Omaha Daily Bee Newspaper, June 6, 1893, Page 2

e SO 7 5 2 MR MOS COOD CHARACTER More Light Shed on it for the Benefit of the City Council TWO SIDES TO THE STORY ARE PLAIN Witnesses Tell Things that Do Not Reflect Much Credit on the Aceused Parties— © Ehndy Transactions Hinted at by Several The investigation of the charges preferred against C. V. Mos, the newly appointed clerk at the police court, was completed Jast night. The testimony developed novhing new or startling and was in line with that adduced at the first meeting of the com- nittee. C. A. Patte n had known Mos for six or seven years, and first met him in vhe oftice of the Nebraska and Iowa Insurance com- pany, when he: was at the note desk. It was stated that Mos had trouble in the office over the check entry. He had given the company a mortgage for $400, and wit- ness understood that it was to cover a short- age in his accounts with the company. Pat- torson did not remember whether Mos con- tinued in'the employ of the company after glving the morteage. The witness thought L. B. Williams could give information on the subject. In reply to a question from Mr. Mos, Pat terson said that all he knew of the trans- action was from heresuy. Bernard Riley, of Riley Bros., said Mos had been employed by the firmand had oharge of the books and cash. There was deficitsin the sales on three s, amount- ing to $10.75 the first day, the second and $1.600on the third. He watched Mos, made the discovery of the shortage, and Mos was discharged. Witness had not known of false entries. He had talked with Mos about selling his interest to his brother and witness had told Mos to close the deal, as he was ill and unable to attend toit. Mos had stated that the wit- ness' brothers were attempting to do him up on the deal. About a Cash Item. Michael Corcoran, who succeeded Mos as bookkeeper for Riley Bros., was there the had 1eft the employ of the firm. On item of $25 w by Andy Rile in the safo. Mos proved in blaclk and white that Riley had not placed the money in the safe, as there was not that much there. He had charge of the cash drawer and it was the practice for members of the hrm to take mohey and charge it as expenscs in some cases and in others no charge was made, Witness told of a_trans- nction by which he said he was asked by Andrew Riley to make a false cntry in the books with the intention of defrauding Ber- nard Riley, a member of the firm. Corcoran refused and left the employ of the firm yes- terday morning. F. W. Simpson had been acquainted with Mos six or seven years in a business way and had always found him honest and truthful. J. M. Miller, weighmaster at the Omuha tor, and a neighbor, testifiea as to Mr. Mos’ good character, and in business nad always found hin honorable and honest. Nathan Stevens, a real estate_aealer, had known Mos for six yerrs in a business and social way and had always found him straightforward and upright. J. W. Atkinson had known Mos for three years in a business way and testitied as to his good character. - His Own Version. Mr. Mos explained how he came to give the 8400 mortgage to the Nebraska and Towa Tusurance company. He was employed by Hart for the company in December, 1856, and continued in the service until about the st of June the year following. His salary was fixed at §75 the first month. Before the month had expired he received a proposition from C. E. Mayne to enter his employ at a salary of 2,000 per year. He told Hart of this fact and Hart agreed to pay him a salary of $100 per month and an addi- tional $200 quarterly. He succeeded the brother of Mr. Patterson who had testified as and since that time bitter had existed between them. He was in charge of the books and collections and no restraints were imposed by Iart. No objection was aised to his overdrawing his account, which heaid to the extent of 3175. Hart had sold himn a horse and buggy for $175 on_time. About this time he was called into Hart's office and requested to prepare doctored sworn statements of the condition of the concern—one for tho public, another for the stockholders and the third for the use of the manager. This he re- fused to do, and then commenced a series of persecutions. Hart denied the sgreement whereby he was to receive the £200 quarterly. Ho was almost a stranger in the city, with no friends to stand by him and oppose such a powerful adversary as Hart, and he was forced to give the $400 mortgage to secure the pavment of the $175 ho had overdrawn and for the horse and buggy. He romained in the employ of the company a fow days and then left. Laterthe mortgago and note were returned to him by the management succeeding Hart, and ho did not pay a cent upon it and had never been requested to. Mos d he had refused to assist in the work of defrauding and that was why he -vas persecuted as ho was. He vroduced the original note and mortgage and bis dairy showing the amounts he received from the company and what he was entitled to. When ask ash draw he had placed i regarding the statements made by Bernard Riley, Mos said he was not in tho store much of the time on the three days mentioned, but was out looking after collections. He was then permitted to address the com- mittee in his own oehalf. He referred to the fact that not one of C. M. Schneider’s former partners were present to substantiate his statements. He said he had always been honest and honorable, and it was because he had refused to assist in shady trans- accions that he was persecuted in this man- ner. The committee will meet this afternoon at 8 o'cloek to reach an agrecment and prepare its report. e AMUSEMENTS, +Said Pasha” was the magnet that drew a good sized audience to the Farnam Street theaterlast night, The announcement that tho Calhoun Opdra company was to be here and present Stahl's rollicking, musical pro- .guuuon was sufficient to bring out nough of Omaba's theater goers to com- fortably fill the house. and all those who . attended enjoyed themselves most thor- ou{hl A Pho cast is an excellent one, and each and + every person in it Is thorrughly versed in his or her part, so that the opera’ goes through without o single hitch or error, und at the end the audi leaves unirri- tated by that disagreeable feeling that follows a performance marred by “bad breaks" ent knowl- edge of lines or In a word, the kmunwuuu of “Said Pasha” by the Cal- nh‘lm company is as nearly perfect as pos- e, A recent valuable acquisition is Miss Carrie Godfrey, as Alti, which part was originally created for her. Miss Godfroy a wonderful voice in compass and timbre, and the solo parts ren- dered by her - last . might were enthusiastically received. Miss Millard as % %.m:y s swact and clll;muu[. and Miss Hartley, with her entirely unpleasant part, B Balil Sojah, 1t entitled 0 mose. than 3 little credit for her work. Messrs. Flint and Calboun, who do the parts of Hadad and Noocky, are fuuny, and the word *‘funny” in connection means that they produce ughter, and laughter ad. lib. The chorus excellent and well traived. “Said Pasha” will appear this and tomor row evenings, with a matinee tomorrow even- .