mljFr rssr vTzzzr = - S * ! * ' * * * ml -j- } r" T ? j ? irmOTim : r r jt'111'T ' ' " "mm "TiTiipiriiiaiggjMiiia "J " . H
W * A TUB OMAHA DAILY BRRt SUNDAY JUN1SJLI , 1803HSTKTJBBF ITOTSST * T 1
GUILTY AS CHARGED
Judge Maxwell's ' DiBsontlng Opinion in the
Eccont Impeachment Trial.
HIGH GROUND TAKEN BY THE JUSTICE
Official Conduct Must Boar Scrutiny and Bo
Frco from Any Smpioion.
IGNORANT NEGLECT NOT TO BE CONDONED
Men Who Administer Fublio Affairs Are Ro-
Hponsiblo for Their Conduct.
ABOUT PECULATIONS OF SUBORDINATES
tnny rnlnln , Shown on Which Ilio Accmoil
A\rru Derelict I'oor rrnleclloii Ollcrod
tlio I'nlillo by tlin Acquittal Ili-
lioiiG * ! } Hoiiiiill } Dunouiicod.
It Is n well known fact that Uio oihor d.ij
n hen tlio supicmo coin t handed down the
opinions In tlio Impeachment case , two ol
thu members of tlio bench Joined In tin
jnnjoilty opinion \\hici ) gave Gcoigo H
Hastings , uttoinoy general , .lolin ( J Allen
scerelury of state ntiU Augustus It , Hunipli
rcy , conlmlssiotior , the tluou slate olllcl.ih
who constltntu the Hoard of I'ublio hind !
nnd Huildlngs , their ulcniliig p.ipuis , allow
Ing thorn to lutuin to their olllccs and atu
tata the nlTaiis of state , notwithstanding
the fuel th.it a Joint convention of the legis
Inturo hud indicted thotn for willful miscon
duct In administering tlio ulTalrs of col
houao nnd the hospital for the ins mo. litho
the majoiily opinion Judges I'ost nnd Norv.i
attempted to condone the offense by accept
ing thu ploi of overw oik nnil holding Urn
the cvldento failed to establish the esson
thil facts charged In the articles , thougl
they admitted that the giosscst frauas hiu
been pei polluted by canti. letois who won
furnishing supplies to the state- mid whoai
bills and fl.iudulcnt bills the membcis of tin
boaid passed upon and allowed from tiino ti
time.
Chief Justice Maxwell toolc an ontirol ;
( llfTcicnt view of the case , and nftei review
ing the law and the evidence , In his usua
nnd concise st.\lo , tiled a dissenting opinion
holding tlt.it the three oftlcials woio guilt ;
as chained In thu Indictment ictuincd by tin
logislatuic.
The public haiing the greatest confldenci
in the ability of the lo lined chief justice
and knowing that seldom , if over , his dc
clslons liiuo been loveisod by the suprom
court of the United States , have domaudoi
that his opinion bo published in full. Tin
next inoining after the opinion was lilci
THE BPIS pi luted a eaiofullv prepare *
synopsis , but that was not sufllciont t
oatlsfv the public demand
The following is \uibitim copy of tin
findings in the case as summed up by tin
chief Justice , choscnioi member of thu bench
Il * i'iitlnf ; Opinion of Judffo .tluxwoll.
In Ib'Jl one CV. . Mosher was iccoivln ;
from the state 40 cents per day for th
lioard , clothing , caio anil attention 01 oacl
convict in the peuitcntiaij Ho was also en
titled to tbolr labor mid the convicts w-i
hired out tovarious pet sons at the rate n
nbout40centspordayforcach convict In 18'J
nn appiopriation was made ' 'for building
now cell house by days work , $ -10,000
This , llko all other appiopuations , was fo
_ _ , "so much thereof as may bo ncLossary.
That is , a sum total of $10 000 was appiopr ;
ated with tlio condition th it only so muc
thereof as was nceessirv should bo diavu
This is a condition of all appiopilatinna i
this state 'I ho warden scents to hatu ptc
tested against the cmplojmont of pots > oti
outside of the pcnitentiai.\ construct th
bullding.on the giound that it had adcmoia
izlng effect on the convicts 'J'lio icsult wa
that the lespondenls amccd that tlio build
ing in the main was to bo constructed bj cot
vict labor W II Doigtn was Mosher' '
sufierintendentat the ponitonti uy and ha
full authority to hiio the convicts to any pei
son who desiied to employ them Danii
Hopkins was the waiden of the penlteiitiar
from May fi. I Mil , toabout Match 1 , 181U.
Hi > \ > Dorgaii U'ns Oliojrn.
Ho ircommeiided Doigan to the responi
onts as a aultublo peison on behalf of th
state to supoi intend the construction of tli
cell house Doigan testilles as to his toll
, tions to Moshoi as foUows
A. Well , I looked after the business coi
ncctcdwith it that is , all his interest r
the prison ' ] hat would include all kinds (
supplies , subletting the men , and lookln
lifter his business in gcncial
ThooiderinakiiiL' thu appiopriation is n
follows : "Tho constinction of tlio ce
liouso for the penitentiatj as ptovlded for i
the gcncial approprlition bill whoioin IU
000 has been appiipiiatcd for th it purpo ;
by the twontjsecond legislature to bo don
by d.iy's lalor being under consideratiot
Hill moved that W II Doigan bo cmplojc
bo thu bum d as supeiinUndent of constru <
tion , with power to puuhisomiitori.il fc
constinction and employ laboreis for bulk
ing , subject to the appiov.il of the boarc
seconded by Allen. Motion rai i led
"Allen moved that Doigan bo tcquiicd t
furnlhh boml for the faithtul perfoiniancoc
duty in tlio sum of $10,000 , , bci ondc.it by llil
Caiiie < l On motion of Allen the salary {
DotganitB aupuiintendent w is llxcd atS.
per month to begin fiom this day. " M
JJoigan gave bonil with appiovoil sutotios i
the sum of $10,000 , Hn was not a bnlldc
and possessed no pr.if.Ural knowledge t
building or building matei ml The now co
, liouso U the east vvlmj of the penitentiar
it- and Is subst.intl.illj similar in .ill icspcctst
i the west wing of the main building. Th
| , now wing Is ! i > o foot in length uj foity-th
15 f cot in width and about thiitj olght fcoti
f height. Doing diiccllj cast of tbo ma !
: no wall vvas neeessarj .it the we :
end , and thuio was n wall ubout twentj-tw
feel in height on the north and also on tl
cast of the now wing , which it was intemlc
tousons the noith and cast walls and ral-
the samu to the dt'sued height hoatth.i
tlino the onto walls supposed to bo nocessai
woio the hontli wall ami , in addltloi
to raise the noilh nnd east walls to Hi
Height of the other walls , nnd putaioofn
the building with a ceiling pi upar.itoty I
receiving the colls.
I'rnllt In StoiiK.
This , how ov or , w ill bo discussed later. I'll
board HUMUS to have given Uoipan no direi
tions in tcgaid to tlio building , hut loft hli
to do us ho pleased Soon nHur his appoln
ment Doigan entoiod into a contiaei wit
B. II. AlwoodCo fur stuno lor the built
ing , the ptico being in tents per cubiu fet
for dlinciislon stone , plugged to sUe Th
was detlned bj tlm witness as stone spl
from lavurs of the proper thickness by dill
ing holes in the jock and di iv ing v-edgt
therein Another quality of tock ho pal
Atvvood A , Co 10 cents per 100 pounds , an
still another b cents per 100 pounds the loc
to butlcllvo.-cd at Cedar- deck , oral otht
jwlntsnot more distant fjoni Lincoln , tli
freight to bo paid by the state Ooigan , ai
cording to ills statement , inado no inquiry c
othoisas to the price of stone. A larg
jmi t of the stone was , in fact , purchased b
Atwood . .V Co of J \ Vtook of Nomah
county and delivered on bo.it d of the cars r
Johnson , in that countj' , ut fiom it coats lie
lOu pounds for i ubblo to 10 cents per cub ;
foot for dimonslon stone plugged to sin
iCook tostlllcs that iJoigan vviotc to hit
about the pi leu of atouo somutiniu bufoio ii
sold to Atvvood & , Co. : that ho had lost tl
letter. Hosajs'
A. Ho asked Iho price of stone doliv ore
at Lancaster.
