Omaha Daily Bee Newspaper, December 18, 1890, Page 5

TfiE OMAHA DAILY BEE, THURSDAY+DECEMBER 18, 189%0--TWELVE TRUTH RISES AGAIN. After Faving Been Orushed to Barth by Owaha's Defamers, E. ROSEWATER ON THE STATE ELECTION. Hon, Church Howe Antagonizsd the Repub- licans of Douglas County. THE BANKERS' AND BUSINESS MEN'S ASS'N It Performed its Work Without Aid from the Whisky Trast. NO POLITICS WITH NATURALIZATION. Election Day Was So Orderly That the Witness Retired at 4 O'clock p. m. and Slept Until After Dark. The three-cornered contest over the guber- natorial and state ticket which has been in progress in the city for several days was re- sumed in the real estate exchange yesterday morning and continued throughout the day. The number of people in attendance was con- fined, in the main, to those who wers actively engaged in the work of the contest or who had been subpenaed as wits as onc of the latter had ¢ branch his experience on election day, he was hustled toa second, and finally te a third board to detall in different terms the story ‘which he had first recited. As on preceding days, the contestants sought in every way to make it ap- pear that Omaha on election day was at the mercy of a bloodthirsty mob. Their efforts, however, were not rewarded, because it was made apparent through the testimony of business men, professional gentlemen and divines, known throughout the country as well as throughout the state, that Omaha and no other city of its size, which has ever voted on s0 important a subject as this city had on November 4 last, had ever wituessed 8o quiet and orderly an election. It was so quiet in- deed that, at 4 o'clock in the afternoon, Mr. E. Rosewater of Tur Bee was encouraged to do what he had never done before on election day—go home, go to bed and sleep until after 6 o'clock in the evening. The testimony in the soveral branches of the contest wili be found below, with the ex- ception of that of Mr. Rosewater given be- fore the contestant’s notary, which will ap- pear in tomorrow’s B Mr. Rosewater’s testimony in the general ticket contest is as follows: *1 think Tuesday night we were on thesub- ject of what occurred in the republican state convention,” said Mr. Allen., “Omaha, or Douglas county, had a representation in that convention of some sixty-nine delezates.” Q. You may state if it is not true that the nomination of Mr. Richards occasioned very froat dissatisfaction upon the part of the ouglas county delegation and very bitter expressions of denunciations? .—The method by which Mr. Richards was nominated, and particularly the foisting ugon the convention of Church Howe as chairman, brousht on a great deal of bad feel- ingin our delegation; we understood that Mr. Richards insisted on making Church Howe the chairman of that convention, and Church Howe's rulings were very offensive. The nomination itself was not regarded in that light; as & matter of fact, after some little time the delegation voted to make the nomination unanimous; I think there were but two or three of our delegation that— Q.—Is it not true that in that convention very bitter speeches and remarks were made by members of the delegation from Douglas county ! A.—Yes, there were some bitter speeches, but they all tended to one point, and that was Church Howe’s method of handling the con- vention. —Did not those speeches go to the ex- tent of threatening the candidate that was nominated for governor? —AThere wis 1o reforonco made in the speechies to the candidates. .—Were they not denunciatory in char- acter, and were not the threats of the Omaha delegation that they would bo heard from hereaftor] A.—Noj there‘were two or three men—Christ Specht and Charlic Wehrer and perbaps two others, 1 don’t just remember Which, there were sixty-nine of us and all resent, that refused to make Richards’ nom- nation unanimous. They regarded Richards as favorable to prohibition, and the fact of Church Howe being made chairman, and Church Howe having forced through the pro- hibition resolutions in the convention two yoars provious, was the cause of all the racket that we had there. %Vw«e there not speeches denunciatory to Mr. Richards made by Mr. Mercer and Gurley, both before and after the nomiha- tion?~ A.—I think Mr. Mercer worked for Richards secretly, and helped to nominate— Q.—I am speaking of what occurred in the convention? “A.—They made no attack on Mr. Richards, but they did make attacks on Church Howe, Q.—Isn't it also truc that the deleation from your county in that convention practi- cally monopolized the convention,occupied the attention of the chairman and officers of the convention? 1 was out of the convention the greater o of the time with the committeo on reso- utions and do not know what occurred dur- ing that ume. .—Isn’'t that true, Mr. Rosewater, after ou returned from the committee and from he timo you returned from the committee and made your report until the convention finally adjourned A.—The report of the committee brought on sou.e little discussion because there were two or three separate propositions that were submitted, and I myself occupied a part of tho convention in urging the adoption of the minority report. For instance, on the reso- " — <lution on reveuue I wasin favor of putting lumber, salt and coal on the free lst, and this part of the platform stood seven o olshg elght against nd seven for, and I made & report for the minority; that occupied quite a little time, and it was finally disposed of. Then they procoeded to the nominations and there was coysiderable wrangling, but_I think that the others, as well as the Douglas county delegation— naturally they probably had more talking material with them than the other delegates, Q.—Isn't it true that the only manifesta. tions of feeling of hostility in that conven- tion was u‘mn the part of the Douglas county delegation A.—1 think there were some others, I could name some; there was a good deal o feeling in the Hitchcock county delegation. Mr. €Vuhstur was first pro) as the temporary chairman of the couvention, and Mr. Richards paid no attention to him, or at least tried torule him out of the fight and there was a good deal of feeling by Webster and his delegation about that. Q.—So far as the speech-making is con- cerned, or giving expression to any feeling, isn't it true that it was confined almost wholly to Douglas county? A.—There was a great deal of Douglas county : I think Schminke oc- some little time for Otoe county. . —Before that convention did yon have any intimation that Boyd was a candidate or probably would be a candidate for governor?! . had eral intimation that he ate, but nothing that you— .—Hadn't it been the general talk of the city of Omaha that he would in all probabil- ity be the democratic candidate for governor A.—Thero was a general idea thathe might become a candidate and then four or other tioned. men Q.—Isu't it true also that & large portion of the Douglas county delegation in_the repub- lican convention ‘that nowminated Richards su) Boyd at the polisy don’t know anything about that, be- causo 1 had no dealings with them after that. Q.—Your business and contact with theso gentlemen would afford you @n opportunity to kunow, would it nott A.—Yes, sic, it would afford me some op- portunity, but I was really out of town the groster pirt of the time before election, aud atleast two or three days prior to the my was_oceupied in orgamuzing tion of Mr. Boyd for ‘matters all over the state; getting last ro- ports in gml looking after— Q.—DByon know of any portion of that aelegation supporting Boyd?! A.