USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114
On election day, November 4th, the weather proved exceptionally pleasant. An earnest effort had been made in Omaha to secure a full registration of voters, and to this end large placards, ornamented with the admo- nition: " Register to-day!" were hung on street cars, displayed at the doors of busi- ness houses, attached to coal and lumber wagons, etc., etc., while the daily papers used every means possible to impress upon the local voter the necessity of not only reg- istering, but of also being on hand at an early hour of the morning to cast his vote, in order to " avoid the rush" which was an- ticipated for the closing hours of the day. It was feared that there would be trouble at the polls, each party charging the other with premeditated outrage and violence. To guard against any thing of that kind, forty special policemen and forty-five sheriff's deputies were sworn in for special service at the polls and for a reserve at police headquar- ters, subject to call from any part of the city. In addition, six officers and sixty- eight patrolmen were detailed for duty at the voting places, and a force was added to the specials held as a reserve. No doubt these precautions aided in preserving order, though it is reasonable to suppose that an- ticipations of riot and bloodshed were largely due to the exaggerated statements of both parties. Certain it is, that Omaha was
183
NOTICE OF CONTEST OF THE ELECTION.
overwhelmingly opposed to the amendment, and the fact that at a few polling places those who attempted to distribute Republi- can, Democratic and Alliance tickets, but favoring the amendment, were so roughly treated that they were compelled to desist, has, since the election, been fully established. The contest for all of the State offices, which the leaders of the Farmers' Alliance party made, was based almost entirely upon this fact, as is shown by the following points in their notice of contest:
" That illegal combinations were organ- ized in the city of Omaha and in the State, known as 'The Bankers' and Business Men's Association,' and 'The Personal Rights League,' whose object and purpose was to defeat and deprive voters of Omaha and the State of the right to vote freely and fully, to defeat the will of the voters, corrupting voters, and creating wholesale sentiment against a free and fair election, the boycotting and ostracizing of those who were opposed in sentiment to these societies, and the discharge of em- ployes and threats of boycotting and dis- charge of all who opposed them.
" That these societies brought into the State large sums of money for the purpose of defeating a free and fair election. That these parties caused about 2,800 aliens to be naturalized, and paid fees for such nat- uralization in a manner that would consti- tute a bribe.
" That the city council of Omaha were members of this conspiracy, and, for the pur- pose of preventing a legal registration, ap- pointed prejudiced and partisan persons on the boards of registration, and denied rep- resentation to other parties.
" That the county commissioners became parties to the conspiracy by appointing par- tisan judges and clerks of election.
" That the postmaster, and the common carriers of Omaha, were in the conspiracy and refused to deliver matter which did not
agree with the views of the conspirators, and that the press co-operated by inciting a dan- gerous and criminal state of excitement.
" That in certain specified voting pre- cincts in the City of Omaha the ballot boxes were not kept in view, as required by law, while the votes were being cast and counted.
"That in over thirty polling precincts, tickets bearing the name of contestant were taken from the hands of persons who were distributing them and torn up, and these men by threats and intimidation driven from the polls.
" That, by a corrupt and illegal agreement between Republicans and Democrats in the City of Omaha, it was arranged that neither Democratic nor Republican tickets should be challenged, if printed in accordance with the views of the conspirators, and that chal- lengers from any other parties should be prevented from exercising their rights.
"That the Omaha conspiracy exists yet, and that threats have been made to prevent persons from divulging the fraudulent methods by which the election was carried.
" That in the fourth precinct of the third ward in Omaha, 150 votes cast for Powers were not counted."
The taking of testimony in the case was commenced at Lincoln, December 4, 1890. Among the witnesses who testified as to scenes of personal violence, in most of which they were the victims, were Samuel Macleod, G. W. Clark, J. Phipps Roe, L. L. Abbott, M. Osterholm, M. J. Smith, Walter B. Prugh, Rev. John H. Henderson, Charles Ellson, J. M. Taylor, Rev. Q. A. Shinn, F. A. Philleo, Silas W. Wilson, Rev. E. E. Erling, Anthony Johnson, W. H. Sherwood, Rev. P. S. Merrill, A. Thomas, W. E. Greene. These witnesses testified that they were not interfered with in casting their votes, the disturbances resulting entirely from efforts made to distribute tickets reading, " For the prohibitory amendment," which tickets otherwise followed the form of the Repub-
184
HISTORY OF THE CITY OF OMAHA.
lican, Democratic and Alliance tickets-the voter exercising his own choice . in that regard.