Q. \ \ hat did you toll him !
A. I told him I sold stone delivered o
board the cais at the switch at 10 cents
foot , nnd If I delivered it on board the cai
at Lancaster the fiuight would bo nddoi
and that is w hat the letter contained
Q Do jou romoniher about vv hat tltr
that vvas.1 Was it bofoio or after the tin
jou sold thu stcnu to Atwood ?
A. As ucai tu I can lomcuibcr that VTJ
about a week before Alwood came down
there. He also testifies
A I have been In the stone business about
ten j oars
Q \Vlnt lifts boon the uniform market
raluo of this dimension stonu , free on board
the cars at that point'
A Ton cents a foot anil I sold some ill-
nentlon stone for oven loss money than tint.
f I got 10 cents I considered 1 vvas getting a
'air price
Ho testifies la effect tint hrj wrote to Dor
ian to such effect before Atjvood fc Co
iad pinuiaspd thontoro from him and tint
10 enclosed the letter in an envelope dlllv
stamped and containing his business card
asking for a return of the letter If It was not
called for and that It was never returned.
A Loss nl Mcintiry >
Dorgnn while attempting to deny thit ho
rci clvcd the letter does not dcn.v absolutely
Lii.it ho did receive it On cioss examina
tion ho testifies-
Mv memory N tint 1 asked you If vou
liad reeolvod anj loiters from .1 W Xook of
NotnaUi countj' , iclatlvo to stone from tint
| ) oint ?
A No , T don't think tint t did
C , > You don't thlnU that jou teeclvcd any
letters'
A -No
Q Vou wpro sunptiMincil to In ing them.
but j on don t think jou received anvf
A 1 have no such letters in my possession
nnd I don't think I over h id
This is far short of an unpqulroc.il dpnlil
Atwood & i Jo also putrhised a quantity of
from Van Couit and Ivojs In Iscnnha
countj for the penltsntiarj' at a slight ad-
vnm o over the i lice pild Xook Hut suppose
Doigan's denial is unequivocal , still the
probibilltlcs aio that /took so-H the loiter to
Dot gin as ho testifies Doigan was nnxloua
to Justlfj his purchasu of stone ami to shield
the icspondents Ho pleads Ignorance o (
the pine of stoni1 as a Justlllcition forpij-
ing moie than twice as much as It could have
been puichased for , Ills ignoianeo onthat
point h 11 thn appeal ineo of being assumed ,
nnd to admit that ho had leeched the letter
would , in effect , bo a confession that ho did
know the price On the other hand
Xook is a dlslntoiested witness of fair ap-
poultice. Ho was anxious to llml a in tikut
for his lock. Ho testifies fnllv and un-
oqulvoi illy tint ho sent a letter dulj
atimpod to Dorg.in at Lincastcr , where
Doigin recolveil his mill , offeiim ; to fuinlsh
stone at 10 fonts per cubic foot for dimension
plugged to sl/u , and cents jiur 100 pound
for lubDlo , all fico on boatd the cais at
Johnson , Nom iha co'intj ' ; tint this luttei
had his H'tinn cud on It and that it novel
wasiotuinod. That this testimony is it ui
thuio is not a shadow of doubt and it , wltli
other things , shows how utteily unrellablt
is Doig iii's testimony.
i\ldrmo : < il Dnr niiS Uni oll.ililllt } .
Tim pui chases of stone from AtwooJ ACe
Co .11 o as follows
M'lllTIlV STONK.
t.rJOIf | at 3Dc pur foot 8 ins T ,
a.l IBUJ fl. at.lftepei foot . . . 1,101 n :
! VJO'li7 ! ft at JliMiiM foot . . 772 01
aiij.OUOllH dimension , II,105 ft. at
500 H
S'J.DJO 1-
Cl DVH CHI I K S1OM"
Qcirs , nnvvf < lilitoi ; iiiillty | . $ 50 0 (
U'jsnoDiiH rulililu u lie . . . 5753.
120 100 UK fool In , ; ut 8r . . . . .jfi n.
Ill 1011 UK ciiiihitl.it ? 1 10 . . . 45III
H.,7O ( ) Hi , i tipln at 10f . 137 1.
CiHGOilllH illmi'iislDii at 10c 0851
I'-M ODD Ihs mlililo at He . . . . O'J ' . ! <
187 101) UK nihlih'ut He . 14U lil
7d,00 ( ) dimension at lUo . 7001
20 1-0 ft .it 7li- . 7 01
lOV-'OOllK i-ubbloul He . 15771
07'JOl ) Ibs i ubblo at He . 5171
001.700 UK. iubble.it < . 47H ' ) (
318,400 Ibs nibble at Ho . 25471
$2,249 7-
281.700 Ibs dim. 2.817 ft. ill IGc nor
foot . . $ 450 7 !
Jll.HOOlbs. dim 3.11H ft. at , lOc nor
foot . . . . . . 598 81
00 050 llH dim OOO'/i ft at IGc per
foot . 1GH 41
31.1100 UK. dim 340ft .it Ibc per ft 51 II
010,100 Ibs film 0,401 ft. at IGc nor
foot . . . . . ] ,038 5i
83,201 0
Total expended by Dorian for
stone JG.020 9
IMllfyl OK blONC l-All ) 1U IIOl'KtNS 1O ATttOOl
& CO
ItoiUliisbler 1,332 fl ut HVpni ft. $ 2131' '
1)1111 11110114,0404-5 ft. at J5c per ft 1,021 2
$ l,8J7 4i
Total pild to Atnood for stone 8 , 27 3
Vlirro tliu Statfi Ijti t.
The amount so piid to Atwood & Co wa
about twic-o as greitas thu sune tiuilit
and kind of stone could line becii put
chised in the open muUet and the slit
thetobv lost while Dnigan was supoi intend
cut moio than $ .1,0 H ) , and as Hopkins con
tinned to rocclvo stone mulct the Doigai
tontiact the loss to the state exceeclci
$1,000
On tlio 1st day of June , IS'H , Mr Doigi ;
made what ho calls an cstim ito for 5-0,100 a
follows ; estimate No -
1'oroilv done ind milorl il furnlsbed Out
liiKllio month of .May , IB'Jl , foi cell home i
lieiilti'iitl.iry.
Oil Mont ) . . . $1,00
Com ioti- , . . . . 75
i\ci\.i11iU. ; . 35
Matcil ilnn hand not usi-tl . 4,00
II il iniMiluocuntractoi . 10
The above iMImito .is niiulu by mo thl
1st ( luy of June1 , IbOl.and I hereby cortlf
tli it tliu .inionnt of uork done and matorlal
fiirnUlied by s ild coiitiactoi at j line and coi
rcclly stated and set foi th In tliu above i-s.l
in itu , and tlntt HID s ild estimate Is m ulit I
the m inner and ueeordliig to tlio plain an
hppcllli iilloin mentioned In tlio conn icllt
thu sild stilt ) and silil coiitniotoi.V I
Ioi0'in ) , superintendent Sl nttl In my pn
uiu'ii and h\sorn to bufoio mo llilb - di
of - , A I ) 1 -
Aiioiud | | by the Ho ird of Public Lands an
Huililliu-t
I'lusl.lent
heeieliry - -
( Ii'iiei il I unit
Tlio Htato of N'oln isk i ToV II loriii
III I'or iiiitoil.il Uiutl in building nun ei
hoiisi ) , per cstlmato o 1 lieiolo attathut
$1) 100
I'vamlned and apiiroied luiio 1 , 1891 , b
tliu lliiud of I'ubllc I , mils mil liulldlius am
aci'iiiinl to hucliai ul to anpiopilatlou fo
penlli iitlaiy now cull house
JlllINC Al.ll-N , A. It. IlLSII'llllhV ,
t-iCiotaij. ) rioslduil
This was apjuovcd and w.uiant diawn fo
thu amount ilo also at the same time sul
mittud the following account
hi.scill N. Neb , .Time 1 , 1891.
MrV II DOI-LMII , hiipuiliilonilunt
In account with ] iilbim coiiliaut.
