USA > Nebraska > Lancaster County > Lincoln > History of the city of Lincoln, Nebraska : with brief historical sketches of the state and of Lancaster County > Part 30
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Their attorney, Hon. G. M. Lambertson, had in the meantime pre- pared the proper papers for an application to the Supreme Court of the United States for a writ of habeas corpus, and took the first train for the city of Washington and made his application in person to Jus- tice Miller. The writ was immediately issued as prayed, and after a week of imprisonment, the Lincoln city government was once more at liberty. The application for a writ of habeas corpus was most elaborately argued in the Supreme Court, and great interest was man- ifested in the case by the legal fraternity and public generally. Jan- mary 12,,1888, the decision of the Supreme Court was announced, and with but two exceptions, the judges united in declaring the im- prisonment unlawful, and ordering the release of the prisoners. The legal aspect of the case was as follows:
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INCARCERATION OF THE CITY COUNCIL.
It was contended by the petitioners that the Circuit Court of the United States, sitting as a court of equity, had no jurisdiction and au- thority to make the order under which they were held by the Marshal.
On this point the court said : "The office and jurisdiction of a court of equity, unless enlarged by express statute, are limited to the pro- tection of rights of property. It has no jurisdiction over the prosecu- tion, the punishment, or the pardon, of crimes or misdemeanors, or over the appointment and removal of public officers, or to sustain a bill in equity to restrain or relieve against proceedings for the pun- ishment of offenses, or for the removal of public officers, is to invade the domain of the courts of common law, or of the executive and ad- ministrative department of the Government."
The court then reviewed the petition of Mr. Parsons upon which the restraining order was granted. The matters of law stated in that bill as grounds for the intervention of the Circuit Court were that the amended ordinance was an ex-post-facto law, and that all the proceedings of the City Council and its committee, as well as both ordinances, were ยท illegal and void, and in conflict with and in violation of those articles of the Constitution of the United States which provide that no person shall be deprived of life, liberty, or property, without due process of law ; that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and dis- triet where the crime shall have been committed, and to have compul- sory process for obtaining witnessess in his favor, and that no State shall pass any ex-post-facto law, or deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws. The court held that the articles which provide that no person shall be deprived of life, liberty, or property, without due process of law, and to secure to the accused in criminal prosecutions trial by jury, and compulsory pro- cess for his witnesses, apply to the United States only, and not to laws or proceedings under the authority of a State, and that the provision which prohibits any State to pass ex-post-facto laws applies only to legislation concerning crime; that if the ordinances and proceedings of the Council were in the nature of civil as distinguished from crim- inal proceedings, the only possible ground for the interposition of the courts of the United States in any form was that Parsons, if removed from office, would be deprived by the State, of life, liberty, or prop-
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HISTORY OF THE CITY OF LINCOLN.
orty, without due process of law, or has been denied the equal protec- tion of the laws. For this a remedy could be found in the courts of the State, by proper proceedings, and the equity courts were powerless to interfere. But that whether the proceedings of the Council were to be regarded as in their nature criminal or civil, judicial or merely administrative, they related to a subject which the Circuit Court of the United States, sitting in equity, has no jurisdiction or power over, and can neither try and determine for itself, nor restrain by injune- tion, the tribunals and officers of the State and city from trying and determining ; that the court being without jurisdiction to entertain the bill for an injunction, all its proceedings in the exercise of the juris- diction which it assumed are null and void; that it had no power to make the restraining order; that the adjudication that the defendants were guilty of contempt in disregarding that order was equally void ; and that their detention by the Marshal under that adjudication was without authority of law, and they should be discharged.
The termination of this proceeding in the manner above indicated, completely vindicating the action of the Council, was greeted by the citizens of Lincoln with great rejoicing, and the released councilmen were the heroes of the hour.
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THE TARTARRAX PAGEANT.
CHAPTER XXIV.
THE TARTARRAX PAGEANT-THE ORIGINATOR OF THE IDEA-THE PARADE -THE PURPOSE TO MAKE THE TARTARRAX PARADE AN ANNUAL OC- CURRENCE.
