Omaha Daily Bee Newspaper, January 12, 1890, Page 7

[/ LY Ty DIVINES OF OTHER DAYS. Leadera of ths Hplscopalians When Omaha Was on the Frontier. THE FOUNDATION OF TRINITY. The Bishops and Rectors W Have Labored For the Parish Upto the Present Time —Ere Early Evangelists. hurch history in the \ [ N\ \ ~ Uh pioneer days of any city or country is always fraught with interest The annals of the magic growth and develop ment of Omaha, the ministers who came to this wild section of country in early days to carry the gospel to the rough frontiers. wnu are deserving of a prominent place. These pioneer preachers were a race of men eminently fitted for the work they had chosen. Muny of them lacked the polish of the seliools, but they possessed that vigorous munly Christianity that braved har aod privation and gloried in the strugs against the encroachments of Satan g ‘The magnificent church structures of Omaha today were built upon the founda. tions of ther efforts and spleadid monu- nients to their devotion and consecrated en- ergy. ‘Ihe sketches of their service naturally nds the history of the churc ‘I he organization of I'rinity parish may be said 1o date from the earliest scttlement of this country by whito people, following shortly upon the extinguishment of the In- dian title and tho organization of the terri- of Nebraska. ¢ inday did not cross the until the when the Rev. Revben Gaylord, & congregational mimster from lowa came over with him, It was in May 1850 that the missionary re- ferred 1o organized the First Congregational church with nine memvers. In th ummer of the same year Bishop JKemper of Wiscon- 8in, missionary bishop of the northwest, vis- ited Omuba in company with Bishop Lee of Towns, and thess 1wo held A missionary service i the old 1 capitol building, ou Ninth street, on Sunday, July 13. Bishon Les preached 10 the morning and Bishop Komper in the afternoon. ' congregations attending wero very large, considering pulation, and the result of theso s was the organization of Trinity this germ grew the tree whoso under the icfluence of Bishops ‘Iatbot, Clarkson and Worthington, arc now casting strong shades over a great state. Rtev. Georee W. Watson becume the first roctor, ‘I'he parish had many trials, and it condition at times became desperate, which is shown in o circular in 1854, heing ai appeal for assistance to churchmen in the enst ‘I'lie responses to this circulur worp satis- factory, us the parish ip the summer of the ded in erecting its first ich still stands at the corner of ‘arnam and Ninth streets. 1t was buiit upon lcased ground, which, with the brick for the building, was donated by the Hon. Jesse Lowe, the first mayor of the o Rev, G. W. Wautson had charge of the church until July, 1860. He had also had of the church in Council Bluffs ana held services in each place on alternate Sun- doys. He was succeaded by the Rev. Jotin West. The Rev. O. C. Duke had charge of the parish from June, 180 until Janual 1864, although not regulariy called as rector, but acting for Bishop Talvot in a missil apacity, - In Februayy, 1564 the voted to relieve the bishop of its charge upon the mission fund and to make the parish self-supporting by calling as the first regular rector the IRtev. W, H. VanAntwerp of Oreids, N. Y., who accepted the call and ar- rived in Omaha April 16, 1864, and held his tirst service the following Sunday, April 17, 1864, At the time of the arrival of Mr. Van Antwerp the parish owned no property, and a building was rented for the residence of the rector. In April, 1565, a house and lot Dodge street, between Thirteenth and Fourtgenth, was purchased and became the first rectory, It contained vwo rooms and a shed Vitchen. In 1566 the vectory building was soid and the lots purchased upon which the cathedrai now stands; & small residence upon the eastern portion ' of tne lots hemg mude to answer as o rectory, which it so con- nued unul the buildg of the present athedral necessitated its removal. 'I'he termination of the iease of the grounds upon whica the chapel stood Dbeing near at hand, a movement was com- menied for the erection of a church upon the newly acquired grounds, This building was erected at a cost of about und was occupied in the fall or winter of 1867, Short ter its occupancy Mr. Vaun Antwerp résigned. It wus during this eentlemun’s time that Bishop Clarkson made his first appearance in the parist and diocese, His predocessor, the Rev. Joseph C. Talbot, D.0,, was consecrated bishop of the north™ western missional jurisdiction February 15, 1860, which term then included with Ne braska ull the territories west and north. B3ut only a small portion of Nebrasku and Dulkota reached by steamers upon the Mis- sOUrL Was cusily accessible ther portions of tae jurisdiction could oaly be reached by long avd often perilous stage and wagon journeys ot wany miles over what was known as the “great plaius,” Bishop tal- bot established his residence aut Nobraska City, which was a thriving rival of Omaha, with some points for superiority for trade purposes and with a population equally as luree. Tn 1565 Bishop Talbot resigned t accept the assistant bishopric of Indiana and the Rey, Robert Hurper Clarkson, D.D., of St. James charch, Chicago, was elected to suc coed him aud' was consecrated bishop No- vember 15, 