[lvifl&lu« Thursday evening to *Fat- bza," which will also be miven at Satur- 's matinee, 'Said Pasba” is well worth ] Mo ias Not Moditied his Polley, lngu. June 5.-~The journals recognized as c‘ud the vatican concar in denying that Popo bas moditied the scholastic policy at tho window THE OMAHA DAILY BEE; TUESDAY, heretofore ennnelated in regard to the United States, ——ent ENROUTE 70 CHICAGO, Enlalla Bids Adien to New York and Leaves for the World's Fair, Nrw Youk, June 5. —~The Spanish princess and suite left this morning for Chieago. The | party was escorted from the hotel to the ferry by & battalion of tho United Statos signal corps, Mayor Gilroy and the reception committee. special steamer convoyed them to Jersey City, whore they took a spe- clal train on the Pennsylvania road. ALto0NA, Pa,, June 5.-~The train arrived at Harrisburg at 5 o'clock. While enginos wero befng changed, a crowd of several hun- dred people surrounded the train and cheered for the infanta until she appeared Sho leaned out, bowing and smiling at the people, while they checred her. Just before the train started she ap- peared on the rear platform and there was renewed cheering. Wien she expressed a desire for Spanish cigarettes, she was told that some would be ordered at once and put on the train at the next stopping place. At Harrisburg, the Spanmish cigarettes were ready for her and sho smoked several of them with unfeigned pleasure, One of the most wide awake members of 88’ party is the colored boy Almaro Sargnsso, who was discovered on board the Spanish man-of-war Infanta Isabella, when it sailed with the infanta from Havana, Cuba, and whom the infanta has adopted as a servant. At New York he was fitted out with a uniform of blue with brass buttons and a cap bearing her coat of arms. When asked how long he will remain with the princess Almaro said: “Until I die.” As the train entered the mountains the infanta expressed v desire to ride on the locomotive. The engineer was notified, and preparations were quickly made to give tho princess a new experience. At Mount Union, eighty-six miles west of Harrisburg, the princess, with the prince, Commander Davis and Mr. Parke, climbed up into the cab and stood on the left side. The prince stood close by her side. Engineer Filling- ton touched the throttle, and old 1379 started off. Faster and faster flew the train. The fireman's arm moved and the whistle shricked threo times as it rattled past a town. Then something loomed up ahead and a train going at full speed in the opposite direction passed. The princess ducked her head and put up one hand to cover one ear, while she clung still tighter to the arm of the prince with the other. The train was doing better thana mile o minute, The princess held on and seemed to enjoy the sensation. At Huntingdon tho train was stopped and the princess climbed down, after having rid- den twelve miles in twelve minutes. When this excitement_was over dinner was served, for it was 7 o'clock. The train arrived at Altoona at 8 p. m. A stop of five minutes was made to change engines, and then the train wenton, e FOR THE FUNERAL. Firemen Preparing to Bury Thelr Dead Brothers. A meeting of the Benevolent Association of Paid Firemen of Omaha was held yester- day afternoon at Chief Galligan’s office. The meeting was for the purpose of making arrangements to attend the funeral services of the late members of the force, Captain Cox and Pipeman Ouray. Committees were named as follows: On resolutions—Beard, Miller and Loomis; ar- rangements—Lank, Dempsey and Williams ; to wait upon the management of the Farnam Street theatrc regarding the proposed benefit—Barnes and O'Neil. offering from Postmastor Clarkson k. ceived and accepted with a vote of nks. The death benefit of 400 in each case was ordered paid. An mvitation was extended to the South Omaha snd Councit Bluffs departments, the Durant company and the Veteran Firemen's association toattend the funcrals, Chief Galligan will make a detail of mem- bers of the department to attend. The funeral of Captain Cox will take place this afternoon at 2 o'clock from 508 South Thirty-fifth street. The remains will be buried at Council Bluffs. The hour for the burial of Pipeman Ouray has not been decided upon. Mcmbers of tho family are expected to arrive from Chhtn%o this morning. The time of the funeral will then be made known. Services will be held at 515 North Fourteenth stre and the in- terment take place at ForeLawn. e BOOTH IS SLOWLY SINKING. No Very Marked Change in Actor’s Conditlon. NEw Yorgk, June 5.—[11.45 p. m.]—While there has been no very marked change in Bootl’s condition, it must bo admitted that he is slowly failing. caenbg PERSONAL PARAGRAPHS. the Great Ex-Senator A. S. Paddock s in the city. Bishop Worthington has gone to New York. W. F. Bechel and L. A. Garner left for Chicago last evening. C. G. H. KKastman left_yesterday for Chi- cago to attend the opening of the Nebraska buildin Mrs. Elta Matheson, who holds a position sition in the Omaha_postofice, is spending a couple of weeks at the World's fair. Miss Emma Monzingo, clerl of the Board of FEducation, has returned from a weck's visit to her former home in Coin, Ta. A. B. Davenport, formerly chief clerk of the Millard and now manager of the Union Pacific hotel at Abilene, Kan., is av the Murray. Dr, William H, Hanchett returned yester- day from the world’s congress of medicine. He reports a we attendance of forewgn doctors and many from Nobraska and the west, At the Mercer: H. P.Johnson, Daven- port; Avthur Dole, L. C. Parker, Beatrice; . 0. Shumway, Lyons; W. I>. Roushaw, and wife, Lincoln; \V. Lewis, Columbus; 1. G. Grobe, uincoln; Wiilliam R, White, R WEATHER FORECAST. Fair and Warmer, with Variable Winds, for Nebraska. WasuiNaroy, D, C,, June 5.