Omaha Daily Bee Newspaper, March 5, 1891, Page 5

WILL LIVIT LAND GRABBISG, | Repeal of the Timbe: tion Laws Peculiar NOT CLEARLY UNDERSTOOD AT PRESENT Some of Its General ¥ Aftecting and Am ovisions & Scenes He Mistook Capacity. in the Capitol The Wasmn xaroy 1 B F0l1ThEN T STIE Wasiseto March 4. ) wor fngt the now not cor their clai mute, and pay the ¢ outside the railroad limit railroad limits, and t that ) | renching m its s than w mesteaders tm ns one year bef anacr % insido tt © to their ln nt feature of this | practically lands w fin ttlor annuls have proot In many i before the interior dep: f the fand office nave ado by the sottler initiuted been made by the now ponding special agent th the land cither be on wi n sold ssod under mortgage giv w the settior to obtain proof and payment The wct also provides for of sites for resorvoirs and give owne of noy for making final the reservation v frrigation purposes htof-way through all pro States for the build ditehos, Besides tho provisions relating to the acquisition of town and other property interests in Alaska thero is a modification of the mineral Tand laws which will be of considerable bene fit to the claimants, although there may be some diiculty in digesting the provision vel tive to the cutting of timber in mineral President until there provision r mineral vi ortics by the United sation nals and Harrison refused to sign the bill had been o modification of that ating to the entting of timber in ates, and this modification will seriously affect the Bluck Hills distriet in South Dakotn, ns well as other wmineral states. Senators Pettigrew, Casey, Sanders and Allen worked nearly all nigit to bring afiuence to bear upon the prosident to sign the bill, and it was largely through the in fluence of western senators and r ot tives that the modification in the bill was passed through congress at an early hour th morning. Seeretary Noble filed nine sy why the bill should not becom was very urgent before the prosident on in sistingg that o should vetoit. The modifica. tlon passod in tho resolution gives the scere tary of the interior power to regulate matters rolating to the cutting of timber, aud in all cases where the United States has brought suit aguinst people who have removed tim- ber, It will take about ono month for terior department to formulate reg by which land oficers can act. lustr have alrcady been sent to the land ofic directing them to allow no further entries until the rules and regulations of the interior departiment can be promulgated, The iuterior depe=tment offivials ure not quite clear as to the ¢ “fallthe provisions, and it will take seveen. weeks 1o definitely’ decide what was intended m this great omiibus bill. One offect, bowever, is conceded, und that is that it will settle five-sixths of all the con tests now pending before the department. 1t it quite probable that the practical workings of the law will demonstrate the fact. that the next congress will haze to mike some modifi cations of its provisions. There can now be en tries made only uuder the homestead, desert and miveral laws. SCENES AT THE cifie o law, and the in ions uctic WIND-UP, unusual proceeding for se the resolution thank I'wo speakers have faile Tt was 1ot a very the demoerats to opu ing Speaker Reod. t0 geta vote of thanks, while thirte cluai Mr. Polk, who was become prosident, sufferad the ne of the minority when a vote of th proposed hnmediately after the adjourned there were scenes presented in the private room of the speaker, which were sufficiont to consign to obiivion any personal feeling that might have been entertained toward him by one. Quite all of the republican mem singly or i pairs, ealled to shake the speaker’s hand and bid him _goodby Many of the expressions made to him wrought up his feeliugs of gratitudo aud affection till the great big fellow, six feet three in his stockings and weighing pounds, wept like @ child, Several he tempted to respond 1o the per allusions made to him, but tho tears choked his voice and he could only nod his head and squeeze the hands of those who gave evidence of their fealty to and reward for nim. It was truly a lovo feast. And it may be said Tom Recd was never 5o popular with the publicans in congress as he is to- night, for he gave evideuce this afternoon of a regard for friends that he has never before shown. There v scenes in maintained 1, in enough to ative