Omaha Daily Bee Newspaper, June 6, 1893, Page 1

R impeachod State Officials Exonerated by the s Supreme Court's Decision. WAS NOT A UNANIMOUS VERDICT ” . dge Maxwell Dissents from the Holdings of Judges Noryal and Post. OSITION TAKEN BY THE LATTER PAIR { ‘nch Wrong Was Shown, but Not Enongh to { Warrant Removal, J'THERS MUST BE HELD RESPONSIBLE !T ortoomings of Legislators, Superintendents and Oontractors Fully Set Forth, @ folds that Every Polnt Sustains His Deolslon Against the Respondents, and that They Should Bo Removed s from Oftice. 15 Lixoorx, Neb., June 5.—[Special Telegram o T Bre.]—The supreme court of the tato of Nebraska devoted its time and at- £ ention this afterncon to making history to fh o handed down to future generations. It yas the day set for the handing down of the oinion in the impeachment cases against teorge H. Hastings, attorney general; John Allen, secretary of state, and Augustus k. Humphrey, commissioner, who constitute t{gne Board of Public Lands and Buildings, 7,%‘ d against whom articles of impeachment, RUP) o ring misconduct in office, were found by AR Lo last legislative assembly Four weeks during last month the supreme ourt sat as a court of impeachment, hearing Rho testimony regarding the steals in the onstruction of the penitentiary cell house i nd tho insano asylum coul and flour steals. B8% oo the case was taken under advisement. Fhis afternoon when the hour of 2 o'clock @olled around Chief Justice Maxwell and 4 frudges Norval and Post closcted themselves ln the private consultation” room, loaving E'n anxious crowd waiting in the supreme court chambers, As time moved along the little room filled to 1ts utmost capacity with eager spectators among whom were ex-Gov- ernor Thayer, Ada M. Bittenbender, Nebraska's female lawyer; Prof. Rakestraw, superintendent of the Asylum for the Blind; Editor Butler of tho Osceola Record; General Colby, possessor of tho Wounded Knee papoose; Colonel Russell, ex-comman- b-der of the Grand Army of the Republic Managers Colton, Casper and Barry, and the following members of the last legisia- ture: Daviesof Cass, Crane of Douglas, Oakley, Burns and Cormish of Lancaster, Keckley of York, Sheridan of Red Willow, YLowley of Seward and Jenson of Fillmore, Two Opinlons Were Filed. ‘While it may have been a coincidence, it @was a fact nevertheless, that none of the ecused officials nt, nor were Lheir attorney for the man- \gers were on hand and patiently joined in e waiting as the hours passed away. The .onclusion was reached that another delay huch as was experienced last Monday was in ight, but at 4:10 o'clock the spell was broken by Dave CampbeM, clerk of the court, Evho entered the office to state that tho bpinion had been filed. There was a rush or the clerk’s oftice, and a hundred hands vere rcady to grasp the document jue of which, by Chie astice Maxwell, that the r pondents wer y. o8 ch h the specifications, s 'y Judges Post and Norval, holding that th tate had failed to make its case. The ma- rity opinion, vindicating the respondents, substantlully as follows: Why They Aro Acquitted. By the provisions of section 14, article iii the constitution of 1575 the supreme court d not succeed to any of the political func- pus of the senate as a court of impea nt under the prior constitution. The pro- sion of tho trial of impeachments be- re this court was intended to sure & strictly judicial mvesti .tion in such cases according to judi ethods. Where, in an impeachment pro- beding, the act of official delinquency con- sts in the violation of some positive provi- on of the constitution or statute which is enounced as @ crime or misdemeanor, or Phere it is a mere neglect of duty, willfully fone with a corrupt intention, or whether he negligence 18 so gross and the disregard pf duty so flagrant as to warrant the infer- B e il tu) and ORRARE N e Jnisaemeanor in officé within the meaning f the constitution. But where such ct results from a mere error of udgment, or omission of duty without the lement of fraud, or where the alleged negli- ence is attributable to misconception of duty ather thun a willful aisregard thereof, it is ot impeachable, although it may be highly orejudicial to the interests of the state chment is, without regard to the pro- n_of evidence and quantum of proof equired to warrant a conviction, essentially f criminal prosecution; hence the guilt of he accused must be established beyond a wsonable doubt, The functions of the Bonrd of Public Launds and Buildings in passing upon claims against the state, and n the actions of subordinate officers and gents authorized by luw, are in theirnature Ruasi judicial. Maxwell, chief justice, dis- eating. Dorgan's Employment Condoned. “An ofticer isnot liable fora judicial act ex- pt whore he acts willfully, maliciously or orruptly. This is a rule of great antiquity, nd rests upon the soundest public policy fand in its application isnot limited to i\x:lm‘s. but extends to all officers and boards churged with he decision of questions quasi judicial A character. The legislature of 1801 appro- riated §40,000 for the building of a cell ouse at the peniteutiary by day's work “Phe Board of Public Lands and Buildings having said building in charge, selected for superintendent of construction one Dorgan, known to be the agent and manager of Mosher, the lessee of the prison labor, with the unders mdlng that he would have to coutract with Mosher, his principal, in behalf of the stato for the necessary labor and fix the prices tobe paid therefor. It “oes not appear that the labor could have been procured for less than the rate alowed by Dorgau, towit: #1per day, and is ad- mitted 1o have b worth more that that amount. Held: That the action of the board In selecting Dorgan as the representative of the state, while highly ceusurable as un- businesslike and wuntmf in that intelligent regard for the futerest of the public which tho state exacts from its oficers, was at most an error of judguient not amounting to & misdemeanor in ofice. Maxwell, chief Justice, disscuting, These Were Not Wrong. “It is not a misdenieanor ip office to ad- VANCe woney appropriated by the legislature 10 & disbursing agent Lo cuable him to pr owre material and labor for the crection of a public building of the state where such ad- vancoment is not prohibited by