Omaha Daily Bee Newspaper, June 6, 1893, Page 4

More Light Shed on it for the Benefit of the City Oouncil. TWO SIDES TO THE STORY ARE PLAIN Witnesses Tell Things that Do Not Reflect Much Credit on the Accused Partios— © Shady Transactions Histed 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 nothing new or startling and was in line with that adduced at the first meeting of the com- niittee. C. A. Patterson had known Mos for six or and first met him in the oflice of the Nebraska and lowa 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 $100, and wit- ness understood that it was to cover a short- age In his accounts with the company. Pat- terson dig not remember whether Mos con- tinued in‘the employ of the company after glving the mortgage. The witness thought L. B. Williams could give information on the subject. In reply toa 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 firm and had charge of the books and cash. There was deficitsin the sales on three days, amount- ing to $10.75 the first day, $2.65 the second and 81.60 on the third. He watched Mos, made the discovery of the shor 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 to it. 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 Bre as there the day Mos had Icft the employ of the firm, On that occasion an item of $25 was taken from the cash drawer by Andy Ri i he had placed it in the s in black and white th 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 expenses in some es and in others no charge was made. Witness told of a_trans- netion by which he said he was asked by Andrew Riley to make a false entry in the books with the intentionof defrauding Ber- nard Riley, & member of the firm, Corcoran Mos proved F. W. Simpson had been acquainted with Mos six or seven years in a business way and ys found him honest and truti . Miller, weighmaster at the Oma elevator, and a neighbor, testified as to Mr. Mos’ good character, and in business nad always found him honorable and honest. Nathan Stevens, a real estate aealer known Mos for six yerrs ina business and social way and had aiways found him straightforward and upright. J. W. Atkinson had known Mos for three years in a business way and testitied as to His Own Version, Mr. Mos explained how he came to glve tho 400 mortgage to the Nebraska and Iowa Tnsurance company. He was employed by Hart for the company in December, 1856, and continued in the service until about the 1st of June th ear following. His salary was fixed at /5 the first month. Before the month had expired he received a proposition from C. E. Mayne to enter his empléy at a salary of 2,000 per . 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 ad testified as to the mortzage, and since that time Dbitter feeling had existed between them. He was in charge of the books and collections and no restraints wers imposed by Hart. No objection was raised to his overdrawing his account, which hedid 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. Hurt denied the sgreemont whereby he was to receive the agoo quarterly. He 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 payment of the 175 he had overdrawn and for the horse and buggy. He remained in the employ of the company 4 few days and then left. Laterthe mortgago and note were returned to him by the management succeeding Hart, and ho did mot pay a cent upon it and had never been requested to. Mos said he haa refused to assist in the work of defrauding was why he -vas persecuted as ho He vroduced the original note and co and his duiry showing the amounts e received from the company and what ho ‘When asked regarding the statements made by Bernard Riley, Mos said he was not in tho sto much of the time on the three y8 mentioned,. but was out looking after collections. He was then permitted to address the com- mittee in his own oehalf. Hereferred tothe fact that not one of C. M. Schneider’s former partners were present to substantiate his satements, He said he had always been honest and honorable, and it was becausa he had refused to assist in shady trans- actions that he was persecuted in this man- ner. The committee will meet this afternoon at 8 o'clock to reach an agrecment and propare its Toport. “Said Pasha" was the magnet that drew a good sized audience to the Farnam Street theaterlast night. The announcement that tho Calhoun Opera company was to be here and present Stahl's rollizking, musical pro- duction was sufficient to bring out nough of Omaha's theater goers to com- fortably fill the house. and all those who attended enjoyed themselves most thor- oughl.v. Pho cast is an excellent one, and each and © every person in it Is thorrughly versed in his o part, 50 that the opera’ goes through without u’ single hitch or evror, the end tho audic 4 ta e by that that follows o a by “bad breaks” due to a_deficient knowl- edge of li) iness.” In a word, the sentation of id Pasha" by the Cal- cfin company is as nearly perfect us pos- o. and marred A recent valuable acquisition Carric Godfrey, as Alti, which originally created for her. flmb' wonderful l\mic-) in ve, aud the solo parts ren- dered by her - last uight were enthusiastically received. Miss Millard as Sevena sweet and charming, and Miss * ~,iv.rzw, with her entirely unpleasant part, 8 Balah Sojah, is enuitled to more than a little credit for her work. Messrs. Flint and Calboun, who do the parts of Hadad and Nocky, are funny, and the word *“funny” in h.:onm;hlm n:luuu ‘lhfi‘h v.lmi; pnl);luru ughter, and laughter ad. lib, The chorus excellent and well traived. “Said Pasha” will appear this and tomor row evenings, with 4 matinee tomorrow even- .