KANSAS COLLECTION BOOKS


Andreas' History of the State of Nebraska

Nebraska as a State
Produced by Ted and Carole Miller.



Part 1:


Nebraska as a State | First State Officers
Congressional Representation
Legislative | Political | Removal of the Capital

Part 2:


Impeachment of Gov. Butler:   Article I | Article II | Article III
Article IV | Article V | Article VI | Article VII | Article VIII | Article IX
Article X | Article XI

Part 3:
Impeachment of Gov. Butler (cont.):   Answer
Part 4:
Constitution of 1871 | The James Regime | Proclamation
Part 5:
The James Regime(cont.) | Supplementary Resolutions
Part 6:


Constitution of 1875:
Preamble | Article I--Bill of Rights | Article II--Distribution of Powers
Article III--Legislative | Article IV--Legislative Apportionment

Part 7:







Constitution of 1875 (cont.):
Article V--Executive Department | Article VI--The Judicial Department
Article VII--Rights of Suffrage | Article VIII--Education
Article IX--Revenue and Finance | Article X--Counties
Article XI--Corporations:   Railroad Corporations
Municipal Corporations | Miscellaneous Corporations
Article XII--State, County and Municipal Indebtedness
Article XIII--Militia | Article XIV--Miscellaneous Provisions

Part 8:


Constitution of 1875 (cont.):
Article XV--Amendments | Article XVI--Schedule
Propositions Separately Submitted | Legislative and Political

Part 9:

Legislative and Political (cont.) | Popular Votes | State Roster
State Judiciary

Part 10:

Senatorial Succession | The Political Status of Nebraska
County Boundaries

Part 11:

The Population of Counties | Omaha in 1858
Per Cent of Increase in Population | Prof. Wilber's Address

Part 12:
Hon. J. M. Woolworth's Address | Public Lands
Part 13:
Educational Lands in Nebraska | Educational
Part 14:
Slavery in Nebraska
Part 15:
The Woman Suffrage Question


Part 2


IMPEACHMENT OF GOV. BUTLER.

   The most startling events in the political history of Nebraska is the impeachment, trial and removal from office of the first Governor of the State, David Butler. We reach this subject with faltering hand, and pause, doubtful as to what course to pursue. The record stares us in the face, but that record is so confusing as to afford but small relief. The yesterday in which scenes of profoundest agitation stirred the State has scarcely changed into the to-day; and down the short corridor of time are seen the group of figures, chiefs in this painful drama, still bearing the burdens of disaster and disgrace; still busy binding up the wounds inflicted in a contest bitter as death itself. When all-subduing death shall have removed those who now can speak only as participants in those acts, and there remains no aching hearts, no baffled hopes, no crushed ambitions--nothing but the written records and the memories of a past, then justice will be done to all. But now it is impossible to say what is impartial fact. When time shall have mellowed the bitterness of this long-protracted struggle, then, but not till then, will it be known how much of envy or malice--how much of truth and right there was in this grave act. Of all the specification, but one--and that apparently the least in moment and most in unsubstantiality--was found worthy of being scored against this man. And yet his suffering, his punishment and his disgrace is just as great as though he stood condemned on all the counts. If, in the future, it appears that "malice bears down truth" in all these acts, history will do tardy justice; but for him who feels the pang no thought of justice to be rendered in the days to come can now ease his mind or make the present other than it is. "I charge thee, Cromwell, fling away ambition." Did conflicting ambitions jostle in this case? Possibly the victim may realize, with Wolsey, the saddest of all facts, now when it is too late, that their is a more generous master to serve than one before whom the aspiring politician bows.

   All that can be told here is the bare narrative of the transactions ending in the removal of a chief executive. Let him who writes the history of Nebraska half a century hence, search the press, the archives and the diaries of men--let him exhaust the sources of cotemporaneous opinion after the hands that have penned lines of positive assertion, pro and con, are stilled forever--and then let justice be done, though the bright heavens of men's fair memories be clouded with unpleasant truths.

   The constitution of the State of Nebraska, adopted June 2, 1866, and in force in 1871, contained the following provisions:

   ARTICLE II. Section 29. The Governor, Secretary of State, Auditor, Treasurer, and Judges of the Supreme and District Courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust or profit tinder this State; but the party convicted or acquitted, shall nevertheless, be liable to indictment, trial and punishment, according to law. All other civil officers shall be tried for misdemeanors in office in such manner as the Legislature may provide.

