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About The farmers' alliance. (Lincoln, Nebraska) 1889-1892 | View Entire Issue (Jan. 31, 1891)
THE TYRANNICAL OPINIO
The supreme court decided yesterday
that the joint resolution for the trial of
the contests most be signed by the lieu
tenant governor who is on trial for the
office, and must also be signed by the
de facto Governor Boyd, or passed by
a three-fifths vote over his veto, before
the legislature can proceed or take a
' single step to put either of these men
on trial no matter how great the ol-
matter how they came by their offices
and this in the very face of the consti
tutional protista giving the legisla
ture the sole power of hearing and de
ciding such contests and settling them
by a bare majority of the members
elected to the two houses upon joint
vote ;-: ' -:.. '2 :r
The fflpreme court in effect amends
the constitution by its decision and in
corporate into it the provision that in
stead of the legislature having the right
to try contested elections by a joint
vote of this two houses, they have the
right to try them after they have first
obtained consent of the lieutenant gov
ernor who is upon trial and the govern
or who is upon trial, or in the event
of their refusal to consent,' by a three-
fifths vote in each of the houses sepa
rately oveu the governor's veto;
. The decision' of the supreme 'court
that an alien governor whom they have
by force foisted into the gubernatorial
chair has the discretiog and power tc
'veto acts of the legislature and prevent
his trial in the contest for crimes
I against 'the election laws 'charged
against him, and by which it is alleged
he obtained the office, is shocking to
the moral sense of every right-thinking
person. It caps the climax : of. the
fraud, wrong and iniquity charged
against him and for which he is shielded
from trial by this alarming decision. It
was admitted upon the argument as
(incontroverted law that in signing or
refusing to sign an act or joint resolu
tion the governor exercised judgment and
discretion the same as irould be exercised
by c judicial officer, and cannot be con
- troiiea oy manoamus or other pro
cess. Certainly when the interests of
all the people of the state are involved
and his own rights to the office as well,
few questions could be brought, before
a court which involve matters of great'
xne aecision 01 tne court and every
principle underlying it is at war with
and in defiance and violation of the
principles regarding such matters that
have been laid down in every civilized
state and country. Even by legislative
enactment no such power as this su
preme court has awarded to the alien
governor could be granted by the most
solemn act of legislation. The supreme
court of New Jersey decided In 2S
Broom 44 that the rule that a man can
not oe a luage in ais own case is so
fundamental that the legislature cannot
destroy It, and that the decisions of the
English courts are in the same direction
even as respect acts of parliament
where the parliament is supreme and
not limited by any writteaeonstitutiob,
Lord Coke declared while sitting ju
diciauy that an act of parliament to
make a man his own judge in his own
case is voia in itseu, because it was
against the immutable laws of nature,
Judge Cooley in his work on Constitu
uonai Limitations, the standard text
book in every American tate, declares
that the legislature has not any power
to abolish the maxim which is among
the fundamentals of judicial authority
To empower one party to a contro
versy to decide it for -himself is not
within the legislative authority, be
. i .
cause in is noi ine es:aDiisnment or any
rule of action or decision, but is a plac
ing of the other party so far as that
controversy is concerned out of the
protection of the law and submitting
him to the control of one whose inter
ests it will be to decide ' arbitrarily and
unjustly. , . ; - .
The court of appeals in New York in
Cole vs. Aspinall declare that a party
cannot be both judge and party, ar
biter and advocate in tJe same case."
Mankind are so agreed in this princi
ple that any departure from it shocks
their common tense and sentiments of
justice. ; i. " . ' ;
Chancellor Sanford declares in a
great case that "it is a maxim of every
code in every country that no man
should be a judge in his own cause;
that it is not left to his discretion or to
his sense of decency whether' he hall
act or not; that when his own rights are
in question he has no authority to de
termine the cause, and that he eannot
act even by consent; that the state is
concerned, and 1 that ' while a party
who desired it might be permitted to
take the hazard of a biased decision if
he alone were the sufferer for his Colly,
that the state cannot endure the scan
dal and reproach that would be visited
upon its judiciary in consequence. ,
The court of chancery of New York
declares (1 Hopkins) that "the learned
wisdom of enlightened nations and the
unlettered ideas of ruder societies are in
full accordance upon this point, and
wherever tribunals of justice have ex
isted all men have agreed that a judge
shall never have the power to decide
where he is himself a party.?. ,
The supreme court of the United
States in its best days declared that to
permit a man to be judge where he was
interested was against " the genius and
nature and the spirit of our state gov
ernments and amounted to prohibition
THE FARMERS' ALLIANCE, LINCOLN, NEB., SATURDAY, JAN. 31, 1891.