1505, IHe mada bis first visit to Omaba and Ne- braska and preached his first sermon in the ‘Tenth Streot chapel on Advent Sunday, De. | cember 3, 1865, he bishop seemad at once to settle down to the church as his own and the atiraction was matual. He anchored bimself at once in the Learts of the congregation with. a fervor whicn time did not destroy. formal agreement was eptered into with the vestry after Mr. Van Antwerp's resignation in which he constituded the church as his cathedral, and under this arrangement, the bishop had the nominating of a rector, subject to the adop- tion of the vestry, Iu September, 1572, the diocesan council by formal enactment, constituted Trinity church, the cathedral of the diocese, prac- tically upon the terms and conditions con- tained in the agreement with Bishop Clark . 8o, 'he Rev, George C. Betts was nominated rector by the bishop and elected by the vestry, but served only a short time, being succeeded by the Rev. John G. Gasmann who eontinved until 1872, On November 10, 1369, the beautiful now church was destroyod by fire atter un occu- pancy of less than two years, A temporary builaing was at once erected which served the congregation until the completion of the present splendid edifice, Mr. Gusmann resigned fn 1872 and the Rey. Alexander C. Garrvett was nominated and elected in his place. This talented mau was not allowed to remainelong in this field iu whioh he served with wonderful success. In 1574 he was elocted missionary bishop of novthern Texas and was cousecrated in the temporary catbedral December 20, 1574, ‘The Rev. John D. Easter was next elected, but served only about one year, The Rev. K. R. Millspaugh was elected after him and duly installed dean of the cathedral with impressive services on Octo- ber b, 1870, He served until February, 1556, by far the longest period of any rector in the }mrllh and his work and services are still elt and appreciated by the congregation. ‘The death of Bishop Clarkson occurred in March, 1885, and his funeral services were the wost impressive ever seen in Omal He was buried in the ground of his belov catbedral and bis tomb s imwediately out- side of the wall of the south trausept. Rey. George Worthington, D. D., of St, Jobu's church, Detroit, Mioh., was next ¢icoted bishop and waes duly cousecrated. The Rev. C. H, Garduer of " Utica, ~. Wwas nominated and clected dean 0 succeed THE OMAHA DAILY BEE: Mr, Millspaneh and entered upon his duties in November, 1486, In 1836 the presens handsome deanery was erected at a cost of abvut #10,000 and with the cathedral and grounds the property would be rated in value at not less than $150,000, Vestrymen Then and Now. 1n 1856, when Trinity parish was organ- ized, the following vestry was chosen : Samuel Moffatt, senior warde: Hamilton, junior warden; Thomas B, Cum- ing, A. T. Salisbury, A. J. Hanscom and James Seeley, vestrymen. Mr. Moffatt, the senior warden, was presi- dent of the Westorn exchange fire and ma- rine insuranco company, the leading bank of that day, the cashier of which was the Hon, A. U. Wyman, late treasurer of the United States and now vice president of the Omaha national bank. Mr. Hamilton, \he junior warden and who subsequently becamo sen- ior warden, is now president of the United States national bank, Mr. ianscom was one of the leading spir. its of the day in all public afiairs, and is still one of our leading eitizens wnd faithful ance to the parish I. B. Coming was the acting gov- ornor of the territory. The present vestry 18 as follows: Henry W. Yates, senior warden; Judge . Wakely, junior warden; Judge George W. Doane, Dr, James H. Peabody. Mr. S. D. Barkalow, Mr. William L. Adams, Mr, B, H. Gould, Mr. Guy C. Barton and Mr. F'red H. Davis, vestrymen. Of the above Mr. Yates und Doane have ed in the vestry since and Judge Wakely almosy, as long. Farewell to their Superintendent. O. Staples of this city, has left for Chicago, whero he will make his future recently elected v of the Calumet Canning company of Cnicago and_now enters upon the duties of hisoftice. While a resident of Lhis ¢ Lie has made many warta friends who will miss i, but all join_in wishing him suc- cess in his new field. Last Friday night the members of the First Baptist church ten dered bin a farewell reception, i the church parlors. About two hundred of the members turned out to pav their respects to him who, for several years, had filled anum- ber of the offices, during the past three yoars, among them being the oftices of clork, trustee, chairman of executive committee, deacon, Sunday school teacher and Sunday school superintendent. Newman Methodist Chureh, Lverybody who wants to learn to sing by uote 18 1nvited to join the Newman M. E. church convention. An excellent leader has been engaged, After a few weeks of drill aud study a grand convention will be given. Sacrament will be adumiinisteraa this morn- ing to church and new communicants. During the week improvements have been made of a mate lnature. A new altar and rall have been put in and other work done. ere will be meetings every evening the week, the following members leading: Mon- day, L. O. Jones; Tucsdny M. Haskel! Wednesday, M. Gillen; Thursday, Robort Wilson, jr., Friday, P, Whiting; Saturday, I'. Jhenkins. ‘Phe meetings are of great in- terest ‘The