—Forecasts for Tuesday: For Nebraska and the Dakotas— Fair; warmer: variable winds. For lowa—Faw; warmer, west to north winds. Local Record. Orrice or THE WEATHER BUREAU. Omama, June 5 —Omaha record of temperature and rainfall, compared with corresponding days of past four years: 1893. 1892. 1891, 1890, Maximum temperature, 71 765 352 679 Minimum temperature.. D32 640 462 582 Averago temperature.. 622 702 502 629 Precipltation ........... .04 .00 .63 .01 Siwatement showing the condition of tem- perature und precivitation at Omaha for the day and since March 1, 18! Normal temperature 680 Excess for tho d; .69 Deticioncy since Mare 2670 Normal precipitation 18 fnch Deficioncy for the day. ‘14 nch Excoss shiice March 1. 233 inch GEORGE E. HUxT, Local Forecast Officlal. Reports from Other Poluts at 8 p. m, STATIONS. g sefessggsesaergy | WmIHedweL wonwdioesa| 4wp Jo vanye Omaba... North Piatte Valoutine. Kea) Ch WERE NOT LIABLE strained to reverse their ruling and piae different constraction upon the act. Thelr Word Exonerates Thom. “Tt1s in evidence that no itemized account of their expenses was over filed with the board or submitted to the legislature, but each of tho respondents and the warden tes- tify that the money was all expended for traveling expenses and other necessary costs of the trip, ana that in addition to tho 500 'used for _ that e each eoxpended from $15 to of his private funds. According to their testi- mony. they were absent about two weeks; that the three respondents had free trans- portation from Lincoln to St. Louis and from Chicago to Linzoln and that the warden rode on a pass from Chicago to Lincoln. We are on this evidence alone asked tofind that their legitimate expenses were less than £500, and draw the inference that they con- verted a part of thatamount—in other words that theyare gumity of embezzlement. It should be remembered in the first place that this is & criminal prosecution, and we are not to enter upon the field of conjecture in search of a theory upon which the respon- dents may bo pronounced wuilty. Second, they are not contradicted by any evidence whatever; they were not even subjected to a cross-examination regarding the items ex- pended. ““We must not be understood as holding that upon an accounting they may not be chargeable with a part or all the $00 in question, but a finding of willful conversion in this caso must rest upon suspicion alone, or at most a mere probability, and upon evi- dence insuficlent to support a verdict in civil action, Same on the Chaplain's Trip. “Substantially the same reason is ap- plicable to tho charge contained in this next specification, viz., the allowance of $200 out of the cell house fund to defray oxpenses of the chaplain and warden of the peni- tentiary as delegates to the prison congress at Pittsburg. In our opinion that cxpouditure was outside of the scopo of tho authority of the board, and they are liable to the state for the money 8o advanced. In other words, they cannot, as to that amount, claim immunity on the ground that their action was in its naturo judicial. Such act, however, falls far short of a misdemeanor in office. They actea from motives of humanity, without thought or possibility of gain or advantage to them- selves, which is alone a sufiicient defense.” Condoned by the Leglsiature. Going into a discussion of the stealing at theasylum, the judges find that the state was shamefully defrauded in the matter of overcharges on coal and flour, but that the board was unable to detect the fraud, owing to its dependence on_ the superintend- ent, who was considered a man of strict- est probity and honor. Further than this, the fact that the legislature passed a defl- ciency appropriation to make up the deficit caused by these overcharges amounted to an endorsement by that body of the bills as rendered to and passed upon by the Board of Public Lands and Buildings. and there- fore acts as complete exoneration of the members of the board in this connection. In conclusion, the judges cite the lack of precedent, and go on to say that impeach- ment is less and less sought as a remedy for the acts charged against the respondents. Fngland furnishes the only precedents, and in that country the use of impeachment has {ullun into such disuse as to be almost obso- ete. JUDGE MAXWELL DISSENTS. Opinion of the Chiel Justice Suktaluing His Deolsion of Conviotion. LixcoLy, Neb., June 5.—[Special Telegram to Tue Bee.|—Besides dissenting to the findings of Judges Post and Norval, Chief Justice Maxwell filed an opinion of his own in which ho held as follow: “That thore were frauds in flour contracts there 18 no doubt, but the extent of such frauds it is dificult to aotermine. Thus in January and February, 1892, the flour was weighed, it is claimed, and the only record preseryed was the stubs of weigh checks, and thoy are lost. Ther is alsoproof that, thedrayman was in the habit of leavinga number of sacks of flourat a designated place on the way to tho asylum. The charges under this head are fully sustained. “It appears that while Dorgan was pos- sessed of the money in question he, at the request of the respondents, paid to Hopkins 200 to enable him and Elder Howe to visit the prison congress at Pittsburg, Pa. Soon afterward the board received from him 500 of the money belonging to the state to enablo them to choose the best cells. This was charged to the cell house fund. These appropria round ons are {nstitlcd upon the that the state would be benefited theveb; and that therefore it was a proper expendi- ture. Section 22, article iil ot the constitu- tion, provides: ‘No allowance shall be made for ' tho incidental oxpenses of any state officer, except the same be made by general appropriation and on account specifying each item. No money shall be drawn from the treasury except jn_pursu- ance of a specificappropriation, made for any purpose, or taken from any fund whatever, either by joint or scparaté resolution. The auditor shall within sixty days after the ad- journment of each session of the legislature prepare and publish a full statement of all moneys expended. At such session, specify- ing the amount of each item and to whom and for what paid.’ Disregarded Plain Law, “This provision declares thatno money shall be drawn from the treasury except in pursuance of a specific appropriation made by law, andon presentation of a warrant issued by the auditor thereon. The legisla- ture malkes appropriations. It is for it, com- posed as it is of the representatives of the Deople, to say what is for the interest of the state, and to require the exvenditure of mouey. Unless it grants the author- ity ‘thero is none. If an officer or a number of them can take $1 without an appropriation, and be justified in doing so, he or they may take all that there is in the traasury, if in their view the state will be benefited thereby. Money taken without an appropriation is taken not only without law, but in defiance of it, and if tho‘!)rln(:lple is once establisbed, it would lead to gross frauds and peculations. As Applled to Business. “Suppose trustees having the care of prop- orty and receiving the rents and profits should desire to visit distant points to enable them to administer the estate with wisdom and prudence and thereby benefit it. Could they charge this expense upon the owner or beneficiaries without their consent, lawfully expressed? No more can thoy do 50 in this instance. The state, through its legislature, must give its assent to expenditure, Other- wise the party must pay it out of his own pocket. No voucher was filed with any officer showing the amount ex- pended ; nor any attempt to comply with the law. Iu addition to this, the cell house is not ready for the cells even now. Therefore there is no emergency. But under no view of the case can the expenditure be justified, and the fact that in one or two previous in- stances such expenditures were made, which do not seem to have been known, but tends to show the lax methods that seem to have prevailed with the board wherever the expenditure of money was concerned. Some Peculiar Facts. “It 1130 appears that the legislature made anappropriation of $1,000 for the traveling ex- penses of the board. It is true Mr. Allen testifies that 8500 of this sum had been ex- K:ndem He also testifies that all the mem- rs had passes, so their railroad fare was nothing. So far as he au!u{l‘. thohvl-::- tgo‘v.:l: rlomlt;l‘a in- stitutions by L) the expenditures should not have exceeded $100, and proba- bly did not. If the board desired to travel on ofticial business, it would seem that this was the fund for that pur] 3 ’ [t appears also that Dorgan used $284 to reset the boilers in the prison, & charge which properly belonged to Mosher, and should have been paid by him. “In addition to the ordinary provisions in appropriation bills, that of 1801 contained the following : “'Section 8. Each state officer and ei board entitled to draw agsinst the priation provided for in this act shall keep ized account of all expenditures made by them, aud report the same with cbe to the mmmm‘l,;motuu next logislature, afd no officer Insti- tution and no state officer lnll.° sy indeblodness beyoud the JUNE 6, 1803, priatod in this bill except to prevont dis- aster. ““T'he testimony shows that the respond. ents made no attamps o comply with these provisions, The charge¥ were fully sustained. Grows Frauds Were Committod. ““The testimony tendg to show that gross frauds were committéd in the delivery of coal at the Lincoln Asylum for the Insane. The respondents claim to have been ignorant of these frauds until about September, 1802 It appears that from the lst day of October, 1800, to the _20th day of march, 1801, the Whitebreasi ~ Coal and Lime company furnistied esal for tho asylum and was allowed thereforo the sum of $11,- 5. To cover this claim an appropriation 0, or so much ithereof as might be made, and the claim was cer- tifled to the auditor by the respondents. The coal was alleged to have been de- livered on the cars at Asylum switch, but the number and initials of the cars on which it was alleged the coal was delivered are not given in a singlo in- stance. Dr. Knapp testifled in effect that he did not believe the amount pf coal charged had been delivered, His bookkeeper testified to substantially the same facts. Neither of them, however, communicated their suspicions to the respondents. Knapp afterward ap- roved the vouchers and they were approved Ey the respondents and the warrant issued. ‘Was Not Jastifioation. “The fact that an appropriation had been made to ?fl\i for this coal was not an adjudi- ciation of the claim,ns the legislature cannot adjudicate claims. State vs Babeock, 22, Neb., 38, “The very largo amount of coalcharged, suficient to have supptied all the asylums of the state for the time charged, certainly should have put the respondents upon inquiry. The voports for coal from other public institutions were before them and unless fraudulent vouchers were sent in from them also. which there is no claim, a comparison should have shown the fraud. No examination was made, howover. “The respondents "introduced evidence tending to show that last Octover they sub- mitted the whole matter to the grand jury of Lancaster county, and thereby sought to bring the guilty parties to justice. Lt is but fair, however, to state that Governor Boyd requested them to lay the matter bofore the grand jury, and it is evident that the matter had ncquired such publicity it could not be avoided. On this trial they in offect deny the frauds, or that if such existed they had’ any notice thereof in any form, and therefore are not chargeable therewith. They seem also to exhibit no very friendly sentiments toward the witnesses by whom these frauds were proved, and certainly no disposition to aid in procuring proof of the same. No Excuse for Thom Hore. “Some reliance is placed on the approval of the asylum officers by the governor in his message of January, 1801, This, no douvb, is entitled to considerable weight, but it could not in any manner excuse the respondents from the exercise of reasonable care in the examination of the asylum vouchers. In addition to this the land com- missioner ( in December, 1890, in his report to tho governor which is in evidence, says (pago 86): ‘Under tho existing system of furnishing supplies the appropriation funds are too frequently used in keeping with that conception of charity which declares that it “hideth a multitude of sins.” Items for luxuries, privileges and conveniences that are alone enjoyed by the ofticials and their fricnds sre too often cloaked in & claim for “board and clothing, fuel and lights,” or some bne of the other necessary funds appropriated for malnte- nance of the institution.” That Overwork Plea. It is contended