USA > Nebraska > York County > York County, Nebraska and its people : together with a condensed history of the state, Vol. I > Part 21
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On March 1, 1821. a committee of the house of representatives appeared before the senate of the eighth legislative session and announced that articles of impeach- ment had been prepared charging Gov. David Butler with misdemeanor in office and looking to his removal. Secretary of State, William H. James, was immedi- ately notified to assume the executive functions, and the senate convened as Tigh Court of Impeachment, on March 6th. With Governor Butler, appeared as his counsel, such illustrious legal lights of Nebraska's early bar, Clinton Briggs, T. M. Marquette and John I. Redick. Hon. J. C. Myers, J. E. Doom and De Forest Porter acted as managers of impeachment, with Experience Estabrook as counsel. Briefly summarizing the illegal and wrongful acts charged in these articles, stripped of all legal verbiage possible, the charges were:
First. Appropriating to his own use, a public lands warrant for $16.881.26. made payable to his order, as governor, by the proper department in Washington. Second. That, of a warrant for $3,750 issued for services of one M. J. MeBird as architect in furnishing plans and specifications for a state public building, said Butler arranged with MeBird to receive only $2,000, and he, Butler, to retain
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$1,750. And that for $1,828.25 for other services, two warrants of $914.13 each were issued, one received by MeBird and the other used by Butler. This count also narrated demands made upon D. J. Silver & Son in reference to the State University contract ; the leasing of saline lands to one Thomas F. Hall for payment of $5,000 to Butler; and a consideration of $750 demanded for appointment of Nelson C. Broek to office as treasurer of the university board of regents, and an attempted bribe in connection with location of state insane asylum.
Third. Inducing Auditor Gillespie to issue two $1,000 warrants as being for Attorney Champion S. Chase, for services, but appropriated by said Butler.
Fourth. That upon a contract for $88,000 with one Joseph Ward for building the insane asyhun, when the work was not completed upon the foundation in the time named, to be for $18,000, that he secured allowance of $45,000.
Fifth. That as a member of the board of regents he did become a party to a contract to D. J. Silver & Son for university buildings far in excess of appropria- tions therefor.
Sirth. That he falsely stated in response to a legislative resolution that he had deposited $16,881.26 received from the National Treasury.
Seventh. That he instructed State Treasurer James Sweet to let Anson C. Tichenor have a $10,000 loan of school money, without the assent of state treasurer or auditor, and upon wholly inadequate and insufficient security.
Eighth. Upon the appropriation of $648.13 of money from the Board of Immi- gration, paid into the treasury, but appropriated to his own use.
Ninth. Improperly executing patents to seventy-five sections of state land, to the Sioux City and Pacific Railroad, granted by the Legislature to the Nebraska Air Line Railroad Company.
Tenth. Sold a piece of land to one James Gerrens, for $1,920, of which he kept $1,120.
Eleventh. Sold lots in Lincoln to Andrew J. Cropsey, for $2,400 retaining a portion to himself.
To the above articles and specifications, Governor Butler made answer specifically and emphatically denying all articles, except the first, and to that he made a long answer in justification of his course; denying that he unlawfully and corruptly neglected to discharge his duties : that he did borrow the sum of $16,881.26 from the state, giving therefor mortgages in terms and under conditions specifically set forth in his answer.
Space forbids a detailed account of the trial, but may it be noted especially in behalf of this first governor of the state that he was acquitted of every charge except the first. The narration of these charges herein has not been made so much for the purpose of casting any undue reflection upon Governor Butler, but to show the many pitfalls that waylaid the early government of this state, as of every other state in those formulative periods of the various commonwealths. No doubt, the punishment and disgrace felt by this political patriarch of the state's early governmental period was felt as keenly in the removal from office that resulted from the verdict of guilt on this one charge at first glance, almost the most trivial and unsubstantial of the group. Governor Butler remained under this cloud until the Legislature of 1876-77 ordered all record of the famous impeachment trial expunged from its records.
The remainder of this administration, under the leadership of Secretary of State
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James, was not to be without more stirring events. An attempt was next made to impeach Auditor "Honest John" Gillespie, but these charges were soon with- drawn and the matter dropped.