of such acts of legislation, and that the
general principles ef law and reason
forbid it." .
The tame rule of serse and decency is
applied universally in election contests
where it is held that in no event can a
person be a judge in his own case.
Brightey's election cases; Massachusetts
election cases; Ohio election case's.
The court goes further, here and of
fends the whole state, and declares that
an alien can sit above the people and
above the law and above the constitu
tibn in stolen robes of authority and
treat the peoplo of the state with con
tempt. KEEPING THEM PEACEFUL.
Gen. Miles in his congratulatory order
to his troops rn the close of the Indian
war, says: .
'The work of disarming tho hostile! has, in
Urge measure, been accomplished, but will
be continued by a portion of the ,oommnd
now In the Held and by the agency officials.
So soon as practicable the troops will return
to their stations and will take with them the
assurance that their service have been of
great value to their country in suppressing
oneof the most threatening- Indianoutbreaks.
and that they hare been enabled to keep be
tween the hostile Indians and the unprotected
settlements to the extent that not a citizen's
Mfe has been lost beyond tho boundaries of the
Indian reservation.''-v , ,
The Chicago Tribune says V the disarm:
ing of the Indians is now the most ur
gent step in the preliminary work of
keeping them peaceful, etc. -t
Tes, the dissrming of thorn w also a
necessary preliminary step to open
market for the sutlers and squaw men
to sell them VV inchesters and amunition
There are quite a number of squaws and
pappooses who will remain "peaceful.
The murder of those women and chil
dren, and the whole unnecessary war as
well, is a blot on our civilization. There
is nothing like it since the massacre of
a Scottish clan by order of Lord Stair,
in the reign of William and Mary.
What to do Now.
' Why should not the two houses be in
session and at their work during the
recesses of the joint convention? Is
supposed that the component parts of
the convention lose their identity while
the convention is not in session? We
see no reason whatever for suspending
business while there is time to do it,
There is so much good work that might
be done. The railroad committees of
each house should report bills, pass
them into committee of the whole and be
getting them toward perfection. This
would draw off some of tho railroad
cappers who are now giving their sole
attention to the contestand occupy
them in their true line. It will take
more men to run an additional branch
of the oil room. V J
There are some investigations that
might profitably be started. There are
some arrangements connected wkn the
penitentiary that might profitably be
looked into. It may be found wise to
change the present method of "employ
ing convict labor, and it may not be t
oad idea to ascertain hew vhe present
contract was obtained, and what it is
WOlth, r',y:"':r j!:". "-
It may be desirable' to start an inves
tigation as to the ' use ot corruption
money at Lincoln in the late campaign
the number, disposition and object
of several thousand passes that were
distributed here, and whether the
treasury of this state had any connec
tion with that mattei. And as the con
testees have so much time at their di
posal, it may be well enough now to
have the condition of the state treasnrj
looked into. There are several hun
dred thousand dollars somewhere, anrt
some people would like to know where.
A little curiosity just now might be o)
vast benefit to the state. .
Bystander to Dan. Freeman of Gagi
County "I understand you are going
to hang a man in effigy down in your
county." . '. ..- . , ..
Dan. Freeman, -'5To, sir, we are not."
Bystander. "You Lave given it uj
have you?" '
Freeman, '"No, " ai, me have not
We have only dropped ithe effigy part.'
GOOD FOR SHRADER. '
Explanation of his vote by Shraderin
the proposition to request the suprem
court to file its opinion as to concurrent
resolutions: "The supreme court hav
ing undertaken to run two co-ordinai
branches of the government, I a u iu
favor of the opinion being filed, and
therefore vote aye." '
THE KEY NOTE.
