C" THE OMAHA DAILY BElfr THirRSDAV , MAKOH 0. convicts In tlio prison. I think Powell's ininlflliniotit pro-Iuced ilcnth. "This rope around the neck leaves n mark that depends on the slzo of the ropo. I Imvo noticed It nflcr they wore out , nnd where thoynro In for qulto uvhllo It ronmlns some time. It remained on the mnn I first Bpoko of for n long time , nnd 1 saw ono that was punished there that will hnvo the marks ns tongas ho lives , " Described liy nn r.x-Convlct. F. II. Alnsworth , nn ox-vonvlct who now lives in Lincoln , iloscrlhcd to the committee the method employed hy the keepers In tric ing up n mnn In the dark cell for punish ment. Ho had never undergone the torture himself , hut had seen men punished itnd heard from them their experience. It was the custom to handcuff n man's hands hohlnd his haok. fasten n noose of rope about his neck nnd then , drawing his hands well up , tie the noose to the handcuffs. The height at which the hands were fastened varied at the will of the keeper. The result of this ntodo of trussing Is n niiinlmess nnd eramii- Ing In the muscles of the arms , with n chok ing when the arms are lot down sufficiently to pull on the ropes. A man of slight stature would stand the punishment hotter than a largo man , hut they Imvo hecn taken out of the dark cell Inscnsihlo after hcing In there twenty-Tour or thirty-six hours. The torture turo would , ho relaxed for an hour or two once or twice n day. From 8 o'clock at night t'll 0 o'clock In the morning prisoners triced up in the dark cell aru left , undisturbed. Alnsworth know of a convict named Johnson who was strung up to a stanchion till he fainted and was cut down oti orders of the- pliyslclan. Another man. when strung up , groaned from the pain and was beaten over the head with a billy by ono of the guards. Ho was punished because ho could not do his task. John Gilbert , also an cx-convlct , told of an experience he had In the dark cell. Ho was punished , ho said , for resenting a vllo epi thet applied to him by the engineer. Ho described the pain as being utmost intoler able. Ill * PrfHimul Kxperlrnco. "After about hour " ho said " an , , "your arms pet numb and tired. If you lower your arms it will tear the skin on your throat. You cannot shift your arms so they will got easy. You can't sit down nnd your legs begin to ache , nnd pretty soon you aeho all over. Pains run all through you. After about llvo hours they take your arms down , but you cannot move them then. I was In there twenty-four hours. When I was taken out I was so weak I could scarcely walk to the cell. I had a piece of bread three times n day and my hands wcro loosened for an hour. " Gilbert also told of seeing men assaulted by the guards. Ono young fellow was knocked down with a club. Ho saw ono man kicked the whole length of the corridor , the guard cursing him all the way. Con victs are punished for violating the rules , but few of them know what the rules are , as only about ono cell In six has a copy of the rules posted in it. A. Jj. King , an ex-guard , testified that it was much easier to.get into trouble under Mallon's administration than before , owing to the fact that Mallon was much inoro strict In applying the rules. Ufied to Conduct it 1'ernoimlly. A. Hartlo , who was employed at the peni tentiary for four and n half years as guard nnd cell house keeper , told about the way prisoners were punished. Ho said if a man was brought in after fi o'clock In the evening ho would bo put in the dark cell and not visited again till 7:30 : the next morning. Ho thought a prisoner might die under the I'ij torture during the night if ho was "cinched ' up pretty tight. " After a man was put In ho did not go to see * him again . , till ho went to release him. A If , man could only bo released on order of the I ? warden. A man had no chance to see the | ill warden until after ho was punished. It was very easy for a man to bo punished unjustly. The victim might faint under the torment and no ono bo the wiser , for there was no ono ho could call. "When a man said ho would submit the matter was reported to Bartlo , who In turn reported to the warden , who then went down to see the man If ho saw lit. There was no way lor a man to got out except on an order from the warden. Ilartlo thought the punishment too sovcro , nnd said ho rould easily trice up a man in such n way that it would certainly kill him. Ho had known of ono man who was in the dark cell undergoing this punishment for tnirty days , and a week to ' ten days was a common sentence. Men wcro put In for not doing their tasks. In many instances the tasks wore too great. Dr. llotitz Kncnr of It. Dr. W. G. Houtz , who was the penitentiary physician under Governor Thayer In 1801 , w/is next called. "Tho most of the punishment that I have known of" ho said , "was In having the boys in a dark cell and have their hands hand cuffed behind them. There was hut ono time that 1 ever found anything beyond that. They had a boy that I used to go to see in u cell house , and they sent him to the dun geon nnd kept him there quite a while , and I would sometimes go over near there and would see his hands up behind his back. I told the guard not to put n patient of mind in there aftfir that , and they never did that 1 could llnd out. They had that hey with his hands drawn up on his back , but I don't think it Is necessary to put a human being In that condition. I have thought this thing over pretty seriously since I saw the way that man Powell was strung up. Of course , by putting the rope around the man's neck in front so ho could not put his whole weight upon his foot the rope would choke him. You can see how natural It would bo for the man to stand on his foot but ho could not stand there f rom evening till morning without his logs giving out. That would naturally hold his face forward and his hands being drawn up by the rope attached to the hand cuffs and passed around his neck would keep him up and ho never could get his hands over in front of his head because the rope is too short and I think if you laid him down it would choke him. In case a man fainted away under that punishment itwould nat urally kill him. I don't believe that I would allow a man to bo put up In that way unless I stayed right by him. 1 don't think ft would bo safe. In the dark cell there are two llttlo holes bored into the door noovo , and that Is the only opening there Is. You aeo , the old cell nouso Is in terrible shape. They have n board In there about two and a half or three ) feet long and the iloor Is stono. Thev have i n pall inside , and they can lay that board upon the pall and rest on that. In case the punishment should bo long contin ued the convict would bo liable to faint awav , nnd In case he lost control of himself it would bo very apt to choke him. I tell you , gcntlcimm , I saw thmdown