USA > Nebraska > Lancaster County > Lincoln > Lincoln, the capital city and Lancaster County, Nebraska, Volume I > Part 36
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A hasty consultation was had. In anticipation of the worst that might befall them, a complete record had been made up, as far as it had gone, preparatory for making an application to the Supreme Court for a writ of habeas corpus. The record was completed and Mr. Lambertson took the first train for Wash- ington, D. C., and Marshal Bierbower took the prisoners to the jail at Omaha,
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Neb. On the way to jail Councilman Dean grew weary. As they were passing a drug store he told the marshal that he was subject to fits and faintings, and, as he felt his malady coming on, it was necessary for him to get some fit medi- cine. At the command of the marshal the procession halted. Dean left the ranks, satchel in hand, and entered the pharmacy. In a few moments he re- turned, apparently rejuvenated, but it was observed that his satchel possessed a much greater specific gravity than when he left. When asked if he expected to have fits enough to consume all that medicine he replied he did not, but thought his companions might before they got through.
They straightway awarded him a vote of thanks, and gave him the appella- tion of Doctor Dean, a name by which he was ever afterwards recognized.
Doctor Dean now found no difficulty in keeping step, and they all marched with military precision, led by the marshal, up the rugged way to the castle on the hill.
The presence of so many fine looking gentlemen carrying knapsacks, march- ing in perfect order and martial array in that directtion, excited no little curi- osity. They were stared at by crowds of men and women, and great numbers of small boys followed the procession, while the dogs did bark as they passed by.
At the command to halt, the weary pilgrims stood in the shadow of the bastile, over whose portal was the inscription :
"ALL HOPE ABANDON YE WHO ENTER HERE"
Each glanced at the writing and then at the other. The sentiment was not reassuring, but it was too late to recant, even had they enterained such a thought. The ponderous iron bolts were heard to turn ; the heavy doors swung open, the darksome dungeon yawned to receive them, and they entered in, the door closed, and Lincoln's reform administration was literally barred from the world without.
"It was a time for memory and for tears."
Marshal Bierbower delivered the mittimus and prisoners to Sheriff Coburn, who in return gave him a receipt for each and graciously received the new addition to his already large and variegated family.
After the marshal had taken his departure. Sheriff Coburn said, "I under- stand you are from Lincoln." All nodded assent. A moment's pause and Dean added, "via Federal Court." The sheriff then conducted his new arrivals to a desk, upon which lay the register of the Hotel De Bastile. Shortly it was illuminated with the autographs of a dozen men, who but yesterday governed a great city, but "now none so poor to do them reverence."
After remarking upon the exceptional page of signatures, he turned to the aldermen and said, "Gentlemen, make yourselves at home. You see I am some- what crowded. Winter is our busy time. However, you must be content and I will do the best I can for you." He then departed. leaving his guests in a large corridor.
"Take a chair," said Councilman Dailey, as he sat himself down upon the cold stone floor of the apartment. Some obeyed, others stood up, leaning against the walls for support. In this attitude they took in the situation. A combination and mixture of unearthly odors and stenches so rank as to smell to heaven assaulted their olfactories. "Why." said Councilman Pace, "all the perfumes of
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Arabia could not sweeten these apartments." Nor was the prospect to the eye more pleasing. Some thirty or forty wretched prisoners, ragged and dirty, some with bloodshot and leering eyes, were loose in the corridor, some standing, some walking, and others lying on the floor sleeping off their last night's 'debauch. A still larger number of the more dangerous and desperate class huddled into the several tiers of iron cells that partly surrounded the open court.
The faithful chronicler of whom we have spoken, writing at the time says, "Their hearts were somewhat troubled when they gazed about the corridors into which they had been ushered and where they were obliged to wait nearly an hour before the apartments intended for them were made ready. It afforded a view of several tiers of cells, packed with the vilest looking crowd of hoodlums ever assembled behind iron bars. And the corridor was also occupied by about thirty or forty of the same brand. A shining light in this apartment was the one-armed light of society, named Pasco (I think), who was recently arrested at Lincoln for swindling in land."
