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it to his own use. The governor's answer denied the charges of boodling, but admitted the taking of the $16,000, for which he claimed he had executed to the state mortgages upon some three thousand acres of land owned by him. The impeachment trial lasted through March, April and May, ending June 4. By a vote of nine to three the state senate found him guilty of unlawfully taking the $16,000 and removed him from office,--he being acquitted upon the other charges. Governor Butler had many friends as well as enemies and the trial heated the social atmosphere to a degree that has probably never been exceeded since.

      Pursuant to an act passed March 28, 1871, there met in Lincoln in June, of that year, a convention of fifty-two members, charged with the duty of framing a new state constitution. The document was submitted to the people on September 19, and defeated by a vote of 7,986 for, to 8,627 against. The principal objections to the constitution were a clause which provided that church or benevolent property above the value of $5,000 belonging to any single association should be taxed; another clause which provided that railroad right of way

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Mormons Crossing the Plains to Salt Lake 1856

should be paid for without reference to any supposed benefits the owner of the land might derive from the construction of the road. Douglas county alone,--the center of the religions and corporation influences,--gave nearly nine hundred majority against the constitution. The western counties generally returned large majorities in its favor,--some of them twenty and thirty to one in its favor.

     Secretary of State James became acting governor upon the impeachment of Governor Butler. The impeachment trial had set everything on edge and quarrels followed between James and the legislature. The senate and house fell into a dispute on the subject of adjournment and the acting governor declared them both adjourned. In defiance of this the senate met and transacted business, finally adjourning. A few days later Governor James, having gone outside the state, Senator Isaac S. Hascall, presiding officer of the senate, called the legislature to meet in extra session. The governor returned in haste and issued a proclamation vetoing the extra session. Members of the legislature gathered at Lincoln and joined in the controversy. Governor James styled them the "rump" legislature. Anarchy



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Part of Business Portion of Lincoln, 1904.

was on hand for a few days. The matter was taken before the supreme court and by a vote of two to one,--Judges Lake and Crounse against Chief Justice O. P. Mason,--the court held that the legislature was not legally in session.

      The political campaign of 1872 brought for a second time a "fusion'' ticket into the field,--the liberal or Greeley republicans uniting with the democrats on a national and state ticket. Robert W. Furnas was the republican, nominee for governor and H. C. Lett the Fusion nominee. Furnas received 16,543 votes and Lett 11,227. During the campaign, Dr. George L. Miller, editor of the Omaha Herald, printed charges of corruption against the republican nominee in connection with the attempt to remove the capital from Omaha in 1856. This led to a libel suit by Governor Furnas against the Herald, which after a long trial resulted in a disagreement of the jury.

     The prosperous times and high hopes which animated the people during the first five years of statehood received a rude blow in the year 1873, which manifested itself in various forms of popular discontent. The grange organization had already some foothold in Nebraska, but it grew with great rapidity during 1873. What had been chiefly a social organization became very soon under the pressure of hard

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Part of Residence District of Lincoln, 1904

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@ 2002 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller