Nebraska Newspapers

    THE OMAHA DAILY BEEi TIIIHIS&AY , MAY 25 , 18n3-'l'WEIArK TARES.
USEIS SUBMITTED
[ COXTISUKI ) FltOM FIUST
nnd the t > 00 mod both sums
of money for phllanthroplo purposes , with
10 vicious Intention. The expenditures re-
atcd to thcso penal Institutions , and now
licso noblo-hcartcd gentlemen nro mot with
.heso charges of Impeachment. In the mat
er of the asylum it is not charged that
these respondents noted corruptly , but that
they did nnt carefully compare the vouchers.
"In the beginning of the trial thcso nttor-
taoys for the managers gave us to under
stand that they would bring the knowledge
bf the real nnd Hour frauds homo to the re
spondents , but have they done thlsl Wo
think not , only by nn Inference that the re-
upondcnls should have had the knowledge.
"Tho constitution of the state In defining
nn linncachabln olTctno says that It may bo
for the commission of a misdemeanor ; the
fulo of construction would bo misbehavior In
onico. This can bo made perfectly clear by
examining HlllotfH Debates touching upon
the fr.unlngof the federal constitution.
" 1 have not heard the attorneys for the
managers argue that ncgllgenco In onico Is
nn Impcachabln misdemeanor , though I have
anxiously listened , expecting them to raise
the point. No act can become an Impeach-
nblo offense unless it carry with it n crnn-
inal intent , nnd It proven beyond n reason
able doubt. This is nn important point , for
it must bo applied when wo consider the
proposition of the board Imvlnghlrod Dorgan
to construct the cell house. The intent must
bo proved ns alleged. "
Ills Cloilnc KrTorl.
* Mr. Webster commenced the second nnd
last hour of his argument by citing n great
deal of law bearing upon the subject of Im
peachment. Leaving the authorities and
point ? into the talk upon legal lore , Mr.
Webster urged that negligence could novcr
bo hold as nn Impeachable offcnso.
"Tho violation of a law must bo done will
fully , knowingly and corruptly , " said the
Omaha lawyer. "One does not impeach for
Incompotcncy and more laxity , as wo do not
use atcnm hammers to crack nuts ; if there is
hot a violation of n criminal law thcro must
be somu improper motives. Are the founda
tions of the state to bo rent asunder
because the Whitobreast Coal company sold
coal , which was never delivered ? Is the
state in danger of being ruined if those
gentlemen continue .In oftlso during the
pcrioa , for which they wcro elected by the
people ! No. I think not. The question of
the Intent must bo proven , and any thing else
will amount to nn acquittal. Sometimes the
excitement of the house leads to tiio im
peachment of publlo officials , which society
in nftcr years repudiates.
"Tho members of this court will remember
the Incident of George Washington nt Valley
Forgo. This court will remember that whllo
ho lay there with his troops , without arms ,
without clothing , and without food ,
thcro wcro men in the Continental Con
gress that wcro ready to a.sk to have him
removed for incompctenoy and neglect of
duty. This court will wmcnibcr that it is
recorded historically that a committee was
appointed to sec whether ho should not bo
removed from a rcsponsiblo trust. To go
further , when the tlmo came when it was
proposed in the congress to appropriate
$2,000 for a bust to the memory of Chief Jus
tice Taney , great senators arose in their
places nnd charged him with all sorts of
heinous offenses. Why , it was said in that
case by Charles Simmer that when the
name of Tunoy would bo handed down
on the pagss of history the people of an
emancipated country would 11.x upon hi ?
name the stigma ho deserved ; ho had ad
ministered Justice scandalously , hail de
graded the judiciary and had disgraced the
ago. Senator Wilson denounced the Dred
Ecptt decision as the greatest crluio In the
judicial annals of the country aud declared
it to bo the abhorrence and scoff and jeer
bf the patriotic hearts of America. Senator
Halo of Now Hampshire in opposition said
monument to Tmioy would give a lie to
all that has been said by tho" friends
of justice , liberty and down trodden
humanity. Then the sterling Ben Wade
of Ohio arose in his place and declared that
the pcoplo of his state would rather give
$2,000 to burnChlof _ Justice Taney Jn eflljjy
' "
than t'o" erect u monument to h Is "memory.
Prophecy of Jolmsou and Truintiull.
Then came the calm thinking * judgment
of the great senator , Koverdy Johnson ,
who said to the great senator from
Massachusetts that ho would bo happ.v
if his name will stand ns nigh upon the
historic page as that of the learned judge
Who is now no moro. Then came .Lyman
JTrumbull who said , 'Ho has added to the
reputation of the judiciary of the United
States throughout the world ; suppose ho did
make a wrong decision ; no ono is infalllulo ;
ho was a great , learned and able judge. '
Mark , your honors , what Lyman Trumbull
said came to bu truo. Nine years afterward
Salmon Chase lay dead. Ho hud been
the chief Justice of the United States ;
the time c.tmu to put a monument
to his memory , on the pedestals that dec
orate the supreme court room of the United
States. Then the great concourse of sena
tors and nil without a single dissenting voice
united their publlo sentiment that Chief
Justice Taney was entitled to that menu
ment. Time has revolutionized publlo sen
timent. No matter if ho did make a mis
take : no matter if ho had rendered a wrong
decision ; all thincs considered , no was a
great lawyer and .1 great judge.
In the Cats of Old Jt' | > Thomna.
F-
I * " "Dowr a little Inter nnd 1 will refer to but
I ? one moro. Most pcoplo about this court
room will remember that on thu dark days
of the rebellion when Thomas was at Nash
ville , when ho had been in camp about that
city month after month : the country became
impatient ; the rebel hosts wcro gathered
nbout , and danger scorned imminent , oven
sturdy old General Grant became impatient ;
ho hud issued an order to General
Lugan to proceed to relieve Gen
eral Thomas from command on the charge
of inactivity and neglect of duty. General
Logan prococdca as far as Cincinnati. Ho
felt Thomas was being wronged ; ho slopped
thc'ro over night ; ho gathered information
that General Thomas was exerting every
power ho hud to gal ready to assail the
enemy. Ho telegraphed baotc to Grant : 'I
am unwell ; can't I wait a day or two. '
Grant answered : 'Yes. ' Logan went
to the hotel nnd wont to
bed to wait for Thomas to got
ready for his movements. Lo und behold !
Within two days Thomas had achieved thnt
great victory which went thrilling through
the hearts of the whole country and echoed
through thu mountains of Tennessee and the
southern confederacy became shattered into
pieces.
. Ohjoct ut Ills Arcumnnt.
"Timo right * wrongs ; tlmo demonstrates
thnt people uro not mistaken , Wo have no
right to fathom the mind or the kuowlodco
or judgment of another. Wo have to
weigh the conduct of our fellow man by n
higher standard than that. I stand bore
drawing near n conclusion of what I have to
say , pleading for theao men , not because I
think they have been guilty of any neg
lect of duty. I do not uppcal for
them upon the proposition that I think
that they have uccu guilty of any mis
conduct. . Hut I am standing here ,
nrgulng this case upon the broad proposition
that this court , now for the first tlmo in the
history of the world , has to establish by
words which come from a judicial tribunal
not from a political senate what it is that
shall constitute nn impeachable misde
meanor. U shall then go down through the
country as a precedent to which nil lawyers
und judges that bhall come nftcr us may
refer.
