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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 29, 1893)
OMAHA ! DAILY BEE. TWENTY-SECOND YEAH. OMAHA , WEDNESDAY MORNING , MARCH 29 , 1893. NUMBER 280. PEOPLE DEMAND IT ! Investigation of the ' Ohargcs Against the Derelict State'Officers in Order. POPULAR OPINION IS UNANIMOUS Ko Question of Pnrtv _ Fealty Should Hinder the Oourse of Justice , CONSERVATIVE EXPRESSIONS GIVEN OUT Men Who Pay Taxea Ask that the Muck Heap Bo Oleaued Awav. TRUTH MUST PREVAIL IN NEBRASKA Ko.irchliiK Inquiry Into tlio Ki-cordu of Stuto OlllcluU U Allied I'or IncHieplit "Sinn Need No * IVlir the Outcome of Trl.ll. Tun Bni-i presents additional expressions from republicans of the stalu on the question of forcing ofllciuls charged with criminal neglect of duty to undergo a trial before the court of impeachment. Sentiment seems lo have crystal Izcd on ono poinl : Inasmuch as the house investigating committees have by their findings made grave charges against members of Iho State Hoard of I'ubllr Lands and nuIldhiRS. there Is nothing left to do butte to give these ofllclals an opportunity to vin dicate themselves , Upoti their failure to do BO they must suffer thu consequences of their ofile'a ! misconduct. Wo quote : Nliiuild .Mlllo l > Ml'nie tjUnprofitable. . " \VnsT POINT , Neb. . March 18. ! [ Special to TIIK Unr.In | discussing the situation at IJncoln few of the republicans hero want to go on record. They say it should be looked Into thoroughly. Uriah Bruner If upon examination of the testimony taken by the investigating com mittees it should be found lhal any of Ihu state officials were willfully corrupt or crimi nally negligent In Iho performance of their official duties , and that there would be any likelihood of a conviction in case of impeach ment , they should bo Impeached ; but , on the Other hand , should there bo not sufficient tesllmony to obtain a conviction , impeach ment should not be attempted , but the proper steps should bo taken to make it un profitable for ufllclals to neglect their public dulles. The public demands honesty , integ rity and efficiency In their public servants. Hnlviltlon of the I'm I V. CENTIIAI. CITY , Neb. , March US. [ Special to THE Hnn. ] Kopublieans hero aru of Iho opinion that if Investigating committee's re port Is true , the members of Iho board should bo fired without delay. It Is the salvation of the republican party. W.H. . C. Klco , county Judge If reports are true , turn them out. J. B. Tiniplln. county treasurer Give them a trial and If guilty Impeach them. Dr. W. Y. K. Gtiwnc If guilty , impeach them. J. 1C. Ba'tbltt Vurn them out. C. A. Stltzcr Servo them , thu same as other dishonest men are served. A. J. Bnwlo If reports are true fire them. AV. T. Thompson Have paid lilllo atten tion to testimony , bul i-f guilty they should bo Impeached , Joe A. Hays I bclluvo them guilty and bo- licvo they should be impeached. Joseph Vieregg Flro them out. M. Cuddington , president Agricultural society They should be Investigated and if guilty should be Impeached. N. D. Ifeyes If guilty turn them oul. Isaao Tyndall It reports are true they should bo turned oul and honest , men put in their places. * Iliibron Sentiment. f , Hob. , March 28. [ Special to I'm : Kvery citizen and business man In terviewed \vas In favor of an Investigation. AVIUlam Cook. Hon. lA M. Wutherald , C. C. Fletcher , J. M. Fitspatrick , W. II. Frame , Captain Stickle.V. . D. ( ialbraith , M. C. "Lcuch , F. A. Powell and N. A. Heath all wcro In favor of Investigation , but would not subscribe' any money. A. C. King , Milton Khodes , W. M. Bargcr nnd J.V. . Hughes would snbscribo a small amount for expense of members during Ihu examination. Ojrooln People Are Weary. OSCEOLA , Nob. , March 128. [ Special to THE IlcK. ] Almost every man In this vil lage , democrats , republicans , prohibitionists and populists , cay that If the state ollldals nrc guilty they should bo impeached , anil eay , "Lot no guilty man escape. " Some say that the legislators have been getting $5 n tiny , niul some of them could not nnvo earned halt of lhal nt any thing else , and they would rather contribute 33 for them to go homo and mini their own business and not bring any more disgrace on the state. County Treasurer Mackln and County Judge Hurst each wouh pay ? 5. There U Itoltonncsi to Hu Keiirhuil , NKIIKAHKA CITY , March S3. [ Special to Tins Bnu.JProminent republicans of this city express themselves as follows on the question of impeachment : II. C Freeman , city clerk That there is rottenness somewhere is apparent. I do no wish to ? hnrgu these men with guilt , bu investigation Is demanded. Too maiii bchemers have attached themselves to the republican party in this state , and the } must bo llred out or the party must sutfiu the consequences. No guilty man should be allowed to escape. If these ollldals an gulltv they should bo punished , if not inves ttgatlon will not harm them. William Pllaeglng , manager Consolldatei Tank Line Com p. ny I am In favor of Im pcachmenl proceedings. If the rvpuhllcai party ever hopes to succeed In this state this Investigation must bo carried Ihrough Thai there Is a rotten ring at Lincoln somewhere - where , no ono doubts , and the people ought to sanction any action that will put a stoj to these- stupendous steals. Post master F. 10. Helvoy I know nothing of the matter at Issue except that which havu seen In the papers. If thu re | > orts are correct or approximately so , a rigid inquiry should bo had. giving the accused every op portimlty to vindicate their course. Thei no honest ofllcial would suffer , and any win had indulged in corruption should bo madn to pay the penalty of their acts , regardless of their social or pollilcal position. As time passes 1)10 ) people with over increasing voice demand thai public office be a public trust M. K. Thorp "Let no guilty man cs capo. " KKAHNEV , Neb. , March 28. [ Special to Tun HKB.J The legislative criisadoagalns corrupt officials Is being commented upoi miito freely by republicans hero. A few o tlio leading ones have been Interviewed. K. M. Kaukln , ex-countv clerk If tho\ were guilly they should bo punished , am there Is certainly enough In night to wurrau n careful and thorough Investigation I bo Hove the republican member ! * of the leglsla turo were willing to stay there at their o\vi expense as long as It was necessary. P. T. Uimbcrt I believe the members o the legislature should stay theio until the } Jlnd out for sure whether or not tuero Is an , foundation for the charges made , and no proposition should bo made to pay them fo xtra limp , especially until they ask It There must bo cause for