NEGenWeb Project
On-Line Library
Chief Red Cloud and Wife.
324
NEBRASKA HISTORY MAGAZINE |
325 |
In Black Hills, South Dakota: Ardmore, Hill City and Preston.
In Montana: Belfry, Harlowton, Mossmain, Silesia, Bowler, Edgar and Grey Cliff.
In Wyoming: Garland.
Organized Sunday Schools in inland villages in Nebraska: Nye, Deloit, Norris, Baker, Carns, Naper, Burton and Gross.
In Montana: Maiden, Alzada, Lame Deer, the Cheyenne Indian Agency, Pryor on Indian Sub‑agency, Coburn on Indian Sub‑agency and Chance.
SUPPLEMENT TO CHAPLAIN FRADY'S STORY
(The original manuscript of Chaplain Frady was entirely devoted to his years in the missionary field. It ignored his services in the Nebraska Constitutional Convention of 1875 and in the legislature of 1877. To remedy this omission the editor of this magazine sent a list of questions to Chaplain Frady at Long Beach, California, in the summer of 1927. The questions and Chaplain Frady's answers follow).
Question No. 1.
WHAT IS YOUR OWN RECOLLECTION OF THE U. S. SENATORSHIP FIGHT -- THE CHARGES OF CORRUPTION BY RAILROADS, THE ATTITUDE OF ROSEWATER AND HITCHCOKI AND THE REASONS WHY SAUNDERS WAS FINALLY CHOSEN?
The U. S. Senatorial fight in the Nebraska State Legislature, 1877, of which body I was a member, was a bitter and an unwarranted one against the Hon. P. W. Hitchcock. He was assailed by Rosewater, Editor of the Omaha Bee, and others, intimating that Hitchcock was a tool for the B. & M. Railroad which was furnishing money to secure his election.
The scheme for Hitchcock's defeat was a malicious concert of action, as shown, vis:
FIRST: That S. V. Moore's introduction in the House, a Preamble and a Resolution, making charges against a certain railroad or person for corrupt use of money, etc. (See House Journal, page 179). Said Preamble and Resolution were withheld until January 16. The next day, January 17, the Senate and House met in joint convention and proceeded to ballot for U. S. Senator. Thus, less than twenty‑four hours was given to
326 | NEBRASKA HISTORY MAGAZINE |
investigate or to counteract the charges. The following day, January 18, the test vote was taken of which
Hon. Alvin Saunders received 45 votes |
} | See House Journal |
Hon. P. W. Hitchcock received 36 votes |
pp 197-8. |
A Comparative View of Voters Balloting For U. S. Senator In Joint Convention At 12 O'Clock, January 18 (See House Journal, pp. 197-8).
For Hon. Alvin |
For Hon. P. W. |
For Hon. Jas. W. |
Saunders 45 votes: |
Hitchcock 36 votes: |
Savage 26 votes: |
36 South of Platte R. |
24 South of Platte R. |
1 South of Platte R. |
9 North of Platte R. |
12 North of Platte R. |
25 North of Platte R. |
21 Voters were Farmers |
12 Voters were Farmers |
10 Voters were Lawyers |
9 Voters were Lawyers |
9 Voters were Lawyers |
8 Voters were Farmers |
7 Voters were Merchants |
2 Voters were Stockmen |
2 Voters were Merchants |
2 Voters were Physicians |
2 Voters were Physicians |
2 Voters were Railroad Men |
2 Voters were Millers |
3 Voters were Grain Dealers |
1 Voter was Real Estate |
1 Voter was Real Estate |
2 Voters were Surveyors |
1 Voter was Physician |
1 Voter was Lumberman |
1 Voter was Brickmaker |
1 Voter was Blacksmith |
1 Voter was Editor |
1 Voter was Miller |
1 Voter was Lumberman |
1 Voter was Raliroadman |
1 Voter was Foreman car |
--- |
--- |
1 Voter was Educator (Shop) |
26 |
45 |
--- |
|
|
36 |
Total Republican voters
south of the Platte -- 6O, Democrat -- 1.
Total Republican voters north of the Platte -- 21, Democrat -- 25.
South of the Platte had nearly 3 Republican votes to 1 north of the Platte R.
Saunders received 3/5 of the South Platte Republican vote.
Hitchcock received 2/5 of the South Platte Republican vote.
Therefore, hypothetically speaking, if the B. & M.'s money was used in securing the election of a U. S. Senator, it must have been expended in favor of Saunders.