"Thrso pcoplo whom I represent have
been ulectetl to this trust , after it beiMiue
known to thu people at largo substantially
all that has been auid hero. I said during
the eourbu of the admission of evidence that
1 should undertake to show that tholr
re-election to otllco after this publlo
disclosure , acted as It were as a condonation
pf. tholr wrongs if they had committed nny ,
TJut us I watch the hands of the clock I am
admonished that I have not the time to do
it , but great men have spoken UIK > II that
question , and great men have expressed the
opinion which I have expressed , and if I had
the time I should deliver it to the court now ,
but I forego that. I
liulits ItVa Vmdlnatton.
' The fact , however , that is patent to the
minds of every listener is , that it is consid
ered a great honor when the pcoplo of the
ntato having lived for two years under the
Administration of a public onicer to re-elect
him for a second term to Jill that oflleo ; It
is considered an endorsement of his career
nd of his official conduct. Yet n witness
who spoke upon the question , sijs that
what ho know on this question was pro-
Koviug the respondents from onico , and dis-
claimed In the thcntcr And published In the
newspapers ; two of I horn were admitted in
evidence and I would refer to ono of thorn if
It wore not thnt when I como to look
about 1 ADO the editor of the other
nnd might crcato n rivalry about
which of them has the largest
circulation through ! the state. I will grant
it to both that both had told It to every
body , everybody had heard of it , republi
cans , democrats nnd Independents
marU. your honors , when they came back to
that election these men were rcoloctcd to
this onico.
"Tho people said : 'Nothwithstanding nil
you proclaimed Irom your the.itro. Mr.
Ho wick ; notwithstanding nil the publlo
press has said about thcso men if there h
any wrong about , wo do not bcllovo it ; if
there Is any wrong wo condone it. Wo en
dorse your conduct nnd wo put you back in
thcso public places. '
"Tbo question now comes to the court
simply : Is it not time to pause before the
court shall undertake to remove them from
that trust to which they have been elected ?
You have the i > ewer to remove but you have
not the power to re-elect.
Would I.rnvn Thorn AVItliout Hupp.
"With" ono thought more I am
done with my remarks. I cannot
qulto close this discussion without thinking
just for a moment of the sere nllllotion to bo
given to thcso people if they should suffer
under the b.in of a conviction. It Is not n
simple punishment ; it Is not n simple re
moval from onico that I speak altout. That
of Itself may bo unimportant , but your
honors should remember another thing that
in the history of a human life , there is little
about it that Is of value when you strip
it from ambition. The child thinks
of It when it is but able to valk. No peda
gogue over taught a common school but ho
undertook to tell the smallest child , 'The
pathway of fnmo Is open to you In this great
free country of ours.1 Ambition hns
a wldo siopo ; it Is the great promptIng -
Ing machinery thnt stands back of
man , tnat leads him forward to education , to
power and to place ; the Incentive that makes
him n man instead of n mere machine.
When by the judgment of the court
you stamp out the right to exercise
the thought of fa mo , ambition nnd hope ,
you blast the character Just as much ns
Dante when standing nt the gates of hell
would tinvo wiped out the last word printed
by God on the face of man , 'Hope. ' You
might Just as well bury him in the sen , which
Is described ns the inexorable night into
which the criminal laws of our couniry cast
its victims. As there are birds in the clouds ,
so thcro are angels of distress. And to such
sentiments do 1 appeal in behalf of thcso
people for justice and charity , nothing more
and nothing less ,
Mr. LauibflrUon Closet the disc.
Hardly had Mr. Webster concluded his
effort when Mr. Lambortson commenced
the last of the arguments for the state. For
two hours ho stood before tnu court , speak
ing substantially as follows :
"Tho occasion that assembles together the
three co-ordinate branches of government Is
full of interest. The conduct of the execu
tive branch is challenged by the legislative ,
bo fora the Judiciary , 'it was the coast of
the fathers of the republic that the powers
and responsibilities of government wcro so
distributed nud divided by the Federal con
stitution that each department became
check and balance upon the others. The
executive , by veto , chocks the legislature ;
the legislature , by impeachment , checks the
executive nnd Judiciary , while the latter , by
its .solemn judgments , has the llnal
chock upon the legislative and executive de
partments. The legislative branch is here
seeking to put a check upon the alleged mis
conduct of three of the executive ofllcers of
the state. The trial is unique. In the state
of New York thu court of appeals has sat
with the senate as a court , of Impeachment ,
but this is the Hrst time in the history of the
republic when the supreme Judges of the
state have sat alone as a court of impeach
ment. Whether this hitherto untried ven
ture , which the framers of the federal con
stitution discussed and discarded , will com
mend Itself to the pcoplo of I today can bettor
bo discerned when the judgment in this case
is entered.
"Tho manifest object In confiding to the
court jurisdiction of impeachment cases waste
to remove them from the domain of factional
strife and animosities- from the-arena of
partisan influences nnd prejudices. The
framers of our constitution doubtless in
dulged the hope that no ofllcer would bo sac
rlllccd to partisan hate or escape through
party favor.
"As the respondents stand before a court ,
each member of which is proud to bear a
loyal allegiance to the party to which re
spondents belong , they have as little danger
to fear that they will become the victims of
popular clamor us they have to hope that
they will bo the bcneilciaries of party favor.
Kfluct * of Conviction.
"It is easy to magnify the proceeding and
talk about Its far-reaching importance to
the state and the serious consequences to
the respondents. Whllo I do not underrate
this trial , its stimulus to the performance
of publio duty , and it ; effect upon thcso onl-
ecrs , yet the obloquy is not comparable to
thnt resulting from a trial upon Indictment
nnd conviction for a felony or infamous
offense. The judgment cannot extend be
yond removal from oflleo nnd future disqual-
illcation. There is no deprivation of life ,
liberty or property such as may follow con
victions In the courts. The right to hold
onico is simply curtailed in the present , pos
sibly in the futuro. Counsel for respondents
have Dot-rowed these high-sounding tcrius
and sonorous periods that irero aptly ap
plied to impeachment proceedings a
hundred years ago or moro , when capital
punishment might bo inflicted , property con-
liscatcd , mid blood attainted. Such lan
guage Is exceedingly inait In its application
to Impeachment trials of the present day ,
which may no dolhied ns a proceeding to romeo -
mo-o nn unfaithful , corrupt , or incompetent
onicer. Heuco courts have no occasion to
feel timid because of the awful consc
qucnccs that may attach to defendants If
found guilty. The people frequently declare
nt the polls their total want of confidence in
the lUness nnd competency of nn onicer
seeking re-election , and but little is thought
of it.
Illocki In the State's \Viiy.
