The Alliance-independent. (Lincoln, Nebraska) 1892-1894, April 06, 1893, Page 2, Image 2

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    THE A I j L I A $ C K -1 AT D E P K N I) E N T.
APRIL C. 1303.
THAT IHPEACIMEST.
THE LEGISLATORS BGN THEIR
PROCEEDINGS.
THE IifTEUS SUBMIT A REPORT.
Bamore That ax-Slate Officers Will b
Broasht Into tba Trial The List
Vow Includes Humphrey,
Allen, llastlnja and
JIUI -Motes.
Lixcolh, March 81. The proceed
ing! at the state house yesterday were
not much of a surprise to the members
and spectators.
. Just as the hand on the big clock
bore the speaker's desk pointed to
1 1:40 Captain Barry came in with the
pell house eridenoe under tiiat one arm
lhat has served him so faithfully. Be
hind him were the other members of
the committee, Lockner and Van
flousoB.
As soon as the members saw them
Coming in they realized that
the report of the impeachment
committee that has caused so
much inquiry and at the same time
been enshrouded in such profound
psystery, was about to be made. It
art but a few moments until the
gallery was crowded with anxious
and expectant spectators who were
bent upon hearing erery word that was
Uttered on either side of the grave and
Important subject
To the Representatives of the State of
Kebraska: We, your committee, ap
tolnted by your honorable body to em
ley counsel to take such steps as seemed
iroper for the purpose of instituting
jrooeedings of impeachment against
itate and ex-state oftloials, if shewn to
e guilty of malfeasanoe or negligence
sufficient to warrant impeachment pro
eeedings, leg leave to report that we
pave submitted to your committee of
legal advisor, to-wit: Oeorge W,
poane, 8. B. Pound and V. L. Ureeue,
all evidence bearing upon the matters
above named and herewith present thnir
findings and report as a part of this
Report We also recommend the pas
sage of house roll No. 171, appropriating
money to be placed in tlte bauds of the
Eovernor of this state to recover state
loneys wrongfully obtained; and to
prosecute all persons guilty of misap
propriating; state funds. We further
reoommend the passage of house roll No.
008. We further recommend the adop
tion of the accompanying resolution.
All of which is resjwotfuily submitted.
r. II. Barry,
JohnO. Vanuovsen.
A. Lockner.
After he had flniithed the reading of
Pie report and taken a seat close up in
front, Ho wo rose and bearing himself
Upon bis crutches said in a tone show
Ing that he was moved : "Are the find
ings of the committee of attorneys sub
pitted with the report?" 1
Barry: "I would say to , the gentle
man from Nemaha that they are and,
would request the clork to read them,"
The clerk took up the typewritten
copies of the reporta and read them
while the house preserved almost a dis
Agreeble stillness.
Following is the joint report of Messrs.
Poane and Greene and the separate re
port of Judge FouncL
To the Honorable tile House of Repre
sentatives: We the undersigned, appointed by your
honorable body to examine the testimony
taken by the several committees ap
pointed to examine into the accounts,
expenditures and tilier features' of the
jetate institutions, and to report whether
or not such testimony shows any of the
jetate officials or ex-state officials to have
been guilty of malfeasanoe or negligence
pufficient to warrant impeachment proi
paedings against tkem, or any of them,
beg leave to report
That we have heard read all the tes
timony taken by said committee which
has been submitted to us, and have
carefully considered the same, and that
In our opinion there is sumoient testi
mony taken and reported by said coin
fnitteee to warrant us in instituting of
Impeachment proceedings against the
following persons, towit: J. C. Allen,
Secretary of state; A. R. Ilumphrey,
commissioner of public lands and build
ings; Geo. II. Hastings, attorney gen-'
rai;andJ. D. Hill, ex-treasurer. We'
po not understand that it was in the pur
View of the resolution under which we
were appoint-! thai w eliuuM import
any special findings of fact upon which
bur conclusion is based, ana therefore
we have not done so. But as a matter
bt law we have no doubt that tlie facto
M testified to before tlie several commit
tees of investigation appointed by your
honorable body are sufficient to war
rant articles of impeachment against
she persons aboved named. The testi
mony shows a systematic and con
tinuous plundering of the state by some
of the contractors for furnishing sup
plies to the hospital for the insane
and in the aeoonn wrendered the board
of public lands and buildings for mate
rial furnished and labor applied lu the
construction of the addition to tlie pen
itentiary known as tlie new yll house"
and we recommend that suit be i inti
tuled at once Kint u h o fthe fraud
ulent contractor a are financially re
spoji.il.il', to recover tack the amount
waWh they have so fraudulently b
talaed from tlie Ut. Alao suit I com
nenced against such of the parties a
the twt'tiitiy show were implicated in
the fraud as ai.tara and alwttors thereof,
jrfciie in the m o( the state and the
(Urtiwi ujh.u their Umi.U in Cttsee where
toada wf given.