by -the. respondents that the business in their: respective offices has s0 increused that it is: impessible to give at- tention to many of the-details of business that come before them and that they are therefore excusable. It is true thereisa large amount of business in each of the of- fices named. This isa large and growing state, and business in all departments is constantly im'rc:lsinfi. In the office of the land conimissioner, however, there are ten clerks and one deputy, 'which, with the principal, makes twelvo persons. In the office of the sccretary of state one deputy and two - clerks, four per- sons in_all In 'the attorney ren- cral’s office, ono deputy and steRog- rapher. If these officers need additional assistance, if they will present their olaim to the legislature through the governor, no doubt the aesired increaso would be granted. These facts must be known to the respond- ents, and as no such application was made, it must be because it was not considered necessary. The business of the state, how- ever, must bo conducted in a reasonably prudent and careful manner, otherwise the result would be chaos, Suppose a merchant or business man shouid urge the want of time to look after his business, and there- fore neglect it, the result would be uncer- tain. No defense of this kind can be enter- tained. How They are Responsible, “Are these acts ?m\mdn for impeachment? *All civil officers of this state shall be liable to impeachment for any misdemeanor in office,’ It may be well to inquire, first, what are the duties of public officers? Each one, before entering upon his duties, is required to take an oath that he will ‘faithfully and impartially perform the duties of his office according to the law and the best of his abil- ity An officer is bouna to exercise ordinary care, such care 8s an ordi- narily prudent man would exercise in the management of his own affairs. The respondents are to quite an extent trustées, The claim that there was no wilfull disre- gard of law in the penitentiary cell houso matter, is clearly shown to be unfounded. The respondents’ " duty to the state was in the first instance to appoint a capable, efti- cient superintendent, who would protect the rights of the state; see that the state re- ceived as fair treatment as other contractors in the employment of convicts and purchase of materials, and to exercise a general supervision over the work; to permit no money to be drawn except on original vouchers of the persons primarily entitled to the money or their assignees. “In all these respects there was a failure to discharge their duty. The claim that they knew nothing about Dorgan is cutitled to no weight whatever. They did know that he represented the party who could and probably would profit by his being superin- tendent. Indeed, the argument thut they were able to hire him cheaper than a disin- terested party is an admission of his unfit- ness, as it shows that he was drawing full pay for his services from Mosher at the same time. In addition to these facts each allow- ance of an estimate without a voucher was a violation of @& duty by the respondents, by which they wrongfully and willfully per- mitted Dorgan to draw money from the tréasury, Not Entitled to Exemption, “1t is said the respondents actea judicially in approving accounts, and therefore are not liable for their acts. e able attorneys for the respondents made ro claim of this kind, and therefore it is evident they did not rely upon it. If, in approving #ecounts, they act Jjudicially, in order to protect them there are three things which musyconcur. First, the claim must be one they are authorized to audit; second, it must’ be vresented in the form of a bill or voucher showing the debt and what it is for, otherwise the board would be like a judge passing upon a matter not before him, suchus amatter not put in issue, and, third, the statute makes it their duty’ to investigate every claim. The protection iaccorded to & judee against & . private action does not apply when he is on trial under a specific charge of impeschment. Fven a judge of this court ‘¢ould not plead pro- tection against suchicharge. In such case his conduct and general munuer of conduct- ing his business may be inquired into, and if he is found guilty of Miseconduct, on any of the charges, e may be declared guilty, But no judicial oficer is protected when he ex- ceeds his authority, and these respondents ver, ulen“r&y in all shey are charged wi ac! either without |ur.huriv.% of law or excess of sucl suthority. But in my view, their duties are uot judicial. In the proper sense the do not allow accounts. They merely investi- gate, or should investigate the vouchers and the several items thereof, to see that they conform to the contract. In other words, the gua of the board is to let contracts in & spegiiod manner a) vouchers are presehted under sugh contracts, which uj examination ars féund to be correct, they tfy the same to the auditor. The certificate is not a flual order from which an appeal would lie and i3 not a judicial act. They Are Not Protected. "h'fllmh contendad - that . luour:im his duty 10 Investigate, or who unlawfully draws money from the treasury is protected trom the consequences of his act and so far a8 I am aware no case so_holds, Proof was introduced on behalf of the spondonts 1o show that Dorgan, Knapp and others had Riven bonds to the state. It is evident that none of these bonds will cover the actual loss to the state, and even if enforced would be an inadequate remedy. But the giving of the bond by an officer does not exempt him from the performance of his duty, nor reliove those who superintends his acts, from a faithful supervising of the same. The law imposes the duty of supervising with ‘a reasonable degree of care.’ It seems to me the rflu}mmlu wholly failed in the performance of their duties in the ca spocified in these charges, whereby the state, during the ten months that Dorgan was superintendent, lost a large sum of money, probably not less than £15,000, and 8234 for resting the boilers, which was not a debt of the state, tozether with the sums drawn by Hopkins and Howe to go to Pitt burg and these respondents to go to St. Louis, in all $934. Had Plenty of Chances, “The overpayments for coal all in sixteon months exceed $12,000. An ordinary prudent man would bave required the vouchers to be in proper form giving the numbers and weights of the several cars. There aro telophones in ail the public buildings, so that it would have taken but a moment to mako the proper inquiries in re- gard to the coal and protect the interests of the state. But so far as the proof shows such inquiries were not made in a single in- stance. A public officer, like any ovher ser- vant, should bo faithful to his employer, to see that in all matters under his control the master shall not be defrauded. In other words, he shall be faithful to his trust, not as an eye servant, but in the sight of God. That1s in effect the oath that each ofticer takes to faithfully perform his duty, Our public institutions should be conducted on business principles and without fear, favor or favoritism, and no money should be drawn from the treasury except in strict pur- suance of law. Would Prodnce More Evil. “If the court should approve or even con- done the conduct of the respondents in these es the influence of the decision will be felt in every department of business in the state ns tending to weaken the sense of faithfulness of public ofcers and _employes, and in_every way prove detrimental to the best interests of society. Thore are an abundanc of mon in the stalo who can ana if the opportunity Is given by their sclection to_the oftices filled by the respondents, will faithfully look nfter the in- terests of the state d as the respondents have failed in that regard, the charges aro well taken and should be sustained. 1 there- fore vote guilty as charged. “I fear the result of the decision, if ad- hered to, will be to open a door to the gross- est frauds in the public institutions of the state. A number of the witnesses for the state testified 1f under constraint and there seemed to be powerful influence affecting some of them, aside from the immediate friends of the respondents at work in their favor. The respondents, of course, are not responsible for these influsnces, but it is my duty to mention them.” RESEMBLES A DEATH WARRANT, Some Who Believe the Verdict WIill Be Repudiated by the People. L1xcoLN, Neb., June 5.—[Special Telegram to Tk Brg.]—Hon. G. M. Lambertson, who was chief counsel for the state in tho im- peachment trisl, and incurred the deadly political enmity of the respoudents and their friends by his fearloss arraignment of their official acts, was found in his rooms on H street this evening. In answer to a query as to his opinion of the verdict, he said: *“Well, T have not yet read the opinion of Judge Post, but have glanced over that submitted by Chief Justice Maxwell, which seemed to respond to every point in tho case. In my opinion,”and Mr. Lambertson leaned back reflectively in his chair, “the verdict of the chief justice, who has been on the bench for twenty yoars, will be accepted as the most satisfactory to the people. “If the supreme court had united 1n finding the respondents guilty the influcnce of such a verdict would have been most wholesome, and the outlook for the success of the repub- lican party would have been brighter than b is. “In any event the trial has been and will prove of the greatest service to the state. It will bring about better businessmethod: will save the state $40,000 a year and will sive gur officials a higher sense of public uty. Very Like n Death Warrant. Hon. C. D. Casper, the democratic. and Hon, P. H. Barry, the independent member of the impeachment committee, were evi- dently not sure whether they were pleased or displeased over the verdict. “It was just what I expected,” said Mr. Casper. “When Judges Post and Norval aftixed their names to the decision exonecrat- ing the stato officials in the face of the ac- cumulation of evidence as to their neglect ot sworn duty they signed the death warraat of the republizan party in Nebraska, This is not a funeral of my secking, and I do not feel called upon to pronounce an oration over the corpse.” Thinks It Wi Help the Indepondents. “The verdict,” said Captain Barry ‘‘means the defeat of the republican party at the next election. Tt I8 partisan, biased and apparently a forced argument in behalf of the respondents. So far as I can judge from what I hear it means also an overwhelming victory for the independents next fall. The peoplo have read the evidence in the case, and their verdict will be handed in then.” Governor Crounse and Auditor Moore were in close conversation in the Hotel Lin- coln rotuuda this evening at 9 o'clock, when approached by a reporter for Tur BEE. When asked for his views on the de- cision, the governor replled, somewhat per- emptorily: O, I don’t care to express my views on that subject. I believe I prefer to let each citizen form his own conclusions, I would rather bo quoted as having had nothing to say.” “You will undnrsmnsl," added Auditor Moore, “that co-ordinate officers prefer to be silent on the subject. It would hardly bo proper for them to express themselyes. either for or against.” AT WAS NOT AN APPETIZER. Thelr Narrow Fscape Made the Principsls Postpono Thelr Banquet. LixcoLN, Neb., June 5,—[Special Telogram to Tue BeeJ—The banquet, which was to have been tendered the state officials who were before the court of impeachment, and which was to have been accompanied by a flow of wine, red fire and slow music, did not materialize. 1t was to have been one of the features of the evening if the court had given the gentlemen a clean bill, It is stated with authority that all preparatious had been made. but the dissenting opinion of Chief Justice Maxwell hus taken away all desive to congregate around the ban- quet board and drink wine, while the three respondents are putting on a bold front as they shake hands with the men of their ilk, Their every word and act fully indicate that they are not happy. Even many of their staunch supporters acknowl- edge that the majority opinion is slightly on the white wash order and that instead of being purged they have been convicted by the people of the state, BENTON, HILL AND LEESE FREE. Power to Amend lmpeachment Proceed- fugs Cannot Be Delegated. LaxcoLy, Neb., June b, —[Special Telogram to Tur Bee.]