J l. 3 6 THE NEBRASKA INDEPENDENT October 26, 1 899. V i v s 1 ? I I ' ' l i ; ! . J III LINCOLN'S EX-POLICE JUDGE. The Republicans Nominate the Favorite of the Tough Element. SHALL HE BE MADE COUNTY JUDGE? There is no office to be filled in Lancaster county, or any other county for that .... . . a 1 1 i. a a j If. I .1 1 1 I J.. matter, which is ol more importance man mat or county juage. lie is w uoiur nd administrator of the most sacred of trust funds all that widows and orphans have after the death of their protector. Upon the honesty and uprightness 01 the county judge, they must rely for the handling and distribution of their estates. No man should be nominated by any party for that office who has not a long estab lished record for honesty and uprightness in all his dealings. The republicans have nominated for that position Lincoln's ex-police judge, Frank Waters. It is not only proper but important that all voters of every party should know the qual ifications of the two candidates who have been nominated for that office. The two candidates are Frank Waters and Fred Shepherd. To most of the business and professional men of Lincoln, investigation will not be necessary, but to some others, especially thpse who live in the (WUPtry, it will. J'hree years ago Mr. Waters had finished hi second term of office as police ge of Lincoln, and was soliciting a third term, urging as a reason for ucn un 9iiai Rccgpition. ttat be needed it to put him on his feet He had his third term and bow, (bough but a year has elapsed, he is again asking for office, this time the 3tha ooUHty judgeship, and upon the same old plea. His record not only does not support his claim, but it show him absolutely unfit for. the place. He is alike un aafe and Incapable. As police judge he had to be forced to pay into the school fund the fines col lected by him and appropriated by law to that purpose. " During his incumbency be failed to make reports and remittances of school moneys taken in upon fines and costs; and the school board set on foot an investi gation in which it was finally reported that Waters was 12,000.00 short. Neither the newspaper files nor the council records indicate that he questioned the right f the schools to the money. In fact he said at once to the Call reporter that he had not done as he should have done. And after the delay necessary to borrow the money, he paid into the school fund several hundred dollars, thus admitting the temporary embezzelment, and acknowledging the merits of the board's invest igation. If the reported shortage of 92,000.00 was correct he is still in default of school money. If he paid in all that was due, it was enly after the board by its investigation forced him to do so. Extracts from the current files of republican papers show the facts. From the News of November 3, 1893. , "WANTS THE MONEY. Scbool Board Starts an Investigation or Judob Water's Accounts. No Report of Receipts and Fines Made News, November 3, 1803. "The school board has started an investigation, and it promises to develop some sensational features. Police Judge Waters is the man whom the board is after, or rather the money he should have turned over is what they want. October 1 is the date when some interest coupons fell due, and as the fines from the police court usually mount up into the thousands there should be at least 12,000 on hand. Mr. Bullock (secretary of the board) asked when Judge Waters had filed his last report. He was told that the April report, filed in May was the last These facts were reported to the board at the meeting held on Wed nesday evening, and a resolution was passed by the board authorizing an invest igation of Judge Water's books. The statutes provide that the police judge shall report at the end of each month S list of all cases instituted in his court under the ordinances, and the disposition made of them, with a statement of the tines and penalties received by him, and he shall at the end of eah month pay to the treasurer all tines received by him in cases arising under the ordinances. In the event of failure to make such report for the period of ten days after the council makes a demand for it shall be cause for impeachment " " The figures for last year shows that from June to October inclusive the police judge turned over to the city treasurer for the school fund $3,208.50, and to the police fund $1,085.40. J udge Waters states that he will file his Mat report today and turn over some 900 for the use of the board. From the Call of November 3, 1893. "INVESTIGATION. The School Board They Begin on the Police For tome days there have been whispers abroad that the school fund was not "getting, and has not for some time been getting, its lawful money from the police I courtmoney that comes from fines and licenses, and which belong to that fund. Last Tuesday evening, a resolution for an investigation into the records of the police court was introduced and passed by the board, and today Clerk Bullock and Miss Hedges, a short hand reporter, are engaged in the work of