To 357 dajsatjl . . ? 3VT 0
To JO days te tin at W . . . . 7H 0
To liimbi'i fin Mono shod . 1000
To laiiienUu work. . 180
Ted wliei'lli irio atl 50 . 00
To nulls and m ison llnu . 00
To 'i ' tin/en siiiiitius. . 10
TH 'i ilo/.im nliou'ls . ( , o
To tttu cais slonu . 500
To o\e ivalln , . . SCO li
To swHchliiK and unloudlm ; 1 1 cais 50 o
Hcculvnd nnjmont.prlson contract $1,0300
A similar citlimito for.luno , ib'Jl.for .OJ
was made on the ltd tlaj of Jnlj apd slmlla
account Illed , vv lilth vvcio appioved and wai
rant tliavvn Thu thlid ostlmato and acioun
wuio filed October 5 , Isui , for 56,000 an
wein appioved and a w.mant issuud theteor
The foul th estimate and account for § 1,00 ,
weio Hied and appiovt'd Dueomber 7 , Ib'Jl
and wartaiit diawn The fifth estimate an
account weio liled Match 7 , IV.iJ , and a wai
taut Issuud It will bo scun that ho ha
thus drawn fiom the liuasuij upon thus
\auuus estimates the bum of ( JJ.lOO withou
so fin 'is appous a slnrrlo voucher from ih
persons who had fuinlshed the labor or nu :
tui lal , or their assignees
Until n
Section ID. aillclo Iv of the constitutlo
piovldes I'he commissioner of publlolaml
and buildings , the sociotaiy ot state , treas
uiur and attorney guneial shall foim
bo ud which shall have general supoi vlsio
and contiol of all the Ijinldings , giounds an
lands of the stito , the statu pi ison , usjlums
nnd all other institutions thetcof excei |
these for educational purposes , and shn
perfot in such duties and bo subject to sue
iules and regulations as may bu prcsctibu
bylaw" bectlon 4 , chapter IxNxlll , aiticl
xli , Compiled .Statutes , provides 'The sal
boaid shall have power under tlio rositiutlo
of this act to direct the general matiagemeu
of all the said institutions and butcapoiisibl
for the proper disbursement of the funds aj
propiiatu for thulr inaiiitunanco and sha
havoioviowing power over the acts of th
ulllcoi-d of such institutions ami shall on th
patt of the state at i ocular meetings u
hutelnaftur directed , audit all accounts u
such onicuts , including thu accounts ol th
commissioner of publlo lands and building :
except his salarjV
Section f > "At the regular mooting of th
board it shall bo their duty to examine th
accounts of the publio olllcors contemplate
In this act ana to dotermlnohutner th
same are entitled to bu pal 1 out of th
tuoiiojs appropriated for the purpose c
maintaining the institutions for which the
ajt ) chatgod , uud if correct shall approve th
same , which approval shall bo signed by the
ircslilont and countersigned by thosecrottirj *
inder the date of such action , nnd , If the
iccounts bo incorrect , exorbitant or not rn-
iltletl to pajmcnt from such approprlitlmi
.ho same shall bo disapproved and ictutncd
to the elalmint , such boird keeplin ; ft record
of the same. "
Section I ! "When tho.lecounts above men
tioned ha\o been IHed with the board and
shall have been audited and approved by
them the auditor of publio accounts Is
hereby authori/ed and directed upon the
piesentatlon to him of such accounts so
uilhcntlcalcd to Issue his wanent on the
treasurer against the proper fund or appro-
ptlalion for the amount therein stated to the
claimant or hU assignee Any no accounts
coming under tbo provisions of this act shall
bo entitle I to pvymont until they have been
so appioved by Iho svld board "
Secllon 0. chapter Ixxxlll , article III , provides -
vides : "All persons having claims ngalnst
the state shall exhibit the simo with the
ovldenco In support tlioioof to the auditor
to bo audited , settled and allowed within
Lwo ycais after such cUlm sh ill accrue , and
In all suits brought In behalf of the state no
claim shall bo allowed the state as an off-set
but such as has been exhibited to thu auditor
and by him allowed or disallowed , except In
cases whei oil shall bo proved to tlio s itlsfae-
tion of the court that the defendant at the
tlmooftiial Is in possession of vouchcis.
which ho could not produce to the auditor ,
or that ho was prevented from exhibiting
the claim to the auditor by absence from the
stale , siekncss or unavoidable ) accident , pro
vided thu auditor tn no case shall audit a
claim or set-off which is not piovidod bj *
law "
Section S icqulrcs all warrants , vouchers ,
etc , to bo piesotvod In the oftlco of the
auditor Section 2 , atticlo Ix , of the same
ch tptor , rcqulius thu auditor to keep an ac
count of all claims pi csented to him for an
examination and adjustment , and provides
for appeil by any puty aggrieved. All
claims against thu state aio to bo nrcscnte.il
to him and must have his approval botoru a
wai rant can bu issued , This moans the
piiinaiy claims those of persons who fui-
nlsh the goods , labor , etc It is ttuo In ex
penditures contracted by the Hoard of Pub-
lie Lands and lUilldlngs they must approve ,
that Is , ceitlfj all vouchois for such cxpctt-
dilutes before the auditor can bo tcquircd to
act upon them.
'Ibis is precaution to prevent frauds bv 10-
quit Ing the board that contracted the debt
to certify th it the claim Is coi rcct. It docs
not change the character of the voucher ,
however , as that is to bo for the oiitina ]
claim State vs Mooio , 51 N. W. U , ( JG.
AVlicro DnrRitn Had n I'ltll.
In the case at bar the respondents on more
estimates and without \ouchen alloweO
Doigan to diaw nioiioj at his pleasure.
The boaid Itself could not thaw inonej
from the tteasutjexceutupon piopcr vouch-
cis , and it has no autlu.iity to authorize
Dorgin to do so. Should the mode adopteil
in thfs c iso bei.omu thu ittlu. ovary precau
tion for the protection of taxmjers wodldbc
bioken down , the constitution and statutt
sot at naught and money unlawfully and li
detlancoot law taken fiom the tiuasury
rl he testimony of Hopkins shows that at tin
timuhowas appointed Mipoilntondont 01
Match 10 , 1SIL' . Dorgan had built the soutl
wall and otto-third of thu east wall and thai
was substantially all th it was dono. Hop
kins testifies on cross examination-
Q Hew far had this cell house progressed
at the timu jou tool : eh litre as superintend
cut ?
A. The not th wall of the cell liouso was
comolotud and pai t of the e ist.
Q Do jon mean the north or south wall
A I should saj the south wall of the col
house.
Q And a put of the cast wall ?
A. And a put of the east wall ; jcs , sir.
Q The not th wall had not jet been torr
down ?
A No , sii ; wo liidn't commenced on that
I should have said the south wall.
Q Was the south wall clear up ?
A Yes , sir.
Q How f ir was the cast wall ?
A. Wlij , it was pei haps ono third.
Ho also testillud : "Tho grates were pu
in the south wall and tlio door was hung
also the lugo door "
'J his testimony does not seem to bo do
tiled. The exports i illed to place value :
upon the several walls of the buildim
and the whole as it now stands ditto'
gieatlv. The Iho oxpoits called fton
Lincoln all pjico the values of tliosovera
paits. Including matotial , verj much lowe
thin the oxpcits called fiom Omaha- Thin
Mi Uullock , a builder of Lincoln , placed tin
value of the south wall at ? 0,1T2 , while Mr
Coots , a builder of Omaha , estimates thi
value complete , in tound numbots , at J10,40J
Ho ilso estimated the east wall complete a
SVJr.yj.
lliM.'r , XMioro tlio Money Wns Mnilo.
It Is diflloult to reconcile the various esti
m ites of the various experts ; it would scon
theio should not bo so much diftuionco u
estimated values I'oi haps in art iv ing at ai
apptoximitoaluo it would bo well to laid
the average of the estimates , which wouh
bo fS,4 ! 7 18 for the pouth wall complete
Coots estimates the value of the east wall
complete , at $ J,7U7 03 , one-third of vvhio !
would bo 5'UO1)1) ' 'Iheioiotoall the vtoik per
foimcd under Doigan ssupcuiitondeney , hai
it been done by fteo labor , would have booi
woith $ ' ) , : HS07 , but having been altnos
wholly \orforinea \ bvconvictliiboi. thoactui
cost even at 51 per tlay for convicts has ox
cceded W.OOl ) It also appeals that ti.en
wore plans and dot ills pieparod for vvlilcl
it is claimed $ . ) T > U weio piid. There wai
some stone on hand but the amount thorco
does not i le illy appeal It could not havi
been very 1 ago , howovcr , because IIokms |
after ho became supoi intendent , pun haso.
stone of Atwood & Co , as heietoloio stated
to the amount of > lbJ7.r > . At the Mini
Doigin teisudtobo bupotiutcndcnt all tin
stonu tint was supposed to bo ncccssir ;
was sulllclcnt to compiuto the east wall an !
toiaisuthc not Ui wall to the simo heigh
as tlio south wall Hut suppose wo esti
mate the stone on h md at $2,000 and tin
valuu of thu south wall at ? 10,000 , tbo nggio
gatoof the woik , hid it bocji poifoimeil b' '
citi/en labor , would bo SIM ! > U ) , vvhieli woul (
include oveij tiling , and for this Doigan hat
received $ .Jj,100 and as theio weio no fund
in the tie.ibiuj thu amounts weio diawlnj
intciest at 7 per cent , but the woik on tli' '
south and oas > t walls was almoit wholly pur
loimod by convict labor The testimony
shows that convicts would jiuifoim fioii
ono-half to two thlidb as much 1 ibor per da'
as vvas poifotmod by citizens So tint tin
actuil cost of the wall , inuludlng supoi In
temlcnt , must have lieonoij mucli les
than the above ustini itc.
