Nebraska Newspapers

    - iyjj * * '
TUB OMAHA DAILY BEE/ ; TUESDAY , JUNE 0 , 1B03.
MR , MOS' ' GOOD CHARACTER
Moro Light Shod on It for the Benefit of the
City Council.
TWO SIDES TO THE STORY-ARE PLAIN
Tell Tlilnsr * H > t n ° Not Ucflpct
Much Crrdlt on the Accunril Parties
Kluxly Trnntnctlon * Illutfld
nt by Several.
The Investigation of the charges preferred
against C. V. Mos , the newly appointed
clerk nt the police court , was completed last
night. The testimony developed nothing
new or startling and was In line with that
adduced at the first meeting of the com
mittee.
C. A. Patterson had known Mos for six or
seven years , and first mot him In the ofilco
of the Nebraska and Iowa Insurance com
pany , when ho > was nt the note desk. It
was stated that Mos had trouble In the
ofllco over the check entry. Ho had given
the company a mortgage for $100 , and wit
ness understood that It was to covur a shortage -
ago In his accounts with the company. Pat
terson did not remember whether Mos con
tinued In Iho employ of the company after
giving the morteago. The witness thought
L. B. Williams could give Information on the
subject.
In reply to a question from Mr. Mos , Pat
tcrson said that all ho knew of the trans
action was from hcrcsay.
Bernard Illloy , of Ulloy Bros. , said Mos
had been employed by the firm and had
charge of the books and cash. There was
deficits In the sales on three days , amount
ing to S10.7.5 the first day , fc'J.Co the second
and $1.00 on the third. Ho watched Mos ,
made the discovery of the shortage , and
Mos was discharged. Witness had
not known of false entries. Ho had
talked with Mos about selling hU Interest to
his brother and witness had told Mos to
close the deal , as ho was III and unable to
attend to it. Mos had stated that the wit-
ness' brothers wcro attempting to do him up
on the deal.
About u Cnnh Item ,
Michael Corcoran , who succeeded Mos as
bookkeeper for Hiloy Bros. , was thiro the
day Mos had left the employ of the firm. On
that occasion an Item ot 823 was taken from
the rash drawer by Andy Klley , who said
ho had placed it , in the safe. Mos proved
In blaclrnnd white that Uiloy had not placed
the money In the safe , as tbcro was not that
much there. Ho had charge of the cash
drawer and It was the practice for members
of the nrm to take money and charge It as
expenses in some cases and In others no
charge was made. Witness told of a trans
action by which ho said ho was asked by
Andrew Klley to make n false entry In the
books with the intention of defrauding Ber
nard Klloy , a member of the firm. Corcoran
refused and left the employ of the linn yes
terday morning.
F. W. Simpson had been acquainted with
Mos six or seven years in a business way and
had always found him honest and truthful.
J. M. Miller , woighnuistcr nt the Omaha
elevator , and : i neighbor , testified as to Mr.
Mos' good character , and in business Had
always found him honorable and honest.
Nathan Stevens , a real cstato dealer , had
known Mos for slxyerrsina business and
social way and had always found him
straightforward and upright.
J.V. . Atkinson had known Mos for three
years in a business way and testified as tc
his good character.
j. , . Ills Own Version.
Mr. Mos explained how ho came to give
the 8100 mortgage to the Nebraska and lowe
Insurance company. He was employed bj
Hurt for the company In December , 18SO , am
continued In the service until about the Isl
of Juno the year following. His salary was
llxod at * T5 the first month. Before tin
month had expired ho received a proposltlot
from C. E. Mayno to enter his employ ut . "
Balary of &J.OOO nor year. Ho told HaVt o :
this fact and Hart agreed to pay him a
salary of $100 per month and an add !
tlonnl $200 quarterly. Ho succeedec
the brother of Mr. Patterson whc
bad testified as to the mortgage , ant
since that tlmo bitter feeling ha <
existed between them. Ho was in chat-go o :
the books and collections ami no restraint !
wcro Imposed by Hart. No objection wa ;
raised to his overdrawing his account , whicl
ho did to the extent of 8173. Hart had soU
him a horse and buggy for $175 on tlmo
About this time ho was called into Hart' !
ofllco and requested to prepare doctorei
sworn statements of the condition of tin
concern ono for the public1 , another for tin
stockholders and the third for tin
Ill use of the manager. This ho refused
'I' fused to do , and then commenced i
series of persecutions. Hart denied tin
'I'M agreement whereby ho. was to receive th"
M t 00 quarterly. Ho was almost a stranger litho
tt < the city , with no friends to stand by him am
oppose such u powerful adversary as Hart
and ho was forced to glvo the $400 mortgag
to. sccuro the payment of the $175 ho hui
overdrawn and for the horse and buggy. H
remained In the employ of the company
few days and then loft. Later the mortgag
and note were returned to him by th
management succeeding Hart , and ho dii
not pay a cent upon It and hai
never been requested to. Mos said ho hui
refused to assist In tbo work of dofraudln ;
tind that was why hovas persecuted as h
was. Ho produced the original note am
mortgage and his dairy showing the amount
hg received from the company and what h
was entitled to.
When asked regarding the statement
made by Bernard Klloy , Mos said he was nc
in the store much of the tlmo o
the thrco days mentioned , but wa
dut'lookiui ; after collections.
' Ho was then permitted to address the con
mlttee In his own behalf. He referred to th
fact that not ono of C. M. Schneider's forme
partners were present to subst.mtlato hi
statements. Ho said ho had always bee
lioncst and honorable , and It was bocau :
ho hud refused to assist In slmdy Iran
actions that ho was persecuted in this mai
nor.
nor.Tho committee will meet this afternoon i
3 o'clock to roach an agreement and propat
its roport.
i
' * ASIUSKMHfiTlt.
"Said Pasha" was the magnet that drew
good sized audience to the Fnrnam Strci
theUerast ; ! nlglt | , The announcement th :
the Calhoun Opo'ra company was to bo hci
and present Stahl's rollicking , musical pr
duetion was sufficient to bring 01
enough of Omaha's theater goers to coi :
fortably fill tbo house , and all these wl
attended enjoyed themselves most the
ouchly ,
The cast Is nn excellent ono. and each ar
evecy person in It Is thorrughly versed In her
or her part , so that the opera goes
without a slnglo hitch or error , und i
the end thu auitloneo leaves unln
tatrd by that disagreeable feelli
that follows a performance maw
by "bad breaks" duo to a deficient know
edge of lines or "business.11 In u word , tli
presentation of "Said Pasha" by the Cu
houn company Is as nearly perfect us pa
slblo.