The last two weeks of December were devoted to taking testimony in Omaha, but here the evidence of those opposing as well as those favoring the amendment was given. Among the former were Bishop Worthing- ton, Rev. John Williams, Rev. W. J. Harsha, Rev. C. H. Gardner, Rev. J. T. Duryea, Judges Wakeley, Doane, Clarkson and Dundy, Mayor Cushing, ex-Mayor Broatch, Police Commissioners Hartman, Bennett, Gilbert and Smith, Chief of Police Seavey, Editors Rosewater and Hitchcock, Dr. George L. Miller, Postmaster Clarkson, Sheriff Boyd, and many others, all of whom testified that the election was one of unusual quietness and good order, and that the vio- lent telegrams sent out during the day to the effect that the city was in the hands of a mob and that the chief of police had declared his inability to maintain order were unwarranted by the facts. Some testimony of a character similar to that secured at Lincoln was also given by a few witnesses. A full State ticket had been nominated by the Prohibition party, but it received but little attention in Omaha, the main object here being to carry the amendment regard- less of the party nominees.
As an offset to the claims of rioting made by the friends of the amendment, the follow- ing report, made by Police Chief Seavey to the board of fire and police commis- sioners, is of interest:
" I have the honor to report that during election day, the 4th inst., there were ninety- two police officers and forty-one special policemen on duty at the polls and elsewhere about the city. The policemen on day duty worked thirteen hours, those on night duty sixteen hours, and the special policemen were on duty twelve hours. I read the law gov- erning elections to all the men and instructed them accordingly, and, notwithstanding the several complaints that the police exceeded
their authority in some instances, and that certain persons did not receive police pro- tection, I have reason to believe that the police department performed its duty thoroughly and well. Several quarrels occurred at the different polling places, which were immediately stopped by the police, thereby preventing any serious disturbance. There were thirty-one arrests made during the twenty-four hours ending at 7 a. m., November 5th, thirteen of which were for drunkenness and disorderly conduct. Two saloon keepers were found doing business on election day, namely, Jolın Didam, at Shee- ly's, and F. Hunzicker, 414 South Thirteenth Street, both of whom will be prosecuted. The important and memorable election of November 4, 1890, was one of the most quiet general elections held in Omaha during my term of office. I attribute the good order of that day to the fact of the saloons being closed, the orderly conduct of our citizens and the vigilance of the officers."
During the campaign, the Central West, a prominent Presbyterian weekly of this city, strongly supported the amendment; hence, the following article, published as an edito- rial, after considerable testimony had been taken in Omaha, may be considered a fair summing up of the situation:
" In its issue immediately after the late election, the New York Voice published a dispatch from Omalla, the gist of which is contained in the following extract:
"'The whole city is given entirely over to the whisky mob. There is riot and blood- shed in nearly every ward. Men, ladies of the Woman's Christian Temperance Union, are being insulted, mobbed, and driven from the polls by the drunken rabble. Ministers of the gospel are slugged, beaten, and dragged from the polls and compelled to flee for their lives.'
" This dispatch shows upon its face that it was sent while the election was in progress. It was evidently not based upon a calm and complete review of the situation, and is
.
185
A SUMMING UP OF THE SITUATION.
open to the suspicion of being part of a preconceived plan to throw discredit upon the election in this city. It has laid the foundation of the assaults upon Omaha which have appeared in religious and other journals.
" This paper has taken occasion to say that such representations were not warranted by the facts. The investigation which has been conducted in this city and at Lincoln has sustained this opinion. A large amount of testimony has been taken. A consider- able part of it, however, is worthless as evidence, unless the recognized laws of evi- dence are to be ignored. A number of the witnesses testified as to their opinions, and what they thought, and what they feared. The witnesses who were so free in expressing their opinions, on cross-examination, testified to a state of facts which materially dis- counted the value of their opinions. For instance, on their examination in chief, seve- ral witnesses declared that the election was not a fair one, while on cross-examination the same witnesses testified that no one was prevented from voting as he saw proper.
" The testimony shows that, while there were individual instances of bad treatment, there was no such state of affairs as the Voice correspondent represented. The city was not given over to the whisky mob. There was no mob, neither was there any riot. There is not a particle of evidence that there was bloodshed in any ward. There is no evidence that ' ministers were slugged, beaten and dragged from the polls,' or that anyone had reason to flee for his life. More- over, there is not a syllable of evidence to the effect that any minister was ridden on a rail. That some men, and even ladies, were insulted, we do not undertake to question. 'These are the acts of a low class of men to be found in all cities. Their conduct admits of no apology, and deserves the severest reprobation.
