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SUBMIT THE BOUNTY CASH Arguments Presented to Supreme Court a Yesterday's Session. CHURCHILL AMENDS HIS BRIEF SOMI Counsel for Relator Upholds the Validity of the Nebraska Statute and Attorney General Points Out Its Weakness. LINCOLN, Nov. 19.-(Special.)-The firs case heard by the supreme court this morn ing was that of the State of Nebraska ex rel the Norfolk Beet Sugar company agains Eugene Moore as state auditor As outlined in this morning's issue of The Bee, the action is one brought to test not only the validity of the bounty act but also the valid ity of the warrants already issued in pay ment of large bounty claims of the Grand Island and Norfolk manufactories. Attor ney General Churchill represented the state auditor this morning, while the Beet Sugar company was present in the persons of ex Senator Charles F. Manderson and W. S Summers. The arguments were rather lengthy, counsel for the relator upholding the validity of the bounty act by numerous citations from the statute books, while the attorney general followed closely the line laid down in his brief, published this morn ing. The only changes made in the brief was the following interpretation attached to sections 1 and 8 of chapter 1. General Laws, which was appended to the brief with the leave of the court: The language of the first section of the act is: "There shall be paid out of the state treasury to any person; When The statute does not say; but the constitution does say: "No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law And it is then, and only then, that "There shall be paid out of the state treasury to any person the five-eighths of 1 cent per pound upon each and every pound of sugar SO manufactured.' This fixes the time but until such appropriation is made no time is fixed. and it is not specific. Now as to section 8. The language is "When any claim arising under this act is filed, verified and approved by the secretary of state as herein provided, he shall certify the same to the auditor of state. That is, when a claim is filed the secretary of state shall certify. It is not that the auditor shall then issue a warrant; but it is "who shall draw a warrant When? Whenever there is a specific appropriation therefor: not before There is no other construction which can be put upon these sections without their being in conflict with the constitution: but thus construed it may be that the act is not void. This action, however, will not lie until the legislature shall have made the specific appropriation for the payment of such claims. The case was submitted upon the conclusion of the arguments. REQUISITION FOR ELLIOTT. Governor Holcomb today granted a requisition for George Elliott, wanted in Omaha for the murder of Gay Hutsonpiller, on request of County Attorney Baldrige of Douglas county. It now appears that George Washington Davis will not doff his stripes for at least ten days. The convicted train wrecker, who is now said to have been illegally convicted, owing to the unconstitutionality of section 93 of the Criminal Code, will have to wait until County Attorney Woodward has a heiring on a brief which the supreme court this morning gave him permission to file, bearing upon this same mooted section, 93. Although the court granted ten days to the county attorney in which to file his brief, it is understood that longer time will be asked, owing to pressure of work in the criminal court now in session This morning Judge Holmes took up the case of the Omaha Loan and Trust com pany against the estate of F. Goodman of Omaha. He at one time owned 160 acres of land near Cother university, ten acres of which he agreed to donate for the university's endowment in consideration of its being located near his tract. The university was built on time and according to specifications, but on being asked to make a deed Goodman delayed on various pretexts until, when he died, he had failed to carry out his contract. R. S. Dill, a cross-petitioner and the assignee of the university board, is endeavoring to enforce his claim to the ten acres and the plaintiff to a part of the tract to secure judgment of $1,064. The supreme court has granted a new trial to E. C. Hockenberger, ex-treasurer of Hall county, charged with embezzling $1,000 of school funds. The First National bank of Omaha obtained a decree of foreclosure on the Henry T. Clarke farm. near College View, today to satisfy a claim for $15,947. the Penn Mutual being second with one for $11,060. Mrs. Carrie Cobb this morning paid to the county commissioners the sum of $3,500, to be applied on whatever sum is found due from her late husband, Maxey Cobb, as treasurer. The money is the proceeds of a life insurance policy held in the Bankers Life. This makes over $6,000 she has paid. The commission appointed by the supremo court to examine applicants to practice before that tribunal, reported favorably today upon the following: Charles P. Gable, J. H. Lindale, James J. Roberts, J. W. Reece, A. W. Gross and T. E. McKillip. The court affirmed judgment in the case of Dr. B. F. Jones of Ashland, who was fined $50 in the lower court for practicing medicino without having filed his certificate in the office of the county clerk. Hattio Gordon was given a decree of divorce from her husband, Jonathan, by Judge Holmes this forenoon. Nonsupport was the cause of action. RECEIVER WINS THE SUIT. In the case of John E. Hill, receiver for the Lincoln Savings bank, against the Nebraska Christian Educational board and others Judge Holmes found that the de-