"Tho managers of this Impeachmcn
labor under dlfllctiltles with regard ti
evidence that can scarcely occur In any
other prosecution. * * * But uro then
no witnesses , unprojudicca spectators o
these enormities , ready to come forward
from the simple love of justice , and to giv
I a faithful narrative of the transactions thu
' passed under their eyes ? No , thcro ar
none , The witnesses whom wo have been
compelled to summon arc , for the most part ,
the emissaries and agents employed and in
volved in these transactions , the wily ac
complices of the prisoner's guilt , and the
supple Instruments of his oppression. Dut
nro thcro collected no written documents or
authentic papers containing n true and per
fect account of his crimes { No , there are
none. The only papers wo have procured
nro written by thu party himself , or theaters
particip ators hi his proceedings , who
studied , ns it was tholr interest , though
contrary to their duty , to conceal the
criminality of tholr conduct , and , cense
quently , to disguise the truth.
"Wo have labored under the inconvenience
of calling witnesses who are friendly to , nnd
whose interests Ho with , the accused. Wo
were compelled to cull Mr. W. H. Dorgan ,
who was reluctant to glvo evidence against
the respondents because ho would bo accus
ing himself , Mr. Hopkins , the superintend
ent who succeeded , feels favorable to the
respondents , and was an unwilling witness
for the state. Wo were unable to get the
testimony of John Dorgan or the White-
breast Coal company , or of Gorhunt Notts , or
to procure the books of Hetts , Weaver &Co , ,
because these witnesses ami these docu
ments might incriminate either Dorgan or
Belts.
" \Vooxamlnod Mr. Atwood , who sold the
stone to the penitentiary ut an exorbitant
price , and he hesitated to disclose anything
that would reflect upon thu linn of S. H , Atwood -
wood A ; Co. The same is true of other wit
nesses , but notwithstanding thu dlftk-ultlea
which wo have encountered we fool justified
in asserting that the ease presented H umplo
to justify the judgment of this court in ro-
quallfylng them from holding any onico of
trust aud emolument in the future.
.4p | > olutui ut.
"Tho court will take judicial notice of who
Mr , Dorgan Is. lie is in politics for ruvcnua
only , He wan Mosher's mun Friday , and
was always loyal to his employer. Ho was
nn all-round man for thu prison cotUractqr.
As the wana/erof the prison contract it was
Ills principal business to lease the con *
vlcts in the penitentiary for the highest
prico. Thu relation of Dorgan to Moaner ,
the prison contractor , was woil known to
tbo board. Nevertheless the board cm-
nloyed and paid him to act for the stale In
building the cull house. Dorgan , as uiau-
nger for Moshof , sold the stnto convict
labor , whllo ns agent for the state ho bought
convict labor , As agent for the stnto ho
paid for thU labor , nnd nn agent for Mother
ho received It , An agent for Iho state It was
111 * duty to procure this Inbor nt the lowest
price ; as agent of Mosher It was his inter-
cat to get for it the highest price , Dorgnn
simply took money out of one hand and put
it into the other. Thcro could bo but ono
result. The stnto was sure to got the worst
of It. 'No servant can servo two masters ,
for cither ho will hate the ono nnd love the
other , or else ho will hold to the ono nnd do *
splso the other. Yo cannot serve God nnd
mammon. ' If Dorgan had attempted to bo
true to both the stnto nnd Mosher , ho would
have found himself between the novll nnd
the deep sea. It Is needless to say where
Dorgnn would hnvo gone in that event.
"Thcso respondents hero , knowing that
fact , not only employed Dorgan while ho
was acting as ngont of Mosher , but con
tinued him after ho became the contractor
himself. So that Dorgan bought labor of
himself , sold it to himself nnd was permitted
to pay himself. After the board had appointed
Dorgan ns its agent to dent with himself ,
all ciso followed without slmmo nnd without
remorse. Having performed that Indecency ,
wo need not bo surprised nt the result. To
what extreme lengths respondents were
ready to go Is shown by their retention of
Dorgan for half a month ns superintendent
for the stnto nftcr ho became the contractor
from whom the state was to lease Us labor.
This crowning net of defiance to nil scnso of
propriety nnd duty proves thnt thcso ottlccrs
nud become wholly dlsrcgnrdful of the
state's best Interests.
I'rlco 1'uld for Labor ,
"It appears thnt no ono over paid for con
vict labor moro than 40 cents per day on
work like this. That was the ruling price.
The state paid $1 per day on a contract thnt
was to run for n year nnd a half. It paid
that sum whether the convicts were sick or
well ; whether they worked or not. The
total amount paid for day labor was about
$12- ! K.251 ) for 12'JOO days , almost forty years
for ono man , working six days in a week.
The total payments to Dorgan and Hopkins
exclusive of materials and free labor , oto. ,
arc as follows :
Total amount of money paid Dorcan
by the boards ; $32,100 00
Total paid by Dorgan loltoplilns. . . . 0,331 10
Ilaluncu expended by Dorgnn U5.7G8 85
Amount paid prison labor by lor-
gali ; 0,004 CO
Amount paid prison labor by Hop
kins 3,232 76
Total amount paid for prison labor , . J1'J,20G 25
Amount pnld prison teams , DorKiui , . 173 00
Amount tmld prison teams , Hopkins 105 00
Salary paid iorgnn..i ) , 0'-3 00
Salary paid Hopkins 1,110 00
Total amount paid Dorgun nnd Hop
kins . . . $14,259 25
"Tho whole blame rests upon the boardj in
employing Dorgan. If some man had been
employed who was as eager to protect the
state as Dorgan was to protect Mosher , do
you behovo that $1 per day would have been
paid for labor ; that the contractor would
have been paid.when his men were idle or
sick ; that the material would , have been di
verted to other purposes ; that two prices
would have been paid for stone ; thnt all the
purchases would have been made without in
quiry and without inviting bids ; tha lull
moneys would have been paid in ndvatKu !
Homo Itonmrknblo Features. [
"It is a little remarkable that there were
no plans ; that there wns no advertisement
for bids. Dorgau , without Inquiry , closed
with the 11 rat man ho talked wltu about
stone. Without inquiry of any one ns to the
price of stone , ho agreed to buy it all of S.
H. Atwood & Co. If proposals had been
asked for Dorgan could have bought the
stone as cheaply as Atwood did.
' If Dorgan is to bo believed , ho was the
most complete Ignoramus that over superin
tended the erection of a building. Ho , was
so ignorant about the different kinds of stone
and their prices that ho must have gradu
ated at u college of ignorance with the high
est honors.
"When we consider that the state pays 40
cents per day for boarding , lodging and
the keeping of the prisoners , SI per uav is
equal to almost $2 per day paid for citizen
labor. This is especially true , us 'they can
do but little more than half the work in u
drty that a fretf-'man performs. In view of
the relations f\t \ the , state to tllio , prisoners ,
if any one was to got tbo labor oC cm Viet s
cheap it should bo the stato.