all the statement . that have been made. 1 do not bollevo th inemters uf the legislature will dare to I'dlonrn until I hey have sifted the matter to the bottom. \ V.V. . llarnoy , eocrotary county contra rnimnlitco- urn .personally acquainted will the olllcers implicated in the proceedings and am loth to believe they are guilty. However over , there Is strong evidence for bnllcvint , them guilty , and at best they have probably been grossly negligent of their duty. Ida not btllcre U would do nuy coed to circulate a subscription list for the purpose of defray ing the expenses of members of the legisla ture , as they have been fooling away the time allowed them by law , and now that thov have a chance to do sqmo good they should do It without additional compcnsa- Mavor Brady The statements published certainly look bad for those Implicated , and the Investigation should bo continued for the sake of all concerned. The state nas n right to know now whether they have been violating lating their olllcc or not , and if the members of the legislature will not remain there with out extra pay the governor should call a special session for that purpose. If this Is not done the citizens should con tribute to pay the expense fora reasonable length of lime. This ought nol to bo resorted to , however , as It Is for the good of the state. The state will get Iho bcnefll of It , nnd the state should tiay for It. The reputa'lon ' of iho officers is at stake In the mailer and they should now bo cleared or convicted , as the facts develop. The future of Iho repub- lean pirly In Nebraska demands that Jus- ice bo done. ( Irnurii Auk * for Invmtlciitlnn. Or.NEVA , Neb . March > * . -Special [ to Tim inc. | In response to queries concerning the Uuation at Lincoln , citizens of Geneva cx- ircsH themselves as follows : lion. J. D. Hamilton , attorney , ( rep. ) I m in favor of a fair and Impartial Invcstl- ation of Ibis matter and if the stale ollldals ire found guilly they should bo punished. would not favor Impeachment on Iho in- estig.itlon which has been had so far. M. V. King , Kdltor Fillmore County Ko- wbllcan : While I certainly would not favor mpeachment proceedings founded on thy present Investigation , yet 1 do think there ias been carelessness on the part of certain tale olllcrHs ! which should receive n borough and non-partisan investigation and f they are guilty as charged impeachment houlil follow. .tool jv. Barker n.istor * Molho.lfot ICplsco- > al church , ( prohlb ) : It looks to mo as hough there had been carolessnesi souie- vhcro and I should . favor a thorough Inves- igation of the matter. J. A. Larkin , prominenl ro.il estito man- am convinced iu.it some onu Ins been guilly of carelessness and think the mailer hhouiil bo thoroughl.\ and impartially in vestigated and If there are guilty parties .hey should bo punished. A Kochler , chairman county democratic. pntr.ll committee While 1 would not favor mpeachment. proceedings on the present in vestigation , yet I am in favor of a thorough tnd impartial Investigation i f this mailer mil Ihu punishment of Ihu guilty ones. It. A. Matteson. ( rep. ) county clerk If similar charges should be brought against ino in my olllce 1 should say to the county lo.ml of supervisors "Hero are the records , .hey will speak for themselves.1 and 1 thlnlc n Justice to the state ollldals a thorough and mpartlal investigation of this matter should jo made In exactly the same manner and that the question of politics and personal ircjudlco should bo entirely excluded. J. B , Sexton , deputy county treas urer , ( rep. ) You ma.quuto me as siying I , vm in favor of a thorough investigation. J. U Houchin. ( rcp.j If Tun Bun has told the story straight sumo ono should bo im- peached. Sid Donislhorpo , deputy county clerk ( rep ) Personally I am a great admirer of Cieorgu Hastings and as a friend to him I woula say that In Justice to all parties this matter should bo investigated. K. M. Billinzs , attorney ( rep. ) While I would not favor imp ? iclimont proceedings on the present Investigation , tainted as it is with partisanship and personal prejudice , yet I would most emphatically favor a thor ough and impartial investigation of this matter in Justice to the oflteurs interested. I have known ( Jcorge Hastings for nearly twenty years and 1 do not believe he is callable of a dishonorable action. Circum stances seem to point to official neglect on Iho part of General Hustings , as shown by statements of his enemies , and It Is on this account that he should bo vindicated by an impartial and nonpartis.ni inve-tigalion. . C. C. Spanglcr ( rep.While ) I seu nothing in the reports so lar published which would In my estimation warrant an impeachment of any ono , yet 1 do think this matter should bo thoroughly and Impartially investigated hi Justice lo all parties Interested. W. II. Stewart , postmaster I am in favor of 11 thorough investigation in this matter. Colonel S. B. Camp ( rep. ) I say turn poll- tlcs'and personal feeling out of this matter and lul Iho records speak for theiii2lvcs. C. H. Sloan ( rep. ) , county attorney As there has been no evidence presented to the public thai would support Impeachment , I do not care to suggest impeachment , neither do I desire to say that 1 oppose impeach ment. A thorough investigation by the committee of attorneys appointed will prob ably bo fairer than the suggestions of thou sands whoso political sentiments would mould their Judgment. If the state officers are guilly public opinion should neither prompt nor defeat their being punished. As a lawyer. 1 would dislike to have my client indicted by public clamor. 1 should prefer iho grand Jury. II. L. Smith ( rep. ) , banker Were lone of the accused state officials 1 should demand a thorough Investigation of this matter. E. K. Cobb ( rep ) , ibanker I think Ibis Is a mutter which should receive thorough and impartial investigation. H. K. Djmpster ( rep. ) , banker After all lhat has been presented to thu public by thu newspapers , I think. In Justice to all parties , this mailer should be Investigated , and If any statu o file I a Is aru found guilly punish ment should follow. Should < io to tlio Itottom. GiiANi ) ISLAND , Nob. , March US. [ Special loTiuBii : : . ] Fred Hedde. editor of the In dependent ( rop. ) . said editorially last night : "Tlio investigation has shown such terrible abuses that It seems the members of this board , il they hud no criminal intentions , were at least guilty of thu grossest negli gence , paying no attention at nil to their du ties. An Impeachment , therefore , Is per fectly In order and cannot bo objected to under thu allegation thai theio Is not sulllcicnl. evidence of