USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 42
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valves are used. The entire construction of the works has been done in the most sub- stantial manner, the aim of the company . being to have the best works in the United States. The number of consumers is nearly seven thousand. The daily consumption in 1884 was 1,200,000 gallons, and the present consumption is about 17,000,000. There are now over seven hundred metres in use.
The company supply South Omaha, and the high ground on the south side, by direct pressure, and for this service purchased an eight million gallon triple-expansion Gaskill pumping engine, and placed it in a pump- ing station recently erected at the corner of Twentieth Street and Poppleton Avenue. The building is of brick, 76 x 124 feet, and thirty feet high in the clear. The cost of this improvement is about $45,000. Room is provided for an additional engine of like capacity. A powerful Allis pumping engine has recently been placed in position at Flor- ence, with a capacity of eighteen million gallons every six hours. Plans are perfected for the construction of another large reser- voir on the high point northwest of Walnut Hill, to be supplied by a forty-eight inch main with a capacity of ninety million gallons in twenty-four hours. This reser- voir will be 310 feet above the pumping station at Florence. The combined daily capacity of the entire system November 1, 1890, was as follows: Florence, 48,000,000 gallons; the lower city stand, 28,000.000 gal- lons; Poppleton Avenue, 8,000,000 gallons; Walnut Hill, 6,000,000 gallons; total, 70,- 000,000 gallons. The Walnut Ilill reser- voirs are 210 feet above low water mark.
A contest having arisen among the stock- holders for control of the company, Mr. Underwood resigned the presidency and from the board of directors, and shortly afterward the Denver Waterworks Com- pany, the Denver City Waterworks Com- pany and seven stockholders went into the United States District Court, at Lincoln, and asked for the appointment of a receiver,
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HISTORY OF THE CITY OF OMAHA.
on the ground that the affairs of the com- pany were being manipulated by Mr. C. H. Venner in such a manner as to defraud them. Upon a hearing, Judge Dundy ren- dered a decision on February 11, 1892, and appointed Mr. Ellis L. Bierbower receiver, with Alonzo B. Hunt as receiver to take charge of the mechanical department, on the ground that there were no legal officers to take charge of the affairs of the company.
The business of the company has been con- ducted without a stoppage and is still in charge of the receivers, and outside of the court proceedings, the articles which have appeared in the newspapers, and the pres- ence of Mr. Bierbower in the office, there has apparently been but little change in the personnel and conduct of the management of this great, beneficial and necessary insti- tution.
CHAPTER XXXVIII.
INDIANS AS LITIGANTS -STANDING BEAR SUEING FOR THIS RIGHTS -SUBSEQUENT SUITS IN THE UNITED STATES COURTS.
On the 23d of March, 1879, twenty-nine Ponca Indians, men, women and children, with Chief Standing Bear in charge, were arrested at the Omaha Indian reservation, by Lieutenant Carpenter and a squad of sol- diers sent out from Fort Omaha for that purpose by General Crook, under orders from Washington. Two years previously the Ponca tribe had been taken from their reservation in southern Dakota and located in the Indian Territory. llere they endured privations and suffered extremely. A large proportion of their number died, and, be- coming desperate, the party in question left their new home in midwinter, determined to make their way back to the reservation from which they had been removed without their consent, and where they had been pros- perous and contented, and had made con- siderable advance in agriculture. l'pon reaching the Omaha reservation, they were heartily welcomed by the Omahas and fur- nished with the supplies so much needed. Their captors started to take them back to the Indian Territory, stopping over a few days for rest at Fort Omaha. Late Saturday night, Mr. T. II. Tibbles, then assistant editor of the Omaha Herald, heard of the arrival of the Indians at the fort, and on Sunday went up to see them. llearing their story, and being touched by their miserable condition, he returned to the city and visited a number of churches that night and induced the min- isters to make some remarks to their congre- gations with regard to the case. He pub- lished in the Herald an extended report of what he had seen and heard. Rev. W. J. Harsha, of the Presbyterian Church, Rev. E.
H. E. Jameson, of the Baptist Church, Rev. A. F. Sherill, of the Congregational Church, and Rev. II. D. Fisher, of the Methodist Church. joined heartily with Mr. Tibbles in espousing the cause of the Indians. A. J. Poppleton, Esq., and John L. Webster, Esq., were consulted by Mr. Tibbles as to the legal status of the case and as to whether or not the release of the Indians could be secured by means of a writ of habeas corpus, though never before in the history of this government had such a course been at- tempted with the red man. After a full consideration of the matter, these gentlemen volunteered their services and General Crook was cited to appear before Judge E. S. Dundy, judge of the United States Dis- trict Court, and show cause why the Indians should not be released from custody. The petition was as follows:
"In the District Court of the United States, for the District of Nebraska:
"Ma-chu-nah-sha (Standing Bear) versus George Crook, a brigadier-general of the army of the United States and commanding the Department of the Platte.
