Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-09-03
DENIS TO ABROGATE
LAW TO SOLVE MIX
Attorney General Advises Them
Gerdes Act About Paying Fees
Into Treasury Void.
REGARDS CONTROVERSY OVER
CFrom a Staff Correspondent }

(From Staff Correspondent)
LINCOLN. Sept. 2.-(Special. )-Afraid
! to call special session of the legislature
to cure the defects Of the regular session,
because 1t would be an admission that
the last democratic session was a failure,
democratic state officials will now seek
to declare law passed by the democratic
legislature Of 1911 unconstitutional and
thus override the efforts OF democratic
state treasurer to protect the funds of
the state under the authority given him
| by the statutes.
The controversy which has arisen be-
tween State Treasurer George Hall and
the rest of the state officers over the
right of tn departments known as the fire
commission. food commission and one
or two others to draw from the state
treasury by warrant funds that have
been paid by them into the treasury with
out an act of the Legislature appropriat-
ing such funds, has brought about con-
dition making It necessary either to call
a session of the legislature to appropriate
the funds legally or pay them out illeg-
ally.
VIII Attack Gerdes Law.
A bill introduced by Henry Gerdes,
democrat OF Richardson county, in the
session of 1911, known as house roll 571
was passed by both houses, which were
democratic. and signed by a republican
governor. Mr.. Gerdes, who Is now q mem
ber Of the Board of Control and
his committee worked hard on the bill
seeking to prevent extravaganza in de-
partments which they charged against
republicans who had control of the state
institutions and departments of the
state. So they drafted this bill, which
was for the purpose OF compelling all Of
ficials of the state authorized to receive
fees of any kind to turn them into the
state treasury and then each legislature
would appropriate such amount as wa
necessary to pay the expenses of the de-
partment. The bill provided as follows:
Section !. That hereafter 1t shall be
state institution board or officer. a ting
under or by virtue OF any statute OF au-
thorlty OF the state to receive any fees.
property. or any money belonging To the
state, or due for any service rendered
by virtue Of state authority, without
paying the same into the state treasury
within thirty days OF the receipt thereof
And such money 30 paid INTO the STATE
treasury shall be withdrawn therefrom
and warrant. Provided that all moneS
so paid in for the biennium endine
March 81, 1913. is hereby appropriated SC
the use OF the DEPARTMENT. Office. board
OF institution paving the same into tho
state treasury. Provided further. thai
| the head OF any institution neceivins
from any source funds to be held ir
trust and expended for the benefit q
any inmate thereof, shall not be re
state treasury as. provided herein. bu
shall at the end ~ each month fi'e with
the state auaitoT a detailed and attestes
a9d expended by him or her.
ton or board SetnE nSder er'S or BY R5t Strtu,
OF anv statute OF authority OF the state
who sha'l fell or refuse 20 paw owe
beIongin~ TO the state or shall fan I,
account TO. or to make settlement within
reasonable tine after noti'e 80 TO do
the official accounts Of such person
shall be taken as prlma fscie evidenc'
OF embezz' ement, ara such person o.
persons shaN be punished rs now pro
Nced " lew for the embezzlement O
public funds.
D'dn't Look for Boomerang.
!. II Is evident that when the demOcrati,
legislature Fassed that law the member
had no idea that the officials elected by
their own party would so soon find
themselves tied hand and foot by an in
competent Legislature 50 that their de
partments would not be able to run. Blu
they are now confronted with that iden
ueal condition. and not having the mora
courage to admit the last legislature wa
incompetent. By calling another specia
session TO correct the deficiencies. vii
now proceed to break laws made b.
themselves in order 10 save the part,
politically.