Omaha Daily Bee Newspaper, March 9, 1893, Page 2

conviets in the prison. T think Powell's punishment produced death ““This rope areund the neck leaves a mark that depends on the size of the rope. 1 have noticed it after they were out, and wh thoy are in for quite a while it remains | somo time. It remained on the man [ first spoke of for a long time, and 1 saw one that was punished there that will have the marks as long as he lives." Deseribed by an Ex-Conviet. F. H. Ainsworth, an ex-conviet who now lives in Lincoln, described to the committen the method employed by the keepers in tric ing upa man in the dark cell for punish- ment. He had never undergone the torture | himself, but had seen men punished and heard from them their experience. It was the custom to handcuff a man's hands behind his_back, fasten @ noose of rope about his neck and then, drawing his hands well up, tie the noose to the handeuffs. The height at which the hands were fastoned varied at the will of the keeper. The resultof this mode of trussing is a numbness and cramp ing in the musecles of the arms, with a chok- ing when the arms are let down suffciently to pull on the ropes. A man of slight statur would stand the punishment better than o Targe man, but they have been taken out of the dark cell Insensible after being in there | twenty-four or thirty-six hours. The tor- | ture would be relaxed for an hour or two onee or twice a day. From 8 o'clock at night 116 o'clock in the morning prisoners triced up in the dark coll are left undisturbed Ainsworth knew of a convict named Johnson who was strung up to u stanchion till he fainted and was cut down on orders of the physician, Another man, when strung up, groaned from the pain and was beaten ove the head with a billy by one of the guards. He was punished because he could not do his task. John Gilbert nlso an ex-convict, told of an experience he had in_the dark cell. He was punished, he said, for resenting a vile epi- | thet applicd to him by the cngineer, scribed the pain as bemg almost intoler- His Personal Experie “After about co. nhour,” he said, “‘your arms get numb and tived. 1f you lower it will tear tho skin on your throat. cannot shift your arms so they will got easy You can’t sit down and your legs begin o ache, and pretty soon you ache all over Pains run all through yoi. Afte hours they take yourarms down, but you cannot move them then. I was in there twenty-four hours. When T was taken out T was 8o weak 1 could scarcely walk to the cell. 1 had a piece of bread three times a | day and my hands were loosened for an hour.” CGhlbert also told of sceing men assaulted by the guards. One young fellow was | knocked down witha club. He saw one man kicked the whole length of the corridor, the guard cursing him all the way. Con- victs are punished for violating the rules, but few of them know what the rules are, as only about one cell in six has a copy of the rules posted in it. A. L. King, an ex-guard, testified that it was much easier to, get into trouble under Mallon's administration than before, owing to the fact that Mallon was much more strict in applying the rules. Used to Condact it Personally, A. Bartle, who was employed at the pen| tentiary for four and a half years as guard and cell house keeper, told _about the prisoners were punished. He said it was brought in after 5 o'clogk in the evening he would be put in the dark cell and not visited again till 7:30 the next morning. He thought a prisoner might die under the torture during the night if he was *‘cinched up pretty tight.” Aftera mjn was put in he did not go to see’ him again till he went to release him. A man could only be released on ovder of the warden. Aman had no chance to see the warden until after he was punished. 1t was | very easy for a man to_be punished unjustly. The victim might faint under the torment and no one be the wiser, for there was no one he could call. When a man said he | would submit the matter was reported to Bartle, who in turn_reported to the warden, who then went down to see the man if he | saw fit. There was no way for a man to get out _except on an ovder’ from the warden. Bartle thought the punishment too severe, and said he could easily trice up a man in such a way that it would certainly kill him He had known of one man_who was in the dark cell undergoing this punishment for thirty days, and a Wweek to "ten days was a common sentence. Men were put in for not doing their tasks. In many instances the tasks were too great. Dr. Houtz Knew of It. Dr. W. G. Houtz, who was the penitentiary physician under Governor Thayer in 1801, was next called. ““The most of the punishment that T have known of” he said, “was in ving the boys in a dark cell and have their hands hand- cuffed behind them, There was but one time that i ever found anything beyond that. They had a boy that I used to go to see ina cell house, and they sent him to the dun- geon and kept him theve quite a while, and [ would sometimes go over near there and would see his hands up behind his back. I told the guard not to put a patient of mine in there after that, and they never did that Lcould find out. They had that boy with his hands drawn up on his back, but T don’t think it is necessary to put a human being in that condition. T have thought this thing over pretty seriously since 1 saw the way that man Powell was strung up. Of course, by putting the rope around the man’s neck in front so he could not put his whole weight upon his foot, tho ropo would choke' him ou can see how natural it would be for the man to stand on his foot but he could not stand there from evening till morning without his legs giving out. That would naturally hold his face forward and his hands being drawn up by the rope attached to the hand- cuffs and passed around his neck would keep him up and he never co get his bands over in front of his head because the rope is too short and I think if you laid him down it would choke him. In ¢ 2 man fainted “wnf under that punishment it would nat- H urally kill him. T don’t believe that I would allow a man to be put up in that way unless Istayed right by him. 1 don't think it would be safe. In the dark cell there are two little holes bored into the door apove, and that is the only opening there is. You see, the old cell nouse is i terrible sh They have a board in there about nd a half or three feet long and the floor is stone. They have | a pail mside, and they y that board upon the pail and rest on that. In case the punishment should be long contin- ued the convict would be liable to faint away, and in case he lost control of himself it