Untiilu to Ililllil on ,
In Match or April , ib'JJ , nf tor Hopkins wa
appointed aupotiiitendont , ho removed th <
cap stone fiom the toji of the north wall
when It was dlbcovoiod thut thoio woroni
blmluts In the wall nnd that the moita
poss > ussed no adhesiveness , was woitides
and that it would bu uns.Uo to build on it
Thu tuspoii'lunts ' weiu thoieupon consultoi
nnd found it neccssniy to consent to th
teat ing down of the wall ami lobuildiiig tin
s imo , and this vvas done under Hopkins' til
icctlon. Doigan had nothing to do with thl
or putting on the i oof and all ovidi-mo as I
tliu cost and value of the not tb wall , reel
< iii < , an > not In isiuo in tl.is case , nor of tin
building as it now stands , as tiiuiolsni
chaigo against Hopkins Dorgan toturnoi
to Hopkins the sum of 41) ) iilll Ifl Doigan ha
leculvud and lotaiuud fJi,70i 8r Thu stat
was Charged l per day for tliu convicts , nl
though othei eontiactois paid but 40 cents
It was alleged that the state had the cholc
and tliat tlio men bulcctud tor the state wet
experienced stone masons and thurufoiomor
valuiblo than the average tonvlet This !
bliow n to bo ti uo of eight or ten of those cm
plujod. but not guaeially M D. Welch
piesidont of the Westein Manufaotmini
company , testlllod that ho employed 01
dmaiilv about ono b ilf of the convicts
Q - Vou have praoticallj carlo blanche n
to thu selection of the men )
A Yes , sir ; I have
( J -You have your pick of the men In th
penitential \ f
A Well , that Is to say , I don't take crip
pics , or diseased men if 1 can help it , no ;
ahoit-tlmo men.
Q You take long-time men , good stronu
ho.ilthy follow s {
A Yes , in my business , I want 10 pick t
man that when ho gets familiar with th
w ork how ill bo worth something ; it take
HOUIU time to learn them.
Ho also tcstlllos that ho pays 40 cents po
da > for eich convict emplojod and fuinisho
them tobacco , candles , chuvvlng gum , utc. , i
addition 'Iho wages paid bj lilt
tppuar to bo the oidlnary wagr
and the proof falls to show tha
on any conttact continued for a eoiisidorabl
tlino were gieater wages nald Tiiero ar
tluirgcs that more dajs work vvcio clnrge
to thu state than woru rendered. That som
such wuto chained theio is no doubt , but th
extent of such charges cannot bo dotci
mined , although tha amount paid was cot
sldcrablo. There would seem to bo no Mi-
son why the stain should bo charged n
greater rate than 10 cents per d\y ( , and with
n capable , Intelligent ; disinterested superin
tendent of the work and pioperefforts of the
respondents no m jro fibl-d have been piid for
the convicts who worktjd for Iho stato.
Dorenit'fl Appointment Unjiiitlllililfi
I'ho appointment ohJArg.in.whoso-Jntorests
wore allogotiier with Mosher , was entirely
unjustlllablo If the Oo.ird was busy , as It
claims to hive boon , thbro vvas all the moro
necessity for the appointment of ncipiblo ,
dlsliitoresled superintendent who could bo
relied upon to look aftff ? the business and In
terest of the state "NO ordiuiilly prudent
man would hive appointed Dorgan to fill the
position of superintendent nor placed in his
hinds tons of thousituls of dollirs , and It
Is not surprising that thu state has suffered
serious loss It scums that Hastings was ab
sent w hen Dorgan vvas appointed ; th it ho
had selected a dtslntorcsled pirtv mined
Davcy and had promised him the position.
Hut after his return ho visited the penlten
liary and claims to have found everything
satisfactory and right and concluded to re
tain Dotgan.
Nom mean servo two masters and this
case has proved no exception to the rule.
The Trout fully Hmtnlns limn Clnrgc.
That there were frauds in the flour contracts
thcro is no doubt , but the extent of such
frauds it is dlfllcult to dotermlno Thus , in
Janmry and Tobiuary , Ib'OJ ' , the Hour was
weighed , it is claimed , and the only tccord
preserved vv ore the stubs of the w eigh chccits ,
and they ni o lost. Theio Is also ptoofthat
tliodraymin was In the habit of leaving a
number of sacks of Hour at a design itcd
place on the way to the asylum. The chaiges
under these heads ate filly' sustained
Second It appears that w hllo Dorgan vvas
possessed of the inonoj' in question ho at Iho
tcqucst of the lespoiuients p-ild to Hopkins
? . ! 00 to onablu him and Hldor Hovvo to visit
thu prison congress at Plttsbuig , Pa. Soon
aftoi wards the boml rmelvcil from him
fiOO of the mouoj' bulonging to the state to
visit y.itlous points to enable them to choose
tlio best colls. This was charged to the cell
house fund. These appropriations aio Justi
fied upon the ground that the state would be
benefited theioby , and that therofoio it was
a pt opcr expenditure.
Section 21 , ai ticlu ill. , of the constitution ,
provides : ' 'No allowance shall bo mudo for
the Incidciitil expenses of any state oflicer ,
except thu s imo bo made by gcnur.il appro
priation and upon an account jpccifj'lng each
item. No nionoy shall bo drawn from Die
"
troasurj' except" in pursuance of a specific
appropt latlon made by law and on thu pro
suntatlon of a wairant issued by the auditoi
theicon , nnd no nionoy shall bo diverted
from anj' appropriation made tor any pur
pose or taken from any fund whatever ulthoi
by Joint or separate resolution. Tlio auditoi
shall within sixty dajs after thn adjourn
meiit of each session of thu legislatuio pic
pile and publish a full statement of al
mono\s expended at such session , speclfjlnp
thu amount of each item and towhouiauc
for vv hat paid. "
Acted Without Authority.
This provision declares tint "No monej
shall bo drawn from the tieasurj' , except n
pursuance of a specific appropriation made
by law and on the piesentatlon of a waiianl
issued bj the auditor thoieon " The Icgis
latino makes appropriitions. It is foi it
composed as U is of the topiesenta lives ol
the people , to saj' wh it is for the mtcicst ol
the state and requiics the oxpondituto ol
money. Unless it grants the ant hoi Hy then
is none If an oflicer or a number of then
can take $1 without an appropt latiou and be
justllled in doing so , ho or they may t iko al
tint thoiois in the tioasuiy If in their view
thu state will bo benefited tiicicby.