their guilt. Impeachment Is no conviction , il is only nn accusation , something like nn indictment , which demands only a nrobabil- Uy of guilt. After the impeachment the ac cused pel-sons will have their trial , sulllcicnl proof musl bo procured , they will bo heard and will have all the defense they demand , before Ihe judgmcnl111 be rendcied by Iho impeachment court. Consequently there is nothing unfair in an impeachment. There Is good reason for suspicion , and Ibis de- mauds that this case bu brought defore the proper court for decision. If Iho members of Ihu board know Ihol they have done their duty , they in their own interest ought to in- hlsl on an Impeachment , 50 that they will have a chance to clear themselves from sus picion. By lighting against Impeachment they virtually declare that they are guilly. " II. Hummel . ) ! bo- Ueorgo ( rep. , attorneybo - llvo the legislature ought to go to the very bottom of tlio matter and investigate it thoroughly. W. K , McAllister , real estate and loans ( rep. ) I am of the opinion , and thai de cidedly , lhal the members of the board should bo prosecuted. From the informa tion received from THE Bnn and other sources , with oven a liberal allowance for the prejudice which may or may not play a part In iho matter , 1 bijliovo there is enough to emphatically demand u rigid Impeach ment. o UH Investigated. Pcni-vi.iit : , Nob. , March ! X [ Special to Tnu line. J There is strong sentimenl among republicans hero lhal the officers recently retired whoso records do not look the brighl- csl should ho brought to trial and such pun- Ishmcnl meted out to each as the nature of thu crime demanded. There are none hero desirous ot prolongation of the present ses sion to the extent of subscribing funds for lhal purpose. Sumo of the republicans say : W. T. Howard 1 do not think U ( would amount to anything , though 1 think If those follows are guilty of malfeasance they should bo punished. 'It would boii bad thing for the party. I do not doubt lhal there are some things there that need to be Investi gated. Dr. James Woods If ihlngs are as re- portel. I think there needs to be an investi gation , If the oniecrs arc guilty of mal feasance , they should be punished , WV. . KeesThere is u good deal of bun combe In Ihls matter If there has been wrong done it should be investigated , F. H. ICoUn- think that U a matter that OH EGVE.NTU 1'AOKj ( OTIXT nl f TTTt T > n t lTn , HASTINGS LITTLE GAME As Sot Ponrth in the United States Oourt Records. ALLEGATIONS OF DUPLICIFY SWORN TO Accused of Urine nil Attorney for n Do- frnilnnt When HU Duty to thu htnto Itnnilred Him to Hu 1'roM-entor. In calling attention to the case In which Attorney General Hastings Is alleged to have acted on both sides of nn action THE BED referred to certain records In the United States court. These records appear in n suit of George W. Smith to set aside n judgment for $ . * > , OJO in favor of K. A. Blgclow & Co. The attorney for the latter made an affidavit embodying n history of the issues between the parties to the suit nnd charging that Attorney - torney General Hastings , while bound by his oath of office to prosecute nn action against Smith's bank , was secretly acting as ono of Smith's attorneys. Following is a copy of the charges made In The Alltdiivlt. First K. A. Blgclow ft Co. are irraln brokers on the Chicago Board of Trade. Second 1'lalntiff Smith was at the time hero complained of the proprietor of a bank known as the Milllgan Exchange bank located in the town of Milllgan , Neb. This was a private bank. Third Said Smith was not a resident of Milligan , but the entire business of the bank , il scums , was in charge and control of ono Xirhul , cashier. Fourth Xlrhut was speculating on the Chicago Board of Trade through anlant's ' clients' , E. A. Bigelnw & Co. Fifth E. A. Bigclow .t Co. telegraphed Xirhtit on one day for f3,000 ana the succeed ing day for § -.OiK ) . Sixth They received a telegram In reply signed "Milligan Exchange Bank , " advising them that Xlrhut had deposited In said bank to Iho credit of E. A. Hlgclow & Co. $ : i)00 ( ) mid a like telegram advising E. A. Bigflow thai said Xirhut had aoposlled lo their credit . * . * , < )00. ) Seventh E. A. Bigelow & Co. thereupon. , advanced tliuir own money for and on be half of said Xirhnt and drew on the Milll gan Exchange bank for the amount. Eighth Before such draft was presented. and within a day or so of the sending of said telegrams , the Milligan Exchange bank was placed In the bunds of a receiver under the following circumstances. : o-wlt : First , a statulc of Nebraska consll- tutcs the attorney general , the bank com missioner and the state auditor a bank ing commission ; second , said law pro vides that when It appears to said commission thai any slalo bank Is conduct ing its affairs In an unauthorized manner ap plication may bo made to the 'supremo court of the state , and such bank may bu placed in thu hands of a receiver and its assets sequestered ; third , in Iho present instance the action of the bank commissioners was Inspired by Smith and XlrKut for no other reason , ns affiant be- lluves , than lo attempt lo defeat Ihu claim of Bigelow & Co. , for Iho schedule llled in Iho supreme court shows lhal Ihe assets of iho Milllgan Exchange bank were more than enough to satlfy all liabilities , Including the amount hero In dispute. Ninth Bigelow & Co. were requested by Iho receiver of Iho Milllgan Exchange bank lo file wllh him their claim against said bank. Tenlh Affiant avers thai ho filed said claim under protest , and appearing specially In said casu objected to the Jurisdiction of Iho courl for reasons nol hero pertinent. Attorney ( lenornl'i Duty. Eleventh The tillo of Iho cause In Iho supreme court of the stale was Iho slate of Nebraska ex rel Attorney Gen eral vs Smith , and It was the oulclal duly of Mr. George H. Hastings , attorney general of the stale of Nebraska.lo appear for and on behalf of Iho slalo of Ne braska. and ho affected to do so. Twelfth While these mailers wcro pend ing In Iho supreme court affiant avers that hu instituted suit in ihe federal courl against said Smith personally. Thirteenth In the latlcr case an answer was Hied in form and substance as sul forth in thu petition fur an injunction herein , signed Sloan it Carson , "ulloruoys for Smith. " Fourteenth Affiant avers that never in his lifetime does ho remember having mot either of said attorneys and positively avers lhat he never had any conversation with either of said attorneys in reference to the claim of said Bigclow it Co. Fifteenth Before the case in Iho federal courl hau been reached in ils order for trial the attorney general of