Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 6, 1893)
- iyjj * * ' TUB OMAHA DAILY BEE/ ; TUESDAY , JUNE 0 , 1B03. MR , MOS' ' GOOD CHARACTER Moro Light Shod on It for the Benefit of the City Council. TWO SIDES TO THE STORY-ARE PLAIN Tell Tlilnsr * H > t n ° Not Ucflpct Much Crrdlt on the Accunril Parties Kluxly Trnntnctlon * Illutfld nt by Several. The Investigation of the charges preferred against C. V. Mos , the newly appointed clerk nt the police court , was completed last night. The testimony developed nothing new or startling and was In line with that adduced at the first meeting of the com mittee. C. A. Patterson had known Mos for six or seven years , and first mot him In the ofilco of the Nebraska and Iowa Insurance com pany , when ho > was nt the note desk. It was stated that Mos had trouble In the ofllco over the check entry. Ho had given the company a mortgage for $100 , and wit ness understood that It was to covur a shortage - ago In his accounts with the company. Pat terson did not remember whether Mos con tinued In Iho employ of the company after giving the morteago. The witness thought L. B. Williams could give Information on the subject. In reply to a question from Mr. Mos , Pat tcrson said that all ho knew of the trans action was from hcrcsay. Bernard Illloy , of Ulloy Bros. , said Mos had been employed by the firm and had charge of the books and cash. There was deficits In the sales on three days , amount ing to S10.7.5 the first day , fc'J.Co the second and $1.00 on the third. Ho watched Mos , made the discovery of the shortage , and Mos was discharged. Witness had not known of false entries. Ho had talked with Mos about selling hU Interest to his brother and witness had told Mos to close the deal , as ho was III and unable to attend to it. Mos had stated that the wit- ness' brothers wcro attempting to do him up on the deal. About u Cnnh Item , Michael Corcoran , who succeeded Mos as bookkeeper for Hiloy Bros. , was thiro the day Mos had left the employ of the firm. On that occasion an Item ot 823 was taken from the rash drawer by Andy Klley , who said ho had placed it , in the safe. Mos proved In blaclrnnd white that Uiloy had not placed the money In the safe , as tbcro was not that much there. Ho had charge of the cash drawer and It was the practice for members of the nrm to take money and charge It as expenses in some cases and In others no charge was made. Witness told of a trans action by which ho said ho was asked by Andrew Klley to make n false entry In the books with the intention of defrauding Ber nard Klloy , a member of the firm. Corcoran refused and left the employ of the linn yes terday morning. F. W. Simpson had been acquainted with Mos six or seven years in a business way and had always found him honest and truthful. J. M. Miller , woighnuistcr nt the Omaha elevator , and : i neighbor , testified as to Mr. Mos' good character , and in business Had always found him honorable and honest. Nathan Stevens , a real cstato dealer , had known Mos for slxyerrsina business and social way and had always found him straightforward and upright. J.V. . Atkinson had known Mos for three years in a business way and testified as tc his good character. j. , . Ills Own Version. Mr. Mos explained how ho came to give the 8100 mortgage to the Nebraska and lowe Insurance company. He was employed bj Hurt for the company In December , 18SO , am continued In the service until about the Isl of Juno the year following. His salary was llxod at * T5 the first month. Before tin month had expired ho received a proposltlot from C. E. Mayno to enter his employ ut . " Balary of &J.OOO nor year. Ho told HaVt o : this fact and Hart agreed to pay him a salary of $100 per month and an add ! tlonnl $200 quarterly. Ho succeedec the brother of Mr. Patterson whc bad testified as to the mortgage , ant since that tlmo bitter feeling ha < existed between them. Ho was in chat-go o : the books and collections ami no restraint ! wcro Imposed by Hart. No objection wa ; raised to his overdrawing his account , whicl ho did to the extent of 8173. Hart had soU him a horse and buggy for $175 on tlmo About this time ho was called into Hart' ! ofllco and requested to prepare doctorei sworn statements of the condition of tin concern ono for the public1 , another for tin stockholders and the third for tin Ill use of the manager. This ho refused 'I' fused to do , and then commenced i series of persecutions. Hart denied tin 'I'M agreement whereby ho. was to receive th" M t 00 quarterly. Ho was almost a stranger litho tt < the city , with no friends to stand by him am oppose such u powerful adversary as Hart and ho was forced to glvo the $400 mortgag to. sccuro the payment of the $175 ho hui overdrawn and for the horse and buggy. H remained In the employ of the company few days and then loft. Later the mortgag and note were returned to him by th management succeeding Hart , and ho dii not pay a cent upon It and hai never been requested to. Mos said ho hui refused to assist In tbo work of dofraudln ; tind that was why hovas persecuted as h was. Ho produced the original note am mortgage and his dairy showing the amount hg received from the company and what h was entitled to. When asked regarding the statement made by Bernard Klloy , Mos said he was nc in the store much of the tlmo o the thrco days mentioned , but wa dut'lookiui ; after collections. ' Ho was then permitted to address the con mlttee In his own behalf. He referred to th fact that not ono of C. M. Schneider's forme partners were present to subst.mtlato hi statements. Ho said ho had always bee lioncst and honorable , and It was bocau : ho hud refused to assist In slmdy Iran actions that ho was persecuted in this mai nor. nor.Tho committee will meet this afternoon i 3 o'clock to roach an agreement and propat its roport. i ' * ASIUSKMHfiTlt. "Said Pasha" was the magnet that drew good sized audience to the Fnrnam Strci theUerast ; ! nlglt | , The announcement th : the Calhoun Opo'ra company was to bo hci and present Stahl's rollicking , musical pr duetion was sufficient to bring 01 enough of Omaha's theater goers to coi : fortably fill tbo house , and all these wl attended enjoyed themselves most the ouchly , The cast Is nn excellent ono. and each ar evecy person in It Is thorrughly versed In her or her part , so that the opera goes without a slnglo hitch or error , und i the end thu auitloneo leaves unln tatrd by that disagreeable feelli that follows a performance maw by "bad breaks" duo to a deficient know edge of lines or "business.11 In u