A i-eront valuable acquisition is Mi
Carrie God troy , as Alt ! , which part wi
originally created for her. Miss Godfn
has a wonderful volco in compass ar
timbre , and the ole parts re
dorcd by her last night we
enthusiastically received. Miss Mlllard ;
Serena is sweet and charming , and Ml
r'vHijrtloy , with her entirely unpleasant pai
3s lialnh Hojab , is entitled to moro than
little credit for her work. Messrs. Fill
and Calhoun , who da the parti of Hadad ni
Nooky , are funny , and the word "funny"
this connection means that they produ
laughter , and laughter ad. lib. The chor
Is excellent and well trained.
"Said Pasha" will appear this and toim
row evenings , with a matlneo tomorrow ov
Ing , giving plaoa Thursday evening to "Fa
Inltz4 , " which will also be nlvon. at Satu
day's umtluco , "Said Pasba"Js well wor
euing ,
Ho Uu * Not ModltUil hi * 1'ollcy , ,
ROMS , June 5. The journals rocognlied
Mgaos of tha Vatican concur iu denying-
tno pops ha modified tu scholastic poll
heretofore enunciated In regard to tha United
States.
.
EtiitovTi : 10 cmcvioo ,
Kntnlln Hid * Aillmi tn Nnw York mid tcnve
for the World'4 r.ilr.
NBW VOIIK , Juno B. The Spanish princess
and suite left this njornlng for Chicago. The
party was escorted from the hotel to the
ferry by a battalion of the United States
signal corps , Mayor Gllroy and the reception
committee. A special steamer convoyed
them to Jersey City , where they took a spe
cial train on the Pennsylvania road.
At.TOON\Pa. , Juno 5. The train arrived
nt Harrlsburg at 5 o'clock. While engines
were being changed , a crowd of several hun
dred people surrounded the train and
cheered for the Infanta until she appeared
nt the window. She leaned out , bowing and
stnlllm ; at the people , while they cheered
her. Just before the train started she ap
peared on the rear platform and there was
renewed cheering.
When she expressed a desire for Spanish
cigarettes , she was told that some would bo
ordered at once and put on the train at the
next stopping placo. At Harrliburg , the
Spanish cigarettes were ready for her and
she smoked several of them with unfeigned
pleasure.
Ono of the most wide nwako members of
the princess' party Is the colored boyAlmaro
Sargasso , who was discovered on board the
Spanish man-of-war Infanta Isabella , when
It sailed with the Infanta from Havana ,
Cuba , and whom the Infanta has adopted as
n servant. At Now York ho was fitted out
with a uniform of blue with brass buttons
and n cap bearing her coat of arms. When
asked how long ho will remain with the
princess Almaro said : "Until I die. "
As the train entered the mountains the
infanta expressed n desire to rldo on the
locomotive. The engineer was notified , and
preparations were quickly made to give the
princess a new experience. At Mount
Union , eighty-six miles west of Hnrrlsburg ,
the princess , with the nrlnco. Commander
Davis and Mr. Parko. climbed up Into the
cab and stood on the loft side. The prince
stood close by her side. Engineer Filling-
ton touched the throttle , and old 1.370
started off. Faster and faster How
the train. The fireman's arm moved
and the whistle shrieked three times as
it rattled past a town. Then something
loomed up ahead and a train going at full
speed In the opposite direction passed. The
princess ducked her head and put up ono
hand to cover ono ear , while she clung still
tighter to the arm of the prince with the
other.
The train was doing better than a mile a
minute. The princess held on and seemed to
enjoy the sensation.
At Huntingdon the train was stopped and
the princess climbed clown , after having rid
den twelve miles in tweivo minutes. When
this excitement was over dinner was served ,
for It was 7 o'clock. The train arrived at
Altoona at 3 p. in , A stop of five minutes
was made to change engines , and then the
train went on.
o
FOB THE FUNERAL.
Firemen Preparing to IJury Their Dead
Drnthern.
A meeting of the Benevolent Association
of Paid Firemen of Omaha wns held yester
day afternoon at Chief Galligan's office. The
meeting was for the ourposo of making
arrangements to attend the funeral services
of the late members of the force , Captain
Cox and PlpomanOuray.
Committees were named as follows : On
resolutions Beard , Miller and Loom is ; ar
rangements Lank , Dempsey and Williams ;
to wait upon the management of the Farnam
Street thcatro regarding the proposed
benefit Barnes and O'Noil.
A floral offering from Postmaster Clarkson
was received and accepted with u vote of
thanks.
The death benefit of 5400 in each case was
ordered paid.
An invitation was extended to the tSouth
Omaha and Council Bluffs departments , the
DUratit company and the Veteran Firemen's
association toattcnd the funerals.
- Chief Gnlligan xvill make a detail of mem
bers of the department to attend.
Iho funeral of Captain Cox will take
place this afternoon at 15 o'clock from 500
South Thirty-fifth street. The remains will
bo buried at Council Bluffs.
The hour for the burial of Pipcman Ouray
has not been decided upon. Members of the
family uro expected to arrive from Chicago
this morning. The tlmo of the funeral will
then bo made known. Services will be hold
at D13 North Fourteenth street and the In
terment take place at ForoLawn.
JiOUTll IS SfMII'lif SIXKIXO.
Nd Very JHnrkod Clmn o la the Great
Actor's Condition.
Nnw YoitK , Juno 5. [ 11.45 p. m. ] While
there has been no very marked change in
Booth's condition , it must bo admitted that
ho is slowly failing.
Xsti , 1'A.nA.aK.ivua.
Ex-Senator ( V. S. Paddock is in the city.
Bishop Worthington has gone to New
York.
W. F. Bechel and L. A. Garner left foi
Chicago last evening.
C G. H. Kastman loft yesterday for Chicago
cage to attend thu opening of the Nebraska
bulldinir.
Mrs , Elta Mathcson , who holds a position
sition In the Omaha postofllco , Is spending a
couple of weeks at the World's fair.
Miss Emma Monzingo , clerk of the Boarc
of Education , has returned from a week's
visit to her former homo In Coin , la.
