Omaha daily bee., 1915-09-03
DENIS TO ABR0GATE
LAW TO SOLVE MIX
CONTINUED from Page opeJ

AkbAAAAAaN1 AAbhA = NeN 0ANF
future welfare Of the democratic party
and it's ability to keep lis Politicians In
office Is paramount to keeping the laws
Of the state or taking such action M
would save the state from irrcparable
Iosa.
Attorney General Willis Reed said this
morning that he believed the Gerdes law
unconstitutional and that he believed
that the departments could 20 ahead and
pay out the money coming to them as
they saw fit and turn the balance into
the treasury. In substhntiation OF that
statement ne said to newspaper men who
called on him:
~ 10 Fire Companies.
With reference to the sala. les OF Dep
uty Fire Commissioner Riagei and his
assistants. in watch the money for the
payment OF the same has been pad into
companies, II any insnl ance company
when paid the fees into the treasury de-
sires the deputy fire commissioner 10
conunue his splendid work, u lies N the
power Of the Insurance company to In
ktitute msndamus proceeding against
the state treasurer 20 compel nim 70 pay
the expenses as contemplated In the law
originally Lassed creating .he department
Of fire commissioner. 1 have never en.er-
tanned any doubt upon that point, and 90
Riogtn while the eg.s AZURE was in SEES
sio.i. / was not called upon TO express
any opinion relative to other fees appro-
pstated o. not TO be appropriated At any
Time du. ing the session OF the legislature:
u is quite evident that Tleasu.e r Hall
Y honestly In doubt and does not With
my official capacity have given an
opinion that the feen which were to be
used for the department. Of the ,,s,, deputy
the. auditor and paid by, the treasurer.
and neither would be iiab Q upon his
bond. 4 am confident this Il the law. II
lie liable upon his bond II he 10 lowed the
advice of Che legally constituted author
Or. assd " me ,b cons s futon A., snc pn NM
are protected In the event of consul ling
the county attorney, where they have
honesty and clearly stated all the facts
Officers Protected.
The county attorney might possibly. be
Officers when they nave honestly acted
upon the advice OF the proper l.. Gal au-
thOrity created W the law to render such
services, and that may be one OF the
reasons why the attorney u inquired 70
glve q bond, irrespective OF the po9Bi-
bilsy OF any money ever reaching his
mo, I do not think II is necessary foE
special session OF the legislature. IL
Deputy FOOD. OIL and Dairy Commis-
partment as heretofore. with the excep-
ton OF paying the fees Immediately into
sss state be S SSS Tt Bsy az
and administering the law In the most
efficient manner, and deposit the excess
turn such excess aS Into the ems state treasSry.
the state OF Nebraska would have the
full benefit OF the law which was Gre.
the people, and which the people are
much more lnterestea In than the fees.
In addition thereto. Il would lose nothing
objection with reference 70 the appropri-
alton. and which, no doubt, the legisla-
tnre honestly believed that II had done.
Need Not Lose Interest.
THE state would not necessarily lose
the interest upon the money In excess
fees and administering the affairs OF the
office, because the commissioner could
deposit the money. and obtain interest
slloulo keep AN accurate Individual per
sonai account OF every Item received and
OF escn Item paid out. as well a. the
the money until the enc OF the year. anc
AZ the end Of each month pubiish the fac
70 he public. that anyone VINO SHOULD
confident the general public would ap-
prove such a course instead OF calling
special session Of the lesislature 70 mak,
protect the treasurer upon his bond.
The state Is no different from an In
tract ana must Also be cnarsed win Sa,
burden OF H. Un.ess the Inspection goei
on. the state would not receive the ices
and In accepting the money In excess
over ana above the expenses. the sta.,
woulo be bound by the contract to pa,
the expenses OF Inspecting aud admins
tertnG the law. IL Is not the state
money until II " actually paid into tn,
stats treasury. and those who have bee.
8 inspected would not. and having Volun
tarily PAID. could not complaln. An
danger Of any possible litigation Il com
pletely eliminated. No one u injured
the public 10 benefited. and II seems 4
me u u the only sensible way out OF tn
present chaotic condition.
Yea, am aware OF what IL known a
the Geroes law. That does not affec
my views In the least, as ID Is clearly un
constitutional and no lawyer pretends I
claim otherwise"