would be very apt to choke him. T tel! you, gentlemyn, I'suw thom down in_there with that on them and I would order it_taken off, “There was oue of the guards there hit a man once. He hit him over the head with a loaded cane and cut a hole in his head so he dida’t know anything for o while and T told Dbim if he had hit the boy one inch further in front he would have killed him and he said he didn’t cave. 1 think they let that guard out. Fused to order them from punishment sometimes when I thought they had cnough. Sometimes, of course, by being in there o day or two they would' not feel very well. 1 always told the never to allyw a man to be handeuffed in the night. Tnever allowed it und if they did it 1 didw't know of it. A guard damned me one morning for being so kind to the convicts,” Cell Keepor Tiel Tells Iin Story. One mecting of the investigating commit- tee was at the penitentiary. After inspect- fng the cell house and the two solitary ¢ where punishment is inflicted, and par u- larly the dark cell where Conviet Powell met his death, nn\?' repuired to tho war- | den's office and M. L. Tiel, the present cell house kecper, was sworn. He testified that he knew Powell and knew of the pnnishment preceding his death, He said that Powell was reported by the keeper or the foreman of the shops for not doing his work and was sent to the cell house to be punished. He stated that the report as ncar as he could recollect it was: “Warde len, T report to you Convict Powell, N for slack work.” " He was put in the hole with a pair of handcuffs on him and with a rope strung up over his neck. The rope was afterwards shortened by tying it a little shorter, but not enough to amount to anything, maybe three inches. ‘It was about between a half and three- quarters of an hourafter that,” said the wit- ness, “that I found him dead. 1 was at his cell something after 10 o'clock and about twenty-five minutes till 19 I went back there and found him dead. When I left him the time before he was sitting there apparently in & good humor. I gave him good advice. That morning between half past 9 and 10 o'clock the warden and me was there together with the deputy, three of us. And the warden went there and talked with him released | euard | of | | back | under ook him oul“:a% h;l:onld not give him satisfuction o didu't appesr o care whother he wanted out or not. And then T LS RN 0 5 T when T went back T told him the best thing uld do_was to square himself and be o himself, and he said he didn't know whether he would or not. He didn‘t com plain any of his punishmant and he went in Saturday, and this was Tuesday. The hitch was on him all night, but he was let down three times a day for his bread and water. He had been punished before, but I wouldn't sny for the same offense. Ho was rather spare built and tall and was o man that was always sulky. I found him hanging to the door with the rope around his neck, with ¢ end tied through the door and the other nd his neck. The onl, way that I can explain it is that h took the rope off his neck right out through his hands, and that would leave his hands in front of him, and that you will find every once in awhile, Any of them can do it if they are a mind to."! fHow Powell Was Killed, everal convicts told the same stories of the punishment and 1(s effects on the system as detailed by those who had testified, and the story of how Powell was punished till he died was given at length in the testin H\‘uf Convict William Newberg and Convict Burber Ed Derry 1t secms that made in the yme improvement had b Is of the system, refining its cruelty. Instead of leaving the rope looso around the neck it had become the custom to put in a stick and twist the rope till it was impossible to get it off over the head, no matter how hard the vietim might try. This was because several who hadbeen hung up had succceded in getting the noose oy their heads, and thus in a measure suspend. the punishment. Powell had been reported for “slack hooping,"—that is, the hoops on the barrels he had made w not put on in an approved manner. Ior this he was condenmed to the dark cell He was first triced up with his hands be- hind his back and the rope twisted till he could not lower his hands a' bit. There he was loft till he fell to the floor exhausted Then the guards went down and got him out He was 80 weak he could hardly stand, and 50 they strung him up by his hands, so that his feet just touched the floor, thus giving him a chance to *rest.” He was kept sirung up for half an hour in this fashion, and then was given the regulation dose. the deputy warden attending to the twisting of the rop in person. He died shortly after. Witness Newberg saw Powell in his cell just after he had been found dead, and was ‘positive his hands were tied behind his back, and the rope so twisted that it was impossible to get 1t over his head even if he had assistance, Powell was dead when taken to the hospital from the dark cell. Newberg was sent to take food to Powell, and that is how he knew his hands were fastened behind his The doctor called in was the prison an, Dr. Stone. phy His Plea for Mercy Unheede % Baldwin overheard a conversa- between Powell and the cell house Powell was put in the dark cell on noon, and on Tuesday morn- ing he was given the extra twists that re- sulted in his death. On that morning Bald- Convict tion win, who was lying in his cell, suffering from the loss of a finger, heard Powell say to the keeper, when the latter asked him if he wanted to get out: “I can’t stand this punishment.” “1 can't help it,” replied the keeper. “You needn't tink you can come here place. You know that.” “Iéan't stand this punishment,” was all Powell could say. In a little while, probably half an hour, he was taken out dead. Bald- win said that the cries of the prisoners when zoing the punishment were terrible so.uetimes. N. D. Stone, hospiu had seen Powell oncec At that time there wa his condition and run this steward, testified ho ing his punishment nothing unusual in When next called in Powell was dead. He was lying on the floor of the cell with his hands handcuffed in front of him. The keeper said he had cut Powell aown; that the prisoner had bung himself. No rope was visible, but the marks on Powell's neck indicated that he had been hung. Much testimony was taken to show how the punishment affected the arms so as to render it impossible for & man to pass o rope through the hittle holes in the upper part_of the door and hang himself, even were his | hands freed after he had been undergoing the torture for a considerable length of time. Thinks the Punishment