Thirty minutes in this revolting scene and breathing the fetid atmosphere caused a number of the city fathers to experience a feeling of nausea. This was observed by the quick eye of Doctor Dean. He rushed to his satchel, opened it, and took therefrom two huge quart bottles of "fit medicine." Holding them in either hand. he first took a dose himself and then passed the medicine bottles to his companions, assuring them that he had used the medicine for thirty years, and that it never failed to produce good results. The doctor's medicine came like a ray of sunshine into the midst of his companions. When the medicine bottle came to Burks he hesitated. He looked at the bottle, then at the surround- ings, and then, addressing his fellow-councilmen, said: "Boys, there is no use in talking ; all the fit medicine in Christendom would not suffice to relieve me. I have been indisposed for more than a month. I see the portals of the grave opening to receive me if I am not speedily admitted to the sunlight and fresh atmosphere. Here (taking from his pocket a certificate from his physician, which he had taken the precaution to procure before leaving home) is what my physician says. While I would willingly stay by you, yet I am admonished by this certificate and my failing pulse that self-preservation is the first law of nature. I have just $50 in my purse. If they will take it I shall willingly give it for my liberty." Doctor Dean made a diagnosis of the sufferer and decided that his medicine was not powerful enough to effect a cure, and that Burks should pay his fine and be discharged. This was accordingly done and Councilman Burks boarded the first train for Lincoln.
An hour passed on. A number had seated themselves upon the cold floor, and were beginning to adjust themselves to their hard conditions, when Sheriff Coburn appeared in their presence. He commanded them to arise and follow him. Again we quote from the same faithful chronicler :
"About 5 o'clock the prisoners were shown to their apartments, which comprise two large rooms and a small room in the southeast corner of the sec- ond floor. They are scarcely dungeons in a literal sense of the word. The absence of chairs, racks and thumbscrews is apparent to the most casual observer. A highly polished coal stove keeps out the cold air of November in the highest style of the art, while the floors are handsomely carpeted, and lounges and easy chairs are scattered around in a way that would have made John Bunyan write
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ten more chapters of his Pilgrim's Progress had he been confined here. Fra- grant flowers are in the windows, while the walls are adorned with valuable pictures, among which is a chromo, presumably by Raphael, representing Judas Iscariot hanging himself. The distinguished prisoners contend, however, that the moral value of the picture is impaired, as the only member of the body who could derive a valuable lesson from it is absent. Lace curtains adorn the win- dows, and handsome chandeliers furnish all the illumination desired. In short, the apartments now occupied by the city fathers in Lincoln are as comfortable as the homes of many aristocrats. It is not at all likely that groans, shrieks, or appeals for mercy will be heard by those without, unless it be as a result of some of Dean's jokes, which are constantly on draught and gurgle around like flowing streams in deserts weary. Their confinement will lack many of the elements of martyrdom. The lack of that esteemed boon known to orators as liberty will be the chief affliction. A lynx-eyed Ethiopian, who has been so well trained that he already refers to Fred Hovey as 'colonel' and Jim Dailey as 'judge' has been detailed to wait upon them and obey their slightest mandates. A special cook has also been delegated to the task of preparing savory viands for them, which they will eat in a comfortable and spacious dining hall on the first floor, where no other prisoners will be allowed. Parties who have served a term in the Siberian mines freely admit that the punishment inflicted upon the heroes of whom this essay treats is much preferable and not nearly so galling to the spirit.
"The councilmen themselves, while not being superlatively happy, are re- moved from absolute misery by several degrees. The air of calm resignation that lies upon the face of J. Z. Briscoe is refreshing to the intellectual observer, while his companions are also overflowing with a spirit of 'peace on earth and good will toward men.' At 7 o'clock the gentlemen are thus occupied (the de- tails may be trivial, but they will be interesting to their anguished relatives) :
"L. W. Billingsley, W. J. Cooper, Gran Ensign and H. H. Dean are sitting by the blazing hearth lost in the fascinating excitement attending a game known to science as poker. They seem to control their grief quite manfully, and no sobs have yet been heard.
"A. J. Sawyer is diligently reading a law book, while a look of ineffable calm makes his face a study.
"J. Z. Briscoe is walking the floor like a caged lion, or like a man who has a large concentrated toothache concealed about his person. He disclaims all re- morse or anxiety, however, and will endeavor to hold her nozzel agin the bank till the last galoot's ashore.
"Fred Hovey acts like one who is convinced that whatever is, is right. His appetite is unimpaired, and his friends in Lincoln have thus far no necessity to pine or wither away through anxiety about him.
"L. C. Pace is contemplating the game of poker alluded to above with the air of one who has been in the neighborhood himself.
"The balance of them are scattered around on lounges and cushioned chairs, looking as if their agony had not reached an insupportable point, and most of them will doubtless survive the ordeal. The apartments they occupy were formerly used as the sheriff's residence, and command an excellent view of the city. They are clean and pleasant and are furnished with everything necessary
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for a pious and circumspect life, from a large Polyglot Bible to a copy of Lambertson's petition to a higher court, with the previous translations diligently compared and revised.
"The martyrs will sleep on new cots specially provided for them, with comfortable clothing. These will be brought in during the evening when the curfew tolls the knell of parting day, and removed during the daytime, to make more room for the doomed men when they want exercise. Since they antici- pated hard bunks, it is a matter of great encouragement to them that they can 'wrap the drapery of their couch about them and lie down to pleasant dreams' as if they were at home.
"In such a manner has the first day of their imprisonment passed. The ruddy glow of health is still on each cheek, and melancholy has so far marked none of them for her own. Had they been required to enter the dismal cells occupied by the lower criminals, they would have done so without flinching. That they are as comfortable as they are should be a matter of congratulation to Lincoln, for whose sweet sake they are looking out at streets they may not tread.
"Religious literature, sponge cakes, chewing tobacco and other physical and spiritual refreshments should be sent to Mr. Billingsley, who has been appointed . as chairman of the committee on supplies. Communications for the mayor or members of the council should be addressed 'in care of Sheriff Coburn' ".
The apartments were those occupied by Deputy Sheriff Major Houck, who kindly turned them over to the councilmen, to whose kind attention and many acts of courtesy they will ever feel themselves deeply indebted.
The good citizens of Omaha contributed much to soften the asperities of prison life. Chief among these was IIon. H. T. Clarke. To facilitate communi- cation with the outside world the Western Union Telgraph Company, through its gentlemanly superintendent, J. J. Dickey, supplied the councilmen and their wives with telegraphic franks, as did also the express companies.
Their apartments became daily veritable reception rooms. Many of the notables of the state paid their respects by their calls and hearty expressions of sympathy and good cheer, among whom was Governor Thayer, who showed a deep interest and assurred the council that if the decision was adverse he would go himself to the President and make an appeal in their behalf ; Hon. J. Sterling Morton, who brought with him for their consolation and edification a copy of the Connecticut Blue Laws; Hon. George L. Miller, Hon. Edward Rosewater, Hon. James E. Boyd, who furnished them with carte blanche to his Opera House ; Mayor Broatch and the councilmen of Omaha, who tendered them a banquet, and the ministers of the city who extended a cordial invitation to the pews of their churches.
Many resolutions of sympathy, numerously signed, from different parts of the state and from city councils, were received.
Flowers, fruits, cigars, and many other good things came pouring in by express till it became necessary to organize a commissary department with James Dailey at the head.
The council availed themselves of the entree to Boyd's Opera House and witnessed among other plays, "Alone in London," "A Great Wrong," and "All is Well that Ends Well."
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In the meantime Mr. Lambertson was putting forth his best energies in Washington to interest the Supreme Court in their behalf.
On the fourth day of their incarceration he dispatched the council that he would have "a hearing before the Supreme Court the first thing tomorrow, Friday morning, and that the decision would probably he handed down on Monday."