different leaders introduce in- teresting varieties of thought, Persons are joining the churcn at every mecting. CHUROH NOTIUES. John Liun from Dayton, In., will preachi at the Swedish M. K. chiireh today and take active part in the revival meetings during the week, Res William B. Cullis of Chicago, who aided Mr. Moody in his meotings in ogland and Scotland, has arrived. He is accom= anied by the noted singer, Mr. Sargent. They will begia revival service in the First Baptist church tomorrow. At the First Presbyterian church the pas- tor, Rev. W, J. Harsha D.D,, will preach both murning ana evening. lu the cvening he will, by request, deliver a special sormon to the young ladies and gentlemen attending the Omuha commercial college who will be present in a body. Trinity _cathedral, Capitol Bighteenth street. ' Very Rov. C. H. Gard- nor, dean, - Holy communion, 8 a. . Morn ing prayer, 1 ; avenne and evening prayer and sermon, 7 n Gardner will preach morniug and evening. ‘The Theosophical society meets today at 4 , room 205, Sheely block. Reading room open We. Saturday evenings with a select iil theosophical and occult books, People's church, Boyd’'s opera house. Preaching by the pastor, Rev. C. W. Savidge at 10:45 a. w., “How God Helped Me Find My Cow,” and at 7:30 p. m, s There a Hell?” Iranklin S, Smith will lead the sing- ing. Sabbath school 3o'clock. ‘Thirteenth and Dodge, John A. Gillespie, superintendent. Society of Christian Kndeavor will meet Monday evening at 7:30. At the Soutbwestern Lutheran church, Twenty-sixth streot, between Poppleton and Woolworth avenues, Rev. Luther M. Kuhns will preach at 11a. m. on A Suffering & viour, The Sinner's Salvation, and at7:30 p. w. on “Bvil Turned Into Geod.” First Baptist church, strangers’ Sabbath home, correr of Filteenth and Davenport streets. Preaching av 10:30 a. m. and m. A. W. Lamar, pastor. Evangelistic vices both morning and evening, condu by Mr. William 13, Callis, sided by Mr. Sar- gent. Sabbath school at 12 m. All are cor- dially invited, eats free. Revival service every pight this week, conducted by Messrs. Cullis and Bryant, At the First United Presbyterian church Rev. W. P, McNary, D, D., of Parkio, Mo., will preach in the morning on *“I'he Ban~ ueting House,” and in the evening on The Beauty of God Imparted to Men," Communion after the morning service. At Kountze Memorial Evangelical Luther- an, corner of Sixteenth and Hurney stacets. I'he morning subject will be *Jesus Twelve Years Old.” Evening subjed ‘What Profit ‘‘Pentecostal Results” and a “Mistake of Moses™ will be the subjects treated in the First M. E. church by Rev. P. 8. Merrill to- morrow. The church is and Dayenport stroets the hours of servic revival etings vightly, except Tuesday. Old fashioned Muul:lnuist invitation and weicome extended 10 all. Rev. L. T. Van Cleave will preach at COynthia Christian church, Walnut Hill, morning and evening, Themes, “Church Existence,” and “How Shall [ Enter the Everlasting Kingdom.” Y. P. 8. C. E. at 6:45 p. m. Prayer meeting at 7:50 p. m, Thursday. All are welcome. Welsh Presbytorian, Snunders strects near Cuming. Preaching at 10 a. m. and 7:30 p, m. by Rey, ‘Lll!hflflf Hughes of California, Ia. Sunday school after morning services, Rev, Willard Scott will preach iu the St, Mary's Avenue Congregational church both morning and eveniug at 10:30 aud 7:30 o'clock. In the morning members will be publicly received, and the pastor will speak on “Looking HBackward at the Weei of Prayer.” In the evening the lecture will be to Christain young people on “Samson Under the Razor: or the Things Which Clip Our Strength.” At the Seward Street M, E. church, Rev. H. A. Crane, pastor, will preach in the worning on **T'he Joy of Salvation,” and in the evening on “Repentance.”” Special re- vival services continued throi All seats free. All people welc Preaching at tha Central United Presby- terian church, on Seventeenth street be- iween Capitol uvenue and Dodge street, morning and evening. At 10:30 4. m., sub- ject, “A Strong Confidence.” At7:50p. m., subject, **Young Converts.” The sacrament of the Lord's supper will be administered at at the close of the morning service. Sabbath school nt 12 m. and youug people’s meeting AL 6:30 p. m. Church of the Good Shepherd, Episcopal, Nineteenth and Lake streets—Rev. J. P. . Lloyd, rector. Holy communion Sunday 8 A m.; services and sermon Sunday 11 8, m and 7330 p. m, ; Sabbath school at 10 a. m., and bible classes for youug men and ladies same hour. All persons are most cordially lnvited to tnese services. Seats free. Rev. N, M. Maun will preach this morning at Unity church, Seventeenth street near Cass. Suvject, *Hades.” This evening at § o'clock Mr., Maun will lecture on “Our Changed Idea of Time.” The gospel services at Castellar Stroet Presbylerian churoh, Sixtcenth and Castel- lar streets, will be contiuued auother week, e It is said that Cavon Farcar will make an- other visit to Uus couatry next spriog at the iavitation of friands, NEBRASKA'S SEAL STOLEN. An Exciting Incident in the State's Political History. THE NOTORIOUS TENNANT CASE. An Almost Forgotten Occasion When the People of Nebraska Antlol- vated Bloodshed—A West- ern Coup d'Etat, The Tenant Case. LINCOLN, Neb., Jan. 10—[Special to TiE Bee.]