A. B. Davenport , formerly chief clerk ol
the Mlllard and now manager of the Unior
Pacific hotel at Abilene , Kan. , Is at the
Murray.
3
t Dr. William II. Ilanchott returned yester
rt day from the world's congress of medicine
s He reports a largo attendance of foreict
doctors and many from Nebraska and the
i- west.
e At the Mercer : H. P. Johnson , Daven
r port ; Arthur Dole , L. C. Parker , Beatrice ;
s C. O. Shutnw.iy , Lyons ; W. P. Houshaw
n and wife.Lincoln ; . S. Lewis , Columbus
o M. G. Grebe , uincoln ; WiilHarn U. Whltu
iChlcapo ; F. H. dough , Dartlct , Nob. ; J
tKlsncr , K. 1C. Butler , Chicago ; George Lewis
Now York ; J. C. Mason. Aurora , 111. ; Ed
it Kar Smith , Chicago ; C. H. Burtlott , Musca
o tine.
H'J2J.T11EII t'OUKO.lST.
rn I r uiiil Wnrmor , with Variable Wlmlg , fo
Ncl > ru ku.
u
lt WASIIIXQTOX , D. C , , Juno 5. Forecasts felt
lt Tuesday ; For Nebraska and the Dalcotas-
Palr ; warmer ; variable winds.
For Iowa Fair ; warmer , West to nortl
WERE NOT LIABLE
STixtrrt ) riuiM rmsT rAnn. ]
strained to reverse tholr rulluif and place a
different construction upon the net.
Their \Voril Kionorntra Thorn.
"It is In evidence that no Itemized account
of tholr expenses was over illed with the
board or submitted to the legislature , but
each of the respondents and the warden tes
tify that the money was all expended for
traveling expenses and other necessary costs
of the trip , nna that in addition to
the tT 00 used for that purpose
each expended from 115 to10 of
his private funds. According to tholr testi
mony , they were absent about two weeks ;
that the three respondents had free trans
portation from Lincoln to St. Louis and from
Chicago to Llnioln and that the warden rode
on n pass from Chicago to Lincoln. Wo are
on thl& evidence Mono nskod to find that
tholr legitimate oxpcnscs were less than
$500 , nnd draw the Inference that they con
verted n part of that amount In other words
that they are guilty of embezzlement. It
should bo remembered In thu first place that
this Is a criminal prosecution , and wo nro
not to enter upon the field of conjecture In
search of a theory upon which the respon
dents may bo pronounced truilty. Second ,
they nro not contradicted by nny evidence
whatever ; they were not oven subjected to a
cross-examination regarding the Items ox-
pcndcd.
"Wo must not bo understood as holding
that upon nn accounting they may not bo
chargeable with n part or nil the $500 in
question , but a finding of willful conversion
In this case must rest upon suspicion alone ,
or nt most n mere probability , nnd upon evi
dence insufficient to support a verdict in
civil action.
Sumo on the Clmplalu'j Trip.
"Substantially the same reason Is ap
plicable to the charge contained In this next
specification , viz. . the allowance ot S'OO out
of the cell house fund to defray expenses of
the chaplain and warden of the peni
tentiary ns delegates to the prison
congress nt Plttsburg. In our opinion
that expenditure was outside of the
scope of the authority of the board ,
and they are liable to the state for the
money so advanced. In other words , they
annot , ns to that amount , claim Immunity
n the ground that their action was in its
attire judicial. Such act , however , falls far
liort of a misdemeanor In office. They acted
rom motives of humanity , without thought
r possibility of gain or advantage to thorn-
elves , which Is alone a sufficient defense. "
Condoned by the I.eclnlnture.
Going Into a discussion of the stealing at
ho asylum , the Judges find that the state
vns shamefully defrauded in the matter of
vcrchnrgcs on coal and flour , but that the
joard was unable to detect the fr.iud , owing
o Its dependence on the superintend
ing who was considered a man of strlct-
: st probity and honor. Further than this ,
ho fact that the legislature passed ,1 doll-
iloncy appropriation to make up the deficit
aused by these overcharges amounted to an
endorsement by that body of the bills as
eudered to and passed upon by the Board
> f Public Lands aim Buildings , and there-
ore acts ns complete exoneration of the
members of the board In this connection.
In conclusion , the judges cite the lack of
precedent , and go on to say that impoach-
nent is less and less sought as n remedy for
, ho acts charged ncaiust the respondents.
England furnishes the only precedents , and
n that country the use of impeachment has
alien into such disuse as to be almost obso-
ete.
JUDGE MAXWEII < DISSENTS.
Opinion of tha Chief Jiuttlca Suktalnluff His
Decision of Conviction.
LINCOLN , Neb. , June 5. [ Special Telegram
to TIIE BBE. | Besides dissenting to the
Indlngs of Judges Post and Norval , Chief
Justice Maxwell filed an opinion of his own
n winch ho hold as follows :
"That there were frauds in flour contracts
.here is no doubt , but the extent of such
'rauds it is difficult to aotormino. Thus in
January and B ebruary , 1S92 , the flour wai
weighed , It is claimed , and the only record
preserved was the stubs of weigh checks ,
and they are lost. There is also proof that
the drayman was in the habit of leaving a
number of sacks of flour at a designated place
on the way to the asylum. The charges
under this head are fully sustained.
"It appears that while Dorgan was pos
sessed of the money in question ho , at the
request of the respondents , paid to Hopkins
? 200 to enable him and Elder Howe to visit
the prison congress at Pittsburg , Pa. Soon
afterward the board received from him $ T > 00
of the money belonging to the state to
cnablo them to cheese the best cells. This
was charged to the cell house fund. These
appropriations are justified upon the ground
that the state would bo benefited thereby
and that therefore it was n proper expendi
ture. Section 22 , article ill ot the constitu
tion , provides : 'No allowance shall be made
for the incidental expenses of any
state officer , except the same bo
made by general appropriation and on
account specifying each item. No money shall
be drawn from the treasury except In pursu
ance of a specific appropriation , made for any
purpose , or taken from any fund whatever ,
cither by joint or separate resolution. The
auditor shall within sixty days after the ad
journment of each session of the legislature
prepare and publish a full statement of all
moneys expended. At such session , specify
ing the amount of each Item and to whom
and for what paid.1
Plain Law.
