Omaha Daily Bee Newspaper, January 10, 1891, Page 1

L 201D IS COVERNOR, Ho Takes His Seat Along with the Other Officers-Elcct, BUT HE HAS TO HAVE NEW QUARTERS. Thayer Hangs to the Chief Exeoutive Apart- ments Like Grim Death, THEY WILL TRY TO FREEZE HIM OUT. Tom Majors Presides Over the Senate With- out the Least Opposition, ADJUTANT GENERAL COLE REMOVED, e Refuses to Obey Boyd's Order to Disperse the Mititia—Gen eral Victor Vifquain Appointe Laxcorx, Neb., Jan. 0.—(Specfal Telegram o Tur Ber|—Alnost without a ripple of excitement the executive offices of the state changed hands this morning. Al the old oficers yielded gracefully except Governor Thayer, who hield on to the exccutive apart- ments with a firm grip, and was necessary furnish Governor Boyd with new quarters, This was done by the new board of public lands and buildings and Governor Boyd took his seat and was recog nized as chief executive by the other state offlc ‘The report that Tom Majors would not bo llowed to preside over the senate proved to Vo groundiess, for the bickory-shirted states- e took his seat without molestation, x-Governor Thayer has begun quo war- ranto proceedings against Governor Boyd on the grounds that he is ineligible, and it is for that reason that Thayer refuses 0 vacate the exccutive apartments, 10 FREEZE OUT it to THAYER. His Steam Will Be Warranto Proceedings, All the new exccutive officers ox- copt. Boyd have taken possession of then respective ofices and entered upon their du- tles, At 11 o'clock Attorney € Land Commissioner Humphrey, Secretary of ENte Mllenand Troasurer Hill, who consti- tugl Atie board of public lands and buildings, AL o assign offlees to Governor Boyd other than those forcibly held by ex-Governc Thayer, Tho board has full power to do this. Governor Boyd will appoint his own funitor and other assistant he steam will be turnedoff from the apartment occupied by Thayer and the ex governor wlll be literally frozen out. Last night a message was conveyed from ex-Governor Thayer to Governor Hoyd that the former wished to sco the latter and turn over to him the gubernatorwl offics. Goy ernor Boyd, accompanied by Hon, John D, Howe, his attorney, weut toTh: and the two were eranted admittance by the squad of six policemen, u deputy. sheriff and Colonel Sizer of the ex-governors staff, Colonel Downs of the staff, who acted as tnner guard, also gave way (o the new gov- eruor. Once inside B urned Off—Quo eneral Hastings, vd waited expectantly for Thayer to turn over the oftice to him, but did not ask him to do so, us Thayer's functions us chief executive did not end until midnight, according to the constitution the term of the new wovernor commences {rom Thursday and not on that Boyd withdrew without office, Thayer therefor o refuse, ftor midnight ex-Governor Thayer re- miained in his offico with the po- lice on guard on the outside and militie on the inside. He remained awake all night, but Boyd weut to b and *iept soundly, 2and 1 o'clock a messenger informed Thuyer that Boyd had setired, but he could not believe it and kept the gubernatorial apartments guarded all night as though he feared an assault, This morning Boyd was given a room in the auditor's suite pending the action of the board of public lands and buildings. Quo warranto papers were handed to one of the suprcme jud, by General John 1. Webster as attorney ‘for Thayer, but were discovered to be informal and were ro- turned, but were taken again under advise- ment and arenew in - possession of the court Anformally aud are not on fite, They are in- lended to compel James E. Boydto show cause why he holds thoe oftice, It is under- stood that this course has been adopted to raise the question of Boyd's citizenship. 'be quo warranto alloges that Thayer was 8 citizen with full rights before taking his ofice, while Boyd is not. The assertion in regard to Boyd's father not belng a citizen at the time of Boya's nomination was dwelton at some length, The supremo court does not conveno until next Tuesday, and- consequent- Iy there will be four days more of uncertainty i vegard to the matter. It s, the {;m* claimed that if Boyd had' never cen clothed with the vights of citizenship he disqualitied for the office of chief execu- tive. The words “Governor's Office’ ainted on the glass doors of the suite of Mces occupiod by Boyd. Thaye i locked in the rooms recently oceupi 4 governor. 'he supreme court has refused the quo warranto asked by at least such Interpretation is put ob ter by the ablest attoruey asking for the did nothaves chance are being virtually Thayer— the mat- BOYD GIVEN NEW QU.iRTERS. Ho Takes Possession and is Recog- nized as Governor. The board of public lands and buildings de- clded to muke the rooms occupied by the board of transportation the gubernatorial suite of oftices, and an official order to that effect was made. Secretary Gilohrist of the board of transportation was ordered to sur- render the keys to the vooms, which he did and the same were oficially turned over to Governor Koy d, The new chief executive took formal po session and was saluted as governor of Ne- braska and is recoguized us such by persons who visit the rooms, Governor Boyd has appointed Judge Hig- glus as his private secrotury The board of transportation, which re- cently occupied the present gubernatorial quarters, bas been assigned s its future quarters the west room i the suite oceu pied by the secretary of state, The whole change was made so quietly that nothing was known of it until Goveruor Boyd took formal possession of the quarters assigned him, - Secrotary of State Allen has chosen Ben- pmin R. Cowdery, late secretary of state, as Is assistant, and Mr. Cowdery has eutered upon the duties of his oftice, Beuton and Hill succeeded themselves re- spectively as auditor and treasuver, They Will retain thewr old force of assistants, Attorney General Hustings has not chosen #deputy. Land Comumissloner Huwphrey will retan Y the same office force that does duty under Mr. Steen, 10 MAJORS PRE The Hickory Shirted States 1is Seat Unopposed. In the senate Tom Majors took the seat of presiding