In there with that on them and I would order It taken off. "Thero was one of the guards there hit a man onco. Ho hit him over the head with a loaded cano and cut a hole in his head so ho didn't know anything for a whlto and I told him If ho had hit the boy ono inch further in front ho would have killed him and ho said he didn't cnro. I think they let that guard out. I used to order them released from punishment sometimes when I thought they had enough. Sometimes , of course , by being in there a day or two they would not feel very well. 1 always told the iruard never to allow a man to bo handcuffed In the night. I never allowed It and If they did It 1 didn't know of It. A guard damned mo ono morning for being so kind to the convicts. " Oil Ki'i'porTlt'l Tolls Illn Htory. Ono meeting of the Investigating commit tee was at the penitentiary. ' After inspect ing the , cell house and the two solitary cells where punishment is inflicted , and particu larly the dark cell where Convict Powell mot his death , they repaired to the war den's onico and M. L. Tiel , the present cell 1 house keener , was sworn. Ho testified that ) io know Powell and knowof the punishment preceding his death , Ho said that Powell 1 was reported by the keeper or the foreman of the shops for not doing his work and was sent to the cell house to bo punished. Ho stated that the report as near ns ho could i recollect It was : "Warden Mullen , I report to you Convict Powell , No. ' 'OIB , for slack of work. " Ho was put In the hole with a pair of handcuffs on him and wltti n rope strung up over his nook. The rope was afterwards shortened by tying it a llttlo shorter , but not enough to amount to anything , maybe three inches. "It was about between a half nnd three- quaclcrs of nil hournftcr that , " said the wit ness , "that I found him dead , I was at his cell something after 10 o'clock and about twenty-live minutes till 13 I went back there nnd found him dead. When I left him the time before ho was sitting there apparently in a good humor , I gave him good advice. That morning between half past U and 10 o'clock the warden nnd mo was there together with the deputy , three of us. And the Warden wont there and talked with him and took him out and ho would not give him uhy satisfaction nnd ho didn't appear to care whether he wanted out or not. And then when I wont back I told him the boat thin ? ho could do was to square himself and be have himself , and ho said ho didn't know whether ho would or not. I In didn't com plain any of his punlshmcmt nnd ho went In Saturday , nnd thia was Tuesday. The hitrh was on him all night , but ho was lot down three times n day for his broad and water. Ho had been punished before , but I wouldn't say for the same offense. Ho was rather ttparo built and tall nnd wan n man that was always sulky. I found him hanging to the door with the rope around hla neck , with ono end tied through the door and the other nround his. neck. 'I ho only way that 1 can explain it Is that ho tooK the rope off his neck right out through his hands , und that would le.ive his hands In front of him , and that you will llnd every once In awhile , Any of thorn can do it If they arc a mind to. " Item 1'owoll U'un Killed. Several convicts told the same stories of the punishment and Us effects on the system as detailed by those who had testified , and the story of how Powell was punished till ho died was given at length In the testimony of Convict William Nowberg and Convict I3arbor ICd I'erry. It seems that some Improvement had been made In the details of the system , refining HH cruelty. Instead of leaving the rope loose around the neck It had become the custom to put in a stick and twist the rope till it was Impossible to got it off over the head , no matter how hard the victim might try. This was because several who had been hung up had succeeded in gcttlnir the noose over their heads , and thus inn measure suspended the punishment. Powell had been reported for "slack hooping , " that Is , the hoops on the barrels ho had made were not put on in an approved manner. For this ho was condemned to the dark cell. Ho was first triced up with his hands be hind his back and the rope twisted till ho could not lower his hands a' bit. There ho was left till ho foil to the iloor exhausted. Then the guards went down and got him out. Ho was so weak he could hardly stand , and so they strung him up by his hands , so that his feet Just touched the floor , thus giving him a chance to "rest. " Ho was kept strung up for half an hour In this fashion , and then was given the regulation dose , the deputy wanton attend Ing to the twisting of the rope In person. Ho died shortly after. Witness Nowberg saw Powell in his cell Just after ho had been found dead , and was positive his hands were tied behind his back , and the rope so twisted that It was Impossible to get it over his head oven If ho had assistance. Powell was dead when taken to the hospital from the darlc cell , Ncwberg was sent to take food to Powell , and that Is how ho knew his hands were fastened behind his back. The doctor called In was the prison pllyslclan , Dr. Stono. Ills I'lca for Morey Uiilieodotl. Convict 12d Baldwin overheard a conversa tion between Powell and the cell house keeper. Powell was put In the dark cell on Saturday afternoon , and on Tuesday mornIng - Ing ho was given the extra twists that ru- sultoJ in his death. On that morning Bald win , who was lying in his cell , suffering from the loss of a linger , heard Powell say to the keeper , when the latter asked him , if he wanted to got out : "I can't stand this punishment. " "I can't help it , " replied the keeper. "You needn't th'nk ' you can come hero and run this place. You know that. " "I can't stand this punishment , " was all Powell could say. In a llttlo while , probably half an hour , ho was taken out dead. Bald win said that the cries of the prisoners when undergoing the punishment wcro terrible so.nutimes. N. D. Stone , hospital steward , testified ho had seen Powell once during his punishment. At that time there was nothing unusual in his condition. When next called In Powell was dead. Ho was lying on the floor of the cell with his hands handcuffed in front of him. The keeper said ho had cut Powell clown ; that the prisoner had bung himself. No rope was visible , but the marks on Powell's neck Indicated that ho had been hung. Much testimony was taken to show how the punishment affected the arms so as to render It impossible for a man to pass a rope through the little holes in the upper part of the door and hang himself , oven were his hands freed after ho had ocen undergoing the torture for a considerable length of time. Thinks the Punishment All Jtlght. William Hastings , clerkto , thq warden and , convict clerk of the prison , was nex't exam ined , but ho know nothing