Omaha daily bee., 1895-09-08
DOCTORED TIE CONTRACT
Beemors Compact with the State Amended
by mterlineation.
PENlTENTIARY AFFAIRS At A DEAD HALT
Supplies to lie Cut on by the Board
of Public Lands ana Buildings
to stnrve Lcidiph Into
Submission.

LINCOLN, Sept. 7.-(speclal)-Prlson Con-
tractor A. ID. Beemer ran against another
snag today in his march toward the peniten-
tiary Job. But 1t is no fault Of Mr.. Beemer's,
but is owing to the reckless haste of Land
Commissioner Russell. 1t transpires that
Becmers 100000 is now utterly worth
less. The contention of Warden Leidigh and
others that Beemcr's contract authorized him
TO draw 40 cents per day per capita for the
maintenance of the convcts at the prison set
the members Of tho board to thinking seri-
ously. The bond had been approved on
Thursday and nled yesterday with the secre-
tary Of state. The sgners OF the bond are
held only upon the terms Of the contract as
it existed at the time they signed it, Yet
while the bond thus signed was lying quietly
in the vault Of the secretary of states office,
the Board Of Public Lands and Buildings, or
possibly Russell himself, amended the con-
tract in a most vital particular and one
which makes a radical change in Its original
terms. One of the most prominent attorneys
in the city OF Lincoln said TO a correspondent
OF The Bee today that Beemer's bond, under
these circumstances, was not worth the paper
1t was written upon. But this is defect
easily remedied, and doubtless within forty
eight hours MIR. Beemer will have a new
bond in the hands Of the secretary of state
No attempt was made by Becmer today to
take possession of the pcnitentary. 1t is
thought that the process of starving out the
convicts has been inauguratod. a notice mas
been published omanating from the board, di-
rectlng all dealers TO the fact that no bills
for prison supplies will be paid unless they
have been ordered by Beemer.
GOVERNOR HOLCOMBS POSITION.
Governor Holcomb today said to The Bee
correspondent:
"You may quote me as saying that l am
inclined to stand by Warden Leidigh in this
matter. l do not think the Board of Public
Lands and Buildings has any more right to
take possession of the penitentiary under the
contract system than 1t has the Lincoln Hos
pital for the Insane or the Boys Industrial
school at Kearney. The whole intent of the
bill as passed by the legislature was to annul
the contract system, and 1t was with this
understanding l signed it, There Is nothing
in the title which implies that any other
object was to be subserved. The three or
four lines in the bill which purport to au-
thorize the board to lease the prison labor to
contractor 1 believe will be held void by
the courts. Under the old law, by which
Stout and Mosher were given contracts, 1t
was possible to make these leases, but the
act passed last winter, house roll No. GOT, re-
peals all acts and parts of acts in conflict
with the provisions of this act"
"What do you think will be the result of the
present complications"
II believe the whole matter will get into
law authorizing contracts Of prison labor viii
be declared nugatory"
State Auditor Moore was asked what po
siton he would take in case an attempt was
made to draw warrants to maintain the con.
victs by Warden Leidgh He said:
'I have been in hopes that the parties tc
this unpleasant controversy would get to-
gether and fix up the matter. 1t certainly
places me in an unenviable situation. l am
here to draw warrants on vouchers approved
by the Board Of Public Lands and Buildings
for all penitentiary supplies. Without sTcf
approval l am powerless. There may be ar
attempt to throw the whole responsibility or
my shoulders, but trust 1t will be arranged
satisfactorily all around"
Deputy Attorney General Day was seen II
regard to the legal aspect Of the case. Ir
answer to a question as to how the matter
could be brought before the court he said
II should think 1t would have to be by
mandamus to compel either one party or the
other to do something which 1t now refuses t.
do. Warden Leidigh might proceed to compe
the Board Of Public Lands and Buildings tC
furnish supplies for the prisoners, and thi.
might open the merits Of the case and forct
him to show his authority"
That the title to the act passed to buy ou
Contractor Dorgan's prison property does no
include any implication Of other powers con
ferred in the body Of the act is quite ap
parent. The title reads follows:
IAN act to annul contract between the
state of Nebraska and w. II. Dorgan, ALLEGED
assignee Of C. w. Mosher, for leasing the
pententiary penitentiary grounds and con
vict labor OF the state of Nebraska, and t
appropriate the sum of $35 900 or so mucl
thereof as may be necessary to carry into
effect the provisions of this act and to repea
all acts and parts of acts in conflict with the
provisions Of this act"