Omaha Daily Bee Newspaper, February 28, 1889, Page 2

T GOES DOUBLE-BARRELLED. The Dual Submission Bill Declared to Be Constitutional THE SUPREME COURT DECISION. Electors May Vote for Either of the Propositions, But Votes Cast in Favor of Both Nullify Each Other. TascoLs, Neb,, Feb, 2 Bre.|—The opinion of the su 10 the constitutionality of t blo-headed proposition that the pooplo vota upon prohibition and high licanse was handed down, to-day. It is an exceedingly long docurment, and declares the proposition constitutional, It first gives the measure in full with the records of the journals in rela tion to it, recites the position taken by those who contend for the unconstitutionality, and gives the points in Mr. Webster's brief. The opinion sots forth at great length a number of decisions in casds deemed to be similar to the case under consideration, and quotes freely from ‘*‘Jamison on Constitu- tional Conventions™ in support of the conglu- swon reached. On the plea of abatement in one case cited, then pending in the United States supreme court, the objection was made that: “The amendment has not sed in the orm prescribed i the constitution, aud is herefore void.” Nevertheless, after argu ment, the amendment was sustained by tho court and that decision has been followed in making all the amendments to the constitu tion of the United States from thut time to tho present. In discussing this subjectJ udge Jamison cites the varying methods of diffe ent states as to the manner of propc amendments, leading the court to declare that there is no uniform practice in sub- mitting propositions, 1t further declares that nonc of the provisions of the constitu- tion relating to “bills” have any application 10 proposed constitutional amendments. “The phrase, ‘Be it enacted,” while ordi narily applied to the passage of bills, way be used to pass a mere resolution or proposal. There would seem to be nothing in this ob jection. It will be conceded that under our constitution it is unnecessary to submit a proposition to amend the constitution. duly passed by each branch of the legislature, to the governor for his approval. as such prop: sition is not ordinary legislation.” It is next stated that the resolution is not invalid by reason of having gone through process not required by law, provided it gone through every process so_required T'he coustitution,” says Judge Maxwell opinion, “*does not provide the form-of a prc posed amendment to the coustitution, and Wwhile the proper form would seem to be ‘Be it resolved,’ etc,, it does not render any other proper formula unavailing or void. The first objection therefore in the briof of Mr. Webster is overruled, “It is cinimed that the proposed amend- ment is unconstitutional for the reason that it is in conflict with section 21, article 1, of the constitution, which provides that ‘All elections shall be free and there shall be no hindrance or impediment to the right of a qualitied voter to exercise the elective fran- chise.” It is said in Mr. Webster's brief that we must consider the present doctrine of as an act of the legislature. As yet it is no part of the constitution. Docs the act, as now framed, in one of its necessary parts conflict with the existing constitution? “Section 2 of the act provides that on the ballot of each eltctor there shall be printed or written the words, ‘For the prohibitory amendment, ‘Ajzuinst the prohibitory amendment.” ‘Second. ‘For' the liccnse amendment, or‘against’ license amendment. 1t scems cloar that there must ba printed or written on the ballot of each elector, words For cach of the amendments or Against each of the amendments. After Pproviding what shall be written or printed on the ballot of each elector, concerning the prohibitory amendment, the section pro- vides: *“‘There shall also be written or printed on the ballot of cach elector an afirmative or negative coucerning the licsnse umend- ment.’ j “The conclusion is, that there shall be on each ballot, words ‘I'or Both amendments or ainst Both amendments.’” n support of this proposition, the casc of Allen vs Louisiana, 103 U. 8., 84, §s cited, and Judge Maxwell con- cludes:” “To be effective but one of the propositions can be adopted and be- come part of the constitution. The pro- posed amendments are not dependent upon each other and, therefore, are not in conflict Wwith the constitution." 2. “Mr.Webster, in his brief,contends that the proposed amendments must be submit- ted together, that is, an eclector must vote for both amendments or against both amend- ments.” After citing the original measure and the amendments thereto, the court rules: “The propositions ave to be separately sub- mitted. They are independent proposals, both intended to place restrictions upon the rafilc i intoxicasing liquors as a beve 3 t is u well knpwn fact that the unrestricred trafiic in intoxicating liquors, us o beverage, produces destitution, misory and_crime, fills oor houses and prisons, and indirectly adds largely to the burdens of taxpay- ers. How best to control this evil, has occupied the attention of wise and thoughtful persons for many yesrs, &nd tho inquiry is, what system will produce the best practical results! On the onc hand, ‘l. is claimed that in the prescnt state of pub’ lic sentiment the most effective restriction 'an be obtained by placing licenses at so igh a sum that only reputable and respon- sible persons can engage in the business, and they are under such labilities and restric- tions as prevent sales to minors, drunkards or to anyone on Sunday or election days or atany time in_ sufficicnt quantities to~ pro- duce intoxication, and by making persons engaged in tho business, and the surties on their bouds liable for any danages sustained by anyone from the salo of intoxicating liquors, On the other hand, the opponents of license claim that the only effective mode of controlling the traftic is to prohibit it al- together. The legisluture recognizing this divided state of public sentiment has in effect said to the electors of the state ‘Choose ye which system ye will have,” and hence has ubmitted both auestions. Electors in ¢ ing their ballots for or against a proposition are supposed to be, and as a rule aro r’\'flrmv by principal, hence, if one votes in avor of prohibition it will be rare, indeed, that he will vote in favor of license: So if he votes for license ne will not vote for prohibi- tion. ‘The proposed amendments provide for different and contradictory modes