" The petition of Ma-chu-ual-sha (then followed the names of all the Indians under arrest), who respectfully show unto your Honor that each and all of them are prison- ers, unlawfully imprisoned, detained, con- fined and in custody, and are restrained of their liberty, under and by color of the al- leged authority of the United States, by George Crook, a brigadier-general of the army of the United States and commanding the Department of the Platte, and are so imprisoned, detained, confined and in cus-
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tody, and restrained of their liberty, by said George Crook. at Fort Omaha, on a military reservation under the sole and exclusive jurisdiction of the United States, and located within the territory of the district of Ne- braska. That said imprisonment, detention, confinement and restraint by said George Crook, as aforesaid, are and were done by him, under and by virtue of some order or direction of the l'nited States, or some de- partment thereof, and which order or direc- tion is not more particularly known to these complainants, whereby they are unable to more particularly set the same forth, save that the complainants are informed and he- lieve that said order or direction is to the effect that these complainants be taken to the Indian Territory as prisoners.
" These complainants further represent that they are Indians of the nationality of the Ponca tribe of Indians, and that for a considerable time before and at the time of their arrest and imprisonment, as herein more fully set forth, they were separated from the Ponca tribe of Indians, and that so many of the said Ponca tribe of Indians as maintained their tribal relations are located in the Indian Territory.
"That your complainants at the time of their arrest and imprisonment were lawfully and peacefully residing on the Omaha reser- vation, a tract of land set apart by the United States to the Omaha tribe of Indians, and within the territory of the district of Nebraska, and were so residing there by the wish and consent of said Omaha tribe of Indians, on lands set apart to your complain- ants by said Omaha tribe of Indians.
"That your complainants have made great advancement in civilization, and at the time of the arrest of your complainants some of them were actually engaged in agricul- ture, and others were making arrangements for immediate agricultural labors, and were supporting themselves by their own labors, and not one of these complainants was re-
ceiving or asking support of the government of the United States.
" That your complainants were not violat- ing, and were not guilty of any violation of, any law of the United States for which said arrest and imprisonment were made.
" That, while your complainants were so peacefully and lawfully residing on said Omaha reservation, as aforesaid, they were each and all unlawfully imprisoned, detained. confined, and restrained of their liberty, by said George Crook, as such brigadier-gen- eral, commanding the Department of the Platte, and as such prisoners were trans- ported from their said residence at the Omaha reservation to Fort Omaha, where they are now unlawfully imprisoned, de- tained, confined, and restrained of their lib- erty, by said George Crook, as aforesaid:
" Wherefore, these complainants say that their imprisonment and detention are wholly illegal, and they demand that the writ of habeas corpus be granted, directed to the said George Crook, brigadier-general of the United States, commanding the Department of the Platte, commanding him to have the bodies of (here followed the names of the complainants) before your Honor, at the time and place therein to be specified, to do and receive what shall then and there be considered by your Honor concerning them, together with the time and canse of their detention, and that the complainants may there be restored to their liberty."
General Crook being cited to appear, and the preliminary proceedings having been disposed of, the case came on for hearing in the United States court room, at Omaha, April 30, 1879, the lawyers above named appearing for the Indians, and United States District Attorney G. M. Lambertson for General Crook, the point to be decided being whether the complainants had dissolved their tribal relations and were " persons " within the meaning of the law. One evening and two day sessions of the court were occupied
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with the case, Judge Dundy deciding it in favor of the complainants, holding
" First. That the Indian is a person, within the meaning of the laws of the United States, and has therefore the right to sue out a writ of habeas corpus in a federal court, and before a federal judge. in all cases where he may be confined, or in custody, under color of authority of the United States, or where he is restrained of liberty in violation of the constitution or laws of the United States.
" Second. That General George Crook, the respondent, being commander of the Military Department of the Platte, has the custody of the relators, under color of au- thority of the United States, and in violation of the laws thereof.
" Third. That no lawful authority exists for the removal by force of any of the rela- tors to the Indian Territory, as the respond- ent has been directed to do.