law, espe- cially where the stato 18 protected by a sufficient bond. Maxwell, chief justice, dis- senting. “Through the neglizence and incompet- ency or fraud of a superintendent of con- struction. the state was charged for building mater greatly in excess of the reasonable or market value thereof and for labor which had not been performed. The bills rendered therefor were presented in the usual courso of business and allowed by the Board of Public Lands and Build- ings, acting in good ith, d 1n the belief that such claims were legitimate charees against the state. Held t the allow- ance of such claims is not a misdemeanor in office for which the members of the board ure impeachable. Maxwell, chief justice, dissentir Good Falth Excuses Them. “The Board of Public Lands and Build- ngs used &00 of money appropriated for tho building of a cell house at the penitentiary to defray the cost of visiting prisons in neighboring states, the alleged purpose of such it being to gain information with vespect to the character and quality of cells to bho selected ; also improved system of ventilation, and also other methods of bettering the sanitary con- dition of the prison. It appears thut they were advised by the attorney general that said money could be lawfully used for the lmr;msu named. Held: That the test of their iability in this proceeding is not whether such advice was technically correct. If they. in good faith, construed the law as authorizing them to apply the money to the object named, and actually used it for such purpose, they cannot be adjudged guilty of a misdemeanor in ofiice solely be- cause the court may differently construe the law. Maxwell, chief justice, dissenting. “Evidence examined and held not suf- ficient to warrant a finding that the re- spondents are guilty of converting any part of the last above named to their own use. Maxwell, chief justice, dissenting. The Board of Public Lands and Build- ings, out of the cell house fund above named, paid the sum of $200 to defray the expenses of the warden and chaplain of the penitentiary as delegates to the National prison congress at Pittsburg, Pa. While such expenditure was not within the scope of the authority of the board, and the re- spondents are liablo to the state for the money 80 appropriated, they acted 1n good faith and from motives of humanity with- out the possibility of personal gain, and such facts are not sufficient i law to war- it their impeachment. Maxwell, chief justice, disscuting. Fault of the Superintendent. “During the year 1801 and the month of February, 1802, extensive frauds were prac- ticed upon the state by contractors for coal at the Hospital for the Insane at Lincoln, although tho amount of such frauds cannot be determined from the proofs. Following practice which had prevailed for many years the board required all vouchers for supplies to be certified by the superintendent as corvect. When so certified they were com- pared with the contracts on file and if found to correspond and tho extensions correct they were allowed. During the period men- tioned through the negligence or credulity of the superintendent ~ he was induced to coertify to accounts largely in excess of the ‘coal actually rece and which wereallowed by the board, relying in good th upon such certificates. The board at that time were required to disburse over £150,000 annually for current expenses and £225.000 for the erection of public buildings, which necessitated the examination of hun- dreds of vouchers monthly. Held: That the failure to detect and provent the fraud in question is not a misdemecanor in oftice. Maxwell, chief justice, dissenting. Leglslature Held Responsible. *Bills for coal amounting to £12,000 on ac- count of the asylum for the last quarter of 1890 and the first quarter of 1891 remained unpaid, the appropriation for that_biennial period having been cxhausted. Said bills were submitted to the legislaturo of 1591 and referred to the proper committees for investigation and the sum of $12,000 appro- priated with which to pay them. Subse- quently they were certified to by the super- wtendent, and allowed by the board in the belief that they were proper charges against the state. Held: That the action of the legslature is complete Justification of the board. Maxwell, chicf justice, dissenting. How the Conclusions Wero Res ed, Following this the judges in their opinion recite the charges in the specitications, and then say regarding the subordinates who were under the members of the bourd, that said ofticers had all given bonds and taken an oath to falthfully perform their duties and were by the respondents deemed honest and capable, That in allowing bills for coal they relied, as they had the right to do, upon the certificate of superintendent thal said bills we correct and that the coal therein called for in fact been furnished. “When we have cleared away the rubbish, to use a homely phrase, and stripped this case of the features which are wholly irrele- ant or at most but incidental to thereal con- troversy,” the opinion goes on, **We find the questions involved to be few and by no means difficult of solution. In the first place it should be remembered that the pur- pvose of this investigation is to inquire whether the respondents are guilty of mis- demeanor in office, and not to state an ac- count between the state of Nebraska and Dorgan or parties furnishing coal for the use of tho asylum at Lincoln. But as the proofs are confined to specifications b and 6, they alone will be examined. Vol- umes might be written on the cost and value of the different walls, as well as the roof and foundation of the cell house, also the amount of labor and material furnished therefor by Dorgan nnd Hopkins respectively. Heard Irrelovant Testimony, “And in the vain attempt to reconcile the estinates of the many witnesses who have testiied on that question, we are satisfied that it was o mis- taken sense of duty which prompted us to permit first the state, and afterwards the respondents to introduce evidence of that character. The result is that we have consumed days and even weeks in hearing proofs wholly irrelevant to the real issues of the case. It may be further suid that the cvidence on that subject is of the most unsatisfactory character, even for expert testimony, For Mstance, according to our