of the Powell case except from the record. Ho was n de cidedly hostile witness , although a convict himself , Insisting that the contract system was a good thing and that punishments were not more frequent because of it. Mrs. Mason was called , but could give no information ns to punishments. Her testi mony was confined to the needs of the prison. Frances M. KIngmah , a prison missionary , gave the committee the benollt of her o * perlcnco as n frequent caller at the penitcn tlary and statements made to her by coit victs both while in tbo institution and after their release. Only Done In Nebraska. John C. Allen , secretary of state , made a comparative statement as. to the pun , ' isliment lioro and in penitentiaries at Jeffer son city , Mo. . Chester and Joliet , 111. , Michi gan City , Mich. , the military prison at Fort Ijeavenworth and tno Kansas state peniten tiary at Lansing , nnd said that with the sin gle exception of the penal institution at JctTcrson City ho regarded the punishment as more excessive in the Nebraska peniten tiary : At the Missouri penitentiary they cuff the prisoners ana hook them to u post and flog them. The Nebraska penitentiary is the only institution of which the witness had any knowledge where prisoners had their hands cuffed behind thorn and were triced up with a rope. Ir. Cnrdor on 1'unUhmont. Dr. J. O. Carder , who was physician nt the penitentiary for fifteen years , expressed the belief that the officials could not get along with less punish meat and maintain good discipline. Ho illustrated the punishment used years ago and known as the bull ring , where prisoners were handcuffed and doubled up hand and fool to a ring in the Iloor , and thought the now method less barbarous. Ho did not think there was any danger of strangulation unless n man was tied up too high. Ho said that the manner of tricing a man up until his toes worn nearly clear of the floor was too severe and that a man could not stand it. Ho thought It would make a difference in the other system if the rope was twisted , am thought a guard should have the Judgment to see what a man could stand , saying that some men could stand it to have their hands up very high , while ono of his build couldn't stand It at all. " "Did you over recommcnd-or order a man released when you thought ho was bound up too high'and have it refused ? " "Yes , sir , I did once or twice , but I would not Ilka to name the warden. Ho is out now. " " 1C you said the man was sick and not able to do his worir , would not that bo sufllclcntto excuse him J" "Not unless the warden thought so. That Happened with mo once or twlco ; they didn't bring a man out when I ordered him out , nnd I threatened to bring the matter up before the Board of publio Lands and Build ings , and that fetched the warden to. " llrlsou OIlIcluM * Testimony. Charles Sweeney , turnkey at the pen. stated that while employed as guard ho had assisted in tricing up convicjts. Ho was there at the time of the death of Powell , but had nothing to do with roping him. Ho said ho had worked In several pcnltcn- tiarles and did not think the punishment un duly severe. Hobort Simpson , night keeper of itho cell house , said ho regarded the punishment ns being painful , but did not think it sufllclently sn to causa a prisoner to lese consciousness , Ho was In the cell house on night duty dur- ing the time that Powell was in the hole , and had charge of him during these three nights. He said the convict did not com- plain at all about his punishment and did not seem any weaker in' the morning than usual. Ho trlcod him up In the evening after supper | and the last time he saw him before ho died was about 580 : Tuesday morning. Ho was then standing up In the dungeon. So fur as ho know , Powell mado. no effort to got the rope off. When ho saw him , the last time ho said nothing to him , seeing that bo was nil right. Ho did. not open tha cell at any time during the night , as the prisoner was quiet , and apparently all right. Ho gave him hla supper the night before , but did not remember how much Powell ate of it. Ho said that when men got the rope over their heads they wore triced up higher. Dr. G , II. Peebles , physician at the peni tentiary for the past year , detailed his gen eral observation of prisoners under punish ment , and told of examining Powell about 5 o'clock on the evenln ? focfurj liH death Powell was then Apparently nil rlnht , mil the rope was attached oven more loosely than was ordinarily thorns" . The witness did not think the method was unduly severe , but said that the mothol of tylntj them up by the hands would cause many men to faint within two hours. Contract Ny teii Condemned. Coroner Crlm toM of his Inquest In the i'owcll C.-.SB and gave some criticisms on the contract system. Attorney Gonor.il Has tings was of the opinion that the condition of affairs at the Nebraska state prison com- ji.iroil favorably with the condition of other ciial Institutions. En-Warden D.in Hop- sins condemned the contract system. Ho thought the mode of punishment was too severe to bo loft In the hands of an Irre sponsible brute , such ns the guards fro- juunlly wero. Warden Mnllon know lothinjf of the Powell nffalr bat what had > een reported to him. Ho was absent at the tlmo. but if ho had befit nt the prison ho would have ordered Powell punished. Ho condemned the contract system and charged ill the trouble in managing the prisoners to the fact that they feel they are paying a lebt to the contractor rather than the state mil it Is the natur.il impulse of the contractor to get nil the work ho could out of each pris oner , Tha kincn communicate- with each other constantly nnd discuss their affairs In spltu of the discipline. Mallon was of the opinion that the best thing to do was to knock out the contract system entirely. Culls It Willful Munlnr. M. D. Welch , secretary and treasurer of the Western Manufacturing company , the concern under whose operations the prison ers are employed , was the last witness. Ho charged flatly that the death of Powell was murder , and Keeper Wagner was the mur derer. Ho said it was impossible for Powell to have committed suicide , as reported by the keeper , because ho could not have picked up the rope with his hands fettered behind him , and even If ho had he could not put the rope through the hole and get it back again without assistance. He said Powell had been very sulky about his work and persistently neglected to do It In a n-oper way , although It was as easy to do , t right as wrong , and Powell could do it right , for ho had. Ho know that Wagner had given the rope an extra twist in punish ing Powell , for Mallon had told him so. Some sort of punishment was absolutely necessary to preserve discipline and the method of tricing up a man was not danger ous , unless the guard who did the tricing