going over the . books. .: t . ... it'1 f. . . - There is all sorts of talk of shortage and crookedness going about, but until ' more is known The Call prefers not to give wider range to it. Jndge Waters says that his affairs are all right, and that on next Tuesday even ing he will make a report to the council that will show them to be straight and correct 1 Ha ADMITS THAT HIS REPORTS Of HNB3 AND UCKNSBS HAVE NOT BEEN MADE AS PROMPTLY AS THEY MIGHT HAVE BEEN, BUT SATS HE CAN SHOW GOOD REASON VOB THE DELAY." No good reason was ever shown to the public, and indeed no reason at all. Not a word is said in the Call of Nov. 8, 1893, reporting the council proceedings of the evening mentioned, and no reference to the promised report appears in either the , News, the State Journal, or the council record of that time; and a search of the records for months afterward fails to disclose an explanation, All of the records of the school board fully corroborate the above. The upshot of it all is this. Can the people of Lancaster county afford to have the estates of its widows and orphans in the hands of a man who must be forced by investigating committees to do his duty and to account for trust moneyf The Independent maintain that the office of county judge should be filled by a man who, of his own free will, can be depended upon to account to the widows and or phans whose interests lie in his charge. Nor is this all the charge that has been laid at Water's door on account of the ' misappropriation of costs received by him on page 219, date of June 1, 180G, appears "Whereas there is comintr continuously fees on costs and whereas the police judge has heretofore notified the council that. ne will not turn them into the police fund as required by law, therefore be it: Resolved by the mayor and council that the city attorney be instructed to begin suit to recover from said judge and his bondsmen all such fees that have been re tained by him." In connection with these important matters, certain other facts are peculiarly significant The law requires the police judge to file monthly reports in the office of the city clerk; and while the files of that offie disclose such reports from Goff, in 1873, through the administrations of Green. Taylor. McLean. Dales. Cobb. Montgomery, Parsons, Whitmore, Houston, Foxworthy, Iiorgelt, and the present incuninant, Judge Comstock, the most - from Waters during the entire six years ol this ottlce has made a thorough search, and the city clerk, after full investiga tion, stated on October 11, 1899, that he would "give it up." He could find nothing. The law requires books of police record; and' the law, practice and custom de mands that they be kept at the office of the judge in the city building. . But during the entire latter half of his term of office Waters kept on'.' the current record at his office, and that under lock and key; and the remainder of the records at his home where the public could not have a chance to see them. For months after the expiration of his term of office he retained them there and only upon the demand of a citizen and upon the sending of an officer and the patrol wagon by Judge Corns took to Water's house were they returned. And further, for all the time he occupied the office of police judge not one file of the papers in any case remain to tell the story. I The Independent says that these things are enough to condemn Frank Waters as an aspirant for county judge. The duties of the county judgeship should be administered decently and in order, and according to law. And in addition to this the voters of Lancaster county should know and remember when they go to the ballot box that Frank Waters has been as unreliable in his personal business affairs as he hasbeen neglectful of his public duties. Good men frequently have past due obligations against them, but good men do not habitually pass checks upon banks in which they have no funds; and while ! good and honest men sometimes fail in business, no honest man would earn the reputation given Waters by the grocers and other retail dealers in Lincoln. For many years he has been quoted by the merchants of Lincoln as being unworthy of credit, and was listed "Require cash." Let any man doing business in Lincoln with retail dealers ask the man with 'whom he trades to see his blue book and look up the standing of Mr. Waters, for himself, . In 1898-9 one dealer votes him slow and the others "require cash." Waters has always had the enthusiastic support of the Budd Lindsey-Frank Graham outfit, and it is this same crowd that in now using every means to elect him. An examination of the election returns shows that he always had large ma jorities in the districts where saloons and houses of ill fame flourish, and that he failed to carry the reputable residence districts where his party normally had overwhelming majorities. Here are some of the records from the police court where Waters presided; Docket 6, cafe No. 