Notwithstanding they were being daily besieged with kind friends, good cheer, and stalwart resolutions, they were becoming exceedingly anxious to learn what the Supreme Court would say of them. "Eagerly they watched the mor- row" for some tiding from the court. They were not disappointed. A telegram from Attorney Lambertson stated that the court had "granted a rule to show cause returnable December 12," and that a "writ of habeas corpus would issue later if necessary."
The fact that the court had granted a rule to show cause lent encouragement to the hope that the court was favorably disposed, otherwise the rule would have been denied.
The council on receipt of this dispatch wired Mr. Lambertson to make some arrangements whereby they might be admitted to bail, until the final decision, and at the same time be relieved from the expense of going to Washington.
The next day, Saturday, the following dispatch was received :
"Washington, D. C., December 3, 1887. "A. J. Sawyer, Omaha :
"See telegram to the marshal. Judge Miller doubts the power of Judge Dundy to take bail. He thinks Bierbower ought to allow you to go on parole of honor. If not, writ will issue Monday. Don't give bail, for then the marshal could return that you were not in his custody. G. M. LAMBERTSON."
Pursuant to the above, Marshal Bierbower was seen, but he did not feel that he could take any action in the matter, as he derived his authority from Judge Brewer, whose mandate he must obey until he received orders from a higher power.
"Between the alternative of jail and asking Judge Brewer," says the chron- icler, "the council determined to choose the jail."
Later, however, the following dispatch was received :
"Washington, D. C., December 3d.
"Senator Paddock and Congressman McShane went with Mr. Lambertson to see Attorney-General Garland about admitting the mayor and city council to bail, or letting them out on parole of honor. The attorney-general expressed great surprise that they should be imprisoned, and said that he would direct the marshal at Omaha to place the prisoners nominally in the custody of the deputy marshal at their homes in Lincoln until the case is finally decided by the court."
Acting upon the order wired him by the attorney-general, Marshal Bierbower placed the council in charge of Deputy United States Marshal Allen, who allowed them to return home on parole of honor to report to him should the decision of the Supreme Court be adverse. This brought great joy to the council, and they began to feel that genuine progress was now being made in their behalf.
They had now been in durance vile six days. Meanwhile the City of Lincoln had been without any government. We again quote from the faithful chronicler : "About the time the city fathers were breaking camp preparatory to taking their departure for home, they were made glad by a call from his excellency, Vol. I-19
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Governor Thayer. The register in which were recorded the names of the many guests who had paid their respects during the days of the council's confinement had been packed away with many other trophies to be carried to Lincoln. The register was exhumed, and the governor's name closed the list of distinguished visitors.
"After a pleasant chat his Excellency said that he had just come from Lincoln, where a petition to President Cleveland for an unconditional pardon for the mayor and councilmen had been signed by himself, the supreme and district judges, state and county officials, members of the bar, and business men generally, which petition he would take pleasure in presenting to the President in the event the Supreme Court denied the writ on final hearing. He further said that he desired every member present to distinctly understand that he cordially endorsed the action of the council in the police judge case from the beginning of the in- vestigation to the present time, and that he was particularly gratified that the councilmen were willing to go to prison in order to test the question of Federal judicial interference with municipal government. He believed they were right and that they would be sustained by the Supreme Court. A question of such vital importance should be speedily settled. Judicial tyranny, said he, was the worst form of tyranny, and he hoped it would never obtain in this country. Mayor Sawyer, on behalf of the councilmen, thanked the governor for his visit and the kindly expressions he had just uttered.
"Firm in the belief that the Federal Court had no jurisdiction to restrain them from proceeding in an orderly way to investigate charges of corruption against a city official, they listened to the evidence and declared the office vacant, and it was for this that they are in jail. 'Every great principle of government,' said he, 'has triumphed, if at all, at the cost of individual sacrifices, and if the good old democratic principle of home rule for which we stand shall, by this imprison- ment, become triumphant then shall our incarceration not have been in vain.'
"Councilman Billingsley thanked the governor for his stand in this matter, and for the many expressions of approval given by the state officers, judges of the Supreme and District Court, and many other citizens of the state. 'We be- lieve,' said he, 'we are right, and, standing for a great principle of home rule, the endorsement of our action by all good citizens of the state gives us great cheer and is a source of great satisfaction. We shall confidently await the decision of the Supreme Court of the United States to say that we are right.'