made it so. Warden Mallon had been care ful to prevent imposition on prisoners , but ho could not bo nt hand to hold biek the guards all the time. Thcso wore usually the most brutal of men. They were llttlo better than the convicts. Mr. Welch gave several instances of unprovoked brutality on part of the guards. Genuine punishment in a dark cell was n good thing , he sald.'but It was a brutal farce as practiced In the Lincoln penitentiary and a dangerous one. There was no way to prevent brutality on part of the guards save by hiring men who have some sense of responsibility. ISKl'OUT 01' THE COMMITTEE. Findings of Kurt anil ItocniiuiieiKlntlons IIUHrd on tlio Evidence , LINCOLN , Neb. , March -Special [ to Tun Bnc. ] The following is the report of the Joint committee from the house and senate to investigate the death of Convict Powell and the charges of cruelty and brutality made against the management of the peni tentiary : "Your committee herewith returns n copy of all the testimony'taken by it and submits it for your consideration. Your committee linds from the ovldtmeo so taken as follows : "First That the punishments in vogup In the Nebraska state penitentiary for m'any years have been inhuman , barbarous anil cruel In many cases , and finds especially that the system of punishing convicts by hand cuffing their hands behind them , passing a rope around their necks , which rope is con nected with tlio handcuffs , and drawn tight in order to lift and support their hands , is ono that should not be tolerated in this en lightened age , or in n civilized community , nnd that such punishment is ono which is likely at any time to bo the indirect , if not the direct , cause of the death of a convict undergoing it. While believing and realizing that u penal institution of the character of the Nebraska state penitentiary cannot bo safely nnd successfully conducted without a proper system of punishments being pro vided for refractory prisoners , yet your com mittee deems It unwlso to leave the matter of punishments wholly in the hands of ono man. Should r.ognlizo I'uiiUhiuont. Your committee further believes that such punishments as may be salutary should bo legalized and authorized by law , there being no provision in the statutes for the punish ment of refractory prisoners , and to that end your committee authorised and directed the chairmen of tbo respective committees to Introduce a bill , nnd your committee heartily recommends Its passage. "It is an Impossibility for the warden to attend to each Individual case , and ho must of necessity depend upon his subordinates to carry out his orders , and too often this re sults In the punishment of the convicts being loft in the hands of men of cruel and brutal propensities , and who have not one qualifica tion for the positions they fill. Wo believe this should bo done away with , nndthat the punishments for the graver offenses should bo placed in the hands of aboard composed of tlio warden , physician and chaplain of the penitentiary as provided in said bill. It Killed 1'otrull. "Second Your committee believes from the evidence that the death of Convict Powell was tbo direct und proximate result of the cruel nnd inhuman punishment In dieted upon him. "Third Your committco finds from the evidence that the food furnished to the con victs is generally of good quality , wholesome and sufficient in quantity , but finds that at times , through the laxity of 'those in ohargo of that department , food of improper quality and unfit for eating has been served , and would recommend that closer scrutiny bo exercised by these In charge thereof. "Fourth Your committee further finds as follows : That the present female ward at the penitentiary Is inadequate for the needs of the institution , and should bo so constructed , if possible , as to prevent any communication between the male and female convicts. That the hospital facilities are not sufficient to provide for the present needs of the institution , and should bo largely increased and improved. That there Is no provision for the criminal Insane , and for the proper confinement , earo'und treat ment of that class of convicts. "Therefore your committee would recom mend that an appropriation of $15,000 bo made for the erection of a building In which provision shall bo made for the above three classes of convicts. "Fifth. Your committco finds that under the system now in vogue at the penitentlari sufficient time Is not eivcn the convicts to bathe , and that they are not permitted ant required to bathe often enough , and woulil recommend that tha officials In charge bo Instructed to provide for more frcquenl baths by the convicts , and that longer time bo given them for bathing , To Oat Ilettor C nurds. "Sixth. Your committco would rcconv mend that the pay of the guards and other minor officials at the pcnlton tlary bo increased. The compen satlon now paid to the guards at the penitentiary is too small to invlto moi of good character and ability to seek the posl tions , and inconsequence men of llttlo hotter moral nature than that of the convicts themselves solves are often employed to watch over am take charge of such prisoners. This com mittco believes that it is n disgrace to the state that such men should bo employed li positions of that character , and believes that the wiser economy would bo to increase the compensation and secure the services of men bettor qualified to fill them. How can it bo expected that convicts will bo rpformei while under the care of men who are almost if not quite , as lacking in moral principles ? "Seventh Your committco finds from the evidence that Instances of inexcusable brutality upon the part of guards , cell house keepers and other employes have been fur too frequent , and recommend that a greater degree of supervision over such employes should bo exercised by the warden , and In staut dismissal should bo visited upon unj guilty of exercising brutality toward these under his churgo. Abolition of tlio Contract 8y tom. "Eighth Your committee finds that th syster'of contract labor is dcmpralUIng to the discipline of the institution , and believes that the convlctcontract labor system should bo dona away with at tha earliest posslbl moment. The prisoners soon rcalUe , after bolnjr brought to-tho penitentiary , lh.it they ire not wurklnTfOiritlio state of Nebraska , anil that every ntlii out of their labor .vlolds x reward to n eArnlr.ietor with whom they . nn have no sympathy , and soon they begin lo bo slnok In their work , which results In n oport to ttia warden and the consequent iimlshment of tllfe offending convict. Punish- uent Indicted foftt\iit , \ reason simply causes .ho convict to become soured , gloomy nnd llspiritcd , and ns long as the nmtrai't sys- ' .om U pormlttcd to prevail the discipline of ho prison will bo nfr below the