'M and No. 2347, against Budd Lindsey for violations of liquor law. Each wise continued wvn ilines and finally dismissed without any action. Cases No. 2.721 and No. 2791 ngainst Lindsey for selling liquor on Sunday, were dismissed, 'l'be records do not show when or why. Ca-e No. 2S(K). docket 7, L. L. Lindsey arrested September 20. 1893, for selling liquor at 2 o'clock at night Cusa continued to Oct 7, to Nov, 9, Nov. 18, and to Nov. 20, when trial was bad. Six reputable citizens appeared) as witneses for the state and gave conclusive testimony. No evidencu ok any ki jd was oflV'ed.by the defense H,e ense whs then continued to Nov. 30 to enalle Lindsey to file a - ??lk rt'''cr -l shows that a iViefwas tiled on that day, but the case 'was de-; . '"--Wv-AMiBjceV was made is not knownJl Since Last May, and no Money Paid Over.' Looking After Funds. Court Records This Afternoon; as police judge. In Council Record 15 the following: into the hands of the notice iudc-e officers careful search cannot discover a single one of his incumbency. A man at the request but no record was made as to the final disposition of their cases. It may be they were deposed of by the star-chamber method bo popular in Judge Waters' ad ministration. The man who ran a court of that kind, it is now proposed to put in charge of the estates of the widows and orphans of Lancaster county cases in which there are often involved large sums of money, many times running up into the thousands. Do the reputable citizens want that kind of a man elected to so responsible an office? Contrasted with this record we take pride In referring to the character and rep utation of the fusion candidate, Frederick Shepherd. Mr. Shepherd has lived in Lincoln twenty-seven years, was educated in the public schools and State Univer sity; and for ten years has been a highly esteemed and successful member of the Lancaster county bar. Large and important interests have been in his hands, ia the care of which he has fully demonstrated his honesty as a man and his ability as a lawyer. CHAPLAIN MAILEY IS A FRAUD. DECLARED THE ANNEXATION OF OF EVERYTHING HELD lie Slander Both Col. Colton and Col. 8totenbnrg Official Letters Written to the Governor and Congressman. The authorities at the state house finally reconsidered their decision not to give out the letters of Chaplain Mailey, which were on file there among other public documents relating to war. The Independent has insisted from the beginning that they were public documents and that every citi zen should have access to them. The following is only part of them: Lincoln, Neb., Oct. 19, 1899. Governor William A. Poynter, Lincoln' Neb. Sir: I have the honor to invite yonr attention to the. enclosed letters of James A. Mailley, late chaplain Fisrt Nebraska Volunteer Infantry. , The letter of August 5, addressed to Governor Silas A, Holcomb, pro tests against the appointment of Lieutenant Colonel George R. Colton to succeed Colonel John P. Bratt, about to resign, and recommending Colo nel John M. Stoteenburg to be promoted colonel of the regiment His letter addressed to Honorrble W. L. Stark, date of January 30, in which ha urges Mr. Stark to oppose the annexation of the Philippine Is lands, as it would be a gross violation to every principle dear to American hearts; but I invite your special attention in this letter, to his change of frout on Colonel Stotsenburg. I think these letters will disclose the hypocricy of this man, and I would recommend that they be given publicity, so that the public may see this man in his true light The letter of January 12, addressed to Colonel Stark was forwarded to me by Colonel Stark for my information as to the status of Colonel Stotoenburg at that time. The letter ..peaks for itself. . Very respectfully yours, P. H. Barry, ( Adjutant General. Executive Chamber, Lincoln, Neb., Oct 19, 1899. General P. H. Barry, Adjutant General, Lincoln, Neb. Dear Sir: Replying to your communication of the 19th instant I would say you are at liberty to make public any letters in your office which you think would be of public interest, this especially applying to those letters to which you refer in your communication. Very truly yours, W. A. Poynter, Governor. Manila, P. I., Jan. 30, 1899. Hon. W. L. Stark, 11 Washington, D. C. My Dear Friend: Yours of December 21 is at hand. I thank you for giving the matter your attention, I, as well as others here, feel that we should now be home had not some dirty work been done somewhere. I have no doubt that it was the intention of the War Department to re lieve us with the regulars now en route; but things are in a very unsettled condition here at present. The natives are determined to be satisfied with nothing short of Independence, now or prospectively, and declare them-f 1 selves ready to fight to the death rather than to yield. I read their papers regularly (printed in" Spanish) and, if the utterances of their editorial writers are any index to the sentiments of the people, our work is cut out for us the moment it is known that the policy qf our administration is an nexation. ' At the adoption of their constitution at