‘lvn‘rlue Thursday evening to “'Fal kza," which will also be miven at Satur- 's matineo, “'Sald Pasha” is well worth secing. — Mo ius Not Modified s Policy, , Rous, June 5.-~The journals recognized as n&udmuflmmhdfiuiflxmu pobe is Miss part was Miss Godfrey compass and THE OMAHA DAILY BEE; TU YTy v ¥ ENROUTE 0 CHICAGO, Enlalla Bids Adion to New York and Loaves for the World's Fair. NEw Yonk, June 5.—The Spanish princess and suite left this morning for Chicago. The party was escorted from the hotel to the ferry by a battalion of the United Statos signal corps, Mayor Gilroy and the reception committee. A special steamer conveyed them to Jersey City, whore they took & spe- clal train on the Pennsylvania road. ALTOONA, Pa., June 5.—The train arrived at Harrisburg at 5 o'clock. While enginos wore belng changed, a crowd of several hun- dred people surrounded the train and at the window. 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 desiro 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 Spamsh cigarettes wero ready for her and she smoked several of them with unfeigned pleasure, One of the most wide awake members of the princess’ party is the colored boy Almaro Sargasso, who was discovered on board the Spanish man-of-war Infanta Isabella, when it led with the infanta from Havana, Cuba, and whom the infanta has adopted as a servant. At Now York he was fitted out with a uniform of blue with bra 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 enginecr was notified, and preparations were quickly made to give the princess a new experience. At Mount Union, eighty-six miles west of Harrisburg, the princess, with tho prince. Commander Davis and Mr. Parke, climbed up into the cab and stood on the left side. The prince stood ¢! by her side. Tngineer Fillin, ton touched the throttle, and old 1,370 started off. Faster a faster flew the train. The fireman's arm moved and the whistle shriel three 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 tho prince with the other. The train was doing better thana mile a minute. The princess held on and seemed to enjoy the sensation. At Huntingdon the 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 a at S p.m. A stop of five minutes de to change engines, and then the train wenton. SRR S T FOR THE FUNERAL. Fircmen 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 scrvices of the late members of the force, Captain Cox and Pipeman Ouray. Committees were ned as follow: resolutions—Beard, Miller and Loom rangements—Lauk, Dempsey and Will ! to wait upon the management of the Farnam Street theatre regarding the proposed benefit—Barnes and O'Neil. A floral offering from Postmaster Clarkson was recelved and accepted with a vote of thanks. The death benefit of 400 in each case was ordered paid. An mmvitation was extended to the South Omaha and Councit Bluffs departments, the Durant company and the Veteran Firemen's association toattend the funerals. Chief Galligan will mako 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 506 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. Mecmbers of the family arc oxpected to arrive from Chicago this morning. The time of the funeral will then be made known. Services will be held at 515 North Fourteenth street and the in- terment take place at ForeLawn. S BOOTH 18 SLOWLY SINKING. No Very Marked Change in Actor's Conditlon. NEw Yok, June 5.—[11.45 p. m.] ~While there has been no very marked change in Bootl's condition, it must be admitted that he is slowly failing. e PERSONAL PARAGRAPHS. the Great Ex-Senator A. S. Paddock is in the city. Bishop Worthington has gone to New York. W. F. Bechel and L. A. Garner Chicago last evening. H. Kastman left yosterday for Chi- tend the oponing of the Nebraska left for building. 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, clerk of the Board of Ixducation, has returned from a weck's visit to her former home in Coin, Ia. Dayenport, formerly chief clerk of rd and now manager of the Union lotol at Abilene, Kan., is at the Villiam H. Hanchett returncd yester- day from the world's congress of medicine, He reports a large attendance of forewgn doctors and many from Nebraska and the west. At the Mercer: H. P.Johnson, Daven- port; Arthur Dole, L. C. Parker, Beatrice C. O. Shumway, Lyons; W. and wife, I W.S. I 1s, Columbu: M. G. Grobe, coln; Wiilliam R. White, Chicago; F. H. Clough, et, Neb.; J. J. K. Butler, Chicago ; George Lewis, New York; J. C. Mason, Aurora, Il ; 3 gar Smith, Chicago; C. H. Buartlett, Musca- tine, . Reushaw, —~—~— WEATHEE FORECAST. Fair and Warmer, with Variable Winds, for Nebraska. WasuiNgron, D, C., June 5.