' If any one performs labor for the s'atj or
furnishes supplies the rule is to get the
labor done and supplies furnished before
payment. If the labor performed or ma
terial supplied is not up to the contract
then payment is refused or a deduction
made. This is the only safe rule , and nil
private businesses , with few exceptions , ob
serve this rulo. But Dorgan came within
the exception , Ho was paid in advance ; ho
was given warrants drawing interest almost
before any work was done. He was paid on
estimates that meant nothing and were in
tended to mean nothing. They simply offered
a pretext on which to pay money.
I "How long could a manager of a railroad
company hold his place if ho entered into
a contract with a contractor to build ten
miles of road , then appointed tbo foreman of
the contractor to IOOK after the Interests of
the road and pa'd ' him in advance. Sucli
conduct puts a premium upon rascality. The
board must know in advance thnt the statn
wilt pay the hlchcst price for supplies and
labor. After Dorgan's appointment it was
easy to predict that Dorgan would buy labor
at the highest price.
Spent the Money In Advance.
"To show how slender a pretext there waste
to justify this expenditure , I call the atten
tion of the court to the vouchers and esti
mates , viz : These vouchers and estimates
glvo no idea of expenditures made or to bo
made. They contain no data whatever upon
which to base an Intelligent judgment. It is
impossible to tell whether the vouchers
and estimates cover n past or n
proposed expenditure. Mr , Dorgan says
they are in the nature of n fulso token , used
to entice money from the treasury. That
the warrants wcro drawn In advance of ox-
pcndktircs appears from the fact that at
the tlmo Dorcun mallo bis first report show
ing un expenditure of only about ? 5,50Q , , an-
otlior warrant of da to of Juno 2 , 18U1 , was
drawn for * S,000 , Again ut the tlmo ho
settled with Hopkins ho hud 0.309 on baud
above till his expenditures. Then Humphrey
said in his testimony before the investiga
ting committee , 'the warrant to meet the ex
penses had been drawn in advance of the
expenditures. '
"A careful examination of the evidence
shows that the price paid for stone by At
wood & Co. n > the owners of the Nomaha
quarries was $5,505.82 , so that the over
charge for stone purchased is $3,2(12. ( That
the market price for the stone ut the JNC-
niaha quarries is the price paid by Atwood
& Co. , is proved by the testimony of Xook ,
Van Court and Keys , who own all the
quarries in Nomaha county. Zealous archi
tects may swear that the market price is
beyond the figures paid by Atwood , but the
testimony of the mine owners must bo ac
cepted us conclusive. Wo nlso have tiio tes
timony of Xook that he wrote a letter to Mr.
Dorgan , pricing stone at the same figures
that Atwood bought it for. Wo are thus
justified in asserting that the prices paid for
stone by Dorgan were extortionate , and
there is a strong probability that Dorpnn
was mudu acquainted with this fact by the
letters of Xook , the owner of the quarry at
Johnson.
boir-Kvhlont Wrongdoing ,
"Specifications 4 and n , charging the re
spondents with iwrmiitlng Dorgan to con
vert to his own use $232 and permitting him
to overcharge for convict labor are proven'
beyond doubt. These two specifications may
be considered together , The (233 paid out
of cell house fund for sand und cement used
in resetting n couple of boilers. Mosher , us
contractor , was bound to furnish himself ,
Mosher , under his lease , is bound to furnish
the heat for the penitentiary and the power
for all the companies employing labor , It is
an idle pretext to say that the boilers wcro
to bo usoJ In heating the cell house. The
cell house had hardly boon commenced when
this money wus expended. It could not beget
got ready before u year or moio , and the
boilers , if necessary at all , could not bo used
to heat the cell house until the building was
i completed and the cells wcro constructed ,
I "Tnu truth of specification & is practically
admitted. There were ton days in January ,
1892 , when the convicts did network , for
which the state paid about 150. it la also
true that the state paid for other labor when
convicts wcro sick If any other man than
Dorgnn hud been superintendent tlicso pay.
incuts would not have been made. The
respondents are lesponslblo because they
pat it into Dorgan's power to defraud the
stato. It is no uuswor to say that the rule
was to charge for the men whether they
were employed or not. Such a rule docs not
obtain as to the Western Manufacturing
company that employs A76 men , und has the
pick of the convicts , and pays only 40 cents
per day. The rule , nn.vJiow , ought not to
obtain ns to the stntp0 ( llcli | pays H l > or day
for convict labor"
"It appears from tti6\estlmony ( , first of
Mr. Hopkins , thnt ntlho tlmo ho wns ap
pointed suporlntcndpnV. . < of the cell house
It had not boon dpcidcdJfl take down or rebuild -
build any portion of | , Va , north wall , and thnt
only the south wall lywlVccn , completed and
one-third of the cast wall nt the tlmo Mr.
Dorgnn resigned as ipfcVlntondont , so thnt
the north wnll wnit6rn down nnd rebuilt
nnd tuo-Uilrds of thaienht wnll nnd the roof
put on nftcr Mr. Hopkins became superin
tendent , T j
"It appears from fho fpstlmony that Mr.
Dorgnn hud received frpni the stnto K&MOO ,
and pnld back (0lUU.lf > . leaving n balance of
nbout $ i" ,7C3.85 , which wns expended by Mr.
Dorgan In building the south wall and one-
third of the enst wnll. It Is nlso to bo re
membered thnt the south wnll wns con
structed largely of rubble stone nnd by con
vict Inbor thnt cost $1 a day , whllo the north
wnll was constructed by f rco labor costing
from $ . ' 1 to 1.50 a day , and the material con
sisted largely of dimension stono. Hopklni
paid for free Inbor $5,095 f > 7 , nnd for convict
Inbor $ % ! tt3.7r . The fact should also bo re
called that only fTK ) per month was paid for
the superintendent during the construction
ofitho south wnll , whllo & > per day wa.s paid
for the superintendent on Iho north wall.
"Superintendent Fisher testifies that the
value of tha south wall , completed , Is
* 10,0)0. and of the east , < 1I33. ! Adding ono-
third to the cost of the cast wall will maito
the total cost of the building constructed by
Dorgan equal to nbout $10,000. Mr. Coots
figured the value of the south wall , com
pleted , at $10,4$2.35 , and Boindorff nt
$10,410.69.
"It appears that Dorgan paid for trips of
the board and Elder Howe , nnd for material
nnd freight ns follows. $13,215.42 , , while ho
paid for Inbor and tennis , surveyor's fees
nnd architect's foes , salary of superintend
ent , $12iY > 3.43. Of this amount Dorgan pnld
for free labor only $2,034.07. In other words ,
Dorgitn received himself , exclusive of the
costtrf material , moro 'than the cost of the
construction of the south wall nnd ono-thlrd
of the east wall. Ho received for convict
labor before ho turned over , the work to Hop
kins , inclusive of $475 lor salary , $ t43'i.7Ii. ) |
If wo accept the llgures of Uullock and Flslr ,
who put the cost of the south wnll nt $0,472
and $0,000 respectively , the disproportion be
tween the expenditures of Dorgnn nnd the
estimated cost Is still greater. It is also to
bo remembered thnt In making thesc-estl-
mntos ns to the actual cost of the wnll , free
labor is made the basis of the computation ,
Illegal lu livery Son8c.