   SECTION 28. The House of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachment shall be tried by the Senate; and the Senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the Senators.

   Acting under these delegated powers, the House of Representatives of Nebraska did, "in the name of themselves and all the people of the State" formulate articles of impeachment against David Butler, then Governor of Nebraska, while sitting in session, in February, 1871.

   On Wednesday, March 1, a committee from the House, through the Chairman, Hon. H. W. Summerlad, appeared before the Senate, and asserted that the body represented by them formally impeached David Butler of misdemeanors in office, and promised speedily to exhibit the ground upon which this charge was made. Senator Hascall thereupon moved that Secretary of State W. H. James, be at once notified to assume executive functions, as provided for in such cases, by Article 3, Section 16, of the State constitution.

   This motion was discussed and prevailed during the afternoon session of that day. On the 6th inst., the Senate became a High Court of Impeachment, Judge Dundy administering the oath to the President of that body, the President in turn administering the oath to the several members. Rules of government were adopted the day following, and the Senate informed the House that they were ready to receive the specific charges to be preferred against the deposed Governor. A writ of summons was served on Mr. Butler, March 6, and he appeared, with counsel, on the 7th. His counsel were Hons. Clinton Briggs, John I. Redick and T. M. Marquette. The managers of impeachment were Hons. J. C. Myers, J. E. Doom and De Forest Porter; Hon. Experience Esterbrook, counsel for managers. The exhibit was as here stated:

ARTICLE I.

   That David Butler, Governor of the State of Nebraska, being authorized and directed by joint memorial and resolution of the Legislature of the State of Nebraska, in the following words to wit:

   "Joint Memorial and Resolution to Congress, asking for 5 per cent on the sales of the public lands.

   "WHEREAS. There is donated to the State of Nebraska, 5 percent of the proceeds of the sale of the public lands of United States, within said State of Nebraska, and

   "WHEREAS, The same is now due to the State of Nebraska, therefore be it

   Resolved, That the Governor of the State is hereby authorized and directed to bring the matter to the attention of our Representative and Senators in Congress, and request them to unite with him endeavors to secure the same to be paid over to the Treasurer of State at as early a day as possible. And the Governor is hereby authorized to employ any other or further assistance that may be necessary to secure that result.

   Approved June 24, 1867."
to secure from the Government of the United States, certain funds, being 5 per cent of the proceeds of the sale of all public lands, lying within the State of Nebraska, belonging to said State, by virtue of section twelve, of an act of Congress, entitled "An Act to enable the people of Nebraska to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States. Approved April 19, 1864," did in the spring of 1869, procure to be audited and allowed to the State of Nebraska aforesaid, the sum of $16,881.26, for which said sum a warrant was issued by the proper department at Washington, payable to the order of said David Butler, as Governor of said State. That said warrant was brought to Omaha in said State by one E. B. Taylor, and by him deposited in the First National Bank of Omaha aforesaid. That while so deposited, he, the said David Butler, Governor as aforesaid, gave a power of attorney to one Nelson C. Brock to indorse said warrant or draft, and receive the money thereon. That said Nelson C. Brock by virtue of the authority so given, did indorse said warrant or draft, and receive thereon the sum of $16,881.26, and did convey the same to Lincoln, in said State, and there deposited the same in the banking house of one James Sweet, and the said Nelson C. Brock, with the consent and subject to the order and control of the said David Butler, Governor as aforesaid, that while said money was so subject to his order and control, he, the said David Butler, Governor as aforesaid, was guilty of unlawfully and corruptly neglecting to discharge his duty in regard to said money; and of appropriating the same to his own use and benefit, whereby he became and was guilty of misdemeanors in his said office.