officer without bloodshed, strugele or even opposition. The independents, quess tioned in regard to the same, say that it is all right, The senate was called to order at 10 o'clock pursuant to adjournment of the joint session of yesterday, ‘L he roll call showed thirty-one senators present, Eggleston and Switzler being absent, Switzler put 1n an appearauce soon after, After prayer by the chapdain the chair ap- pointed Moore, Kuutz and Collins to wait upon the lieutenaut governor-clect and con- duct him to the chair. Still wearing tho hickory shirt th such a prominent part iu the late c Thomas Majors Takes played paim, walked firmly upthe aisle leading to the speaker’s desk and took pos- nof the cha president of the sen- ate and lieutenant governor of the great state of Nebraska, A burst of applause followed from the gallery. Meiklejohn thanked the courtesy shown him while fu the chairina fow well chosen scatences. He then re- ceivedinto the chaiv Lieutenant Governor ajors and introduced him to the senate. utenant governor, with a calm uccepted the duties of the Ho showed himself to be aman of few words, and in tones distinguisted for their firmness and manliness declared that it would be his aim in presuling over the scuate to deal fairly with all men and asked the senate to assist him in so doing. It was discovered that the minutes of the last session biad not been read and Moore of Lancaster asked that they be read, which was done, including the proceedings of the joint, convention After the reading of the proceedings of the joint convention, Poynter of Boone noved that their further consideration be postponed until the ternoon ses- sion. which was objected to by Switzler or Douglass unless® the motion should be carried unanimously, Stevens of Lancoln county asked that a resolution presented be read. ” The chair said that itwould be calied up I its regulur order. T'his cansed a stir in the lob and a stormy time was expec not oceur and the motion prey any demonstration It was then moved sess senate for the and gallery , but it did led without and seconded thut the resolution recognizing the positon of Thomas Majors as licutenant governor under protest be reconsidered. The motion was lost by a vote of 1%t 17 While the vote was being taken Moore of Lancasterstated that he did not vote aye to recognize the licutenant governoras seated under protest, but would vote ayeto recog- nize the leutenant governor without protest. Switzler offered a resolution that it was un- wise and unuecessary to passthe resolution recognizing the scat of lleutenant governor under protests A motionto lay the resolution on the table was Jost. The motion was then voted on and lost by a vote of IS to 15, Stevens of Lincoln county offered aresolution to bring the two houses iufo joint convention toenterinto the contest of the scats of state officers declared elected by the joint session. The resolution wus with- drawn after argument againstit by Switzler of Douglas. Wilson of Dawes offered a resolution ask- ing that thesecretary of the senate report all members present when absent on committee work at the time of roll eall except when the yeas and nays arvebeing called. "The’ resolu- tion was adopted. ‘The matter of supplying daily papers to the senate was then taken up and the papers were knocked clear out. It was brought about in this wise: Wilson presented 8 resolution asking that the secretary of state be authorized to supply ten copies of dailies or their equivalent and ten 2-cent and teu 1-gent stamps to each mem- ber and oftic Stevens of Lincoln county offered a_substi- tute resolution that there” be supplied ten 2-cent stamps and ten l-cent stamps to each member of the senate aud the oficers thereof, Switzler of Douglas cffered to amend by substituting for the words *members and oMicers” the words “members and seeretary. The substitute resolution as amended was adopted und adjournment was then taken untit 2 o'clock, 3 / AFTERNOON SESSION. / At 8:20 p. m. the senate was called to order by the lieutenant governor, The following resolution was adopted—19 to 11 Resolved, That the secrotary of state be di- rected to furnish at the expense of five coples of daily papers, or their equi in weeklies, pubfisied in the state to each member and secretary each day during the sesslon, cach wenber laving the selection thereof, Senator Wilson of Daives introduced the followiug bills, which were read the first time : A bill to repeal chapter 52, session laws of 1582, and to amend section 10, articles, chap- ter 3, compiled statutes of 1557, entitled “*Ag- riculture.” An act to amend section 925, chapter2, title 30, code of civil proeedur An act to umend section of civil procedure, A bill to amend section 198, chapter of civil procedure, he following bills were introduced by nator Switzler of Douglas-: A bill to provide commissiners for su- preme court, o regulate the manner of ap- pointment, power and compensation of same. A bill to amend sectioas 13 and 10 of the compiled statutes relating to manner of ren- dering opinions by the supreme court, Senator Kuntz of Iayes, chairman of a special committee to recommend the number of employes of the senate for the various ap pointive oftices and position, submitted the following list: Klective oficers, 12; clerks, engrossed and enrolled, 63 javitor, 15 messenger, 13 janitors, senate chamber, 2 night watch, 1; Janitors, committee rooms, 23 pages, 8; licutenant governor's messenger, 13 president pro tem, messenger, 1: scerctary's messenger, 1} bookkeper, 1; asssstant postmaster, 1; mail carrie bill clerks, 2: pages, 15 file clerk, 1; chief clerk of engrossed and envolled bills, 1; custodian, 15 proof reader, 13 copy holder, 1; stenogripher, 1; private secretary to lieutenant goveruor, 1, b The committeo recommended the appoint- ment of a private secretary for the licutenant governor. It also recommended the appoint- ment of additional employes whenever oc- casion required. Poyuter of Boone offercd a resolution that the approval of the minutes be postponed and thut the record of the day's session be inted and pluced on