Omaha Daily Bee Newspaper, April 23, 1883, Page 1

‘Q(_, Tez. OMAHA DALy B TWELFTH YZAR 121 6. en's Cas OMAHA' NEB MONDAY MORNING APRIL 23, 1883 B. NEWMAN & CO. Beg leave to call the attention of the ;,'Public to their immense stock of simere Sac Suits, Men's Cassimere Frock Suits, Men’s One-half Dress Suits, Men's Drers Suits, Men's Spring Overcoats, Youths' Sack Suits, Youths' 4 Button Cutaway Suits, Boys' Cassimere Suits, Boy s’ Dress Suits, Children's 2 Garment Suits Children’s Kilt Suits, ALL WORK MADE UP IN BEST STYLE. TSN Yer-oi Q B 0—°° i*mm' E: B s LE, %%gz o Ogg Men's Dress ONE PRICE hirts, Men's Percale Shirts, Men's Cheviot Shirts, Men’s Gause Underwear, Men's Balbrigan Underwear, 202 121 8. Men's Fancy Underwear, Men's Jean Drawer s, Men's White and Fancy half Hose, Suspenders, Neckwear, Hats, Trunks, Valises. All Goods are marked in plain figures, and aresold for CASH at a very small margin. MEIRCOCEL A N T T AKX IO R I N G- ONLY. B. NEWMAN & CO. THE LAST DITCH. The Forlorn Hope of Iowa Prohibitionists a Flat Failurs, The Supreme Oourt Declares the Amendment Null and Void. Principal Points of the Decision. Special Dispatch to Tus Ba, Dusuque, Towa, April 21,—The de- olsion in the amendment case was not filed untll 6 o'clock this afternoon. The opinions are voluminous, the ma- jorlty covering 84 pages of legal cap, and the minority, consisting of Judge Book alone, covering 113 pages. The majority opinion 1s in harmony with that rendered at the first hearing, de- olaring tke amendment null and void. The opinion of the court was deliver- ed by Chief Justice Day. Onthe only new qaestisn raised in the argament for rehearing, that of jurisdiction, the court is positive that the courts are institated for the purpose of ad- judicating the acts of the leglslatare. e court says, & petition fora re- hearing was presented in this cause and whole cases have been reargued by eminent counsel with much ability and researoh. In view of the great interest which has attached to this question, and of its public importance, 1t 1s deemed not only gmpcr but nec- essary to exasmine with censiderable fullness the leading points relled upo: as necessitating a conolusion differ- ent from the one reached in the FOREGOING OPINION, It is assarted in the opinlon for ra- hearing, that the judicial department of the state has not jurisdiotion over & political question and cannot review the action of the fifteenth general as- sembly of the people in the matter of the adcption or amendment of the con- stitution of the state. This position practloally amounts to this: That pro- vislons of the constitution for ita own amendment are »imply directory and may be dlsregarded with impunity, for it 1a {dle to say that these require- ments of the constitution must be ob- served 1f departments charged with thelr observance are the sole judges a8 to whether or not they have been complied with. This proposition was advanced for the first time upon the tition for a rehearing, and if correct t is of course an end to the contro- versy. Upon this branch of the case the counsel cite Luther ve, Borden 7, Howard 1, As this case has prinot- pally been relied upon by the advo- cates of the theory nowj under consid- eration, and has been given great rominence in the discussions which ve taken place, the court presents fts facts with a degree of fullness which, under ordinary clrcumstances, would, perhaps, be considered un- necessary to present, that the case may be FULLY UNDERSTOOD, Here follows a full statement of tacts in the Luther case, and the law questions ratsed, Of the correctness of that decleion no one can entertain a shadow ot a doubt. Bat differences between that case and this, says the court, are so mauy and so evident as to deprive it of all force as an authori- ty In the present controversy. In that case an entire change in the form of government was undertaken; In this, simply an t in no manner tflwl[’n. the jadiclal suthority of those under the existing government, 1s sought to be Incorporated into the existing oconstitution. In that owmse the charter provided no means for its smendment. It this the mode of making sn amendment s specifically provided. that case the authority of the court was involved for the admisslon of oral evidence to overthrow the existing overnment and establish a new one o its place; in this that authority ls involved simply to preserve the present oconstitution intact, It is apparent from the reasoning employed, if it should be done by sanctioning the dootrine contended for, a precedent would be set which would plague the state for all fature time. A ‘Ban- quo's ghost” would arlse at our incan- tation which would not down at our