"Tho oxpendltu.ro by the board of $500 , ap
propriated by the board for Its own use , and
of the $200 paid over to the warden , as setout
out in specifications 1 nnd of the second
end article , wcro clearly illegal.
"Tho appropriation was for 'building a now
cell house by day's work , $40.000. " By what
canon of Interpretation can this language bo
distorted into meaning 'traveling and hotel
expenses of members of Board of Publio
Lands nnd Buildings In making n tour of
state prisons in the wcstt' When the board
tooic this money to pay for n tour of in
spection of prisons they know they were
perverting the fund. If this money had not
been previously put into the hands of Dor
gan , who handed it o.ver to the board , the ac
count , would never have passed the auditor.
The auditor would have declined to draw
the warrant , becausQitho expenditure was
clearly without the appropriation.
"It will not do for atho i members of the
board to assert thati their motives wcro
laudable , their Intentions honorable and
purposes praisoworthyt laud therefore the
expenditure excusable- Every onicor knows
that ho has no right' to take money from the
public treasury unlcssiit isi appropriated by
the act of the legislature. _ If nn executive
ofllcer can appropriate money because in his
judgment the public good will bo subserved ,
what Is the necessity.'bf n legislative act !
If ho can take $500 , whyiinay he not justify
the taking of $5,000 , sluiplyi because the end
sought is for the public ) Rood ?
"The argument against < the expenditure of
the $500 applies with cqualt force to the $200
expended by the warden' , so I need not do
moro than direct attention of the court to
specification 3 oMho .second article.
MonejTliry Mlglit'tlavo Uaod *
"Why did not tlic q respondents use the
fund ? nt their disposal for travellrtg ex
penses ? The act npproprlatmg$40,000 for a
new cell bouse appropriated for trav
eling expenses for attorney general
$ COO ; for the commissioner of public
lands and buildings , $1,000 ; for the Board
of Public Lands and Buildings , $1,000 ; for
the State Board of Transportation , $1,000.
These respondents might very properly have
used money taken from cither of these
funds except the last. When wo remember
that state ofllcers and employes rarely pay
railroad fare , the above sums , amounting to
$3,000 , worn moro than ample to coverall
traveling expenses of the board or Us mem
bers , unless the board charged for transpor
tation , winch wns free. The failure of the
'
bou'rd to return n voucher for the expendi
ture is significant in view of section It of the
net making the appropriation for the cell
house.
The pretext that this visit to the various
state prisons was for the purpose of examin
ing the different kinds of cells in use is
hurdlv worthy of consideration when we re
call that the trip was made in 1891 , nnd the
building Is not yet completed and cannot beget
got ready for the placing or construction of
the cells for at least six months yet.
"Tho only case in which an ofllccr of this
state Is authorized to Incur nn indebtedness
beyond the amount appropriated in the bill
is to prevent disaster. Even in a case of
disaster , the most the ofllccr can do is to
incur an indebtedness. Ho has no riirht to
take money out of the treasury to liquidate
such an Indebtedness.
Coal Voucliom.
"Tho cloven specifications of the third arti
cle , having reference to the delivery of coal
to the insane asylum nt Lincoln , Nob. , may
bo considered together. It appears from
the evidence that it was the custom of the
Board of Publlo Lands and Buildings to ro-
ccivo proposals for the delivery of coal , for
each quarter of the year. In some inscruta
ble mnnner , either Belts & Weaver or the
Whltobreast Coal and Lmlo company always
secured the contracts to deliver coal ac
the asylum at Lincoln. They were always
able to underbid all competitors.
"Tho cluvon specifications charge that for
the last quarter of the year 1890 , and the
whole year 1801 , nnd the month of February.
181)3 ) , there wore delivered 7,689XX , ( ) pounds of
coal , whllo vouchers were submitted to the
state nnd the state paid for 17,551,909 pounds ,
leaving a shortage of 0,91)3,307 ) pounds of coal.
In other words , the stnto paid for moro than
twice the coal actually delivered ,
"I think that it appears clearly from the
evidence thnt the charge respecting the non
delivery of coal in every respect lias been
sustained by competent evidence. The state
has put in the evidence of Handnll. who
chocked the cars as they came from tliq
track , the train fgpwardlng books , the
freight received booka. and the ynrd checks
for' the purpose of tfafJiu.ir every car thnt
could possibly hnvo ipooat delivered or put
upon the asylum iiwltch. While the
respondents nt the otftsotr lustily asserted
that It would bo impossible to prove thcso
frauds , they have noy , hcoji able to add OUR
single car to the uwnlHir for which wo
have given them xreuit. Indeed they
hnvo abandoned th'dlr' . defense to these
frauds by proclaiming Jtllatj they worn the
first to really dlscorcrttjiim , ami asked the
„ . il Jury to llnd Indlclmc
real criminals , nnd ijro , faking great credit
to themselves for thl.i-lUiioovery , and their
efforts In behalf of thtutttto.
Miawu hy thn wjupltulutloii.
' I think It clearly apptttra from the tes
timony that the respondents uro rcsponsiblo
for the folio wing losses which occurred to
the state , cithei by direction of tha board
by their negligence or from tholr own acts.
"Tho losses lu the penitentiary may bo recapitulated -
capitulated as follow , s ;
Kxcestof price pnld for convict labor. . } 7,000
Labor paid for , nut Uhud 350
Hunplluj paid for that were diverted to
the use of prison con tract , , . , . , . , , , . . . 232
Amount used by the board/ ; , , COO
Approprlatodfcirthouso of thu wur-
dennnd Kldor Howo. . . . . . . . . , . . 200
AmoiinV paid for Htone > lu excess of
market price , 3,202
Exciiw charged for coal , not delivered. 1-J.HD5
Total . . , . . . . . . . , , , , . . . , ,
"All of which is. directly chargeable to
the appointment ot Dorgeu DS the superin
tendent except as to the excess charged for
coal. If a suitable superintendent acquainted
with the value of stone , \vhpso Interest lay
wholly with the state , hud been appointed ,
these amounts would certaluly have been
saved , und I bellovo ut least $3,000 or 110,000
moro for the purchase of other supplies and
, in the employment 9f labor.
U l > usflil fur Their Uutlei.
"The respondents are chargeable with
notlco of the frmuls committed nt the peni
tentiary nnd nsvlnm. The act giving the
Hoard of Public iJinds nnd lliilldlngs supervision -
vision of the different publlo Institutions of
the stnto makes them rcsponsiblo for the
proper disbursement of the funds appropri
ated for tholr maintenance. It also requires
them to audit all accounts of the o Ulcers of
the various public Institutions of the stato.
It is nlso made the duty of the board to ox-
nmlno the accounts of the pnblln oftlcors con
templated In the net nnd to determine
whether the same nro entitled to bo pnld out
of moneys appropriated for the purpose
of maintaining the Institution for
which they nro charged , and.
if correct , shall approve the
same , which approval shall bo signed by
the president nnd by the secretary under
date of suchnctlon , nnd If the ntcouiits bo
incorrect , exorbitant , or not entitled to
payment from such appropriations , the snmo
shall bo disapproved and * returned to the
claimant , such board keeping a record of
the same.