of control- ing the liquor trafiie but one of which can be effccted if adopted. The propositions being indopendent, however, an elector may vote for one and against the other, or for or Against both. If both should receive a ma- Jority of all the votes cast, hbwever, the Bmendmonts being irveconciliable, both would fail. Such a contingoney is so remote that it scarcely nced be considered. No title is necessary to @ proposcd amend- ment or amendments to the constitution, aud Af o title bas been inserted, it may ho troated as a nullity, A proposition to awend the constitution, when adopted by the necessiry threefifth vote of all moewmbers elected to each houso, is in no sensoa law, It is u me proposal based, it is to bo prosumed, upon a public demand for ity submission, but it will possess no validity until ratified by a wajor- ity ou all the votes cast at the eloction. If two or more propositions are submitted they are to bo submitted separatsly. Thore is good reason why but one subject should be ewbraced 10 a bill designed to sccurs a luw by the action of the logisluture or govern. ment, and thut tho subjoct should be ¢leg exprossod in the title, as without such o dition, experionce has shown the provisions of u vory objectionable charicter which the wass 20 possibility of passing independontly were attashed 1o meritod bills and through, or knowingly voted for mombers to prevent the defeat of mer! torious measures. In other words, assaid the ‘court in White vs Lincoln, 5 Nebraska, 55, Phe object is to prevent surreptitious logis lation by incorporating into a bill obnoxious wvisions, which have no connection with @ object of the bill, aud of which the title ves no indication.” No such rcusous, ob. n, however, in submitting a propositiou to amendmen of the conslitution, so fur as ey relate to bills not upplicavle. “Xlr. Waobster in his brief, page 41, says: #I'reating tho whole bill for an alternative wole, it is subject in principle 1o the saue ob tions which this court made to that form & proposition .in Joues vs Hurlburt, 13 al to Tnr ourt proposed dou b, poc or Nebraska, 135, and Spurk vs Lincoln & Northwestern railroad company, 14 Ind., 203. In those cases it was held in effect that the grant was void for wart of a specific granter, * * * * The law has no applicatiou to this case, even if we apply it10 the action of the house in amend. ing the senate bill, “‘Mr. Webster in his briet also contends that the proposed amendments were not en- tared on tho journals as required by the con stitution. The journal of the senate shows that senate file No, 81, as it origimally passed t body is spread at length on such journal, 1 the house journal shows that the bill with the ameniments made by the house are ored at longth on such journal. And when the senato concurred in the house amend ments, such amendments were spread at length on the senate journal. Thus the en tire propositions are entered on the house journal, while the senate journal shows ‘the propositions in two scctions. The same question was before tho supreme court of Kansas in the_prohibitory amend ment cases--21 Kan., 710-—where the pro. posed amendmonts had not been sproad at length on_the journals of the respective houses. The court, by Brower, JI., says: ‘Is a proposition to amond the constitution in the nature of a criminal proceeding, in which hie opponents of change stand as dofendants in a criminal action, entitled to avail them selves of any technieal error, or mere verbal mistake, or is it rather a civil proceeding, in which those omissions and errors which rk no wrong to substantia] rights are to disregarded! Unhesitatingly we afirm the latter. The central idea of Kansas law, as of Kansas history is, that substanee of- right is grander and more potent than methods and forms. The two important vital elements in any constitutional amendment are the assent of two-thirds of the legislature aund a majority of the popular vote. leyond thes, otner ropositions are mere machinery and forms, They may not be disregarded, becauss by them certainty as to the esseatials is se- cured. But they are not themselves essen- tial. Take a strong illustration: The con stitution requires that the ‘secvotary of state shall cause the same to be published in at lonst one mewspaper in each county of the state where a newspaper is published for three months preceding,’ ete. Sup- pose a unanlmous vote of both houses of the legislature and a unanimoas vote of tho people in favor ofa constitutional amendment, but that the sccretary had omitted to publish in one county, in which a newspaper was published, would it not be simply an insult to_common sense to hold that thereby the will of the legislature and people had been defeated? 1t is within the power of the secretary, either through i norance or design, to thwart the popular de- cision? Is he given a veto, or can he create one! This may be an extreme case, but it only illustrates the principle. The records of the proceedings of the two houses are made, not by the houses themselves, but by clerical ofice. True they are under the control of the respective houses, but in fact the records are made by clerks, May they defeat the legislative will! The constitution doas not make amendments dependent upon their approval or their action. To insure certainty and guard against mistake, journal evidenc) of the amendment and votes is pre- scribed, but this is mere matter of evidenu and not the substantial condition of constitu- tional change. The casa cited from Kansas cems to state the law correctly and has our approval. Tho case at bar, however, is mugh stronger than the one cited. The maxim of the law is *Id certum est quod certum reddi potest,’ that is certain which may be rondered certain—2 Blackstone Comm. 143: 4 Kent do Comm, 462 This maxim is constantly ap- plied in the construction of instruments ef- fecting the title and possession of real estate and other matters of importance, and is ap- plicable to a proposition to amend the consti- tution. The journalsof both houses snow that the iden were duly passed by both houses entered on the journal of the resp houses with the yeas and nays, the on jection being that in the senate journal the propositions amended by the house 13 not en- tered at length in ond place. This in our view is not fatal to its validity. *‘T'here is another reason why the court will not declare the propositions inyalid be- cause not entered at length on the state senate journal. The legislature is still in session and each house hus complete control of its journals during this session to amend or cor Teet the same, to confirm to the facts. ““Upon the whole case there is nothing in the propositions in conflict with the constitu- tion or that renders them invalid.” i Turned the Laugh on Howe. Lixscony, Neb., Feb. 27.