standard which should exist. I'arolo Sy tnm Hppoiniuriulod , "Ninth Your "committee would rccom- ncnd the passagWdPn law providing for the larolo system iu ; connection with tno ponl- ontlary , as wo bollijvo tluit It wilt result In ho saving of largo" sums of money to the state and tlio reformation of many who ithcrwtso would become confirmed crlm- nals. This system Is now in vogue in many of tlio states and has proven bcnellclal , wise ind salutary. "Tenth Your foinmlt'tco bollovcs that the system of confining young convicts , under sontcuco for the llrst time , with the older mil hardened criminals to lie wrong in irlnvlplo and unwlso In practice. Wo bellovo hat every endeavor should bo made to re- briu the young criminals and to lead theme o llvo moral and upright lives , but all efforts in that direction will ho thwarted while such young criminals are permitted to issociiito with men who have led criminal careers during their whole lives , and wo therefore recommend that suitable arrange- nents bo made by the officials In charge to jlas.sify and separate the older and moro lardencd criminals from those less vicious. To ICdiicato the Ignorant. Eleventh Your committco behoves that iomc provision should bo made whereby the gnorant convicts , as also those who may ieslro further educational advantages , may ) o taught such branches as are taught in the common schools of the state , and to that 2nd wo believe that a night school should be iield not less than two evenings in each week , at which all these convicts" who can- lot read and write should bo required to tttend for instructions and that others who should so dcsiro might attend for further 'nstruetion in tlio common school studies. "Tho question of the proper control of the criminal classes and the general work of penal Institutions , lias from tlmo to timore - the ntten.ton of the ablest s'tatesmen the world has produced. The ono great problem con f ron .ing civilization In Its ad vancing strides has been to properly define the limit between punishment und cruelty. The necessities of the government require the confinement and punishment nf criminals for the protection of the public , and it can not for a moment bo assumed that the state , in the punishment of crimiaals , has any moro right to bo brutal than the criminal himself. Hence , the wise vlow of the question would determine that the state , not only on the ground of humanity , hut on the ground of setting an example to the criminal classes , should itself use moderation in the punish ments imposed , Iteformntnry Work M Jfeodod. "Your committco believes that while the distinctive character of the penitentiary ns : i penal Institution should bo maintained that the question of reformation might bo brought in to good advantage. The evidence before yourcommitteo shows that there are n number of inmates in the institution who have been there several times before , which would indicate thatfthcro was something lacking in tlio system. Your committco would suggest that 30 far as can bo done without injuring the tcharacter of the peni tentiary as a penal. Institution , that reform atory work should , bt ) carried on in order to make tlio inmatcsjbottcr when they leave. "Your committee , , )1nds ) that much good work has been dona by philanthropists and educational assouintions among the prison ers , and especially ( commends the work of the Lincoln Chuutauqua association as shown in tlio mcfttsl and moral Improve ment noticeable in-xiuumbor of prisoners. "Your committpp . .would further recom mend that the Hwrjetary of state bo In structed to have printed 1.000 copies of this report , and the videnco herewith sub mitted , for distribution. " . . IN THK-I3 > 'ATE. Clnrko'g Maxlinuju jllatp lllit Indefinitely Postponed Otlior Ituutlno Work. LINCOLN , Neb. , March < 8.- [ Special to THE BEE. ] The senate thls'morniiig plunged at once into regular routine .work. Senator Darner presented a numerously signed pe tition from the railroad employes of Omaha protesting against the passage of cither the Clarke or Newbeiry maximum rate bills. The railroad committee reported senate fllo No , 241 , a Joint resolution relative to the payment of the indebtedness of the Pacific railroads to the governmcntwlth , the recom mendation that it bo placed oh the general file. file.Senato Senate flic No. 103 , by Gray , reducing pas senger fares on Nebraska railroads cents per mile , was by recommendation of the committco on railroads placed on the general flic. Senate fllo No. 03 , by Clarke , regulating railroads and fixing maximum rates , was In definitely postponed , In suite of the efforts of Everett and others to have It placed on the general fllo. Senate fllo No. 10 , by Stewart , was In definitely postponed. A notable feature of the session of the senate was the reception of tlio report of the committee on miscellaneous corpora tions recommending that McDonald's bill to regulate stock yards bo placed on the general flle as amended by the committee. The amendment strikes out the flrst seven sec tions of the bill , and as a result the bill is stripped of all its essential features. The bill as It now reads simply makes It unlaw ful for owners of stock yards to prohibit the owner of any dead stock or condemned stock In such yards to sell the same to any person they may desire. Senator McDonald made no protest to the adoption of the report , but stated to Tun Bun representative afterwards that when the bill came up for consideration in commit tco of the whole ho should make a light to have the measure restored to its full effect. Ho says ho has the Votes to pass the bill as it wns originally presented A largo number of house rolls were read the flrst time and several bills read the second end time nnd referred to the appropriate standing committees. The senate went into executive session Just before noon nnd by a unanimous vote confirmed the appointment of J. E. Simpson as steward of the Norfolk insane asylum. The doors were opened und the senate took a recess until 2 o'clock. Immediately after reassembling at 2 o'clock the senate went into committee of tlio whole to consider the general appropria tion bill. , , „ , Up ApiirnprlutloiiH. Senator Pope offcrctifln amendment giving the governor $2,00Juf ( r n contingent fund. Ho explained that tliil governor requested that the amount bo f priced nt his disposal. The amount was giirnteil , the fourteen inde pendent senators voting in the negative. The secretary of atuto was given $100 to pay the expense of printing and circulating the election laws , The auditor of public accounts was given ? 200 additional for sliilfonery , 8200 additional for books , blanks and Stationery , and ? 