fjZ COODTT JOURNAL-
OtO. D. CANON, Editor.
tUSaigO.V, - - XFBUASKA.
HECRASKA STATE NEWS.
.'A co-operative company has teen r
ajanlred Ht jiurr to liuitil ami operate a
reamery and chetse factory.
Frank Carpenter of Sutherland la har
vesting hi onion crop and estimates the
.yield at iOO bushels. He has been of
fered io cents per bushel for them in
'the track at Sutherland.
The Gretna schools and all of the
neighboring district schools are closed
thin wetk on account of diphtheria.
There have been two fatal at-s and
there are two others which are consid
ered dangerous.
Walter Graham of Crofton was killed
Tuesday by the falling of a timber upon
tata abdomen, crushing it in a horrible
manner. He lived for several hours and
was in utmost agony. His wife has been
'.bedridden for months.
Tteglster Hinman of the United States
land office at North Platte says that
tnany more tilings on government land
are being made this year than last. The
ajood crops and prices of the last season
are largely accountable for the increase
In filings.
The Blair creamery Is at last finished
and early next week will be put to work
aeparating milk. Its capacity is 15. Ow
pounds daily and with proper manage
ment will probably receive a good pat
ronage. The contrac tors will commence
the erection of a creamery at Arlington
next week.
The B. & M. has a force of men with
mule teams and scrapers filling a tig
embankment under its bridge across
the Platte river south of Central City.
The space to be filled in is some I.jOO
feet .and from the present rate of pro
gress it bids fair to be an all winter's
Job.
The wajjes of laborers at the stone
juarries at Weeping Water have been
raised from $1.50 to $1.75, and it is a
hard matter for the company to find
enough men to work at that price. This
Is the best news about returning pros
perity that we have had the privilege
of chronicling yet.
Last Friday morning about 10 o'clock
Mrs. S. N. Dunning, living about three
tniles east of Dunning, committed rsui
ide by hanging herself. She has been
in poor health for several years, and It
tias been thought for some time that
her mind was not right She leaves a
husband and six children.
One of the barges of the pontoon
bridge at Decatur sank Saturday while
-A small bunch of cattle was crossing.
A number of the cattle slipped into the
river and had to swim ashore. The
water was shallow where the boat went
down and it was raised to its place
without great difficulty.
Fire consumed the entire stock of
merchandise of J. M. Wondera & Co. at
"Weston last week. The fire department
-made a heroic fight and kept the flames
'from spreading to Kaecick and Werta
Bros.' store. John Walla, harness shop,
nd J. L. Rooder, livery barn, lost
about $4,000, with very little insurance.
The origin of the fire is unknown.
Sam T. Willson of Royal Oak, Mich.,
left hia home November 1 last to come
to Beemer and has not been seen since.
His parents and friends supposed he
was at Beemer until a few days ago,
when his mother wrote there, request
ing him to come home, as his father was
dying. The missing man is about six
feet hig;h and has deep blue eyes and
auburn hair. He is about 30 years of
age. He had several hundred dollars
with him when he left his home a year
axo.
The deputy sheriff of Fillmore county
went to Lincoln Saturday afternoon rind
erved a warrant on Editor Austin of
the Evening Call and avowed his inten
sion of taking him to Geneva to an
swer the charge of criminal libel pre
ferred by Rev. Mr. Hines, the populist
-candidate for superintendent of Fill
more county. Friends of Austin got
out a writ of habeas corpus and a copy
was served on the deputy sheriff just
hefore train time. The deputy put the
paper in his pocket and took the train
or home, leaving Austin free, with no
body to take him into court, as com
manded in the writ.
Harry Hodgson, a single man, 26
-years old, who formerly lived in Omaha,
is reported shot and killed by an un
rated father In Dallas, Tex. The father,
John Willi, a former policeman, went
to the house where Hodgson was stay
ing, taking with him a double-barreled
hot gun. He saw Hodgson in front of
the house and irnmeditely fired upon
him. The entire charge took effect in
the back of the neck and in the shoul
ders of Hodgson, and he died in a short
time. Willi gave himself up to the po
lice. He said that Hodgson had taken
his daughter to church last Sunday, and
that she had confessed later that by
fore and persuasion he had wronged
Her.
E. E, Rogers was Indiscreet on the
train between Lincoln and Omaha Sat
urday, and as a result must continue
hia journey to Hanthorne, la., on foot.
His error is an old one and lay in trust
ing in the purity of a stranger's motives.
The latter confided to Rogers that he
waa on his way to administer his
brother's estate in Omaha, from which
he would be recompensed in a com
fortable manner. In the meantime he
felt a need for $14, and Rogers was so
Impressed with the urgency of it that
he entrusted the stranger with that
turn, which, in fact, was Rogers' whole
mean. He was assured of its return
on the train's arrival In Omaha. But
the stranger disappeared in the neigh
borhood of the Magic City.