   SPECIFICATION 1st. That having said sum of $16,881.26 under his control and subject to his order, he, the said David Butler, Governor as aforesaid, did corruptly and unlawfully neglect and refuse to pay the same into the Treasury of the State of Nebraska; and from the time said money was so under his control, and subject to his order, to the time of exhibiting these articles, has so neglected and refused to pay the some into said Treasury. whereby said David Butler, Governor of the State of Nebraska did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 2d. That having said sum of $16,881.26, under his control and subject to his order, he, the said David Butler, Governor as aforesaid, did, during the month of May, A. D. 1869, corruptly and unlawfully intermingle the same with his own private funds and use the same for his own personal benefit; whereby said David Butler, Governor of the State of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 3d. That having said sum of $16,881.26 under his control and subject to his order, he, the said David Butler, Governor as aforesaid, did, during the month of May, A. D. 1869, unlawfully and corruptly intermingle with his own private funds and use for his own private benefit a part of said money, to wit, the sum of $1,881.26; whereby said David Butler, Governor of the State of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 4th. That having said sum of $16,881.26 under his control and subject to his order, he, the said David Butler, Governor as aforesaid did cause the same to be deposited in the banking house of James Sweet and Brock, in the city of Lincoln, Neb., on the 25th day of May, A. D. 1869, and from thence, and from time to time, during the years 1869 and 1870, unlawfully and corruptly drew out, handled and employed and used the same as his own private funds and for his own private use and benefit; whereby the said David Butler, Governor of the State of Nebraska, then and there committed and was guilty of a misdemeanor in office.

ARTICLE II.

   That said David Butler, Governor of the State of Nebraska, in the exercise of the powers and prerogatives conferred upon him and belonging to him by law as such Governor, has corruptly and unlawfully used and offered and attempted to use such official powers and prerogatives, and corruptly and unlawfully refused to perform his duties as such Governor, for the purpose and object and with the intent of securing to himself profits, gains and emoluments and with intent to extort money or advantage from persons having claims against the State, or seeking, some office, right or privilege under the laws thereof.