SECOND: (My personal criticism). Mr. Speaker was a Saunders' man (See House Journal, p. 188). To have shown impartial justice to Hitchcock, Mr. Speaker should have appointed on the Investigating Committee of the charges of said Moore's Preamble and Resolution (See House Journal p. 179). The Speaker appointed on such special committee, Messrs.
{ | Moore ‑‑ Republican ‑‑ a Saunders' man. | |
3 |
Anyan ‑‑ Republican ‑‑ a Saunders' man. | |
Fitchpatrick ‑‑ Republican ‑‑ a Saunders' man. | ||
1 |
Clark ‑‑ Republican ‑‑ a Hitchcock man. | |
1 |
Gibson ‑‑ Democrat ‑‑ a Savage man |
NEBRASKA HISTORY MAGAZINE |
327 |
There were outspoken supporters of both Saunders and Hitchcock. That two committeemen for each Senatorial candidate should have been appointed. Whether Mr. Speaker appointed said committee inadvertently or not, it looks a "little fishy."
Said special committee of investigation submitted their report (See House Journal, pp. 413‑14‑15‑16). They, in conclusion, said: "That there is no evidence that Mr. Hitchcock or any other of the candidates used any money to corruptly influence the election of a U. S. Senator at the late Senatorial election.
Signed‑‑‑ |
S. V. MOORE, |
|
WM. ANYAN, |
||
J. S. GIBSON, |
||
LORAN CLARK, |
||
W. W. FITCHPATRICK, |
||
Committee. |
The report of said committee was made on February 7th, nineteen days after the election of Hon. Alvin Saunders, U. S. Senator. One thousand copies of said report were printed and placed in the hands of the members of the Legislature.
THIRD: Act of the scheme to defeat the election of Hon. P. W. Hitchcock, was disclosed in the report of the committee, viz: That one J. D. Flanigan, a clerk in the principal office of the B. & M. R. R. Company in Omaha, had forged certain letters, etc., stating that the said railroad company had authorized the use of said company's money in the election of a U. S. Senator. The inference expressed by the Saunders' adherents was that Hitchcock was the company's choice. Said forged letters were withheld from Mr. Hitchcock until the 14th day of January, thus giving only three days before the final election of the U. S. Senator for him to prove that said letters were forged. That there was no chance for Mr. Hitchcock or his friends to counteract the prejudice thus made against him.
I give the foregoing three recorded acts in evidence. There were many other injudicious claims and acts done derogatory to Mr. Hitchcock. I decline at this late date to mention any. I was then and am now, reconsidering the matter, firmly of the belief that a malicious scheme was carefully carried out to defeat Hitchcock's election. I had no malice against Gov. Saunders.
Question No. 2.
DID IT SEEM TO YOU THE RAILROADS WERE ACTIVE IN POLITICS, IN WHAT WAY AND WHY?
O. P. Mason, in speaking about railroads, said: "The railway power is the most dangerous power existing in this country today." I suppose he was in a way directing the thought of that Constitutional Body, 1871, to the attitude and the power exerted by the Union Pacific Railroad in the affairs of the state. The voters of Nebraska in the seventies had become so incensed over the dominating influence of the Union Pacific R. R., which the several railroad companies were aware of. To my recollection, neither of the railroad companies undertook to subordinate any of their respective employees from their free choice in the election of any candidate for the Legislature of 1877. It is reasonable to suppose that railroad corporations, as well as in
328 | NEBRASKA HISTORY MAGAZINE |
dividuals, are alert to their best interests. Said corporations are politic. Their relation and support to either of the political parties is not the name, but the question: Which party if in power will serve our interests the best.
The B. & M.'s lines of roads were mostly south of the Platte River, 1877. It is supposable that the company was concerned in political affairs of the state.
T. M. Marquett, in charge of the B. & M.'s affairs at Lincoln, Nebraska, (a friend of mine) with whom I had several conversations, never expressed to me the choice of his or the company's for U. S. Senator, or of any particular measure to be acted upon by the Legislature then assembled.
So far as I know, all members of the Legislature held "passes' on all roads of the state.
Question No. 3.
THERE WAS NO NEBRASKA BANKING LAW IN 1877. BILLS WERE INTRODUCED THEN. CAN YOU GIVE SOME RECOLLECTIONS OF THE BANKING BUSINESS AND MONEY BORROWING AS DONE THEN? IT WOULD BE VERY VALUABLE.
