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
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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