" The matter of interference with ticket peddlers figures quite largely in this testi-
mony. It is a noticeable fact that every man who claims to have experienced any ill- usage was peddling tickets of all parties. Upon its face this seems to have been a dis- interested course to pursue, but in reality it was not. For example, among other tickets peddled by them was one which was headed 'Democratic Ticket.' Below the names on the ticket were the words, ' For the Prohibi- tion Amendment,' etc. Now the State Convention of that party had squarely pronounced against the prohibitory amend- ment. The authorized ticket of that party was made up in accordance with this declar- ation. Under the laws of Nebraska the ticket so presented was the only regnlar ticket. Of course it was the privilege of any Democrat who wished to vote for the amendment to substitute in writing the word 'for' for the word 'against.' But neither he nor any set of men could print a ticket which in a material point differed from the ticket prepared by the authorized committee of that party. The laws of Nebraska recog- nize a 'regular ticket,' and they make it a misdemeanor to offer a ticket which contains a printed alteration of any name which appears upon the regular ticket. In view of the fact that the statute uses the phrase 'regular ticket,' the interpretation would doubtless hold that no departure in a sub- stantial particular from the regular ticket would be admissible. At all events this opinion was generally held, and hence all other tickets were regarded as bogus. The fact that such tickets were circulated largely contributed to irritate the situation. It was, so far as results were concerned, an attempt to mislead voters. The caption, which pre- snmably defined the character of the ticket, led some voters to suppose that the whole ticket was what it purported to be, when in fact it was not. There was no propriety or wisdom in resorting to such tactics. It was the trick of a ward politician. More than fifteen hundred votes were cast in favor of the amendment, and the testimony fails to
186
HISTORY OF THE CITY OF OMAHA.
show that anyone experienced ill-usage in casting his vote.
" Men of the highest standing, like Judges Wakeley and Clarkson, Rev. Drs. Duryea and Harsha, Bishop Worthington and Rev. John Williams, testified to the orderly and peaceable character of the election in Omaha. Their testimony was direct and positive, being based upon their own observations and also upon their knowledge of previous elections, and should carry conviction to every fair-minded person.
"It seems strange to us that there are Christian people, and even ministers, who have shown a disposition to resent any attempt to deny or disprove these charges. The Central West gave the amendment an honest and consistent support while it was pending, but it by no means follows that it is the duty of this paper to countenance or endorse all the tactics of those who claim to be prohibitionists. We aim at all times to speak the things that we believe to be true. The commandment, 'Thou shalt not bear false witness against thy neighbor,' covers the community as well as individuals. Those who bear the name of Christ should, of all others, evince a spirit free from cen- soriousness, and a positive reluctance to believe evil of an individual or community until it has been fully and irrefutably estab- lished."
The result of the election was a surprise to both parties, the amendment receiving but 82,390 votes as against 112,043. As a majority of all the votes cast was necessary for the adoption of the amendment, it was defeated by a majority of 50,277, though the majority of votes cast in opposition was only 29,653. Douglas County polled 1,555 votes for the amendment and 23,918 against it. The amendment to make the licensing of saloons a constitutional measure was also defeated, the vote being 75,515 for and 91,035 against, Douglas County casting 22,786 for the proposition and 1,940 against
it. The prohibition vote in Omaha was materially affected by the practical effect of the law in Iowa, as witnessed in Council Bluffs, where, for nine years the efforts made to carry out the law had proven futile, the result being that that city had last year and still has a much larger ratio of saloons to population than Omaha, run in utter and open violation of law by men of no finan- cial responsibility. Contrasted with this the Nebraska high license law has secured a comparatively strict regulation of the saloon business and greatly reduced its evils.
A quarter of a century ago the Good Templars' organization was very popular in Omaha. A number of lodges were organ- ized, and the membership included a large proportion of the young people of the city, but the interest gradually decreased, and, for a dozen years past, the order has not been active in Omaha. Life Boat Lodge, No. 150, meets every Thursday evening at Marathon Hall, Cuming and Twenty-Fifth Avenue, Roger Dickens, C. T .; Guy S. Andrus, P. C. T .; Miss Jessie Smith, V. T .; T. B. Barnes, L. D .; Mrs. S. L. Forby, S. J. T .; Miss Theresa Schock, R. S .; Miss Nellie Askwith, L. S .; T. L. Combs, A. S .; G. M. Frazer, Treasurer; Q. R. Shinn, C .; Ed- ward Shinn, M .; Miss Viola M. Barnes, D. M .; Miss Rosa Dewey, G .; Lee Forby, S.