"This provision declares that no money
shall be drawn from the treasury except In
pursuance of a specific appropriation made
by law , and on presentation of a warrant
issued by the auditor thoroon. The leglshv
ture makes appropriations. It is for it , coni'
posed as It is of the representatives of the
people , to say what is for the interest of the
state , and to require the oxuendlturo ol
money. Unless it grants the author
ity there is nono. If an ofllcor 01
a number of them cun take $1 without an
appropriation , and bo Justified in doing so ,
ho or they may take all that there is m the
treasury , if In their view the state will be
benefited thereby. Money taken without an
apuroprlatloti Is taken not only without law
but In defiance of it , and If the principle Is
once established , It would load to gross
frauds and peculations.
As Applied to IJunlnosi.
"Suppose trustees having the care of property
orty and receiving the rents and profit !
should desire to visit distant points to enable
them to administer the cstato with wlsdorc
and prudence and thereby benefit it. Could
they charge this expense upon the owner 01
beneficiaries without their consent , lawful ! )
expressed ! No more can they do so in thli
Instance. The state , through Its legislature
must give Us assent to oxpcndituro. Other
\visc the party must pay It out of hi ;
own pocket. No voucher was filed
with any officer showing the amount ex
pcndcd ; nor any attempt to comply with tin
liny. In addition to this , the cell house if
not ready for the cells oven now. Therefore
there Is no emergency. But under no viev
of the case can the expenditure bo Justified
and the fact that In ono or two previous in
stances such oxpnndituresvero made
which do not seem to have been known , bu
tends to show the lax methods that seem ti
have prevailed with the board Tvhorover thi
expenditure at money was concerned ,
Somo'1'eculUr Fucti.
"It ilso appears that the legislature madi
an appropriation of $1,000 for the traveling ex
peuses of the board. It Is true Mr , Allot
testifies that $500 of this sum had been ox
ponded. He also testifies that all the mem
bers had passes , so their rallroai
fare was nothing. So far as hi
stated , the visits to the various state in
stitutlons by the board , the expenditure
should not have exceeded $100 , and proba
bly did not. It the board Jcsirod to trave
ou official business , it would seem that thi :
was the fund for that purpose ,
"It appears alia that Dorgan used $334 t <
reset the boilers in the prison , a charg
which properly belonged to Moaner , am
should have been paid by him.
' 'lu addition to the ordinary provisions li
appropriation bills , that of 18U1 containei
the following :
" 'Section 0. Each state officer anil eacl
board entitled to draw against the appfo
priation provided for in this act shall kee ]
an itemized account of all expenditure
made by them , and report the same witl
vouchers to the franco committee of ttv
next logUlature , and no ofllccr of any Instl
tutiou and no state officer shall Incu/-an ;
Indebtedness twjroud th amount appro
printed In this bill except to1 proven ! dis
aster , '
"Tho testimony shown 'thnt the resiwnd-
ents inndo no nttompt Jo comply with these
provisions. The charges'w6ro fully sustained.
Clrnm TrAiiiH Worn C'oinmlttnil.
"Tho testimony temlfl show that gross
frauds wcro committed In the delivery of
coal nt the Lincoln Asylum for the Insnnn.
The respondents claim to have been Ignorant
of these frauds until nbotit'Soptombor , 1893.
It nppenrs that from the 1st day of October ,
1800 , to the 2th ( ) day of march.
1801 , the Whltobronst Coal and
Llmo company furnished coal for the nsylum
and was allowed therefore thu sum of $11-
651.5) . ' ) . To cover this claim nn appropriation
of $12.000 , or so mucluthcroof as might bo
necessary , was made , nnd the claim was cer
tified to the auditor by the respondents. The
coal was alleged to hnvc boon de
livered on the bars nt Asylum
switch , but the number nnd initials
of the cars on which 11 was alleged the coal
was delivered nro not given In n single In-
stnnco. Dr. Knapp testified In effect that lip
did not bollovo the amount pf coal
charged had boon delivered. His
bookkeeper testified to substantially
the same facts. Neither of them ,
however , communicated tholr suspicions
to the respondents. Knapp afterward ap
proved the vouchers nnd they were approved
by the respondents nnd the warrant issued ,
AVrn Not .tnntlllcntlon.
"Tho fact thnt nn appropriation had been
made to pny for this coal was not nn ndjudi-
elation of thoclnlmns the legislature cannot
adjudicate claims. Stnto vs Unbcock , ! W ,
Nob. . 33.
"Tho very largo nmount of eonl'chnrgod ,
sufficient to have supplied all the
asylums of the stnto for the tlmo chnrgod ,
certainly should hnvo put the respondents
upon Inquiry. The reports for coal from
other public institutions were before them
and unless fraudulent vouchers were sent In
from them nlso. which there Is no claim , n
comparison should have shown the fraud.
No examination was made , howavcr.
"Tho respondents " introduced evidence
tending to show that last Octouor they sub
mitted the whole matter to the grand jury of
I nncnstor county , nnd thereby sought to
bring the guilty parties to justice. It is but
fair , however , to state that Governor Boyd
requested thorn to lay the matter before the
grand jury , nnd it Is evident that the
matter had acquired such publicity it could
not bo nvoidod. On this trial they in effect
deny the frauds , or tnat If such existed they
hud nny notice thereof In nny form , nnd
therefore nro not chargeable therewith.
They scorn also to exhibit no very friendly
sentiments toward the witnesses by whom
these frauds were proved , nnd certainly no
disposition to aid in procuring proof of the
same.
No KYCUAO for Thorn Iloro.
"Some reliance is placed on iho approval
of the asylum officers by the governor In his
message of January , 181)1. ) This , no doubt , is
entitled to considerable weight , but it could
not In any manner excuse the respondents
from the exercise of reasonable care In the
examination of the asylum vouchers.
In addition to this the land com
missioner i in December , IS'JO , in his
report to the governor which
Is in evidence , says ( page 80) ) : 'Under the
existing system of furnishing supplies the
appropriation funds are too frequently used
In keeping with thnt conception of charity
which declares that it "hldoth a multitude
of sins. " Items for luxuries , privileges and
conveniences that arc alone enjoyed by the
officials and their friends are too often
cloaked in n claim for'"board and clothing ,
fuel and lights , " or some fane of the other
necessary funds appropriated for mainte
nance of the institution. '
That Overwork ,1'lea. ,
"It is contended by , - respondents that
the business in their respective offices has
so increased that it is' impossible to give at
tention to many of the dftails of business
; hat como before thoni and that they are
; horoforo excusable. It is true there Is a
large amount of business- each of the of
fices named. This is a1 largo nnd growing
state , nnd business in all departments is
constantly increasing : " In the office of the
land commissioner , however , there are ten
clerks and one deputyJ ; which , with the
principal , makes twelve persons. In the
ofllco of the secretary , of state one
deputy and two ' * clerks , four per
sons in nil. In rthe attorney gen
eral's office , ono deputy and stenog
rapher. If these officers need additional
assistance , if they will present their claim
to the legislature through the governor , no
doubt the aesircd increase would be granted.
