THIS OMAHA DAILYWSlFTUIJiSlEAY MARCH JLL
proposed now will bo entirely too Into to
remedy evils which cnn rnilly bo prevented ,
but cnn scarcely bo cured ,
"Tho pcoploof Nebraska must rornomber
that It Is now the established doctrlnoof con
stitutional authority th. ttho legislature of u
stnlo 1 % In fact , the people nctlnp by tliolr
roprMrntntlves , and thai n such they may
aonny net not expressly prohibited by tbo
Into constitution , or opposed to the constitu
tion of the Unitoil State * . It u Imnossiblp.
ns All cxncrlonio tins thown , to expect pnro
legislation us lonp as It rests exclusively In
the discretion of the mo'nbcrs to vote for or
nealtist n bill. Thorn ulU always bo a lobby
tleinui.dtiift leplslallon opposed to common
rlfih' , und thotlobbv will always ho prepared
to rxprnd nny required sum to obtain what is
considorcd nn Irroponlnblo monopoly 01 grant
< f prlvllef.o or property , The only way to
tirovont this U to prohibit nny special legis
lation nnu conflno the Bonoral assembly to
new of a ( jcnernl charr.cur ,
' ' 1 ho in w constitution HIco that of Illinois
lias iimnlu provision against the creation by
tbo Ic L'lslivUiro ot nny stnto debt without the
previously ascertained consent ot the pcoplo ,
No wiser pruvlslon could have boon mitdo
npnlnsl the Improvidence or corruption at
legislation. The stnto of Illinois , after nearly
forty years of bondage , is Just oscanlnjr from
tlobti contracted by tn unrestrained losls-
Intliro , Against the possibility of llko folly
Nebraska ought not to throw nwny this res-
trlcllo'n. Flvo years hcnro a now conUllti
tlon may have to provldo for titxntlott to pay
n debt contracted In the Interval.
"Tno now constitution further and wisely
ndopiu u system of salaries for all Its stnto
ofilcorA , And prohibits ih < "lr Increase during
tliu li-rm of Its olllccrs. So admirably Is this
system proluctod Hint , Instead of the fee sys-
turn , uud.T which cnch ofllcor may roll up
enormous annual lncomu , the fees am to ho
vald Into the stnto treasury , Assuming the
present vnluo of taxable property In the stnto
to nu f , ) " > , ( H ) . i , 000 , tha cntlro salaries of the
ntutti ( rovcrninont will not require n tax of
more than thrco-llfttis of n mill nnnuully ;
nnd In live years , when the valuation shall
be quadrupled , the entire salaries of the
stnto ( 'ovi'i'nnic'ul will not equal In the negro-
gate iranrnountof fois which a slntrlo < > fll-
ccr inn > rocelvo In case the new ' 'onsttlutlon
'
be ri'Je'cicd.
" 1'por. the subject of railroad subscriptions
bv inuntL-liiallttos nllen.atlvo propositions
nro submitted. Ono prohibits such subscrip
tions and the other requites a vote of thfcc
llfths of the voters. Our itctvleo would bo to
accept the total prohibition.
"A now fontttro ot this constitution ts thu
limitation of the oxcirpUon from taxation of
'buildings and grounds belonging to and
used bv : my rollclOus soclctv for rellBious
purposes tt > the value ot J5.UOO. ' That Is to
j > ay , this provision rcqulroi that every ploco
of properly ttsod for cllurch purposes ahull
pay laxoa upon so much of Its vnluo ns Is in
excess of $ iODO , , The Injustice of any exemp
tion of property from taxation must bo np-
parent to every person. Why should not Iho
ordinary tuxes portnlnlnu to u church build
ing fornupurt of Its regular expenditures ?
"Who Is benefited by the exemption t Assum
ing l ho church property of Ohleajjo to bo
worth $2i > ,000,000 who ts Irnotllod by Its nx-
ctnptiou from taxation ! 'J ho loss of the SftT.V
000 taxable upon that property has to Do
nindo up by Increased taxation on ether
properly , includlr.fr the property of persons
who do not belong to and t.iko no part in the
services of such churches. If n Mnthodlst ,
church building and lot _ he worth 50,000 it
escapes the payment of j7. 0 lax ; but when n
llko exemption is extended to nil ether
churches it Is probable that the members
of ihnt church pay rnoro of the tax necessary
to supol.v thn deficiency ot revenue than
they would if they paid the tax In the llrst
instance on their own huilcting. The whole
nyhtem ot exemptions from taxation Is wrong
in priuuiplo , and doubly wrong In practice.
It Is the pretext for evasion of Just obliga
tions and affords countlc < s opportunities , nil
colzed , for abuses xvhich , if practiced In be
half of any other Interest than religion ,
would bo properly styled frauds. Nebraska
bti proposes to place this mailer right by requir
wo ing each congregation to pay taxes on the
wi property it owns , "and rolo.isos the members
from paying taxes ou any other person's
churches or on churches to which they do
not belong In any way. A moro Just prliici-
plo was/ / never incorporated in the form of
law. " V
With the constitution proper llvo separate
propositions were submitted to the peoplo.
The llrst of these prohibited the snlo of
liquor. The second prohibited the voting of
municipal uonds to railroad ? . The third pro
vided for tbo individual responsibility of
ilockbuldors of banks In four time * the
amount of stock held by each. The fourth
uDiiilttcd tbo question of woman suit rase ,
tnd the lilth compulsory education.
from Iho very outset the constitution was
ftlttorly opposed by the then leading organs
of both political parties , the Omaha Hupub-
tlcan und Omaha Ilorald. It was supported
vigorously by Tin : BBI : , which had comoinlo
existence only ninety dnvs previously , and
xvhich was in fact the only dally "paper
north of the I'Jntto river favor
able to the constitution , although It opposed
two of the propositions separately submitted ,
namely : prohibition and woman suffrage.
It soon became mnnlfc.st ihnt the railroad
companies and bankers , who regarded the
anti-monopoly features of the constitution as
Inimical to their interests , had determined to
defeat the constitution at all hazards. With
tills end in vlow they not only enlisted the
Icualng party organs und the federal ollicinls
timlor the leadership 01 ISIobrnsUa's United
Btales senators , Hitchcock and Tlpton , but
Snoy also found very effective and active
coadjutors In the churches militant. U liilo
the railroad and bank issue was studiously
Ignored a religious crusauo against tin- con
stitution was carried on from the pulpits.