bidding. The contest of would-be rival goveraments in the state ot Rhode Island ralsed a question which was above the power of existing courts, and 1t lsa matter of history that it was not determined until the adherents of the Dorr constitution fled at the polnt of the bayonet. We have read history to little parpose if we refuse to learn from ius examples or profit by ita teachings. The publio dangers which threatened the republio from RIVAL CLAIMS FOR THE PRESIDENCY, #0 graphically, and so beautifally described by the jappellants’ attorney, were averted only through & commis. slon created by congress and entrusted with judiclal powers,which judiclous]; determined the questions Involv snd to whose decislons the people yielded voluntary obedlence. That judiolal declsion averted the horrors of olvil war. The political department of the government to which much reference has boen made in this case stood appalled and impotent in the face of the great dangers, and yet we are asked to vindloate our functions, tc deny our jurisdiction, to leave the question of an amendment to the constitution unless voluntarily as- qulesced in, to be determined by = resort to arms. We ought to ponder long before we adopt a docirine so fraught with daoger. All danger lies in the line of argument of the appel- lant’s attorney. Courte can never overturn our in- stitations or sabvert our liberties, They command neither peace nor the sword of a state, but a people which is educated to disrespect the declsions and disregard the adjudication of the courts Is prepared for anarchy and all its attendant evils and DREADFUL CONSEQUENCES, ‘We may perhaps be excused, if in the interest of soclal order and public security and the permanency of repab- lican lnstitutions we enter a most ear- nest proteat » st the heresies which have been advanced in this case. The court then refers to cases cited hy appellant, 13 Peters, 41 3 Blatchford 12:13; Wallace 646, and others, and poiats out where they differ from the ocase at bar. The comt quoted from 75 Pannsylvania state us applicable here, that there are bat thres known modes by which the whole people of the staie can give their assent to an alteration of an ex- {sting lawful form of government: First—The mode provided in the existing constitution Second—A constitutional conven- tlon, Third—A revolution. government, They cannot change it unless in an authorized manner. No heresy has ever been taught in this ocountry so fraught with evil as the dootrine that the people have a oon. stitution right to dlsregard the con stitatlon, It tends to revolation and suarchy. It ls incumbent upon all who Influence and mould public opin- fon to repudiate so dangerous & doc- trine before it bears frult destruotive of republican Institutions. THE COURT THEN BAVS: The authority without conflict is thav net only must the constitation be mdoj in the manner presoribed in Tae people are under an organized | the exisf constitution, but it ia competent for the courts to Inquire whether in the adoption of the amend- ment the provisions of the existing oconstitations have been observed. The voloe of the people can only be of legal force when expressed in the man- ner pointed ou: by themselves in their constitution. Here the court oltes this dootrine. The second question ralsed was that the judgment of the Nineteenth general assembly on the proceedings of the Elghteenth geueral assembly 1s conclusive and cannot be renewed. On this polnt the court discusses all the authorities cited by counsel, and say in thelr opinion the question in- volved in the case at bar does not fall within the principle laid down by such authoritles. Having disposed of this question the court shows wherein the provisions of the constitution relating to its amendment were not complied with, It was clalmed in the argu- ment that ocertaln papers pro- duced ocarrled the defects shown by the records of the leglslature. The records are the ultimate and conclu- slve proofs of the proceedings of the legislatare. It would be a startlin, dootrine Indeed if it should be hel that the journals of the general assem- bly could be contradicted by a paper produced upon the street three years after the action was had by & person who will not permit his name to be declared, and whom the court is not permitted to know. We might well tremble at the permanency of our constitution if such proceeding could be lm:Ionod.