50 for sundry ofllco oxponsqs > i [ The Items of tha .Appropriation for the onioesof , the state ' treasurer and superin tendent of public in'structlon were passed at the request of Senator Harris , who stated that as a member of'tpo Investigation com mittco ho had spcnt'r/onsldcrablo tlmo In the treasurer's oftlco and hU intimated that there were some startllmwuuajlutlons coming. The attorney general wns given $300 addi tional for traveling expenses$200 additional for stationery and jwatago. While the appropriation for the attorney general wns under consideration Senator Dale severely criticised the action of the re publican and democratic senators in raising almost every item. Ho claimed that the minority would take an appeal to the people nnd predicted that two years hcnco the political parties represented on the other side of the chamber would receive a well merited rebuke. Senator North called the speaker to order , claiming that ho was making charges left over from the last campaign- Chairman Mattes instructed Dale to con fine his remarks to the subjo < ; t under con sideration , Dale replied with considerable warmth nnd assorted that ho was In order and that ho wouldn't sit down unless the senate com pelled him to do so by force. The attorney general was then-given nn additional J100 tor printing brlofs * The commissioner of public lands and buildings was cjvon $1.000 for postage Instead of $300 as provided In the bill. Cut Down One , When the Hoard of Public Lands and Buildings was readied tlio sfiiato took a now tack. 'Iho appropriation for repairs , etc. , was cut from $3,000 to MHX > nnd the item for fuel and lights wan reduced from W.OOO to $7,000 , The Board of Purchnso and Supplies was given nn additional $ . " > 00. The appropriation for bailiffs for the supreme court wns Increased from slOO to fcVJOO. Tlio sum of SH.OOO wns appropriated for stenographic assistance to tlio supreme court coiirnUslonors. Tlio Item for postage was increased by $ JOO. Tlio appropriation for printing supreme ? court reports was In creased ? T,000 , for the reason that the capacity of tlio court has been doubled. The senate then went back to the oflu-o of the cominissfonerof laborand struckout the entire Item and substituted the following : Postage , $ Hi ; books , blanks , etc. . * t , < KX ) ; traveling expenses , 1,000 : telegraph , etc. . ? 'JIX ) : contingent expenses , WOO ; ofllco ex- poiiscs ! , $200 ; being an Increase of SS.UOO. The committco then arose and reported progress , Jturolved till ) Itcport , The special committco appointed to In vestigate thu alleged cruelty to convicts nt tlio state penitentiary then presented Its re port , together with the evidence upon which the report was mado. A communication wns received , from the governor , but no official action was taken In regard to it. The communication named K. II. Burlingham of Scwnrd. Judge J. H. . Blair of Omaha and Low Alay of Fremont as mem bers of the State Fish commission , Judge Blair taking the place of 11. 14. B. Kennedy , resigned. The senate then adjourned. IN THE HOUSE. Koutlno liuslnoM Occupies tlio Tlmo of tlio I'Vw Who Atli'inl. LINCOLN , Neb. , March 8. [ Special to Tun BCD. ] In the house this forenoon but sixty- eight members answered to the roll call , and the chilly condition of the hall made the worK of the morning unpleasant. But two bills were considered in the committco of the whole and both received affirmative action. Suter moved to go into the committco as soon as the regular preliminary business had been disposed of. The motion prevailed and the mover was called to the clinlr. but owing to some modest reason which was not divulged ho refused to occupy the throne of n demo-pop speaker. Jensen was called and with some reluctance took the chair and pressed the legislative button. The first measure taken under considera tion was Kcckloy's bill , house roll No. 170 , to provide for ditching and draining swamp land ; to protect the same by levees , and pro viding also for the manner of instituting legal proceedings In cases growing out of the enforcement of Its provisions ; also the manner of selecting jurors nnd cotulucting damage suits. Jensen became so interested in the bill that ho called Horst to the chair and took Watson's seat and turned in amendments on schedule time. The amend ments pertained to the part of the net relat ing to the Impannellng of jurors und the matter of adjudging damages. There was none of the forensic element that usually accompanies the consideration of bills in the committee of the whole. Tlio committco recommended that the bill pass as amended. House roll No , 225 , by Nnson , was also taken up and recommended to pass as amended. The bill provides in substance the same as the first ono by Keckley , and re peals tlio act "to provide for the draining of swamp lands in tlio state of Nebraska , " also to provide benefits and assess damages If any arise. This measure was also the object of attack for the legion of amendments. The commit tee then arose and reported the bills back to the house with the recommendations that they do pass , which reports wcro adopted. Before adjournment the following resolu tions were offered and disposed of as indi- . catcd : Homo Kcsolutlong Offered. Scott asked unanimous consent to offer n resolution. The speaker allowed the readIng - Ing of the resolution with the proviso that no action should be taken in the event that objection should bo raised. Whorcas , The rules of Ibis house are such that lit ty-onu votes can take nny bill out of its rccularordor at any time ; therefore bo It Ku.solvud , That It Is thu scnso of tills house that wo have no sifting committee during this session. Jensen moved that the resolution bo laid over until today and the motion prevailed. Jensen offered the following : Kosolved , That a committco at tbreo bo ap pointed by tbo speaker to confer with a like committee to bo appointed by thu senate to fix a duy for tlio final adjournment of this ses sion of the legislature of Nourabka. Objection was raised to the consideration of the resolution and It was laid over pend ing the regular order of resolutions , Dobson offered the following : Whereas , 0. W. Moshor li n heavy stock- bolder of the defunct Uanltiil National bank and lurKoly responsible for the failure of said bank ; and Wliorunn , Said 0. W. Masher has the contract with the state for the keeping of the Inmates of the state prison and receiving largo minis of mnnuy from the state ; and Whereas , The state Is a heavy creditor of said defunct bank ; therefore bu It Kosolved , That the state auditor and secre tary of state bi requested to Inform the said Moihor that In the future they will not .sign any vouchers or warrants for any money that may bo duo said Moshor on said contract hut to apply wild sums to the funds that wuro de- precmtud from the causa of said bank failure. The resolution will await tlio regular order before action is taken upon it unless other wise broucht up