word , tli presentation of "Said Pasha" by the Cu houn company Is as nearly perfect us pa slblo. A i-eront valuable acquisition is Mi Carrie God troy , as Alt ! , which part wi originally created for her. Miss Godfn has a wonderful volco in compass ar timbre , and the ole parts re dorcd by her last night we enthusiastically received. Miss Mlllard ; Serena is sweet and charming , and Ml r'vHijrtloy , with her entirely unpleasant pai 3s lialnh Hojab , is entitled to moro than little credit for her work. Messrs. Fill and Calhoun , who da the parti of Hadad ni Nooky , are funny , and the word "funny" this connection means that they produ laughter , and laughter ad. lib. The chor Is excellent and well trained. "Said Pasha" will appear this and toim row evenings , with a matlneo tomorrow ov Ing , giving plaoa Thursday evening to "Fa Inltz4 , " which will also be nlvon. at Satu day's umtluco , "Said Pasba"Js well wor euing , Ho Uu * Not ModltUil hi * 1'ollcy , , ROMS , June 5. The journals rocognlied Mgaos of tha Vatican concur iu denying- tno pops ha modified tu scholastic poll heretofore enunciated In regard to tha United States. . EtiitovTi : 10 cmcvioo , Kntnlln Hid * Aillmi tn Nnw York mid tcnve for the World'4 r.ilr. NBW VOIIK , Juno B. The Spanish princess and suite left this njornlng for Chicago. The party was escorted from the hotel to the ferry by a battalion of the United States signal corps , Mayor Gllroy and the reception committee. A special steamer convoyed them to Jersey City , where they took a spe cial train on the Pennsylvania road. At.TOON\Pa. , Juno 5. The train arrived nt Harrlsburg at 5 o'clock. While engines were being changed , a crowd of several hun dred people surrounded the train and cheered for the Infanta until she appeared nt the window. She leaned out , bowing and stnlllm ; at the people , while they cheered her. Just before the train started she ap peared on the rear platform and there was renewed cheering. When she expressed a desire for Spanish cigarettes , she was told that some would bo ordered at once and put on the train at the next stopping placo. At Harrliburg , the Spanish cigarettes were ready for her and she smoked several of them with unfeigned pleasure. Ono of the most wide nwako members of the princess' party Is the colored boyAlmaro Sargasso , who was discovered on board the Spanish man-of-war Infanta Isabella , when It sailed with the Infanta from Havana , Cuba , and whom the Infanta has adopted as n servant. At Now York ho was fitted out with a uniform of blue with brass buttons and n cap bearing her coat of arms. When asked how long ho will remain with the princess Almaro said : "Until I die. " As the train entered the mountains the infanta expressed n desire to rldo on the locomotive. The engineer was notified , and preparations were quickly made to give the princess a new experience. At Mount Union , eighty-six miles west of Hnrrlsburg , the princess , with the nrlnco. Commander Davis and Mr. Parko. climbed up Into the cab and stood on the loft side. The prince stood close by her side. Engineer Filling- ton touched the throttle , and old 1.370 started off. Faster and faster How the train. The fireman's arm moved and the whistle shrieked three times as it rattled past a town. Then something loomed up ahead and a train going at full speed In the opposite direction passed. The princess ducked her head and put up ono hand to cover ono ear , while she clung still tighter to the arm of the prince with the other. The train was doing better than a mile a minute. The princess held on and seemed to enjoy the sensation. At Huntingdon the train was stopped and the princess climbed clown , after having rid den twelve miles in tweivo minutes. When this excitement was over dinner was served , for It was 7 o'clock. The train arrived at Altoona at 3 p. in , A stop of five minutes was made to change engines , and then the train went on. o FOB THE FUNERAL. Firemen Preparing to IJury Their Dead Drnthern. A meeting of the Benevolent Association of Paid Firemen of Omaha wns held yester day afternoon at Chief Galligan's office. The meeting was for the ourposo of making arrangements to attend the funeral services of the late members of the force , Captain Cox and PlpomanOuray. Committees were named as follows : On resolutions Beard , Miller and Loom is ; ar rangements Lank , Dempsey and Williams ; to wait upon the management of the Farnam Street thcatro regarding the proposed benefit Barnes and O'Noil. A floral offering from Postmaster Clarkson was received and accepted with u vote of thanks. The death benefit of 5400 in each case was ordered paid. An invitation was extended to the tSouth Omaha and Council Bluffs departments , the DUratit company and the Veteran Firemen's association toattcnd the funerals. - Chief Gnlligan xvill make a detail of mem bers of the department to attend. Iho funeral of Captain Cox will take place this afternoon at 15 o'clock from 500 South Thirty-fifth street. The remains will bo buried at Council Bluffs. The hour for the burial of Pipcman Ouray has not been decided upon. Members of the family uro expected to arrive from Chicago this morning. The tlmo of the funeral will then bo made known. Services will be hold at D13 North Fourteenth street and the In terment take place at ForoLawn. JiOUTll IS SfMII'lif SIXKIXO. Nd Very JHnrkod Clmn o la the Great Actor's Condition. Nnw YoitK , Juno 5. [ 11.45 p. m. ] While there has been no very marked change in Booth's condition , it must bo admitted that ho is slowly failing. Xsti , 1'A.nA.aK.ivua. Ex-Senator ( V. S. Paddock is in the city. Bishop Worthington has gone to New York. W. F. Bechel and L. A. Garner left foi Chicago last evening. C G. H. Kastman loft yesterday for Chicago cage to attend thu opening of the Nebraska bulldinir. Mrs , Elta Mathcson , who holds a position sition In the Omaha postofllco , Is spending a couple of weeks at the World's fair. Miss Emma Monzingo , clerk of the Boarc of Education , has returned from a week's visit to her former homo In Coin , la. A. B. Davenport , formerly chief clerk ol the Mlllard and now manager of the Unior Pacific hotel at Abilene , Kan. , Is at the Murray. 3 t Dr. William II. Ilanchott returned yester rt day from the world's congress of medicine s He reports a largo attendance of foreict doctors and many from Nebraska and the i- west. e At the Mercer : H. P. Johnson , Daven r port ; Arthur Dole , L. C. Parker , Beatrice ; s C. O. Shutnw.iy , Lyons ; W. P. Houshaw n and wife.Lincoln ; . S. Lewis , Columbus o M. G. Grebe , uincoln ; WiilHarn U. Whltu iChlcapo ; F. H. dough , Dartlct , Nob. ; J tKlsncr , K. 1C. Butler , Chicago ; George Lewis Now York ; J. C. Mason. Aurora , 111. ; Ed it Kar Smith , Chicago ; C. H. Burtlott , Musca o tine. H'J2J.T11EII t'OUKO.lST. rn I r uiiil Wnrmor , with Variable Wlmlg , fo Ncl > ru ku. u lt WASIIIXQTOX , D. C , , Juno 5. Forecasts felt lt Tuesday ; For Nebraska and the Dalcotas- Palr ; warmer ; variable winds. For Iowa Fair ; warmer , West to nortl WERE NOT LIABLE STixtrrt ) riuiM rmsT rAnn. ] strained to reverse tholr rulluif and place a different construction upon the net. Their \Voril Kionorntra Thorn. "It is In evidence that no Itemized account of tholr expenses was over illed with the board or submitted to the legislature , but each of the respondents and the warden tes tify that the money was all expended for traveling expenses and other necessary costs of the trip , nna that in addition to the tT 00 used for that purpose each expended from 115 to10 of his private funds. According to tholr testi mony , they were absent about two weeks ; that the three respondents had free trans portation from Lincoln to St. Louis and from Chicago to Llnioln and that the warden rode on n pass from Chicago to Lincoln. Wo are on thl& evidence Mono nskod to find that tholr legitimate oxpcnscs were less than $500 , nnd draw the Inference that they con verted n part of that amount In other words that they are guilty of embezzlement. It should bo remembered In thu first place that this Is a criminal prosecution , and wo nro not to enter upon the field of conjecture In search of a theory upon which the respon dents may bo pronounced truilty. Second , they nro not contradicted by nny evidence whatever ; they were not oven subjected to a cross-examination regarding the Items ox- pcndcd. "Wo must not bo understood as holding that upon nn accounting they may not bo chargeable with n part or nil the $500 in question , but a finding of willful conversion In this case must rest upon suspicion alone , or nt most n mere probability , nnd upon evi dence insufficient to support a verdict in civil action. Sumo on the Clmplalu'j Trip. "Substantially the same reason Is ap plicable to the charge contained In this next specification , viz. . the allowance ot S'OO out of the cell house fund to defray expenses of the chaplain and warden of the peni tentiary ns delegates to the prison congress nt Plttsburg. In our opinion that expenditure was outside of the scope of the authority of the board , and they are liable to the state for the money so advanced. In other words , they annot , ns to that amount , claim Immunity n the ground that their action was in its attire judicial. Such act , however , falls far liort of a misdemeanor In office. They acted rom motives of humanity , without thought r possibility of gain or advantage to thorn- elves , which Is alone a sufficient defense. " Condoned by the I.eclnlnture. Going Into a discussion of the stealing at ho asylum , the Judges find that the state vns shamefully defrauded in the matter of vcrchnrgcs on coal and flour , but that the joard was unable to detect the fr.iud , owing o Its dependence on the superintend ing who was considered a man of strlct- : st probity and honor. Further than this , ho fact that the legislature passed ,1 doll- iloncy appropriation to make up the deficit aused by these overcharges amounted to an endorsement by that body of the bills as eudered to and passed upon by the Board > f Public Lands aim Buildings , and there- ore acts ns complete exoneration of the members of the board In this connection. In conclusion , the judges cite the lack of precedent , and go on to say that impoach- nent is less and less sought as n remedy for , ho acts charged ncaiust the respondents. England furnishes the only precedents , and n that country the use of impeachment has alien into such disuse as to be almost obso- ete. JUDGE MAXWEII < DISSENTS. Opinion of tha Chief Jiuttlca Suktalnluff His Decision of Conviction. LINCOLN , Neb. , June 5. [ Special Telegram to TIIE BBE. | Besides dissenting to the Indlngs of Judges Post and Norval , Chief Justice Maxwell filed an opinion of his own n winch ho hold as follows : "That there were frauds in flour contracts .here is no doubt , but the extent of such 'rauds it is difficult to aotormino. Thus in January and B ebruary , 1S92 , the flour wai weighed , It is claimed , and the only record preserved was the stubs of weigh checks , and they are lost. There is also proof that the drayman was in the habit of leaving a number of sacks of flour at a designated place on the way to the asylum. The charges under this head are fully sustained. "It appears that while Dorgan was pos sessed of the money in question ho , at the request of the respondents , paid to Hopkins ? 200 to enable him and Elder Howe to visit the prison congress at Pittsburg , Pa. Soon afterward the board received from him $ T > 00 of the money belonging to the state to cnablo them to cheese the best cells. This was charged to the cell house fund. These appropriations are justified upon the ground that the state would bo benefited thereby and that therefore it was n proper expendi ture. Section 22 , article ill ot the constitu tion , provides : 'No allowance shall be made for the incidental expenses of any state officer , except the same bo made by general appropriation and on account specifying each item. No money shall be drawn from the treasury except In pursu ance of a specific appropriation , made for any purpose , or taken from any fund whatever , cither by joint or separate resolution. The auditor shall within sixty days after the ad journment of each session of the legislature prepare and publish a full statement of all moneys expended. At such session , specify ing the amount of each Item and to whom and for what paid.1 Plain Law. "This provision declares that no money shall be drawn from the treasury except In pursuance of a specific appropriation made by law , and on presentation of a warrant issued by the auditor thoroon. The leglshv ture makes appropriations. It is for it , coni' posed as It is of the representatives of the people , to say what is for the interest of the state , and to require the oxuendlturo ol money. Unless it grants the author ity there is nono. If an ofllcor 01 a number of them cun take $1 without an appropriation , and bo Justified in doing so , ho or they may take all that there is m the treasury , if In their view the state will be benefited thereby. Money taken without an apuroprlatloti Is taken not only without law but In