The first organization of the Woman's Christian Temperance Union in this city was effected in June, 1879, mainly through the efforts of Mrs. W. B. Slaughter, at a meeting held in the Methodist Church, on Davenport Street. At this meeting Mrs. Slaughter was elected president, Mrs. M. E. Gratton, secretary, Mrs. D. C. Sutphen, treasurer, and Mrs. W. L. Beans, corres- ponding secretary. The movement proved a popular one, and in a few months a great many of the ladies of the leading churches of the city were enrolled as members. The passage of the high license liquor law in 1881 gave the Union an opportunity for
187
SOME OF THE TEMPERANCE WORKERS.
active work, and it bore an important part in the task of carrying the law into effect, in spite of the strong opposition of the liq- uor interests. In April, 1884, a restaurant was established on Fifteenth Street, near Capitol Avenue, where excellent meals were served at low prices, the main object being to compete to some extent with the free lunch business of the saloons. It was at this time that Mrs. G. W. Clark became identified with the work here, coming to Omaha from Cleveland, Ohio, armed with the experience of the famous " Woman's Crusade " of that section of the country, and from that day to this she has continued her efforts in the ref- ormation of Omaha's unfortunates, with such rare judgment, zeal and earnestness, that she is now known throughout the length and breadth of the State. In the fall of 1884, the Union leased the notorious Buckingham Theater, on Twelfth Street, near Dodge, where a home for the needy was established, with a restaurant of the same character as that on Fifteenth Street, read- ing and sleeping rooms; and in the main apartment, where for years a variety enter- tainment of the most vicious character had
been conducted, religious services were held nightly.
For two years this work was carried on, with the most gratifying results, the full extent of which will not be known until the great last day. The sale of the prop- erty compelled the ladies to vacate the building, and that class of work has not since been engaged in. In the meantime, other unions have been formed in various portions of the city. The present officers of the original Union, now known as the Buck- ingham, are: Mrs. Watson B. Smith, presi- dent; Mrs. M. J. Richardson, secretary; Mrs. G. W. Clark, corresponding secretary. Of the Watson B. Smith Union, of Walnut Hill, Mrs. Fannie Webster is president; Mrs. M. E. Gratton, secretary; Mrs. Mars- ton, treasurer; Mrs. Silas Wilson, corres- ponding secretary. Holmes Union: Mrs. E. A. Misner, president; Mrs. Graham Park, secretary; Mrs. C. W. McNair, treasurer. Leavitt Union: Mrs. M. Rhoads, president; Mrs. F. J. Brown, secretary; Mrs. E. L. Trace, treasurer. Jennie Smith Union: Mrs. E. Jackson, president; Mrs. Mary Roe, secretary; Mrs. C. Dawson, treasurer.
CHAPTER XX.
GOVERNOR BOYD'S ELECTION - THE CONTEST BEFORE THE LEGISLATURE - GOVERNOR THAYER'S CLAIM - THE CASE IN THE COURTS -GOVERNOR BOYD DECLARED A CITIZEN BY THE UNITED STATES SUPREME COURT - TAKES HIS SEAT.
One of the most exciting elections ever held in the State of Nebraska was the State election of 1890. There were three princi- pal tickets in the field: the Republican, headed by Hon. L. D. Richards, of Fremont, as candidate for Governor; the Democratic, led by Hon. James E. Boyd, of Omaha; and the Farmers' Alliance, with Hon. John H. Powers at its head; and, as the result showed, the voters were very equally divided among the three parties. As noted in the preced- ing chapter, the question of prohibition en- tered largely into the campaign, as what was known as a prohibitory amendment to the constitution was to be voted on at the same election.
Each of the parties made a very vigorous canvass, and the result showed that James E. Boyd was elected Governor, receiving 71,331 votes, against 70,187 cast for John H. Powers, the Independent and Alliance candidate, and 68,878 cast for L. D. Rich- ards, the Republican candidate. Notwith- standing the fact that Mr. Boyd was clearly elected by the returns, he did not reach the position without a contest, and was after- ward ousted from the executive chair and deprived of his office for nearly one-half its term. The World Herald of February 2, 1892, contained the following history of the contest:
A HISTORY OF THE CASE.
