Nebraska Newspapers

    THE OMAHA DAILY BEE
TWENTY-SKCONI ) YEAK. OMAHA , SATURDAY MOllfrfNG , APRIL 1 , 1893. NUMBER 28A
rO TRY THE HOUSE !
.ilroadora Working to Secure an Early Ad
journment of the Lower Branch ,
) ULD LEAVE THE RATE BILL SUSPENDED
tiato Ainenilmaati Oonld Not Then Bo
J Concurred In or Changed.
I KING UP TOM BENTON'S ' OFFICIAL ACTS
estigating Committee Has Started the In-
t quest on tbo Lalo Auditor's Eeoorda.
'SCUSSING THE IMPEACHMENT SESSION
minimi llcurd ( 'oncoming tha J'rocrcd-
4 IIIRH III the Joint Convention Artlcli'S
Will Hardly llo Itiiiuly Today Who
Will TnUo thu OnU'i-1 ?
LIN-COI.N , Neb. . March HI. [ Special Tole-
am to 'I'm : HII : : | Tlio railroad crowd is
rtlle In resources , wliatover else may bo
> Id of It. and tonight another scheme on its
art has come to the surface. It seems that
io lobbyists liavo despaired of carrying
i heir point in the senate , and that the scene
if their operations will now bo transferred
0 the hnus- for awhile. The plan to force
, m adliiurnment in the senate next Tuesday
eon without giving the maximum rate bill a
bailee to go upon it tinal passage docs not
romlse well , as Senator Thomson lias doa -
a red that he would never consent to dodge
he Issue in that way. That leaves soven-
ecu votes against tlio adjournment , no mat-
I tor which way Senator Hale votes on the
liucstlon | , and filibustering would only post-
oono the inevitable.
The new scheme Is to force an adjourn-
nent of the house and thereby defeat the
ill ) , as it has been amended in the senate ,
s adjournment would prevent the concur-
enen of the house in the amendments , tliere-
, y killing It , oven though it should bo passed
iy the upper house. The railroad engineers
' 'avo ' bo-inn work in earnest along tills line ,
s one of tlio Lancaster representatives
' as circulating a paper llils after-
4oon for signatures to an agreement
j adjounij and tonight had se-
jurcd thirty-two names. li will ready -
. y bo seen that a signature to the paper is a
: -oto against the bill , as the house must not
djourn until after the bill comes back from
he senate If the measure is to become a law.
The roads are getting desperate , and It ts
'
.tilted tonight that two votes in the senate
iotild command six figures and no questions
'sited. ' The catechising would begin after
Jne senator got back homo.
Another I'ci'ilUur Iti'llll ) ; .
li The ruling of the lieutenant governor in
jl lie Joint convention this afternoon was
' ' | iulto In keeping with the former ones dnr-
, iir Iho session for which h has become no-
uorious. llo held that the convention could
Jot go outside of itself lo secure legal assls-
unco to prepare tlio articles of impeach-
dent , but that a committee of the convon-
'on ' could do that very thing. In other
j-'ords , ho took tlio position that the subor-
flnato was greater than the superior. He
yirther held that while the committee could
jectiro assistance of which tlio convention
f/ns deprived , yet the convention could dic-
ito to the committee as to Iho individuals
! ) bo thus employed. This ruling is being
enounced on all sides tonight , even
y members who were not In favor
f Impeachment. Several constitutional
vwjers liavo expressed themselves on the
, 'olnt ' , and without exception limy liavo de-
t"
Mured i , that the position taken was absolutely
ithout foundation in law. It merely shows
Jo what length the lieutenant governor
jfonld go in liis eagerness to give the people
fine hot end of the poker , ami assist the uc-
> ( uscd officials by throwing the drafting of
' .no articles of impeachment to attorneys
Irojndlced In their favor rather than to
ioso who would stand for rigidly drawn
jf.'llcles and an Impartial trial regardless of
Ndisequcnccs.
( North' * Appointment.
5j Again lie showed not only a most iinwnr-
g nted bias In that direction , but ho was
Itliltyof one of the most unparliamentary
[ [ -Is known to the history of legislative pro-
, lt duro when ho appointed Senator North as
. ' member of the commllleo to draft articles
J impeachment. Senator North not only
| "ted against impeachment , bill he had re-
| alcdly declared himself as unalterably op-
1 scd to it , and apparently for tills reason
c . was appointed. The Joint convention
4-id decided upon a certain course , and
Aisled on carrying it out , but the lieuten-
( i t governor deliberately attempted to
i \ wart the will of an overwhelming majority
In placing thn execution of their wishes in
U e hands jf ono known to bo not only tin-
Jjj eudli but positively Inimical to them.
( , j It was a sample of the "fairness" of which
tY' is wont to prate while posing as an idt-al
W > -osiding ofllccr over the most deliberate
jdj in the state.
Y Tlioy'rn AfterToin lleiitnn.
u The impeachment committee is ban
ilo.
1 } tor rhomas Hentou , ex-auditor of state
nilio members have started to Investigate
'gic auditor's ofilco , but have as yet beci
urccly alile to get inside Iho door , as tin
Iaco is jammed to overflowing with stuffci
mchcr.v the like of which niun never gazci
ion before. There is a mass if
, , bbery and corruption in sight thn
. almost appalling in its 1m
{ f'l'nslty. disclosing a Held for 11n
H otlgalion lliat promises tlie mos
i .irtling disclosures unit an almost cndlesi
'iiount ' of them. Hut It is not only in the mat
l\ \ " of stuffed vouchers that the cx-andlto
oq 'ins ' to hnv6 been an expert , as there i
.stimonj befon\ the couimltteo to provi
at he was as > are of the frauds thai re
G. , ng pjrpclratcd at the insane as.lum . , id
idt
| , it when the matter was called to his at
J'ltiun ho told his Informant not tto
in. ' him any more about It
Su ) ho didn't want to know alum
so if It was called to his attention h
/ld say that he was Ignorant of it. It 1
BcN in evidence lliat ho was in Ihe "lioli
' business and that he compelled one o
„ ' creditors of tin-stato wlm had a claiti
1'ii' a little over W.tKX ) loetve him $ TOO of I
ht ( 'lie ' price of having Hallowed and paid
) n expected to have matters. In sliape I
' limit the matter to the house tommoriMw
onlcr to have the ex-auditor Included ti
.0 list of impcaclmblcs.
QJ .liny Nut llo Uonil ) Ted : ) ) .
U ( U U state.l tonight that It will bo iai | < o > d-
111 to have the articles of impeachment ii
fijittpo fur adoption by iliu Joint convuntioi
"morrow , and ih it another recess will h iv
bo taken until Mondav. The articles of
. .4'iicachmciit | will specify in detail all lie
" ' . . .tiers charged , and th.it they will cove
li'rly ' or forty pages of typewritten maim
ne nut ,
10 Ili'pntlrH Will Siirrttril ,
of tuyernor 1'i-ounso conferred with Judg
* "i Uclei tills afternoon with reference t
ippointment 6f parties to ac
"j places of the aUto oft
I
ccrs during the tlmo that they
will be s-.upctvlcd from ofllco pendlns
the result of thciV trial before tlio supreme
court. The conclusion arrived nt was that
the deputies of the officials wen ; the proper
persons to assume the duties of the various
oftlces , and they will be appointed as soon as
the notices are properly served , and tlio
ofiiees In that way become vacant.