--Mrr and Louisa Harrsch, who are
attenci.; the High school at Crelghton,
were fouild In their room In that city
last Tneadaiy. very sick from the effects
of poison. L&et Sunday one of them in
formed Prof. Newport that her alster
waa not feeling well and she might not
ome herself the next day. Prof. New-
Cort made Inquiries Monday afternoon,
at getting no Information made a per
sonal vlait to their room after school,
where they had locked themselves. In.
Both girls were lying helpless, one on
the floor, and the other In bed. Medical
aid waa aummoned and a courier sent
.Out to their father's farm, about fifteen
nlloa from there. He reached Crelghton
Vadnoeday morning and found Louisa
tfa a very critical condition. A nurse
waa hired by Prof. Newport and all the
atUatieo poaalble given the young girls,
who are setting along wall. Though
oor, the aaabitioa of the glrla to get
r education Induced them to go to
Lntfton to attend school. It la report-
I titer had become quit weak from
' vaunt a Kflctont food, and being
fMrtn to the people of Crelghton It
tl fcawawat they became dlaheartened
4 r took etiyehnhae with the view of
t their mlaerr.
THE STATE LOSES ITS CASE
BARTLEY BOND CASE DEALT A
FOUL BLOW.
A Mero Technicality, which li Un
warranted by Law. Court Decis
ions or Good Morals, Used Against
the State.
Omaha, Neb.. Oct. 23. The great trial
of the state of Nebraska aga!nst the
bondsmen of the defaulting ex-state
treasurer, Bartley, to recover the stolen
$5m.730.i6 was abruptly ended on Fri
day afternoon.
This sensational ending of one of the
most important cases ever tried during
the history of the state was bro't about
on the merest, flimsical technicality.
Judge Powell, before w hom the case v. as
being tried, on Friday afternoon ruled:
"in view of the decision in the Lansing
case, and the very mandatory character
of the language of the statute of this
state, the failure to approve the bond
on or before January 3. isy5, was a
very material matter and by reason of
that failure the office of state treasurer
became vacant and remained vacant
until the 7th day of January, 1S97."
Karly in the beginning of the trial,
some three weeks ago. Judge Powell
held that the approval of the bond was
not material, and a point which the de
fense could not take advantaee of. Put
now, after two days' argument. Judge
Powell reverses himself and by so doin?
made it necessary for Attorney General
Stnythe to dismiss the casts and begin
a new one. which he did Saturday.
In discussing the moral phase of this
judicial outrage. the World-Herald
says:
"Seldom has so remarkable a decision
ever fallen from the lips of a Jud,?e.
Just think of it. The office of treasurer
for the two years ending January 7
was, according to Judire Powell, vacant,
and yet there languishes in Douglas
county's jail a man condemned to a sen
tence of over twenty years in the state
penitentiary because, as state treasurer,
he embezzled the state's money dur
ing a period when, according to Judge
Powell's decision, the office was vacant.
"Newspapers ought to be slow to crit
icise the courts, but there are times
when it becomes the imperative duty
of a newspaper to announce its solemn
protest against such rulings as resulted
in the termination of the Hartley case.
If cases are to be disposed of on tech
nicalities It is hitrh time In Nebraska
that some of these technicalities be on
the side of the people, who have been
plundered and robbed by republican c f-
"The sams mti.m-r of ruling made by
Judge Powell yesterday, would open the
jail doors to every public plunderer
against whom jail doors have closed,
and would insure freedom from restrain
to every other republican defaulter
who has enough rash with which to em
ploy shrewd attorneys. The same man
ner of ruling made by Judge Powell yes
terday would place the people of Ne
braska at the mercy of every man who
has plundered a Nebraska treasury-"
The decision given by Judge Powell
that the office of the state treasurer was
vacant during all of Bartley's term
raises a Question which was discussed
at considerable length among the attor
neys in the court room, as to whether
or not Joseph S. Bartley will be com
pelled to undergo his sentence of twenty
years in the penitentiary for embezzle
ment as state treasurer.
The general trend of the comment was
based on this question:
"If Bartley was not state treasurer,
can he be convicted of a shortage as
state treasurer? He was convicted as
state treasurer, ana if tne court holds
he was not treasurer he has, in law.
been wrongfully convicted."
But aside from the moral involved the
decision of Judge Powell is clearly Mm
trary to law, and especially the laws of
Nebraska .and the decisions of the su
preme court of this state. Upon this
proposition the World-Herald in a very
clear and common-sense editorial on
Monday morning said:
"HE WHO RUNS MAT READ." ,
In rendering his decision whereby the
Bartley case was brought to an abrupt
termination, Judge Powell referred to
a certain statute, concerning which he
said:
"This, It seems to me. Is so plain that
he who runs may read, and that no per
son who can read ought to misunder
stand, especially when supplemented by
the decision of our supreme court in
the Lansing case."