All Right, William Hastings, clerk to the warden and, convict clerk of the prison, was next exam- ined, but he knew nothivg of the Powell case except from the record, He was a de- cidedly hostile witness, although a conviet himself, insisting that the contract system was a good thing and that punishments were not more frequent because of it. Mrs, Mason was called, but could give no information as to punishments. Her testi- mony wus confined to the needs of the prison. Frances M. Kingman, a prison missionary, gave the committee the benefit of her ex- perience as a frequent caller at the peniten- ary and statements made to her by con- victs both while in the institution and after their release. Only Done in Nebraska. John C. Allen, secrotary of state, made a comparative statement o the pun- ishment here and in penitentiaries at Joffer- son Mo.. Chester and Joliet, 11l., Michi- gan City, Mich., the military prison at Fort Leavenworth and the Kansas state peniten- tiary at Lunsing, and said that with the sin- gle ‘exception of the penal institution at Jefferson City he regarded the punishment 48 more excessive in the Nebraska peniten- tiary. At the Missouri penitentiary they cuff'the prisoners and hook them to & post and flog them. The Nebraska penitentiary is the only institution of which the witness had any knowledge where prisoners had their hands cuffed behind them and were wriced up with a rope. Dr. Carder on Punishment, Dr. J. O. Carder, who was physician at the penitentiary’ for fifteen years, expressed the = belief that = the officials could not get along with less punish ment and maintain good discipline. He illustrated tho punishment used years ago and known as the bull ring, where prisoners were handeuffed and doubled up 1o a ring in the floor, and and foot, id_thought the new method less barbarous. He did not think there was any danger of strangulation unless o man was tied up too high. He said that the manner of tricing a man up until his toes were nearly clear of the floor was too severe and that & man could not stand it. He thought it would muke a difference in the other system if the rope was twisted, and thought & guard should have the judgment to see what a man could stand, saying that some men could stand 1t to have their hands up very high, while one of his build couldn’t stand it at all.” *Did you ever recommend.oe order a man released when you thought he was bound up t0o high and have it refused?” *Yes, sir, I did once or twice, but I would not like to name the warden. He is out now. " 1€ you said the man was sick and not abie to do his work, would not that be sufiicient to excuse him " Not unless the warden thought so. nappened with me once or twice; they didn't bring a_man out when I ordered him out, and I threatened to bring the matter up before the Bourd of 1ublic Luands and Build- ings, and that fetched the warden to,” Hrison Oficlals' Testimony. Charles Sweeney, turnkey at the pen, stated that while employed as guard he had assisted in tricing up convicts. He was there at the time of the death of Powell, but had nothing to do with roping him. He said he had worked in several peniten- tiaries and did not think the punishment un- duly severe. Robert Simpson, night keeper of the cell house, said he regarded the punishment as being painful, but did not think it suiciently 50 t0 cause & prisoner to lose consciousness. He was in the cell house on night duty dur- ing the time that Powell was in the hole, and had charge of him during those three nights. He said the convict did not com- plain at all about his punishment and did not scem any weaker in the morning than usual. He triced him up in the evening after supper and the last time he saw him before ho died was about 5:30 Tuesday morning. He was then standing up in the dungeon. So far as he knew, Powell ‘made. no effort to get the rope off. When he saw him the last thme he said nothing to him, seeing that he wus all right. He did not open the cell at any time during the night, as the prisoner was quiet, and apparently all right. He gave him his supper the night before, but did not remember how much Powell ate of it. He said that when men got the rope over their heads they were triced up higher. Dr. G. H. Peebles, physician at the peni- Lentiary for the past year, detailed his gen- eral observation of prisoners under punish- ment, and told of' exumining Powell about 5 | conc | | years have { and that such punishment is one which THE OMAHA the evening befors his death then apparently all right, and rope was attached oven more lossely than as ordinarily the case, The witness did nk the method was unduly severe, but at tho mathod of tying them up by ands would causs many men to faint within two hours o'clock on Powoll was th System Condemune. Coronor O Powell casy 1 told of his inqacst in the | nd gave somo eriticisms on_tho contract system. Attorney General Has tings was of the opinfon that the condition | of affairs at the Nebraska stato prison com- | pared favorably with the condition of other penal institutions Warden Dan Hop kins condemned the contract system. He | thought the mode of punishmeut was too | sovere to be loft in the hands of an irre- sponsible brute, such as the guards fre. quently were. Warden Mallon knew nothing of the Powell affair but what had been reported to him. He was absent at the time. but if he had betn at the prison he would have ordered Powell pimished, He ed the contract system and chargod all the frouble in managing the prisoners to the fact that they feel they are paying a | debt to the contractor rather than the stato and it is the natural impulse of the contractor to got all tho | work he could out of each pris- | oner. The «men communicate with each other constantly and discuss their affairs in apite of the discipline. Mallon was of the opinion that the best thing to do was to knock out the contract system entirely Calls it Willful Murder. M. D. Welch, secretary and treasurer of | the Western Mfanufacturing company, the | concern unier whos tions the prison ers are employed, was the last witness. He charged flatly that the death of Powell was murder, and Keep ler was the mur derer. 