Nebraska Newspapers

    THE OMAHA DAILY BE1M SATURDAY , APRIL 1 , 1803 ,
llio conlrnrt nn nddltlotml six yean * . All
] tower Is vested In the lPKlalntu.ru wlicro It Is
tint restricted by tlio constitution.
In mnny of thn elder states II will bo found ,
on examination , tlio li > ul liturcn : thereof
Krnnted divorces , croatwl corpora tlons and
extended their power , pass-- . ! lawn to orpin-
l/.o certain cltlos nii'l minv ether npeolnl
Jnws on various subjects. The ends and
film * of the constitutional eon volition of 1875
nnd of the pootilo who ndoptoJ the consti
tution which that convention presented waste
to at once and forever deny all power and
nuthontyof the legislature of this atato to
confer by Bptchl net any cpocial or ox-
cluslvo privilege whatsoever upon coriwra-
tlon or Individual or to p.iss any special net
where n fffneral law can bo tniido applicable.
You will observe that slid section 1C con
tains upwards of twenty-live different sub-
jccts upon which the legislature Is restricted
in Its power to pass special laws ,
The net of Fonritiirv 'JJ , 18TU , and the act
of March ' . ' , JS37 , nssutno to confer
upon W. H. 1J. Stout , as well as
uK | > n Mosher , additional lowers and
privileges on certain prescribed conditions.
The title of the 18711 net Is "An Act Kx-
tendlnB the Contract , etc. , to W. II. 11. Stout
v\tan \ Curtain Conditions. " The act of 1887
is An Act to Extend the Contract , etc. , to
O AV. Mosher , Assignee of W. H. H. Stout. "
There can bo no question but what Iwth of
the above are special acts. There can bo no
question but what a , general jaw could bo
made appllc.iblo In both cases. And I am of
the opinion that both laws are unconstitu
tional and void.
Other Good nml Valid Kcnmiiin.
Then ) are many other reasons , strong In
themselves , why the contract of lease should
bo annulled and the state Ulco Immediate
possession of the penitentiary with tlio prop
erty thereunto belonging- Under the orig
inal contract with Mr. Stout the state deliv
ered to him n large amount of personal prop
erty that was to be returned In time or the
nppralscd value thereof was to bo paid by
the contractor. Since the date of said con
tract the state has expended lart'o sums of
jnonoy in purchase of other property and
improving the penitentiary. All of such
property , as well as all of the prisoners In
the penitentiary , are now under tlio appar
ent control and management of W. II. JJor-
( ran , who claims to luivo purchased the
rights of C. W. Mosher and to the lease con
tract. Dorgan Is now In possession of the
penitentiary without color of authority. Ho
is using the property of the state , hiring out
the prisoners for his own benoUt , and yet Is
under no obligation to the stato.
Oorgan has novcr given a bond to secure
the stnto from the loss of property , nor for
the faithful performance of any duty l.u-
posed upon the contractor under the original
contract ; the salaries of the oflleers and
guards must bo paid by the contractor. Ho
must board and clothe tlio convicts and pay
till expenses necessarily Incurred In tlio
maintenance of the penitentiary. Under the
conditions existing at present there is great
danger of the property of the state being
lost or destroyed. And I am of the opinion
that the safest and speediest way of pro
tecting the Interests of the state Is to deslg-
mite some ollicer recognized by law
to talco immediate possession of the
penitentiary and all property therein or con
nected therewith. Authorize Such officer to
perform such duties under the supervision
of the Hoard of 1'ublic Lands and liuildings
ns will keep the convicts at work , provide
lor their welfare and maintenance of the in
stitution until the legislature can provide the
necessary rules and regulations to govern
the same.
Their I'rojinrty Intrrmt.
It Is true that Stout , as well as Mosher ,
Has at various times expended largo sums of
money in providing improved machinery ,
nml such money as now invested therein.
Still it is equally true that such
investments so made will bo sur
rounded by safeguards while in the posses
sion of the state to n far greater extent than
the property of the state will bo in the hands
of any person without a bond and holding
\vlthout color of authority.
After the state has at once taken posses
sion of the institution all the property can
bo appraised and any balance that might bo
found duo to Moslicr or Stout on final settle
ment Kin bo paid him.
If any legal questions are to arise regard
ing the rights of Mosher or Dorgan , it is far
Hotter that such litigation should take place
tvlth the state in possession of its own prop
erty than it would bo to have tliostato prison
in the hands of an individual with 'tho ' state
litigating to recover its own property from
him. Respectfully submitted ,
WILI.UM LEEsn.
Itcniml * nf the Assignments.
KXIHIIIT n.
AUGUST 1,1887 O. W. Mosher liavliicentpred
Into u bond with the state of Nebraska in the
penal sum of $100,000 according to the pro
visions of nn net of the legislature , approved
March 2 , 18H7 , and within contract Is hereby
extended to wild Mushor for the porlod of ton
years from the Isttlay of October , 1889 , ac
cording to the terms mid provisions of snld
act. JOHN STIIKN ,
Committee 1'ubllc LntuUnml llulldlngs.
(1. IIjAvrs. .
frn-crolary of Stato.
Wll.MAM l.KKSK ,
Attorney CJnnoral.
Board of I'nbllc Lands and Dulldlngs.
i\iuiHT : a
For value received I hereby sell , assign ,
transfer andsotovor to W. H. Oorsan all my
rlKht , tltlo and Interest In and to n certain
lease or contract with tlio stale of Nebraska
for the Nebraska Ktntti penitentiary and ponl-
tcntlary grounds , iiiuntloiird In an net ofIho
loKlsluturo of ilia wtato of Nebraska , entitled
"An Act to ICxtcnd tlio Contract for the hoas-
liiK of the 1'unltentlary , 1'unltimtlary Orounds
und Convict Labor tod.V. . Mother Asslcnco
of W. 11. It. Stout , " approved March 12.18U7.
This assignment and transfer Is nrndo and
accepted subject to all thu terms of un agree
ment between the parties hereto of over ! date
herewith.
Witness Ilia signatures of the parties hereto
this 1st day of February , 18U'J.
Witness : O. KU.XKU. 0. AV. Mosnr.n.
STATK OP NKIIIIASKA , SKCIIKTAUY'S OFTICK
Received and Illod for record on this 8th day
Tobntary , A. 1) . 1H92 , and recorded In rec-
book A at page 205. JOHN U. AI.I.KN ,
Secretary of Stale.