—|Special to Tug Bee.|—The scnators will bave their joke, and Church Howe yesterday offered tho fol- lowing resolution: Whereas, The followingeappears evening newspaper: NEnitAska City, Feb, 26.—Highway rob- beries haye been perpetrated or attempted, nearly every night for a week in this city, Last night. threo well known citizens in different parts of the towa were held up at the pomnt of revotvers by two men at differ- cnt times and robbed. The town is run over by tramps, and the live men who coustitute our police force are poweriess, consequently no arrests. Men are bocoming afraid tqven- ture out atnight; therefore, bo it Resolved, That the commander-in-chief be and he is directed to at once call out the mi- litia and march at once upon Nebraska City, ana vestore law and order; that Senator Ransom is hereby excused by the senate and directed to report to the commanding general as chicf of artillery. On motion of Senator Norval the resolu- tion was referred to the committee on labor, of which Senator Ransom is chairman. ‘This moruing Ransom made tie following report, which was read amid much merri- ment: Mr, President: 1he chairman of your com- mittee on labor, to whom was referred the annexed resolution ordering him to report to the commanding genezal and assist in sub- duiug the robbers, tramps and highwaymen operating in Nebraska City, begs leave to re- port that under his divection, and with leave of the commander-in-chiof, the army moved on the enemy lust night and drove him back to his home in Nemaha county, and he is now encamped around Howo station, in that county. Scveral prisonars were captured, and on thoir persons were, found aunual passes on the Missouri Pacifie railroad in this state, Hon. Church Howe, & member of this body, who had been selected as sutler, went over tothe enciny to trade with them, and he was at once recoguized and wi claimed by the encmy as thoir leador, Ho 18 10w on the right wing, near the Peru nor- mal school, but refuses to allow his men to g0 near the school building, feaving thore nay be an explosion of unexpeeted oil stored there, Scouts report the cucmy in charge of all the roads, and Howe, having openly de- clured that bo was out of politics, is gather- ing and enlisting rocruits rapidly to his sup- port, Ifc has agents m the capitol now ne- gotinting with the lLive stock commission th & view to having that body move on our horses and animals, [ recommena that the voterans bo ordered to the front, and that Hon. Church Howe's seat in this body be de- clared vacant, and that Hon. R. S. Norval be eashicred for stopping to ralse a constitu- tional objection when our men wero crossing the Nemala river uuder heavy fire, 1T, Raxso, Chalrman, B PYams' Kic LixooL. Nob., Fob. 27.—Special to Tie Ber]—Senator Ijams' bill wmending tho elcetion law udds a proyiso of the peace in metropolitan eitios to six. It is f such genoral interost to Omaha that its text Is here given in full: Provided alsg, that in all cives of the metropolitan class there siall be but six (6) justices of the pence and no wore for eack of such cities, eud for the purposo of establish- lng this pi county board in the county in city or o'tios shall be sitnated, on or befora the tivst day of Sep! 1859, 1 counties in which there is g ady of Lhe metro- politan vluss, and in all othor counties on ov x'lurll) the first of September after which & city thorel in an which such Ly districts, numborad respectively firat, so and third, and shull ba composad of two or moro wards or voting districts, as the caso miy be, comprising compact and contiguous territory, und embracing us noar as possi one-third of the population of such city, and not subject to alteration oftener than once in four yoars, and two justice of the peace shall be electod from each of said districts by the a, it shall bo the duty of the | | prosent law. | quatified cloctors of said districts, who shall | provide and maintain an ofice oF place for holding court in the district in which they shull have boen elocted. Aad it #hall be the farther duty of said sounty board after they snail bave ostablished the districts as afore sald; wud thirly (30) days peor 10 tho noat eloction at which justices of the peace are to bo elocted to publish three times, in some newspapor printed and of goneral circulation in said city, & notice of the fact that such dis- tricts have been established, describing the samo by boundaries, and afso prepare and file in the office of the county clerk a plat showing and describing the boundaries of the rospective distriots aforesaid; tho costs of which publication and plat to be paid by the county. And for the neglect or rofusal of the county board to attend to all or any of the duties herein mentioned, each membe thereof shall bo deemed gulity of malfoas- ance in oMce, and shall be fined as by law now provided. Billings Secking Revenge. LixcoLy, Neb., Feb. 27.—[Spocial Tele- gram to Tie Bee.]—Ex- Chancellor Manatt boing sick to-night, the committes for inves. tigating the state farm examined no wit. nesses. Governor Thayer and Prof. Bill- ings wore present. The governor twvas in- vited to address the committes, and read Biliings' letter offering to i'rank R. Morris soy material to fire hot shot into the gover- nor. He said he would be glad to have Bill- ings explain what he meant. Billings said that_the live stock commissioners were rid ng on passes and charging the traveling ex- ponses to tho state. He asserted that tue veterinarian was incompetont, and charged the commissioners with neglocting the plain provisions of the law for suppressing glan- ders. He therefors thought the gavernor re sponsible for their extravagance and mis. munagement. The governor and members of the committeo catochised Billings as to his quarrel with the commissioners, and showed plainly that his attack on the gov- ernor was petty spite. Billings’ charges were general and not sustained. - Sharp ro8s-quastioning showed him up in an unen- viable light, and’ the members of the com- mittee expressed the fullest confiaence in the governor, The House K LixcoLy, Neb,, Feb. 2i.