Omaha Daily Bee Newspaper, January 26, 1883, Page 1

; E TWELFTH YEAR. an=t g ) LEAem THE OmMAHA DAaiLy BEE OMAHA NEB FRIDAY MO "THE STATE CAPITAL. Another Chapter of the 01d Story | of Railroad Di crimina- tion and Ruin. A @Grain Buyer of Ulyases Forced to Quit For ‘Want of Oars. Ths Senatorial Contest Seri- ouely D:laying Liagis- lation, The Journal Compiny Swallows the State Printing Cone traot. Detailed Proceedingsin Both Houses, RAILROAD DISCRIMINATION. Bpecial Correspondence of Tin Bns. HOW A GRAIN BUYER WAS BUSTED LixcoLn, January 23.--8hortly af- ter 11 o'clock thls morning the epecial railroad committee met in room 6, but owing to the fact that the balloting for United States senator takes placo at 12 o'clock it was found impossible to examine mora than one witngss, H. H. Miller, of Ulyeses; but some very important evidence was brought to light, The examination consumed about forty minutes, Mr. Miller testified that he had been ‘‘trying” to carry on a grain bus- barrassments, he explained, he con. sisted 1n the great difficulty he had in procuring cars in which to ship his grain, and ia the early part of Decom ber, 1881, he was positively refused any cars at all, Finding it such ad.fli cult matter to get cars while other parties running elevators could get from six to ten, the witnces went to Lincoln and had « talk wich Mr, Mo- Conniff, the division superintendent of the Atchizon & Nebraska,who ssid: **We cannot allow any compoting. We bave two elevators, which should be cnmpetition enough.” Finally Me, Mc- Conpiff told witness he had botter see Mr. Harrls, the yencral freisht agent of tho Burlington & Misgourt at Omaha, In company with Me. Jengen witneis went to Oma- ha, and after waititg 8 day or so for Mr. Horris, who was at Denver at the time, ho saw him zud laid tne case before him. He (Mr. Harrie) aleo opid thers was competi- tion enough already, but witness as- sured him that that was not the case, and that it was not giving satisfaction to the farmers, and he (‘he witness) could producs farmers to back ap his statemonts. Finally, Mr. Harris sald want one. He asked Mr. Harrls if he could have equal facilities for trans. portation and rates, and he said yes, do otherwise. Notwithstanding this, however, the witaeas coatinued to labor under the great dis \dvantage of not being able to procure cars, waile the owners of the elevators could get a8 many as ten, and being advised by attorneys to prosecate, he ened the company for 2,000 and pu’ the mat- ter in the hands of Colonel Sessions, of uincoln, and the next day there was an extra freight train ran there. It then seemed ithat they had cars as soon as witness brought the suit, Tt appears that a cortain Mr. Goodell furnished money for the grain, bu: owing to the groat delay in recoiving it he sent to the sgent asking the «cause of the non-arrlval of the grain, and being told that witness could not get any cars, requested the money re- fanded which wis done, The witnees sued the company because Mr. Rice, their sgent, positively refused to furnish him with cars. In the course of nversation with the agent, wit- n aid this transportation was very embarrassing, and that if he could not get any cars he would have to do some- thing. The agent replied that the sooner he did the sooner he would commence getting cars, Cross examined by Mr. Deweese, asslstant attorney cf the B. & M., as to whether he did not get money from Mr. Goodell and never used it and never called for it. The witness ad- mitted that he never used the money simply becauso he could not get any transportation, Pressed as to whether the eompany did not hold cars for him, witnees replied that he could not got tho cars until after the money was retnrned, when of course, he had no use for them, Asked whether he remembered that along in December, 1881, the com- pavy had cars for him, and asked him to uso them and he did not; witness positively declared that the company never had asked him to use any cars Witneas farther stated that he could buy five times the quantity of grain that he was shipping now, if he could insure the transportation. Tae B. & M. have brought a counter suit against Mr, Miller for demurrage. The commlttee adjourned subject to the call of the chairman, THE LEGISLATURE £pocial Correspondence of Trk Bk LixcoLy, January 25,—The opin- ion of the supreme court o re to rallroad commas by the mex a good manifeat disappointment. tion n bills is received al of The opin- wed to pravail that the deci Iers w ion jsion be in favor of enacting such a law, but when it became known that it was the reverse it came like a wet blarket, THE wea Wou ENATORIAL CONTEST along, dr with no pros- pecs of an election for several days