—I don’t know of any particular indi- vidual, Q.—Do you know in a general way of their Il‘mlllng moral support or aiding Boyd's can- vass A.—1 think some of them were dissatisfled with Mr, Richards ot expressing bimself fully. I know that some of the men, for in- stance, that actually refused to ratify his nomination at Lincoln worked for him here— this man Specht, for instance, turned in and worked hard for Richards. Q.- Isn't it true that Boyd was a pro- nounced candidate for the democratic nomi- nation before the republican state couvention was held! A.—Not very prohounced: the republican state convention was held several weeks be- fore the democratic state convention and so far ns T could learn Boyd’s candidacy de- pended very much upon whether Van Wyck was nominated by the alliance peo- ple or whether they nominated some other man, I remember that after the alliance or independent people had nominated Powers, then Boyd talk became more loud in Omaha, and he felt confident, or his friends for him— I have talked more with his brother than I have with Mr. Boyd himself; his brother is manager of the theater and sometimes I would talkk to him about the general outlook of things, and all I coutd gather of the idea that Boyd had was that the nomination of Powers would give a very good chance for the democrats to carry the state. .—Yon know Boyd’s friends inteuded to andidate of him1 ~-Yes, sir, Q.—And you knew Boyd was favorable to that movement himself? A.~-No, 1 did not know, but I think prob- ably if he had not been he would have not beeu a eandidate. Q.~Did you have any talk with Mr. Boyd himself before the republican state conven- tion{» A.—1 think perhaps I have talked with him. Q.—On the subject of his probable candi- dacy for governor? A.—No: talking with him on general prin- ciples, on the situation, probably. Q. 't it true that long before the re- ublican state convention it was the general belief in this city that it was essential that Boyd, or some man of like popularity, ehould be the nominee of the democratic ticket to carry the full anti-prohibition strength of the statel A.~I don’t believe that the people here gave the remotest attention to that. (\\msthm at that time; they expected naturally that the republicans would carry the state as they always have heretofore. Q.—Was Boyd a member of this State Bankers' and Business Men's association ! A.—He was not. lQ.'—w.h he a contributor to that organiza- tion' A.—I don’t believe he was, but I don’t know, as I never saw the list. Q.—You never saw thelist of contribu- tors' A.—No, sir. ¥ Q.—You would not be able to state as a mat- ter of fact whether he was or not{ A.—No, I never talked with him about it. R.—What organization in this city or else- where in this state did that State Bankers’ and Business Men's association contribute money 1 A.—There was one organization that I know of only, and that was the Personal rights leagué. The arrangement with the Personal rights league, as I understood it, was that they were not to collect any monoy in the city of Omaha from our business men and property owners, but we were to have ~ tnis = field untirely -for the Business men’s association, and in consid- eration therefore, we wore to pay their ex- Ecnsns of printing and traveling men. They ad four or five and maybe six men m the field, and they managed them all by them- selves and ~ simply - brought in their bills ot expenses and .these bills were paid. I would say, of course, if you call & party an association—that is, & political party an association—there was another party that we paid money to, if that is what you want to know. Q.—The Personal rights league or the Personal Liberty league, which Is it] - A.—They called it ‘the Personal rights league. Q.—That was tho association Bankers’ and Business aided financially? A.—They co-operated with them because they were engaged in the same work—com- batting prohibition. .—-Isn't it true that the State Bankers’ and Business Men’s association furnished all the means that was used by the Personal rights league or association, whatever you call it? A. Idon't believe they did, because I think afterwards we discovered they had collected money from certain parties notwithstanding the original argument, Q.—Can you tell in round numbers what sum was furnished the Personal rights league ay l%m Bankers’ and Business Men’s associa- ion A.—Between four and five thousand dollars, perhaps a little over $4,000. Q.—This was used in making a canvass of the state, sending out speakers and paying the expenses and other 1acidental expenses of the canvas? A.—It was used prinoi- pally in printing letter heads and documents and circulars of kinds, and translating speeches of forergners; also for the travelers or organizers of the per- sonat rights league, who went about thestate, It was also an understanding between us that no political speeches were 1o be made, and no partisanship was to be allowed. Q.—Isn't it true that the persenal rhts league or society either ratified the nomina- vernor or mominated him themselves for the ofice of governor? A.—It is not true that they nominated Boyd for governor, because the democratic party nominated him. I doo’t know what they did because I am not & member of their society. Q.—Do you know whether they ratified his nomination or not? A.--I do not. Q.—Is it not true that Boyd was sulipomd by the members of the personal rights league? A.—I am not a member; I canuot tell yout 'Q.—Do you know from conversation with the president or any officer or leaders of that organizationt A.—1I had quite a controversy with the president of that assoclalion over that very matter. I denounced their inter- fering in politics or making a nomination asa blunder; we were for anti-prohibition and did not want them to take sides on other questions. . Q—But they did take sides? A.—They 'were disposed to take sides, but I bave no knowledge— Q.—From what he said or members of that orlfnnlzullon said, you know Lhu{l did take sides? [Several objections were here inter- posed, finally it was said.] Q.—Now, you may give the names of the officers of the personal rights league, if you have them, A.—Louis Heimrod,I think, was president of the I e, but I was not asso- ciated with the other officers in any way to familiarize myself as to who the officers were, I kuow who the agents were in some cases, the traveling—— Q-—What partdid they take in the electionin this city on November 4 last? That is, what part did this association take! A.—I could only tell what I. saw, I can't tell what they arranged privately. 1 saw some of the mem- bers with badges on on election day standing at the poils und peddling tickets. Q.—Isn't it true that,as a society generally, they supported the democratic state ticket and opposed the amendment! A.—I thuk that the democratic members of the league !ug‘lorwd the straight democratic ticket, and Ithink the republican members scratehed their tickets a good deal and voted for some republicans, because I know they seemed to vote for Benton and for others on the repub- lican ticket. . Q-—Isn'tit true that asa whole they sup- ported the straight demoeratic ticket! A.—I could not tell you. Q.—What is your judgment of that matter, upon what you saw and your knowl- edge of the society! A.—I saw a number of the tickets that they had and that is the only knowledge I have. 1saw they were scratched and that they had a variety of names on. Q.—What other moneys were expended by the State Bunkers' and Business Men's asso- ciation, aside from what vou have already enumerated! A.