These facts must bo known to the respond
ents , and as no such application was made ,
it must bo because it was not considered
necessary. The business of the state , how
ever , must bo conducted in a reasonably
prudent anil careful manner , otherwise the
result would bo chaos. Suppose a merchant
or business man should urge the want of
time to look after his business , and there
fore neglect It , the result would bo uncer
tain. No defense of this kind can bo enter
tained.
How They nro Responsible.
"Are those acts grounds for Impeachment ?
'All civil officers of this state shall bo liable
to impeachment for any misdemeanor In
office , ' It may bo well to inquire , first , what
are the duties of public officers ? Each ono.
before entering upon his duties , is required
to take an oath that ho will 'faithfully and
Impartially perform the duties of his offlco
according to the law and the best of his abil
ity. ' An officer Is bound to exercise
ordinary earo , such care as an ordi
narily prudent man would cxorclso in
the management of his own affairs. The
respondents nro to quite an extent trustees.
The claim that there was no wilfull disre
gard of law In the penitentiary cell house
matter , is clearly shown to be unfounded.
The respondents' duty to tne state was In
the first instance to appoint a capable , effi
cient superintendent , who would protect the
rights of the state ; see that the state re
ceived as fair treatment as Other contractors
iti the employment of convicts and purchase
of materials , and to exercise a general
supervision over the work ; to permit no
money to bo drawn except on original
vouchers of the persons primarily entitled
to the money or their assignees.
"In all these respects there was n failure
to discharge their duty. The claim that
they knew nothing about Dorgan is entitled
to no weight whatever. They did know that
ho represented the party who could and
probably would profit uy his being superin
tendent. Indeed , the argument that they
were able to biro him cheaper than n disin
terested party is nn admission of his unfitness -
ness , as it shows that ho was drawing full
pay for his services fromMoshcrat the same
timo. In addition to these facts each allow
ance of an estimate without a voucher was a
violation of u duty by the respondents , by
which they wrongfully and willfully per
mitted Dorgan to draw money from the
treasury.
Not Kntltlod to Exemption.
"It Is said the respondents acted judicially
in approving accounts , and therefore are not
liable for their acts. Th6 able attorneys for
the respondents made no.'claim of this kind ,
and therefore it Is evident they did not rely
upon it. If , in approving t/ccounts / , they act
Judicially , in order to protect them there are
three things which mij3 ( concur. First , the
claim must bo ono they nro authorized to
audit ; second , It must"bo' presented in the
form of a bill or voucher' 'showing the debt
and what it Is for , otherwise the board
would bo llko a judge passing upon a matter
not before him , suchiiura'niattcr not put in
issue , nnd , third , the statute makes it their
duty to investigate' J every claim.
The protection naccorded to n
judcro against a > t-private action
docs not apply when ho Is on trial under a
specific chat-go of Imperrclirncnt. Even a
judge of this court cbufd' not plead pro
tection against suchi charge. In such case
his conduct nnd general jnnnucr of conduct
ing his business may be inquired into , and 11
he Is found guilty of iTflftconauct , on any ol
the charges , he may bo declared guilty , But
no Judicial officer is protected when 'ho ex
ceeds his authority , and these respondents
very clearly In all they are charged
with acted cither without authority
of law or in excess of sucti
authority. But in my view , their dutlet
are not judicial. In the proper sense thev
do not allow accounts. They merely Invest !
gate , or should investigate the vouchers am ]
the several items thereof , to see that thoj
conform to the contract. In other words
the duty of the board is to let contracts In D
specified manner and when vouchers an
presented under such contracts * , which upor
examination are found to bo correct , thej
are to certify the same to the auditor. Th <
certificate Is not a final order from which at
appeal would Ho and Li not a judicial act.
They Arc Not Protected.
ll'not be seriously contended tha
who n wli ently and Improper ! ;
a frauduJ&Jt account which it WAI
liU duty to Investigate , or who unlawfully
draws money from the treasury Is protected
from the consequences of his net anil so far
as I am nwaro no cao so holds. Proof was
Introduced on behalf ot the respondents to
show that Dorgan , Knapp and others had
Riven bonds to the state , It Is ovldent that
none of these bonds will cover the actual loss
to the state , and oven If enforced would
bo an Inadequate remedy. But the giving
of the bond by an ofllcor does not exempt
him from the performance ) of his duty , nor
rollovo these who superintends his acts ,
from a faithful supervising of the samo.
Tha law Imposes the duty of supervising
with 'a reasonable degree ot care.1 It seems
to mo the respondents wholly failed In the
performance of tholr duties In the cases
specified In these charges , \vhoroby the
state , during tha ten months that Dorgau
was superintendent , lost a largo sum of
money , probably not less than $15,000 , and
&J31 for resting the boilers , which was not
a dabt of tbo state , together with the sums
drawn by Hopkins nnd'llowo to go to Pitts-
burg and these respondents to go to St.
Louis , In all $934.
llnil IMrnty ot dinners ,
"The ovcrpiyments for coal all In sixteen
months exceed $13,000. An ordinary prudent
man would have required the vouchers to bo
In proper form giving the numbers and
weights of the several cars. There
nro telephones In all the public
buildings , so that it would have tnkon but n
moment to make the proper Inquiries In re
gard to the cqal and protect the Interests of
the stats. But so far as the proof nhows
such inquiries were not made In a sinclo In
stance. A public ofllccr , llko any other ser
vant , should bo faithful to his employer , to
see that in all matters under bis control the
master shall not bo defrauded. In other
words , ho shall bo faithful to his
trust , not as an eye servant , but In the sight
of God. That is in effect the oath that each
officer takes to faithfully perform his duty.
Our public Institutions should bo conducted
on business principles and without fear ,
favor or favoritism , and no money should bo
drawn from the treasury except In strict pur
suance of law.
