Omaha Daily Bee Newspaper, January 9, 1891, Page 1

- THE OMAHA DaiLy BEE E—— Y TWENTIETH YEAR. X RIOTOUS SESSION, Beandalous Struggle for Supremasy in the Joint Convention, THE SUPREME COURT INTERFERES. Bpeaker Elder Ordered t> Open and Publish the Election Returns, DISGRACEFUL SCENES AT THE CAPITOL. A Hand-w-Hand Conflict Between the Bheriff's Force and Sergeant-at-Arms, MILITIA BOYS PATROL THE BUILDING, The Canvass Finally Completed —Reve olutionary RResolutions Adopted —Boyd Takes the Oath of Oftic Laxcovny, Neb. to Tue Brr, | 1ce the day was a border ruflian ter: has caused so Tan. 8.—[Special Telegram legislature and turbu- the past only fn- recall itory no much excitement lence as has been witnessed within forty hours at the capitol. The cident the oldest settle can that would hold a candle to it occurred at the old territorial capital nearly thirty-five years ago, when Bill Chapin, as speaker. held the members of the house at bay with while ren- dering an on a point of order. Ihave been present at ten regu ‘uwinufl of the Nobraska legislature, and goveral frregular ones, ncluding the stormy Hascall of the for one the logisiaturo had to swear in B0 sergeants-at-arms to keep its members cocked pistol opinion session whon was goveruor state we and from running at large or being spirited a but I must say the scenes that I witnessed today cap the climax. For the first time in the history of Nebraska troops were called out to protect the officers of a legislature against its own turbulen members, For the first time in our own his- tory has alegislature barred the gallery of the house and held its doors closed during a IRt ] wention to canvass the 1 hope for the last time s o conflict at arms taken at the en- trance of the house botween @ sherifl's posse ~—fnd <o returns, plac sorgeants-a The incident but decidedly sencational. Al de partments of the state government took an active hand. The executive depart ment, through Governor Thayer, with bear. less militia boys, waiting for the signal to ad- vance frowm their exposed position on the cap- itol grounds and disperse the howling mob of free American people,who had come to witness the inauguration of the goveraor, but found themsclves barred out of s the darlk cor lative arms, was not only dramatic ght and hearing in idors leading 1o the caged logis- Then came the over- wh lmed and helpless city police, who had vainly tried to coax the out of the packed hallways into the breezy air of the capitol grounds, Finally the charge of Bheriff McClay, with a well assorted and ponderous body of deputics, storming the citndel which had bid defiance to the su- sma court, and landing almost vreathlessly ou their heads iu front of the speaker's desk, I never will be able to reach a conclusion as to which was most scated, the deputy sheriffs or the deputy sergeants-at-arms, After tho melee most of them looked as much surprised as if a powder magazine had exploded and blown them over tho ramparts into the enemy's camp. When Speaker Elder had glanced over the manda- mus of the supreme court, which the sherift had handed him in such an abrupt manner, hie looked sadly perplexed, but the general, who appeared W _tcene, relieved him from the di- lemma by timely and commendable advice, which, 1f followed to the letter, would have redeemed the body from any odium that might attach to it by its depart- ure from constitutional methods. But the prohibition lawyers, who had been con- stantly concocting revolutionary schemes, put in their aguin and pornicious dnfluence made itsclf in the final proceedings. It is impossible at this time to fix the full sibility for the determined resistanco made by the independents to follow estab- lished precedents and the plain letter of the constitution and laws regulating the canvass. As abody the iudependents impressed mo very favorably. They areas sturdy and as tutelligent a setof farmers as ever I have seen, and th menagerie, crowd attorney upon tho oar their wanifest Tespo) se I have metare very rational and exhibit no disposition to encourage snarchy. The trouble with them is simply that they have been told by parties in whom they have confidence that like the king, a legislature can do no wrong. They have set their hearts on scating Powers and geveral of their canaldates, and they do not appear to comprebend that there is anything o their way to summarily count them in by throwing out votes enough to give thom a majority. Who, then, is the moving spirit that advises sedition and revolutionary methoas! Jay Burrows has given me per- sonal assurance that he has abdicated the dictatorsuip and left the legislature to run it self by its own steering committee, Several of the independent members who are acting file leaders on the floor express an anxiety to dispel the impression that they “propose to carry things with a high hand and over-ride all opposition by mere force of majority. 