Malolos, not long since one of their speakers (the prindipal one, in fact) said: "We are ready to destroy all things, in our struggles for liberty and independence, and to dig a large grave for ourselves and our invaders." The annexation of these islands against the wishes of this people would be a violation of every principle held dear by American hearts. It must not be; and I hope you will fight it. ,' . A word about Colonel Stotsenburg, on the dead, He has applied through military channels for an original colonelcy in one of the new regi ments to be created in the expansion of the regular army. It is the hope of this entire regiment that he will not get it. He is very unpopular and deservedly so. He is one of the most selfish of men, and a martinet. What few friends he had before he was made colonel have become soured upon him. When this regiment is mustered out he will be the most un popular man in Nebraska. To make an impression upon the generals at general inspection, he is drilling the men very hard; and this, in connec tion with the outpost duty they have to do, is telling on them severely. Our sick list, which fell off rapidly after we came to camp, is again climb ing up. The regiment is again beAig used as a tool to further S's personal schemes. Oppose his appointment and get him recalled to his own regi ment, and you will earn the eternal gratitude of the First Nebraska. This letter is strictly personal and private. Am well. Yours truly, Jamkb Mailley, Chaplain, 1st Neb. Vol. I hereby certify that the alwve is a true copy of the original letter of Chaplain James Mailley, now on file in this office. P. II. Barry, Adjutant General. Manila, P. I., Aug. 5, 1898. Governor Silas A. 1 lolcomb, Lincoln, Neb. My Dear Governor: It is generally assumed in the regiment that Col. Jno. P. Bratt is about to go home; and of course this has brought up the question of his successor. I am creditably informed that a petition is be ing circulated favoring the appointment of Lieutenant Colonel Colton. It is my general policy never to interfere unless I am called upon to do so, by the requirements of my office. And I interfere in this case with re luctance because I know that you are aware of Colton's antipathy to me on political grounds. However, I beg to assure you that I am not prompt ed to my course by any personal considerations whatever. ' Whatever dis agreeaole features may have been coneected with my appointment as chaplain, they have long since passed away, and no mau could be treated better than I am by all the officers and men. But Sir, I write to most solemnly and earnestly to protesta gainst the ap pointment of Lietenant Colonel Colton as Colonel of the First Nebraska Regiment I do so because and solemnly because I am compelled to by an honest interest in the moral welfare of the men under my care as chap Iain. That Colonel Colton is a good officer none can deny; that he is a brave man I know by personal observation. I object to him upon the ground of moral character. I myself have seen him under the influence of liquor, and I can prove that he has tried to persuade young enlisted boys to drink with him. I do, not care to be more specific in my statement. - I could be, if it were necessary. Unless he changed wonderfully, this ap pointment as colonel could not but result in great moral injury to the reg iment We have a man who is fully as brave, more thoroughly schooled in military affair, and who adds to this a spotless moral character, a man ly carriage and a gentlemanly bearing. I refer to Major Stotsenburg. Regards to all my friends. Most respectfully yours, James Mailley, ; Chaplain, 1st Neb. Vol. I certify that the above is a true copy of the original letter of Chaplain James Mailley, now on file in thi office. , ' P. II. Barky, .,;'..,; iV'1:;' " " ' ' Adjutant General. THE ISLANDS A GKOSS VIOLATION DEAK BY AMERICANS. Clippings. A MIGHTY MEAN MAN. First McKinley says forcible annexa ation is "criminal aggression." Then after he has forcibly annexed the Phil ippines he says that "this territory has come to us through the providence of God." It is a mean man who will blame God for his own mean acts. Hutchin son Gazette. LOOK AT IRELAND. Look at Ireland and see what eight hundred years of imperialism has done there. For all these generations, im perial England has been "crushing the rebels," hunting down the "copper heads," hanging the "traitors" and ex iling by the milion the "ungrateful and treacherous" natives. Pittsburg, Kan pan. THE STERLING SUN. The liar's belt should be give: to the Sterling Sun for the following brilliant effort in thai line. It says; "J. W. Bryan has had a remarkable political career, which is surely coming to a close, but he will have secured, what he remarked in his opening efforts he most desired, "the money and not the honor of office," He is today a rich man all made in politics." , THESE BEING THE FACTS. The fact that Custer county was $46,000.00 in debt at the time the popu list party took hold of the affairs of the country nine years ago coupled