Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Alliance-independent. (Lincoln, Nebraska) 1892-1894 | View Entire Issue (June 8, 1893)
The Alliance-Independent The Alliance-Independent J ll the bestS- Advertlsing medium In the west It Is especi ally valuable as a means of reaching the farmers. Its circulation Is as large in Nebraska as the cir culation of all the "farm Journals" combined. Give Thi Aixiance iNOKrENDEirr a trial if you want good results. VOL. IV. Post and Honral Decide the Bute Officers Hot Guilty. , DTTtn TTTTlAITt Ul V III tI T TVPSaWIMI jju i d ii ijufi nn A n nitii uuMfin ia Decided That the Court has no Jurisdic tion in Casea of Hill, Benton and Leese End of the Im peachment Trial. By 2 o'clock last Monday the supreme courtroom was filled to its utmost seating capacity by eager spectators to hear the decision in the famous im peachment trial. From 2 o'clock till 4 the crowd patiently waited and still no court made its appearance. Just when those present had concluded that they would have to wait another week, the uierx cm lqo tunnmn cnuri knmaren i , i iA . 1 4 . i jHMttnHn i e 1 I l ats irv - -- , a uu uie inmsoiuce. men uegan agranu rush, while the news "they are acquit ted" came floating back Lver the crowd, "but Maxwell dissents" quickly follow ed it In the clerk's office were found three opinions: The first was written by Justice Post acquitting Allen, Hastings and Humphrey, Justice Norval concurring-- ' v ;- The second was by Chief Justice Max well dissenting from the above opinion and for convicting said Allen, Hastings and Humphrey. The third opinion was written by Norval and held that the court bad no jurisdiction in the cases of the ex-officers, Hill, Benton and Leese con curred in by the entire court. So this entirely ended the great im peachment trials.;- Nothing had been , gained by the whole matter except the airing of the case before the people of the state and the dissenting op' nion of the able chief justice. WHY THEY WERE ACQUITTED. The opinion written by Justice Post acquitting the respondents is very long It severelyjcriticipes the board of public lands and buildings fir negligence, but claims thatjtheir offenses are not suck as would render them liable to im peachment.The opinion holds that ' unless the respondents were actually found guilty of 6ome crime or misde meanor under the statutes that they could not be removed from office. AS TO EMPLOYING DORtiAN it was held'. that the action of the tnard in selectingDorgan as the representa tive of the state, while highly censur able as unbusinens-like and wanting in that intelligent regard for the interest THEY ARE ACQUITTED. iroi me puonc wnicn me state exacts i ... from its officers, was at most an error of jadgment not amounting to a mis demeanor in office Held farther that while the state had been defrauded of large sums of money by exorbitant charges on stone.ma'.erlal, labor, etc., that this was merely neglig ence on the part of the board and not an Impeachable offence. THE JCNKET. t , In regard to using toOO.GO'of the cujl, house fund for a junket over the I country, held that while such money coma not legally be used, that accord ing to the attorney general's decision board thought it could, hence acted In god faith. Therefor, their offence were not such that tb.-y could bo im peached. In regard to ISjO ued visit prison congress la Pittsburgh Pa., held that while the respondent were liable to the state fur rnonoy so ud, that this In lUelf was note) Impeachable offense. THK ASYLUM rKAVltt. During the year and the month of February, extensive frauds wore ractlcrd upon the state by contractor or coal at the hospital for the lnane at Uncola, althotuh the amount of such fraud cannot U dterinloi'd from the proof. rVI'owlog thi practice which has prevailed for mary year the board rvqutrvd all rjuchere for uh41ki to be rr titled fee the intwrtn- mrr wvrocinrru un in wuhku ra (lie aad If foued to eorrrtpond and tbe etlonctoet currvct ttx-y were ui lafd. I hiring the period trntk)tti tkroufh tht negligence or credulity of tbe superintendent be was Induced to certify to accounts largely in excess of the coal actually received and which were allowed by the board, relying in good faith upon such certificates. Held that the failure to