by a vote of fifty-one. The house then took u recess until 3 o'clock. Hills Kocomincnded. The afternoon session of the house was devoted - voted to the consideration of bills of general file in committee of the whole , with Schap- pel In the chair. No. 3(52 ( , By Fulton , legalizing the allow ance of fees to county treasurers In counties under township organization was recom mended for passage. No. USO , by Gailln , legalizing acknowledge ments of deeds heretofore administered by commissioners of deeds , being designed to correct any Illcgallty.owlng to an error In the form , was referred , to the committee on Judiciary. No , 0 , by Krick , abolishing the office of township collector , was recommended for In definite postponement. No. 11 ! ) , by Oakley , providing for the de tention and maintenance of homeless and indigent minors , was recommended for passage - sago , as wns No. 283 , by Scott , regulating Judicial sales in foreclosure proceedings. No. 103 , by James , requiring owners of hedge fences to regulate nnd trim them , was recommended for indefinite postponement. The committee then arose and submitted its report , which was adopted except so far as it related to the postponement of No. 0 , which was ordered referred to a special committee of five , with instructions to re port tomorrow afternoon. The house then adjourned until tomorrow morninj' at 10 o'clock. - irESTKUA' 1'ACKIXtl IXTKllEHTS , Now Summit Opens with a Small Movement of Hoi ; * . CINCINNATI , O. , March 8. [ Special Tele gram to THE BEE. ] Tomorrow's Price Cur rent will say : The now packing season opens with in small movement of hogs. Western packers handled about 140,000 the past week , compared with 100,000 the pre ceding week and 150,000 last year. Promi nent places compare us follows : Casper'H Booming Huslnesn. CASI-EK , Wyo. , March 8. [ Special Tclo gram to TUB noc. ] Over 820,000 worth of real estate ; has changed Immla here this week. The railway Is erecting now shipping works and 250,000 snoop are booked for shearing , "No perfection is so absolute , That some Impurity doth not pollute. " Use Cnrlttbnd Sprudol Salt for nil Im purities of the blood. Itla Nrtturo'sown remedy. Bownro of imitations and in sist upon the gcnumo Imported urtlclo SINGLE TAX THEORISTS They Are Given a Hearing by Iowa's Tax Revision Oommisaiou , THEIR IDEA OF THE PfiESENT SITUATION I.mili l'oit of Nnw York Argue * In the In terest of the Nmr I'luii IIo\v Prop * crly OWIIITS Avoid tlio AsicMor. Dis MOISTS , la. . March 8. [ Special Tele gram to Tun BitK.J The single tax theorists had a hearing before the state tax revision commission today. They were represented by Louis R Post , editor of the New York Standard , Mr. Post held that much land Is bought In order that an Increase In value may bo had. If you take the tax oft of labor and Improvements nnd put it on land there would bo no dcslra to hold land ns a monopoly ely , ho thought , The land value would reach an equilibrium. In n word , the fact that there Is speculation gives land nn nl > - normal valuo. The single tav would rob land of this speculative or fictitious value and would have the effect to stimulate Im provements. "But , " said Mr. Lnno. "If wo should adopt your single tax theory how would such mun as my father , for example , who has all his property In land , obtain Justice ? " Some Would llo InJuriMl. In replying Mr. Post acknowledged that in the proposed transition , us in all transi tion periods , some ono would bo pinched. The case was analogous with the holding of slaves. In freeing tlio slaves the owners lost. The change' , he believed , wns justifia ble. Another thing , Mr. Post argued , was that if you had a fli.OOO farm , under the single tax , deception in the matter of assess ment . now so much practiced , would bo ini- POSS tble. : Everybody would know just what that farm should bo assessed. Mr. Whiting- our land goes down In taxes how nro wo to pay our school and highway taxes ? Mr. Post You ought not to have to pay such taxes. All this should bo a state obli gation. Land value Is a fund , n common fund , which no ono earns. A man who locates on land does not earn the rlso which tlmo brings. Mr. Whiting In 1855 my land cost mo less than ? l per acre. My farm is now valued at $4'JO,000. Haven't I done my full proportion in making that land valuable ? Mr. Post felt sure that Mr. Whiting was nn exceptional farmer , but replied by saying that . it was impossible to get at just what a man docs for a community , some do more , some less. Much 1'roperty Not Taxed. At the close of his talk the assessors of West Dos Moincs , Messrs. Hosoborg , West , Chapman and Kclsoy , had a hearing. Mr. Hosoberg occupied the Iloor. Tlio speaker was of the opinion that property in Dos Moincs is not taxed above 25 per cent of its actual value. Tlio aim is to assess business blocks at about 40 per cent of their actual value , but lie did not believe it was above ! 25 per cent. As to loan and trust com panies , they were pretty nearly allowed to assess themselves. lie was in favor of a law taxing corporations where they are located. Mr. Kclscy said that a leading cili/cn had said to him that there was $1,500,0(10 ( worth of property in this city never on the asses sor's books. " 1 should say twice ns much , " said Mr. Kosonbcrg. Mr. Hoscnbcrg was also in favor of taxing church property. It should not bo that an individual is taxed more heavily than cor porations , as is now tlio caso. lnK HH Course. Sioux Cm' , la. , March 8. [ Special Tele gram to Tim BEI : . ] The Missouri river at this point is making inroads into the Ne braska bank that threaten to carry the chan nel into a bayou and beyond tlio south end of the Northwestern I tail road company's $1,000,000 bridge. The company is unloading a grout quantity of riprap here , and. hope to chock the ravages by protecting the bank. Weary ot r.llo. MAKKXOO , la. , March S. [ Special Tele gram to THE BEE. ] Mrs. W. J. Sanger com mitted suicide lust night by taking poison. Her husband Is an insurance agent and they had been married but six months. Ho was away from homo. No motive ia known for the act as she was apparently happily , situ ated. Has no equal for the prompt relief find speedy euro of Colds , Coughs , Croup , Hoarseness , I.obs of Voice , Preacher's Sore Throat , Asthma , Bronchitis , IA\ Grippe , nnd other derangements of the throat and lungs. The best-known cough-euro in the world , it is recommended by eminent physicians , and is the favorite - ito preparation with singers , nctors , preachers , and teuclieis. Jt soothes the inflamed membrane , loosens the phlegm , stops coughaig , and induces repose , . taken for consumption , in its early stages , checks further progress of the disease , and even in the later stages , it eases the distressing cough and promotes refreshing Bleep. It is agreeable to the taste , needs but small doses , and docs not Interfere with digestion or any of the regular organic functions. As an emergency medicine , every household - hold should bo provided with Ayer's Cherry Pectoral. "Having used Ayer's Cherry Pectoral - toral in my family for many years , I can confidently recommend it for all the complaints it is claimed to cure. Its sale is increasing yearly with me , and my customers think this prepa ration lias no equal as a cough-cure. " S. W. Parent , Qucensbury , N. 13. Prepared by Dr. J. C. Ayer & Co. , Lowell , Mau. Bold by all Urugglila. 