The best legal authorities have been con
sulted with reference to the Ixjnd of ex-Stale
Treasurer Hill , anil the opinion Is that the
absence of hit slirnature docs not affect the
validity of the bond , as the courts have
held repcati-dlv that whore the uimcofa
party appears in th" body proper it is valid
and binding without the Mgn.itnro at the
bottom.
„ Senator * on th I'on ,
The senators took a whirl this afternoon
at the penitentiary contract , and ono would
have supposed from hearing the discussion
that few of tlio senators had ever heard before -
fore of the fact that there was n penitentiary
In the state. They approached the object
very irlngcrly and seemed disinclined to con
cur In the action of the house in abrogating
the contract
It seemed to be news to them that Mosher
had left the slate and would probably never
return , or that Dorgan. the alleged contrac
tor , is under no bond , but is drawing
money from the stale every month
in the name of Moslier. It gradually
dawned on the durniltcd bodv that the stale
might liavo to take control of the institu
tion and operate the mechanical plant that
lias been built up there , and the senators
will sleep over it and take another look at
the prison situation tomorrow.
About thn Ailjourinnrnt ,
The question of final adjournment bobs up
with ever-recurring frequency , and the
Indications are now that it will come about
the middle of next week , unless affairs take
a new turn. The impeachment matter will
not bo disposed of before Monday , and
then ! are nine bills ahead of the railroad
bill , so that it can hardly be placed on
ils passage tomorrow , even if it is reached ,
which Is far from probable. In view of a ses
sion of the Joint convention. An attempt
will bo made to adjourn at noon tomorrow
until Monday , but it will bo vigorously op- '
posed. It Is given out that the senate will
find enonph reports and matters of that
kind to keep from taking up bills on
third reading again this week. What will
bo done with the general appropriation bill
is uncertain , but it is asserted that the sen
ate will accept tin- act ion of the house in rc-
jcctlnir their amendments without question if
that will hasten the adjournment sufficiently
to prevent action on the railroad bill , if the
maximum rate bill , the general appropriation
bill and the Impeachment tint tor were out of
the way a pine die adjournment would bo
agreed on within an hour. Strenuous efforts
are being made to adjourn the senate Tues
day.
vorii : ) io I.MPI\in. :
lEimtlnn I-rorccilliist * of the iliilnt ( 'inivoii-
tlon Yofilerdny Allornoon.
LINCOLN , Neb. , March -Special [ Tele
gram to TUB Hii : : . ] At live minutes of 4 the
senate appeared in the hall of representa
tives to meet In joint convention. The
crowd of spectatorswas * larger than on yes
terday , an unusual number of them being'
ladies. Koll call snowed 'the presence of all
the senators and niuety-six members of the
houso.
Senator Pope offered a communication
from the four accused officials asking Ihe
adoption of the impeachment resolution in
order that they be allowed a chance to bo
heard in their own defense. I'ho commu
nication reads :
To Tin : MIMIIIIIS : : or TIII : TWI.NTV-TIIWI : >
I.iansi.ATivi : ASSKMIII.V : The lloaid of Public
Ijandsand Ilillldln - has been charged I HI fore
your honorable body with certain olllclal ne
glect and malfeasance In otllce , and slops have
been tiiUcn looking to Iho i'lipcai'linu'iit of the
olllcers comprising thai Ixvird. We am an.v-
lens to have a full , fair and Impartial Investi
gation uf iillcharKC , which will IIP , or m iy be
brought against nsvhero HIP > > tar chamber
inolhiidof Investigation will mil pievall , but
where wo will be permitted lo lnow ihonceu-a-
tlonand face our ai-eusors , Kiionin ; ; as wo do
such a trial can only result In our vindica
tion.
tion.Wo
Wo therefore iespoct fully ask lliat the resolution
elution looking to our Impeachment may hi'
adopted , and Mich measures may bit taken as
will result In a speedy trial of the charges , and
that wo may bo nlvon an opportunity to lofnto
the Name , and be hoard In our own defense , an
opportunity which has been wholly donli'd ns
up to this tlmo. We as ! , those members of the
loKlslaluio whohiMO con-c'lcnllously opposed
the methods that have obtained In the partial
Investigation thus far carried HIM lo withdraw
hiieli opposition and lot the ir-olul Ion pass
and we only ask that Judginr-iil upon Iho case
bo withhold until ut can prodm'o our proof
and bo hoard In our own defense.
A. H. lll'MIMIIIKY ,
President of the Hoard of Public Lands and
.IOIIN ' . AI.I.KN ,
Seeietary of the Hoard of Public Lands and
llnlldliiKs.
( ii.oniii : II. HASTINISS ,
Attorney ( loneral.
.1.1- : . lltl.l. .
IA-Stalo iToasuior.
It was received and made a part of the
records by a unanimous vote.
The clerk was called upon to read tlio reso
lution of impeachment.
CluiiiKod the Cliur i' lo .Mlsilomtmiiur.
Cioss of Douglas called attention to the
fact that thu resolution charged malfeasance
and moved thai it lie slrickcn mil and the
word misdemeanors be substituted. *
Senator Stewart amended ( Uiss' motion by
. inserting the words "or misdemeanors"after
malfeasance.
- Jensen objected , as the constitution did
not provide for malfeasance.
Harry called attention to tbo fact that the
original resolution w.is drawn by thu three
eminent attorneys who had received the
evidence.
- Stewart's amendment was defeated and
( Joss' motion was adopted a moment later.
Hull call was then ordered on the ameirled
resolution ordering impeachment ,
Hnrns of Lancaster , in explaining his vole ,
- said he did not believe the evidence Jnstitlod
impeachment but in Hie Interest of a fair
hearing In the supreme court where star
chamber methods uould not prevail ho
would vote yea.
Kldor did not believe in Impeachment , as
lie preferred to have chit stilt instituted ,
but ho voted yea just the same.
il Kills liuughl all ofllcial acts should bo
. open to tbo closest scrutiny and therefore )
voted yea.
lames denounced the methods followed to
brin\ ; about impeachment and the malicious
ness behind It , but voted yea to bring' out a
dif full hearing.
dd
d Way Kyuvr Viitml No.
Kjncr was the first to vote no. Ho alleged
it that he had not heard the evidence , and
- would not vote for impeachment even
- though the members asked it.
Uibock insisted that the investiwlion
should have been open to the public and the
tnr officials given an opportunity to cross-exam
nr : ine. He voted yea.
is : North voted no without any explanation.
Pope charged that there was no founda
tion for the proceedings as they had been in
spired by malice , but In order to show the
t- public thu wicked malignity behind them lie
voteil aye.