vote was louse times nothing unusual in the closing the senate. That august b its dignity to the last, When Mr. Morgan of Ala ed his mem bership of tho commit on - for. cign relations the first unusual inei dent occurred. The request of M Mor, 1 created as much surprise as a thy der clap froma cloudless sky. No one peared to undorstand him, Half the senators arose to their fect and objectea, Severnl went to him and asked him why he wanted 10 quit this committee, where he has served solong and with so much distinetion, for Mr. Morgzin is the ablest democrat on the con mittee, if not the abMest man on the deme cratic side of the senate in all respeets, The Alabaman simply shools hihead and replied that he was determined to quit the service of the committee. It is soid thatthe adverse criticisms;made by the democratic press before his action 1 endorsing the proposition of the committee on foreign relations place the United States government's credit be. hind the Nicaragua canal scheme was what led him to resign from the committee, Seni tor Morgan has been very sensitive in this matter. He had the pleasure, howover, of na dozen republicans and rats eulogize him and his p sor vices and then of eing the anl mously decline to accept his There were three or fouramu at the of the ser \ tinguished men on the was Secretary Blaine dent Morton's gavel fell for the last ti Senator Ingalls arose from his sea*, walked over to the secretary of state and in the most solomn and impressive manner ext i h hand. When Mr, Blaine had grasped the hand of the Kausus statost tho latter said A statesman out of a § Mr. Ingalls then tur without another word. That staid and solemn lawver and distingn Evarts of New York, whois now a_private citizen, approaching Senator Paddock, chair man of the committee on agriculture, aud author of the pure food bill, extended his hand and said: A rotiving statesman assures hereafter, in family or on fa use anything but pure food."” A beautiful floral pavel was pla. the desk of Mr. Manderson of Net new president pro tempore of the senate. Among the spectators on the floor of senate was Mr. Pefl. of Kansas, who suc ds Mr. Ingalls, Senator Peffer is a very gaunt and *'skinny looking” man with a long, flowing beard that tapers 1o & point md looks as though it were dyed. but T am told it is of a natural color, Some one remarked to M. Tngalls just as he was about to leave the floor : [ see your successor 1s here." The retiring senator looked over his spec- tacles and in his usual sarcastic manner said “Yes. Heis one of those cadaverous per sons that rise to the surface after the explo- sion.” ati blic senate natio: i incidents ong the di oor of the chanber Wnen Viee Prosi ps] b salutes you" ed about “and 1d constitutic lied senator, you that , he will never LEFT 1N GOOD SPIRITS, It has been many years since so mauy men were retired at one stroke to private life as stepped down from public duties today. ‘The pumber is over oue buundred and fifly sena- T in the W v affe reat capitol building DRANK LIKE OLD TIMERS, Beld refre Represe wairman of th il comtnittee, orders u ments for his friends, ho will prob proximate the resilt, Night beforo spread a luneh in the cloak room of the i aud while it was e served, di there was nothing to revive spirits of friends, Turning to two « three of them, he inquired if they *wou have They replicd afirma tively, and when asked what it would be, one hem said: 1 believe 1 will take a milk punch,’* “same for me," *same for me, "’ “samao e, Wi T all wlong tiil probably a had ordered milk puncnes Mr. Belden, who never drinks and knows nothing about tobacco, called a porter and oI him to go down into the restaurant and make some milk punch for the members, and to fotel as much as they wanted Mr. Bel ) then turned on his lieel and went back on the tloor of the house. The next day (yes terday) bill camo to him. Among the charges was one for forty gallons of milk punct tative v iquid MISCELIANEOUS nd Secretary of State Allen, here on railrond commis: Tom Benton from Lincoln, g siow busine Cashier Pord of the Union National bank M Omahia saw cone ress close today The three retiring sk tives leavo for their homes tomorr their families Diring the Mr. Dorsey had wwith last two Bours of tho session inserted i the record as partof his snecch the review of the execu tive work of Prosident Hareison's adminis tration. He said s such document W a calthful condition . that it ought « handed down to posterity in & perma: neut and convenient form {he Indian appropriation bill,as it becomes A law, appropriates $100,000 for the Ol Sioux, and other dly Indinns, who L their homes and came into the agencies dur: ing the recent ¢ This was the re- sult of work by Bualo Bill and Major wked for £00,00 and eatno fing it. At the lastmoment the reduced the amount o $100,000, Buffalo Bill and Major Burke will leave for Nebraska immediately. Perey S, Heam ATE CAPITAL NEWS, The Lindquist Case End Any Sort of Prosec Lixcory, Neb, March 4.