STATB OF NKIIUASKA.OKKICI : OK SUCIIRTAIIV
or KTATK.-M , John ll. Allen , secretary of Btato
of Nubraska , do hereby certify that I liavo
carefully compared thu forocolns copy of the
extension of U % W. Moshor'x contract for tlrj
Nebraska penitentiary , .penitentiary grounds
and convict labor ; nl > > o assignment of U. W.
Mosher to W. II. Uorgan of thQ contract for
thu penitentiary , penitentiary grounds and
convict labor , with tin ) original on Ulo In this
ollico and that thu same Is a true and perfect
ropy of alil oxtontlon and a sltnmeiit.
In testimony whereof I huvo hormmto sot my
hand and u Mixed thu great be\l ; nf thu state ot
Nebraska , done at Mncoln this lUth day of
March , In thu year of our Lord , onu thousand
ulghl hundred and ninety throe , of thu Indu-
pendelico of the United States the onu hun
dred and Huvanteenth and of thu stuto the
twenty-seventh. JOHN 0. AI.I.KN.
Secretary of Stato.
IN TIIK SK.VATU.
Jtuport nn tUo Knnrnoy Uoforinntory Thu
I'rUnn Contract Considered.
LINCOLN , Neb , , .March 81. [ Special to
Till ! HUE. ] The senate applied Itself very
Industriously all forenoon to listening to re
ports from standing committees. These re
ports were very voluminous and consumed
almost the entire time , to the exclusion of
all ether business. Among the bills ad
vanced to third reading were senate tiles
420 , SOI , 111 ! , ! MO150 , and 2.1 : ! . Senate tiles
207 , 208 , M8 , 173 , 123,2W : , and house rolls &J ,
i92 ! and ICO were placed on general llle.
Shortly before noon the special committee
appointed to Investigate the condition and
management of the State Industrial school
at Kearney submitted Its report. It was aa
follows :
Your committee appointed to Investigate all
atulo Institutions not heretofore Investigated
by order of tlio house of representatives beg
Icavo to rtiport that wa proceeded at once to
examine Into the financial affairs of the State
In Justrlal hdiool at Kearney , and U ) have tlio
iKMjUs and accounts of that Institution for thu
last four years examined by un export ac-
countnnt. Many witnesses were called and all
voucher * upon which warrants wore drawn
upon thu Ntate treasury during thu period
named wuro obtained from thn Hoard of 1'ub-
llo Lands and ) tulldlnis , and examined us
a irefully as the shortness of Hie time allotted
t. the committee would permit. As a result
of our Investigations wu llnd ;
ThatJt has been the custom of the Board ol
Public Imnrt.i und llulUllnss to eause to be
under contract thu articles of eoul ,
our nml jjrocorlos for said Institution. Kstl-
"VV males for ald articles uro prepared once each
" nuiitt toy the superintendent aim by him
transmitted to the board , which advertises foi
bids. The b'lils. when iccolvcd , uro opened bj
the board of purchase and supplies at Its lirsi
mooting nflcr the cbinmoiiccmoijt of thu now
viiiurter and are supposed to bu awarded U
hWo'ro 'ofcoal ' was carefully exur.lnct
Into for the in-rlod of four youM. Iho Mipor-
bo weluhed oi
Intcndnnt reijulro * nil coal to
ibo scale * at iho school anil tl.u teal Js , pal Id
for on the tinsUof the school welsliU and no .
upon the basis of the wol hw ofth.o coa loa ,
ot or the railroad company. The ns.U : . nn
Bnu rlntcndrnt. Mr. J. 11. b.lyofnnll. testlllo
tbut It wu a part of liU duty to weigh thi ,
ccalHUtalicaiiio to tlio Iu4fltmlon uud t <
ciitor the weights In a hook kept for that pur
pose.
IA tnhulnted Htntemcnt follows the nliovo ,
showing the. niiioiinlM of real furnUhmt tin
nlxire Invtllullon fortha threii months ending
the year IH'JI and for thu ontlru yonr IH'J'2.
The tnlilo fdmw * the nuiiibnr of pouniN
claimed by the deitlnr , the mimli-r of ( > oundi <
aetually paid for , the amount claimed liy the
dealer and thf amount actually paid , The
totals ant as fallow * : Pounds claimed , 4'J7H-
OUt ) ; pound * paid for , l.2Vt,2.1H ( ; aiimiint
claliuiMl , $ < s'J34.31i ninonni actually paid ,
l4.i4U.OH.1 !
Wo further find that for the pprlnil of two
ycuM ending Dpcombor 31 , IflOJ.It coil tlu-
state to maintain thu t-c'.ionl an average of
atxiut 00 cunts per day for o.ich Inmate. This
Includes all expenditures for thu Institution
except.specific appropriations for permanent
IniptovcnienU ,
About Hunching U'nrrunt ,
An examination of the vouchers on fllo In
thuollleoof thu Hoard of Public I\nils : and
Ilulldliu.sdtHClused ttiu fuel that theru was no
uniform method at the Institution of drawing
vouchers In settlement of claims. Prior to
June , 1801 , It seems to have been thi custom
of drawing separate vouchers In favor of each
person or tlrni to whom the Institution was In
debted , except In the cusu of employes , who
signed u pay roll oacli month , upon which n
warrant was drawn payable to the order of J.
T. Mallalleu , agent , who drew the money upon
such warrant and paid It to thu employes by
hl.s peihonal check. Mr. John T. Malmllou ,
thuHiiparlntPiidont , tcstllliM that on orulxiut.
thu above mentioned date he was requested by
Mr. ( icorgu K. llowerman. thu deputy auditor
of public accounts , In tliuintorostsof economy ,
of time , labor and money , to discontinue draw
ing separate vouchers for each Item 'of In
debtedness , and , as far as possible , to hunch
the claims In a single voucher drawn
In favor of himself as agent. Thu reason
irlvt'n by Mr. Itowornian , as Mr. Mallalleu tes-
tHies , for this reijiiest was that It would save
labor , time and e.xpcn-c In the auditor's olllcn.