‘ hI: is & matter olho the Rreatest regret that a r should have been brought lnp.t s case so clearly not entitled to legal oconsider- ation, and which could have no cther effeot than to further inflame and ex. oite an already excited and inflamed public mind. If all obstacles in the way of sustaining the amendment al- ready considered could be overcome, there are still others in the way llkely to be unanswerable, IN CONCLUDING THE OPINION the court said: Placing the most lib- eral construction upon the provision of the constitation under considera- tion of which 1t 1s susceptible, we think 1t requires at least that entrles upon the journal shall show the terms of the emendment submitted. This is not shown upon the journals either of the senate or house of the eighteenth fnonl assembly, We have approached l:hm} lclilun.nd this rave question w! all appreciation gl th-qru nsibilities whl:oh 1t in- volves, and we have given to its con. slderation the earnest attention which its importance demands. We have sought to maintaln the supremacy of the constitution at whatever hazards. It Is for the protection of minorities that conslitutions are framed. Sometimes constitutions must be interposed for the protection of msjorities, even against themselves, Constitutions are adopted in times of public reposs, when sober reason holds her citidel, and are designed to check the surging passions in times of popular excitement, but if courts could be coerced by popular majorities into a dlsregard of thelr provisions, constitutions would become mere ropes cf sand, and there would be an end of social security and constitu- tlonal freedom. THE CAUSE OF TEMPERANCE oan sustain no lojury from the loss of this amendment which would be at all comparable to the injury to republican Institutions which a violation of the constitution would infllet. That large and respectable class of moral reforms which so justly demand observance snd enforcement of the law cannot afford. to take its first re- formatory steps by a revision of the oonstitul How can it conalstently ‘demand of others obedlence to & con- | titution whih 1 viclates ieelt,” The numerous authorities in support of | i people can, in a short time, nulltha'w amendment. In the matter of a great moral reform, the loss of a fow years is nothing. The constitution is the palladium of republioan freedom. The young men coming for¥ard upon the stage of political actlor must be edu. oated to venerate it, Those already upon the stage must be taught to obey t. Whatever interests may be ad- vanced, let who suffer; whoever or whatever mg.::md upor down, no sacriliglous must be lald upon the constitution, THE LILY'S POODLE. —_— Bebhardt Goes For a Baltimore Reporter Destitnte of Sand, And Oompels Him to Retract a Published Interview. Special Dispatoh to Tun Exn BartiMore, Aprll - 22, —Freddie Gebhardt, whose assiduous attention to the ‘““Jersey Lily” have been so widely commented on, threatened to repeat his 8t. Louis experlence last evening, by attacking John A. Shrev er, a reporter of the Balttmore Ameri- oan. Shrever wrote up and published an acoount what purported to be an interview between Mrs, Langtry and bimself, in the former's dressing room, Last evening Freddle ap- proached Shrever, who was standing In the lobby, and In an abrupt manner demanded to know by what authorlty he had presumed to write such an Interview, and Shrever finally admitted his card, which he had sent to Mrs. Langtry, had been returned, but she had been later- viewed by an American reporter while on the traln en route to Baltl- more from Washington, Gebhardt characterized the whole matter of the Interview as a Ille, and remarked, ““That he could whip a llar,” and threstened unless retraction was made he wonld treat Shrever as he had treated Cuanninghsm in Bt. Louls. He further threatens to pub- lish a card over Mrs. Langtry's signa- ture, donyln%ths fact of the reported interview. The Amerlcan this morn- ing admits there was no interview with the reporter of the paper Thurs- day night, and whether that will satls- fy Gebhardt remalns to be seen, A Oirous Mobbed. Special Dispatch to Tun Bss, Witmiworon, Del,, Aprll 22,—A apeclal from Dover states that O'Brien’s olrous, Saturday, was at- tacked by a mob after the evening performance. The mob opened fire on the wagons on the way to the depot, accompanled by » goard of showman, Eight or ten of the clrous employes were shot, some seriously. Charles Henderson, one of the pro- prietors, was shot in thé eyeand head. ML LB LB Chicago's Dandy Ground, Bpecial Dispatch to T Bxx, Onicaco, April 22, —The Chicago base ball park was thrown open for Inspection yesterday afternoon, and it {s declared to possess the finest ap- pointments ¢f any grounds In the country glven up to the sport. The seating capacity has been increased to ten thousand, and sccommodations for three thousand under cover has been provided. One of the extrsvagant featares Is the erection of s number of private boxes and stalls. Ten