Omaha Daily Bee Newspaper, February 21, 1889, Page 4

z ] ! THE DAILY BEE. PUBLISHED EVERY MOR TERMS OF SUBSCRIPTION. Daily Moruing Raition) including SUNDAY ek, One Year For 8ix Months. Fo iree Months v Tre OMANA SUNDAY ik, malled 16 any address, Ons Year weese e WeEKLY BEE, One Year OMAIA OFFICE, No8.014and 016 FARS AN ST CHICAGO OFFICE, 07 ROOKERY BUILDING Nrw YOk OFeice, ROoMs 14 AND 15 TRISUNE BuiLoing, Wasnivgros Orvick, No. 6l FOURTEENTH STRERT. CORRESPONDENCE. A1l communications relating to news and edi- torial matter shoula be nddressed to the Ep1TOR OF THE BER e HUSINESS LETTERS, All business ters and remittances shonld e Addressed to Tue Bk Prsrisiisg C PANY, OMAIA. Drafts, cheeks and postotlice orders to be 1nade payablé to the order of the company. i Bee Putlishing Company, Proprictors, E. ROSEWATER, Editor. 10 0 b 0 260 THE DAILY BEE. Sworn Statement of Circulation. Btate of Nebraska, fk County of Douglas, | ** George B, Tzschuck, secrotary of the Tiee Pub- lishing coripany, does solomnly swear that the actual circulation of Tue DALY Brk for the week ending February 16, 1550, was as follows: Bunday, Feb Monday, Feb Tuesday, Fe Wedneaday, Fol Thursday. Feb Average SEORGE B, Sworn to befors me and sub: bresence this 10th day of February, A. 1. 1889 Seal. N. P. FEIL, Notary Pibl Btate of Nebraska F County of Douglas, (55 George 1. Tzschuck, being duly sworn, do- hoses and says that he is tary ot tho o Publishing company, that the actual average flaily efrculation « DALy Bek for the month ¢ , was 15,92 copi for March, \650 " coples; for April, 1888, 18,744 for May, 18, ‘INIS) vopies; _ for 1888, 10,283 coples; for July, 184, 1K0& coples; for August,’ I8, 18,15 coplas; forSeptember, 1885, 18,164 covles? for October, 1888, 14,084 coplos: for- Nov Der, 1988, 15,06 coples: for Docember, 1888, 18, coples; for January, 1869, 18574 copiss, GEORG {2 13, 178CHUCK. Sworn to before moe and subscribed in my presence this T5th day of February, A, 1. 1869, N. P, FEIL Nofary Public. AND has enjoyed his last cabinet dinner. Of course cabinet pud- ding was on the bill of fare. TO! MANDERSO has boldl, walked into the lair of Nebraska's hungry office-secke hike Daniel in the lions’ den. JAY GOULD is again quoted as about to retire from busine This is the cold wave signal for the foolish lambs to keep out of Wall Tue cabinet tinkors will be looking for a new job after the fourth of March, poor fellows. General Harrison will relieve them of further anxiety soon. DENVER accuses the army of real es- ate agents of Kansas City of finding it much more profitable this winter to hire out assmall pox nurses. Now are the honors even. ARIZONA is the sphinx among the territories. While New Mexico has been clamoring for admission, Arizona sits glum and silent, with no aspirations for statehood. Coor, heads and con wive judg- ment will go far in reaching a satisfac- tory agreement between contractors and their employes for the coming building season. It has now been determined that Tnformer Le Caron was once a grave robber. Whether or not he ever picked pocketsis a point that will probably be passed upon in the near future. It is now definitely settled that Ne- braska will not ofilcially be represented at the New York celebration over the centennial of Washington’s inaugura- tion to the tune of twenty thousand dollars, ‘WiiLe the baby question is being wisely discussed by loeal contempo- ravies, the American father tramps the floor at midnight and longs for the squall to cease, just as his father did before him AUSTRALIA and Ngw Zealand not atall backward in coming forward to the support of the United States in the Bumoan controversy with Germany. Such an act cortainly evinees a kindly disposition toward America which is vefreshing. Tuek people of soveral citiesand towns of Itlinois have by popular vote decided who shall be postmaster of their partic- ular locality. General Haraison would undoubtedly prefer to have more of such endorsements and recommendations to assist him in making appointments. TuE tendency to rail at sacred things is to be deplored. This tendeney is to be noted in some accounts of revival meetings now in progress in this city. Reporters, in their desire to be funny, wantonly gibe, not at the evangelists, but at the principles and teachings fleced holy by the Christian world, and respected by decency outside the pale of Christianity, THE failure in the present congress of the bill providing for the funding of the Union Pacitic’s debt to the gove ment seems assured, due chiefly to the persistence with which the friends of the Central Pacific in congress have demanded that thut road should be in- cluded in the bill, Some time ago it appeared probable that the measure would pass, but the scheme to prolong the power of the Union Pacific to com- pel the people of the west to pay its tlebt to the government has had a less lopeful outlook ever since Mr., Adams announced that the department organ- ized to work upon the congressional in- tellect and keep the press properly i formed as to the merits of the scheme would be abolished. It will be remem- bered that Mr, Adams then made the confession that nothing was to be ex- pected from the present congress, and referred regretfully to the time he had wasted. He was doubtless then aware of the move the Central Pacific people intended to make, and foresaw its fatal effect. The failure of the measure will be a vietory for the people of the west, but it is hardly to be supposed the cor porations will not renew the contest in the next congress. They must do so, however, under the circumstances, at somewhat of a disadvantage. BEE: THURSDAY, FEBRUARY 21. 