"Xho two important duties of an account
ing onicor are , Hrst , to know that the sup
plies In the voucher were actually received ;
second , that the prices paid wcro reasonable ,
and , where bids have been accepted , that
they correspond to the proposals ,
"So far as the charge against the respond
ents of frauds committed lu connection with
the cell house , they are directly responsible ,
nt least , ns to their own acts. They ap
pointed Dorgan as superintendent when
they know ho wns the agent of the con
tractor ; they advanced to him the money ho
received ; they authorized htm to pay $1 per
day for convict labor ; they received nnd np-
preprinted the $500 nnd authorized the ex
penditure of the $ JOOntul ; ns to these acts
the question of notlco docs not apply because -
cause all thcso wcro directed and Instigated
by the board.
"And in the case of the vouchers approved
for supplies delivered to the insane asylum ,
the board either had notice or wns put upon
Inquiry by the vouchers themselves which
would have led un ordinarily prudent man to
the discovery of the frauds that were being
committed. Thcso vouchers contained no
data from which the board could form an in
telligent judgment as to whether the coal
was In fnct delivered. It certainly was the
duty of the board to have required unon the
face of the vouchers sufllcluut data to inform
them as to the amounts of coal delivered aud
the times of its delivery.
"Tho board hud , Hrst , either knowledge of
thcso frauds or , second , there was sufllelont
upon the face of the vouchers to put them
upon Inquiry , which would have lead to the
discovery of the irauds ; or. third , the board
willfully shut its oycs and determined not to
know of any fact which would have led to
the discovery of the frauds. In either case
the law would charge thorn with notlco. If
one , contrary to his duty , closes his oycs and
refuses to see , ho caunot excuse his conduct
by showing that lie did not discover that for
which ho did not look.
What U Ground Tor Impeachment ?
"Willful or habitual negligence , or palpa
ble omission of duty is ground for Impeach
ment.
"I am of the opinion that willful or
habitual neglect of public duty is sufliclout
ground for removal from ofllcc. The test Is
whether the act of omission or commission
is detrimental nnd prejudicial to the publio
service. An nnt of omission may bo of ns
serious consequences ns positive and wilful
misconduct. What matters it to the public
whether nn onicor Is venal himself , or by
lack of vigilance permits others to defraud
the state ] The state scores the same loss
in cither case. The Board of Public Lauds
and Buildings are the watch dogs of the
treasury. If they cease to bo vigilant , nnd
the state suffers , can they excuse themselves
by saying 'we wet not of it ? ' The sentinel
that sleeps at his post is ns blamable as the
traitor who betrays the camp. Thcso re
spondents are the guardians of the state ,
und when they cease to bo on guard they
should bo lemoved. The acts of the re
spondents uro not to bo judged by their In
tent , but by results , whether the net bo ono
of omission or commission. 'Whenever
the law , statutory or common , casts on ono a
duty of u public nature , any neglect of the
duty or act donu in violation of it is indict
able. '
"It will not do for an auditor or account
ing ofllcer to say , I relied absolutely on the
certificate of another. To do that is for the
auditor toabdicatohlsjfunctionsaudHisregard
his duty. What is the use of an accounting
onicor if he simply approves the approval of
another ?
"The fact is that the defendants novcr
read the vouchers never cared to read
thorn ; never inquired as to their correctness
by letter or word ; never investigated the
purchase and sale of supplies to any of the
slate institutions ; in fact did nothingso fur
as superintending the disbursements of
funds for the state institutions , more than
suck their thumbs and approve vouchers.
Find mo ono voucher in the list disapproved ,
or ono corrected after it came into the hands
of the board , They seemed to think because
the word approved was printed upon the
voucher , the duty was mandatory to sign
their names below U. I venture to assert
that the mismanagement of the Insane asy
lum and penitentiary fairly illustrates the
method of supervision exorcised over
nil the state institutions , and if
thcro hnvo been no Irauds committed else
where the board can take no credit for it.
Its Klllcaoy Kntlior Doubtful.
"If the board could not smell out rank
frauds under their noses they were not liKcly
to smoke them out In institutions away from
the capital. The board throw the door wide
oven to f rAudayo , even held U open , and win n
it came in they expressed grcutsurprise. An
accounting ofllcer that says ditto to the cer
tificate of a subaltern or clerk without ex
amination of the vouchers , instead of being
the guardian of the treasury , is a fence to
facilitate and protect these who scok to loot
the treasury. If the court holds that the
board had a right to rely on the
certificate of Knupp , superintendent of the
asylum , then it must also hold that Knapp
could rest on the certificate of the book
keeper and the steward nnd so on down the
line until responsibility Is so diffused that it
is dissipated.
"I take it that when these men were liv
ing within gun shot of the asylum , it wns
their duty to Know nt least something about
tiio delivery of supplies at that institution.
But the ovfJenco shows that they , did not ,
for In the year und four months the proof
shows that they allowed $12,000 worth of
coal to bo stolen ; if they had but made
the attempt ttioy could have stopped this
wholesale robbery. Instead of doing so ,
what did they do ? They folded their arms
nnd stood as lllcnt witnesses whllo the stuto
was being burglarized and the treasury
looted ; not only this , but they abdicated
tholr duties as publlo ofllcers nnd transferred
them to their subordinates , If these gentle
men have an Idea that in this trial they hnvo
been vindicated lot them come before the
people of the stuto ; the people of the state
of Nebraska hnvo read the testimony that
hns been admitted nud in so doing they have
returned tholr verdict.
: "The incompetence , Ignorance nnd negli
gence of Mr. Allen is shown by the testi
mony which ho gave before the committee
appointed by the legislature to investigate
the matters under examination hero.
"Thcso respondents are overworked , In
order to visit all the institutions under the
supervision of the board they must travel
007 1-10 miles , They would have us believe
that they scorn delights , and llvu laborious
days in the performance of their public func
tions ; that they are bunding under the bur
den of imblio duties. The early hours found
them nt their tusks , und midnight vigils
found these Nebraska statesmen worn und
weary from the cores of stato. I cur.
Imagine the souls of thcso men fired
with unquenchublo ardor nnd un
flagging zc.il , pouring over these
vouchers in the early morn and dewy eve ,
tholr brows perplexed with anxiety , lest a
coal contractor or a stone merchant should
escape their sleepless vigilance ,
"This defense of the respondents appeals
to the imagination , but when brought to the
test of truth nnd fact , is found wanting.
How often , rather iiow few times have they
visited the publlo institutions in the exercise
of their supervisory powers ? . What vouchers
have they corrected ! What ono rejected ?
