Omaha Daily Bee Newspaper, February 12, 1887, Page 1

SIXTEENTH! YEAR. GUARDING THE STATE FUNDS The Honse 8its Down Hard on a Number of Treasury Raids. THE JUDICIAL APPORTIONMENT, More Time Wasted in the Senate Dis- cussing Prohibition—The Convict Contract Extension Bill Passes ~S8cabh State Work. Senate Proceedin LINCOLY, Neb, Feb, 11.—[Special Telegram to the Bre.) o senate met at 10 o'clock and went to work at onee in committee of the whole, Mr. Futler in the chair, On aceount of the superiluons talk yesterday, Mr. Brown of Clay made a motion that no member be given more than five minutes in which to speak, and that he be not permitted to_speak more than twice upon the subject, The result of this will beagreat saving of time. The speclal order was taken up, it being senate file 174, to apportion the state into judicial districts and for the appointment and election of ofticers thercol, It embraces the whole state, and was framed by the committes on apportionment, the judiciary committee as- sisted by the judges and the bar of the sev- eral judicial distilets. “The provisions of the bill “which interest th wreatest number probably, are those affecting the present Second wnd Third districts. The former now embraces Lanc , Cass and Otoe counties. ‘The new bill provides that Lancaster county alone shall compose the Eleventh and Cass and Otoe shall be cut off to make the Second district. The 'Third district s not changed geographically, but the bill pro- vides' four judges “for it, according to the wishes ‘of the bar of that district. The First, Fourth and Seventh districts one judge. ‘The diseussion upon the composition of all the judicial districts resulted as follows First Distriet—I rdson, Nemaha, John- son, Pawnee and Gage countles, Sceond Distriet—Cass and Otoe. “T'hird District—Douglas, Sarpy, Washing- ton and Burt. Fou aunders, Butler, Colfax, Dodge, , Merrick and Nance. Fifth—Saline, Jetterson, Fillmore, Thayer, Nuckolls and Cla Sixth—Seward, York, Hamilton and Polk, Seventh—Cuming, — Stanton, Wayne, Dixon, Dakota, Madison, Antelope, Pierce, Cedar and Knox, and the unorganized terri- tory north of Knox county, Winnebago and na reservations, hth—Adams, Webster, Kea lin, Harlan and Pheips, Ninth—Boone, Garfield, Loup, Valley, counties, and the unorganized territory west Blaine county. Tenth—Butfalo, Dawson, Custer, Lincoin, Sherman, Logan, Keith and Cheyenne coun- ties, and the unorganized territory west of Logan county, Eleventh— Tywelfth—Gospe Willow, Hayes, Dundy. ‘Thitteenth — Nolt, Brown, Keya DPaha, Cherry, Sheridan, Dawes, Sioux and Box Butte'counties and the unorganized territory north of Holt and Keya Palia counties. ‘The bill as outlined above was recom- mended Lo pass. nate file No. 23, to provide for the arbi- tration of controversies between laborers and corporations, was discussed at length. Under itthe laboring man, wrongly treated by his omployers, can wake complaint to - the county judge. who shall select one citizen, the plaintiff another,and the defend- ant a third, who shzll comp a board of ar- bitration upon that particular grievanc learing to be conducted as near as may be atter (he manuer of ordinary civil cases. ‘The arbitrators shall partake of the character of a jury, and their award shall be made in writingand_returned to the county judge, who shall_file and enter the same upon his docket, and_thereon enter judgment in ac- cordance with the terms of said award. The cost of arbitration shall be taxed to the party to whom the award is made. 11 the defendant neglects to comply with the terms of the award within the time_specified, he shall be found guilty of an offense, the pen- alty ot which is i At not less than $5) and not d to the school fund. The committee recommended the passage of the bill. The senate adoyted the report and adjourned. AFTERNOON SESSION. Again at 2 o'clock to-day the senate cham- ber was packed from pit to dome, and the display of millinery and seal sacques was of great variety. ‘The senate went Into committee of the whole and resumed consideration of senate bill 14, for the submission to the people of a liguor prohibitory amenduent to the consti- tution, AMr. Duras moved to amend the previous question that the bill be recommended not to pass, M. Meiklejohn said: *Now. Mr. Presi- to take up any time dent, it Is not my desire or to talk for the purpose of buncombe or to make any record, This is one of the most momentous questions, and is being prayed for by a majority of the citizens of this state, 1t should receive consideration by the mem- bers of this senate, 1t I be wrong 1 w willingly give up the tloor, but we cannot afford to turn a deaf ear to 710,000 people. 1t has been asked here if llmrpuuvlu esire le islation on this question of submission, why have they not petitioned forit. Itis a fact that our constitution provides that upon a three-fifths vote of either body of this legis- Jature an amendment may be proposed. ‘There Is no provision fora petition of any kind. There has been amendment after amendment submitted, and 1 Nl\?’ that this legislature bas been flooded with petitions on this guestion, 1 wish to serve notice that I am not a prohibitionist in the line of a third party. There is only one question, and that is submission, It isnot a question’ of prohibition, but submission.”” The republican, democratie, prohibitionis Van Wyck or any other party were not con cerned,” 1t was a question of right or wrong, Democratie Texas had voted to submit, and the g nor on the same day recommended its passage. It was a quostion that the people should pass upon the basis of right or wrong. ‘That being true, he could not be- lieve the senate would turn a deaf ear because of political lines. e believed the question of prolubition should be handled in the par- ties of to-day, and favored no third party movement, “He believed that the people should have settled the question lo) 0, and that was why he favored the settlement of the question in the party of to-day instead of a third party, The people asked it and should be given a chance to vote upon it. Mr, Vandemark was surprised at the state- ments made by the gentlemen from Nance and Jefferson,© He had heard no mundate trou his people consmanding him ' to vote on the submission question. T'rue, at the re- publican convention last summer the man- date was that we should submit the question, but this senate was not the republican nunly. He could not understand where the mandaie Arose, His constituency of 25,000 people had not asked for the submission of this question. ‘The speaker at some length reviewed the femperance agitation, and said that when prohibition became assurad by legislative enactment it would be when the lion laid down with the lamp, and in that event the lamb would be dead. Herecited some ancient history in "“l'lr'" of his arguwent, The Savior "had used wine and tolerated it and in fact turned water into sine when amonyg prohibitionists, while Mobammet, X years after, had founded a religion which probibited the use of wine. The speaker chose the example of Clirist, It was hatural for a man to protect