Norton's Mistorv of Ittebraeka
autbentic, Complete
(Copyrighted 1000. All right! reterred.) By courteiy of Editor nnd Publishers ol Morton's History, the Publishers Newspaper Union of Lin
coln, Nebraska, is permitted its reproduction in papers ol their Issue
CHAPTER VII.
First Legislature Administration of
Governor Izard Location of the
Capital Laws of the First Session
United 8tates Surveys Claim
Clubs Nebraska's Peculiarity
First Independence Day Judicial
Organization.
In accordance with tho proclama
tion of acting Governor Cuming, the
first legislature of Nebraska territory
convened at Omaha Tuesday, January
16, 18GG, at 10 o'clock In tho morn
ing, in tho building which had been
erected for the purpose by tho Coun
cil Bluffs & Nebrnska Ferry Co. This
company was Incorporated under tho
lawB of Iowa, and Enos Lowe was Its
president. This Iowa corporation em
bodied or represented tho Omaha that
was to bo; for tho future metropolis
then existed only In the Imagination,
tho hope and tho ambition of its Iowa
promoters. Iowa men had procured
tho Incorporation of the territory nnd
shaped It to their wishes; and an
Iowa man had organized It into po
litical form and arbitrarily located its
temporary seat of government con
trary to tho wishes of its real resi
dents. It was fitting thnt Iowa capi
tal and enterprise, which were to fix
the seat of tho government, should
also temporarily houso it. "This
whole arrangement," wo are told by
tho Arrow, printed in Council Bluffs,
"Is mado without a cost of ono single
dollar to tho government."
This first tenement of organized
Nebraska government was located on
lot 7, In block 124, as platted by A. D.
Jonos, fronting east on 9th street be
tween Farnam and Douglas. Tho
structure was known as "tho brick
building; at Omaha City," indicating
that It waB tho first building of brick
In the town. It was occupied by tho
legislature for the first two sessions,
and was afterwards used as the first
general offices of the Union Pacific
Hallway Co., until, In tho fall of 18C9,
they were transferred to their present
quarters.
On tho 13th day of October the
Arrow tolls us that, "But a fow short
months ago and not a sign of a habi
tation was vlslblo upon the site where
now aro constantly In progress and
will bo completed, within another
month, a town numbering some 17C
or 200 Inhabitants."
The legislature was composed of a
council of thirteen and a houso of
twenty-six members. It can not bo
said that a single member of this
first legislature had a normanent foot
ing In the territory, and many of them
had not even "declared their Inten
tions." But tho men from Iowa were
there In full force. Mr. J. L. Sharp,
the president of tho council, nom
inally from RIchardBon county, lived
at Olenwood, Iowa, and never became
a resident of Nebraska. Out of the
total membership of thirty-nine at
least five, namely, Sharp, Nuckolls,
Kempton, Latham and Purple never
were actual residents of the territory,
and many of tho reBt were mere so
journers driftwood, temporarily
stranded on this farther shore of tho
westward stream of population, but
destined Boon to bo caught by Its con
stant onward flow and carried off to
tho boundless country beyond.
The members of tho first territorial
cpuncil were Benjamin R. Folsom of
Burt county, Lafayette Nuckolls of
Cass county, Munson H. Clark of
Dodge county, Taylor G. Goodwill, Al
fred D. Jones, Orlgen D. Richardson,
Samuel B. Rogers of Douglas county;
Richard Brown of Forney county, Hi
ram P. Bennet, Henry Bradford,
Charles H. Cowles of Pierce county,
Joseph L. Sharp of Richardson coun
ty, James C. Mitchell of Washington
county.
The first territorial house of repre
sentatives was composed as follows:
Burt county, Hascall C. Purple. John
B. Robertson: Cass county. William
Kempton, John McNeal Latham, Jo
seph D. N. Thompson; Dodge county,
Ell R, Doyle, J. W. Richardson; Doug
las county, William N. Byers, William
Clancy, Fleming Davidson, Thomas
DavlB, Alfred D. Goyor, Andrew J.
Hanscom, Andrew J. Poppleton, Rob
ert B. Whltted; Forney county, Wil
liam A. Finney, Joel M. Wood; Pierce
county, Gideon Bonnet, James H.
