Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 06, 1893, Image 1
THE OMAHA DAILY BEE. TWENTY-SECOND YE All , OMAHA , TUESDAY'CORNING , JUNE (3 ( , 1893 , NUMBER 2m. HERE NOT LIABLE fcmpeachod Blato OfBciah Exonerated by the Supreme Court's ' Decision. ft WAS NOT A UNANIMOUS VERDICT [ i ' ftndgo Maxwell Dissents from the Holdings of Judges Norval and Post , POSITION TAKEN BY THE LATTER PAIR h "Wronp "Was Shown , but Not Enough to Warrant Removal , OTHERS MUST BE HELD RESPONSIBLE 'portcomings ' of Legislators , Superintendents and Contractors Fully Sot Forth , IHIEF : JUSTICE TAKES A STRONG STAND I'ijle I' ' ijle Holds thut Kvery Point Sustain * Ills Decision Agnlnst the llospondcnts , and thnt They Should Ho Ilomored . from Olllce. LINCOLN , Neb. , Juno G. [ Special Telegram o Tim DEE. ] The supreme court of the 'late ' of Nebraska devoted its time and at- i this afternoon to making history to 'fO ' handed down to future generations. It ras the day set for the handing down ot the binlon in the impeachment cases against leorgo II. Hastings , attorney general ; John , ' . Allen , secretary of state , and Augustus 1. Humphrey , commissioner , who constitute lie Board of Public Lands and Buildings , lid against whom articles of impeachment , harging misconduct in ofllco , were found by ho last legislative assembly. ' Four weeks during last month the supreme ourt sat as a court of Impeachment , hearing ho testimony regarding the steals in the ( instruction of the penitentiary cell house ; ! nd the Insane asylum coal and flour stea ivhen the case was taken under advisement. ) shis afternoon when the hour of 2 o'clock ( , 'ollod around Chief Justice Maxwell and fudges Norval and Post closeted themselves the private consultation' room , leaving , n anxious croxyd waiting in the supreme 'court chambers , As time moved along the little room filled to its utmost capacity with ! 'eager ' spectators among whom were ex-Gov ernor Thayer , Ada M. Blttenbender , Nebraska's female lawyer ; Prof , llakestraw , superintendent of the Asylum for the Blind ; Editor Butler of the Osceola Record ; General Colby , possessor of the Wounded Knee papoose ; Colonel Russell , cx-commari- ; derof the Grand Army of the Republic ; Managers Colton , Casper and Barry , and the following members of the last legisla ture : Davies ot Cuss , Crane of Douglas , Oakley , Burns and Cornish of Lancaster , Keckley of York , Sheridan of Uod 'Willow ' , Lowloy of Seward and Jcnson of Fillmoro. Two Opinions Wcro Filed. While it may have been a coincidence , it ; vas n fact nevertheless , that none of the Sccuscd officials wcro present , nor were i.hclr attorneys. The lawyers for the man- igors wcro on hand and patiently Joined in < ho waiting ns the hours passed away. The : oicluslon ) was reached that another delay , uch as was experienced last Monday was in Jigllt , but nt 4:10 : o'clock the spell was 'iroicen ' by DavoCampboU , clerk of the court , , vho entered the ofllco to state that the iplnion had boon filed. There was a rusher or the clerk's ofllco , and a hundred hands vcro ready to grasp the documents , ' 10 of which , signed by Chief Listico Maxwell , hold that the re- .xmdcnts were guilty as charged i the specifications , and the other , signed ! y Judges Post and Norval , holding thai the tate had failed to make Its case. The mu- ; rlty opinion , vindicating the respondents , substantially as follows : Why They Are Acquitted. "Uy the provisions of section M , article Hi ' the constitution of 187.1 the supreme court d not succeed to any of the political func- > ns of the sunnto as n court of impcach- 13111 under the prior constitution. The pro- slou of the trial of impeachments bo- ' 0 this court was intended to sure a Htrlctly Judicial invest- ! .tlon in such cases according to judicial othods. Whore , in an impeachment preCeding - Ceding , the act of oflleiul delinquency con- fists in the violation of some po<lvo provi- lion of the constitution or statute which is renounced us u crime or misdemeanor , or I/hero it is a mere neglect of duty , willfully I ono with a corrupt intention , or whether Iho negligence is so gross and the disregard lif duty so flagrant ns to warrant the infer- Inco that it was willful and corrupt , 1' , is n Inhtdomounor in oftlcd within the moaning If the constitution. But where such i.ct results from a inero error ol judgment , or omission of duty without the dement of fraud , or where the alleged negll | ; enco is attributable to misconception of dut.v rather than a willful disregard thereof , it ia liot impcnchablo , although it may bo highly | > rojudlclul to the interests of tlio state. Impeachment is , without regard to the pro lluctlon of evidence and quantum of prool [ required to warrant a conviction , essential ! ) if criminal prosecution ; hence the guilt ol I'.ho accused must bo established beyond ; T-cusonublo doubt. The functions of the Hoard of Public Lands and Buildings ir Tmsslng upon claims against the Mate , am .n the actions of subordinate ottlccra nnt Agents authorized by law , are iu their natun aims ! judicial. Maxwell , chief justice , dls Renting. liurgnn'i Employment Comlnnbff. "An onlcor is'not liable fora judicial act ex Icept whore he acts willfully , maliciously o Lorrnptly. This is a rule of great antiquity Kind rests upon the soundest , public polio ; fund in its application is not limited to iudgca I but extends to allofllccrs and boards chargci T with ho decision of questions quasi ] udlcii : I in character. The legislature of 16U1 appro priatcd 40,000 for the building of a eel house at the penitentiary by day's worh The Board of Publlo Lands and Building having fcald building in charge , selected fo luperlntrndent of construction ono Uorgar known to bo the agent and manager o Moshcr , the lessee of the prison labor , wit ! ' the understanding that ho would hate \ , to contract witli Moshcr , his principal , i behalf of the staio for the necessary labo nul fix the prices to bo paid therefor. 1 ors not appear that tlio labor could hav been procured for less than the rate aHowe by Uorgau , to wit : $ 1 per day , and is m milted to have been worth more that thn [ amount. Held : That th action of the boar in selecting Dorgan as the representative c the state , while highly censurable as ui businesslike und wanting in ttiat Iiitolllk'ci regard for the Interest of the public whlc the state exacts from its ofilccrs , was t most an error of judgment not amounting 1 a misdemeanor in ofllce. Maxwell , chit justlvo , dissenting. Tb i W r Not Wronr. "It is not n misdemeanor in olllce to n < vniico UIODOV appropriated by the loglslutui to * disbursing agent to enable him to pn pura material and labor for the crootiun of public building of the state whore such ad vancement is not prohibited by law , espe cially where the state is protected by n sufllclcnt bond. Maxwell , chief justice , dis senting. "Through the nezltijenco and incompot- cncy or fraud of n sunerlntendent of con struction , the state win charged for building material greatly In excess of the reasonable or market value thereof and for labor which had not been performed. The bills rendered therefor were presented In the usual course of business nnd allowed by the Board of Public Lands and Build ings , acting In good faith , and in the belief that such claims were legitimate clmrccs against tlio state. Held : That the allow ance of such claims is not a misdemeanor in ofllco for which the members of the board uro Itnpcachablc. Maxwell , chief justice , dissenting. ( lood t'ntth Ktritscs Them. "The Board of Publlo Lands and Build ings used > 00 of money appropriated for the building of a cell houio at the penitentiary to defray the cost of visiting prisons in neighboring states , tlio alleged purpose ot such visit being to gain information with respect to the character and quality of cells to bo selected ; also improved system of ventilation , and also other methods of bettering the sanitary con dition of the prison. It appears thut they wcro advised by the attorney general that said money could bo lawfully used for the purpose named , Held : That the test of their liability in this proceeding Is not whether such ndvlco was technically correct. If they , in good faith , construed the law as authorizing them to apply tlio money to the object named , nud actually used it for such purpose , they cannot bo adjudged guilty of n misdemeanor in ofllco solely be cause the court may differently construe the law. Maxwell , chief justice , dissenting. "Evidence examined and held not suf ficient to warrant a finding that the re spondents are guilty of converting any part of the last above named to their own use. Maxwell , chief Justice , dissenting. "Tho Board of Public Lands and Build ings , out of the cell house fund above named , paid the sum of $200 to defray the expenses of the warden and chaplain of the penitentiary as delegates to the National prison congress nt Pittsburg , Pa. Whllo such expenditure was not within the scope of the authority of the board , and the re spondents are liable to the state for the money so appropriated , they acted in good faith and from motives of humanity with out the possibility of personal gain , and such facts are not sufllcicnt m law to war rant their impeachment. Maxwell , chief justice , dissenting. Fault of the Superintendent. "During the year 1891 and the month of February , 1892 , extensive frauds were prac ticed upon the tate by contractors for coal at the Hospital for the Insane at Lincoln , although the amount of such frauds cannot bo determined from the proofs. Following the practice which had prevailed for many years the board required all vouchers for supplies to bo certified by the superintendent ns correct. When so certified they were com pared with the contracts on file and if found to correspond nnd the extensions correct they were allowed. During the period men tioned through the negligence or'crcdullty of the superintendent ho was induced to certify to accounts largely in excess of tlio coal actually received and which were allowed by the board , relying In good faith upon such certificates. Tbo board at that time wcro required to disburse over ir > 0,000 annually for current expenses and Siil.OOO for the erection of public buildings , which necessitated the examination of hun dreds of vouchers monthly. Held : That the failure to detect and prevent the fraud in question is not n misdemeanor in ofllco. Maxwell , chief justice , dissenting. Lccliluturo Held Kcjponslble. "Bills for coal amounting to ? 12,000 on ac count of the asylum for the last quarter of 1890 and the first quarter of Ib91 remained unpaid , the appropriation for that biennial period bavins been exhausted. Said bills were submitted to the legislature of 1891 and referred to the proper committees for investigation and the sum of $12,000 appro priated' with which to pay them. Subse quently they wcro certified to by the super intendent , and allowed by the board in the helief that they were proper charges against UIQ stato. Held : That the action of the legislature is complete Justification of the board. Maxwell , chief justice , dissenting. How ttio ConcluBloiii Were ICoucIicil. Following this the Judges in their opinion recite the charges in the specifications , and then say" regarding the subordinates who wcro under the members of the bourd , that said oftlcers had nil given bonds and taken an oath to faithfully perform their duties and were by the respondents deemed honest and capable. That in allowing bills for coal they rolled , as they had the right to do , upon the certificate of superintendent that said bills wcro correct and that the coal therein called for had in fact been furnished. "When we have cleared away the rubbish , to use a homely phrase , and stripped this case of the features which are wholly irrele vant or at most but incidental to tlio real controversy " the "Wo find the troversy , opinion goes on , questions involved to bo few and by no means difficult ot solution. In the first place it should bo remembered that the pur- onso of this investigation is to inquire whether the respondents nro guilty of mis demeanor in office , and not to .state an ac count between the state of Nebraska and Dorgan or parties furnishing coal for the use of tlio asylum at Lincoln. But ns the proofs are confined to speculations 5 and 0 , they alone will bo examined. Vol umes might bo written on the cost and value of the different walls , as well as thereof and foundation of the cell house , also the amount of labor and material furnished therefor by Dorgan und Hopkins respectively. Hoard Irrelevant Testimony. "And In the vain attempt to reconcile the estimates of the many witnesses who have testified on that question , wo are satisfied that it was a mis taken sense of duty which prompted us to permit first the state , and afterwards the respondents to introduce evidence of that character. The result Is that wo have consumed days nud even weeks in hearing proofs wholly irrelevant to the real issues of the case. It may bo further said that the evidence on that subject is of the most unsatisfactory character , oven foi export testimony. For fustunco , according to our recollection , no two of the state's witnesses nirrecd ns to tha length or height of the exterior walls of the structure , uni ! differed moro than $14,000 in their esti mates of the present value. With the fore' going observation , wo will dismiss the pros out subject of the value of the cell house nnd proceed to consider the several charges in their order. Iu Itccard to the convict Labor. As preliminary to an examination of tin charge contained in specification 1 of article lit should bo observed that on the S2ddayo : October. 