18 AN APOSTLE OF PEACE, A Baltimore paper that has assumed the duty of giving the world the his- tory and motives of the outoing ad- ministration from the lips of its mem- bers, has presented Mr. Bayard’s expla- nation of the principles and policy which have guided him as secretary of state. The question may naturally sug- gest itself whether Mr. Bayard has had any policy. and whether he has mnot simply drifted along in a continual state of uncertainty as to what should be done and how to proceed, but at any rate the secretary of state claims to have had a policy, and that its cardinal principle was to preserve the peace. During all the past four years in which the country has regarded with a keen sense of humiliation the denial of our rights by other countries, complacently tolerated or but mec protested against from Washington, the great solicitude of Mr. Bayard has been to avoid any appearance of a disposition to Hew 1bout among the nations of the edarth.” He has looked apprehen- ¢ upon everything that might en- courage the military spirit among us, viewing' such a condition as pregnant with danger. The underlying spirit of his pol s he tells the country, has been to “humanize international relas tions.” 1If he has had any success in this divection it is not apparent. Mr. Bayard's statement of his views and policy sufficiently explains the namby-pamby course of the staté de- partment since he has been at the head of it, and fully justifies the strictures of Arthur Richmond upon the conduct of our foreign affairs during the past our years. Nointelligent American citizen has been any less desirous than M Bayard to maintain peace with the world, but & great uation may firmly and vigorusly insist upon its rights without provoking war, and without being subject to the imputation of “swaggering around among the natives of the earth.” But even with these consequences in view as inevitable it is still the duty of anation to insist upon its rights. The individual who demands cverything he may lawfully claim does not thereby become a bully, and if those who seek to injure him make his just demands cause of hostilities the fault is not with him. Similarly a nation whose rights are clear is bound to in- st upon their being respected at what- ever cost. Had this principle governed the conduct of Mr. Bayard, rather than his solicitude for “substituting paciiic methods for force” and harmonizing interna- tional relations, undoubtedly we should long ago have reached a satisfactory ar- rangement with Great Britain regard- ing the fisheries controversy, and Germany would not have ventured upon the high-handed proceedings in Samoa inimical to our interests. The United States isin a position to require fair and respectful treatment from other na- tions, and it will undoubtedly be its policy for some years to come to firmly insist upon such treatment. In this way it will show itself entitled to respect and recover the dignity and charvacter that bave been lost under the present administration. SHOULD NOT BE TOLERATED. The action of the horse railway com- pany in petitioning the council for authority to erect electric motor poles along its lines, seems to indicate an in- tention on the part of that company to substitute cleetricity for horse power on all or a part of its lines. The move will meet with the opposition of the busin men of this y, and a very deciged stamp of disapproval will be placed upon the proposition of the horse railway company. 1f our business thoroughfares are to be crossed and recrossed by poles and wires they will be well nigh ob- structed and the impediment thus of- fered to the fighting of fire will be a very dangerous menace to the city. The: es are placed ata height of sixteen feet, and even lower, so thata wagon load of hay cannot enter Omaha upon any of our thoroughfares, nor can any house-mover or furniture express man do business without constant risk of life or destroying the wires. The telegraph wire nuisance must be abated at all rds. It will not do to make flesh of one company and fish of another. THE Bepg is decidedly op- posed to any attempt on the part of the horse railway company, or any other surface tramway company, to string wires in the principal streets, or on any business street of the ecity. If these companies ave not able to operate their ronds by storage batterics, let them use horse power, build cable lines or put their wires beneath the surface. The sooner this is done the better it will be for all concerned. The plew that subways, or underground wire sys- tems, are still an experiment is no longer tenable, 1In all the large cities of the east the wires are rapidly being placed underground aud the pole nui- sance has been done away with, Omaha i8 a metropolitan city and not a village. She cannot afford to have her streets obstructed by overhead wires while at the same time no property owner is al- lowed to hang out a sign or avail him- solf of any space beyond the curb line of the street. THE NICARAGUA BILL SIGNED, The president has signed the bill giv- ing a charter to the Nicaragua canal company, and that corporation thereby receives national recoguition, with all that may apply. The bill provides that the capital stock shall be one hun- dred miilion dollars, all of which is to Dbe issued from the principal office in New Yorlk, but none shalt be issued until ten per cent of the par value shall be paid in, and at least a million dollars shall be subseribed for stock within a year after passage of the bill, Congress shall have power to%lter or repeal the act whenever, in its judgment, the public good requires it. and the government shall not be in any way hable for the debts or contracts of the company. Unless work on the canal be begun in good faith within three years the act will become null and void. A majority of the directors of the com- pany must be citizens of the United States, These ave the principal