" Fourth. That the Indians possess the inherent right of expatriation, as well as the more fortunate white race, and have an in- alienable right to life, liberty, and the pur- suit of happiness, so long as they obey the laws and do not trespass on forbidden ground.
"Fifth. Being restrained of liberty, under color of authority of the United States, and in violation of the laws thereof, the relators must be discharged from custody, and it is so ordered."
A few days later General Crook received orders from the War Department to release the Indians, and they at once returned to the Omaha reservation, Standing Bear present- ing to Mr. Poppleton a war bonnet of his- toric value, to Mr. Webster a tomahawk, and to Mr. Tibbles a handsome pair of beaded moccasins, in appreciation of the great ser- vice they had rendered him and his people.
April 5, 1880, John Elk, an Indian, pre- sented himself for registration before Regis- trar Charles Wilkins, of the fifth ward of this city, with a view of voting at the local
election the following day. The officer re- fused to put his name upon the list, and, thereupon, Elk brought suit for dam- ages in the sum of six thousand dollars, claiming that he had abandoned his tribal relations and that, under the fourteenth and fifteenth amendments to the constitution of the United States, he was a citizen and en- titled to all the rights of citizenship. The suit was brought in the United States Court, before Judges MeCrary and Dundy, Messrs. Poppleton and Webster appearing for Elk, and District Attorney Lambertson for Wil- kins. The case was decided against the complainant, on a demurrer filed by Lam- bertson setting forth: (1) That the petition did not state facts sufficient to constitute a cause of action; (2) That the court had no jurisdiction of the person of the defendant; and (3) That the court had no jurisdiction of the subject of the action. An appeal was taken to the Supreme Court of the United States, and the decision of the lower court was sustained, Justices Harlan and Wood dissenting.
In the spring of 1888, a suit was brought in the circuit court of the United States for Nebraska, by the heirs of Sophia Felix, a half-breed Indian of the Sioux nation, claim- ing title to 120 acres of land now included within the city limits of Omaha, and of im- mense value. The land had been deeded by Sophia Felix to M. T. Patrick, in 1860, which deed, complainants claimed, had been obtained by " wicked devices and fraudulent means." The heirs set out in their petition that it was only within two years prior to bringing the suit that they had been entitled to bring such an action, for the reason that until August, 1889; they had maintained their tribal relations as members of the Santee band of the Sioux nation. They were represented on the hearing by a great array of legal talent, including John C. Cowin and Charles Ogden, of Omaha; Ship- man, Barlow, Larocque and Choate, of Bos- ton; and J. H. Parsons, of Birmingham,
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HISTORY OF THE CITY OF OMAHA.
Alabama. A. J. Poppleton, George W. Am- brose and John L. Webster appeared for the defendant, and gained the suit. On the trial of the case, Mr. Ambrose made a pertinent reference to the famous Dred Scott decision, wherein Judge Taney held that the negro had no rights which a white man was bound to respect. Mr. Ambrose insist- ing that, if the rule contended for by the complainants should obtain, the white man had no rights which an Indian was bound to respect. An appeal was taken to the United
States Supreme Court, where it was decided in favor of Mr. Patrick, May 16, 1892, on the ground that the plaintiff had waited too long before beginning the suit. The hear- ing at Omaha was before Judges Brewer and Dundy. Judge Brewer was soon after- ward appointed to the United States Su- preme Court.
In the two cases last mentioned, that of Standing Bear figured prominently, as es- tablishing a precedent in legal proceedings where Indians were parties.
CHAPTER XXIX.
COUNTY FAIRS - DRIVING PARK ASSOCIATION - BOARD OF TRADE - REAL ESTATE EX- ('ILANGE -- REAL ESTATE OWNERS' ASSOCIATION - MANUFACTURERS' AND CONSUMERS' ASSOCIATION.
On the first and second days of October, 1858, Douglas County made its first public display of agricultural products, at which time a fair was held at Saratoga. Among the prominent exhibitors were Joel T. Grif- fin, Hadley D. Johnson, O. P. Hurford, A. J. Simpson, J. W. Tousley, Peter Windheim, Moses Shinn, Edwin Patrick, Jesse Lowe, and C. Davidson; Mr. Griffin exhibiting thirty varieties of vegetables. The pre- minms offered ranged in value from fifty cents to five dollars. J. W. Tousley was awarded the last named sum for his fine dis- play of hogs, and also received a premium of one dollar for his superior skill in the am- brotype line, which shows that Tousley blended the practical with the artistic and æsthetic while aiding in the development of the boundless West.