Tbo clnuso that furnished the Incentive for
Ibis religious uprising was the provision in
the constitution prohibiting the exemption
from taxation of church property not exceed
ing jT > , ( )00 ) in vnluo nnd In notuiil use
lor religious worship. This provision was
dor.ounccd ns an attack upon religious bodies ,
nnd for once Catholics and Protestants maao
common cause in n political campaign. The
Catholic bishop launched an edict against
the constitution , nnd Kcv. Gilbert Dclanm-
tor , who then ofllciatcd ns inlulbter of 'the
First Methodist ctinrch in Omuha , but has
Rlnco pninoil notoriety as a rank antimonopoly
ely imitator , not only preached against the
constitution from his own p'llplt , but took
the stump and worked with the uorpor.itic n
tohorls : to defeat the adoption of n constitu
tion framed to curb the power and greed of
Iho monopolies. As n reward for his services
Jtov. Mr , Dclomator was presented nftor the
election with a silver service worth Stt:00 : by
Ibo railroad managers nnd money lenders.
1'coplo who lived in Nebraska during that
Inomnrublo struijglo will recall the placards
Instudhorso typo , "To Your Tor.ts , O , Is-
I'nel ! " that were to bo st'ou on every tight
board fenco.
Incendiary dodgers In nil languages were
rlrculalcd all over the state to Iucltoroligiou ! >
pcoplo to vote against thu constitution. I'lio
omlssnrlos who .woro hlix-d to do this work
anil the preachers and priests who peram
bulated the state wore nil liberally supplied
with railroad passes and funds contributed
toy tin1 banking pool.
I'V'litinfT against such odds the supporters
of the constitution had uphill worlr , but tboy
had the sympathy of the people , and more
over were ably championed by the most im-
prossivn orators and indefatigable politicians
of thu state.
/ "Tho following letter ( rnin the lute Judge
O.1J. . Miibon , published in Tin : Unu n fa\v
day * uuforn the oleotlon , sounds the keynote
D ( '
/"Nr.mutiKAGiTV.'Scpt , | I.1S71. Hon. John
G , Mjors ; There novcr was nn tnstrumrnt
framed eo perfectly unit completely In the
Interests of the people us this. It protect j
cnjiltitl and by Justgtmrautoes protects labor
ngulnst the unconscionubto urasp of the
monopolies , lam tuntued at the light organ
ized ngitinst it.
' "Now that we Imvo destroyed African
lavcry , are the people to bo made slavns tu
the carrying monopollrs of the world and
deliver themselves ever , bounil hand and
foot , to monsters that have no oycs to see , nn
lieart to feel , no oars to hour , no soul to suvo
nnd no hi < ll to shun.VVII , It looks so , but I
Mill have faith and hopa for struggling
Iiumiinltv hope , bocausa I bcllevo in the
llnal triumph of right over wrong. For
cooil orevll.jOii the projlo ) ttio bunion lies.
Ood's biilanro wat'-hed by his ungols U
Imnc across tbu skies to mark
nccurairly the conduct of individuals and
nations ; to into whether Justice , truth and
freedom and the rights of labor are rccoyr-
nl.i. > d unit vindicated In diulr councils and
liwi > or whether ovll triumphs and robs and
.vroiitf prevails. I fed u full consciousness
of having dona ray duty und that the work of
tha convention U eminently rlcht and Jutt ,
Lot ministers slieUormt liohind the omlneuco
/ of a pulpit condemn end mouopollea race
fclfaliibt the work , all history > hews that each
nllko In In wav has boon nnd now Is thu
enemy of the lolling millions of earth. True
religion , as taught by Jesus of Nazareth ,
camu speaking bopo and Joy to the laborers
olll \vtrhl end Ho clicto not thu gorgeous
tin pkb of Judeu to I'ltiLUgute bU doctrine
lut the Holds nnd proves nnd ho called not
the rich but the poor. Yours truly ,
"O. V. MASON- . "
This Iott6r , garbled end brazenly , forged ,
to suit the anti-constitutionalists TTOS cir-
minted broadcast ever the stnto , and Judca
Mason wo * made to nppcar ns nn opponent to
the constitution , while ho was In fact Its
uncompromising supporter. The now con
stitution provided that ballots bo forwarded
l > V the secretary of state to the respective )
county clerks and through them to the olou-
lion ofllcors. The vote In favor of .tho con
stitution and each sopnrnto proposition waste
to bo printed on cncli ballot , and doctors
wno desired to vote against the constitution
or cither of the propositions were directed
to scratch out Iho proposition with pen or
pencil. To Instito tha dafcat of the constitu
tion Secretary of Htnlo .lames , who was
also acting governor , entered into n con
spiracy with fodornl ofllco holders nnd the
corporation managers. The llrst slop to
ward carrying out Iho plot was to scratch
the tickets directed to county clerks and
thus render them useless for parties desiring
to vote for tua constitution ,
Omaha bonig the general distributing
ofllco for thu malts to all points lu the stale ,
the cntlro clerical force ol the Omaha post-
oftlco was set to work to scratch tha tickets
that were passing through Omaha on tholr
way from the state house to the various
county seats. This hlgh-handod criminal In-
terlercnco with the malls was dis
covered a few days before the
election nnd | , ubllcly denounced , but
no attention was paid to the protests.
The supporters of the constitution had ether
ttckats printed nnd forwarded , but lu many
cnscs they fulled to reach their destination.
The tiuxtstup of the conspirators was to tam
per with the returns us tboy passed through
the Omaha postofllcc. The canvass wns held at
Lincoln , October 4. 1871 , nnd the returns
were to bo transmitted under seal and voxcr
to the secretary of state , who together with
the auditor and president of the consti
tutional convention , noting us a board of
canvassers , was to opoit thorn , canvass the
vote nnd publicly declare the result. By the
connlviinco of the Omaha postmaster
these packaeos were Intercepted at Omaha ,
hnndod to W. II , .lamos , and by him opened ,
When It was found that the constitution hud
actually carried the returns were altered so
ns to show a majority against the constitu
tion.
tion.A.