—*In speaking of early Ne- braska politics," said the Hon, P. Roggen yesterday, *‘you will doubtless find the most exciting incident in the history of the state to be the celebrated Tenant Case, which occupied the atten- tion of the people generally and of the legislature and supremo court particus larly during a portion of the month of February, 1872, Look that up if you want something intercsting in the wa of Nebraska history.” The suggestion was taken and the fol- lowing summrary of the case is pres- ented: Governor David Butler had been im- peached and removed from office, Under the ‘constitution then existing, the otary of state, W. H. James, became acting governor. Isanc Haseall, a senator from Douglas county, had been, at an adjourned session, eletted president of the senate and was therefore next in the line of succession. In the early part of Kebruary, 1872, Acting Governor James left for Wash ington to attend to some business for the state. It d that J. H. Note- ware accompanied him as far as Gales- burg or Bloomington, 1ll., to be sure that he was well on the way to his destination. When Hascsll learned of this fact, he came to Lincoln and ob- tained possession of the great seal from Governor James’ private secretary long enough to get its impress toa paper, which afterwards proved to be an ex- ecutive proclamation convening the legislature in extra session. Mr. Hascall desired the governo private secretary to record this docu- ment in the book of proclamations, which he refused to do, when Haseall concluded that heroic measures were necessary, and undertook the work of recording himself. Just for a joke, some one handed him out a bottle of French copying 1k, which never wouid dry for a couple of days or more unless run through the copying press, and the celebrated proclamation w recorded with this gummy fluid. Of course when the pages were closed, they stuck together the same as if so much mol- asses had been spread over the book, and it was gome years before they could be opened. Now they resemblo a war map of Ilurope. more than the record of an executive proclamation. This proclamation was published in the state papers and was served on the members and hed the effect of bringing the legislative body together. The following is a copy of the celebrated document: PROCLAMATION FOR CONVENING THE LEGI- LATURE, Tn accordance with the provisions of the coustitution of the state of Neoraska, and by virtue of the authority vested in the gov- ernor to convene the legislature by procla- mation on extraordinary occasions, and as the occasion contemplated by the constitu- tion now exists, it being necessary now to have immediate lecislation to encourage and promote immigration, to improve the finances of the state, und for other purposes that more fully appear in the subjects of legisla- tion hereinafter contained, I, Isase S. Has- call, president of the senate and acting gov- ernor of the state ot Nebraska—a vacancy existing in_the office of governor, and the secretary of state bemng absent from the state—do hereby convene the legislature and call upon the members thereof to meet at the capitol, in the city of Lincoln, on Thursday, the fifteenth day of February, A. D., 1572, at 3 o’clock p. m., for the purpose of taking ac- tion upon the following subjects of legisla- tion? 1. Tho encouragment of immigration and the appropriation of money for that parpose. 2. The issuance of $£50,000 in state bouds. the sale and disposition of the same: the funding of the state indebtedness, and the improvement of the finances of the state, 4. 'The investigation of the official stunding of any state officer, and it deemed expedient the impeachment of such officer for any mis- demeauor in office. 5. The common schools of the state and the amendment or repeal of any laws relating thereto, or o tho fands for the support of the same, 6. The amendment of any law relating to cities and towns, 7. The defining of the boundaries of coun- ties in the unorganized territory of this state, and providing for the organization of the same. 8. The appropriauion of any money that may be deemed necessary for the welfare of the state. To provide for the better securing and safe keepiog of state prisoners, 10. To provide for increasing the jurisdic- tion of the probate judges in civil e 3 11. The correction and approval of the journals of the lastv regular scssion of the legislature, In witness whereof 1 have hereunto sct my hand and afixed the great scal of the state of Nebraska, this eighth day of February, A, D, 1872, IsaA0 HascAL Acting Governor of the State of Nebraska. Assoon as Acting Governor James was advised of this proceeding he hast- ened home from Washington, and on his arrival issued a proclamation revok- ing, annulling and rescinding the Has- call proclamation and requesting the members not to meet in pursuance of said call. The revoking proclamation was 1ssued on February 18, just two days prior to the day set for the meeting of the special session. This proclamation had been mainly written out on business cards and scraps of paper on his way home, and the separate items were handed to different clerks to copy on his arrival,so that there was no deluy in getting the document before the peopie. In it he declared Hascall’s action null and void; that no extraordinary occa- sion had arisen; that the state