After receiving this request from Mr. llower
man Mr. Mallalleu seems to have had sotnu
coiiiiiiiiiilrnthm with the secretary of state ,
Mr. John Allen , upon the subject , anil on .hint )
' . ! ! , . 181)1 ) | , e uddre.ssed a letter to that olUclal ,
who Is also the secretary of the Hoard of Pub
lic Lands and HulldlngM , In which li" call'Ml '
attention to the fact that the old method of
drawing u separate voucher for eah claim
was the most satisfactory to him , but ex-
piessed a willingness to follow thb new
method If thu board Insisted up ) ii It. A copy
of said letter Is hereto attached , marked "K\-
hlblt A , " anil made a part of this report.
Since .said d Ue It has been the custom of the
superintendent to bunch many claims In one
voucher drawn In favor of himself as agent.
The warrant would also bu drawn In his favor
and he would dlslmr-,0 the money by his per
sonal check to tliD parties to whom it was
owing. It Is but fair to Mr. Mallalleu to state
thai your committee found that he acted
In good faith throughout. Wu weru not
able to scrutlnl/.u every chec.k drawn
by him , but wu called Indiscriminately
for those drawn In dlll'eient months
and by comparing thum with thu vouchers
wo found In each Instance so examined that
overv dollar received by him from the state
was actually paid out to the parties for whom
It was IntendedVour committee , however ,
does not fall to criticise In .strongest terms
this system as dangerous alike to the .stato
and to the head of thu institution. Honest
olllrlals are subjected tosuspicilon , and In cusa
their checks should necomu lost or destroyed
they would Und It very dllllcult , If not Indeed
Impossible , to prove that they had properly
disbursed the money entrusted to them , This ,
howuver , Is not thu worst feature of thu sys
tem. Str.inge as It may seem , thu state has no
receipt or other evidence of thu pnymunt of
any ci.xlm whcm thu money was sent to the
he-id of the Institution , and If that olllclal
should dli' or move out of tin1 state It would bu
utterly Impossible for thu state to show actual
payment of such claims.
Onu Instauro of the Kind ,
Vour committee llnds that In onu Instance ,
In July , IH'JI , the state auditor Included In
one warrant the amount due on several
vouchers , notwithstanding they were drawn
In favor of dllTerenl persons , vouchers were
sent to Ids ollico In favor of John T. Mallallen ,
agent , for 4030.38 ; Uaymond Hros. , t Co. ,
iii.77 ! : ; Weaver & Horn ) , $ :1G7.'J4. : and II.
Cuddlngton ft Son , $77.75 ; aggregating M-
Ul8.84. ! Thusu vouchers weru approved sepa
rately by the Hoard of 1'iibllu ' Lands and
llulhllngs , but the auditor , for some reason
wholly beyond Iho comprehension of your
committee , drew n warrant for the full
amount , il,328.H4 , In favorof H. Cndi'lngton
it Son. Your committee followed this warrant
and found that It had been endorsed by U.
Cuddlngton & Son and delivered to John T.
Mullulieu , who gavu his personal checks In
payment of the claims mentioned In Iho four
vouchers covered by said warrant. Other
Instances were found where vouchers were
drawn in favor of the bookkeeper and assist
ant superintendent of the Institution for
money to bu distributed by t hum to thu per
sons to whom It was owing. These Instances ,
howuver , seem to have occurred In cases
wheru those otllcurs had Intlmato personal
knowledge of thu claims to bo paid.
Your committee further llnds that thu law
requiring vouchers und warrants to bu drawn
In favor of thn parties to whom the statu owed
thu money , has been violated times too
numerous to mention and that vouchers so
drawn In viola tlon of law have been uniformly
approved by thu Hoard of Public Lands anu
Hulldlnes. Vour cbmmltteu deems II duo to
Mr. Mallallou to.state that they belluvo from
the evidence , which Is herewith returned
und madu a part hereof , and from the in
vestigation caused by them to be maduof thu
books , accounts , vouchers and olllclal papers ,
belonging to thu Institution , that ho has at all
times been actuated by a du.slro to protect the
financial Intorustsof thustate , to economically
and faithfully conduct the alfalrs of thu
Institution , and has endeavored at all times to
usu his olllclal position to promutu thu best
Interests of the stutu and of thu unfortunate
persons committed to his euro. All of which
Is respectfully submitted.A .
A IiXANIiit : ; GlIAltAM ,
R J. HAI.K.
II. G. STEWAIIT.
Committee.
When the senate convened after recess the
report on the Kearney Industrial school was
adopted.
Cuncornliig Soldiers Home Accounts.
The following communication from Hon.
Eugene Moore , auditor of public accounts ,
In answer to n resolution adopted by the
senate last week :
Replying to your resolution of the 25th Inst.
I have thu honor to report that thu books of
this ollico have been curufully checked with
the warrant book of the commandant of thu
Soldiers and Sailors Home at Urund Islam )
and that they check together , oxcupt thu books
of this olllcu show ono warrant for nutting In
steam heat , amounting to } 2,100 , and onu
wariant for repairing pump , amounting to
$110.02 , thutdoes not appear on tbu warrant
book of the commandant. The warrant book
of the commandant has onu warrant for
$030.50 charged to thu malntunancu and 1
clothing account that should bo charged 1o
the accounts for fuul and lights. It Is quttu
apparent that the discrepancies In thu bal
ances as shown by thu books of Ihu command
ant and this ollico uro duo ( except as above
cited ) to Inaccuracies In thu footing in tbu
commandant's books. Very respectfully ,
l-UltlKNK MOOItU ,
Auditor Public Accounts.
Considering thu Mojlier Contract ,
The resolution adopted early In the Weel
by the house to the effect that the state
should annul Its contract with W. H. H.
Stout , subsequently assigned to C. W
Mosher and now purported to bo In the
hands of W. H. Uorgan , and asking the con
currence of the senate , came up.
Senator Mattes moved that the resolution
bu returned to the senate without action.
Senator Dale offered an amendment , pro
riding that the senate concur in the resolu
tlon.
In support of his motion Senator Mattes
claimed that the senate could not act Intelligently
ligontly on the resolution aud that It con
tomplatcd u leap in the dark.
Senator Everett didn't know cxactlj
where the senate would land If It voted tc
annul the contract. He therefore moved
that the resolution bo referred to the com
mltteo on judiciary.
Senator Harris believed that the resolu
tlon should bo adopted and the contract ah
rogatcd on the ground that the whole con
tract labor system was vicious and a detri
inent to the best interests of the state.