recollection, no two of the state's witnesses agreed as to the length or height of the exterior walls of the structure, und differed more than §14,000 in their esti- mates of the present value. With the fore- going obscrvation, we will dismiss the pres- ent subject of the value of the cell house and proceed to consider the several charges in their order. Iu Regard to the Convict Lahor, As preliminary to an examination of the charge contained in specification 1 of articls i1t should be observed thaton the 22d day of October, 1877, the penitentiary ground and convict labor weer leased by the state to W, H. B. Stout for the period of ten years, and Dby an act approved March 2, 1887, said con- tract having been assigued to C. W. Mosher, was extended for ten years from October 1, 1880, It is further provided by said act: ‘Mosher shall roceive 40 cents per day for each conviet as full compensation under said coutract.” At the time of the appointment of Dorgan to superintend the construction of the cell house he was the agent and man- ager of Mosher, the lessee of the peniten- tiary, and charged with the duty of subleas- ing the prison labor. In view of that fact, his selection by the board as the representa- tive of the state, knowing. as it will here- after appear, that it would be obliged to de- pend upon Mosher for labor to carry on he work, is highl censurable, and should, to say the least, be charactor- ized as unbusinesslike and utterly wanting in that intelligent regayd for the interests of the state which the law desiands of pub- lic ofiicers under liko circumstances. It is ording to the evidence, that Dorgan was recommended to the board by reputable partics, and previous to bis vesigeation no charges had over been made within the kuowledge of the respondents affecting his chavacter or fitnces for the position. That fact, whilo it may to somo exteat cxtenuste, will not excuse his selection for so important & trust. Was the Staie Defrauded ? “But has the state been defrauded thereby as charged? The answer to that question depends upon whether the labor could have been procured for less than the amount allowed. In this connection it is proper to examine the provision for the cell house, which is found in th general appropriation act of 1801, nnder the title ‘penitentiary,’ and is in the foliowing language: ‘Building ' new cell house by day's work, 10,0000 The motives of the legislatura are not involved in this controversy, yet the appropriation in question might with equal propriety have been entitled: ‘An act for the relief of C. W, Mosher, since itisa palpable fact that he was beyond the reach of competition. The rule of the prison forbids the employment of free iaborers within its walls, hence the con- tractor was practically able’ to dictate the price to be paid by the state. There is, however, no evidence tending to prove that the labor could have been procured on torms more advan eous to the state, or that the amount charged, $1 per day, is excessive. It is true convict labor has been let to some of the subcontractors at the prison as low as 40 cents per da; but such an employment has been for a term of years, and the employers have in every such caso been subjected to the additional expense of costly machinery. It is also shown that the state had on two previous occasions employed convict labor, allowing therefor 81 per day. The state's witnesses who testified on the subject all agree in plac- ing the value of the labor per day at figur largely in excess of the figures charged therefor. The wrong to the state in that re- gard consists in the charging for labor not rendered, which will be considered hereafter, rather than the rate per day The charge in that specification is there- fore not sustained by the proof. * On Advancing Money to Dorgan. ““The charge in the second specification is the advancing of money to Dorgan out of the cell house fund before the labor therefor had been performed or the material furn- ished without adequate security. 1t is not rged that such advancements were mado corruptly or even negligently. It should bo mentioned in this connection that upon the appointment of Dorgan he was required to give a bond in the sum of £10,000,conaitioned that he would faithfully discharge his duty and account for all moneys which might come into his hands. That bond is admitted to be good and ample security for any amount now due the state. Nor does it appear that he was at any time cutrusted with money in oxcess of the amount of the bond aforesaid. Thero Was & Steal on Stone, “With respect to specification No. 3 it may be said that the bills rendered for stone are El‘ussl,\' in excess of the reasonable or mar- ket value thoreof, through the weglizence, incompetency or fraud of the superintend: ent. ‘The latter, it is disclosed, contracted with Atwood & Co. for the necessary stone to be delivered on the cars at Cedar Creek, Cass county, or other points not more remote from Lincoln, agreeing to pay 8 cents per hundred pounds for common rubble; 16 cents per cubic foot for dimension stone and 85 cents per cubic foot for stone ‘pluzged to size.” By the proofs under this specification are presented the vital questions in the case, viz: Whether the respondents are impeach- able for failing to detect and prevent the sed frauds against the state, or, a broader statement of the same proposition, what, under our constitution, amounts an impeachable misdemeanor? 