was not threatened with foreign aggressions, depredations nor diveet hostilities; nor had occasions arisen rendering extraor- dinary action necessary to overcome un- expected calamities, ete., ete. He fur- ther declared that his absence from the state was only temporary and was not of that character contemplated by the constitution which pruvitfes for a suc- cession, Notwithstanding the 1ssuance of this revoking proclamation, several mem- bers assembled, When the 15th day of February arrived these proceeded in a body to the state house, where they were met by the assistant secretory of state and others, with revolvers in hand, and were denied admission. The doors were barricaded, but the little guard was overpowered, the doors forced open and both houses were taken possession of by members of the respective bodies. ‘The house had responded with a consti- tutional quorum, but the senate lacked several of having that number, Forty special sergeunts-ut-arms were ap- pointed to bring in the absentees, most of whom were hiding in the city, Ex- citement ran high and bloodshed seemed SUNDAY. JANUARY imminent. Everything was chaos, and the afr was full of sl kinds of rumors. People were ready tb Believe anything, and they had plenty of chances of oxer~ cising their powers in this particular line. Schemes for advancing tho glory and renown of thestate were promul- gated by everyone, dnd wero thicker than tho celebrated railcoad lobby of 1887, Finally Senator Menant was arrestod Dby one of the sergennts-at-arms, named Parker, who brought him before the bar of the senates Senator nunt sued out a writ of habeas corpus from the supreme court, gnd the case came on for hearing. THo court was then composed of the Hon. O. P. Mason, chief justice; Hon. ( o B, Lake and Hon. Lorenzo associate justices. This course was taken mainly to test the legality of the body ling itself the legislature of the state of Nebraska. The town was full of peoplo from all parts of the state, and all breathlessly watched every step of the proceedings and hung tenaciously to ance of the court or the- at- ysengaged in the % At the hearing of the case in the supreme court, Senator Tenant was represented by M. H. Sessions and Judge Wakely, who contended that Hascall had never entered upon the duties of the office of governor and had only attempted to do one exccutive act and that was to issuo this proclamation. Judge Wuakely said, “Hascall glided into the executive oflice with the stealth of an Indian, clandestine affixed the seal to his propared documont, and van- ished like an apparition.” It was con- tended further that aven if the conven- ing proclumation had been legally 1ssued that it could and had been legally revoked. The argoments of Messrs, B, E Brown, Seth Robinson and Isanc Had call, who represented the defendant, have not been preserved. The majority of the court sustained the writ and released Tenant_from custody which, of courso, acted s’ d1s- solution of the legislative body, and there wasageneral all around seramble to maké the one train in order to get home. Those who saw this wildfretreat can never forget it, and to those who did not see it words failtogive any idea of its confusion. Many prominent citizens were in- dicted and bad fesling was engendered that tooh months to eradleate. Finally, however, the passions cooled off and all indictments were withdrawn. In_delivering the opinion of the conrt Justice Cronuse smd: *“Whethor the first proclamation was legally issued, and of any validaty, the court will not at this time stop toinquire. The governor 1s constituted tho solo judge of the necessity for calling the legislature, and he must also be tiie solo judge as to' when such necessity has passed away. The several proclamations aro but the ‘expressions or announcoments of the different conditions of uffairs at those differ- ent times and are binding on the legistature, They may be treated 8 issued by one and the same person. The court is dealing with the office of governor, which is continuous rather than the indivi Justico Lake also delivered an opinion, ng with the conclusions arrived at by e Crounse, and Saying: “Iam clearly of the opinion that the legislature is in legal session and hasno authority to cc pel the attendance of absent members; t all and overy act donet this time as a log- slative body is without the shadow of au- thority and absolutely void, that, ther fore, ‘the relutor should be released from custody. Chief Justice Mason at that time was in the heighth and ‘power of & vigorous manhood. He had a magnificent nead of raven black hair which persistently refused to lie down, but stood out bushy like that of an: Albitio. 