Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-24
FISHER CLAIM REJECTED
COMMITTEES Reports There is No Valid
Claim Against the State.
METHODS OF CLAIMANT SEVERELY SCORED
Recommendation that Attorney Gem
srni at once Commence Disbar-
ment Proceedings Against Him
on Account Thereof.
(From a stan Correspondent

CFrom a stan Correspondent)
LINCOLN, March g. - Especially - The
claims committee has settled for this ses-
sion and probably for all sessions the
claims against the state by reason Of the 1
death OF one Goedde Of Sioux county, |
whose land was supposed to have escheated |
to the state because he had no relatives /
in this country. The committee rejected /
all claims. This report il made to the house |
this morning and 1t went farther and re-
quested the attorney general to institute
disbarment proceedings against Allen c. |
Fisher and recommended that a record of
the claims as dug up by the committee
and record of the proceedings before the
committee be filed with the secretary of
state for the benefit Of future legislatures.
The report contains letter from Attorney
General Thompson holding that there has
never been a valid claim against the state
in this case because the Goedde heirs under
the treaty with Prussia had right to sell
the land and there has never been fixed
time limit when the sale is to be made
! by the state.
Report of Committee.
The report Of the committee is as fol-
! lows;
Your committee on claims, having had
/ under consideration the claims of Herman
| Kaup, attorney in fact for Albert Goedde
/ and Maria Hidden, for 1880 for the ap-
! praised value of escheated land Of Herman
! Goedde, deceased, in Sioux county, Ne
! braslta, and having subpoenaed and exam
( ined large number of witnesses, whose
, testimony reduced to writing submits
the following findings and recommend
| tons:
| /. Herman Goedde a resident Of Sioux
county, Nebraska, died intestate at the
Hospital for the Insane at Norfolk, Feb
] I az
he was the owner of the north half Of the
northeast quarter and the north half Of
the northwest quarter of section 20, and
the east half of the northwest quarter and
the east half Of the southwest quarter and
lots l, 2, and and the west half of the
southwest quarter Of section 30, all in
township IS north, Of range 81 west, Of
the sixth principal meridian, and the east
half of the southwest quarter of section
Is, in township 80 north, of range s. west,
of the sixth principal meridian. He left
no heirs in the United States, and his sole
heirs at law were Maria Hidden, a sister,
of Bielfeld, Westphalia, Prussia, and Al
bert Goedde, a brother, of Buren,, West
phalia, Prussia.
pointed Herman Kaup of West Point, Neb
attorney in fact to settle the Nebraska es-
tate OF their deceased brother and trans
init the proceeds to the heirs in Prussia.
In executing his trust as attorney in fact
Herman Kaup counseled with John H.
Dindale an attorney at law of West
Point, and with the latter's advice APP
pointed Allen G. Fisher, attorney Of
Chadron, Neb., to transact all business
necessary to a full and complete settle
Inent of the Goedde estate in Sioux county
Nebraska. For compensation for his SER
vices Allen C. Fisher was to receive all
funds realized in excess Of $1,000 A secret
agreement between John H. Lindale and
Allen G. Fisher required the latter to pay
one-third of his compensation to Endale.
3. Under sections 70, II, Y and 73 chapter
) lxxiii, Compiled Statutes of Nebraska, the
were prohibited from inheriting his real
estate in Sioux county, Nebraska, but a
treaty between the United States and Prus-
Where, on the death of any person hold
Ing real estate within the territories of the
laws OF the country be prohibited from In
heriting the same by reason of allenage,
reasonable time TO sell the same and to
withdraw the proceeds without molestation
on the part OF the government of the re-
spective states.
ApprnIsement il Changed.
T. February %, 1900, the county attorney
Of Sioux county filed in the district court
braska, a petition describing the Goedde
lands in Sioux COZ nty. alleging the heirs
decree escheating to the state of Nebraska
the real estate of which Herman Goedde
s6s s OF the PTussan heirs this h suit %as
presented under the Nebraska statutes
which deprive nonresident aliens of the
right to Inherit land in Nebraska April
Is, 1900, Allen g. Fisher filed for the Goedde
heirs in this suit in which he failed TO as
sert the treaty rights of his clients to sell
their land and remove the proceeds, but
admitted the truth of the allegation of the
petition and Joined the plaintiff in a prayer
= | for the decree escheating to the state of
, | Nebraska land which the PTussian treaty
! permitted the Goedde heirs to sell without
| molestation. October 3, 1900, the district
court rendered decree that the Goedde
land In Sioux county had escheated to the
state and directing the county treasurer
county Judge and county clerk to appraise
8, October 10. 1900, the land was appraised
= at $500 and the appraisers filed their
- formal appraisement in writing in the dis
trict court, the sum being in figures only.
Afterwards the figure one was feloniously
, inserted before the figure five, and after the
figure one in the appraisement, and the
amount thus fraudulenty and unlawfully
raised so as to appear to be $ll,5OO, instead
of $500.
Il The actual value Of the land at the time
of the appraisement was shown by the
positive testimony of two of the appraisers
Il to be s., 800 The original appraisement was
before the committee, and the forgery is
apparent. The evidence did not show who
II committed the forgery.
/ 6 Allen G. Fisher. for the GOedde heirs,
filed with the auditor of public accounts a
claim against the state for $500 for the
| value OF the GOedde lands in Sioux county,
| and caused the same TO be presented TO
the legislature for allowance during the
session OF 1901. This claim showed the APP
| praised value Of the land to be $500, and
was verified by the oath of Allen @. Fisher
| that II was valid claim against the state.
| The legislature of 1901 rejected the claim.
T. on February 3, 1903. Allen G. Fisher,
for the Goedde heirs, filed with the auditor
of public accounts another claim against
the state for the value of the Goedde land