himself, and the beast possessed the sawme in- stinet. It was a law of nature and it S not & subjeet of legislation. Prohibition eould never be enforced as long as the cereals were grown from wiieh it Mur- der and crime existed before its manufacture was invented. Oue-fourth of the population of the earth wet a violent death before aleo- hol was known, aud yet but one man was slain, Alcohol was not responsivle for al! ciime, Prohibition would not prohibit. It Lad been said by the tewperance people that when it proposed 1o abolish slavery, the Watewent was made that it could not be fone. Yet it was done. ‘The speaker held bat if slavery prevailed over the entire civil- eed world as” does alvoliol, it never could ave been prohibited, Mr. Duras said this matter had been dls- assed thoroughlygall over the stute, and he rney, Frank- neaster county. Furnas, * Frontier, Hiteheock, Chase Red and < 3 e should bo tht affiicted. He had heard enough of the tem perance question. ~His amendment that the illll be recommended not to pass had been put in writing. Mr. Snell asked that final disposition be not made of the bill, as some of 1ts friends were absent, It had been agreed that all members should be present when the bill was put to a vote, Mr. Robbias said the friends of the meas- ure had not forced the issue,and he thought further delay was necessary. Mr. Sehminke said the le had not sent here at a day to waste willing to go on tecord. If some gentlemen had come instructed to vote the bill let them do 8o, He had not been . Ifavote was not reached to- nperance people would bo held re- sponsibl Mr. Duras shared the Mr. Schuminke, opinion of | @M1 Brown favored referring the bill back yand passing it on the third r when every senator would probably b ent, Mr. Shervin could see no reason ading pres- for the | vote not being taken to-day. The bill was the It will never receiv votes on tinal passage, Senate file No. 5 to regulate fees of county ecommended to pass. the n ssary twenty clorks was disetissed at_lensth, and the com- cain asked leave tosit again. nate file 46, reculating cities of ‘the sec- s recommended to pass. Senate file 97, amending the statutes en- titled villages of the sccond class, was recom- mended to pass, Wlhen the committee arose the report was adopted. Mr. Keekley's grain bill (S, F. ¢ 2) eame up upon third reading and was pe sed by a vote enate file 187, entitled cities of the second class and villages, was passed. Senate file No, 121, providing government for cities of the second class of * over 5,000 people was passed. Senate tile 44, in relation to pensions, was passed, v I'he senate adjourned until morning. to-morrow NOTES, There has been a good deal of talk with reference to the action of the zovernor in the fight between Chureh Howe and Tom Majors in conneetion with the former’s contirmation as a member of the normal board. Mr, Howe had it stated in some of the papers that the governor had said to him that in the event of the senate rejecting Howe's nomi- nation he would at once return it to the nate as his appointment, vernor yer authorized the statement that he has never said to any one that he would return to he senate the nomination of Church Howe ter it had been rejected by that body, He would not return any nomination that had been rejected and would consider it dis- respectful to the senate to do so. Doings in the House, LiNcoL> pectal Tefe- gram to the Bek. ]—The house manifested a decidedly economic frame of mind this morn- ing. Almostat the opening of the session a resolution by Mr. Fuller that the committee on normal scheols be authorized to visit Fremont and inspect the building and grounds there, which it was proposed to donate to the state tor a mnormal school, if the state would assume the indebtedness of $6,000 or 87,000, was tabled. The resolution led t a general discussion of the normal school question, during which Mr. Kenney said he hoped the house had really got through send- ing out committees on junketing trips. If a committee was to be sent to Fremont, why not to the twenty oth places offering inducements for the establishment of normal schools. "Tlere were points offer- ing $20.000. e hoped the resolution would be voted down, Mr. Dempster favored the resolution, saying that he believed it was a good tinancial in- vestment. Mr.White favored it also. Several other gen- tlemen made remarks until toward the con- clusion of the question resolved itselt into a test of the fecling of the house on more nor- mal schools anywhere. The tabling of the resolution indicated t unless the house chianges in feeling, normal schools need not ply. 'f’l\c house went into a committee of the whole with Mr. Whitmore in the cliair and another showing of the same sentiment was made. ‘The committes took up Mr. Cole’s bille| to establish an asylum for incurable insane at Hastings. The bill contemplates an nlmrw priation of £75,000 and provides that ings shall give 160 acres of land within four miles ot the city. Mr. Harlan opposed the bill on the ~ground that ‘such an institution was not needed. The one at Norfolk is _justready for patients, and it is asking for §00,000, le favored additions to the present buildings, not construction of new ones in new loeations. Mr, Nichol supplemented Mr. Harlan's “Iil\uxl by further arguments against the Mr. Whitmore said the bill was a scheme of log-rolling. The people will notjustify it. 3ir. ‘Tingle opposed the bill, Upon motion of Mr. Smyth, the enacting clause was struck out. Subsequentiy, after the committee rose, Mr. Cole moved that th action of the committee be not concurred and called for the aves and nayes. The G. A. R. influence then demonstrated itself and enough ot the members who had voted in the committee to strike out the exacting clause voted the other way to carry Mr. Cole’s mo- tion—44 to 42, Then Mr, Cole kicked the pail of milk by calling for the ayes and Imf’s on “another motion that the bill be ordered engrossed and placed on file for third reading. Some of Mr, Cole’: friends went out betore their names were reached, and the result was his motion was lost, 34 to 45, A motion to recommit to the committee of the whole was also lost. The bill therefore hangs up to dry and probably will never get through. 