the Cesks of each member tomorrow morning before being adopted and that when adopted be the same us today, The resolution was adopted. Stevens of Lincoln offered a resolution that the secretary of stato be instructed to pro- pare 200 copies of a legislative manual simi- lar to the one now in use. Switzler of Douglas moved to amend by changing the words “‘one hundred” to two hundred. This was adopted. Stevens of Lincoln offered a resolution that all employes not otherwise governed or em- ployed bé under the supervision of the secre- tary. The senate then adjourned until10 a. m. aturday. THE HOU €, title 14, code , code IN SESSION, A Resolution Fixing the Time for Considering the Contess The louse did not get in working order until nearly 11 o*clock. The winutes.of the past threo days were read by the clerk. The minutes showed that Speaker Elder presided over the joint conven- tion, to which Sterasdorft and Gardner ob- jected. Church Howe moved toamend by having the journal show tnat Licutenant Governor Meiklejobu presided agaiust the protest of the majority ment After considerable wrangling an amend- ment showing that the lieutenant governor sided, to which o majority of the house ot jected, was proposed by McKesson of Lan- caster The independents insisted that the journal should show that the “speaker presided, allowing the lieutenant governor to put the motions,” A long discussion followed Oakley of Lancaster thought the journal should shoy the facts. Cramb said the journal is the record of the proceedings of this body, and if the licutenant governor did actually preside the journal should show this. “Che Mekesson amendment was adopted by o vote of 55to 14, Ponding further correction of the journal, the house adjournad to 2p. m, AFTEROON SESSION. On motion of Shrader, the further correc- tion of the journal was postponed till 4.0, A concurrent resolution by Curtis, fixing Tuesday, January 20, as the day for the meet- ing of the joint convention to consider the contest cases was read Watson of Otoe iutroduced a resolution that a committeo be abpointed to draft a bill ap- propriating §100,000 to the drouth steicken sufferers of the west. The resolution was unaninmously adopted. Modie (ind) of Red Willow introduced a lution providing forthe appointment of 1 more pay White of Cass wanted to had already been appointed ‘The speaker informed him there were niue on the pay rolls. White then moved to lay the resolution on the table, which was earried 0 to 10, Sternsdorfl moved that five extra pages he appointed, and on motion of White this reso- lution was ulso tabled —10 to A motiou to furnish printed mony in the contest cases was lost, Capek moved that a committee of five be appoiuted to make an investigation as to the number of employes necessary. Carried. A motion to furnish the members with ten daily papers and with ten stamps daily, with customary stationary, was made. Soderman toved to strike out ten and in- sert, five in cach place. Alden moved the resolution bo tabled. Car- ried. Shrader moved that a comimittee of twobe appointed to wait on the governor and inform nimgthat the house is duly organized and rea®y for business Sternsdorf wanted to know how many gov- crnors we have and to which goveruor the resolution referred. This opened a protracted wrangle, without reaching any conclusion, adjournod until 10 8. m. tomorrow. ANOTHER WRANGLE., Howe finally withdrew the amend- permanent kuow how many opies of testi- to the members and the house A Heated Debate inthe House on the GovernorshipQuestion, After a few preliminary matters had disposed of in the house, Representative Shrader introduced a resolution which at once renewed the unseemly wranglo of the past few days, The resolutien provided that 4 committee of two should be appointed to wait on the governor and fnform him that the house isnow orgauized and ready for business, s The vigilant Sternsdorf immediately the question of which governor, tensely interesting parlismentary menced. Hon, John €. Watson of Otoe took the floor and moved toinsert the namo of James B. Boyd after the word governor, and the same motionw as made by White of Cass. In sup- porting the resolution Watson said that he had been informed that the supremo court had already decided that there could be no Interregnum, and had stated from the bench that the man whom the speaker of the house, m obedience to the mandate of the court, had declared elected was the legal and only gov- crnor of Nebraska, and that man is James £ Boyd. [Tremendous applause from the dem- ocrats.| Church Howe said the senate had re- pudiated the resolution adopted by the joint convention, and had_recognized Lientenant Governor Majors as the legal presiding officer of thatbody. Hesuid: “Now let us meet this question like men, For one, 1 beliove that James E. Boyd is the legal governor and will sovote.” [Cheers from the demoerats. | Kruse of Knox moved to strike out the name of James . Boyd and insert that of John M. Thayer. Shrader moved to lay che matter on the table, which was lost by a vote of 46 to 5 Many members explained their votes, lillan said that in obedicnce to the mandate of the supreme court, and reserving the right to pass judgment on the merits of the case, he would vote to recognize James B. Boyd as governor. Schappel (rep) said the supreme court has assumed the responsibility of determining who is legal governor, and to that decision he would bow. ihe motion to table being lost, the debate on the main question was again opened, mainly by speakerson the independeut side of the house. Shrader again got the floor, and mov the whole matter be postponed until morrow, Shryock and White of Cass endeavored to move the previous question, but the speak recognized Shrader und the battle went mer- been aised and an in- battle com- 1 that 30 to- ain the roll was called with tho same re- sult—d( to G4, rhe independents amused themsclves by explaining the votes, Stevens of Furnas said: “Standing by our action in the joint convention, 1 vote aye.” Speaker Elder explained 'his vote' as fol- lows: “As there is a contest pendiug for the