Omaha Daily Bee Newspaper, March 1, 1892, Page 11

proposcd now will be entirely too late to remedy evils which ean casily bo prevented, but_can scaccely be curcd “The peoploof Nebraska must remember thatit is now the estabiished doctrine of con- stitutional authority th:t 1he legisiature of n stato is, in fact, the peoplo acting by their represeufntives, and thai as such thoy may @o any act not expressly prohivited by tho state constitution, or op{.0sed 1o the constity tion of the United States, 1t 1s impossible, as all axperience has hown, 1o OXpoet pure legislation as long as it rests exclusively in the discretion of the members to voto for or against 1 bill. There will always be a lobby demaiding legislation opposed to common right, und thatlobby will aiwnays be prepared o expond any required sum to obtain what s considered an irrepealnble monopoly or grant of privilego or proverty The only way to prevent this is to prohibit any special legis ation anu confine the general assembly to acts of o | charaoler. “The now constitution like that of Tllinois has winnle provision against the creation by @ lcvislature of any state debt without the previousi v ascertained coasent of the poople. o wiser prov 10 have beon made agaiust the improvidence or corruption of legisintion. The state of Hiinois, after nearly forty veurs of bondage, 15 just oscaping from debis contracted by an vnrestrained logis- lature, Against the possibiity of lik Nebraska onght ot to 1hrow away this v irictidh, Five years hencea new constitu tion may have o provide for taxation to pay a debt contracted fa the interval, “T'no new constituiion further and wis adopis u system of salarics for all its state ofticers, and prohivits thdir increase during the term of its officers, So admirably is this syetom |rotectod that, instead of the fec sys tem, under which each offcer may roll up enormous annual incomes, the fees arv to be Daid into tho state treasury. Assuming the prosent value of taxable property in the state to be £5,00,000, the ontire salaries of state ot crnmont will not require a tax of more thau three-fiftts of a mill annuully; and in five years, when the valuauon sbull be quadrupled, the entire salarics of the state government will not equal in the negre gate thyoamountof fos which a sinele oni cer muy Feceivo in caso the new constitution be v jectod. “Upor: the subject of vailrond subscrintions by municipalities alteriative propositions aro submitted. One prohibits such subserip tions and tho other requites a voto of three 1ifths of the voters. Our aavice would bo to ept the total probibiiion. “A row feature of this constitution 1s the Jimitation of the exemplicn from taxation of ‘buildings and grounds belonging to and used by any religio ety for religious purposes o the value ot §5,000.' That is 1o say, this provision requires that every pieco of property used for chiurch purposes shull DAy taxes 1pon 8o much of its value as is i excess of £,000, The injusrico of any exemp tion of property from taxation must be ap parent 1o every person. Why should not the ordinary fuxes pertaining to » church build ing for' \\Durt ‘of its Togular exponditures? Who is heuefited by the oxemption? Assum- ing the church property of Chicago to be worth £25,000,000 Who 15 Donefitod by its ex emption from taxation ¢ ‘I he loss of the &i75,- 000 taxavle upon that property has to be made up by increased taxation on other proverty, incluging the vroperty of persons who do not belong to and take 1o part in tho services of such ehurches. 10 aMathodist church buitding and 10t be worth $50,000 1t escapes the payment of $750 tax; but when a like excmption is extended to all other churches 1t is probablo that the members of that church pay more of tho tax necessary to supply the deficiency of vevenue thun they would if they paid the tax in the first fnstanco on their own building. The whole eystem of cxemptions from taxation is wronx in principle, and doubly wrong in practice. It is the pretext for evasion of just obliga- tions and affords countiess opportunities, all soized, for abuses which, if practiced in be half of any other intcrest thaa _religion, would be properly styicd frauds. Nebraska Provoses to place this mattar right by requir- ng cach congregation 1o pay taxes on the property 1t owns, and releasos the members from paying taxes ou cny other person’s churches or on churcnes fo which th ot belong in any w A more just princi ple way unever incorporated in the form of law.” With the constitution proper five separate ropositions were submitied to the people. Pho first of these probibited the salo of hiquor, The second prohibited the voting of manicipal vonds to railroads. Thethird pro vided for the individuul respousibility of stocklioldors of bauks in four times the awount of stock held by each, The fourth ubwitted ihe question of woman suffrage, and the fifth compulscry cducation. From the very outset the constitution w Ditterly opposed by thoe then leading organs of both political parties, the Omaha Repub- Hean und Omaha Horald, It was supportea vigorously by Tut Bry, which had cowe imto existenco only ninevy davs previously, and which was in fact the only daily ~paper worth of the Dlatio river favor- able o the constitution, ulthough it opposed two of the pronositions sepavately submitted, vamely: prohibition and woman suffrage, It soon became manifest that the vailroad companies and bankers, who regardea the anti-wonopoly features of the constitution us fnimical to their intercsis, had determined to defeat the constitution at all hazards. With wiis end in view tkey ot only enlisted tho feuaing party