1877 , the Penitentiary ground am convict labor weer leased by the state to W H. B. Stout for the period of ton years , am by an act approved March U , 1SS7. said con tract having been assigned to C. W. Moshor was extended for ten years from October 1 18SU. It Is further provided by said act 'Moshcr shall rocelvo 40 cent * per day foi each convict as full compensation under sale contract.1 At the time of the appointmcn of Dorgan to superintend the constructioi Df of the cell house ho was the agent and man Dfh ngor of Mosher , the lessee of the peniteu o tlary , and charged with the duty of subleas In ing the prison labor. In view of that fact Dr his selection by the board as the repreaenta It tlvo of the state , knowing , us it will hereafter reid after appear , that It would bo obliged to do id pcnd upon Moshcr for labor to carry 01 idd the work , Is higljly censurable drd and should , . to say the lenst , be I character rd izcd as unbusinesslike and utterly wantinj of in that Intelligent regard for the Interest ti of the state which the law demands of puh tint lie officers under llko circumstances. H 1 nth true , according to the evidence , that Dorpoi at was recommended to the board by reputabl to partita , and previous to his resignation n ef charges had over been raado within th knowledge of the respondents affecting hi character or fitness for the pojllion. Tha fact , while it may to some extent cxtenuuu dro will not excuse hU selection for so importan roe a trust. o- tha Stain Defrauded ? oa a "But hni the state been defrauded tucreb as charged ? The answer to that question depends upon whether the labor could have been procured for loss than the amount allowed. In this connection it i.i proper to examine the provision for the cell house , which li found in the general appropriation act of 1891 , nndcr the title 'penitentiary , ' and Is In the folio wing language : 'Building new cell house by day's work , ? 10,000. ' The motives of the legislature are not involved in this controversy , yet the appropriation in question might with equal propriety have been entitled : 'An act for the relief of C. W , Moshcr , ' since it is a palpable fact that ho was beyond the reach of competition. The rule of the prison fdrbids the employment of free laborers within Its walls , hcnro the con tractor was practically able to dictate the price to bo paid by the state. There is , howo\er , no evidence tending to prove that the labor could have been procured on torms. moro advantageous to the state , or that the amount charged , $1 per day , is excessive. It in true convict labor has been let to some of the subcontractors ut the prison as low as 40 cents per day , but such an employment has been for n term of years , and the employers have in every such case been subjected to the additional expense of costly machinery. It is nlso shown that the state had on two previous occasions employed convict labor , allowing therefor $1 per day. The state's witnesses who testified on the subject all agree In plac ing the value of the labor per day at figures largely in excess of the figures charged therefor. The wrong to the state In that , re gard consists in the charging for labor not rendered , which will bo considered hereafter , rather than the rate per day. The charge In that specification is there fore not sustained by the proof. On Advancing Money to Dorg.in. "Tho charge in the second specification is the advancing of money to Dorgan out of the cell house fund before the labor therefor had been performed or t'io material furn ished without adequate security. It is not charged that such advancements wcro made corruptly or even negligently. It should bo mentioned in this connection that upon tlio appointment of Dorgan ho was required to give n bond in the sum of $10,000conultioncd that he would faithfully discharge his dut.v and account for all moneys which might como into his hands. That bond is admitted to bo good and ample security for any amount now duo the state. Nor docs it appear that ho was at any time entrusted with money in excess of the amount of the bond aforesaid. ThcroViis a Steal on Stouo. "With respect to specification No. 3 it maybe bo said that iho bills rendered for stone are grossly in excess of the reasonable or mar ket value thereof , through the Logligcnco , Incompotency or fraud of the superintend ent. The latter , it is disclosed , contracted with Atwood & Co. for the necessary stone to bo delivered on the cars nt Cedar Creek , Cass county , or other points not moro remote from Lincoln , agreeing to pay 8 cents per hundred pounds lor common rubble ; 10 cents per cubic foot 1'or dimension stone nnd 85 cents per cubic foot for stone 'plugged to size. ' By the proofs under this specification are presented the vital questions in the case , vu : Whether the respondents are impeachable - able for failing to dctoct and prevent the allowed frauds against tlio state , or. as a broader statement of the same proposition , what , under our constitution , amounts to nn impeachable misdemeanor ? It Is safe to say that no question of greater im portance has ever been submitted for the consideration of this court , and in its solu tion we have endeavored to adopt the rule best sanctioned by authority and which is just alike to the state nd its servants. Itnjcct the Rule [ .aid OO\TII. "It is sufficient for our purpose at tne pres ent to say that wo are constrained to reject the views of Prof. Uwight , Judge Curtis and other advocates of the doctrine that an impeachable - peachable misdemeanor is necessarily nn in dictable offense as too narrow and tend ing to defeat rather than promote the ends for which Impeachment HS a remedy was designed and not In harmony with the fundamental rules of con stitutional construction. On the other hand , the contention of counsel for the state that the term misdemeanor in office is not