—[Special Tele- gram to Tue Beg,|-~Lightning will certainly strike some of the employes of the house to- morrow. The Hampton committee will hand in itg report, and it is almost certain that the reduction recommended will be very radical. Some members favor cutting the whole num- ber down to forty, and this is considered by many to be too extreme a step. It is under- stood that the full force of the recommenda- tion will fall on tho engrossing rooms, though no department will be spared. It is whispared that the farmers at a recent meet- ing decided to stand by the report. Hamp- ton, tho chairman, is an influential farmer and will likely have tho solid support of that cluss in his effort to reduce the running ex- penses of the legislature. The Paulsen Bill Lixcory, Neb., Feb. 27. —[Special to T Begk.|—Following is the text of Senator Paulsen's last bill: “That all deeds, mortgages, or other in- struments in writing, for the conveyanoe of, or affecting the title to, lands tithin this state, which have heretofore been made and executed, and which have been duly recorded in the proper counties ten years before the passage of this act, such title not having been questioned, bat which have not becn at- tested by subscribing witness, or the officer taking the ackunowledgement has not tixed his seal to such acknowledgment, the same and the record thereof shall be as good and valid m law and equity s if said instrument had been attested by subscribing witness and the seal of the proper officer had been at- tached thereto.” —— The Supreme Court Amendment. Lixcory, Neb., Feb. 27.—|Special to Tur Bee. | —The proposed constitutional amend- ment for five supreme court judges provides for the etection of three judges at the first general clection in 1891, one for one year, one for three and the other for five. "The two holdover judges are to serve out their terms. Thereafter one judge is to be elected each year, and the term of ofice will be five years. The feeling is prevalent in the logislature that the court should be enlarged, and the proposal will undoubtedly be adopted. Lixcol -|Svecial to Tire Bgi.|—The senate devoted a half hour ‘this morning to receiving several committoe re- ports and reading two or three house bills a first time, and then adjourned til] 2 o'clock, in order to let the committees: work up more raw material. Several railroad bills, al- though reported adversely, were put on gen- oral file for consideration. AFTERNOON SESSION. “The senate at once went into_committee of {he wholo to discuss the Itaymond banking ill. The committee’s amendment exempting savings banks from the clause regulating capital stock according to population was ob- jected to and passed over. The point was rased that commercial banks would evado the law by cstablishing a savings depart- ment, Several minor amendments were made in addition to those noted in iz Brr's review of the bill published a few days ago. Tho bill provides for state inspection and public state- ments, and fixes severe penalties for receiv- ing doposits when invoivent and for mislead- ing representations to the inspector. After spending the afternoon on a_great number of small amendments, the bill was sent back to the banking committee to bo put together and returaed in an understand- able condition. The senate then adjourncd. House. Lixcory, Neb., Feb. 27.—[Special to Tie Br.]—The house took up the bills on third reading that reluto to county and township organization. Ninc bills of this character were passed. They all aro intended to sim- plify the local administration of affairs in local government. The changes made affect countivs only under the county and town- ship organization laws. The most important changes are as follows . To proyide for the election of one-half of the members of the board of suporvisors cach year instead of all of them at once, and to provide for the disbursement of the funds belonging to school districts and townships direct from the twnship treasuey under tho These funds are all turnod over to the county treasurer, who takes out his 3 per cent courmission, By the passage of these bills this amount will now be saved to the respective town- ships. Theso measures were all passed by a large majority. Senato tile 20, a bill extending the time of puyment on schoo! lands, was extended to January 1, 1900, Catdivell said the money was well investe in these lands; that the amounts duc are a first mortgage and the time is usked by a large number of owners. “The bill was killed by a vote of 74 to 19. AFTERNNON SESSION. Tha house continued the work of disposing of biil ird reuding. House roll 134, a bill_compelling adjacent. owners to pay onc-half of the valueof a luwful tine fetice, was passed. "Dho opluion of the supreme court afirming the eanstitutionality of senate flle 31, the dual submission bill, was announced and on motion of Christy, of Cluy, the reading of thio devision was dlspensed With. Cady moved to take o spedial order of wbill granting a bounty of 2 cduts per pound on ull sugar manufactured in this state, for Tuesday next at 2:50 p. m, Majors moved to go into committee of the whold to consider senato file 3, the Ransom valued policy bill L Bakzer strongly opposed tho motion, and moved to substitute the registration bill, After some further debate the motion car- ried. Spachit mado a strong speech in favor of the' bill, and Towle insisted that the bill should bo passed just as it camo from the senate. 3ftorts were made by White and” Cady to amend the bill, but in yain. Cho amendment by Cady exempted the butidings on which two policies were writ- Whitehead spoke in favor of tue oill.. Ho said the biil wis an exact trauscript “of the Wisconsin law on the same subject. He lived in Wisconsin when that law was en acted and the measurc worked welt ~ He thereht the argument that the law would in- crease the uwnber of incendiary fires very weuk, Dewmpster suggested that from appearances n:n?n vooun lobby had been goftiug in its worlk. Towle ook the floor and doclared that every mmendment wus intended 10 weaken tho . weasurs, *Iho bill is good Epough now, " continued Mg, Towle. ‘Vote down all of these amendments, and let us put the bill through.” ¢ Spoaker Watsan, explained the contracts as they are now ymade under the present law. He could sq9 no_ reason why Mr. Cady's amendment should be adopted Mr. Hall stated,that the edict has gone forth that this bill must be passed just as it camo from the senate, For his part, he was glad this bill was before the