organs and the federal officials ander the leadership or Nebraska's United Btaies senators, Hitehcok and Tipton, but oy also found very cffective aud active conajutors in the churches militant. W hilo the railroad and bank issue was studiously Ignored a religious crusade against the con stitution was carried on from the pulpits, The clause that furnished the incentive for this religious uprising wus the provision in the constitution prohititing the exemptiun from taxation of church property not exceed- ing £,000 in value ond in actual for religious worship. This provision was der.ounced as an attack upon relizious bodies, and for once Catholics and Protestants maae common eause in & politicul campnign, The Cathol hop launchicd an edict against the coustitution, and Kev. Gilbert Delama- ter, who then officiated as minister of " the First Mettodist church in Omaha, but b, since gninod uotoriety as a rank anti-mor oly ugitator, notonly preached sgainst the constitution from his own pulpit, but took tho stump and worked with the vorporaticn pohorts to defeat tho adoption of a constitu tion framed to curb the power and groed of the monopolies. As a roward for bis servicos Rev. Mr. Delamater was presented after the plection with a silver servico worth 81,200 by ad manugers nud money lenders )7eoplo who lived in Nebraska during emorable struggle will recall the placar i studhorse type, *“To Your Teuts, O, ael ! that wero to bo seen on every tight p- dodgors in all langunges wero rirculated allover the stato to ineitereligious peoplo to vote against the constitution. Iho emissaries who -were bired to do this work and tho proachers and priests who peram- bulated the stato were all liberally suppled with ratlroad passes aud funds contributed by the bauking pool. Fizhting against such oddsthe supporters of the constitution bad uphill work, but they had the sympatby of the people, and mor over W ibly ehampioned by the most im pressive orators and indefatigable politicians of the state. 7+ The following letter from tho late Judge O. 1. Mason, published in Tiik Bk a faw days vefore the election, sounds the keynote of the campaign Ny ntaskA Ciry,'Sept, 14,1871, —Hon. John . Myers: There never was an instrument framed o perfectly und completoly in the fnterests of the people us this. It protects capitul and by just guarautees protects labor mguinst the unconscionabio rasp of tho monopolics, lam amazed at the light organ fzed nguinst it, Now that we have destroyed Afrlean slavery, are the peoplo to bo wade sluves tu the carrying monopolies of the worid und deliver ihomselves over, bound hand and foot, 10 monsters tha huve no eyes Lo s6e, no heart Lo feel, no ears 1o hear, no soul to save 8ud no hell to saun, Well, it looks so, but | still have faith and hope for struggling bumanity—hope, because 1 believe in the final triumph of right over wrong. Kor &0od or evil, on the peoplo the' burden lies. God's balave watched by his angels is buug across the skies to wark wurately the conduct of ingividuals and nations; louite whether justice, truth and frecdom and the rights of labor are recog- nized and vindicated in ihoir councils and Jaws or whether evil triumphs and robs and wrone prevails, 1 feel u full consciousness of Lhaving doue my duty uund that the work of tho couvention 18 ewinently right and just Lot misters sheiterod bohind the eminenco of & pulpit condemu and mounopolies rago sgainst the work, all history shows that each slike in its way has beed sud now is the encwy of the toiling willions of earth. True xeligion, as taught by Jesus of Nazaretl came speakiog bope and joy o the labor of 11 e werld end He chcse not the gorgeous teu ples of Judew to prenugute bis dootrine use | | Sewurd but the flelds and groves and he called not the rich but the poor. Yours truly, S0, P. Masox." This lettér, garbled and brazenly, forged, to suit tho anti-constitutionalists was cir- culated broadcast over the state, and Judge Mason was made to appear as an opponent to the constitution, while he was in fact its uncompromising supporter. The now con- | stitution provided that ballots ba forwarded by the secretary of stato to the respective county clerks and through thom to the olec tion officers. Tha vote in favor of . the con- stitution and each separate proposition was to bo printed on each ballot, and eloctors wno desired to vote against the constitution or either of the propositions were directed to scrateh out the proposition with pen or pencil. Toinsure the dofeat of tho constitu- tion Secretary of State James, who was also acting governor, entercd 1nto & con- spiracy with foderal office holders and the corporation mavagers. The fivst step to- ward carrying out the plot was to scratch the tickets directod to county clerks and thus render them useless for parties desiring 1o voto for the constitation, Omaha bemg the general distributing ofMice for the mails 1o all points in tho state, the entire clerical force of the Omaha post oMce was set 1o work to scratch the tickets that were passing through Omaha on th way from the state house to the various county seats. This high-handed criminal | terterence with the mails was dis covered @ fow days before the clection and jublicly ~ donounced, but no attention was paid to the protests. The supporters of the constitution had other tickets printed and forwarded, but in many cases they failed 1o reach their destination. The next stop of the conspirators was 1o tam- per with the roturns as they passed through tho Omaba postoftice, Tho canvass wus held at Lincoln, October 4. 1871, aund the returns were to'be transmitted under seal and cover 10 the seoratary of state, who together with the auaitor and president of the consti- tutional convention, actinz as a board of canvassers, was 10 open thom, canvuss the voto and publicty declare the result. By the connivance of tho Omaha postmaster these packages woro interceptod ut Omaha, handod to W. H. Jamos, and by him opened, When it was found that the constitution had actually carried the returns were altered so as to show a majority against tho constitu- tion. A few days bofore tho meeting of the boara of cunvassers General Strickland was apprised of the illezal opruing of the ro- turns, and aftor conferving with several of the leading supporters of the constitution be decided upon a plan of action to uefeat the conspirators. Intense excitement prevailed all over the state, and especinlly at the stato pital, on tho day of tho canvass, When encral Strickiand reached Lincoln and in- timated 10 his associatos of the canvassing board that e believea the returns to have been doctoted and thorefore considered himself in duty bouud to expose and denounce the fraud and refuse to take part in the canvass or proclaim the result, he was implored to desist from his purpose. Plodges were then nd there made to him that if the logislature, which had taken i recess and would recon- veno in the following Junuary, would pass a bili to resubmit the constitution, omitting the objectionable clauses, Acti ornorJames and t fluence to help it throuzh. ereupon Gen- eral Stricklaud recedod from his purposeand allowed the canvuss to proceed without pro- tost, “T'ho vote as canvassed stood as follows: Counties. For, Against Ruffalo. 1 Burt Butler Cass Ceda Chey Jeferson. Johnson p L'Eau Qui Cou Suiine.. Sarpy..... saunders Soward. nton | 18ts at Total : Majo tion.. .. Ou tha tive coupous the vote stood lows: The clause fixing tho linbility of stockholdors was declared defeated by a vote of 8,650 to 7,280 The clause protibiting municipal aid 10 railroads was defeated by a voto of 5,510 t0 6,60 Combulsory education was voted down by 9,955 to Probibi- on was defeated by 10,160 to 6,071, and woman suffrago was submerged under a vote of 12,676 against to 8,502 for. When the legislature met in January, 1872, the bill to resubmit the constitution as re- vised was passed Ly a majority of the two touscs, but when it reached Acting Governor Jamas ho returned it with his veto, thus vio lating thesacred pledge he bad made to Gen- cral Strickland and leaving the state under an infantile constitution entirely unsuited to the wants of the state. This lust act of per- fidy on the part of James was doubtless in- spived by corporation influences and by sen- atorial pressure that sought to peretuate a covrupt dyuasty which was finally over- thrown by the people of Nebraska in 1876, POPULATION, ofilelnl State and Muni- Growth, res Showing cipul The estimated population of Nebraska at the time of its admission as a state was 70,000, When the federu! census was taken in 1570 the number of inhabitants was 152,003, In 1ho succeeding two census decades the popu- lution_increased over eight fold, or to the maguificent total of 1,058,910, according to tho federal consus of 1500 Twenty-five years' growth in population is best shown in tho following: 1867, estlmated 5 70,000 1802, estimated ... 1,102,000 THerense. ....ovvoveer s . In 1867 there were only seves braska with a population in e Omaha hud reached o population of from 10,000 to 12,000, Nebraska City, the second town in tho state, counted between 5,000 and ,000 population, 'Plattsmouth about’ 12,000, Columbus, 15005 Fromont between 800 aud 000, Grand Tsland about the same and Brown- ville between 500 und 600, Liacoln wus only whamlet and Lancaster county only mus- tered 500 populatio; Tho growth of tho towns and cities of No- braska hus been within tho last twelve vears. Iv 1500 sixteon cities returned a pon- ulation of 2,500 or more, or a total of 241,144, 10 1850 theso places bad an aggrogate popula- tion of only 70,452 Thus in tou years they increasod 220,742, or 313,32 per cont. The advance mude in the decado between 1850 and 1500, us shown by the national cen- sus, 15 as follows: TOWNS, Omaha oln : 030,00 towus in No- 88 of HU0, 1850 0,618 189) y ath Omaba. ud Island jont Co umbus.... North Platta.. Norfolk Falrbury Ho!dreze Metook Blair Wyniore Chindron. Wihoo David Butle Kobort W. Farnus Siias Garl Alvinas N Jumes W. Duwes 3y John M_Thayer vy Jumes E. Boyd ritorial Franels Burt, torw bogan.. Mars W. Izard ... W. A. Richurdson samuel W. Black Alvin Saunders VL NS | ury 0. 1870 Janaary 4 January 6 Juunuary 6, 1501 | iovernors, October 16, 1854 February 20, 185 Junuary 12, 188 DAILY BEE A MEMORABLE EPISODE Tmpeachment of Governor David Butler and Deposition by Legislature of 1871, A NARRATIVE OF THRILLING INTEREST A Plain and §t cital of the the vghtforward cription of cenes Attonding T, hment Thoe impsachment and romoval from office of David Butler, first governor of the stato of Nebraska, stands out in bold relief as ono ot the milestones in the political history of “vo state. A wido divergence of opinion ox- this day even regarding tho motives that actuatea the men who took n leading part in the impeachment proceedings,and up 10 this time nobody possessed of reliable in- formation has ventured to writa a true his- tory of all the circumstances that culminatod in the conviction of Butler and his removal from the ofiico of governor. Butler was o magnetic leader and uutiring worker, and a firm believer in the doctrine that in polities a8 in war the spoils belong to the victors. Ho was an aggressive fighter, a mau of raro | execurive avility, but reckless