Omaha daily bee., 1909-04-13
Nebraska
ROSE REFUSES TO CONCUR
Judge Dissents About Appropriation
Of University Levy.
HOLDS INTENT OF LAW Is PLAIN
Treasurer Has NO Right 60 Pay I'm
coIIectable Part OF Tax For Any
PurpOsc-EHOrt 20 En-
Join Election.
oFrom a staff correspondent

- ARAA
LINCOLN, April 12.-(Special )-Judge w
3. Rose Of the supreme court has filed
dissenting opinion in the case wherein JOIN
]. Ledwith brought a suit for mandarin
against the state treasurer to compel hin
to sign a warrant for $50 for services M
rendered as an instructor in the university
and to compel him to credit the university
with the sum of SS46, 017.96.
In his opinion, in which a majority Of the
court concurred, Judge c. B. Letton granted
the mandamus to compel the state treas
urer TO countersign the warrant. but the
relief for the credit item was not granted.
In the same opinion the court also held
tnat the proceeds of the 1-mill levy
meant the entire 1-miil levy. II was held
also that the proceeds arising from the
investment Of the permanent university
tund n the funds donated by the general
government were available for use bv the
regents without the legislature appropriate
ing the same bionnially. In his conclusion
Judge Letton said:
to the details regarding the funds
involved we are not fully advised. hut
enough appears to justify us in reo,,irinr
the respondent to counter-sign the warrant
presented by the relator."
Exception TO Judge Lettor.
ouuse Rose takes exceptions to this state
said: 'uNse bet'on' lie
out II there is an unexpended annrour,.,o
fuilv nSy the state treasurer NAV law
the oninioH ne warrant for $35. / am ~
o5tnnon relator should he reoi,ired ~
q condition of relief, to describe ~ i n as
cons,a.. precise terms, especially ,inder !
ture shalt providing that each ieeisla-
penses Of MAKE tha appropriations for the ex.
niratJSr tne government, until the e~.
tha aon OF the first fiscal quarter sfter
sion %%"Journment of the next regular ses-
sron, and that mo money shall he dre1a
from the treasury excent ,n ue oraWn
speciilc appropriation made nv Ian =
az .nese provisions of the CONSTITUTION
or uncertsjnt, mere Is never any mistake
ppIoprlation or the amount of anv ,nax,
treasury. ""u III the state
Meaning OF Proceeds
'uuse Rose insisted that when any re-
,@"i ssys the treasurer is not performing
nS uuties according to law it is his duty
~ OUT a plain definit STATUTORY duty
"nrcn tne treasurer has failed to perform
~ discussing the courts decision that the
proceeds of the 1 mill levy" means the
entire l mill levy, Judge Rose sata. 'I
eh"h the word proceeds was used nv
~ ~ OTulnaTX sense RU
the language used the lawmakers meant
the FUNDS arising from the tax ana ala not
intend to appropriate that norton ne 49,
Tax which will never be collected The ~
collectable part of the tax is not nroceeds
according to my understanding of the
Ia" the Interpretation that the words "nyo.
oeeus OF the one mill university tax,,
nieahs the one mill university tax Strikes
,fon' the statute the word ''proceeds', and
- IN violation OF the established canon NJ
construction that effect must be given "a
every word OF the statute, II possible ~
tne legislature intended to appropriate the
""ole or the tax the word ''proceeds,,
would have been omitted.
Judge Ross insisted also I'm his onirior
the government funds should he an
pfopriated oiennially before the funds are
@vailaDie Tor the use of the regents
~ II Inquired that one effect of the corrt,s
VIII be that hereafter IT will NOT |
necessary Tor the regents of the state
university 10 acquaint the legislature with
"e iact that 1t receives annually so MANY |
'nousanu dollars from the general. govern
hen'' mus giving to the legislature a WRONG |
Of the amount OF monev r,hioS
the state should pay for the malntensnco
of the institution.
Pollard VIII Have Apples.
we VIII have an abundance of fruit -
ex-Congressman Pollard this mornips
Nhhe mere on business from his home AZ
Neha"ka' III we had ordered the snr,ng
ourselves 1t could not have been better
rom the standpoint of the fruit man. The
weather has kept the apples back and
: VIII De two weeks at least even with
warm weather for them to bud out Nv
une the cold weather will have been
passed and there will be little danger 7
iSVe oeen told the peaches have been dam
Ased' but ours are not hurt in the least /"
Action ON Club House Deferred
AZ meeting OF the board of directors
- ~ commercial club. which was held
Monday afternoon, it was decided 70 desor
actlon IN regard to the erection OF q new
'uhulhs until an offer has been submittod
oy the Bankers Life Insurance companv
= Is NOT known what rent the company
may WISH TO charge the club for the use
OF the upper floor OF the building ana
lh'l this is determined no plans will he
Tor or gains the erection of a new
building. VI ne"
ohiS a rev more thar one-half of the
OF the Commercial club have
lit nn