The Omaha Times thus describes one of the main features of this occasion : " The fair closed with a specimen of equestrianism by ladies, although we were informed it was not down on the bills. The ladies entering for the prize, a beautiful side saddle, were Mrs. E. V. Smith, Mrs. Boyd, and Miss Augusta Estabrook. The course chosen for the exer- cise was far too small, being but two hun- dred feet square. The horses were put under a full run, and in the short turn, both horses and riders, to maintain an equilib- rium, were going at an angle of forty-five degrees. To say the least of it, the race was exciting. Miss Estabrook, upon her little pony, calm and collected, was loudly cheered by the spectators, as also was Mrs. Smith, upon a white pony. Mrs. Boyd also
was entitled to her share of the award of praise. The falling from her horse at the close of the race, while it resulted in no ma- terial injury, was a subject of regret by all. The champions for the prize seemed to be Miss Estabrook and Mrs. Smith - more graceful riders than all three would be hard to find - and we are informed that the com- mittee awarded it to Miss Estabrook. That little pony and cool little rider, under full run, have been flying around the race course of our brain ever since." The successful competitor was the daughter of General Estabrook, and is now the wife of Colonel Clowry, the well-known Western Union of- ficial.
From that date county fairs were an- nually held here, with more or less success, for a number of years. In 1875, Messrs. Al. Patrick, M. T. Patrick, A. H. Baker, James Stephenson and Dr. J. P. Peck, bought the forty acres of land north of the city on which the fairs had generally been held and organized the Omaha Driving Park Associa- tion, erected buildings, feneed in the grounds and constructed a splendid track for racing purposes. In 1880 they sold out their in- terests to an association composed of J. J. Brown, Charles H. Brown, Chris. Hartman, D. T. Mount, George Canfield, Benjamin Wood, John D. Creighton, W. A. Paxton, and James E. Boyd, each owning one-tenth of the stock, and the remaining one-tenth being the undivided interest of the associa- tion. The officers are as follows: Joseph Garnean, Jr., president; Charles A. Coe, vice-president; II. K. Burket, secretary;
2TT
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HISTORY OF THE CITY OF OMAHA.
Frank D. Brown, treasurer; Thomas Swobe, William Krug, George W. Ames, direc- tors. This company expended about four- teen thousand dollars in putting up addi- tional buildings, making it more suitable for the purposes of the State fair, which was held at Omaha for several years thereafter, as it had also been previously. A few years later the property passed into the ownership of J. J. Brown, Charles Brown and John D. Creighton, and the Omaha Fair and Expo- sition Association was formed, composed of about fifty of the enterprising citizens of Omaha, which association leases the grounds and buildings and gives annual displays of the highest order of merit, bringing to Omaha visitors from all parts of the United States. The premium list for 1889 amounted to about twenty thousand dollars. The of- ficers of the association are as follows: D. T. Mount, president ; Churchill Parker, vice- president; IIngh G. Clark, treasurer: J. Il. McShane, secretary; D. T. Mount, Churchill Parker, llugh G. Clark, J. II. McShane, M. T. Patrick, J. II. Ilungate, and J. J. Brown, directors: J. II. IIungate, J. J. Brown, and M. T. Patrick, executive committee.
Just previous to the organization of the exposition association, the buildings on the ground were nearly all destroyed by a tor- nado, and, in the fall of 1887, more exten- sive structures having been erected in the meantime by the present association, a very considerable loss was inflicted by fire which, it is claimed. was caused by sparks from a passing engine on the Belt Line Railway. A suit was brought against the Missouri Pa- cific Railway Company, the owners of the Belt Line, for the sum of eighteen thousand dollars damages, the plaintiffs being the Fair and Exposition Company and an insurance company which paid ont about half that amount on account of the fire. The case was tried in the district court in December, 1889, and decided in favor of the railroad company.