as regards tho ways and means to accomplish ends. A mau of gouerous impulses, but totally indiffercnt as regards the character and inteerity of his associates cither in politics or business, he naturally fell in with a class of jobbers, who sought, through him, to pro- mote their merconary schei was made governor in 1867 he d of the commission for re- locating tho state capitol and erectiug the necessary state buildiug at Lincoln, This commission had almost unlimited powers and opportunities for speculation and peeulation. Taey not only had charge of the sale of thou- nds ot lots 1n the city of Lincoln, but were empowered 1o lease ad_dispose of the mil- lions of acres of lands with which the state had boen endowed by the government for in- ternal improvements (railroads), for educa- tional institutions (public schools, university and uormal sehool) and for public buildings, cluding the state eapitol. peaitentiary, in- sane hospital, etc. This commission W also empowered to loan out the per- manent scnool fund on real estate security. In the middle of his first term charges wero freely made against Butler and his associates that they had rocklessty misappropriated building “funds and corruptly entered into collusion with state contractors for public buildings, ete, These charges were brought to the notice of tue legislature in 1860 and a legislative com- mittee was appointed to mvestigale tbhem. Butler's magnetism and the pressure of the contractors converted the committee and tho charges were whitowashed. Ewmboldened by his success in covering up his lawloss trancactions, Butler became almost doflant. In 1570, after he was renom- inated by tae republicans, svecific charges wero made against him by the leading organ of the democrats, the Omuha Horald, nssert- ing that he had appropriated to bis own use 17,000 of the state school fund ana had been wuilty of official corruption in sev- eral other respects. o republican state contral committeo was called together with a view of demanding Butler's with- drawal from the ticket, but Butler boldiy aenounted the charges as baso faorications, and made such vigorous onsiaughts in bis public speeches agamnst Dr. Miller and the Herald that ropublicans refused to believe him guilty, and rogarding him as a vietim of political “malignity supported him without wavering. It was expected by everybody that Butler would refute charges that he had_appropriated money from the school fund in his message to the legislature, but Butler studiously refrained from referriug to the subject either in bis message or in- augural. The first three weeks of the legislature of 1871 were taken up with an exciting senator 1al contest. \Vhen the members had sottled down to business it began to be whispered that leading democrats und independent republicans, who hbad been elected on pledges to investigate Butler, wero getting ready for an onslaught. To head off this movement the following resolu- tion was introduced in the house by Edward Rosewater, on January 25: “IResolved, Thatthe governor is hereby re- questea to communicate to this house, at the earliest moment, the name of the agent ap- pornted by authiority of an act of the legisla- ture to collect from the Unitad States the 5 per cent upon the sale of public lands apart for school purposes prior to the admis- sion of the state, the amount so accrued and due to tho state,and theamount coliected and paid into the state treasury. Also the amount paid to the said state agent for his services.” "The resolution was unanimously adopted. Within five minutes after it bad been passed Rosewater stepped into the exccutive chamber ana informed Governor Butler that he had introduced the resolution because as a republican he thoukht the party shoula have the eredit of clearing up these school fund charges. Butler expressed himseif highly pleased and then went on to explain that he had borrowe this money” and secured the state by mortgages which he then and thero exbivited. These mortgazes appearcd to be from David Butler to David Butler. He then asked whother he could depend upon tho gentlemaa to help him legatize his action. The answer was that he was not propared to pass upon the guestion, but hoped that the governor would straighten out tho matter aud relieve the republican party from any odium. Within loss than thirty minutes after this interview had taken vlace, Butler's private scretary appeared before tho house of representatives with the following mossage : 1o the Honorable Speaker of the House of Kepresentatives: In response to a reso- lution passed by the honorable house of rop- resentatives relative to the collection of the five per cent furd, I submit the following roport: Amount accrued and duo the stato Jaouary 1, 1869, $16,881.26. While in Wash- ington in the spring of 169, 1 sccured the auditing and payment of this claim, and de- positadthe above amount in tho state treasury. No fee or commission was paid any agent for its collection. “DAvID BuTLER. “Txecutive Department,January 25, 1871.” Next morning, January 26, Mr. Rosowater prosented the following resolution, whicn was adopted : “Whereas, His excellency the governor, in reply to an 1quiry from this house, reports the collection of $16,551.26 from the United States government, credited to the state school fund, iv the spring of 1569, and that he deposited this amount in the state treas ury; und, W hereas, Tho reports of the state auditor and state treasurer for 1560 and 1870 fuil to exhibit the trausfer of said amount 1o or from the state treasury, therefore +Resolved, T'tat the chairman of the com mitteo on ways and means is hereby