Nebraska had had n correspondence wi h this affiant re lating to the disposition of the claim in the supreme court ot Iho state au'ainst Iho Milllgan Exchange bank , said attorney general suggesting thai n referee bo appointed by the court to lake evidence respecting said claim and make appropriate findings. Sixteenth To this proposition affiant re sponded In form and substance us sol forth In complainant's bill. namely , lhal ho would consult his associate , Mr. John. L. Webster ; that his only objection would bu thu possibility thai an adverse linding by Iho referee would bo res adjudi- cala , and militate against him in Iho trial of Iho cause againsl Smith individually in Ihu federal courl. Seventeenth Affiant avers that having consulted with his associate he arrived at the opinion that the claim against Iho Milligan Exchange bank pending in Iho supreme court did nol preclude an action against Smith as an individual , and lhal fulling in said courl ho still would bo permitted to litigate Ihe mal- ter In the federal court , so far as Smith was concerned ; thai lie was clearly entitled to a Jury trial , and that any law compelling him to submit a purely legal claim to a referco or to the Judges of n court would bo unconstitutional and would bo so held by Iho federal courl. llikslliiKH' Scliuinii tVorka. Eighteenth Thereupon ho notified the attorney general thai ho would assenl to the appointment of a referee , bul also an nounced lhal If the matter was nol disposed of before the case against Smith was reached In the federal court ho would insist upon n trial there. Nineteenth Amant avers thai with the exception of an ex parte application lo Iho state supreme court for the appointment of a referee nothing whatever had been done In said courl toward the adjudication of said claim when the casu against Smith in the federal court was reached In its regular order for trial. Twentieth At the lat'er time affiant avers thai ho telegraphed for his clients to como from Chicago ; that the next morning a jury was called , ihe casu submitted and a verdict rendered in favor of E. A. Bigelow it Co. and against saul Smith for the sum of $ . -,000. Twenty-first That a few days subsequent lo said trial Attorney Charles Otfutl showed to this utlianl a letter from Attorney Gen eral Hastings to said Offutt in which the claim was made thai I had agreed wllh him ( Hasllngs ) nol lo try the case In the federal courl , bul to llrst Iry Iho claim In the state supreme court , aim Intimated thai afllant had been guilly of "sharp" prae- llco. Said letter further stated ( or perhaps the statemenl was made by Attorney Ortutt ) that the answer of Smith In the federal court was actually prepared by Attorney General Hastings , nnd lhat ho , himself , signed the names of Sloan & Carson to said answer. IliiHUiii ; * to Kxpliiln , Twenty-second Afllant solemnly and | K > S. itlvcly affirms thai ho never at any time agreed wllh the said Attorney General Hustings lo postpone n hearing In the federal court , nor was ho asked to do so by said Hastings , Affiant further afllnns that until the Icttor last'above mentioned was shown to him ho did not know nor did ho have cause to believe that the attorney general was acting ns private counsel [ for Smith , jitid had presumed , ns ho had n right to presume , thai Iho altitude of said ntlorncy general was lhat of a dispassionate , disinterested officer of the state having no private Interest to subservq nnd nn fees to gain whatever might be tne result of the litiga tion. And nfllanty nVcrs that to ascertain moro explicitly whotfor or not the attorney general did occupy.Rtti'h n dual relationship and such an cmilvovnl iwsltlon , ho forth wllh addressed n loiter to said attorney gen eral , n copy ! ou which is hereto attached marked e hlblt "A" nnd made part of this nflUuvlt , nnd that he received n reply t < said letlcr , . \ copy of which Is hereto attached marked exhibit 'B' ' and made part c this uflldavlt. Twenty-third A id afilant desires your honor to observe that said letter so far from ael nowlcding the rolation- ship of attorney ate d client seems rather to Intimate thai no such relationship over existed belw en him and said Smith , and lhat I Is solo concern was to relieve himself of lie responsibility of his lublic office. Tin court will further observe that this letter Is signed n his official ' capacity. And uf- lanl avers that all the letters uldrcssed by afllant to said Hastings were iddrcssed to him as attorney general , nnd ill the letters received from said Hastings wore signed bysaid Hastings us illornoy general. And tifllant respectfully submits that If t hero was any fraud or "sharp" practices or moral obliquity or sins of omlssicn or commission practiced by my attorney , it was rfot by afllani bul by Ihe attorney general of Nebraska. Throw * Olf the .Mimic. Twenty-fourth Afllant further avers that on the "Jd day of November , ISW , Jndg- nent was entered upon the verdict so ns iforesnld obtained ; thai on Iho 28lh of S'ovembcr said Smith by his attorneys , Jharlos Offutt , Sloan it Carson and George [ I. Hastings el ul , llled u motion to c.ct aside udgment and verdict. Twenty-llfth Afllant avers lhal precisely : ho same grounds were urged In Iho affidavits Hod in support of said motion that are now ircscntcd lo your honor in Ihe bill of com plainant. Twenty-sixth Afllant avers that on De cember ! ! four ufllduvlts were llled In sup port of said motion and eleven ex- : iiblts. On December 10 leave to file petition for a new trial was granted lo said Smith , and a petition for such new rial was accordlnirly filed on thai day. That on Iho " 8th day of December covnter affidavit was lilea by this affiant , being his own affidavit , togelher with these exhibits attached thereto. That on the Otb day of January , 1893 , said Smith llled five other afllduvlts , and that on the 1st day of Febru ary the cause was submitted on a motion for now trial and petition for new trial. On the 2d day of February motion for anew now trial was overruled and the petition for a new trial denied by his honor , Jiulgo Diindy , 10 all of which mailers of record afilant makes reference. Arraigning Mr. IlnstlnK * . After reading the lotler of Attorney General Husltngs intimating that ho had been guilty of "sharp prac tice , " the attorney for Blgelow wrote Mr. Hastings n scorching letler , of which Ihe following Is a copy : OMAHA , Nov. 30 , ' 1S02. Hon. GoorRo. II. Hastings , Attorney tienunil , Lincoln , Neb. , Dear Sir : Your favor i.f ( ho UDlli Inst. ri'lut- Inir to the ca.su of Stale vs Milllgan Statu bank duly received. Until Charles OITutt shotted me a letter yes terday from Attorney rilo'in , I liail