Moncj1 taken without nnjr appropriation it
taken not only without law , but in delianci
of it , and if the principle is once established
would lead to gi oss frauds and peoulitioiis
Suppose tiustees having the care of property
and receiving the rents and profit !
shouln itesiio to visit distant points to cmibli
them to administer the , estate with wisdou
and piudenco and thureby benefit it , couk
they chatgo this oxpeuso upon the owner 01
beiicfleiaiics without tlielr consent lawfully
cxpiesscdi No moro can they do so in thu
instance The state , through its legisl ituie
must give its absent to an expenditure
otherwise the p.uty mubt pij it out of hi ;
own pocket No vou6ller was filed with anj
oflicer showing the amount expended no :
any attempt to comply with the law. Ii
addition to this the cell house is not toad\
for the cells oven now , thoiefoio theio wa"
no oincigcucj' . But under no MOW of tin
case can the expenditure be Justified and tin
fact that in ono or two previous instance :
such expenditures weio made , which do no :
seem to h ivo boon known , but tends to shovi
the lax methods that appear to have prevailed
vailed with thu bond whet over the oxpen
dituio of money wasconecineJ It also ap
peats that the logislatuio mule an apmo
priilionof § 1,000 for the tiaveling expense !
of the bo ml. It is true Mr. Allen tcstillc :
that $ T 00 of this sum his been ox ponded. lie
also tustilles tint all the members hai
passes , so their railroad faro w.is nothing
So far .ib he stated , Jho visits to tnoaiiouf
btatc institutions by the bond the expeudi
tures should not have exceeded $100 , am
probiblj' did not If the bond desltod tt
travel on oflldal business it would scum thai
this was the fund for th it purpose Hap
pears also that Dorgan used JJJI to reset tin
boiletb in the pi Ison , a charge which proporli
belonged to Moshor , and should huvo boei
paid by him.
I'rmul L'lnlnly DlieornlblB.
In addition to the oidinary provisions Ii
appropt iation bills that of Ib'Jl contained tin
following.
Section. ) "Rich state ofllcor and each
bo ird entitled to diaw against tbo appio
pri ition provided for in this act shill kecj
an itemized account of all expcndltutui
m ido by thotn and icport the bimu will
vouchois to the llnaneo eommittoo of tin
next legislatuio , aiU no oflicer of state insti
tutlons and no state oflleor shall incur anj
Indobtodiicss bojontl the amount apjiropii
ated in this bill , oxeejit to pi event disaster. '
The testimony shows that the icspondenl <
made no attempt to complj with these pie
visions. The cli.uges aio liillj sustained
Thud The testimonj tends to show tha' '
gtobs frauds woio committed in thodelivotj
of coal at the Lincoln insane asj'lum. ' 1 hi
respondents claim to have been ignoianto
these frauds until about September , IS'.U I
appoaisth.it fiom the 1st day of October
Ib'JO , to tlio jth day of Maioh , Ib'Jl , tin
Whitobrcast Coal and Limo compiny fur
jilshed coal for the asjlum and vvas allovvet
thorofor tl.o sum of $ ll,5"il U5. To cover thi :
claim an appropriation of $12,000 ! , or so mud
thoieof as might bo necessiry , vvas mntle
and the claim was certified to the auditor b ;
the respondents.
The coil was alleged to have boon do
liveied on the cirs nt the asylum switch , bu
the number and initials of the cais on whlcl
it was alleged the real was dollvciod aio no
given in a siuglo instance. Dr. Knapp tostl
ties in olToct thut ho did not bellovo tin
amount of coil .charged had beet
delivered His bookkuupor testified ti
substantially the sHmo facts. Neitho
of them , however , communicated their sus
piclon to the ic&itondonts ICnapp after
wards approved the vouchcis and they wuti
appioved by the icspundouts and the war
lants Issuud The fact that an appropila
lion had been made to pay for this coal wa
not an adjudication of tliu claim , as tin
luglslatuio cannot adJUdlcato claims Stati
vs Unbeock , Ji-J Nebraska , ! H The -\er'
largo amount of coil uhargod sulllciunt ti
liavo supplied all the asylums in the stati
tor the tlmo oharjod curtamly shouli
hive put the lospontliuits upon inquiry
Thuiopoitsforco.it from the other publii
Institutions woio before tliom and , unlos ;
fiaudulunt vuuchois weiu sent in ft on
thorn also , of which thora Is no claim , < i
compirlson should have shown thu fraud
No examination was -niado , liowuvur A
specimen U soon In a Voucher for July , Ib'Jl
as follows ;
Just a Specimen ,
fatnto or Nolirualnllo > | iltul for tlio Insane , t
V\lillubrua t foul and Lliuu luinpuujr , dolilor
fienural I * uni
Julr ' . 31.CO ) pea . u | l 74 I yj t
July tj , < uuuuptt . , . . a I II at 4
July T , WXIoiuou . u u SAJ 7 U
July a , IISOJUpBtt . n 1 Tj 'JJ , i
July iu , a..woiump . o i sj iW ) i
Julr It , 4llMIun | . B I li .15 .
Jul ) II , 4JUJUIUIHII . u ; 5.1 61 t
Julr II , ll.UUUumii . a i M Ml
Julr 14 , lO.IXIJpj.i . a 1 74 , l ( i
Julr IS. n.ij canon . a U w u :
Julr I" , iUVMuua . a 1 7J 311
July VO , ftiliA > J lump . u > 6J 111.
July'j ; JOJcinon . u u 'JJ U :
JulrI , IOJJU1U | | > . a i 5J tl .
Juir2i , UJUIIIM ) | . . . . . U i U DJ ,
Julr ' 3 , TiMUJ | > ou . n 1 7J lJ .
July 'b , U1.1MI 1JOJ . u 17 : bll <
JJ1U :
I hereby certify that tlio above account I
for Hupplki actually furnUhud thu ubov
named institution
( blgu hurt ) . )
WlllTIIHII-AST COAI.i I.IHKCO.
JOl T. I'Dllli.l.S
Kxuuilncd aud adjusted , auditor public ac
counts per donuly Approvod-aecrotary of
tate pordotnuv ,
( Hlsn hero nlso )
Hccelvodof T II Itcnton , auditor of public
accounts , warrant No
WllltTIIIUMST COAIi & I'IMK 00.
JOIINT loita\N
Ill'Pt 1C VTK
llrnpltal for Iho tnmno , Lincoln. .tulyU , ! ,
IH'll I cnrtlfy tint thu within areount Is Jus ;
ind corruct and that It Is u proper and neces
sary uxpcnso nnd Ims nntbcon pild
_ , W M K'NVI-I' , Siiporlnti-ndent
Rt imltieil nnd approved Auicust a.IS'Jl by
the Hoard of Public liinds nnd llulldlmts , anil
ncoount to bo uhnigc'd to aiinroprlatlun for
find and llahts.
J. . ' Ai.nv ,
_ Secretary. I'resldent
riidiiried : Nnbriski Hospital for tlio In-
sniie , Mncoln , 4Nub , vonchur No JU1 0 70
wnrnnt Issuvtl on necoiiiit of fuel and Unlit to
hltubru ist Coal A. Mine < A )
T II HI.XTOV ,
Auditor of Public Accounts
Holts , Wcivor&Co , seem to bavo adopted
Iho Wlutobtinst stjloof vouehuis In Novem-
bar , IM11. The voucher for December , Ib'Jl ' ,
is as follows :
Ocnor il I'lind
Slitoof Nobrislta ,
Hospltnl for thn Insino.
To lluttsciiv er .x. Co :
To43l00totis pi a . . . $1 70 $ 7.18 2'J
To3iii-jo : tons lump a 70 H40 7'J
To 14,780 tons canon. . 000 BO 3.1
} 1,071 28
Approved.Tiimury 1,180J
Other vouchers In that form vvcro ap
proved.
Hnvr I'riiuiM VV'nro Illildpn.
Contracts for coal wore made every three
months and \Vhltobroast Coal t I-ilmo
Co , and Hulls. Weaver .S : Co , seem to have
monopolized the business I'mm October 1 ,
Ib'.IO ' , to December JU , 1VI1 , and tbo month of
Fobruatj 1S1U , the n mount uf coil alleged
to h ivo been delivered to the asylum at Ian-
coin vvas 17iVillH)7 ) pound ? and the amount
actually iccolvod , so far as the evidence
shows * was 7,5S'.IC10 ' pounds , leaving a shortage -
ago of 0Ji07 ; pounds , which cost $12sVi 17
Tito proof falls to show th it the tespomlonts
In any manner profited by these ftauds
The respondents Introduced evidence tend
ing to show that last October they submitted
Iho whole matter to the giandjmyof I/in-
cantor county and thereby sought to hi Ing the
guilty turtles to Justice. It is but fair ,
however , to state tint Covet nor lloyd 10-
qticstcd thum to 1 iv the matter bofoie tbo
irrand Juiy and It is evident that the matter
had nc < iuircd sueh publicity that It could not
bo avoided. On this ttlal they , In effect , deny
thu fuiuds , or that If such existed they had
any notlco thcicof In nnj foim and , thoro-
foie , are not cnarguablo thcievvlth , They
seem also to exhibit nu verj * filendlj'
sentiments tovvatd the witnesses by whom
the frauds woio pioved , and eoilalnly
showed no disposition to aid in piocuting
proof of the same.