-—Forecasts for Tuesdayv: For Nebraska and the Dakotas— Fair; warmer: variablo winds, For lowa—Fair: warmer, est to north winds, Local Record. OFFICE OF THE WEATHER BUREAU. OMmanA, June 5 —Omaha record of temperature and rainfall, compared with corresponding days of past four years: 1699. 1892, 1891, 1 Maximum temperature, 718 769 859 Minimum temperature.. 532 640 462 ago temperature.. 622 702 509 620 tation A O T R B tshowing the condition of tem- perature und precivitation at Omaha for the day and since ) h 1, 180: Normal temperature. .. Excess tor tho day... 10 Deticlencysince March 1 Normal preel pitation Doficloncy for the day ExCoss sinee 890, 679 HB2 *.'2/38 inch . HuxT, Local Forecast Officlal. Reports from Other Points at 8 p. m, STATIONS. £ep 30 0amrw edmey, xug Kearn; Chicago 8t Louls Bt Faul Davenport i, gasee RSSZIIATSEI T T T U T T TY Tl M EosEBEeRERE gEsegers cheered for the infanta until she appeared | WERE NOT LIABLE strained to reverse their ruling and pia different construction upon the act. Thelr Word Exonerates Them. “It1s in evidence that no itemized account of their expenses was over flled with the board or submitted to the legislature, but each of the respondents and the warden tes- tify that the money was all expended for traveling exponses and other necessary costs of the trip, anda that in addition to the 800 used for that each expended from $15 to 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 to find that their legitimato expenses were less than $500, and draw the inference that they con- vorted a part of thatamount—in other words they are gulty of embezzlement. It d be remembered in the first place that isa 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 euilty. Second, they are not contradicted by any evidence whatever; they were not even subjocted to & cross-examination regarding the items ox- pended. **We must not be understood as holding that upon an accounting they may mnot be chargeable with a part or nh the 500 In question, but a finding of willful conversion in this cise must rest upon suspicion alone, or at most a mero probability, and upon evi- dence insufficient to support a verdict in civil action. Same on the Chaplain's Trip. “‘Substantially the same reason is ap- plicable to the 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 expeuditure was outside of the scope of tho authority of the board, and they are liable to the state for the money so aavanced. In other words, they cannot, as to that amount, claim immunity on the ground that their action was in its nature 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 sufficient defense.” Condoned by the Legisiature. 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 maa of strict- est probity and honor. Further than this, the fact that the legislature passed a defl- ciency appropriation to make up the deficit aused 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 ana 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 acainst the respondents. England furnishes the only precedents, and in that country the use of impeachment has fallen into such disuse as to be almost obso- lete. JUDGE MAXWELL DISSENTS. Opinion of the Chiel Justice Suktaining His Deoision of Conviotlon. LiNCOLN, Neb., June 5.—([Special Telegram to Tue Bgee.|—Besides dissenting to the findings of Judges Post and Norval, Chief Justice Maxwell filed an opinion of his own in which he held as follows: “That there were frauds in flour contracts there 18 no doubt, but the extent of such frauds it is difficult to doetermine. Thus in January and February, 1892, the flour was woighed, it is claimed, and the only record presoryed was the stubs of weigh checks, and thoy. are lost. There is alsoproof that thedrayman was in the habit of leaving a number of sacks of flourat a designated place on the way to the 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 enable them to choose the best cells. This was charged to the cell house fund. These appropriations are {uszinnd upon the ground that the state would be benefited thereby and that therefore it was a proper expendi- ture. Section 22, article iii ot the constitu- tion, provides: ‘No allowance shall be made for ' the incidental expenses of any state officer, except the same be made by general appropriation and on account specifying each item. Nomoney 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 separate 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 makes appropriations. It is for it, com- posed as it is of the representatives of the people, to say what is for the interest of the state, and to require the exvenditure of mouey, Unless it grants the author- ity there is mnone. 