oflice of governor, I vote aye. ‘The debate on the mwain question now broke out afresh. Cramb of Jefferson ave we come here to act the schoolboy, or to transact business{ If weare to frittor away our time in this manner we, had better ad- journ sine die.” Cisurch Howe was recognized, and spring ing outinto the center aisle_and faciug the independents, asked: “Who forced this question upon us, but one of your own men! You introduced 'a resolution inviting the governor to come in here and deliver his message, and this raised the question: Who is governor of Nebraska! Thereis an honest man (veferring to Attorney General Leese) who occupied an oftice in this building yes- terday and on whose opinion you rely, I day he has delivered the keys of his ofice to uman declared elected by the same autho that made the decliration ia favor of ( emor Boyd. Yoursupreme court, the hi est judicial tribune i your staté, has just denled to the attorneys for Governor Thay to file papers in the case restraining Go ernor Hoyd from exercising tho duties of his ofice, und from the bench they bave do- clared that ho is the legal und only governor of Nebraska.” Bredeson of Polk is impartial! [His Howe—1 know nothing to the coutrary. I voted for them and so did you, and I presume they arc honorable men White of Cass—Is it not a fact, Mr, Howe, that Boyd was sworn in by tho same judge (Maxwell) who adwinistered the oath to the members of this house. Howe—Yes, [Cheers from the democrats, | Scott (ind.) of Dawson—I shall vote that we haye a governor, and will let the supremo court determine who he is, Johnson (ind.) of Valley—I read from tho constitution of Nebraska that the governor at the close of his term of office shall detiver his annual message to the legislature, and this vesolution can refer to uobody exvept Governor ‘Thayer. [Great appluuse from the independents,) McKesson (rep.) of Lanca resolution been passed yesterday beforo Governor Bovd was sworn in the point would be well taken, but today it is too late, Arnold (ind.) of Gage—Under tae constitu. tion the \vc nding resolution most certainly re- fers to Thay: Stevens of Furnas— You learned forviug to Howe aud Watson) and said: “Have Do you think that court astor —Had that men tell us (res one thing today and something else tomorrow. | We have beileved too much you tell us and Propese Lo rely on our OWn COmMmOu sense in the future. Taylor of Johnsou—The statement that the | tice. suprome court refuses to let #he papers fn | quo warrunto proceedings be filed is false. The matter has beon set for hearing next | Tuesdy. | Matheson (dem.) of Waynd=Arc wo sent here merely to make a noisel It so, I have s strong lungs as any of you'sad propose to be heard. ~ But let us get down to business, Bertrand of Douglas—It is eharged that the | supreme court is controlled one class. I | beliove that is an honorable Body, and _their | decision is in accordance with law and jus- | We are sent here to_mike laws, Let us not turn law breakers oursolyes, The hour having arrived to which the further consideration of the journal had becn postponed, Shrader called it up, and in spite of th arlinmentary maneuvers of Watson, Howe, White and “others, the speaker de- claved the consideration of the journal in order, . McKesson moved to postpdne the consider- ation of the journal, which carried, but after o half hourof desultory eras firing, inde- pendents railied their forces,and a few min- | utes after 0, by the close vota.of 51 to 49, car- ried a motion to adjourn untll 10 o'clock to- morrow, leaving the question' as to who is pending, The independents nize Boyd a8 governor are Feicitinger of Dodge, Waldton and Wilson of Adams, and Stewart of York The independents are now considering the matter in caucus, and a hot time is expected. VIFQUAIN SUCCEEDS COLE. Governor Boyd Appotntga New Adju- tant General, This afternoon Governor Boyd ordered Ad- Jutant General Cole to dismiss the militia from the state house and to sfop all warlike demonstrations or displays, Shortly after- wards the following telegram was received by Hon. Wallace Wilson: Goatonce and interview gbvernor. Crisls orrow. We must have apns and ammuni- n atonce, Bourd of county commssioners, . . Carly, B. K. Ezan, Thomps Coffoy, k. M. Dorrington, Sparguer Fisher, ‘u:l others, Senator Wilson immediataly repaired to Governor Boyd's office and banded him the telegram. The governor _issued orders to Adjutant Geueral Cole to send the supplies at onc Cole thereupon refused to ognize the authority of Governor! Boyd in both orders, Without any comments Giovernor Boyd immediately dismissel Cole from the seryice und reduced him| to the rauk of a private citizen. The governor then sat down and’ fviote out a commission appointing General Victor Vifquain, late United States consul to Colon, South America, to the positidn mado vacant by the discharge of Cole, Plie governor then telephoned to Vifquain to come to the state house at once, be sworn and { enter immedi- ately upon the duties of tne affice. General Vifquam 1s a native of France is fifty-two years old. He was a soldi the umon service, aud for_ his bravery and splendid service was awarded the rare honor of being presented with a goid medal by con- ress, U to miduight Geueral Cole eould not be found, and cousequently the order for his re- moyal as adjutant genoral ¢onld not not be served, As soon as the mefice is served on him Generzl Vifquain will basworn in. Captain Kkhode of compary 1) has been in consultation with Governgr Thayer this evening and declares that he will not obey any order issued by Vifquaiti., As soon as the new adjutunt ‘ceneral 6 sworn in the order to Captain Rhode to téke his company of militia” from the state House will bo ré- newed, aud if he does not €omply with the wandate music will follow. | Governor Thayer is still holding the fort in the old executive oftices, and, worn out, has finally sunk to slecp on a sofd in his private office. Governor Boyd says that Thayer sight as well go home and emjoy tho rest of # good man, as he does not wish the old exce- utive apartment, because 1 jis