defiance of it , and If the principle Is once established , It would load to gross frauds and peculations. As Applied to IJunlnosi. "Suppose trustees having the care of property orty and receiving the rents and profit ! should desire to visit distant points to enable them to administer the cstato with wlsdorc and prudence and thereby benefit it. Could they charge this expense upon the owner 01 beneficiaries without their consent , lawful ! ) expressed ! No more can they do so in thli Instance. The state , through Its legislature must give Us assent to oxpcndituro. Other \visc the party must pay It out of hi ; own pocket. No voucher was filed with any officer showing the amount ex pcndcd ; nor any attempt to comply with tin liny. In addition to this , the cell house if not ready for the cells oven now. Therefore there Is no emergency. But under no viev of the case can the expenditure bo Justified and the fact that In ono or two previous in stances such oxpnndituresvero made which do not seem to have been known , bu tends to show the lax methods that seem ti have prevailed with the board Tvhorover thi expenditure at money was concerned , Somo'1'eculUr Fucti. "It ilso appears that the legislature madi an appropriation of $1,000 for the traveling ex peuses of the board. It Is true Mr , Allot testifies that $500 of this sum had been ox ponded. He also testifies that all the mem bers had passes , so their rallroai fare was nothing. So far as hi stated , the visits to the various state in stitutlons by the board , the expenditure should not have exceeded $100 , and proba bly did not. It the board Jcsirod to trave ou official business , it would seem that thi : was the fund for that purpose , "It appears alia that Dorgan used $334 t < reset the boilers in the prison , a charg which properly belonged to Moaner , am should have been paid by him. ' 'lu addition to the ordinary provisions li appropriation bills , that of 18U1 containei the following : " 'Section 0. Each state officer anil eacl board entitled to draw against the appfo priation provided for in this act shall kee ] an itemized account of all expenditure made by them , and report the same witl vouchers to the franco committee of ttv next logUlature , and no ofllccr of any Instl tutiou and no state officer shall Incu/-an ; Indebtedness twjroud th amount appro printed In this bill except to1 proven ! dis aster , ' "Tho testimony shown 'thnt the resiwnd- ents inndo no nttompt Jo comply with these provisions. The charges'w6ro fully sustained. Clrnm TrAiiiH Worn C'oinmlttnil. "Tho testimony temlfl show that gross frauds wcro committed In the delivery of coal nt the Lincoln Asylum for the Insnnn. The respondents claim to have been Ignorant of these frauds until nbotit'Soptombor , 1893. It nppenrs that from the 1st day of October , 1800 , to the 2th ( ) day of march. 1801 , the Whltobronst Coal and Llmo company furnished coal for the nsylum and was allowed therefore thu sum of $11- 651.5) . ' ) . To cover this claim nn appropriation of $12.000 , or so mucluthcroof as might bo necessary , was made , nnd the claim was cer tified to the auditor by the respondents. The coal was alleged to hnvc boon de livered on the bars nt Asylum switch , but the number nnd initials of the cars on which 11 was alleged the coal was delivered nro not given In n single In- stnnco. Dr. Knapp testified In effect that lip did not bollovo the amount pf coal charged had boon delivered. His bookkeeper testified to substantially the same facts. Neither of them , however , communicated tholr suspicions to the respondents. Knapp afterward ap proved the vouchers nnd they were approved by the respondents nnd the warrant issued , AVrn Not .tnntlllcntlon. "Tho fact thnt nn appropriation had been made to pny for this coal was not nn ndjudi- elation of thoclnlmns the legislature cannot adjudicate claims. Stnto vs Unbcock , ! W , Nob. . 33. "Tho very largo nmount of eonl'chnrgod , sufficient to have supplied all the asylums of the stnto for the tlmo chnrgod , certainly should hnvo put the respondents upon Inquiry. The reports for coal from other public institutions were before them and unless fraudulent vouchers were sent In from them nlso. which there Is no claim , n comparison should have shown the fraud. No examination was made , howavcr. "Tho respondents " introduced evidence tending to show that last Octouor they sub mitted the whole matter to the grand jury of I nncnstor county , nnd thereby sought to bring the guilty parties to justice. It is but fair , however , to state that Governor Boyd requested thorn to lay the matter before the grand jury , nnd it Is evident that the matter had acquired such publicity it could not bo nvoidod. On this trial they in effect deny the frauds , or tnat If such existed they hud nny notice thereof In nny form , nnd therefore nro not chargeable therewith. They scorn also to exhibit no very friendly sentiments toward the witnesses by whom these frauds were proved , nnd certainly no disposition to aid in procuring proof of the same. No KYCUAO for Thorn Iloro. "Some reliance is placed on iho approval of the asylum officers by the governor In his message of January , 181)1. ) This , no doubt , is entitled to considerable weight , but it could not In any manner excuse the respondents from the exercise of reasonable care In the examination of the asylum vouchers. In addition to this the land com missioner i in December , IS'JO , in his report to the governor which Is in evidence , says ( page 80) ) : 'Under the existing system of furnishing supplies the appropriation funds are too frequently used In keeping with thnt conception of charity which declares that it "hldoth a multitude of sins. " Items for luxuries , privileges and conveniences that arc alone enjoyed by the officials and their friends are too often cloaked in n claim for'"board and clothing , fuel and lights , " or some fane of the other necessary funds appropriated for mainte nance of the institution. ' That Overwork ,1'lea. , "It is contended by , - respondents that the business in their respective offices has so increased that it is' impossible to give at tention to many of the dftails of business ; hat como before thoni and that they are ; horoforo excusable. It is true there Is a large amount of business- each of the of fices named. This is a1 largo nnd growing state , nnd business in all departments is constantly increasing : " In the office of the land commissioner , however , there are ten clerks and one deputyJ ; which , with the principal , makes twelve persons. In the ofllco of the secretary , of state one deputy and two ' * clerks , four per sons in nil. In rthe attorney gen eral's office , ono deputy and stenog rapher. If these officers need additional assistance , if they will present their claim to the legislature through the governor , no doubt the aesircd increase would be granted. These facts must bo known to the respond ents , and as no such application was made , it must bo because it was not considered necessary. The business of the state , how ever , must bo conducted in a reasonably prudent anil careful manner , otherwise the result would bo chaos. Suppose a merchant or business man should urge the want of time to look after his business , and there fore neglect It , the result would bo uncer tain. No defense of this kind can bo enter tained. How They nro Responsible. "Are those acts grounds for Impeachment ? 