A. row days bolero the mooting of the
board of canvassers General Strickland was
apprised of the Illegal opsnlng ol the returns -
turns , nnd nftor cnuferrlntr with several of
the lending supporters of the constitution ho
decided upon a plan of action to aofeat the
conspirators. Intense excitement prevailed
nil ever the stale , nnd especially at the stnto
capital , on the day of the canvass. When
( loucral Strickland reached Lincoln and In-
tininlcd to his associates of thu canvassing
board that ho bollcvea the returns lo have been
doctotcd nnd ihoroforo considered himself In
duty bouud to expose and denounce the
fraud nnd refuse to take part lu the canvasser
or proclaim Iho result , he was implored to
desist from his purnoso. Pledges were then
and thorn made lo himthatif the legislature ,
which had taken a recess and would recon
vene lu the following January , would pass a
bill to rcstibmtt the constltulion , omitting the
objectionable clauses , Acting Governor James
und the state nfllclals would use all their In-
lluonco to help It through. Thereupon Gen
eral Striclcland receded from his purpose and
allowed the canvass to proceed without pro-
tost. s
The vote as canvassed stood as follows :
Counties. 1'or. Against
llnffalo 1 ' . ' 5
llnrl 70 L78
Hutlcr Id ! 50
Cuss Tti'J ' 2tt
Ceil n r ti ! 155
Ohovcnno 45 3
Colfnx 1)0 ) 191
Ounilng 210 IfB
Dakota 11 297
Dnwsoii 8 21
Dlxon f > U 152
Dodge 2V ! 4M
Dniislu * G72 1,591
Klllmoro 42
OliKO 1'U ! -09
Hull 1)0 lit
JolTerson 18'1 27
.Johnson WO 300
I/Esiu Qitl Court I ! SI
Lancaster 1,2:17 : 178
hmcoln 7IJ 201
Mail ( son : J24
SIuiTlck ST. f > 8
Nemaha 259 Ci0 :
Otoo 574 58.1
i uwiioo 212 3C9
1'lorco SO
IMiitto U 329
1'olk 9
Kluhiirdson 8S2 491
Sullnu M4 ' 4U
Snrpy 3(17 (
tianndors 492 145
Sowurd 3.VI 12
: taiiton in 10 ! )
Washington 20S 305
Wnyno 22 3
York 53 30
Total WHO H.027
Majority uzalnst adnntlon Gil
On tha flve coupons the vole stood as fol
lows : The clause fixing the liability of
stockholders was declared defeated bv a vote
of S.tiSO to T'JSi. ( The clnuso prohibiting
municipal aid to railroads wns defeated by n
vote of 9,5i9toi,0'JO. ) Uompulsory education
was voted down by D.OjS to O.'SO. Prohibi
tion wns defeated by 10,100 to 6,071 , and
woman suffrage was submerged under a vote
of l',070 against to 8.503 for.
When the legislatureTnot in January , 1872.
the bill to resubmlt the constltulion as re
vised was passed by u majority of Iho two
houses , but when it reached Acting Governor
Jamns ho returned It with his veto , thus violating
lating thosucrcd plcdgo ho had made to Gen
eral Strickland nnd leaving the state under
an Infantile constitution entirely unsuitcd to
the wants of the stato. This last net of por-
liily on the part of James was doubtless in
spired by corporation influences nnd by son-
atoiiul pressure that sought to pcrpotuato a
corrupt dynasty which was flu ally over
thrown by tbo pcoplo of Nebraska tu 1870.
Olllrlnl Figure * Showing Stitu : anil .lliinl.
rlpul < < rowtli.
The estimated population of Nebraska nt
the time of Us admission as a state was 70,000.
When the federal census was taken in 1870
Iho number ot Inhabitants was K2Ui. ! ) ; In
Iho succocdlng two census decades the popu
lation increased over olght fold , or to the
magnificent total of l.OiS.'JIO , according to
the fodor.il census of 18'JO. Twonty-flvo
years' growth In population Is host shown In
the following :
1807 , estimated 70X)0 )
189. , estimated IWO ! ! ) (
Inotoaso 1.030,100
In 18117 there were only seven lowns In Mo-
braska with a population in excess"of 5UO.
Omaha Und reached u population of from
10,000 to I'J.OOi ) . Nebraska City , the second
town In the state , counted between 0,000 and
(1,000 ( population , Plattsmouth about 12,000 ,
Columbus , 1,500 ; Fremont botwcon 800 and
UOO , Grand Island'aooutthosamonndHrown-
villo botwcon fiOO and 000. LHcoln was only
ulmmlotnnd Lancaster county only mus
tered 500 population.
The growth of the towns and cities of Ne
braska has bt-cn within the last twelve
vcar * . In 1SIKJ sixteen cities returned n pop
ulation of ' . ' ,500 or moro , or n total of 2'.1,1'J1. ' |
In 18SO these places had an aggregate popula
tion of only 70,452. Thus in ion years they
Increased 220,7-12 , or ill8.33 per cont.
The advance mudo In the dccado between
ISSO and IS'.K ) , us shown by thu national cen
sus , is us follows :
TOWNS. ISSO 189)
Omaha : : o.5is 140.45 *
Lincoln UO.U & 3.15I
llu.urlfo 2.41V 1J.WJ
lluslliiK-s , 2.H17 13,581
NobriKka Olty 4.1S.1 11,491
I'lalt.sniotilli 4,175 H.3X
Kuiirnuy 1.7H2 6,07 ,
KoiilhOimihu . * Hco :
(3 r nil Island 2ori 7.530
Krcmont 3UM 0,717
York , . . 1.2.VJ a,4J5
Co ninlnis 2.131 3.131
.North 1'luttO ; . . , 303 3.055
Norfnlk , 547 : taw
Kulrunry 1,251 2UJ (
lloiilroKO , 2,001
McCook 2,3lt
Illlllr , 1.317 i.Ol.9
Wyinoro , 2,42i
Ulniilron I'.JXM
David Olty. . . , 1,00) J.O.'ii
Sulmylor , . . . 1.017 2.100
Knits Oily , , . . . 2.102
CrtUo , 1,870 2.310
Wnhon. . , , , , , , . , I'.O-K )
Kuwaid. . . . , , 1.W3 2,103
ifiint.inKA ( idi'uitoita.