Mr. Robert MeReynolds, manager of Funke's Opera House, is a man of large ideality, and possesses a high appreciation of the ro- mantic, poetic, and spectacular. He has seen the world, and has an eye to what will please the people. He is not afraid to do and dare, and take reasonable chances on wiming success. He was one of the pioneer adventurers into the Black Hills, and went there as early as February, 1876. During the closing months of that year he explored Mexico, visited Cuba, and meditated on the poetic deeds of Christo- pher Columbus while standing by his tomb in the cathedral of Santa Domingo, in Havana. During 1878 and 1879 he traveled over the battle-scarred Southern States, and wrote what he saw for the press. When the great gold excitement was taking thousands to Leadville, he assisted in leading the van. He is the author of several novels that have been published in book form, and his newspaper " fairy tale," which resurrected Brigham Young, the late president and priest of the Salt Lake "Saints," and found him hidden away near Lincoln, was one of the most successful canards published in recent years. He settled down to business in 1880, in this city, and it so happened that during recent months that he read the tale of mythological heroism displayed by the Spanish general, Coronado, who traveled from Mex- ico to Nebraska to see whether King Tartarrax really did live in golden splendor in the Land of the Quivera, as related in another chapter of this book.
When it was proposed during April and May to celebrate the Fourth of July this year, the city seemed to think it ought to be done. Lincoln had not attempted a worthy observance of the day for a number of years. Various plans were proposed, to the end that something unique and entertaining might be produced. Mr. McReynolds suggested to several of his friends of the city press that
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HISTORY OF THE CITY OF LINCOLN.
the story of King Tartarrax might be adopted, in some way, to pro- duce at least a fine spectacular parade and effect. He could see, in his mind, how great a pageant the Court of Tartarrax and the ar- mored cavaliers of Coronado would make. There would be the glit- ter, the pomp, the richly-colored uniforms, the panoplied knights, the arms and banners of the time; and all this was Nebraska's own tra- dition, peculiar to herself. It was practically fitting, and, it seemed to him, a "drawing card."
ROBT. MCREYNOLDS. ORIGINATOR OF THE TARTARRAX PAGEANT.
He explained his scheme to R. L. Rowe, among others, then with the State Journal, who, in writing about it afterward, found it nec- essary to reconcile the fact that, while many had fallen in with the Tartarrax plan of celebration, the labor organizations of the city had decided to have a symbolic display of the industries and business of the city. He proposed that the Tartarrax representation and the trades display be united on the plan of exhibiting Nebraska in the semi-barbaric days of the weird Spanish invasion, under the rule of
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THE TARTARRAX PAGEANT.
kings, and Nebraska in 1889, under the prosperity and laws of the Republic.
This scheme of unification was adopted and substantially carried out. To encourage the people to make the pageant as great a success as possible, he also urged, in the paper, that the Tartarrax and Trades Display be used as the foundation for an annual carnival, similar to that of the Veiled Prophet, in St. Louis, and Mardi Gras, in New Orleans, that the nation might become more familiar with Nebraska and Lincoln, through the interesting combination of the poetie past and the patriotic and realistic present. This possibility was also kept in view in the preparation of the Tartarrax and Industrial Pageant, and it is not improbable that Tartarrax will come to be a great National attraction during the next five or six years, more interesting than the Veiled Prophet or Mardi Gras, because more appropriate to the institutions of our country, and more heroic and poetic.
On the 17th of May Mr. MeReynolds appeared before the city Board of Trade, which convened in the county court room, on the third floor of the building on the corner of Eleventh and M streets. He proposed to the board that it give official sauction and encourage- ment to a grand Fourth of July celebration movement, indicating briefly the nature of the proposed exposition. The board hesitated a little, as it was making a vigorous effort to raise $10,000 by subscrip- tion to advertise the city, and feared that a second call for money might imperil the success of the main subscription. But Messrs. Thomas Lowrey, M. Ackerman, and others, pressed the matter and said the board would be asked for no money. The use of its name was all that was solicited. The matter was finally disposed of by the ap- pointment of a committee of five to report to the board, at an early meeting, on the feasibility of attempting a celebration of the kind projected. This committee was composed of Messrs. M. Ackerman, J. J. Butler, C. J. Ernst, A. D. Kitchen, and Robert McReynolds.
A week later, May 24th, this committee reported to the board at the same place, and unanimously agreed "that a grand celebration of the Fourth of July be heartily recommended by the Lincoln Board of Trade." This report was adopted by the board, and a committee of ten was named to represent the board in the preparation of the dis- play, said committee being strictly instructed to ineur no financial liability in the name of the board. The committee selected was as
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HISTORY OF THE CITY OF LINCOLN.
follows: Robert MeReynolds, Chairman; M. Ackerman, C. J. Ernst, Frank Perkins, Phelps Paine, C. C. Munson, H. Woltemade, J. J. Butler. T. F. Lasch, J. C. Seacrest.