Would Produce Mora Evil.
"If the court should approve or oven condone -
done the conduct of the respondents In these
cases the influence of the decision will bo
felt In every department of business In
the state as tending to weaken the
sense of faithfulness of public officers
and employes , and In every way provo
detrimental to the best Interests of society.
There are an abundance of men in the state
ivho can and it the opportunity Is given by
their selection to the oftlces filled by the
respondents , will faithfully look after the In
terests of the state and ns the respondents
have failed In that regard , the charges are
, voll taken and should bo sustained. I there-
lore vote guilty as charged.
"I fear the result of the decision , If ad
hered to. will bo to open a door to the gross
est frauds in the public institutions of the
state. A number of the witnesses for the
state testified if under constraint and there
seemed to bo powerful influence affecting
some of thorn , aside from the immediate
> iends of the respondents at work in their
'avor. The respondents , of course , are not
responsible for these influences , but It is my
duty to mention them. "
nESUMDLES A HEATU. WARUANT.
Some Who Bcllevo the Vordlot Will ISo
llt'piulliitecl by the Pooplo.
LINCOLN. Nob. , Juno 5. [ Special Telegram
to THE Bnn. ] Hon. U. M. Lambertson , who
was chief counsel for the state in the Im
peachment trial , and Incurred the deadly
political enmity of the respondents and their
friends by his fearless arraignment of their
official aots , was found in his rooms
II street this evening. In answer to a
query ns to his opinion of the verdict , ho
said : "Well , I have not yet read the opinion
of .Tudgo Post , but have glanced over that
submitted by Chief Justice Maxwell , which
seemed to respond to every point In the
: ase. In my opinion"and Mr. Lambertson
loaned back reflectively in his chair , "tho
verdict of the chief Justice , who has been on
the bench for twenty years , will bo accepted
as the most satisfactory to the people.
'If the supreme court had united in finding
the respondents guilty the influence of such
a verdict would have boon most wholesome ,
and the outlook for the success of the repub
lican party would have been brighter than
ills.
ills."In
"In any event the trial has been and will
provo of the greatest service to the stato.
It will bring about better buslncssmothods ,
will save the state $10,000 a year and will
give our officials a higher sense of public
duty. "
Very Like u Death Warrant.
Hon. C. D. Casper , the democratic , and
Hon. P. H. Barry , the Independent member
ot the impeachment committee , were evi
dently not sure whether they were pleased
or displeased over the verdict.
' It was Just what I expected , " said Mr.
Casper. "When Judges Post and Norval
affixed their names to the decision exonerat
ing the state officials In the face of the ac
cumulation of evidence as to their neglect ot
sworn duty they signed the death warrant of
the republican party In Nebraska. This la
not a funeral of my seeking , and I do not feel
called upon to pronounce an oration over the
corpse. "
Thinks It Will Ilelp the ludepoiiclenU.
"The verdict " said
, Captain Barry
"means the defeat of the republican party at
the next election. It Is partisan , biased and
apparently a forced argument in behalf ol
the respondents. So far ns I can Judge from
what I hear It means also an overwhelming
victory for the independents next fall. The
people have road tno evidence In the case
and their verdict will bo handed in then. "
Governor Crounso and Auditor Moore
were In close conversation In the Hotel Lin
coln rotunda this evening at 9 o'clock , when
approached by a I'oporter for Tun BKK.
When asked for his vlows on the de
cision , the Governor replied , somewhat per
emptorily : "O , I don't care to express
my vlows on that subject. I believe ' .
prefer to let each citizen form his own
conclusions , I would rather bo quoted as
having had nothing to say. "
"You will understand , " added Auditor
Moore , "that co-ordinate oftlccrs prefer to
be silent on the subject. It would liardlj
bo proper for them to express themselves-
cither for or against. "
IT WAS NOT AN Al'l'ETlZEK.
Tholr Narrow J'icnpo Sludo the Principal !
1'oitpono Their llanquet.
LINCOLN , Nob. , Juno 5. [ Special Telegram
to Tim BCB. ] The banquet , which was to
have been tendered the state officials who
were before the court of Impeachment , and
which was to have boon accompanied by a
flow of wine , red fire and slow music , did not
materlalUo. It was to have been ono of the
features of the evening if the court ha <
given the gentlemen a clean bill. It Is statct
with authority that all preparations hai
been made , but the dissenting opinion o :
Chief Justice Maxwell bus taken away nli
desire to congregate around the ban
quet board and drink wine , while
the three respondents are putting
on a bold front us they shako hands with tha
men of tholr ilk. Their every word and not
fully Indicate that they are not happy. Kvon
many of their staunch supporters acknowl
edge that the majority opinion la slightly on
the white wash order and that instead o :
being purged they have been convicted by
the people of tha state ,
111 ! NT ON , I1II.L AND LKK3E FllKE.
1'oirer to A mood Impeachment Proceed
ings Cannot lie Delegated.
LINCOLN , Nob. , June 0. [ Special Telegram
to TUB BBB. ] Tom Benton , ox-auditor ; Cap
tain Hill , ox-treasurer , and ox-Attorney
General Lecse are free men tonight so far
as nny action of the supreme court is con
ccrncd. With the main opinion in the im
peachment case there was another opinion
which sent the ex-officials out of harm's w y
In substance It is as follows :
The constitution of this state confers the
solo power of Impeachment upon the sonata
and house of representatives in joint convon
lion , and the legislature cannot delegate tha
power to others. Whore the legislature has
adopted articles of impeachment which have
been tiled in this court no amondmen
thereof in any matter of substance can be
made by any managers appointed by the
legislature to prosecute tbo impeachment
Tbe authority to adopt and present othe
or amended articles ol impeachmontor spocl
fkcatloa ie U alone witb the joint con
v otloa ol - ( Ea two houiM o
tht legislature. Th * articles adoptee
n April 7 charging them with misdemeanor
n omco when tnoy were private cltlwis and
ubjoctlng thorn to Impeachment would not
nly bo extremely oppressive mid expensive
) iit would endanger tholr llvoi and liberty
> y exposing thorn agalnit their wills to i\
irosecutlon for their conduct In exorcising
heir political right and privilege * . "
The opinion li by Jtulgo Norval nrnl Is con-
urrod in by his associates and the charges
ro dismissed. _
Some Prlrntn Opinion * .