David Uutler , term bo an.January 21 , 1807
Kohort W. V'urnas. , . . . , Ianuar > IL : 187 :
Slliis Curlxtr , , , J n unary II , lt > 73
Album * Nanco , January U. 1X71
Jiiniux W. Dawes , , Janiiiiry 1 , 1
John II Thayur . . . . . .January ti , 1W
J nines K , Huyd , . . , , January 0 , IbU
Turrlturlul < 5ovcrnc > rn.
I'rancls Hurl , term boiun..Ootobor 10 , IB5
MarK W. Uird : Felmutry 20 , 1855
W , A. Klcburil.on , , Junuiiry 12,18V
Bamuul W , Itluuk , May 2 , PttK
Alvln SauiiUuri , May 1) , ISO
A MEMORABLE EPISODE
Impeachment of Governor David Butler and
Deposition by Legifllaturo of 1871.
A NARRATIVE OF THRILLING INTEREST
A I'lalii mul StriURlitriiMritrd Itccltal of the
IiiclilciiM nnd I > rrlptloii of tlio
Scenes AttomlliiK tliitlur' *
Inipciiohiiiciit.
The impoaohmcnt nnd removal from ofllco
of Usvld IJutter. llrat governor of the slnto
ot Nebraska , stands out In bold relief ns ono
ol the milestones In the political history of
' o stato. A wide divergence of opinion ox-
sis nt this tiny oven regarding the motives
hut actuated the men who toolc n leading
iart In the Impeachment procoodlugsnnd up
, o this tlmo nobody possessed of reliable In
formation has ventured to wrltn n true his-
.ory of nil the circumstances that culminated
n the conviction of Butter and his removal
from the olllco of governor. Uutler was n
magnetic leader nnd untiring worker , nnd n
Inn bcllovor In the doctrlno that In politics
is In war Iho spoils belong to the victors ,
llu was nn nggrcsslvo fighter , a tnnu of rare
executive ability , but reckless at rocurds the
ways nnd menus to accomplish ends. A man
of generous impulses , but totally Indifferent
ns regards the character and Intnerily of
Ills associates either in politics or business ,
ho naturally fell In with n class
of Jobbers , who sought , through htm , to pro
mote tholr mercenary schemes.
When Huller wns made governor In ISO" ho
became the head of the commission for re
locating the state capital and eroding Iho
necessary slate building nt Lincoln , This
commission had almost unlimited powers and
opportunities for speculation nnd peculation.
Ttioy not only had charge of the snlo of thou
sands ot lots in Iho city of Lincoln , but were
empowered to leiiso arid dispose of Iho mil
lions of acres of lands with which the state
hud been endowed by the government for In
ternal Improvements ( rullroadh ) , for educa
tional Institutions ( public schools , university
nnd normal school ) and for public buildings ,
including Iho state capitol , | .eallenliary , Insane -
sane hospital , etc. This commission was
also empowered to loan out the per
manent school fund on real oslata
security. In the middle of his llrst
term charges were frcoly made against
Uutler and his associalo ? that they hail
recklessly misappropriated building funds
nnd corruptly entered Inlo collusion with
sinto contraclora for public buildings , olc.
These charges were brought to the notice of
the legislature lu 18(19 ( und n legislative com-
mltteo was appointed to investigate thorn.
Butler's magnetism nnd the pressure of the
contractors converted tbo committee and the
charges vcro whitewashed.
Emboldanod by his success in covering up
his lawless transactions , Butler bocnuio
almost defiant. In 1870 , after ho was ronom-
inaied by the republicans , specific charges
.woro made against him by the leading organ
of the democrats , the Omuha Herald , assort
ing that ho had appropriated to his own use
$17,000 of the stnlo school fund nnd had boon
guilty ot official corruption In sev
eral ' ether respects. The republican
slnto control committee was called together
with a vlow of demanding Butlor'o wilh-
drawnl from Iho Ucnot , but Butler boldly
announced tbo chnrcos as base fuoricalioiis ,
and made such vigorous onslaughts in his
public speeches against Dr. Mtllor and the
Herald that republicans refused to bcliovo
him guilty , nnd regarding him as n victim of
political malignity supported dim without
wavering. It was expected by everybody
that Butler would refute the charges tniit ho
hud appropriated nionny from the school
fund in his message to the legislature , but
Butler studiously refrained from referring
to the subject either in Bis message or in
augural.
The first three weeks of the legislature of
1871 'wore taken up with nn exciting senator
ial contest. When the members had sallied
down to business It began to bo whispered
that leading democrats und independent
republicans , who had been elected
on pledges to Investigate Butler ,
were gelling ready for an onslaught. To
head ott this movement the following resolu
tion was inlroduced in thu house by Edward
IJosewatcr , ou January 25 :
"Resolved , That the governor Is hereby re-
questca to communicate lo Ibis house , at the
earliest moment , ihe name of the agent ap
pointed by authority of nn act of the legisla
ture to collect from the United Stales the 5
per cent upon the snlo of public lands set
apart for school purposes prior to the admis
sion of the state , the amount so accrued and
duo to the stato.and the amount collected and
paid Into the state treasury. Also tbo
amount paid to the said state nccnt for his
services. "
The resolution was unanimously adopted.
Within iivo minutes after It had boon
passed Rosowatcr slopped into the executive
chamber end informed Governor Butler that
ho bad introduced tbo resolution
because ns a republican ho
thought the party should hnvo
iho credit of clearing up Ihoso school fund
charges. Butler expressed himself highly
pleased and then wont on.to explain that he
had borrowo-1 this money and secured the
state by mortgages which he then nnd there
exhibited. Those mortgages nppoared lo bo
from David Buller to David Butlor. Ho
then asked whether ho could depend upon
the gentleman to help him legalize hie action.
The answer was that ho was not prepared to
pass upon the question , but hoped that the
governor woula straighlcn out the mntlor
and relieve the republican party from any
odium. Within loss than thirty minutes
after this Interview hud taken place , Butler's
private secretary appeared before the house
of roprosentaltves with the following
message :
"To the Honorable Speaker of the House
of Roprosontatlvos : In response lo n roso-
lullon passed by the honorable ) house of rep
resentatives relative lo the collection or ilie
Iivo per cent fund , I submit the following
report : Amount accrued und duo the stnlo
January I , 160'J , J10,88I.'JO. While In Wash-
Inclon in the spring of 18U9 , I secured the
auditing nnd payment of this claim , nnd do-
poslloil the nbovo amount lu the state
treasury. No fee or commission was paid
uny ugo'ut for its collection.