in- structed to proceed forthwith to the oftices of the state auditor and treasurer and request from said state auditor and treasuier a state- ment for the information of this house, why tho amount sbovy montioned i3 not credited to the state in their reports, and whether the snid amount 1s now ou their books to the cradit of this state.” Au the afterncon session of the same day the chairman of the committee ou finance submitted the following: SSTATE OF NEBKASKA, AUDITOK'S OF LiscoLy, Neb., Jan. 20, 187 Thomas . Hall, Chairman Committeo of Finance, Ways and Mezus: Dear Sir—In compliance with the following resolutions of tho house of reprosentatives of this date, viz. ‘Whoreas, His excelloncy, the in reply to an 1uquiry from this bouse, re- ports the collection 0f $16,581.26 from ' the United States government, credited to the state school fund, in the spring of 1809, and that he deposited this amount in the state treasury; and, *Whercas, Tho reports of the state auditor and state treasurer for 1560 and 1570 fail to exhioit the transfer of said amounis to or from the state treasurer; therefore, Resolved, Tlat tho chairmun of the com. mnttee of ways aud e 1s bereby iu structed to proceed forthwith to the offices of the state auditor and treasurerand request from said state treasurer and suditor a state ment for the iuformation of this house, why the amouat above i tioned is not credited to the state their reports, and whether said amount is now on their books to Lthe creditof the state,’ “Will reply that the above amount referred 10 in your resolution Lias nov appeared upon the reports of tho state auditor and state governor, in treasurer from the fact that the sald money has nover been paid into the treasury of the state, and no receipt has been given by the treasurar for said amount; and further, that thero is no entry upon the books of thisoftice | At tuis date, showtog Such credit. 1T am, sir, | very respectfuliy, ¥our obeaient sarvaut, “Jons Gileseie, State Auditor.” Tmmediately after the reading of this com- munication a commitiee of three was ap | pointed to wait on s excellency, tho gov | ernor, and ask for an explanation of the dis- | erepancy between his messago and the com munication of the state avditor in reference 1o tho school fund On the second day after this committee had waited on the zovernor its chairman sub mitted a report which in substance reprosonted that the governor had taa succeeded in collecting & claim amounting to $I6,881.36 from the United Siates, I'he money was deposited with N. C. Brock, a banker, who was ulso deputy state_treasurer, but as thore was no law specifically placing the procoods of the claim in the common school fund the gov- ernor had borrowed the money from the state treasury for his own use, To secure this loan the governor had issued mortgages on 23,000 acres of Pawnoo county lands dated back to May 25, 1800, but executed on the 2Sth day of Docember, 18570, a few davs efore the legisiature convenod. The com- mitteo reported that tho mortgages had beon placed in the office of tho treasurer and the intorest on the loan had been paid for ono yoar. The whole subject was thereupon re- ferred to the committes on common schools, colleges and universities, who at once re quested the attorney geveral to iuterpret the law authorizing the loaning of the permanent school and the 5 per cout fund derived fromn the sale of public lands, In response to these interrogations the . attorney en- oral stated in substanco that the governor bad no right to convert any part of the 5 per cont fund to his 0wn uso, nor was thore any law authorizing tho loaningof said fund. On Saturday, January 25, the day follow- ing the report of the committes, Mr, Myers n‘( Douglas offered the following resolu- tlon : “IResolved, That a committee of five bo electod by this house to preparo articles of imperchment against his oxcellency, David Butler, governor of Nobraska, for misde- meanors in office.” Tho resolution was made a special order for the following Wednesday, February 1. On the day and at the hour fixed a vote was taken on the Myers resolution after a most oxciting debate, with Governor Butler on the floorand the house packed with specta- tors, The vote stood 17 for the resolution and 22 against—falling short by five votes (lvl‘:ll ajority of the house it was declared ost. A'resolution to_appoint a joint committee to investigate tho conduct of all the state officors was theroupon passed for a unanimous vote. On the evening of the snme day Governor Butler gave a recep- tion to the members of tho legislature, which must have cost him more than half a year's sulary. Tho joint resolution for an investigating committee passed the senate the next day, on February 2, and as soon as tho housc had been notified the election of this committes was vroceeded with by its members. 