,
,0
should not 'act hastily In the matter and
wanted the report referred to the peniten
tiary committed
Senator ljopo opposed the resolution. He
did not believe the legislature had th <
right to annul the prison contract
basing his argument on the bill of rights it
the state constitution , which provides tha
the legislature cannot inpalr the obllgatloi
of contracts. Ho bcllovcu the matter shouh
bo referred to the committee on Judiciary.
Senator Moore believed that the matte
could only bo settled by the courts.
Senator Stewart claimed that the slat
penitentiary , and the property and convict
are In the keeping of irresponsible parties
who nro under no bonds to the stato. H
claimed that the resolution did not itsul
annul the contract , but that It merely ex
pressed the sentiment of the legislature.
Senator Clarke believed that the resolu
tion , if adopted aud carried into effect
would navotho state $50,000 a yonr , II
know by reports from ether state poultci
tlurlcs where the contract system
vogue , these institutions uro sclf-supnortin
or nearly so. Ho believed that tho. Icglsh
turo could in a day or so formulate a pla
for the management of the penitentiary.
All motions were withdrawn , and tli
, further consideration of the matter wcr
ever for ono day ,
Keintor Clarke Has a Grievance
Senator Clarke arose to a question <
, privilege. He called the attention of tl
seuuto to the fact that during the forenoo
the commlttno Ind submitted n re-ixjrt wo-
ommendlng that Hcn.ito Illo No. lift , Intro
duced by himself ho eintrossed for third
rending. Ills attention has been called to
the fact that the committee hul : substituted
after the enacting clause , or added to the
bill , an old bill offered by some ono several
sessions ago relating to tolls and bridges ,
lie did not know , ho snlil , who w.is responsi
ble for the outrage , but ho wanted to say
that ho considered It dlsMnorablo conduct
to say the least.
This 'inusual breach of aanntorlnl courtesy
brought the lieutenant governor's gavel
down on the desk with n rosjim.lhut thump
nnd thntofllcial warned tin senator from
Douglas to oo careful. Tlio matter was
dropped In an Instant , but to number of
senators who crowded around htm , the mem
ber from D.nurlas oxplnlnoJ the matter and
all agreed that the action of the judiciary
committee was reprehensible , to say the
least.
Itpgulnr Order Contlmintl ,
It was ! t : 10 when the senate finished the
regular order up to hills on third reading.
Senator Mattes then moved that the scn-
ute taken recess until 11 vo minutes of 4
o'clock.
Senator Dale called for the regular order.
On Mattes' motion the Independents out
voted the senators who desired to take a recess -
cess , but cno of the latter demanded a call of
the houso. This action saved the day for
the men who wanted rccass , but it was 4
o'clock before they could defeat the regular
order. Then the senate adjourned to the
house of representatives to consider the Im
peachment leaoltttlons.
After the Joint convention Mattes moved
to adjourn , but D.ile promptly amended bv
moving that the senate t.iko n recess until
tomorrow at 10 o'clock. The object was , of
course , to force the or.lcr of bills on third
reading as soon as the scmUo convened
tomorrow morning. The umondmcnt was
lost , however , as Halo and Thomson voted
with their former associates. The senate
will , therefore , commence the regular order
at the beginning tomorrow morning.
Work oT thu House.
Consideration of the senate amendments
to the general appropriation bill took up the
tlmo of thu house during this morning's ses
sion. The various items of Increase were
knocked out with monotonous regularity , the
big light of the morning being over the
$ * 2ODJ amendment for the completion of the
new llbr.iry building at the State university.
It was knocked out , as was the appropriation
of * SU,000 for a new building at the Institu
tion for the Deaf at Omaha.
The bill occupied the attention of the
house all through the day , the session being
prolonL'cd u little later than ujual in order to
gut through with It. When finished the
senate amendments , amounting to nearly
half a million dollars , had all been loppo'd
off , with the execution of about $75,000 ,
the cut being ever $400,000. The larg
est of the amendments was the appro
priation for the penitentiary , which was
incroasud over what has been allowed by the
senate This was duo to the fact that the
committee on Ilnanco , ways and means vis
ited the prison yesterday afternoon and ,
after inspecting it thoroughly and ascertain
ing the deplorable condition in which it was ,
recommended an appropriation of & ! ri,000.
It was finally fixed at $ ' . ' : i,000. This is to re
pair thu sewerage system and make all
necessary repairs , besides completing the
cell houso. The house concluded that the
bill as it was finally fixed could stand and
the senate might take it or nothing , just as
it choso. After reaching this conclusion the
body adjourned until morning.
AI-'TKK IIII.I/S IION1ISMKX.
Suit Commenced In Douglas County to Ku-
c vur State Money.
The members of the judicial bench of
Douglas county will bo called upon to decide
the question of whether or not ex-State
Treasurer John 13. Hill and his bondsmen
ewe the state of Nebraska the sum of $ J30-
3G4.CO , which has , so It is alleged , boon col
lected but not turned over to his successor
"in office.
Yesterday a petition which bears the cap
tion of the state of Nebraska against John E.
Hill , ex-treasurer of state , and his bonds
men , was filed with Frank E. Moores , the
elerlt of the district court of this county.
In thoopcniug.paragraph of the petition
thu petitioner , George II. Hastings , alleges
that ho prosecutes the action of his own mo
tion and by request of the governor of the
stato. Following this statement there are
the allegations'reciting the fact thai at the
general olufothm of 1893 Hill was elected to
the ofllco of state treasurer for the
term of two years from the first
Thursday after the first Tuesday In
tno month of January , 1801. Going into the
details , the petitioner avers that on January
8 , IS'Jl , the vote of the state was canvassed ,
and that Immediately thereafter Hill was
declared elected , taking the oath of office ,
qualifying and filing his bond. That day
he entered upon the discharge of his duties ,
receipting for the cash , which aggregated
$ lri24,5.4.74. . During the term of his ofilco ,
In addition to the above amount , ho col
lected the sum of 4,200,834:50 : , making n
total of f.-J5iS0.24. :
When Hill's term expired on January 14 ,
18911 , aud when his successor appeared upon
the scene , the petitioner avers that there
was a shortage of S'iliO.afM.CO , which defend
ant refuses to pay over ns required by law.
While Hastings brings thn suit in his own
name , the real attorney is E.Wakelcy ot this
city , who has been employed by the state.
Hastings being the legal representative of
, the state , it is necessary that ho should ap
pear as the petitioner.