"UAVID BimF.n.
' Executive Dopartnient.January 23 , 1871. "
Next morning , January 20 , Mr. Hosowator
prosonlod the following resolution , which
was adopted :
"Whereas , Ills excellency the governor , In
reply to an inquiry from this house , reports
the collection of $10,831.20 from the United
States government , credited to thu state
school fund , In iho spring of 1809 , nnd that
ho dopo3itod this amount iu the state treas
ury ; and ,
"Whereas , The reports of the state auditor
nnd btnto treasurer for 16(19 ( and 1870 full to
exhibit tbo transferor said amount lo or from
tbo stnto treasury , therefore
"Ketolvcd , That the chairman of the com
mitted on ways and menus is hereby In
structed to proceed forthwith to the olllccs of
the state auultor and treasurer and request
from said stnto auditor and trensutor u atuto-
ment for the Information of this house , why
the amount abovu montlonod Is not credited
to the state In tholr reports , and whether the
said amount is now oa their books lo the
crodlt of this state. "
At thu afternoon session of the same
day the chairman of the committee
on finance submitted the following ;
"STATE or NuimtsKt , AUPITUH'S OFFICE ,
LINCOLN , Neb , , Jan. 20 , 1871 , Honorable
Thomas t\ Hall , Chairman Comimlteo of
flimnco , Ways nnd Means ; Dear Sir III
compliance with the following resolution * of
the house of roprosontnllvos of this date ,
Viz. :
'Whereas , Ills excellency , the governor ,
In reply to nn inquiry from this house , ro.
ports ttio collection of $10,831. (1 ( from the
United Status government , credited to the
stale school fund , In thu spring of 18(19 ( , and
that ho deposited this amount in the state
treasury ; and.
'Whereas , The reports of the state auditor
nnd slate treasurer lor 180U and 1870 fall to
oxhioil Iho transfer of said amounls to or
from iho slate treasurer ; therefore ,
'Uesolved , Tlrat the chairman of the com
mittee of ways nud means is hereby In.
structcd lo proceed forthwith to the nlfiues
of the state auditor and troasurcrand request
from said stutu treasurer und auditor a state
ment for the information. of this
house , why the amount ubovo men
tioned Is not credited to tbo state In
their reports , and wbeihor said amount Is
now on tholr books to the crcdltof the slate.1
"Will reply that the above amount referred
to In your resolution tins not appeared upon
tbo reports of the state auditor and stutu
treasurer from thd fnct that Iho said money
has novcr been paid Into the treasury of the
slate , nnd no rccerptlias been given by the
trensurar for said amount ; nnd further , that
there Is no entry tlpoti the books ot Ihlsoftlco
nt this date , showing such credit , I um , sir ,
very rospecttullv , our obedient servant ,
"JoiiX Uiu.RsiMK , Btnto Auditor. "
Immediately nftrrtho rending of this com
munication n committee of three \\ns ap
pointed to wnlt ou Iu4 excellency , the gov
ernor , nnd nsk tor.nn explanation of the dis
crepancy botwoptr hU message nnd the com-
munlcntlon of the slnto auditor In rofcrcnco
to the school fund.
Ou the second day nftor this committee
had waited on the governor tU chairman sub
mitted n roper 'which In substnnoo
represented that ' the governor had
haa succeeded 'in collecting n claim
amounting to Slfl.iiSl.'JO from the
Unllcd States. The money was deposited
with N. C. Brock , a banker , who wns ulso
deputy slate treasurer , but as there was no
law specifically placing Iho procootls of the
claim In the common school fund Iho gov
ernor hnd borrowed the money , from the
state treasury for his own uso. To secure
this loan the governor had Issued mortgages
on 23,000 ncros of I'awnoo county lands
dated back to Mny 25,1S09 , but executed on
the 28th day of December , 1870 , n few days
before the legislature convened , The coin-
mltteo reported ihnt the mortgages had boon
placed In the office of the treasurer and the
( nlorost on the loan had been paid for ono
year. The whole subject was thcioupon re-
furred to the committee on common schools ,
colleges and universities , who nt once re
quested the nttorncv general lo Interpret the
law authorizing iholonnlngof the permanent
school and the n per com fund itorlvod from
the sale of public lands. In response to thcso
Interrogations the , attorney gen
eral stated lu substance thnt
the governor hnd no right to
convert nny pnrt. of the fi pnr cent fund to his
own uso. nor was thord nuy law authorizing
the lonnlngof said fund.
On Saturday , January 23 , the dny follow
ing the report of the committee , Mr. Myers
of Douglas olforoil the following resolu
tion :
"Uesolved , Thnt n committee of five bo
elected by this house to prepare articles of
Impo'ichmant ngninst his excellency , David
Butler , governor of Nebraska , for misde
meanors lu office. "
The resolution was made a special order
for the following Woduosdny , February 1.
Ou the day and at the hour fixed n vote was
lukon nn the Myers resolution nftcr a most
oxcltlng dcbalo , with Governor Butler ou
the floor nnd the house packed with specta
tors. The vote stood 17 for the resolution
nnd 22 against falling short by llvo votes
of a majority of the house It was declared
lost.
lost.A resolution to appoint a Joint committee
to invostignlo the conduct of nil the
stnto ofllcors wns thereupon passed
for a unanimous voto. On the evening of
the snmo day Uovotnor Butler gave n recep
tion to the members of the legislature , which
must have cost him more than half a year's
salary.
The Joint resolution for an investigating
committee passed iho sonata the next day. on
February 2 , and us soon as the house hud-
bean notified the election of this committee
wns proceeded wllh by its members. The
commltleo was composed of Elam Clark of
Washington countj1 , chairman ; Ltowis S.
Koo'l of Douglas nnd E. N. Gronnoll ot
Sarny on the part of tbo house , and E. W.
Thomas nud Lawson Sheldon of the sonnto.