, Uliea said It was all buncombe , and voted
no.
le no.Hickctts voted aye , but said ho did so
is only because so requested by the ofilcialti
idof themselves In order to give au opportunity
ofm to refuvo the charges which ho believed to
m be baseless
itd. Scott of Kichardson said the acts of Iho
d.to board were said to bo excusable , but ho
to doubted it. still ho would vole aye.
, Van Duvn did nol. believe In tills way of
In doing business , but he would vole aye , as the
olllcials requested it.
Cooley did not ihlnk the evidences suftl-
- eleiit to prove criminal iiegilgeneo.und would
din not vote them guilty until proven so.
inm These worj the only explanations , and the
vo vote was announced as follows : Yeas. 127 ;
nays , 4. Those voting no were Kyner ,
Cooley , North and Khea.
The resolution of impeachment was de
- clared to bo agiccd to.
to Dealt Arllrln * .
McKesson moved the appointment of a
committee of five to draft articles of im
to peachment and report the same to the joint
ct convention tomorrow.
ni- Casper offered as a substitute the appoint-
ment of a committee of three from each
house , to consist of Van Housen , Howe ,
Harry , Stewart , Tcfft and Thomson , to pre
pare articles and conduct the prosecution
before the supreme court.
The substitute was opposed by Sutton ,
Jensen , taw ley and Watson , while Harry
and Porter defended It. The chair ruled ft
out of order on Iho ground lliat It was not
germane to the question in that It touched
on two cnllrely separate matters , one of
which was the appointment of a committee
to draft articles of impeachment and the
other was the appointment of n committee
to prosecute the Impeachment cases before
tlio supreme court. Harry then a mended
hy providing that the convention should
name the i omtnlltce.
Howe sent up a substitute requesting
Messrs. Doane. Pound and Ciiven to prcp.iro
articles of impeachment and present them
to the house.
Itnloit Out < > r Onlrr.
Harry accepted the substitute and then
Ixiwley raised the point of order that no
outsider could prepare the articles as the
constitution required that to be done by the
oint convention of some of its members.
The point was declared to be well taken.
Howe Insisted that having gone this far
mil acted on the report of these lawyers ,
they could certainly ucl in a Judicial capacity
as attorneys for the convention , and could
submit articles for the convention to act
upon.
The chair Insisted that the ruling was
correct and Ho wo then appealed.
Casper demanded the yeas and nays.
Watson urged the members to vote to sus
tain the chair , and urged as a reason for so
doing that the republicans in the house had
not appealed from the decision of the speaker
in appointing former commitlees in con
nection with the impeachment matter.
The chair was sustained by a vet > 3 of 70
to fili.
Cotton then offered a subslltute calling for
the appointment of a committee of live , two
from tlie senate to be appointed by the presi
dent and three from the house to be ap
pointed by Ihe speaker. It was adopted enroll
roll call by a vote of 8.1 lo IW.
Niimod tin * C'oininlttiT ,
The president asked when they should be
appointed , and theconvcnlion demanded that
they bo named at once.
Tlio lieutenant governor named Senators
Lowley and North. North asked to be ex
cused , and the president appointed Senator
Mattes. Mattes at once insisted that lie had
objected to the excusing of North and the
president held that North must servo on the
committee. The speaker named Colton , Van
Housen and Harry. The latter asked to be
excused , as lie had served faithfully on tlio
impeachment committee , but strenuous ob
jections went up from all parts of the house
and he was required to remain.
Ne.wbc-.Ty offered a resolution empowering
the committee lo secure the service's ' of the
three attorneys who have up to this time
been employed In the ease , and Porter
amended by changing the word empower to
Instruct.
This occasioned another outburst from the
nntl-iinpcnchers , and Porter said that rather
than needlessly cause any fcvllii ho would
withdraw the ameii'lment. The resolution
was then ndoptii I without any further pro
test. l'hc committee was instructed to re
port at the next mealing of the convention
anil a recess was then taken until 10:110 :
tomorrow morning.
in m'iiis.iinxu
Serious Wrot'lc on the Itlo ( iriindu Many
I'eoplit Injured *
Lr.ADVii.i.n , Colo. , March 31. Hy a spread
ing of tlio rails on tlio Rio CHrando track at a
point where the Colorado Midland crosses
over 11 , distant about one-half mile from this
city , train No.I left the track this ovenim.
and was badly wrecked. There were a num
ber of injured , but no fatalities , and it is im
probable , so far as can be learned at this
writing , that any deaths will result on ac
count of the wreck. The train carried ! )00 )
passengers , who were mostly excursionists
from California.
The train consisted of four Pullmans and
two baggage cars , all of which were thrown
over an embankment. The passengers were
tossed indiscriminately about , and as far as
can be learned thirteen of them were in
jured , some of them seriously. Tlio list is as
follows :
K. H. PIKIJ , Chicago , cut In left thigh.
Mits 15. II. I'IKB , bruised on head.
Mus. O. T. HIV\\OOD : , Sacramento , arm
iiml head injured.
T. Piiiuv : , St. Louis , shoulder dislocated
and wrist sprained. r
Mits. Orriiuin , Oakland , Cal. , injured in
face.
face.T.
T. N. Nvn , New York , broken shoulder.
J. L. WAM.ACR , Mercer , Pa. , knee cap
badly injured.
Axxir. Lvxcu , Colioes. N. Y. , seriously In
jured about body.
Mas. GKoitnn Wu.sos , Chicago , head hurt.
.1. K. HKYWOOII. St Cioud , Minn. , b.ickan.l
head injured.
Mns. II. MAHTIN , from Europe , several
bones broken.
II. II. HIIIOINS. president American smelter ,
Lcndvillo , face and neck badly cut.
FUANK U * . Owr.iH , attorney , of Leadvllle ,
badly cut about head and body.
JflltllV SMITH'S I-'UXKIl.ll
Touching Services Over the Ili'timlns of
the l.imt Conh-di-rato ( ienerrtl.
NASIIVIU.I : , Tenn. , March 111. At 10 : ! ? this
afternoon , in the litllo cemetery at Sowan-
nee , tlio remains of General ICdmind ICirby
Smith were buried with church and military
honors.
The body lay in state in St. Lukes hall
and was carried from there to St. Augustine
chapel , and escorted by tlio procession
which formed when the special train ar
rived bringing dclcg.ilions from bivouacs
from over tlio state , companies of
state troops ; members of the legisla
ture and the governor's staff , and
hundreds of citizens. The services were
held in St. Augustine chapel and were con
ducted by lit. Kov. C. T. ( Julntard , bishop of
Tennessee , assisted by many clergymen.
About 1,000 clergymen were in attendance.
The chanced and coflin were elaborately
decorated with llqwers. During the pro
cession the body was under the escort of tlio
military and the dead march was played by
Ihe band.
Kov. Mr. ( iiiyior , chancellor of the Univer
sity of the South , pronounced a glowing
eulogy. Colonel Haxter Smith of Nashville
was commamlcr-ln-chief of the blvouaces
and soldiery , and the funeral was under the
direction of Iho Confederate Association of
the South.
Prominent men from all parts of the state
and the south were in attendance during tlio
obsequies , and the sorrow evinced was
gcncr. . ! and outspoken.