'When he was visibly affected, and"had something to say that came from his heart, he rested his chin on his breast, shook hi shu;:ga' mane, and roared out his edicts hike the lion that he was. There is no denying that on this occasion the chief justice was deeply affected by events that were passing into history, or that he spoke from his heart when he vigor- dissented from the opinion of the majority of the court. le began by saying : ‘The iden of judicially declaring a co- ordinate department of the government, an illega) body, und any acts which it may do, , is 50 novel and startliog as 1o arrest attention and demand a careful examination. The suggestion that the ry can declare the legisiature illegally assembled, and o body without authority rests unou the assumed right of this depar ment to pass upon the legal existence of a co- ordinate branch of the government, and if true 18 dangerous to civil liberty. If this can be done, and the judiciul power of the state declare the legislative department ille- eal and proceed to destroy and annililate it, the next day upon some pretext the executive department may be made to share the same fate, and thus the judicial power will be made 10 sap and undermine the constitution, and destroy the liberties of the people. The three departments of state are not merely equal, they are exclusive in respect to to the duties assigned to each. * * * In the tuse at bar, 1t is sufficient that the legislaturo bad met in response to'a call of a de facto gov- ernor and had organized as the legislature, and was acting as such, and that Tenant, the relator, was a member of the senate, and was adjudged by the senate as guilty of con- tempt. - That senate could alone deal with him for such contempt. To sustain this writ and discharge the appiicant would be adirect attaci upon the imdependence of the legisla- ture, and a usurpation of power subversive of the constitution. * * * The decision of the majority of the court cuts loose from the safe moorings of the law and time-honored custom, and without compass, chart, mast or rudder to guide its course, onters upon a piratical and unwarranted cruise agamst the legislative department of this state,” In speaking of the proclamation 1ssued by Haseall, Chief Justice Mason said : “*What s it that convanes the legislature? It is the proclamation which is vitalized by the potent energies of the iaw the moment it is issued. 1L takes effect at once. It is a law unto the members and they must yield obedience to its authority. 'Ihe executive power cannot revoke lews, whether operat- ing upon all the people, the members of the iegislature or the judiciary.” Acain the chief justice tontinued: **Who ought to bear the loss of time and expenso incurred by thg, members who at- tended this extra sessign! The constitution gave the governor the pawer to convene the legislatuze, He did 80. They obeyed his command, convened dt the capitol, and are now told that they arean iliegal body, with- out existence, and areifeft to pay their own expenses and bear their loss of time. They are denied the commen,right to all animate bemngs—that of their pwo existence—and by a majority of this coupt declured dead—slain by revocation, * * ' "Courts snould yield 16 0o clamor and shrifik' from no responsi- ility. 13 He concluded: ‘‘Phby are a legisla- tive assembly de facto/sud depire, and the relator ought to be remanded to the custody of the sergeant-at-arips of the senate, sub~ ject to the action of lmk body." Excitement ran ligh, not only in this city but in all parts, of the state. A special aunouncing; the decision of a majority of the court was sent to THE BEE, which issued a thumb paper extra as follows: Lax oo Neb., Feb. 22, 1 (Special to Tuk Bek]—Lake and Crounse decided against the legislature. Chief Justice Mason dissenting, declsred in the court that the order of the majority was an assault on the liberties of the people snd a direct and un- warrantable assault upon @ co-ordinate branch of the government. His opinion will be written in full io & few days. The de- cision is regarded among legal wmen as a po- litical trick. Such is the happy condition, however, of the people of an American state, that in a short time the excitement had cooled down and each citizen resumed his regular vocation in life, and, at thi time, ouly eighteen rvenra since, the incident is practically forgotten and may be regarded as a bit of ancient his- tory. 12, 1890.-SIXTEEN SUNNY SIDE OF JUSTICE. | & It Makes Bverybody Laugh Except the Bandaged Delty. FISTICUFFS IN Ludicrous EBplsodes in Which Many of Omaha's Lawyers of Other Days Appeared in the Court Room. Legal Laughtsr, HE bdlindfoldeg goddess who pre sides Omaha's temples of justice very digni bearing, dignified almost to sternness and caleulated, no to share impar tiality in being in- dieative character proceedings in hor domain. If it beltrue,as 1t has often been intimated, that the blindfold frequently female divinity from beholding the crimes that are committed in the name of justice, it is probable that the hood- wink has suved her from having her risibilities stirred by the amusing inci- dents that have occured in her temples. | and The veteran lawyers of Omaha, when in a reminiscent mood, have afund of anecdotes concerning the peculiar and amusing happenings in the courts of ys in this cit; are ludicrous tragic, but all of them ar doubt, with saves the impartial also equally the early the episode especially those touching now prominent, and indulged in anythin anger, sharp pract navrators some filteen years court beuch, andHon. Redick, both of practitioncrs at the Lake was then on the district and Wateley nnd Redick were eng: on opposite sides in the trial of a case | the young attorney’s discomfiture. Both gentlemen, in those | jur) -tempered ble, and had became unduly the case before them, and were ather bitter personali before him. days, were qui ing in ally, Mr. Redick, in