thou- eand dollars have been expended Iu lmprovements. _——————— Manuel Romero, of General Diaz Eny was taken suddenly sad ldaulhz in New York yesterdsy, He waa tor last night. THE NATIONAL CAPITAL. Toxt of Secretary Teller's Let- ter to the President of the Union Pacifio. The Purpose of the Buit Against the Railroad OCompany Fully Hxplained. New and Old Postage Stamps and Treasury Notes, Eto. THE U. . DEBT. Special Dispatoh to Trs Exa, TELLER'S LETTER TO DILLON, ‘WasHiNGTON, April 22,—The fol- lowing 1s the full text of the leiter respecting the fiasnclal difference now existing between the United States aud the Union Pacific rallroad, which was addressed by the seore of the interior to the president of that company: DEPARTMENT OF THE INTERIOR, WasHINGTON, April 21,1883, Sidney Dlllon, president of "the Unlon Paolfic rallway, New York, 8ir: The commissioner of railroads in a communication to me dated the 18th inst., submits statements, coples of whloia are herewith encldsed, showing the cash requirements from your com- pany for the year ending December 31, 1882, under the actolMay 7, 1878, to be $820,9C5 61. Added to the net oash requirements glalmed from your company to December 31, 1881, the amount now claimed to de due the Uniced States, after dyducting tra portation services ormed to De- comber 31, 1882, Is §1,727,742.64. In addition to the demands for pay- ments of varlous sumsnlready made for pericds prior to Jasnary 1, 1882, I demand payment od behalf of the United States from theUnlon Paclfio railway company of thesum of $825,- 906,51, which is the 011 requirement from the company for the year anding Decerrber 30, 1882, Attention 1is called to the statement of the commls- sloner as follows: The fotal balance elalmed by the governmept under the aot of May 7, 1878, up & December 31, 1882, is $1,727,742 It the whole amuunt claimed by \he company on account of contestel items for new construction aud jew equip- ment be deducted, there would atill remain an uncontestal balance of $1,036,824 88, as appeas from the following statement, and no part of which has been pald or taadered ex- ocept $69,358 83 on July 25, 1881, s $001,837 03; for the year «nding De- cember 31, 1882, $820,008 61; total, | $1,727,742 b4 Deducting 256 per cent of the amount clalmal by the company for new construgtion and new eqnipment to December 31, 1881, $696 329,86; and 25 per centfor 1882, $0600,017 66; the balance due the government is $1,036 824 88 If the company has any defenee to this part of the cash payment required this cflice has not been Informed of 1t 1 desire also to call your atiention to the slxth seotlon of the act ¢f May 7, 1878, which provides that nd dlvi- dend shall be voted, made or pad for or to any stockholder or stockhelders in efther of said companies reipect. {vely av any time when aaid companies ahall be in default in respect of pay- ments, elther of sums required as aforesald to be pald into said sinklng fund, or in respect of payment of b r centum of the net earnings, eto. your company should decline to ao- oede to my demands for psyment of l‘h. wh;lo amovnt t::: o “I:ut United tates I suggest at poy- ment of 8o much of the balance due sa. the company does not omteat, viz.: $1,036,824 89 be made vithout fur- ther delay, and without jrejudice to the questions in controwrsy which are proper for judiclal dermination. If the company should into the troasury of the United 8 the un- contested balance as abow, I desire 1t distinotly understood that the de. mand for payment of te whole amount as herelnbefore stged, is not walved. Of oourse you must well know that I have not auhorized to demand or accept a less anount than {s due to the United States under the law. Yours respectfull; H. M. TELLER, &unhry CAPITOL NOTE. pocial Dispatches to Tus Ban. NEW POSTAGE STAMBS, WasniNatoN, April 22.-There is some talk in the postoffice dpartment about & new stamp to be of the value of 4 cents. When the regilar letter rate {s 2 cents it will be covenient to have a lhmf ot double thx value for overwelght letters. It {s ni proposed to drop the 6 cent stamp, vhich Ln the likeness of Abrahan Linooln; that will still be convenieni for parcels and third olass matter, and he demand for 6 cent stamps, used w mos'ly for overwelght letters, » ts that 4 cent stamps will be wante« aftar the new rate goes into effes. Nothing will be done about the msiter at pres- ent snd the manafactre of new stampa will depend on puslic demand, General Bherman gave s dinner las\ night in honor cf Postmuster General Gresham, THE FIVE PER CEN? FUND, The secretary of the lterior has re- quested Attorney Geneml Brewster to appear in behalf of thy commissioner of the general land