—We paid $600 to the state committde of the people’s independent ticket under an arrangement made by myself with its cbairma Q.~By Darnell: Give the name of the chairman? A.—Mr. Blake. Q.—Georgo W. Blake! A.—Yes, sir; Mr. Blake called on me at the office herein Omaha and agreed with me that he would cause half of the tickets of the alliance to be printed against the amendment and half for; that was all we asked, and efor that consider- ation I agreed we would pay him $600. I have uot seen the money I.n‘d and I don’t know of my own knowledge that it was paid, but I be- lieve it was pald. Q.— You made that on behalf of this asso- that the men’s association ciation? A.—T did make it on behalf of the Bankers® and Business Men's association. Q.—Was no arrangement of that kind made with the democrata? A.—1 did not make thas arrangement, but I understood somebody else—I am not certain about that, Mr. Pax- ton or somebody arranged with the chairman of the committes to pay them $500. 1 am not certain that that is so. Q.—Aslde from any money pad for the procuring of uaturalization papers, and paid 10 the respective parties for the printing of tickets, and the $5,000 or £,000 paid the per- sonal—— A, —Between $4,000 and §5,000. Q.—Whatever it mnay have been that was pald the personal rights league, in what other manner was this money expended—the 812,000 or $43,0001 A.—Mr. Rofi n received a salary of a month and his traveling exvenses when ho_was out of the city; he had been employed from May to November, and our organizers, we had something like eight or ten of them —— Q.—You may give thelr names right here, it you willl A —I have their names here and probaoly I might as well submit them; I had them written out: A.S. Campbell of Hust ings, n democrat; K. M. Pickett, jr., of Ash- land, a republican; T. S. Clarkson of Omaha, & republican; Capt. Wilcox of Omaha, & democrat; J. H. Erion, South Omana, repub- lican; 8. G. Bshrem,‘!‘rmnkl\n county, a re- publican ;: Mr. Lopsa of Wahoo, & republican and Bohemian organizer; Mr. John Matthies- sen of Omaha, a_republican, was_the Danish organizer; B. H. Blenburg of Omatis, 8 ro- pu lican,’ was the Swedish organizer; . M. Wells of Crete, a republican, wias one of the organizers; Stanley Thompson of Kearney, a democrat, was another; Charles MacPherson of Arapahoe, a dernocrat, was another; T. H. Cooke of Lin- coln, a republican, was another; Amos Jen- nings of Falls City was another, a repub- lican; Carlo Witte of Niobrara, a republican, was another. These men received all the way from $150 to $300 every month and their expenses, and they were employed during the campaign, some of them a month or two and some of them longer, and it required large amount of money to pay them. Q.—What number of those persons be- longed to the personal liberty leaguo! A.— I don’t think any of them. Q.--Mr. Mathiesen, I undorstocd you to say i’rsmrdny was a member of the leaguel A.— think not; he was a member of the Danish society; I think he was one of their officers. Q.~How about_Stenbergl A.—Mr. Sten- berg, I don’t think was a member; he isa prominent Swedish citizen and consul of Sweden here; he is a real estate dealer. —I8 Captain Wilcox a member of the nal rights league? A.—No, sir. Q.—Major Clarkson? A.—Certainly not; he 1s postmaster here, Q.—You dow’t pretend to know who the members were! A.—I do not know; that you will'have to ascertain. I am not a mem- ber of the league mysolf. Q.—Mr. Erion of South Omaha was nota member? A.—Heis an American; no, I think not. Q. Aside from what you have already enu- merated, whit money was expeaded? Thatis, 1 would like to have you go on and give the expedditures of this entire Banker's and Business Men’s association that was expen- ded, and when and when and where and to whom. A. I told you in the first place that T never saw the contribution list and financial books and so I can not tell & thing about it except 1n a general way. Q. Was there any money received in this city 1n the months of June, July and August this last year from what is iuo\vn as tho whisky trust? A. There was never any money received in this city fromthe whisky trust, Q.—By nobody?! A.- By no member of the Bankers and Business Men's association. Q.—Wero no contributions made either to that society or any other organization of in- oividuals? A.—Iamnot a member of the whisky trust and cannot tell you; 1know they did not give us any money. Q.—Do you know of & $15,000 draft being sent here in June last? A.—There was no $§15,000 draft sent, here, Q.—There was none? A.—Nor a $1,500 draft, nor a $15 draft. Q.—Was there a draft sent here by them in July! A.—No, sir. 8,—Nor in August? A.—Nor at any time, — Was there no contribution to this fund of the State Business Men’s and Bankers' association from any outside partiesi A.— That I don't know, as I told you I had noth- ing to do with the finances, but I know about the whisky trust because it was under con- siderable discussion. Q.—Do you know whether any effort was made to procure money from the whiskg trust! A.—I do remember of talking witl some members of our association that they had expected money from them, and some of them were trying to see whether they would contribute, Q.—Do you understand whether any was received or not! A.—There was no money received, so far as I can learn, by ourassocia- tion from the whisky trust, There was, I think, $3,000 tende and rejected. Q.—Tendered by whom? A.—Tendered by some of the whisky trust people; I think, perhaps, it was through ller. 1 advised our people to reject it, and it was rejected. Q.—Do you know whetner any money was contributed either directly or indirectly by parties outside ot the state to assist in this campaign against the prohibitory amend- ment! A.—I cannot tell you, because I have nothing to do with the finances, only as to the whisky trust, and that matterl happened u‘) know about because it was under discus- sion, Q.—Where was that subject under discu sion? A.—Of course, charges had been made in the papers continually—in fact, charges had been made that I was getting $100,000 and $50,000"and the fact is we never had at any time more than $8,000 or $10,000 together and were always skirmishing for more money, Q.—I don’'t care anything apout these charges, what I want to know is whether this matter was brought up and discussed in the society or not? A.--It was discussed merely to the exteut of talking over the hoggishness of the whisky trust in offermg us $3,000; we thought if they were going to do anything here as they were indirectly interested in tho amendment, but I came fo the conclusion that they wanted prohibition because their men were humbugging all the time and re- ally did not give us any assistance. .—{ understand that on election day you attended several rll‘ng precincts, or many of themi A.—I dud. Q.—You may state what you observed If anything, with reference to the personal lib- erty league using mfln{la: or vehicles in getting voters to the polls. A.—I realiy did not pay attention to the carriages around the polls, but there were carriages of all par- ties, democrat and republican, but they were not marked personal rights league ages, 1 would not know whose carri: they were, I saw men standing around dling tickets. Q.—Isn't it true that the personal liberty league carriages and the Boyd oavri ‘were one and the same thing! A.