Cowles, James II. Decker, William B.
Hall, Wilson M. Maddox; Richardson
county, David M. N. Johnston, John
A. Singleton; Washington county, An
selum Arnold. Andrew J. Smith.
It does not require tho full spelling
or these Christian namos In the rec
ord to safely cbncludo that thero were
three -Andrew Jacksons" in tho
house. Tho circumstance that this
representation of strenuous name
from tho North Plntto outnumbered
that of tho South Platte, two to ono,
might have had much to do with tho
success of tho first-named Bectlon In
achieving Its heart's desjro.
Hiram P. Bonnet of Plorce county
was chosen tomporary president of
the council, and it is his recollection
that J. C. Mitchell of Florenco nomi
nated him for that qfneo and put tho
question to tho council. Aftor tem
porary organization tho council pro
ceeded to tho chamber of tho houso
whore the governor dellvored tho first
mossago to "tho Joint nssombly. With
characteristic Imperlousness ho first
undertook to' administer tho oath of
ofllce to tho membors. Mr. Bonnet
thinks that ho required as a condi
tion for taking the oatli that mem
bers should have received certificates
of election from him. At any rate
threo of the South Platte members,
Bennet, Bradford and Nuckolls, re
fused to take the solemn vow by the
governor's sanction, and after the
reading of tho message both council
and houso acknowledged the irregu
larity of tho proceeding by going
through tho ceremony before Judge
Ferguson and Judge Harden respect
ively. This Is tho Palladium's unfor
tunately meager account of the first
nctunl skirmish of the irrepressible
and endless conflict between the
North Platte and South Plntte fac
tions: "The noting governor made nn nt
tempt to get control of the council,
but was peremptorily denied tho priv
ilege by the nresldent (Mr. Bennet).
"by whom he was told that he had no
business to do what ho was attempt
ing to do, nnd that he was not needed,
and not wanted there, that he was not
set In authority over that body, and
that his pretensions could not bo rec
ognized by it."
At tho afternoon session Mr. Ben
net, having become convinced that
Mr. Sharp had been playing both
sides, and had agreed to transfer his
support to the North Platte, refused
to act as temporary president, and
Benjamin R. Folsom of Burt county
was elected In his place.
Messrs. J. L. Sharp and Illram P.
Bennet of the council wero advertised
as lawyers of Glenwood In tho Palla
dium, during and after the legislative
session, and that faithful chronicler
of tho doubtful deeds of all whom It
classed among tho wicked says thnt I
Immediately after final adjournment I
tho president of the council "led off I
for Glenwood, Iowa, at about 2:40 on
tho first quarter." Tho ordinary re
straints to tho game of grab for the
capital, which was organized at Coun
cil Bluffs Boon after if not before the
passage of the organic act, were lack
ing. These restraints are a settled
Interest In the community or state
which the non-resident does not have,
and tho pride nnd fear of reputation
which aro Invoked In public repre
sentatives only by tho knowledge and
fear that the eye of a real and re
sponsible citizenship, with moral
standards by which It will reach mo
ral judgments, Is upon them. It was
to be expected, therefore, that the
preparation for, and the first step in
law-making should do violence to mo
ral law.
Omaha promoters Intended to make
that place the capital, and with well
founded confidence they relied upon
tho Napoleonic Cuming to carry out
their intention. The citizens of Belle
vuo had Insisted that their settlement
should constitute a separate legisla
tive district. It far exceeded in num
bers any other settlement excepting
Omaha and Nebraska City. "Thero
were two points in the county though
lying side by side wero actually hnav-
en-wide apart In Interest and feeling.
No union existed between them any
more than If an ocean rolled between.
If there were anv points In tho terri
tory needing a district representation
these wero the ones."
Mr. Decatur, In arguing his case as
contestant for the seat of Mr. Popple
ton In tho houso. January 31, Is quoted
as saying that "In the original organ
ization of Omaha county, now recog
nized as Douglas county, there were
two separate and distinct districts."
Tho Inference from this is that dur
ing tho negotiations, or cross-bidding
between Bellevue and Omaha, con
ducted by Governor Cuming, ho had
at first intimated or agreed that In
the first organization Omaha City and
Bellevue should be kept apart In dis
tinct districts, and the county was to
be named Omaha Instead of Douglas.