housc. It gave the members a jphance to make a record. When a bill reduping railroad charges was up for discussion,the members were very timid, but now they nll seemed to be aunit in favor of this measure aimed at the insurance companies, Therg ;was not a single petition 1n favor of this billyon file in the house. Every time an insuranco company is com pelled to pay mora than t true value of the vroperty its ability to wn\m honest losses was diminished. = Ho said he was aware the bill had been considered in & committee out side of the house and that nothing that could be said on the floor could change that docis ton, Sull, ne belioved the measure of doubt ful utility and had not proved a success wherover tried. Gilehrist quoted & number of statistics proving that the insurance companies were reaping @ rich harvest from premiums on over valuntion. Speaker Watson warmly defended the bill and said it would prevent litigation to a very large extent. Scoville thought the bill of ance, and that the beat inter ple demanded 1ts passage, Burnham thought the legislature, by ing this measure, was putting a pr on arson, and that incendiary fires light up the horizon in every direction, _ Every amendment was voted down,” and, after some time spont in filibustering, the bill was reported back and put_on its par- sage. The 1 vote stood 70 yeas and 7 nays. Thos st the ‘bill were Berlin, Burnham, Coshing, Gardoer, Hall, Rayner aud Whito, Legislative Gogsip. LaNcorLy, Neb., Feb, 27.—[Special to T Ber, |—The governor sent the senate, with his approval, a bill to empower the supreme court to reduce the sentence of a district court in a criminal case when such sentence shall seem to be excessive. Senators Raymoud, Hoover and Wolbach wero appointed a commitice to wait on the governor to ascertain his wishes with rofor- ence to Nebraska's participation in the Paris exposition. Among to-day's visitors woere Will Me- Cague, of Omaha, aud Miss Pauline Gold- smith, of Philadelphia. The senate committee will fayorably report the South Omaha charter as it came from the house. ‘fhe Douglas county delegation has de- cided to support the senate bill directing tho governor to give a deed for the Omaha high school grounds to_the city. Huugate was the only one who dissented. Of the twenty-seven votes that wera cast for the Gilbert usury bill, declaring all con- tracts for usurious interest vord and forfeit- ing the principal of all such notos, twenty- five came from farmers. Johnson of Phelp: who is un editor, and Dr. Kieper of Picrce were tho others. ' When the roll was called on this bill several members skipped out in the clouk room and a fow sat silently in the seats and dodged the vote. Hon. Christian Specht, of Omaha, received a fine bouquet from some admiring friends, and not being in the tall wher. it arrived, the beautiful testimonidl was appropriated by Fieldgrove, who Had'fairly opened the box and began to innale'the sweet odor when he was intercepted by the real owner. At several adventures of a thrilling nature the bouquef finady landed on the desk of the member from Douglad, but the box was en- tirely demolished. ' Feldgrove intended to divide the flowers with Dick Berlin. vital ts of import- the veo- pass- mium would Advise to Mothers. Mrs. Winslow's Soothing Syrup should al. ways be used for children tecthing. It soothes the child, softens the igums, allays all_paia, cures wind colic, aad is the' best remedy for disrrhaa, 25 centsia bottle e SMALLPOHX § A Rigid Quarantin: Against Mary- ville, Kani'and Vicinity, St. Josern, Feb. 27.—|Special Telezram to Tne Bee.]—The peopleot Atchison, Holt and Nodaway counties are greatly awrmed for fear the smallpox, now an epidemic in Mary- ville in a light form, shall spread. As a re- suit, a rigid quarantine has boen established nst all points in the vicinity of Maryville and against St. Joseph and Kansas City as well. Last night Deputy Internal Revenue Collector J. W. Walker returned from a trip to the wupper counties and said that he had _ been met by aquarantine committee with shot guns at several points. At Bigelow he was warned not to get off the train, The warning was repeated at Mound City. Ho says tho peo ple are almost panic_stricken and are pre- pared to resort to desperate measures. There are cases of s Ipox near Skidmore and others near Mound City, all from cxposure at Maryville, and there is great fear that this case will spread. Irom another authority it is learned that the farmers of the upper country are arming themselves and congregating i squads on the prineipal roads leading into town and warning all strangers to keep away. The railroad towns are provided with double guards, one to visit all trains and prevent people from stopping. There is smallpox in Maryville, in ICansas west of St. Joseph and in Kunsas City. Mr. Waiker was asked why the upper countics had quarantined against St. Joseph. ‘It is not’ said the city wmarshal of Bigelow to Mr, Walker, whom he met at the train, “that we tninl there is smallpox at St. Joseph, but because we do not care to tale the chances. Thereis smallpox in Kansas City, and the trains from that point came through St. Josoh. We have quarantined against all points south of Maryville.”” The result of the agitation is that business is al- most at a standstill, The quarantining, Mr. Walker thinks, will be raised in a day orvwo, as the excitement will probably die out for want of fuel. Fine piano tuning at A, Hospe's. LOOKS LIKE MURDER, Suspicious Death of a Santa Fe Scc- tion Boss. KAxsA8 Crry, Feb. 27.—[Special Telegram to Tre Bee.|—The coroner’s inquest was held at Independence 10-day on the budy of Barney Morcland, who was found dead on the Santa Fe track near Courtney, in this county, on Monday. The jury returned a sealed verdict, but it has leaked out that it is a case of murder. Moreland was a section boss on the Santa Feapd was drinking on Monday with o disgharged section hand named McGuiness. g was kuown to have had 230 d4n ls_¢lothes, and when found had only #100., McGuiness has not been seen since Tuesday morning, and is supposed to have killed Moreiand and alter robbing him of the 3150, laid the body on the track. It was rum over by the Santa Fo eastbound train and horribly’ mangled, but when picked up by the- trainmen the ' body was stone cold, whish/fact aroused tho sus- vicion, and the supspquent invesWgation which points to maurdos, ——t Tho soft glow of ¥he ten rose is ac- quired by ludies \\"h(fuic Pozzoni’s Com- plexion powder. -gyly it. ea el A The Michigus #rohibitionists, LAN8ING, Mich., ¥, 87, —The prohibition stute convention fbr the nomination of a justico of the supreme court und regents of the university, met here to-day. The senti- ment of the delegates is clearly against local option, and the resolutions declare unuiter ablo opposition to_any law which legalizes trafiic in intoxicating beverages in any por- tion of the stateor nation, by whatever nawme such law way bo knowu. The Land Grant Forfeltures, WasuixaroN, Feb, 27.