All of which is rentwH-tfullv sutxititUsL
I WttJJAM t. lrtINE.
I J1 tauitVa Wvpori,
'To the lioui4Me tiwe Uoune of shr-pra-tentative;
As one t tlte thrve counsal ailnUi
ty a ?vJutwm of ;our htfCHathl U4?
la eismine Die rpotts 4 M severiU
rejmailttr of the houar an. I the It t
sjsodf aiMiaii) lug the sante in tH I
fc e'Wgiid ttit'ttnhi4 1 and tialtVMic
la oitwe of slate aiul t state gftWrs an4
m give a U1 4iiu wtwrtM awh lt
Ikv U surtWiewt to warviuit tmjw h
Vta&t r-t(M:4nis fciHt eaid utiu-t-ts or
soiv tt that have the Utuot to t,vr
Js 4law
That said testimony if accepted a ac
curate and tni the eame not having
been subjected to the tt of cross ex
amination, in the absence of a full hear
ing on tlx ir part explaining their mo
tives and the circumstances u&derwhirh
they acted, sterns to justify, in my opin
ion, impeachment proceedings flK:nt
the board of public lands and buildings.
For employing one William II. Dorgan
in the spring of 1891 and retaining him
to act as the agent of the board in the
erection of a certain cell house at the
state penitentiary knowing that said
Dorgan was at the same time tlie agent
of C. W. Mosher, the contractor of the
state penitentiary, whose interest
were adverse to those of the 6tate,
thereby enabling said Dorgan and
Moeher successfully to defraud the state
out of many thousand dollars, and for
an apparently inexcusable and repre
hensible carelessness and indifference in,
the examination and approval of vouch
ers, account and reports of Dorgan and
of his disposition of the public moneys,
placed in their hands for disbursment
knowing the temptation and opportun
ity afforded him to defraud bv reason
of his dual relation to the board and
to the contractor, and also against cer
tain members of said board men
tioned in said testimony and the reports
of said committees for using and ex
pending without authority of law publio
moneys in travelling to examine prisons
in other states in the fall of 1811. I fur
ther roport that in my opinion said
testimony fails to show that the mem
bers of said board or any of them were
directed by corrupt motives or that they
or any of them were guilty of any will
ful breach of duty. All which is respect
fully submitted.
Stephen B. Pound.
Howe was up ready to address the
speaker as soon as the clerk concluded
the reading of the re porta and said:
"Mr. Speaker: This is a very serious
matter and I would suggest that it be
laid over until 2:30 this afternoon."
; Barry. "I realize the force of the
gentleman's remarks and would not ob
jeot to its being laid over until that
lime."
Keck ley: "Mr. Speaker, I desire to
pfTer a motion to have a committee of
three appointed to notify the senate that
the house is ready to act upon a resolu
tion to impeach.
Barry: "1 move you, Mr. Speaker,
that this house entertain the following
resolution:
When the house was called to ordei
gain at 1 :30 by the speaker seventy
seven members answered to roll call.
The gallery and lobby were crowded
with spectators who maintained the best
of order while the impeachment resolu
tion was undor consideration.
Barry revived his favorite theme by
laying:
"Mr. Speaker, the special order for 2
o'clock this afternoon was the general
appropriation bill, but by general con
sent tho order has been reversed and we
have agreed to take up the resolution. I
will therefore renew my motion to en
tortain tlie resolution."