1f Mr. Cole had submitted his mo- tion on a vote by acclamation it would have carried. ‘The bill to authorize the secretary of state to receive and provide for the safe keeping of the tield notes, maps, ete,, from the surveyor general’s oflico was recomimended for passage by the committeo of the whole, A resolution by Mr. Andres to rescind the contractof printing the house and senate bills awarded to Henry Gibson, was referred to the committee on printing, The resolution recites that the contractor is delaying the work and that he is having it done by scab printers in Kansas City, AFTERNOON SESSION. Mr, Smyth moved that the house go into committee ot the whole on the special order of the hour, the contest case from Sarpy county, in which the committee reported favorably to unseating Mr, McKenna and seating Mr, Snell. Mr. Randall moved as an amendment that the contest case be referred back to the com- mittee on privileges and elections, Mr, Smyth accepted the amendment, and the report was recommitted, ole moved that the bill regarding the sed Hastings' insane asylum be iade pecial order for ‘Tuesday evening next. That disposition was made of it, ‘The following new bills were introduced: By the Committee on Ways and Means—To provide for the payment of the salaries of the ofticers of the State government, hospi- for ingane at Lincoln, hospital for'insane at Norfolk, wstitute for the blind, deaf and dumb, reform school, normal school at Peru, home for the friendless, institute for fecble minded, live stock sanitary commissioners, rallroad commissioners and fish comm sione By Wetherald—Rezulating the fees probate county judges in the state of Ne- braska in counties Baving less than 1,500 nd amending sections S and 9 25 of the compiled statutes of Nee By Veach—To regulate the taxing of costs in certain cases arising under section 77 of chapter 14, compiled statutes of Nebraska, entitled “Citics of the second class aud of villages, By Hayden - To amend section § of chapter 25 0f t statutes of Nebraska, en- titled s, and to repeal section 9 of said chavter 25, By Watson— state of Nebrask Bills were passed as follows: Proyiding that in counties under township Oigabization bridges exceeding sixty feet in lenith shall bo constructed and waintained by the whole county. . Authorizing the auditor of publie accounts to draw warrants op the unexpended balance (l;r Appropriation for taking of census of 885, To appropriate $5,000 to relmburse Otog regulate commerce in the county for al of Qu Bohan no. When the bill extending the contract for lease of the penitentiary to C. W. Mosher for ten years after 1559 was reached, Mr. Young moved that the bill should ba recommitted to committee of the whole. He wanted it re- committed for the purpose of changing the title so that it would read A_bill for the benefit of C. . Mosher,” That was the only object of the bill, and he desired that it should indicate what it was, Mr. Watson opposed the motion, e claimed that the committee had received the opinions of all the nembars of the state board, governor and other state oflieials, and y had all agreed that the best thing the 1 ure could do was to renew the con- tract; that the prisoners were cared for as well as they could be, and that the state was mak v by the contract. The system of contracting convict labor was the best de- vised. Its opponents were manufacturers ot agricultural implements and other articles which the conviets could make, l)lx. Newcomer moyed the previous tion. M expenses in the tr nn ques- . Smyth sald in explanation of his voto that he was surprised at the unfairness that was manifested. Several gentlemen had been permitted to speak in favor of the bill and he was not permitted to reply. He was not prepared for such an_ expression of un- fairness on the part of the house, “The roll call then proceeded upon passage of the bill, Mr. Sinyth endeavored to be heard but was declared to_be out of order, He objected o final consideracion of the bill but was not permitted to discuss it When it came to his name Mr, Smyth said he voted no because he believed tne bill is wrong in principle, and Wrong in practice; and becauso therc ar men who would ‘accept this contract at cents a day. Itis infamously wrong to ex tend this contract ten years without inviting competition Mr. Whitinore—*‘There isan overwhelming public ~ sentiment among my constituents against convict contract labor.” Beeause of this and because, too, I elaim we could do better, I vote no.” Mr. Young—"'Believing this bill 1sin the interest of one man and against the interests of the state, I vote no.” -_rsx—"l vote no beeause it is right to assed. The following votes were recorded against it: Bick, Gafford, Gamble, Gilmore, Harrison, ~Horst, Jeaty, Knox, Matthieson, Russell, Satchel, Smyth, Whit: more, Willielmsen, Young. "I'né bill probibiting employment of child labor more it four months i a - year passed. PFho bill makine 1t unlawlul for any rail- road corporation to chiare more than three cents per mile for the transportation of any passenger, was passed. The bill’ to protect primary elections and conventions of political parties and punish illegal votin 7, tampering with the ballots or obstructing a meeting was passed, Messrs. Horst, Russell fand Tingle alone voting no, Mr. Russell changing his vote, saying that heé did so because he didu’t want'to be in such company. Mr. Horstretorted by sa; under obligations to the ge from the gentleman’s reput cniny his company. ‘The house went into committce of the whole, Mr. Smyth in the chair, “Thebill amending the law regarding fees of county and probate judges was killed by having its enacting clase stricken out upon Mr. Watson’s motion. Mr. Wilsey's bill, providing that whenever any person receives injury to person or prop- erty by reason of defect in highways or bridges located In any eounty, the county in which such damage arises or the town, if the county be under township organization, shall by linble, brought on some debate, Mr. Raymond opposed the bill_and_moved to strike out the enacting clause. This was lost. 'The bill was recommended for passage. During the debate Mr. Caldwell said that what the bill provided was already provided by the common law of every other stato and the bill would not be necessary were it not for a decision by the Nebraska supreme court, which had” been criticised by every writer on common law in the country, The bill to amend the mechanie and labor lien law by a proviso to the section which gives the person furnishing material or labor 1o a contractor a lien on the property, as fol- lows: “That a written notice of the' nature nd amount of the elaim shall bo seryed ithin twenty days from the day of furnish- ing such labor or “material on the owner or agentof tho property,” was recommended for passage. ‘Lhie discussion developed into a pretty thorough airing of the mechanics’ lien law. Mr. Caldwell made a vigorous appeal the enactment of a law which would the owner of property from tractors. It subse that he was man because tion he did not for protect cally con- uen!I?' developed from Mr. Russell’s remarks that Mr, Caldwell spoke trom his heart, as tho latter had been obliged to pay $750 twico on account of a rascally contractor’s defuleation. le committee rose, and its report was adopted. ‘T'he house adjourned until the usual hour to-morrow. THAT PRINTING CONTRACT, ‘The full text of Mr. Andres’ resolution in- trodneed this morning is as follows: Wihereas, the present contractor for legis- lative printing has failed in several instances to comply with the provisions of his printing contract with the state; and Whereas, Said failure was due to the fact that sald contractor did not |ln( the current rates of wages to the men in his employ, and forced them to go on a strike; be it Resolved, That the board of public lands and buildings be requested to insert in any and all contracts let by said board a clause comypelling contractors to pay the current rate of wages to any and all men in their employ under such contract; and be it further Resolved That the board of public lands and buildings be requested to rescind the nt contract for legislative printing. he above resolution was prepared and in- troduced upon the request of Messrs. Boyer, Abernethy and Lewis, representatives from the Omaha Typographleal union, who visited the legisiature this wi Salaries of State Oflice LiNcoLN, Neb., ¥Feb. 11.