presumed that yuursolo Interu.st In tills CUM ) WUMOII behalf of the .statu of Nubraskiv and consisted of a reasonable anxiety lu'hnt'e thu bank's nft'ulrs closed up and the rctolver discharged. If-ana matter of fact , you ulRorupresoul tliu Individ ual Interest * of Mr. Hirlth ; not In your olllclal capacity but as his private counsel , you should liiivu S3 Informed me , nnd my action In the federal court would hu\u been somewhat dlll'erent. That Is to say , I should have notified you that I Intended to try thu case In Iho fcireral court If It. was reached for trial before any hearing had been had In thu supreme court. I was under no obligation what ever to the attorneys for Mr. Knilth In thu federal CUHC. .Several days ago Judge Dnndy called this cnsa during my pres ence In the court room and said thai. It must , bu either tried or dismissed forthwith. I told 1dm I would try ll In the morning and ut once telegraphed Mr. Hl < ; olow nt Chicago to como on. Hu arrived piomptly , and the case was tried be fore a jury and judgment rendered In favor of the plaintiffs. Uffult regarded my action as belli ; ; " .sharp" practice so far as you aru concerned , but I confess I am not able to seu It in that light. We llled the Illgclow claim with thu re ceiver In pursuance "of a notice , hut Immediately protested that thu court was without Jurisdiction In thu premises. This question having been raised and de termined advcrselyr the mutter re mained Ktutn quo , and I commenced a suit axalnst Smith in the federal court. You then ftUKxested that a referee bo appointed by the supreme court , and 1 replied that I was only anxious to huvu the casu tried as soon ns possible , and that If the supreme courl would talie aotlon I had as lief submit the Issues to a referee ago In Omaha , A"ou Informed me that you had hud Jud U Ilroady appointed referee , and I .stated that ho was persona grata , but I received lujolllelnl notttlcutlon of his appointment nor any notice when case : nor was II over siiRnestod that I dismiss our action In thu federal court. It appears from the letter Mr. OITutt showed tuu that you prepared thu answer In thu federal court and that , Sloan was only nominally nltornuy of record for the defendant. I repent Hint 1 did not know you wcro the attorney of Mr. Smith. I .should certainly protest ajrnlnst your right to appear In behalf of the state and nUo In behalf of tha bank. Certainly I would never consent to try a casu before u court of which you uro chfuf officer ruiiri'sonttng private Interests. If there Is any sharp practice In the matter I would respectfully suggest that your con cealment of your real Capacity In thocaso most clearly approached It. 1 make this lengthy explanation In hopes that II will ellelt an equally explicit explanation from yourself. Very respectfully , HTM.W/.Vtt'.S .irou/i CllDI * . Shearing Will Cninmcnro Ted ty ut Ctmpiir Scnle of Price * . CASITII , Wyo. , March iiS. [ Special Tele gram to TiinBEK.J Monday night the wool growers decided on paying the following prices for shearing : Backs IS cenls. wethers 10 cents , ewes and lambs B cents , shearers lo board themselves. Shearing will commence tomorrow. The town Ip nllvo with excite ment and niuo gambling games are running full blast. .Times are lively air ) things look as though Casper was in the midst of u boom , ' ' ' Cuttle Thlpvi' BUFFALO , Wyo ; , March 23. [ Special Tele gram lo Tun BEE. ) Sheriff Dovoo and his deputy arrested W. Il iJohnson I tarty , alias Mexican 1'oto.Jted Jack Owens and William Stewart for killing forty-six steers which they sold for beef. j AO ir.ir.Krt iX Trouble at I'luu ltl < lc e.Wlilch thu liiilhiu I'ollco Will Try to Quell. HArm CITY , S. D. , March W. The attempt to arrest thu wounded' Indians , Two Sticks nnd White Facer ! Horse , wanted for killing lloyco and his three com panions at the Pine HIdgo agency beef camp In February , Ins thus far failed. The deputy' marshal who went toNe No \ , 'liter's camp Friday was warned off. loiter Ih'o Indian i > olice sent lo bring In Hie murderers were llred upon. The whole In dian police force will probably bo sent against No Water's camp. The trouble is confined to this camp. Movement * ot Ocuuu Stnamcrft Murrh " 7. At Antwerp. Arrived Ilonuuin.from Now York ; Illino- > , from Philadelphia. At Bromerhavon Arrived Saalo , from New York. - At Queonstown Arrived Majestic , from New York. At Scllly Passed LaUn. from Now York. At New York Arrived Diadem , from Hottcrdam. MANY KIILEDJN BATTLE Tremendous Fighting Marks the Progress of Honduras' ' Kovolution.1 GOVERNMENT TROOPS EASILY DEFEATED lludlm of the Victim * Crriiintrit Where Thpy 1'nll Uriirral * In Command ConiirlliiiK | Tliclr Jion ( 1'lglit to ( ho Death. tS ! > 3l > u Jittnci Hunl'iti Itttmelt. ] PANAMA , Colombia , ( Via Oalvcston , Tex. , ) March S3. ( Hy Mexican Cable to the New York Herald Special to THE line. ] Tre mendous fighting marks the prog ress of the war In Honduras. News has Just boon received of a battle near Tutumbla , which resulted In the defeat of the government troops with a loss of more than 100 men killed on the Hold. Nearly fifty of the revolutionary soldiers were slaughtered and after the battle the bodies uf all the dead men found on the Held were collected in a heap and burned. This battle was foughl several days ago. General Alfonso Vllleta had been sent to the front with a largo body of government troops to Intercept thu march of the revolutionists who were moving against the capital at Tegucigalpa. General Villeta's army reached the vicinity of Tatumbhi at 5 o'clock in the afternoon. That town had been occupied by the troops under General Sierra , who commands the south wing of the revolutionary army. In connection with the east wing of the revolu tionary forces commanded by General Keyna , General Sierra was leading the ad vance on Tegucigalpa. The east wing under General Keynn was four miles In the rear of General Sierra's fotvi'.s. General Vllkti's approach was In the nature of a surprise to the revolutionary commander at Tatumbla. He had stationed a body of cavalry on a height in front of the town on the road to Tegucigalpa , but the cavalrymen appeared to bo unaware of the approach of the enemy until an attack had been made. DogpcriiU'ly Clone righting. The ofllecr in command desperately at tempted to rally his men. They made a brave and determined resistance , but were steadily pushed back towards the town. So closely were they followed that the advance of Villeta's pursuing army approached with in inO yards of the outskirts of the town. One baml of guerillas bravely pushed on in thu pursuit until they were only lifty yards from the town , but were driven back