Omaha Daily Bee Newspaper, September 27, 1888, Page 5

ECHOES FROM THE CAPITAL An Important Case Called in the State Supreme Court. THE SALINE ELECTION MATTER. Prisoners in the Lancaster County Jail Make an Unsuccessful Break for Liberty — Lincoln News Notes, LiKcoLY BUREAU oF Tiz OMAna Bae, } 1020 P STrEET, Lixcoux, Sept. 25, The case of the state ex rel John Sin- gleton vs John N. VanDuyn, county clerk of Saline county, was called ha- fore the supreme court this morning on a demurrer filed by General Webste Lincoln. The case is an action mandamus to compel the county clerk to cail an election of three members of the house of representatives from Saline county under the apportionment of 1881, instead of two members under the act of 1887. With the g change 1n relative weight of the different countics of the state between the c 15 of 1880 and that of 1885, only thirty-four rey sentative districts by the act of 1587 tained the represe held under the act of 18%5. This fact shows the far-reaching character of the questi involved as affecting the public int and the organization of the legi department of the state. Mr. Webster submitted his brief and a thorough abstract of the course of the rument upon sitions: show the ate journal of the ence committee? any fact recorded, but to supplement an incomplete record. tion of the confer- his isnot to traverse 2. If this is not permissible. then does the failure of the evidence of con- curring action of the two houses in re- spect to the Ninth district invalidate the whole act, or merely that portion of the act? In other w s the appor- tionment an entirety, or may so much as was correctly considered stand? Tamnot aw that this court has ever spoken decidedly on the first ques- tion. Inthe well considered case of the ite vs Mecleliand, teenth Nebraska, this court has said the va- lidity of an act caunot be sustained un- less the journals show affirmatively that & majority of all the members voted by yeu and nays entered into the journal, n favor of its passage. DBut this role seems to be based upon the constitu- tional requirement. The court cites with approval Gardner vs Collection, 6 Wall, 499, and quotes that the juages who are called upon to dec upon the existence of a statute, have a right to resort to any source of information which in its nature of eon- veying to the judicial mind a clear and satisfactory answer to such question, al- ways seeking first for that which in 1ts nature is most appropriate, unless the positive law has enactedadifferent rule. And at page 240 the courts say, in speak- ing of the absolute verity according to the journals of the parliamenv at com- mon |2 It must be borne in mind that liament of England before its separation into two bodies was a high court of judicatur In this country, et M e alR s e oaiga 0 mat pos- ess judicial powers. The records, herefore, are not those of a court, but are nevertheless primary evidence to show the action of each house on any matter before it. This mu('?\ was all that was nece v to say in the case; but the present case involves a further question— are the journals on matters not required by the absolute rule of the constitution to be recorded, anything more than rimary evidence. An examination of The legislative journal of the session, March 31, 1887, when the action in question was taken, ought to be an an- swer to this question. One hundred and sixty-four printed pages form the iournul of that day’s proceedings; the legislature adjourned and the journal was never read or approved. To hold this to import absolute verity is accord- ing too much to the ability of the re- cording officer, who has this amount of record to make during the session of a single day, and whose work is never submitted to the review and approval of the chamber, whose transactions of such length are to be recorded in a sin- gle day. The other question is the apportion- ment act entire. If one district be omitted must the whole fall, is one of some difficulty and upon which, in the limited time allowed, counsel have tound no authority. The act as passed, dropping district nine as invalid, omits Sarpy county. The constitution, section 2 article 8, requires apportion- ment of the senators and representa- tives according to the number of inhabi- tants, at the first regular session after each federal and state census, and at no other tiwme. To hold the present ap- portionment bad, will, under the letter of the constitution, preciude any appor- tionment till after the federal census of 1890. So unjust a result ought if possi- ble to be avoided. It1s to be observed that but ninety- nine members have been apportioncd (excluding the Ninth distriet) and by the act the house is made to consist of 100 members. There is one unappor- tioned chair. By the census Sarpy county would be entitled to one repre- sentative. On the meeting the ho which is the sole judge of the eligibili of its members, would no doubt recog- nize Sarpy as entitled to fill this chaiwr. This is not entively satisfactory, but still woula be less objectionable than to exclude the rapidly growing population of the whole western part of the state from any fair representation. Iu so far as the new act repeals the apportionment of Sarpy (having also oune member under the former law) without giving that county representa- tion, it will be held unconstitutional. The result would be the same as if the entire present statute were withheld. The house would consist of 100 members, and Sarpy would be represented. It is o well-settled rule of this court that an entire act will not be declared upconstitutional, and though some part if that part which is bad ly connected with the that all must fall together. The assignment of members to each separate district is an entire subject of itself, and directly concerns no other. Nodoubt by an amendatory act the legislature might mention only such eounties or districts as by relative in- erease or decrease of population had changed in their relative power or sentation. Thirty-four of including Sarpy, have ative positions in o ula- he past five years from the federal to the to census. By the new act they bave the same representation as proviously. Noehange in their repre- sentation was made or necessary, and no meution of these thirty-four coun- ties need have been made in the house apportionment. The sane is true of four of the thirty-three senatorial dis- tricts. Had the new bill made no men- tion of them but proceeded to :}:pnmon or amend the apportionment the re- remninder of the maining couaties and durhlu no legal The Great and Mysterious VEILED PROPHET having issued his commands, as above, the Railroad Managers have been prompt to obey. 1888, —— (1O YT TENL =— = PROCLAMATION w3 To the Trusty and Well-Beloved Peaple of Our Favored and Most Fair City of St. Louis, Greeting : L4 A A NAAAANANAA NN A We, the VEILED PROPHET, notwithstanding that within the secret recesses of the mountains beyond the Great Seas of Ind we keep ourselves, our Priests and our Court hidden from the profaning gaze of mortal eyes, yet do we maintain & perpetual and most careful watch over the progress and welfare of our bsloved City of St. Louis and over the favored people of the Great States of the West and Southwest immediately within her influence. Our never-sleeping EYE has had careful regard of the doings of our said trusty and well-beloved people of St. Louis during the period that has elapsed since our last visit to them, and we have been well pleased. So great has been the satisfaction they have given us that WE have commanded our High Priests and Acolytes, our Courtiers, Generals, Knights and Retainers of high and low degree, that they shall be and appear in our train in the streets of the said City of St. Louis on the night of October 2d, 1888, the occasion of our Annual Festival and Progress through our beloved city, in greater numbers and splendor than ever.® As a special mark of our high pleasure, we have commanded onr High Chamberlain and our Grand Marshals to illuminate the streets of our said city in greater glory than has been known aforetime; and have further ordained that our Lord High Treasurer shall open our treasure vaults and lavish our wealth and jewels in producing the most gorgeous spectacle that has ever been seen by our people of America, all B the least possible cost to themselves. to our own honor. STCLLECTOCTTOTTTOLOTTICTL OO LTI OOCO ¢ A PROMPT and GENEROUS COMPLIANCE. to our great HONOR and GLORY, and to the furtherance of the renown of our City of St. Louis. And, in order that all the peoples who dwell in the Great Valley of the Father of Waters may be enabled to partake in the festivities thus ordained by us, we have issued our High Commands to each and all our Servants, the Railroad Managers of the Great West, that they shall, during the progress of the festivities which we shall inaugurate by our entry into and procession through the streets of our said City of St. Louis, cause all dwellers in the said Valley of the Father of Waters to be transported to and from our said city at To this end we have commanded all Railroad Managers to run fre- quent excursion trains at the lowest possible rates, and to provide all and further such accommodations as shall redound most to the interest and well-being of our said people, to our beloved citizens of St. Louis and In witness whereof we have hereunto set our Prophetic Hand and caused our Great Seal to be affixed. WIS/ Done at our Secret Palace this 21st Day of September, in the year of Grace, 1888. In most ' cases they have made one-half fares for the round trip from all points to and from St. Louis, and many of them *have made merely nominal rates. Under such circumstances no dweller in the Valley can have an excuse for disregarding the behest of the Prophet, disobedience to whose commands is certain to bring upon the delinquents the direst consequences, while obedience will insure the happiest and most joyful period of their lives. Citizens of Omaha and adjacent points, can visit St. Louis, on the occasion of the Veiled Prophets procession and balls, and return to their homes for $11.50 and at proportionately low rates, for all intermediate points. objections could have bLeen taken. It ems simpler for the lezisia- the howev ture to altempt to go over field. For the purpose of they have failed, t whole tht not to in- that part validate their action unless of the field is too large to be represented by the chair not assigned. On examination it ap- pears that Sarpy county only is omitted from mention. By its population it is entitied to no more than one seat by h’oldiuy that its former apportionm can not constitutionally be taken aw until some new act makes a new appo tionment, avoids the necessity to strike down the present act, even if the ¢ trict in question were not erected under the present law. To the following propositions of law Gene Webster cited uumerous thorities: An act may be good in part though other provisions may be unconstitu- tional. A statute should not be held void un- less clearly so. Every intendment is in favor of the upholding of the statute. The statute will not be de ed un- constitutional merely because it is im- perfect. ; The apportionment act is not an en- tirety, of which each part is dependent on the other, but each sub-division isdistinct and may stand by itself. Silence of the journal on matters not required by the constitution to be shown in the journal, does n® overcome the presumption arising from proper au- thentication. An act for such irregu- larity will not be held invalid. In reply to General Webster’s argu- ment and brief Judge Abbott said that he regarded the position of the re- spondent ‘more than ordinarily fair. *The brief,” said the speaker,"'is a fair index of the situation. But the question is purely constitutional in the issues raised. The constitution requires that any bill on its passage shall receive two-thirds of the votes of both branches of the legislature. The journals show conclusively that such is not the case in the question now pending before this court. Two distinct bills passed the legislature reiative to the que i hand, one passing the house providing for 33 members of the scuate and 99 members of the house and 66 represent- ative districts and one in the senate providing for 33 members of the senate, 100 members of the house and 67 repre- sentative districts. It may be possible to add to,” continued the speaker, **but it is impossible under the constitution to take from. Sarpy county is left out in the cold. As the law stands now the county is left without representation. The constitution declares against this, Recognizing the fact that the supreme court is the court of remedy, the matter ought to be settled for all time, and now.”’ The speaker expressed the opinion that the written evidence was‘abundant the court ought to consider it The journals show upon their situation,the irregularitiesand ze of the bill. “1f small matters,” said the judge, “‘are permitted live, the precedent for future considerations will be bad. There can be no safe place for kindred matters to end. The court should stand squarely upon the constitution and the law, and let the results take care of themselves. Sufficient for the day isthe evil thereof. Gilbert of York, followed for the state in an exhaustive argument. Foss of Crete, coucluded for the respondent and discoursed at great length upon the duties of the members of the supreme bench. JAIL BREAKING ATTEMPTED. An attempt was made to escape from the county jail last night that came well nigh being successful. The chief actor was Frank Clark, who is imprisoned on the charge of highway robbery. The attention of the watchman, whom the sherifl keeps on a constant lookout, was »d by noises about mdnight. Sheriff Melick was awakened and gave instructions to let the good work on on. He sent the jailer to assist the watchman as additional pre- caution. About 2 o'clock asharptwinkle, as though a saw had been dropped, was heard and after that no noise was heard from the cell. - Watch was kept until morning wheu examination showed that he the manner of the pa the former act it had but one seat; | nt | some liquid h 1 been used to soften the d a fine w had then been e effective I'wo bars we Fly in two. he noise h ed by the bri g off of abo hes of the saw,and the piece w pl itside where it fell. But the clf has not yet been found. The soners most concerned have been locked in separate and different cells and now dict on bread and water. They will be kept on this kind of food until they divulge all they know about the matter. It is S\rnu_\' certain that out- de help has been tendered to the birds,” and the sheriff learn from what quarter. CITY NEWS AND N Ernest Schmidt and Miss ( e New- arried this evening by Judge uple left on th 2 Colo., wh nake their future home. Judge Harlan, of York, was in the capital eity to-da The gravel swvecpers on the cedar block paving contract struck for higher wages last night when they quit work. The only case heard before the su- preme court to-day was the Saline county mandamus. Court adjourned until to-morrow at 9 o’clock, when a de- cision will be given on the demurrer. In the event that the demurrer is over- ruled the case will be tried on the an- swer now ready to be filed. — - -— Food makes Blood and Blood makes Beauty. Improper digestion of food necessarily produces bad blood, result- ing in a feeling of fullness in the stom- ach, acidity, heartburn, sickheadache, and otherd) peptic symptoms. A close! confined life causes indigestion, consti pation, biliousness and 1oss of appetite. To remove these troubles there is no remedy equal to Prickly Ash Bitters, | it has been tried and proven to be a specific. e The Papal Exchequer. Brussels Courier: The annual ex- penses of the papacy are said to amount to apout 7,000,000 francs. The burden is substantially met by the Peter’s penny, “which was originally,” observes the Courier, *an English i . But in 1861, after the twenty provinces of the papal states had been reduced to five, the Peter’s penney was quickened into new life in Belgium.” The first incite- ment to the geperous endowment of the papacy by the ireewill offerings of the faithful, rich and poor, was given by the diocese of Ghent. Its example was quickly followed in other lands. Until sar 1870 the average yearly result of 's penney was 7,117,000 francs. Since that date it has constituted the sole income of the pope, and in no single year has it been lower than 6,000,000 francs. During the present jubilee year tne bishops of Latin Christendom have handed in to the pope the extrordinary sum of 32,500,000 francs. The jubilee mass of Leo XIII. is bound to | brought ne papal treasury is congequentl condition. he “Work for the E sion of the Faith,” founded at Lyons in 1822, provides the papaey witha fund for missions: it has contributed from 1822 to 1857 no less asum than 220,000,000 fr s. Its contribution for the last twelve months amounted to 6,648,000, of which Germany contributed only 409,000 francs and Austria only 80,000 francs, as the reporter observes with regret. in T e IT WoN'T BAKE BREAD.