The Douglas County AAgricultural Society
was re-organized in 1882, with D. T. Mount as president, George N. Crawford. secretary, and .J. J. Brown, treasurer. The following year George N. Crawford was elected president, John Baumer, secretary. and J. J. Brown, treasurer. In 1884, John T. Paulsen was elected president, IIenry Eicke, vice-president, John Baumer, secre- tary, and Henry Bolln, treasurer, and were all re-elected in 1885, with the exception of Henry Eicke, Elijah Allen being elected vice-president in his place; and the board thus formed was re-elected in 1886, and the two succeeding years, with the exception that Mr. Paulsen was succeeded in 1887, as president, by Daniel II. Wheeler, Sr., and who was also re-elected to that position in 1888. An allowance of fifteen cents per voter is drawn from the State treasury an- nually. in aid of county agricultural associ- ations, which gives Douglas County, this year. $3,252. The membership fees amount to about one hundred dollars annually, and there is something additional received from advertisements printed in the premium lists. Space is rented of the Fair and Exposition Association at a nominal figure. The county society is well managed, and its annual dis- plays attract much attention. The present officers of the association are: 1I. G. Clark. president; Frank B. Hibbard, vice-presi- dent; John Baumer, secretary; Henry Bolln. treasurer; and these, with Henry Eicke. J. W. Agee, M. D., Jno. F. McArdle, Oscar .J. Pickard, E. II. Walker, G. R. Williams, Richard Engelmann and Julius Treitschke, constitute the board of directors.
A re-organization of the Omaha Driving Park Association was effected during the year 1890, with W. II. S. Hughes as presi- dent. Richard S. Berlin, secretary, and W. S. Rector, treasurer. A tract of land was secured, about a mile west of the city limits, and a large force employed erecting buildings and constructing a mile track, one hundred feet wide. It is the design of the association to expend a large sum of money
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in the improvement of their property for rac- ing and county and State fair purposes. Thomas Swobe, Joseph Garneau, J. II. Birk- ett, Richard S. Berlin, Dr. J. M. Swetnam, William Krug and D. S. Mercer, constitute the present board of directors.
Omaha's first Board of Trade was organ- ized in 1865, with Augustus Kountze as president, and E. P. Childs, secretary. For a few years it flourished, after a fashion, and then passed out of existence. In 1877 (March 12th), through the efforts of W. C. B. Allen, now of Idaho, another organiza- tion was effected, of which he was secretary and A. J. Poppleton, Esq., president. The following year John Evans was elected pres- ident and Mr. Allen re-elected secretary. In 1879, W. J. Broatch was elected president and Thomas Gibson secretary; in 1880, and again in 1881, James E. Boyd, president and Mr. Allen, secretary; in 1882, Ilugh G. Clark, president, and Thomas Gibson, secre- tary; in 1883, C. F. Goodman, president, and Mr. Gibson, secretary; in 1884, N. B. Falconer, president, and Mr. Gibson, secre- tary; in 1885, Max Meyer, president, and Mr. Gibson, secretary, but the latter resigned before the close of the year and was sue- ceeded by Frederick B. Lowe; in 1886, and again in 1887, Max Meyer, president, and G. M. Nattinger, secretary; in 1888, P. E. ller, president, and G. M. Nattinger, secre- tary; in 1889-90-91, Euclid Martin, presi- dent, W. N. Nason, secretary. IIenry Pundt was the treasurer in 1865; C. C. Hlousel, in 1877-78-79-80-81; W. J. Broatch in 1882- 83-84; J. A. Wakefield in 1885-86-87-88, and Hugh G. Clark in 1889-90-91. The present officers are: Euclid Martin, president; Max Meyer, first vice-president; S. A. Mc- Whorter, second vice-president; C. F. Good- man, treasurer, and W. N. Nason, secretary. E. E. Bruce, C. HI. Fowler, Joseph A. Connor, H. G. Clark, James Stephenson are directors-all re-elected .January 12, 1891.
The Board of Trade building, with a frontage of 132 feet on Sixteenth Street
and 66 feet on Farnam, was commenced in 1884, the lot having been bought of the city for thirteen thousand dollars, and finished the following year, at a cost of nearly one hundred thousand dollars. It is five stories high and a very handsome structure. The lot is now worth one hundred thousand dol- lars. To Mr. Thomas Gibson, now of Los Gatos, California, is due the chief credit for the purchase of the lot and erection of the building. He was then secretary of the board. and through his efforts the money was raised to secure the lot at the remark- ably low price asked for it. At his sugges- tion, the membership fee was increased to one hundred dollars for those then belong- ing to the organization (having previously been but twenty-five dollars), and to $125 for new members, a large additional mem- bership being secured through Mr. Gibson's personal and persistent efforts. The foun- dation of the building, costing ten thousand dollars, was paid for out of funds belonging to the board and the property bonded for sixty thousand dollars, all of which sum was carefully and judiciously expended on the building, the erection of which added much to the prestige of the board. The fee has been gradually raised from twenty-five dollars to five hundred dollars, and the board has now 235 members, 250 being the limit of membership allowed by the consti- tution. This organization has been an active force in advancing the interests of Omalia.
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