The bondsmen from whom it Is sought to
recover are us follows , each of whom quali
, fied for the amounts set opposite their respective -
spectivo names when they signed Hill's
bond :
V. B. Caldwell , § 100,000 ; S , E. Rogers ,
$200,000 ; John F. Coad , 100.000 ; John H.
Clay , IWl.OOO ; John 11. Wright , $50.000 ;
Charles W. Mosher , $300,000 ; D. E. Thomp
son. 8150,000 ; J. D. McFarland , $200,000 ;
Hichard C. Otitcalt , 81.10.000 ; John Fitz
gerald , f 100,000 ; J. E. Smith. 8100,000 ; S.
C. Smith , § 100,000 : John Ellis , flOO.OOO ; C.
T. Hoggs , MOO.OOO ; N. S. HarwooU , $100,000 ;
Frank Colpctzer $100,000. .
The bond was approved upon the same day
that it was filed , January 8 , 1801 , and Is en
dorsed "approved , " by both ox-Governor
Boyd and ex-Govornor Thayer.
<
A Modem Hdon.
. Up-north farmers toil , sweat and fertilize
to eke the barest living from their wornout
soil , wnilo North Galveston fruit lands will
yield from 8241.00 to $1,000.00 pur acre with
half the labor. This gulf region offers to
farmers , manufacturers and invalids every
thing to bo desired.
The climate is mild nnd healthful twelve
mouths in the year ; the land bristles with
manufacturing resources and Is a farmer's
paradise. If you've the slightest , tinge of
curiosity about this industrial spot , apply to
D. D. Smcuton , room 17 , Barker block , the
local agent of the North Galveston associa
tion. The address of the general ollico is ,
Box 003 , Minneapolis , Minn.
W1T.L JtUUll TIIK H'OH/C
Ouo Thousand Teams to lln ICinrilaycil on
n Now ItulIriKiil ,
Sioux Cmla. . , March 31. [ Special Tele
gram to TIIK DEE. ] Work on the grading ol
the Sioux Falls , Ynnktou & Southwestern
road will commence next Monday , when thu
sub-contractors will putforces all along the
lino. Men and teams are being hired as fast
as thty can bo had and it is the intention to
put 1,000 teams on the line within n wcok.
The plan is to. have the line completed from
Sioux Falls this summer.
Plies of people nave piles , but Do Witt's
Witch Hazel Salvo will euro them.
Heavy Damage Halt ,
to CCDAU HAi'tns , la. , March 31. [ Special
ts Telegram to TUB BEE. ] Lieutenant Olnoj
,
- - - -t t-rr - -
has brought jniiniftho federal court In this
city against tha C'tilcngo & Northwestern
for fltt.OOO damaged for Injuries received
while acting as fireman for the comp.iny.
Canes fit Lmitfxjultor'H , 1502
Piles of peopio have- piles , hut Do Witt's
Witch Hazel Salvo will euro tiiem ,
FLASHED IN THE PAN.
_
Another ItixulUi Stmtiitlon rails Itntlier
I'lnt on InvcttlKKtlon.
The charges preferred upon the floor of the
council chamber that Alvln llcnsel hail
acted as n go-between for Charles E. Squires
and the committee on paving , curbing and
guttering , nnd that bribery was attempted
to secure favorable action upon the claim of
the Barber Asphalt company for street re
pairs during 1802 , were investigated last
night , thu special committee , composed of
Munro , Howell , Prince , Saunders and Steel ,
meeting for that purpose.
It was necessary to Issue a capias for
Frank Patrick , ono of the most Important
witnesses , and thu surgcant-at-arms was
sent out for him.
As soon as the committee was ready to
proceed Mr. Steel suggested' that the wit
nesses bo excluded from the room , but this
was not done.
Councilman Saunders propounded ques
tions for the committee nnd Attorney Kush
for Mr. Ilensel. The testimony was taken
in shorthand.
Councilman Elsassor was the first man to
face the fire of questions. Briefly , his testi
mony /as to thu effect that Frank Patrick
had told him that Ilensel h-id s'lld that If
the Barber company's bill for $10iilii.71 for
repairs went through the commlttre would
get $515.71 and the company take the rest.
Frdnk Patrick said Housel had told him
that , and later intimated that ho litul con
summated thu deal , that is , ho got all over
$10,000 the council allowed the Barlm- com
p.iny for repairs. Patrick , however , thought
Ilensel was talking through his hat.
Contractor Squires went on the stand and
denied over having given Ilensel a cent for
bribing the council committee. Ho said
Ilensel had asked for $300 , after Squires had
asked him to secure ti favorable report on
the company's bill. Squires told a lengthy
story of how Councilman Back was elected
In tlio First ward , but recounted nothing to
that gentleman's discredit.
Chairman Back of the council committee
on paving , curbing and guttering said Hen-
sol had told him there was $503 In it if the
bill was reported favorably. Ho thought
Hensol was Joking and not attempting to
bribe him. Ho paid no attention to the mat
ter. Btclc : had not received a cent of money
. and none had b' jn offered him.
! Chris Specht , another member of the com
mittee , denied any knowledge of any money
passing in the transaction.
A report will bu handed to the council
Tuesday.
dines nt LiuitfsUuUer's , 1502 Dotlfje.
- o
Forboquut. purity and healthfulncss Cook's
Extra Dry Imperial Champagne has no rival.
It is splendid with a dinner.
CHARTER AMENDMENTS.
What Their Failure iif Knaetmcnl Would
.Mean to Onmlm.
OMAHA , March } } ! . To'tho Editor of Tun
Bcc : A few qucaUpns to the Douglas county
representatives , jQmalia merchants and
workingmen :
Do you know that If th'o charter bill docs
not pass and the legislature adjourns next
Tuesday that tlio'inlllion ' dollars of proposed
public improvomunts now advertised for
must be abandoned J'
Do you know that the bonds voted for last
fall for sewers at/d / 'pavements cannot bo is
sued or sold if the L'harter bill falls of pas
sage ! - ,
Do you know that if the charter fails you
may have to wait' tvi-6 years for future
public Improvements ?