Some icli inco is pi iced on Iho approval of
the asjlum olllcoisbj- the governor in his
message of Januuj , 1HU1 'I his no doubt , is
entitled to considutablu vv eight , but It could
not in nnj mannei excuse the tespondouts
from Iho oxoiclso of rcisonablo caio in
examination of asjlum vouchuis In ad
dition to this the land commissioner in
December , 1MH ) in his teport to thu govut-
nor , which is in evidence , bijs , ( p bli )
"Under the existing sjstotn of luimshing
supplies the appiouiiation iunds aiu lee
fictiucntlyusctl in keeping with that con
ception of cliantj whleh declares that it
'hideth a multitude ot sins' Items for
luxutics , pi iv ilcges and conveniences that
aio alone enjoyed btbo \ oflleials and thulr
fi lends aio too often cloaked in a claim 'foi
bo ird and clothing , fuel and lights , ' or t.omc
one of the other neeuss irj- funds appiopt latod
for maintenance of thu institution "
Overworked UlllclnUt
It is contended by tlio icspondents that
the business in their lespcctivo oflieos lias so
increased ti.at it is impossible to give atten
tion to many of Iho details ot business that
come befoio them and that they aie , thoio-
foie , excusable It is true thcro is a latge
amount of business in e ii'h of the ofllcus
named. This is a largo and growing statu
and business in all dep irtmonts Is constantly
incieasing. In the oflicu of the land com
missioner , however , thoic aio ten cleiks a ad
one deputj , which , with the pimcipal.makus
twelve poisons In thooflic'o of the SOIHO-
tary of state one deputjnnd two cleiks , four
poisons in all. In Iho attotncy gcnotal's
ofliee , ono deputy and a stenographer. If
thuso ofllccis need additional assistance , ii
thej will ptesent their claim to the legisl i-
tute , through the goveinoi , no doubt thu do-
siied meicaso would DO gtanted.
Tliebo facts must be know n to the lespond
cntb , and as no such application was made it
must be bieauso it w.ib not considered neccs-
suy. The business of the s' ite , howovei ,
must bo conducted inn leabonablj piudutit
and c.ueful manner , othcivviso the icsult
would bo chaos Suppose a muich mt or
business in m should urge the want of tune
to loolc after his bubinebs and , thurcfoto ,
neglects if the icsult would not bo uncer
tain. No defense of this kind can bo ontor-
lainud.
Fifth Ate these acts grounds foi im
peachment ! Suction 5 , article v of the con
stitution provides : -All civil ofllceis of this
btiito sli ill bo liable to impeachment for anj'
misdemeanor in office * ' It maj bo well to
imiuitc llibt what nio the duties ot public
oflicets' Dich ono bofoio cntuiing upon his
duties is required to take an oath tliat ho
will "faithfully and impaitlally perfoim thu
duties of his oftlcu accoiding to Ian and thu
beat of his abilitjAn oflicer is bound to
oxereisooulinaij'caio such as an otdinaiily
ptudentmin would excicibo in the minage-
munt of his own affaiis.
Oruiinds for ImpoichniDiit.
The icspondents are , to quite an extent
trustees They let contracts and ccrtifv
claims each year to the amount of neatly
81,000,000 Now shall this woik bo per
formed faithfully to the best of the ability
ot each as ho has svroin to do , or sh ill it bo
neglected and no examination m ido ? Thoio
Is considciablo conflict in tlio authoiUies as
to what constitutes an impc ichablo oflonsu
Under the common liwtho grounds of im-
peichmont are "nigh crimes and misdo-
meanois " In a number of cases under tins
law it has been huld that the cause of ac
cusation must bo a crime punishable under
the Liiinln.il law In ijiigland iinpoichment
has been to some extent considcied a mode
of tii.il to punish clime nlthou n a Judg
ment of gulltj was neb ir to an indictment
and conviction for the same offense In
this countiy , whllo some of the cises liold
tint to constitute an impoieliablo ofleiibo
it must bo such as could bo punished undoi
thu ciiminal luv , jot , in the nujoilty of
eiscs , it is hold that this icquirement is un-
nccossaij' , and wo aio coiisliainod to adopt
the intlor viuw.
Judgu Lavvionco in 0 Am Law Keg , Ml ) ,
In discussing thn meaning of the vvoid , s ijs.
"Tho vvoid misdemeanor h is a common law ,
a piiliimenlarj' and a nopular sense In a
pailiamcnlarj' sense , as applied to ofllccis , it
means maladministration 01 misconduct not
indictable " "Domoinoris
necessarily con
duct , " and inisdemcinor is misconduct in
the buslnos" of his ofllco It must ho In
mntteisnf importance mid bo of a ehaiactor
to show a willtul disiegatil of duty
Now , do the acts above icclted constitute
misconduct in olllcu''o aio not without
nuthoiitv in this stale on tint point 'Ihus
in Minidcr vs .State , 11 Nobiaska , 181 , a
county surveyor who acted on the honest bu-
liuf tliat ho had a i ight to ivmovu section
cornelscieitod bj thu govoinmunt to con-
foi ui to the fluid notus was found guilty ot
maladmliilstiation of bib oflicu nnd uunovud
In State vs Oleson , 15 Nobiaska , ' )17 ) , thu ru-
lalor vvas removed fiom thu ollleo of shurifl
forofllcial inlsdumuanois ami thu Judgment
wnsatllrmed It is liuu thu piincipil question -
tion in this couit was the jurisdiction ot thu
county coiiiinissloiiois to trj Ihociuso , but
thu cluuaiter of Iho olfoiiso was also to
somooxtunl Involved , In bt.ito vs Mouiter ,
ID Nobiaska111 , thu icspuiidunt w.ib removed -
moved from olllio by the county bond ol
Saline county for coi tain alleged violations
of the law and whllo an appeal was pending
In tills court compelled him to deliver oviu
the books of thu oflicu to the puison ap
pointed in his steid
In these cases thcro was no hesitancy on
thupaitof this court to hold that thuac
Judgments of removal vvoro valid Among
the grounds mentioned In the statulo for ro
movnl from ofl'.cu are habllu il or willful neg
lect of duty. Compiled atitules , chaptei
xviii , article II , section 1 An examination
of thu constitutional provisions of a nunibci
of the western st.ites will show that mlsdu
muunor Is cause for Inipuachmunt. Thus ,
htuto l.uva on thu Hulijurt
Sootlon 1 , article vll , of the Wisconslt
constitution provides for impeaching "al
civil ofllcurs of this btato for corrupt con
duct iu olhuo or for crimin il misdemeanors '
buetiou 0 , nrllclo vi , of thu constitution o
Indiana dcclaics that "All state officers shin
forciiuio , inoapacity or negligence bo li.ibli
to bo removed from ofllco oitho ; ir ? linpoach
mont * * or by a Joint iwioluiion of tin
general assembly "
Suction UO of the constitution of I llnoi
provide * that "The gpimrAl asstvnblv mav
for cause entered on Iho journals upon duo
notice-and opportunity for doiemo remove
nny Itidgo upon com.niivnco of throofom ihs
ol all Iho inomlieis of c.iih house AH
other oftleers In this article mint lotted shall
bo'enuned from ofllct on ) > roseefitlon and
Mini conviction for mlsdominor in oflke "
Section Uiof the ri.iistllutlon of North
Dikotn provides for linpoirhmcnl 'or "mis-
cnndiu t , milfeas nice , erlmo ot misdemeanor
or habltnil utunkenncss or gross incom-
potency "
Secllon 4 article \vl , of the constitution
of South Dakota Is the same
Section as , m ticlo II , of the constitution
of ICansis provides for Impoaclimont for
"any misdemeanor In ofllro "
Section ' . ' 0 , article III , of the constitution
of Iowa provides for ' iinpoachmcnt for any
mlsdeinoinor or malfeasance In ofllce "
Iho constitution of Coloiado sbeeilles
"high crimes nnd mlsdemianors or malfeas
ance In office " Section 470
Other stiles prov idu for substantl illy the
simo causes The provision in thoconstitu-
lion In this stale is biouder than that of any
of the stales named except Kansas Under
our constitution nny gross misconduct Is
causa for Iinpoichment. U would bo a violation
lation of the o ith of ofllco and of thu ofllcers'
fluty In that ie < pect our ewstliutlon Is
much hreador thin the common law tcim ,
"hlnh crimes and mlsdcmoinors " Hut oven
at common law the olTonso need not neccs-
svtlly bo a crime punishable by the cilmlmil
law.