This commllteo at ouco procnodoil to work
nnd summoned n largo number of witnesses.
On February 8 the house adopted a resolu
tion directing the committee lo invostignto ,
among other things , , the manner in which
certain state lands ) iud boon deeded away to
railway companies , by the commissioners.
Ou the same day the following rosolutlou wns
alsondoplod : ' '
"Whereas , Onq George LI. Miller ,
odilor nnd proprlclor of the
Omaha Herald , has , assorted tlmo and again
that Governor Busier and the stnto officers
have stolen the school fund state lands , and
committed divers o her crimes , nil of which
tbo aforesaid George L- Miller has asserted
through Iho columns pf Iho Omaha Herald
thnt ho could prov < } In fifteen minutes ; und
"Whoroas.Tho interests of the stnlo demand
thnt such testimony and proof is of great Im-
porlanco lo the state ; tlioroforo , bo it
Resolved , That Iho 'committee on Investi
gation bo and nro hereby requested to send
for the person and the papers of the aforesaid
Gcorgo L. Miller instantor , to give the nec
essary testimony to said committee In order
to expedite the business now before snid
committee nnd rolloyo the stnto from further
expense In preparing tuo ovidoaco necessary
to conviction. "
On tbo 10th of February the house passed
n resolution empowering the committee on
investigation to examine tbo condition of the
railroads that had rccoivod land grant subsi
dies from the state nnd to employ two com-
.potent engineers to uxnmtno the condition of
said roads and report to the committee under
oath.
oath.At
At noon of the same day tbo legislature
look a recess until Tuesday , February 23 , In
order to enable tbo investigating commllteo
to bold sessions In various parts of the stuto
and complete Its work.
When Iho logislnluro'Breconvenod Gover
nor Itullor sent n " special message
to Iho bouso protesting against the manner
In which the investigating committee had
pursued Its inquiries into the management of
state affairs. Ho remonstrated against the
taking of export testimony , nud stated that
"tho parties most interested have had no
opportunity to cross-examine witnesses or to
rebut testimony given by thorn , although
thoyhavo frequently offered to do so. " The
house paid no attention to this remonstrance ,
because Its function under the constitution
was that of a grand Jury , while the senate ,
before whom Impeachments nro tried , exor
cises the functions , of n potty Jury before
whom both sides hnvo n fair hearing before
n , verdict 1 rendered ,
Immediately nftor the remonstrance of
Butler had boon road , tha Investigating com
mittee submitted a very elaborate report
concerning the conduct of stnto ofllcors , nnd
ns soonns the rending of the report had been
concluded , the following resolutions were
introduced by Mr. Myers :
liosolvcd , Tnat David Itutlor , governor of
the stnlo of Nebraska , bo Impeached for mis
demeanors In ufllco.
Itcsolvert , Thnt this house will Immediately
proceoil to elect n commltleo of five member * ,
who shall prepare articles of Impeachment
nuulnst D.ivld lliitlor , governor of the stnlo ot
Nobmskn , for misdemeanors In oflloo nnd said
committee shall also bo fully oinpowered tenet
net In the case as mnniiKCMon behalf of this
house In the Iniptmchtnonthoforti tlmsannlo ,
Itciolvrd , Thnt , u committee ot two bo ap
pointed to co to thu senate nnd nt the bur
Ihnroot. In Iho nnino ot the house of rouro-
fcnlaUvo * nnd of nil the people ot the stnto ot
Nonrnskn. to Impoacli D.ivld Hut tor , governor
'of the stnto of rsolirnskn. of mldcmoanors In
ofllci ! and acquaint the sonnto Unit Iho house
of representative * will , without doluy. ex
hibit particular articles ot Impoaolimont
URnlnnt htm nnd nmkn good the sumo , nnd
that the committee do demand thnt the sen
ate tuko ImmiMilato order for the appearance
ntsnld David Duller to answer the sulil Im
peachment.
Afier laying ever ono day the resolutions
wore carried without debate bv a vote of 83
toil.
toil.Tho
The house at once clcctod ns mnnngors of
impeachment Mo.isr.i. John C. Myers , U. J.
Hudson of Plnttc. .1. E. Doom of Otoo , Deforest -
forest Porter of iNO'imha , nnd 11. C. Rlardon
of Washington.
Ou March 2d Mr. Hosowntor Introduced the
following resolution :
"Resolved by the house of representatives
of the state of Nebraska thnt the treasurer
of the stotn of Nebraska and the state nudl
tor thereof are hereby authorized , In
structed nnd empowered to mnka nn
Immoalato demand upon David
Butler , governor of the state of Nobrnskn ,
for the Immediate payment to the stnto
treasury of iho proceeds of the snlo of public
lands of the United States received by him
from the general government for thu benefit
of the state of Nebraska , under and ny virtue
ot n Joint resolution ot the luglslnturo of Iho
state of Nebraska approved Juno 21 , 1SU9 ,
under the provisions of which Joint resolu
tion the said David Butler , governor as
aforesaid , was authorized to demand nnd ro
colvo nnd pay ever to the stole treasury ; nnd
which said sum of money , amounting In the
aggregate to $10,831.20 , the snld David BtU-
lcr has converted to his own use , without
authority of Inw nnd In violation ot the stat-
ulo In such cases , mudo nnd provided. "
The resolution was tabled ou motion of ono
of Governor Butler's friends. Its adoption
would hnvo given Butlur his last chnnco to
avoid the fatal consequences of Impeachment.
On the 2d day of March a resolution passed
the house in conformitv with nn opinion of
the supreme court thnt the seerotnry of stuto ,
Wllllnm H. Jnmes , who by the constitution
wns the next In succession to the governor ,
should act us governor during the suspension
of Butler and until pending his trial before
the sonata sitting ns n court of 1 in pouch in cut.
The managers of Impeachment engaged Gou-
arut Experience Estabrook and Judge Eloa-
zar Wakeloy ns attorneys for the state to as
sist the prosecution in the impeachment trial.
On March U the articles of impeachment
formulated ngalnst David Butler were for
mally discussed nnd adopted by the houso.
These articles were eleven in number.
The first charged Butler with unlawfully
appropriating to his own use $10,831.20 of
school moneys. This article charged that ho
had unlawfully and corruptly drawn out ,
handled , employed and used the amount spe
cified as als own private funds and for his
own private use and benefit.