—Tom Benton, ex-auditor; Cap- tain Hill, ex-treasurer, and ex-Attorney General Leese are free men tonight so far as any action of the supreme court is con- cerned, With tihe main opinion in the im- peachment case there was another opinion which sent the ex-officials out of harm's way. In substance it is as follows: *“T'he constitution of this state confers the sole z:wlr of impeachment ufin he senate and house of representatives in joint conven- tion, and the legislature cannot delegate that power to others. Where the legislature has adopted articles of impeachment which have been filed m this court no amendment :l::dm(bln any matter of e e by any managers aj y the islature Lo prosecute v.hnv impeachment. authority to adopt and present other Mlfi‘dfllflr im) went or speci- the jaiut con< veation - of the legislature. two houses of The artioles adopted on April 7 charging them with misdomeanor in offfco whon thay wore private citizens and subjecting them to impeachment would not only be extromely oppressive and oxpensive but would endanger their lives and liberty by oxposing thom against their wills to a prosecution for their conduct in exercising their political right and privilogos,” ‘The opinion is by Judgoe Norval and is con- curred in by his associates and tho charges are dismissod. Some Private Opintons. “Not having read the decision of the majority of the court, nor the dissenting opinion of Judge Maxwell,” said Matt Ger- ing of Plattsmouth to a Ber reporter at the Paxton last evening, I do not feel compe- tent to express a rational opinion upon the matter, although the dissenting opinion seems to confirm the so-called political state- ments made by Mr. Morton and mysell dur- ing the Inst campaign. 1 think the decision hardly comes up to the expectations of the people; yot, it is a vory serious thing to de- prive men of the right to hold office because of negligence of others.™ “‘What is the outlook on the United States district attorney contest " “There are five of us who are candidates for the position. I feel hopeful, as I suppose all of the candidates do. I think the ap- pointment will depend upon the consent of Socretary Morton, whose wishes will decide the choice of the administration. Both Mr Mahoney and Judge Ogden are admirably fitted for the place. If I am not selecved for it, T shall not feel in the least disgruntled, becauso I know that Mr. Morton's idea is the unification of the party, and an appointment made with that end in view will prove grati- fying to overy member of the democracy. No one can now predict who will be the success- ful candidate. Tt is cortain that the appoint- ment will not be made until the expiration of Mr. Baker's term in January.” Deputy Uni ted States Marshal Liddard of Rushville was met at the Paxton, The vigilant ex-sheriff of Sarpy has mado three trips to Omaha with prisoners in the past couple of weeks, covering 3,000 miles, and had been 8o busy yesterday that he had not heard of the impeachment verdict until in- formed of it by Tur Bre man, “What, acquitted? You don't mean it? Well, well.” “What do you think of it?" “Well, usually 1 have enough to do to look after my own business, but then I guess this is every citizen's business. The verdict i Fomg 1o help the democratic party. Every- body up my way was expecting a verdict of guilty. videnco certainl, for conviction. There very damning testimony gi 1ooked strong good deal of von in that case.” NATI0) 1GUE GAMES, Senators Jolt the Conquering Pirates Protty Solidly for One Game. Wasmiyeroy, D. C., June 5.—Terry started in to pitch for Pittsburg, but the Washing- tons hit him so hard that Gastright was sub- stituted, but he fared no better. Both were wild and ineffective. Woather hot. Score: Washington. .1 82301400 8-14 Pittsburg 11 1 0B 0M0F1=27, Hits: Washington, 15; Pittsburg, 11. Errors Washington, 6; Pltts Earnod r Washington, tteries: St sel, Duryes and McGulre; Terry, Gastright and Mack. Only Mike Already Benched. New Yonk, June 5.—St. Touls was not in the game with the New Yorks. Rusic was invincible for six innings and then let up. son, on the other hand, was wild_and 's ‘men hit_him almost at will. Mike Kelly was laid off without pay until he gots into_ condition to play ball. Attendance 2,000, Score Now York 20130820 *10 St. Louls 0000002085 Hits: New York, 14; St. Louis, 9. Errors: New York, 8; St Louls, 5. Earned runs: New York, 5; §t.’ Louis, 2." Batterfes: Rusie and Doyle; Gunson and Gleason. Bean Eaters Got It. Bostox, Mass., June 5.—The Champlons fairly won the game from the Clevelands by superior batting. 1t was a ‘“scrapping game" from start to finish, both teams find- ing fault with the umpircand continually fighting for points. Score: Boston. 10812820 *12 Cleveland.. 01022140 0-10 Hits: Boston, 11; Cleveland, 11. Errors: Boston Cleveland, 5. Earned runs: Boston, leveland, 2. Batteries: Stivetts, Staley, Morritt and’ Gansel; O'Connor, Young and Zimmer. Jiggs Parrott Wins a Game. BrookLyN, N. Y., June 5.—Parroti, the third baseman of the Chicago team, was the man who did the most toward defeating the Brooklyns at Eastern park, Altogether the Clarkson and shicagoans' flelding was very fine. Score: 01004000 0-5 11101021 0-7 Brooklyn, 10; Chicago, 10. Errors: Brook o, Chicago, 2. Farned runs: Brook- iyn, K0, Kinslow; Mauck Batteries: Haddock and McGinnis and Schriver. This Corked the Dude. PrILADRLPRIA, Pa., June 5.—Philadelphia won an interesting game in the tenth inning, after two werg out, on a succession of three- baggers by Cross and Allen and Keete's singlo. Weathor clear and hot Score: Philadelphia.. 0 0 0 2 2 0 1 1 0 2—8 Cinclnnatl.....0 2 1 0 01 0 2 0 0~ 6 Hits: Philadelphia, 15; Cincinnatl, 18, Errors: Philadelphia, 5; Clncinnatl, 2, Earned runs: Philadelphia, 6; Cincinnati, 2. Bat- teries: Koefe, Cloments and Uross} Mullane and Murphy. Orloles Coming Fast Again. BarTiMORE. Md., June 5.—The Louisvilles met with another defcat at tho hanas of the Baltimores because of the Orioles getting a batting streak on in the eighth innmng. At- tendanco 2,800. Score: 00 0 020 i Baltimore, 11; iore, 1 ville, os: Me sou; Stratton and Grim. ~ Ntanding or the ‘Teams. 200030 001000 wrned runs: W L A [ Pittsburg. 10 .7|New York. 12 .t Washingto 13 1| ouls, Brooklyn . 14 8 lo8go. . Baltimoro'..18 17 83.1/Cinclunati. Cloyeland. 12 520/ Loutsville. Jocky Club Reorganized. One of Omaha's “long felt wants' 1s about to be satisfled. The Omaha Jockey club met and rcorganized last night, and there will be a midsummer race meeting July 4, 5 and 6, with a program no city need be ashamed of. There was a good attendance at last night's meeting and wuch interest was man- ifest. Judging from the enthusiasm that irradiated from the horsemen who took part in the meeting, the revivification of the Jockey club means business, and it is safe to say that Omaha will again be the scene of some interesting racing events. Oficers electea were: President, W. J. Perry, the well known horseman ; vice presi- dent and treasurer, P, H. Kinney ; secretary, J. A. Tuthull, who has a record for managing successful meetings, notably the running meet at Wahoo, ,in 1870, and that at Lemars, Ia., in 1579, B Towa Krule Prospeots. MaLvery, la., June 5.