T itv nil' : itiniii.\tiT < > . \ .
Di'itilwouil Central I.IMP ami Uniting ; stock
Clmiiffrs Hands.
Diunwooi ) , S. IX , March ill. [ Special
Telegram to Tun HUE. ] The Dead wood Cen
tral llullroad company today transferred all
its lines to the H. & M. road , consisting of
twenty-seven miles of narrow guago track ,
rolling stock , round houses and all rights of
way , Including the Load Cuy and Huby
basin ore brandies. The purchase price was
PMO.OOO. Tlio H. kt M. will at once complete
the narrow guago system to every mining
camp in the northern hills centering at Dead-
wood.
I'lnyril ut llnn ini ; .
Siorx FALLS , S. D. , March HI. [ Spcohl
Telegram toTiir. HIE. ] This afternoon John
Kins tad , tlio H-ye.ir-old son of Ole Finstud ,
ono of the loadltiL' citizens , accidentally hung
himself. Young Finstad and a number of
playmates had rigged a tenuioriry gallows
in his father's Inrn , by which they would
play at hanging , leaning forward with their
feet on the ground and heads through the
noose and seeing how long they could endure
the strain. Young Finstad late tills after
noon went alone to the barn to practice , and
his feet slipping , fell and strangled. Au
hour later the body was found dangling.
EDUCATORS > IN1SESSION
.1
Interesting Meeting of tKo North Nebraska
Teachera'Association ,
BEST METHODS OF W03K DISCUSSED
*
Ilinr tlio Iiitnrmt'of Tlmo Who I'ronlilo
Over the Srlmiil Itmiiii .Mny llu Ail-
t.mL't'il Oratorical Contest
l'rlWinner * .
Fiin.Mo.NT. Neb. , March 31. [ Special to Tun
Hue. ) Tliu morning's exercises of the North
Nebraska Teachers association bean with u
soprano solo with violin obllgato by Mrs.
Parsons. Invooatloti was offered by Kov. N.
Cliusinut. "Nature Study In Public Schools"
was the subject of n lecture by Prof. Charles
1C. Bessey of the State university lu Lincoln.
Ho commenced by saying'"If the benellts
of science arc to bo enjoyed by the people at
large it must bo done by puttitr ; sclenco into
the public schools. Of the several hundred
thousand pupils in the schools of Nebraska ,
not more than 10 per cent will reach the blub
schools and not more than 1 per cent will
roach the colleges. Kvery man and woman
should have some understanding of the
world they live in. They should know some
thing of the matter , force , plants , animals ,
rocks , soil , etc. , about them. In our , , uolic
schools there should bo sonic instruction in
regard to these matters. Such instruction
m list not bo from books. The plants , ani
mals , rocks , soil , etc. , must be studied
themselves. Take common plants and ex
amine them directly ; learn how they grow
and how they live. "
nl the Thill's.
Prof. A. W. Norton , president of the State
Normal school of Peru , was Introduced , and
among other tilings , said : "Among the
great throng of new Rices constantly passIng -
Ing I am glad to note the countenances of
those whose hearts and aspirations I know
because they are teachers. I thank you
cordially for the generous welcome accorded
me. I assure you I am one with you in spirit
and work. Perhaps no more interesting
topic upon which to dwell for a moment
could present itself than the impression made
by tile educational condition of the slate
upon a new-comer. Like all other interests
of the state , this is characterised by the
vigorous . \oung life supporting it. Judging
by the various educational ) bodies I have had
the pleasure of addressing' ' there arc no fos
sil teachers among you. " . . "
Prof. Dan Miller ? simcrlntcndent of the
Fremont schools , road ; V paper on the
"Teacher's Manner in School. " Ho gave in
a lun'tnoristic manner the pedantic faulty
characteristics of the crank teacher , saying
that crankiness cxhinits , itself in various
forms. The man with a mission is always a
crank. The people whom be moots arc dole-
fullj stupid and perversely icnorant because
they will not see that Ida , ls the mission of
superlative importance. TIO ( crank is usually
a vigorous "kL'kor , " and usually succeeds in
attracting attention. In lywa. if a natron of
the schools and a fault finder , his neighbors
oleot him a member of the school hoard , Just
th see what he will do. If the crank is a
toacherorsuperhitemleul of schools ho is fre
quently given an opportunity lo air his ideas
and cranky nwioiis tii teacher.associations. .
All liavo llobMen-'to ICIde.
Continuing he s'ltd : . "I , myself , liavo
taken part , in several astoi'uons prior lo
Ibis one. As others sue is , I wondCr if wo
are not more or less all f'i inltv. I presume
we all have hobbies and tjrnotimes' ride
them. In a curtain sons ? thlsTs .crankiness.
If the committee in assljr.itng this subject lo
me thought I would crilMsc tin ) manner or
actions of tiny of the teachers before mo
they were mistaken. These teachers como
to visit us in our own home. I. in a measure ,
am host and I shall not , criticUo their acts
or milliners while they 1 91 ayi my guests. "
Ho then discussed the .ca'ehcrs manner of
speech , of disciplining , ( > conducting recita
tions , manner of cav'i.-g for the school
room , including his own and his pupils ,
desks , and his personal Vumncr and habit of
dress. In his closing rnurks bo said : "If
wo are not skeptical at t.o their utility , let
us emulate these virtues and when our
present contracts shall have expired by
limitation and we < ro fof.th upon our annual'
search for new fields of labor , the pupils and
parents that wo leave behind will rjse up
and call us blessed. " '
The afternoon oxoivits were opened by
a very able paper by Charlotte M. White of
Wayne. W. 1C. Fowler. Jr. , of Scribner read
a paper on "Position m Community and
Work Outside of School ' In summing up
lie said : "There are-two extremes : One ,
the teacher talking 'shop' on every conceiv
able occasion ; the other , dropping all thought
of wor.c from p. in. o U a. in. If the
teachers would devote a certain time to
this purpose , say 8 to S-0 : | a. in. , orI toI MO
p. in. , they would accomplish much more ,
in fact , probably all that was necessary.
How Tcaclioru Work.
It has been contemptuously said
that teachers work but six hours
In the day , five days in tlio week
and ciu'ht or ten months in the
year , while the mechanic , the tradesman or
the farmer works from eight to fourteen
hours in a day and siv , or seven days in a
week. A teacher should bo physically
strong and robust and thereby mentally so.
Teachers should bo sociable. Morally
teachers are expected to wilk upright , to
lie models of morality and good manners.
Wo want no luttor testimonial of the posi
tion of tlio teacher in this community than is
evinced by Fremont's kindly and courtly
treatment of all. Kremotit believes in her
school ma'ams and swears by her schools. "
A general discussion wan had on Iho sub
ject by O. V. Stevens , Misses Clark. Uer-
ecko , Higlow , ( { rimes , Scott , Horiibergcr ,
Finfroek , Ueese and others.
The following named persons wore elected
for the ensuing year : President , County
Superintendent Charles S. Coney of Stanton
county ; vice pre.slde.n. , Mrs. J. A. Horn-
berger of the Norfolk schools ; secretary ,
Miss Jennie A. Harney ofjWayno ; treasurer ,
County Superintendent Miss Mary Schroer
of Dixon countv. The n'eSt annual meeting
will be held in Colu-nbus. .