'He said it was impossible for Powell to haye iitted suicide, as reported by the keey use he ‘could not have behind him, and even if he had he could not put the rope through the hole and get it | | picked up the rope with his hands fottered | | back again without assistance. He said Powell had beev very sulky about his work and persistently neglected to do it in a proper way, aithough it was ns it right as wrong, and Powell could do it right, for he had. He knew that Wagner had given the rope an extra twist in_punish- ing Powell, for Mallon had told him s0. Some sort of punishment was absolutely necessary to preserve discipline and tho method of tricing up a man was not danger ous, unless the wuard who did the tricing made it so. Warden Mallon had been care: ful to prevent imposition on the prisoners, but he could not be at hand to hold back the guards all the time. These were usually | the most brutal of men. They were little better than the convicts. Mr. Welch gave several instances of unprovoked brutality on part of the guards. Genuine punishment in a dark cell was a good thing, he saidbut it was o brutal farce as practiced in the Lincoln penitentiary and a dangerous one There was no way to prevent brutality on part of the guards save by hiring men who have some sense of responsibility. 18y to do REPORT OF THE COMMITTEE, Fact and ed on the Evidence March 8,—[Special to Tie following is the veport of the joint committee from the house and senate to investigate the death of Convict Powell and the charges of cruelty and brutality made against the management of the peni- tentiary: “Your committee herewith returns a copy of all the testimony taken by it and submits it for your consideration. Your committe finds from the evidence so taken as follows: “irst—That the punishments in vogue in the Nebraska state penitentiary for many been inhuman, bar nd cruel in many cases, and finds especially that the system of punishing convicts by hand- cuffing their hands behind them, passing a rope around their necks, which rope is con- nected with the handcuffs, and drawn tight in order to lift and support their hands, is one that should not be tolerated in this en- lightened age, or in a civilized community, s likely at any time to be the indirect, if not the direct, cause of the death of a convict undergoing it. While believing and realizing that a penal institution of the character of the Nebraska state penitentiary cannot be safely and successfully conducted without a stem of punishments being pro- vided for refractory prisoners, vet your com- mittee deems it unwise to leave the matter of punishments wholly in the hands of one man, Findings of B LixcoLy, Neb., 'h Recommendations Should Legalize Punlshment. Your committee further believes that such punishments as may be salutary should be legalized and authorized by law, there being no provision in the statutes for the punish- ment of refractory prisoners, and to that end your committee authorized and directed the chairmen of the respective committees to introduce a bill, and your committee heartily recommends its passage. “It is an impossibility for the warden to attend to each individual case, and he must of necessity depend upon his subordinates to carry out his orders, and too often this re. sults in the punishment of the convicts being left in the hands of men of cruel and brutal propensities, and who have not one qualifica- tion for the positions they fill. We believe this should be done away with, and that the punishments for the graver offenses should be placed in the hands of a board composed of the warden, physician and chaplain of the penitentiary as provided in said bill. 1t Killed Powell, ‘‘Second—Your committee believes from the evidence that the death of Convict Powell was the direct and proximate result of the cruel and inhuman punishment in- flicted upon him. “Third—Your committee finds from the evidence that the food furnished to the con- victs is generally of good quality, wholesome and sufficient in quantity, but finds that at times, through the laxity of those in charge of thut department, food of improper quality and unfit for ng has been served, and would recommend that closer scrutiny be exercised by those in charge thereof. urth—Your committee further finds as follows: That the present female ward at the_penitentiary is inadequate for the needs of the institution, and should be s constructed, if possible, as to prevent any communication between the male and female convicts. That the hospital are not sufficient to provide for the present needs of the institution, and should be argely increased and improved. That there s no provision for the eriminal insane, and for the proper confinement, careand treat- ment of that class of convicts ““Iherefore your committee would recom- mend that an appropriatiou of $15,000 be made for the erectlon of a building in which provision shall be made for the above three cla of conviets. “IMifth.—Your committee finds that under the system now in vogue at the venitentiary sufficient time is not given the convicts to bathe, and that they are not permitted and required to bathe often enough, and would recommend that the officials in charge be instructed to provide for more frequent baths by the convicts, and that longer time faciliti be given them for bathing. To Get Better Guards, “Sixth.~Your committee would recom- mend that the pay of the guards and other minor offic at_the peniten- tiary be increased. The compen- sation now paid to the guards at the penmitentiary is too small to invite me1 of good character and ability to seek the posi- tions, and in consequence men of little better moral nature than that of the convicts them- selves are often employed to wateh over and take chargeof such prisoners. This com- mittee believes vhat it is a disgrace to the state that such men should be employed in positions of that character, and be that the wiser economy would be to increase the compensation and secure the services of men better qualified to fill them. How can it be expected that convicts will be reformed while under the care of men who are almost, if not quite, as lacking in moral principles! “Seventh—Your committee finds from the evidence that instances of inexcusable brutality u?