—In other words, Hood's lla will not do mpossibilities. pri tell pliinly what it has done. submit proofs from sours stioned reliabil- ity, and ask you frankly if you are suffering from any disease or affection caused or promoted by impure blood or ¢ state of the systém. to try Hood's ql 20, ™ Imp tors ieg Ratonile belt, P e ibe oy, Whole tamii A, J. Hoegland aparilla. The experience of others D “ :s ‘\lflliciv'|l}fl.~sil_r'l||1§'c llml\_\'uu will not by lectriclty tErough ¢ i ; S reaulE b o Ly (10 0F 18 Lours. be disappointed in the result. feacl o iy Cre g vigur, erongth: aneryy and host [Ea i Fielng recogtlsed Lad indotsed b HEVENENCIRE ~Any bank, commereral agene tag Pranciaco d Chichgs DR W T An Eloquent Passage. Cincinnati Enquire George D. Preatice, probably one of the most gifted writers that ever added lustre to American journahism, once said: It cannot be that earth is man’s only abid- ‘stamp for 119 p: Iuventor and Ay Lt ervous Discases of Kidneye, mpiaay, Discuscs, Torpid Meart Diacase, Bropioela, Arih ik otencs, Oatarrh, Files. Epiispey Dropey, ete, (her this bell L Just what you need. iy Ratondy Feit Cas | b 7 s DR. HORNE'S ) Electro-Magnetic Belts ! The Grandes! Triumph of Electric Science— in the Back, Mt mbage, Genera Tead or Limbs, Debility, R by, Constipation, Wit il WHEMN ALL ELSE FAILS. Su¢ BeGyiae ant nsed by permisslon. NOTE thie following who b D1~ & B Farkerind J. M. Tlaslots, ail 08 Foard of T Judd Doble, the aas noeaan Lol Lemuol Mk, i uth Bend. Ind’; Kobt. R. Sampson, Chie Your belthas accompished what no other remedy ha obt. Hall, aiderman, 150 East 89th. a3 150 Street., Now fork— Aends ot bihets, RHE’S ELECTRO MABNETIC BELT 15 oriirte or ol B earer may. o Tarsughout ine hman ot RUPTURE <227 DR, HORNE'S ELECTRO-MAG Nebraska National - Bank, T. ,:'cf;f:?m' QMAEA, NEB, ing place. It cannot be that our life is a bubble cast up by the ocean of eter- nity, to float & moment upon its waves sink into nothingness. Else why se high and glorious aspirations which leap like angels from tHe temple of our hearts, forever wandering unsat- isfied? Why is it that the rainbow | Surpius. and ciouds come over us with a beauty that is uot of earth, and | H.W. YatEs, President. theu pass off to leave us 1o muse N R o dent. eaidat on their loveliness? Why is it that stars d W H. Cashier, whjch lholdh their festival z\riuuml the S DIECTORS: midnight throne, are set above the V. V. Monse, ORN §. COLLING, asp of our Limited faculties, forever HoYf- YAzey Luwik s, Hunn, A, E. TOUZALIN. Banking Otfice— THE IRON BANK, Corner 12th and Farnam Sts. A General Ban! 1g us with their unapproachable And finally, why is it that the glory? bright forms of human beauty are pre- sented to our view and taken from us, leaving the thousand streams of our af- - Business Transacted. CAMPAIGN UNIFORMS | [} TORCHES.FLACS. BAN~ ERS, TRANSPARENCIES, Send for Manufs Catzlog GF.Foster Smé 0o 172 Madison-st. Chicago. fections to flock back in Alpine torrents upon our hearts? We were born for a higher destiny than earth. There is a realm where the rainbow never fades, where the stars will be spread out bhe- fore us like islands that slumber on the ocean, and where the beautiful beings that pass before us will stay forever in our presence. S S For Nervous Debihity Use Horsford's Acid Phosphate. Dg. A. M. Bisy, Mitchell, Dak., says: **I have used it in a number of cases of nervous debility, with very good results,” ialduiie it di The Bible in Shorthand. Brooklyn Eagle: In the library of Dr. Williams, in London, 1s a cop; of the Bible in shorthand. It is exquisitely written, and is said to have belonged to an apprentice of the time of James II., who fi d that the Bible w. be prohibited, and so wrote thi ~ T.E. CILPIN, FIRE |NSURKNCE BROXER, Koom 63 Traders' Building CHICACO. Me! Nr n National Bank . The Bradstreet Ca Jectuad and Pleasant box by mall,or at druggists. Sealed joulars 2 postage stamps. Address Onzicar Co., Demworr, Micw Tas For sale and by mail by Goodman Co., Omaha, Neb, Drug Tree Sceds and Seedlings for Timber Claims, Fruit Trees, Emall Fruits, Oruamentals, Ever: greens, ete. Send for price list -FREE! Address, . 