detect and prevent the fraud In question Is not misde meanor in oflice. In regard to pay for convict labor. While Mosher was only to be allowed 50 cen's per day for convict labor. Dor gan, Mosher's agent was allowed tl 00 per day for same, making a clear gain of 50 cents per day per man. At tne time of the appointment of Dorgan to superintend the construction of tne cell bouse be was thn agent and manager of Mosher, the lessee of the penitentiary, and charged with the dut of sub-leasing the prison labor. In view of that fact, his selection by the board as the representative of the state knowing, as will hereafter appear, thot it would be obliged to depend upon Mosher for labor to carry on the work, is highly censurable and should, to say the least, be characterized as unousi nesslike and utterly wanting in that In telligent regard for the interests of the state which the law demands of public officers under like circumstances. Still the ooinion goes on to hold that perhaps the labor could not have been gotten for any less tban tl.OOper day as Mosher had full control of it and could let it out as he wished; hence this fact alone could not be charged as a misdemeanor against the board. ADVANCING MOJt Y TO DORGAN. Admited that tke board did advance money to Dorgan before labor was ever performed or material was furnUhed for which it was advanced.. till it was not shown that such money was advanced corruptly, hence it was not a misdemeanor on part of the board. ' - STEAL ON STONE. ' ' - "With respect to specification No. 3 it may be said that the bills rendered for stone are grossly in excess of the reasonable or market value thereof, through the negligence, incompe tency or fraud of the tupcrintendent, The latter, it is disclosed, contracted with At wood & Co for the necesary stone to oe denvereaon tne cars at Ue dar Creek, Cass county or other points not more remote from Lincoln, agree ing to pay 8 cents per hundred pounds (or common rubble; 1(5 cents per cubic foot for dimension s'one and 35 cents per cubic foot for stone 'plugged to size.' By the proofs under the specification are presented the vital questions in the caee, viz: Whether toe respondents are impeachable for failing to detec: and prevent tbe alleged frauds against me state. Opinion then goes on at length to discuss what is an impeachable offense a?td comes to the conclusion that though the state was defrauded out of a large amount of money in buying stone that the board of public lands and buildiDgs c.uud hardly be im peached for same since they trusted Dorgan. SUMMING UP THE CASE. In conclusion the opinion bolds that while negligence was doubtless shown and that while gross frauds were per petrated against the state the agents and superintendents appointed by the board were guilty and not the board. That the word of these respondents ex onerated them. That even if they had been negligent that the offences were not such that they could be impeached that finally the state had failed to prove its case, etc. Opinion written oy Post, concurred in by Norval, Chief Justice Maxwell dissenting in every part of the opinion. MAXWELL'S WSSKNTINti OPINION. In 1881 out C. W. Moht-r was mviviug from the state 40 ceut r day for the board, clothing, . ami attention of oa-1i convict in the penitentiary. Ha wan also entitled to their labor aud tbe convicts wrw hired out to various ptrxon at the rata ( bout 40 cent per day for each convict. In an appropriation tu made for building a uew cell koune by day work, to,M. Thi like all other appropriation wax for "o much thereof a may l nwewiary.'' That. U a um total of 40,iuo wa apin-opriatrd with the condition that Jtdj to much thereof a war nUMary should b drawn. TUU 1 a condition of all appropriations iu thi tt, Ttie warden riu to bav protetd again! th employment of erwti cutide of the peiteutiary to construct tbe building on tbe ground that tt bad a kmomIiiit effect vu tbe ronvk-ta. Tbe mult that the respondent agreed that the building ia the uuUn w to be roiwtructvd byrouvU t Ut.r W. II. lV rsi Miher' 'i r-hit-uknl at Ue nitniiry and had toil otiioi it y to hire tit ,imk't U euv h (killed kili(r them, litU-l ll s kinAlhe rili'it of tbe wititfiitmr fr.m JUv "Hd iu l.ul March I, l-V'J. lie reHiu(iHnhMl Itur to IIm rwn I uU a a (ull ihie rMii o hrUl( t4 Ue Mate Ui UrtuteHd the eoiittriH'ttoil mt th crli h'U. lorvn Intitto a t ht r! twin to .W a f...k. "A. Weil t hin attrr ait tlte UkIiim IMlr l U l -that ia, all hi tutrt at the prU j. Thai woobl irii'ute all h)ila of u.tr. IMUIrtttue the too a, and t lt attr liN mIim in (vrl " The or.tr ujtkiotf n, a'proi miiim ) foUowas - ciwiv..'