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 the principle i3 once established, it would lead to gross frauds and peculations. As Applied to Business. ‘‘Suppose trustees having the care of prop- erty 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 beneflt it. ~ Could they charge this expense upon the owner or beneficiaries without their consent, lawfully expressed? No more can thoy do 80 in this instauce. The state, through its legislature, must give its assent to expenditure. Other- swise 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 evon 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 FPeculiar Facts, 41t 1130 appears that the legislature made an appropriation of $1,000 for the traveling ex- penses of the board. It is true Mr. Allen testifies that $500 of this sum had been L»endeu. He also testifies that all the mem- ers had passes, so their railroad fare was nothing. So far as he stated, the visits to the various state in- stitutions by the board, the expenditures should not have exceeded 8100, and proba- bly did not. If the board desired to travel on oficial business, it would seem that this the fund for that purpose, It appears also that Dorgan used $284 to reset the boilers in the prison, & charge which properly belonged to , and should have been paid by him. “ln addition to the ordinary provisions in iation bills, that of 1891 contained the following: “'Section 8. Each state officer and board entitled to draw against the aéfi priation provided for in this act shall keep an item! account of all expenditures made by mnd roport the same with printed in this bill except to prevont dis- aster.® T testimony shows 1that the respond ents made no attemps o comply with these provisions. The chargos wero fully sustained. Gross Frauds Were Committed, ““The testimony tendg to \show that gross frauds were committéd in the delivery of coal at the Lincoln Asglum for the Insane. The respondents claim to have been ignorant of these frauds until aboutSeptember, 1802, It appears that from the st day of October, 1800, to the _ 2ith A{y of march, 1891, the Whitebreakt Coal and Lime company furnished coeal for the asylum and was allowed therefore the sum of $11,- or this claim an appropriation of $12.000, o much :thereof as might be sary, was mado, and the claim was cer- to the auditor by the respondents. coal was alleged to have been livered on the cars at_ Asy switch, but the number and in of the ears on which it was allezed the coa was delivered aro not given in a singloe in- stance. Dr. Knapp testifled in effect that he did not believe the amount pf coal chargod had boen delivered. His bookkeeper testified to substantially the same facts, \Xenhnr of them, however, communicated their suspicions to the respondents. Knapp afterward ap- proved tho vouchers und they were approved ¥ the respondents and the warrant issued. Was Not Justifloation. “The fact that an approprintion had been made to pay for this coal was not an adjudi- ciation of the claim,as the legislature cannot adjudicate claims.” State vs Babcock, 92, Neb., 38, “The very large amount of coalcharged, sufficient to have supptied all the ' asylums of the state for the time charged, certainly should have put the respondents upon inquiry. The reports for coal from other public institutions were before them and unless fraudulent vouchers were sent in from them nlso. which thereis no claim, a comparison should have shown the fraud. No examination was made, howover, “The respondents - introduced evidence tending to show that last October they sub- mitted the whole matter to the grand jury of Lancaster county, and thoreby sought to bring the guilty parties to justice. 1t is but fair, however, to state_that Governor Boyd requested them to lay the matter before the grand jury, and it is evident that the matter had acquired such publicity it could not be avoided. On this trial they in effect deny the frauds, or that if such existed they had any notice thereof in any form, and therefore are mot chargeable thereiwith. 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 Hoere. “Some reliance is placed on the approval of tho asylum officers by the governor in his wmessage of January, 1801. This, no dovby, 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 roport to tho governor _ which is in evidence, says (pago 88): ‘Under tho oxisting 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 officials and their friends are toc often cloaked in a claim for “board and clothing, fuel and lights,” or some one of the other necessary funds appropriated for mainte- nance of the institution.” That Overwork Plea. “It is contended by -the respondents that the busfness in their: respective offices has 50 increused that it is: impossible to give at- tention to many of the details of business that come before them and that they ave therefore excusable. It is true thereisa large amount of business’ in each of the of- fices named. Thisisa large and growing state, and business in all departments is constantly im'rcnsing. In the office of the land comimissioner, however, there