susceptible of a legal definition , but that every such proceeding should bo de termined upon the fact in the particular case is , to say the least , strikingly illogical. There Is one fact which cannot fall to impress the Judicial mind from an examination ol our constitution , vU. : That the provision foi the trial of impeachments before the supreme premo court was to insure a strictly Judicial investigation according to judicial methods It cannot bo successfully maintained that th's ' court has succeeded to any of the po litical functions of the senate as a court of impeachment under the first constitution The former practice has been Justly com mended on account of the political , and. i mast bo confessed , too frequently p.misai character , but the substitution of a judicia oligarchy for the form of democracy is note to bo commended as a measure in the in terest of reform , as said by Judge Story. Ahoiit AdvnncliiK Honey to Diircnn. "The only specific charge in speculation 01 the crediting of Dorgan for money oxpendci without requiring the production by film o vouchers therefor. Tlio rnethc-d adopted by the board In dealing with Dorgan was sub stantially as follows : With each estimate made by the latter , he would file with the board the original Dills rendered to him for stone and oilier material , also receipted expense - ponso bills for freight and at the same time exhibit his canceled checks , payable to the order of the parties furnishing labor materials , etc. Such checks , after being ex amined , were returned to Dorgan , but are all In evidence , except two , which are ad mitted to have been lost or mislaid , Thcro was in reality no settlement or statement of the account between them , settlement by mutual understanding having been deferred until the termination of Dorgan's ernployirent. While wo may not bo able to commend the course of the respondents us that of pru dent nnd sagacious business men , they nro not to bo convicted because wo may differ with them In Judgment , or because they may fall short of our standard of efficiency and diligence under like circumstances. "Tho only churgo in specification No. 7 is the failure to make final settlement with Dorgan. The respondents all testify thut soon after the appointment of Hopkins they received information , which led thorn to question Dorgan's honesty ; that they had no moans of ascertaining the truth with respect to such charges , and inasmuch as the grand Jury of Lancaster county had en- tercd upon an investigation thereof , they de cided to defer action In order to avail them selves of any Information derived by that means , ns well as from other sources. The dclav , it is apparent , dofs uot constitute a misdemeanor in office , but was for the best interests of the state , I.egUlntlon Was "Hocklrni. " "We como now to a consideration of the charges under article ii , the first of which is the conversion to their own use by the respondents of $500 of the cell house fund , In this connection it is necessary to again examine the appropriation In question. It Is doubtful If the history of the state present s another such instance of reckless leplala lion as the appropriation of $10,000 without direction even as to the quality or dimension of the building provided for. or ns to the manner in which money should bo drawn 01 disbursed. There is no authority in the acl for the procuring of material or plant and specifications. As to all muttei except labor the board is required to cxor else its discretion. In the cxerclso of thai discretion it might lawfully nave employed a supervising architect , skilled in the con structlon of prisons and familiar with 1m proved systems of ventilation and othei methods of bettering the. sanitary conditloc of such institutions , and for such service they might have lawfully expended sovtra times the amount above mentioned ) . "They were advised by the attorney gen eral that it was lawful to use a part of tin cell house fijnd for defraying the cost o visiting other prisons in order that the : might better discharge their duty to thi public. Whether or not such advice wa technically correct is not. the test Of Hi' ' liability in this prosecution. If they In 15001 faltu construed the law us authorizing then to use a part of that fund for the purpos cameo , there Is no precedent in this countr. for declaring their oftlce forfeited becuus wo might in a _ proper proceeding feel COE ox bico.su MOVING FOR1ANY REFORMS Anti-Trust Oonvuntioa Opens Its Sessions in 'Chicago. GOVERNOR NELSON CALLED TO PRESIDE Iteprrscntntlrn Men In Attendance llooliilluiiR i : proj lvo ot IndlvnUiut Sentiment OHarcd Finns to OlmiiRO the Condition of Things Suggested. CHICAGO , 111 , , Juno fi. [ Special Telegram o TUB Br.n. ] The anti-trust convention , ailed by a resolution ot the Minnesota cgislaturc , assembled in Apollo Music hall his morning. Between eighty and ninety Iclcgates , appointed to represent twenty- 'our states and territories by the governors hereof , were in attendance. Governor Cnuto Nelson of Minnesota was chosen por- nancnt chairman. Departing from the usual rule Imposed at rolltleal conventions the delegates voted to icar in the opening meeting all resolutions vhich it was proposed to present to the committee on resolutions. Half a dozen del egates , most ot whom were from western states , availed themselves of the permission .o present resolutions , showing their ideas of , ho way to smash trusts. Many of the rcso- utions wcro of a character that was startling They proclaimed among other things that the supreme court of the United States was overriding the will of the people ; that the government should take all mineral lands under the right of eminent domain ; that the single tax was the nropcr cure of evils , and that other measures of like character should bo adopted. An end was put to the proceed ings in this line by tlio introduction of a resolution elution declaring the government to bo a failure. Prominent People Present. Among the delegates who were present when Governor Nelson called the convention to order were : J. B. Weaver of Iowa , Igna tius Donnelly of Minnesota , E. Rosowatcr of Nebraska , J. R. Lane of Iowa , Frank F. Davis , ox-Lieutenant Governor C. A. GUman , James A. Tawney , and J. B. Wukefleld of Minnesota , J. 1C. By- waters of Texas , John A. Hubbard of Louisi ana , E. O. Brown and II. W. Clcndcnnin of Illinois , A. W. Woodford and Robert Mc- Eldownoy of West Virginia , D. O. Boyd and Frank Moody of Colorado , M. R. Gammon of Oklahoma , E. S. Meany