Omaha daily bee., 1909-04-14
Nebraska

such a suit would establish the constitu-
tionslity Of the new law.
Treasurer Brian. who is a member of the
old board and Of the new by virtue OF his
position as state treasurer, will refuse to
meet with the new board. but will hold
that the law creating It is no good from a
legal standpoint.
New Treasury Examiner.
Samuel Mes OF Neigh is expected to ar
rive shortly and qualify as a county
treasurer examiner under appointment by
Auditor Barton. Mr.. Mes was formerly
county treasurer and also county superin-
tendent of Antelope county.
Kearney Bonds Unregistered.
Auditor Barton has refused to register
a bond issue of 100000 by the city Of Kear-
ney for the purpose Of constructing a city
water works plant. Mr.. Barton's reasons
for the refusal are contained in the fol-
lowing letter to the city clerk Of Kearney.
Mr.. George r. FDrde:
/ have a before me for consideration
the history Of the action of the council of
the city OF Kearney relative to the issue of
water works bonds IN the sum OF 500, 900,
and beg to state that l canno register
same, for the following reasons: The ordi-
nance providing for the calling of the
special election does not mention the time
the bonds are to run and rate of interest
they are to bear, nor when they are OPP
tional. Tho notice of the special election
does not mention the length of time the
bonds are TO run or the rate OF Interest
they are To bear. or the time when they
are optional. The last ordinance provided
Tor the Issuance of these bonds specified
in regard TO this matter. but such ordi-
nance was passed after the election was
held and the result declared. The bonds
were voted October 10. 1907, and we're never
Issued until January /. 1909-fifteen months
later, which leads me to believe there was
some doubt in the mind of the council OF
the city of Kearney as to their validity.
But greater than all of these, there is a
grave question, and for which l hesitate
to register them, and that is the constitu-
tionality OF the act under which they were
voted.
Opinions Of Supreme Court.
The following opinions of the supreme
court we're filed today:
Smith against Hofeldt. On rehearing
former judgment of reversal vacated and
set aside; Judgment OF district court az
j., dissenting g, etaoin shrdlu bm BIN BIN bul
firmed. Reese, c. j.; Letton, j., ana
Barnes, j., dissenting
Currier against Teske. . rehesfme
judgment OF district court affirmed as TO
all defendants except Walter Schmiedke
and reversed as to said Schmiedke. Let
Butler against secrlst. Reversed and re-
manded. Rose, j.
Butler against Smith. Reversed and re-
KrbeI against Krbel. Reversed and re-
manded. Good, c.
Erwin against Montgomery. Affirmed.
Fauber against Keim. Appeal dismissed,
state ex rel Minden Edison Electric Light
and Power company against city OF Mlnden.
Reversed and remanded with instrnctions
to dimiss REALTORS application. Calk1ns, Z:
Griffin against Chriswisser. Reversed
and remanded. Calkins, c., and Root j..
West against West. Affirmed. Good, C.
Munson against Thompson. Affirmed
Root. ].
Affirmed. Epperson, c. 49,.
Meyer-Cord company against Hill. At
firmed. Fawcett, j.
Ongelke against Engelke. Affirmed Ep'
Rirkel against Norton. Reversed and &C.
ton dismissed. Good, G.
Tyson against Bryan. Reversed and re-
wilkins against wilkins. Judgment OF
district court modified and affirmed. Calk'
i ms, G.
! Reversed and remanded. Epperson. C..
Hoiz against Buriing. Reversed and plain
tiff's action dismissed. Calkins, c..
Strong against Thurston county Affirmed'
Exchange bank of Wilcox against Me-
braska Underwriters Insurance company.
Reversed and remanded Duffi" c.a
II bN0't 9NNhAN
I ,Rofnf against Rice. Reversed and re-
manded. Epperson, c.
j. II. Teasdale company against Keckler.
Reversed and remsnded. puffe; G. n.
| versed in part; affirmed in part: Dufhe, c.
State ox rel Kateiman against Fink. Al
Mcshane against Mcshane, Affirmed.
ROOt
Cannon against worth. Affirmed. ED-
Bayard against city of Franklin. AZ
RneSe AGAINST Bahr. Affirmed. Good. c.
Fisher against Chambers. Affirmed.
Friel AGAINST Claus Groth Plattdutschen
vereen. Affirmed. Epperson, 2.
Weeke against Whitman. Reversed and
remanded. calkins. G,
Schuster against Schustes. REVERSED WIN
directions. Dean, J.
Schade against Conner. Reversed and re-
manded. Barnes, J.
and remanded with directions. Dufffe, c.
Farrell against F. and NJ. Insurance COM
parry. Reversed and rem6nded. ROOF, >;
Berger against Wilcox. Reversed Duttie.
CIeve against Burlington railroad, Re-
yersed and remanded. Epperson, G.
Peterson AGAINST state, Reversed and
remanded. Root, j.
Following are rulings on motions for re-
hearing:
State against several parcels OF land CWi-
mani. Overruled.
Dennison against Daily News. Overruled.
Hadsall against Hadsall. Overruled.
Burnham against Burlington railroad.
Overruled.
shuts against Burlington railroad. over
ruled.
Shell against Tuckerman. overruled.
Douglas county against V~insonhaler.
Overruled.
Bergeron against Modern Brotherhood of
America. Cverruled.
Kennison against State. 0verruled.
wocds against Marley. Overruled.
Bolton against Becker. Overruled.
Poston against State. O~verruled.
Whedon against Brown. Overruled.
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