—[Special to Tue Ber) —The Tracy-Lindquist elopement case cawe to a sudden ending today and the pris- oners were all discharged from custody. T ho husband arrived at 2:15 this afternoon from Breckenridge, Colo., and immediately re paired to the polico Lindquist said that the whole trouble originatea when Tracy was a boarder at his bouse in Breck ridge, when Tracy paid too much attention to Lindquist’s wife. This treatment the hus band objected to, and the result was a sopa ation and Anna revurned to hee father, L Chursday Tracy showed upat Ruby, aud the fathior ordered then away from tho house. At last accounts Linde was trying to Inake peace with his wife. Tracy left town on the first train 1 Without ion. ion, st A SMATT WITNESS. Judge Field, a jury and Lo ors have b engaged nonn to seeure much needed infor Judge Georee Hilton, who is the witness for plaintifY ‘in the case now on where Willinm W. Dunham as adminstrator of the estate of Mary E. Dunha sues Friend Buell for &,200 d br h of contract The case of Charles Lonzwell vs Greenstone was settled und dismissed. THE KNIGIT'S PRIZE DRILL. Last evening was Pythiannightin Lincoln, and a very agreeablo time was had. Tho Pythian Sisterlood gave n supper, followed by a social at Castle hall which was well at- tended. At Y o'clock at Bohanan's hall the prize drill took place, The exercises wers opened by an exhibition drill by the uniform cank. Addresses were made by Wil L, cellor of Nebraska, and 1aban of the uniform ranlk. owed the price d¥ill for s handsome sword and belt, for the best drilledknizht 1 the sword manual and school. The con- testants were J, J. MecClellan, Appollo divis. wn; I, S, Stretton, 8. A, Warner, Lincoln wision: W. M. Clark, "W, J. Joncs, Robert S, Browneand J, O 7T Lincoln divis. ic They were drilled by Lieutenants Douglas, Chapel and Hornefits and Captam Berger. The decisiion of the judges will be given touight at the armory, wheu the sword will be presentod sUpRENE The following opinions were handed down today in the supremo court Cowles vs Thompson. Beror from Buffalo ounty. Afivmed. Opinion by Justice Nor val State ex rel Short vs the board commissioners of Sherman_coun denied. Opinion by slustice Maxw Staté ex rel Scovail vs Wilson llowea, Opinion by Justic vs Walsh. Mandamus. tdenied. Opinion by Justice Norval otzinger vs state. Error from Richard- son county. Reversed and remanded. Opn- fon by Justice Maxwell tate bank vs towland ps county. Reversed and nded. Opinion by Justice Norva vs_Wilson, ~ Error from Buffalo Aftirmed. Opinion by Justice Max- sove Simon of county 11, State ex rel Aher fra well. ODDS AND ENDS Sheriff Reuben Towne of Thayer vrought in French woman to the day who had wone crazy on reli ccompanied by his mother, Reddish, 93 Washington street The State Detective _association ceived a letter from W. N. \ Peoria street, Englewood, 1L, askix formation rogarding the whereabouts Howard Bru who was former! braska detective, His brothers and sisters are anxious to hear from him Detective Pound veceived word that his uncle, Blijal Pound, a resident of ¢ cwa Falls, Wis,, is dead, at the ageof ninety. Deceased is the Governor Pound of Wise brother living aged iy Dave Rowe hus signed Pl Tomnoey, o sec- ond baseman, and H. H. Raymond, a short stop. Both were with the champon Louis villes 1ast se wd are excellent wen Judge Stewart and a jury aro engaged in nty court wresthug withi the case of lu porting Draft Horse company vs John R. | Orvis, etal. Itis an action to recover moncey | for a horse soli_defendant, whica the lutter says did not il its guarantee. . W. Worthinzston asks the eunty co to give him #4125 from 1% W. Buldwi which he says is due him for bornig a bole iy tho ground for Baldwin, but which the latter ordered him 1o quit boring for him. county ylum to- and has