with considerable loss of life by the rein forcements sent forward by General Menu. General Sierra was meanwhile hurriedly preparing to defend his position. Intrench- incuts were rapidly m.ulo and from behind them the revolutionary troops kept the enemy in check while awaiting reinforce ments from General Keyna's division which was stationed four miles away. Keyna's troops were pushed rapidly to the front. Colonel Manuel Hosas with two companies leading the advance. The battle had begun so Into hi the day that firing had been suspended on account of darkness when Colonel Uosas * detachment arrived to relieve the besieged army in Tatumbla. General Villeta's forces fell batik a short distance and waited for the follow ing day to renew the attack. Without aban doning the town General Sierra took posses sion of a most advantageous position on a hill between the government army and Tatumbta , leaving a strong detachment to guard the town and also to prevent an at tack in the rear. Early in the ovonln'g Dr. Policarpo Bonlllu arrived in camp , lie was soon followed by Gdiioiuls Iljyna an 1 Archer , whose forces had now reached a point from which they could render proper assistance in the battle which was expected on the following day. A council of war was held which was at tended by Lr. Bonilln nnd Generals Sierra , Keyna and Archer. Plans for the approach ing buttle were discussed and a Hank move ment * upon General Villcta was decided upon. rrollmlnnry Arrangement * . Five hundred Texlgant braves wcro de tached from the east wing and with General Keyna himself at their head , occuuled a height to the left of the position held by General Villeta's army. The movement was so skillfully and silently executed that the government commander was wholly unaware of it. General Villota renewed his attack upon the revolutionists at daylight. Ills men advanced fearlessly and the battle was soon raging all along the line. General Villcta aimed to take Sierra's position by storm but had not counted upon the movement in his rear for which the revolutionists had prepared. As soon as the attack in front became pen- oral General Keyna and his Texlgant braves opened lire on Villeta's forces in the rear , and this attack was so llerco and sur prising that the government troops were almost demoralized. It was with difllculty that the government troops wore kept In lino. The lire In front and rear on the other hand became warmer each moment. For an hour and a half it raged. The government forces could stand it no longer. General Villeta's ordered a ro- trcat and tried to lead on between the forces which were raining shot and shell upon him. When the retreat begin the demoralisation was completed. Without attempting to preserve their lines and each man apparently ready to act for himself the government troops lied In all directions where they believed no fee was awaiting them. Nnt moio than fifty soldiers of Villctu's army followed him in the retreat. With this small force ho lied toward I-u Moutanata. Small bands Hod in other direc tions hotly pursued by the revolutionists. All 1'rlHoniirn Sliingliterml. They killed as many as they could while -Hcelngnnd when the light was over all who had been captured wore slaughtered. No prisoners wcro retained to bo cared for. Mora than 1K ( ) government soldiers foil In the battle and fully one-half as many revo lutionists were killed. Further dispatches from Honduras say the position of Acting President Aguero is a pitiable one. He is said to bo practically a prisoner in the capltol , and is acting under the orders of General Vusipiez , who is Dr. Bonillu's rival for the control of the republic. Aguoro's letters and telegrams have a mournful tono. Ho is anxious for the restora tion of peace , but has not the power to pre vent farther hostilities. Dr. Bonlllu Is reported to bo also ready to leave off lighting , but declines to do so until he Is assured that Agureo and not Vubijucv. will bo president. General Yascpuci has gone into thu Held to lead the men who favor his causo. Anarchy , terror and despair are rampant In Tegucigalpa. The persons and property of these suspected of sympathising with thu revolution uro not respected. Wives and children of absent revolutionists have been imprisoned and subjected to frightful tor tures. Assaults of the most rewriting charac ter have been committed and even the hulr has been cut from thu heads of women. Attempts have been made to keep stories of tneso outrages from gutting out of Tegu cigalpa , where a rigid censorship on the tolo- gr.iph wires and mails Is maintained , but they have not been able to keep them wholly secret. Persons who are acquainted with Acting President Aguoro s-iy iio would not even tolerate siichTJtra es If ho had power to prevent them and they are convinced ho has not authorized them. Vascjuez Is held responsible for the atrocities. Kehel * Murclilni : lo Victory. Since his victory nt Tatumbla General Sierra has advanced closer to Teguci galpa. Dr. Bonlllu Is with him. General Sierra has 500 well drilled men under his command. Generals Keyna and Archer have Under them. 250 men armed with rifles and 400 men more who bear machetes. 'I his makes a combined lighting force of nearly 1,200 men at Tegucigalpa and ready to advance upon the capital. General Man uel Dorllla has laken possession of Olanco. Ho has 400 men In his commands. General Fomo Is stationed In Corpus , but his force numbers only 1UO. Colonel Miguel Podllln is threatening Intllmca. This Is the present position of the revolutionary lorces. It shows them to bo strong , and their chances of success are by no means small. President IC/.etu of San Salvador has assured Dr. Honllla that ho will take no part In the trouble. Dr. Honllla sent a telegram to President Kzeta explaining of the situation and re questing him to remain neutral. President Kzt'ta made a courteous reply. He said ho would follow the policy heretofore ) estab lished by his government and would not In terfere in the troubles of sister republics In Central America. Probably the real rcuson for Kzeta's attitude is the fact that ho has his hands full nrescrviiig order at home. Oo.illiig ( Ki-urniirKC. . KisnsTox. Jamaica ( via Galveston. Tex. , ) , March US. [ Ilv Mexican Cable to the Now York Herald-Special to THIS UKI : . | The United States mau-of-war Kenrsnrgo arrived here last night from Santo Domingo. The ortlccrs of the Kearsargo report that every thing Is ( [ ulet on the Island. There is no truth In the report that French troops have lauded at Santo Douilnco. President llcndaux. It Is reported , received a shipment of arms from the United States on March 25. It Is believed that the arms will he usi'd in