"Not having read the decision of the
majority of the court , nor the dissenting
pinion of Judge Maxwell , " said Matt Gcr-
ng ot Plattimouth to a BKK reporter nt the
'AX ton last evening , "I do not feel eompo-
cnt to express a rational opinion upon tha
matter , although the dissenting opinion
ocms to confirm the so-called political stnto-
nonts made by Mr. Morton and myself dur-
ng the last campaign. I think the decision
lardly comes up to the expectations of the
) ooplo.vot ; , Itlsa very serious thing to do-
> rlve men of the right to hold office because
of negligence of others. "
"What Is the outlooK on the United States
dlsti let attorney contest ! "
"Thoro are flvoof us who are candidates
or the iK > sitlon. I fool hopeful , as I suppose
nil of the candidates do. I think the np-
lolntmcnt will depend upon the consent of
Secretary Morton , whoso wishes will decide
ho choice of the administration. Both Mr ,
tlahoncy and Judge Ogden nro admirably
Htod for the place. If I am not snlectcd for
t , I shall not fool In the least disgruntled ,
> ecauso I know that Mr. Morton's Idea is the
unification of the party , and art appointment
nado with that cud In view will provo grati
fying to every member of the democracy. No
ono can now predict who will bo the success
ful candidate. It Is certain that the appoint
ment will not bo made until the expiration
of Mr. Baker's term In January. "
Deputy Unl ted States Marshal Llddard of
Uushvlllo was met nt the Paxton , The
vigilant ox-shurlff ofSarpyhas made three
trips to Omaha with prisoners In the past
couple of weeks , covering K.OOO miles , and
ind boon so busy yesterday that ho had not
icardof the Impeachment verdict until In-
'ormcd of It by Tim 13nn man.
"What , acquitted ! You don't mean It !
Well , well. "
"What do you think of it ! "
"Well , usually 1 have enough to do to look
after my own business , but then I guess this
s every citizen's business. The verdict Is
folng to help the democratic party. Every-
jody up my way was expecting a verdict of
fuilty. The ovidcnco certainly looked strong
for conviction. There was a good deal of
very damning testimony given in that caso. "
yATiox.tr. LK S a.taras.
Senator * Jolt the Conquering Pirates Pretty
Sollilly for Ono fiiinio.
WASHINGTON , D. C. , Juno B. Terry started
in to pitch for Plttsburg , but the Washing-
tons hit him so hard that Gastrlght vas sub
stituted , but ho fared no better. Both were
wild and Ineffective. Weather hot. Score :
Washington . 10 'J 01400 3-14
I'lttsburR . 3 01 110001 7
Hits : Washington , ID ; Plttsburs , 11. Errors :
Washington , 0 ; PHtslmrg , 3. Karncd runs :
Washington , 0 ; I'lttsburR , -l.Uterlos ! : Ston-
sol , Duryuu and McUulru ; Terry , Gastrlglit and
Mack.
Only IVlIko Already Munched.
NEW YORK , Juno 5. St. Louis was not In
the gnmo with the Now Yorks. Ruaio was
Invincible for six innings and then lot up.
Gleason , on the other hand , was wild and
Ward's men hit him almost at will. Mlko
Kelly was laid oft without pay until ho gets
Into condition to play ball. Attendance
2,000. Score :
Now York . 20130320 10
St. Louis . 000000303 D
Hits : Now York. 14 : St. rouls , 0. Errors :
New York , 3 ; St. Louis , C. Earned runs : Mow
York , 5 ; St. Louis , 2. Unltcrlus : Uuslo und
Duylu ; Gunson and Gleason.
Ileiui Kilters Got It.
BOSTON , Mass. , Juno 5. The Champions
fairly won the game from the Clcvolauds by
superior batting. It was a "scrapping
game" from start to finish , both teams find
ing fault with the umpire and continually
fighting for points. Score :
Iloston . 10312820 * 12
Cleveland . 01022140 0 10
Hits : Iloston , 11 ; Cleveland , 11. Errors :
Iloston , 3 ; Cleveland , 0. Earned runs :
Jtostou , 7 : Cleveland , 2. Batteries : Sllvotts ,
Staley , Morrltt and Hansel ; Olarksou und
O'Connor , Young and /.Innnur.
1'arrotl Wins n Game.
BROOKLYN , N. Y. , Juno 5. Parrott , the
third baseman of the Chicago team , was the
man who did the most toward defeating tlio
Brooklyns at Eastern park. Altogether the
Chicagoans' fielding was very fine. Score :
Brooklyn . 0 1004OOOO 5
Chicago . 1 1101021 0 7
Hlrs : Brooklyn , 10 ; Chicago , 10. Errors !
Brooklyn , 2 ; Chicago , 2. Earned runs : Brook
lyn , 3 ; Chicago , 3. Batteries : Haddock and
Klnslow ; Mauclc , McGlnnls and Schrlvor.
This Corked the Dude.
A , Pa. , Juno 5. Philadelphia
won an Interesting game in the tenth Inning ,
after two were out , on a succession of three-
baggers by Cross and Allen and Keefe's
single. Weather clear and hot Score :
Philadelphia. . 0002201102 8
Cincinnati. . . . 0 2 1 0 0 1 0 2 0 0 6
Hits : Philadelphia , 10 ; Cincinnati , 13.
Errors : PhlladelouU , 5 ; Cincinnati , 2. Earned
runs : I'hlludulphla , G ; Cincinnati , 2. But-
terlos : Keefo , Cleiuonts and Cioss ; Mu llano
and Murphy.
Orlolei Co mln jf Fast Again.
BXI.TIMORB. Md. , Juno 5. The Loulsvillos
met with another defeat at the hands of the
Baltimorcs because of the Orioles getting n
batting streak on in the eighth inning- . Attendance -
tondanco 2,800. Score :
Baltimore . 000200030 li
Louisville . 02000 1000 3
lilts : Baltimore , llj Louisville , 5. Errors :
Baltimore , 1 : Louisville. ! . Earned runs : Bal
timore , 1. Batteries : McMalion uud Itoblu-
aou ; Stratton uud Grltu.
. Htnncllue ot the Teams.
Jo city Cllnb Unorganized.
Ono of Omaha's "long felt wants" is about
to bo satisfied. The Omaha Jookoy club
mot and reorganized last night , and there
will bo a midsummer race mealing July 4 , 5
and 0with a program no city naotl bo
ashamed of.