By an act of Congress, the Comptroller of Currency is required to make to Congress an annual report stating the resources and liabilities, exhibiting the condition of the banks, banking companies, and savings banks, organized under the laws of the several states and territories. The Comptroller's report, as demanded, had to be made from the official statements made to him by the states and territories, up to 1877, and the assembly of the State Legislature. The Governor, in his message, asked that an act he passed requiring that banks, banking companies and savings banks doing business in the state, to annually report, under oath, to the Auditor of Public Accounts on their condition, showing their resources and liabilities; that henceforth the Auditor could furnish the Comptroller the information required. Senate File No. 40 was passed and signed by the Governor on the 15th day of February, 1877, covering the requirements in detail.
By said Senate File No. 40, certain pernicious actions on the part of loaners and borrowers of money, and interest charged, were rectified.
Up to that date a party loaning money for an excessive rate of interest, by legal action, if brought, would lose the entire interest.
Banks and loaners of money ‑‑ where excessive interest was desired, they got around the matter to‑wit: If one hundred dollars was loaned for six months, would take the borrower's note for full amount bearing legal interest and hand to borrower, say, $95.00.
Money is King, from time immemorial. The usury business has been hard to control by law. The law may have long and sharp teeth, but there are adept dentists near at hand to extract them.
Well do I remember the money conditions of the early settlements of Nebraska. Even in case of dire need it was exceedingly difficult for the average homesteader to secure a loan at all. If successful, he was required to sign a cut‑throat note
NEBRASKA HISTORY MAGAZINE |
329 |
including attorney fees and cost of collection if not paid at date of maturity, the case often being the borrower did not receive as much cash as the note called for.
Generally, the bank resources were very limited and necessarily had to be well guarded. The settler's homestead lands could not be filed upon by ahy action of law and his personal property did not exceed the exemption. Crops were uncertain ‑‑ hot winds, the grasshopper, prairie fires, early frosts and rain and hailstorms ‑‑ each liable to destroy part or all of said crops. And often the blizzard was death to man and beast. All considered, it was difficult to secure much of a loan.
Sickness, death, destruction by fire and the elements, often the "wolf‑at‑the‑door", made it desperate to many a person. Custodians of public funds were besieged by near kin or others who had previously befriended them. Often the public funds were handed out and too often not repaid. Thus custodians were defaulters and their bondsmen bankrupted.
Question No. 4.
ATTEMPT TO REPEAL THE DELINQUENT TAX COLLECTOR LAW OF 1875 FAILED. YOU VOTED AGAINST REPEAL. DO YOU RECALL (AS I DO) THE HARDSHIPS OF HIGH INTEREST AND COSTS OF THIS COLLECTOR AND HOW THE PEOPLE COMPLAINED?
See House Journal p. 136. Mr. Love introduced House Roll No. 20 to repeal the office of delinquent tax collector. Said Bill was read three times and would have passed the House by a large majority, but was lost by a vote of 67 nays against 12 yeas. The reason was that Senate File No. 40, being a facsimile Bill, had just passed the House. In order to expedite the matter, the Senate Bill was accepted in lieu thereof and was regularly passed by the House by 64 yeas, 15 nays. You can see that I voted "Nay" on H. R. No. 20, but voted "Yea" on Senate File No. 40. The popular resentment and attitude against said tax collector was fully considered by both branches of the Legislature and denounced.
Question No. 5.
DAVID BUTLER. THE HOUSE VOTED TO EXPUNGE RECORD OF HIS IMPEACHMENT. CAN YOU GIVE SOME RECOLLECTION OF THIS AND YOUR OWN VIEW OF GOV. BUTLER AND HIS ACTS?
It is improper to undertake to justify wrong, but a forgiving spirit is commendable!
David Butler was elected Governor of Nebraska in 1866 by popular vote, 4,093. J. Sterling Morton, his opponent, received 3,948 votes.
For second term, Butler received 8,576 votes; his opponent, J. R. Porter, received 6,349 votes.
For third term, 1870, Butler received 11,126 votes; his opponent, John H. Croxton, received 8,648 votes. These comparisons show that David Butler had the good will and the confidence of the majority of the voters at large.
According to my judgment, it was a mistake of Mr. Butler to aspire for a third term as Governor. If his administration
330 | NEBRASKA HISTORY MAGAZINE |
acts as Governor, either first or second term, in any sense had been irregular and illegal, or his third campaign had been conducted unfairly or in a corrupt manner, he surely ought to have known that "hounds were on his track", and their hunger would not be satisfied short of his blood poured out on the altar of impeachment.
House Roll No. 216 introduced a joint resolution to expunge from the records of the Eighth Session of the Nebraska Legislature the impeachment trial of said David Butler as Governor.
The arguments on the floor of the House, 1877, in support of said joint resolution, were favorable to the purport of the Bill. The vote on said joint resolution as the final passage of the Bill was: Yeas, 56; Nays, 19. The Senate passed the Bill. Mr. Speaker signed the Bill. Also did Governor Garber sign the Bill February 15, 1877.