are ten clerks and one deputy, ‘which, with the principal, makes twelvé persons. In the ofice of the sccretary of state one deputy and two clorks, four per- sons in_all. In ‘the attorney gen- cral's office, ono deputy and Stehog- rapher. If these officors need additional assistance, if they will present their claim to the legislature through the governor, no doubt the aesired increaso would be granted. These facts must bo known to the respond- ents, and as no such application was made, it mist bo because it was not consicered necessary. The business of the state, how- ever, musi bo conducted in a reasonubly prudent and caretul manner, otherwise tho result would be chuos, Suppose a merchant or business man should urge the want of time to look after his business, and thero- fore neglect it, the result would be uncer- tain. No defense of this kind can bo enter- tained. How They are Responsible, “Are these acts Fm\mdn for impeachment? *All civil officers of this state shall be liablo to impeachment for any misdemeanor in office,” 1t 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 as an ordi- narily prudent man would exerclse in the management of his own affairs. The respondents are to quite an extent trustées. The claim that there was no wilfull disro- 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, efli- cient superintendent, who would protect the rights of the state; see that the state re- ceived as fair treatment as other contractors iu the employment of convicts and purchase of materials, and to exercise a general supervision over the work; to permit no money to be drawn excopt 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 entitled 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 adnusslon 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 cstimate without a voucher was a violation of a duty by the respondents, by which they wrongfully and willfully per- mitted Dorgan to draw money from the treasury. Not Entitled to Exemption, “Tt is said the respondents actea judicially in approving accounts, and therefore are not liable for their acts. e able attorneys for the respondents made no claim of this kind, and therefore it is evident they did not rely upon it. If, in approving decounts, they act judicially, in order to protect them there are three things which musg.concur. First, the claim must be one they are authorized to audit; second, iv must ' be presented 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, suchns a-matter not put in issue, and, third, the statute makes it their duty to investigate | every claim. The protection iaccorded to a judee against & . private actlon does not apply when he is on trial under & specific charge of impeachment. Even judge of this court ‘Goufl not plead pro- tection against such' chatge. In such case his conduct and general munner of conduct- ing his business may be inquired into, and If he is found guiity of @iseonduct, on any of the charges, he may be declared guilty. But no judicial oficer is protected when he ex- cceds his authority, and these respondents very clearl in all shey are charged witl acl elther without suthorit, of law or excess of lucg suthority. But in my view, thelr duties are noz‘éndlcl 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 duty of the board is to let contracts in a 8) manuer apd wh Al A en vouchers are examination are are to cerufy the same to the auditor. certificate is not & flual order from which an appeal would lie and is not a judicial act. They Are Not Protected. DAY, JUNE 6, 1893, his duty 1o Investigate, or who unlawfully draws money from the trensury is protected from the consequences of his act and so far as [ am aware no case so_holds. Proof was introduced on bohalf of the rospondents to show that Dorgan, Knapp_and others had fiven bouds to the state. It is ovident that none of these honds will cover the actual lo: to the state, and even if enforced would be an inadequato remedy. But tho giving of the bond by an officer does not exempt him from the porformance of his duty, nor relievo those who superintends his acts, from o faithful supervising of the same. Tho law imposes the duty of supervising with ‘a reasonable degree of care.' It seems to me the respondents wholly failed in the performance of their duties in the cases specified 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 debtof the state, tozether with the sums drawn by Hopkins and Howe to go to Pitts- burg and these respondents to go to St. Louis, in all §034. Had Plenty of Chances, “The overpayments for coal all in sixteen months exceed $12,000. An ordinary prudent man would bave required the vouchors to be in proper form giving the numbers and weights of the several ocars. There are telophones in all the public buildings, so that it would have taken but a moment to make the proper inquiries in re- gard to the conl and protect the interests of the state. But so far as the proof shows such inquiries were not made in a singlo in- stance. A