Prerpdonti In 1'lnnty.
Alexander Hamilton In No fiTiof the Ted-
oiatlstsns "Tho subjects of Its Jmlsdlc-
lion are these offenses which pierced fiom
the misconduct of publlo moil , or In other
words from tno abuse or violition of some
publlo tiust They ute of a n ilnro which
m iv , w 1th peeuli ir propi lotj , bo denominated
political , as thcj iclato chlullj to injuries
done immediately to the soeletv itself ' '
llnmlltun's views arc gcnor.illj adopted In
this counlrj. In the eaily put of the pres
ent cunturj impeachment was the ordinary
mode ot tcmoving objectionable ofllcers
Thus m Mass ichusotto and some other stales
county officers and oven Justices of the peace
wctu Impeached In manv it not alt of ho
states at the present time the statutes pro
vide for a simple dhect proceeding in an
action in the nature of impoiuhmont against
ceitaln officers who su guilty of misconduct
in ofllco , and impeachment Is but ono of thu
remedies for that put pose , and In this state
as applied to u stalu ofllcor is the solu tern-
cdv.
cdv.Tho
The causes however which would cause
Iho removal of a county olllcer on the giound
of misconduct In oftlco would seem to be suf
llclent against a state officer. The claim
that thcie was no willful dlsicgaul of 1 ivv in
the penitentiary cell liouso Is cleatIj shown
lo bo unfounded The icspondents' dutv to
the stale was in the first lust imo to appoint ,
a cnpible. efllelcnt supoiIntondcnt , who
would protect the rights of tlio state , see-
end , see that thu state tcccivcd as fair
'icatment as other contractois in the em
plovment of convicts and puiciiasu of mi
tuilals , and to cxeu-iso a geneial supcivision
over the woik , and thiid to penult no
moncj to bo diawn c-xrept on eiiglnal
vouehcis of the persons piimaiily entitled
to the monuj , 01 their assignees In all
these lesjiects theio w is a fuilniu lo dls
ihaigo their dutj The el lim tint thov
knew nothing rgainst Doigan is entitled tone
no weight wh Hover They did know that
ho tepiescnted the pirty who could and
piobablj would piollt bj' his bc'ing supeiin-
tendent Indeed , the aigumcnt that tlioy
weio able lo hito him cheiuer thin a disiii-
tctested puty , is an admission of Ins unlit-
ness , as it shows that he w.ib thawing full
p ij for his sei v ices ftom Mosher at the s imu
time In addition to tbusu facts , u tub allow -
anco of an cstim Uo without a xouuhcr was
a violation of u dutj bj the icsponlenls by
which thej' wioiigfully and vvillfullj' poi-
mittcd Doigan to draw monoj from the
tteasurj' ,
Ciiinioc I'lcnd lunnraiif ) i > f thn l.uvr.
Somu attcnit ] was made to ptovo usage as
a defense to some or all of thuso ch irgcs
Hut the authorities aio uniform thitiibige
cinnot bo proved to aflltm oreontiadlcl the
oxpic'ssod teims of aiontiautvvhuio it would
result in violating some positive tciiuiiume.it
of si ituto Hogeis' jjxport lesiimonv ,
second edition. 'JU " 73 nnd cases cited. It is
veiy cleii that proof of usage cannot bo con-
sldoied , othoiwibO wo miglit bo asked to
sanction thu us igo at aslum of the sw itch
Cimsuleiablostiessis laid upon the good faith
of the icspondents in committing these aets
Tins question was befoio this couit in
Cobbjs Huiks , 11 Nobi iski , 101-11) , ' , in an
action for taking illegil feeIt is said
'The pen ilty meuiied by this act mav bo
incut led bj exacting lues which aio sup
posed at Iho time to be- legally duiu indable
Hj thovcij words of the piohibitmy clause
Ihu liking is tlio gist of the oflunso Ignoi-
nnco ol thn 1 in will not excuse in any ciso ;
and this pimciplc Is applic iblo and vv ith ir-
tesistiblo fotce to the ciso of an ofllcor sc-
lected for his capacity and in whom ignoi-
ance is uni ] mlotmblo rl ho v cry accoptinco
of thooflleo e.itnes nitli it an asset lion of
a sufficient shaio of intelligence to cniblo
the p uty to follow a guide , provided for him
with an unusuil attention , clearness and
pieclslon On any other pimclplo a convic
tion would seldom take plieo , even in causes
of the most lligiant abuse ; for jnotoxts
would never Do wanting " It may bo s.inl
tliat the people , having elected these men ,
their will should bo tespoUod aud they
iliould not bo ousted for the offenses
chiiged. In every vote I h ivo given in this
court 1 h ive favored ciiijing out as far as
possible tlu will of the people as oxpiessed
tinoiuh the billet box , but the simo con
stitution which provides for the election of
olllcois and for a tliseh ugo of the duties of
the olllceis , also provides for tied ulng the
olllco vac mt in case of actions willful , mis
conduct in othei words , wlioio thuolllcui
fills to faithfully perform the tiust lomuul-
ted to his h intls The doctimo has been ap
pllod in tqiiity from time iii'inemoiiil Thus ,
if a tiusteo misbehaves many wajto Iho
dcti imcnt of thu estate ho maj bo lemovcd
ll > puto Hevnolds 5 Ves , 7U7 ho , if lioic-
fusu or neglect to oxccuto the tiust It is
cause foi lumoval
All < f oinlnct In Ollli ii.
InioMooh Hank 2 Hub , lib DcPuj-
ster vs ClcndingK , pigui ! ! ) > Puiiyon Uusts
No 111) ) and cases cited This i nlo li is bc'on
apjilieil li\ this tout t agiinst infoiloi olllieis
in a number of instances 'J Inia in Hunks
Hopkins , 5 Nebi.uka , : ! l , it vvas held th it a
cloik of thu dislnet couilwas li iblo foi tlam-
nrres occ isloned bj his negligently and caio-
lessly tiklni ! insuflluiont secuilty Whllo if
lie oxeicised a leasonablo dogieeof caio in
the poiformaneo of his duty ho was not 111-
bio In Pox vs ' .leachim , 0 Nobiaska , fill , It
was huld that w hoi o n justice of the peicu
MOlatcs the Jaw ami abuses his autliotlty lethe
the Injury and damticu of another , ho and
his suiuties are liable on his bond for Hiieh
damages. I know of no loason why thu
same nile , which would hold a county officer
llaolo for damages or gulltj of an ofTenso for
which ho might , bo removed , should not liu
applied to the slate oflKeis The cliugo in
butli c isos is Hiibstantl illjthu samu , vi < ! ,
miscondiut in oflleu
If a county ofllcei is guilty no ono willuigi )
as a luison for condoning the olTe'iisi < thai
Ihu iccused was elected to tlio ollleo ,1ml tliat
Iho people would bu deprived ot his soi vices
by his lomoval ; and I know of mi good tei-
son wh.v the same tulu sliuuld not bu applied
vvheio the ofllcor Is elected by tlio entiio
statu. It is sild thu icspondunts acted Ju
dicially in approving accounts and , thoio-
lore , aio nol liable for their acts 'i ho able
attoinovs for the tuspondenls undo no claim
ol tills kind , and thciefoiu it is evident they
did not luly upon it.