1 cannot form any other conclusion than that ™ tlese men have been badly advised by out- {fiders, who have schemes of their own to fur In of what day these wprofessions must be taken “for what they are worth. Just now the in- depeudents wre on probation I feel we can al- her. view has happened to- ford to wait and see what fruit the tree will bring forth, E. ROsEWATER CROWDS ON HAND EARLY. The Day Opens at the Capitol with a Ihrong Present. Before 9 o'clock this morning the corridors of the state house were thronged with a surg- ing crowd anxious to get the house of reprosentatives o v great strug between the independents on one hand and the republicans and d the other. By 10 o'clock the state house was jammed to suffocation and yot the doors into the great r remained locked, Meanwhile the got wind of the latest developments contest and intense excitement pre- Those who had ths password were admitted through the chief cler At 9 oclock the cloak room was thrown open to the membors, However, every person not entitled to admission by the rules of the house was vigorously excluded and many an old-time lobbyist uous for his abse Many supposed that the programme was to exclude Lieutenant G or Meiklejohn from the hall and Mexic the legislature, but at 6 o’clock the licutenant govornor was on hand and ready for the fr The members all filed in and took their seats quictly and were s0ou busy reading the roports of yesterday's scrimmage in Tie Bre, The corridors leading to the hall of the house soon became denscly packed, but the speaker had given orders that the galleries should remain closed and the angry crowd had to content itself with waiting on the outside and catching such meagre in- formation as was doled cut by the employ o relieve thomselves from time to time they sent upa wild checr. FOR MEIKL into Crats o erowd 's room, as couspie- ARREST. Speaker Elder Issucs the Ouder and Has it Sovved. \st night a mandamus was served on the speaker on petition of te Auditor Benton to compel im to canvass the returns, and the result was that the independents resolved to retaliate, Thoy held ot cancus that lusted the greater portion of the night and which resulted in the issuanco of a warrant signed by the spealer for the arrest of Licu- tenant Governor Meiklejohu on the charge of usurping the functions of the gor of tho house, The following is the copy of Spoaker B1- der’s order to arvest Licutenant Governor Meiklejohin : TuE STATE OF NERIRASKA, Lancaster Cou raska to the ser of representatives of said a s The state of N arms of th state—G Whezeas, zon of the State Tetatonn has by miseon- duet and lunguage obstructed the proceodings ofthe Joint convention of the senute wnd house of representatives of sald stute, of which T am the sole constitutional and legal prosiding offiter whils in - session, under section 4, rticie of the consti- tution, and he has threatenod to con thiue sach obstructions, and will do 50 unless prevented, you are therefore hereby communded und reqaesied, In the nime of the state of Nebraskn, to prevent the said ¢ D, Meikicjohn from entering or beine | the houso when said joint convention Is being lield, during any of the sessions thereof. ot the purpose of executing this order you will call to your assistance the power of the stite Witniss my hand this seventh day ot Jun- ¥ 1801 SO ELDER, peitior Representatives of the Attest ERric JONNsON, Clerk of the House of Representatives, Meiklejohn either got wind of this or antic- ipated it, becauso at 6 o'clock tuis morning heamanaged to get into representativo lall and established himself in the chaiv to wait until the great boly rocon- vened, The independents were dismayed a this state of affaits fora few momeuts and were somewhat unsettiod as to waab course topursuo. Finally the sergeant-at-avms ap- proached the dais andsorved the oMcial paper on the lieutenant governor, THEY MADY A BLUNDER. t the House of ateof Nebraska. A Misunderstanding Prev. dependent Coup d'Etat. The failureof the independents to exccuto a coup d'etat and take control of the joint convention was' entirely owing to a misap- prehension on the part of the doorkeeper, The independents got control of ths conven tion carly in the morning and ovders wer issued to deny access tothe hall to Lieutenant Governor Meiklejohn, but the presiding oficer of thesenate swore in four deputies and marched them through the guards vnop posed. When hearrived at the desk two stalwart assistant sergeant-at-arms dispated his passage. The deputies askedif he de- sired to go up to the speaker’s staud, but the lieutenant governor replied : I dislike to assume the offensive in this contest. Iwill take my position he in the 'sstand, It will do just as well.” And there he remained. Huad it not been for his five stalwart deputies, President Mol john would never have got inside the hall, ¥ outgencraled the independents by the displa of superior force. He arrived at 6 in the morning. An hour later and ho would have been shut out. At that hour the idependents at the capitol were too few in number to re- sist this display of power. Oicious doorkecpers refused to lot tho mes- songers with private messages from the ss correspondents through the lines until spaaker had inspected the dispatenes aker 0. K.'d the dispatches outside MILITIA ORDERED OUT. nts an In- 03 Co ridors Cleared by a Company of National Guards. The crowd constantly increased on the outside nd the greatest oxcitement provailed Meanwhile the legislators wero locking horus in the great contest. Tie independonts refused to recognize Meiklejohn as presiding oficer and the democrats and republicans ignored the vowers of Elder, Finally the threo parties, after a warm confercace, decided to appoint & committeo of four from each part the same to submit to the supreme court as to who should preside at the joint scssiou, Meikle- john or Elder. Al agreed to this. The sunouncement of this propisition to the crowd in the corridors elicitel cheers that fairly made the domo tromble, The ter rible din was contiuued withont any inter- mission or any show of the same. A request was sent to (Governor Thayer by Speaker Elder asking hum to clear the hall. The governor made a conciliatory spocch, asking the crowd to keep quiet, but this only elicited the jeors of the erowd, The governor then ordered them to disperse, The uproar in the corridors again broko out and after coutinuing for several minutes a full company of militia and a cordon of po- lice appeared on the scencand drove the crowd back from the doors of represeatative hall. This excitod the jeers of the crowd sand they bogan singing “Johuny get your gun.’ Tho militia paid no attention, but at the order of Captain Rhodes cleared the corridors atll: BEFORE THE SUPREME COURT. Writ of Mandamus Agrinst Speaker Elder, The democrat members of the conferance comwillee were Garduer and Switeler of The Issu OMAHA., FRIDAY MORNING s Douglas, White of Cass and Sor 1 1n the application befora the suprems court for a mar to compal th of the house to open and publish th returns, The committee were Senators Representatives Cramb pendents, Senators Stevens and Po Representatives McRoynolds and & The independent members >t the confe committee requested the democrats and publicaus to withdraw, and they did so dependents on the committes d among themselves Chaplain Diffebracher of the house as- sumed the vole of poacsmaker and was clos- eted with the independents of the conference committes, General Cowin presented the argument for the mandamus, quoting section 4 of article 5 of the constitution, which says ““The speaker of the house shall immedi- ately alter the organization of the house, and before proceeding to other business, open publish the same in the presence of e house of the legislature.” H. H. Wilson, counsel made aplea against the issue of the manda- mus. The court took a short recess. The suprems court room, in the north wing, was crowded to overflowing when at 11:40 a. m. the judges came in to give their opinion in the case regarding the appli- cation for mandamus to compel Speaker Elder to open aud publish the election ro- turns, The court room being small and an eager crowd pressing for admission, the cor- ridors and entrance were filled with a con- fused mass of humanity. The decision was awaited with breathless silence by thoso fc tunate to be in hearing distanc The opinion was rendered by Chief Justice Cobb. The judges were unan- imous in the opinion that & writ of mandamus be 1ssued communding the speaker of the house to open, canvass and declare the result ot the returns for the dif- ferent stateoflices, Thereasons given for the opinion were similar to those given by Meiklejobin in sustaining his position yester- They further stato that this must be done beforo anything clso, as all legislation passed before that would be null and void aud the judges of the supreme court would treat it as such, The mandamus issued by the supreme urt is as follows: To Hon. M. Elder, speak representatives of the state of Nebraska: Whereas, [t has been duly shown on the petition of The as H. Benton that you, the id 8. M. Elder, speakerof the house of rep- ntatives refuse to open and pubiish tho rns of elections in the hands of you, the suid speaker. being the r 1rns of the ele tion had bvember 1800, in the state of Nebraska, the oficers of the executive ment of the state of Nebrask and other officers, which were sele 1 by and transmitted to the seeretary of stateof s cas by law provided and by said secretary of state de- livered to you, siid respondent; and that you the sald 8. M. Elder, speaker aforesaid, so re- s¢ o open and publish the said retirns in the presence of amajority of each house of the legisluture, after which organization thereof, assembled in the hall of the house of representatives in the eap tol for the purpose of witnessing the opening and publishing of said returns as . required of them by the con- titution of the state and to dischi their duty in that behalf; and thut you so refused insaid assembly or otherwise to open and publish satd returns anuary 7, A. D, 1891, and that you st do} L therefore, willing ti and speedy justic o n the mmand you that you, as speaker aforesadd, dintély and béfore s s shall ed 1o “tru any ouher s, and forthwith proceed to open and pablish the sald returns from ench and every county of suid state, andall thervof, and docfire tho por- 2 t tamus speakor election publican members of tha conference Moore and Wilsor and Oakley; inde- 20 co e Tae then con- for contestants, ot the house of sons shown bylsaid returns to b number of vofes for state office ence of an assen entativ b house of the lexls- hallof the house of pury ¢ 1; and that you m return of the writ of having done as you are commanded; and this you will in no wise omit Witness the Honorable Amasa Cobb, chict Justice o the sapreme court of Nebraska, the Bhday of January, A. D, 151, D. A} CAMPBELL, Chict Clerk. A HAND-TO-HAND ENCOUNTER. Terriflc Struggle Over the Serving of the Mandal To Sheriff McClay, Doputy Sheriff Hoxie aud Uaited States Marshal Hastings was deputed the worls of serving the mandamus onthe speaker. They reached the door of representative hall and demanded admission, The sergeant-at-urms refused to ad- mit them, and slamming the door in their face locked it. The sheriff and his deputics hunted up J. H. Naden, the janitor, and ordered him to unlock the door. The officers, accompanied by Naden, went to the door, the lock was turned, and McClay squeezed in, Some one shouted, sheriff " and then let lo Every legislator jumped to his feot and rushed toward the centeraisle. The indepondents attempted to force the sheriff and his posse back, but the republicans and democrats came to the res- cucand a terrific struggle ensued, McClay mantully fought for a passageway and went forward inch by inch. In the struggle both glass doors were