his jurys made some: espec usion to Mr. Wukeley, ately sprang to his h manded a retraction. refused to give, and Mr, cided to resort to a fisticuft of what he deemedan i at Mr. Redick and gr collar. Lake fined each of them tempt of court. check for the THE FORUM. over o d the the of | wore »me almost interesting, upon the foi- bles and frailtics of the men who are have es of these t occurred ago between_Judge Wakeley, now on the district wore Judgo bench red | interrupted Judge whom Fin- ddress to the ly_cutting al- Wwho immedi- This Mr. Redicic ley de- resentment sult. He sprang ped him by the | the hotal, Mr. Redick was holding a copy | pros of the Nebras s in and he retaliated by bringing thisdown upon the head of the future patri the district bench. The were separated by a bailif, his hand, weh of elligerents and Judge 5 con- a | thank you, zentlemen of the jury,” he | his | suid, Iach amount Living, and y For the Com has secured the Most Remarkable Freak troduced to the American Public known to fame as the Living Ossified Man, Th PAGES, fine. Mr. Wakeloy comploted first, and then, in _a very patronizing manner said o Mr. Redick: “John, I'll endorse that for you so the judge will accept it if you want me to As Mr. Wakely was a poor man thon, while Mr, Redick was reputed to be rated at a quarter of a million, the humor of tho remark was irresistsble and caused a goneral laugh in which the court joined. All bitterness was forgotten and the belligeront lawyers in the case, both of whom are nowaged and honored,ave the warmest of personal friends e Redick figures in another. good of a later date, 1 which he ex- in very vigorous torms his 1 opin that the judicial institution presided over by o justice of the pence wasnot a court and ‘that a justice was not a judge, but a ‘squire, Young Churles Redick, who inher- ited a good share of his father's tem- a | per as well as briliiancy had thrown a law book at the hoad of Justice Wright before whom he was trying a case and had been sen- tenced to thirty days in the county jail for contompt of court. After he had been in jail a few da, his father, J. 1. Redick, commencod “habeas corpus pro- coedings before Judge Savage. Mr. Redick held that a mere ‘squire could not commit o man to jail for contempt. He made a'seathing speech, and wound up by thy statement: I have been con- tempted in the county court, in the dis- trict court, in the United States court, and in the supreme court, and I don't propose to have such a record chimaxed by being contompted b, -— ordinary Psquire His motion was granted uni his son released. County Judge Shields tells a good one on Attorney Edward Simeral. It hap- pened fourteen years ago, when Shiclds Simeral were new in tho legal field. Simeral wus very bashiul in those days—but he hasn't boen for a long tine now- vs exhibited a great deal of hesitancy in addressing a court or jurv. Simeral and Shields attor for the defend- ant in a before Judg Weise in wh eral Mande son appeared for the plaintiff. Judge Weiss had a habit in the trial of a case, laiming “Dot’s conceded” when- a bearing a non-contested point was me that would indicate that they had never so undignified as or le One of the favorite stol s the trouble th tioned by an attorney. When the evi- dence in this case was in General Man- derson made a very brilliant and eloquent address to the jur Mr. Simeral was greatly embarrassed when he arose to reply. vit plense your honor,” he began, “I will not tempt, L am not able to make as elo- quent a speech us General Manderson, “Dot’s conceded, Mr. Simeral, goon,” Weiss, completing The returned a “verdiet against Mp Simeral’s client who until in ; to-day, that 1t was Jud speech - | and not General Manderson’s that de- cided the inst him. Many cases are told of General Strick- land, one of the best known of the old Omaha lawyers. He wasa fighter and had no meve One time, he defending o man who had been arvested for beating his board bill at the Grand Central hotel. Mr. George Thrall, the proprictor oi conducted hi own ‘ution, He s foarfully excoriated by Gener dand during the trial of the cus y returned a verdict for the defendant and General Strickland thanked them, capping his abuse of M highly witty and sarcastic clima Sl The prosccution madoa strong { it devolved upon him, in the for an opponent in u case. | Thrall with a | effort. It Mr. Thrall had bogun life as alawyer ho would have been much mora successful than hs has s land- lord. he only difficulty with him in this case was that ho had ad n fool for a client,” Judge C. A. Baldwin is one of the veteran members of the bar who has has had his shave in the amusing 1uci~ dents in the various courts of the city. He has a record of having won at least twvo cases by a little indulgence in sharp practice, One of his clients, a fow years ago was n woman who was charged in the United States court with having sold liquor without a license. She was arraigned before Judge Dundy and, at Mr. Baldwin's suggestion, pleaded guilty. The judge told her to avpear for sentence 2 o'clock. When the court convened in the afternoon the woman occupied a front seat, and with her, three on each sido, wore six of tho most wretched looking, half starved, dirty and ragged children that were over seen in - one group outside an