The second article charged him with being
iu collusion with and accepting a brloo from
certain contraclors for the construction of
public buildings. Specification 4 of this
article also charged htm wilh levying black-
mall on lessees of Saline lands near Lincoln.
Specification 7 charged him with fraudu
lently conveylntr certain lots in the town site
of Lincoln , belonging to the stnto.
The third article charged him with appro
priating a part of the attorney general's
salary to his own uso.
Article charged him with oorruptlv al
lowing Joseph Ward , contractor for sovornl
public buildings , a larger sum than ho was
entitled to.
Article 5 charged htm with becoming a
party to nn excessive 'contract price in the
erection of tba university building.
Article 0 charged him wllh wilfully
falsifying fuels In his answer to the re
solution introduced to the house
requesting him to report the amount
collected by him for school funds nnd what
disposition hud beun madoof the funds , in
which communication ho falsely declared
that ho had deposited tbo amount of money
lu the state treasury , well knowing that ho
had not deposited tbo sumo or nny part
thereof in such treasury , and intending
thereby to deceive the house of representa
tives , the legislature1 nnd the people of said
state contrary to his duty ana oath of office.
Article 7 charged him with loaning out
largo amounts of the permanent school fund
to certain parties , knowing nt the tlmo that
the securities were wholly Inadequate and
Insufficient.
Article 8 charged Butler with receiving
and appropriating W8.43 balance of money
In hand of 0110 , Thomas L. Griffey , treasurer
of the board of emigration , and which sum
of money said David Butler never paid into
the treasury , but wilfully , corruptly and un
lawfully appropriated to his own uso.
Article U charged Butler with convoying
patents for sovonty-fivo sections of land to
the Sioux City & 1'aclflo railroad company ,
Iccatod in Dodge , Burl and Cuming counties.
which the railroad company won not entitled
to.
to.Artlolo 10 charged Butler with divers cor
rupt deals In the snlo of lots nnd lands In nud
around Lincoln , ami among these specified
was quarter section DO In township 10 , nortli
of range 0 cast In Lancaster county , sold
for (1JO ! ) , of which sum Butter hnd appro
priated to his own use the sum of $1,120.
Article 11 charged him with the nlo of six
lots to ono Andrew J. Crnpsoy , nt private
snlo , causing the titles therefor to bo exe
cuted In the name of the stnto , for the sum
of $2,400 , of which amount Butler appropri
ated n part tohls own use nnd benefit.
On Monday , Mnreh 0 , the scnnto resolved
Itself into n court ot Impeachment with the
following named members : E. E. Cunning
ham , HlclmrtUnn county , president ; E , W.
Thomas , Nomalm county ; George P. Tucker ,
Johnson county ; Andrew J. Cropsoy , Lan
caster county ; David Brown nnd Robert
liawko , Otoo county ; Lnwson Sheldon , Cnss
county ; A. W. Kennedy , Sarpy ; Frederick
Mot * and I. S. Unseal ! , Douglas ; I. F. Hil
ton , Washington ; A.W. 1'onnant , Dodge , nud
Lonndor Gorrnrd , Plntto county.
On Thursday , March 0 , the mnnagors of
Impeachment , accompanied bv the whole
house of representatives , nnd also Governor
Butler by hU counsel , T. M. Mnrquotto.Clln-
ton Brlggs nnd John 1C Roitlck ,
uppoarod before the bar of thn
senate , nnd the nuswer of the governor totho
articles ot Impeachment was formally road ,
The court ordered the managers of Itupoach-
in out to file tholr ropllcallon to the gov
ernor's answer within twenty-four hours nm"-
the formal trial was sot for Tuosilay , March
14 , nt U p. in.
The oponinr arguments were very elabo
rate on both sides , lasting for four consecu
tive days. On March 18 the taking of testi
mony was commenced , nud on March 27 the
court of Impeachment was ndjotirnod nt the
request of Butler's coutitol to Mny HO. By
that tlmo 13. K. Cunningham , pro-ildcnt ot
the senate , had resigned his seat to accept n
federal oftlco nnd fsano S. ilnscnll was.
olootcil president lu his stead.
The legislature reconvened on May UO nnd
on the following Jay the proceedings In the
Impeachment trial were resumed. Governor
Butler presented a communication to the
house of representatives expressing his wil
lingness lo deposit In tbo stnto treasury
the full amount ho had taken out ot
the school fund with Interest to date ,
providing the legislature would pass an act
to cancel the securities. This letter was re
ferred to n special committoo. By this time
It hud become manliest , although not abso
lutely known , thnt notwithstanding the tre
mendous pressure which Butler and his tn-
lluontiul backers brought , to bonr on mem
bers of the sonnto , thnt body would bo com
pelled by the overwhelming evidence ad
duced to vote Butler guilty nt least on the
first article of the Impeachment. The only
possible chnnco of securing an acquittal was
In the withdrawal of this article by the
houso. All efforts were tlioroforo centered
upon the Impeachment managers and four
out of the five were mysteriously brought
ever to favor the acceptance of Bullor's
proposition to pay In the school money which
ho had wrongfully appropriated. When the
proposition came up in the house u very exciting -
citing debate took place , in which the mnn
agors who had boon converted by Butler
were worsted and the proposition
rejected. At 5 p. tn. on Juno 1
the arguments of counsel on both sldos were
closed. Butler and his whole family were
on the floor of the house nnd the scene
was intensely affecting nnd almost tragic.
Mr. Ri'dlck made a touching apponl on behalf -
half of Iho accused. "Hero stands David
Butler , " bo snld , "thoro nro his wife nnd
children. Shoot him on the spot but don't
send him out into the world with the brand
of Cain upon him. "
Judge Wakeloy closed on behalf of the state
as follows :
"From nil the wldo prairies of Nebraska ;
from every town and overv valley In its
borders comes the voice of n wronged and
betrayed people demanding that you do your
whole duly in this , the crisis of her early
history ; that you do it sternly ; that you do
It fearlessly.
"Fouryoarsonly Nobraskahas boon nstato.