provisions of thd act, which in no vespect involves 'Hm government, financially or other- wise. A clausejprovides that the com- pany shall give six million dollars of the stock, or six per cent of the whole, to the government of Nicaragua, in payment for the concession to the com- pany by that government of the fran- chise and a million acres of land. The company consists of wealthy and entor: prising men who nhave full faith in the project, and the construction of the canal.will be carried on wholly by pri- vate capital, That all the conditions required by the bill giving the com- pany a charter from congress will be complicd with there cannot be a doubt. Doubtless many millions of dollars will be subscribed before the expiration of a year, and work will very likely be begun at once, the com v, it is understood, having made all preparations to com- mence the work as soon as the organi- zation is perfected under the charter. Before the three years have expired in which the company must commence op- erations in order to hold the charter it is probable the enterprise will be well advanced toward completion, the estimated time for the construction of the canal being from four to five years. The feasibility of this project, which has been under consideration for years, has been amply demonstrated by the most capable American engineors while as to the great commercial im- portance of such a canal, all intelligent opinions are agreed. Thero appears to be no doubt that the Panama canal must be abandoned, and in that event a resumption of work on it will doubt- less not take place for a great many if ever. A ship canal connecting the oceans is a necessity to commerce of growing urgency, and this the Nica- ragua enterprise will supply. It is an undertaking of great and far-reaching possibilitics, and as a distinetly Amer- ican project, deserves to be encouraged. THE PROTECTION OF ICK. It is undoubtedly a fact that most people associate Dr. Billings and his remarkable experiments with the work of the live stock commission, and are thus led to an erroneous impression re- garding the latter. It is desirable that this misconception should be corrected, in order that no injustice sball be done the commission and that the hog-cholera specialist shall stand apart on his merits. There 18 no con- nection whatever between the two. As to Billings, the evidence seems to be pretty conclusive that his experiments have not been a success, and if heis to be allowed to continue them the probability is that more harm than good will result. With regard to the live stock comm n, however, there is no doubt that itsservices have been of value, although its cost has doubtless been greater thau there was any need of. This is a fault which may be easily remedied, and one which by no means forces the alternative of abolishing the commission. Experience has unques- tionably shown that an organization of this character is necessary to protect the stock growers of the state against the intro- duction of diseased horses and cattle from other states, as weil as to prevent the spread of diseasc originating in this state. To abolish the commission would certainly be to throw Nebraska open to the invasion of diseased stock from all the territo; contigious to the state, with the effect of very soon destroying our cattle inter and bagk- rupting hundreds of farmersand stock growers. It would inflict an irrepar- able damage on the state, from which it would take years to recover. What is required is such judicious - regulation of the live stock commission as will pro- duce the best results at the least cost, and which will prevent all forms of ex- travagance. The account rendered of expenditures during the last two years appears to show that more money was expended than was necessary to the offi- cient performance of the labors of the commission. There was too great lib- erality in the matter of personal cexpenses, and doubtless in jsome other respects, This, as we have sad, is remediable. But the protection of the stock interests of the state against dis- case from within and without cannot be abandoned without inevitable disaster to those interests, and there is no way of adequately providing such protection except through a thoroughly compe- tent commission. THE legislature of Nebraska does not stand alone in endeavoring to pass val- ued policy bills. The legislatures of six states are considering the question of requiring insurance companies in case of total loss by five to pay the full amount written in the policy. It has been brought out in the course of testi- mony that gross injustice has been done to policy holders by undervaluing their losses through an understanding existing between insurance companies little short of a trust. An appeal from a decision of the underwriters means to the insured expensive litigation and long delays, so that he is too often com- pelled by stress of circumstances Lo ac- pt whatever terms of settlement the companies may offer. It has been fur- thermore shown by the statistics of fire losses of those states where the valued policy is in effect, that the law neither tends to encourage fraud nor incendi- arism, as is charged by the insurance companics. The legislature of our state will fail in doing its duty to the people if it permits its sound judgment 1o be warped by false arguments of the insurance lobby. Oun citizens extend a hearty welcome to the delegation of Wichita’s business men visiting Omaha for thu&mrmuo of viewing the public works and great in- dustries which have made our ecity famous, Wichita, like Omaha, is the center of a corn and hog region, and the two cities have mauy interestsin common. It is a compliment - which Omaha cannot fail to appreciate and one which our city will be most happy to