smashed to smithereens, McClay was badly choked and Norden's hand was cut. The militia rushed to the rescue, but coul d Qo but little in the surging crowd. Finally the republican and democratic mem- bers conquered by sheer force of strength and almost carried the sheriff up to the speaker’s desk, The mandamus was then served amid the wildest excitement, “There comes the pandemonium was INDEPENDENTSY LEFT ALONE, Republican and Democratic Members Leave the Hall, Meiklejohn and the speaker now agreed to take a recess until 10a. m. tomorrow, but Church Howe objected and the roll was called in regular order. ator Stevens arose President, this joint convention assemvled for & particular purpose,with no rules for its government,and I vespectfully inquire if it would be in order to propose rules to govern this joiut conven tion.” President Meiklejohn said: “We are about to agree to take @ recass till 8 o'clock and I dislike to go iuto a aiscussion ou parlia- mentary poiuts.” At tnis juncture Church Howe moved to take a recess uatil 3 o'clock, which was voted down by the Independents. “The excitement then broke out a ident Meiklejotn and Speaker Elder both put motions at the same time, each insisting upon his right to do so. Mciklejohn put motion to takea recess till 3 o'clock aud de- clared it carvied, but Elder declared it Lost. The republicans arose from their seats, but the independents remained Senator Stevens' motion to proceed to the adoption of joint rules for the government of the joiut convention was then taken up. Speaker Elder was disposed to obey the man- dumus of the supreme court, but Shrader rushed up and said: **For Gol's sake, stand by us. We have got things all own way now. The others ar and they cau't hurt you the nouse to order and put our motions. The speaker then braced up and directed the clerk to call the roll of the se and sald: M, has in. Pres- ate, ator Keipar of | JA hrader of the The « kept his sest by the speaker to eoaeh him. hteen independent senators all answered to their names on roil call, making a quorum of that body. The roll call showed fifty-five. members of the house pi nounced that a quorum of both houses was prosent and the couvention duly organized The speaker also announeed that A General Le was now preseat and he d sired to consult with bim, LEESE MAK side § A STATEMENT. The Attorney General Gives the In pendents Soma Advice. Senator Stevens then arossand move * attorney general be wvited to give his opinion as to the legality of the proceedings, The motion prevailed. Attorney General Leese spoke as follows: Mr. Speaker, Gentlemen of the Conven- tion—I not been present to know what proceedings you have had this morning, but 1 have scen the writ of mandamus from the supreme court, & cobrdinate branch of the state government, aud, however, much I mignt have differed with the supreme court in assuming jurisdicbon at this time over the speaker of a cowrdinate branch, acting under the manner of this joint conven- tion, I believe it is bettey for us to act according to law. I belve that from the proceeding at this time itwould be better for this legislature to submitto the order of he supreme court until we can get a better remedy. The court has ' stated the law from the constitution that the first duty s to open, publish and @aavass the re- turns; that the speaker is your prosiding ofi- cer—that is what the writ commands him to do. Now there scems to U a conflict. I know of no higher authofity under the constitution than our sfipreme court. Ido not know how tho casd standsat the present time, but however if may be, the court has decided the question and submitted their opinion, and it has gond down into the writ in the haads of the speaker. In tho contest 1 this matter understand the papers bave never been put into the hands of the speaker. The eourt intimated, as [ understand it, that every right would be preserved by the contestants and they only ask that .the procedure take place in mceopdance with the language of the constitution, Tho first duty is to open and publish_the returns and this declaration is to be made'by the speaker, If I could put the constitution upon this, T would subrmit to the suprew.%eourt, but do it under protest. I would maintain my rights and yield under protest, so that you have the right to ~ come before the supreme court agaln -~ and have ar vights protectod. Anything that [ say to throw o1l upon tho troubled wate will willingly do." Senator Stevens interrunted: “Has the supremo courtdecided that the speaker is the presiding offlcer at this time# Leese replied: I understand that it is the judgment of the court that né other officer is recognized and that the speaker of the house is your presiding oficor.”| [Great checrs from the independents.) | Representative Shrader atose and d: “Mr. Spealker.” The speaker replied: “New take it cool. We are going to stay here quite a while and dou’t be in a burry. L Shrader—Inow move the Sloption of the Joint rules proposed by the senator from Lin- coln county. This resolution, providing for joint rules governing the joint convention was adopted. Mr. Shrader—I now move you to take a re- cess unf This carried and the hungry independents rushed out to get a lunch. The joint rules governing the convention adopted by the independents provide that the speaker of the house and not the president of tho senate shall preside over the convention, “This is the ouly change mads in existing rules, ANOTHER HOT SKIRMISH, Warm Times When the Joint Conven- tion Reconvened. At 2:50 p.m. President Melklejohn came in- to the nall and took a position