And so Mr. Decatur charges that,
while the Nebraska bill makes It ob
ligatory upon the acting governor to
so district the county that each neigh
borhood should bo represented, Belle
vue Is unrepresented.
By the governor's tactics, however,
Bellevue was thrown Into tho Omaha
district where her host Ha vote was
safely swallowed. But Bellevue voted
for a distinct set of legislative enndt
dates, and tho tabulnted vote Is an
interesting pago of hlBtory.
Bellevue, determined to emphaslzo
to tho utmost her distance from her
.northern rival, threw most of her vote
for dolegato to Congress to a resident
of the far South. Savannah. Missouri
Napoleon B. Gldrtlnrs while Omaha
voted for Hadloy D. Johnson, actually
of Council Bluffs but constructively
or Omaha.
Tho Bellovtio candidates contested,
or rather attempted to enntost tho
serts of tho Omaha candidates who
had of course received certificates of
election from Governor Cumlnc. Tn
tho council thoy made a tost of A. W.
Folllstor's claims. On tho second div
of tho scslon. by tho close voto of 7
t' (5. Dr. Geo. L. Miller of Omaha was
cboson chief clork over Mr. Tsnac R.
Alden. tho temporary clerk, who, be
ing from Washington county and
Florence.- presumably was not, sound
on tho capital nuestlon; O. F. T.nko
was chosen npslstnnt clork, R. A. Low.
Is, Bor.cren'tt-nt-nrmH nnd N. "R, Fo
som. doorkeenor. Then Mr. Mitchell
offornd a resolution "'at. a committee
of threo' bo appointed to Investigate
tho claims, of A. W. Holllstor of Doug
las county to a seat. In this body."
which on motion of RIchardBon of
Douglas was tnblod. A similar reso
lution on behnlf of B. Y. Sholloy of
Burt county who. according to tho
roturns, had received 2f votes against
32 for FolRom. tho sitting member,
met with similar treatment An at
tempt of the nntl-Omnha forces to
take up these resolutions on the fol
lowing day was unsuccessful. On the
24th a resolution by Mr. Folsom to
Inquire Into the right of Mr. Mitchell
to a seat on tho ground "thn't he Is
not now and never has been a citizen
of Nebraska, but that he Is a citizen
of Iowa," was met by another from
the other side making similar charges
of non-residence against Folsom, Rich;
ardson, and Sharp, the president; and
then came a resolution by Mitchell
that Goodwill of Douglas was Inelig
ible because ho wns a resident of
New York, nnd another by Goodwill
charging that Nuckolls of Cass was a
minor. These resolutions were all re
ferred to the committee on elections
from which they were never reported,
probably on the ground that it was
not worth while, since tho reasons
for the Investigation were admitted
on nil hands and could not bo denied.
Resolutions calling on the" governor
to furnish the council with the original
census returns and his instructions
to census takers were referred with
safety to tho same committee, since
two of its three members wero from
Douglas county.
On the 6th of February this com
mittee reported that It was "Inexpedi
ent" to further investigate the subject
of contested seats, a word fitly chosen,
considering tho peculiar character of
tho objections raised to the claimants
of seatft nnd the Impartiality of their
application! As Mr. Shelley had nt
lenst a plausible case against Mr. Fol
som, based upon tho number of votes
ho received and not upon tho delicate
ono of non-residence, he was allowed
the pay of a member up to Febru
ary G.
In the house, on Mr. Poppleton's
motion, Mr. Latham of Cass was cho
sen temporary presiding officer, and
Joseph W. Paddock was appointed
temporary chief clerk, George S.
Eayre, assistant clerk. Samuel A.
Lewls, Bergeant-at-arms. and Benja
min B. Thompson, doorkeeper. As In
tho council, those membors were rec
ognized who held certificates of elec
tion from the governor. In tho Joint
session, Doyle of Dodge and Decker
and Maddox of Pierce refused to re
ceive the official oath from Governor
Cuming.
On tho second day Andrew J. Hans
com of Douglas was elected speaker
by a vote of 18 atralnst 7 cast, for John
B. Robertson, of Burt; Joseph W. Pad
dock of Douglas was elected chief
clerk' over Mastin W. Riden by a like
vote; George S. Eayre, assistant clerk,
over Mastin W. Riden by a vote of 19
to 7, and Isaac L. Glbbs doorkeeper
without opposition. Rev. Joel M.