to eome, and many of the wembers are of the opinion that this contest helps rather than hinders the enactment of good laws, and there are not s fow antl. monops who think that if the contest g-11d ba kept up till the last w «esslon Nebraska would ba sure 6'4: « railroad Jegielation » rather straining ‘¢, °f the avera aunsidered a the hash day . plan w ‘-,// apon the cons. "% politiclan and m1y, 7 acheme in the Interc house keepers « f the oap. .l QUBBLED THR JoB ceded that The State By this move, if it is so, S.ate of Nubraska, CAT OUT OF THE BAG case of privileye to which Botler, Pawnes, has rison and ia which could do it, Daly Nowa « f thie city. cured, Lixcor Ep1tor NEw: Pawnpee, introd st week Butler, da bill of inquiry fu fill their contract as state printers, committes report d favorably, awal have soll their entire Company qualificd and prepared t1 go cordance with the accepted bid own pay ro 1, ably, could not do ths work, that is very nataral. be acceptably done, cheese, communication tence “moved u| clined to think commenoe., MAYOR CRIPPLED, T Inthe senatorial run to.day the democrats stood as they have done daring the past two days, but 1t is ru- mored by some of the members that party that thic is Boyd's last day, not that the popular mayor of Omaha is to shuffl s off this mortal coll at sun- down to-night, but that when the roll 26th he will £all far short of hia criginal 34, and call 1s sound.d on the thet to-morrow will be his last day a senatorial candidate. HOUSE PROCEEBINGS, It is underatood and ganerally con- Journal com- pany has just swallowed up tho new printing company known as The Teib- ure Priating Company cf Linooln, they have agaln socnrod tho printing for the day 1 informed you of a stated that tho reference to his etric tures upon the manner in which the ¢o their duty, hoe did not know of any printir g establishmont in the city that The Journal could not Butler added that till thon he did not know that the Joarnal compauy was dotng the printivg as jo the past. Yes-|* tercay the f)llowing sppeared in the It shows the mothods adopted by som~ partios here, when their objects canno bo fairly se- Neh,, Jan, 23, 1883, the purpse of ascertaining whether the Tribune Printing company were able to On Mon- day, the 22d, Butler stated that he was not that the S.ite Journal company taan't the cntracs for the work untid Mr, Hathaway (of the Journal Co ) told him, a8 he says, that they cou'd not do it. Now iness wish embarrassmonts, which em- | the facts are that the Irisune comp iy e-tablishment to the Journal company, and a portion of the machinery and material have c'osed a few days before The Tribure with the contract for the state work in ac The | DO Journal Company have f r several days supplied help at The Tribune eatablish- ment to complete jobs in arrears, for the state, and carried the employes on their The expert committee who iovestigated were not a success, as it they had looted into the mare’s nest they w uld have discovered a “two foal” ¢us Jio on that The Journal Company wers fulfilling the contract which The Tribuna Company Ot “courar N t at the bid which secured the job to Thy Trihune Con pny, but if The T. C. should fail in its coutract The Journal could possibly take the work (if urged) on a basis of their original bid And as Omaha, the ouly place in the state outside of Linco'n, where the work could ix too far away, racticaily, for the purpose, The Journal a8 the opportunity to step in and ent the Sasacus. x The News don’t know the writer “Sasa- we cannot give you a place to build | cus” nor any of hisrelations, but from the on, but witness told him he did not | printed letter-head upon wiich the above is written and the sen- here,” The News is in- at some one of TheJour. nal iostitution has let a cat out of the bag the law provides for that; we coald not | » little before the time for the circus to The opinton f the sapreme conrt waa submitted to the house and read by tho clerk, snd upon motion five thestates of Kavsas and Oolorado were r and recommended. The memorlals are fraternal in epirit and ask that the legislatores of those states will paea laws for the promotion of commercial and fri:ndly inter. course, and that they will especially give attention to the regulation of rates of freights on railroads, Another memorial to congross, ask- ing for railroad leglslation was simi. larly endorsed by the committeeof the whole. Senate file No. 8, ‘A bill for an act to provide for the regulation of and to prevent abuees and unjust discrim- inatlona by railroad ecorporations,” was then taken up for cousidera- tion, Brown, of Lancaster amended sec- of | tion 4 by adding the words ‘‘not pro- he | hibited by law,” Seclion b was amended by Mr. Sowers by atriking out the word printivg was dono ho had becn|“‘thousand” and {vserting ‘‘handred.” advied by Hathsway (of the| Batler amexd d ssotion 6 by strik- Journsl) to ba patient, tineo if|ing out the word “‘thouxand” and in- the present contractors failed to[serting the word ‘‘hundred.” Havrison, of Hall, amended eection 7 by eirikiog cut the words “three timee,"” Beown, of Lancaster, amonded the HAIO BE u by inserting the words onuble” in place of *‘an,” and out the words ‘“‘equal to ten per cent, of the amount.” On motion the committee rose, re- ported progress, and asked leave tosit again, SENATE—MORNING SESSION, Lixcoun, January 256.