Wlllimit .luillubil 1'iiunr ,
If , in approving accounts , they act Judi
eiilly , In order to jirotect them Ihuro am
Unco lliiugs vvliluh must concur. I'usl , llic
claim must bu onu they aio authuiUod to
audit , * second , It must bo presented In tha
form of n bill or toucher allowing the debt
and vvh.it It Is for olhciwUa the Iw.ird would
bo llko a Judge passing upon n matter not uo-
fore him , sm h as a matter not put In IIMK ,
and thiid thestnhito makes It th. ir dutj
to Investigatoeierj ehlm The protection
ac or > led to a judco ngiUunt a pi hate nttleu
dnes net apply when he Is on tri il under si > o-
cltU cliirgesof Impoadiincnt. Lvena judge
of this couit could not plead , pro-tut ion
ngilnil such charges In such case hU cm-
duct ami general manner of londtkt ting his
business n.nj . bo Imiuired Into anil If ho i
found guilty of mlsoouduet on anj of the
chntees ho nny bn dcelated gvnUv Hut no
Judtclil ofllcer Is protected when ho exceeds
Ins anthorilv , and these lespondentsuy
cleirly , In all that the\ are chirgod with ,
acted cither without authority of law or In
excess of such authority Hut in inj view
their duties are not Judlelil In Ihe'piopor
sense , thov do not allow accounts Thov
tneicly Investigate or should Investigate the
voucheisand the soveial Hems thetouf to
see Unit thuy conform to the contract In
other words , the duty of the boird Is to lot
continsts In a speclil manner , nnd when
vouchcis a.'c picsenied under such contracts
which , upon evamlnvtlon aio found to bu
eoricit , they aio loceillfv the same to thu
auditor Tlioccitillcato Is not a final unlcr
from w hlch an nppe il w ould Uo and Is not a
Judicial act. It will not bo sciiously con
tended that nu oftleer who negligently and
Improperly eeitlllea a fiaudulunt account
which it was his duty to Investigate , or who
Utilavv fully dtiws money troni Iho treasury ,
Is protected from the consequences of hU
nets , and so far as 1 am awnio , no case so
holds.
The iiilo announced In the case , It seehis
to mo , would hive protected Pweed from
prosecution Yet wo know thai ho was
tiled anil convicted of obtaining monoj from
Iho eltj of Now Yoik upon tlcllllous claims
allowed against Iho cllj by Iho proper
nuthoutles. and tint suit was also
brought In behalf of the people to toeover
the motley so obtained Inl'eoplovs Tweed ,
( U N. Y , I'.i'i ' ' , the petition alleges tint
Tweed was picsldcnt of the Hoaid of Super
visors of the county of Now Yolk and "pro
em ed various piutended cl ilins to bo made
up , purpoitlng lo bo llibllllles and amount
ing in the aggiegale to $ D UMlVi7 Itt specified '
In a sclu duiu annexed , whleh was pi csented
and bj the piocmoiiionlof the consplratois
was ccttilled lo bj the tlueo iiudltins
named , " and It was huld that the action
could bu mainl lined.
OIIIHnl linpriidcncr.
Proof vvas Inlioduced on bohilf of the 10-
Sondenls ] lo show that Doigan , Knapp and
otheishnl given Ixmds to the slate It Is
evident that nimo of these bonds will cover
the nclu il loss to the state , and ovun If on-
foiced would be in In nlequ ito icmedy Hut
the giving of the bond b\ the oflieer does not
exempt him from the porfoutmnco of his
dut > nor lolievo those who supci intend his
aets from a faithful supervision of the sime.
The livv imposes the dutj of supci vision
"with aieasoniblu doeico of c.ue" 'Ihu
dutj' of an ofllui is stated bj .luiigo r > ike in
Hiockvs Hopkins , supia , th it ho exoiclscd
a le.isomble tlegico ol i.iro in the pei fet m-
anco of his dutj It scums tn mo the ic-
spoilJents whollj failed In the puifoimanco
of their duties in thu cases spucllled in these
chaiges , wheichy the stale , dining the ten
months th it. Doigan vvas siipeiintendent ,
lost a luge sum of monov , piobibh not less
thin $15.000 , and § H for tcsuttiiif , ' Iho
bolleis , which v\as nol a nebt of tl'e statu ,
together with the sums drawn by Hop
kins and Ho\\o to go to Pltlsbuig and
tbebO icspondents to go to St Louis , in nil
S-'iM ' The ovcipijments for coil , all in six-
luen months , exceed ? 1 ,000. An oiilinaillj'
puident man would have lequlicu the
Aoiich'TS to bo In proper foim , giving tlio
numbeis and weights of the several cats.
Them are telephones in all of the public
buildings , so th it it would li ivo taken but a
moment to in iku the piopcr infinities in re
gard to Iho coil and protect the intoiosts
of the btate , but so far as tbo proof shows
such infinities weie nut madu In asmglu in
stance
A public oflicer , Illco any other servant ,
should be faithful to his omiilojcr to see that
in all m ittuts under his control the master
shall not. be dufi.uitlcd In other wouls , ho
shall ho faithful to his tiust , not as an ojo
servant , but in thu sight of God Th vt is , in
olfe'et , the oith that each oflicer takes to
faithfully pcifuim his duty.
Would llu u Premium nil DKlionrsly.
, Our public inslitullonsshould bo conducted
on business pimciples and without fuir ,
favoroi favoiitism , ami no monej should
hodiawn fiom the tio.ismj except in stilct
puisuinco of liv\ If thu 101111 should ap-
piovo or oven condone the ceimucl of the
respondents in these i ises , the Inllueneo of
the decision will bu left ia oveiv dopittmunt
of business in thu stvteas tending to weikcn
tbo sense of faithfulness ot public olllceis
and cinplojcs , and in uvuij way ptove tlotil-
mental to tliu best Intel ests of soeiety.
'J hero is an abundance of men in the bt ito
who can , and if the oppoitunity is given by
their selection to the offices filled by the
respondents , will , failhfiilh loolc aftei the
intoicsts of the statu ; and as the icspond-
cnls ha\o failed in tint ro ard the charges
are well taken and should bo suslalnud , I
Ihuicfoie vote guiltj' as chaigod.
Will Opi > ii the Diior tn I'rauil.
I feir the icsiilt of the decision , if adhered
to , will bo to upon a door to Iho giosscst
frauds in thu public institutions of thu stalu.
A number of witnesses for the state tostiliud
as if under constami and there soeinod to
bu powerful inllueiiceH afleeting some of
them aside from thu immediate friends of
tbo lespondents at woik in their favor The
respondents , of couiso , aio not losponsiblo
for these influences , but it Is mj duty to
mention them
ui.r.ui itio t r jv 01 ; ; ii.
Conti lets hare neon signed foi the con-
stiuitionof aneli'ctil , uud at Hilh.Mo. , ' ,
and uoik will commence nt once ' 1 ho road
is to he. in upeiatinn bv Auiriist
IMlsnn fixhlblts bib .luiiibo i lei tile engine ,
the Ingest , in the vvoild at th Chicago ex
position Jumbo vvas also exhibit-id at thn'
Pa i Is exposition in iss'land ' caimod great
sin piisu annmg I'lench eh i Itiiians It can
maku dO ) i ov oitilioiis a mlnutu
The questioner piioiitv in elm trie light' .
Invention li is niun been i.ilsed , and ills ,
slid that i dison is in dinger of losing his
lain els While J/lisun is vutalivo It will liu
illllli ult , to displace him from his piosent
position in the minds and hunts of the pee
ple. After ho is dead , Iconoclasts of thulypo
that would overthrow Columbus and .Shako-
apeire miyseuk to find a man lo take the
place of Kdisoii Just now the nlccttical
vvl/ard stnndb almost at tliu liuad of Ameri
can genius , and hu has thought to uland
theio
A now use has been found for electricity ,
Llko the Inimmoiablo cither JMII poses to
which it has been put , its now application Is
s lid to In ) an immnimu improvement on thu
old method of accomplishing thu end in
vlow Hy its adoption in kit kilns are to hu
abolished anil tlio ilij transfoimed Into
biii Its by the tiansmlsslon through Iho
molds of a very strong euiicnt of uluetrlclty.
No doubt is enteiliinol i eg u ding tlm
rfrictivonoss of the plan It has been sub
jected to the test of practical expoiliiiont ,
an 1 ill success proved bujond diapulo.
H T Avails , a jovvelnr of Goldmi , Cole ,
after nlnu juus haid woik and constant
studj , 1ms Invi utod a thick which has rh u-
li icily for Its moll vo power His the only
actuil bluett In clot k thu Inii over boon pio-
ilueud with cleiitrlclty fora moth u power.
This t lock In question has neither weight
nor spiing , but consists only of tlueo wheels ,
a pendulum , two 4-luctrio magnets and a
b Ului j Unhko any other clook Iho motlv o
power K not transmlllcd to thu tialn hut to
the pendulum nnd only enough powuilsio-
quiie.il to ovcicomu thu lost motion of the
pendulum. ]
IIAVUONP ,
1HK JhtYBUU t.
THOUGHTS OK MAKKIAGJ5
Of your best friend will be far more pleasant if you
have selected a handsome wedding present. If you choose
from ourcollcction you will gratify your table at a mod-
c rate cos.t
RAYMOND ,
AND UOCTflkAJ ,