. I to of the huMi i.r tie uiitiiMrv a f r-i Inl fur in the (enerel a.rwrtiioa 'tl ah-e;i f . ;., - i lr that .uf Xf the utr-eHa4 Uim Wtir U U 4uet It . Uv ItUf Uuti ! LINCOLN, NEB., THURSDAY. JUNE 8, 1893. unaer oonsiaeration; mil movea tbat W. il. Dorean be enniloved bv tbe board as uHiriuteudeut of construction with power to piu-chuee material for construction and employ laborei-a for building subject to the approval or toe uoaru; seconuca Dy AJieu, motion carried. Allen moved that Dorean be required to t urnuJi bond for the faithful performance of duty in the aum of KI,000; seconded by Hill: carried. On motion of Allen the Kafary of liorgan as superintendent wa nxed at fW per month to begin from this day." Mr. Uorgan irave bond with approved suritie in the eum of H 0,000. lie was not a builder aud KtwexKed no practical knowledge of Diuiuing or uuiuiing umiei ini. i no new ceu bouiie is the east wing of the penitentiary and j eubKtaiitially ximilar in all roct to the went wing of the main building. The new wing in tU foet in length by forty-five feet in width and about thirty feet in beiifht. Heine diroctly east of the main buildimr no wall was nccexxarv at the went end, and there wa a wall about twenty-two feet in height on the north aud aim on the eait or the new wing which It wa intended to use a tbe north and east wall aud raine the same to the deKired height. No at that time the only wall niippoKed to be neceaxary were tne soutn wall and in addition to raite the north and cant wall to the height of the other walls, and put a roof on the building with ceiling prepara tory to receiving the cells. IiIhcukkoU Iiter, Tbi however will be dincin 1 later. Tbe board geem to have given Dorgan no direc tion In regard to the building hut lert him to do an he pleased. Koon after hi appoint ment Dorgan entered into a contract with S. H. Atwood & Co. for stone for tbe building, the price being 85 cent per cubic foot for di mension tone plugged to sine. Thi wa de fined by the witnomie a atone split from layers of tbe proper thick dcss by drilling bole in the rock and driving wedge therein. Another quality of rork he paid Atwood & Co. 10 cents per hundred pound and KtiU another H cent per hundred pound. TN rock to be delivered at Cedar Creek or at other point not more distant from Lincoln, the freight to be paid by the state. Dorgan, acrrdiug to hi etatemeut, niade no Inquiry of others as to the price of stone. A large part of the toue wa ia fact purchased by Atwood A Co. of J. W. Zook of Nemaha county and delivered on board of the car at Johnson in that county at from 3 cent per nunarea pounu lor rutioie to iu cents per cubic foot for di .mennion stone plugged to size. Zook tetifle that Dorgan wrote to hitn about the price of stone sometime before be sold to Atwood & Co. that be had lost the letter. He say A : He asked the price of stone delivered at Lancaoter. Q. What did you tell him? A. I told him I sold stone de livered on board the car at switch at 10c a foot and if I delivered it on board the car at Lancaster the freight would be added and that is what the letter contained, (j. Dc you remember ubout what time that wast Was it before or after the time you sold the stone to Atwood'' A. As near a I can remember that wax about a weak before At wood came down there." He also testides: "A. I have ln-en in the stone business about ten years. Q. V, hat In e-i t!:o uniform market vnlne of this dimension stone free on board the cars at that point?A.10r a foot and Isold dimeiibion Ktoiui for even less money thun that. If 1 got 10c 1 considered I was getting a fair price." He testifies in effect that he wrote to Dorgan to the effect that before Atwood & Co. had par'r.hased the stone from him and that he enclosed the letter in an envelope duly stamped and containing his business card" asking for a return of the let ter if not called 'for and that it was never returned. Dorgan while