of Washington , Philip Corcoran of tftah , E. E. Whipplo and S. B. Daboll of Michltran. Mrs. Corinno Brown of the Illinois Woman's alliance w is also admitted as a. delegate , and Marlon Harland was made an honorary member ; Governor Nelson nlado a speech , in which ho described the inuustigatlons of trusts made by the Minnesota legislature and the weakness 'of present laws rela tive to trusts. A committee to select permanent officers ' was named and tt re ported Governor ICmue Nelson of Minnesota for permanent chairman , Edward S. Meany of Washington for permanent secretary and C. E. Morton of Kentucky for his assistant. A committee on resolutions was named con sisting of ono delegate from each state , with E. Rosewatcr as cnairman. The convention took a recess until 2:30 : o'clock. Governor Nelson called it to order at that hour. A committee ) on rules and order of business was appointed and it , after a little deliberation , returned with rules per mitting the introduction of resolutions in the convention , which , after five minutes discus sion by their movers , might bo sent to the committee , on resolutions. The lules were adopted. Drought on the Itcsolutloiu. J. B. Weaver of Iowa and Juito Thomas II. Walker of Pennsylvania were elected as representatives respectively of the populist nnd domocratlo parties for vice chairman. This cleared the way for the introduction of resolutions. Davis of Minnesota brought in those prepared by the Minnesota dele gation. They were the mildest of any which were listened to for the succeeding two hours. They provided that new and stringent laws bo enacted for the extinction of trusts , that nn anti-trust association bo formed , composed of three representatives from each state and territory , having three standing committees whoso duties should bo to scrutinize [ and push state and national legis lation against trusts and insist upon its enforcement. Corcoran of Utah followed with n resolu tion to the effect that the government should nirchaso all the coal lands under the right if eminent domain. Wakelleld of Kansas offered a resolution hat coal lands shruld bo owned by the state. 'hoy were the heritage of the people , ho aid , a.id should bo reclaimed by the right of iminent domain. Hubbard of Louisiana presented a rftso- ution that every member pledge himself to vote for nobody not opposed to trusts. Clemens of Kansas introduced a resolution vlthdrawing all legal protection from trusts and declaring their property forfeited. Donnelly ! % oirn on the Court. Ignatius Donnelly took the floor with a resolution which provided that the supreme court had overridden the will of the people , ind should bo viewed with apprehension for ts tendency to concentrate within itself .towers belonging to congress and the oxocu- , Ivo. Corey of Pennsylvania asked the conven tion to vote that-tho government was a failure. By waters of Texas wanted all corporations made subservient to the people who created them. Dowitt of Pennsylvania offered a resolu tion that the gold and silver miners of the country should not have a monopoly of fur nishing the money of the country , but the same should bo heldlby the people. Several other resolutions of like purport wcro introduced. At 0 o'clock nobody else seemed to have any further plans of reform to offer nnd the convention adjourned until tomorrow morning. The committee on.rcsolutions mot at the Palmer house at ) Olo'clock and begun the task of "winnowing and purifying" the rcso- lutions , nivon to Subconiu > IUoc. By 10 o'clock a general agreement as to the nature of the amendments required was reached , and a subcommittee was appointed to cousldcr the dotailnand report to the full committee. This tiubconimitteo consists of E. Rosewater , Nebraska , chairman ; N , B , Brewer , Iowa ; Frank F. D.ivls , Minnesota ; H. W. Clcndennln , Illinois : S. D. Daboll , Michigan , and Samuel Crocker , Olclahoma , The determination of the committee is to cut out every citravntuinco from the plat form und recommend a plan of action in con formity with recognized principles of legis lation. Caused by Poor Collodions. NEW YOHK , Juno 5 , Morris Sowcrin , carrying on business under the name of Edward - ward Blmonds & Brothers , trunk , valises and bag manufacturers nt Newark and No , COO Broadway , today allowed judgment to be entered against him for $22,670. The shcrifl has taken possession of Bowerin's stock. M. Wurley Platzko , attorney for a number ol creditors holding claims aggregating $00,000 , said to a reporter that the liabilities were about (250,000 , actVal assets , j'XfyOOO. ' The failure i ? said to nauo been caused Uy nooi collections and the tight money market Scwerln today confessed judgement in Newark ark , N. J. , for $20,000 to Bernard Strauss. Wheat Iu UioNorlhweit. MiNVEirous , Minn. , Juno 6. The North western Miller reports the stock of wheat n lirlvato elevators of Minneapolis at 2,070,000 imshols , on Incrcaso for the week of 11,000 tntshols. The nRgrcpato stock of Minneapo lis , Duluthand Superior as 23,847,830 bushels , or $8,052 bushels loss than last Monday. A year ago tlio stock wns l'J,420COO bushels. XltXT MKEI1XU O * ' COSQltESS. Prcildcnt Cleveland Will Convene It In Ex tra Se lon In September. WASHINGTON , D. C. , Juno G. The president said tliis evening , in reply to a direct ques tion by n representative of the Asioclatcd press , that he intended to call an extra ses sion of congress not earlier than the 1st nor later than the Ifith of September , unless un expected contingencies should necessitate an earlier meeting. The president further said : "Whllo thcro has been no mystery or secrecy In regard to my intention in this matter , I t It in it It not amiss that our people should bo informed authoritatively that the tlino is at hand when their representatives in congress will bo called upon to deal with n financial condition , which is the only menace to their country's welfare nnd prosperity. It is well for the peopln to take up the subject for themselves and ar rive at their own conclusions us to the merits of n financial policy which obliges us to purchase idle oilier bullion with gold taken from our reserve. Olio does not need the eye of a financier to see that this gold thus subtracted from the government's stock is eagerly seized by other nations for the purpose of strengthening their credit at our expense. "It docs not need the art of statesmanship to detect the danger that awaits upon the continuance of this operation. Already the timidity of capital is painfully apparent , and none of us can fall to sco that fear and ap prehension in monetary circles will ulti mately bring suffering to the very humblest homo In the land , "I think that between now and the meet ing of congress much depends upon these engaged in financial operations and business enterprises. Our vast national resources and credit are abundantly sufficient to jus tify them in the utmost confidence. If , in stead of being frightened , they were conservative vative , and if , instead of gloomily anticipating immediate di'iaster , they con tributed their part of hope and steadiness , they will perform a patriotic duty nnd at the same time protect their own interest. The things most needed Just now are coolness und calmness in financial circles and study and rcllcction among our people. " COMPLICATIONS. Heir the Mcok-Kyed Cclcstlali Are Evading the Law. WASHINGTON , D. C. , June 5. The Treasury department for some time has believed that the Chinese wcro using affidavits of authen tication for illegitimate purposes. Some , taken out here , wcro sent abroad and sold to Chinamen ; in other cases the Chinamen would dispose of thorn after reaching China , and , in both cases , the law was violated. Under the law , Chi nese merchants who decide to leave this country to visit China have heretofore been furnished with papers which , when endorsed by the United States consul at the part of debarkation , to enable them to re-enter the United States. Acting Secretary Hamlln thinks the abuse should bo stopped and has addressed the col lector at Boston a letter on the subject to that effect. The State department will probably not Interfere in the case of the steamship Dan ube at Portland , Ore. , where the captain ap pealed to the British legation for relief from the order of the court which required him to bring 330 Chinese passengers bcforo the court to answer its haljeas corpus. The captain\vas willing that the Chinese should answer , but ho feared ta ussuiuo the heavy re sponsibility of preventing the escape of the Chinamen when they were once ashore. Sir Julian Pauncofoto , the British ambas sador , called at the State department today , probably to present the case to Secretary Grebhain. It is believed at the _ department that thcro will be no difficulty in complying technically with the order of the courtwhile avoiding any possibility of the escape of the Chinese. This could bo done If the marshal should scryo his writs on board and left a deputy in charge of the Chinese until the court passes upon the caso. Washington -Sotei. WASHINGTON , D. C. , Juno 5. The Navy de partment has ordered the United States steamship Alert from Sandbaek to Coroa , but the reason for the move has not been nado public. Secretary Grcsham this oven ng said that he had no information of hroatcncd trouble in Corea which would copardixo American interests and ho > ollovcd there was no cause for apprchon- ion. ion.A A third dividend of 10 per cent has been leclared in favor of the creditors of the in solvent Cheyenne National bank of Chey enne , Wyo. , making In all 50 per cent in claims proved , amounting to $250,1)00. ) Secretary Carlisle has dispensed with the services of eighteen inspectors of rags sta tioned at ports In EuroDO , and directed that , ho work performed by these inspectors be icrcaf tor discharged by United States con suls and United States marine officers sta- .loned at these ports. Captain J. F. Hassler of South Dakota , who was the appointment clerk ot the Inte rior department during Mr. Cleveland's former administration , has been appointed ihief clerk of the Interior department , vice E. M. Dawson , resigned. Moro Kxport * of Gold. WASHINGTON , D , C. , June 5. Ono million dollars in gold has been withdrawn from the subtreasury in New York for export tomor row. This leaves the net gold in tlio treasury t89KM,320. A gentleman who is in a posi tion to know something about the financial policy of the administration , said to a reporter today that his understanding was thut Mr. Carlisle would go on using the gold reserve until it Is much further reduced und rely upon congress in extra session to relieve the situation. Will Bend the Cadets to the Fair. WASHINGTON , D. C , , Juno 5. The War de partment has decided to scud the entire corps of cadets from West Point to Chicago in the middle of August , so that the regular army will have a creditable thoutrh small representation at the World's fair , notwith standing the failure of the effort to secure a grand military encampment thcro. Movement ! of Ocean Stonmnrs dune 3. At Southampton Arrived Travo , from New York. At Philadelphia Arrlved-Lord Cllvo , from Liverpool. At Qucenstown Arrived Lord Gough , from Philadelphia. At Naples Arrived Wessor , from Now York. At Boston Arrived Bothnia , from Liver pool , At Baltimore Arrived Welmer , from Brcmor. At New York Arrived Berlin , from Southampton ; Spain , from London. At Movillo Sighted Yccndam , from New York. At Brcmerlmven Sighted New York and D'Amstadt , from Baltimore ; Chicago from Now York ) Chester from New York. Illew up a Newspaper Ofllco. ST.TXJUIS , Mo. , JunoO. A dispatch from CatlottsburejKy. , says : Great excitement exists In Breathltt county over the blowing up by dynamite of the Hustler office by un known parties last night about 11 o'clock. The Hustler is a weekly pafor [ edited by Rov. J. J , Dickey. The entire structure woa wrecked. The Hustler was the sole cause ol the local option law which was recently passed in that county. I'ormcr Oinulm Man Killed. DBNVEH , Colo. , Ju.neB. [ Special Tolegrart to Tun BEB.I P. J. McGouflh w s crushed to death by an eleotrio car tonight. Hi came here omo time ago from Omaha , when ft" _ jJu his wife , from whom ho was divorced there , Ii now living. Ho was n cattle buyer for Cudahy while in Nebraska. Since coming to Denver ho has been engaged in extensive sidewalk contracts. nxA TW.