—|Special Tele- gram to the I —The house committee on ways and means introduced a bill to-day making the following appropriations for salaries of state officers for the mext two years: Governor's office, $%,400; adjutant general's office, $5,000; secretary of state, $12,200; auditor of public accounts, $15,000; treasurer, $11,200; superintendent of publie instruetion, $0,4003 commissioner of public lands ana buildings, §20,- supreme cour $20,000; state ot courts, $96,0003 no hospital for the insane, spital for the insane, ute for the blind, s, institute for the deaf and dumb, $21,0003 form school, $14.000; institute for the fe minded, $8,540: live stock sanitary comnis slon, ailroad commission, $17,716, tish comwission, §2,400, Work of Committees, LiNcory, Neb,, Feb. 11.—[Special Tele- gram to the Bee.|—The waysand means comwmittee of the house met this evening and practically agreed upon the miscellaneous ap- propriations. Altogether the appropriations will reach 1,500,000, Governor Thayer, Lieutenant Dudley and others appeared be- fore the committee and urged appropriation for the proper maintenance of two national guard reziments and one company of artil- lery. ‘This is done for the purpose of avail- “lI' the appropriations in the Sewell bill wliieh has recently passed congress, ‘The railroad committee held another meet- ing this evening and considered the bill in- troduced by Mr, Watson to-day along with other bills, " Mr.” Watson’s weasure praeti- cally applies the inter-state commerce bill to the state. - Short But Sh Piuinaverriea, Feb, 11.—A desperate and hotly contested prize fight came off this morning in an up-town barn, near Germa town, between Denuie F. Butler, the cham- pion gshort-distance swimmer of Awmerica, and John Reagan, of Kensington, A pur of §300 was the stake, and the time of th fight was eight nutes. ‘The tight consisted of three rounds, at the end of which it was iven Butles op a foul. 3 —————e Nebraska and lowa Weather. For Nebraska and lowa: Generally fair weather. hieber temperatieg, Lincoln, $10,4 Norfolk, $5,000; ——— NUMBER 230; | SEALED WITH DISAPPROVAL The President Plac2a His Veto on tha De- pendent Paronts' Pension Bill, HE EXPLAINS HIS REASONS The Country's Pension Legislation Reviewed From the Revolutionary War Until the Present Time and Conclusions Drawi. The President's Veto. WASHINGTON, 1L.—The president to-day senta message to the house vetoing the dependent parents’ nension bille The tol- lowing is the text of the messag T'o the House ot presentatives: 1 here with return without my approval House Bill No. 10,457, entitled ** An act for the relief dependent parents and honorably discharged soldiers and sailors who are now disabled and dependent uvon their own labor for sup rorte” *This is the first ceneral bill that has heen sanctioned by congress sinee the close of the late civil war pernuitting pensions to soldiers and sailors wi ved in that war upon the ground of service and present dis ability alone, and the entire absence of any injuries received by casualties or mcidents of such service, While by almost constant leg- islation since the close’of this war there has been compen fon awarded for every possi- ble injury received as a result of military se vice in the union army, and while the great number of laws passed for that purpose have been administered with great liberality and have been supplemented by num- erous private acts to reach special cases, there has not, until now, been an avowed departure from the prineiple thus far adhered to respecting union soldiers, that the bounty of the government Inthe way of pensions is generously bestowed when granted to those who, intheir military ser- ve, to a greater or less extent,” been 1 'Butitis a mistake to suppose that pensions, such as are permitted by cond section of the bill under consld- n, are new to our losislation, In 1815, thirty-five tter the close of the revolu- anted pensions to soldiers enzaged in that strugele, conditional upon service until the end of the war or for a term not less tha i 5, and requir- ing every beneti ct 1o be one “'who is, or here of his re duced eircuwstan: of assistance from his country for support,” Another law of like character was passed in 1828, requiring service “To the close of the evolutionary war.” and still another pa in 1832 provided for those persons not inclu in the previous statute but who served two years at some time during the war, and giving a proportionate sum to those that had served no less than six months, A ser pension law was passed for the benefit of rs of the war of 1812 in the year 1871, ix years after the close of that war, required only sixty days’ serviee, and another in 1878, sixty-three years after the way, requiring only fourteen days’ servicoe. The service pension bill passed at this session of congress, thirty-nine yoars after the elose of the Mexican war, for the benefit of soldiers of that war, requires either some degree of disability, dependency, or that th imant under its provisipns shotild be sixty-two years of age, and in_@lther that heé should have seryed sixty days or have been nctually engaged in battie. "It will be seen that tho bill of 1818 and the Mexi, pension,being thus passed neare the w in which 1ts beneficiaries w gaged than the others—one thirt and the other thirty-nine years after the term!natiop of such Wars— embraced persons who were quite advanced in age, assumed to be comparatively few in number, and whose gircumstanoes, depend- ence and disabllities Were clearly defined and could be quite easily tixed, ‘The other laws referred to appear to have been passeq time so remote trom the military ic the persons whom they embraced that their eme azo alone was deemed to supply the presumption of dependency and need. = The number of enllsted men in'the revolutionary stated to be 1, and in the war of ,022, but it timated that on ac- count of repeated r iistments the number of individuals engaged in the war did not ex- one-half of the number represented by figures, In the war with the number enlist- ments I8 reported to be 112230, whieh represents a greater proportion of individi- aged than the reported enlistments in The numb hen- I laws to soldiers of the 0303 to soldiers of to soldiers of the Mexican w ows up to June 80, 185, 7,619, This number of pensions was grantd to soldiers involying much hardship for disab curred as the result of such service, and it was not till within the last month that the few remaining survivors were awarded a service pension. “The war of the rebellion ter- nearly twenty. years ago. The number of men furnished for its prosceution is