If this statute was "so plain that he
who runs may read," why did not Jud.se
Powell read that statute intelligently
when he held in the early part of the
trial that the question of the bond's ap
proval was i.nmaterial?
If "no person who can read ought to
misunderstand this state, why did Jtid
Powell misunderstand it when he ruled
in the early part of the trial that the
question of the bond's approval v.-as
Immaterial?
The World-Herald undertakes to ray
that aside fnm the attorneys who de
fended the Hartley bondsmen no law
yer of standing will indorse Judge Pow
ell's decision upon this point.
In his opinion Judge Powell put much
stress upon this provision of the statut":
"The approval of each official bond shall
be indorsed upon such bond by the of
ficer approving the same, and no bond
shall be filed and recorded until .'0
approved." He then said that because
Mr. Bartley's bond was filed before It
was approved, the filing thereof was
without any force and effect because
of the statute just (juoted. Is Judge
Powell right? Let us see.
The third section Just below the one
quoted by Judge Powell provides as fol
lows: "No state or county officer, cr
their deputies, shall be taken as secur
ity upon the bond of any administrator,
executor or other officer from whom by
law bond is or may be required, and no
practicing attorney shall be taken as
surety on any official bond, or bond in
any legal proceedings In the district In
which he may reside." The language of
this last section with respect to taking
attorneys upon official bonds, or bonds
in any legal proceedings, is certainly rs
mandatory as the language of the sec
tion quoted by Judge Powell.
If the filing of Mr. Bartley's bond be
fore It was approved was rendered of
no effect because the section quoted by
Judge Powell said that no bond shall be
filed until so approved, then the taking
of an attorney as a surety on a bond
In a legal proceeding would be equally
unaffected under the provisions of the
section last quoted, which provides that
In such a proceeding an attorney shall
not be taken as surety. Hut the su
preme court of this state In the case of
Luce against Foster, 42 Neb., page 18.
said that under the Nebraska statute
"an attorney at law should not become
a surety upon a bond In a legal proceed
ing In the district In which he lives, and
if he algna such a bond the clerk should
not approve It, HUT IF IT UK AP
PROVED TH "5 SURETY 18 NEVER
THELESS " JjND THEREBY," This
language is so clear that "he who runs
may read."
The principle Is that the provision
Just quoted are made for the benefit
of the atate. and If the state see fit to
waive them the bondsmen cannot com
plain. They In no way then can Insist
upon that as a reason why they ahould
not be bound.
Judge po1t quoted from t, ijiv
' In support of hi 1mk..h.
quotation m fitt t. )i )l!i
Blori id- nu.-tnti. n would seem ' !,
him, but t i ie are other purl the
sam ilecii.,n whhh dhow that 1 s
not help him. in that ihm thi n'i
brought an a tlon to determine th
;
i t
ity.
flll-
I t
ling
to
law
i hin
vt Judge Ijirmiiig to hold the o
county judge of Lancaster
Before Judjie Landing could suco
ly defend himself he was lump
show that he had done ever)
which the law required him to
perfect his title to the office. TU
required him to tile his bond v.
a certain time: he did not do .i.
..nd
hence, failed to show that he had i me
one of the things essential to his ht
to the office. There the state was in
sisting upon a compliance with those
provisions of the law made for it ben
efit. In the Bartley case it w aived that
compliance. On page of the t-th
Neb., concerning the Lansing case, ti e
supreme court said: "But ACTIONS
UPON BONDS GIVN OUT OF TIME
and direct proceedings to oust an sifl
cer for failing to qualify according to
law PRESENT VERY DIFFERENT
QUESTIONS for consideration." Jud,;e
Powell in his decision thought they pre
sented the same question, but if he had
read the Lansing case carefully he
would have noticed that the supreme
court decided that they pres-nt-'l
"VERY DIFFERENT QUESTIONS
FOR CONSIDERATION." That tiie
supreme court did not consider tre
Lansing case an authority for such a
decision as Judge Powell rendered is,
from the lanSBage just quoted from
that case, so plain that "he who runs
may read."
In the same case, on pages u20 and .".21,
the supreme court said: "There is
another class of cases which were suits
on official bonds tendered and approe 1
after the statutory time. THE BEST
fcjNUlLiCRKD OF THESE CASES
HOLD THE BOND VALID, not
because the statute fixing the time was
directory merely, HUT BECAUSE THE
OFFICER BECAME A DE FACTO OF
FICER, or because THE OFFICER
AND HIS SURETIES WERE ES
TOPPED FROM ASSERTING THU
VALIDITY OF THE BOND, thev hav
ing TENDERED IT AND IT HAVING
BEEN ACCEPTED AND THE OFFI
CER HAVING ACTED UN D Tilt IT."