'All civil officers of this state shall bo liable to impeachment for any misdemeanor In office , ' It may bo well to inquire , first , what are the duties of public officers ? Each ono. before entering upon his duties , is required to take an oath that ho will 'faithfully and Impartially perform the duties of his offlco according to the law and the best of his abil ity. ' An officer Is bound to exercise ordinary earo , such care as an ordi narily prudent man would cxorclso in the management of his own affairs. The respondents nro to quite an extent trustees. The claim that there was no wilfull disre gard of law In the penitentiary cell house matter , is clearly shown to be unfounded. The respondents' duty to tne state was In the first instance to appoint a capable , effi cient superintendent , who would protect the rights of the state ; see that the state re ceived as fair treatment as Other contractors iti the employment of convicts and purchase of materials , and to exercise a general supervision over the work ; to permit no money to bo drawn except on original vouchers of the persons primarily entitled to the money or their assignees. "In all these respects there was n failure to discharge their duty. The claim that they knew nothing about Dorgan is entitled to no weight whatever. They did know that ho represented the party who could and probably would profit uy his being superin tendent. Indeed , the argument that they were able to biro him cheaper than n disin terested party is nn admission of his unfitness - ness , as it shows that ho was drawing full pay for his services fromMoshcrat the same timo. In addition to these facts each allow ance of an estimate without a voucher was a violation of u duty by the respondents , by which they wrongfully and willfully per mitted Dorgan to draw money from the treasury. Not Kntltlod to Exemption. "It Is said the respondents acted judicially in approving accounts , and therefore are not liable for their acts. Th6 able attorneys for the respondents made no.'claim of this kind , and therefore it Is evident they did not rely upon it. If , in approving t/ccounts / , they act Judicially , in order to protect them there are three things which mij3 ( concur. First , the claim must bo ono they nro authorized to audit ; second , It must"bo' presented in the form of a bill or voucher' 'showing the debt and what it Is for , otherwise the board would bo llko a judge passing upon a matter not before him , suchiiura'niattcr not put in issue , nnd , third , the statute makes it their duty to investigate' J every claim. The protection naccorded to n judcro against a > t-private action docs not apply when ho Is on trial under a specific chat-go of Imperrclirncnt. Even a judge of this court cbufd' not plead pro tection against suchi charge. In such case his conduct nnd general jnnnucr of conduct ing his business may be inquired into , and 11 he Is found guilty of iTflftconauct , on any ol the charges , he may bo declared guilty , But no Judicial officer is protected when 'ho ex ceeds his authority , and these respondents very clearly In all they are charged with acted cither without authority of law or in excess of sucti authority. But in my view , their dutlet are not judicial. In the proper sense thev do not allow accounts. They merely Invest ! gate , or should investigate the vouchers am ] the several items thereof , to see that thoj conform to the contract. In other words the duty of the board is to let contracts In D specified manner and when vouchers an presented under such contracts * , which upor examination are found to bo correct , thej are to certify the same to the auditor. Th < certificate Is not a final order from which at appeal would Ho and Li not a judicial act. They Arc Not Protected. ll'not be seriously contended tha who n wli ently and Improper ! ; a frauduJ&Jt account which it WAI liU duty to Investigate , or who unlawfully draws money from the treasury Is protected from the consequences of his net anil so far as I am nwaro no cao so holds. Proof was Introduced on behalf ot the respondents to show that Dorgan , Knapp and others had Riven bonds to the state , It Is ovldent that none of these bonds will cover the actual loss to the state , and oven If enforced would bo an Inadequate remedy. But the giving of the bond by an ofllcor does not exempt him from the performance ) of his duty , nor rollovo these who superintends his acts , from a faithful supervising of the samo. Tha law Imposes the duty of supervising with 'a reasonable degree ot care.1 It seems to mo the respondents wholly failed In the performance of tholr duties In the cases specified In these charges , \vhoroby the state , during tha ten months that Dorgau was superintendent , lost a largo sum of money , probably not less than $15,000 , and &J31 for resting the boilers , which was not a dabt of tbo state , together with the sums drawn by Hopkins nnd'llowo to go to Pitts- burg and these respondents to go to St. Louis , In all $934. llnil IMrnty ot dinners , "The ovcrpiyments for coal all In sixteen months exceed $13,000. An ordinary prudent man would have required the vouchers to bo In proper form giving the numbers and weights of the several cars. There nro telephones In all the public buildings , so that it would have tnkon but n moment to make the proper Inquiries In re gard to the cqal and protect the Interests of the stats. But so far as the proof nhows such inquiries were not made In a sinclo In stance. A public ofllccr , llko any other ser vant , should bo faithful to his employer , to see that in all matters under bis control the master shall not bo defrauded. In other words , ho shall bo faithful to his trust , not as