stated to be 2,772.405, No corresponding number of statutes have ever been passed to every kind of injury or disability ineurred in the military service of any war, Under these statutes 5 pensions have been granted from the year 1801 to June 30, 1556, and more than 2,600 pensioners have n added to the rolls "by “private acts passed to meet cases, many of them of questionable merit, which the average Jaws did not cover. On the 1st day of July, 1550, 863,675 pensioners of all classes were upon the pension rolls, of whom 30,565 were survivors of the war of the rebellion and their widows and dependents, For the year endingsJune Jo, 1557, $:5,000,000 have been appropriated for the hayment of pensions, and_the amount expended for that purpose from 1561 to July 1, 1586, is $508,624, 1L51. While annually paying out such a vast sum for pensions already granted, it is now proposed by the bill under consid n to award a service vension to soldiers of all wars in which the United nen- gaged, including, of course, the o the rebellion, and to pay those entitled to the benelits to the act $12 per month, So far as it relates to the soldiers of the late civil war, the bounty it affords them is given thirteen years earlicr 4 it has been tur- nished to the soldiers of any othes war and before a large majority ot iis bene- fielaries advance in age beyond the strength and vigor of the prime of life, It exacts only military or naval serviee of three onths, without any requirement of actual engage- ment with the enemy n battle, and without subjection to any ot the actual dan ers of ar. ‘The pension it awards is allowed to enlisted men who have not suffered the least injury, disability, loss or damage of any Kind ineurred in‘gor 1 any degree referabie to their military service, including those wno never reached the front at all, and those dis- charged from rendezyous at the close of the war, if discharged thiree months after enlist- ment. Under the last call of the president for troops in December, 1564, 11,503 men were furnished who were thus discharged, The section allowing this pension does, however, Tequire, besides a service of three months and an honorable discharge, that those seeking the benefit of the act shall be such as “are now or may hereaiter be suffering from mental or physical disability not the result of their own vicious habits or gross careless ness, which incapacitates them for the per- formance of labor in such a degree as render them unable to earn support, and who are dependent upon their daily labor for sup- port.” 1t provides farther that such pe I, upon making proof of the f d on the list of invalid pensioners of United States, and be entitled to for such total inability to vrocure their sistence by daily labor, $12 per montl such pension shall commence from th of the filing of the application in the pension office, ~ upon pnmt that _disability then existed, and continue during the existence of the same in the degree herein provided rovided, that persons who are now recei ng pensions under existing laws, or wi claims are pendiag in the pension offic may, by al.pllu-;uiun to the comwmissioner of pensions, in sueh forin a8 he may prescribe, receive the beuetit of (his act.” It 'is mani- festly of the utmost imporfance that that statuites whieh, like pension laws, should be liberally adwministercd as measures of beney. olence "in behalf of worthy .beneficiaries, should admit of no uucertainty to their keneral’ objects and consequences. Upon caveful consideration of the lunguage of the séction oi this bill gbove given, It seems to me Lo be s0 uncerfaln aid habls 4 sueh con- flieting censtruetions and to be subjert w such upiuss snd Jaiseblevous anplicalion. ay | upon their daily labor for suppott.” , to alone furnish sufficient ground for disap- proving the proposed legislation. Dersons seeKing to obtain a pension provided by section must be “now ot hereafter suffv from mental or physical disability,” disability must not be the result of their own yieious “habits or gross carelessness,” uch disability must be such as “incapaci- ites them from the performance of labor to earn support.” 4, They must be “dependant Upon proof of these conditions they shall be “placed on the lists of invalid pensioners of tie United States and be entitled to receive for such total inability to procure their sube sistence by dmly labor, $12 per month.” It is not probable that the words last quoted, <uch total inability to procure their subsist: ence by daily labor,” at all qualify the condi- tions prescribed in the precedi nguage of the section. "Il “total inability™ spoken of must be “such” nability—that ‘is, inability already described and constituted by the con- ditions already detailed in the previous parts of the section.” Tt thas becomes important to consiacr the meaning of and scope of these last mentioned conditions, ‘I'he mental and physical disability spoken of has a distinet meaning in the practice of the pension bu- reau, and includes every impairment of bod ilv or mental strength and vigo: For such disabilities thore are now paid 181 dif- ferent rates of vension, raneing from €1 to $100 per month, "This disability must not be the result of the applicant’s “vicions nabits or gross ear Practically this provision is not important. Tho attempt of the government to escape the payment of a pension on such a plea would, of course, in the very large majority of instances, and re- dless of the merits of the case. prove a failure. There would be that strange but nearly universal willi ss to help the in dividoal as between nim and the publie treasury,which goes very far to insure a state of ptoot in favor of the elaimant, The dis- ability of applicants must b sueh as to * in- capacitate them for the performance of labor itwsuch a degree as to render them unable 10 earn support.” It will b observed that there is no limitation or defination . of tho incapaciting injury or ailment itself, It need only gbe such a de- gree of disability from any cause as renders the claimant unable to earn support by labor. [t seems to mo that the “suwmn" hore nien- tioned as one which cannot be earned, is com- plete and entire support, with no diminution on account of the least impairment of physi cal or mental condition. 1t it had been ‘in- tended to embrace only those who, by dis- or injury were totully unabie to labor, Is would have becn very easy to express that tead of recognizing, as is done, the of such in What is suppor Who is to determine whether a man earns it or has it not? 1Is the government to enter the homes of claimants for pensions,and atter an examination of their surroundings and_cireumstances, settle those question Shall the government say to one man tha his manner of subsistence by his earnings is support, and to another that things his carn- ings furnish are not support? Any attempt, however honest, to administer this law in sueh a manner’ wonld neeessarity produc more unfairness and more unjust diserimina- tion and give more scope for partisan par- tiality, and would result in more perversion of the government’s benevolent intention than any statute ought to permit. 