An attempt was made in 1871 to provide the state with a new constitution, and a document formulated by a constitutional convention of that year, met defeat by a vote of 8,627 against to 7,986 for. It was generally conceded that certain amendments attached thereto, were not only defeated, but dragged the main effort to defeat with them.
The eighth (adjourned ) session of the Legislature, met on January 9, 1872. Much bitter and rancorous feeling had been engendered by the impeachment, or what his friends called persecution, of Governor Butler, by the attempt upon Gil- lespie, and many came to the defense of Butler, Gillespie and Kennard, the tri- umvirate regarded gratefully there, as guardians of the magie city, Lincoln. The defeat of the Constitution of 1871 was followed with an attempt in this Legis- lature to gain re-submission, and the relations of Acting Governor (Secretary) James with some of the members was not the most cordial. A deadlock ensued upon a resolution looking to re-submission of the constitutional questions, and the house attempted to adjourn on January 24th. Acting-Governor James, by proc- lamation attempted to declare the Legislature no longer in session, and his action was resented by the senate. and when it reassembled on the 21st, took up the concurrent resolution of the house and agreed to it on the 24th, and then attempted to declare the office of governor vacant, and adjourned on the 24th. In the absence of Acting-Governor James from the state, his enemies got busy, and President of the Senate, Isaac S. Hascall, by a proclamation attempted to call the Legisla- ture in special session on February 15th, for certain purposes. Notified by tele- graph. James immediately issued a counter proclamation annuling the Hascall call for a special session. A few members assembled, and a test case lodged in the Supreme Court went against them, and another interesting squabble passed into history.
Gov. ROBERT W. FURNAS' ADMINISTRATION. The election of 1872 brought to the executive chair of Nebraska, a man who had been identified with Nebraska political work since in 1856, he had removed from Ohio, and commenced the publication of the Nebraska Advertiser, at Brownville. With a record as colonel in the Civil war and Indian agent of the Omaha and Winnebago Indians, and very active record of very beneficent aid to agricultural and horticultural interests of the state. his entry into this high honor was welcomed.
1873. The ninth session of the Legislature convened on January 9, 1873. This session was made memorable by the first contest over the submission of a prohibition amendment to the constitution. In February a resolution was intro- duced in the house for the removal of the state capital. Hon. W. A. Gwyer was president of the senate, and D. IT. Wheeler, secretary; and in the house, M. H. Sessions, speaker and J. W. Eller, chief clerk. Governor Furnas vetoed a bill calling for another constitutional convention. The tenth session of the Legisla- ture was an extra one, beginning March 27. 1873. for the purpose of taking action on the boundaries of certain counties, more specifically outlined in the chapter on county organizations.
This year saw two destructive events, sad chapters in Nebraska history, one
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the terrible Easter storm, more fully treated elsewhere in this work, and the other. the first decidedly noticeable, general invasion of the state by grasshoppers.
1874. This year experienced a second general invasion of grasshoppers. The main event of this year was the general election, in which Silas Garber was elected governor, over Albert Tuxbury and J. F. Gardner.
GOVERNOR GARBER'S ADMINISTRATION. 1875. The eleventh session of the Legis- lature began January 7, 1875, with Hon. N. K. Briggs, as president of the senate, and D. H. Wheeler, as secretary and in the House, E. S. Towle was speaker, and G. L. Brown, chief elerk. Governor Garber had come to Nebraska from Cali- fornia in 1870, and settled in Webster County in 1870. He had a creditable war record, holding a captain's commission in an Iowa regiment. He had laid out the city of Red Cloud in 1872, been probate judge of Webster County and served that district as legislator. This session performed its most notable task in providing the state with a new constitution. It also witnesses a remarkable United States senatorial contest to succeed Senator Tipton, in which Algernon S. Paddock was eleeted.
The Constitution of 1875. A constitutional convention was held in 1825, which devised a constitution that has served the State of Nebraska for forty-five years. and which is thereby worthy of some close examination and careful reflection, and some little honor is due to its members. This constitution was adopted by a vote of 30,202 for and 5,474 against.
The vote upon this constitution is worthy of a place in our record, as it affords a good opportunity to panse and examine the growth of the state, and the numerous counties that had joined the Commonwealth since 1866.
Counties
For Against
Counties
For Against
Adams
729
21
Gosper
20
1
Antelope
235
8
llall
949
4
Boone
25
63
Hamilton
811
5
Buffalo
623
17
Harlan
321
9
Burt
523
180
Hitchcock
21
5
Butler
560
3
Howard
221
..