Wood, member from Fornoy county.
seems to have acted as chaplain of
tho house for the first week of the
session, although Rev. W. D. Gage of
Nebraska City had been formally
elected to this office. The council
took no action for the selection of a
chaplain until the fifth day of the ses
sion when, by resolution, the presi
dent was authorized to Invite Rev.
William Hamilton, of the Otoe and
Omaha mission, to act in that office.
It does not appear, however, that
"Father" Hamilton ever served as
chaplain, but the record shows that
Mr. Gage actually served a part of
the time in the council and also in
tho house.
A determined fight was at once be
gun by tho anti-Omaha members In
favor of contestants against those
who had received certificates of elec
tion from the governor. Archie
Handley of Forney county contested
the seat of Wood, Benjamin Winches
ter of Washington contested against
Arnold, and J. Sterling Morton and
Stephen Decatur of Bellevue against
A. J. Poppleton and William Clancy
of Omaha.
On the 17th, Decker of Pierce of
fered a resolution for the appointment
of a committee of threo "to examine
the certificates of members of the
house, and to Inve&tlgnto tho claims
of those contesting seats." which was
rejected. On tho 24th Mr. Poppleton
moved to amend rule 53. which was
similar to Decker's resolution, so as
to restrict the duty of tho committee
on privileges and elections "to exam
lno and report upon tho certificates
of olectlon of tho members returned
to serve In this houso." The opposi
tion exhausted all their parliamentary
resources ngnlnst tho passage of tho
rule, but It was finally adopted by a
voto of 13 to 12. This was an ap
proximate division of tho Omaha and
nntl-Omnha forces on tho capital ques
tion. It is interesting to note that
this violent measure was supported
by tho same members, who, with the
ndditlon of Robertson of Burt, two
days later, passed tho bill locating
tho capital at Omaha. The Palladium
sounds tills note of disgust nnd de
spair: "Governor Cuming's appointees hav
ing tho majority and being reluctant
to have their claims Investigated, yes
torday they mado it a rule of tho
house that Cuming's certificates wero
tho only ovldonco which had a right
to come boforo tho houso in tho mat
tor. And this in Nobraska,, and en
acted by tho vory men who are so
loud In tholr praises of popular sov
ereignty! Oh! Shamo! whorois thy
blush?"
TO BE CONTINUED
(No. 23)
but He Didn't Bite.
First Chauffeur Gimme a chew,
Bill.
Second Chauffeur Sure. Take one
out o' my spark-plug.
The 8ecret of Roosevelt's Power.
"Theodore Roosevelt is no braver
than many another man, who has fall
en in struggle against Mammon, but
he hos the moral vision. It Is often
more difficult to know the right than
to do It. A broader education than
any man has brought to the White
House since Jefferson's day, n life
unstained by vice of any kind, a clean
mind and a boyish heart, simple, con
fiding, and just, have combined to keep
Thcodoro Roosevelt's faith in God and
his belief in the common honesty of
the common man uuseared. And when
a man has these two convictions
welded into his soul, he plays no tricks,
lays no ambushes, relies on no strat
egy, but, seeing his duty, goes to It
joyously, bravely, and with wise di
rection and simplicity. Roosevelt is
not leading a double life, as his ene
mies secretly believe. He will not bs
found out; because there Is nothing to
find out. He is merely primitive. He
has the gaiety and optimism that be
longto youth, and youth is not a mere
physical adolescence; it is that state of
'soul which men keep so long as they
have not smudged their ideals and
trifled with their consciences. One
may be a boy at eighty, or a man at
fifteen. But whoever has youth, has
faith, and given wisdom with faith,
strength and courage are but the other
side of the shield. Perhaps that is tho
meaning of the prophecy: "And a lit
tle child shall lead them." McClure's.
Loss of M!morv.
"Now, Mr. Jones," said the lawyer
to the defendant in one of the Stand
ard Oil Investigation cases, "you say
you were the president of the Sky
light Oil Company?"
"Yes, sir."
"Who was back of the company?"
"I cannot remember."