A voucher was always to bo , and
always was approved , How many
times have the judges who sought
these halls In the early morning , or
loft them Into ut night , been saluted by thcso
respondents ! The respondents have a largo
office force. The attorney geuural has a
deputy and a stenographer. The secretary
of state has a deputy , bookkeeper , recorder
and clerk , The commissioner of publlo
lands and buildings a deputy , chief clerk ,
two bookkeepers. Tlvo clerks und a drafts
man , whllo the Board of Transportation has
three secretaries , the department of bankIng -
Ing ono clerk , making twenty assistants In
1 their respective offices. The clerk * never
work more than six hours per tiny , whllo on
Saturday they generally close nt a p < in.
Thnl Wnmtnrfiil Vindlrnllon.
"It Is claimed thnt UIMO matters now be
fore the court were published before Iho Inst
election , and the respondents wcro vindi
cated by ro-clcction. HH true that they
ivcro re-elected by a very narrow plurality.
In n tolnl vote of 'JOV.UOO . they received only
80,000 votes.
'It wni only by a superhuman effort that
, hov were pulled through nt nil. The ropub-
lean party nuvor made such nil active nnd
sj irlted canvass ns last fall.and with all that
effort , In n presidential year when pnrty
'Ines were drawn very tight , nnd national
ssucs were to the forefront , the outcome was
moro than doubtful. Had the election oc
curred In nu off year , when these frauds
would have been thoroughly ventilated ,
republican defeat would hnvo been fore
doomed. Besides , wo lost the legislature
nnd the scnntorship nnd three members of
congress. In view of the fact that four years
ago the attorney general polled 103,933 votes ,
the secretary of state I07ll > 0 votes and the
commissioner of public lands nnd buildings
104,040 , while nt the Inst election thn snmo
onicers received respectively 78,011 , S2,0 :
nnd 70,1)03 ) votes , the respondents came out
of the campaign with very llttlo glory or
prestige. Some victories arc worse than n
defeat , nnd this was ono of thoin.
"If thcso respondents think since the pub
lication of the evidence taken before this in
vestigating committee , nnd In this trial ,
that the people nro with them , let them run
for nn onico ngnin. They will llnd them
selves disillusioned before the campaign is
half over. Let not thcso respondents think
because they hnvo the sympathy of n cotorlo
of friends thnt gather about thorn day nftor
day thnt the attitude of such friends Is in
nny sense symptomatic of the feeling
throughout the stnto. The testimony In this
case has been read nt the ilrosldos of the
voters of Nebraska , nnd the judgment of the
pcoplo , based upon nn Intelligent knowledge
of the facts , is not favorable to the accused ,
"Tho conviction that these respondents
nro guilty of these charges hns plowed Itself
deeply Into the public mind. It is so deep
scntcd that the judgment of this court may
confirm that conviction , but It cannot up
root It ,
"In conclusion allow mo to any thnt the
duty devolving upon this court is graver
than that imposed upon the senate engaged
In tha trial of nn Impeachment case ,
ThU Is Nut the Soiinto.
"If the sonnto excuses , justifies , or acquits
an ofllcer nccuscd of the commission of ofll-
clal misdemeanors the public may tolornto
if not condone the verdict because the
sonnto is n political body gov
erned by political considerations. It
is expected thnt such n body will subserve
party ends. But it is different wltti a court ,
which is a nonpolltical body , nnd therefore
intended to be removed from the Influence of
politics. A court is expected to do justice
though the heavens fall. Hence tholr judg
ments have greater weight with the pcoulo
than the action of n purely political body.
As more is expected of the court it Is highly
important that by its judgment hero it meas
ure up to this high standard of public esti
mate. If the court of final resort , thu most
august tribunal in the state by reason of its
dignity , learning and integrity , shall
decide that it was becoming for the
Board of Public Lands and BuildIngs -
Ings to appoint as its agent and
superintendent William II. Dorgan , the
representative of every Interest adverse to
the state , that it was proper to Bay him aud
his principal $1 per day for the labor of con
victs when all other lessees of convict labor
wcro paying but 40 cents per day ; tint it
was in the line of duty for the board to
expend or authorize the expenditure of $700 ,
appropriated to build n cell house , for a tour
of inspection of state prisons und to send
delegates to n prison congress ; that it wus
right to pay for labor that never was used
nnd permit the diversion of moneys nnd
materials to the personal use of Dorgan and
Mosher ; that a purchase of stone at three
time the market price was the net of vigilant
oniccrsnnd careful business men ; thnt the
method of approving vouchers for coal
delivered at the asylum adopted by
the board , whereby the state was defrauded
of $12,000 in ono year and four months , re
lieved the board from all responsibility and
acquits them of gross or. > vilful. negligence ;
that respondents were in all matters under
consideration guiltless of Intentional mis
conduct ; that none of the charges uuder the
evidence rise to the gravity of an oflicial
misdemeanor ; that respondents bo therefore
restored to their offices , commended by the
court us good and faithful public servants ,
then will the court throughout the borders
of the commonwealth pronounce for the Hrst
tlmo as n tribunal of Impeachment a judg
ment that will not only produce a profound
sensation , but ono that will seriously impair
the respect and and veneration In which it
is hold and Jensen thnt high scnso of public
duty in officers which is at once the safety
and protection of the state. "
UAULY CONDVVTKD.
r.nx Mcdiodt , Kinployod In the Conduct ot
the Weather Iluronu.
WASHINGTON , D. C. , May 24. Assistant
Attorney General Colby today made his re
port to the secretary of agriculture on the
weather bureau investigation. He enters
Into voluminous details to sustain his con
clusions that the system of manage
ment adopted by the chief of the weather
bureau , in addition to the objection
to being without authority of law , has re
sulted in the relieving of subordinate offi
cials from responsibility and , in the entire
absence of the business methods so noticea
ble in the general conduct of the cxccutivo
work. Neither the chief of the bureau nor
nny subordinate ofllccr is regarded as re
sponsible for the vast amount of
property or the funds of the govern-
incut in his charge , although over
$000,000 have occn expended through the
ofllcors of the bureau during the your. The
evidence shows that the property of the
government hns been taken from the bu
reau for private use or Illegally sold , that
official theft and embezzlement have been
discovered and brought to the notlco of the
chief of the bureau , but the offenders , with
perhaps a ulnglo exception , have never boon
punished , und that many thousands of del
lars worth of publlo property carried on the
official rolls is not to bo found in the bureau
and is unaccounted lor. It further appears
that there is a lamentable lack of harmony
in the relations existing between different
officials of the weather bureau. Officers ot
high rank are on terms of personal enmity
with ono another.
In conclusion , General Colby makes this
significant suggestion as to the powers of
MERIT ACKNOWLEDGED
By the Sisters of Moray.
The Klckapoa Indian Jlemmlle * Found
to bo Invaluable at a ITainoui New
Ivnglund 1'repurutory Bcliool. Tliolr
Uw In Always Found to bo IIcuoQcUl.