8. LAKE, Prop., Shenandoah, lowa. DRUNKENNESS Or the Liquor Habit, Plfild'fl] Cured by Administering Dr. Haines’ Golden Specific _It can be given in & cup of coffes or tes with. out the knowledge ot the person taking it; abso- lutely harmless, and will effect & permunent and speedy cure, whether the patient is a moderate drinker or an alcoholic wreck, Thousands of drunkards have been made temperate men who baye taken Golden Svecific in tneir coffee with- out their knowledge and to-day believe they uit drinking of their own free will. It never ails. The system ouce impregnated With the Bpecific, it becomes an utter impossibility for the liquor appetite to exist. For sale by Kuhn & Co., 1sth and Douglas sts., and 15th and Cume Ing sts.. Omaha, Neb.; A.'D. Foster & Bro “ouneil Blufrs, lowa. Debilitated thro Didserstta Scciive, WEGUARANTEE T8 i SN v N Tarmo S AR UL Bregenson: Uhis specific purpose, CURE OF TIVE WELKNESS, giv- d, soothing currests of t Tmprove anentiy enred in (i-ce months. Bey ha Banden Eisetriu Co. 169 Lal That Happy, Darling Baby, bringing delight and gladness to the home, is so not merely because it gets enough to eat, but because it has the right kind. 1t Is fed on RIDGE’S FOOD. None genulne without WooLRICH & Co. on lable DREXEL & MAUL, Suceessors to John G. Jacobs.) Undertakersand Embalmers At the old stand, 0T F: Orders by telegraph solicifed aud g attended, Telephone to VREYLOCK INST X South William Mass, Aprivate sch h-year begins Thursday, or citalogue address GEO. ¥ Bettie Stuart Institute Soyarict i commence its 215t year Se Ivantages unsurpassed. 4 Home careful tralning. Apply to Mrs, M. McKeE KSKILL MILITARY ACADEMY— illon Hudson: N, Y. Send for cata- M.TI M. D, M. A Principal, JOHN'S M1 TARY SCHOOL, MANLICS, N. Y. Civil Engineeriug, Classics, Business, RT, ReV, F. D. HONTINGTON, President intendent. LW, VERBECK Fall term be- UNION COLLEGE OF LAW, s s For arcuigts address B, Bootit, Clicago, Ul JUDICIOUS AND PERSISTEARTS 227 Advertising bas always proven ~ successful, Before placing ang Newspaper Advertising consuly LORD & THOMAS, ADTRETISING AGENTS, 45 0 45 Randelsh Slrset. CHICAQO. W.J. GALBRAITH, Surgeon and Physician, ce N. W Corner 14th and Douglas 8t. © Oy s &, NERVOU in his DEBILITA- OLLY and lulnoluu‘n has fatied to cure you. & FEMALES suffering from disenses Jar 10 their sox can consult with the assuran ©f speedy reliof and cure. Seud 2 cents postage for works om your disenses. _&r-Send 4 cents postage for Celobrated Works on Chromie, Nervous and Delfe Diseases. Consuliation, personally or by free. Consult thé eld Doctor. nands cured. Oficesiid parlors &@-Those contemplating Marri Cinrke's celobrated guide and Fem each Jbc.. , ofe), Before condding your De CLARME, X endiy ot o and shame, and adi ™ CHICAGO M ORTH- N WESTERN » RAILWAY. Omaha, Council Bluffs And C The only rond to take for Cedar Rap Dix r 0 vada, Oregon, Washe érs superior advantages rous points of superioris patrons of this rond D it ‘are lts thrao th ow! At 0 Pacitic Rafl way e of the Chis cago & Northwestern Ly In Chicaso the trains of tiils in. e close connection with those of all other k. Iimes. Indianapolis, Cincinnat, tshurg, Toronto, Mon ipiia. Balimore, Washt Last. Ask for tickets vis NORTHWESTERN" If you wish the best ac agenta sell tickets via thi HOHUGHITT, Gen'l Munnger. W. N. BABCOCK, Gen'l W D. E. KIMBALI G F. WEST ¥ 101 Farnam Street All tickes % P wiLsoN, 1 Pass' Agent. ity cor A Onifuna, Neb, 2o (WICAGD SHORT LINR Chicago, Milwaukee & St. Paul R'y, The Best Route from Omaha and Counol) Bluffs to THE EAST==— TWO TRAINS DAILY BETWEEN OMAHA ANP COUNCIL BLUF¥S Chlcago, ~AND— Milwaukee, St. Paul, Minnoapolis, Cedar Rapids, Rock Island, Freeport, Rockford, Clinton, Dubugque, Davenport, Elgin, Madison, Janesville, Beloit, Winona, La Crosse, And all other Important polnts Kast, Noriheast ang Southeast. call 0a the Wekes hot. e ik’ WUAE LN liman Sl a Dist. worla Sreren U Al LS AR waukee & Bt Paul Railwuy, und o atientls Paid Lo passeners by sourleous smpioyes o !.su,‘_v meral Masager. iy M wia Burarioleutess Assiskenl Gonssal Basssaged