   SPECIFICATION 1st. That the said David Butler, Governor of the State of Nebraska, being, by virtue of that office, one of the Commissioners authorized by an act of the Legislature of the State of Nebraska, entitled "An act to provide for the sale of the unsold lots and blocks in the town site of Lincoln, and for the location and erection of a State University and Agricultural College and State Lunatic Asylum, approved February 15, 1869," to expend moneys belonging to the State of Nebraska, in and about the erection of a building for a State University, and to audit and allow claims and accounts therefor; and one M. J. McBird having a claim and demand against the State for services by him performed as Architect in and about furnishing plans and specifications for said buildings, he, the said McBird, in the month of August, A. D. 1869, at Lincoln, in said State, did present his said claim and demand, for allowance and approval, to the said David Butler, Governor as aforesaid, who did then and there scandalously and corruptly offer and propose to the said McBride in substance and to the effect following: That he, the said David Butler, Governor as aforesaid, would procure to be issued a warrant upon the Treasurer of the State of Nebraska for the sum of $3,750, in favor of said McBird, for his said services, provided and on condition that said McBird should retain the sum of $2,000 only out of the proceeds of such warrant, to wit: The money to be drawn from the State Treasury thereupon, and should pay to him, the said David Butler, for his use and disposal, the sum of $1,750 of such proceeds, and that unless the said McBird would promise so to do, he, the said David Butler, would allow said McBird only $1,500 upon his said claim and demand; and thereupon the said McBird did agree to the said proposition, and the said David Butler, Governor as aforesaid, immediately caused and procured such warrant to be issued, for the sum of $3,750, in favor of said McBird, who thereupon, in the month of August, 1869, obtained and received upon such warrant the sum of $3,750, and did, in pursuance of such scandalous and corrupt agreement, at the office of said Governor, in Lincoln, in the State of Nebraska, in the month of August, A. D. 1869, pay to and leave with the said David Butler, Governor aforesaid, part of said money, to wit, the sum of $1,750; and the said David Butler, Governor as aforesaid, did then and there receive the same, in pursuance of such scandalous and corrupt agreement, contrary to his duty and his oath of office; and whereby the said David Butler, Governor of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 2d. That the said David Butler, Governor of the State of Nebraska, being such Commissioner, and having such authority as set forth in the last above specification; the said M. J. McBird, mentioned therein, presented to the said Governor, at Lincoln, in the said State of Nebraska, in the month of November, A. D. 1869, another demand and claim for additional services as architect in and about the making of plans and specifications for, and superintending the erection of the aforesaid State University building; and thereupon the said David Butler did, then and there, scandalously and corruptly agree with the said McBird in substance and to the effect that the said Butler, as Governor as aforesaid, would allow the said McBird's claim and demand at the sum $1828.26, and that the said McBird would, in consideration thereof, pay to him, the said David Butler, one-half thereof; and thereupon the said David Butler, Governor as aforesaid, did allow such claim and demand at said sum, and procure and cause to be issued thereupon two warrants upon the Treasurer of the State of Nebraska, each for the sum of $914.13; and then and there, in pursuance of the said scandalous and corrupt agreement, the said McBird indorsed and delivered one of the said warrants to said David Butler, who received and kept the same. Thereby the said David Butler, Governor of the State of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 3d. That the said David Butler, Governor as aforesaid, acting as one of the Board of Building Commissioners of the State of Nebraska, and together with the other members of said Board, during the year 1869, did enter into contract with D. J. Silver & Son, for the erection of the building known as the University, at Lincoln, Neb. That about the 29th day of November, A. D. 1870, in and during an interview between R. D. Silver, son of D. J. Silver, and one of said contractors, and the said David Butler, in the private office of said David Butler, Governor as aforesaid, he, the said David Butler, asked the said Robert D. Silver if he was not going to do something for him, the said David Butler, and said he thought he, the said R. D. Silver, ought to give him, the said David Butler, Governor as aforesaid, $10,000, and refused to settle the accounts of the said D. J. Silver & Son, until he, the said R. D. Silver acquiesced in such demand, so that he, the said Silver, was constrained to, and did agree to give the said David Butler, Governor as aforesaid, the said sum of $10,000. That a few days afterward he, the said David Butler, Governor as aforesaid, called the said Silver into the private office of him, the said David Butler, Governor as aforesaid, and again asked the said Silver if he was not going to give him, the said David Butler, Governor as aforesaid, the said $10,000, as he had agreed to do; and upon being answered in the negative by him, the said Silver, he, the said David Butler, Governor as aforesaid, became angry, and used harsh and threatening language toward him, the said Robert D. Silver, saying, menacingly, that he would remember him for that; whereby the said David Butler, Governor of the State of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   SPECIFICATION 4th. That under and by virtue of an act of the Legislature of the State of Nebraska, entitled "An act to lease certain Saline lands to Anson C. Tichenor, Jesse F. Green, and others," approved February 15, 1869, the said David Butler, Governor of the State of Nebraska, at the time hereinafter next mentioned, had authority to lease to any competent party or parties, certain Saline lands belonging to the State of Nebraska. Thereupon to wit: On the 15th day of July, A. D. 1869, one Thomas F. Hall, a party competent to take and receive a lease of the said lands, did apply to the said David Butler, Governor as aforesaid, at Lincoln, said State of Nebraska, for a lease of certain of the said Saline lands, in township ten (10), north of range six (6), east of the sixth principal meridian, in the county of Lancaster, in the State of Nebraska; and the said David Butler, Governor as aforesaid, did, then and there, willfully and corruptly suggest, propose and offer to the said Thomas F. Hall, that if he, the said David Butler, should receive the sum of $5,000, for his own use and benefit, he would, as Governor as aforesaid, lease the said lands to the said Thomas F. Hall; and did then and there willfully and corrup ly indicate to the said Thomas F. Hall, and give him to understand. that unless he, the said David Butler, Governor as aforesaid, should receive the said sum of $5,000, as aforesaid, he would refuse to lease the said lands to him, the said Thomas F. Hall, and because said Thomas F. Hall did decline and refuse to pay or offer to said David Butler, Governor as aforesaid, any sum of money or consideration therefor, to the said David Butler, Governor as aforesaid, did willfully and corruptly decline and refuse to lease the said Saline lands to the said Hall, contrary to his duty and his oath of office as Governor; and whereby David Butler, Governor of the State of Nebraska, did commit, and was guilty of a misdemeanor.

   SPECIFICATION 5th. That the said David Butler, Governor of the State of Nebraska, being by virtue of his office the President, and a member of the Board of Regents, known as the Regents of the University of Nebraska, and the said Board of Regents having power and authority to appoint a Treasurer of the said Board, said David Butler, Governor, and President and member of the Board of Regents, as aforesaid heretofore to wit: On the first day of January, A. D. 1871, at Lincoln, in the State of Nebraska, did willfully and corruptly promise to, and agree with one Nelson C. Brock, that he, the said David Butler, would endeavor to procure the appointment of the said Nelson C. Brock as Treasurer of the said Board of Regents, and would use his vote and influence as a member, and as President of the said Board, for the purpose of securing, and with a view to the end of procuring such appointment, for a consideration, in money, to wit: the sum of $750, to be paid by said Brock to him, said David Butler, in case the said David Butler should so secure such appointment, contrary to his duty and oath of office, and whereby said David Butler, Governor of the State of Nebraska, then and there committed and was guilty of a misdemeanor in office.