1f in th effort to carry out the proposed law the de- gree of disability as related to earnings be considered for the purpose of discoverihg if, inany w it curtails the support which an_ applicant, if entirely sound, would earn, and to which ho is entitled, we enter the broad field long occupied by the pension bureau, and we recognize as the only difference between proposed legislation and the previous laws passed for the benefit of surviving soldiers of the eivil war the incur- e In one_case of d ilities in militar ce, aud in the other disabilities existing but in no way connected with or resulting from such service, It must be borne in mind that in no case ls’ there any grading of this proposed pen- slon. Under the operation of the rule first sug- gested, if there is a lack in any degree, great or small, of ability to_earn siich supbort as the government determines the claimant should have: and by the application of the rule secondly s sted, if there is aredne- tion in any e of the suppert which he ~might” earn if sound, he is en- titled to a pension of $12. In the latter case, and under the provision of the nroposed bill permitting persons now receiving pen- sions to be admitted to the benefits of the act, I do not sce how those now on the pension roll for disabilities incurred in the serviee, which diminish their earning eapacity, ean be denied the pension provided in this bill, Of course none will apply who are receivin z $12or more per month, But on June 50, 1885, there were on the pension rolls 202, persons who were receiving fitty-eight diif ent rates of ln‘lhilm from $1 to $11.75 per month, Ot these, 28,142 were re §2 per month; 63,116, er month per month’s and 50,274, whose disabilitics were rated as total, $8 per month, s to the meaning of the section of the Dbill under consideration there appears to have been quite a difference of opinion among its advocate in congress, The chairman of the committee on pensions in the house of representatives, who reported the bill, declared that there was in it no pro- vision for pensioning any one who has less disability than total disability to labor and that it was a charity measur The chair- man of the committee on pensions in the sen- ate having charge of the bill in that body, dissented from the struetion of the bill announced in the house of representatives and declared that it not only embrac soldiers totally disabled, but in his judgm all who are disabled to any considerable e; tent, and such construction was substantially given to the bill by another distinguished nator who, as a former secretary of the in- or, had iniposed upon him the duty of ex- ecuting the pensfon laws and determining their extent and meaning, Another condition required of claimants under this act is that they be “dependent upon their daily labor for support.” This languaze, which may be said to assume that there exists within the reach of persons men- tioned “labor” or ability in some degree to work, is more aptly used in a statute deserib- ing those not wholly deprived of this ability than in one which deals with those utterly ble to work, I am of the opinion that it uy be fairly contended that under the p visfons of this scetion any soldier whose faculties of mind or body bécome impaired ident, disease or irrespective of hi ice in the army as cause, and who by his labor only 15 left ineapable of gaining the ort he wight with unimpaired pow- provided for himself, and who is not endowed with this world’s goods as withont work, may claim to pate in its bounty; that it 15 not re quired that he should ba without property, but only that labor should be necessary to I support in the same degree, nor is it réquired that he should be now receiving support from others. Believing this to be the proper interpretation of the bill, [ eannot but re member that the soldiers of our civil war, in their pay and bounty, ved sueh com- pensation for tl iee as has never been rec before or since mankind first went to war; that never before, on behalf of any soldiers, nave so many and such generous laws been passed to relieve against the incidents of warj that statutes beau passed giying them prefer- ence in all public employments: that ' reaily needy and homeless union soldiers of the rebellion have been to a large extent provided for at soldiers’ howmes, instituted and supported by the government, where they are maintained together, free from the sense of degradation which attaches to the usual support of charity, and that never be- fore 1n the history of the country has it bee! proposed to render government ald towar the support of any ot its soldiers based alone on military service so recent and where age and circumstances af ppeared so Tittle to. mand such aid, } itherto such aid been granted to surviving soldiers, few 0 number, venerable in age, atwer long lapses of time sin their wilitary service, and as & parting benefaction tendered by a grateful people. I cannot bell that the vast, ful army of union soldiers wh aving contentedly re- sumed their ary avocations of life, cherish as sacred the mewory of patri otie service; or who, having been disabled by the causualfies of war, justly regard the pres- ent pension roll on which appear their names as a roll of honor, desire at this time and i thie present exigency to be confounded with those who, through such a bill as this, are willing to he objects ot skmple eharity and gain a place on the pension soll through al- leged dependence. A recent personal observation and experi- ence constrains we to refer Lo another result which will inevitably follow the passagefof Sness.’ 1S DAL ¢ is sad but nevertheless tryg, that { The already in the matter of procuring pensions there ~ exists & widespread disregard of truth and gooa faith, stimulated by those whom, as agents, undertake to establish claims for pensions, heedlessly en- tered upon by expectant beneficiaries, and en- couraged or, at least not condemned, unwilling to obstruet a neighbor's pians, the execution of this proposed law, und; any interpretation, a wide field of Inquiry would be opened for the establishment of facts largely within the knowledge of the claimant alone: and there can be no doubt that the race after pensions offered by this bill would not sonly stimulate weakness and pretended incapacity for labor, but put a further premium on dishonesty and mendac- ity. ‘The effect of an invitation to apply for pensions, or ot new advantages added to causes for pensions alteady ing, is sometimes starthing. in March, 1879, large 3 of pensions were allowed to be added to all claims filea prior to July 1, 1850, For the year from July 1, 1579, to July 1, 1880, thero were filed 110,673 elaims, though i the year immediately provious ther 0 but 56,552 filed and in"the year following but 18,455 Whilo the cost should not be set against a patriotie duty or a_recognition of rigiit, still when the measure proposed is based upon Renerosity or motives of elarity, it is not amiss o meditate somewhat upon the ex- pense which it involves. Experience has demonstrated, T believe, that