«)u the part of guards, cell house keepers and other employes have been far t0o frequent, and recommend that a great degree of supervision over such employes should be exercised by the warden, and 'in- stant dismissal shouid be visited upon any guilty of exercising brutality toward those under his charge. Abolition of the Contract System. “Eighth—Your committee finds that the syaten of contract labor 18 demoralizing to the discipline of the institution, and believes that the convickcontract labor system should be doue away with at the earliest possible moment, The prisoners soon realize, after THURSDAY, Ing brought to-the ponitential that they o not working gomthe state of Nobrasii, and that ever, nqla:-nlulllmlr labor vields o roward to o chithactor with whom thoy an havo no sympathy, and soon they bogin to be slack in their work, which results in a report to tho warden and the consequent punishment of th¥ o ¥onding convict. Punish ment inflicted fogthat reason simply causes the convict to becomo soured, gloomy and dispirited, and as long as the contract sys. tem s pormitted tg prevail the discipline of tho prison will be ;II‘J[ below the standard which should oxist Parole System Recon nded, “Ninth—Your “cBfumittec wonld recom mend the passag@dfa law providing for the parole system in:conneetion with the peni tentiary, as we belipve that it will result in the saving of largo sums of monoy to the state and the reformation of many who otherwise would bocome confirmed erir inals, This system is now in vogue in many of the states and has proven beneficial, wise and saluta “Tenth Your committee belioves that the system of confining young convicets, under sentence for the first time, with the older and hardened criminals to be wrong in principle and unwi that every ende 2 in practice. We belie vor should be made to r form the ‘young criminals and to lead them to live moral and upright lives, but all efforts in that direction will be thwarted while such young criminals are permitted to nssocinte with mon who have led criminal careers during their whole lives, and therefore recommend that suitable arear ments be made by the officials in chary classify and separate the older and moro hardened er To kd “‘Eleventh—Your committee behieves that some provision should be made whereby the fgnorant convicts, as also those who may desire further educational advantages, may be taueht such branches asare taught in the common schools of the state, and to that end we believe that a night school should be we held not less than two evenings in each weck, at which all those convicts who can not read and write should be required to attend for instructions and that others who should so desiro might attend for further instruction in the common school stuaies. ion of the proper control of the s and the general work of penal institutions, has from time to time re quiret the atten.ion of the ablest statesmen the world has produced. The one great problem confron.ing civilization in its ad vancing strides has been to properly define the limit between punishment and *cruelty. The necessitics of the government requive the confinement and punishment of criminals for the protection of the publie, and itcan- not for a moment t ssumed that the state, inthe punishment of erimiaals, has any more right to be brutal than the eriminal himself. Hence, the wise view of the question would determine that the state, not only on the eround of humanity, but'on the ground of ting an example 1o the criminal class should itself use moderation in the punish ments imposed Reformatory Work 1s Needed. “Your committee believes that while the distinctive character of the penitentiary as a penal institution should be maintained that the question of reformation might be brought in to good advantage. he evidence before your committee shows that there are anumber of inmates in the institation who have been there spveral times before, which would indicate that,there was something lacking in the system. Your committee would sugwest thit s can be done without injuring th cter of the peni- tent a penalk institution, that reform- atory work should. bg carried on_in order to make the inmates better when they leave. “Your committee finds that much good work has been done by philanthropists and educational assoviations among the prison- ers, and especially commends the work of the Lincoln Chputauqua association as shown in the meatal and moral improve- ment noticeable in-a number of prisoners. “Your committge would further recom- mend that the secretary of state be in- structed to have printed 1,000 copies of this report, and the pvidence herewith sub- mitted, for distribution.” IN THE S Clarke's Maximum Rate Bil Indefinitely Postponed—Other Routine Work. LixcoLy, Neb., Mar 1 to Tue Bee.]—The senate this‘morning plunged at once into regular routine work. Senator Darner preseuted a numerously signed pe- tition from the railroad employes of Omaha protesting against thé passage of either the Clarke or Newbe: ry maximum rate bills. The railroad committee reported senate file No. 241, a joint resolution relative to the payment of the indebtedness of the Pacitic railroads to the government,with the recom- mendation that it be placed on the general file. Senate file No. 103, by Gray, reducing pas- senger fares on Nebraska railroads to 214 cents per mile, was by recommendation of the committee on railroads placed on the general file, cnate file No. 95, by Clarke, regulating railroads and fixing maximum rates, was in- definitely pdstponed , in spite of the efforts of Kverett and others to have it placed on the general file, Senate file No. 16, by Stewart, was in- definitely postponed. A notable feature of the session of the senate was the reception of the report of the committee on miscellaneous corpora- tions recommending that McDonald’s bill to regulate stock yards be placed on the general file as amended by the committee. The amendment strikes out the first seven sec- tions of the bill, and as a result the bill is stripped of all its essential features. The bill as it now reads simply makes it unlaw- ful for owners of stock yards to prohibit the owner of any dead stock or condemnei stock in such yards to sell the same to any person they muy desire. Senator MecDonald made no protest to the adoption of the report, but stated to Tue BeE representative afterwards that when the bill came up for consideration in commit- tee of the whole he should make a fight to have the measure restored to its full effect. He says he has the votes to pass the bill as it was originally presented A large number of house rolls were re the first time and several bills read the ond time and referred to the appropriate standing committecs. B The senate went into executive session just before noon and by & unanimous vote conflrmed the appointment of J. E. Simpson s steward of the Norfolk insane asylum. he doors were opened and the senate took a recess until 2 o'clock. 