   SPECIFICATION 6th. That the said David Butler, Governor of the State of Nebraska, and President and member of the Board of Regents, as set forth in the last above specification, did heretofore to wit: On the first day of January, 1871, at Lincoln, in the State of Nebraska, improperly, disgracefully, and scandalously receive, entertain and tolerate a proposition, then and there made to him, as such Governor, and President and member of said Board of Regents, by one Nelson C. Brock, to the effect, that if the said David Butler would, by his influence and efforts, obtain and secure the appointment of the said Nelson C. Brock as Treasurer of said Board of Regents, he, the said Brock, would pay to the said David Butler a large sum of money, to wit: $750, whereby the said David Butler, Governor of the State of Nebraska, did bring scandal and disgrace upon his exalted office, and did then and there commit, and was guilty of a misdemeanor therein.

   SPECIFICATION 7th. That under and by virtue of an act of the Legislature of the State of Nebraska, entitled, "An act to provide for the sale of unsold lots and blocks in the town site of Lincoln, and for the location and erection of a State University and Agricultural College, and State Lunatic Asylum," approved February 15, 1869, the said David Butler, Governor of the State of Nebraska, was one of the Commissioners authorized to locate a State Lunatic Asylum, at or near the town site of Lincoln. And in the summer of the year 1869, to wit: On the first day of July, A. D. 1869, at Lincoln, in the State of Nebraska, the said David Butler, Governor, as aforesaid, received and consented to a certain conveyance from one Dr. French, of the north half of the northwest quarter of Section 10, in Township 9, north of Range 6 east, in Lancaster County, State of Nebraska; or took such conveyance thereof from some person or persons unknown to himself, or to some person or persons unknown, for his benefit in whole or in part, which was so made to, and accepted by the said David Butler, for a consideration greatly below the value of the said land, as an inducement and bribe to influence his action and decision relative to the location of said asylum, and by which he was improperly and corruptly influenced to decide as one of said Commissioners, in favor of locating said asylum, in the immediate vicinity of said land so conveyed, and where said asylum was soon thereafter located, whereby the said David Butler, Governor of the State of Nebraska. then and there committed and was guilty of a misdemeanor in office.

ARTICLE III.

   That on the 18th day of February, A. D. 1869, one Champion S. Chase, Esq., was and for some time the last past, had been an attorney for the State of Nebraska, retained and employed by the Governor of said State, and had, as such attorney, rendered certain services for the said State, and it was the duty of the said David Butler, Governor of the State of Nebraska, under and by virtue of the law thereof, to determine what compensation for such services, was fair and just, and according to what was paid in similar cases. And thereupon, to wit: On the 18th day of February, A. D. 1869, the said David Butler, Governor, as aforesaid, did willfully, falsely and corruptly, determine and represent to John Gillespie, then the Auditor of said State of Nebraska, that he, the said David Butler, Governor, as aforesaid, deemed the sum of $2,000 to be a just and fare compensation for the services so rendered by the said Champion S. Chase, attorney as aforesaid, and did willfully, corruptly and unlawfully induce and cause the said Auditor to issue two certain warrants upon the Treasurer of said State of Nebraska, for the. sum of $1,000 each, under the pretense that the same were issued for the services of the said Chase as such attorney; he, the said David Butler Governor as aforesaid, then well knowing that said sum of $2,000 was a much larger sum than was fair or just for such services, or was paid for similar services; and not intending that the whole thereof should be paid to the said Chase, but corruptly intending to appropriate one of the said warrants to his own use, and thereupon, to wit: On the 22d day of February, A. D. 1869, the said David Butler, Governor, as aforesaid, did willfully and corruptly appropriate, to his own use, one of the said warrants, and upon, and by virtue of the same, did draw and receive from James Sweet, the Treasurer of the State of Nebraska, the sum of $1,000, which he then and there appropriated to his own use and benefit, contrary to his duty and his oath of office, whereby the said David Butler, Governor of the State of Nebraska, then and there committed, and was guilty of a misdemeanor in office.

ARTICLE IV.