'The committee was composed of Elam Clark of Washington county, chairm: Lewis S, Reed of Douglas and E. N. Grennell of Sarpy on the part of the house, and E. W. Thomas and Lawson Sheldon of the senate. This committee at once prococded to work and summoned & large number of witnesses, On Fobruary 8 the house adopted a resoiu- tion directing the committee to investigate, among other things, the manner in which cortain state lands had beeu deeded away to railway companios, by the commissionors. On the same day the following resolution was also adopted : i **\Whereas, George L. Miller, editor and proprietor of the Omaha Herald, has asserted time and again that Governor Butler and the state officers have stolen the school fund state lands, and committed divers other crimes, all of which the aforesaid George L. Miller has asserted through the columns of the Omaha Herald that ho could provd in fiftcen minutes; and ““Whereas, The interests of the state demand that such testimony and proof is of great im- portanco to the state; therefore, be it Resolved, That the ‘committes on investi- gation bo and are hereby requested to send for the person and the papers of the aforesaid One George L. Miller instanter, to give the nec- essary testimoay to said committee in order to expedite tho business now before said committee and relieye the state from further expeuse in proparing the evideace necessary to convictien.” On the 10th of February the house passed a resolution empowering” the commitiee on investigation to examine the condition of the railroads that had received land grant subsi- dies from the stato and to employ two com- _petent engineers to sxamine the condition of said roads und report to the committee under oath. Atnoon of tho sume day the legislature 1ok a recess until Tuesday, February 23, in order to enavle the investigating committeo to hold sessions in various parts of the stuto and complete its work, When the legislature reconvened Gover- nor Butler sent a special message 10 the house protesting against the mauner in which the 1nvestigating committee had pursued its inquiries into the management of state affairs, He remonstrated against the taking of expert testimony, and stated that “tho parties most intercsted have bad no opportunity to cross-examine witnesses or to robut testimony given by them, although they+have frequently offered to do so.”” The house paid no attention to this remonstrance, because its function under the constitution was that of a grand jury, while the senate, bofore whom impeachments are tried, exer. cises the funotions, of a petty jury before whom both sides have & fair hearing before o verdict is rendered Immediately aftor the ramonstrance of Rutler had boen read, the investigating com mitteo submitted & vors olaborate report conserning the conduct of stato officers, and A8 8001 08 the reading of the report had beon concluded, the following rosolutions were introduced by Mr. Myors: 1, That Duvid Rutler, govornor of © ot Nebraska, be impeachied for mis- sanors in office, That this house will immediately ot a committes of five members, who shall prepare articles of {mpenchment axainst Dayid Butler, governor of the stato of Nebruska, for misdenieunors in ofice and said committed shall also be fully empowerod to act In the case us managers on bohalf of this house in the fmpeachment bofore the sonate Resolved, That a committeo ot two be ap- pointed to 2o to the senato and at the bar thoreof, In the nume of the house of repre- sentatives and of all tho people of the state of braska, to impeach David Butior, governor of tho state of Nehraska. of misdemennors in office and acqualnt the sonate that the house of roprosentatives will, withont delay, ex- nibit partioular articlos of impoaciment agalnat him and make good the samo, and that the committee do demand that the sen- ate take immeaiato ordor for the wppearance of sald David Butler to answer the sald im- peachment After laying ovor one day the resolutions wm‘m carried without debate by a vote of 83 to . The house at once elscted as impoachment Mossrs, John C. Myors, H, Hudson of Platte, J. K. Doom of "Otos, D forest Porter of Nomaha, and H. C. Riardon of Washington, On March 24 Mr. Rosewater introduced the followne resolution : “itesolved by the houso of representatives of tho state of Nebraska that tho treasurer of the state of Nevraska and the state audi tor thoreof are hereby authorized, in- structed and empowerea to make an immeaiate domand upon David Butler, governor of the stato of Nebraska, for the immediato payment to the state treasury of the proceeds of the salo of public ands of the Unitea States received by him from the gonoral government for tho benefit of tho state of Nebraska, under and by virtue of a joint resolution of the legislature of the state of Nobvaska approved Juno 24, 1509, under the provisions of which joint resolu- tion the said David Butler, governor as aforesaid, was authorized to demana and re coive and pay over to tho state treasury; and which said sum of money, amounting in the nggrogate to $10,88 the saild David Bnt- ler has converted to his own use, without authority of law and in violation of the stat- ute in such cases, made ana provided.” The resolution Wwas tabled on motion of ono of Governor Butler's friends. Its adoption would have given Butlor his last chanco to avoid the fatal consequences of impeachment, On the 2d day of March aresolution passed the houso 1n conformity with an opinion of the suprome court that the secretary of state, ‘William H. James, wbo by the constitution was tho next in succession to the governor, should act as governor during the suspension of Butler and until pending his trial before tho seuato sitting as a court of impeuchment. The managers of impeachment engaged Gen- oral Experience Estabrook and Judge Elea- zar Wakeloy as attorneys for tho state to as- sist the prosecution in the impeachment trisl. On March 3 the articles of impeachment formulated agaiust David Butler were for- mally discussed and adopted by the house. These articles wero eleven in number. The first charged Butler with unlawfully appropriating to his own use $16,851.20 of school mone This article charged that ho had uplawfully and corruptly drawn out, handled, employed and used the amouut spe- ciflea as nis own private funds and for his own private use and benefit. The second article charged him with being in collusion with and