Had Judge Powell the good fortune to
have read that part of the Itnsing case
he would have said In the Hartley case
"that the officer (Bartley) and his su:-e-ties
were estopped from asserting the
validity of the bond. THEY HAVING
TENDERED it and It having BEEN
ACCEPTED and the officer (Bartley)
HAVING ACTED UNDER IT."
If Judge Powell will take the troub'e
to read in full the reports here referred
to, the World-Herald assures him that
he will find in them such a plain and
emphatic condemnation of his derision
in the Bartley case that "he who runs
may read."
SOME MORE EXTRAVAGANCE.
Printing: Bills a Creat Bonanza For
Republican Administrations.
Lincoln, Neb.. Oct. 16. The senate
journal of the last session of the leg
islature has been delivered to the sec
retary of state by the contractor. The
book comprises about 1,000 pages, or ex
actly 962, and was printed and bound at
a total cost for the 2,000 volumes of J3G2,
or at the rate of Jl per page.
The price paid per volume this year
Is 48 cents. The comparison with pre
vious bills paid by the state for the
same work under the administration of
republican officials shows that the re
publican administration was a mignty
fine thing for the contractors, even If it
was costly to the taxpayers of the state
Here are some figures on printing this
same senate journal: In 1S95 the repub
lican state printing board let the con
tract for printing the senate journal and
2.000 copies were printed that year, as
this. The republican senate officials In
1HMS padded the book and got 2,034 pages
into it. The contract price that year
was $2.35 per page, or $2.38 per volume,
and the total cost to the state was
$4,779.90, more than five times as much
as this year.
In 1SS9 the book as made up contained
1,598 pages and the cost per page that
year was $3. The cost per volume in 18.' 9
was $2.40 and the total cost of the job
was $4,794. The excess of the cost U.
1895 over that of 1897 was $3.817.0, or
more than four times the total cost this
year.
The cost of printing the session laws
shows as great a difference under the
present administration as does the sen
ate journal job. The state has printed
after each session of the legislature the
journals of the two houses, a compila
tion of the school laws for the use of Ihe
officials who need then in the counties
and school districts. Some figures from
the books in the secretary of state's of
fice show what republican government
cost the state in this small particular
alone. All four of thee books cost In
im, $18,510, and in 1X95 they cost $12,-
247.90. In 1897 they cost the state for the
whole batch Just $3,55.01. The exc?xs
of the cost for these printing contracts
over the cost in 1897 was $14,644.99 In 1HS3
and the excess of cost in 1835 was
$8.:;S2.9.
In 1895 the republicans printed 1,000
house Journals at a cost of $3,910 and in
1897 the present administration had 2.000
printed for about one-fourth of that
sum, or exactly $1.0oo. The printing of
these four compilations cost the state
In two years of republican ascendancy
over $20,000 more than It should have
cost for those two years, as shown by
what the present administration gets
It done for.
FIGURES ON CENTRAL PLANT
Plan to Light all State Building
More Economically.
Lincoln, Neb., Oct. 2?. The draughts
man In the office of the commissioner f
public lands and buildings is making
some calculations showing the distance
between the five state Institutions and
buildings at Lincoln, with a view of
having some estimates made as to the
practicability of Instituting a central
power plant to furnish electricity tor
lighting all of them.
Those places to be reached are the
state house, the penitentiary, the state
university, the home for the friendless
and the Nebraska hospital for the In
sane. All of these, except th hospital
for the insane, are now furnished light
from the Lincoln Electric Light com
pany or the city gas company. Th
state university especially gets In addi
tion ft large supply from the street rail
way company for power purposes.
Some figuring has hcn done by local
electricians on the feasibility of the
state furnishing all this and saving a
larje amount In light bills. The exact
amount of the cost to the state for light
ing is not at hand, hut It Is known that
it costs for the state house $45 per
month, and It was $65 up to a f"w
months ago; the penitentiary pays $'.00
per month, and the university must pay
many times as much.
The distances as shown by the
draughtsman's plat are, counting from
the state house, to the penitentiary two
nd a quarter miles, to th sylum about
the same, to the university about one
mile. The home for the friendless I
situated In the middle of the triangular
plat, bounded by a line run from th
state house to the penitentiary and to
th asylum.
FIREBUGS FINALLY FOUND,
An Old-Time Scandal nrtCrlm
Mlsd Up In tho Affair,
Arlington, Neb , IN t. :5 -KherIT
Mem ke arrested George Knights and
Mrs C. E. Harbour yesterday evening
a the Hll-ge. guilty parti's who etj-t-ed
the recent disastrous tire in llili
town. The prisoners were inmodialely
taken to Blair.
Blair, Neb, While the 111 fat of Ar
lington as yet a nine days' wonder the
perpetrators of the crime have be.-n
overhauled and lodged in Jail at ihi
place and w 111 soon have sentence pao" I
upon them, as court is now in session
here.