'I have the right," said Newberry of
Hamilton, when explaining , his . vote
yesterday, "to interpret One constitu
tion for myself, according to the best of
my ability." -
This is the key note. Is it the intent
of the constitution to make a co ordin
ate branch of the government ordin
ate to a usurping governor, or to put it
in the power of a governor to veto pro
ceedings for his own impeachment, or
block an investigation into his right to
the office. If so, poor constitution 1
tW Mr. Taylor . of Johnson said he
objected to asking the chaplain to do
the extra work which would be re
quired to convert the other side. But,
if the Lincoln ministers who offered to
do such work free would labor with
them, he would be in favor of giving
them a vote of thanks there utte any
BY THIS SIGN WILL WE CONQUER
The Pace for i8g.
The discussion of the past year has
shown that there are certain proposed
measures which are very generally ac
cepted by the public as desirable with
out regard to party lines. Those people
and their came is legion who desire
to form a people's party which will be
successful in 1893 will naturally look
for those principles and measures upon
which the largest number of voters can
be united, instead of striving, as they
seem to have done heretofore, to em
brace in a platform the principles upon
which the largest number of people dis
agree. A few leading principles upon
which all can agree, should be the
motto, instead of a' large number of
principles upon which nearly all dis
The following measures will unite
more voters than in any other equal
number of planks, and they should be
adopted as the rallying for 1802:
1; The free and unlimited coinage of
. The abolition of national banks
and the substitution of legal tender
treasury notes; and the increase of the
volume of currency to 150 per capita,
the same as In France. , , ' ..
3. Government ownership of all rail
roads, telegraphs and telephones. V
4. The prohibition of alien ownership
of land and gambling in stocks, futures
and options. , ;,. ;
5. The adoption of a constit itional
amendment requiring choice of U. S
Senators by direct vote of the people.
6. The Australian ballot system.
Upon this platform will tee conquer.
There are a great many different or
ganizations; air based upon the same
principles and having the same objects.
but each having its distinctive features
and each having leaders who are jealous
of their rights and zealous for the
supremacy of their respective societies.
These are to be harmonised and mould
ed into one homogeneous mass. How?
Manifestly' they cannot be united into
one society. It is equally plain that the
various tenets of all cannot be merged
and preserved in one platform. What,
then, shall be done? Simply this:
Ignore the societies and write their
units. In fact, the units of all these
societies are already in sympathy, and
only need a bond of union to rush
together. : So we propose that an
address be prepared embracing the
above platform, and a call for a
national nominating convention for
1892, and pledging the signers to vote
for the nominees of such a convention
Let this be circulated for signatures,
and five million can be obtained. Start
this ball rolling and the battle of 1892
A CONSTITUTIONAL CONVEN-
- . TION NEEDED. '
'" We have a state constitution wtach is
capable of different constroctSevs, and
contains some - contradiction and
anomalies. It was made for -a state
containing only a little over -250,000
population, , with - undeveloped re
sources, no schools to speak of, and at
a time when our people had a very in
adequate idea of the needs of the fu
ture. The state has grows away from
it. It needs more ' executive officers.
It is necessary that the nachiuery for
making fundamental changes should
beless cumbersome. It Should not be
necessary 10 wnip me ami areund a
stamp to receive a special supervision
over the railroads. Almost every one
is conceding that the eleofion of United
State senators by direct . vote of the
people is a much needed reform.
j.ne macninery to ' secre a conven
tion is itself very cumbersome a 'id
stow. irst, a three-fifths of the lecria
lature is needed when a maioritv
should be sufficient. A three-fifths vote
being had in its favor, the Question of
calling the convention is submitted at
the next election. If it as decided in
the amrmative the next taris ature pro
vides by law for calling one. It will be
seen that und o this routine three
years or more is necessanr to call a con
stitutional convention. The work can
not be begun too soon.