reciprocate, that citizens of the third metropolis of Kansas, have passed by Kansas City to pay their re- spects to the leading city of Nebraska. It is a recognition of the good name which Omaha bears abroad, and it is evidence of Omaha’s prominence as one of the leadiag cities of the country. Wichita is about to inaugurate a system THE OMAHA DAILY of public improvements on a large scale. With her publie spirited men working together for the prosperity of their city] Wichita cannot fail to be- come a grodt market and trade center for the territory tributary to i Tne people of northern Wyoming, especially in the coal and oil regions of that territory, ars anxious to become better acguainted with eastern No- braska. They want the railroads ex- tended into their country, and are look- ing forward with anticipation to the day when their coal and their oil, their ttle and their sheep will be ex- changed for the food products and man- ufactured commodities of Nebraska's commercial centers, [ Tie council has very properly taken action to include brick in the listof paving materials from which property owners may make their selection. It now remains for the proper authoritios to institute an inquiry into the merits of the different qualities of paving brick in the market, and to submit such rocommendations as seem necessary. e of Barbaris Republican. It is probable that New York city base ball An cranks will haveto goto Staten Island to sce the Giants play ball this y All the patriotism that is inspired by the national game was not sufficient 1o prevent the vaudal Gotham authorities from opening a strect through the Polo vark. Is civilization moy- ing forward or backward ! -— Mr. Coleman's Brief Honors. Philadelvhia Record. Mr. Coleman may now prefix “secretary’ to his name, but when he thinks of the near approach of March 4, and the number of vatriots who are willing to devote them: o the development of flower sceds, of grasses and of trces, he doubtless 1eels like asking It s0 soon that I was done for I wonder what 1 was begun for. g Kings Don't Flourish Here, Boston Glob So Sir John A, Macdonald wants some member of the royal family to come over to Canada,set up a throne and found a dynasty ! Maxmilian tried something of that sort in Mexico, aud it ended ina tragedy. People who attemptto found a dynasty i the new world are apt to die nasty deaths. Civilized By Republica Kansas City Jovrnal, Behold how the republican leaven is worlk- ing in Delaware. A bill is now pending the legislature providing that here no female shall bo punished for any crime by the whip or tie pillory. M What BouTanger May Le Denver News. If General Boulanger marrics an Ameri- can wife, an intent he is credited with by a Paris telegram, he will gain a clear idea of local self-government. S —_— . An American Government Again. Philadelphia Noyth American. ‘The interregnum ‘will last only 1wo weeks ro. longer. Then we will have an Awmerican government once more, PR Parnell's Pluck. Philadelphia Record. Parnell is sick, but not sick of the fight. That man would get up after a lnock-down in the 10,000th round. et Encouraging Butlding Associations. OManA, Feb, lo the Editor of T Bee: The agitation for the control of building and loan_associations is certainly a step in the Tight dircction. The vast sums entrusted to the care of these associations are taken principally from our citizens who labor for stated salarics, on whom a possible loss would fall very heavily. It is my opinion that any measure looking to the better regulation of these associations, under laws which will not cripple their use- fulness, would meet with the hearty approval of all those interested in such institutions, Iam in favor of & law putting building and loan institutions under the banking luws, or the inspection of the auditor of state, to the end that the workings and standing of these associations may be ascertained by a regu- larly constituted officer of the state, thus pro- tecting both the ofticers of the association and the sharcholders. Unlike bauks, the amount of cash in sight is very small, in consequence of which the securities the points to be looked to. As these institu- tions loan their funds only upon real estuts sccurity, and depend for profit upon the compaunding of intcrest, it 1s plain to be seen that building associations are more se. ire and safe in their plan and action than alurmisis would like one to believe, There is 10 dispute as to the benefits derived from these institutions. The nould not be restricted in their use- fulness, for they are an important factor in the cause of thrift, and members thereof so0n find themselves in possession of an amount of money accumulated from their small savings far beyond their most sauguine expectations. U. S. LOAN AND INvESTMENT Co., Per M. H. Slomun, Secretal — THAT TROUBLESOME ROOF. The Covering of the County Hospital Leads to a Secret Jangle, The board of county commissioners held a star chamber session yesterday in which some very animated and noisy discussion took place. The trouble hinges on an out and out dispute between the board and Mr, Brown, a representative of the Indianapolis Iron Manufacturing company. This is the concern that secured the contract for furnish- ing the iron roof to the new county hospital, There is something like $8,0%0 due them yet on their bill which was originally over &1 000. Two weeks ago the commissioners re- ceived u letter and u statement from them claiming that R; & Walsh were not com- ing to time according to agreement in paying the 8,000 still due and asking to be protected againsy loss. At their regular meeting last Saturday the board expected to make another np‘xmnriulmu and certain bills for Ryan & Walsh, from which they might be able to liguidate these debts, It was