an eye servant , but In the sight of God. That is in effect the oath that each officer takes to faithfully perform his duty. Our public Institutions should bo conducted on business principles and without fear , favor or favoritism , and no money should bo drawn from the treasury except In strict pur suance of law. Would Produce Mora Evil. "If the court should approve or oven condone - done the conduct of the respondents In these cases the influence of the decision will bo felt In every department of business In the state as tending to weaken the sense of faithfulness of public officers and employes , and In every way provo detrimental to the best Interests of society. There are an abundance of men in the state ivho can and it the opportunity Is given by their selection to the oftlces filled by the respondents , will faithfully look after the In terests of the state and ns the respondents have failed In that regard , the charges are , voll taken and should bo sustained. I there- lore vote guilty as charged. "I fear the result of the decision , If ad hered to. will bo to open a door to the gross est frauds in the public institutions of the state. A number of the witnesses for the state testified if under constraint and there seemed to bo powerful influence affecting some of thorn , aside from the immediate > iends of the respondents at work in their 'avor. The respondents , of course , are not responsible for these influences , but It is my duty to mention them. " nESUMDLES A HEATU. WARUANT. Some Who Bcllevo the Vordlot Will ISo llt'piulliitecl by the Pooplo. LINCOLN. Nob. , Juno 5. [ Special Telegram to THE Bnn. ] Hon. U. M. Lambertson , who was chief counsel for the state in the Im peachment trial , and Incurred the deadly political enmity of the respondents and their friends by his fearless arraignment of their official aots , was found in his rooms II street this evening. In answer to a query ns to his opinion of the verdict , ho said : "Well , I have not yet read the opinion of .Tudgo Post , but have glanced over that submitted by Chief Justice Maxwell , which seemed to respond to every point In the : ase. In my opinion"and Mr. Lambertson loaned back reflectively in his chair , "tho verdict of the chief Justice , who has been on the bench for twenty years , will bo accepted as the most satisfactory to the people. 'If the supreme court had united in finding the respondents guilty the influence of such a verdict would have boon most wholesome , and the outlook for the success of the repub lican party would have been brighter than ills. ills."In "In any event the trial has been and will provo of the greatest service to the stato. It will bring about better buslncssmothods , will save the state $10,000 a year and will give our officials a higher sense of public duty. " Very Like u Death Warrant. Hon. C. D. Casper , the democratic , and Hon. P. H. Barry , the Independent member ot the impeachment committee , were evi dently not sure whether they were pleased or displeased over the verdict. ' It was Just what I expected , " said Mr. Casper. "When Judges Post and Norval affixed their names to the decision exonerat ing the state officials In the face of the ac cumulation of evidence as to their neglect ot sworn duty they signed the death warrant of the republican party In Nebraska. This la not a funeral of my seeking , and I do not feel called upon to pronounce an oration over the corpse. " Thinks It Will Ilelp the ludepoiiclenU. "The verdict " said , Captain Barry "means the defeat of the republican party at the next election. It Is partisan , biased and apparently a forced argument in behalf ol the respondents. So far ns I can Judge from what I hear It means also an overwhelming victory for the independents next fall. The people have road tno evidence In the case and their verdict will bo handed in then. " Governor Crounso and Auditor Moore were In close conversation In the Hotel Lin coln rotunda this evening at 9 o'clock , when approached by a I'oporter for Tun BKK. When asked for his vlows on the de cision , the Governor replied , somewhat per emptorily : "O , I don't care to express my vlows on that subject. I believe ' . prefer to let each citizen form his own conclusions , I would rather bo quoted as having had nothing to say. " "You will understand , " added Auditor Moore , "that co-ordinate oftlccrs prefer to be silent on the subject. It would liardlj bo proper for them to express themselves- cither for or against. " IT WAS NOT AN Al'l'ETlZEK. Tholr Narrow J'icnpo Sludo the Principal ! 1'oitpono Their llanquet. LINCOLN , Nob. , Juno 5. [ Special Telegram to Tim BCB. ] The banquet , which was to have been tendered the state officials who were before the court of Impeachment , and which was to have boon accompanied by a flow of wine , red fire and slow music , did not materlalUo. It was to have been ono of the features of the evening if the court ha < given the gentlemen a clean bill. It Is statct with authority that all preparations hai been made , but the dissenting opinion o : Chief Justice Maxwell bus taken away nli desire to congregate around the ban quet board and drink wine , while the three respondents are putting on a bold front us they shako hands with tha men of tholr ilk. Their every word and not fully Indicate that they are not happy. Kvon many of their staunch supporters acknowl edge that the majority opinion la slightly on the white wash order and that instead o : being purged they have been convicted by the people of tha state , 111 ! NT ON , I1II.L AND LKK3E FllKE. 1'oirer to A mood Impeachment Proceed ings Cannot lie Delegated. LINCOLN , Nob. , June 0. [ Special Telegram to TUB BBB. ] Tom Benton , ox-auditor ; Cap tain Hill , ox-treasurer , and ox-Attorney General Lecse are free men tonight so far as nny action of the supreme court is con ccrncd. With the main opinion in the im peachment case there was another opinion which sent the ex-officials out of harm's w y In substance It is as follows : The constitution of this state confers the solo power of Impeachment upon the sonata and house of representatives in joint convon lion , and the legislature cannot delegate tha power to others. Whore the legislature has adopted articles of impeachment which have been tiled in this court no amondmen thereof in any matter of substance can be made by any managers appointed by the legislature to prosecute tbo impeachment Tbe authority to adopt and present othe or amended articles ol impeachmontor spocl fkcatloa ie U alone witb the joint con v otloa ol - ( Ea two houiM o tht