all estimates concerning the probable future eost of the pension list are uncertain and unreliable, and always fall far below the actual realization, The chairman of the louse committes on pensions caleulates that the number of pen- sions under this bill would be 105, and an increased annual cost of € 10. "This is upon the theory that only the who are entirely ble to work ‘would be bene- ficiarics, I was the princivle of the re- volutionary pension law of 1815, much more clearly stated, it seems to e, than in this bill. “When the law of 1515 was upon its passage in conzress the number of pension- ers to bo benelited thereby was thought to be 574, but the number of applicants’ under the act w nd the number of pen- sions actually allowed 20,485, costing, |]l is reported for the first year,'$1,847,000, instead of 40,000, the estimated eXpenses for that l\i'rh)\L A law 9 passed in 1853 for the benefit of surviving widows of revolu- tionary _soldiers ~ who _ were wmar- ried after January 1, 1500, Tt was estimated that they numbered 300 at the time of the passage of the act, but the number of pen- sions allowed was 3,742, and the amount paid for such pensions during the first year of the overation of the act was S180,000 ‘instead of S2400,000, as had been estimated, 1 have made no search for other illustrations, and the above being at hand are given as tending 1o show that estimates eannot be relied upon in such eases, If none should be pensioned under this bill except those utterly unable to work, Lam satistied that the cost” estimated in the estimates referred to would be many times multipliedand with constant increase from year to vear, and if those lv:lrlix\llly unable to earn their support should be ad- mitted 1o the privileges of this bill, the |\rull.|\hh> inerease of expense would bo almost appailing, ll think it may be said that at the close of the war of the rebellion everv northern state and the majority of northern counties and cities were burdened with taxation on ac- count of large bounties paid our soidiers, and the bonded debt thereby created still con- stitutes a large item in the account of the tax gathered against the people. Federal tax- ation, no less borne by the people than that directly levied upon their property, is still maintained at a rate made necessary by the exigencies of war. If this bill should become alaw, with its tremendous addition to our bus obligation, 1 am thoroughly con- 1 that further efforts to redu federal revenue and restore some par to our people will and perhaps s be seriously questionea. It has continually been the cause of pride and congratulation to the American citizen that his country is not pat to the charge of maintaining a largoe standing army in time of peace, yet we are now living under a war tax which has been tolerated in peaceful times to meet the obli- gations incurred in war. But tor years past in all parts of the country the demand for a reduction of the burden of taxation upon our labor and produetion has in ed involume and urgene 1 am not willing to approve measure presenting the objections 1o which this bill1s subjected, and ‘which, morcover, will nave the eficct of disappointing the expectation of peonle and their desire and hope for relief from war taxation in timo of peace. In my last annual message the following languaze was used: ** Eyery patriotie heart responds to a tender consideration for those who, haying served their country long and well, are reduced to destitation and depen- dence, notas an incident of their service, but with advancing ave or through sickness or misfortune. We are all tempted by the contemplation of such condition to supply relief, and are often impatient of the limitations of public duty. Yielding to no one in a desire to indulge "this feeling of consideration, I eannot rid myselfl of the conviction that it these ex-soldiers are to be relieved, they and their cause are entitied to the benelit of an enactment under which re- lief may be claimed as right, and that such relief should be granted under sanctlon of law not in evasion of it: nor should suech worthy objects of care, all equally entitled, be remitted to the unequal operation of sympa- thy orof the tender mercies of social and po- fitieal influence w.th thei unjust diserimination,” 1 do not think that the objects, conditions and limitations thus suggested a contained in the bill under consideration. 1 adhere to the sentiments thus heretofore expressed. But the evil threatened by this bill is, in my opinion, such that, 4')|xl|‘L’1'x)l with a great responsibility in behalf of the people, I cannot do otherwiss than to bring to the consideration of this measure my best efforts of thought and judg- ment, and perform my constitutional duty in relation thereto, regardless of all conse- quences, except such as appear to me to be related to the best and highest interests of the country. (Skgned) G Executive Mansion, W, 1887, R CLEVE ND, hington, Feb, 11, e THE STOCK MARKET, The Opening Sentin the Close New Yonrk, Feb, 11— [Special Telegram to the Bre.|—Owing to the almost complete suspension of telegraphic communication to- day very few outside orders in stocks came on the warket. The sentiment, however, was strong in spite of London advices that the foreign markets were all and lower, The London opening quotations on Ameri- can stocks came in 2;@3 per cent lower, and in cousequence stocks were a shade lower here. Erie and Kansas & Texas, however, did not parricipate in the heaviness of the rest of the list, Very strong bull points were out in Erie, and the advance in both coimon and preferred stock indicated that it had o strong hand ould’s brokers ers of Kansus & Texas, and points frow this source were bullish on'all the Gould properties. 1t was claimed that some very iood buymg of Northwestern was at the boi- tom ot vesterday’s adviuce and that the stock would be put to 120 onthis turn. ‘Phe New York Central earnings for t ith of January increased $419,000, and caref ul ob servers stated that all of the trunk lines were a purchase on the statement of earnin which they will put out for the first qua of the current some plan had ‘be t Strong But asy. ter It was claimed that 1 agreed on to preserve the eastern trunk line pool after the inter state commerce bill went into effeet, (s stocks were only moderately active, A hearted drive was made at the market dur ing the closing hour, and a fractional dvop was secured, * Cammack’s brokers were sellers of 8t. Paul, Lake Shore and Lacka- wanna, Foreign rators favored the decling, and it was predicted that the bears would press their advantace to-morrow, ‘1he elosing throughout the list was ea con- siderable concession from the onening nrie otal sales were about 500,00 - Paroell's Amendinent De \Copyright 1857 by Janies Gard Feb, 11,—|\ Cable—Special to the bre.]The on Mr. Parnell’'s amendwent to the addr in reply to the queen’s speech took pla early this wmorning, Mr. Gladstone was not present to vote, The result of the was: Tories and liberal-unior Gladstonfans and national agalnst the awendwent. & LONDON sts, 832; najority LONG AND SHORT HAUL;l Towa's Railroad Oommission Decides tAY First Caso Under the Now Law. } THE STATE THE PLAINTIFF’ Snicide at Grand Island—A Young Lad's Miraculous Escape From Death—Other Nebraska and towa Nows, The First Case Under the Now Laws Des Moives, la, Feb, 11.