accepting a brive from cortain contractors for the coustruction of public buildings. ~ Specification 4 of this article also charged bim with levying black- mail on lessees of Saline lands near Lincoln, Specification 7 charged him with fraudu- lently conveying cortain lots in the town site of Lincoln, belonging to the state. Tho third article charged him with appro- priating @ part of the uttorney general's salary 1o his own use, Article 4 charged him with corruptly al- lowing Joseph Ward, contractor for several public buildings, a larger sum than he was entitled to. Article 5 charged him with be part; or managers of coming a 10 an excessive contract price in the on of the university building. Article 6 charged ‘him with wilfully falsifying facts in his answer to tho re- solution = introduced to the house requesting him to report the amount collected by him for school funds and what disposition had been made of the funds, in which comwunication he falsely declared that he had deposited the amount of money in the state treasury, well knowing that ho had not deposited "the same or any part thereof in such treasury, and intending thereby to deceive the house of representa- tives, the legislaturd and the people of said state contrary to his duty and oath of office. Article 7 charged him with loaning out large amounts of the permanent school fund to certain parties, knowing at the time that the securities were wholly inadequato and insufficient. Article 8 charged Butler with receiving and appropriating $645.43 balance of money in hand of one, Thomas L, Griffey, treasurer of the board of emigration, and” which sum of money said David Butler never paid into sury, bnt wilfuily, corruptly and un- appropriated to his own use, Arucle § charged Butler with conveying patents for seventy-five sections of land to the Stoux City & Pacific railroad company, lceatod 1n Doidge, Burt and Cuming countics, Our Nebraska Anniversary Sal E call your special attention to the following bargains in men’s money by draft or mail order, and write your name and addre: V which the railrond company was not entitled to. Artlole 10 charged Butler with diyers oor- rupt deals in tho sale of lots and lands in and around Lincoln, and among those specified was quarter section 30 in township 10, north of range 6 enst in Lancaster county, sold for $1,020, of which sum Butler had appro priated to his own use the sum of §1,120, Article 11 charged him with the salo of six lots to one Androw J. Crapsey, at private saleo, causing the tities therefor to be exe- cuted in the name of the state, for tho sum of $2,400, of which amount Butler appropri ated a part tohis own use and benefit. On Monday, March 6, the senate rosolved itself 10to a court of impeachment with the following named members: I, E. Cunning. nam, Richardson county, president; B. W Thomas, Nemaha county ; Goorge I, Tucker, Johnson county; Andrew J. Cropsoy, Lan: caster county; David Brown and Robert Hawke, Otoe county ; Lawson Sheldon, Cass county: A, W. Kennedy, Sarpy; Frederiok Metz and I. S. Hascall, Douglas; L. K. Hil- ton, Washington; A, W.' I'ennant, Dodge, and Leander Gerrard, Platte county, On Thursday, March 0, the managors of Impeachment, &ccompanied by the wholo house of representatives, and also Governor Butler vy his counsel, T. M. Marquette,Clin ton Briggs and John K. Redick, uppeared bofore the bar of the seuate, and the answer of the governor tothe articles of impeachment was formally read, ‘The court ordered the managers of impeach- ment to filo their roplication to the gov- ernor's answor within twenty-four hours and the formal trial was st for Tuesday, March 14, 8t 8 p. m, The opening arguments were very elabo- rate on both sides, lasting for four consecu- tive days. On March 18 the taking of testi- mony was commenced, and on March 27 the court of impeachmont was adjourned at the requost of Butler's counsel to May 80, By that time K. E. Cunningham, president of tho senate, had resigned his seat to accopt a federal office and f[sanc S. Hascalh-was elected president in his stead. The logislature reconvened on May 50 and on the following day the proceedings in the impeachwment trial woro resumod. Governor Butler preseutod & communication to the house of representatives expressing his wil- lingness to deposit in the state troasury the full amount he had taken out of tho school fund with intorest to date, providing the legislatura would pass an aoct to cancel the securitios. This letter was re- ferred to a special committee, By this timo it had become manitest, although not abso- lutely known, that notwithstanding the tre- mendous pressure which Butler and his in- fluential backers brought to bear on mem- bors of the senate, that body would bs com- pelled by the overwhelming evidence ad- duced to vote Butler guilty at least on the first_article of the impeachment. The only ossible chance of securing an acquittal was [2"tho withratal. of this articlo by tho house. All efforts were therefore centered upon the impeachment managors and four out of the five were mysteriously brough over to favor the acceptance of Butier’ proposition to pay in the school money which ho had wrongfully appropriated. When the proposition came up in the house a very ox- citing debate took place, 1n which the man- agers who had boen converted by Butler were worsted and the proposition rejocted. At 5 p. m. on June 1 | the argumenis of counsel on both sides were closed. Butler and his whole family wero on tho floor of the house and the scene was intensely affecting and almost tragio, Mr. Redick mado & touching appeal on b half of the accused. ‘‘Here stands David