with the fact that it is now out of debt brought about by the economical management of populist officials during the past five years of panic and drouth is sufficient reason for every voter is the county to cast his vote this fall for the populist party nominees. , No party in existence could have done more for the county. These being facts, why should there be a changer Custer County Deacon. NOT TO BE TRUoTED. The man and the party that would hoist the American flag over the slave pens and harems of the Sulu Islands are not to be trusted as guardians of the lives and liberties of the people here or anywhere else. Their principles, morals and religion can be expressed with a dollar mark. National Watchman. WHY NOT? . In the recent Chicago .election it seems that a Referendum was had on two questions: the establishing of kin dergartens, and the the admission of the suburb of Austin into Chicago. Both were carried by large maturities. Why can't r.xally vital questions, like the street-car question, be submitted to a Referendum? The people of any city should have a right to demand a refer endum on such a vital question. The laws and constitutions of the various states should be changed accordingly. McKINLEY SOLDIDRS. Two negroes were released from the from th Topeka jail last week where they were confined upon charges of fel onous assault And why do you thftik they were given their liberty, dear but verdant reader? Do you suppose that it was because they were found to be innocent? Well, they were given the latest brand of liberty the Dili Mc Kinley and Mark Hanna Brand. They were turned loose in order that they might enter the United States Army and carry the blessing of liberty to the down trodden Filipino. Fine represent atives we are sending out on this mis sionfelons convicted of crime! Nice grade of soldiers wearing the arniy uni formprisoners from penitentiaries and jails. Appeal to Reason. TOUGHS FOR THE PHILIPPINES. Vhe kind of missionaries that McKin ley and the imperialistic preachers are Fending to the Philippine islands, can be gathered from the following Associated Press dispatch. Most of the editors of the great dailies blue penciled it, but it got into a few papers: Cincinnati, O., October 19. The 4Gth regiment of volunteers, enroute from Massachusetts to Manila, was delayed here by enforced drumhead court-martials on account of an epidemic of drunkenness. The first section arrived yesterday over the Chesapeake fc Ohio and held high carnival. They had whis ky secreted on the train. Col. Hegler immediately called a drumhead court martial, which tent thirty of the worst offenders to the Columbus barracks. As the other sections arrived during the day it was found that there was plenty of whisky aboard of them also, and the supply was greatly increased here, so that the four sections were all side tracked west of this city at Valley Junc tion for more trials and additional in stallments were today sentenced to the Columbus barracks awaiting further action. The trains after much delay finally got away for St. Louis tonight, CLOSED BY THE TRUST. Woburn, Mass. Oct 9. Several Wo burn leather manufacturers, who recent ly joined the American hide and leather combination with the understanding, they claim, that they were to be retained at the head of their respective plants, state that the agreement has been vio lated and they have been retired from active connection with the business by the executive board of the company. Now the announcement is made that in the interest of economy the factories of the Jame Skinner Leather company and the John P. Crand shop, here, and the William Tidd factory, at Stoneham, are to 1)0 closed. The last named is to be moved to Woburn. THE G. O. P. WAY. If a poor devil of a stalking laborer resists the laws, call out the nmlitia by by all means and kill him. But if a swollen corporation bribes court, laughs afjustiw, oppresses the weaK and robs the helpless, let us put a plank ugainst trusw in the next platform and ask for a contribution! J. J. Ingalls. ) LITERARY NOTE. ; "Tha Lord loves ordinary looking men." said Abraham Lincold. "That, is why he made ho many of them." This off hand dofi-n.se of democracy is quoted in the new life of Lincoln by N man ; : 7 Hapgood, about to be published by the McMillan Compauy, and a number of similar stories, to show the various sides of Lincoln's democracy. In using the sub-title, "The Man of the People, 'he author shows that this idea of "the first American" is carried throughout the work. . WHERE'S THE DIFFERENCE? If England is a pirate nation, what is the United States? Is not our course in. the Philippines on a par with the Eng lish course in the Transvaal? Where is the difference between Chamberlain and McKinley? Are they not both guilty of criminal aggression? Is it not a war for conquest on either hand? The only difference is that Chamberlain sins openly in the name of imperialism, and McKinley sins secretly in the name of benevolent assimilation. The editor who denounces England's acts in Africa and