a rt A New Depot for St 1 S1. Lots, Mo., March 4.8 pecial Tel Tur Bee I'ne new Merchants' By Terminal railroad company decided to er magniticent doepot, to cost not less than & and to make it § horimprovements amount 1o ub W0, 000 mor The depot will it on Broadway, between O'Fallon nd Carr streets, aud is o bo from cigat hundred to one thousand feet g n ordinance providing for these improvements is fa tho committee of the municipal assembly, aud will undoubtedly pass both bouses aud re coive tho wayor's approval. THE THE OMAHA o ction. | power slature 1 1o interpre ution of t @ persor ot | Stat govert f the Unit wo moan capablo b i I the word means capable incligibility means incapa that Boyd was ot el at Governor Boyd his state for a sit remarked that words ¢ the courts, w hen usurpers pushoed themselves places that did not belong to the eated nwo meet the emergency, and such offierr w called a governdr, but they put before it the created word, the gual ifying expros defucto,” and we eall bim, not governor, but defacto governor. The fact that Boyd is in_possession does not prove that the title of Governor Thayer was extinguished Tlinyer is the 1st of being ele to be Tt cannot be said was cver governor of jour, 1 have heard it ow, but | find that Governor onstitutional ex ecutive of this state, and Boyd has about him simply the semblanceof power, The whole brief of my fr is upon the propsition that Boyd is the governorand Thayer is_ out Ho mistakes the appearance of things for tho reality. In mylife | have seen Booth play Hanlet to porfection, but 1 never heard it contended that Booth was Hamlet. T have scen counterfeit money pass throngh the marts of trade, but when it was discoverea that tho billwas counterfeit, it wis not moncy, -~ Wo put before it a qualifying word and saud counterfuit bill, counterfeit money. We still retain tho word moncy, and _the word bill, but the qualifying word, took from it ull its vitality and worth, That is my position in this case., There is a wide distinction between tlie occupier of an ofice, aud_the right to hold it. He is not governor. In that same connection Danicl Webster said, touching the resolution_conceruing the right of General Shields : “1 hold most unquestion ably thatthe election was void becanse tho person upon whom the election fell was not compotent Lo discharge the functions of the ofice that was intended to be conferred upo him-thatis to say,to be a senator from Murch 3, 1540, for six years, Now, if he could mot by o seudtor from M 3 for six years, then he was ot eli- ible for thé senatorial term, and it might justas well besaid that bo mignt b clected when hehad been acitizen six years, That is so cloar that 1 think a lttie refiection will satisfy every gentleman on the subject.’ Tmmedintely” afterward that great easoner, John C. Calhoun, difterin tics from Daniel W immediately arose in his place and coveurred in the ovinjon. 1t wis @ case where party was buried under footand the law roso supreme and magniti- ceul in its proportions in the United States senate. Said Calloun, *I_hold that nothing is miore certain than that if General Shiclds is not now 4 senator of the United States, he never can_become such by post- ponement. The constitution is explicit in re quiring that noperson shall be a senator un- less o has been nine years a citizen of the United States. Ifhe isnot now a seuator, there is & vacaney. llinois would have bui one votohere, and that vacawcy must be filled bere according to law, and that he nota senator, is clear because he cannot p form duty belonging to the senatorial office unless ho has been naturalized nine years previous o the commencement of his Senatorial term.” 1M1 apply words of John C. Calioun to this case, it would be that Governor Boyd canuotporform one duty of the office of gov- cruor, because he has not been a citizen of the United States two years previous to his ction, The next question was the General Shields, and upon that subject thero is mueh instenétive reading which wonld throw a great flood of lixht upon the questio butl am limited in what 1 have to sy upon that Danicl W ebster said, “if the eloction void, @ vacancy cannot be created by resignation, There is a vacancy already. Thereis nothing for General Shields S0 Semator Berrien said: It ns tome that the indications are ver clear that it is the opinion of a majority of he senate that this dection was absoliitely void at the time when it was made, and if f noother cause, because the individual elected was not qualified to take his seaton March 4 Last, on the day »when by the constitution his senatorial term was 10 commence, position of the senator from Massachusetts is perfectly unanswerable. 