comfortably in the roows assigned hith fiy tho boara of public lanas and buildings. TéE SANOSET B#AVES. Ihey Go ina Body to Lincoln to Con- gratulate Goveracr Boyd. Between 4and 5 o'clock inthe afternoon the Samoset club of Omaha and a large dele- gation of other citizens from Omaha came in abody to Governor Boyd's headguarters and extended to him their hearty congratulations on being scated as governor of Nebraska, nor Boyd responded as follows : heartily thank you for coming to the capitol to extend tome your -congratulations upon this the fivst day of my administration as governor of Nebraska., This is a day which will be notable _in the Listory of the democratic party of this state. It shall be my earnest purpose to administer the ardur- duties of the ofice to which I have heen fuirly and honorably elected g0 as to merit i the approvalof all the people of this state.” The governor then shook each by the hand and gave them the freedom gf the place. Later in the evening the state oficers and soveral of the members of the legi to- gother with many of the promiuent citizen | allegiance | the house tonight, after | caucus w of Lincoln, called on Governor Boyd and ex- tended congratulations. Boyd's First Official Act. In the afteraoon Governor Boyd performed his first official act as chier executivo of the state of Nebraska by affixing his signature to anumber of school land _deads and requisi- tion papevs, and is making preparations to sign an order to disperse the militia. All the state officers recogmize Loyd as governor and are working in barmony with him. All executive papers and mail are assigned by them tohim. Governor Boyd has upproved the b Is of all the state executive ofticers. Congressian-elect Bryan b submitted his bonds to Governor Boyd, and declares that a ertificate of election from Boyd is s good a thing as he asks for in which to go o Washingtou to enter upo his congros sional duties, Governor Bayd writes u very pretty autograph, and just iow it is greatly iu official demand, Ex-Governor Thayer is still keeping bach. clor's hall in the rooms lately kuown as the executive apartments, but which have now fallen into inocuous desuetude, The Order From Boyd's Rooms, The following is the resolution passed unanimously by the board of public lands and buildings on the matter of establishing gubernatorial headquarters : Moved, That the order heretofore made deslgnating the southesst roows on the first floor of the main part of the eapitol bullding s the chumbers of the |W|-V||I‘\l~ department beund is hereby revoked, and nt the request of Governor Juu Boyd, the rooms now used by the state bourd of trausportation state bunking board boe desigauted and apart as the executive chambors, and s; board will be glven the roows at & subsequent meoting of the bourd. : THAYE 'S STATEMENT, He Wants to Hold Over Until Boyd's Eligibility is Determined, At 4 o'clock this afternoon the members constituting the board of public lands aud buildings weat to ex-Governor Thayer and formally demanded the surrender of the apartments occupied by kim, This was em- phatically refused by Thayer. Ex- Tuayer gave as his reason fusing this demand that Boyd had not yet vroperly proven his eitizenship, and hewould not surrender the office until he had done so, This, he declares, Boyd can not do. Shortly afterwards ex-Governor Thayer handed the foliowing written state- ment to P Bee correspondent My position is exactly this. a general conviction that My not @ citizen of this state; th bas lived here many Theve is Boyd is Although e jeur he owes allegiance toa foreign power.” I desire this matter to be tested before the supr a judiclal question. If 0 dt is 8 vVory easy matter him to prove the fact. * If he s not @ citizen, that fuct should be established, Article b, | tion 2, of the constitution of the state of | Nebraska is iu the following words : “Persons inelligible-No on shall | be elligible to the oftice of goy- eror or lieutenaut governor who shall | not have attained the age of thirty years and | been for two years next preceeding his elec- e court, for it is e is | were ¢ ! tion n citizen of the United States and of this stute, Language cannot make stronger. I have sworn to s stitution, and it is my duty {0 prevent, so far | as it lies in my power, & person who o a foreign government becoming governor of Nebraska. If the proper tri bunal should decile after fnvestigation that Mr. Boyd is eligible to tho position 1 will immediately transfer the ofice to him, I am advised by high lowal authority that itis my duty to defeud the coustit provision any pport the con tion JoUN M. THAYER, Refuse (o Bocognizs Royd, At a caucus of the independent members of a sion it was determined Boyd as governor 1 favorhad been obtained court. It is will ask the op of the on this question at the morning session. The attended by every one of the fifty-four independents, the session was anything but harme Waldron of Ames, sLomax of ( e Dodge and Scott of Dawson oy that if the court says Boyd is the logal gov- ernor th Ak away from their party | and vote 10 recognizo him How Meikle Ex-Lieutenant Governor Me! in on be- Ing interviewed by Tue Bre correspondent said: “It protracted discus not an opinion in from the likely the do! 10 recognize his supreme quite house fon court declaro | is the into in my was anything cortain I was termined to stand closest life, place 1 and the ever got experience but agrecable. I was right and was de- | my ground, but any mis take would have been fatal. I wot wind that they intended to exclude me from the build ing yestc v morning and _prepared for them. They had a warrant for me at the ront boor, but L went around, led by some intuition, to the back door and up to my om, where I had directed W." A, Kelloy, G, B. Sedgwi Jesse Moore and Grant Ensign, my four trusty sergeants, to meet me. They were promntly on hand. With my coat collav drawn up I walked leisurely along with my guards to the door of the house, knocked light hmy pendil, the door oponed und in we went, without any oue lowing wh we were, At the entrance to the spe esk there were two trusty guards who dis: puted my passage, but [ said to myself, ‘I dor’t need that chair, 1 will just stay hero in the clerk’s chair.” 