1t is safe to say that no question of greater im- portance has ever been submitted for the pnsideration of this court, and in its solu- ion we have endeavored to adopt the rule best sanctioned by authority and which is just alike to the state “nd its servants, Reject the Rulo Laid Down. “Tt is suficient for our purpose at the pres- ent to say that we are constrained to reject the views of Prof. Dwight, Judge Curtis and other advocates of the doctrine that an im- peachable misdemeanor is necessarily an in- dictable offense as too narrow and tend- ing to defeat rather than promote the ends for which impeachment #s a remedy was designed and not in harmony with the fundamental rules of con- stitutional construction. On the other hand, the contontion of counsel for tho state that the term misdemeanor in ofice is not susceptible of a legal definition. but t every such proceeding should be de- termined upon the fact iuthe particular case is, to say the least, strikingly ll‘lugh 1 There is one fact which cannot fail to tmpress the judicial mind from an examination of our constitution, v That the provision for the trial of impeachments before the su- preme court was to insure a strictly juaicial investigation according to judiciul mothods, ssfully maintained that court has succeeded to any of the po- al functions of the senate as a court of impeachment uunder the first constitution. The former practice has been justly com- mended on account of the political, and. it must be confessed, too frequently parti character, but the substitution ot a judicial oligarchy for the form of democracy is not tobe commended as a measuro in the in- terest of reform, as said by Judge Story. About Advancing Money to Dorgnn, “The only specific charge in speculation 6 is the crediting of Dorgan for money expended without requiring the production by him of vouchers therefor. The method adopted b the board in dealing with Dorgan was su stantially as follows: With each estimate ade by the latter, he would file with the board the original pills rendered to him for stone and other material, also receipted ex- pense bills for freight and av the same time exhikit his canceled checks, payable to the order of the parties furnishing labor materials, ete. Such checks, after being o amined, were returned to Dorgan, but are all in evidence, except two, which are ad- mitted to have been lost or mislald. There was in reality no settlement or statement of the account between them, settlement by mutual understanding having been deferred until the tormination of Dorgan's employment. ‘While we may not be able to commend the course of the respondents as that of pru- dent and sagacious business men, they are not to be convicted because we may differ with them in judgment, or because they may fall short of our standard of eficiency and diligence under like circumstances, “The only charge in specification No, 7 is the failure to make final settlement with Dorgan, The respondents all testify that soon after the appolntment of Hapkins they received informatipn, which led them to question Dorgan’s honesty; that they had no means of ascertaining the truch with respect to such charges, and inasmuch as the grand jury of Lancaster county had en- tered upon an investigation thereof, they de- cided to defer action in order to avail them- selves of any information derived by that means, as well as from other sources. The delay, it is apparent, dons not constitute a misdemeanor in office, but was for the best interests of the state. Logislation Was “Reckles “We come now to a consideration of the charges under article ii, the first of which is the conversion to their own use by the vespondents of $500 of tho cell house fund. In this connection it is necessary to again examine the appropriation in question. 1t is doubtful if the history of the state presents another such instance of reckless legisla- tion as the appropriation of $40,000 without direction even as to the quality or dimension of tho building provided for. or as to the manner in which money should be drawn or disbursed. There is no authority in the act for the procuring of material or plaus and specifications. As to all matter except labor the board is required to exer- cise its discretion. TIn the exercise of that discretion it might lawfully have employed a supervising architect, skilled in the éon- struction of prisons and familiar with im- proved systems of ventilation and other methods of pettering the sanitary coudition of such institytions, m? for such service they might hive [u\?u\&ex peuded several times the amouny abdve hentlored. “They were advised by the attorney gen- eral that it was lawful to use a part of the cell house fynd for defraying the cost of visiting other pri?onu in order that they might bettér discharge their duty to the public. Whether or not such advice was technically correct is not the test of the liability in this prosecution. If they in good faith construed the law as authorizing them to uso & part of that fund for the purpose pamea, there is no precedent in this country for declaring their office forfeited because we might in a proper proceeding feel con- e A T, [CONTINUBD ON BECOND PAGE,) " OMAHA. TUESDAY 'MORN MOVING FOR MANY REFORMS Anti-Trust Convantion Opens Its Seasions in Obdoago. GOVERNOR NELSON CALLED TO PRESIDE Many Representative Men In Attendance— Resolutions Expressive of Individual Bentiment Offered—Pians to Ohange the Condition of Things Suggested. Crrreaao, 111, June 5.—[Special Telegram to Tne Bee.]—The anti-trust conveution, called by a resolution of the Minnesota legislature, assembied in Apollo Music hall this morning. Between eighty and ninety delegates, appointed to represent twenty- four states and territories by the governors thereof, were in attendance. Governor Knute Nelson of Minnesota was chosen per- manent chairman. Departing from the usual rule imposed at political conventions the delogates voted to hear in the opening meeting all resolutions which it was proposed to present to the committee on resolutions. Half a dozen del- egates, most of whom were from western states, availed themselves of the permission to present resolutions, showing their ideas of the way to smash trusts. Many of the reso- lutions wereof a character that was startling They proclaimed among other things that the supreme court of the United States was overriding the will of the people; that the government should take all mineral lands under the right of ominent domain; that the single tax was the oroper cure of evils, and that other measures of like character should be adopted. An end was put to the proceed- ings in this line by the introduction of a res- olution declaring the government to bea failure. Promlnent People Present. Among tho delegates who were present when Governor Nelson called the convention to order were: B. Weaver of Towa, Igna- tius Donnelly of Minnesota, E. Rosewater of Nebraska, J. R. Lane of Iowa, l'rank F. Davis, ex-Licutenant Governor C. A. Gilman, James A. Tawney, and J. B. Wakefleld of Minnesota, J. K. By- waters of Texas, John A. Hubbard of Louisi- ana, E. O. Brown and H. W. Clendennin of Tilinofs, A. W. Woodford and Robert Mc- Eldowney of West Virginia, D. O. Boyd