"To whom did you make reports?"
'It has slipped my mind."
"Didn't you know all the time that
it was a branch of the Standard?"
"I can't remember whether I did or
not."
"Didn't you ever receive instruc
tions from the Standard ?'
"I can't recall."
"But did you regard the Skylight as
an independent company?"
"If I did or din ot it has slipped my
tuind."
"You have a very slippery mind,
haven't you?"
"I can't remember whether I have
or not."
"Mr. Blank," continued the lawyer,
"do you remember whether you had a
father and mother or not?"
"It seems ns If I had, but I wouldn't
vnnt to be positive on that point."
"Well, hero's nnother: "Are you a
half fool or were you bribed to forgot
things?" .
"I can't say, sir. I can never remem
ber anything unless I write it down.
Sorry, sir, I'd like to remember every
thing that's happened in the last
hundred years, but I was born with a
weak memory. I had an umbrella
when I came into court, but I have
forgotten what I did with it and shall
never see it again."
Joe Kerr.
Cultivate the herbs of character and ,
uproot the weeds.
Wanted, a Jap.
Do you supply Japanese servant
girls here?" anxiously Inquired tho old)
lady at the Intelligence office.
"No, madam," was the reply. "There
arc no Japanese servant girls to be'
had." "
"Then could I get a Japanese man
to do general housework?"
"I have none on the books. Wouldn't'
a German or Norwegian girl suit
you?"
"No-o."
"I have several Scotch and Irish
girls."
"But I wanted a Japanese."
"Sorry, ma'am. You might come in
a few days from now."
Three or four days passed and tho
old lady made her appearance again
to say:
"I hope you have got a real nice
Japanese man servant for me."
"Sorry to say, I haven't," was tho
answer. "Perhaps I could get you a
Chinaman."
"No, he wouldn't do."
"You seem very particular, ma'am,"
"Yes, I suppose I do, but, you see,
the matter is just like this: I have
beea reading the newspapers."
"Well?"
"And they say we are going to have
war with Japan."
"I hope not."
"So do I. You see, I have a summer
residence on the Pacific Coast. If I
had a Jap in my employ and war broke
out I'd aBk him to please ask his gov
ernment not to bombard my summer
house and knock the copola off and
break all the windows, and I guess;
they'd be kind enough not to do it!"
Joe Kerr.
New Kind of Eraser.
The late Dr. Henry Martyn Field:
some years ago related at a Williams
alumni dinner a rather amuBing inci
dent of his freshman days at college.
Being only 12 years old when he en
tered, he had not reached tho point
where the natural friction between the
big boy and the small boy ceases, and
he was at particular feud with one of
his fellows, a stalwart country youth
from the farm. One day young Field:
went early to the classroom and put
upon the blackboard it very exasperat
ing caricature of his enemy, with his
name beneath. When the aggrieved
party saw what had been done he said
not a word, but catching up his youth
ful tormentor he used him as an eras
er, and after rubbing out the offensive)
picture quietly took his seat.
Intolerable
As every one knows, the great Von
Moltke never wasted words and de
spised anything that approached gar
rulity In others. German army offi
cers are fond of telling an anecdote
illustrative of this peculiarity:
Von Moltke was leaving Berlin on a
railway Journey. Just before the train
pulled out of the station a captain of
hussars entered the general's compart
ment and recognizing him, saluted
with, "Guten Morgen, Excellent! "
Two hours Inter the train slowed up
at a way station. The captain rose,
saluted, and with another "Guten Mor
gen, Excellenz," left the train.
Turning to ono of his companions,
Von Moltke said, with an expression
of the greatest disgust. "Intolerable
gns-bng!" Harper's Weekly.
Hurts Trade.
"It is a fact that that fool expres
sion about handing people a lemon ii
hurting tho lemon trade," said a gro
cer. "People who really want to buy
lemoris nro afraid to ask for them
There wns a women in here this morn
ing who hung around for quite a while
after making her purchases as If she
wanted something elso, but she finally
went away without buying anything,
By and by her little boy came In and
bought a lemon. Ho said his mothei
hnd intended to get it, but she was
ashamed sto ask for It. . There are
plenty of other people In the same fix.
It will be a good thing for trade when
"that idiotic saying becomes' a back
number."