—The prayer of the chuplain at the opening of the aceslon wus a slogular and unique ef- A |fasion, It waas right in its petitions, but {t was to some extent a refl.ction on the legislature, and very distiuctly apprized the Almighty that there was & bar'l here, against which the mem- bera had to be guarded by nothing less than Divine power. Iustead of an audible “*Amen” the patition called to tho face of almost every tempted lamb of the flock a broad smile, fof for already been moved up here, the balance is to be moved within a fow weeke, | A bill by Mr. Harrlson, to define in- probably when the legislsturs clogses, Tho | surancs comuvanies, was read for tho conte ot was ¢ nsummated and - trade first ttme. It proposes to make all 2o 1fo insurancs companies comply with tno'lnd\v of the state a8 to sccurity de- i‘ed, Mr. Dye introduced a bill to regu- lato stato printing. Mr. McShane's bill to regulate the manufacture and sale of oleomargerine was read a first time. It proviies for the proper branding and making of every produet of the da'ry whan mixed with wny other subs:auce, hod shou'dered, Mr, Hathaway, as Cougress 18 again to be memorializad Butler reports, says they, mean- | to establish a branch mint at Omaha ing The State Journal Company prob- | The memortal was resd a fisat timo and it 13 hopad that it will mast with more attention than similar patitious have done. A bill was read to provide fora female supsrintendent of the insave asylum, to act with the male superin- tendeat and take his place in his ab. sence, The committee on federal relation have boen eatrusted with che oonaid- eration of the memorial to congress, king legislation to prevent pooling and any discrimination on the part of railroads. House Roll No, 61, to provide for the payment ¢f members, offic srs and employes of che present sgasion of the legislature was listened to with atten. tion and interest. It was amended to as to draw npon the ‘‘gener: of the *‘sinking” fund, and passed. of | Thebill to meet the fncidental ex- penses of the present legtslature was then read, and passed, with the eenste amendment of the senate requiring the approval of several items by the auditor and secretary of state Sen- ators Dach, McShane and Reynolds voted against it, The committee on railroads reported favorably on bill No 48, to regulate the giving and taking of pasees, and recommended that 1t be printed and placed on file, to be considerad here- after in connectlon with bill No 54 'THE NATIONAL CAPITAL. The Faval Appropriation Bill Patched and Passed by the House. Bnyopsis of the Most Import. ant Provisious of the Biil Search Fur ths Proneeds of Recd Cloud's Conflsonted Ponles. R Congreesioual Bulogies on the Late Senator Hill. THE NAV Y. Special Dispatch to Tun Brs, TEXT OF THE BILL PASSED BY THE HOUSE WasniseroN, January 26 — The naval appropriation bill as it passed the house, changcs the title of the grade of midshipman to that ¢f en sign, and master to lieutenant, and provides that the present midshipmen and masters shall conatitute the janior grade of ensign and janior prade of licutenants, In pay corps there shall be no more original appolutmente, promotions may ba made according Lo existing regulations from thoso ro maintog in the corps, Officors in line shall be detailed to perform the cutice of paymasters, but such officers shall not be entitled to inoreased componsa. tion therefor, Ecamination of officers for promotion shall ba econducted in writing. On the subject of promotion the bill contains the followlng proviso: “‘That hereafter all vacancies which shall occur in the various grades of line or staff shall be filled by promo- ti>n as follows; For each two vacan- there shall bo one promotion in each of the lower grades until such grade shall by reduced below the namber fixed by the provisions of the act of August b:h, 1882, Thegrade ¢f com- modore 18 abolished, but the prescnt commodore shail not be disturbed thereby. Promotions to the rank of rear admiral shall be made from com- modore and captain. Al cffizors shall be credited with actual tlme serged as «ffisore or enlisted men in the regular or volunteer army or mavy, or both, and shall receive all benefits of such actual service in all respects iu the same manner as if all said service had been continuous, snd provided nothing in this clause shall be 80 construed as to authorizo any change of dates in commiseions or iu the relative rank of such offizers, The president is authorized, to appoint a board of cflizers to inquire and report to congress which government navy yard is beat adapted for the establish ment of a foundry for the manufac- ture of aimy aud uavy ordnance. The bill aleo provides that no part of the sum appropriated for the bureau of conatruction and repair shall be ap- plied to repairs of any woodoen shi hundred copies were ordered printed for the use of the members, Houss Roll No, 12 came up of having it reconsidered. on jud ciars, ouse Roll No, 2, a bill for seqaence «f any informbry, idlocy father, grancfither, mother, children, brothers or sistare, H. R. No 3, was opposition, thisis a act to 160 acres of land to schoool fund of this state. wothor, morning, among them, providing ing 81,417.17 to the hvirs of John Simons, H. R No. 26, a bill for an act I aliz'ng disscotions e and put upon its passa, vote stood 57 for, 23 againat, bill provides ihat the bodiea of ed paupex se n, for ecientifical, educatio: and legal purposes, | | | BENATE — AFTERNOON RESSION, Lixcown, January 24 —On requ of Brown, of Lancaster, Brown, rolas wis excused on resount severe indisposition, chair, Joint rusolutions and memorials would have passed without opposi- tion, but anything bearing the name of Sossions has o come wunder the closest scrutiny. The bill was defeated by a large majority—Mrc. Sessions voting agsinst the bill tor the purpose Subse- quently the vote was recoucidered and the bill recommitted to the committee act to amend Chapter 67, compiled statutes entitled ‘‘Paupers,’ was put uvon 1ts fival passage aud by a vote of 67 to 28 was passed. The biil provides that overy poor person who shall be u.able to earn « livelihood in con- Juuacy shall be eupportod by the grand- grandchildren, peesed without transfer the common Soveral billa were introducad this 225, I puniahment for printing election tickets that are not exactly what theyrepresent themselves to be, No. 216, by Mr. Whedon, extending the time of W, H, B S:out, f)r build- ing cells in tho penitentiary, to 1885, No. 217; to protect sheep raising, pro- viding for ioepectors to look after diseased sheep, No, 218, appropriat- s may bo taken for dis- Bill No. 60 to regulate the sale of malt and spiritacus liquors, was re- O ported upon adversely. its final passage. The bill has|™'ppy committes on edacation, in rof- cbz::d“::::udu?:;“ b;nd .nyhlgm:: ereuce to petition of Hines mlqI otheras, i 18 the hohe it in faver f compulsory education and forbidding the employment of minora under 14 years of age in certain shops, etc., that while there was much in the petition worthy of consideration yet they thought the legislation asked for was impracticable at the present time, Brown of Douglas had introduced a bill embracing the same subjects as the petitlon and it had been similarl; treated by the committee, He ton{ the opportunity afforded by the re- port presented to-day to rise and de- fond the purposes at issue, This he did In a olear and able speech. He showed that the character of a state depended not upon its commaercial proeperity but upon the edusation cf ita citizene; that’ the evils of 1gao- rance were accumulatiog upon us and that if this legielature did nct secure the credit of action in this direction, nomo succeeding legislaturo would do 80, for this was a question that was question that was foreing itself to the tront and must be mot. Mr. Doch followed in an earnest epeech, in which he expressed sur- prise that a motion should be mado to adopt a repdrt which declared the ob- jact f the bill and petition impracti- cable, Brown, of Clay, moved that the report be recommlitted. The amendment was adopted by the moves of the resolation, 2 Mzr. Schoenheit defended ths action of the committee, on the ground that while compnlsory edncation might do in the cities, it would work great in justice to the larger portion of our p! o in the country, Ha thoaght it was going too far in advance of the timos to prohibit our children from working in factoriez, There wera not fastories enough in the state to give a child between 7 and 14, the consuiap: tion, even if he swallowed them, [Leuchter. | Tho mouon to recommit was car- 8t | ried, of s of | an or D, 1al Louise Leavcs. Dispateh to T The senate then went into commit-| 5 teo of the