and Frank Moody of Colorado, M. R. Gammon of Oklahoma, E. S. Meany of Washington, Philip Corcoran of Utah, E. E. Whipple and S. B. Daboll of Michigan. Mrs. Corinne Brown of the Illinois Woman's alliance was also admitted asa delegate, and Marion Harland was made an honorary member. Governor Nelson made a speech, in which le described the inuestigations of trusts made by the Minnesota legislatura and the weaknoss of present laws rela- tive to trusts. A committee to select permanent officers was named and tt re- ported Governor Knuie Nelson of Minnesota for permanent chairman, Edward S. Meany of Washington for psrmanent secretary and C. E. Morton of Kentucky for his assistant. A committee on resolutions was named con- sisting of one aelegate from each state, with E. Rosewater as cnairman. The conventfon took a recess until 2:30 o'clock. Governor Nelson called it to order at that hour. A committee on rules and order of business was appointed and it, after a little deliberation, returned with rules per- mitting the introduction of resolutions in the convention, which, after five minutes discus- sion by their movers, might be sent to the committee on resolutions. The rules wore adopted. Brought on the Resolutlons, J. B. Weaver of Towa and Judge Thomas H. Walker of Pennsylvania were elected as yepresentatives respectively of the populist end democratic parties for vice chairman. This cleared the way for the introduction of resolutions. Davis of Minuesota brought in those prepared by the Minnesota dele- gation. They were the mildest of any which were iistened to for the succeeding two hours. They provided that new and stringent laws be enacted for the extinction of trusts, that an anti-trust association be form composed of three representatives from e: stateand territory, having three standing committees whose duties should be to scrutinize fand push state and national legis lation against trusts and insist upon its enforcement, Corcoran of Utah followed with a resolu- tion to the effect that the government should purchase all the coallands under the right of eminent domain, Walkeficld of Kansas offered a resolution that coal lands shculd be owned by the state. They were the heritage of the people, ho said, aad should bo reclaimed by the right of eminent domain, Hubbard of Louisiana presented a reso- lution that every member pledge himself to vote for nobody not opposed to trusts, Clemens of Kansas introduced a resolution withdrawing all legal protection from trusts and declaring their property forfeited. Donuelly Wown on the Court, Ignatius Donnelly took the floor with a resolution whicb provided that the supreme court had overridden the will of the people, and should bo viewed with apprehension for its tendency to concentrate within itself )\{)\\'ers belonging to congress and the execu- tive. Corey of Pennsylvania asked the conven- tion to vote that the government was a failure, Bywaters of Texas wanted all corporations n‘uuln subservient to the people who created them. Dewitt of Pennsylvania offered a resolu- tion that the gold and silver miners of the should not have a monopoly of fur- nishing the money of the country, but the samo should be held by the people. Several other resolutions of like purport were introduced. At 6 o'clock nobody else seemed to huve any further plans of reform to offer and the couvention udjourned until tomorrow morning. The committee on resolutions met at the Palmer house at;6'o'clock and began the task of *‘winnowing and purifying” the reso- lutiouns, Given to @ Subcommittee, By 10 o'clock a general agreement as to the nature of tho amendments required was reached, and a subcommittee was appointed to cousider the detallsand report to the full committee. This subcommittee consists of E. Rosewater, Nebraska, chairmoan; N, B, Brower, lowa; Frank F. Davis, Minnesota: H. W. Clendennin, Hlinois; 8. D. Daboll, Michigan, and Samuel Crocker, Oklahoma, “The determination of the commitiee is Lo cut out every extravagance from the plat- form and recommend 4 plan of action in con- formity with rcro]nlDJ principles of legis- lation, — Caused by P'oor Collections. New Yomrk, June 5-—Morris Scwerin, carrying on business under the name of Ed- ward Simonds & Brothers, trunk, valises and bag manufacturers at Newark and No. 6560 Brloadway, today allowed judgment to be entered against him for $22,570. The shériff has taken possession of Sewerin's stock. M. arley Platzke, attorney for 4 number of creditors holding elaims aggrogating £00,000, said to a reporter that the habilities were about 250,000, actpal assets, $200,000. The failuye is said to haue been caused by poor collections and the tight money market. Scwerin today con fles judgement in New- ark, N. J., for §26,000 to Bernard Straus ——————— Wheat lo the Northwest. MinsearoLis, Minn., June 5.—The North- western Miller reports the stock of wheat 1o private elevators of Minneapolis at 2,070,000 bushels, an incroase for the week of 11,000 bushels. The aggregato stock of Minneapo- lis, Duluth and Superior as 28,847,830 bushels, or 88,052 bushels less than last Monday. A vear ago the stock was 12,420,600 busheis. e NEXT MEETING OF CONGRESS, President Cleveland Will Convene it in Ex- tra Sesslon In September. Wasminaroy, D. C., June 5.—The president sald this evening, in reply to a direct ques- tion by a represcntative of the Associated press, that he intended to call an extra ses- sion of congress not earlier than the 1st nor later than the 15th of September, unloss un- expected contingencies should necessitate an earlier meeting. The president further said: *“While there has beeun no mystery or secrecy in regard to my intention in this matter, I think it not amiss that our people should be informea autboritatively that the time 1s at hand when their representatives in congress will be called upon to deal with a financial condition, which is the only menace to their country’'s welfare and prosperity. It is well for the peoplo to take up the subject for themselves and ar- rive av their own conclusions as to the merits of a financial policy which obliges us to purchase idle silver bullhon with gold taken from our reserve. One does not need the eye of a financier to see that this gold thus ~ subtracted from the government's stock is eagerly seized by other nations for the purpose