offive in the man- dsmus procsedings inavgurated by the state of Illinols in the supreme couri of the United States, This is an ap- plication for a mandamus to compel the government to allow that state five per centof the net proceeds ot the sales of public lands within the state, for which payment vas made at the rate of $1.26 per acre in military land scrip. HON. J, R, PARTRIDGE, United States mialster at Peru, re- ported in person to the secretary of the state and remained halt an hour and departed for Baltlmore. Par- tridge declined to say anything about his visit to Secreiary Frellnghuysen, and the state department cfficlals will say nothing hmz:r than that & leave of absence had been granted Partridve upon his own applioation on the ground of {1l health, but that he has not yet indloated how long he desires to be absent from hls post, TREASURY FIGURES, The statement of the United States treasurer shows gold, silver, United States notes in the treasury asfollows: Gold coin and balllon, $186,392,2560; sllver dollars and baullion, $108,- 782,401, SMUGGLING ON THE RIO GRANDE, It 1s reported to the treasury de- partment that smuggling is being ex- tensively practiced on the Rio Grande river, and that a difference of opinion exlats between the distrlot attorney for the southern district of Texas and collector of customs at Brownaville, as to the authority of the officers of the latter to arrest na detected in the act of smuggling. The question has been referred to the sollcltor of the tressury for an opinlon. The sollcitor says he has no doubt that the officers have the same right to ar- rest offenders that they have to selze smuggled goods, provided the arrest 1s not made on Mexioan territory. THE GARFIELD HOSPITAL, of the Garfield mem- have purchased a orlal hospl of property situated in the suburba of this olty, at a cost of $37,000. The money to be realised from the sol- dlers’ and sallors’ orphan asylum roperty, which was donated to the field hospital, will be dovoted to the erection of a hospital butlding up- on the land just purchased. DEATH RECORD, The wite of Solleltor General Phil- l|m dled last evening of apoplexy :hl t:nmking her tollet preparatory to g OIP;idnfi.:‘i' hl:.oth'hr' of the na congestion of the liver. He was a native of Indians and was in command of the recelving ship Franklin, but was about to be re- tired on his own application, HOME AGAIN, The president and Secretary Chan- ! dler un:lr{my arrlved at 9:30 to- night. e president Is in excellent health, The party was met at the depot by Becretary Frelinghuysen, Attorney General Brewster, and » large number of friends. MRS. CREEN'S GALL. She Boldly Braces Up and Wal- lops Two Editors in Court, An Artistic Job at a Oost of Five Dollars, —_— Horsewhipped in Court. Bpedal Dispatch to Tus Bas. Chicaao, April 22, —Justlce Prin- divilles court room presented an un- usually lively scene yesterdsy., Mary J. Grmg an artist, through her law- yer, A. 5. Trude, swore out a warrant agalnat Jymes W, Scott and his brother-in-hw, Hateh, publishers of The Chicago Horald, charging them with criminal {bel, It appears that the woman and Yer son were ‘‘written up” in the pater as swindlers and *'fakirs,” it 1n alleped, for the purpose of blackmall, The les' appeared in oourt to give bondy, the two news- aper proprietors bellg accompanied gy Mr, Trude. The picess of ball- ing was progressing ull * right when Mrs. Green, who seated In a ocorner, suddenly sprang % her feet, and pnlling s formidable Morsewhi; from under her shawl oo mus laying it about the head and lders of Mr. Boott and then tu " upon Mr. Hatch. Trude and the jNtice interfered and trled to preserve the dignity of the court but without av: The son took p hand in and stood byfi mother, Afier a great struggle quiet, waa restored and a fine of §6 on each was imposed on Mrs Green and her son. Ia the complaint Trude characterizes Herald as a ‘‘water closet of jour. nalistic debauchery, and a blackmail- ing sheet, without the Assoclated Press dispatches,” etc. A reporter saw Mr, Scott not long after the oo currence above narrated, seated at his managerial desk and looklug quite convalescent, He had a small mark on one cheek not bigger than a pim- le, and looked as cheerful as usual. r. Scott says that Lawyer Trude was at the hear of the whole thing and brought the gang into court with him, but how such ceeding was golng to help him or g(!l Green he oould not understand, He does not regard the matter very seriously and 1s rather disposed to laugh at the ridi- oulous chlrm.:‘ol m hl:m which was o ) w! 'Was power- loss to preveat. ———— James Park, jr., one of the oldest steel “fl“flm‘ with lic and chartable movements T S e i