whole—Mr, Harris in the Cuarvesron, 8, O., January 20,— H. M. S. Diedo ssiled for Bermuda this morning, bearlug the Princoes to | Lou'se, when the estimated cost of such re pairs shall exceed 80 per cont of the estimated cost cf a new ship of the same »izo and like material. The clauses of the bill for buitding double turreted monitors and eruisers, eto., were incorporated in the dispatches Wednesday, v vt The bill provides that the - eppoint- ment of naval cadets shall bs made by the academy board of the naval acad- emy in the order of merit, upon such tests as shall be determined by said board. Hereafter no cfficer of the navy shall be employed on any share duty unless the secretary of the navy shall determine the appointment of the officer is required by public inter- ests, The last item cf general legis- lation in the bill is the following: *‘Auy pay director, pay inspector, paymaster, past assislaut paymaster, paymaster’s clerk, or other officer or pereon who shall purchase or pay for any stores, supplies, or any property whatever, for the uee of, or on ac- count of the navy, naval vessel, or bureau, and who sball be offered any discount on the pric thereof for cash or as an inducemont for the pur- chase thereot, or forany other reason, whatever, shall account therefor and charge himsalf therewith in the settle- ment of his account; If any such offizer or person shall wilfully fall to 80 do or shall accept any present or gratuity of any kind or value, what- ever, on account of or by reason of ony purchase or payment made by him, as aforesaid, shall, on conviction thereof, be dismissed from tié service and imprisoned not less than one nor more than 10 years, and fined not less than $100 nor more than $1,000, CAPITAL NOTES Special Dispatch to Tus Brs. RED CLOUD'S CLAIM. WasHINGTON, January 25,—The olaim of Red Cloud presented to the Indian Bureau is for ponies soized from Indians and sold by Gen, Crook, in 1876 Tho amount realized, 5,000 was to have Leen applicd to the pur. chase of cows for the benefit of the Indians, Red Cloud asscrts this was not done,s/ Partial search of the rec. ords of the Iadian bareau falls to show any return ever made of the money. Persons who made the sale will be called upon for an explana- tion, REAR ADMIEAL PEIRCE CROSBY, commanding the South Atlantic squadron has been ordered to China to command the Asiatic squadron, Commodore Wm. G, Temple will be lered to tho command cf the South antic equadron, A Ropublic:n Caucus Spoctal Dispateh o 114 L WatHINGTON —The re- publican senaters held s brief con ference this morning and will probably continue it at the conclurion of the eulogics on 8 nator Hill, WILL RECOMMEND THELR APPOINTMENT, The desire is to adopt & mode of proceedure which will facilitate and expedite the uction on the pending tariff bill, The commerce commliteo of the senate this morning agreed to make favorable reports on the nomina- tion of Btarbuck for supervisiog in- spector cf steamboats, and Ketchum a8 ;ppmlmr of merchandise at New ork, Notwithstanding the intimation from several sonators that the repub. lican conferonce this morning was so briof and informal that nothing of in- terest transpired, the rumor is au- thenticated that & brief discussion «f tar/ff matters which was in some respect decidedly animated and that enough wan disclosod of the temper of republican members to tndicate thas it may be next to im- pesaible to hold themin a caucus ac- ion, It is eald that Couger direotly intimated that he would not vote for the bill uponits final prsvgs if lamber 18 retained on tho froe list, Allison, In reply took cooaston to poinut out the duty of Individual senatora in terms which drow from Logan a vigorots do- fenge of the righte of individual sena- tera to rustain their convictions trammeled by party or cuucus dicta- tion, CONGRESSIONAL Gpecl: lspateh to T By SENATE PRCCEEDINGS W ixatoy, January 25.--To dsy havir . been sot apart for the services in h norcf the late Senator Hill, of Georpia, on motion of Brown imma- diatc ly after the reading of the journal remarks eulogistic of the decossed were bagun, HOUSE PROCEEDINGS, WasuiNeroN, January 26, —In the houso the naval bill came up as a regu- lar order, with the pending amend- ment recommended by the committee, the first amendment providing that the chiofa f bureaus shall receive no additional pay, by reason ¢f holding such positions, was rejected. Tho next amendment, being that for the payment to Aea Weeks ot 850,000 for the use by the United States of his invention in the torpedo, was agreed to, and rthe bill was passed. Mr. Kelly (Pa.) moved to go Into a committee of the whole on the tariff bill Mr. Butterworth (Ohio)raised the question