The Motion Carrlea.
After considerable discussion as to the
proper manner to proooed, Keck ley
moved to reconsider the motion by
which the general appropriation was
made a special order and advance the
consideration of the resolution ahead of
the special order. Thie was agreed to
and the motion to entertain prevailed.
Barry did not appear to be content
with one resolution and offered the fol
lowing and moved its adoption:
Resolved, that the oonimilUe to tm
ploy counsel in the matter of im
peachment of state and ex-stat
officials is hereby authorised t
take testimony and oner the same in im
peach ment proceeds tigs.
To this Kaup interposed a point of
order stating as a basis that tlie house
could not entertain the resolution in
dependent of the senate and that it
should be considered in joint conven
tion. ttenatore and Representatives Meet to
Deliberate Upon the Resolution.
FrompUy at 4 o'clock Sergeant Alley,
of the senate came walking down the
center aisle a few feet in advance of
Lieutenant-Governor Majors and in
stenatorian tones announced:
"Mr. Speaker : The honorable, tho
Nebraska state senate."
Governor Majors walked up to tho
speaker's desk and in that quaint dis
tinct voice said:
"The joint convention will be in order.
Secretary of the senate will call the roll
of the senate." The roll call showed
every member of the senate present
"Clerk of the house will call the roll of
the house," was the next order, which
was obeyed by Clerk Johnson with his
accustomed celerity
In Pursuance of the Resolution.
After the roll call the president, Gov
ernor Majors, rose and with tlie statute
in his left hand said:
"This convention has met in pursu
anoo of the entertainment of the resolu
tion of impeachment by this house. The
chair will read section fourteen of the
constitution, or a portion of it 'The
senate and house of representatives, in
joint convention, shall have the sole
power of Itnpeaohment, but a majority
of the members elected mnst concur
therein. Upon the entertainment of a
renoiution to impeach by either bonne,
tho other house shall at onoe be notified
thereof, and the two houses shall meet
la joint convention for the purpose of
acting upon such resolution within throe
Lty of such notification,
This joint convenlkHt, therefore, has
teo asMeiuhliKl for the purpose of act
ing upon such resolution of impeach
Hu nt that has been entertained by the,
tuiusu. The quentton therefore, will be
Uxn this rreohition. The chair will ask
that it l fad by the ik-crvUrv.
rnatr Mattes:' " would move that
the (urtlwr prm woNnirs under th call of
of the hotu be dtiiifled vuli 1 w ish
to state tiul we hate an-ed not 14
blot kaU thta mattor; It U agrwable to
us that this Joint cotiieuliun tali a re-
re until toitnm titruiiig at 11
oVUn k, and unl' r tUn conditions e
withdraw."
lVrs uhjWt to any su h prom-
Is-,"
iUrryt "Mr . fhairman, on Ulrnh vt
t't rvmmltM f On lno oh iii;j h
M'tl privMVIMS I WlU mit tint if 0l
iMjvtr til in k it 4 i) i U. k itiouvrow
,i n.4'-n, '. t j l t
I'fvvKi. . " t 'f b are (ft
f .. .f t 4 m H..a ld sUtid and re
inii uttif.Ui i!t ji tn nmuUsl,
t (. tp; .! iii aro. )othin la tie
i ifv , ri i l
tttt.uui I' il i,v hvint ratvn.
i , i ii'w n'.' I 4 o ! k I ttlttf
i . . . !i i :,. . u lvd an t vor
F'Itll.Y'M bKKSIOX.
Tlie Aet uiM-d OfltclaU I'stOn a llold
Front The ItenHtlution Adoiifetl.
Liscoi-x, April 1. The joint con
vention to consider the impeachment
esolution heretofore entertained by
the bouse, met in representative ball
U 4 o'clock yesterday afternoon, with
Lieutenant Governor Majors in the
chair.
A roll call showed all present ex
cept Itepresentatives Carpenter and
Harmon, who had been excused.
Senator Pope sent up the following
communication, which, on motion. was
made a part of the record:
To the Members of the Twenty-third Leg
Hlative Assembly: Tbe board (of publio
lands and buildings have been charged be-
tors your honorable Ixxlv with certain offi
cial wglect and tnisfuaxance in otlice, and
lteps have been taken looking to the im
peachment of tbe olticers comprising that
voard.