"No sooner had word that they were coming reached Lincoln than steps were taken to give them a fitting reception. The time was short, but the success of the event and large number who turned out demonstrated most clearly the position taken by the people of this city in this contest against the federal usurpa- tion of local authority. The city officers, the police and fire departments were out in force, together with a crowd of citizens, the whole headed by the Knights of Pythias band, and about half past 9 o'clock they proceeded in a body to the B. & M. depot.
"When the train rolled in cheer after cheer rang out upon the night air. As. many as could immediately mounted the car, and the meeting of old friends after years of separation could not have been more enthusiastic. The mayor and council were in charge of Deputy United States Marshal Allen, who, in pursuance of the order previously mentioned, immediately turned them over to
THE TEMPLE BUILDING, LINCOLN
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the care of his deputy, Major Hastings. When the councilmen were finally per- mitted to make their way out of the car they were hardly allowed to touch the ground before they were grasped by as many enthusiastic citizens as could get hold of them. As Mayor Sawyer appeared he was grasped by several strong arms, lifted above the heads of the crowd, and carried to the head of the pro- cession. When the vigor of the first meeting had slightly subsided the company moved toward the council chamber led by the band playing Boulanger's March. ' Arriving at this place the police and fire departments formed in lines on each side of the entrance way, and as each councilman passed their ranks he was greeted with hearty cheers."
Many of Lincoln's prominent citizens delivered enthusiastic addresses of welcome and encouraged the council in the belief that the day of their liberty was near at hand.
General Webster, being then called upon, made a few remarks welcoming the council to their accustomed places. The occasion, he said, was one of the best of evidences that the American people are capable of self-government. It is one of the fundamental principles of the Government under which we live that every municipality shall have the sole and uninterrupted administration of its own internal affairs, while to the General Government shall be relegated authority in affairs in which the whole country is involved, and between our own and other nations. The Federal Court, he believed, had no more power to interfere in the local affairs of this city than had a justice of the peace in the State of Iowa. The fine, whether large or small, was a matter of comparative insignificance ; but the principle of self-government could not be overlooked. The speaker referred briefly to the manner in which the whole proceeding of the last few weeks in respect to the council of the city had been conducted. No force had been used and everything had been done in the most quiet and deliberate manner. It was not necessary, as has before been done in the history of the world, to tear down the Bastile, for in this land we depend upon constitutional rights. It might have been possible to secure the desired writ from the Supreme Court of this state, but for fear of a clash between state and Federal authority it was thought best to appeal to the highest judicial body in the land. He had, he said, no doubt what- ever that the council would be discharged, and when they were the loyal citizens of this city would be out to celebrate the event with their biggest gun. At present the councilmen are still nominally prisoners. If the Supreme Court should de- termine that Judge Brewer had acted within his jurisdiction, it must be seen to that the representatives of this state in Congress promulgate an amendment to the laws. Such a condition of affairs must not be allowed to exist in a free country. In closing he extended to the members of the council each and every one the heartiest welcome, and assured them that if their fines were not remitted it would be seen to that not a cent thereof should come out of their pockets, and that in this matter of vindicating their rights they have the sympathy of every good citizen.
Responses were made by the mayor and different members of the council, and they repaired to their homes happy in the thought that they were for the time released from imprisonment.
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The case had created great interest not only in Nebraska, but throughout the United States. It had been widely commented upon by the press throughout the country, and, with the exception of the Omaha Republican, all the newspapers, so far as we know, were a unit in defense of the position taken by the council.
On the 12th of December, 1887, the case was most ably argued before the Supreme Court by attorneys G. M. Lambertson and L. C. Burr, who had filed elaborate briefs therein.
It was expected that on the second Monday thereafter the court would hand down its opinion, and it was thought advisable that the defendants should have a representative present, that, in the event the opinion should affirm the decision of the lower court, an appeal might at once be had to the President.
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