desired, however, that Mr. Mycrs, architect of the building, should examine the work and pass judgment upon it before any more money should be ordered paid out. He failed to put in an appearance Saturday, con- sequently an adjournment was taken until yes- terday. Mr. Myers arrived Monday morning, So did Mr. Brown, of the Indianapolis con- cern. That day these two gentlemen and the commissioners visited the hospital and made a thorough examination of the struc- ture, In the meantime some oue, it is not stated who, conceived the idea that an oppor- tunity might be presented for an investiga- tiou in the contract of the Indianapolis Irvon Manufacturing company. Yesterday the 1oard met in County Clerk Roche's back ufce, with Mr. Brown and Architect Myers present. They locked the doors and went at it. They made the charge to Brown that his firm had not ful- its contract in furnishing as much iron for the roof as it demanded. ~This charge Mr. Brown denied most vehemently. It was also alleged that the contract called for iron arches for some of the windows, which allegation he likewise flatly denied. For nearly two hours the wrangle was continued without any resuits, Defaulter Moore Sued. New Yorg, Feb. 20.—Joseph A. Moore, the insurance agent of Indianapolis, whose extensive defalcation created such a stir some time ugo, has been sued for $30,000 by the Conuocticut Life Insurance company, | WEBSTER'S ~ LONG ~ BRIEE. It Arraigns the Dual Attempt at Prohibition. TERSE AND CONVINCING LOGIC. The Battle Before the Supreme Court Disconcerts the Upholders of Dempster's and Cady's Combination Scheme. Before the Supreme Court. LincoLy, Neb,, Feb, 20.—[Special to Trz Bk, ) —The hearing of arguments by the su preme court in the validity of senate file 31, the submission bill, was begun at half past two this afternoon. About twenty-five spectators were present among whom were ouly three four members of the le; re. The as sembly was without incident of special note. The room is small and stuffy. It was barely large enough to told the small audience. The attorneys were closely crowded by the spec tators; the opening and closing of the door made frequent disturbance, and the event was devoid of much of the dignity and de- corum which the ordinary person would - agine in u proceeding involving such im portant interests, The hearing was opened by Attorney Gen- eral Leese. Mr. John L., Webster sat at his left, leaving upon his hand, while his elbow rested on the long table in froat of the three judges. His eyes were cast down in an atti tude of quiet, close attention. Sitting a little back from the table was Mr. G. W. Am brose, of Omaha. His hands were clasped ACross th his head. He leancd back ward and hi $ Wero gazing into vacan At the right af the attorney general sat Representative Rayner taking notes, and back of him was Mr. C. A. Robbins, of Lin- coln, who represents the anti-saloon repub- an league, The judges listened with adignity and attention befitting the occa sion, and moved about from time t time to relieve a constraining position, now resting their heads upon their hands and again clasping their hands in front of them. The attorney general apologized for not aving an elaborate argument by saying that lie relied uvon his associates to supple- ment his statement. He argued that the proposing of an amendment to the constitu- tion is not a icgislative act, and quoted Cooley on constitutional limitation and othe» authorities m subport of his proposition. 1f this be true, senate file 31 does not come within the scope of section 11 of article 8 of the constitution, which provides “that no bill shall contain more than one subject, and Hu[' same shall be cl expressed in its title.” Ihere is no question but what the elect- ors can vote on cither proposition as sub- mitted, but the vote would be a stand-off 1n the Then the two propositions are 80 adve 1o cach other that it is not at 1 probable that any mwan will vote for or against them both, unless 1t is caused by not orstanding the question upon which le casts his ballot. “If Loth propositions secure a majority of all vote: result would be to leave the question where it is at present, as one prohibits and the other regulates. Each would bear equaly on the subject, and neither could be enforced without a violation of the other. The real effect would be to e a blot upon the constitution attorney general’s argument was lim- ited to the clucidation of the several ques- tions propounded in the house resolution to the supreme court, His argument was short and devoted chiefly to demonstrating that w proposal by the legislature to amend the con- stitution is a ministerial act and that conse- quently senate file 31 was not subject to the rules governing an act. He was foliowed by Hon. Johu L. Wel ster, of Omaha, with an_elaborate argument against the validity of the bill. Before him he laid his printed brief, to which he occa- sionally referred. He spoke in an ecaraest conversational tone, free from declamatory efforts. For emphasis he tapped the open vrief with his eye-glass, whi he held i his right hand, occasionally varying the act by bringing his left forefinger down upon the brief with a littie emphatic thud calculated to make the accompanying statement im- pressive. While Attorney General Leese held that senate file 31 should be treated as though it were a resolution instead of an ac Mr. Webster mantained that it was in every essential a bill. Mr. Webster began his argumen ith a statement showing the form of senaté file 31 as originally introduced by Senator Lindsay and its form as amended. He then quoted from the senate journal showing the manner of concurring in the house amendments, and quoted the record of the secretary of state’s office to show that the bill had been sent to the