-There was no moeting to-day of the conferces on tho land forfeitare bill. Notwithstanding tho excel- lent prospects last week on agreoment, all hope of reaching one hus now been given up by its friends. —~—— Ahe Death Record, ticumoxn, Va, Feb. 27 —Ex-United States Senator Jobn W. Juhnstoa died hera to-day. LOOKS BADFORMRS. ALDRICH, Prof. Halnes Swears to the Finding of Strychnine. HE PRODUCES IT IN COURT. A Servant Girl Gives Somo Damaging Evidenoe—Suspicions Abscnce of a Township Treasurer— Other Nebraska Ltems, The Aldrich Poisoning Case. Histixos Neb., Feb, 97.—[Spacial Tele- gram to Tie Be he caso of Mrs, Aldrich, chargod with poisoning her hus baud, is exciting much interest. Henry Neimeyer, a hired hand on the Aldrich farm, 18 held s e The preliminas amimation was conducted before Jud, g to-day. Twenty-one witnesses for tho prosecution were examined and adjournment takon till toumorrow afternoon. Prof. Haines, of Chicago, on tho stand exhibited nincty-8ix one-hundredths of a grain of strychnine which ho swore was faken from the stomnch of the late Mr. Aldrich. Con- siderable oxcitement was caused when testimony was introduced to-day to prove im- proper intimacy between Dr. Naultons, jr., of Hastings, and the defendant, bofore tho death of her husband. Klizabsth Nan, a servant girl, gave aamaging evidenca on this point. Sho related domestic troubles which curred on the doctor’s account, and —testi fied to Mrs. Aldrich, referring to her hus band, saying: “The cuss is havdly worth poisoning.”’ C. H, Tanner, attorney for tho defeuso created a dramatic scene in the cross- examination of the witness, and the court session closed forthe day in'the midst of the scnsation, ossory Milford's Big lee Industry. Mivrorn, Neb., Feb. 37.—[Spocial to Tre Bre|—The fourth mammoth ico house is now being erected just cast of Shogo island, near this place. Last summer Mossrs. P, H. Cooperr and T. A. Carothers, the big ice men of Lincoln, securcd a lease of the ice right on tne pond above the mill dam for twelve years, and as soon as the ico was ten inches thick they commenced cutting. A special train_carried from twenty to thirty c: to Lincoln overy day for throe wecks, Having fiiled their houses at the capital city ana_supplied the shippmg demand, they commenced the construction of ice-louses here. They filled three us fast as they were built, and are now at work upon the fourth, size 100x100 feet. ‘Phree combined make an ice-house 1005300 feet in size, and the other is about 100 feet square. About forty men have been at work since the cutting com- Wood Bros..of Kansas City, also became intercsted here, and abont one*half the ice will be shipped to Missouri. -— A Hard Case. Daxora City, Neb., Feb. 27, —[Special to Tue Bee.|—Sheriff Brasfield lodged s wooden-legged man in jail here last night, charged with petty larceny. Since his con- finement it has been rumored about that th peg-log is an all-around hard case. A trav- cling man_who saw him_ as ho was being taken out of the Covington jail and brought 1o this place, declares that he lost his log whilo attempting t rob a bank down in Missouri some years ago. He was shot at the time, tiree buckshot entering his I which nec:ssitat>d amputation. *Spik Howard is tne cognomen under which he has been saiting while in Covington, where he robbed the Ferry house Monday night, of a few old clothes. Tt is claimed that he' is wanted in several loealitics for more serious offenses. Breach of Promise and Libel Suits. Dagota City, Neb., Feb., 27.—[Special to nE B ] —The breach of promise suit com- menced again: T. L. Griffey by Miss McConahey has created more business for the legal lights of this section than any one event known to the history of Dalkota county, The long taliced of eviminal libsl suit of Attorney Thomas J. King against the Argus was filed before Justice Jay last night, and it is understood that Kin will follow it up with a $10,000 civil suit for damages, which which will be filed within a few hours. Itis also almost caually cortain that Miss McConahey will institute libel procoedings against tho same paper, and it now looks us though Judge Wilbur, owner of the Argus, will_have plenty of business to occupy his mind for some time, A New Court House. "meMONT, Neb., Feb, 27.—[Special to T Bes. | —The supervisors of Dodge county are in session here, They have just adopted plans for the new #6),000 court house, to be crected this year. There were cighteen sets of plans in comp-tition, the iucky architect heing George of Superior. The plans provide forave ture 85x125 f dimen of cor- al dome over one ight. The building will nd ono of the hand- best arranged court hundred fed be three stories high somest a8 well us the houses in Nebraska. Columbus [tems. CorumBnus, Neb,, ¥eb. 27.—(Special Tele- gram to Tug Beg.]—Depaty Sheriff D. L. Thompson, of Richardson county, Nebraska, arrived in this city this e y the B. & M. and will take with him on his return the throe men arrested for selling jewelry be- longing to A, J. Wanncr, of Falls City. Dr. J. E. Polley, the oldest man in Platte county, died at his residence in,the south- castern part of the city, at 7:30 p, m. Had e lived a few months longer he would hava been ninety years of ago. He was an old resident of Columbus and. much respocted by all who knew him. Driving Park Subscribers. sk Cimy, Nob, Feb, 27.—[Special to 'Dur 135k, —A moocting of the subscribers tothe Driving Park association was held last night and the organization perfected by clecting M. L. Hayward president, F. M. MeMiflan socretary, and Colonel Wilson treasurer. Five vice presidents and nne directors were also elected. Articles of in- poration were drafted and adopted, which o filed to-day. About £5,000 in new stock has been taken, which, tog with the old, will insure the success of the association. Returned From Canala. pEMONT, Nob., IPeb. 27.