If you.don't , iti.s about ttmo you awake to
the truth. The res'poiisibility of failure and
its consequences fmifct r < 5st upon the repre
sentatives and -the people. ' Why can't
wo gel , along .under the old charter ,
some of you askt The answer is that
under technical errors In its provisions the
city cannot sell the bonds heretofore or
hereafter to bo issued for any improve
ments. Some of thO grading done last year
under petitions cannot bo paid fqr. Tlio
only parties who can bo Interested in seeing
no charter bill passed are those , who ,
for vir 'ictlve reasons , "would rather
stop all Improvements In tlio city
and stagnate business or parties interofiteil
In projects for which they expect large sub
sidies , hoping If everything Is dead their
schemes will bo more sure to succeed.
Immediate action must bo taken or it will
bo too late.
This is a problem for our business men to
meet at onco. AJJIWBW KOSE\VATEH.
Piles of people have piles , but Do Witt's
Witch Hazel Salvo will euro them.
1'rofcrred u Secret Marriage.
Sioux CITY , la. , March 31. [ Special Tele
gram to THE Bcu. ] Miss Helen Tittmoro of
this city and Carl U. Alsop of Chicago were
secretly married in the latter city over a
month ago after an acquaintance of less
than two months and the fact has just be
come known to the families of the bride and
groom. Miss Tittmoro is a handsome girl of
20. She went to Chicago five months ago
for n course of musical instruction and mot
Mr. Alsop , who is a bookkeeper. They both
lived at the Hotel Quintette and promptly
fell In love with each other and agreed to a
secret marriage. It was only by accident
that the mnrriago became known to the
families. The bride is n sister of J. N.
Tittmoro , assistant to the president of the
Sioux City & Northern road , and was a
faVorite in local society.c .
Piles of people have piles , but DoWitt's
wltchhazel salvo will cure them.
Are Vein Troubled With Ithimmutlsm ?
"After returning from the hospital last
February I commenced using Chamberlain's
Pain Balm and have never been without it
since. I find it removes pain us soon' as It Is
applied according to directions. For rheu
matism I have found nothing to equal it. "
Joseph W. Young , West liberty , Ohio , Coun
ty , West Virginia.
Cedar ItapUU Hotel Destroyed.
CEDAH lUi'ins , la. , March 31. [ Special
Telegram to TIIU Bnc. ] The depot hotel at
Ixnvtlou was destroyed by flro this morning
causing a loss of $ . " [ ,000. The depot was saved
with great difficulty.
No Apology Itcqnlrcd.
From Hie donl n , A'ci. , Journal.
The Journal this ffftok commences the pub
licatlon oi the Cnumborlain Medicine com
pany advertisement } * , If it were the ads o
any other medicine house wo would feel that
wo owed our readers' aiwlogy. Wo have
done business witlrthis firm for years. Tl. I
remedies uro the bf.st nnd our family medl
cine chest is novcr jvithout them. Wo rcc
onuncnd thu house and their remedies and It
is this high regard fov them that prompts us
to run their advertisements. No other concern
corn need apply. . , ,
Mnny of our rca'dcrs are familiar with the
good qualities of Chamberlain's Cough Hem
edy and will agree with the editor of the
Journal that it is.jtho best medicine thcj
have ever used for colds , croup und whoop
Ing cough. Bjll
Work of fowu Univo Uobbori ,
. OTTUMWA , la.j Mtfft'h 31. [ Special Tele
gram to Tun BEE. ] It has been discovered
at Hltoman that the grave of Frazer , the
Highest of all in Leavening Power. Latest I ) , S. Gov't Report.
e
ig
.1-
.1n
10
it
10m 3f ABSOIUTELY
nunlcrcr who was hung by n mob thr < rn last
vcck , tins been robbed. Opinion differs ns
o whether the body was sold to Albla phynt-
lans or was son t to Iowa City.
Canon at LnnjriitiuHor'rt , 1502 Doil o.
Plies of people have piles , hut Da Witt's
Witch Hnzel Salvo will euro them.
NEBRASKA GRAIN INSPECTION.
Jhlef Innpnrtor llc liin Xobrimtoi ( trading
Accepted In thn IIiMt.
It , I' . Thompson , chief grain inspector of
Nebraska , has tendered his resignation to
ho governor to take effect as soon ns his
successor Is appointed. It Is understood
.hat Mr , Thompson Is preparing to engage
n the grain business In St. Louis and that
ils resignation Is the first step in that
llroctlon.
Mr. Thompson was made assistant in
spectoral the commencement of Inspection
n this stato. and being n practical grain
nan the work ol establishing Nebraska
radcs for grain was loft almost entirely to
ilm. In February , mitt , Governor Boyd
ippolnted him chief inspector , which position
10 has filled up to the present tlmo.
In this connection It might bo nddcd that
.ho grain Inspection department-tit Omaha
s running along very smoothly , and both
mycrs and sellers appear to bo well pleased.
; t washo easy matter to induce eastern
[ niyers to take Nebraska grain on Nebraska
Inspection at first , but Nebraska grades are
low recognized nnd accepted In all markets.
At first there was the natural disposition to
watch and criticise every act ot the No-
iraskn grain inspection department , but , ns
ituocamc apparent that the grades as cstab-
isliod hero were satisfactory aud the inspcc-
, ion even , buyers all over the country came
o accept grain Inspected he-re wlthout.ques-
Ion , and during the past year many hundred
hou.iaiul bushels of grain have been sold on
Nebraska inspection.
Piles of people have piles , but DJ Wltt'3
Yltcli Hazel Salvo will cure thorn.
ClcrlM Aci-uneil ol .Stealing.
Detective Vizard yesterday arrested II.
s. Barton and F. W. Hoagltind , both cm-
) loyes of Hayden Bros.
charge of grand larceny was placed
igalnst them. It is claimed that the prls-
mers stole money and goods from the store ,
nit it is not known Just how loni' tlicv have
> een working their scheme. A considerable
juantlty of the stolen goods Iris been re-
ovorcd and the police are hunting up
nore.
Piles of people luive piles , but Do Witt's
Witch Hazel Salve will cure them.
Clreiihitlng OliM-i-no Honks.
Henry Schonfeld. proprietor of tlio "Anti
quarian" boon store on Farnam street near
Sixteenth , was arrested yesterday on a
charge of selling obscene literature. Quito
i number of vicious books were found In his
store. The postal authorities are working
up a case of illegal use of thu mails , and
there may also be a federal prosecution.
o -
.Movements iil'Ocimu MC.UHLMM March I'.l.
At New York Arrived Polnriu , from
Stettin ; Gilbert , from Hamburg ; L.a Nor-
mnndic , Ivoni Havre.