aiding the Haytlan revolutionists in their attempt to overthrow President Hippolyto. The Kearsargo is coaling hero and will return to Port-Au-Priueo tomorrow. IN UIO C.KANDi ; IX ) Sl'l , . Revolutionists and National Troop * Hotly KngitKi'd In ixtrriiilimtlng : 1'arli Other. [ O > ) > [ / > 'J.'iffd ISOJ tin Jitmen Gttnlnn llcnnrll. ] VAI.I'AUAISO , Chill , ( via G ilvostou. Tex. ) , March -S. | By Mexican Cable to the Now York Herald Special to TUB HER. ] The Herald's correspnndPbt In the city of Klo Grande do Sul telegraphs that the refugees who arrived from Bogo tell stories of hard lighting between the government troops and the revolutionists under general Tavarez who are besieging th.it stronghold. The siege has been going on since March 21 , but neither side has gained an advantage. Those refugees say that Colonel Malta , com manding a detachment of the national army sent from Klo do .Janeiro , surprised and butchered 108 revolutionists no.ir Klo Negro. General Saraiva , who has commaud.of troops in that section , attacked Colonel Malta. The revolutionists wore driven back after a hard tight , but Colonel Malta is reported to have been killed. Tin-so reports are only partly confirmed by Iho Herald's correspondent in Kivicr. Ho telegraphs that Genuroj Tuvare/ has made no declsivo movement against Hogc. Ho is awaiting the arrival of arms and ivinforco- mcnls and will make no movement until they reach hero. General Tolles , however , who U at .the head of Iho main body of troops sent from Klo do Janeiro to quell the revolution is marching toward llo. o to en gage Tavarez in bailie. Tavarc/ may hasten his movement against Bore in order to for tify it for resisting Tulles. The maivh of Telles'lias been attended with diftlenlties. Bands of guerrilas aim mounted infantry at tack his Hank and Ihcii lieu into the hills. They are giving the government troops a great deal of trouble. The Herald's correspondent in Buenos Ayres telegraphs that no news concerning the disposition of the boundary treaty can bo learned. College students started a row in that city last nlglit , bul ihe trouble was stopped by Iho police. A method has been discovered to Uruguay to prevent phylloxera. Herald Is planted In the vineyards and has proved quite effective , especially in iho vicinity of Melo. The Pa- cille Navigation company has announced a reduction of passenger rates to Panama. This will be maintained during Ihu exposi tion In Chicago. Excitement was caused in Valparaiso today by the report thai steamer Flamstocd had been wrecked on Iho coast near Valdivlaz and lhal ono passenger hud been drowned. II was learned , however , lhat the steamer had merely gone on a sand bar. A steamer had gene to help her oil and bring her Into port. Gallic Notes. The Canadian fishery cruiser Constance has been hurried out of winter quarters for actlvo service. The full crow was shipped Monday and she has taken In a full supply uf provis ions and ammunition. Hon. Jose Ives Mmunfour , secretary of the treasury of Mexico Is at present engaged in uroparlng a number of Important reforms In the customs Mirrlcc of Mexico and thu tariff will bo simplified at an early data. M. Andrlcux. ex-prefect of police of I'arls was yesterday before thu I'arlltimuntary com mission of Imiulry In the Panama case to tes tify concerning tho- mysterious "X , " who re ceived GOOOliU francs from the Panama cor ruption fund , lie repeated his statement that "X" was neither a conspicuous diplomat nor a member of thu C.arnot family. Otto Hramlos , I'arls correspondent of the Berliner Volksblatt , who was ordered from the country on suspicion of having been the iiuthor of nn urtlelo churirlng Krnust Carnol with receiving I'.inarna money , yesterday morning gave notice thai ho wouldstnrt for Oi'rmuiiy at once. Shortly afterwards Mr. llrandes daughters loft the house to meet their parents In the city. The young women worn surrounded by a crowd of men and boys , mid , buforo they could gut to the train , we're struck repeatedly with slicks and lumps of ditt. IHSATIl ( If A < l.tl.l..l.\S NOI.lHEIl. ( Jcnerul K. Klrby Smith I'IIHSCK Otilntly A way at SIIWUIIPC , Trim. SRWANRI : , Ter.n. , March 'i ? . General E. Ifirby Smith , profussorof mathematics in the University of the South since IS" ) , died hero this afternoon. For two years his health has been declining. Two weeks ago he was taken ill in Now Orleans and congestion ot the lunss , which followed , carried him off , Once or iwico during temporary periods of scmi-consdousness of the past two days his mind wandered ihrough past scenes , and ho ordered batteries to como up. Karl.v this morning hu became totally unconaei.i'is. ' His end was very peaceful. His wife an.l six of the members of his family were wi'.h him. ( ienerul Smith was born In St. Angullnc. . Kla. , March I'i , 1821. with him closes thellsl of full nem-ralson both side- , during tin- lain war. lie cume from an Uliuti'lniH family of soldiers ho participated with distinction In every wur waxed In this country slncu ih old I'leneli war. Ills grandfather served both against thu I'rcnch and the IlrllNh. being a major In the revolutionary w.ir. Ills fattier was colonel In thu wur of 1 1'J. and afterward United Htutu.s jndxo of the superior court of Klurlda. Ills elder brother wts ; killed In Ihu Mexican war and ( icnei-.il Smith himself was twlcu brnvulwl for gallantry survtru In the same war. Ills record during thu civil war Is well known. Thu funurat will bo held on I'rlday. o \Voinini Ailmttteil to the Legion ot llini'ir , CKIUH FALLS , In. . March 23. { Special Telegram to Tin : Ben.Tho ) grand lodgu of the lawa Legion of Honor hngan hcru this morning , 170 delegates being present. Presi dent 13. It. Hutchlns of DCS Moines delivered the biennial address , which showed Iho order in splendid condition , with (1'JDO ( mem bers and jl 0.090 In Iho treasury. After a dubato a resolution was adopted admitting women to the order. The next meeting will be held at Marslmlltown. - No Couiititiilioiml Convention fur Illlnoli , SrniNoi'iUM ) , 111. , March 23. In iho house a joint resolution to submit to a vote of the people a proposition to call a constitutional convention came up as a special order. After a long political discussion the vote resulted TJ to 00. Thure not b il ng the necessary two thirds majority , itr s defeated. .ilftnn Acnln Swept by I'lro. CUKSTON , la. , March 28. [ Special Tele gram to TUB BBK.J The business portion of Alton caught tire last evening and half a block of business buildings was destroyed. Most of the stocks were lost. This is Iho second 11 ro within a month , both In the busl- ncaj part of the town. AHEAD OF ALL ELSE Bill for the Relief