governor, though he had neither signed nor vetoed it. Mr. Webster then undertook to show that the amendments in nate file 81 had nou been proposed in the manner provided by the constitution, basing his argument on section 1of article 15, which reads as follows “Either branch of the legislature may pro- pose amendments to this constitution, and if the same be agreed to by three-ifths of the members clected to each house, such pro- posed amendments shall be entered on the journals, with the yeas and nays, and pub- lisned once each week in at least one newspaper in cach county, where a newspaper is published, for threc months immedintely preceding the next election of senators and representatives, at which clection the same shall be sul mitted to the electors for approval or reje tion, und if a majority of the electors voting t stich election adopt such amendments, the ne shall become a part of this constitution, When more than one amendment is sub- mitted at the same election, they shall be so submitted as to enable the electors 10 voteon mendment separately.’” speaker then advanced these funda- mentul propositions : lither branch of the legislature may pro- pose amendments, The other branch agrees to them. Three-fifths of ull the members elected to each house shall agree to them, ‘Such proposed amendinents shull be entered on the journals.’ This contemplates some- thing entirely different from the passing of a *bill,’ or the enacting of a law. Scction 10 of article 3 of the constitution says No law shall be enacted except by bill.’ No such thing is contemplated with reference to con- stitutional amendments, Every ‘*bill' shall have a title, No such thing Is necessary with a constitutional amendment, Every law must have an enacting elause. No en- acting clause is necessary in proposing cou- stitutiounl amendments, A bill may ‘be passcd by the ‘assent of a majority of all the members elected 1o each houseof the legis- lature.” A proposed constitutional amend ment requires the agreement of three-filths of all_the members electod. A proposed amendment must be ‘entered in the journals.’ A bill need not be entered in the ‘journals, A proposed amendment need not be submit. ted tothe governor for his approval, but v bill passed by the legisluture ‘shall be nted to tne governor.” It is thus clear constitution cannot pre: that amendments to the be ‘cnacted’ or proposed by a *bill,’ None of the provisions of the constitution reluting to “bills’ have any application to proposing con- stitutional amenaments. In proposing amend- ments to the constitution the legislature does not act in a legislative capacity. It action is analugous 1o that of & constitutional conven- tion, which 1s a mere recommendation to a body above #nd beyond it, which alone en. acted it intc o law. The action of the con stitutional convention is merely ministerial, if a procedure contemplated by the legis- lature is to be ministerial it must be by reso- lution and not by an act of the logislature.’” In support of these propositions Mr. Web- ster cited several authoritics and precedents, amonug them Jamison on constitutional con- ventions, Daniel Webster, Lyman Turmbul and Reverdy Johnson. He also showed that the uniform pratice of proposing amend- ments to the federal constitution has been by joint resolution. i “From what has been said and quoted," argued Mr. Webster, “are we not justitied Children Cry for Pitcher’s Castoria, When Baby was sick, we gave her Castoria. When she was & Ghild, sho cried for Castoria, When sho became Miss, she clung; o Castoria, W07 she had Childrua, sho gave Lhem Castoria. in coming to the conclusion that the constl- | amendment. When not limited by the cons tutional method of proposing amendments to the constitution is by a jeint resolution, and ot by an act of logislation? 1 that bo the method contemplated by the constitution, where does the authority exist to resist to an entirely different method, a8 was done in the case at bar! 1If the legislature can ig nore the requirements of the constitution as to the method of proposing an amendment to | a constitutional amendment must be submit that instrument, why n that body mnot | ted by joint resolution. All amendments ignore its requirements touching the three. | submitted since 1875 have been by resolution fifths vote! If the submitting an amend Mr. Ambrose also touched upon the points ment by an act of legislation, surrounded b already argued by Mr. Webster. all the forms and characteristics of ordin Mr. Robbins closed the argument by con- legislation, be not the manner provided by tendmg that the court should uphold tha constitution, such proceeding must be out evident intent of the legislature. He quoted side the constitution, and the ult evt Webster's definition of provose, and ar dently follows that the same 1s unconstita that an amendment could be proposed by a tional and void."” bill, or_any one of several methods. He ad Mr. Wobster Iaid down the proposition that | dressed himself briefly to various arguments the measure under consideration was legisla. advanced, but did it disconnoctedly. matters, He maintained the form of ballot in the bill was in accordance with a provision of the constitution ana must of necessity be valid Mr. Ambrose contended that an act of 1877 gavo a legislative interpretation to the con- stitution and established the proposition that tion. It was presented as a “bill” It had Fhe hearing lasted over four hours. Mr. enactiug clause when introdu in the | Webster's argument was a masterful off, senate, and had it when finally adopted. | lucid and logical, and occupied nearly two Here are the primary clements of legislation, | hours, ~All three of the counsel for the stato pleaded lack of preparation, and their fir Section 2 of the act provides the manner of was scattered. They wera unprepared for voting on the amendments by dofining what shail be written or printed on the ballots. That is log fortified by de- ‘“The constitution requires that the ‘pr posed amendments shall be entered on the journals,’” said Mr, Webster, *“This lan. guage contemplates that the proposed amendments in the completed form in which they are to be submitted to the veople shall be entered at large upon the jou of cach house. These journais are made the record of the amendments so proposed. 