or- phan’s home. Judge Dundy's heart was touched. ““I can not send you to prison,” he said to the woman, ‘‘nor can I tine you the full amount allowed by tho law, for 1 see that by so doing, however guilty you may bo, I would bo taking the bread from the mouths of these children, who look as ‘if they needed The judge asscssed a fine of 8§25, tho lowest allowed by the w, and the woman puid i and was out of tho court room before onoof the attend- ants, who had discovered the ruse, could explain to Judge Dundy that the children did not belong to the defend- ant, that she was in fact an old maid, They had answered overy purpose lowever, having clicited the judge's merey and kept a woman out of jail. At another time, one of Judge Bald- win’s clients profited by a piece of his attorney's shrewdness practiced upon Judge Neville, then United States di trict attorney. Judge Dundy had fro- quently complained of Mr, Neville for his not having his cases ready for triat. At the beginoning of one term, Mr, Ne- ville boasted o Mr. Baldwin that he was all reaay for court and showed him th packages of indictments, ono bunch to be tried. one continued and a third to be dismissod. Judge Baldwin was defending a mun charged with selling tobacco without license and a ance at the pack- ages showed his caso wmong thuse called for trial. A little legerdemain was pi ced and, when Judge Bald- win’s client was called the indictment against him was found in the district ’s vnckage marked for dismissal so disposed of. Mr. Nevill discovered the mistake in the after noon and tried o have the case rein- stated, but Judge Baldwin oxpressed great regret that his client, supposin the mattor finally disposed of, had gono - to Chicago on the noon train., The dis- missal order stood. An adjournment story will proper close fop such skotches. o joke ison Louf8 Grebe, the of the criminat court. Soon after Louis ssumed his position several yeurs ngo absenco of the sheriff, to adjourn court ono fternoon. He didit like this: “Hear yez! Hear yes! The honorable distriet court in and for Douglus county is uow adjourngd sine die until tomorrow mormug at 94 o'cloek.” - @ CHICAGD ThAL form ANOTHE On the Chicago & Northwestorn The Chicago & Northwestern hns added another fast Lo train o ity already extensiv train servi Making in all four daily traius betwe Owmaha and Chicago. R. R. Ritchis The Eden. Musee 11TET AND FARINADM. A WONDERFUL SIGHT THE BIG CARD PRESIDENT LAWLER HAS SECURED. the popular family resort will for the week of Monday, Jan, 1; PRESENT THE GREATEST BILL eversseen in amusement, any THE OSSIFIED MAN, t Dead. ng Weelk at the E This is Jonathan Strange Creature has been Living, and yet Dead. lle is fectly able to talk intellizgently upon any subject, and has pronounced by medical authorities the Most Remarkable Cre- ture of their expericnce. claims to enjo Stand Up, Truly, Ba not on Larth, Musee for One Week, to all that see him Surgery says: * verted into Solia Bone, and that he is in whatever; being, as it were, a Prison in Frame, is in truth the existing conditions. He life thoroughly. He can et he cannot See, nor ean he Run or Walk or is Nature's Most Mysterious WY Bass 18 a Peculiar Person, Talk and Fat This Remarkable Man will be au the He will Prove the Sensation of the Of bhim the International Journal place of You must sec Him to appreciate Him. en-Musee President Lawler hich has ever been Bass, ty years this per- heen He und sit UP. w, and His Like Eden- Day of is 'he Sonsational Advertisements which imply that all ofe Bass’ Muscles, Tendens and Joints have been con- able of any his_ Own Romarkable Freak of the Age,” X In addition to this all of the Seven Mammoth Departments will Present Good Attractions. vani Ao REE® DIME will Admit to All. Curio Parlor—Nature’s Greatest Paradox, the Living Ossified Man, Jonathan Bass, Can't Walk, Cauw't Run, Can't 8it Up, Can’t Move, Can’t See, but Can Talk, Can Sensation Week—Nature’s Most Mysterious Whim. yet, Alive and Able and Willing to Talk to You on any Subject, School Children’ Matinee, Saturday, Jun. 18. Go And See This Wonder—While we Provide the Most Mar sent the Choice of the Vaudeville Profession in the TWO S| Bijou Theater—Ben Burns, Banjoistic Comedian, in a Budget of New Songs. Morton & Slater’s Comedy Act Entitled, **Simplicity. Legmanistic Comedian. Clever Carroll and His Family of Wooden-Headed Comidians, Del—T'uegos—Alice, “Scraps.” ator, troducing, “'Irish Elevation.” ONE LITTLE DIME, - - ADMITS TO ALL - Free Seats for the Children, lous Attrac The G Chairs 5 and 10 Cents, Ben Burns, the Popular Banjoisti " Songs, Dances and Funny John Traynor, Pedestol Clog Dances—Dances Clogs on Marble Pedestels 14 inches square, Gilmore & Morton, the California Celebrities, In« test Show Ever Offered_the Publie for otion Ossified is the Most TENWNIE CARROLIL, the Famous Male Impersonator. Slater, Comedy Acts, Fred Barth, L Comedian, Morton & egmanistic Comedian, John Traynor, Clogs, and two com- in two theaters, will be other Features. In spite of the Additional Attractions ONE and Up, Can Bat; Claims to Enjoy Life. His Like is not on Barth* A Déna Man for 30 Years, und Musee Open Daily, 1 to 10 P. M. ions for Curio Parlor, we still Pre- IPARATE STAGE SHOWS, Jennie Carroll, Male Lmpersons situations. Fred Barth, e e 10c