There was a good attendance at lasl
night's meeting and much Interest was man
ifest. Judging from the enthusiasm that
Irradiated from the horsemen who took part
In the meeting , the rovlvllleatlon of the
jockey club means business , and It Is safe to
say that Omaha will ucain bo the scene of
some Interesting racing events.
Ofllccrs elected were : President , W. J ,
Perry , the well known horseman ; vice presi
dent and treasurer , P. II. ICInnoy j secretary ,
J. A. Tutlull , who has u record for managing
successful meetings , notably the running
meet at Wahoo , Nob. , in 1870 , and that at
Lomars , la. , in 1879.
Iowa i'rnlt L'rospcot * .
MAiwenx , la , , Juno 5 , [ Special to THE
DEB. ] An Interview with W.K. Follett , the
veteran horticulturist , elicits the Informa
tion thnt the prospects for small fruits , as
raspberries , blackberries , strawberries and
grapes , nro bettor than for several years.
The npplo prospects have been good until
within the past week , when a twig blight
was noticed , which threatens to cut the crop
short. Plums promlso a fair crop. Cher-
will bo almost a total failure.
Plan * for Mil * Itlpley' * Vuuornl ,
KKAUMET , Neb , , Juno 5. [ Special Tele
gram to TUB IlBB.j The remains of Miss
Mary Illploy , who died at Ilostwick while on
a lecturing tour , wore brought hero for bur
ial today. Miss lilpley was president of the
Kearney Nineteenth Century club and occu
pied u prominent position in educational and
temperance circles , The funeral will bo hold
Wednesday afternoon.
lleitructlva 1'lre ut 1'ondar.
PKNDEH , Nob. , Juno 5 , [ Special Telegram
to THE BBE.J-B. T. Hull & Sons' flour pilll
known as the Logan Valley Ilollor Mills
burned tonight. The flro was discovered
about 10 o'clock , but too late to save any
thing but about fifty bushels of wheat. Tha
loss la closely estimated at from $13,000 to
$14,000. The insurance Is between { 9,000 and
ty.ooo. _
Terapomry- office ol Chas. Bhlverlck
tn Co.'rooms 202-203 First Notional
bank building.
TO BE SETTLED THIS WEEI
Material for Omaha's Federal Building N <
Tot Determined.
SLIGHT CHANCE TO SECURE GRANII
SaporvMnir Architect ( Vlluurk * Thinks 2
If 1'omlblo to Saoitro nn Incrnnnoil
Apprnprlnllon , lint Thin Mcthoil
Will ltn < | itlro Tllno.
ON Btmnxo OP Tun Hnit , ) i
" 13 KOUHTRBNTII STltnET , >
WASHINGTON , 1) . O. , Juno _ fi. 1
Supervising Architect rVtfnnHfn ' did nil
: each any conclusion today In thu matter < j
Iho public building at Omaha. Sonattj
Manderson was to have called upon the sfl
pervlslug architect for n further conforoiu'
as to the advisability of roadvcrtlslmr t (
Ms. The senator , however , did not co ;
uid othcroforo nolhlni * was accomplishes
Mr. O'Uourko said to Tim Hm : corresponds
this afternoon that the case was still *
abeyance , but It would , ho thought , bo so ;
tied this week.
"I can see but one solution of the quoi
Lion , " sold the supervising architect ,
that Is to readvertlso for bids the sncciil
atlon calling for some other material thnj
granlto. Wo cannot oulld of granltl
unless the bidders como withl
the appropriation. It Is possible , howovo !
to secure nn additional npproprlatlo
sufficient to cover the cost of a granite bulli
Ing , but this course would necessitate Krw' '
delay. Ilowovor , I hope to have the matty
straightened out within the next few days !
Hcerrtnry Morton nt III * Dcnlt , i
Secretary Morton , who has been nbsoi
from the city for over avook , has wire
Assistant Secretary Willotts that ho will n
turn tomorrow morning. The secretary ha
spent n greater portion of the week I
Chicago.
Ilnsslor'H Clnlnis Recognized.
J. J ? llassjor , of Forest City , S. D. , wa
today appointed chief clerk of the Interlo
department. Mr. Husslur Isnn "Kx , " ha' ,
mi ; served as the appointment clerk of th
Interior department during Cleveland'
former term. Ho was a candidate for so ;
gcant-at-arms of the senate , but though \i \
was qulto generally endorsed Mr. Hassle
failed to scouro the nomination In cauoit !
Subsequently ho made application for ehio
clerkship of the Interior department , an
today Secretary Hoko Smith recognized h
claims ana made out the commission. M
Ilassler will probably assume the duties (
his office this week ,
Nrhnmldi Ilnnk Ihmmlncr.
Comptroller Kckels will appoint an add
tional bank examiner for the state of N
braska. Ho said the work was too much f (
ono man. There is not much probabilil
that ICxamincr Grlulth , now In charge , wl
bo removed. While n democrat , ho hoi
ofilco throughout the republican term b <
cause of his record for efficiency. But on
application lias been received for ban
cxnmincrshlp from the state of Nobraski
It caino late this afternoon. The name of th
applicant has not been given out yot.
Wcatorii I'rnslonn.
The following pensions granted are r
ported :
Nebraska : Increase Orange Warno
Jesse Glenn. Reissue John Ilondcrsholdt
Iowa : Original George T. Moran , Arz
B. Park. Increase William Johnston
Original widows , etc. Mary Fisher , Mar
A. Ilincs , mother.
MlHoellnneouii.
William Wagner was appointed postmastoi
at Amherst , Buffalo county , today , vlco H.
W. Kupolsky , resigned. P. S. II.
What It Cost to Convict Dr.
WASHINGTON , D. C. , Juno 5. It isgcnerallj
agreed among Presbyterians prominently
connected with the Brlggs case that the ex
penses incurred during the entire progressljT
the case from Us initiatory stage until the
general assembly disposed of it last week ,
amounted to a very largo sum , but it is al
most impossible to make an estimate of tuo
total amount with accuracy. Uov. Dr. Bartlett -
lott , who was chairman of the local commit
tee of arrangements for thu general assem
bly , Is , however , of the opinion that ths
estimate , rnado by some of the comtni
sloners , that the Brlggs case from beginnln
to end cost the general assembly abou
850,000 , Is nearly correct.
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PiirPQ Pntarrh ciusethoyci , , (
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compounded. It Is /
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1 neglected may grow
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