1f this clection was void the ofice las nover been filled since the expiration of the Last senatorial term.” Lt 1tis contended that Goverior Boyd filled th pl So said Senator Douglas in_answel enator Ber “He has filled it Senator Ber , “not at all." Further al or' Butler said: “Tn asmuch us 1t is reputed that he could not thetimeof taking bis seat show his qualif cation was complete, I must be permitted to say that | am clearly of the opinion that it camot. be waintained, that he ever hada valid title to his seatat’ all. That his elec tion conferred upon him no title, You 1 qualify it b o voulable or void if you pleas rosult is the same.”’ So your honors will see that tho same question was there presented and chero considered. The void theresult was the same in the the constitution: that be could not keep the and therefore he never was senator. When the final vole was taken the resizr tion of General Shields was laid upon th table, and the senato finally voted without division, adopting the resolution that the clection was Void. Wheu your honors come to look over the classitication of the names who voted upom that proposition, you will observe that there were such democrats as Mason of Virginia standing side by side with Webster, aud there was Dayis of Mississippl voting si by side with Seward of New York, and is not that a sullicient_answer o the argument ol my friend on the ot e that that vot was divided on party or political lines Let me invite theattention of your konors foramoment 1o a judicial deeision to the some effect. ] referto Mr. Corliss of KRbodo Island. Oneof the centennial commission ers had been elected as presidential clector. Under the constitution he was inelligible t bea presidential elector. He conceived tho idea, that this election was simply void able, or valid untii adudicated invalid, brother Howe suggests, He thought flice .t he could resign 0 vacaucy in which somo it step by appointment o otlierwise. Tho Rhode Islnd court coucludes that opinionin this wise: **Bofore any per- son can decline under this section he first No person_cau b who is ineligible, or in_other words, incapn ble of being clected, Resignation, siid Lord Cockburn, implios that the person resigning has been dlected to the office that he resigus. A man cannot resign that which he titled 1o, and whic cupy.’ Llay downthe proposition and I think I am ableto maintain it. That under that provision of the constitution of this state no successor to Governor Thayer has ever been elocted; as adwittel by these ron murrer that the charge in the information that Governor Boyd is not a citizen of the United States 15 true. If true, he is forvidden by the_ constity tion to hod the place. Not eligi- ble weans not capable of being elected. your honor's will take oceasion to tum to detiniticn of that word eligivlein the tury dictiona.y just being publistied which is supposed tobe the most extensive work of that character ever produced from the pres you will fiud the wora elizible to be defined incapable of being elected. Not eapabie of holding oftice, Disqualiied from beiug clocted. Disqualitied from holding oftice That is what the word means. The courts tave said precisely the same thing. | cannot take the time that might otherwise be do sirable by going through the numerons authoritics in which the word has been defined. | may make ence to oue or two, but I must leave it for the preseut with the stutemient that every judicial opinion that can be found in tii library defining the word eligible m rolate back tothe election and does not con fiue it to the meve right to hold office. They putit upon the proposition thut if be wis ericil in poli resignation of ubje wis to but is not ou- ne has no Fight to o refer DATLY BOYD-THIYER CONTEST, | | ties | of i ) BEE: ' HURSDAY. MARCH ¢ 4 > The old “cock-and-bull” stories of “Smith, who busted,” “Jones, who burned out” and “Ole Ol - will not be palmedoff on our patrons this ycar e i st et — e ———— have the goods and it matters not how we got them. sell them o cheap thhat some e e e e e, e e 2 2 e e e e e e e e e e e sarcastic people may