attempting to dent that he received the letter does not deny absolutely that he did receive it. On cross examination he testifies: Q. My memory is that 1 aked you if you hud received any letters from J. W. Zook of Nemaha county, relative to stono from tbat point? A. No, I don't think that I did. Q. You don't think that you received any letters? A. No. V. You were subpoenaed to bring them, but vou don't think you received any? A. I Lave no such letters in my lKMsession and I don't think I ever had." ' This is far short of an unequivocal denial. Atwxd & Co. also purchased a quantity of stone f ron Van Court and Keys in Nemuha county for the ieniteiit.iary at a slight advance over the price jiaid Zookf Hut supiiose Dorgan' denial is unequivocal, still the probabili ties are tbat Zook sent the letter to Dorian as lie testitUw. Doi an was anxioiit to jiifctify his purchase of stone aud to shield the riondentfi. Hf plad ignorance of the price of utiine. as a jtitillnitioii for rarlng more than twice as much as it could have bien purchased for. His ignorance on that jHiint Ims the aiHtHin-e of being assumed; ami to admit tint he hud received the letter would, iu e!fect, I a con fession that he did know the price. On the other hand Zsik ia a disinter ested witnewi of fair apsarauce. He was anxious to fl.id a nun ki't for hi rock. He tetif1iM fully and une ini vocally that he sent a letter iluly Uiitod to ltorgan at Iaim m. ter, where Ihu-gan received hi mail, offer ing to furnish stone at locvnts pi r cubic foot for dimension plumed to size: and U rent jr hundred jsiuiuU for rubble ail fra on Uid the at .'l.nj.ii, Neiimha Comity : that this MM IimI hu return rani on it and that it ivw wa rtturn-d. That tin UU- tiHMie la true theie ta not a shalow f hait't aad it, with tt Mr thiiura. show ksiw uttui ly anmliabl la 1iku tntiiiaay, lit Parcliawo. Tba urrliM t( ttone from Alwiud A Co. are aa follow: ii'tVM rrv.n. MM ft at V pr f. , I tl TT 1 1 i. Ml ft at vw- m f .aw iiut a? fT ft. at ia f t4 , re W ii,wwnittMi, Mun. at !...,,, he It ra . !' a ht iwiiaHt.. I m to Vuiivm hv : M Kt fHin at ............... Mt Ml M,a aarrtwi.l i ., M a f t.oa t i ,,,.., , i it a ttti a Uuun 4M.MI at l" M Dm it .w ruM.i a ,., ,....., w ei !.! taruUita at a,.,.... 1 44 t.i)l4iisMl I ,., t tM W4fl at !- .,. t l v- rul.l-l. at u . . . I H W t tM4 at ;-4 !) rul.M. . s ue i tlini.ii,H at to..,,. -4 V 4 44 14 johnsok rroN, SS1.700 . dim. 8.M7 ft. at ISc perft 4. 81 1. NX) t dim. S.llSfu at le per ft m SH tw.ur.0 La. dim, W-i ft. at lAc per ft 1 W s iM.O ti. dim. 840 ft. at 18c per ft M4I MU.10U ti dim. 6.491 fL al c per ft 1,031 M 1 I.S0I 04 Total eyprnded by Dorgan for (tone. .$ tyj US pan or rroKt paid av Hopkins to atwood a oo. Rough ashler !.&! ft, at ISc per ft f 2111 IS Dimension 4,6404 5 fL at 85c per ft 1,W4 IX l.HJfl 40 Total paid to Atwood forston HJ The amount so paid to Atwood & Co. was about twice as great a the same quality am. kind of atone could have been purchased in the open market and the state thereby lost while Dorgan wa superintendent more than KiOfX) and aa Hopkins continued to receive stone under the Dorgan contract the lost to tbe state exceeded I4.0UO. On the lt day of June, 1W1, Mr. Dorgan made what be calls an estimate for to, UU a follow; estimate No: For work done and material furnished during the month of May, lS'Jl, for cell bouse at penitentiary ; Cut ume f 1,0 t 'oncrete. i M Excavating- it) Material mi hand not used 4, IK1 Balance due contractor , 100 The above estimate wa made by me thi first day of June, 1W1, audi hereby certify that the amount of work done and inateriuf furnished by Ntld contractor are true and correctly dated and set forth in tbe alsiva estimate, and that the said estimate is made in the manner and according to the plans and specification mentioned in the contract with the said state and said contractor. W, H. Dorgan, Superintendent. Signed in my Jiresem and sworn to lief ore me this lay of-, , A. I). 