of consideration, stating his purpose was to call up the ‘‘bonded apirits” bill, which was on the speak- ers table, Mr. Kelley's motion was agreed to and the house at 12:30 o'clock went into a committes of the whole. Mr, Burrows (Mich.) in the chair on the revenue bills, The firat bill was to admit free of duty the monument to Goorge Wash- ington, Kelly objected to its consideration and the objection was sustained by the house. A similar action was tuken apon all bills, includlug that to abol inh the interual revenue tax on tobac- co, anuff, cigaza and cizarottes. At the conclusion of Mr, Kelley's epeech, which was brief, the commit- teo roee, public business was post- poned and the house proceeded to RNING: JANUARY &6 1883 T00 COOD TO LIVE, The Proposed Board of Railroad Commissionars Killed in Its Youth The BSupreme Court Unani- mously Sit Down on the Favorite rcheme, Lhoe Frohibit.ry Providons of the State Constitution Pointed Out. THE RAILROAD COMMISSION, OPINION (¥ THE SUPREME CURT OF NE LRASKA, To the Hnors! luthe House of Rop ressntatives of N braska We have the honor to acknowladg the recelpt of & copy of a resolution adopted by your hovorable body on the 221 day the present month, whero- by the judges of the supreme court were requosted to answer the impor tant questions hereinaftor stated. While we oheerfally comply with that request we desize in the ficst place to sny that courts or judicial officers, in this atate at least, are but seldom called upon to decide or pass an opin- ion upon imvortant legal or constitu- tional quostions without first having the benefit of argument by coun sel, who, stimulated by considerations of profeesions! pride and the pecuniary interesta cf their clionts, have nsually exhausted tho libraries of learuing in eoarch for roatons and precedents to sustain thetr respestive sides of the question and the theories upon which they wmmy be sustained. And evon tnen it not un frequontly happens that a conclusion reached under theso favorable circum- stances may be roversed or matorially modifiad efier beirg bronght to the test of exporienco sad that free and onlightened diecuss'on which the opintons of judges as woll as the aote of legislatures must undergo in this age and country. We therefore enter with diffidence upon the examination of theeo important questions, which, a0 far a8 wo know, aro now presented for the first time under our constitu- tion and In which examina‘ion we ar without tho aid of argument or dis- cusaton. Tuking up the questions in tho or- 187 legislature come within the inhibition of the cotatitution?” Oan we think after what has been sald above bo answered by quoting a sootlon of the conatitu fon, Artic's b, after twanty sections devoted to the designation of tha «ffivors whish shall constitute their el ctior,qualifieation, terms of offlse, duties aud salarles, concludes with the following: Suetion 26, No other execu'ive state office shall be ¢ ninusd or created and the dut e« now davolving upsn the offisers not provided for by thi« ¢ nstitution +hall be performed by the officers herein created, The creation of an execu ive « flice or the providing fir the elaction or appointment of an executi‘e s.ate officer, not provided forin sald article, could not well have been made more cloarly iuhiited The two remaining questions may be stated and auswered togother: Third="“Weuld a law regulating the mans:ement of railroads in Nabraska une der the commissioner syatem be abnoxious th any provision or provisions of the cone stitution of this state?” Fourth—*Tn y ur opinion could auch a atlroad o mmistn Liw be fram d cthat would be ¢ ble of enforcement?’ In answering tho fom v qaestions we havo secn that all «x cutive power must be enforeed by tie «fli wra pro- vided for by article five as conatitutiog the executivo d partment ard 'hat the powors impozed - non railrosc ¢ mmis- sloners by the scatute of thy rtate of Towa (and we presumo the sanio to be true of other states which havo re- sorted to eimilar legislation) are executive. We know of mno oonstitutional inhibition to the fmposition of - addltional exeontive power as sush upon any or either of the cflisers coustitating the exccutive department, and we do not thinkit within the scope of legislation to framo a law for the regalation and mausgement of riilroads uuder lhe commigrioner system, with the above limitations as to the personuel (f the commisstoners and within tho limits of tho eonstitutional powera of gov- ernment owver private or eotporate righ's which would be capable of en- forcc ment, Respoctfu'ly submitte?, Gro. B. Lakg, chiof justice. AmAsa Conn, SAMUEL MAXWELL, THE SENATORIAL CONTEST Spocal Dispatch to Tur Bru, Liscowy, January 25, ~Two bsllots were recorded this morning with the following resulte. These ara the elev- enth and twelfth jolut ballots which have been taken, THE ELEVENTH waa an follows: }judges. BALLOT eulogizo the late Senator Hill, Ad- journed. S Burial ¢f the Barat Bodies: P | 8pecial Dispatch to T Bun. WiLWAUKER, January 26.