5 Immediately after reassembling at 2 o'clock the senate went into committee of the whole to consider the general appropriu- tion bill. Fixing Up Appropriations. enator Pope offered an amendment giving the governor 2,0000fgr a contingent fund, He explained cthat thg governor requested that the amount be cpinced at his disp ‘The amount was grimted, the fourteen inde- pendent senators voriug in the neg The pay the exvense of brinting and cireulating the election laws. The auditor of piblle accounts was giv $200 additional for sthtfonery, $200 additional for books, blanks and stationery, and $0 for sundry office expensas, | The items of the .appropriation for the oftices of the state froasurer and superin- tendent of public instruction were passod at the request of Senator Harris, who stated that as a member of the investigation com- mittee ho had spent'fonsiderable time in the treasurer's oftice anfl hé‘intimated that there were some startling-rexelations coming. The attorney general was given $200 addi- tional for traveling expenses, §200 additional for stationery and postage. While the appropriation for the attorney general was under consideration Senator Dale severely criticised the action of the publican and democratic senators in raising almost every item. He claimed that the minority would take an appeal to the people and predicted that two years hence the political parties represented on the other side of the chamber would receive a well merited rebuke. Senator North called the speaker to or claiming that he was making charges over from the last campaign, Chairman Mattes instructed Dale to con- fine his vemarks to the subjest under con- sideration. Dale replied with considerable warmth and asserted that he was in order and that he wouldn't sit down unless the senate com- pelled him to do 50 by force. The umrnn'fwnu‘-:l ‘n:.. u‘wn given an additional $100 for print briefs, The commissioner of public lands and loft MA T RCH 9, 189 buildings was given #1.000 for postage instead of $300 as provided in the bill Cut Down One, When the Board of Public Lands and Buildings was reached the senato took a new tack. The appropriation for repairs, ete was cut from 000 to #2000 ane for fu to £7,000. The Board of Purchaso given an additional &0, The propriation for bailiffs for the supreme court was increased from $2,400 to 83,200, The sum of 845,000 was appropriated or stenographic assistance to the supremo court co ssioners. The item for postage was increased by 00, The appropriation for printing supreme court reports was in roased §7,000, for the reason that the ty of the court has been doubled senate then went back to the ofice of the item and Supplies was ommisstoner of laborand struckout the iro item and substituted the following Postage, £300; bo blanks, ete., #1,000; traveling expenses, 81,000: telegraph, etc.. £200; contingent expenses, £200; office ex penses, £200; being an increase of The committee then arose and reported progross col ll the Report, The special committee appointed to in- vestigate the alleged eruelty to convicts at the stato penitentiary then presented its port, together with the evidence upon wh the report was made. A communication was received from the governor, but no ofticial action was taken i rogard to it. The communication named S. H. Burlingham of Seward, Judge J, H., 1 of Omaha and Lew May of Fremont as mem bers of the State Fish commission, Judgr Blair taking the placo of B. B B. Kennedy, resigned The senate then adjourned IN h HE HOUSE, the Timo of n. Koutine Business Oceupi Few Who At LixcoLy, Neb., March 8.—[Spe Bee.]—In the house this forenoon but sixty- cight members answered to the roll call, and the chilly condition of the hall made the work of the morning unpleasant. But two bills were considered in the committee of the whole and both received affirmative action Suter moved to go into the committee as soon as the vegular preliminary business had been disposed of. The motion prevailed aad the mover was called owing to some modest reason which was not al to Tue divulged he refused to occupy the throne of | a demo-pop speaker, with some reluctance pressed the legislative button The first measure taken under considera- tion was Keckiey's bill, house No. 170, to provide for ditching and draining swamp land; to protect the same by levees, and pro- viding also for the manner of instituting legal roceedings in cases growing out of the enforcement of its provisions; also the manuer of selecting jurors and cordu damage suits. Jensen became so interested in the bill that he called Horst to the chair nd took ‘NVatson's seat and turned in mendments on_schedule time. The amend ments pertained to the part of the act relat- # to the impanneling of jurors and the matter of adju gos. There was none of the forensic element that usually accompanies the consideration of bills in the committee of the whole. The committee recommended that the bill pas House roll No. 225, by Nason, taken up and recommended to amended. The bill provides in the same as the first one by Keckley, and re the act “to provide for the ining of swamp lands in the state of Nebraska,” also to provide benefits and assess damages if any arise. This measure was also the object of attack for the legion of amendments. The commit- tee then arose and reported the bills back to the house with the recommendations that they do pass, which reports were adopted Before adjournment the following resolu- tions were offered and disposed of as indi- cated: Jensen was called and took the chair and Some Resoluti Scott asked unanimous consent_to offer a resolution. The speaker allowed the read- ing of the resolution with the proviso that ns Offered. no action should be taken in the event that objection should be raised. Whereas, The rules of this house are such ty-one votes can take any bill out of its regular order at any time; therefore bo it Resolved, That it is the sense of this house that we have no sifting committeo during this sessfon. Jensen moved that the resolution be laid over until today and the motion prevailed. Jensen offered the following: Resolved, Thata committee of three be ap- pointed by the speaker to confer with a like committee to be appointed by the senate to fix a duy for the finil adjourninent of this ses slon of the legislature of Nebraska. Objection was raised to the consideration of the resolution and it was laid over pend- ing the regular order of resolutions. Dobson offered the following : Whereas, C. W. Mosher Is n_heavy stoc holder of the ‘defunct Capital National bank and lurgely responsible for the failure of said ank; Whereas, Said 0. W. Mosher has the contract with the state for the keeping of the inmates of the state prison and receiving large sums of money from the state; and Whereas, The state is a heavy creditor of said defunct bank; therefore bo it Resolved, That the state auditor and secre- tary of state bo requested to inform the sald Mosher that in the future they will not sign any vouchers or warrants for any moncy that mity be due said