public officer, like any other ser- vant, should be 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. Thats 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 cases the influence of the decision will be felt in every department of business in the state as tending to weaken the sense of faithfulness of public ofcers and employcs, and in every way prove detrimental to the best interests of society. There are an abundance of men 1n the sL:\{u who can ana if the opportunity I3 given by their selecvion to the offices filled by the respondents, will faithfully look nfter the in- terests of the state and as the respondents have failed in that regard, the charges are well taken and should be sustained. I 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 secmed to be powerful influence affecting some of thom, aside from the immediate friends of the respondents at work in their favor. The respondents, of course, are not responsible for these influences, but it is my duty to mention them.” RESEMBLES A DEATH WARR Some Who Believe the Verdict Wil Do Repudiated by the People. LaxcoLx. Neb., June 5.—[Special Telegram to T Beg.]—Hon. G. M. Lambertson, who was chief counsel for the state in the im- peachment trial, and incurred the deadly political enmity of the respoudents and their friends by his fearless 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, I 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 the case. In my opinion,”and Mr. Lambertson leaned back reflectively in his chair, “the verdict of the chief Jusiice, who has been on the bench for twenty years, will be accepted as the most satisfactory to the people. “If the supreme court had unjted 1n finding the respondents guilty the influence of such a verdict would have been most wholesome, and the outlook for the success of the repub- {k‘an party would have been brighter than t is. “In any event the trial has been and will prove of the greatest service to the state, It will bring about better businessmethods, will save the siate $40,000 a year and will sive our 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 affixed their names to the decision exonerat- ing the stato officials in the face of the ac- cumulation of evidence as to their negloct of sworn duty they signed the death warrant 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 Independents. ““The verdict,” sald Captain Barry *‘means the defeat of the republican party at the next election. It 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 anoverwhelming victory for the inde‘mudt'uls next fall. The peopls have read the evidence in tho case, and their verdict will be handed in then.” jovernor Crounse and Auditor Moore were in close conversation in the Hotel Lin- coln rotunda this evening at 9 o'clock, when approached by a reporter for Tur BEeEe. When asked for his views on the de- cision, the governor replied, 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 understand,” added Auditor Moore, *that co-ordinate officers prefer to be silent on the subject. It would hardly bo proper for them to express themselves. either for or against.” IT WAS NOT AN APPETIZER. Thelr Narrow Fscape Made the Principsls Postpono Thelr Banquet. LixcowLy, Neb., June 5.—[Special Telogram to Tne Bee.,]—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 preparations had been made, bui the dissenting opinion of Chiof Justice Maxwell hus taken away all desire to conzregate around the ban- quet board and drink wine, while the three respondents are putting on a bold front as they shake hands with tho 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. Fower to Amend L nent Proceed- lugs Cannot Be Delegated. LiNcoLN, Neb., June 5. —[Special Telogram to Tur Be.)—Tom Benton, ex-auditor; Cap- tain Hill, ex-treasurer, and ex-Attorney General Leese are free men tonight so far 88 any action of the supreme court is con- cerned. With the main opinion in the fm- peachment case there was another opinion which sent the ex-officials out of harm's way. ance it is as follows: @ constitution of this state confers the sole power of impeachment upon the senate and house of representatives in joint conven- tion, and the legislature cannot delegate thas power to others. Where the legislature has adopted articles of impeachment which have been filed m this court no amendment nhodrwlb in any matter of uubll.::&ed u;n ‘k;: made ers ) y hhh{u“lz nrowmn‘?lu lho"l’my‘awmont The authority to ud:r nd present other or amended articles of i) ment ov the jaiut housce on ApriL? charging them with misdomennor in offfoo whon thay wore private citizens and subjecting them to impeachment would not only be oxtromely oppressive and oxpensive but would endanger their lives and liberty by exposing thom against their wills to n prosecution for their conduct in exercising their political right and privilegos.” The opinion Is by Judge Norval and is con- curred in by his associates and tho charges are dismissed. Somo Private Opintons. “Not having read the decision of the majority of the court, nor the dissenting opinion of Judge Maxwell," ing of Plattsmouth to a Ber roporter at the Paxton last evening, I do not foel 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 myself dur- ing the last campaign. 