of strengthening their credit at our expense. It does not need the art of statesmanship to detect the danger that awaits upon the inuance of this operation. Already the ¢ of capital is painfully apparent, and none of us can fail to see that fear and ap- prehension in monetary circles will ulti- mately bring suffering to the very humblest home in the land. “I think that between now and the meet- ing of congress much depends upon those engaged in financial operations and business enterprises. Our vast national resources re abundantly suflicient to jus- tify them in the utmost confidence. If, in- stead of being frightened, they were conser- if, instead of gloomily Jating immediate disaster, they con- ated their part of lope and steadiness, they will perform a patriotic duty and at the siamo time protect their own interest. The things most noedea just now are coolness and calmness in financial circles and study and reflection among our people.” CRINESE COMPLICATIONS, Hlow the Mcek-Eyed Celestlals Are Evading the Law, Wasuixeroy, D. C., June 5.—The Treasury department for some time has believed that the Chinese were using affidavits of authen- tication for illegitimate purposes. Some, taken out here, were sent abroad and sold to Chinamen; in other cases the Chinamen would dispose of them after reaching China, and, in both es, the law was violated. Under the law, Cl nese merchants who decide to leave this country to visit China have heretofore been furnished with papers which, when endorsed by the United States consul at the port of debarkation, to enable them to re-enter the United States. Acting Sccretary flamlin thinks the abuse should be stopped and has addressed the col- lector at Boston a lotter on the subject to that effect. The State department will probably not interfore in the case of the steamship Dan- ube at Portland, ¢ where the captain a pealed to the British legation for r from the order of the court which required him to bring 850 Chinecse passenzers before the court to answer its haheas corpus. The captain ‘was willing that the Chinese should answer, but he feared ty ussuwe the heavy re- sponsibility of preventing the escape of the Chinamen wk.en they were once ashore. Siv Julian Pauncefote, the British ambas- sador, called at the State department today, probably to present the case to Secrota Gresham. It is believed at the department that there will be no dificulty in complying technically with the order of the court,while avoiding any possibility of the escape of the Chinese. could be done if the marshal should e his writs on board and left a deputy in charge of the Chiiese until the court passes upon tho case. Was —The Navy de- partment has ordered the United States steamship Alert from Sandback to Corea, but the reason for the move has not been made public. Secretary Gresham this even- ing said that he had no information of threatened trouble in Corea which would jeopardize American 1interests and he believed there was 1o cause for apprehen- sion. A thivd dividend of 10 per cent has been declared in favor of the creditors of the in- solvent Cheyenne National nk of Che, enne, Wyo., making in all 50 per cent in claims proved, amounting to §280,900. Secretary Carlisle has dispensed with the services of cighteen inspectors of rags sta- tioned at ports in Kurove, and directed that the work performed by tiese inspectors be hereafter discharged by United States con- suls and Umted States marine officers sta- tioned at these ports. Captain J. F. Hassler of South Dakota, who was the appointiment clerk of the Ints rior department during Mr. Cleveland's former administration, has been appomted chief clerk of the Interior department, vice E. M. Dawson, resigned, More Exports of Gold. ‘WasmiNgroN, D. C., June 5.—One million dollars in gold has been withdrawn from the subtreasury in New York for export tomor- row, This leaves thenetgold in the treasury $89,334,320. A gentleman who is in a posi- tion to know something about the financial policy of the administration, said to a reporter today that his understanding was that Mr. Carlisle would go on using the gold reserve until it is much further reduced und rely upon congress in extra session to relieve the situation, Wil Send the Cadets to the Fair, Wasmxaroy, D. C,, June 5.—The War de- partment has decided to send the entire corps of cadets from West Point to Chicago in the middle of August, so that the regular v will have a creditable though small ropresentation at the World's fair, notwith- standing the failure of the effort to secure a grand military encampment there, —————— Movements of Ocean Steame! At _Southampton—Arrives New York, At Philadelphia—Arrived—TLord from Liverpool. ‘At Queenstown—Arrived—Lord Gough, from Philadelphia. At Naples—Arrived—Wesser, from New York. At Boston—Arrived—Bothula, from Liver- pool. At Baltimore—Arrived—Weimer, Bremer. At New York—Arrived—Berlin, Southampton ; Spain, from London. At Moville ghted—Veendam, from New York. At Bremerhaven—Sighted—New York and D'Amstadt, from Baltimore; Chicago from New York; Chester from New York. —————— Blew up a Newspaper Ofic: H%, Louvis, Mo., June 5. —A dispatch from Catlettsburg, Ky., say (Great excitement exists in Breathitt county over the blowing up by dynawmite of the Hustler office by un- known parties last night about 11 o'clock. Tne Hustler isa weekly r edited by Rev. J. J. D(cke{, The evtire structure wa: wrecked. The Hustler was the sole cause o the local option law which was recently passed iu that vnumx Former Omaha Man Killed. DexveR, Colo., Jung b.—[Special Telegram to Tug Bee.]