\.I L in-.i- Cnnndlnn nnd United Ntntm Hnilneo Men .Meet Together nl St. 1'Hiil. ST. PAVI. , Juno G. This afternoon lion. P. II. Keller called the second International reciprocity convention to order here , with between SOO nnd 400 delegates present. As many moro are expected by tomorrow. Promoters of the convention seek to avoid the appearance any political bias in the deliberations , the object being purely commercial. The call for the conven tion recites the advantage of reciprocity with Canada for both countries' material development , nnd mutual advantages to bo derived from a deep waterway to the ocean from Lake Superior to tidewater. The big auditorium has been covered with flags nnd bunting for the occasion , United States and Canadian banners being inter twined. The mam lloor was given over to the delegates , the rest of the hall being thrown open to the public. On the lloor , when nt 2 o'clock the convention was called to order , wcro delegates from fourteen towns in Minnesota , two In Wis consin , six in North Dakota , two In South Dakota , three in Washington and from four towns In Canada , Chicago , 111. , Indianapolis. lud. , and St. Louis , Mo. , while n couple of hundred other delegates nro on the way to the city. Hon. P.iH. Kelly , the well known demo cratic leader , called the convention to order. A brief welcoming address was delivered by Mayor F. P. Wright , ox-Uovernor Andrew P. Burke of North Dakota also being intro duced and speaking briefly of the objects of the convention. Hon. James Fisher , tnembor of Parliament , of Winnlreg , was introduced and did what ho called "breaking the Ico" in opening iho convention , giving utterance to what is con sidered the key-note of the conven tion. During the course of his re marks ho aald : "We como as bus iness men to talk this matter over. Wo de sire a treaty which , besides natural products , will Include a great many mantifactutcs , and wo fcol that wo should include some of your staples that are most in demand in Canada , and yet not discriminateugainut our mother country. " Mayor William Henry Eustlcc of Minne apolis was chosen temporary chairman. The temporary chairman appointed a committee of twenty-six on resolutions. Colonel J. II. Davidson of St. Paul sub mitted resolutions for the appointment of a committee of ten to prosecute the work of the convention after adjournment by newspaper and other articles , and by bring ing the matter before the proper author ities of both governments , nnd the resolu tions were referred to the proper committee. Tonight an informal reception was ten dered the delegates by the Commercial club. KAiSAt MIXUKS. Thurid.iy the Time Dculdod oil When Flnnl Action Will Iu Taken. OSAOE CITV , Kan. , June 5. The minors of this city nnd Potcrton , two of the principal mining camps in this county , heard nn ad dress by M. Ij. Walters , president of the Miners union. Saturday night. No action was taken by the men nt the time , but in structions were given that each shaft should decide for itself whether or not to join the strike und report to the delegates Thursday. Though the Carbon company had posted notices for all the shafts to work to day , the men in Nos. 23 and ' 25 failed to respond and these will bo abandoned until affairs are settled. Thcro is no question as to what action will bo taken by the delegates when they meet Thursday , as fully four-fifths of the miners are In for the strike. It will throw fully 2,000 men out of employment. The superintendent of iho mines at this place has been using every effort to induce the men not to strike and is not ovcrsanguino tnat the mines will be opened again at tills point untirSeptember if they are once shut down. Wimt tlio ll'lxhmen to Co Out. PiTTsnt'iio , Kan , Juno 5. T. B. McGregor , editor of the Miner's Echo , the official organ of the strikers , returned from Rich Hill , Mo. , today with the information that the miners there wcro in favor of going out im mediately. As fast as the strikers hero hear the news they are correspondingly happy. A meeting of miners was held at Weir City this morning , and it was decided to appoint a committee to visit the Strip pits and once more an ! < the men to stop work. Trouble may follow , as the Strip pit men are armed. The surfacing gang of the Kansas City , Pittsburg & Gulf railroad , which is entcriiiK this city , were all discharged today and colored workmen will take their places. This was done by a now boss named Johnson who gave as his reason for so doing that b was afraid that white men would strike in sympathy with the miners. Delegates rep resenting thn miners visited all the colored people as soon as apprised of the uiovo on the part of the now boss , and ns a result , It is impossible to got a colored workman. MOKTOX WAS XUT I'LKAHKl ) , Secretary of ARrlculturo Think * Nebraska's Pair Ilxlilliit Quito Poor. CHICAGO , 111. , Juno 5. [ Special Telegram to Tun Bcr. . ] Secretary of Agriculture J. Sterling Morton and M. A. Mclatyro of Seward , Neb , , were early afternoon callers al the Nebraska building. After inscribing his name in the visitors register and paying his respects to Commissioners Garncau and Moblcy , the man who carries Cleveland's pumpkin portfolio made a critical inspection of the state building nnd In a tour of the grounds took a cursory view of the various exhibits. To a group of Nebraska people ho is said to have commented in exceedingly dispara ging terms upon the state's showing at the fair. Ono of the party called the secretary's attention to the proposition thut the Ne braska commission was in no manner re sponsible If it had not excelled the displays of sister commonwealth ! ) . If the legislature had not appropriated a sum sufficient for the purpose , this gentleman suggested , the com missioners era not to bo blamed. The sec retary was compelled to agree with him on that point , after a free discussion. Ex-Governor Furnas and ox-Governor James 10. Boyd , Mrs. 11. U. Boyd and Miss Boyu headed n largo party who came today in advance of the crowd who will attend the Nebraska celebration Thursday. Among othorOmuha people who came to day wcro : Assistant Postmaster James Woodward , Mrs. Mathowson , E. F. Webb , Frank Smith , II. A. Snow. R. J. Johnson , M , E. Carson , Margaret Doollttlo , Mrs , George B. Ayrcs , Mrs. P. S. Sanck , Mr. and Mrs. L , C. Douol , W. II. Mcpgulcr and J , H. Lion- berger. Governor Crounso , Senator Allen and Congressman Bryan are expected to morrow evening. Iterelt of Itraion , NEDIUSKA CITV , Neb , , June 5 , [ Special Telegram to TUB Br.c. ] An epidemic of in- lanlty aeons to have struck Otoo county , Throe cases have been before the commis sioners of insanity within two weeks. The last unfortunate was Mrs. T , 1C. Wooster , \\\\o \ \ was examined loduy. Application hav ing been made for three from Otoo county , the lust case must go over. The last case is particularly sad , The husband is a promi nent Grand Army of the Republic man , Mrs , Wooster is subject to melancholy and a few weeks treatment will probably restore her reason. _ Horrible Ueatli of a Conductor. CBBSTON , la. , Juno 5. [ Special Telegram to TUB BEB. ] Conductor D. D , Smith , a Burlington conductor