   That the said David Butler, so being Governor, as aforesaid. in the year A. D. 1869, being, by virtue of his office, one of the Commissioners provided for by "An act to provide for the sale of the rentals, lots and blocks on the town site of Lincoln, and for the location and erection of a State University, Agricultural College and State Lunatic Asylum," approved February 15, 1869, to locate a site for a State Lunatic Asylum, and to direct the expenditure of the sums named in said act in the building of a State Lunatic Asylum, did unlawfully and corruptly enter into contract with one Joseph Ward for the completion of the said Lunatic Asylum, at a contract price greatly to wit: $88,000 in excess of the sum appropriated for said building. That he, the said Governor, well knew at the time that said Ward was entirely irresponsible and unable to give the bonds required by law, that he had no qualification nor capacity as a builder; that by the terms of said contract the foundation of said Asylum was to be completed for $18,500, and that in the spring of 1870, said foundation was not finished, and there was due to said Ward less than that sum upon said contract, yet the Governor, well knowing the premises, approved the estimates of said Ward, and caused the same to be allowed and paid to the amount of $45,000. Whereby he, the said David Butler, Governor, as aforesaid, did then and there commit, and was guilty of misdemeanor in his said office.

ARTICLE V.

   The said David Butler, being Governor, as aforesaid, in the year 1869, being a member of the Board of Regents of the University of Nebraska. and ex officio President of said Board, at Lincoln, in the State of Nebraska, did willfully and recklessly assent, and become a party to a contract with D. J. Silver & son, dated August 18, 1869, for the erection of the State University find Agricultural College of Nebraska, at a price greatly in excess of the appropriation therefor, whereby said David Butler, Governor of the State aforesaid, then and there committed and was guilty of a misdemeanor in office.

ARTICLE VI.

   That, at the present session of this Legislature, in the month of January last, the House of Representatives, of the State of Nebraska, passed a resolution in the words, and to the effect following, to wit:

   "Resolved. That the Governor is hereby requested to communicate to this House, at the earliest moment, the name of the agent appointed by authority of an act of the Legislature, to collect from the United States the five per cent upon the sales of public lands set apart for school purposes prior to the admission of the State. The amount so accrued and due to the State, and the amount collected and paid into the State Treasury. Also the amount paid to said State agent for his services."

   And thereupon the said resolution was duly communicated to the said David Butler, Governor of the State of Nebraska, and in response thereto the said Governor, on the 25th day of January, A. A. 1871, sent and transmitted to the said House of Representatives, a communication in the words and to the effect following, to wit:

"To the Honorable the Speaker of the House of Representatives:
   "In response to a resolution passed by the Honorable House of Representatives, relative to the collection of the five per cent funds, I submit the following report: Amount accrued and due the State, January 1, 1869, $16,881.26. While in Washington, in the spring of 1869, I secured the auditing and payment of this claim, and deposited the above amount in the State Treasury. No fee or commission was paid any agent for its collection.
   (Signed).

"DAVID BUTLER."

   In which communication the said David Butler, Governor, as aforesaid, did falsely declare that he deposited the amount of money therein mentioned, in the State Treasury, well knowing that he had not deposited the same, or any part thereof in such Treasury; and intending thereby to deceive the House of Representatives, the Legislature, and the people of said State, in the particulars last mentioned, contrary to his duty, and his oath of office; and whereby the said David Butler, Governor of the State of Nebraska, did then and there commit, and was guilty of a misdemeanor in office.

ARTICLE VII.

   That the said David Butler, Governor of the State of Nebraska, being authorized and empowered by the provisions of an act entitled "An act to amend an act to provide for the registry of school land, for the control and disposition thereof and for the safe keeping of the funds derived from the sale and lease of said lands," approved February 15, 1869, in conjunction with the Land Commissioner and Treasurer of the State, to invest certain funds, received by such Treasurer, as advance or full payment by the purchasers of school lands, in United States, State or other good and sufficient securities, which securities should bear not less than six percent annual interest, did unlawfully and willfully advise and consent to the loaning of such funds, and did procure the same to be loaned in divers sums and to divers persons, and did cause the same to be loaned improvidently, recklessly and without any authority of law and regard to the public interests, and upon totally insufficient and inadequate security, and without concurrent action thereon by the said Treasurer and Auditor.

   SPECIFICATION 1st. He, the said David Butler, Governor as aforesaid, did, on or about the 30th day of July, A. D. 1870, instruct James Sweet, State Treasurer, he being then and there the Custodian of said school funds, to let Anson C. Tichenor have $10,000 of said school money, and he, the said David Butler, Governor as aforesaid, would approve the security therefor; that said sum was loaned to said Tichenor without the assent of either State Auditor or Treasurer; that the security taken therefor was, and by him, the said Governor, was at the time known to be wholly inadequate and insufficient; whereby the said David Butler, Governor of the State of Nebraska. then and there committed and was guilty of a misdemeanor in office.