Mosher on said c to apply said sums to the funds that were d preciated from the cause of said bynk failur “The resolution will await the regular order before action is taken upon it unless other- wise brought up by a vote of fifty-one. The house then took a recess until 2 o'clock. Bills Recommended. ‘The afternoon session of the house was de- voted to the consideration of bills of general file in committee of the whole, with Schap- pel in the chail No. 862, By Fulton, legalizing the allow- ance of foes to county treasurers in counties under township organization was recom- mended for passage. No. 880, by Gi ment heretofore administered by commis of deeds, being designed to correct any illegality owing to an error in the form, was referred to the committee on judiciary. No. 6, by Krick, abolishing the office of 1ip collector, was recommended for in- definite postponement. No. 113, by Oakley, providing for the de- tention and maintenance of homeless and indigent minors, was recommended for pas- sage, as was No. 283, by Scoti, regulating 1 sales in foreclosure proceedings. James, requiring owners of e fences to regulate and trim them, was recommended for indefinite postponement. The committee then arose and submitted its report, wkich was adopted except so far as it related to the postponement of No. 6, which was ordered referred to a special committee of five, with instructions to re- port tomorrow afternoon. The house then adjourned until tomorrow morning at 10 o'clock. ——— e WESTERN PACKING INTERESTS, New pason Opens with a Small Movement of Hogs. Cixerssatr, 0., March 8.—[Speeial Tele- gram to Tie Bee.]—Tomorrow's Price Cur- rent will say: The new packing season opens with a:small movement of hogs. Western packers handled about 140,000 the ¥ t week, compared with 160,000 the pre- Promi- ceding week and 150,000 last year. nent places compare as follows CITIES, Chicago : Kansas City. .. .. Omaha " St Louis Moux City. |1 Cinelnnatl Otumwa. .. Wichita Milwaukoe. 20,090 12,000 Casper's Booming Business. Caseer, Wyo., March 8.—(Special Tele- gram to Tug Ber]—Over §20,000 worth of real estate has changed hands here this week. The railway is erecting new shipping works and 250,000 sheep are booked for shearing. “No perfection is so absolute, That some impurity doth not pollute.” Use Carlsbad Sprudel Salt for all im purities of the blood. Itis Nature'sown remedy. Beware of imitations and in #15t upon the genuine lmported article and lights was veduced from $3,000 he | to the chair, but | fin, legalizing acknowledge- | | that it was impossible to ge e [SINGLE TAX THEORISTS They Aro Given a Hearing hy Iowa's Tax Rovision Qommission, THEIR IDEA OF THE PRESENT SITUATION Louls Post of New York Argues In the In terest of the New Plan erty ow Jwners Avold the Des Morses, Ta., March § gram to Trr Ber. |—The single ta had a hearing before the stato tax revision commission today., They we by Louis I Post, editor of the New York Standard, Mr. Post hela that much land is bought in order that an inerease in value may be had. 1f you take the tax off of labor and improvements and put it on land the would be no desire to hold land as & monop he thought. The land value would reach an equilibrium. Ina word, the fact that there is speculation gives land an ab. normal value. Thesingle tax would rob land of this speculative or fictitious value and would have the ef ect to stimulate im | provements. “But," said Mr. Lane, “if we should adopt your single tax theory how would such men s my father, for example, who has all his property in land, obtain justice?” . Some Would Be Injured. In replying Mr. Post acknowledged that in the proposed transition, as in all transi tion periods, some one would be pinched The case was analogous with the holding of slaves. In frecing the slaves the ownor: lost. The change, he believed, was justifia ble. Another thing, Mr. Post argued that if you had a &,000 farm, unde single tax, deception in the matter of ment, now so much practiced, would be im possible. Everybody would kriow just what that farm should be assessed. Mr. Whiting--I1f our land taxes how are we to pay highway taxes? Mr. Post—You ought not to have to pay such taxes. All this shoutd be a state obli gation. Land value is a fund, a common fund, which no one carns. A locates on land does not earn the rise which time brings. Mr. Whiting—In 1855 than 81 per acre. My farm is now valued at 10,000 Haven't T done my full proportion in making that land valuable? Mr. Post felt sure that Mr. Whiting was an excentional farmer, but replied by saying at just what a for a community, some do more, goes down in our school and man do some les: Much Property Not Taxed. At the closc of his_talk the assessors of West Des Moines, Messes, Roseberg, West, Chapman and Kelsey, had a hearing Roseber occupied the floor, The speaker was of the opinion that property in Des | Moines is not taxed above 25 per cent of its actual value, The aim is to assess business blocks at about 40 actual value, but he above 25 per cent per cent of the did not believe it was As to loan and trust com- panies, they were pretiy nearly allowed to assess themselves. Ho was in favor of a law taxing corporations where they are located, | Mr. Kelsey said that o leadiug citizen had | said to him that there was £1,500,000 worth of projerty in this city neveron the asses- | 1 | Crecks.—E sor's books, “1should say twice Rosenberg. Mr. Rosenberg w hurch property. 1t should not be indi is taxed more heavily porations, as is now the case as much,” said Mr. that than an cor- Cha Stovx Crry, Ta, gram toTie Ber.) ging its Course. March 8.—[Special Tele- The Missouri river at this point is making inroads into the Ne- braska bank that threaten to carry the chan- nel into a bayou and beyond the south end of the Northwestern Railroad company's £1,000,000 bridge. The company s unloac a great quantity of rviprap here, and. hope to check the ravages by protecting the bank Weary of Life Makexco, Ia., March 8.— gram to Tue Bee.]