18. Approved by the board of public land and building. hecretary: 1 'resident: General Fund. The state of Nebraska. To W. H. Dorgan. Dr. For material used in building new cell house per estimate number one hereto attached, frt,10t). -Examined and approved June 1, 1801, by the boaru of public land and building and account to be charged to appropriation for penitentiary new cell house. John C. Allev, A. K. Humphrey. (Secretary. President. Tbi was approved and warrant drawn for the amount. He also at the same time submitted tbe following account: Lincoln, Neb., June 1, 1803. Mr. W. H. Dorgan. supt. In account with prison contract To 857 days at 1 1.00 fr.7 00 To KG day team n! fa ("1 78 00 To lumber ft i. sum, Hi nxl . , , 100 00 To caris iiter work 1H 00 To 6 wheel barrows . t St .50 , . W 00 To nails and niacin Una , (im To K .loiieu squares, .v. , 8(0 To U dozen shovels..... , 0 00 To 2 car stone. AOO0 ro excavating..... 850 (0 lo swiU'hitiK and uiiloitiling 14 cars 60 (0 Reci'ived payment, prison contract.... $1,030 la 'Mm Ai'i'iiiioroinent. A similar estimate for June 1891 for fH,- WK) was made on the 3d day of July and similar account Hied, which were approved arid warrant drawn. The third estimate and account were filed OctolsT 5th IbiH for 000 and were approved and a warrant is sued thereon. The fourth estimate and ac count for 5,000 were tiled and approved Do. collier. 7th 18il and warrant drawn. The fifth estimute and account were filed March 'if.h lK'J and a warrant issued. It will be een that he had thus drawn from the treas ury upon these various estimates the sum of Mi, 100 without so far as appeal's a singla vouciier from the iiersons wlio nod furnished the lalsar or material, or their asshriiees. Bee. 1!), Art 4 of the constitution provides: "1 lie commissioner ol iiutilic lands and buildings, the secretary of state, treasurer and attorney general shall .form a board which shall have general supervision and control ot an tne ouiiuingft, grounds and lands of the state, the state prison, asylums, and all other institutions thereof except those lor educational purposes; and snail perform such duties and be subject to such rule and regulations as may be prescrilx'd by law." ISec. 4, Chap. ha, Art. 7, compiled statutes provide: ''The raid board shall have power under ;he restriction of this act to direct the gen sral management of all the said institution and lie resismsible for the projier disburse ment of the funds appropriated for their maintenance end hall have reviewing power over the acta of the ofllcer of such institution aud shall on the rt of lh state at regular meetings a hereinafter di rected audit all account of such ofllcer In cluding the account of the commissioner of public land and buildings except hi sal ary." tec, 5. "At the regular meeting ol the board it shall lie their duty to eiamiiie the accounts of the public oAicere contem plated in this act and to determine whether the same are entitled to tie id out of the money appropriated for the piirpo of maintaining the institution for which they are charged and if correct shall approve the same which approval shall lie signed by the president and cotinterigned by tbe secretary under the date of such action; and if tbe a counts be incorrect eiuibltant or not tn titul to vmeiit from u h appropriation the same sliall l dil provnl awl returned to lh rlaiiiiaiit such board keeping a rtoird of the utme 4 (, 6. '"When the accounts aUv men tlo'U'dhav tn tiUxIwith the Isiard aixi hll luive teii audiinl and approval by theiu the auditor i t publto a-tmnts w beiidiy author twl and dtrvckxl usn tha prew nut loll to him of sin h ai.iinU wi autkeiiticauMi Ui tuue hla warrant ill the trvurvr aicaiuo th prr fund or appn ti"C for Um anuiuut tlmiei n stated to Ilia rUiioaiit or bia aikiM At an account e-Miilust uielr tho p ovteion of this act MkU be Mitllk! to tvioeut until llwr have Imi ao ati-rovwl by the said IxanL" !ot. , lUf 6. an. rvidt "All ron saving i Uuoa t,irt the Wt hal atlot.it the sb with iImi tkla. la up rt thsrat f to tbe audio u ba audilwt, wtlhd andalU.wwi wilhltt two tiaara after mk It rutiet h f I nvrim, aiut In aU brHifht aiuit the statw a a aV-of, but am h a Km Wa t uthiUMt to th atobtisf and bv him aiiowml or Utallow( adopt ta rMM a !.( tl l i ro.t to Iheaatisfan lent if ttw rourt that that tlvfaadanl at the tin of trial at la aim of voie hr wa.ii hacoiikt a t priiM tt the audit-r, tn Ihat be a a tx 'ai.l4 frota aiaihiUwi tbe claim to the auditor by absence from the state, sickness or ana voidable acclden) provided the auditor in no rase shall audit a claim or set-off which la not provided by law." Kection li reaulrea all warrant. voucher, etc., to be preserved in tbe oflice oi tne auditor, rsec. z, art. v, ol tbe au chapter rnpiire the auditor to keep an aecoimt of all claim preaented to mm ror an examination ana ad' justuient and provide for appeal by any pnrty aggrieved, ah claims against the state are to be presented to him and must have hi approval before a warrant can be issued. Ibis means the Drimarv claim those of jierson who furnish the goods, latsir, etc. tt li true in expenditure contracted by the board of public land and buildings they mutit approve, that is, certify all voucher for such expenditure before the auditor can be required to act upon them. Thi I precaution to prevent fraud by requiring the board that contracted the debt to certify that the claim ia cornet. It doe not change the character of the voucher, however, a that is to lie for the original claim. Htate v. Moore 54 N. W, C. In the ease at bar the respondent on mere et mate and without voucher allowed Dorgan w oraw money at ni pleasure. , Had no Authority, 1 be board ltnelf could not draw monej from the treasury except upon proper voucner ana it ha no authority to author use Doi-gaii to do so. Hhould the mode adopted in tbi case become the rule, everj precaution fir the protection of tax payer? woiiui oe nrouen down, tne constitution an itatute set at naught and money unlawful!; and in defiance of law taken from the treasury. Tbe testimony of Hopkina show that at the time he was appointed auper fntendenton March In, 18W2, Dorgan bad built the south wall and one-third of the test wall and that wa uljtaiitially all that wa done. Hopkins testifies on crow ex amination. u. How far had this cell house pro gressed at the time you took charge as sup- nnteniiencr a. i no north wan ot the cell bouse was Completed aud part of the east. O. Do vou mean tha north or south wall? A. I should say tbe south wall of the cell louse. (J. Aud a part of the east wall? A. And a part of the east wall, yes sir. ' (J. The north wall had not yet been ton down? A. No sir, we hadn't commenced on that I should have said the south wall. Q. Was the south wall clear up? A. Ye sir. O. How far was tbe east wall? A. Why it wa perhaps one-third, He also testified ''the grate were put in the south wall and the door was hung, also the large door;" this testimony doe not eem to lie denied. Tbe expert called to place values upon the several wall of the bill lin ing and the whole a it now stand differ greatly. The five called from Lincoln all ilace the value of the several part includ ug material very much lower than tbe ex pert calliil from Omaha. Thus Mr. Bullock a builder f Lincoln placed the value of the south wall at 5,47J while Mr. Coots, a build er of Omaha estimates the value complete in round numtier at 10,003. He also estimated I tie east wall complete at tU, 7117. 95. It if :liffieult to reconcile the various estimate of the various experts; it would seem there should not be so much difference in estimated values. Perhaps in arriving at an approxi mate value it would lie well to take the average of the estimate which would be ?8, 437.18 for the south wall 'complete. Coots estimates the value of the "east wall complete, 4,707.1)5, one-third of which would lie mo.mt. Therefore all the work per formed under Dorgan' superintendency had it been done by free lalior would have beer, worth $0,H48.07, but having lssen almost wholly performed by convict labor the actual cost even at tl.W per day for convict has exceeded 8,000.00. It also appears that there were plans and detail prepared for which it is claimed JXiO.OO were paid. There wo some stone on hand, but the amount thereof doe not clearly appear. It couU not have been very large, however, because II ipkius after he became superintendent purchased stone of Atwood & Co., as hereto fore stated, to the amount of 1,837.!I5. At the time Doriran ceased to be superintend, ent all the stone that wa supposed to U Decenary w sntnjnt to complete the east w all and to raise the north wall to the same height ar the south wall. Iiut sup. pose we estimate the stone on hand at FJ.000.00 and the value of the south wall at 1 10,010.00 and the aggregate of tho work had it been performed