1 think the decision hardly comes up to the expectations of the people; yot, it is a very serious thing to do- prive men of tho right to hold office because of negligence of others,” ‘W, is the outlook on the United States district attorney contost" “Thereare 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 Secretary Morton, whose wishes will decide of the administration. Both Mr. Mahoney and Judge Ogden are admirably fitted for the place. If I am not selecsed 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- tying to every member of the democracy. No one can now predict who will be the success- ful candidate. It 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 made threo trips to Omaha with prisoners in the past couple of weeks, covering 8,000 miles, and had been so busy yesterday that he had not heard of the impeachment verdict until in- formed of it by Tnr Brr 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 is going to help the democratic par body up my way was expocting guilty. The evidence certainly fooked strong for conviction. There was good deal of very damning testimony given in that case.” s g o NATIONAL LEAGUE GAMES. Sonators Jolt tho Conquering Pirates Protty tdly for One Game, ‘WasmNaroy, D. C., June 5.—Terry in to pitch for Pittsburg, but the Washing- tons hit him so hard that tright was sub- stituted, but he fared no better. Both wero wild and ineffective. Weather hot. Score: Washingt 201400 8-14 Pittsburg ... . 1110001-7 Mits: Washington, 15; Pittsburg, 11 Errors: Washington, 6; Plttshirg, § arned runs: Washington, 6; Pittsburg, 1. -Ratteries: Ston- uryea and McGulre; Terry, Gastrightand tarted Only Mike Alrendy Benched. NEew Yonk, June 5.—St. Touis was not in the game with the New Yorks. Rusic was invincible for six innings and then lot up. son, on the other hand, was wild and W hit him almost at will. Mike aid off without pay until he gets into condition to play ball. Attendance 2,000 Score New York. 20120820 *—10 St. Louls.. . 00000020 3-5 it St. Louls, 0. Errors: New 3 York, 5; St. Doylé; Gunson and Gl Benn Eaters Got It, BostoN, 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 umpire and continually fighung for points. Score: Boston............1 0 8128 20 Cleveland. 01022140 Hits: ; Cleveland, 11. Boston, 8; O d, 5. Tarned *—13 0-10 Errors: Jiggs Parrott Wins a Game. BrookLyN, N. Y., June 5.—Parrott, the third baseman of the Chicago team, was the man who did the most toward dofeating the Prooklyns at Istern park. ~Altogether the Shicagoans' fielding was very fine. Score: 01004000 0-5 Chicag: 11101021 0-7 Hits: Brooklyn, 10; Chicago, 10. Errors: Brookiyn, 2; Chicago, 2. Earncd runs: Brook- v, 3; Chiicago, 8. Batteries: Haddock and Kislow; Muuck, McGinnls and Schriver. This Corked the Dude. PRILADELPEIA, Pa., June 5.—Philadelphia won an interesting game in the tenth inning, after two werg out, on a succession of three- mg;{ers by Cross and Allen and Keefe's singlo. Weather clear and hot Score: Philadolphia.. 0 0 0 2 2 0 1 1 0 2—8 Cinefunatl.... 0 2 1 0 0 1 0 2 0 0-6 Philadelphin, 15; Clncinnatl, 18, ors: Philadelphia,'5; Clicinnatl, 2. Earned Philadolphin, ' 6; Cinc . 2. Bat- Keefe, Clements and Crossi Mullane and Murphy. Orioles Coming Fast Agaln. BALTMORE. Md., June 5.—The Louisvilles met with another defcat at the hands of the Bultimores because of the Oridles getting a batting streak on in the eighth inning. At- tendanco 2,800, Score: Enlllmnra. 00U0V20008380-5 oulsville, 02000100 0-38 Hits: Loulsville, 5. Baltimos arned ran timore, Mahon aund Brooklyn Robin- atton and Grim, Ktanding of the ‘Teams. P.C. wo “7|New York.... 16" 1 3.6 Washington. 15 Cloveland.. Jocky Club Reorganized. One of Omaha's ““long felt wants' 15 about to be satisfied. The Omaha Jockey club met and reorganized 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 much interest was man- ifest. Judging from tho 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; vico presi- dent ‘and treasurer, P. H. Kinney; secrctary, J. A. Tuthill, who has a record for managing successful meetings, notably the running meet at Wahoo, Neb., in 1870, and that at Lemars, In., in 1879, ey Tows Krule Prospects. MaLvery, Ia., June 5,—(Special to Tue Bee.]—An interview with W. K. Follett, the veteran horticulturist, elicits the informa- tion that the prospects for small fruits, as raspberries, blackberries, strawberries and grapes, ave better than for several years, The apple prospects have been good until within the past week, when a twig blight was noticed, which threatens to cut the crop short. Plums promise a fair crop. Cher- will be almost a total failure. . Plans for Miss Ripley's Funeral. KEARNEY, Neb, June b.—(Special Tele- gram to Tue Bee.