Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1914-10-31
Nebraska
BUSY DAY FOR HIGH COURT
State Supreme Tribunal Hands
Down Important Decisions.
ECHO OF CAPITOL BANK FAILURE
Ruled that street Railway Cannot
Change Routing TO Detriment
of Public.
lFrom a STAFF Correspondentl

(From a staff Correspondent
LINCOLN. oct -(Special)-Opinions
handed down by the supreme court today
cover several things Of statewide inter-
est. The reversal of the Douglas county
district court, which sentenced Jones, the
negro murderer. to the electric chair; an
echo of the old Capitol National bank
failure in Line DIN; the right of a street
railway company to use streets of a city
according to its own pleasure, and an
opinion which denies street railway COM
panies the right to change their car rout-
lngs to the detriment OF the public, are
among the rulings of the high court.
Can Recover from Funds.
Lancaster County can recover from the
state funds I'm the amount Of SlOSAA21 Tor
taxes collected by Lancaster county for
the state and lost through the failure of
the Capitol National bank of Lincoln in
1898.
When the bank failed the county had
on deposit SS9 G6O62 Acting on his own
Judgment and in the belief that the
county was an insured of money col
lectcd for the state the county treasurer
paid $lO.3iS.21 of the amount TO the state
treasurer.
In 1905 action was brought by Lancaster
state under permission given by the leg
isiature Afterwards through some mis-
take the case was dismissed by county
officials and later rcopened, Judgment
being given by the Lancaster county dis
trict court against the state for the
amount
state Appeals.
The state appealed and the supreme
court holds that the state must reim-
nurse the county The syllabus of the
court is:
/ The statute which permits an action
In bo brought against the state by per
mission Of the legislature, or eltnSr houst
house thereof, provides that, Inc coLI
en- which such action may be brought
shall hear and determine the matter upon
the test mOnY, according to justice am
right as upon the amiCablc settlement OF
n controversy and shall render award
and Judgment against the claimant, or
the state, as upon the testimony rlehl
and Justice may require Section llSO'
Revised Statutes, 1918 Under this direc-
zion il is the duty of the court to brush
aside technical defenses and to act IN
ing to amicably settle their controversy
Under these provisions and the Circum-
stances OF this case, as set forth IN me
opinion, the statutes OF Limitation shoulu
rot he held to be Z defense TO the action.
. Where a county treasurer had de-
posted money received by him for taxes
belonging to the several current FUNDS
of the county treasury in a depository
bank which has given bond as specified
i'm the depository statute, laws OF 1881,
chapter so he is not liable for the sale
keeping of the funds.
Where the county treasurer is re-
lievcd from liability upon his bond Tor
the loss Of funds deposited in such banks,
the county itself lin the absence Of eX-
traordinary circumstances. such as fraud
bad faith or gross negligence in the Sc
lection of a depository or the approval OF
its bond) is free from liability to the
state for money collected as taxes In the
capacity as trustee for the state and de-
posted by the county treasurer in .such
depository bank.
safekeepng OF funds derived from the
collection of state taxes in its capacity
as trustee for the state.
T. Where n county treasurer under the
mistaken idea that the county was the
insurer of money received by it from
taxes for tho benefit of the state. paid to
the state treasurer from other money be-
longing to the county an amount equal
TO the proportion which the state owned
Of the money deposited in depository
bank. which was lost on account of the
failure Of the bank without the fault of
the county. an action NAV be maintained
under the permission Of the state senate
- recover back such money erroneously
paid. and the fact that certain entries
werc made in the county books by the
treasurer charging the money lost to
certain funds under the same mistaken
lhtd. - no utltiiSt ~ tlit dNNioIl'
Heirs Can Recover Damages.
Heirs of John Hughes of Sarpy county
can recover from that county the amount
of 5000 given him in the district court
of that county for damages sustained by
reason of a road located along his land.
a claim for damages was filed by him
against the county amounting to $500.
Appraisers allowed him s211. This was
cut by the county commissioners to
Sl2l25. Hughes later died and his estate
appealed.
Claim was made by Hughes that a
hedge which was destroyed was worth
$1,000 and the land $500.
What Court Holds.
The court holds that. I'm a common
law submission an award was agreed
upon by the arbitration OF $500. signed
and sealed and given to one of the arbi-
traitors to deliver, which he failed to do,
but produced it in court upon an order
10 that effect being made, and that fail
ure to deliver did not revoke the agree
mcnt or set it aside"
ShIIl Judgment Reversed.
Judgment of the Douglas county dis
trict court is reversed by the supreme
court given in favor of John Shlik for
$1,000 against Armour g. Co. for damages
received by the former while employed
by the company.
The court holds that the evidence is