THE ALLIANCJb. GOING TO PIECES
Ever since a long time before elec
tion the Alliance has . been disintegrat
ing, if the old party press was to be be
1; J at . v i .
neveu. adoui govern txsr mere was
considerable skepticism about the dis
integration process. The prophets of
evil found it necessary to change their
base, and it was discovered that the
Alliance or the Independents could not
stand success, and they would soon dis
solve into their original elements, and
next year the vote of the old parties
would be as large as ever. Who knows
but that this prophecy might hacFe been
correct had not the old parties them
selves gone glimmering? Alas alas!
they destroyed this last fallacious hope
by merging themselves into a -dugusu
mg amalgam of discordant elements
The money power, the railroad power,
bourbon democracy, whiskey, the re
publican party. The solvent that
made the union of these elements pos
sible was official plunder. The Politi
cians who made the combination dem
onstrated the fact that they were in
spired by no principle that the party
loyalty they had so fervently boasted
on tne stump was a myth, and that all
they cared for was political power.
There is no democratic partv for the
Independents to go back to. There is
no republican party for them to go
back to. In making their vile fusion
the old party bosses have cemented the
Independent forces into a solid pha
lanx which will mow all the grass off
our prairies next fall and the next;
MIDNIGHT FOR THE FARMERS.
, The Far-reaching Cunning Hand
The decision of the supreme court
means vastly more than the seating of
It means the permanent placing of the
governorship or veto power of the state
in the hands of corporations and the
ine iarmers of this state for years
will obtain no relief, no legislation, ex
cept upon a three-fifths vote in both
Under the decision of the court these
slick manipulators and political rascals
will of course have tor years, a gov
ernor, as now, on the face of the
returns. Everybody admits they are
rascals, and mus. admit they are fools
if they do not. Now, as compared with
the farmer in these political methods,
Returns for executive officers, ly the
constitution, go directly from the county
clerks to the speaker of the house. No
inquisition, no .courts on the way, none
when they get there, no legislature in
the way, no objection, no obstacle, no
obstruction. The route now may well
be called the "great open way for polili-
col frauds Any eonscleuthxu hesita
tion on account of a huge fraud 6 crime
even that may exist at the., door ' pi The
state pome, m we speaker ana legisla
ture, his "fraudulency" is by law enti
tled to the aid of the supreme court to
lift him over, and he and the court are
entitled to sit down on that great de
partment of the state until the salvation
army comes around and converts him
from the life of wickedness that has
led up to his seat, and he consents that
the legislature may rise.
The decision plants ineradicably in
Nebraska's political institutions, all the
wickedly contrived- political corrupt
practices, means and methods that
these degenerate days In politics have
found out, and gives them the
countanance if not the sanction
and approval of the supreme court
The farmers cannot compete In politics
on these grounds, and the decision of
the supreme court has forcibly taken
away from them every other. The con
stitutlon withheld the right to scrutin
ise the ballots from all looal courts
from all Inferior tribunals which might
be Influenced by looal surroundings.
by sending the returns directly from
the voter to the great court of the peo
ple, the legislature. When this const!
tntlonat right was taken away by the
court, the way to the executive chair by
frauds of the most eollossal magnitude
was made absolutely clear.
Is there any doubt that it will be fol
In clearinr the war for them the da
clsion Invites and plants in the polities
of Nebraska, the ward bammer, the
striker, the repeater, dishonest election
officers and the saloon; and allures
them on in scandalous race to set the
'face of the returns, "which, whetter
fraudulent or not, are just as good for
all practical purposes in getting the of
flees these offices which offer the
greatest temptation, by reason of their
great patronage and spoils, to fraud,
and when their fraud is the least liable
to be punished because the result of it
is likely to be a local benefit instead of
a local injury.
Midnight to the farmer's hope is here
inetnira or veto power of the state
is practically and perhaps permanently
in the hands of the politicians and
their employers. When is any legisla
tion likely to be obtained? The sooner
the secret, far-reaching, cunning hand
can be seen the sooner the farmer may
loosen Its grasp. That this cunnimr
band, secretly perhaps, moved the su
preme court to its political relief, can
ttere be any longer any doubt? ,
CHANCE FOR A 5oo PRIZE.