legislature. Th * articles adoptee n April 7 charging them with misdemeanor n omco when tnoy were private cltlwis and ubjoctlng thorn to Impeachment would not nly bo extremely oppressive mid expensive ) iit would endanger tholr llvoi and liberty > y exposing thorn agalnit their wills to i\ irosecutlon for their conduct In exorcising heir political right and privilege * . " The opinion li by Jtulgo Norval nrnl Is con- urrod in by his associates and the charges ro dismissed. _ Some Prlrntn Opinion * . "Not having read the decision of the majority of the court , nor the dissenting pinion of Judge Maxwell , " said Matt Gcr- ng ot Plattimouth to a BKK reporter nt the 'AX ton last evening , "I do not feel eompo- cnt to express a rational opinion upon tha matter , although the dissenting opinion ocms to confirm the so-called political stnto- nonts made by Mr. Morton and myself dur- ng the last campaign. I think the decision lardly comes up to the expectations of the ) ooplo.vot ; , Itlsa very serious thing to do- > rlve men of the right to hold office because of negligence of others. " "What Is the outlooK on the United States dlsti let attorney contest ! " "Thoro are flvoof us who are candidates or the iK > sitlon. I fool hopeful , as I suppose nil of the candidates do. I think the np- lolntmcnt will depend upon the consent of Secretary Morton , whoso wishes will decide ho choice of the administration. Both Mr , tlahoncy and Judge Ogden nro admirably Htod for the place. If I am not snlectcd for t , I shall not fool In the least disgruntled , > ecauso I know that Mr. Morton's Idea is the unification of the party , and art appointment nado with that cud In view will provo grati fying to every member of the democracy. No ono can now predict who will bo the success ful candidate. It Is certain that the appoint ment will not bo made until the expiration of Mr. Baker's term In January. " Deputy Unl ted States Marshal Llddard of Uushvlllo was met nt the Paxton , The vigilant ox-shurlff ofSarpyhas made three trips to Omaha with prisoners In the past couple of weeks , covering K.OOO miles , and ind boon so busy yesterday that ho had not icardof the Impeachment verdict until In- 'ormcd of It by Tim 13nn man. "What , acquitted ! You don't mean It ! Well , well. " "What do you think of it ! " "Well , usually 1 have enough to do to look after my own business , but then I guess this s every citizen's business. The verdict Is folng to help the democratic party. Every- jody up my way was expecting a verdict of fuilty. The ovidcnco certainly looked strong for conviction. There was a good deal of very damning testimony given in that caso. " yATiox.tr. LK S a.taras. Senator * Jolt the Conquering Pirates Pretty Sollilly for Ono fiiinio. WASHINGTON , D. C. , Juno B. Terry started in to pitch for Plttsburg , but the Washing- tons hit him so hard that Gastrlght vas sub stituted , but ho fared no better. Both were wild and Ineffective. Weather hot. Score : Washington . 10 'J 01400 3-14 I'lttsburR . 3 01 110001 7 Hits : Washington , ID ; Plttsburs , 11. Errors : Washington , 0 ; PHtslmrg , 3. Karncd runs : Washington , 0 ; I'lttsburR , -l.Uterlos ! : Ston- sol , Duryuu and McUulru ; Terry , Gastrlglit and Mack. Only IVlIko Already Munched. NEW YORK , Juno 5. St. Louis was not In the gnmo with the Now Yorks. Ruaio was Invincible for six innings and then lot up. Gleason , on the other hand , was wild and Ward's men hit him almost at will. Mlko Kelly was laid oft without pay until ho gets Into condition to play ball. Attendance 2,000. Score : Now York . 20130320 10 St. Louis . 000000303 D Hits : Now York. 14 : St. rouls , 0. Errors : New York , 3 ; St. Louis , C. Earned runs : Mow York , 5 ; St. Louis , 2. Unltcrlus : Uuslo und Duylu ; Gunson and Gleason. Ileiui Kilters Got It. BOSTON , Mass. , Juno 5. The Champions fairly won the game from the Clcvolauds by superior batting. It was a "scrapping game" from start to finish , both teams find ing fault with the umpire and continually fighting for points. Score : Iloston . 10312820 * 12 Cleveland . 01022140 0 10 Hits : Iloston , 11 ; Cleveland , 11. Errors : Iloston , 3 ; Cleveland , 0. Earned runs : Jtostou , 7 : Cleveland , 2. Batteries : Sllvotts , Staley , Morrltt and Hansel ; Olarksou und O'Connor , Young and /.Innnur. 1'arrotl Wins n Game. BROOKLYN , N. Y. , Juno 5. Parrott , the third baseman of the Chicago team , was the man who did the most toward defeating tlio Brooklyns at Eastern park. Altogether the Chicagoans' fielding was very fine. Score : Brooklyn . 0 1004OOOO 5 Chicago . 1 1101021 0 7 Hlrs : Brooklyn , 10 ; Chicago , 10. Errors ! Brooklyn , 2 ; Chicago , 2. Earned runs : Brook lyn , 3 ; Chicago , 3. Batteries : Haddock and Klnslow ; Mauclc , McGlnnls and Schrlvor. This Corked the Dude. A , Pa. , Juno 5. Philadelphia won an Interesting game in the tenth Inning , after two were out , on a succession of three- baggers by Cross and Allen and Keefe's single. Weather clear and hot Score : Philadelphia. . 0002201102 8 Cincinnati. . . . 0 2 1 0 0 1 0 2 0 0 6 Hits : Philadelphia , 10 ; Cincinnati , 13. Errors : PhlladelouU , 5 ; Cincinnati , 2. Earned runs : I'hlludulphla , G ; Cincinnati , 2. But- terlos : Keefo , Cleiuonts and Cioss ; Mu llano and Murphy. Orlolei Co mln jf Fast Again. BXI.TIMORB. Md. , Juno 5. The Loulsvillos met with another defeat at the hands of the Baltimorcs because of the Orioles getting n batting streak on in the eighth inning- . Attendance - tondanco 2,800. Score : Baltimore . 000200030 li Louisville . 02000 1000 3 lilts : Baltimore , llj Louisville , 5. Errors : Baltimore , 1 : Louisville. ! . Earned runs : Bal timore , 1. Batteries : McMalion uud Itoblu- aou ; Stratton uud Grltu. . Htnncllue ot the Teams. Jo city Cllnb Unorganized. Ono of Omaha's "long felt wants" is about to bo satisfied. The Omaha Jookoy club mot and reorganized last night , and there will bo a midsummer race mealing July 4 , 5 and 0with a program no city naotl bo ashamed of. There was a good attendance at lasl night's meeting and much Interest was man ifest. Judging from the enthusiasm that Irradiated from the horsemen who took part In the meeting , the rovlvllleatlon of the jockey club means business , and It Is safe to say that Omaha will ucain bo the scene of some Interesting racing events. Ofllccrs elected were : President , W. J , Perry , the well known horseman ; vice presi dent and treasurer , P. II. ICInnoy j secretary , J. A. Tutlull , who has u record for managing successful meetings , notably the running meet at Wahoo , Nob. , in 1870 , and that at