defends America's acts in Asia is either a fool or a hypocrite. Central City Dem ocrat LOOK OUT FOR BRITISH LIE& Attention was called today by a co lonial office official to the fact that the Transvaal government is effectively iso lated, from a military-news point of view, 'from all European and other outside friends, so far as the cable is concerned. The British control by its censors all the lines, even the Eastern cable, which starts from Dalagoa bey. It has one censor at Cape Town and oner at Aden. . The former is able to stop all messages by the Western cable; the let ter all by the Eastern. The Boer mail goes by Delagoa bay and all Transvaal state dispatches being, theoretically,, contraband of war, ships carrying them would be stopped on the high seas by British cruisers. No such course will! be followed by the British government,, however, though all cables for the Boer government are likely to be edited out of existence by the censors. George Townsend. THE PREACHER IN POLITICS. When a preacher of the gospel of the Christ drags his priestly robes into the political arena it is generally safe to re gard him with suspicion. The man who has dedicated his life solemnly to the service of his God in a priestly capacity will, if he be a true disciple of his Lord, , find so much labor at hand for the Master as to leave him no time in which to labor for politicians. Blaine owed his defeat to a blatherskite New Yerkr preacher, who made his church pulpit a political stump, and in seeking to aid Blaine, killed him. The injury to Blaine was not greater than the injury inflicted upon the cause of Christianity by that political preacher. The populists of Ne braska are just now suffering from the stings of a saintly serpent, who was once warmed in the populist bosom. We re fer to Chaplain Mailey, who, after re ceiving a good collection from the pops, and finding that source of revenue ex hausted, is now advocating a gunpowder Christianity for God's children in the Philippines, at the request and under pay of the imperialistic state committee. God pity the poor preacher who so far ttrgets his duty to his God as to quit advocacy of the gospel of love, and take up the cause of force and hate. God pity the Mailleys. whose love of lucre appears to be stronger than their love of Christ Papillion Times. t , REPUBLICAN FAIRNESS. As a sample of the fairness of the re publican papers their treatment of Lieutenant-Colonel Eager will serve. Mr. Eager is the owner of , the Nebraska In dependent, the leading populist state Eaper. In the recent big Lincoln fire is newspaper plant was entirely des troyed, He had not a dollar of insur ance, and was compelled to cancel all of his campaign meetings, in order to devote his time to restore his establishment The republican papers now say that he cancelled his meetings because his wbt record is not good, while the fact is that he was promoted on the recommendation of his superiors on the grounds of special fitness and valor. The Phonograph. A BAD LOT. Times cannot be so prosperous in re publican counties. The treasurer of Gage county issued 7,736 distress war rants for the collection of taxes, and then failed by f8,000 to get in as much money as his populist predecessor did during the years of crop failure. This delectable republican official charged himself on the fee book with 50 cente for each distress warrant and'collected from the parties $1.25, making a steal of $5,802. He has placed in the bank an average daily balance of $48,000, ac counting to the county for the interest on $28,000, which increases his pecula tions to $0,002. In addition to this he has been allowed a claim for "miscella neous items of office," to the amount of 82.202.03 when clerk hire and all known expenses, even to stamps, have been paid for him. $,4.t8 can thus easily be shown to be short, and many other charges have been preferred agains'rtim. Can't be that they nave the purifiid, re v generated republicans in Gage cmnty. V, The commissioners also republcnns must be as bad as their treasure - Reg ister. M'KINLEY AND LINOLN. "I do order and declare tlat all per sons held as slaves within said desig nated states and parts of sates ar and henceforth shall be free, md tbt the executive government of the United States will recognize ana maintain the freedom of said persorH." Abraham Lincoln. "Any slave in the archipiiigo is given the right to purchase Ais 'reedom by Saying his owner the sum if Twenty ollars." Wm. MKialey. Eay SUP Down II II 1. We've Jln J?w they love tte flag! And lipra'M JinKonoiie; Thai fl"K l l,t ,n ""7 nht. Our country rilit or wrong," Wo'v part Wins, Tliry'ra lower still. Anil tic r tun pany nr: Wtmn at V" P"s J" no sor.K Our fty UK"' or wrong." We've hqhllpr. Down not lu-r atpp, Anil P're thn Ik h nil or na "We talf no bltilT. we want the stulT, Our pckotit right or wrong." , Dr, Bill'e Cough Syrup fWnl mnt mpetantiiil comfort and b-eli consuiitivei; it works mrt reAinr cures. Don t despair. Relief tainWn had: a cure is possible wonojfrful remedy. , 7,1 r h i