1t is to this record the people must go to find amend- ments submitted to them, 1t is entirely un like an act of legislation in this regard. I evidently is not the intent of the constitution that the proposed amendments may be scat- tered through the journals in fragments, ‘nore a little and there a little.’ This would reauire a skilled legislator to gather up the fragments and join them together, to find out what v submitted to the people. These amendments are proposed to the electors, made up of men of all classes ana degrees of learning, and should appear in a form that will address itself to their common under- standing.” Pe quoted the opinion of the Towa su- preme court on a_prohibitory amendment, which embodied an argument from Cosley’s constitutional limitations. The conclusion of the TJowa court and of Judge Colsey is that the direction to enter proposed amendments upon the journals is mandatory. Other de- cisions are on a line with this position, Section 2 of senate file 81 is in conflict with section 22of article 1of the constitution. After providing what shall be written or printed on the ballot of each elector concern. ing the prohibitory amendments, section 2 provides: **There shall also be written or printed on the ballots of each clector” an afirmation or negative concerning the license amendment. The conclusion is, that there shall be on eath ballot words for both amend- ments or against both amendments. Mr. Webster arguced: “If the electors use the lots which this law has provided for them, both constitutional amendments will have received the same number of votes, and the line of Mr. Webster's argument and their rebuttal was lamentably weak, rambling and Soction 8 s where the amendments | irrelovant. shall be ptaced in the constity if carricd, | Tho court has taken the matter under ad- and the number of votes necessary to carry | visement, but will allow counsel to submit the amcndments. This is legislation. additional argument to-morrow _morning. ““It does not alter the condition of the case | There is no meansof tolling when the court's 1o say these things were unnecessary in pro opinion will be delivered posing amendments to the constitution,” - said Mr. Webster, *“We actually find them PLUCK AND RESOURC In the act, and v must, consider and deal | qy,pq0 Made Chicago, They Will Now If the framers of tue constitution had in ake Omaha, tended that amendments wore to be sub R. F. Williums of the Co-operativo Land mitted by bl' or ‘act® of the logisluture, | & Lot Compnny, speaks: hey would ha 80 said and provided, but ve o ko . ticy dia otherwwise. 1T It a to be said ok ad b i b s mitted that an amendment can be submitted | tance, is your city's future very promising! to the people by legistation such as this, | Do you think Omaba will continue to grow then why not say that when an act is passed | in the future us it has in the past! What hi\;‘-”";":;;',f,:.‘,:m I.}",:il'?,.‘.‘»‘“.‘ffiq.‘.‘l,a'.‘-"l“fil'c.‘\‘".i reasons have you for thinking Omaha will to cach house, that such amendment is prop- | Make a great city! aud many kindred ques erly and legally submitted.” tious to answer, which let me make use of This position was _again in your columns. " cisions and authoritic “One has but to look at and consider the m’fh&' n‘vxét',!;\\axil ‘T e rwi ‘é‘nsx :P;fl 1“::5: p;‘;.no geographical location of Omaba, to be con- od amendments were not_entered LH 518 vl 3% Journals as required by section 1 of article 15 | Viiced that sho s yet in her infancy, and & 51 1D COMLIRLION, very healthy child, surrounded by tne The original senate file 81 was entered on | Srandest resources that ever nourished a the journal of the senate. The bill as it | City into strength and greatness. In the re passed the house scems to have been entered | cont past one could hear 1t said, Chicago is on the house journal. When the bill came | our modern Rowe; all roads lead to her back 10 the senate the amendments proposed | gates. But Chicago is waking up to find a in the house were entered in_the senate | mighty rival in the west, cutting off her sup- journal, but the bill, as amended, was not [ plies. The great streat: of commerce that cutered upon the senate journal asan en- | washed such wealth to the city of the lukes, orinthe form of acompleted instru- | is being mightily impeded in its course, and the time is not far distant when Chicago will thankfully receive the waste that flows over the dams. To judge the future of Omaha, we have but to glance at tho history of our cities, What made Cincinnati?