('ass
952
971
Jefferson
498
50
C'edar
227
78
Johnson
568
127
Cheyenne
264
6
Kearney
143
1
Clay
786
3
Keith
30
. .
Colfax
630
19
Knox
243
Cuming
830
12
Lancaster
2110
108
Dakota
262
35
Lincoln
463
16
Dawson
313
2
Madison
269
116
Dixon
363
46
Merrick
633
19
Dodge
859
218
Nemaha
913
161
Douglas
1883
350
Nuckolls
144
I
Fillmore
642
10
Otoe
640
999
Franklin
382
5
Pawnee
525
143
Furnas
266
Phelps
44
. .
Gage
633
215
Pierce
69
Greeley
12
. .
Platte
617
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HISTORY OF NEBRASKA
Counties
For
Against
Counties
For
Against
Polk
531
30
Thayer
335
10
Richardson
199t
60
Valley
65
13
Saline
1281
34
Washington
166
602
Sarpy
118
294
Wayne
59
1
Saunders
1110
172
Webster
395
9
Seward
928
36
York
766
6
Sherman
60
1
Stanton
44
96
30,202
3.474
A condensed synopsis of this Constitution which has been in effect forty-five years, was prepared in 1880 by Harrison Johnson of Omaha, and is worthy of a place in even so brief a chronicle of the state as this one.
"Distribution of Powers. The powers of the Government of this state are divided into three distinctive departments :- Legislative, Executive. and Judicial, and no person or collection of persons. being one of these departments shall exercise any power properly belonging to any of the others. Except as hereinafter expressly directed or permitted.
Legislative :- The Legislative authority is vested in a Senate and House of Representatives. (Article IV was taken up with an enumeration of the various counties that should constitute the twenty-six respective senatorial districts and fifty- two respective representative districts, in years since past increased to twenty-nine senatorial distriets and seventy-seven legislative districts, thus making this portion obsolete.) The membership of the House of Representativs was fixed at eighty- four, but could be increased by law ; never to exceed one hundred, nor the Senate to exceed thirty-three. The Senate and House of Representatives in joint con- vention shall have the sole power of impeachment. but a majority of the members elected must concur therein. The Legislature shall not pass local or special laws granting to any corporation, association. or individual, any special or exclusive privilege, imunity, franchise. whatever. Lands under control of the state shall never be donated to railroad companies, private corporations, or individuals.
Executire. The Executive Department shall consist of a governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney general and commissioner of public lands and buildings, who shall each hold his office for the term of two years, from the first Thursday after the first Tuesday in January next after his election, and until his successor is elected and qualified. The governor, secretary of state, auditor of publie accounts, and treasurer shall reside at the seat of the government during their term of office. and keep the public records, books, and papers there, and shall perform such duties as may be required by law. No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of thirty years, and been for two years next preceding his election a citizen of the United States and this state. All eivil officers of this state shall be liable for impeachment for any mis- demeanor in office. The supreme executive powers shall be invested in the governor, who shall take care that the laws be faithfully executed. The governor shall be eom- mander in chief of the military and naval forces of the state (except when they shall be called into the service of the United States), and may call out the same to execute the laws, suppress insurrection and repel invasion. In case of death,
ยท
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HISTORY OF NEBRASKA
impeachment, and notice thereof to the aceused, failure to qualify, resignation, absence from the state, or other disability of the governor, the powers, duties and emoluments of the office, for the residue of the term or until the disability shall be removed, shall devolve upon the lieutenant governor. The lieutenant governor shall be president of the senate, and shall vote only when the senate is equally divided. The salaries of the governor, anditor of public accounts, and treasurer shall be $2,500 each per anmun, and of the secretary of state, attorney general, superintendent of public instruction and commissioner of public lands and buildings, $2,000 each per anmun. The lieutenant governor shall receive twice the compen- sation of a senator.