—I could not tell you; I don’t know anything about that, Cross-examination (by _Hall) — Q. — You stated yesterday that tho Bankers’ and Busi- ness Men's association was organized solely to fight probibition. That 1s true, is it1 A. —That is all the object that we had in view, and it was very well understood by all the members of the organization or committees mlnl..“pollflcl were not to enter into our affairs at all, Q.—Was there ever at any timo during the campaign prior to the 4th day of November any action taken by the Baunker's and Bus- iness Men's association or any of its men for the purpose of getting any votes for any can- didate upon any of the political tickets!® A.— There was not a dollar spent for any partio- ular candidate, for we were on zood terms with all parties in a zeneral way. The so- ciety had uo intnerest in electing any oua, at least as a society, and never attempted to in- terfore in the election of any one. Qfi—md you during the campaign meet with evidences of the use of money by organizations or individuals in the further- ance of the adoption of the prohibitory amendmenti A.—Well, during the entire caw) were documents circulated and requisitions made upon people here and elsewhere for money for the Nebraska cam- paign; I have some of the documents that were sent out; members of congress were even importuned to send money to Nebraska 0 huvmy the amendment, and the New York Voiee, that is a paper published {n the interest of prohibition, made an_appeal to all the sympathetic people of the United States ta coutribute, and they tell in one of their issues after election that over $40,000 were sent 1o Nebraska by that paper alone. Q.—Do you know of the existencesof any orlnnl!:;uon nl‘n wafim': of b;ag‘ruhnh;or the carey! on of work in favorof ti bitor; smendment! A.—I know of W'gl"‘:‘ nr!_i: sations in the state. There was the Woman's Christian Temperance union, the Nou-par- tisan league as they called it, au assoclation with headquarters at Liocoln, the Good Templars' ~association, all of which was 'heir campaig 0 yours, wasn’t it} speakers throughout;dhe state? A.—They sent organizers and speakers; in fact, I.b:s bad & hundred ° our one. We h only two or thrée persons the entire cam and not less than tawe that were paid, as I understand, for the ordi- nary class $5 a nightiard board themselves for overy locture they.dalivered, and others a8 bigh as from #50 to £00 for every lecture they delivered, and ‘Stump speakers were everywhere all over tho state, and organizers that were pald —we had sou® offers from somo of these organizers, from some of their hired speakers that''they had imported. Smith 8. Maekins, I wimember, was one of the parties that got tged of playing music— they introduced a little musical entortain- ment for the edification of the people—and aftor they had been playing and singing for the proh{bitionists they were willing 1o sing the other way, but we did not hire them. . —By Allen—I suppose they required a littlo advance over what the prohibitionists were paying there! A.—Probably, Q.—In_reference to the naturalization pa- per of those foreigners, have you any recol- ection of any of tiose papors being deliverad from your office after the 4th of October and within the thirty days next preceding the election! A.—1I ‘remember now that those pers must have been delivered betore tha use all those papers were taken out of our office bofore the registration took place; all those people had to be registored and the papers had to be presented to the registrars: the parties called for them at the office before thm‘lnrmon began and while in progress. Q.—When did the registration begint A. 1 think it must have been about two_weeks or three weeks before the election. I don't know the exact date; the law fixes the date. {don’t believe any were issued from the clerk’s ofice or sent over to us after the last day, Ithink it was Saturday, the day on which tha Jast of the twenty days expired, and there wore none sent over after that. Q —And you nover saw any of those ap* p‘llcnflons for naturalization at all! A.—No, sir, Q.—And, so far as you know, the way it ‘was done was that these foreigners all went to the district clerk! A.—They wereal up there by those different leaders who could talk good English, interpreters, sothat the party who made the requisition’ on me to get the order would take eight or ten at a time up to the olerk's of- fice, or as many as were willing to g0, and he would do theirinterpreting, and they would make their declaration the then the clerk would issue their papers an send them over, and then the same party would come after them and take them away. Q.—Have you any means of knowing whi particular political party those 2,800 foreign- ers affiliated with? ate with any particular party; they were men of all parties, Some of the parties that I had given orders for worked very hara for the re- publican party, or the straight ticket, others worked for a mixed ticket, and some fortho democratic ticket. I presume probably the majority of them voted the democratic ticket. Q.—Was there any politics connected with the naturalization of those foreigners? A.—None whatever. We never talkea poli- tics to those foreigners and the men who pro- cured them, or the supervisors who procured them were men who belonged to all political partzes, all except the prohibitionist. I mean there were democrats, independents and re- publicans. Q. —The sole object of the naturalization of those foreigners, the sole object of the ex- ;mndnuru of that money by the Bankers' and Business Men's association fov the payment of their naturalization papers, was that they might become legal vaters and vote against prohibition? A.—That was all the ob- ject we had in ‘view. We knew in general that nearly all aliens or foreigm- born people were ~opposed to prohibition, and perhaps with the exception of theé Swedes all of them were opposed, S0 we made no differences about that. Our idea 'was that we would strengthen the cause of anti-prohibition by ' having them become voters, just the same as has been dono in every campaign. Two years ago we had 1,700 papers issued in this county in the presidential campaign. Q.—You state that you made a_ contract with Mr. Blake, chairman of the Independent state central committee, did rout A.—I did. Q.—And for payment to the central com- 1aittee of the independent party of $6001 A.— My understanding was that _the money was given to the fund of .the independent party, 1o their campaign fund or to pay for these tickets, Q.—In all respects, was the contract with Chalrman Blake similar in nature to the con- tract made with Chairmnan Watson of the re- publican party? A.—Just the same exactly, lenctly the same agreement, the same condi- ous. Q.—So that that money was not paid to either party as a contribution from your or- ganization for the political campaign fund, but in reference to the object of your organi- zation to defeat prohibition? A.—The object was to be sure to get_tickets in the hands of voters against prohibition, as well as for; that was the same agreement. The agree- ment was that half of the tickets would be printed for prohibition and half against. Q.—What do you mean by that, exactly? A.—That of the number of tickets printed one-half of them were to have on them “‘against the proposed amendment for pro- hibiting the manufacture and sale of liquor, and for the amendmnent licensing the trafflc of liguor;” then the other half were to be for that, class of voters who wanted to vote for prohibition. Q.—Was it arranged that each kind of tickets should be supplied to each polling precinct in the state! A.