unopposed at the clork's desk. Attoraey Gencral Leese sent in @& note to the effect that he was mistaken ia saying that the supreme court recognized the speaker of the house as the presiding officer of the joint convention. At 2:3) the speaker again called the house to order und ordered @ roll call of the joint convention. The democrats and republicans recognized the authority of the speaker answered to their hames, with the understanding that it was under an arrange- ment made with President Meiklejohn, As the time arrived for fho joint conven- tion to convene, the corridors waere crowded and almost impassible, The state guards wero kept busy keeping the crowds back and the halls clear. The door guards kepu strict watch thatonly the select few entered. A solid mass of men extended from the door of the house to the extreme end of the building. ‘There was general mismanagement at the doors regarding the admission of those desir- ingtogetin. The sergeants-at-avms were all excitoment. No less thau eight or ten at- tempts were made to run the inside doors leading to the house, At3:20 p.m. the lieutenant governor and speaker both acted as presidiug oficers, but thiugs were still running quietly. They sent for the returns from the secretary of state. The independents finally yielded and agreed to count the vote as required by the mandate of the supreme court. Avout 3:45 o'clock Elder -announced his in- tention of reading the returus, It was also decided to open the galleries and lobby for the first time to the awailing muititudes, The minute the doors flaw open the crowd rushed in, madly jostling and pushing cach other, and in less than three minutes overy bit of sitiing and standing room was taken, The secvetary of state. had meanwhile brought the returns to tho speaker again, At 4:30 the radical independents made an effort to take a recess % 6 p. m., but the lieutenant governor promptly de themotion out of order, aud ou appeal re fused to entertain the motion, Some oue called out: “Iiusistupon the appeal being put.” The speaker urose, put the appeal and de- 1 it carried, and it looked as if the bat- as about to be revived. Switzler of Douglas sprang to his feet ine ujz that the mandate myst now be obo; and the count proceeded with, Church Howe got the floor and asked if the legislaturo proposed to defy the wandate of the supreme court, the bighest tribuual ia the state, Jobn C. Watson said that the court had stated i the Wit that no oficer would dare to defy the wrif, and wars members that they were on the verge of anarchy Senator ICuntz (ind.) 6f Hayes coun’y ar se and stated that for one hWe bowed to tuw decision of the bighest court in the issul ent and Specker Elder an- | d the | a4 would favor procecding with tho count without delay, Reprosentative Newborry of Hamilton and | Stevens of Furnas spoke in the samo strain. | Law and order teiumpiicd and the appeal was not pressed. CANVASSIN | ¢ THE VOTE, i The Returns Finally Opened and Pub- nished by the Speaker. The speaker after some delay arose from his seat and took the returns in his hands, A shout then weat up that almost rent the roof, and immediately afterwards the erowd lapsed into breathless silence. Elder slowly unfastened the package, showing that it was law and not love that prompted the action, ard in a somewhat sullen manner began to read the returns, He commenced with Adams being the first alphabetically. an hour to count this one county. It then dawned upon the legislators that it would take several days to count the votes at this rate, and on the completion of the count for that county, Shrader of Logan moved that the joiut session canvass thevote from the tabulated statement taade by the secro- tary of state, This motion prevailed, the count proceeded and for a time the great strain of excitement relaxed, DECLARE county, that It took nearly NOBODY ELECTED, The Independents Refase to Have the 3 Result Announced, As s00n as the result was announced Shra. der (ind.) of Logan arose and moved a reso- lution to the effect that, notwithstanding the opering and publishing of thereturns, no per- son had been duly elected to the office of g ernor or other state oftice, and that the joint convention would refuse to recognize any person as governor, etc., until the contest had been decided according to Luw. Watson moved to adjourn sine die, and the president ruled that the motion to adjourn would take precedence. The speaker cried out, “Stay with her, boys, und during the roll call on the motion to adjourn gave notice of the contest now pending, The motion to adjourn v vote of the independents, Shrader then offered the following : Whereas, The suprene court has scen fit. to issu L mandamus, et th fore be it Kesolved, That the house and senate pro- test against such action and hereby declure that no person has been electea to suld offico and refuse to recognize them as such. Garduer made the point of order that the resolution was not in order, but the point was not sustained by the chair chrader's resolution was then seconded. The motion to adjourn was renewed, and another roll call takea with the same result The republicans and democrats wasted cou- siderable time in explaiuing their votes McKesson reud the resolution in full and said he voted uye because he did not think it was a proper matter to como before this con- vention, and thatthe joint convention was itself usurping the functions of the supreme court. s The motion was lost—59 yeas and 70 nays, White moved to lay the ~ resolution on the table, Shrader said ne would strike out that part reflecting ou the supreme