1'rlee (1 ; ill bolllo , $ & . Prompt to act , sure to euro PROPOSALS roil KIKIJ ) States Indian Hurvleo , Uosulmd Aximcy , S. D. . Kobrimry mh , ISJL .Sealed proposals , endorsed "I'rowmls for 1'iold tioods , " nnd ad- ciressod to the tiiitlcrsl neil nt Kojelmd ARonoy.B. D. , will lie rocolvod nt thin uuency until ono o'clock p. in. , of Wuilnnsilny , Mnrcn 13th , IsJ-J. for furnUliliiK and dellv-rlir at this nu'cnuy : l.Wjhualiols of seed o.uss l.fxK ) bushel ! ) of sr.eil potatoes nnd GOO hushnls of Buod wheat , Dldilors am ruqus.itad to stnto speclllcally in thrlr bids tlm prupoicd prlru nf oiich urtlcloolfurod for delivery under a con tract. The rlKlit N reserved tci reject nny or nil blclaorany purt of any bid If duomud for bu bait Interest of tlio gorvlcu , OmiTlflKU Each bid must bo uucnmpanlod by n corllllud check or draft upon United Statin depository , or solvent national Imuk In tha vicinity of the roiiiloniio of tlm b'.dJor. made paynblu to the order of the 'Jomml-ciloner of Indian A mil ru. for nt loist KIVB I'Bii CUNT of the amount of tbo proposal , which eheclt or draft will bu forfoltod to the United Kut04 In case nny bldderor hidilura rocalrlnK in nwiird itliall full to promptly uxecutu n contract with " peed nnd nullleiaiit sureties , otUor\ l o tn bo returned to the bl'ldur. IIIclH aixotnjmnled br llou of certified chock will not bu con sldoro'l. For any further information iiuplV toJ , UKOKUi : WU1UIIT , U.S. liulltm Agent. ' LIFE SECRETS. Don't worry. tOOHlOlT. Don't hurry. " "Two swift arrive * n tnrd > "Simplify ! " "Slmu'lfy ! " "Simplify ! " Don't tmiront. Don't " xturvo. "Iot your moderation bo known to nil man. " Court the fresh nir day and nlsht. "OH , If you know wiiit : win in the air , " bS'Pdi ' * ti' ' " ' r ° 'lt' rlblttlll'"tl ( > ' ' sl ° ° l nature' * ymi'nmkoCM M0rvou < l CIlcr0 ! > c' ' ' ' 'nx ' t a lloohcorful. "A llsht honrt lives long , " liTllil.nti.illy. ! " rl""f < ' ! l thoiuhts.As n mnn thlnkutli In his heart , so In ho , ' Avoid pasilon and excitement. A moment' ? anser inay Lo futnl , Associate with lio.ilthy people. Health U contimlous IIH well ai dtacaso. "Dmi'tcitrry thu whole world on yoiirshoul. dorst , Inr la-it the universe. Trust tlioKtuntnl. " Wnteh tlmflrUslKiisof oointni , ' ontil. N'lno- tcnthof all dmousrs start with a cold. If. nt any tlmo. you fool chilly , If you sncur.o If you Imvo cold linmls or foot , If your hoiid scorns honvy or ucluts , ul.-o nt mpii the host and purest stlimiliint you ran nuoiiro. Thorn nro nuuiy that iiroolaltnod lo bo good stlniii- Inntfl , but thorn la only onu llmt Is strictly ru- labc. nnd pi > e iw Ilio lion qualities , ' und tliut Is Duffy's I'uro Malt Whhktiy. 1 his whlsUuy has iiuulo more fmmds by roa- sonorwlmt It IIMH done for nnoulo , tnnti nny ether preparation of the present day Do not lot your druggist or crorcr iirsuo with you upon Ihlt subject , but InslU upon linvlni ! thu piiri'st nnd best , wliloli will nld you to eolvo . 'MfuV Secrets. " CADJ EB CITB.BD. . If Dr. Schniieli's tro.itincnt nn 1 euro of Con sumption were hoinothliit new nud untrloit , people iiilcht douht ; but wlint hns provoj It self throuch ii record us old us our cratid f.itli- era , mounajust whullt Is A Specific for Consumption rnil for nil dlsonsoi of the Lung * No treat- niont In the vrurldcan iilnco so nuxiiy pornm- nont uurcs of Uimiuniptlon to Its oraillt in Or. Si'heneU's. Nothing In Nature nets sodlrootly nnd effectively on tlio InnR inenihraiics unil tissues , nnd so quickly dlsposoi of tubercles , congestion , Inflammation , cnUs , conglii und nil the Hi'ods of ( 'oinuiiiptlon ns Dr. SoSietick's Pulmonic Syrup When nllclho f.uU Hcoinoi tothn reaeuo. Not until It frills , : iml only after faithful trml. When any ono despond. U has broiiRht the houolovj to llfu UIKI honlth. It tins turned thu donp.ilr of ton thousaii'l ' homos Into joy. It Is doing It now. It will unnllniio to do It throiiihout tno nces. Dr. AV/meV * I'rattteal Titatlet i f'niiiu'iiiitlon , litmrairlbtumiich Dli- catM mailed frcr M nil aiiitltctnts. Dr. J. II , Schinck > ( Son * r/illnildp/itu / / . ® © © Bj BFS1S is ii. . in prodnci'M lx buoyancy of body tovlileli y iu tiiifiiro u HtrmigiT. They c-njoy u pup- ( lilnrlty uiijmrullrlcd. J'l-lce , ti.'vls. NEW Oct. u GOOD THEATRE SEAT for Wo TIIRRF. NIGHTS COMMGNUliNU ( MAT1NEB SATUUDAV. ) "I WONDER WHATMEXTTHEf WILL DO" Bl ra R. E. The Original General Knickerbocker la tlio "Llttlo Tycoon" and Mr. II. .Greenwall's ' Clever Company. Th9 Kew Musical Comedy , An Evening of Fun , The sale nf seats Is now oncti nt the follow ing prices : K rst Hoar , Ge. , 7. > c. nnd $1.03 ; Hal- cony , Mi ? , nnd T.'ic. siDir , mm. man , mai \ K , u The Original nnd World Famous Presenting their pronle.st trluinpli , SUPERBA ( WOItM'S KAIIl KIMTION. ) Dlroot from the lUh St. Theater , Now York. Thosiiloof seats will open H-iturdny inqrn- liu at the following prleos ; Kirit Iloor , Me , . 7. > o. nnd Jl.OO : baleony. uDu. und 73o. St.TMEUTER , WBSW I5o. 25o , 35c , 5Oo anil 75o. " " " / S V fflflRCHO MATINEiE SATURDAY. F01US jli .imericoi If ALWAYS THE BEST. FARM St , THEATER.popMs 4 N ' 5fftK1"11 * Sunday , ta. 12 The Only Novelty In Town. The Famous Bros. Byrne , The Great Big Snccess The NnuUonl Pantoml ilo Comedy. Under the mnnngcmcnt of I'rlmrono unii VVoat. MAT I N UK WKUNKSD.VY. BERNHARD LISTEMANN CONCERT COMPANY OF BOSTON IlEKNIIAKI ) USTHMANN. The I'miiou * Violinist. O. II. KONC'JNJ. Kiuto. FIUT3C OIKHK. ThuCirnatost l.lvlni Vloloncoll/lsU FKITO MKTKMANM. Violin und l'lttr/u , ( J. .M. KI.OOKTON. Double linns. U. II. KONUONI , llarltotic. MISS NANNIE IIANDSPRIMA , DONNA , _ _ " Y. M. C. AT" HALL , TUESDAY EVE. , MARCH nth. f Koierved seats cu saloat.Mux Meyer's ninslo store , _ WONDERLAND and UNDER THAE GASLIGHT Brazil & Alton's Vaudevilles. A triiile-plntoil U Ivor Tauloipuon fur ovary I inly visitor nt every performance. Dnnnlnr Drlnno < i > o" oii lriiuicony BHt , uoo rUPIIIUI rllUJO IU < erved PnriiUBt neat * , : ! < > < > " " S45a Week With S2OO. A lafu cnniorTAtlra ami practical Inveilramit. llowu'tf infulllblp Imiillcapplutf jitout on enlern raru . Hccond lucimiOil year Uofurencm foru utJicrllien , I'ruipociun IB'JI Itiio , C. U. ItOWM , 1.U. lloxln , IJrooklra M V