—|Special to Tue Bre.]—An interview with W. K. Follett, tho veteran horticulturist, elicits the informa- tion that the prospects for small fruits, as raspberries, blackberries, strawberries and grapes, are better than for several years, The apple prospects have been good until within the past weelk, when a twig blight was noticed, which threatens to cut the crop short. Plums promise a fair crop. Cher- will be almost s total failure. — Plans for Miss Ripley’s Funeral. Keanngy, Neb,, June 5.—[Special Tele- gram to Tue Bee |—The remains of Miss Mary Ripley, who died at Bostwick while on @ lecturing tour, were brought here for bur- ial today. Miss Ripley was president of the Kearney Nineteenth Century club and occu- pled & prominent position in educational and temperance circles, The funeral will be held Wedunesday afternoon, - - Destructive Fire at Pender. Pexpes, Neb., June 5.—[Special Telegram to Tux Bee.)—-B. T. Hull & Sons’ fiour mill known as the an Valley Roller Mills burpned tonight. The fire was discovered about 10 o'clock, but too late tosave gny- thing but about fifty bushels of wh:fl, The loss is closely estimated &t from $18,000 to §14,00. " Fu lnsurauce is betweon $3,000 and ———— Temporsty office of Chas. Shiverick & Co., ‘rooms 202203 Firet National bauk butlding. 10 BE SETTLED THIS WEER Material for Omaha's Fodoral Building N ) SLIGHT CHANCE TO SECURE GRANF '3 Sapervising Architect O'Rourke Thini 1f Possible to Sunervising roach any conclusion today in the matter the public building at Omaha. Manderson was to have pervising architect for a further conforendg as to the advisability of r and stherefore nothing w Mr. O'Rourke said to Tir Brk corresponder$] this afternoon that the case aboyance, but it would, ho thought, bo se}] tled th “Lcansoe but one solutiou of the quep tion,” said the supervising architect, “ad that is to ation o granite. unless the appropriation. Secretary Morton, who from the city Assistant Secretary Willetts that he will turn tomoreow morning. pent a greater portion of the week department. served former claims ana_w 1 his oftice this week. Comptroller tional bank examiner for the state of N¢ braska. He one man, that Ixamine removed, ofice throughout the republican term be| cause of his record for efficion: aminership ame late this afternoon. The name of thi applicant has not been given out yot. The following pensions granted are 1y ed: Nebraska Paj Increase—\ Original widows, etc.—Mary Fisher, Mary\] A. Hines, mother. Willlam Wagner was appointed postmaster at Amherst, Buffalo county, toda; W. Kapelsky, resigned. ‘What it Cost to Conviet Dr. Briggs. WasmixaroN, D. C., Junc 5.—It is generally agreed connected with the Briggs case that the ex: penses incurred during the entire progress of | the case from its initiatory stage until the general assembly disposed of it last week, amounted to a very large sum, but it is al most impossible to make an estimate of the total amount with a lott, who was chaij tee of arrangements for the general assem- bly, is, however, of the opinion that the, sioner: to end cost the gencral assembly about 50,000, 18 early correct. Yot Determined. — )| leeure an lncreased Tat This Method Require Time. Appropeiation, wi Wasnr V 110N Bureau o Tie Ben, ) # 3 F RTRENTI STRREET, AsiiNatoN, 1. C., June 5. | ¥ Architect O'Rourke did Senal called upon the 8 dvertising o The senator, however, did not o accomplishegs was still il week. i advertise for bids the specifi ling for some other material vhal Weo cannot build of graniigl the bidders come withi Tt is possible, howeve! additional appropriati he cost of a granite buils cure an nt to cov . but this course would necessitate gro ay. Howevar, I hope to havo tho matt] ghtened out within the next few day Seoretary Morton nt His Desk, as been rok, absed) for over a w has wire The secretary h 20, Mnaslor's Claims Recognlzed. sler, of appointed ch Mr. Hassl s the appointme c w artment during Cleveland" He was a candidate for sed [ the senate, but though M lly endorsed Mr. Hassl the nomination in caucus| pplication for chi v department, and » Snuth recognized h! de out the commission, or will probably assume the duties Nebraska Bank Examiner, cels will appoint an add aid the work was too much fq Ihere is not much probabilit idith, now in charge, wi While 4 democrat, ho ' hel y. But ony been cived for bany) from the state of Nebraskul ion has Western Pensions, Tncrease —Orange Warner. Reissue—John Hondersheldt) ginal—Geory Moran, Arzy lliam__Johnston| Glen i Mlscellanoous. among Presbyterians prominently Rev. Dr. Bart- he local commit- 0 e, mage by some of tho commis that the Briggs case from beginning Sarsaparilla Is superior to all other preparations ¢ claiming to be blood-purifiers. First of all, because the principal ingredi- | ent used in it is the extract of gen- uine Honduras sarsaparilla root, the variety richest in medicinal proper- Cures Catarrh low dock, being raised expressly for the Company, is always fresh and| of the very best kind. With equal discrimination and care, each of the other ingredients are selected and compounded. It is Bal- | Mahon und Robin- Superior Medicine because it is always the same in ap- pearance, flavor, and effect, and, be. ing highly concentrated, only smal} doses are needed. the most economical blood-purifier SCROFULA ing, and life enjoyable. out all impurities in the system and expels them harmlessly by the natu- ral channels. AYER'S Sarsaparilla gives elasticity to the step, and im. parts to the aged and infirm, re- newed health, strength, and vitality, Sarsaparilla glrefl by Cures others, will cure you deadly. Beecham’s ( Worth YER'S ties. Also, be- cause the yels THE It is, therefore, in existence. It makes food nour- ishing, work pleas- ant, sleep refresh- It searches Cures YER' Dr.J by all Druggl Lowell, Mast, ix bottles, 88, Simple ailments neglected may grow A " handy remedy is Guinea o Boke Pills in all cases where Liver and Stomach trouble is suspected. a5 sents A bon