We are anxious to have a full, fair and
Impartial investigation of any and all
rhajgf which have been or may be brought
(rnint uu; where the star chamber method
if Investigation will not prevail, but where
ws will be permitted to know tbe accusation
and face our accusers, knowing as we do
ucb a trial can only result in our vindication.
We therefore resnectfullvaitk that the reso
lution looking to our impeachment may be
saopteo, ana sucn measures may tie taken
as will result in a speed V trial of the ckarens.
and that ws may be given an opportunity
to refute the same, and be heard iu our own
defense, an opportunity which has beeu
wbelly deaied us up to tnis time, we aak
thoee members of the legislature who hare
conscientiously opposed tbe methods that
have obtained in the partial investigation
thus far carried on, to withdraw such oppo
sition and let the resolation pass, ana we
only ask that judgment upon the case be
withheld until we can produce our proof
and be beard in our own defense.
A. R. IIvitraaxT.
President of the Board of Publio Lands
aatt MuiUlings.
J ohm C. Atuir.
Secretary of the Board ef Public Lands and
Buildings.
After some discussion, the word
"malfeasance" in the resolution, was
changed to "misdemeanor," and the
roll was then called on the adoption of
the resolution.
A number of republicans explained
their votes They said in substance
that tbe proceedings were unjust and
unwarranted, but voted "aye" In order
to give tbe accuncd officers a chance to
vindicate themselves. Ktder also made
tho same explanation.
Only four member? voted "no," three
republicans, and Senator North demo
crat. President: OYe' hundred and twenty-seven
members of the joint conven
tion having voted in the affirmative
and four in the negative tbe resolu
tions are agreed to .
McKesson: I move you, sir, that a
committee of five be appointed to draft
articles of Impeachment and report
the same to this joint convention to
morrow. President: The chair hears no sec
ond. "Seconded." The gentleman
will submit his motion in writing.
Lowley: "The motion the gentleman
from Lancaster made is to appoint a
committee ef five to draft and report to
this body the articles of impeachment.
Now that is a distinct thing. The sub
stitute is to appoint certain gentlemen
to prosecute that case after it has been
referred and adopted by this assembly.
No if the gentleman will take the
record he will and in the impeachment
of Andrew Johnson that a committee of
seven was appointed to draft the articles
of impeachment, and that afterwards,
the managors were appointed to prose
cute and to run the prosecution. Ii
would ask this assembly now they can'
appoint managers to conduct a prosecu
tion when the articles for the prosecu
tion are not adopted. I say therofore,'
that they are a separate and distinct
thing, the appointing of a committee to
draft articles of impeachment is one
thing, the appointment of a board of
managers to conduct that prosecution is
another."
Wstson: I would call the attention,
of the assembly to this fact, that in all.
of these proceedings that have been!
conducted in tlie house, the speaker of
the house in appointing a committee
none of us objected. These gentlemen!
Unow that. The members of the house)
did object to any one member naming
the committee, and still they persisted,
in doing that Let them insist upon;
this substitute. No one is here to raise,
any fuss over this matter. We want to'
receive it as we have all along in the
ordinary and regular manner . I hope thH
substitute will not he inflated ivw
President: Gentleman will send up
his motion in writing.
Howe: "I offer the following as an,
amendment to the amendment of the;
peuUvman from Lancaster, and ask to,
have it read." I
President: "Tlie chair recognises the
gentleman from Greeley." '
Barry : "I move that this joint con
vention select a committee of iivo." !
Howe: "Now I offer mine as a substi
tute for the two, and wish to have it
read. I move that tlie committee just
olected by this joint convention be em
powered to obtain tho assistance of the
attornvys, ritevn li Pound, George W,
Doaae and W. L. Greene to assist them
In drawlug articles of impeachment to
be presented by said committee to this
joint convention,"
Barry: 1 accept thai
KiwWy: I rlso to a point of order.