The GOOD WORD, Isa. 58:6 says: "To loose the bands of wickedness, to undo the heavy burdens, and let the oppressed go free." It was a gracious act in behalf of Governor Butler. Why let him go down to his grave under a cloud?
Question No. 6.
THERE WAS A FIGHT OVER THE ABOLITION OF OFFICE OF CO. SUPT. PUBLIC INSTRUCTION. HAVE YOU ANY REMEMBRANCES OF THIS? WHY WAS THERE OPPOSITION TO THE OFFICE?
The abolition of the office of County Supt. Public Instruction -- two bills, House Rolls Nos. 39 and 96 were introduced. House Roll No. 39 offered, in lieu of said office, the organization of Boards of Education.
House Roll No. 96 asked for an act to abolish the office and to provide for the discharge of the duties of that office.
Both Bills were referred to the committee on schools, of which I was chairman. The committee, after the consideration of the two Bills, recommended a substitute Bill, to‑wit: That an act be passed providing for the election of the County Superintendent of Public Instruction, defining his qualifications and regulating his compensation. The substitute Bill was finally adopted, bearing amendments thereto. And on the question: Shall the Bill pass? the vote resulted: Yeas, 34; Nays, 40. The Bill was lost by a majority against it. Accordingly, the whole matter remained as the Statutes of the State provided.
Arguments for abolishing the office on the following premises were to‑wit:
1. That, often disqualified persons were elected to fill said office.
2. That favoritism, in many instances, incompetent persons were granted license to teach in the public schools.
3. That the County Superintendent could of his own will and discretion visit the schools of the county as often as he chose, thus increasing his per diem compensation.
4. That an Educational Board could discharge the duties of said office for less expense and more satisfactorily.
Rebuttal arguments were based as follows:
NEBRASKA HISTORY MAGAZINE |
331 |
1. That the office of Superintendent of Public Instruction should be taken out of politics, his qualifications defined and, his compensation justly regulated.
2. That the Superintendent should keep in his office for public inspection, a full and complete record of examinations; of all applicants applying for certificates to teach school in his respective county, and that said applicants must pass on the uniform questions given out by the State Superintendent of Public Instruction; and that certificates should be graded by the knowledge and answers of the applicants to said list of uniform questions.
3. Conceding beforehand, that said Board of Education would be competent to determine on the nature and correctness of the answers to the set questions of an applicant for certificate to teach, and his talent might be admired, but his tact to teach and govern is only manifest in the schoolroom and found out by personal contact.
4. That said Educational Board would be able to meet only at centers throughout the state, thus rendering it impossible for many qualified teachers of different and out of the way counties to attend the places where public examinations were announced to be held.
How about the disputes of School District Boards? How about finding out the truth made against teachers, or the sanitary conditions of schoolhouses and grounds? Boards inadequate. Superintendents adequate.
Question No. 7.
WHO MADE THE STRONGEST IMPRESSION ON YOUR MIND OF REAL LEADERSHIP OF THE MEN YOU MET IN 1875 AND 1877 AND WHY?
According to my judgment, Hon. Chas. H. Manderson was the ablest leader among the members of the Constitutional Convention of 1875. There were several very influential men members of that body, viz: John Lee Webster, Prest; Judge Samuel Maxwell; Lieut. Governor O. A. Abbott; Editor C. H. Gere; Hon. C. H. Van Wyck; Judge A. J. Weaver; J. E. Boyd; Jas. W. Dawes; Attorneys B. I. Hinman, Chas. H. Brown, W. M. Robertson. In fact, the Constitutional Convention was made up of men of good repute and acknowledged political leaders throughout the state, and of their respective localities.
Nebraska State Legislature of 1877. The Senate Body had honored members of other Nebraska State Bodies, viz: O. A. Abbott was a member of the State Constitutional Bodies of 1871 and 1875, and was Lieut. Governor at that date. Also Judge A. J. Weaver and Hon. Beach I. Hinman were members of both of said Constitutional Bodies (1871‑1875). Attorney Chas. H. Brown, Hon. Jas. W. Dawes (afterward Governor of Nebraska) and Senator C. H. Van Wyck were members of the Constitutional Convention of 1875. The continued elected positions of the above named members of the Senate, 1877, would infer that they were capable and influential men. It is proper to concede that Hon. Albinus Nance, chosen Speaker of the House, 1877, and afterwards elected State Governor, ranked high in state leadership above any other member of that body.
© 2004 for the NEGenWeb Project by Ted & Carole Miller |