—Mrs, W, J, mitted suicide last night by taking poison. Her husband is an insurance agent. and they had been married but six months, He was away from home. No motive is known for the act as she was apparently happily, sitn- ated. pecial Tele- nger com- AYER’S Cherry Pectoral Has no equal for the prompt relief and speedy cure of Colds, Coughs, Croup, Hoarseness, Loss of Voice, Preacher’s Sore Throat, Asthma, Bronchitis, La Grippe, and other derangements of the throat and lungs. The best-known cough-cure in the world, it is recommended by eminent physicians, and is the favor- ite preparation with singers, actors, preachers, and teachers, 1t soothes the inflamed membrane, loosens the phlegm, stops coughing, and induces "™ AYER’S Cherry Pectoral taken for consumption, in its early stages, checks further progress of the disease, and even in the later stages, it eases the distressing cough and promotes refreshing sleep. It is agreeable to the taste, needs but small doses, and does not interfere with digestion or any of the regular organic functions, Asan emergency medicine, every liouse- hold should be provided with Ayer's Cherry Pectoral. “Having used Ayer's Cherry Pec- toral in my family for many years, [ can confidently recommend it for all the complaints it is claimed to cure, Its sale is increasing yearly with m and my customers think this prep: ration lias no equal as a cough-cur —S8. W. Parent, Queensbury, N. B, AYER’S Cherry Pectoral Erepared by Dr. J.C. Ager & Co., Lowell, Maas. Bold by all Druggiets. Price 81; six bottfes, §5. Prompttoact,suretocure ROPOSALS FOR FIELD SEED3—United States Indian Service, Losebud Asoncy, D. February 20th, 1504 -Seuled proposais, cudarsed “Provosuls for Field Seads,” and ad- aressed to the undersigned at Rosebud Agoncy, 8. D, will be reseived at this agency until ano o'clock p. m.. ot Wednesday, March L5th, 1803, for furnishing and this agency: 150 busiiels of seed onis: bushels of sead potatoe 0 bush, seod wheat. Bidders are requested to state spocifically in their bids the proposed price of ench urticlo offered for delivery under i con- truct. The right Is roasorved to’ reject any or all bids orany part of any bid If deemed for ho bost interest of the service, UENTIFIED ch bid must be uccom paniod by u certitiod check or draft upon United Stites depository, or solvent national bauk in the vicinity of' the res:dence of the bid ler, made ayable Lo the order of the Jommissloner of Pidian Afruirs, Tor nt loise ¥ive BER CENT of tho amount of the proposal, which check or draft will be forfeited to the United Statos in case any bidderor b dders recelving sn award shall fall to promptly executo a contract With good and sufficient sure otherwise to he roturned to the b accompanied by tiflod check will not be con- in lleu of sidored. Vor furtner inforination oply o J. GEORGE GHT, U S Indin Agent. Flod2l—uw [Special Tele- X theorists » represented was the 38088~ man who my land cost me less | also in favor of taxing | | throu thout tne adonsgn LIFE SECRETS. Don't worry Don't hurry. “Two swift arrivos as tard too slow," sl 4 | rStmplity ! “Simoity " “Bimplity | ovor Don't starvo. « Lot your | sration be known to all men." | (Court the fresh mir duy and night. “On, It YOu knew what was in tho alr Sloap and rost abundantly. Slecp Is naturo's benedletion end less norvous nerzy oach day th I y each day than cheerful. A light heart lives long." hink only healthfall thouzh ts, thinketh tu'his heart, so 13 ho, Avold passion and exeltement. As i man A momont's anger may bo fatal | . Associate with hoalthy people. Health it | eentaglous as woll as disease, " “Don'tearry the whole w d on vourshoule ders, far loss tho universe. Trust the Etornal* | . Watceh tho first signs of o o D | slgns of o coming eald, Ninee tenth of all diseascs start with a cold, 1f, at any time. you foel ohlily, it you sneore 1t you huve cold hands or feci, 1f your hewd svoms heavy or uchos, toko ot ) tho hess and purest stimulnat you can soeure. Thore are many that nro oinfmed (o b good stim e 1ants, but there ts only ono that 18 strictly Hab e and possessos the hest qualities, und that Is Duity's Puro Malt Whiskey his whisikoy has mads more {riends by rone f what 1t has done for poople, than any preparation of the present duy. Do nob | | your druggist or grocer argue with you upot this subjoet, hut fasist upon having th | purest and best, ‘which will ald you to solve VLife's Socrots. FityYears Seltesl GONSUMPTION CAN BE 7CURED. Tt Dr. Schenck's troatment an 1 euro of Con- sumption were somethine new and unteied peoplo might doubt: but what has proved It- self throngh a roco old as our grand fathe ©r8, means just what it is A Specific for Consumption #nd for o1l disenses of the Lungs. No treat- ment in tho worldean place 5o many oy nent cures of Consumption to its oredit as Dr. hen Nothing in Nature acts sodirectly and effectively on the lung membranes and tissues, and 5o qulckly disposes of tut congostion, inflammatic 18, couzghs o | all the sceds of Consumption as ; ; Dr. Schencl’s Pulmonic Syrup When a1l else fails 1t comes to the resciio Not until it fails, and only after faithful t al, When any one despond, Tt has brought the Tope! Lo 1ifu und health, It has turned the dospalr of ten thousand hiomes into joy. It Is doing 1t now. It will continue fo do It ages. Dr. Schenek's Practioal Treatise on Conswnption, Liver and Stomach Dige cases mailed free to all applic s, Dr. J. H. Schinck & Son, Phitadsiphia, P, 000000000 © Tulf's Tiny Pills ® @ A singl sult dose produces benef iving eleerfalness ¥ of body to which stranger, AMUSKEMENTS. |Get n GOOD Thursday, March9 (MATINT THRER NIGUTS COMMENCING } SATURDAY.) ““1 WONDER WHATNEXT THEY WILL D0 Sensiaze|Wr. R, E. GRAHAM- The Original General Knickerbocker in the “Littie Tycoon" and Mr. IL. Greenwall's Clever Company. LARRY i) L§RD. ‘ The sale of seats Is now open at the follow= inz pricos: I rst floor, dle., 75¢. and $1.00; Bal= cony, be. and Te. Ths New Musical Comedy, An SUNDYY, HONDAY, TUESDAY, MARGH 12, 18, 14, The Orizinal and World Famous HANLON BROTHERS Presenting thelr greatest triumph, SUPERBA (WORLD'S FAIR EDITION,) Direct from the 14th St. Theater, New York The sule of sents will open Siturdny morn- ing at the following prices: First {100r, 5. Toe. and 81.00; buleony. se. wnd 7o FARNAM St THEATER, ‘U (5¢, 25¢, 350, 50c and 75¢. MATINEE GATURDAY. Ameriea) ALWAYS THE BEST. 4 Ve Sunday, Mar, 12 The Only Novelty in Town, The Creat Snccess W W U B T %7 The Nautical Pantomigpio Comedy. MATINEE WEDNESDAY, CONCERT COMPANY OF BOSTON BERNHARD LISTEMANN, '_IIII. RONCONI, Fiute, FRITZ LISTEMANN, \iolln und Piaro. . M. FLOCKTON, Double Bass. MISS NANNIE HANDS, PRIMA DONNA. TUESDAY EVE, MARCH Oth. ~ Reserved seats cu sale at Mux Meyer's wusle SNIGHTS St MARCH 9 [1eA. . Filds i Minsirels FARNAM St. THEATER, *"fiiks The Famous Bros. Byrne, Big LISTEMANN Y. M. C. A, HALL, wo““”??y@fifl THEATRE. UNDER THE GASLIGHT Brazil & Alton’s Vaudevilles. Avripla-plated 8 [ver Tavlespoon or every iy Visitor at evory performunoe, r PODIIOT PriGES el Biateiny Neia, 300 Reserved Parauet seat \d practical investment. Plug systom on esstern yoar Roferences [orm rospoctus 1805 free, O D, BOWE rooklyn N ¥ >