—1t was arranged that they should havo the independent peo- ple’s ticket with the two different views on the amendment, so that there would be two kinds of tickets for voters, and they would not be obliged to scratch their tickets. Q.—At all the polling places? A.—At all tli poling placos in thestate. Tho only ox- ception we made with the republicans, and I think we did with Blake, was that we could omit Douglas, Lancastor, Gage and Dodge counlfies. Ths‘m'gn'jnu tn';i Iv:‘ve knew ol\ln- le were going to attend personal m”nm uof;u of all parties printed, an: we did not: inciude those counties. But the balance of the state was to be furnished with those tickets, and we paid them and contri- buted that amount to their fund. Q.—What have you there! A.—This is a sample blank of tickets that were sent out to our organizers, vice presidents in different parts of the state, to have them printed in their localities and supply them to the voters, representing the three parties; they were straight tickets with “against the amendment” on them. [Mr. Hall on the part of the contesteas intro- duced this “sample ticket,” which was marked by the reporter, “Exhibit G, Omaha."'] Q.—That ticket, or a similar ticket of the republican, indepeadent sud democratic parties, the straight ticket, is a sample ticket ‘which you say was sent out by the Bankers’ and Business Men's ion throughout the state, as a sample for the tickets of the respective parties to be printed byl A.—It is a sample tickev sent out by the general orga- nizer, Mr. Roggen, \rho-o name appears there, to be used by all anti-prohibition peo- ple, wherever they wére'in the state. Q.—Now you stated that_you wero present iu the city of Omaha on November 4, at the general election, did xeu not! A.—Yes, sir. .—How many of t) e,lelnix places did you visit that day! A.—I thlak I visited about eighteen or twenty ; there are forty-two polling places and it would hayg taken a man about all day to go to all of them. Q.—What, if any, disturbauce at the polls 4id you see on clectiom /day. A.—1 saw no disturbance whatever;. The only places ‘where there was any lT\] or boisterous talk ‘was in the Third ward aid in one of the pre- cinets of the Fifth ward® Perhaps [ was a party to the loud tallcimyself in the Fifth Q.—Tell us about that] A.—When I got to the Third ward thoy reporting that some mon-residents had been g to chullenge voters there and that: were peddling what tw called bogws tickets. Q.—Did you fi: auys! those bogus tickets ! A.—I got one, L there were a variety of them ; I have one with me tuat I picked up on that day. Q.—You &ot this ticket, you say on election day! A.— ir; Igot {n on election A —Atoneof the polling places! A.—At one of the polling places, Q.—This is one of the tickets which was denounced by repunlicans and democrats as fraudulent! A.—Yes; this was denounced, of course, by democrats more than republi- cans, use it was @ ropubli- can ticket. [Attomeys for contest- ees offer this ticket in evidence which is marked by the reporter exhibit H, Omahaj. Some of those tickets were demo- cratic straight with for the amendment on the bottom, and all the straight regular demo- cratic tickets had the probibition amendment at the top of the ticket. Q.—They wero lssued by whom! A.—Is- sued by the democratic central committee. Q.—Of Douglas countyi A.—Of Douglas had the prohibition amend- A.—They did not aftili- | | of ‘the places, ment on—or rather, against the amendment at the head, and these bogus tickets had the amendment at the bottom, and when that was ted by those peddling the straight democratio tickets they claimed they were bogus and that the boys ought not to peddlo them and they osused @ groat deal of talk and confusion. There wasn’t any real aisturbances or any- thing of that kind. At the Fifth warl, whon 1 eame there, there was quite a crowd; thero was one man peddling republican tickets with probibition on them, and was workin for Richards and for prohibition, and one o our councilmen happened to bo there—a man by the name of Osthoff. a democrat—was hav- ing quite a_little controversy with this man Osthoff insisted that ho must loave tho poll with his tickets, and the other man insistod thathe should stay, and I insisted that ho should, too, and then I took a stand for him and said thatany man, no ter who he was or what tickets he peddied, bad as much right here as any other man. We had a little controversy over it and then presently Gen, Estabrook came along—he s & prohibitionist and always has been—and we_got iuto a friendl talk and gatterod quite a large crowd around us over the roasting that St.John was to give me on_Sunday, but there wasn't any- thing else, I met Hev. Mr. Merrill, and by the side of him stood a man I understood fo be Mr. Thomas. Both had prohibition badges on and were not disturbed. I asked Mr. Merrill now he got along and he said he got along very well. Of course he heard some talk that & preacher would not_like to hear, but at the same time was not _disturbed and su{-d vight there. Ireturned to that same voting place about two hours later—this was in the forenoon and in the afternoon I ro- turned to tho place. Theso two parties were still there peddling prohibition tickets. I did uot see in any _other vrecinct where I went any disturbance what- over; as & matter of fact they got their voting almost doae at 4 o'clock, and there was very little voting done_after 4 o'clock; the peoplo had got_out early in the morning and voted—so much 5o, thut Idid a thing never did in my life before, went to bed at 4 o'clock and slept to 6:30, and thatwas a thing I nover did before o election day. The election ran s0 smoothly aud quietl, Q.—How many votes, in round numbers, were polled in the city of Omaha on Novem- ber 4, last, the day of the general election! A.—In the city of Omaba proper, I think there was something like twenty-two thou- sand votes, maybe twenty-three thousand. Q.—How long have you lived in Omahat A.—Tywenty-seven years. Q.—You have been somewhat active in politics? A.—I have. Q.—And been more or less active around the polls nearly every yearl A.—Yes, I havo taken part in some very boisterous elections. I remember onetime when our constitution was adopted giving the negro the right of suffrage we had to mass about thivty or forty men at tho polls to protect those Deing slugged and knocked down with b bats. So I havo been through some ex: elections here, Q.—So that if thero was such_a thing as expert, testimony upon the conduct of elec- tions in the city of Omaba, you would feel yourself qualificd to testify as to peaco and order on election day, would you not A.—1 think I know as much about the aver- age orderly and disorderly conduct of elec- tions as anybody, probably, who has been in the city of Omaha. Q.—You may state how, in your opinion, the last general election in the city of Omaha, held on November 4, 1890, compared in peace and order and quiet with clections in previous years in the city of Omaha, A.—I must say 1 never have seen a more quiet and orderly election in the city. Ithas been reported that there wero drunken men at the polls, and some have charged that thero were pros- titutes bossing some of our election places, T was in what they call the burnt district— Q.—What ward is thatini A.