No articles of impeachment can be pre
sented only by this body or members of
ita appointment No ouUid parties
who are uot members of this body caa
j.rewnl articles.
l'ri Ji iit: Tlie puint of order is well
kkn .
flows: Mr. President, 1 un.trtUal
that you ilecidea the point of order
I rawHl py i ix L-i-niii-maii irom wi
out of or4i-. I apical f rou the uWieion
of the rttair,
t'asnrr: I call fr tW ave and nay
' The roll' waa called and the pnitnt
anaoumed tha vmI as follows: rVventy
ruemlwr of the joint convention having
vtd in the emrmaUva, and fifty an in
negative, the devUion. f the thatr bsue-
i'H.ai I dsire ta offf the Mowing
as a suUtitute; t move as substitute
to tint whttt subj t Hiattrr tin lr (tut
uVtsttoM. lint tvutmlti of
three tuun the Une and two from the
senate ho p4utvt to draft atli. of
lioprat bhu"it t4int Jhe v. Aden,
ttvrrvMry of iai, A. It ILtiuphrvy,
(vntflittuttf of p'lblio UtuU and build
in i UtM?A lUtttig, altera
gMiM-rat.au i J, il III. I, t lixaserer
i pnwat tiwui ti t)o jviint vuvasi
tion tomorrow, the members of the
senat to bo named by the senate, and
tbe members of the house by the spea
ker. After swie wrangling this tac
tion carried. Majors named Senator
Lowley whom he knew to be oprosed
to the impeachment, and Senator North
one of those who voted "no'' ron the im
peachment resolution. He entirely ig
nored tbe independents. Speaker Gaff
in named Colton'.(rep) Barry (ind) and
Van llouwm (dem) The convention
then took a recess till 10:30 Saturday.
SATURDAY'S SESSION.
Saturday morning The Aluakce
Indepkndent i8uned an extra warn
ing tho legislature that there was immi
nent danger of the whole proceedings
becoming a farce.
The following is a copy of the extra:
THE IMPEACHMENT,
Scheme Exposed Tbe
Plan Outlied,
Correct
GENTLEMEN OP THE LEGISLATURE.
Do you want your impeachment
proceedings to bo a farce?
The scheme is already "cut and
dried" to make them so.
A HOLD BLUFF.
The request made by the accused
officers yesterday was simply a shrewd
move on their part to gain popular
sympathy, and throw those who are
pushing this matter off their guard.
These men have never courted In
vestigation. On tho contrary, they
and their) friends have continually
thrown obstacles in the way of such
investigation.
The charge of "star chamber"
methods, which they made against tbe
house, was an insult to the majority of
that honorable body.
A MISTAKE.
You made a serious mistake yester
day when you gave Majors ftny voice in
tbe appointment of the committee to
draft articles of Impeachment.
The constitution says that "the two
houses in joint session shall have the
sole power of Impeachment."
Majors is not a member of cither
house, and hence hat no legal riqht to
take anu part inlhi proceeding, except
to preside. Besides, he is one of the
state officers elected on the same ticket
with the ofllcers to be impeached. He
is not in sympathy with your proceed
ings, but is in full sympathy with tho
accused officials. This was shown by
Mb arbitrary rulings yesterday, and
particularly by the appointment of
two men to draft articles of impeach
ment, both of whom are opposed to im
peachment and one of whom noted against
the resolution to impeach. Majors also
showed his unfairness by ignoring tbe
independents, who have H senators,
TlR PLAK OF TIIE STATE OFFICERS
and their friends to make tho impeach
ment a farce is as follows:
1. To adopt articles of impeachment
which aro weak and cover as little
ground as possible.
2. To appoint on the committee
which will conduct the impeaihment
men who are in sympathy with the ac
cused officers. ,
If they succeed in this plan, the men
who have been instrumental in having
those proceedings instituted will be the
laughing Btock of the country.
THE CORRECT PLAN
and the one which should be adopted is
1. To nake the articles broad so as to
cover every charge which can possibly
be proven. They should cover
The asylum frauds,
The penitentiary frauds,
Tho non-Investment of the perma
nent school fund,
The Capital National bank frauds,
and every other fraud that has been, or
is likely to be unearthed.