Later in the evening, a committee representing the Central Trades Union of the city, appeared before the board, and announced, through its chairman, Mr. George A. Fox, that the workingmen had decided upon a celebration in the city, and asked the board's cooperation. Mr. E. E. Brown moved that the board committee be instructed to cooperate with all other committees in arranging for a Fourth of July celebration. This was unanimously agreed to. On the evening of June 3d, these committees met on the stage of Funke's Opera House, organized by electing Robert McReynolds chairman of the joint committee, appointed subcommittees to take charge of the various features of the celebration, such as finance, decorations, the press, ad- vertising, and so on.
Then the work went on with energy. Such a pageant was an ex- periment in Lincoln, and it was hard work to devise plans new to all, get the people interested, and come up to the requirements of the advertisements that had to be put out at once. But here the peculiar ability of Robert MeReynolds was best displayed. He planned, en- couraged, and pushed the scheme with constant energy. He sent out printed matter in the form of edicts and commissions from King Tar- tarrax, to his faithful subjects, and commissions from Coronado to his faithful cavaliers, commanding them to appear and aid in the pageant. These productions were in illuminated colors, with oriental and caba- listie embellishments, and were wonderfully unique. After much zealous labor, in which Robert McReynolds was the inspiring pres- ence, and M. Ackerman, T. F. Lasch, G. A. Fox, and J. H. Kramer, distinguished themselves for tireless, energetic assistance, the great anniversary day came, bright and salubrious. Early in the day every window, and many house tops, from O and Twenty-seventh streets to Eighth, and for several blocks in all directions from O and Tenth, on the line of the procession, were filled with eager faces. Every foot of sidewalk on the route was occupied, and the side streets were filled with vehicles loaded with persons, full of patriotic interest.
It had been arranged that when the parade was ready to begin, a couple of messengers should ride swiftly and deliver to Lieutenant C. P. Walter, commander of the State University artillery, on the uni-
VIEW OF THE TARTARRAX PARADE.
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HISTORY OF THE CITY OF LINCOLN.
versity campus, orders to fire the national salute, which was to be the signal to the great procession to start, and to the people that it was in motion. Harry Bartruff and William McClay, two bold young men, were cach mounted on a " runaway " horse, and stood just at the head of the parade, at Twenty-fourth and O streets. The street was clear of street-ears, vehicles, and people, the entire length. The army of spectators were earnestly expectant. The king, Mr. Richard O'Neill, in fine costume of gold, silk, velvet, brass armor, and crown, gave the signal that all was ready. Marshal W. W. Carder, and the city police, all mounted, dressed into position, ready for the boom of the cannon and comniand, "Forward." The head of the column was at once on the alert.
Then the two heralds were given the word to "go." Their racers fairly sprang into the air, and were off like the wind. It had been the intention of the riders to make the start on the dead run, then move more slowly from Nineteenth to Fifteenth streets, and then make an- other swift dash the remainder of the distance. But one horse took the bit in his teeth and made a dead race of it all the way to the post- office; in fact made a race of it without regard to his rider. The other horse, of course, kept up as best he could. This spectacle elec- trified the great concourse of people, and many declared it one of the most picturesque and inspiring sights of the day. The heralds started at 11:563 o'clock A. M., and the first boom of the cannon resounded over the city just as the clock in Temple hall began to strike for noon. Then the great procession began to slowly move westward on O street ; and it was a pageant which probably never was approached in beauty, magnitude, and complexity of display, west of the Missouri river, certainly not in Nebraska or outside of San Francisco, if even there. The column filled the street, in many parts, to its full width, for a continuons distance of over thirty blocks, or two and one-half miles. The horsemen and footmen were in the varicolored costumes of me- dieval Spain, or of modern Turks, and other nations, and all were decked in more or less gold and silver ornaments. Many wore some sort of brilliant armor, crested helmets, and other striking imitations of antique costumes and heraldry. Bright spears and battle axes, gorgeous banners, plumes, and glittering shields, were numerous. The head of the procession represented the Tartarrax scheme. The main portion of the display was for the arts, trades, resources, and principles of the modern republic.
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THE TARTARRAX PAGEANT.