court, to which the republicans objected. President Meiklejohn put the White motion to lay the resolution on tho table, and it was lost by a vote of 59 to 70. Shrader‘amended his resolution by striking out the part censuring the supremo court and demanded the previous question, which, in spite of the filibustering tactics of the demo- crats, was seconded and the main was ordered, The Shrader resolution was then adopted by the following vote: Yeas 70, nays 5 Gale and Lomax, independents, declined to vote. Senator Switzler of Douglas, 1n explainix his vote, said: s resolution is introduced at the instance of attorneys to give oue side a partisan advantage i the contest for gov ernor.”” He argued the case at length and cloquently defended the supreme court, ap- parently talking against time, Point a fter point of order was ralsed by the independents, Scott (ind) of Dawson askea the chair to make the senator sit down. Stevens (ind) of Fillmore asked Scnator Switzler if he proposed to muke an argument on the contest, and was loudly cheered by the ndependents, Senator Stevens of Lincoln county ex- plained his vote by saying that he believed the members of the joint convention were onscientious and desired to abide by the law, but that this resolution represented the honest sentiment of a majority of the mem- bors and should be adopted. He made an eloquent and convineing speech in favor of the position assumed by the independents, and was loudly cheered by that side of tho house. Cramb (rep.) of Jefferson said he thought the resolution should be passed by cach body ratcly and a concurrent resolution, and therefore voted no. Gile (ind.) said he did not think the reso lution should proverly come before the con- vention, and on request was excused from voting. Gardner of Douglas said that the proper officers had declared certain parties duly clected, and it was the duty of the members 10 recoguize them as being elected, and he voted no. Shrader (ind.) of Logan said his vote needed ueither explanation nor apology, and voted aye. The aunouncement of the passage of the resolution was greeted by wild cheers from the independents. Lieutenant Governor Meiklejohn thanked the members for the courtesy shown him, and the joint convention adjourned sine die. Both houses will meet again at 10 a.m. to- morrow to open up the contost cases, Mean- while Governor Thayer refuses to recoguize Boyd, aud the end is not yet. V- lost by a solid question Leese Corrected Himself, Lixcovy, Neb., Jan, 8,—[Special Telegram to Tk Bre.]—Following the address of At torney General Leese to the joint session that gentleman was called into the preseuce of the supreme court, and upon being interrogated by Justice Maxwell s to the references made by him to the joint session as to the mandate ol the court, admitted the statements a3 repocted by Tue Bre, Justice Maxwell in emphatic tones declared the intention of the court to deny the right of interference in the rendering and publishing of their de- isions, aud intimated the advisaviity of tk raction and correction of the misleadiug statements made. It was in pursug tuis advice that Attorney Gene dressed o the joint session a letter correc ing his statement that the supreme court had held that the speaker was the presiding ofticer of the joint session. | the militia who havet | declares “to They Took the Oath. Boyd took the oath as governor notary’s office up town this morning. the ublican et taken the oath The gubernatorial rooms are still occupied | by Governor Thayer, but the are locked and no one is aamitted. A pol | man is on guard at the door. Licutenant Goveruor M in a| All executives-el bave also o lejoln ordercd | all day obeyed theorder and 9l = whether it was in confli. = thority or not Thayer dect Ling the militia and save the le, caused by t to disporse, » soldiers gladly stop to question th suporior au 2, atrolling the halls Govornor that his pur nerely to pre: ure from the dise fn the pose in ¢ serve ord annoyance corridors v Hopes ty Hold Over, Initely known that Governor Ve W quo warranto writ the legislature Tho grounds will bo an alien L. Webstor and Richard Norval, insist he will be able to hold over for the vext two years, v de will Boyd in him Thayer on caso elog of Boyd's the alleg: s lay contest ineligibility as yers, J SHINING BUTTONS, They Are Seen at All Doors toThayer's Frivate Ofic lie guard of six police b front of Governor Thayer's office afternoon and evening, beside an guard of o squad of state militia, A of state militia can bo in ous parts of the building at this writing. ~ The police officers who lave been conspicuous in front of the gover nor's oftice have just been called where they will probably remain for the night. Al entrances to the governor's offico are carefully and securely locked and bolted, except the main entrance, which is guarded by sentinels botn insideaud out. ‘The curtains arc all drawn and thero is au airof seor surrounding the whole affair that sots the average man to guessing. Your correspondent learncd on good au thority that while in the governor’s olice, this evening, Mr. Boydhad been placed under arrest for perjuryin thatin qualifyiug foroftice he had declared himself to be a citizen of the United States, Thayer is said to be armed with quo war- ntos and is waiting to serve them on Boyd. The democratic governor has not made haste 10 get iuto the governor's oflice and Thayer therefore sent for him ‘to come, ecither ats o'clock this evening or 8 o'clok in the morning, Thayer giving out the alluring bait of promising to turn over the ofiice to Boyd atnoon today., * Governor