employed on the mid dle Iowa division , mot a frightful death this mornlug , While his train was running down Frederick hill ho started to go from the caboose to the engine. Ho was without a laulcru , and while poipg from one car tc another fell between the cars and was cut tc piece * . His homo Is ut Ottumwa , whore IK bat a family. DESPERATE BANDITS FOILED Arkansas Citizens Prove too Much foi Bank Robbers , NERVE OF A GIRL SAVES THE TREASURE Under Cover of n AVInclieMrr Sim Atsliti the Cnnliler to Klmlo ltd Cnptor * l'r < iml < cumti rirliijt Itc- lutts rut nil- . SrmNFicti ] > , Mo. , Junoii. A'sptclal to the Democrat from Bcntonville , Ark. , says : A murderous gang of six desperadoes robbed the Peonlo's ImnU of $10,000 this afternoon. During the raid the cashier nnil two farmers were \voutulcd on the ore Bide , wid two ot the robbers kilted on tlio other. Noneof the Injuries received by the citizens will prove fatal. The bravery displayed by n young lady led to the alarm being given and will proba bly land the bandits in the penitentiary. ' 'fl The members of the gang numbered six VJ | and wcro from Indian Territory , and were armed with Winchesters. They reached the town at 2:30 : o'clock this afternoon. Four of the robbers rode four llcot horses , whlla the other two drove In a buggy. The horses and buggy were loft in the ro.\r of tlio Sun ofllco In the charge of ono man , while the others marched single lllo in front of the oftlcc , one-half block north to the Peoples bank , which they entered and covered Presi dent A. W. Dlnsnioro , Vlco President I. H. Hall , Cashier J. G. McAndrews and Assist ant Cashier Jackson with Winchesters. Ono of the four made Cashier McAndrows dump the contents ot the safe into sacks brought for the purpose , putting the gold and currency into ono and the silver in an other. After securing the booty they made the onicials march in front of thorn ns they started for their horses , forcing Mr. Jackson to carry the sack of silver , containing over $1,000. Saved by n GliTu C'ourngn. In passing thn Sun newspaper ofllco Miss Maggie Wood of the Sun force , had the bravely and presence of mind to rush to the door and open it , permitting Mr. Jackson to enter with his suck of silver. She then immediately closed and locked the door. One robber raised his Winchester , but the young woman was too quick for him , and , thinking Mr. Jackson would run. through the ofllce , the bandit ran to tha rear of the building , expecting to meet him there. Palling in this , he lirod his gun anu ran to his horse. During all this tlnio the robbers kept up ( V constant firing , covering the two main streets. The citizens soon rallied and shoot ing been ma general. The robbers mounted their lorst | > s solng west , closely followed by Sheriff Gnlbvaitli and posse. Assistant Cashier Jackson was shot in the head , back of the right ear , and also in the lofi elbow. Ills wounds are not serious. Taylor Stone , a farmer , procured a , shot gun and fircct two shots at the retreating robbers , but was immediately shot down , the ball passing through his loft groin and hip. Tom Baker , a farmer , was shot in the chin. Tot Woolscy , a drayman , secreted him self in a lumber pile and pumped a Win chester into the bandits. Ills shots got two men , who reeled from their horses and fel to the ground. They were carried back to Bcntonville , but were not Identified. Sheriff Galbraith of Bontonvillo and Marshal J. J. Barnett ot Rogers , six miles distant , are in hot pursuit ot the robbers with two largo posses. It is believed that they will soon overhaul them , The last word received from them caino by telephone , which said that the sheriff and his posse were within half n milo of the fleeing ban dits. XKH'fi lfOli THE AKSir , Clmniroi 111 the lloculnr Service us Au- nouncc'd YosUirdny. WASHINGTON , D. C. , Juno fi. [ Special Tol- cgram to I'liis DEB. ! The { allowing army orders were issued today : Major Henry M. Adams , corps of en- gmeers , Is detailed ns a member of the Hslit house b-iard. vice Colonel George II. Elliott , corps of engineers , who at his own request is hereby relieved us a member of the board. First .Lieutenant Charles B. Vo dcs , First Infantry , is detailed ns professor of military science In tactics at the State university at Iowa City , to take effect July 1,1803 , to ro- llovo First Lieutenant George W. Read , Filth cavalry , who , on Doing thu relieved , will proceed to Join hi troop. Major John Van H. Hoff , surgeon , .is de tailed as a member of the hoard of medical oflleors appointed to tneot at West Point. N , Y. , for the physical examination of cadets at the United .States Military academy and candidates for admission thereto , vieo Brig adier General George M. Stornberg , surgeon general , late lieutenant colonel and deputy Surgeon general. Major Hoff will proceed at OUCH to West Point. The following transfers in the First cavalry uro made : Captain Fnuier A. Bontelll , from troop 1C to troop L ; Captain Thomas T. ICiiox , from troop L to troop 1C. Leave of absence for two months to take effect on or about August IB , 189H , Is granted Captain Argalua G. Hennisoy , Eighth cavalry. , . Paragraph 10 of special orders No. 120 , May t7 ! , IbUi , from this oftlce relating to Major John Brooke , surgeon , is revoked. Leave of absence for twenty-one days , to take effect on or about Juno 15 , 18'J3 , is granted Captain Lewis T. Tesson , assistant surgeon , , , I cave of absence for four months , to take effect on or about September 1 , 1893 , and with the approval of the secretary of war. permission to go beyond the sea , is granted First Lieutenant Henry II. Bcnham , in Boo- end infantry. . . . Leave of absence for three months , to take effect on or about July 10,1SV3 , is granted Colonel Henry O. MordUm , Seventh Infan try , May 10 , 18Ut : , Department of the Plane , is extended twenty days. Leave of absence granted Lieutenant Col onel Peter C , Mains , corps of engineer * , * April ! ! 4 , is extended twenty days. IlroUo u Hvu Vulro , ICopi/rJi/McJ / IS03 I'll Jamtt iJontan llennelt. } GENOA , Juno 0. fNow Vorlt Herald Cablf Special to TUB BEE.J The German Lloyd toamcr Kaiser Wlllielra's sinking wai caused bv the breaking of a valve in the cen trifugal pump. The water rushed la with preat force. The damage to the veisel will bo Inconsiderable. Noiv York Kxrliunc * Quotntloui. NEW YoiiK.Iuue 5. ( Special to Too BB . ] Exchange WJB quoted as follows ; Chicago , OOc discount ; Boston , 17o to 25c dltcouat ; Et. Louis , 2.r.e to Wo discount.