The Sisters of
Mercy who conduct
the St. Augustine' *
*
Propnratory Hoard
ing School nt Hart
ford , Conn. , wrlto
that they find the
Kickapoo Indian IJomedlcs invaluable
to them in caring for the health of the
Hcholars under their charge. "Kick-
npoo Indian Sagwn , Kickapoo Indian
Oil andKickapoo Indian Cough Cure"
they say , "have been used hero with
the most gratifying results. Theif
ttmplt remedltio/ Indian race de
tent the wlilest possible recognition ,
and their use Is always beneficial. " The
Klokapoo Indian Remedies ,
Kickapoo Indian Cough Cure ,
Kickapoo Indian Oil ,
Kickapoo Indian Salve ,
Kickapoo Indian Worm Killer
and
KIOKAPOO INDIAN SACWA ,
The Grandest Remedy of the Universe.
For the Stomach , Liver and Klduoyt ,
BOLD BY ALL DRUGGISTS. .
I
the secretary In the promises ) ' 'Thonci
congress making -iiproprliUlons lor . ,
wcnthcr bureau for the fiscal year of C
contnlns the oxprc < * provision that the i ,
rotary of agriculture M nuthorUed to inn ,
such changes In thaporsonnoluf the wont * *
bureau , cither limiting or reducing oxponr-
ns ho may deem nocewi\ry. " Ji
Sunilnr Opnnlnir < > f thr I'Mr ,
iiMOTojf , D. C. , May 24.
Stntes District Attorney Milchrlst ' ' ( !
Chlcngo had an interview with Attorjj
Oenoral Olnoy today with regard to ft
action of the gcnornt commission in iHinr' }
ting the opening of the World's fain *
Sumlny. In view ot the absence of 1 1
violation of thn law the attorney dccliit
to glvo Mr , Milchrlst any definite instijj
tlons , and informed him thnt until si )
violation hns boon officially presented ,
must use his own discretion. Air. Mtlchs !
left hero for Chicago this evening.
Ailnut Auditor * of tha TT < IHMIIJ %
WASUIXOTOH , IX C. , May 121. The pr
dent has npiKilntcd .1. C. Kdwnnls of fllhy ,
deputy second auditor of the treasury ro
Siunuol Hlnckwell ot Alabama third
of the treasury.
bulBS UIIIBlS
Will euro You , la a true statement of thc
action of AVER'S Sarsaparllln , when
taken for diseases originating In impure
blood ; but , whllo thla assertion Is true oJ
AYEIJ'S Snrsnp.-ullla , ns thousands can
attest , it cannot bo truthfully applied Id"
other preparations , which unprincipled
dealers will recommend , anil try to Itu- ?
*
pose upon yon , as "just as good ni
Ayot's. " Take Ayor's Sarnaparllln nnc.1
Ayor's only , It yon need a blood-purifier1 ,
nnd would bo benefited permanently. '
This medicine , for nearly fitly yofrs ,
has enjoyed a reputation , nnd made rf
record for cures , that has never been
equaled by other preparations. AY
Sarsapnrllla eradicates the taint i
rcdltary scrofula nnd other blood
oases from the system , nud It hns , desor-V ,
vcdly , the confidence ot the peoplo. ' j
AyEFTSl
Sarsaparilla
"I cannot forbear to express my joy nt
the relief I have obtained from the usoV.
of AYEIl'S Sarsaparllla. I was affllctea' 1) |
with kidney troubles for about alxTl ,
months , suffering greatly with pnius ln/5 ;
the small of my back. In addition to'L
this , ray body was covered with pimply t
eruptions. The remedies prescribed
failed to help mo. I then began to taka , *
AVER'S Sarsaparllln , and , In a short. '
time , the pains ceased nnd the plmplca- _
disappeared , I advise every young man , j ;
or woman , In case of sickness resulting - - ,
ing from impure blood , no matter how ii
long Htandlng the case may bo , to take
AYEIl'SSftrBaparilla. " n.Ij.Jarmaun , *
33 William st. , Now York City. 2
Will Cure You
Prepared bypr.J , O. AycrSc Co. , Lowell , Mass.
\ AMUSEMENTS.
BOYD'S NEW THEATRE
BUT ONB PEKITOKMANOE.
THURSDAY , MAY 25
. _ _ i
Tlcro no nro again , nnil everybody Rind of It
Direct from tholr phonoinoiml guccoss oa thj
I'nclllo coast. j
PRIMROSE & WEST'S . :
This Is truly tha uroato t company no linva ovoi
owned end tliomost mnxnlttcont Klnt I'art i
ororKlTonln tiio nnnnls u ( inlnttrolgy.
fomombor , KVBUVTHINU IS ItNTIIlKr.Y NKWj
HTho nalo of scuts wilt open Wcdnemlny nt tin
ollowlae prlcoi : Klrgtfluor.fi ; balcony , 75o. . '
And Company In the follonlnj ronortolre
i
" ' - ' - '
Friday
"SCHOOL FOR SCANDAL. "
Saturday Miitlneo ,
"TJIE SOCIAL SWIM. " - * '
I
Saturday Night ,
"AS YOU LIKE IT. "
. .Tho snlo of ROMS will open Thursday mot
Inu ut tbn following price ? : I'I rat floor , l.i
balcony , 73c.
FARNAM ST. THEATER
lAo , 25o , 35o , 50c , 75o
TONIGHT :
The sublime icanto anil druniatla 'production
Kvury Hot-no I -VT TT < T x 7-
K cry Custtimo } JN Cj W .
Krory I'roperly I
Matlnoo Huturday ,
FARN AM ST. THEATER papuF
15,25. 39. 5O. 75.
C IIIPUTQ DKOINNINQ CUnV | | | |
0 Hlunlo MATIN KR oUNUfli
Bpoolnl Matlnoo Duccratfon Dity. Tuosjay'
Itotnrn Engagement of thu bullish MaUurs.
Nabob
Matlnoo Wednesday. Any t'uat 25 ConU.
WONDERLAND THEATEF
ALL THIS WKBIC
ft. Superb production , by tiio Illjou Htoo' ' ,
Company , of llitrtloy CiuiipboU'a most pro
nouticci ) succosn.
THE GALLEY SLAVE.
And u refined ipuolully program.
Matinees To all parli of ttio liouieVd canti.
KTontng J ) loonr , Wnenti ; parquet. 85 conti. '
EXPOSITION HHLL ;
TONIGHT , 8 O'OI.OOK. ' 7 !
Lecture on * ,
ICA JVISM , "
Hy HEV. THOMAS EWINU HIIKIlMAtfi
( son of Uonorul Hiieriiinn ) .
Mmioby tbaHecond United Htuto. Infantry
bund from 1'urt Oiimliu.
Soati on silo at KlnHlor't , Sixteenth and
r'ltriiHiii ttrouts ,
_ Admission M conti , _
"The Human llr.ilii Coiislilurml In tin
Light of Animal Intelligence , " | i tbo lilbjuot
of aleottUro-tobe given by
REV. JOS. T. DURYEA
nt tiio KIUST CONailEOATIOMAL OIIUHOD
on I'll 1 1) AY KVKNINO , Btrawberrlevand lei
cream after lecture. IuoturuAOa
Open Dully KxceptBunduy ,
MAT 22 TO JUNE 3
J'rom JO a. IH , to lOillOlt , ut ,
Admission , , , , . . . , 25c