—The sol- emn last rites over the unrecognized victims of the Newhall house disaster occurred this forenoon, Nearly all the business houses, all the clty and county departments and banks were oclosed, and the chamber of commerce aud postoffice from 10 till 12 o’clock. The occasion was generally observed as one of deep mourning. Pursuant 1o an sgreement cf the clergy of all confessions twenty-three bodies were awarded tothe Protestants and twenty o the Catholics, Each victim was placed in a neatly trimmed coffin and every scrap recognizyd as remains of a human were cared for, The bodies aseigned to the Protestants were taken to the exposition balldin which was densely crowded. services experienced an interruption by the explosion of a steam pipe in one of thegalleries. Ths crowd made a rush for the exits, but was eoon qnioted. Fally ten thousand poo- ple were in the Dbuilding, bat the stampede was mnot at- tended by any fatal results. Simultaneously with exercises at the exposition building the Oatholics held sorvices and the Protestants were taken to Forest Home and the Catho- lics to Calvary cemetery and Interred in common graves under impressive ceremonies. The citizens’ committee are busy collecting funds for monu- ments to mark the last resting place of victims of the terrible disaster. The inquest in the case is adjourned until to-morrow on aeccount of the faneral ceremonier The U. P. and ths Guvernmoent. Bpecial Dispatch to THx Kxx. New York, January 26 —The Post says: “Toe Washington dispatches giving notice of preparations of the attorney general to begin suit against the Union Pacific to recover abont $1,000,000 alleged to be due the gov- errnmont on account of earnings of the road for transportation of materlal for its own construction, does not seem to affect the market price of Unton Pacific stock; probably because it does not strlke the general public a8 consistent with the policy of the government to subsldizo railways and then tax the process of construction., We learn from the chairman of the government directors of the Union Pacific railroad company that the reports of trouble or discord between them and the offi- cials and directors of the company are withont foundation, Al information askod for by the government directors is furniahed by the company and the government, The directors are now actively enzagod in the preparetion of their 1eport for the secretary of the interioe, The Pacific Bobbirs. Special Dispatch to Tus Brk Satr Lake, January A con- struction engine on ehs Denver & R Gra jumped the track and killed th engineer and brakeman and wounded two others, but not fatally, A reward offered for tho men #ho at- tempted to rob the Central Paclfic teain, Thero I8 no trace of them as yeot. It is believed there exists a loose organizition of thieves on the western border of Utah, derin whien they are presonted by the resolution, the firat is as follows. First—*Would riilway commissionera be state exacutive offisors i created by the levislature? As railway commissioners are at present unknown to the coneti- tution and laws of this state, we tako it for granted that the hou'e in the wording of the resola- tion had rcf:rence to those cffizers as known to the lawa of somo of our sister ataten, In looking into tha statutes of the state of Towa for in- stance, wo find 8 law making it the duty of the governor, by and with the advice and consent of the executive council, to int three competen peraons (one of whom shall be s o'vil engineer) who shall constitute a board of railroad commissioners, &o., &c. The act in its several sectlons provides salaries for the commissloners to be psid out of the stato treasury, that they shall hold their cfices a* the state capitsl, and in maay provisions make their duties co-cxtensive with the limita of the state. There can be no doubt then that wore a commuis- slon of this general oharaster provided tor by an act of the legislature of this state and such act contained tho samo or slmilar provisions as thoee ccntained in the Heist, Brirbower, Miller, Naline), Roche, Saunders 14, Stickle 8, Cowin 19, Connor 9, Crounse 2, Boyd 33 lard 22, Manderson 7, Morton 4, Thayer 16, Weaver 1, Lake 2, Dye 1, Hollman 1, Brown 1 THE TWELFTH BALLOT was as follows: Saunders 106, Sticke! 8 Cowin 12, Connor 9 Orounse 2, Boyd 31, Mil- lard 22, Manderson 7, Mil- Morton b, Thayer 15, Weaver 1, Lake 2, Dye 1, Hollman 1, Brown s, THE VOI'EIN DEFAIL-- Spooial Correspondence of The Bee Lincowny, January 26.