® Her western resources. What, to a large extent, checked her growth? Her rival, Chicago, in the west. What made Chicago? Her western resources. And what does Chicago fear to-day? She fears that Omahn ili dictate to her in the future, osshe has dictated to Cincinnati in th t. The reason for all this is obvious —Westward the course of em- pire takes its way:’ the corn and stock-rais. ing industries go hand in_hand with civiliza- tion, and it hias long since been proven that it is more profitable to consume our corn and pack our meats where they are grown than 10 ship at great expense and risk to aistant cities, “But it may be asked, will not some city spring up west of Omaha, rivaing her?, ns these cities have been rivaled in their turn? We can_safely answer no. 1 deem it impos- sible. The distance from Chicago to_Omaha is about, or nearly cqual to the distanco from Onaba to the mountains, and when new cities are laid out west of us they aro cither too close to Omaha_to flourish long, or are so close to the mountains as to limit their resources. Thus Omaha will be the great western city of the Mississippi valley. The enterprise of her people 18 unsurpassod on any quarter of the globe. and the coming season holds out_every promise of prosper- ity. The vast amount of money and labor that will be expended in building our mam- moth postoftice, in building our city hall, in moving our army headquarters, in grading our strecis, in constructing and operating miles on miles of cable and motor lines, be- sides many private building enterprises, 'will surely furnish ample employment to ali; and with “everybody at work prosperity 1s ours and Omaha will boom as she has never boomed be fore.” Wichita Wanderers, hence both constitutional amendments may Yesterday morning at 9 o'clock the have a majority of all the votes cast, or both [ Wichita delegates were met at the amendments may bave fless than a majority | chambe of commerce aud taken of ull the votes cast. It may be said the | to South Omaha. The escorting elector can erase one afiirmative or one ncg- | party was President Euclid Martin, ative from his ballot. Physically he can, | Secretary W. N. Nason and Messrs. but not under any iegal sanction provided in | Max Mey C. O. Lobeck, James Grant and C. E. Sawyer, of the Omaha board of trade. ‘The distinguished gentlemen were escorted through_the stockyards, packing houscs and other places of intercst. They expressed themselves as being surprised at tho won- this section, The coustitution require “When more thau one_amendment is submit- ted at the same clcction, they shall be so submitted as to enabie the electors to vote on each amendment scparately.” Section 2 of s " the present bill is in a form which requires | derful growth and prosperity of the Magic the clector to vote on two amendments | City. joiutly. This section is intended to regulate In the they were driven about the clection, and prima facie, at least, the | Omaha, and at ‘6 o'clock was entertained at clector is expected to use the form of ballot | lunch by the Omaha club. They took the therein provided for hiwm. night train for home. “The results ard three-fold: “First.—To vote for two amendments jointly. I nd. To vote against both awend- ments jowtly. “Third.—The clector to be deprived of his constitutional right to vote for either as his conscience dictates. T this scction i void the whole act is void, asthe sections were necessarily in- tended to go together as necessary, depend- ent parts of tho sawe act.” Mr., Webster conciuded with the argument that senate file 31 was repugnant to Ame: icau principles and practices. It is a fund mental principal of the election laws of this cotntry that the clectors shall not be ham- pered at an election by inconsistent proposi- tions. If both the amendments should re- ceive a majority of the votes they would nul- lify each otner, or the hcense amendment, being the last in order, would prevail, Mr. Webster was foilowed by Ropresenta- | ¢yiicn. tive Raynor, who had been "busy making S been able to begin preparation until this [ Pearl Mackey recently loaned one of the soited doves in hor palace of sin a silk dress morniog, He contended that scnate file 31 was a ministerial act _purely, only a propo and other toggery with which 1o make a pre- inconsistent Judge Groffin Kearney. Judge Groff says that he had a good time at Kearney, having lived therc two years, prior to locating in Omaha. The people know him, and were naturally anxious that he should prolong his visit. The object of his trip was to decide a law contest in which John Price had sued the Kearney Land com- pany for §35,000 on a contract, and in whi defendants set up a counter claim for dam- agos for §16,000. After hearine all the tes- timony, arguments of counsel and everything else bearing unon the case, his honor con- cluded that Mr. Price was in the wrong and found for defendants. —— Horsford's Acid Phosphate For Weakness, Hysteria, and other diseuscs of the ncrvous tion to let the people vote on proposed | gentable appearance. The recipient, who amendments to the constitution. It may | gives the nwme of KReah Boyd, leftin the have the characteristics of a bill in form but | Gead of night with this finery and went to not in substauce, The constitution provides that & bill must have an_enacting clause, but there is no such limitation as to the form of preamble for a proposition to submit an boarding at awother house. I-carl brought civil action and recovared the silk dress and the remainder of the wardiobe cannot bo recovered. Poor €The number of bright women who no longer doubt that PEARLINE saves time, labor, wear and tear in all washing and cleaning, and is withal pcrfiectly harmless, reaches millions—and increases daily—a fact proven by the consumption of the article, which is equal to two packages a year for every family in the land. LEvery pound Package of Pearl- ine which you give away will enable a poor woman to do in half a day, washing or cleaning that would consume a whole day if done in the ordinary way, with soap ; besides, the work will be well and easily done, and the things washed (as well as the woman herself) will not be rubbed to pieces. We think most women would appreciate such a present. To prove all this, get a package of PEARLINE from your grocer, and wash or clean something by the labor- saving directions which are on every package, Beware of imitations, ™ JAMES FYLE, New York stitution tho legislaturo is supreme in such b i hriai s e