ARTICLE VIII.

   That the said David Butler, Governor of the State of Nebraska, in the year 1869, but at what particular time is unknown, at Lincoln, in the State of Nebraska, did receive a sum of money, to wit, the sum of $648.43, a balance of moneys in the hands of one Thomas L. Griffey, Treasurer of the Board of Immigration, and belonging to the State of Nebraska, and which money the said David Butler, Governor as aforesaid, has never paid into the Treasury of this State, but has willfully, corruptly and unlawfully appropriated to his own use; whereby the said David Butler, Governor of Nebraska, did then and there commit and was guilty of it misdemeanor in office.

ARTICLE IX.

That said David Butler, Governor of the State of Nebraska, in the year 1870, but at what particular time is unknown, at Lincoln, in the State of Nebraska, regardless of his duty and oath of office, did improperly, partially, willfully and unlawfully execute and cause to be issued to the Sioux City and Pacific Railroad Companies a patent or patents of the State of Nebraska of and for a large quantity of the public lands belonging to the State of Nebraska, to wit, seventy-five sections thereof, situated in the counties of Dodge, Burt and Cuming, and being the same lands granted or secured by an act of the Legislature of this State to the Northern Nebraska Air Line Railroad Company; whereby the said David Butler, Governor of the State of Nebraska, then and there committed and was guilty of a misdemeanor In office.

ARTICLE X.

   That the said David Butler, Governor as aforesaid, at divers times between the 15th day of February, 1869, and the time of exhibiting these articles, but at what particular time is unknown, did sell to divers persons, but to what particular persons is not known, lots and blocks in the city of Lincoln, Neb., and lands belonging to the State of Nebraska, but what particular lots and blocks or lands is unknown, at private sale, the title to which said lots and blocks and lands was, at the time of such sale in the State of Nebraska, and a portion of the purchase money of such lots and blocks and lands did appropriate to his own private use and benefit.

   SPECIFICATION 1st. That said David Butler, Governor, as aforesaid, of the State of Nebraska, in the month of December, A. D. 1869, sold to one James G. Gerrens the southeast quarter of Section thirty (30), in Township ten (10), north of Range six (6) east, in Lancaster County, in the State of Nebraska, belonging to the State of Nebraska, for the sum of $1,920, of which sum received therefor he appropriated to his own use and benefit the sum of $1,120; whereby the said David Butler, Governor of the State of Nebraska, then and there committed and was guilty of a misdemeanor In office.

ARTICLE XI.

   That said David Butler, Governor of the State of Nebraska, by an act of the Legislature of the State of Nebraska, entitled "An act to provide for the sale of the unsold lots and blocks in the town site of Lincoln, and for the location and erection of a State University and Agricultural College, and State Lunatic Asylum," approved February 15, 1869, was made a Commissioner, in conjunction with the Secretary of State and Auditor, to sell the unsold lots and blocks in the town site of Lincoln. That said David Butler, Governor, as aforesaid, in the discharge of the duties of such Commissioner, between the 15th day of February, A. D. 1869, and the time of exhibiting it these articles, was guilty of corrupt practices and misdemeanors in his said office, of Governor.

   SPECIFICATION 1st. That said David Butler, Governor, as aforesaid, did, in the month of April, 1870, sell to one Andrew J. Cropsey lots seven, eight, nine, ten, eleven and twelve, in block one hundred and fifty-one, in Lincoln, Nebraska, the title to which said lots, at the time of such sale, was in the State of Nebraska, at private sale, causing the title deeds therefor to be executed in the name of the State, for the sum of $2,400, a portion of which said purchase money he, the said David Butler, appropriated to his own use and benefit; whereby the said David Butler, Governor of the State of Nebraska, did then and there commit and was guilty of a misdemeanor in office.

   And the House of Representatives by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusations or impeachment against the said David Butler, Governor of the State of Nebraska, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same, and every part thereof, and to all and every other article, accusation or impeachment, which shall be exhibited by them as the case shall require, do demand, that the said David Butler may be put to answer the misdemeanors in office herein charged against him, and that such proceedings, examinations, trials and Judgments may be thereupon had and given as may be agreeable to law and Justice.

G. W. COLLINS,       
Speaker of the House of Representatives.

Attest:
   F. M. McDONAGH,
     Chief Clerk H. R.




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