|—The remains of Miss T0 BE SETTLED THIS WEEL Material for Omaha's Fodoral Building Ne| Yot Determined. SLIGHT CHANCE TO SECURE GRANI‘.‘ Sapervising Architeet O'Rourke Thinl If Possible to Seears an Increased Appropeiation, Wat This Method Wil Require Time, h b ¥ Wasniarox Bureav or Tin Ben, 513 FOURTRENTH STREET, } bi WASHINGTON, Sunervising Archite reach any conclusion today in the matter &d the public building at Omaha. Sena Manderson to have called upon the s vervising arohitect for a further conforend as to the advisability of readvertising 18 bids, The senator, however, did not ong} and stherofore nothing was accomplished Mr. O'Rourke said to Tuw Bre correspondery this aftornoon that the case was still abeyance, but it would, he thought, be sej} tled this wook. “Icansco but one solutiou of the qus tlon,” said the supervising architect, “ag that is to readvertise for bids the svecifl ation calling for some other material th granite. We cannot build of granig unless the bidders come withi® the appropriation. It is possible, howeve!|] to secure an additional appropriatio) sufticient to cover the cost of a granite buil ing, but this courso would nocessitate gro delay. Howevar, I hope to have the mati straightened out within the next few days'i Secretary Morton nt His Deak. Secretary Morton, who has been absed from the city for over a week, has wired nt Secretary Willetts that he will re; turn tomortow morning. The secretar shent o groater portion of tho week { | o ha Hnesler's Claims Recognlzed. q Hassler, of Forest City, S. D., was nted chief clerk of 'the Interio Mr. Hasslor isan “E: 1 as the appointment cl department during Cle ¢ term. He was a caudidato for s of the senato, but though b wenerally endorsed Mr. Hassle are the nomination in caucus’ ly he nade applieation for chie clerkship of the Inte r y ary Hoke ¢ na made out th asslor will probably assume the duti his oftice this weck. Nebraska Bank Examiner, Comptroller Eckels will appoint an add tional bank examiner for the state of Nt braska. Ho said the work was too much fq one man. ‘There is not much probabilit that Examiner fMth, now 1n charge, wii be removed. While a democrat, he hel oflice throughout the republican ' term be | cause of his record for eficiency. But on}] i been received for bam| from the state of Nebraskig ‘The name of th n out yot. 4 1sions, b as not been gi Westorn F The following pensions granted are 1 Tnerense —Orange Warner un. Reissue—John Hondersheldt Original—George . Moran, A Increase—William_ Johnston iginal widows, etc.—Mary Fisher, Mary| Hines, mother. Miscellaneous. Willlam Wagner was appointed postmastes at’ Amherst, Buffalo county, today, vice H. | W. Kapelsky, resigned. P.'S. H. What it Cost to Convict Dr. Briggs. WASHINGTO! ., June 5. Tt is generally | agreed among Presbyterians prominently | connceted 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, 4 amounted to a very large sum, but it is al- most impossible to make an estimate of the total amount with accuracy. Dr. Bart- . lott, who wa an of the local commute tee of arrangements for the general assem- bly, is, however, of the opinion that the estimate, maae by some of the commis. sioners, that the Briggs case from beginning to end cost the gencral assembly abon $50,000, I8 nearly correct. Jesse G Tow C A. 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- ties. Also, be- cures catarr cause the yel. low dock, being raised expressly for(d the Company, is always fresh andj of the very best kind. With equal diserimination and care, each of the other ingredients are selected and compounded. It is Iy THE Superior Medicine because it is always the same in ap. | pearance, flavor, and effect, and, be- | ing highly concentrated, only smal} doses are needed. It is, therefore, the most economical blood-purifier in existence. It Cures makes food nour- | SCROFULA ishing, work pleas- ant, sleep refresh- | ing, and life enjoyable. It searches | 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, AYER'S! Sarsaparilla Prepared by Dr.J. O. Ayer & Co., Lowell, Masg. Bold by all Druggita; Price $1; six bottlen, 88. Cures others, will cure you Mary Ripley, who died at Bostwick while on @ lecturing tour, were brought here for bur- ial today. Miss Ripley was president of the Kearney Niveteenth Century club and oceu- pled a prominent position in" educational and temperance circles. The funeral will be held w«r:ud.y afternoon, - Destructive Kire at Pender. Prxpes, Neb., June 5.—[Special Telegram to Tus Bee.) —B. T, Hull & Sons’ flour mill known as the Logan Valley Roller Mills burned tonight. The fire was discovered about 10 ¢'clock, but too late tosave @ny- thing but about fifty bushels of wheat. The loss Yu closely estimated at from 000 to $14000." The lasurauce is betwesn 000 and ——preee Tem office of Chas. Bhiverick & Co.l.'w-’mm 202203 First National bask building. Simple ailments neglected may grow deadly. A " handy remedy is Beecham’s X Pills Guinea & Box. in all cases where Liver and Stomach trouble is suspected. 2y sents & bon