Nebraska Newspapers

    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&ltlvo 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.