Jacob Beck, of Decatur, Burt Coun
ty, Nebraska, proposes to be one of ten
or any number greaterthan ten, each of
whom shall give fifty dollars to create a
sum of money to be given to the author
of the best essay in answer to the fol
"What can the government do to pro
mote the greatest good of the greatest
number of, people without injustice to
The question to be 'decided by three
'able men who fear God, love truth and
hate oovetousness." The judges to be
chosen by the competitors for the prize.
Oneehall be a democrat, one a repub
lican and one a greenbacker. Essay
not to exceed in length Paul's letter to
Those wishing to put up fifty dollars
and compete for the prize, will notify
him of the fact; and have their essays
ready by the first day of next May. On
which date he will write to each com
petitor and give the addresses of all the
others; then they can proceed to select
Mr. Beck makes the above proposl
tion in good faith. He expects to put
up the money and compete for the prize.
If nine others iave a public policy in
which they have fifty dollars worth of
confidence, the prize will undoubtedly
be made up.
Mr. Beck holds to the idea that with
inventions of the present age with the
facilities we now have for performing
all kinds of labor, there is no good
reason why each and every able bodied
person, willing to work, should not have
a good home with a superabundance of
everything that man needs to make him
comfortable, and not work more than
eight hours a day; and we could soon
have it so if we had the right kind of
The fundamental idea that underlies
Mr. B.'s theory is this: '
"That all men, by virtue of their exis
tence in this world, have a natural and
inalienable right to land- sufficient for
self support and no more. That the
inalienable right to life carries with it
the inalienable right of a place to live
and a place big enough to make a good
He is a member of the Alliance No.
1023; and lecturer for the Burt county
Alliance. Owns a farm lives on it and
plows corn is a prohibitionist and
answers calls to lecture on temperance
and other subjects. - His address is
BRO. CALHOUN AND THE INDE
We regret to be compelled to say that
a more false, ridiculous and unjust in
dictment of the independents, or as Mr.
Calhoun prefers to put it, "the Alli
ance majority," could not possibly be
made. With all his ability, and also his
apparent fairness, Bro. Calhoun is
much more than other men moved by
his prejudices. He has -not conceded
from the start' that 'there was k shhdow
vt grpunu iur a. confess mo eyiuence
would have convinced, him to the con
trary; bnt he has examined no evidence.
He has taken the wild and foolish ru
mors of the street about the independ
ent caucus as veritable history; then,
instead of tempering these statements
with good sense and justice, he has let
a fervid imagination run riot with his
brains. The result is a lot of wild trash
that he would blush for some day if bis
egotism did not so greatly exceed fail
We cannot pretend to contradict all of
Bro. Cal's misapprehensions. Moct of
them are mere generalizations. . But
we dip a few which maybe Intended for
" It has filled the state house and the.
avenues thereof with a mob of maun
dering mendicants and malignant
The fact is right the opposite and it
has absolutely limited the number of
employes to seventy-five. :
"It promised relief from the tyranny,
of the caucus and substituted therefor!
an oath-bound "conference," whose.
members openly declare that therope:
is already bought that , shall reward
The "tyranny of the caucus" la good,
coming from a party which, when it;
could not make a caucus, flew into a
corrupt combine with its traditional
enemy. But there is not a word of,
truth in the above. There was no
"oath-bound conference" and there has
been no threat of a rope by any mem
ber. .-.-...' - . '
n. aiodre of districts ihev besouzht
and received democratic aid. and this
tney propose , to . repay with .the basest
ingratitude, treachery ana wickedness
known to tne political - History in
Everywhere the democrats strove to,
capture the independents, and now de:
mand as , payment acquiesence in the
blackest and most damnable conspiracy
that ever disgraced any state.
"And it is all the fault of the leader
ship. Who are the leaders? With
scarcely an exception they are men who
graduated ia the worst schools in the
two old parties, men who left those par-'
ties because they were not made leaders
in them, men whose lust of power and
instinct of greed led them into the new
party as a channel to reach the goal of
tneir unaeiy moition."