The parties under arrest are George
Knights and Mrs. C. E. Harbour. Mr.
Knights conducted a grocery store on
the first floor of the I nland hall, and
in company with lrs. Barbour and her
son, used two rooms of the store for
living apartments. The son was in he
western part of the state when the fire
occurred so Is not implicated.
Since the day of the fire Sheriff
Menoke has had A. A. Keyser of the
Mostyn detective agency, Omaha, et
work on the case, and together have
scooped in enough evidence, all circum
stantial, of course, to Justify County
Attorney O'Hanlon in filing a cnmpUint
charging George Knights and Mrs. Bar
bour with the crime of arson.
Mr. Knights had his stock Insured
for all It was worth, and as no one else
carried insurance enough to warrant
such a deed, suspicion rested in that
direction from the first. Detective Key
ser alletres that this Is not the first fire
that Mr. Knights has gone through,
seemingly for the sake of the Insurance,
and also under suspicious circum
stances. In ls94 he took charge of his son's
store at McCool, York county, Neb.,
and in 1M5 was burned out. Soon after
he opened a grocery store in Arlington,
the fate of which Is already known.
A rather Interesting story which bor
ders on scandal is told of the prisoners,
which Is rouh, but true, and vouched
for by those who know. In 1S86 Mr.
Knights, then a resident of Sac City. Ja.,
became infatuated with Mrs. Barbour,
a Baptist minister's wife, and as a re
sult his (Knights') wife procured a di
vorce and alimony on the charge of
abuse and adultery with Mrs. Harbour,
w ho left her husband some time ago and
has plnce been living with Mr. Knights.
W. K. Harbour, a son, has been In the
employ of Mr. Knights since he located
in Arlington and has been used as a
blind to divert suspicion, though they,
the old folks, were never seen In society
In Arlington, having been given a wide
berth since their arrival. The son is a
man of 26, Is of good moral character,
but Is hardly accountable for Lis
actions.
September 21 the city of Arlington was
ablaze In the heart of Its business por
tion. Business blocks and residences
were destroyed; a loss of about $18,000.
That the fire was incendiary there could
be no doubt..
POLICE COURT AUCTION.
Unidentified Stolen Plunder Coes
Under the Hammer.
Omaha, 'eb.. Oct. 26. In the
police court yesterday afternoon
was held the first sale of un
claimed effects that has occurred in two
years. A neat sum, nearly $4(t0, was col
lected In this way for the relief fund. As
a rule, the honor of making the sales
has devolved upon the chief of polic,
but yesterday Joseph Sonnenberg, an
expert at the business, acted as auc
tioneer. Three tables were filled with mer
chandise that made the numerous
pawnbrokers who had come to bid turn
green with envy. There were satchels,
boxes and trunks that contained un
known wealth, revolvers by the score,
dirk knives, daggers, sets of harness,
household utennila. old cloth"-",
'pipe, brass filings, and last, but not
least, a numoer oi waicnes. vaiuauie
and otherwise. The sale was unusually
brisk. The auctioneer, quite regardless
of the sacrilege, stood on the Judicial
throne, and. holding In his hand a buf
falo robe, said something like this:
"Howmuchamloffered; brannewbuflo
robe. stolen by a thief who didn't kn.iw
its value, and tried to pawn It for the
small sum of $10. Howmurhaniloffer 1?
What? Twenty-five cents! Why, (his
buffalo robe is fit for Buffalo Bill. It's
branew, branew."
The robe was finally disposed of for
the small, the disgraceful sum of H to
a man who raid that he knew all along
that one end of it was motheaten. For
nearly three hours the sale continued.
As usual, there were some valuable
articles. A $50 watch sold for $22. an5l a
$75 watch for $21.50. Captain Haze was
the only member of the police force w ho
did any bidding. He secured a large
wooden clock and some table '.Inen. At
dusk the sal" was completed, and the
relief fund had Increased by a splendid
leap.
IMMENSE FARM SHIPMENTS.
Cattle and Craln Traffic Gives the
Railroad a Big Boom.
Omaha, Neb., Oct. 26 -The freight of
fices of all Omaha roads are rushed to
their utmost capacity to handle busi
ness. It Is the general statement in all
offices that never before In the history
of western railroading has there been
such a press of traffic. In many In
stances It is Impossible to supply the
demand for transportation.
The freight rneo explain that this
state of affairs Is largely to be credited
to the high price of grain and Ihe
stock, produced by the heavy foreign
demand. Another thing Is that the
country to the west has more live stock
to ship than It had last year, as many
of the ranchmen did not ship out as
largely of cattle and sheep last year
as they would have done had the mar
ket been better. This caused a surplus
this year, and now they all want to get
to market at the same time.