At Idnsalc Passed Kansas , from Liver
pool.
Piles of people have piles , but Do Witt's
Witch Hazel Salvo will cure them.
! healthy flesh nature never
' ' burdens the body with too
much sound flesh. Loss of
flesh usually indicates poor as
similation , which causes the
loss of the best , that's in food ,
the fat-forming clement.
of pure cod liver oil with hypo-
phosphites contains the very
essence of all foods. In no oth
er form can so much nutrition
be taken and assimilated. Its
range oj usefulness has no limita
tion where weakness exist ! .
Pri'inred hy Kcott A Itnwno , Chemists ,
ew York. Bold by alt UrucKista
Convenience
and Economy
effected In every household by tlio use of
Leibig Company's
Extract of Beef
The best way to Improve and strengthen
Soups und Sauces of all kinds is to add a
little of this famous product.
Of Soft Water is scarce ,
don't worry yourself for a moment
go right ahead and use hard water wilb
WHSTE RUSSIAN
and you'll never know the difference.
The clothes will be just as white ,
clean and sweet-smelling , because thf
"White Russian" is specially adapted
for use in hard water.
JAS. S. KIRK & CO. , Chicago ,
Dusky Diamond Tar Soao. "
The ccic.
hrated Non-
changeable
Spectacles
and Eye
Glasses for
sale in Om.
aha by
Sole Agents for Omaha.
IlCll UVSQ An.l . nil tlio train of
UVIIJt , WKAKNK.sSKS , OKIIIUTV , KTC- . that no-
compnnr Ilium la men QUICKLY and 1'KllStA-
NKNTI.V CUItKl ) , Full HTHKNOTII and tone
UtYvn to everr part of tbo bed jr. I will .teait f < e >
curulr packed 1 PUKH to anj iiitterer tba preicrlp-
lion lh t cured mo cf llieio troubles. Addreti ,
A. U11ADLK1 , IUTTLK CUEKK , ItlCIt
jramio ( tain A
Watcrlmry , Vermont.
Wonderfulancl True
_
Totally Blind with Scrofulous
Sore Eyes
Ilooil'a SnrxajHii-llta ( ] nvc ISadt Her
Sloltt , ami , Tn\i \ to Her '
l'atltci''N llcni't.
" Watcibury , Vt , Nov. it ) , 1003.
"C. I. Hood A Co. . 1/nvell , Jhm. :
"In Apill , 1881) . my llltlu girl Munlc : , who
was then ! 1 years old , comnn'iipcd having ulcer
ated eyiM , alu > had sorc-t baek of her o.ir.s. Her
sight began to grow dim , and 1 ( oared slio
Might bo Blind.
I then lived In .IcrU-lio , Vt. In the r.irly days
of .liino 1cnt 1 with her to the Mary l-'letrlicr
hospital In llilrlinglon , and ( hern she was
treated ( our dllTi'ii'iil times a surgical ojicra-
tlon each tlmo , ono of which left llu < fears now
vldlilo on the rye balls. Sun recovered from
IhU treatment each limea siuht Improvement
fora fv days , un ; M > MI * vor Hum < > rr.
Klio eonlil ilHi'i'ni dajliuht tnini darkness , but
I'oiilil lint NI-II lo itiilli m-foan Uu < i-otiui.
" I next went to n l.irphospital in Hartford ,
Conn. At thU hospital no surgical operations
were performed , hut nipdlclnc uas dropped Into
her eyes anil Kiven her to t iKe. she was at this
hospital about ten week * , coiiilnnnlly trn\\ .
iut ; uornr , anil when I took her in November
Wno Totally Blind.
"I arrived at my station In Jericho with ( ho
child , sad hi spirit and impoverished In pocket
coiuiilrirly < tMcoirni < r.l. On our way to the
house from tin ; station , u o stopped at thu store
ot Cap I. McIUnnlm , who was an old sea captain ,
to warm ourselves. Tlio captain . ' "id known
the child hc-loro we went away. WPuwero
wannlni ; ourselves Mamlu said : v ,
" ' 1'ap.i , It's dark , \\here uro you ? 1 can't see-
you. conic to me. '
" The captain's hrnrt was touched , ami with
tears In hit eye * liosald :
"I'lrirley , you oondKet a bottle of Hood's
Sarsapirllla and K\\O \ It to her , anil if it don't
help her 1 will pay lor It.1
"That very afternoon t cot llooil's fiarsapa-
rllln and commenced Rlvlnc It to her aeconlinR
to dlro"tlons. The first beneficial result wat
a brl'ditrnlint of the c.yesliieli eiinllnned
ImiirovliiR until , nniler the treatmcn ;
of IInoiI's Kar.sapnrlll.i. un ttu > nlnlh day she
conhl PICO ( o pirli ii | > n | > i oil the lloor with
out Its bchiR pointed out to her , and beloro tlio
llrst hottlo was all used
Her Sight Vi/ns / Entirely Rostorocl.
1 keep Hood's Sarsap-irllla In the house al
ways , and when the child pets a little colil , If
her eyes appear Inflamed , a few doses settles it.
I thank Goil llrst , Hood's Karsaparllla second ,
Rarsa-
imrilla
and Capt. McKiniian third. Many ot tiio first
families hi .lerlulio can vouch for tno facts given
above. lam ( 'lad to ulvothU testimonial of what
JIooil's Sarsapai Ilia has dime for me , which la
good and lots of It. " Cius. A. An.Uis.
C. L. .SMITH , ( ' . SI. ( iiiirriTtr.
Witnesses to above slKiiatnre.
HOOD'O PlULS euro all Liver Ills , I'.lllom-
cess , Jaundice , ImllKCSliou , Sick Ileaiiseiio.
a NtW I Davenport
THEATER. ] In Tlcopitra
Every Night This Week but Saturday.
Miitlncu Saturday onlv. _ _ S | > . m. haru.
Rnpporlc.1 by MELBOURNE WloDDW
ELL , nnd nor own company , under the
management of Ma re in U. Mayor.
SARBOU'S
IstO rows patiiettltX | ) 1st 2 rawttbalcony $1.50
llalunc-o 1st Moor. . I ! > ' ) Next 4 rows " 1.00
Lower boxes 15.110 Last II rows " ,7f >
Balcony boxes K.OJ Admission to" .50
Mntinco prices saino as night.