—The Third ward. I was there two or threo times tween 9 o'clock in the morning and say ha past 8 in the afternoon aud I noversaw a more quiet, orderly election in that section of the city. In the Fourth ward, where U live, I went to vote ten minutes aftor 8; there was a string of voters standing ready, probably as many as seventy-ve persons, aud every man came there with his ticket in his hand or pocket, and thero were two or three ticket pedders, and the election proceeded almost without a word, and so much so that the most expert—I think Mr. Sudborough, he is in the auditor's office of the Wells Flargo ex- ess company, and 1s probably as export a Fourth litician as we have in this town—and he is a pretty strong rank republi- can, and stood at that poll and ped- dled straight republican tickets, and he told me that cverything was going along all right during the day, and that Richards was getting his full vote and the re- publicans would get s fair share. No one could tell anything about it, and he was about as much surprised as any body. Everybody that came along had his ticket in his pocket, and ticket peddlers did not play a very great part in the election. I went over in the Sec- ond ward, Bohemian town, and there was the largestcrowd Tsaw on eleotion day. Thero was no disturbance when I was there but talk- ing all the time of those wen that had the bogus tickets. Inever have seen an election in Omaha where there was less disturbance and groater order. In every place that went to there were dozens of business men stand- ing around, and as the business houses and banks were all closed from morning until night, the best class of peopla were. out and took an interest in the eloction. They did not appear to have the slightest—1 could seo nothing indicating any disturbance. 1 came into the office in the afternoon and met Mr. Cox of Lincoln in T Bee building. Q.—Mr. Sam Cox, editor of Tho Call! A.— Yes, and he did not say anything to me. Isaid, just'as I was passing along, that the election ‘was going on very gd\liafly here, and now to my great surprise Mr. Cox had sentout at that very time telegrams that a riot was in orogress in Omaha; that @ mob had control of the city and the police had given the city up to the mob. 5 .—You have related all the disturbance which you saw in _the eighteen different, pre- cinets which you visited that you can recollect? ‘A.—Yes, sir} I rode around In abuggy; I had a cab of my own and Irode from plice to place, and some places I visited several times. In most of those places there was not the slightest protense of anything moro than Just su orderly prowd standing around, chaff- ng and talking in a string taking their turn at - voting; there wasn't any. demonstration; I = noticed these independent tickets; I don't think there were many independent tickets peddied around from what I could see; Idid not sec more than threo or four persons at the places Eeddllng independent tickets. They would ave prohibition tickets, ora bunch of them with all parties; they had democratic and re- publican and independent ana overy thing. Q-Did yousuy that. you say prohibition ticcet peddlers, or rather peddlers of tickets for the prohibitory amendment with badges ont -A.—I saw the two that I named; there was Dr. Merrill and —— Q—Didyousee Y h at any other poll} A~ don't remember secing them at any other place except the Fifth ward. There were ticket peddlers for prohibition at those places, because they were pointed out to me, and I saw some of the tickets those peoplo claimed were bogus. Q.—At how many of the precincts in the city which you visited did you observe ddlers present and working for the prohib- tory amendment? A.—1I should say in most in some cases two or three, and in some cases S or soven and perhaps eight. They ‘were pointed out to me by other workers. One fellow said, *“There is & fellow working for prohibition,” and some would say, “There is a fellow with bogus tickets, trying to peddle bogus tickets.” Q.—Did you observe any violence toward any of thoso peddiers of tickets for the pro- hibitory amendment! A.—I observed no violence. The only thlnz[ observed was, as 1 stated, in the Third ward. There was quite @ controversy there over the right to peddle = those tickets and therg was a deal of loud talking. One of the men happened to be about five feet ten, or six feet,and I was surprised that the other man, who was no bigger than I am, should nold Bim at bay, and I insisted taat the big man should have his rights and go on and peddle tickets if he wanted to. Q.—In round numbers, what was the total registration of the city of Omahal A.—I don't quite remember, but I think the regis- tration here was nearly twenty-five thousand, between twenty-four thousand sad twenty- five thousand. . —1In the city! A.—Yes, sir. ' —And what was the total vote polled in round numborst A.—1 think something like 28,000 between 22,000 and 2,000, Q.—It was less than the registration] A.— 0, 'yos, consideraoly less; the total vote of the county was 26,000 and something; 1 had some figures hore 'to show the total vote of the county, but it is not material; the records will snow that. Q.—There were about twenty-three thou- k: ting sand votes polled in the city of Omaha! A, ~—Between {wenty-two thousand and twenty- “6“ tIhu-.“l‘;.n ik hypothetical . —1 want to ask you a hy cal ques- tion, Mr. Rosewater. Suppose & oy of 160,000 liko Omaha was holding an election for general officers, county and state officers, and suppose the vote polled ted 23,000 out of a total registration of 25,000, and sup- pose a contest wus being held over tho elec- ton of certain_ stute officers, and the testi- mony taken had shown that not s single man olhxrh‘:;( to vote had been deprived or prevented from freely gexercising his right to vote for whom he pleased and for suech measures s he pleased; and suppose it was shown by the evidence that in thirty or thivty- wo out of the forty-one polling ! city one or two men, nggregat. g wo wi'l say forty, were porsonally abused after they had voted and while they were oddling tickets for a certain measure—not n favor of certain candidates, but for the certain measuro-and some of them were driven away from the polls, and some of them were egged with rotten eggs, and some were egged with good eggs; 1 want to ask you if in your opinion you would call such an election as that a poacable and orderly elec- tion ina city of that sizel Answer in your own way. A.—I take it that an election where all the persons entit)ed to vote are per- mitted to doso without embarrassment and not. deprived of their opportunity to cast their ballot, would be a fair and free election, notwithstanding that there might be some people entirely outside of the voters who would get into squabbles. I do not believe that the vight to peddie tickets isan inherent right of citizenship, nor the right to haug around the polls aud chafl peo- plo who come tovote. That is eutively an outside matter, and those who engagein 1t must take chances of beingabused oroven disturbed in their notions, or might even be assaulted. The duty of the polico would be to protect the citizens and arrest those who disturbed the public peace. But not neces- sarily would a disturbance in the neighbor- lwod of the polls constitute a violation of the election laws; such a violation us would disbar or in any way de- prive those for whom the people = have voted of the vight to hold_ the offices to which they were clected. I have seen a great many elections and [ have never seen any hero but what there was somo dis- turbance around the polls moro or less by people who would get into altercations. T never saw a presidential election held in Omaha, from the firstone thut [ ever saw here, when Ulysses S, Graut was rumning tho first time 1n 1809, to the present day, at which thero were not ten times as many disturbances, aud at all of which thero was always a great deal of intense feeling and abusive talk betwe sous of either side on the strictly political lines on which those elections wi “The provocation great, and. ering the conduct of some of the people who were trying to provoke disturbances it is markable that there were only a doz rests made on that day, all toid, in a large as this. Q.