Thayer asked for a squad of un- uniformed polico but was denicd the reauest, hence the brilliant array of buttons now t0 be seen in frout of and around his oMee Tho request was made to Mayor Grabam in person, but refused promptly and without de liberation. A° fact that makes the nosition more striking and puzzling is that on duty with the squad of police s soen Chicf of Police Meli ice Miller. An air of secrecy mystery pervades the entire surroundings. Reporters and those on the outside are not permitted within the limits of the present secret sanctum, The oftice has been surrounded all the evening by reporters and an anxious 1ew, but at best they and the general public are left in total darkness as to the probable outcome, or as to what turn affairs will take next. At the hour of leaving the state house all entrances ex- cept the one on the south, near the governor's oftice, had been securely locked. A rumor is afloat that the keys of the office of superiatenden of public insttuction were turned over this evening to Superintendent. clect Goudy. Also the office of secretary of state to Secretas Allen. This report receives credit believed to be true, MeCLA X" been kept in all the inside roservo soon vari. inside, HERIFF FIGHT, One of the Most citing Scenes Ever Witnes<ed in the Stute. The terrible fight of Sheriff McClay in . his attempts to get to Speaker Elder to serve the writ of mandamns compelling him to canvass thereturns will pass into the history of Ne- braska as one of the most 8 - ing and dramatic scenes ever wit- nessed in the state. It w th crowning event in the greatest political cri- sis over witnessed in Nebraska, and McClay played well the beroic part thrust upon him, The assembled legislators knew the writ was be served, but, when tho stento- volce of Meiklcjohn announced the entrance of the sheriff, for a mo- ment the dignity of the law appalled the lawmakers and there was a moment's death-like silenco. Suddenly there came the crash of breaking glass, and every person in that ereat assemblage jumped in- volantarily to his feet. Then the tumult arose. sergeant-at-arms, flanked by the in- pendents, made a rush at the shoriff to throw or forco him out of the hall McClay then recognized the emergency and was equal to it. A dozen fists were at him, while twice that number to throttle him, and ceeded in so doing, old man was not at 1 The veins on lis temples suddenly sprung out in bold reli his brows contracted, and a look of determination flashed from his eyes. He raised aloft his gold headed ecano and brought it down furiously upon the heads and knuckles of those opposing him, He seemed to gain streugth after each blow, and @ howl followed cach descent of the impro- vised weapon, The uyr that followed wa I'ne legislators rushed from their the scene of conflict to ald or herole ol man who ing s way to snealer's desk. Several times the savage blows of the independents aimed at .\l"('m_\' took effect, and he fell, but the effect was only momen- tary, as he was on his feet again in a moment and fighting as bravely as ever. The chorus of republican and democratic volces of “*Stana back; let the sherift do his duty,” availed nothing. Then the republican and demo- cratic members of the legislature took a hand and pulled and jerked back and strugglea with the independents, and for a fow minutes 1d to hand struggle prevailed throughout the entire chamber. The tumult was deaf- ening. McClay finally managed to forco his w half way up the aisle, when he was sudden) seized and hoisted on the shoulders of half a dozen stalwart republicans and democrats and carried to the spoake desk He served the mandamus, A shout then arose that was caught up and multiplied ten-fold 1 the corridors. Tue sheriff looked at his cane, 1t was bent double. The crowd ugaimn sent up a shout that shook the rafters. McClay then started down the aisle, and Napoleon himself could uot after his greatest victol been «d more enthusiastic cheers from the men admired his courage or more malicious looks from those he had conquered. His way Jut was unimp the aisle with the Later the rian The oMcious ained attempted partially suc but the appalled leafening seats to oppose the was mow- , and he strode down rof & conqueror sergeant-at-arms of the was asked what caused the ton under his left eyo abration of the flesh on his that he had been in a scrape beiore, Anumber of the assistaut sergesutsat- hou aiscolora and 1l He or cheek said a day or two ) UMBERI205 arms are carrying lamps on their he: phrenological from tho s ho, bruised and se 1s not Sheriff McClay, on returning found himself more badly atched than he at fiest bee lieved himself to be, but none of his injuries are in any manner serious. MATORS GOES Any Effort to Deba n Disn Lieutenant stalled called Him Wil 1 Failure, Governor Majors into oftice as to Prrove will be Ine s0on as the senate {9 1 any attempt to debay Majors from the senato chamber will prove & dismal failure. If necossary governop will be called upon to the doors, The independent who are expected to opposo any such high handed nr dings are Bock, Collins and Kuntz, Should Majors be barre {klojohn dos clares he will continue to act until the lwful presiding ofticer is duly recognized by the senate, Someof the more moder pendents are now i favor of letting the law take its course, ey claim they only lopied the resolution n joint convention uot to recognize any of the oficors de- clared elected as o matter of form, and to preservo the rights of the coutostants, A few of tho radicals are in favor of preventing Licutenant Govornor Majors