Lomars , la. , in 1879. Iowa i'rnlt L'rospcot * . MAiwenx , la , , Juno 5 , [ Special to THE DEB. ] An Interview with W.K. Follett , the veteran horticulturist , elicits the Informa tion thnt the prospects for small fruits , as raspberries , blackberries , strawberries and grapes , nro bettor than for several years. The npplo prospects have been good until within the past week , when a twig blight was noticed , which threatens to cut the crop short. Plums promlso a fair crop. Cher- will bo almost a total failure. Plan * for Mil * Itlpley' * Vuuornl , KKAUMET , Neb , , Juno 5. [ Special Tele gram to TUB IlBB.j The remains of Miss Mary Illploy , who died at Ilostwick while on a lecturing tour , wore brought hero for bur ial today. Miss lilpley was president of the Kearney Nineteenth Century club and occu pied u prominent position in educational and temperance circles , The funeral will bo hold Wednesday afternoon. lleitructlva 1'lre ut 1'ondar. PKNDEH , Nob. , Juno 5 , [ Special Telegram to THE BBE.J-B. T. Hull & Sons' flour pilll known as the Logan Valley Ilollor Mills burned tonight. The flro was discovered about 10 o'clock , but too late to save any thing but about fifty bushels of wheat. Tha loss la closely estimated at from $13,000 to $14,000. The insurance Is between { 9,000 and ty.ooo. _ Terapomry- office ol Chas. Bhlverlck tn Co.'rooms 202-203 First Notional bank building. TO BE SETTLED THIS WEEI Material for Omaha's Federal Building N < Tot Determined. SLIGHT CHANCE TO SECURE GRANII SaporvMnir Architect ( Vlluurk * Thinks 2 If 1'omlblo to Saoitro nn Incrnnnoil Apprnprlnllon , lint Thin Mcthoil Will ltn < | itlro Tllno. ON Btmnxo OP Tun Hnit , ) i " 13 KOUHTRBNTII STltnET , > WASHINGTON , 1) . O. , Juno _ fi. 1 Supervising Architect rVtfnnHfn ' did nil : each any conclusion today In thu matter < j Iho public building at Omaha. Sonattj Manderson was to have called upon the sfl pervlslug architect for n further conforoiu' as to the advisability of roadvcrtlslmr t ( Ms. The senator , however , did not co ; uid othcroforo nolhlni * was accomplishes Mr. O'Uourko said to Tim Hm : corresponds this afternoon that the case was still * abeyance , but It would , ho thought , bo so ; tied this week. "I can see but one solution of the quoi Lion , " sold the supervising architect , that Is to readvertlso for bids the sncciil atlon calling for some other material thnj granlto. Wo cannot oulld of granltl unless the bidders como withl the appropriation. It Is possible , howovo ! to secure nn additional npproprlatlo sufficient to cover the cost of a granite bulli Ing , but this course would necessitate Krw' ' delay. Ilowovor , I hope to have the matty straightened out within the next few days ! Hcerrtnry Morton nt III * Dcnlt , i Secretary Morton , who has been nbsoi from the city for over avook , has wire Assistant Secretary Willotts that ho will n turn tomorrow morning. The secretary ha spent n greater portion of the week I Chicago. Ilnsslor'H Clnlnis Recognized. J. J ? llassjor , of Forest City , S. D. , wa today appointed chief clerk of the Interlo department. Mr. Husslur Isnn "Kx , " ha' , mi ; served as the appointment clerk of th Interior department during Cleveland' former term. Ho was a candidate for so ; gcant-at-arms of the senate , but though \i \ was qulto generally endorsed Mr. Hassle failed to scouro the nomination In cauoit ! Subsequently ho made application for ehio clerkship of the Interior department , an today Secretary Hoko Smith recognized h claims ana made out the commission. M Ilassler will probably assume the duties ( his office this week , Nrhnmldi Ilnnk Ihmmlncr. Comptroller Kckels will appoint an add tional bank examiner for the state of N braska. Ho said the work was too much f ( ono man. There is not much probabilil that ICxamincr Grlulth , now In charge , wl bo removed. While n democrat , ho hoi ofilco throughout the republican term b < cause of his record for efficiency. But on application lias been received for ban cxnmincrshlp from the state of Nobraski It caino late this afternoon. The name of th applicant has not been given out yot. Wcatorii I'rnslonn. The following pensions granted are r ported : Nebraska : Increase Orange Warno Jesse Glenn. Reissue John Ilondcrsholdt Iowa : Original George T. Moran , Arz B. Park. Increase William Johnston Original widows , etc. Mary Fisher , Mar A. Ilincs , mother. MlHoellnneouii. William Wagner was appointed postmastoi at Amherst , Buffalo county , today , vlco H. W. Kupolsky , resigned. P. S. II. What It Cost to Convict Dr. WASHINGTON , D. C. , Juno 5. It isgcnerallj agreed among Presbyterians prominently connected with the Brlggs case that the ex penses incurred during the entire progressljT the case from Us initiatory stage until the general assembly disposed of it last week , amounted to a very largo sum , but it is al most impossible to make an estimate of tuo total amount with accuracy. Uov. Dr. Bartlett - lott , who was chairman of the local commit tee of arrangements for thu general assem bly , Is , however , of the opinion that ths estimate , rnado by some of the comtni sloners , that the Brlggs case from beginnln to end cost the general assembly abou 850,000 , Is nearly correct. arsaparilla IB superior to all other preparations claiming to bo blood-purifiers. First of all , because the principal ingredi ent used in it is the extract of genuine - uino Honduras sarsapurilla root , the variety richest in medicinal propor- tic3' AIso > 1 > e" PiirPQ Pntarrh ciusethoyci , , ( low dock , being raised expressly for the Company , is always fresh and of the very beat kind. "With equal , discrimination and care , each of tha other ingredients are selected and compounded. It Is / THE Superior Medicine because it is always the same in ap pearance , flavor , nnd effect , and , be ing highly concentrated , only sraalj doses are needed. It is , therefore , the most economical blood-puriflor in existence. It makes food nour ishing , work pleas ant , sleep refresh ing , and life enjoyable. It searches out all impurities in the system and expels them harmlessly by the natu ral channels , AYEH'S Sarsapurilla gives elasticity to the stop , and im parts to the aged and infirm , re newed health , strength , and vitality. AVER'S Sarsaparilla Prepared by Dr , J.O , Ayer U Co. , Lowell. Mui. OoldbyallbruggUU ; i'ricetl ; eli bottlc , * . Cures others , will cure you Simple ailments 1 neglected may grow > deadly.m handy remedy is Beecham's Worth \ FtMfl - , . ° asr ) PlllSi ( in all cases where ' Liver and Stomach t i trouble is suspected.