—I would ask you if you are conversant with the provisions of the registry act i force in this city? A.—I am in a goueral way, yes, sir. Q.—It is there provided, is it not, that be- foro registration the applicant for registra- tion must be sworn, pusupon his oath and tested as to his qualifications as an elector? A.—That is the way T was treated when I registered ; T was sworn. Q.—When a voter in the city of Omaha pre- sented bimself at the polls on election day to vote, it was the duty of the election judges, under the registry act, to find his name upon at least two of the registry books? A.—That was their duty and they did it,so faras I know. Q. nd if his name was found there it was 1 olt A.—It had to be received under the law. Q.—And if it was not found there it was rejected until he gualified himself before tho city elerki A.—Until he furnished evidence that he was a legal voter. The law requires him to do s0 by a certain process. Q.—And that being the condition of things with reference to the provisions of the act, is not in a large measure the necessity for hav- ing challengers at the polllug places been done away withl A.—My understand- iug of the law is that challengers are practic- ally useless where registration has taken plice; the only ground upon which anyone could challenge is as to identify, for the regis- tration board is required to Sit ot certain times only and with open doors, and any porson may thero challenge any person for registering, and even after that if on the list of registration tue name of any person is found who is supposed to be disqualified from voting fov any reason, from non-residence or non-citizenship or any cause, his name is stricken off just as soon as the attention of the registrars have been called to it, and ivhas been ascertained that the charge s correct. So that practically the registrars and registration 1s to facilitate the voter and enable people that desire to vote tohavethe protection thrown around them that the registry laws throw as an _ evidenco of the right to vote. The oumly reason they mght have for challenging is that they were vot- ing on somebody else’s name, so there was no necessity for challenging. We had recently a very exciting city election this month after the other election, and yet I dow't believe there were any challengers at the election, because the peonle were registered and there were no grounds for challenging. Q.—I will ask you if you were acquainted some and in & large dogres, or to what de- gree, with the state of public opinion in the city of Omaha generally upon matters relat- ing to the election, on election day and imme- diately prior thereto? A.—I live here and I think T know pretty nearly what the public sentiment is in thiscity. Q.—I will ask if there was a belief in the public mind that it was the intention of those who favored the adoption of the prohibitory amendment in the city of Omaha to stand at the polls and challenge voters indiscrimi- nately for the purpose of delaying the vote! A.—My information was that the managers of tho prohibition campaign, or rather the prohibitionists here, had agreed upon a programuie of obstruction mmulhing like two or three weeks before cloction ‘There was an apthuathm made by them tohave prohibitionists put upon the boards. 1t was placed iu the hands of the city council and the council did not grant it; in @ day or two, ora fow doys afterwards, the county com- missioners were to pass upon the matter be- cause it was ascertainod that the judges must be appointed by the commissioners, I went before the board of county commissioners myself and asked that their prayor should be granted; I thought it would remove all chance = of quibble sud guestion if they had some _ representation on the election boards. Subsequently the demonstrations made here by the prohibition- ists, their breaking into—at least I think it was some of their men, somebody broke into my room and ransacked our building, and also broke into the census office and gener- ally boasted that they were going to obstruct the election—brought me to the conviction tha: it was not safe to have them on tme boards, and that they would undoubtedly pre- vent, if possibie, a fair clection by obstruct- ing 'the voters, or refusing to certify to the results of tne election, and there fore 1 myself, over my own sigaature, with- drew my endorsement of the scheme that they should be put upon the eloction boards, And 10 order to have a fair election beyond any doubt, I appealed to Tk OMAHA Big, and wrote the article myseli to the voters, that every man should have a perfect right 10 cast his vote as ho pleased; that a fair and free election was guaranteed to every American citizen, no matter what his views; and that on election day no on should be disturbed, no matfer what he desired to do, so that we should have a free expression of public sentiment; that was published bofere election and on the day of election, wnd I usked the committée of ‘the Business Men’s and Banker's association to put placards at all the voting places calling upon the people to desist inter unniwnn the right of the peoplo in this respeet, but they had 50 many questions to consider that the matter was finally dmpged. Q.—You say the prohibition lcaders and managers of the campaign for the prohibitory amendment in this city before the election made boasts that they would obstruct the casting of votes or delay the votiog on election day! A.—It was so understood hore; that their plan was to do all they could to ob- struct the election. They issued a paper called the Bumble Bee, and I have some of the copies here and you their o writing. They say it is publi every afternoon from the awendwent head- quarters, 5o that would show that the pro- hibitionists issued it. For instance, here, “Anarchy and Riot,"” —it merely goos to show the general tendency. Q.—The existence of the belief . the city of Omahi that the probibitionists would ob- struet and delay the polling of the full vote of the city in all ways that they could, was that general, do you know! A~—Yes,sir; public opinion was pretty wella wnit on that ques- on. ton—that thero was an organized effort bein, made hore to obstruct the elestion bynfl means that were at the command of the pro- hivitionists ; that thoy would do so if they got inside of the election boards, and that the; would do so outside and were determined {f possible to make such irregularities in tho re- of the election for this county us to have the whole county thrown out. Q.—And that opluion was brought about by the conduct and the acts and utterances of the prohibition leaders | A.—Yes, sir, it was brought ubout by the peculiar disclosures that were mado in the last weeks before elec- tion—the work that they were doing hore, They tad & man by the name of Johnson—I don't know what his nawme is, that is not his true namo— who was prowling about different people’s \»r‘-mhes‘ and was trying to got in our building, and was secen there sevoral times, and one night when I was absont the night watchman, who runs the elevator and makes the round of the building every fow minutes almost, found my room open and somebody had béen in_aud the papers snd things were all upside down. When I got back he reported it to me, and that was in counection with the fact that Mr. Cooke's office had been broken into at Lincoln by somebody and that tho— Q.