—P. J. McGough was crushed to death by an eléctric car tonight. He came hu:g some mng ago from Omahh, where June 3, Trave, from Clive, from from his wife, from whom he was divorced there, is now living. He was a cattle buyer for Cudahy while in Nebraska. Since coming to Denver he has been engaged in extensive sidewalk Canndian and ted States Business Men Meet Together at St. Paul, St. Pavt, Juno 5. afternoon Hon. P. H. Kelley called the second international reciprocity convention to order here, with between 500 and 400 delegates present many more are expected by tomorrow Promoters of the convention scele to avold the appearance any political fas in the deliberations, the object being purely commereial. The call for the conven- tion recites the advantage of reciprocity with Canada for both countries' material development, and mutual advantages to bo derived from a deep waterway to the ocean from Lake Superior to tidewater. The big auditorium has been o flags and bunting for the occa States and Canadian twined, The main to the delegates, vered with on, United banners bemg inters floor was given over the rest of the hall being thrown open to the public. On the floor, when at 2 o'clock the convention was called to order. were delogates from fourteen towns in Minnesota, two in Wis- consin, six in North Dakota, two in South Dakota, three in Washington and from four towns in Canada, Chicago, 1., Indianapolis, Ind., and St. Louis, Mo., while a couple of lnx\md od other delegates are on the way to the city. Hon. PyH. Kelly, the well known demo- cratic leader, called the convention to order. A brief welcoming address was delivered by Mayor F\. P. Wright, ex-Governor Andrew P, Burke of North Dakots also being intro- duced and speaking briefly of the objects of the convention. Hon. James Fisher, member of Parliament, of Winnigeg, was introduced and did what he called “‘breaking the ice” in opening the onvention, giving utterance to what is con- sidered the key-note of the conven- tlon, During the course of his re- marks he said: “We come as bus- mess men to talk this matter over. We de- sire a treaty which, besides natural products, will include a great many manufadtur and we feel that we should include some of your staples that are most in demand in Canada, and yet not discriminate against our mother country.” Mayor William Henry Eustice of Minne- apolis was chosen temporary chaivman. The temporary chairman appointed a committeo of twenty-six on resolutions. Colonel J. H. Davidson of St. Paul sub- mitted resolutions for the appointment of a committee of ten to prosccute tho work of the convention after adjournment by newspaper and _ other articles, and by bring- ing the matter before the proper author- ities of both governments, and the resolu- tions were referred to the proper committee. Tonight an informal reception w: dered the delegutes by the Commer et KANSAS MINERS. Thursday the Time Declded on When Final Actlon Will Bo Taken, Osaae City, Kan,, June 5.—The miners of this city and Peterton, two of the principal mining camps in this county, heard an ad- dress by M. Walters, president of the Miners union. Saturday night. No action was) the men av the time, but - structions were given that cach shaft should decide for itself whether or not to join the strike and report to the delegates Thursday. Though tho Carbon company had posted notices for all the shafts to work to- day, the men in Nos. 23 and '25 failed to respond and these will be abandoned until affairs are settled. There is no question as to what action will be taken by the delegates when they meet Thu v, as fully four-fifths of the miners are in for the strike. It will throw fully 2,000 men out of employmen: The superintendent of the mines at this place has been using every efort to induce the men not to strike and is not oversanguine tnat the miues will be opened iin at this point until'September if they are once shut down, Want the Irlshmen to Go Out. Prrrsnere, Kan, June 5.—T. B, editor of the Miner's Iicho, the ofticia of the strikers, returned from Rich Hill, Mo, today with the information that the min there were in favor of going out im- mediately. As fast as thestrikers here h the news they are correspondingly happy. A meeting of miners was held at Weir City this morning, aud it was decided to appoint a committee to visit the Strip pits and once more ask the men to stop work. ouble ay follow, as the Strip pit men are armed ‘The surfacing gang of the Kansas Cit, Pittsburg & ( d, whi g this ¢ discharged today and colored will take their places. This w new boss named Joh who gave son for so doing that afraid that white men would sympathy with the miners. Deleg resenting the miners visited all the colored people as soon as apprised of the move on the part of the new boss, and as a result, it is impossible to get a colored workman, ————— MORTON WAS NOT PLEASED, Secretary of Agriculture Thinks Nebraska's Fwr Exhibit Quite Poor, Cricago, 1L, June b to Tne Bei of Agriculture Sterling Morton and M. A. Mclntyre of Seward, Neb,, were early afternoon callers at the Nebraska building. After scribing his name in the visitors register and paying his respects to Commissioners Garneau and Mobley, the man who carries Cleveland's pumpkin portfolio made a critical fuspection of the state building and in a tour of the grounds took a cursory view of the various exhibits, To o group of Nebraska people he is said 10 have commented in exceedingly dispara- ging terms upon the state's showing at the fair. One of the party called the secrotary's attention to the proposition that the Ne- bras! commission was in no manner re- spousible if 1t had not excelled the displays of sister commonwealths, If the legislature had not appropriated a sum sufticient for the purpose, this gentleman suggested, the com- missioners were not to be blamed, The sec- retary was compelled to agree with him on that point, after a f discussion, vernor Furnas and ex-Governor £ Boyd, Mrs, H. H, Boyd and Miss Boya headed a large y who' came today in advance of the crowd who will attend the Nebraska celebration Thursday. Among other Omaha people who came to- day wel Assistant Postmaster James Woodward, Mrs. Mathewson, E. 1" \Webb, Frank Smith, H. A. Snow, R. J. Johuson, M. £. Carson, Margaret Doolittle, Mrs. (George B, Ayres, Mrs. 12, 8. Sanck, Mr. and Mrs. L. C. Deuel, W. H. Megguier and J. H. Lion- berger. Governor Crounse, Senutor Allen and Congressman Bryan are expected to- MOrrow evening. e Tereft of Reason, Neprasia City, Neb., June 5.—[Special Telegram to Tue Bee.]—An epidemic of in- sanity seems to have struck Otoe county. Three eases have been bofore the cominis- sloners of insanity within two weeks, The last unfortunate was M T. K. Wooster, who was examinea toda, Application hav- ing been made for three from Otoe county, the last case must go over. The last case is particularly sad. The husband is a promi- nent Grand Army of the Republic man. Mrs, Wooster is subject to melaucholy and a few weeks treatment will probably restore her reason. egor, orzan e Horrible Deat of & Conductor. CresTON, Ia., June 5.