Friday, November 21st, Mr. Boyd was served with a notice of contest, served at the instance of Jolin H. Powers, who, in his affidavit, significantly stated as his first ground of contest, to-wit:
"I was, on and prior to the 4th day of November, 1890, and am now, a qualified elector of the State of Nebraska, and was a candidate for, and eligible to, the office of Governor of this State."
Knowing ones, who, aware of a discovery made by Mr. Boyd while on a visit to his father, then residing at Zanesville, Ohio, could read between the lines that his politi- cal opponents had found a flaw in his title to citizenship, which affected his eligibility to the office of Governor. The secret was not, however, made public until later. Meanwhile the attorneys for Powers and Boyd began to hear testimony in the con- test, before notaries, in the manner pre- scribed by the election laws of the State, and a great mass of testimony, covering a wide range of topics, was submitted, most of which was irrelevant.
The first knowledge which the public re- ceived that there was a question of Mr. Boyd's citizenship and eligibility to the ex- ecutive office was obtained from a dispatch which appeared in the World-Herald on the morning of December 13, 1890. The dis- patch was as follows:
CLEVELAND, O., Dec. 12 .- A special from Zanes- ville, Ohio, says : A curious complication has arisen in the case of Governor-elect Boyd, of Ne- braska. He was born in Ireland in 1834, and came to this city with his father, Joseph Boyd, in 1849. The father filed a notice of his intention to become a citizen, but did not take out his final papers un- til November, 1890. The son did not take out papers here, and it is stated that he has never been naturalized in Nebraska. The statutes provide that where the father was naturalized his sons
188
James EBoyd
189
THE CITIZENSHIP OF GOVERNOR BOYD QUESTIONED.
under twenty-one years of age are naturalized. In this case the father filed his declaration in 1849, but did not take out his final papers until 1890.
So important a discovery naturally caused a great deal of discussion among lawyers. Henry Estabrook, Esq., in an article which appeared in the World-Herald of Sunday, December 8, 1890, gratuitously advanced the doctrine-of-relation argument, which he has since so sturdily maintained in both the State and National Supreme Courts. Joseph H. Blair, an attorney previously almost un- known in Omaha, and, as after events proved, a strong Republican partisan, com- batted this and other arguments in Mr. Boyd's behalf, maintaining that the Govenor- elect was not a citizen, and that, neither Powers nor Richards having been elected, Govenor Thayer would hold over.
Thus matters drifted along; the taking of evidence in the Powers' contest was contin- ued from day to day, until Monday, Decem- ber 29th, but nothing affecting the citizen- ship question was disclosed.
When the Legislature had been organized, and both branches met in joint session, Wednesday, January 7, 1891, as required by the constitution, to canvass the returns, a hitch occurred. The Independents had a majority of the membership, and undertook to abandon custom and precedent and have the Speaker act as presiding officer instead of the President of the Senate. Lieutenant Governor Meiklejolın resisted this rather revolutionary proceeding, and with remark- able courage held the gavel, refusing to recognize motions to adjourn, and rapping down rebellious members who refused to recognize him as the presiding officer. He maintained that the law was plain, and that the duty of the Speaker in the premises was, under the constitution, purely clerical-to open and canvass the returns as handed in by the Secretary of State. This, Speaker Elder of the House refused to do. After hours of struggle a compromise resolution, submitted by Church Howe, for a recess
until 10 o'clock the next morning, was ac- cepted.
During the night a caucus of the Alliance members was held, and it was determined to take heroic measures to secure control. The doors of the assembly hall were locked and strongly guarded, admission being allowed only through the cloak room, and only to those who held tickets of admission signed by Speaker Elder. By this means the room was packed with partisans of the Alliance members. Lieutenant Governor Meiklejohn was not permitted to stand at the presiding officer's desk, but he had brought a gavel with him, and took his station at the Clerk's desk, just in front of the Speaker, and took control of the joint convention. On a sug- gestion from Representative Watson, of Otoe County, he addressed a note to Gov- enor Thayer, calling upon him for protec- tion, and a company of militia was promptly marched into the corridors of the capitol, where a turbulent throng had assembled, clamoring for admission to the assembly hall. Order was restored quickly, and meanwhile a conference committee, consist- ing of four Republican, four Democratic, and four Alliance members, was agreed upon, and, while the said committee was in consultation, a do-nothing status was main- tained in the joint convention.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.