After the police, mounted, in uniform, and wearing light colored helmet caps, came Gordon's drum corps, fantastically costumed, led by Marshals L. S. Gillick and A. T. Cameron. Then followed the king's herald, splendidly mounted, and dressed like a Turkish pasha. The king's buglers, sounding the king's coming, were in Spanish dress. Then followed King Tartarrax, Mr. Richard O'Neill, mounted on a white horse, costumed in red velvet, with rich trimmings. He wore a long gray beard and gray hair, a crown of gold studded with brilliant jewels. Following him were fifty mounted cavaliers in knightly cos- tumes. The king and his guard were Knights of Pythias. Next came the University Cadet Band, musicians to the queen of Tartarrax. The queen, Miss Nellie Graves, robed in purple and scarlet satin, followed, riding in a gorgeously decked chariot, surrounded by her court, all clad in rich and appropriate costumes. Following were two other large display chariots, filled with members of the queen's court. These were mainly Odd Fellows and Daughters of Rebekah. Mr. A. H. Weir was the queen's minister. Curtice & Thiers's Military Band were musicians to General Coronado. Mr. T. Lowrey followed the queen, costumed like a Spanish officer of three hundred and fifty years ago. Mr. E. W. Hunt, chief of the staff, rode at the general's left, and his richly armed and warlike staff came next in brilliant array. Then came the Omaha Wheel Club, other wheelmen, and the Lincoln Wheelmen, the latter rigged out in show attire of red, white, and blue, and their wheels bright with flags and bunting. A phalanx of colored spearmen, in striking dress of knightly cut, marched ahead of the open barouches conveying Mayor Graham, Ex-Mayor Sawyer, Hon. G. M. Lambertson, and R. H. Oakley, president of the Board of Trade, and other citizens.
Then came the industrial and merchants' parade, making a highly creditable display. After the line of march had been completed, the exercises at the capitol grounds came next in order, where Tartarrax welcomed his visitors, Coronado, and ambassadors from the courts of Mexico and other Southern States, and was presented with the keys of the city by his honor the Mayor.
The Tartarrax parade proved to be a wonderful success, and if in future years the idea is reproduced and made more elaborate in its production, the pageant of 1889 will be looked back to as the start- ing point of one distinguishing feature about Lincoln which will make her name a household word throughout the country.
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HISTORY OF THE CITY OF LINCOLN.
CHAPTER XXV.
LANCASTER PIONEERS-THE FORMATION OF THE OLD SETTLERS' ASSOCIATION -THE MEMBERSHIP OF THE ASSOCIATION ON AUGUST 1, 1889.
The great men and women of this nation have generally been pio- neers, or the descendants of pioneers. Abraham Lincoln, General U. S. Grant, Andrew Jackson, James A. Garfield, and Benjamin Harrison, are examples of pioneer manhood. It takes a man or woman who has the constancy and courage of heroes to go to a wild and unsubdued region and battle with nature, Indians, poverty, years of hard labor, and deny themselves the luxuries of organized society, for the purpose of earning a home and competence for their declining years. The pioneers are among the heroes of progress and civiliza- tion, to whom society will ever be indebted.
Their hardships develop a spirit of fraternity among them, and when the conflicts of the wilderness are over, they take delight in forming associations to commemorate the deeds done in conquering the wilderness and creating a new State. They recount the history of the past, smile at early hardships, recall situations of terror and distress with grim humor, and sing "Auld Lang Syne" with a zest and brotherly warmth that is the very spirit of eloquence.
The time is now ripe for an Old Settlers' Association in Lincoln and Lancaster county, and such an association is now in existence, probably for a long life, to gratify the pioneers, and to record their history while engaged in the work of erecting this splendid common- wealth on the site of the coyote's den, and making way for the flying palace car in place of the Indian trail of 1860.
An attempt was made to organize a permanent association in 1882, but the time did not seem ripe, and it was a failure. Twenty-five old settlers then met, on July 4th, and drafted a constitution and signed it, and elected officers.
The signers at that convention were the following well-known gen- tlemen :
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OLD SETTLERS' ASSOCIATION.
Levi Snell.
T. M. Ganter.
J. M. Young. John McManigal.
D. Banghart.
C. H. Gere.
Louis Helmer.
J. O. Young.
S. B. Galey. J. W. Prey.
R. R. Tingley.
H. G. Jessup.
E. T. Hudson.
W. W. Carder.
Sam McClay.
L. H. Robbins.
J. L. Porter.
O. N. Humphrey.
Wm. Mills.
Austin Humphrey.