—[Special Telegram to Tue Bee.)—Conductor D. D. Smith, a Burlington conductor employed on the mid- dle Tofva ivigion, met a frightful death this mornipg, While his traln was runniog down Frederick hill he started to go from the eaboose to the engine. He was without 4 lantern, and while i%l from one car to apother fell between the Cars and was cut to ces. His home 18 at Ottumwa, wherc Lie a8 & fawily. — ——————— . NUMBER 251, DESPERATE BANDITS FOILED Arkansas Citizens Prove too Much for Bank Robbers, NERVE OF A GIRL SAVES THE TREASURE Under Cover of n Winchester Sho A tho Cashler to Elude His Captors ~Promiscuous Firlng Re- sults Fatally, SPRINGFIELD, Mo, Democ , June 5.—Aspecial to the At from Bentonville, Ark : A murderous gang of six desperadoes robbed tho Peonle’s bank of $10,000 this afternoon. During the raid the cashier and two farmers were wounded on the ove side, gud two of the robbers killed on the other. Noneof the injuries reccived by the citizens will prove fatal, The bravery displayed by a young lady led to the alarm being given and will proba- bly land the bandits in the penitentiary, The members of the gang numbered six and wero from Indian Territory, and were armed with Winchesters. They reached the town at 2:30 o'clock this afternoon. IFour of the robbers rode four fleot horses, while tho other two drove in a buggy. The horses and bugiry wore left in the rear of the Sun oftice in the charge of one man, while the others marched singlo filo in front of the ofice, one-half block north to the Peoples bank, which they entered and covored Presi- dent A, W. Dinsmore, Vico President I. R, Hall, Cashier J. G. McAndrews and Assist- ant Cashier Jackson with Winchesters. One of the four made Cashier McAndrews dump the contents of the safeinto sacks brought for the purpose, putting the gold and currency into one and the silver in an- other. After securing the booty they made the ofiicials march in front of them as they started for their hovses, forcing Mr, Jackson to carry the sack of silver, containing over $1,000. Saved by a Girl's Cournge. In passing the Sun newspaper ofice Miss Maggie Wood of the Sun force, had the bravery and presence of mind to rush to the door and open it, permitting Mr. Jackson to enter sack of silver. She then und locked the door, One robber raised his Winchester, but the young woman was t0o quick for him, and, thinking Mr. would run through tho office, the bandit ran to the rear of the building, expecting to meet him there. Failing in this, he fired his gun anu ran to his hors During all this time the robbers kept up a constant firing, covering the two main streots, The citizens soon rallied and shoot- ing became general. The robbers mounted their Jorses going west, closely followed by Sherif Galbraith and Assistant Cashier Jackson was shot in the head, back of the right ear, and also in the lefv elbow, His wounds are not serious, Taylor Stone, a farmer, procured a shot gun and fired two shots at the retreating robbers, but was immediately shot down, the ball passing through his left groin and hip, Tom Baker, a farmer, was shot in the chin, Tof Woolsey, a drayman, secreted him- self in a lumber pile and pumped & Win- chester into the bandits, 1Ilis shots got two men, who reeled fr¢ their horses and fel to the ground. ried back to Bentonville, but were not identified, Sheriff Galbraith of Ientonville and Marshal J. J. Barnett of Rogers, six miles distant in hot pursuit of the robbers with two large posses. It is believed that they will soon overhaul them. The last word received from them telephone, which said that the sheriff and his posse were within half a mile of the flecing bane with his immediately closed Jackson pos They were ci came by Changos in the Regular Service s Ame nounced Yesterday. Wasnixaroy, D. C., June b.—[Special Tele egram to 'ue Bee.]—The following army orders were issued today: Major Henry M. Adams, corps of en- gineers, is detailed as a member of the light house board, vice Colonel George H. Elliott, corps of engineers, whoat his own request i relieved as 4 member of the board, t Charles B, Vogdes, First s dotailed as professor of military science in tactics at the State university at lowa City, to_take effect July 1, 1803, to re- lieve Ilirst Lieutenant George W. Read, Fifth cavairy, who, onbeing thus relieved, will procead 10 join his troop. Major John Van R. Hoff, surgeon, is des tailed us a member of the board of medical ofticers appointed to meet at West Point, N, Y., for the physical examination of cadets at 'the United States Military academy and candidates for admission theroto, vice Brig- adier General George M. Sternberg, surgevn gene utenant colonel and d2puty Major Hoff will proceed as v followi transfers in First cavalry are made: Captain Frazier A, Bontelli, from troop K to troop Li; Captain Thomas 1. IKnox, from troop L to troop K. Leave of absence for two months to take effect on or about August 15, 1508, is granted Captuin Argalus G. Henoisey, Eighth cavalry. Daragraph 10 of special orders No. 120, May 27, 1803, from this ofice rulu\iuf t Major John Brooke, surgeon, is revoled Leave of abscnce for twenty-one days, to take effect on or about June 15, 1893, is granted Captain Lewis T, Tesson, assistant surgeon Leave of absence for four months, to take effect on or about September 1, 1893, and With the approval of tho sccretary of wi permission Lo go beyond th 0, is granted Pirst Licutenant Heury H, Beuham, in Sec- ond infantr Leave of absence for three months, to take effcct on or about July 10, 1803, is granted Colonel Henry ¢, slerdiam, Seventh infan- try, May 10, 1503, Department of the Plavie, is extended twenty days. Leave of absence granted Lieutenant Col onel Peter C. Haius, corps of engiuee) April 24, is extended twenty days. Broko # Sea Valve. (Copyrighted 1693 by James (Gordon Henneth) Gexoa, June b.—[New York Herala Cable —Special toTue Bee.|—The German Lloyd steamer Kaiser Wilheln's sinling was caused by the breaking of a valve in the cen- rifugal pump. ‘The water rushed in with Lruh!‘.‘lul‘\l:e. The damage to the vessel will :c inconsiderable, B Now York Ex Quotations, New Youk, Jupe b —[Special to Tan Bs Exchange was quoted as follows: Chicago, 90¢ discount; Boston, 17¢ to 25¢ discouat; St. Louis 10 We discount. the