by citizen labor would lie tl.t.Xt.00 which would Include everythliijr and for thi Dorgan bad received t-u.ioi.w ami a mere were no futnU iu the tivasury the amount wer drawing interest at seven per cent but the work on the south and east wall wa almost wholly jwrforniod by convict LUr. Th testimony shows that convict would jmr. form from one-half to two-thirds aa much btbor as wa performed by citiens. Ho thai the actual cost of the wall includiug super intendent must ,ia been very much ka than the abov 4imaU. In March or April HrJ after Hopkins was appuiitted siiwrintcndent he removed th rap stuns from the top of the north wail when it wat dieovird that theie wa no liindwr in the wall ami that tha mortar -wsned no adheiviHHMs WorthleNi, aii4 that it would he unsafe to build on IU The rmsiiilenta were thereupon consulted and found it necewjtrr to itwit to the tetrlug down of the wall and rbuildlug the ctiw and thu wa drnm uich-r Hopkins' di-m-tion. I sir nan had nothing to do with this or putting- on tts rtf awl all eveler!- at to the cot and valua of the north wall, f'f, etc., are not in luiia iu thla ras nor of tha building a it itow stnndis " thrw ta tut iliariin against llo aina, Itorxaa m t iriM-1 to lb kins tha suua of .'Ml t !.. Kan ba m-rivwl and rvtaittwl i !a A I!att (hrge. li.tu tr day f.-r th Cin a t a 1th' o-h ith eviutiactor tald but 4 oats It wan aihytd that tl tat htd the thotca imI that tha in a trWlol for tlws stat were prri-thvd t niaaiut a ii I thervVor ia aum Lis han lh artii coavirt. This a shown tt I tru ol viht or ten vf Uhw cuiploit, but m. ally. M. !. WVe It, prwsiJcat of the lVltri Miufa4 tunue roatpay, ttinl that ha ampkif s otdiuarlly about on half ol tha ihi I. U. thai t You h pt. tiraily cart blaat b at to tt. rln'te-n t4 tim nM'M, A, Ye, I bitvwt, V Vou ut your vkk vf Ut aiaa hi tb riiaMSMl m AtYocale.5-.- w - The government own ershlp of railroads and telegraphs. That frelghtratei i J" Nebraska be reduced t a level with those i force In Iowa. The building by th national government ol a great trunk line fro North Dakota t tht Gulf of Mexico. 1 in ii ) rn n -i 1 nil'""'" ' NO. 52 ' A Well, tbat is to say, ale or diseased men if I short men. 1 don't! take crip, can help it, nee Q. You take long time men, good Strang healthy fellow? Ai Yes, in myfbuaines I want topkfc man that when be get familiar with the work be will be worth something; it takes soma time to learn them." He also testifies that be pays 40o per day for each convict employed and furnishes them tobacoo, can, dies, chewing gum, etc., In addition. " The, wages paid by him appear to be the ordl nary wages and tbe proof fails to show thai on any contract that continued for a consid erable time were greater wages paid. There are charge that more days work were charged to tbe state than were rendered. That some such were rbargnd there I no doubt; but the extent of such charges can not be determined,although the amount paid was considerable. There would soem to bfc no reason wby the state should be charged a greater rate than 40o per day. and with a capable, intelligent disinterested superintendent of tbe work and proper ef fort of tha reapondent no more need have Iron paid for the convicts who worked for the state. The appointment of Dorgaa whose interests were altogether with Modier is entirely unjustifiable. If the board wa busy aa it claims to have been there was. all the mora . necessity for the.ap puintment of a capable, disinterested super intendent who could be relied upon to toofc after the business and interest of the state. No ordinarily prudent man would have ep pointed Dorgan to UU the position of super Intendent nor placed in his hands ten of thousands of dollars; and it is not turpriaiiur that the state ba suffered serious lose. Jf leems that Hastings was absent wbenDor. tan was appointed; that he had selected isinterested party named Daveyendhed promised him the position. But after bis re turn he visited the penitentiary and claim to have found everything satisfactory and right and concluded to retain Dorgan. No man can serve two masters and this ease has proved no exception to tbe rule. jnai tnere were frauds in tbe nour con tract there is no doubt but the extent ot inch frauds it is difficult to determine. Thus, In