—[Speciul to Tis Sherift Mallon returned to-day from Chicago where he went a few days ago with a requisition from Governor Thayer for Robert Clark, the embezzler, who got away with $2,600, belonging to ths Howell Luwmbor company, at North Hena, about a year ago Clark states that since his departure be has spent a great deal of his time in Canada, but some time ago returned to the Unitod States and has since been dodging oficers. - A Buspicious Abs noe. Biawk, Neb., Feb. 27.—[Special to Tng Bee.)—Robert Schafer, a hurdware mer. chant at KKeunard, this county, and town ship treasurer, has been missing for about ten days, and now it is discovered thay about #3,000 of the township funds s _.A|<.| missing. An effort has been made quietly by those interested to find him, but 80 far no o SICK HEAGACH Positively Cured b these Little Pills, They alsorelieve Dis- ress from Dyspeps! Indigestion and ] Hearty Eatiog. 8 nei tect remedy Lor iz ness, Nausea. Drowsi noss, Bad Tasto (n the Mouth,Coated Tongue, Pain in the Side, TO] PID LIVER, &e. They regulate the and prevent Constipation and Piles. smallest and easiest to take. Only one pill dose. 40 insvial. Purely Vegetable, Fi 25 cents. QARTER MEDIOINE 00., Prop'rs, New ¥ trace has beon discovered. He has loft o young wife and, child without means to live upon, - Horse Thieves Captured sonAskA City, Noeb, Fob., 2. —[Special Telegram to Tne B Charles Waggoner and George Peddie, the two men arrested for stealing ex-Senator Van Wyck's horses, wera to-day identified as tho men who com- mitted the highway robberies Monday night They olaim to have socured tho horses by trading, Peddio says, Both men are from Ymaha, having lived thore threo years, "hoy will have a hearing Friday aftornoon — A Hundred-Yard Dash. GraxT, Neb,, Feb, #7.—[Special Telegram to ik 13Er.]—A 100-yard foot race has boen mado between M. M. Makeever, of Osceo and Abe Harper, (colored) of Grand Island to be run at Grant, Saturday, March 0, f¢ $100 asido. Hoth are ten second men and among the test in the state. A good deal of money will change hands on the re sult. Nebraska Musioal Association. Graxt, Nob,, Feb. 27.—[Special Teloganm to Tk Bee. ] ~The Western Nebraska Mu sical association is in session at this place four days this weck under the leadership of Prof. G. L. Potter, of this county, Many of the best singers in'this section are in attend ance. Acquitte moey, Neb,, Feb, [Special to Tie Brg]—ld MoBroom, who stabbed Mr. Wagnor last week, when areaigned pleadod self defense. He was discharged. Wagnor is getting better slowly. Real tate Boom: Lovr Crry, Neb,, Feb. 2i.—[Special to Tue Ber. |- Over §0,000 worth of Loup Cit real estate changed hands one day last week. et WILL STAY Mr. Her N OMAHA, an Kountze Says the Recont Reports Are False. Mr. Herman Kountze returned home yes- terday from Denver. A reporter for Tus Bek saw him at his residence last night, and in reply to inquiries rogarding recent publi- cations, mn some of the city papers, that ho proposed to leave Omaha soon and take up his residence in New York, said: “My atten- tion has been called to what was printed, but there is absolutely no foundation for it. I have no idea where or how su originated. I have never contemplated moy- ing 1o Now York, Once every year the four Kountze brothers meet there, make o setule ment of the past year’'s business and decide ou what course shiail be pursued during the ensuing yeal My younger brother, who Jives in Denver, and [ went on thres weeks ago the annual meeting, We two days when telegram came demanding our immediate presence in Deaver to look after some very FROM THE HAWKEYE STATE, A Oonflding Farmer Flooced of the Bavings of Yoars, THESTATE ORATORICALCONTEST Parsons' College Falls Heir to a Hand« some Estate—The Soldiers' Home Fand—Other fowa Notes, An Unfortunate Investment, Drs Moixes, I, Feb, Spacial ram to Tne Bee.]—A. Joynt, formerly of Grinnell, who has by honest toil during the past two yoars amassed £300, was lod by the representations of a commercial drummer, last Wednoesday to visit Clarion, Ta., to meet a man named Donnison, for the purpose of buying a half interest in a stock of groceries which the latter claimed to own at that place, The opening appeared to be a good one, and tho business was quickly concluded, Joynt paying over 800 1o his future partner, A fow hours afterwards Denuison was ar- restod for forge Tho woods were taken possession of by former creditors, Everys thing else was in his wife's name, and in loss then two days from leaving home the earnngs of yoars were swallowed up and another victim of misplaced confidence was added to the long roll of such unfortunate A ¥colish Woman, Prrua, Ta, Pob, 27.—[Spocial Telogram to T Bee. ] —Monday night. M. P, Dingeman, a barber, got on a tear, and going to his home, in South Pella, bogan abusing his wito, driving hor out of the house, Sho sought refugo with o sister living near. Dingeman followed her and and upon entor- ing the house struck his wife's sister se- vero blow in the face. The marshal being notified, went to the home of Mayor Van Vieet, who issued a warrant for tho arrost of the pagilist with instructions to bring him at once to \I for sentence. Tn a short time the officer appearcd with the victim and the mayor Hned him $10 and costs, the fine 10 be paid by imprisonment. To-day bis wife is out on the street trying to socura his bail Alltot ege. 1eb. 97.—|Spocial Tele- gram to T Bee]--By the death of Jore- miali . Hunt, who was Killed by the cars recently, Parson collogo, at Fairfield, comes into the possession of property valued at £150,000, In 1853 Mr. Hunt, who was an aged farmer living near Donnellson, Lee eounty, made a transfer of a 244 acre farm, three lots in the city of Keokuk, prty-flve shar of stock of the Northern Pacific railroad, and other property to the college, the only condi- Left Drs Moives, Ia, important business, We avent direct there from New York. In conscquencs of this husty departure_the anuual meeting had to be postponed. After the first my brother is coming on, and together wo wiil go again. “Nothinjs has evar been said about making any change in the present arraugement of the management of our busin “The state ment that Augustus proposes to retiro has, to my knowledge, no foundation. Unless h should die or change his prosent plans, there will be no changes. In eithor event 1 cannot tell, of course, what might happen. I expect to remaiu in Omaha.” In addition to his topic, Mr. Kountze predicted that present year will be as prosperous any Owaha has had. T sce no reason, from the indications, why business should not be good. conversation on this the Yankton's Boom. YaxkroN, Dak., Feb, 27.