Now the real truth is that there isn't
a scintilla of foundation for the above
screed. -Seventy thonsand independents
left the eld parties Nov. 4, because there
was no choice in their "schools" all
were -"worst.' If independent mem
bers have achieved leadership it is
because they were entitled to it. The
independents have made the mistake of
being afraid of leaders, and have en
tirely ignored men who were entitled
by their services, character and patriot
ism, to be consulted. That they have
suffered from ambitious and selfish
leadership, is false and absurd. '
As the grand peroration of 6lush and
folly with which Bro. Cal has regaled
us we give the following and bid him
good-day: . ...
"Than the dozen or two political
adventurers and mountebanks who con
trol, with a rod of iron in hand and a
rope of hemp in sight, the alliance
majority in the present legislature, a
more greedy, grasping, conscienceless
set of ravagers never infested a state,
even under the wreck and ruin re crime
oi re Dei reconstruction."
But we would respectfully ask Bro.
Calhoun to name one of these men.
We understand Church Howe's Fink-
erton bill has bobbed up again, and that
it simply provides that persons not
citizens of this state shall not be em
What a bill of this sort should really
provide is this: That no corporation or
association should be allowed to employ
any armed force whatever to guard
property in cases of strikes or at any
other times; but that ail armed force
needed for such purposes should be fur
nished by and under the sole direction
of the civil power. It should also pro
hibit the organization of or hiring out
of any armed force for any purpose
whatever, in this state, except under the
orders of the civil authority.
The principle to be established is that
the Finkerton organization is illegal and
a menace to the liberties of the citizen.
We have for sale a complete news
paper outfit, pres run three months,
will sell at a bargain. Write ns for
further information. Cart A Lrow
81U ' Sidney. Neb."
For Sale or Trade.
, ,ne7ear;,d Cleveland Bay stallion;
1 Black Hawk Morgan stallion; 2 four-.
year-old Morgan mares; 1 span of heavy
mules. I will sell this stock tor cash or
trade it for any kind of property. For
particulars call on or address B. G.
Nelson, Swedeberg, Nebraska. 88w8
For rheumatism. nnralrU Rrl.lil'i
disease, sciatica, etc., consult Dr. Aley,
J. H. McMurtrv. rial ntut nrf
loans, abstract and notary. McMurtry
block, adjoining Alliance headauarten.
corner Eleventh and M streets.
THE WINDS0H HOTEL,
THE PADDOCK HOTEL
The best houses ia the stale at Cm
...... .. . . ' . -
TWO DOLLARS PER CAT.
ElesanCy fuCaishel, iAll modem
coaventencMlamheft, etc., eto- ,
3tniC ' E RCniLET, Proprietor.
4 m w rmt m w m m
JOSEPH 0PELT, MANAGER,
Cor. Gth & P Sts. Lincoln, Ntbmbu
OM block from . H.
lifhUd by !
and all atodwsi
taroufhopt br steam aad
irioitr. UactrlesaU feeUs,
P. W. COPELAND, Proprietor
Trtr.:lt l!;t:l, tl 612th Ctrc:t:.
Pesrla llcuss, Q 6 SthSts.
Httli 23 Cti. Lodging;, 35 and 50 Cto.
K. A. HAWLEY, Prop'r.
1121 N Street.
Can serve 600 at a single meal. V
wm.Lssss, J obx. M. Btxwaht
LEESE & STEWART.
ATTORNEYS AT LAW.
Will practice in all the courts of the
state., Correspondence solicitited. 81 .
No. 281 South 11th St.
LINCOLN, 5 : V : 1 NEBRASKA.
J. O. ZIcBBEDS,
REAL ESTATE DEALER '
Loans, Insuranco and
Offlci. 107 SutkUtHSLEusstA
Warm Lous attended to. aad Iasut
ano written oa farm buildings at a low rau.
anrtaiaf to trads, urf
825 and 829 Kortb I6tb St., Lincoln, m,
Dtatan ia Batter, Im, aad Poultry.
Produce a Specialty.
oath alvanesmade oa Mastguuats. Wilt
as for skintar dlrseuinaT a!2
Itfwnesj lyst Msfl gaUJinoola, Ksa.
G O -A. !,!
Can now be furnished on Short
Information freely and promptly
x urmsnea any Alliance
J. W. HAETLEY, A&'t.
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