Mr. Phllllp.,1 of the Missouri Pacific
has Just returned from a tour of In
spe tlon ove. the Central Branch. He
finds everything In good condition and
business everywhere rushing, ffpeaklng
of the crop outlook and the rain In Kan
sas he says: "From Atchison to Lenora
there has fal'en from four to six Inches
of rain, which has put the ground In
excellent condition. As a consequence,
the winter wheat is In good shape, and
there Is on an average of 30 per cent
Increase In the acreage of w heat plant
ed this fall over one year ago."
Dr. Lea Is the Martyr,
Lincoln, Neb., Oct. 2S. The secrptiry
of state has received notice from Frank
Heller that Dr. J. I. Leas of Chndron
had been named for the plac on the
goldbug democratic ticket made vacant
by the resignation of Judge J. C. Craw
ford. The secretary sent out to the
county clerk notice of the new nomi
nation. The registration this year In Lincoln
Is very light. As compared with the vote
cast last fall the registration during the
first two days is about one-third.
Windows for car can be easily opened
by a new attachment consisting of a
;yllnder In the car below the window,
with a rod running up to the under side
of the window frsm. By opening a
ralve In the supply pipe air I allowed
to flow Into the cylinder to fore th rod
up and push th window open.
OMAHA BEE 03 POST RECORD
PART JUDGE POST PLAYED IN
IMPEACHMENT TRIAL.
The Verdict was Hailed by "a Gang
of Corruptlonlsts" The State
House Plunderer Had "a Friend
In Court."
(Otnalis World Herald )
A 8TATEMKNT OF ALI.KiKI FACT.
Albert M. Post, who for th" last six
years has filled a position on the su
preme bench of Nebraska. Is by right?
entitled to re-election. Judge Post li
admitted to be one of the ablest Jurists
In the state and recognized as the
strongest member of the court over
which he presides as chief Justice.
Omaha Bee, October, 1894.
THE FACT ITSELF.
Judges Post and Norval rend-red the
verdict of acquittal in whk h the defend
ants were reprimanded In the cases of
the republican state officials against
whom impeachment proceedings were
brought. Judge Maxwell dissented from
Post and Norval. In the B-e of May 29.
193, before that decision was rendered
the editor of the Bee had in his paper a
"signed editorial," from which the fol
lowing Is taken:
Right here let me also express the
hope that the report now current that
the court will reinstate the imeached
officials with a reprimand is baseless. A
REPRIMAND Wol'LD MAKE THE
Kl'PREME COL'RT HOPELESSLY
RIDICL'LOfS. A court of impeach
ment is not convoked to reprimand offi
cials rharg-d with misdemeanors. The
officials were reprimanded when the
Bcathlng report of the Investigating com
mittee was adopted by the house. But ;
the legislature, representing the people!
In their sovereign capacity, decreed by'
an almost unanimous vote th-it they be1
impeached and tried for misconduct.!
Trie legislature by Its vote to impeach;
virtually declared that In its Judgment j
a reprimand would have no graver ef-j
feet than pouring water on a duck'j
back. I
As to the charge that I am trenching
upon my prerogative as an editor and
attempting to dictate to the supreme!
court, I simply scorn the Imputation. 1:
claim the privilege as the editor of a po-!
lltlcal paper to discuss a political trial
that must be far reaching in its effects
upon public morals and political desti
nies. When Tweedism was rampant In
New York the Times, which was then!
a republican paper, Joined hands witbi
democratic officials to break up the rob-
bers' ring. The light begun with an In-1
vestlgatlon and was fought to a finish. I
There was no let up when Tweed and;
his pals were indicted. There was no'
attempt to befog the people and talk ol ;
malicious persecution when Tweed Co. i
were on trial. There was no let up until
Tweed had been put into a convict'! i
garb and his ring had been all smashed
Into fragments. Was any Chicago ed-:
Itor arraigned for violating court eth-:
li-s when the anarchists were on trial?!
They did not cease hammering away at ;
the jury and the court in behalf of good
government until after the law had been J
vindicated. These trials involved the'
lives and Individual liberty of the ae-!
cused. They were In no sense political.
And yd the men who wielded their pens'
for good government were not subjected
to abuse and held up as dictators. !
Regarding Impeachment as the most
effective weapon to stamp out boodler-;
Ism I have supported the movement to
depose the state officers whom I do not '
regard as worthy to remain custodians'
of public property and public funds. 1,
am deposing tlx"" iiManw s a citizen
of Nebraska I desire to see the stale'
wrenched from the grasp of reckless!
and faithless public servants, and I am
for deposing them because I desire to
see THE PARTY REDEEMED
THROl'iill A REPUBLICAN COURT .
FROM THE STAIN AND REPROACH
WHICH THESE OFFICIALS HAVE
CAST UPON IT In my opinion A VEP- j
DICT OF ACQUITTAL WOULD BE A :
SERIOUS BIAV TO PUBLIC MOR-!