This evening Miss qimrlotto At White of
Wayne read a paper on 'thaMor.it Oppor
tunities of the Teacher.1' i The piano solo by
Mrs. T..W. Miller of thK city was appre
-dated. State Superintendent A. 1C. Gotidy
of Lincoln made a very Interesting and in
structive talk on the work of the teacher
and the importance of that work.
Those present then went to the High
school building , whore the teachers of the
city schools and the pfiplls.of the High
school gave them a reception and banquet.
( iooil music was furiilshed by the High
school orchestra. The following resolutions
were adopted :
Wlii'ims , Wo , thn ti'itfhcrs of North Nu-
braska , In annual tusoclatlon assumtilud , hav
ing been greatly liennllti ; In this convention ,
would beg leuve lu pnvifjlt HID following reso
lutions : That w u o.xteud our thanks to the
citizens of rrcmout for , Uiclr hospitality , to
the ( ' ( inurc-gallinml ( 'Unroll ' society for the nso
of Its building , the IIUI , ivhool teachers and
students for their ioy.it icooptlou , to the
hotels and railroads for their liberal oonoe's-
blons , to the olllcors of tho-assoclatlon und the
various committees fur their untiring olforls
In our In-half , to Prof. cici.ininns for so Kindly
. 11 ? his piano ut our disposal , 'l _ ' „ _ _ .
man llryan for his masu-rnl a < tilress , to J. II.
Miller and County Sui.urlntendunt I ) . V.
Slovens forprlntliiKKraiultouslv Ihn proKrami
of mir exercises , to t-f to t-ypurfntenUunt
( iouily for honoring us by liU picsonco and
favoring us with his inytriii'tlon-i , and to all
others who have contributed to the success of
our gathering.
ChrUtlitii ICiiilotvor Worker * .
HASTINUS , Nob. , March 31.Special ( Telegram -
3it
gram to Tun HUB. ] This morning the first
annual convention of thu Christian Endeavor
societies of the Sixth District hold its first
"
session in the Pre.sh.v"crhin .church. The
district secretary , Sai'ah Jcamiftto HUSH-
neil of Hastings , who lias been larcciy in
strumental In the formation of the district
association , noted as chairman pro lam until
the selection of V. F. Caruthcrs of this city
as permanent presiding oftlcer. After a de
votional service led by C. It. Cook of Lincoln
and a song service , It G. GUIs of Hastings
welcomed the l.'O delegates to the Q.icen
City , Kov. 1) . W. Curtis of Clav Center re-
siondlng. | Following this Air. Co3t ! of Lin
coln conducted a midel social. The meeting
closed with an Informal "yet acquuntcd"
session.
TintniKiii A SIA : or ri.\.Mis. :
Tcrrlhle Kipi-rlonre "f it llnitliij ; * Wiminii
III ( 'liU'iiKii.
H.tsTixuji , Neb. , Alatvh 111. f Special to
Tin ; HUB. ] News has been received in this
city of an accident whljh.befell a Hastings
lady In Chicago. Mrs. W. 1C. Barnes , wife of
n prominent merchant , Is studying vocal
music In Chicago. The other day while she
was sitting at a piano In her room the land
lady entered and b.'gan cleaning some of the
furniture with gnsolln" . An open grate
caused the vapor to explode , and a gallon of
gasoline was ignited. Airs. Humes rushed
through the llamcs to itho dooi , but after
reaching a place of sifety thought erro
neously that her sister , Airs. Frank Holltngs-
worth , was in the room , and rusliol Melt to
save her , thus going three times through the
( lames. Her hair e-iught tire and in ox-
tinstiishlng the blaze she badly burned her
hands and face.
A carload of Allssourl Pacific oftlclils
passed through Hastings yesterday after
noon , and took agent Haird of this city wltli
them to Presser , the present terminus of
the line. Humor lias It that the visit lias
some connection with ilia uroposjd extension
of the line to ICe-irney to meet the IC'-arney
tt Black Hills road.
Court reporter .1. S. Logan has llnlshe.l
the bill of exception' ? in the case of Powers
against lV.Uy. all is HUlup Bjw.nan and
Hschoi asainst Bishop Dubbs , in the
Hvangelical cliurch light. The reconl is very
oluminous , being fully two inches thick.
This case was deeiilod In favor of Uubbs ,
but will be taken to the supreme court to
provide a precedent. Judge Hastings In
Nijckolls county deei led a similar case for
the Bowman-Kui'hei faction.
llxpt'i-lmi'iit of : i Nolir.iskit I'ltrnx'r.
OnxnvA , Neb. , March M. [ SpeeHI to Tin :
Uin.j : U C. Putnam , a prominent farmer in
tlio southeastern part of tills count ; ' , lias
successfully started plowing with three
gang plows hauled with his Hubcr engine.
Tills is the llrst experiment of the kind ever
tried In thin county ani : the decided success
which ho has made of it promises a revolu
tion in the plowing business in the near
future. , { . . . ?
Yesterday the ladies of thoWbfiie'n's
Christian 'I'ompcrance uuKiA' h."re were
made happy by vlosins' n s'.iloon after having
followed tlieii-vnse through the county , dis
trict and supreme courts. The latter held
that the city ordinance under which the
license was granted was defective and re
pealed the license.
Union PudIh' IY < 'Iiit ! U'reeUxil.
ISLAND , Neb. , Alaroh 31. [ Special
to Tin : Bm : . | Seven cars which had been
standing on the side track in the east end
of the Uniun P.icillc yard moved down the
grade on to the niiin track last night and
shortly after they had stopped about a milo
east of the city freight No. US , under Con
ductor Cioodrich , ran into them. The engine
was badiy damaged , several cars belli' * con
siderably demolished and two cars of Oregon
lumber badly torn up. No injury was done
any of the crew. It is supposed that bojs
unfastened the brakes on the cars and they
moved down the grade unknown to any one.
Klrrtcd Now Olllrlilln.
Fnr.MOXT , Neb. , Marcji UU [ Special to
U'uK Bun. ] At the "annual iiie tin5 : > ( 'of the
North Nebraska High School Oratorical
association the following officers were elected
for tlio ensuing year : WH - Jackson of
"Kwing , president ; -D. C. O'Connor , vice
president ; W. 1C. Fowler , Jr. , secretary and
treasurer.
The fourth annual contest of the society
was held In Love's opera house this ovening.
lOvii O'Sullivan ofVest Point was awarded
the first w\ia \ in the oratorial class , Clara
Alanvlllo of Dudgo the first in the dramatic
and Ella Aliller of Fremont the first In the
humorous class.
Mint lluvn a Allll.
HAHHV , Neu. . March 31. [ Special to Tin :
BKK. | The people of Hardy and vicinity
arc determined to have a llouring mill.
Over $ 'J,000 has been raised as a bonus in the
' last two days , to be given to the party who
will build , equip an I operate a fifty-barrel
mill for a term of years. There is no better
point for a mill in the state , there being a
largely Increasing acreage of wheat in this
vicinity each year. This is surely a plum to
the man who accepts the offer.