Butler,” ne said, “‘there are his wife and children. Shoot him on tho spot but don't send him out into the world with the brand of Cain upon him."” Judge Wakeley closed on behalf of the state as follows: “From all the wide prairies of Nobraska; from every town and everv valloy in its borders comes the voice of a wronged and betrayed people demanding that you do your whole duty in this, the crisis of her early bistory; that you do it sternly; that you do it fearlessiy. “Four years only Nebraska has been a state. They have been years of misrule and of ma foasanze at her capitol, years filled with dis- regard of law and defiance of constitutional restraint, where the law should have found their sworn defender; years filled with fraud and wrong, with corruption and rapacity on tha part of hor chief executive ofticer, taint- ing and disgracing his whole administra- tion. “If now you shall say, by your judgment, that thera is nothing wrong in all this, §aoth- ing that should be condemned, nothing that should bs punished, let the state go ons step further. Let her write over the portals of this state house in words legible to all who shall onter it hereafter, Immunity to cor- ruption guarantoed here! “But, you will not do this. You will gi just and vighteous judgment. Here, in the capitol of Nebraska, you will say to all ho# people that under their constitution thore is no place o oxalted that it ifts tha incumbent above accountability, You will say in language that will bo heoded as long as_your stato shall endure, that whosoover in times to como shall cross these threshholds to ontos the public sorvico must come with cloan hands, and his passwords must bo: lutege rity, fldenity, obedionce to the laws.” After roading onch article the president directod the secretary to call tho roll, and as oeach name was callod the senator roso in his seat and voted gulity or not guilty. The formula was as follows The secretary: Mr, Brown, Brown rose in his seat. The President: Mr, Senator, how say youl Is tho respondent, David Butler, governor of the state of Nobraska, guilty or not guilty of misdomeanor 1 office as charged in this articlo! Senator Brown: Guilty After each senator had been ocalled with tho samo ceremony and voted the sccrotar; turned to the prosidont (Hascall). At thil juncture there was a deadly silonce and every ©oye was rivetod on Hascall, as oight senators had already votod *‘Guilty,” and his vote would give the turce-fourths nocessary to & eonviction, Tho Secretary: Mr. President, how say you; 1s the respondent, David Butier, govs ornor of tho state of Nobraska, guilty or not guilty of misdemeanor in oftice, as charged in this article! The President: Guilty. The die was cast. David Butler stood con« vioted before the high court of impreachment from whose decision there is no appeal and whose decisions cannot even be reversed or rescinded by its own body. On tho noxt day, Eriday, June £, the senate wont through the form of voting on the other acticles of impreachment. Tho vote was scattering, but, on no one of the remaining ton articles was thero a numbor of votes cast sufliciont to conviet. On tho samo day, June 2, an order was votod declaring David Butler guilty of misdomeanor in oftice and therefore romoved from the office of goveraor. Senator NEBRASKA IN CONGRESS, rs from Nebraska Si sion of the Stato luto th John M. T g s W. Tipton s W. Hitche 1 Algernon & Paddock.... Alvin Saundors.... O L Van Wyek ¥ Oharles K. Minderson Algernon 8. Paddock .. ce the Admise Union. 1887-08 S FROM THE TERRITORY RASKA. DELEGATES TO CONGIt OF N Napoloon B. Glddin, Bird B, Chapman.. Novembor 6, 1833 Fenner Forguson .. August i, 1857 Experionco Estibrook . Octobor 11, 1859 Samuel G, Daily October 0, 1860 Phineas V. Hitehcc .October 11, 1504 REPRS ATIVES TO CONGRESS SINCE TI MISSION OF THR STATE INTO THE UNION, XX XIXth congress, 1865 th congress, 1867-C ISt congress, 186 Decomber 12, 1854 D T, M. Marquette. 0, John Tafre, Talo. Lorenzo Crounse. 9, Frank Welch, canoy . % K. Valentino. X K. Vaientine X X L ¥ irst District—A.'J. Weaver. Second District—James Laird, Third District—E. K. Valentine. XLIXth congress, 1885-! First District Wenver. Second District—Jumes Laird. Third Distriov—George W. E. Dorsey. Lth congress, 1887-50: Pirst District—John A, MeShane, ond District—James Laird. strict—Georgo W. E. Dorseyy Llth congress, 1801: 1rst District—William J. Bryan. Second Distriet—W. A, MeKeighan, Third District—0. M. Keu SENATORS AND REPRESENTATIVES IN THE FIFaw= CONGRESS. Senators: ernon 8. Puddock, Charles B Manderson. irst District—\W. J. Bryan, ond District—W. A. MeKelghan, T'hird District—0, M. Kem. A TELEGRAPH SCHOUL An oxcellent opportunity for young men and women to learn a good trade. Day and evening sessions throughout the start our graduates in railway service. year. Write for circulars. SHERWOOD BROS,, We 419 A, Y. LIFE BLD' 6 OMAHA, NEB, e ladies’, miss2s’ and boys’ shoes, ss plainly, Your order solicited C. Satisfaction guaranteed, Send the NORRIS & WILCOX, 1517 Douglas Street, Omaha, Neb. LLadies’ Fine Shoes, $3.00. They are in every style, plain, spring heel, cloth top or kid top. All sizes. patent tip, opera, comon sense, An elegant shoe, worth $4 marked $3 especially for this “Nebraska Anniversary Sale,” Men’s Shoes $3 We've taken two lines of men’s lace, button and congress shoes, that formerly sold for $4.80 and $8, and marked them plainly, $3 a pair, All straight hand welt goods, [nOur Boys' Dept. We make leaders this week ot our boys’ veal calf shoes at $1.80, and boys’ genuine calf skin shoes at $2.80; an elegant misses’ plain dongola shoe, $2: for this sale