Omaha daily bee., 1895-03-30
BILL DORCAN TO BE OUSTED
House Recommends for Passage Bill Look
ing to that End.
STATE TO RUN ITS OWN PiNlTeNTlARY
Control OF Convict Labor to BE Vested In
tho State Board of Public Lands
and Buildings in the
Future.

ana Buildings In the
Future.
LINCOLN. March 29.-(Special ASIDE
from the passage of the sugar bounty bill
over Governor Holcombs veto, the most i'm
portant business transacted by the house
today was its action on Judl's penitentilry
bill, house roll No. COZ, to "annul the con-
tract with w. II. Dorgan." De-
bate on the bill ELECTED consider
able interest. AS Davies remarked
on the floor, this was the first time the state
has ever condescended to recognize Dorgdns
alleged contract. Originally the measure pro-
vided that the Board of Public Lands and
Buildings should appoint one appraiser of
Dorgan's property, Dorgan another and the
two third, who should act umpire. This
was amended by Richards to the effect that
the governor should appoint the umpire and
the amendment prevailed.
Munger said the legislature could do rcth-
ing in the way Of taking property from
Dorgan. Only the courts could do that. He
insisted that this legislature could do Moth
ing, in fact, without Dorgan's permission.
Richards asked Munger IL he held that Dor
gan had contract with the state.4 Munger
lodged the point, but Insisted that the prison
contractor was amenable only to the courts
and that the Nebraska legislature was pow
crless to oust him.
Burch held that an. investigation would
reveal that Dorgan had an assignment of
Mosher's contract in his pocket. ....
Richards came to the front with another
amendment to the effect that IL Dorgan
faied to appoint an appraiser, as suggested
by Munger. then the two appraisers appointed
by the Board of Public Lands and Buildings
a hn OBJ ,,IA ahA ,r,ts
| the property and eject Dorgan from the
| premises.
| Munger said this could not lie done. He
| argued that Dorgan's position was well nigh
| impregnable, and totally so as far as this
| legislature was concerned.
| McNitt spoke freely in favor of the bill,
| and ridiculed the idea that under the laws Of
eminent domain party could take possess
sion of state institution and defy the
| people.
Robinson spoke in behalf of Dorgan, as did
| nearly the entire Lancaster delegation. Rich
ards answered Robinson with energy. He
said that we should not regard a little ex-
| pense when we were required to do right.
He believed that Mosher, who had robbed
people Of hundreds of thousands, was now
supporting his family on money received
| from the state he had despoied.
| Then Burns of Lancaster declared that If
| the state went to law with Dorgan it might
| take years to decide the question Kaup.
|
oust him by legal process, and Richards re-
piled that that would be four years sooner
| than to wait four years for the alleged con-
! tract to expire. What would be gained by
| waiting? Munger replied that at the termi-
nation of the contract Dorgan could lay
| claim to nothing but his property. Richards
| failed to ask what else he could lay claim to-
but he did say that four years time would
have been gained. Richards amendment pre-
| vailed.
BILL AS FINALLY AMENDED.
Following is the text of the bill as recon-
mended for passage:
Whereas, BY an act of the legislature OF
the state of Nebraska March 2, 1887. the
penitentiary, penitentiary grounds and con-
vict labor of the statesof Nebraska (Which
contract was afterward assigned to G.. w
| Mosher) was extended for the period of ten
years from the first day of October, 1889
and .l-.--
Whereas, Said contract has since beer
! assigned to W. H. Dorgan, who Is now the
holder and owner thereof. and
Whereas. 1t is desirable that said con-
| tract should be annulled and set aside be-
fore the same expires by limitation, there
fore
Be 1t Enacted by the Legislature Of the
State of Nebraska:
and Buildings of the state of Nebra ska
SHALL within thirty days from the day this
act takes effect select a competent person
resident of this state, to act as an appraiser
for and on behalf of the state of Nebraska
and within said thirty days w. H. Dorgan
the present alleged assignee of said con-
competent person, resident of this state. tC
act as an appraiser for and on behalf OF
said Dorgan, his heirs or assigns. Within
thirty days from the time said appraisers
are chosen and they have accepted the
position of appraisers, the governor shall
select a competent person, likewise resi-.
dent of this state, to act as umpire. Said
appraisers and umpire shall each take and
subscribe an oath to faithfully and Impair
TALLY perform the duties devolving upon
them under this act Immediately upor
said appraisers and umpire being selected
and sworn said appraisers shall make an ap
praisal of the cash value Of said contract
for Its unexpired term, and also ap
praisal of the cash value of all the prop
erty owned by said Dorgan and located al
said psnitentary and Pent,entiary grounds
contract has been in force. In case SAID
appraisers shall fail to agree upon the value
of said contract, or Of any of said property
they shall submit their matters of differ
ence to said umpire. and his decision upoT
the matters submitted to him shall
If the said Dorgan does not appoint az
the Board A Of Puelc Rands and spi9ifd BUILDING 9
shall m appraise the interest Of 81 the he said aid Dor T
gan and thereupon shall tender to sait
and upon the failure of said Dorgan to &C
cept the amount rendered the governor !!
hereby authorized and empowered to- taxi
eject said Dorgan, hereby being empowered
to employ the necessary counsel 70 carry
out the provisions Of this ac.. When saiC
appraisal is completed 1t shall be signed
by said appraisers and umpire in duplicate
one copy shall be filed with the commits
sioner OF Public Lands and Buildings ant
one copy shall be fled with the auditor o
public accounts. Upon said appraisal beini
filed with the auditor of public accounts
. he shall draw his warrant on the stat
treasurer for the amount of said award
after said claim has been audited and ap
proved as required by law. and the treas
urer shall pay the said warrant out o
the fund hereby. appropriated after deduct
ing the cash value of supplies turned owe
to w. III. B, Stout as per inventory filed II
the office of the secretary OF state. and tn
cost of constructing the fifty cells.
Sec. 2. All existing contracts for convic
labor made by individuals corporations o
! copartnerships with the said Dorgan o
his assignor shall remain in full force an,
unaffected by this act save that the com
! pensaton for such convict labor shah b
, have been paid instead of to the SAT-
|