—[Special Telex gram to the Ber, |—The first case under the provisions of the new inter-state commerea law Lo be decided by any judicial body wag passed upon to-day by the lowa board ofl railway commissioners. It relates to thet diserimination of the long and short haulf and take steps to prevent any further nctiow of the kind. ‘The case is that ot the state of Towa against the Chic Burlington & Quiney railroad. 1t was instituted on a coms plaint by Governor Larrabee as to the dis+ erimination on rates for hauling coal. The state pald for hauling coal from Cleveland, Lueas county, to Glenwood for the use of the asylum for the feeble-minded, $1.50 per ton. From the same place to Couneil Bluffs, twenty miles further, for the use of the deaf and dumb asylum, the rate was §1.25 per ton, The yiew of the governor was that since the rate to Council Bluffs was voluntary it was a reasonable charge, and being higher for a shorter distance was ex- horbitant. Che railway company contended that the rate made to Council Bluffs was very low and gave them but little excess In cost because the active competition compelled them tocut rates. They said at Glenwood they had to return empty cars and fromr Council Bluffs they did not. ‘The governot in reply to that statement of the railway wrote to the board stating that the rate to Council Blufls was higher than their averag rate and more than other roads charged, and said that coal ought to be ' car- vied cheaper than any other product, The commission discussed the = matter fully and_ closed their findings with thesd words: The rule now being as to inter-state commerce that the charge shall not be greatex for a shorter than for a longer distance, to allow a different rule for loeal treight would throw all the inequalities of which so mueh complaint has been made upon domestic ¢om- merce, to which we cannot consent. The commissioners were satistied that the seotion will be engrafted into state legislation and that the question may as well be met now as any other time. With this in_view, while possibly they may entertain some doubts as 10 its eifects on_the general shipping inter the commission would "advise the sago, Burlington & Quiney railway com- pany to revise its tariff to comply with_the provisions of the inter-state commeree bill. Suicide in Grand Island. GRAND ISLAND, Nel teb, 11.—[Special “Pelegram to the Bk, |—Thomas B. Malone, of Stella, Neb,, wentinto the pawn shop on Jast Third street late 1ast night and asked to look at a revolver, He had no sooner received it than he placed itto his head and pulled the trigger. Dr. Sanders was called and the wounded man was taken to the eity hospital, There is no hope of his recovery. He age signs the ecause as being tired of life. ANOTHER ACCOU ~D ISLAND,, Neb,, Feb. 11.—[Special Telegram to the By —Last night about & o'cloek a man entered the second-hand store of Marcus & Co. and asked to look at some revolvers, and after examining them he selocted a 44-calibre, but remarked he would liko something better. While the clerk pped to the front part of the store, he ced a cartridge in the revolyer, raised 1t to s left breast and shot himself, ' He was at onece taken to the Clarendon hotel and medi- cal aid summoned. He gave his name as Thomas A, Malone. He is from Broken Bow, Neb,, and has been in this city for three days, e gave no reason for the rash act turther than that he wanted to die. He was removed from the hotel to the hospital, where he was attended by Dr. Gahan, but it is thought that he will not live. He is about thirty years of age, and says he has a wife and two children, also a brother living at Stella, Neb,,who have been notitied of the said affair, Brown County Wants a Court House. Arsswonrti, Neb, Feb, 11.—[Specfal to the Ber.j—A petition has been cir- culated among the citizens of Ainsworth precinet asking the commissioners of Brown county to call an election in said precinet for the purpose of voting on bonds, The peti- tion sets out that the face of the bonds shall be $10,000, and that the proceeds of their sale shall be for the purpose of building a _court hou in Ainsworth, ‘The commissioners already considered the petition and called an election for March 12, Should the bonds carry Ainsworth precinet will do- nate the court house and grounds to Brown county tobe used for offices for county offi= cials and for holding district court” for a period of ten years. Earthquake Shock, Krokuvk, Feb, 1 [Special Telegram to the Bre. |—A distinet eartbquake shock was feltin Hamilton and Warsaw, across the river from this place, last might about 9:30, ‘The railroad employes in the Hamilton depot were at a loss to know what was the matter, ‘The building quivered and wavers fora few seconds and great alatm was felt. The same shock was™ experienced at Warsaw, four miles below. Sligh It Was ry Butter, Dunvque, Feb, |Special Telogram ta the B supposed bogus butter seized here in November hias been returned by the government ehemistat Washington who says itis genuine. Collector Webster now re- udiates the fo-called gavernment test used v collectors and says that a chemical analys 51 15 the only reliable test, Walk division § Dis Moises, Ia., Feb, 1L—(Special Tele gram to the Bre.|—As the Milwaukee pas senger train was running west last night, be. tween Whittimore ana Emmettburg, a nine- ar-oll boy asleep in the car, walked off the plattorm. When missed the train cked up and he was found uninjured at a m house some dis! from “the track, I'ne train was running between twenty and thirty miles an hour, Took All the Stock, Nonrors, Neb,, Feb, 1L,—([Special Tele £rin 1 the Bre.)—The books were opened and the stock of the Norfolk Street railway all tuken to-day by citizens, - A Boodleman Sentenced., New York, Feb, 11,—"Boodle” Alderman O'Neill has been sentenced to four and a hall years imprisonu . I Want Another State Camp. ClicaGo, Feb, 1L—The tllinois Commans dary of the Military Order of the Loyal Legion has adopted a petition asking the Lilinois legislature Lo make the necessary aps propriation for a northern military state eamp. The petition cities that the troops of the northern brigade, composed of 2,200 offls cers and travel nearly four hundred wiles toand from " the Springtield catp, costing the stateabout four dollars to transier each soldier, ‘Fo transport soldiers 1o the nothern eamp, the petition states, would cost 31,14, and that saving would purs v caup ground and. ¢ive the troops th beneut of it and its rifle range througlhout th entire year, ‘Ihe petition was pluced on the [ boaid of iade t various points in the city to-day, receiving numerous siznature, - [ r Disabled at Sea, 1 §, Feb, 11, —One of the steamshi) | of the National liue was spoken on the O inst. with her propeller broken, and was res tuw to Luvimnd under sail The steamey 0 wiles from land.