A. G. Hastings.
The officers elected were as follows: President, J. W. Prey; Vice President, E. T. Hudson ; Secretary, Austin Humphrey ; Treasurer, N. C. Brock. The meeting of July 4th adjourned to meet July 15th, but only four persons were present at that time, and an adjournment was taken to September; but the organization never had another meeting.
But the attempt to organize an association the present year has been very successful, owing very largely to the untiring and enthusi- astic efforts of Mr. M. G. Bohanan, who has kept it constantly be- fore the minds of the pioneers, and by personal solicitation has secured nearly four hundred names for membership in the association. The meeting for organization took place at the council chamber, at the northwest corner of Q and Tenth streets, on April 23, 1889. Mr. A. J. Sawyer was called to the chair, and Mr. J. P. Hebard was chosen Secretary. A committee was appointed to draft a constitution for the association, the same to be reported at a future meeting. This committee consisted of Messrs. A. W. Field, Levi Snell, S. C. Elli- ott, N. S. Harwood, M. Tower, and A. J. Sawyer. A committee for each township in the county was selected, whose duty it would be to augment the membership, and generally promote the interests of the association. It was agreed that eligibility to membership should be based on a residence in the county dating as early as 1875.
The next meeting was held at Bohanan's hall, on the southwest cor- ner of Tenth and N streets, on May 11, 1889. Captain L. W. Bil- lingsley was called to the chair and Mr. J. P. Hebard was continued as secretary. Nearly one hundred of the pioneers were present, and a complete organization was effected.
M. G. Bohanan. F. H. Bobanan. Stewart McConiga. T. P. Kennard.
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HISTORY OF THE CITY OF LINCOLN.
Mr. A. J. Sawyer, for the committee appointed to draft a constitu- tion for the association, reported a set of by-laws and rules for the government of the organization, which were adopted. The basis of membership was matle a fifteen years' residence in the county, so that the continuance of the association may be perpetual. It was also ar- ranged that a general rally at Cushman park should take place on June 19, 1889. Various committees were named to prepare the pro- gramme for that occasion.
Most of the old settlers present signed the constitution. The com- mittee appointed to nominate permanent officers for the association recommended the following persons for the positions specified :
PRESIDENT-Mr. L. W. Billingsley.
VICE PRESIDENTS - Oak Precinct, J. S. Hermance; Denton Precinct, E. T. Hod- son; Little Salt Precinct, Mat. Maule; Yankee Hill Precinct, Ans. Williams; West Oak Precinct, L. B. McFarland; Centerville Precinct, D. E. Prey; Highland Pre- cinet. Nicholas Ball; Elk Precinct, J. W. Smith ; Buda Precinct, H. C. Reller: Grant Precinct. J. S. Umangst ; South Pass Precinct, Phil Burling; Lancaster Pre- cinct, Phil Hacker ; Waverly Precinct, J. P. Loder ; Stevens Creek Precinct, J. H. Wilcox ; Olive Branch Precinct, Henry Holman; North Bluff Precinct, Jolin Dee; Middle Creek Precinct, J. W. Castor; Panama Precinct, O. N. Hazleton ; Nemaha Precinct, Wm. Roggencamp; Mill Precinct, John Dale; Stockton Precinct, Charles Retzliff; Saltillo Precinct, W. E. Keys ; Garfield Precinct, Ed. Garfield ; Lincoln, First Ward, Patrick Hayden ; Second Ward, F. H. Bohanan ; Third Ward, Amasa Cobb; Fourth Ward, C. M. Parker: Fifth Ward, H. T. Davis; Sixth Ward. W. W. Carder.
SECRETARY- Mr. J. P. Hebard.
TREASURER - Mr. J. W. Prey.
EXECUTIVE COMMITTEE - Messrs. Levi Snell, M. G. Bobanan, and J. V. Wolf.
The meeting adjourned to meet on June the Sth to complete the ar- rangements preliminary to the rally at the park on June 19th.
The pienie was a great success, the day was beautiful, and the old settlers assembled by hundreds from all parts of the county. The number of pioneers present were estimated at 600, and with their children and friends, perhaps had an aggregate attendance of fifteen hundred people.
The exercises began at 11 o'clock with prayer by Rev. H. T. Davis. Then the principal address of the day was delivered by Mr. C. H. Gere. This was made up of historical reminiscences of the principal events in the founding of the city, and settling the county, between the years 1867 to 1871 inclusive. After singing "Auld Lang Syne" Mr. J. V. Wolf, the association poct, read a set of rhymed collections.
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