—What Mr. Cooke is thist A.—The census superyisor. Q—They broke into his office as census supervisor? A~ Yes, and & lot of his papers had been carricd n\vue;. It was thought that the tactics of the prohibitionists were to get any documents or anything, no matter how thoy could get thew, to carry on a cam paign of defamation and lawlessness which was to culminate finally 1n having so many irregu- larities in tho clection at Omaha, if they could be placed upon the boards, that the whole vote would be thrown out,. bocause they knew in advance that this county would gl\"(- a very large majority agaiust jprohi- ition, By Darnell-You may state if you entered into & contract with Mr. Roggen in referonce to this Bankers' and Business Men's asso- ciation 1 entered into a contract as of (ho committee and I havo the papers ero, There is the original t Witness produces paper which Is fntro- duced in evidence by the attorney for the contest and marked exhibit I, Omaha, which was read by the witness and herewith produced: This memorandum of agreement madeand entered into this 1ith day of May, 180, by and botween the State Business Mon'sand Bank=- ¢ soclation, by Edward Rosowuter, man of its executive committoe, of the first part, and Ed V. Roggen of Lincoln, Neb., of the socond Witnossoth, Tha't sald Ed thoseeond part, forand in o thesumof threo thousand dollars (8,000 tn installments of five hundred dollars #00) por onth, to be pafd by snid_party of the first artat the end of each month for period of x months from May 8, 180, to Noveraber 8, 00, En consideration of said payments said tand perform the servicos of jurty of said. under d . Roggen of sideration of y ox- d party 1 party o sald l expenses are nmittee of sald cd with the dutiesof s io second part shall bo paid by s of the i il monthly pa s Pro’ ol authorize y the exceutive party of the first part. Itls further agreed that should sald party of the second. part become incapacitated for any reason from pertorming his services, or should 1t be proved that he should take any aetive part in furthoring the interests of any ito for v politioal y css Our at Omaha, Neb, Witness THOMAS Q.—Now, then, what was th political standpoint of the action of Mr. Rog- genas manager of this association? A.— There was no result politically; we were try- ing to defeat prohibition. y Q.—Without any reference to political par- ties! A.—Noreference whatever. Q—The same proposition that was iacor- porated in this contract with Mr, Roggen thathe should not represent any political party or any political candidate, was tho spirit of your association, was it not! A.—It was not only the understanding with our own organizes ut the understanding that we had with the porsonal rights lougue. I myself complained of one of vheir organizers going out and making & democratic speech, and ho was suspended and laid off for quite a time, but I think they reemployed him probably two or three weeks before the campaign was over; butin any event, it was clearly under- stood, and we had that asa part of our un- derstanding with the personal rights league, that no worker of theirs could go to work for the benefit of any political candidate. Q.—Of any political partyt A.—Or any particular party. Then in the work of the Bankers' and Business Men's association vou treated alike the democrati rty, the independent party and the republican party! A.—We treated them alike. By Hall—You testified yesterday that the question of the adoption or rejection of the prohibitory amendment occasioned great dis- satisfaction in Omaha and affected the vote cast for Mr. Richards and Mr. Connell. I would ask you if ithad the same effect or not upon the fortunes of the candidates for tho other state offices upon the republican ticket. A.—It had undoubtedly a greatdeal to do with their light vote thatthey recelved. It affected the entire purty. There were thousands of people in this city who had for- morly voted the republican ticket who just deliberately, since the submission of prohi- bition, went over aud voted the democratio ticket, and nothing that we could do would talk them out of it. . Q.—So that as a result of the complication of questions involyed in this campaign which culminated in the elecuvion of November 4, 15%0), these contestees suffered in thevote cast for them in the city of Omaba. A.—The, suffered the loss of several thousand votes. thivk in an ordinary election this county would not go mure than two orthree thousand democratic at the very highest, Q.—And this time it did go! A.—It went all'the way from five to eloven thousand, REDIRECT EXAMINATION. Q.—T understond you to say that you don’t think any citizen has the inherent right to be at the polls advocating such doc- trines, inn peacoable way, as he sces fit A.—Idon't believe there ts any inherent right to stand In the street and obstruot the street and gét up a large gathering to elec- tioneer for votes, and I don't believe such a thing will continue more than another year. You did not answer the question! A. —I don’t believe that a man has an inherent right either to hang around the polls and act as u ticket peddler, Q.—Is it not true that every American citi- zen who is an elector has the right to go to the polls and in & moderate and gentlemanly way distibute tickets or solicit voters to vote that ticket, and is he not entatled to as much protection undpr those circumstances as any other citizen who takes divergent views! A. —Certainly, but as I understood it— Q.—1f w man wanted to go to the polls with a regular ticket representing the regular par- ties in the fleld, with the exception thaton those tickets was “For the amendment,’ would you say that if that man be- haved himself “and talged moderately and did not disturb the peace that he would not have the right to distribute those tickets A.—He would have justthe same right as any voter, é.AAlul isn't it trye also that he would be entitled to the same degree of protectiont A.—Yes, sir, and he had the same degreo of Pprotection, Q.—And the same degreo of respact from the other voters! A.—All sensible would. Q—Do you concar with Mr, Frank Moores in saying that the police force on election day was inadequate, owing to the police commissioners not Laving appointed & fMcient number of police? A. —Ido not; I there was an abundance of police. Q.—If a hundred persons or more, electors around the different lling precincts, who were distributing tickets such as I have mentioned in aa orderly and quiet manuer, were jeered at, and called s— of —, an struck at, tin againost, and their toes stepped on in an insulting manner, egged, ant some of them kunocked down and driven away from the polls for a distance of half a block or 50, would you say that was an orderky and quiet election? A.—Youask me whether it is an orderly and quict election— (Reporter reads formal question). 1 would say it was an orderdy aud quiet eloction so faras theelectors were concerned § there might be paople outside, just as there might sometimes be boys carrying on & con- troversy among themselves, and the first thing you kuow the boys are calliag cach other bames, But that don't make the whole city a mob, . —Suppose you take one of thoso polling laces where there were seventy-five or hundred men gathered around tho polist A.— There never that were manv that L suw. Q. —Well, take forty or ifty men, thea, At men