of Hitohcook Passed by the House Yesterday , GREAT REJOICING AMONG THE GANG Howgag ; Sounded and Tomtom BoiUm bj the An.ti-Rosow.Uar Impsaohablos. PRESSING FOR THE ADDITIONAL JUDGE Governor Orounso's First Veto to Bo Tested in the Supreme Court. ADVISORY COMMITTEE HARtf AT WORK AtlornejH Wlm U'ere Kinployml to Look Into the Cell Home i\ldenro : Itrmly to Cuimilt CoiH'rrnliiK Their lie- port to iho l.ej-ltliture. ; t.x , Nob. , Marcii 2S. [ Special Tele gram to Tin : lir.u. ] The dervishes had nil excuse for jubilating this afternoon , when house roll 2'M u.issud the lower house , anil they availed themselves of It with avidity. As soon as the result of the vote was an nounced and they were pjsltlvu that the nnti-Kosowater measure had actually passed there was n wild break for the corridor. The penltentl.iry gam ; , the railroad con tingent and the fnci.ds of thu impeachiihlc.t Joined with all the other autl-KosowaU'ritra and Indulged in the wildest demonstrations of Joy. They danced the cancan and exe cuted hornpipes , slapping c ich other on the back and skaking each otlmr's hands. It was the llrst spasm of joy tint the un holy plotters niul plunderers of the com- ilned forces had known since the day of Sheridan's assault and Iho nosegay episode , and they made Iho mou of II. ll was to bo expected thai the suspects among the indu- lendciits would vote for the bill , because .hey have a standing grievance against TUB iir.i : , but thu str.in o p irt of It was that some of Iho members allowed themselves to jo Imposed upon. Sliiiinsor Its Supporter * . They wcro hold up by all the revengful Kilnots who wanted w get a whack at { osewatcr , and were made to believe Ihut unless they came to time and voted for the bill such measures as they wcro supporting would be knocked out whenever the time came to got it them. Casper voic > > 1 Ilia actual situation , and ho sild : in answer to iho statements of Kynerand Ames tinil if iho bill was rccom- nlnttcd It wouldiiiovur I.1 heard from in the senate , thai there need be r.j fear of that , is Ko'jowator's enemies In the upper house ; would slt , up every night , in the week to got a chiiuco to jab the harpoon Into Kosownter. Ho said lhal Ihe talk about Ihu advertis ing in Douglas comity beluga monoi > ely such us other counties knew nothing about was all rat , us thu situation was the same as in every county in thu st.uu. and the bill simply , iiroposed to make a double headed monopoly instead of a singlu one. . Hu declared him self as unqualltleJly o ; > pas d to It , and BO voted , as did in my others who saw through ilio sham pretense lhal was used as a cloak by Iho sere he.idud colorlo lhal was scoldus a kilo personal .satisfaction In Iho way ot revenues. How the Doctor Gained I1U Knil. The oulcomo was Iho result of the speak easy policy pursued by \Vorld-IIorald and the slobber that Ins been so plentifully bestowed on a few bidding statesmen whoso only evidences of ability have been In lha . columns of gush ladcled out by that paper. Thu perpetual su.trch of Iho World-Herald , lobbyists has been for trades of any and all kinds lhal would se jure a vote for Iho bill. Grievous shortcomings on ovcry hand have been winked at In order to curry favor with the corruptiouist. The Impeachment pro ceedings were discouraged in order to secure the assistance of the boodlu gang , and an honest position on any and all questions was thrown to the winds in the reckless barter for votes. The motives of upright members of iho house were impugned because they look an advcrsu position on this bill and on every hanu honesty and uprightness wcro lost sight of by the revengeful horde In the effort to crowd through thUuvideuceof their spleen. It is now to bo cxpuciod lhat the same course will be pursued with reference to the senators , and Iho lluulcnanl governor will probably hu lauded to Ihu skies us Iho llrst. among Ihu many of myriad virtues that will all at once bo discovered to exist In ttio up per house of Iho legislature. Inside of fifteen minutes after iho bill had passed It was sent galloping down the long corridor to the senate chamber , but It WIIB cited that the upp-r house did not declare a holiday in honor of Its arrival. tin Is Aftnr That Additional Jmlgc. Attorney K. A. Moore of Kearney is In the city tonight and oxp.vts to take a hand hi 'legislative matters in ilu morning. It will bo remembered tlyit the governor vetoed the bill croatlng another judgu In the Twelfth judicial district , comprising the counties of Buffalo. Cuslcr , Sherman ami Dawsou. It If. with icferuiicu lo this mailer lhal Mr. Moore will move In the morning , as hu proposes lo mandamus iho governor lo compel him to appoint a judge in accordance with the provisions of Iho bill. The ground on whleh ho will do this Is : i special provision In the slate constitution of 1ST5. The constitution provides that a bill must receive a threu-llfths vote of both houses to pass It over the governor's veto. Seclhn 11 of arllclo vi of the constitution provides that it requires a two-ihlrds votnof the members ducted to each house to in crease iho number of Judges , in ihls case iho bill' received several more than the necessary two-thirds , ll Is hold by Moore , Int'smuch as iho iwo-thirds necessary to. pass thu bill Is moro than the llireo-llfths necessary to pass a bill ovur a veto , the vote docs not count , and that as iho bill contained an emergency clanso il beiiamu a law Im mediately after Its pu&sagu. In support of his | > GslUoii ho clles a casa decided by Iho suprmno court of Mlchlsrun. in which Ihu same polnl was involved anil the court held thai thu position thus taken was sound , Tno governor , altornpy general and the supreme court have slgnltlud their- willingness lo lake up the matter at once , . aim the brief will bo Hied in the morning , HUH Itcml thu Kvlitenctt. The advisory committee appointed to read the evidence In iho uoll house invesiigalloii and report lo iho house on Ihe advislblllly op instituting imi > uachmunt proceedings lin- hhcd the reading of ihe great amount of tlii > testimony tonight , and uill meet in the morning for a cons.iltaliori as the propei- course to pursue , ll Is expected Unit the committee will bo able to submit its report to tnu scnatu tomorrow afternoon. In addition to the reading of the evidence , the various exhibits attached lo the report were explained by thu expert * , and the meaning of the lengthy array of llgurcs was made perfectly plain to the attorneys who havn been sitting on the case. It is the prevailing opinion that there will cither be a unanimous report In favor of pro ceeding with Impeachment , or a majority and minority report. It u reported thttt