—Af€ noos the senate proceeded in a body to the hall of representatives to hold a %oint con. vention for tha election of a United Stutes senator. The eloventh ballot following remsult: For Mavderson—Bomgardner, \Vnslkar, Cox, Jensen, Robberts, Sadelek showed the Sowers, ~7. For Snunders—Brown (of Lancaster), Colpetz r, Draper (of Knox), Gow, Grimes, H w'r, Johnson, Dixo. ), Palmer ( f autoott--14, act cf the Iowa legislaturo referred to suoh conmissioners would be state ctfisers. Whether they would bo state executivo cflisers within the meaning of our coostitation must be deter mined by an examination of the pro- visions ot that instrument, The first clauso of article 2 of the constitution is in the following language: * The powers of the government of thi state are divided into three distinct de partments —the legialature, executive and judioial,” Articles three and four are devoted to the legislative department, invest- ing its anthority in a serate and house of representatives among the eeveral counties of the state, &3, &e. Artiole five is devoted to the exccu- tive department; and provides that it “‘phall consiat of & governor, secretary of state, auditor of public accounts, treasurer, superintendent cf public in- straction, attorney general, commis- sioncr of public lands und buildings,” &e. Articl departmont. T'he powers of the state government being thus by the fundamental 1o+ divided into these three distinet de- partments, it is clearly incompetent for the legislature to create acom mission and invest it with any cflislal power without as:iguing the duties thereof to ons or the other of them The powers and duties of rallroad commissioners ns defined by the statuto of Towa above referred “to are in-| A® Webster in do- herantly executive. x is devoted to the judicial For Thayer—Brown of Clsy, Fisher, Harrison, Howell, Cole, Cook of Nuck:lle, Grimstead, Howard, Martin, Nettleton, Ranney, Russell, Spanogle,Steever, Sweur- ingen—15, For Btickel—Ieynolds, Rieh, Berkley, hitzel, Young—7. Town, Werhan, ¥or Morton—Case, Liunphy,, Kogers, Tower—4, For Cnnuor—Bnker‘, Butler, Dye, Ar- mitage, D dd, Haven,* Ri y T, S Cowin Dolan,Kinoskd, Norls, 'or Cowin ~Dolan, Kin Bab- cock, Christopherson, Collins, JDawson,. Golrélon. Hal Wi.-nblm ‘Wolph. For Millard—Fiiley, Harrls, Schoenheit, Abell, britton, Brown, Castls, Cbarlston, Fablioger, Field, Grout, Gray, Morrison, Bavage, Bew one, Stephensen, Suessen bach, Taylor, Thompson, Walker, Worl, Humphrey—22 For Orounse—Hatch, Kuoney—2. For Bord—=Brown (of Douglas), Brown (of ColMax), Canfield, Coukling McShane, Patterson, Savg, Thatch, Ashhy, Birton, Carnaby, Clark (of Douglar), Clark (of Colfax), Davenport, Di Case). Franse, Freeburn, Graver,|Haring. ton, Helnrich, Hoebel, Hollman, Loird, Luthey, Mc(iavock, = Neville, = North, J ‘ne, Schroeder, Thouas, Tu:tle, Watts ‘o Liake- McAllister, Whedon—2. For Dye uan - Rainey—1. A sccond ballot was taken, but the chavges were unimp:rtant, Olark, of Colfax. casoged from Boyd to Holl- man; Ramaey changed from Hollman to Siunders. Jones was absent, ex- cneed on account of sickness in his fumily. 1 o'clock the convention ad- journod to F:i fining this word eay —_— “In government oxecutive in distinguish- 7 Mains Laws. od from legislative and judicial—luguala. | Special Dispatch to Tie Br. tive being applied to the organ or organs | Avcusra, Me., January 25.-The of government which make the laww, judi. | cial to that which inte 0 the laws, aul exeout carries thew i effeot irad c¢r contem vest such railway com mission with the power to mako law or eyen to interpret or apply them but, that such duties would be to in oarrying the laws into effct, Hence their dutles would be exceutive, if atate off tren iry and their field of duty co extoneive with the territorial limits of the state, they would be state execu tive officers The second question: “Would such sn office if created by the otw and applics o to that which itod by other stion we do not aid and s if paid oat of the utate jadiclary commiriee of tha loglalature voted to rep. legislation inexpedient on changlng stato eloctions from Sep- tember to Novomber. It will report a bill prohibiting the sale and use of toy plstols, alao to compel the erection of fira escapes in hotels and public buildings. The committee on com- merco will deaft & memorial to the goneral governmont and Massachusetts .| to abolish compulsory pilotage, e 3 A Bank Bogins, . | Special Dispatch to Tux Bxs. WasuiNaroN, January 256,—The - | Firat National bank of Baker City, Oregon, has been avthorized to com- mence business with a capital of $60,000,