Judicial. The judicial power of this state shall be vested in supreme court, district courts, county courts, justice of the peace, police magistrate, and in such other courts inferior to the district court, as may be created by law for cities and incorporated towns. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdiction in cases relating to revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law ; at least two terms of the supreme court shall be hell each year at the seat of the government. The judges of the supreme court shall be elected by the electors of the state at large, and their terms shall be six years, the state shall be divided into six judicial distriets (which has since been increased to eighteen judicial districts with thirty-two district judges) in which each shall elect one judge, for a term of four years. Salary fixed for supreme and district court judges at $2,500. ( By subsequent amendments raised, supreme court, $4,500 and district judges, $3,000). No judge of the supreme or district court shall receive any compensation, perquisite, or benefit for or on account of his office in any form whatever, ever act as attorney or counsellor at law, in any manner whatever : nor shall any salary be paid to any county judge.
Education. The governor, secretary of state, treasurer, attorney general and commissioner of public lands and buildings shall, under the direction of the legis- lature, constitute a board of commissioners for the sale, leasing, and general manage- ment of all lands and funds set apart for educational purposes, and for the invest- ment of school funds in sneh manner as may be prescribed by law. All funds belong- ing to the state for educational purposes, the interest and income whereof, only, are to be used, shall be deemed trust funds helt by the state, and the state shall supply all losses thereof that may in any manner accrue so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on U. S. or state securites, or registered county bonds of this state, and such funds, with the interest and income thereof, are hereby solemnly pledged for the purpose for which they are granted and set apart, and shall not be transferred to any other fund for other uses. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds, set apart for educational purposes ; nor shall the state accept any grant, conveyance or bequests, of money, land, or other property, to be used for sectarian purpose. The Legislature may provide by law for the establishment of a school or schools for the safe-keeping, education, employment, reformation of all children under the age of sixteen years who for want of proper parental eare, or other cause, are growing up in mendicancy or crime.
164
HISTORY OF NEBRASKA
Counties. No new county shall be formed or established by the Legislature which will reduce the county or counties, or either of them to a less area than 400 square miles, nor shall any county be formed of a less area. No county shall be divided, nor have any part stricken therefrom without first submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same.
Railroad Corporations. Railroads heretofore constructed. or that may hereafter be constructed in this state, are hereby declared publie highways, and shall be free to all persons, for the transportation of their persons and property thereon, under such regulations as may be prescribed by the law. And the Legislature may from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. The liability of railroad corporations as common carriers shall never be limited.
Municipal Corporations. No city, county, town, precinct, municipality or other subdivision of the state shall ever become a subscriber to the capital stock or owner of such stock or any portion or interest therein, or any railroad or private corpora- tion or association."
The Bill of Rights of this Constitution has served its purpose sufficiently well that in 1920, the Constitutional Convention allowed it to remain intact, offering one or two changes and an addition. This wonderfully drawn document of twenty-six sections : 1, established equal rights of persons ; 2, prohibits slavery : 3, provides no person shall be deprived of life, liberty or property, without due process of law ; 4, guarantees religious freedom : 5, guarantees freedom of speech and press ; 6, provides trial by jury shall remain inviolate, and a jury of not less than twelve may be authorized : 7. search and seizure clause : 8. habeas corpus shall not be suspended ; 9. bail allowed except for treason and murder: 10, indictment and information for criminal offenses : 11. rights of accused guaranteed : 12, no person compelled to give evidence against himself, or be placed twice in jeopardy: 13, justice shall " be administered without delay ; 14. defines treason, 15, penalties restricted ; 17. military power in strict subordination to civil power; 18, soldiers not quartered on citizen in time of peace: 19. right of petition and peaceful assemblage shall not be abridged; 20, no imprisonment for debt ; 21, no private property taken for public use without just compensation,; 22, free elections and use of elective franchise; 23, writ of error fortified; 24, appeals in civil cases not to be denied ; 25. no distinction to be made in property rights of aliens, and 26. powers not enumerated in this constitution retained by the people.
The personnel of this convention presented names of numerous members who later became very prominent in Nebraska's public affairs. The president of the convention, John Lee Webster, is forty-five years later one of the leading members of the Nebraska Bar and one of the steadfast patrons of Nebraska's Historical Society and all efforts to preserve Nebraska's records and story. Its secretary, Guy A. Brown, later served as clerk of the supreme court and state librarian. A son of one mem- ber. A. J. Weaver, of Richardson County, in 1920, served as president of the next Constitutional Convention. Another member, O. A. Abbott, also a member of the Convention of 1871, and the state's first lieutenant governor, is still practicing law in Grand Island, in 1921, after fifty-three years active practice at the Hall County Bar and indefatigably supported the 1920 series of amendments, with few exceptions.
165
HISTORY OF NEBRASKA
Three members of this body became United States Senators, M. L. Hayward, Chas. F. Manderson and C. II. Van Wyck. Two, J. E. Boyd and J. W. Dawes became governor of the state. Several, Jefferson H. Broady. S. B. Pound, Samuel Maxwell. M. B. Reese. W. II. Manger, A. J. Weaver, became judges of the state and federal courts : and two or three became members of Congress, and a dozen others very prominent in the various walks of life.
The members of this convention were :
John Lee Webster, President
O. A. Abbott
James W. Dawes
J. H. Sauls
Samuel Maxwell
R. F. Stevenson
A. G. Kendall
Andrew Hallner
Jacob Vallery, Sr.
S. Il. Coats
Luke Agur
J. E. Doom
(. II. Frady
John McPherson
S. R. Foss
Charles F. Walther
J. D. Hamilton
(. 11. Van Wyck
R. C. Eldridge
J. P. Becker
W. L. Dunlap
Joseph Garber
W. II. Manger
Jefferson II. Broady
A. M. Walling
James Harper
S. B. Pound
J. G. Ewan
J. E. Boyd
M. 1 .. Hayward
C. H. Gere
J. II. Perry
Charles 11. Brown
T. L. Warrington
Robt. B. Harrington
Isaac Powers, Jr.
James Laird
Clinton Briggs
D. P. Henry
Henry Grobe
(. W. Pieree
S. F. Burch
A. J. Weaver
J. B. Ilawlev
M. B. Reese
C'has. F. Manderson
H. H. Shedd
B. I. Hinman
Edwin N. Grenell
S. M. Kirkpatrick
S. H. Calhoun
M. W. Wilcox
A. II. Conner
W. M. Robertson
Frank Martin
George S. Smith
M. R. Hopewell
George L. Griffing
John J. Thompson
E. C. Carns
J. F. Zediker
W. B. Cummins
Josiah Rogers
1. W. Matthews
W. Il. Sterns
C. E. Hunter
William A. Gwyer
L. B. Thorne
T. S. Clark
Guy A. Brown, Secretary
(. L. Mather, Assistant Secretary
1876. The grasshopper scourge, which had continued through 1825, was still a perplexing problem to the people of Nebraska, and in October of this year a meeting of numerous western governors was called to discuss this trouble. In the political campaign of this year Governor Garber was renominated and re-elected.
The twelfth session of the legislature was called to meet on December 5, 1876, to pass upon the question of the legality of the election of Amasa Cobb to the oflice of presidential elector, and Judge Cobb was chosen by ballot, in joint con- vention of both houses. The thirteenth session was held on the same day, December 5. for the purpose of canvassing the popular vote cast for the state ticket and congressmen.
1877. GOVERNOR GARBER'S SECOND ADMINISTRATION. The fourteenth session of the Legislature convened in regular session, Jannary 2, 1872. The Senate, with the advent of the lieutenant governor as a state officer now took a little different form in its presiding officiate. Lieutenant Governor Othman A. Abbott became the regular presiding officer, Senator George F. Blanchard became President pro tempore, and D. H. Wheeler was secretary. In the House, Hon. Albinus
166
IHISTORY OF NEBRASKA
Nance was speaker and B. D. Slaughter, chief clerk. In the usual contest for United States Senator, Ex-Governor Alvin Saunders won. Another energetic attempt to remove the Capital from Lincoln ensued. and failed, and this question quieted down until 1911. One of the important pieces of legislation at this ses- sion was the passage of a bill forbidding the sale of intoxicating liquors within three miles of any place where a religious society was assembled for religious worship in a field or woodland. Grasshopper legislation played an important part. Other subjects were the creation of a state board of immigration, and provisions regulating the submission of amendments to the Constitution.
1828. In May of this year, Judge Daniel E. Gantt, chief justice of the state supreme court died, and in a few days following, Hon. Amasa Cobb was appointed to fill the vacancy on that court. The President approved the bill in June, to permit holding United States district and eirenit court at Lincoln. Steps were taken in August toward the organization of a state historical society. The banner of the republican state ticket was led in this year by Albinus Nance as the vie- torious gubernatorial candidate.
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