think we stole them, but that matters not; we have them can have them, 0o, for less money than any other house 1n the west can furnish them to you 0 sen’sstock that got lostin the shuffle,” and yvou - Who Saad - : Quvercoalts. [lats? / L | Mothers. | We have them for g4, if you want ; head, for wve ‘em; understand, though, that they are not g1o coats, but they are eye-openers for $4 In the pastour Children’s Depart ment has been Why we do, and there man in town dares open his offer—— IFine fur stock of all the latestblocks from a onc-inch brim to the sizc of a Quaker hat, in Dunlapand Knox Blocks For Only 98ec. 5 The same square crowned Rail- road Hlat that was popular with us last year at $2.50 we have promised the manufacturer to sell atleast 5,000 of. There is but one way to do that and that is to name a price—-we say §150 for That Iat. Thatmay scem impossil ised you no “cockund-hull though it may come hard, We won't 1y much about Poeket Hats andd Crush Hats, but we have more of them than some people have hay, and the price will be right, somewhat neglected, for the want of space to handle it properly. all been changed. \We have an ample and roomy Children’s De partment in our store, and we have put in onc of the most tremendous stocks of children's goods evershown by any house | | in the city. | | This has now However, we have a $6.50 and $7.50 Overcoat, in four different shades of Mel- tons, with silk facing and silk sleeve lin- ings, that needs only to be looked at to be appreciated. We have over Children's Waists in stock this day. They are all the newest and latest designs. We have the very lateststyle of half box, 5 rows of stitching, silk sleeve lin- ings, and in every respecta complete Gentleman’s S 5,000 50 pring Overcoat, at g 10. Our j5c¢ waist is as good asour 75¢ | waist was last season, Our Children's Suits start {rom 3 to 15 years old, ranging in price from ¢2 to any reasonable price for a boy's suit. We have paid special attention to suits for short and stout boys, so bring in | your plump and fat fellows and well fit .| em. | And if you want to be way up in tone; we have Suits to match them. To the young man who wants tosce a few novelties sweeter than the first rose 5 L hut of summer, we say come in; our Over- and wo have will s vrom- tit, coats are on exhibition, and we will be glad to show them to you. Thelong and short of it is: We are in the swim, and let those follow who can. THE OLD RELIABLE HELLMANS, - - 13th and Farnam Their journey will be rough and rugged. put it, | cousti- ontinue in which the when the | disqualified from holding office he was in- hibited from being clectod. 1 want moro particularly to draw vour honor’s attention fo his construction of two otlier sections of the constitution. The one relatine to the term of oftics of the governor und that relat ing to the rights, powers and duties and priv- iloges of the lieutenant governor. That pro- vision of the constitution relating to the licutenant o' r provides that in the case of the death, absence from the state, impeactment or other disability of the gov- ernor then the lieutenant governor may per- form the duties of tiat ofica, Permit me for moment to anaiize that suggestion. The Sectron of the constitution referred to has in it the provision that the licutenant governor take upon himself the duties of that ofice where there officer, my friend but oo officer under Lution of this state which sbal the office by virtue of that powe: peopleof ilis state clothed hun ction took place two years ago. 1t was a continuing authority under the constitution hshall never b defaced until the people t & successor in the manuer known to the law and one so elected possessing the con stitutional fituess to fully aceept and verform the duties of such oftice. A case reported in 1sth Gratton where sre was a failure of election and qual ation of 4 successor to Governor Plerpoint Governor Pierp held over after his term nad_expire speaker of the scrate clumed to bec governor by re of | nothir disability | that contingency. Thesuprome court in that | t ehing to what? Tho constitution | case held that until there was an election and Gays disability of the govemor. It | qualification of a governor that Governor Jon't say disability of a defacto oficer. It ! Pierpont’s term of office had not expired and Wt <ay disability of a persou not constitu- | that ne was lawfully governor, ‘That is pre- tonally elected. 