1 swore fn my deputies and we sat down, *Pretty soon a sergeant came aroun said: ‘T'guess I have o warrant for arrest.’” **“All right,’ says T, Yot mesee it T took it and saw it was signed by the speaker, 5o [ placed itin my pocket. Protty soon he sald, I guess we will put you out.’ ** tHold on,’ suid I ‘Where is your author- ity? 1 have your warrant and let me see you get it. Without the warrantyou have o aathority, so touch me if you d ““He thought a moment and seemed to take the same view of the case and we had a pleas ant time after that. “\When the speaker ¢ ho seemed sur- prised, but I greeted him cordially and we $00n Were ehatting togather *Hud they been smart enoigh to get out a civil warrait for malfeasanco in ofiice they could have made it very interesting for me *In the afternoon 1 was -denied aduo ion and threatened to call upon the governor, but the speaker thought better of it and let me in.” 0 well,” said Tom Majors, who was pres- ent, “your experience and the result_shows the power of mind over mere matter.” - TNEY ARE WILLING TO and your me AL, The Omaha Hridze Digpute Will Come After the Presidents Take Action. Crioaco, Jan. 9. —(Special Telegram to Tue Bee. | ~It was learned today that the Omaha dispute between the Union Pacific and the St. Paul and Rock Island would not be pushed to a settlement until the presi dents in New York agreed or disagreed This conclusion was the result of & confer ence of the interested roads, at which it wis practically agreed what would be done, irve- spective of the outcome of the Omaha suit Gould Does Not Qontrol Atchison, New York, Jan, 9.—An authorized state. ment was given out this afternoon to the effect that Jay Gould had not obtained con trol of the Atehison railroad by purchase, as reported, t Russell ge and i hold more Atchison securities now t. 1 ever before. Another story is in circulation today that Gould has secured a large block of Rock Island sto Oue raitroad ofticial said : “The fact is that Gould is practically in control of a great part of the combined vililroaa syste but he has obtained that control simply b engineering and not by the purchases of stock, He holds a large block of Northern Pacific, 50,000 shares of the Union Pacific, 70,000 shares of Atchison, 10,000 shares of the Richmond Terminal, aud is in absolute con- trol of the Union Pacific, Missouri Pacific, Wabash, St. Louis & Palific, Arkansas & Texas and Texas Pacific, He ls also in clos relations with the Denver & Rio Grande, Rio Grande Western, Southern Pacitic, Central Iowa and the Great Northern,” Looking for a Docrease, Cricaco, Jan. 9.—[Special Telegram to ‘lug: Bre.]—Chicago railroad men ave looking forward toatrafficduring the year 25 per cent less than last year. The weekly statements are already shewing a much gleater decrease, This. it is thought, will be largel 1- ized, however, by the advances in rates made recently. 1t is the opinion of such pa General Passenger A lingtou and Hea! branch of the business was never shape throughout the woest than at In general, all are lookiug forward to of ¢ 5 ic, but at bigher and better maintiine enger men as ilthat their in better present a year much Abolishing Commissions. Nrew York, Jan, §.—The executive commit- tees of the Trunk Line and Central Trafiic associations today considered the question of commissions on passenger tickets from Chi- cago to the seaboard, and an iron-clad agree ment was arranged for to not recognize the payment of commissions, This law goes into February 1 and will be absolutely en- HARVESTER TRUST ABANDONED. Prospects of Vigorous Prosecution the Probable Cause. Cmicaco, Jan, 9. —Presic furnishes the following state ciated press: *The Ametican har pany, after securing the opiuion of emiuent counsel from different states, hus been brought face to face with great legal obstacles to the consummation of the great ecuterprise which it was formed. These are of such a character that after the most serious and careful consideration tie conclusion has been reached that the whole undertaking must be abandoned. In so doing 1t 15 but adopting a course as such counsel have united in ad- vising,” It was only after a long argument that the gentlemen composing the trust decided to abandon it. The hardest rocks against which it ran were the declsions of the Illinois and New York courts in the gas and sugar trust cases, The interests involved in the trust Were 50 gre t it was agreed that &0,- 000,000 capital would be necessary to put it upon its feet, Of this sum 845,000,000 was to ve apportioned among several institutions and £15,000,000 in bonds issued for a working capital. When the company attempted to float these bond the United States trust company of New York declined them on the ground that the company had been organized iusuch s way as to violate the auti-trust | statutes. Other financial iustitutions appealed to with the samo re for b wa | Co. hay | m sult. Then it was proposed to raise the necessary funds within the com- pany itself, but rus, becoming trightened a the legat ts 'of affairs, refused to ti up heir lusl establish | pleted its or ments where they w heavy legal and An but dissolutios A local paper says o dissolution was the fa t Decring and other big \ wore dissatisfiod with th and w 0 handicapped by liabilities, hence ined ause of the MecCormick In “the trust v manp d out re ready to secede \J A merry is now inprospect. 