Next alt ruction Klllu Kllslor.
4 NIGHTS ' "
. "m/l ?
"WoilnostUiu MaUnoo.
EFFIE Assisted C. W. Conklock by ,
Frank Wcslon
And her own ci
Sunday and Wod'day Mat Hli/r / KHKr
ARrundseoiilcprodnellon HnLLL IMIIIVL
Monday. EGYPT ALLYN
Tuesday and l-'lHt time
Wednesday Kvo In Unmba
Thosaloof seats will open Saturday mnrn-
InR. Prices : 1'lrst floor. flOc. .HJ nnd il ; balI -
I conv.COonndTSo ; matlnoo prloos , .We for any
sent In the theatre.
Jflo , iiio , Hltc , fiOo , 7C c.
TO-MC.IIT.
-TIH3 KUNMAKKUS-
&
Pretty Girls nnd. Funny Comedians * .
Matluco Huturd.ty.
I5o. 25o 35c , 5Oo nnd 7Sp.
NiKhts , comtnonoliu hnnday M.itlneo.
The latest Kiirco ( Joined V Siieoess. nnti'.led
The Inlinltiililo Irish Coinedl in.
THOS. E. MURRAY.
Supportml bv an l.xcellont Uomnany.
Matlnoo Wednesday tiny soul i" > conts.
WONDERLAND and
AM ,
JOHN D'OEMOND AGN S FULLER
In the Spectaciilnr Drama
TUlE SEA OF ICE ,
OUR NUW OOMI'ANV ANDTHK TAVLUIIS ,
NOVI'.I/L'YCO.MKDIANS.
lloatitlful Souvenir far l.v ry \ , idy Visitor.
1'opular 1'rlces. Dally Matlnoos.
GO COMEDIANS CO COMEDIANS
BOYD'S THEATRE
Saturday Ev'ng , April f.
NewPnnirii ! Now Dances !
Musical anil Acrobatic Ppcclaltloi.
Exhibition Drill by Omaha Guards.
Flrnt floor 81 , balcony 75e , sallory 25c.
STKIJF.T PAllAUBBl1. M. 9ATIJUDAV.
OUR EMPLOYMENT DEP'T
while costing tlio ooiployor nnd otnployoa
nothlne. has enabled ui to advance the Inter *
ostsofboth.and alia i bysoourlnj
better results with tha machine.
Wyckoff , Seaman & Benedict
TEM-U'HONB 1H1 I7M PAUSAM dP
Dry Coeds Co
Our Saturday Bar
gain Bulletin.
Wo Shall Continence tit Special
Tlmc-Tablo .Sale at NJt : ( ) -
Prices Unnppi oachaltlc.
From 8:3O : to 9:30 : Wo Offer -
Ladles' summer vests , not over I to a C .
customer „ , O <
,11-lneliclicrso cloth , not over in yards to I ,
a customer . I <
Linen toweli. 1 JxiM. not ever I dozen to a
customer , oieh. . . .
'M-lnch bloaohod muslin , roBiilarOixiual
Ity. per yard.
From 9:3O : to2 \ We Offor-
Ourl. ! ' . ' > i > .hook Klnvot at INC. A beau
tiful llastur rose qlvon away with
each imivliusi ) of Itoynlor uU'Ves
fromKMup
UMnoh China silks , peed designs ,
regular urlea ADA ouly 1 uross to
customer.
Oin-IXMelienlllo portions' . . . . ( CO " 71
Our $10,00 Irish point curtains U : L /
I '
A tCMiioh prlnleil nonstco cotton dress
KOOiU , sold everywhere tit iso
A 20c black organdy for Qf *
: iO-itich line I'ronch organdies resnlar O- .
price iVj O O !
All linen doylies. I2'o roods , not "Ver 1 fX- ]
do/cn to a customer - - ]
a !
l < adloV nrlni wrappers , our WOO QJ 1 '
Karniont Cpl. .
Ladles' Rlnirham suits , nurrecrnlnr
prlcoW.tX )
Ladles' mohair sUlrt-t. our rozular
prleo ii.M
Ladles' silk waists. ? 1.00. Kl.r.MI.51 CCQ I
KciiUhir prices. . " > .IWW.T : > , $ ; . . 'V ) vPOt' '
I.allies'Mtii'ln ; uipc : $ , our regular
Ladles' now sprln .liioltot' , our
. .tCv t l L J. Lit.
early hour
bargains sold
at these prices dur
ing hours men
tioned.
All Day Saturday We Offer
SocvuicJ'oor ISnr < ri > lii * *
OOiili'K ) Halo of Parasol * ) All the now du.sl
of tlio season at very low prices for Oat
day.
Chmjoiilo : ! silk parasols , natural
wood hundles. actually worth ( C I A
Lace trimmed nlcht gowns , goods < t I"i
worth from J1..VJ to Jl.T.'i ipl.Vj
A line lot of oorsots , all sizes. In-
ulndlnu' Koodu worth $ ! . " > to $ l.r > 0
Hoys' Rlilrt waist' . These are the
eelohrated KINO make , all QQ/
laundered uoods and sold ov- .v *
ory where for "Be. Huturdjy wo
elo. o the lot at "Ho.
Hoys'lone nnnt snltxall wool.roc
ular prluoiiaoj. .
Hoys'2-ploco all wool suits , rosn- <
lar prleo K.U )
Lundbora'K , Lubln's mid CuK'ato's
colobratcd porfninos , nil olors
with bottles , per onncii
Linen handkoriihlefs. slK'htly
soiled , worth lOo lo U."o each . . .
Our $1.50 black lionrlottas $1.0 (
U
KOOcedar palls , ( OoKoodH , at \ [ {
Liirgi ) willow hainporH , rr ular "
prlcoJLS'J. '
Heavy K'USS ' tumblers , regular
prleo too dozen , limit one do/ * I ,
to a customer , each. '
Strausky stool coffee pots . . . 1
Strausky stuel loipots I
Strausky Hteol prosorvlns koitlos !
Htrausky atcul milk nans. 49 <
ftraiiHKy stool wash baslim .
Slrausliy Bteol fryln pain. . . . I
Slrauauy Htuol illDpors. .J
Worth from U-lo to 73o ouch.
Our special semi-annual so |
of Ladies' and Children's
HOSIERY
Begins next Monday , Sej i
Sunday's paper for particulars