Tboy have been years of misrule and of malfeasance -
foasanco at her capital , years filled with dis
regard of law and defiance of constitutional
restraint , where the law should bavo found
tholr sworn defender ; years filled with fraud
and wrong , with corruption nnd rapacity on
the part of her chief executive officer , taint
ing and disgracing his whole administra
tion.
tion."If
"If now you shall soy , by your Judgment ,
thnt there is nothing wrong In all thlsjtiolh- ;
Ing that should bo condemned , nothing that
should be punished , lot the state go ono stop
further. iot her write over the portals of
this state house lu words legible to all who
shall enter It hereafter , immunity to cor
ruption guaranteed hero I
"But , you will not do this. You will glv
Just and righteous Judgment. Hero , In thu
capitol of Nebraska , yon will say to all hof
people that under ihelr constitution there line
no place so exalted thnt It lifts the Incumbent
nbovo accountability , You will sny In
language thnt will bo hooded ns long ns your
stnto shall endure , thnt whosoever In times
to come shnll cross thcso throshholds to onto *
the public service must como with clean
hands , nnd his passwords must bet Integ
rity , fidelity , obodlonce to the laws. "
After rending ouch article the president
directed the secretary to cnll the roll , nnd as
each name wns called the senator rose In his
sent nnd voted guilty or not guilty.
The formuln wns as follows :
The secretary : Mr. Brown , Sonnto *
Brown rose tn his sent.
The President : Mr. Senator , how sny joul
Is the respondent , David Butler , governor ol
the stnto of Nobmskn , guilty or not guilty of
misdemeanor lu ofllco as charged In this
nrtlclol
Senator Ilrown t Guilty.
After each senator had boon called with
the same ceremony nnd voted the seerotnry
turned to the president ( Hascall ) . At thl >
Juncture there was a deadly sllonco and every
eye was riveted on Ilnscnll , as eight senators
hod already voted "Guilty , " and Ins vote
\vouMglvo the three-fourths uocossnry to a
"conviction.
The Secretary : Mr. President , how say
you ; Is iho respondent , David Butler , gov
ernor of the state of Nebraska , guilty or not
gulliy of misdemeanor In office , as charged lu
this nrttclo )
The President : Guilty.
The die wns onst. D.ivld Butler stood con
victed before the hlcli court of Improachmont
from whose decision there Is no appeal nud
whoso decisions cannot oven bo reversed or
j-esclndod by Its own body.
On the next day , Friday , Juno 2. the sonnto
wont through the form of voting on the ether
articles of Improachmont. The vote was
scattering , but , on no ono of the remaining
ton articles wns there a-number of votes cast
sufficient to convict. On the snmo da } , Juno
2 , an order was voted declaring David Butler
guilty of misdemeanor In olllco nnd therefore
removed from the office of governor.
NICIlllASKA IN CONUKICSS.
Suiiutiirs from Nrliruskii Slum tlin Admin-
ftlmi of tilt1 .Stnto Into thn Union.
John M. Thnyor . 1S37-71
Thomas . Tlpton . 18H7-7S
I'hlnoasW. llltohoock . 1871-77
Algernon S. I'nildouK . Ib75-81
Alvln Humidors . . . 1877-C3
O. II. Van Wyok . 1SS1-87
Charles K. Mnmlarsnn. . . . . ISS'1-OT
Algernons. I'ndduck . 1SS7-93
DU.UCIATKS TO CONOIlKslS KlIOM TIIK TKKIUTOUV
Napoleon K. Ridding . December K , 1831
Hint II. ( Jhapman . Novemhor 0. Wi
fc'onnor I'urKUsnn . Augimt.'i , lav ?
Kxpurlonuo Kslubrook . October 11 , ISM
Samuel U. Dally . Octobur P. 180J
1'hlncas W. Hitchcock . October II , ISUi
ItUrilKSUNTATlVBS TO CONOIIESS SINCB TIIK AD
MISSION OF THK 8TATK INTO TUB UNION.
XXXIXth congress , 185S-R7 , T. M. Mnrquctto ,
XI. Ih congress , ISfiT-CH , John Tulro.
-Xljlst congress , IHW-71 , John Tulfo.
XliII-1 uonuross. 18"l-i. : John Tan n.
XI , 11 la congress , lS7i-7. : > . l.oronzo Urounso.
XM Vtn conarosi , ltj7.i-77 , l.oronzo Orounso.
XljVtli congress , 1877-70 , Frank Welch ,
Tbonins J. .Majors ( to 1111 vnuanoyl.
XIAMtli COU.TOSS. 1879-81. 1C. K. Valentino.
XLYIIth congress , 1S.S1-S3 , E. 1C. Valentino ,
XliVIlIthcouifrosa , IbSJ-SJ :
Klrst Dlstrlol A. J. Weaver.
Second District .lames hiilrd.
Third Distrlct-K. K. Valentino.
XblXth congress. lhsr87 :
Klrsl DIslrlut-A. J. Weaver.
Suoond District .litmus Kalrd ,
Third District Goorso W. E. Dorsoj.
Mil congress. 1837-bO :
Klrst District John A. MeShano.
Hucond District James Laird.
Third D. strict Georuo W. E. Oorso/ ,
LHh congress , 1691 :
Kirst Dlslrlcl William J. Ilryan.
Second District W. A. MeKuighan.
Third Ulstrlet-0. 11. Ivom.
SENATORS AMI ! IIKI'IIKSENTATIVHS IN TIIK F1E--
KIIIST CONUUKSS.
Senators Algernon S. I'addook , Charles P.
Mundcrson.
Ituprusonlutlvos :
Klrst Dlslrlcl W. .T. Dryan.
Second District W. A. MoKolshan.
Third District O. SI. Kom.
An excellent opportunity for young mon nnd women to learn n , good trade. Wo
start our graduates in railway service. Day and ovcnincf sessions throughout the
year. Write for circulars.
C N Tr _ TTN15 -r-r x-x f - rTQ > f-v ( N 410 X. T. filfK M > '
fe > JrdL ± ii Jtv W CJ U LJ XI > JrivJ fe . , UMAHA , KKII.
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Saoo :
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spring heel , cloth top or kid top. All sizes. An elegant shoe , worth
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Men's Shoes
We've taken two lines of men's lace , button and congress shoos ,
that formerly sold for $4.BO and 5 , and marked them plainly , $3 a
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InOUrBop'Dept '
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