Synirnse Iliinil Concert.
SYHACUSE , Neb. , March HI. [ Special to
Tin : Bin. : ) The Syracuse Cornet b.ind ren
dered a fine program at the opera house last
night. Tiio hull was crowded to its utmost
capacity with a very appreciative audience.
The selections were all of a very high order
and their rendering reflected great credit
upon their leader , Mr. C. E. Clark , who is
also musical director of the Nebraska State
Band union.
Sprlncllnlil'ri Now 1'nnlor.
Si'itixnrini.i ) , Nob. , March Ul.-Special [ to
iTun Br.K. | Hev. All'ord J. Fleming , long
pastor of the Baptist church at Broken Bow ,
lias accepted the call to the Baptist church
at this placo.-and begins his work tomorrow.
Ho removed his family hero this week. Air.
I'Toming Is an earnest , able and experienced
minister and came from the Baptist semi
nary at Louisville , ivy.
HKpn-uul < if Ity tlui Shi-rlir.
lUsrixas , Nab. , Alarch ill. [ Special Tele
gram to Tin : Bitn J The Hastings Electric
Light and Power company's plant was sola
today to U. Al. Leland for $15,000 by sheriffx
sale. This does not nearly represent the
amount invested In the plant.
rurlxliud lii n I'rulrin I'Iro.
Ci'HTis. Neb. , March III. [ Special Telo-
grant to Tun Her. . ] Mr. Lawrence , a farmer
living fourteen miles southeast of Stockvlllo ,
was overcome by the heat of a prairie lire
yebterday and perished.
Do.nil of 11 1'ri'MKMlt l.tiily , ,
FunMuxrNeb. , Alaivh . ' ) ! . [ Special toTin :
Hue ) The mother of S. B. Calson and Airs
Tlieron Nye died last night , aged 8.1 The
funeral will occur tomorrow.
Ncur.iKkn Uomocrnti Ara Hnili-iivorlni ; In
Ilittr .Mr , linker ICtiiiiovi'd Irrjin Olllrt' .
WASIIINUIOX , U. C. , Alarch ill. [ Special
Telegram to Tun lfii : . | THIS BKB'H correspondent -
spondent ascertained ti day that up to this
time no formal charges had been preferred
at the Department of Justice against Dis
trict Attorney Bukor , but that It was under
stood from information and notice received
that formal charges would DO preferred ,
probably by T. J. Mahonoy. It is alleged
that Baker has made u practice of encourag
ing the dismissal or conduct of causes before
the federal coui'ts of Nebraska in such a way
as to augment his receipts fivm the ofllce of
district attorney. Tlio democrats of Nebraska
braska are determined th.it Baker shall not
bcrvo the full term of Ills commission , which
would keep him in his oil ice till next Janu
ary. Some excuse must bo given or cause
assigned for removal , and it Is the under
standing at the Department of Justice that
Alahoney and other aspirants for the olM.-o
are formulating charges which may bo the
basis of Baker's removal ,
.Mr. .M ilui.iny T.iliEt.
Air. T. J. Alahonov was scon by a
BKB reporter In reference to tin
subject of the above dispatch
Air. Aluhono.v stated pt ltlvely thai
ita
ho had not preferred charges against Dls
ah
trlct Attorney Baker and that if sue h )
charges had been made tin was not a purl y
to the * action. Ho Raid further that th 10
10r
allct'cu irregularities cited us A basis foi
'barges ' of misconduct grow out of a timeworn -
worn practice In the federal court. Mr.
Mahoney said that Baker's predecessors ,
rath democratic and republican , had ad-
icrcd to the practice of calling n Jury and
securing a verdict in minor cases which
some lawyers hold to be wholly unnecessary
mil for tlio purpose of making fees. Hvery
ury thus empaneled entitles the attorney
lo a $10 fee. Most persons arraigned have
referred n verdict of acquittal at
.he hands of a jury rather than
liavo their cases "nolled , " which may
cave the way open for a revival
if the case In the future , or is considered an
msatlsfnctory disposition of such cases.
Mr. Malioney said that should this practice
ic prohibited Ihe emoluments of the oftlco
would be cut down to such an extent that no
competent attorney could afford to accept
the position of district attorney. lie had
called upon Mr. Haker , wltli whom the
rumor that charges would he preferred was
llsi'tissed. He asked Mr. Haker to advise
liiin in case he concluded to resign , so that
IIP ( Mahoney ) might tret hN application
I tapers In shape and on tile In tlio depart
ment at Washington.
TANK CAR TURNED OVER.
Costly I'lro In the .Missouri I'ncldc Yards
Cunted hy an Aceliloiit.
Ail oil tank car tipped over in the north
vards of the Mlss.mrl Pacific early this
morning and an explosion followed. In
i moment the tank was u mass of flames ,
which spread rapidly to other cars contain
ing stock.
Two cars containing pigs , two with cattle
and ono filled with march imllse were totally
destroyed.
Catlo * in two other cars on a side track
were badly singed and many of them will
die. The total loss will not bo Ics&than
The residence of C. A.
Dodge strcot , was partially destt ;
last night. About III o'clock p.ii
flames in tlio hack part of the -fMlmillg. At
llrst the lire was conllneiUio yfjvtyear of the
building , but before tl iitrin s could be
checked they sprpsvV rjpfdly through Un
roof of the residence + fcltton and considerable
properly in Ihe fivfug fcooms was destroyed
by water. ' 'r 2'f
The family.w.dr.'Ab. 'tit at UK- time and
are unable . 'jo-sifeeount for the lire as there
had been ti'jllre In the furnace for two or
three days.
Mr. Abercombio is insured for $1XM ( , but
this w.ill hardly pay his loss on household
goods. The building belongs to the Byron
Keen estate and is Insured.
About a half hour after the llro depart
ment left the lire in the attic broke out
apain. Sparks from the burning rafters had
fallen between tlio walls and thu front roof
was soon abla/e.
Prompt work by chemical No.Ii held the fire
until the hose lines were laid in.
The total loss on building and contents
will probably amount 1
TEl.lHllt.l I'll 111 Hit I KM.
Itnini'sllo.
Jim Ilalley of Jelllco , Tenn. , Thursday nlsht
Killed Pock ( tinman , ( ionium had boon Inll-
mate with llalley's wife.
Two men wore killed by a snowsllde yester
day en the Denver & Hlo ( irando between
Durango and Silverton , Colo.
Postmaster ll.inco and two members of his
family hud a narrow escape fiom death by
nsphy.\iailon Thursday night.
The Japanese exhibit and the women who
will orocl the village on Iho Woild's fair
grounds have arrived in Chicago.
The Chicago police force during the World's
fair will bu Increased by several hundred men.
Aheady selections are bolng mado.
llnbTiilton'W.isvto.liavo loot , ninig yester
day ut Tahleiiiah | , I. T. , but was granty-d a
thirty day. * rasplto by Chief Harris.