2. To appoint a committee of good men
to have charge of the impeachment pro
ceedings, all of whom are in favor of im
peachment. To appoint any man to prosecute this
case who is in sympathy with tbe state
officers would be monumental folly. Yet
this Is exactly what will i be done If Ma
jors l$ permitted to name the commit
tee, or part of it.
It is tho duty of all mombers.regard
less of party, who believe those pro
ceedings are justified by the facts al
ready known, to get together and act
together to make it a success.
Gentlemen, will you do it, or will you
let it bo a farce and a whitewash? The
matter U in your hands. Today's ac
tions will decide the matter ono way or
the other.
Lincoln, Neb,, April 1st, !.
Tint Alliance-Independent,
These extra were distributed Satur
day morning and had the ctTect of put
ting the Independents on their guard.
The coven tleti met at i0;30, The
committee rvnrU'd that they had em
.i(')d lawyers Doatic, tiroene aud
Pound and that they avWatwork on
the articles and would no be able to
complete thrm h.-hrw Tueday,
In punuano of the republican scheme
SherlOan (iud! was on hi Kel to uiovo
that a i rman!0t contntitteo of live bo
appointed to ihiDUWI tno tmtaunineni.
IU evidently thought the speaker
I would follow the had prvedont of t'rl
Uav when be appointed tVltoii, the
n o'cr of thetuotion a nirmher of the
'cointulttt'O.
i It. it th nuttl.tn was ruled out of order
and tho HnetitUa a.l).-ur d till llMW
oViovIt Tu.-dj
I'l ita Uuicn tvtxiitv. White Phm
H.ih bk Whito i;nn. Partrivltf
IWhina, TKIUik (;t-MH Whit H4
land Tuiki-ya, White Uuloe, IVkt
Put-a a, IVUveluw.
W.A tUTeO.
3xh f Irvmont, Neb.
ALLIANCE CAIiniAGE CO., CINCIMKATI, OHIO.
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100
100 BLACK
PERGHERONS,
FRENCH DRAFT
GLYDES& SHIRES.
lams' Horses ware "Iu It" at the great Bt Lou., lair, and Kansas and Nebraska state fairs of
1891 aud thejr ,
Were Wlppcrs of f 41 Pres-
lams' World's Fair Horses are "Out of Sight."
Isms li the only iinnorter In Nebraska that tmporte bin Pereheronn '91 and'02, and the largest
Importer of Clydus and Hhires In iwjfi. They arrlred Sop. '93 All Blacks and Bays.
Grey Worses 0300 Uess tbap DJacks,
G FUASMT
l.m.rnnrsntftnslo show tou ths larROnt collection or nrst-ciaw Bl
WAFT HOIe.t of U.e various tireerts. or uBe$l ,'noiv aua mer.i f VmT'
reodlns. to oyt-ars okihhsi w vsw weiuiu ' run. . " - i
r tliKu any live Iinnorter or fcay your rare to see mem. tarns pays me ireiBui,. .
D
H
cbea
al
or
TEFTflSi. l,2apd 3 Years Tlrnc at S per cept fptercst.
"AA 8VED by buying of lams. He does not want tne earm unaii J.0"""1' l"r ;ruul" uuuu
JhtlUU giisrantees, every horse recorUfd. , i"1 i. u i' m.k..w.
Write lams- Bt. Paul Neb., Is on the B. & M. and U. P. railroad. 8t. Paul. Nebraska.
ram mm oo
WVJJJJJ
i
TO LOAN ON FARMS
wv n i nTnn trnnnioiri IT nnn PPWT
I U U LiJlLK aLDtidai Al o ul tCi.U .
interest and a very small commission. Privilige given borrower
to pay in installments and stop interest. Money always on hand.
Write or call on us. TULvIa BROS.,
11TH AND N Stb..
IaINGOIaN. NEBRASKA. 7
WHOLESALE LUMBER
WYATT-BDLLARD LUMBER CO., Omaha, Heb.
JOHN B. WRIG HT. Fr. T. C. SANDERS, V. Pres. J. H. M CLAY, Cashi.r
rn
Columbia National Bank
. OP LINC50UN. NKHUABKA-
GAPITAL
S200iOQO'OQ. )
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"Try
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Burlington."
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