ALS. It would be hailed as A PROCLA-
MATION OF AMNESTY TO DISHON
EST OFFICIALS. It would encourage
Mosherism and Dorganlsrn in every
court house, In every town council and
In every school board. I
E. ROREWATER.
In the Bee of June 4, 1SS3, the follow-:
Ing editorial opinion appeared; j
The future of the republican party In
Nebraska Is In the hands of the su
preme court. The Impeached state offi-
clals were elected as representative re
publicans and IF THEIR CONDUCT IS
CONDEMNED BY A REPUBLICAN .
COURT THE PARTY WILL RKJHT-'
FULLY BE CHARGEABLE with the
responsibility for the acts of the trti-?
peached AND THE VERDICT OF THE
COURT. In the high court of public
opinion, to which all public men and
parties are accountable, THE SU
PREME JUDGES WILL BE JUDGED
BY THE STANDARD OF PUBLIC
MORALS HICH THEY SHALL SET
UP IN THIS CASE for the political
agents of the state. There Is no law
governing the degree of Impeachable of-!
fenses. The Ideal of what constitutes1
an honest and faithful discharge of du-i
tics is, in the minds of the members of
the court, and they, for the time being,
by their verdict, cover with a al of
approval or disapproval the conduct of
the officials whom the representatives
of the people In the name of the people
arraign' d for misdemeanors in office.
There can be NO MIDDLE GROUND
FOR THE COURT to stand upon.!
There Is no place in their verdict for a
reprimand or a whitewash. The court
must either declare by its verdict that
these officials are unfit to !e reinstated
as custodians of public property and
managers oi the affairs of state, or they I
must decree that In their Judgment, In;
the face of all the evidence of criminal,
recklessness and Indefensible negligence j
the affair of our state have been In
trustworthy hands and the Impeached
officials w ill, by their finding of not 1
guilty, be acquitted of all blame ardj
resume their functions with THE HEAL
OF APPROVAL FROM THE HIGH
EST TRIBUNAL In the commonwealth.
Such a verdict will be HAILED BY
THE GANG OF CORRUPTIONI8TS
that has loot"d the state treasury a A
NEW DISPENSATION, but It will be
the death kneil of the republican party
In Nebraska,
On June 5, 1SS3. Judges I'ost and Nor
val acquitted the defendants with a
reprlnmand and the Bee, In Its Issue of
June 6, 8'j3, snid editorially:
A ruling majority of the court of Im
peachment has acquitted Messrs. Hast
ings, Allen and Humphrey of the
charges preferred against them by the
legislature, a art forth In the articles
of Impeachment and CONFIRMED BY
THE TESTIMONY adduced In the trial.
The verdict will not be a surprise to
those who have watched the case
closely, for It has been anticipated al
most from the outset of the trial.
The Be of June 7, 189J, editorially,
commenting upon Judge Post' decision
In the Impeachment cases, said:
During the past two years thousands
of dollar hive been stolen from the
tat treasury by the Lincoln plunder
er, la there no law, and la there no
officer of th law by which th offand-
ttm msr be riirilh'dT " ,h
h, tier shut up l'"l' .. ...
Judse Maswell rsndldsts fo
r-non. notion th showed thsj
he was to be punish-d for his dlnsetil
t Judge Poet decisions In Its Issue ol
October 13. 1K3. te Re Sttld ;
It is a matter of notoriety nat a ma
turity of the republican slate oriirnltte
are corporation henchmen who hav
prostituted the machinery of the Ir'
at the behest of rail ay managers. wh'
had entered Into a conspiracy
IMPEACHED STATE OFFICIALS to
depose Judge Maxwell. , ,
In its issue of Octob, r S, 1?3, the Bee
made an appeal to the republican state
convention not to turn down Maxwell
because he had dissented with Post, and
the Bee said:
Shall the party strike down and retlr
a Judge of the supreme court who nas
become offensive to the late impeached
state officials? .... "the bonviot
the Phillstints who have debauched the
republican party and prostituted It to
their base ends shall succeed in dom -Dating
lis councils and forcing upon it
some man of their choice the party will
have proclaimed its moral bankruptcy
and its inability to give the people
republican form of government.
In its Issue of October 14. 1H&3, com
menting upon Maxwell s defeat and the
men w ho brought it about the Lee said
that defeat was accomplished by th
friends of the impeached state officers,
who. smarting under the lash of public
opinion, are making desperate fforts to
recover a hold upon the party."
In its Issue of October li, 1VA the Be
said: , ,,
What was the turning down of Max
well but a PROCLAMATION TO THE
MEMBERS OF THE SX I'ULMK
COURT that if they dare Incur the
displeasure of the railroad czar or any
of his satellites their political doom i
sealed forever? , .