A Kansas City , Mo. , man has Invented an
air ship , which ho says Is a MI.TOM and which
will In-on exhibition at Iho World's fair.
The directorof the ( loncral Electric company -
pany of New York declared the regular quar
terly dividend of 2 per cent , pnyahlo May I.
Dob-Kales from spinners , loom llxers.wen ver.s
and card room unions hav < > oruanl7cil the Tex
tile Trades council at Now llodford , Mass.
A large 'llro Is raging In the forests between
May's Landing and Mlllsvllle , N. J. Thou
sands of acres of valuable timber have Dccn
di ? ( troyod.
A dolo' atlon has called on Governor Lowcl-
llng of ICanias and urged him to call an extra
session of the legislature to provldu rallioad
legislation.
In a speech before the locked out clothing'
cutters of Now York President ( iompers of
the Kodoratloniif Labordcnouiincd the olllcors
and mi-inborn of the Knights of Labor.
Chicago Ito'ird of Trade niun do not scorn to
think that 1'hll Armour and his coinblno will
be able to hreaU the May wheat market , Ar
mour donlos that ho Is In the combine.
Three robbers at Palmer , Wash. , knocked a
storekeeper insensible , lobbed his store and
wcro about to e.seapu when discovered. One
was killed and the otlior two captured.
The Anioilcan i'ress organization , for ( ho
gathering and dissemination of news , Hied
articles of Incorporation at Trenton. N. J. ,
yoitorday. The capital stock Is f'J.&Oll.UUO.
Twenty-four Chinamen wore in rented by a
deputy marshal and taken before I'oininU-
hloner .Melluerln at Kalama/.oo , Mich. , yester
day , charged with being unlawfully In this
country ,
The reported arrest of the president of San
Domingo hy a I'roneh na\al officer and the
causes li-adlng Iheroto Is discredited In New
York by tmiso Informed on affairs in that
country.
W. I' . Illplipy , the old man who shot John W.
Maekay and then shot himself , has boon In
dicted by the San Francisco , Cal. , grand Jnrv
for an assuull to commit murder. Ills ball
was llM-a at tti.OOO.
In the United States circuit court for New
York Judge Lamb aiihorl/ed ! William C. Lane
as permanent receiver for the I'nltud States
KnlllngSlock companyto soli all thu secur
ities , land and patent rights bolonilng lo the
coinpany and now In his iiossosslon.
Tlio l''reneh Hloamor La Norinandle , which
arrived In Now York vosterday , reports that
on Monday last she spoke to the Thlngvnlla
line steamer llokla disabled In mldooean. The
llokla had made repairs and was proceeding
on her coursu at the into of cixhl miles an
hour.
- A Wrull.iri.jiv dlsoasu lias broken nut In Pi.
Louis county , Missouri , which Is giving tliu
farmtirs and others who own cows much con
cern. Tin- disease makes Its appearance In
the cow's tall and causes a son of paralysis ,
which , If not properly handled , will result dis
astrously to the inlmal.
The notorious i'rijnch anarchist M'lttlou h
living Incognito In New York t'lly. lie came
lo this country by the Bremen steamer II. II.
.Miller , his nam < > app-arlii : on the passenger
list iihCliislimt llecker. but ho was n-cognlzed
as Miittlon. It Is not known how ho loft
I'ranco and i-mhitYkiul at llronion ,
Mrs. IjUzle llaldy , 4 ! > .ycars old , Is nndur In-
dletTiiont In New York City chargi-d with hav
ing lloocod a numbi-rof Now Yorkers out of
money. Just after Iho olectlon Mrs. llaldy
opi'iiod an ollieo In llroadway and advertised
horsclfas a sort of nrokor In government
olllcos. Shu caught many unwary people.
Itasoil on the prlco coal has been bought at
Ihe mlnos during Iho past month , which was
J12.5H'J-1O , the Schuylklll , Pa , , Coal e\olmn < o
has fl.Mid the r.vosof minors' wngo.s and mine
laborers at 3 nor cent above tlio W.fit ) basin
for the last half of March and the first half ol
April , a reduction of - percent ( in llio provioil-
month.
A. U. Siitton and his confidential book
keeper , William M. Ilt-i-chcr , worn arrested
yustorday afternoon at Louisville , Ky. , eae.li
on ton charges of forgery. Tims the climax In
t ho eolohrated whisky forgery ease of A. H
Siitton & Co. was reached and a court of In-
iliilry will say wht-thor the two niun art
Kiillty.
Lillian It. I'otlorof Chicago has Instituted
suit In the elrculi court iK/llnst / Mrs Kale W
Klir ; , John W. llu brock and A. ( J. Loomls fin
t&0lKU ) for .slander. John W. Hahco.'U is ai
present coiiKio.ssinan from thu Third dlstrlcl
of Wisconsin and A. 11. Loomls Is connocti'i !
with the Jnnvuii bank at Manst'in , WIs. Mrs
Kato Kliii ; was , liefoio she was dlvoiccd , tin
wlfo of Kuwnrd Kin ? .
Thu uufhorltleii of Costa Itlcuhavo discovered
orod , In I line lo nip u In thu bu < 4 , a plan to In
ausurato a revolution.
McMunus Sons , Imnkurs of Clilhtiahua
Mox. , havu MM > . 'imuU. with liabilities of H.
000,000. The cause of Iho suspension wa
laii ( | and mining speculations.
Kx-t'rosldenl General Mannol ( lonzaloii o
Mo.xlco | H xurUiiuly III and not lupected t <
ll\'u. llo li oiMriiionsly rich , his estate.-
- iiiuountinK to ovc < r ' . ' . ( liJ,0)0 : acres of somuo
thu buit Und in Mexico.
HlrGvorgcK. Ulbbs. premier orNow'Soutl
Wales , who reci'iitly liociiini' bankrupt , am
who , utter giving uphls iMtatt to lib * creditor
Ids he t lu rarllktoc.it , ban bviin to
r cluctud to 1'arIUuiout without opposition ,
NULL AND VOID ON ITS FACE L
General Leeso'a Opiuion of the Present
Moshor-Dorgau Prison Oautract.
I
WITHOUT CONSTITUTIONAL AUTHORITY
Act * of tlin l.i'Klnliitnro Kxtrndlni ; thcCiiu-
trnrt UVrct or Ilio .sipi-cl.il Nuliiro
1'rohlblli'il hy tlin Stntu Coll.
ktltutlim I'lin Opinion ,
This morning Tin ; Hr.i : gives sp.tco to the
opinion of ex-Attorney ( ioiier.il l/jcso on the
. pcnltentl-ir.v contract. It was given in
I
espouse to a request from tlio committed
ppointed by the house to examine into tbo
talus of the contract. It is terse and to
lie point :
Tl ) TUB HONOHAIII.K CoMMITTKH OX PlN-
TKxriutY ( lontlemon : 1 am in receipt of
our communication as follows :
The coiiimlttoo on penitentiary ileslro.s Its
ttornoy to look up the law and the facts and
nforni this committee whether , In hlsoplnlon.
he so-called contract b'tween the state of
S'obliislia and one W. II. Stout , since assigned
o ono C , W. Mosher , and by him said to bu
sslgned to one Dorgan , Is now a good con-
ract und binding on the state of Nebraska ,
ml what slops are now necessary to bo taken
o annul said contract , provided Ills shown
hat the spirit and provisions of said contract
re being violated by those holding thu same ,
r whether or not said contract Is a valid con-
ract.