—|Special Tele- | \ to Tir Breg]—Charles Brackebush, who has purchased nearly $1,000,000 worth of Sioux City real estate, vestod over §10,000 i it progerty hevo to-day. He bought forty-four acres two miles from the husiness center, for £8,500, anl will put in al stem of street railways and a motor line to run from tho city to the insanc hospital. J. T, M. Prerce, who proposcs to build a rail- road from Yankton to Norfolk, also has been a large buyer to-aay. Tho Norfolk lino and_tho oxtension of tho Manitoba from Sioux Falls to Yankton are both regarded as certain this scason. The Morrison house has been sold and papers drawn to_Halliday, of Union county, Dalota, for 830,00), who will take charge in from thlirty Lo Sixty days. The Rolcomb Rumor, Cineago, Feb. 27, - [Special Telegram to T Bek. | —-Nothing definite has yet -devel- op-d concerning the rumorod wee of Vice President Holeomb's connection with the Union Pacifie. Aside from the fact that Prosuent Adams and Mr. Holcomb came to words over an appointment, nothing is kuown of the matter in Chiciigo raitroad circles, A aquarrel is snid to havo been started between them the last day of the presidents’ maetiuz, but was smoothed over by good management. Tho dispute is said also to uecount partly for President Adams’ precipitate withdrawal from tho. prosidents’ meoting, e “Those who take Dr. Jones’ Red Clover Tonic never have dyspepsit.costiveness, bad brouth, piles, pimples,ague and ma- laria, poor appetite, lo pivits, head- ache or kidney troubles, Price 50 cents. Goodmun Drug Co. Opposed to the Sunday Rest Bill, WasHiNGToy, Fob. 27.—In the house to- day Representative 1tice, of Minnesoti, pre- sented u memorial of the sceulur sovicty of Minncapolis in opposition to the Sunday rest bill, and proposed a constitutional wmend- | ment empowering congress to compol states | to instruct children in *“the common branches | of knowledge and in virtue and morality, | and in the principles of the christiau re- | iigion.” BESERC Will Represent Dakota Stovx Crry, Dak., Feb, 27, —{Special Tele: ramto Tng Bew--Company B, Sccon sgiment of Dakota Natiouul Guarls, left to- day to represent the big territory at Wash mgton on inauguration day. This will be the only company from Dakotv. Their e penses were paid by the citizens of Palls, They take With ticin vooin pauiphilets, Sioux thousands of ] 1 tion boing that he was to have a life interest in and the management of the proporty, Mr, Hunt was ubout_eighty years of age, had never been married and was almost without relatives. The State Reimbursed. Morxes, Ia., b, 93.—|Special Telegram to Tux Bek|—The state rer has recemtly recoived from the United States government, $7,300.40, the amount due the siate on account of the Towa Idiers' home, under the act, of CONRress ap- *d August 27, 1885, granting $100 a4 yoar y imnate of state homes for votorans, amount was caleulated on 185 members from August 23 to September 50, and 244 from October 1 to December 31, The state r, or 0 much thereof as may be necessary for maintenance, this money is coverc1 iuto the state treasury uise the stat The Oratorical Contest. Ta, teb. 27.—[Special Tele- to Pui Bre--The state annual prize contest in oratory will be held uf Mount Vernon, in Cornell college, to-morrow night. The ropresentatives of the eight dif- ferent colloges that are to take purt arrived this afternoon and were met by the Cornell students at the train with an enthusiastic re- ception. A bunquet was given to-night with toasts by the young collegians, Prof. Freer, of Cornell, was toastmaster. Great interest is felt in the outeome of the contest to-mor- row uizht, a5 the winners will represent Towa at the interstate collegiate contest. gt Weaver Makes a Denial. [Special Tele- Weaver, ir. Des) My Drs Moross, fa., Feb. 2 gram to Tne Bee] —James B. of this eity, who isa membe that represents Litchfield’s interest in tho Des Moines river lands, has returned from Fort Dodge. e says that the report telo- wraphed from there regar evictions by Litchfield is a sheer falschood, made of whole cloth. He denies having 'made any such statements as the Fort Dodge corres- Doudent put 1o his mouth. Not Guilty of Murder. CnrstoN, Ia., Web. 27.—|Special to Tag Bee.|—The jury in the Huston murder trial at Osccola has brought in a verdict of “Nov guilty Thegmost scientificcompound for tha cure of coughs, colds and all throut and lung troubles is Dr. Bigelow's Positive Cure. It is pleasant, prompt and safe, 50 cents and 31, Goodman Drug Co. — - The Oregon Navigation €ale, NEw Youk, Fob. 27.—At a meeting of the Oregon Transcontinentul divectors to-day a committee was appointed to conduct nogotin tions for the sule of the Oregon navigation stocl in tie treasury totne Union Pacitic ang Northern Pacific companics, wio will de] Posit it under the trust proposcd in the urbi- teation contract, which is now in the hunds of the Union Pavitic for reatification. 1f the e is consummated the ‘Transcontinensal couspany will probably go into liquidation, S S Wants a Chiel’ dusticeship. Cieaao, Feb. Rubard A, Harlow, of Holena, Mont., forvierly of this eity is being extonsively endorsed here for appointment under General Harrison as ehgl justice of Montana., Mr. Harlow 18 4 so® of Georgo Harlow, who served with distincticn a8 » of Hlinois. seerctary of sta DR, HORNE'S Elestro-Magnetic Pelts ! The Grandest Triumph of Eloctric Seionce—Sci- f ~— Best Scientific wille Rlectrie —, o Medical Suspeusory, > LL CURE YOU Miatoiniid s of Kling 5 pal b A” Jhialin Biseet: 4 o b i fitu!u.uz T o0ady %F,. i awncile fitt 23 8nreined e idgeperatin orae's Kl Fus,COmII L. Magnotls @ ul, Dura ‘Comforta) ug omtatatianid EET a0 yarpb ok 0 ELEOTKIO BELTS FOI xl’[ EANES. urcial ageney or Robi. Hall, o Aroid trauddy o St entifically Made and Practically Applied. al,.. DISEASE CURED WITHOUT MEDICINES ¥, ipe, Al Bemiey Jmbs, Nery- 3 houmutism, (' 50 Kart 39t WELK, HERVOUS PEOPLI . LAty g o tHelty. GUARL " iasie et dtie Al KLATIL BT o' tha rlne o with dale ol iany allatsn wit wortt: L PTt, bio OBLE, 71 Vold bogus compas Tiglats, Banfora il tations, THCESED FOR ROPTU 00" sured " Hond dinisb for 1 etrated PAmDLC ORMNE, Inventor, 191 Wahash Avenue, I AT A A T VST HIMEBAUGH Hardware a Chicago. & TAYLOR, nd Cutlery, Mechanics’ 1ools, Fine Bronze Builders’ Goolds and Bujtalo Scales. 1405 Douglas St., Omaha.