from assuming his duties as preudeny of the senato. Two independent seuators, Beck and Swith, have signitid their intens tion of letting tho matter drop and pro- ceeding with the contest according to law. President Moiklejohn will yield the gavel to Licutenant Governor Majors at the morning session, and, if his right is disputed, the scenc of contlict will be transforred from the house. The independents will press tho contest with all possible Cispateh, and expect to reach a conclusion by th& end of the week. order ay the pon senators e of the inde- Wants the Polics Withdeawn, Mayor Graham declares that it is sheer folly to have a cordon of police in front of the gubernatorial ofices, and has gone to the state house to inforin ex-Governor Ihayer of the fact and to send the officers back to their beats. rection, LixcoL¥, Neb., Jan. 8 —|Spacial ram to Tite: Brr, | It was of the Douglas county delogation who made the able defense of the constitutional plan of unting and publishing the returns, aud not Senator Christofferson, as reported A N Tolo- nator Switzler SKIPPED WITH THE FUNDS, The Bookkeep:r of Penitentiar, tovx Far D, Telegram to Tue B The state board of charitics and correction met this afternoow with Warden Kanouse of the penitentiary and were tounded to learn that the book- keeper, John Patton, had disappoared and could not be found. The final settlement of ar was expected and - suspicion was at onco aroused. Tho safe was dr by n mith and only £10 in currency was found in the drawer. The accounts indicate that s missing and presumably Mr. Patton it off with him. Surprise was abund- en the t became known this on- “The mssing bookkeepor has been cone nected with the penitentiery since its in- ception, ten years ago. He i3 well connected, s father béing a judgo In the supcrior court of Detroit. The cause of the cmbezzlemont is drinking and gambling, a species of vica that Mr. Patton has beon indulging quite frecly of late. He doserts a wife and_grown daughter. The police are hot on his trail aud expect to cateh him bofore long, Searched Him by Foreo. Sioux Ciry, Ia, Jan, 8.—(Special Tele- gram toTne Bre.|—About two months ago Pat Scanlon, cashier of the Danbury bank, was arvested, chavged with forging the name of C. C. Frum, a wealthy citizen of hat town. Scanlon gave bouds for his appear- ances. He has ono witness to the fact thdt Frum signed his own name to the mortgago, and that no forge d been committed, This man, G. Wernimont, is in poor health, So a short time ago Scanlon had him prepare and sign,a statement setting forth his knowl edge of the case. Last Monday Scanlon came to ux Cit to to testify bge foro the grand juty ond went® back that evening to allow. Wernimont to come uy Lurne Tuesday. Last evening the latter to Danbury, and it was rumored that he had testitied {0 the effect that the afidavit pos- sessed by Scanlon was a forgery. This morn- ing, as Seanlon went into the followed by John Elliott, marshal; and H, T Jouas. Scanlon said today that these gentlo: informed him that they Ladascarch ant and insisted on seavching his po papers belonging to Wernimont. asked that we go to a justice or call in an- other party as a witness,” said Scanlon, *but they refused and searchied me by forco.” It is claimed that the two men threw Scanlon down and took the affidavit and a number of other valuable papers from him, which they threw into the stove. Some of these he res- cued in abadly charved condition, and now has them to offer in evidence, The grand jury is now at work on the matter. South Dakota Missin Jan, 8- [Speelal To Prosecute Scalpers, Cuteaco, Jan, 8.—The Western Pa association today authorized Ch Finley to take immediate step ing to the lmmediate Chicago ticket brokers ander state law. This action is in the general tendency of late to bring out forms in the conduetof railroad comvetition 1 the west. Teis understood that cution will be comme: in a week or two, and as Chairman Finley s a good fighter a zood result is expectdd. Apparcutly the ticket broker is in more danger of boing ox- terminated than ever before, Besides the proposed prosecutions in this state thero is moveinent on tho part of the associated roads west and east to drive uim out of bnsiness, If the scheme to abolish unlimited tickets is carried out it will do more to cripyle sealp- trade than anything yetaccomplished, Another scheme 1lated fo burt the scalper is a pronosition to discontinua the puyment of commissions on the sale of ticke is now being considered with the lkelihood of being adopted, sengor man look- prosecution of the Ilinols line with the prosee - The Scoteh Railway Strike, LasGow, Jan, 8,—OMoals of the Caledonia d in & manifesto this morning prom- ised to consider the geicvances of tho strikers who would promptly resume work, and some did so. This action on the part of n referred to created a small riot, The deserters were hooted at ard pelted with stones by the strikers. The police charged on the strikers and ar six of their ring- leaders. ather | Vieinity The W For Omaha and colder For ehraska-—Falr, scow; winds; stationary temperature. For Town— Easterly winds; snow ary tem perature For South Dako! winds; slight chang snow; uortherly station- Local sno In temperature, Rock Island Lixcowy, Neb,, Jun, § Vug Brk.| ~Today the Chicago & Rock Island served a summons and injunction on the altorueys of the Omaha & Republican Valley raflroad company, preventing them from interfering with any of the property of the Rock Istand at Lincoln, The sction was bo un in tie disteiet courtof Douglas county, ortherly Action, Special Telegram