1 dach firm for Wsell —cut, slash and compet Masox Ciry, Jan, 0, Wi Deering & notified their agen that their company has withdrawn Ametican Harvester Company uni which will un- ibtealy by up the tru A number of 1 in this section who nave been arded by the company will now r Ssow.norsNn. feverest Storm in Man Now Prevailing, w, 0. —~There are no abatement of winter th ut Great Britatu oron the F yoints ec Great Britai not been exceeded riv Thames bel inm n the i Sume wof EUROPE The X ars Loxnoy, sins the sovers weathor ntinent 10 stories of suffering. In rity of the season | ce 1813, The Richmond remains partially frozen and nayigation is impeded by ice floes, Carriers’ vans traverse the frozen surface from Sutton courtto Abingdon. Nu merous deaths vesulted from the ex treme cold, several of them at the very gates of workhouses, where the poor clamor for ad: mission, Midland s of persons 1 the W have newspapers declaro that thou- s of that region are in a con dition of semi-stavvation, Mauy local com mittees arc taking measures for relief, but they fail to reach a host of cases In every country on the continent there is suffering because of the severe weatlier. The coasts of Belgium, Holland and North ( many ave blocked with ico. Many steamers 1 ships ave fecbound in the vlvers Sehic and the Elbe is badly damaged At Antwerp 10,000 workmen out of loyment owing to weather, he misery mong class 1s intense and widespread. is to be used at Copenha thrown the sever the poo; Dynamite n in hopes of et ting out a number of vessels now icebound Dispatehes from several German ports tell of the inaccessibility of their harbors because of i All Bavaria is covered with snow and in the country between the Danube and the Alps the snow is ten 1nches deep. In certain localities along tho dvifts are piled seventeen fe In northern Italy snow fell hea forty-eight hours. The inhabitants of that region are suffering ncutely, such weather ig entirely unknown to them, and it ared & number of people will pevish in the storm, The railways are much delayed Dispatches from Viennasay communication with poiuts south of that city is greatly im peded, and on all the railways centering the movement of traius is partially suspen e om Madrid renorts o heavy snow fall in u, and says_ communicition with all the provinces of Spain is difficult Mlere are also reports of the prevale of intense cold weathor in Valencia, wh tho orange groves have been swept by the storm, enti ng heavy losses to owners. A violent storm, accompanitd by hail_and suow a long distance inland, is reported from Aligicrs, in~ North The report i coupled with the assuranco that nothing like such severe weather was ever kuown in that region before. Advi vis say the Seine is blocked with ice near Rouen aud is frozen above Lyon h suffering s beiug caused in many placos by intensely cold ather and a° number of persons were frozen to death From Austria comes reports of a tremen- dous storm prevailing. At Trieste all roads are blockaded and supplies are gotting scaree oreports have bean recoivel from th Alpine districts for two days. Suow is stili falling in_ Vienna, Six thou sand men are employed in cleaning the im- mense mass of snow alveady on the ground. are Rhine snow t nigh for a A NSAS ROV Political Afirs in That State Hopeless Confusion. Toresa, Kan, Jan, 9.—[Special Tele- gram to Tue Bre)—A sccret mecting of thirty-five men, alliance representatives, and about fifty prominent members of the farm ers’ movement, was held in this city this afternoon for the purpose of iuvestigating McCrath's conncetion in the Turner in- trigue, The meeting was called he evidently e olution n by McGrath pected & whitewash, exoneratiag him down, A resolution, however, adopted resolving that, “Wo the affair solely us a characteristic attempt on the partof tho republican politicians in Topeka and Washington to prove that moval luws have no plece in politics and a desire on their part to thwart the will of the people that we vegard it only as another reason for standing more closcly together in earie: untiring and zealous devotion to our cause,” otwithstanding the adoption of this evi denceof a love feast the party is all torn up over the matter. . 2. Elder, ‘the oldest and best schooled of the alliance politicians, has worked bard all day to bring the people’s porty together and prevent a dissolution of the foree General John Rice of Fort Scott, a prom inent alliauce senatorial candidate one month but whose boom has now collapscd a different view of the exposure and, il ht, said ople’s party his already developed rings more despostic” and corrupt than wa ever known inr either of the old parties, | renounce the movernent now and forever.” S. W. Chase, chairman of the veople's varty central committee, is also indignant but {s powerless to do anvthing. McGrath now scems to hold card, but the faction which is i the most influential with tho The republiciuns are highly elated at the turn which affairs have taken and assert that the alliance leaders will never be able to get together ou the senatorial question, P. P. Elder stated tonight that the Me Grath matter would not effect the senatorial fight one way or the other and, even if the alliance went to picces, the representatives would sce that Ingnlls went down with the fabric, and A res voted was regard the winning ghting him is rural masses, Turner Says it is Spite Work, WasmiNatoy, Jan, 9.-Representative Turner of Kansas, speakingz of the much talked of letter to MeGrath, said tonight that it was written by a young man who came to Washiugton from Turner's district some time ago. He was a lawyer and wanted an oft [ order to help “him Turner let hum writesuch of his lotters as could be answered without dictation, and gave him enough mouey to pay his board bill. Finally, when It becatn rent that he could not get an appoiutrs e became angry and in revenge wrote th . Turner refused to disclose his name, but says he is after the young man and will prosceute him, Vigorous arch is being made for the original docu ment, which is said to be in the hauds of the alliunce people. For Omaha and vicinity lowed by clearing; colder, For Nebrasia ~Local snows and stationary temperature in southern, fair and warmer in uorthern portion; northwestly winds For lowa—Light suows, excopt in the ex- | treme northern part, fair; northerly winds; stationary temperature, excopt in nortwest Light suow, fol of | B uy " to N ar Co fr K w Ge N th 1l ta wa portion, slightly warmer. For South Dakota —Fair warmer in eastern, | colder in western portion; westerly winds. e sota House Organiz Pavt, Minn, Jan, 9—The house ¢ anization today by the el of the fusion (wliiance-democratic) ticket The Minu St m tior vl wit How | NARROW a TROOPS CLOSING 1N, | They Are Ordered to Move Forward on the Indians from All Sides, An Evident Intention of the Night Attack 18 to vented from the Botton HOSTILES MUST SURRENDER OR FIGHT, Indians to Attack the School. ESCAPE OF THE TEACHER, He Was to Be Set Upon and Overcome by the Scholars, MILITARY ~ PRECAUTIONS ARE TAKEN, Be Pre- The Seventh Moved to a Hill —1The Fire, Pive Rinae Acescey, S. D, (vin Rushville, mands in from thréo to six miles nea Neb.), Jan. 0. Yesterday the field [Special Telogram to afternoon all the com- were ordered to march the hostites, Tue © last night the order was pat iato effect, of ceurse Indians, The opposition the overtures of Gene of but one interpre they e ¢ interpy many because it is well known that he could 1ot have stolen hostiles had the latter desired to retain him 1 their midst * can tell what the cover of darkness Wy impel the No o by ed. At tho days the cordon will ba around the hostiles until the come in pea propose to surrender ¢ die in their defense. This opmion is bolstered the of those who hav ¢ squaws and ehil out iu oceasic the alleged friendlie: retain the feeling peticd them to floe the ming tracted the attention of the Intervals of two or threo drawn more tightly agree either to ably or be whipped into submis- display in aceopting al Milos is susceptible ation, and that is thoy id retaiu their arms or fact that come in the majority from the hostiles en whom it was desired the way, Some bucks and - domesticate with but atthe same time of hostility which im- seney inof Red Cloud is variously His good faith is doubted by of ally away in the mght from the Indinns to undertake. That y have contemplated and do still contem- W Vi wed W fewer than > of headquartars feld could could be done, General Miles today, as if i this tact, extending the br school, he © an atta by allwell informed people. Kk upon this agency is believed That they ore awaiting the opportunity is ulmost an established house frieudhies hostiles it is be the same then be At to the f A number of hostiles last night tr through fuct, in Red Cloud is living in his the midst of the al- At a signal from the ved o will communicate cudlios. Tie ageney could ked from all sides. There are thousand soldiers within 8 Before those stationed reach here great damago prassed with astworks around which will command tof the friendlies’ eamp, He 1 word from General Brooke that Al to breaks i5 lines and eseape to the Rosebud, They found the iine too strong, however, snd retirec Captain Pierce, Pirst infantry, the newly appoiuted agent rived at noon today. to succeed Dr. Royer, ar- Colonel Kent and Captain Baldwin, who leeting the facts in the Wounded Knee © co fignt, eye-witnesses, gathered in the Seventh cavalry, € escort oI n It p S ne ant have today ys, who wil has hwenky Jef in Newark, N but the fact first time, Red Cloud says there dians among the hostiles whom Little Wound to send to the aws Ircady examived a number of The information is being 1 informal manner. A troop of aptain Moylan, left as with' Paymasters Baker and isitall the troops in the been discovered that I troop, n recruit ks whoso home 1., was killed on Woundod s now published for the Phil- of son__ bai are 100 wounded In- General Miles has placed Colonel Shafter, cy. Flirst infantry, in comm the agol 1of thetroops al Sitting Bear and Loog Bull have written cral Miles that they propose to come in Th Nota with their followers and be good Inaian: inquiry into the Forsythe matter is cssing wholly favorableto that officor. PLAN 6, Pixe Rir :b.) 6] Jan In this morning's dispateh, ro was made to the fact oldered v thus far but show Forsythe made the best possible aisposition of the troops at Wounded Knee, will probably be completed tomorro. It Included th 1o extension northern corners of the sehool grounds, to the discover, that Colonel “The inquiry THE INDIL: Killing of a Teacher by His Scholurs, arxey, 8. D, (via Rushyille, Soecial Telogram to Tie enco that Genoral Miles had of the broastworks on and southern and southeast This fact led ‘¥, that one of the plaus of the hostiles, with the assistance of the alleged endlies was to uttack the Ihis soemod chool. improbable, and your ropre- sought inforination as to why the muny sheltered, tack would not be made until afte dred had left the building, indians should I attack of their t was ascer a place in own blood ned that the th which are ate chil- Ihis evacuation was to bo accomplished at but little 1 given signal and immediately pr the scholars wor the teachers, o feat w dificulty iy the work of destruction was to begin, “There Is a blood-curdling oding 1t ‘@ to set-upon and overpower hich they would have accomplishing, Then clement in this ‘The story i3 well authenticated and and hus been brought to He has ta neral Miles' attention, ken the precaution to guard against the outrage, as may be inferred from the fol- lowing areangements, Immediately upon taking comm troops around the movning's disvatches, Colonel Shafter of the First infautry in command of the take every proc In the event of such a surprise the separate troops diately to a de: are 10 hold to the lust. nd of the iled in this agency, as d issued an order to the ofiicers everal detachments te aution to repel o night attack, companies gnated are to repair imme- position which they While the post could be satisfactorily de- fended during the day the H by the breastworks, clikiss and Gatling guns and the four s of artillory, it could not 5o well be pro- wed from the botton been stationed to the hill immediately east, which command | ths positio |ty ¥ ccted inthe ovent of a surprise by night. This order has doubtless boen suggested for purpose of allaying the f ik which exists here, dispatches Late this afternoon ar of & night at- as detailed i today's the Seventh cavalry in which it has uview of the ugency from ien they muy more casily re- pond to a call fromany part of the agency, a ch time, day the Li0o} house thot w night fires we Shortly noticed after the from the © loises of Il Meglgan,"