January and February, lttttt. the flour was weighed, it is claimed, and the ' only record presented was the stubs of the weigh checks and they are lost. There K also proof that tbe drayman was in the habit of leaving a number of sacks of flout at a deignatod place on the way to the asylum. The charges under this head are fully sustained. VlMltloir Prlaonk. ' 2. It appears that while Dorgan wee possessed of the money in question he at the ron nest of the respondent rmid to Hotikina fJOO to enable him and Elder Howe to visit the prison congress at Pittsburg, Pens. Boon afterwards the board received from him 1500 of the money, belomrlne to the state to visit various point to enable them to choose the best cell. This was charged to tha cell house fund. These approprt atlons are justified vpon the ground that the state would bt bunofitod thereby, and that the refore i'i wa a proper expen diture. Bee. Hi, article 3, of the constitution firovide: "No allowance shall be made for he incidental expenses of any state officer except tbe same bu made by general appropri ation and upon an account specifying each item. No moiiev shall be drawn from tha treasury except In pursuance of aspeclfle appropriation made by law and on the pre sentation of a warrant issued by the aa ditor thereon, and no money shall be dl verted from any appropriation made for ant purpose or taken from any fund whatever either by joint or separate resolution. The auditor sliall within sixty days after the ad journment or each session ot tbe legislature prepare and publish a full statement of all moneys expended at such session specify ing the amount of "Vach item and to -whom and for what paid." This provision declares that "No money shall be drawn from the treasury, except in pursuance of a speciflo appropriation made by law and on presenta tion of a warrant issued by the auditor thereon." The legislature makes appropria tions. It ia for it, composed as it l of rep resentative of the people, to nay whati for the interest of the state and require the ex-js-nditure of money. Unless it grants the authority there 1 none. If an officer or a number of them can take ft 1 without an ap propriation and lie justified in doinir so. he or they may take all that there is in tbe treasury if iu their view tha state will be benefited thereby. . Money taken without any annroDriation ia taken not onlv without law but in defiance of it aud if tbe principle ia once established would lead to gross fiuud and pecuiationa. Huppose trustees having the care of property and were receiving tha rent and profit should desire to visit distant point to enable them to admister tha estate with wisdom and pruduuee and thereby benefit it Could they charge this expeuie upon the owner or beneficial ies without their consent lawfully ei pressed? No more can they do so in Uue in .Univ. The state, through its legislature, must give ita aut to an expenditure, otherwise the rnrty must pay it out of hie own pocket. No voucher was Bled with any officer showing the amount eiudcd nor any attempt to comply with tbe law. In addition to this the cell house is not ready fot tho cell even now, therefor there was no emergency, hut umk-r no view of the case ran the r t-iuiirtire I justified and tha fact hi lie t.r two previous in stance such tftditttre wera nuuh which do not ih to have lawn known lul tend to show tk lax in ( hud that sewm to liv prctadvd wtui the hoard btaec tbe riuditiir of inoiirj wa concartMsL It al ap-r that the legislature awW aa appropriation tf !. for tha travelling iviwmi vt thu lird. It ta true Mr. Ailvtt t.-.litW'a that r-iJ of thla sum bad bum iwieM. Ha lo tesilttj-a tbs all tha ntmu Irra ha. I pSMra, mt their railroad far waa nothing. Mo tar a b tait tha vtotta to tha tarkiu state iiniitutn.ii by the board tha iiidltur should Hot bitva tibial II'), and probably did not, If the board dwiieil to tratel on mtlctal InMinesa It would eeiii that tbi wa the fund l that pwraHt, It appMtrt at-o that isiyi, umk! f-ist to awl the holler tn tha prliv a tharge wuh b t.rojly twhtiMxd to Mvavt a ad slfHtld bat ia sl by bint, Atldlilvital I'rovloloa, la aihl lien to lb mil nary prnt Wm la Ipproprutliou bi!l li at of Iwl cuulaiued t U v4low lutf t ' H I'actt tUta iJtWa ii'vetl! m K.'ghth Pa ) J If