In answer thereto I have thehonor to sub-
nit us follows : That under section 111 of
.rticle . v. of tin ; constitution tlu Hoard of
ublic Lands and Buildings Is given the
'cnor.il supervision and control of all the
mildimrs , grounds and lands of the state ,
ilie state prison * * * shall lie subject
o such rules and regulations as may be pro-
ided by law.
That for the purpose of carrying into of- *
'eel the above constllulional provision tlio
cgislature by an act approved February 18 ,
N77. passed an act entitled : "An Act Kstab'
ishing a Hoard of Public Lands and Build-
ngs of the State of Nebraska , and Defining
ts Unties. " In section IT of said act pro-
Islons were made for such board to advor-
isc for sealed proposals , for Iho leasing of
lenltentlary , penitentiary grounds and con-
let labor. ( Session laws of 1S77 , page IbS. )
( iiivn M'Mit the Contract.
In pursuance of said act tlio Hoard of Pub
ic Lands and Buildings , after duly 'iilver- '
, ising for such sealed propos ils , did , on the
Jid day of September , IS77 , award toV. . H.
H. Stout the state penitentiary and all the
grounds , yards , shops and oulbildings con
iiected with tlu- same and all property
thereunto belonging , for a period of six
vears from and after October 1 , 1H77 A
schedule of all such pors-mal property is on
lie with the secretary of state. On October
1 , 1ST" , said Stout took possession of all the
liroperty of the state connected with tlio
lenltentiary. including a number of horses ,
wagons , live stock , working tools , cooking
utensils and other property. All tlio per
sonal property was then to be appraised and
was to be returned In Kind to the stale by
Stout at the termination of six years , other
wise lie was to pay to tlio state the ap
praised value thereof.
On February 'M , 18T9 , the legislature
passed an act extending tlio lime of the ex-
( ilratlon of Iho aforesaid lease for a further
period of six years , commencing October 1 ,
lbl , and terminating October 1 , IbS'J. ' For a
consideration of such extension Stout
agreed on bis part to reduce the price per
capita to he paid by the slate to the said
Stout from iV > cents lo1.1 cents per day for
each convict for the llrst three years and to
ID ccnls per day for Ihe second three years
of such extended lease. Stout also therein
agreed to erect at h'is'own expense ' 'Kt-stono
ceils and to turn the same over lo Iho stale
free of charge , October 1 , 18SO. ( Session
laws of IbJ'J ' , page IGll. )
On February 'J7 , 1SSH , the time for erect
ing 100 of tlio above mentioned stone
cells was extended until October 1 , 18S5.
( Laws of IbSII , page li'iU. ) It might be proper
to stale right hero Unit the whole number of
stone cells to bo erected nave not been built
to this day.
Intended for > ! ot.her.
On March li , IS T , the legislature again ex
tended the lease cmitr.ict for , i period of ten
years from and after the 1st day of October ,
18VJ. This extension was not made to Stout ,
but to G. W. Mosher ns the assignee
of Stout in tlio aforesaid lease contract ,
Mosher agreeing on his part to receive
but 40 cents per day for each con *
vict in full for his compensation under
s'lid contract. Tills act provided for Mosher
to given bond to the stale in Iho sum of
$11X1,000 , lo bo approved by said Hoard oi
Public Lands and Buildings. ( Laws of 1837 ,
page ( i.- ! . ) On August 1. 1HS7 , the 'bond was
given and approved b.tlio . board. The ex
tension was made and accepted by said
Moslier , subject to all tbo con lliions und pro
visions contained in the original contract.
( lOxhibit H , hereto attached , is a copy
thereof. )
On February 8 , IS'.fci , a paper was lilcd ia
the ofllce of tlio secretary of state purpfjjU
ing to bo mi ass'gnment of tlio al'orcsafu- * ,
lens * contract from C. W. Moshor to W. it.
Dorgan , A copy of said paper is attached
hereto. ( Kxhlblt C ) No bond has
ever been given to the slate by
Morgan , and notwithstanding Iho pur-i
ported assignment .and trails for as made
and accepted subject lo all tlio terms of an
,
agreement between s-iitl parties , of even
date therewith , that said Dorgau has not
signed such transfer , n ir is there any agree
ment between sald , parties attached to ax
filed with such alleged assignment , Tha
secretary of state informs mo that the rights
claimed by Dorgan under such assignment
have not been rceognued by the Hoard of
Public Lands and Buildings.
The foregoing has been set fortli to show
. the line of transfers of the prison contract
from the state down to Dorgan , who claims
to bo the present owner of tbo said contract
and Icnsp , b > virtue of the aforesaid transfer
to him from Mosher. who In turn claims
through Ihe assignment of Stout.
It U'liK Uiiciinslltiitliinal ,
There is no doubt in my mind but what
each act of the legislature extending the
period of time of the lease contract to Stout
and his assignee , Mosher , Infringes on sec
tion l.'i , article ill. of the constitution of Ibis
state. Section l.'i provides ; "Thu legislature
shall not pa.ss local or special laws in any of
the following cases : ( iranUng to any indi
vidual any special or exclusive privilege , and
in all cases whuro a general law can bo made
applicable no special law shall bo enacted.1'
Hy the nbnvo laws extending th > > prison
contract for Stotu and afterwards loMoslu r
special privileges have been given to tht m
llml liavo nol been accorded to other citi
zens of llns slate. This was nolsHn tlui
original contract. Stout was awarded that
contract In competition with the rest of the
citl/.cns , but in Iho acts extending the tliinj.
no other citizen could cjmpeto for the privi
lege of leasing me penitentiary or tlio con
vict labor.
The legislature in effect lias made a con
tract , special in its nature , with Stout or
Moshur alone , while all others have been
excluded. If the Icglslnturo has the power
and authority updor the constitution to pdsir
n law exclusively for tbo benefit of Stout or
Moshor , and exclude all other citUans there-
from , ihen It would have the power and an-
Ihorlly to pass a law for the benefit of all
other citUcns and exclude Stout and Mosher
therefrom.
Section 15 of arllclo ill , above cited , has In
my opinion been adopted for the very pur
pose of prohibiting such legislation.
ItfiiiinriiiVlij It \ VuVronif. .
No good and valid reasons can bo advance * !
why a general law to ugiUn lease the peni
tentiary should not have 'been enacted ,
giving to every citizen'a right to again bid
for such a privilege. Why Is It that the
original contract was not given to Stout by
an act of Iho legislature * Why pass u } i\\t
requiring scaled proposals ? Is it bt-auso
section 1ft of artlclo tii. denies the Tight of
the legislature to confer any special prlvi
leges on Individuals ! Yet I cannot discover
the dltTereii'-u. between awarding thejirlglnul
contract to Stout for six yiars und xi adinf