We tsddly a. sert that If William Lloyd
Carrison or Wendell Phillips were to
day living In Nebraska they would ap
peal with greater fervor for an upris
ing of every lover of freedom and every
hater of human bondage against the
corporate tyranny that rules this com
monwealth than they did of yore aga nst
the hydra-headed monster, African slav-
erc'all this a free state after the DAS.
TARDLY POLITICAL ASSASSINA
TION OF A VENERABLE JUDGE who
had Incurred the displeasure of railway
managers AND STATE HOUSE PIA N
DERF.RS WHOM TIIE LEGISLA
TURE HAD IMPEACHED for mlsde
mturiors In office?
NO COLD NOW UNTIL SPRING.
Yukon River Freezes Up Solid and
Boats are Hauled Up.
Seattle. Wash., Oct. 26. The steamer
Humboldt arrived last night with five
men from Dawson City, leaving there
September 3, and three men from Minolc
and other points on the Yukon. They
say no gold will come out this fail, as
this steamer has taken the last of those
who have come down the Yukon. The
river Is already frozen hard and boats
are laid up for the winter.
The Humboldt left St. Michaels Octo
ber 3. The live men from Dawson are:
John F. Miller and Frank Sims cf
this city; C. A. Harrison of Atchison.
Kas.; William Dubel, New Jersey, and
William Braund of Black Diamond,
Wash.
They were passengers on the river
steamer Margaret. When they found the
mouth of the river Mocked with ice they
resolved to come overland at all haz
ards. For seven days they crept for
ward through terrible wind and snow
storms. Some of them fell In their tracks
and had to be helped by their stronger
companions. They crossed the river,
covered w ith a thin Ice, .by lying dow n
and pushing their puck before them, and
at night they sought shelter from the
Ktarm by tiu.i.iiior m an Eskimo tent
or lying unprotected from the biting
wind save by blankets.
Of the 5,0i0 or 6,0h) people In Bswson
and vicinity at least 1.000 will be
obliged to flee from Impending starva
tion. Up to September 3, w hen the Mil
ler party left Dawson, new arrivals
numbered from three to twenty people
dally, and there Is no doubt that that
ratio will be continued all winter.
ONE WAY OF RELIEF.
Three hundred men were working In
the gulches, and in the hills were sev
eral prospectors, all of whom knew
nothing of the shortage, and were de
pending on the company stores for pro
visions. One way of relief Is open to
the miners. Five hundred or 1,000 could
winter at Circle City, l'sj miles below
Dawson, and draw their supplies by dog
train from Fort Yukon. Circle City has
00 houses, anil Is said to be the largest
log cabin town In the world.
John F. Miller says there will not
necessarily be starvation, but certainly
miners will sun'er extreme privation.
Five hundred men Intended to cotne
down the river, but that Is closed and
they cannot get out.
There is no dout t fin t the people tf
Dawson have been alive to the situation
for six weeks. "Our leaving." says Sims,
"was the beginning of a stampede for
grub. Transportation companies at St.
Michaels and Fort Yukon claim the
liquor traffic has no appreciable effect
on the supply of provisions. Not more
than thirty tons of liquor, they say, has
gone Into the country."
BLOCKADE OF GOLD.
With the blockade of the Yukon
every possibility vanishes of treasures
by steamer Portland. No gold will come
out this year. ,
There Is any amount of gold at Daw
son. It is not unusual to see horses
laden with Cust. But the mines are
owned by men who know their value.
"One sees It on every hand." the return
ing miners say, "It seems plentiful, but
you must remember It Is more plentiful
In the United States treasury and Is
Just as hard to get. people who flock to
the mines expecting to pick up gold In
the grass roots do not realize w hat they
are up against."
There is no doubt that a large amount
of treasure will come from the Yukon
Uastn next year, if the miners can get
enough to eat to continue mining dur
ing the winter. Gold sent out early this
year will not be a circumstance to nt
spring's oulpjt of the sluice boxes.
Mr. Miller ssys nothing of consider
able value has been found this summer.
There Is not an Inch of ground unslakeJ
on the Klondike.
The following named creek hav
teen located:
Sulphur, Quartz and Moosehlde for
Instance, for twelve miles above the
mouth; Henderson, Dominion and Vic
toria gulch.
Henderson creek Is twelve miles above
Stewart river and Victoria gulch la
twelve mile below Stewart river.
It has been found that X-ray ar very
useful for photographing- flower and
fruit buds. In an experiment made with
a violet-colored hyacinth the sensltlxed
plate, after development, showed that
th contour of the petals, the velna and
th Internal form of th ovary were well
represented. The use of tubes that five
very little light Is advised for such ra
dlographs. The auriferous tissue are
very transparent to th X-rays. Dry
frulta and flower buda alv excellent re
sults. The aeeds and different parU of
th flower ar distinctly aeen.
Two negroes, named Penn and Haxle
ton, were lynched at Bomervllle, Oa
They were accused of arson.