1taon't say the disability | cisely the question here, My friend further ofa person who i3 prohibited from being | critivcises cme of \West Virginia of Povernor, but the very words stung to- | Goff vs Wilson, but he did uot refer qher In the scction refers to an cxasting [t the ease ' of Carr vs Wilson governor, who is a reality and not fiction. [-Look at the facts in the two cases, When we use the word governor inthe con- | The returnsas depos ited in the ofice of the stitution of this state wo mean a governor | secretary of state disclosed the fact thatGov- | the oathof oftice, had qualitied and was in Gepure, & lawlul governor, Tho word gov- | ernor Goff received a majority of allthe votes | possession of thoofice. What botter primn ernor in that section does not re eto anof cast. He took the oath of office and gave the | facie evidence could be desired ¢ There were fleor that is possos: fos that for- | bond. So fao as formalitics were concerned | two ways of determining a lozal title to bid nim_bew is no [ ho was qualifiea and he did qualify. He |oftice. One was by quo warranto and division, limitation or resorve of the word | sought to obtain possession of the dociments | the othor by contest. Nothing could be fovernor dejure. And further, that section | from the outgoing governer, but thesupreme | accomplished in cither way for weeks, Hero Sfho constitution says in the same section ycourtof West Virginia said in that case, | was the straignt legal title. W hat were they That the licutenant governor shall perform | you have not been clect and qualit | going to doabout 11! Nance, the boy, they tiose dutios 1 the case of disability or ab- | flea in the manner know the law. Wot governor, although he held the or vacancy for toe residue of | The speakerof the senate was preciscly the | office, butsomeone who had gone before him . It presupposes the clec- | sameas the lieutenant governor here, and | was the governor, but nobody kuew it. iHow tion of @& goverior, who enterod | claimed the office of govemor. Said the | ridiculous! Somebody had said thal Boyd upon the perfomatce of duties | court to the speaker of the senate, you canuot | was this and that and that he had fourht and left the resiaue of the term unfulfilied. | take this ofice until a successor has been | duel. What proof was there? 1f somebody Tl we should o to the extreme thatmy friend | clected to Governor Wilson, in the manner [ said it, did that settie it ¢ ) contends for in that section of the constitu- | provided by law, clothed “with the constit Mr. Howe then took up the authorities tion, them your honorsmustconstrue it to | tional qualties to fulfill and perform which had been cited by counsel for px-(Gov mean that the licutenant governor becomes | duties of that ofice, There, if rour Honors nor ‘Thayer. As to the West Virginia governor in the case where you fail to elect a | please. is prociscly this g et iha At Ea o w wh st o i eh | wovernor, My friend, upon” the other ha Without further argument 1 submit the | brought into court, some of them having bee: would have you ~ construe that , togetherwith the printed briefs, | spumed by the feet of the court a Iy. Ho stitution to mean that the lieut further eonsideration thon talked of the Novada and Ponnsyivanis governor beeame governor in all e al Webster was followed by Judge | cases and showed that they had no beariug Whore 1o governor was elected, The consti- | Mason who based his aveument on the con- [ on the case n don’t say that, @ sprehel stitution provision defining the qualifications Judge Mason endeavored to icad Mr. Howe is not within the provine ur for governor. He characterized Howe's ar- | intoa metaphysical disquisition on~ disability extend the powers given to the gument as proceeding upon the presumption | aud eligibility withont suceess, and thus the wovernor by the cousttution beyond the | that tking the oath of office and giving a | argument dlosed in constitution which are | bond was the only qualifi n requived. He Judge Cobb s cifically provided for. 1f my position, | defended the course of sGeneral Thayer and | decide therefore, is right, that under the construc- | his counsel and closed with a tribute tothe | ce tion of the word cligible, that you canuot | character and worth of Governor Thayer. or ¢ cleet a foreigner tothe office of governor of - this state, and as the senate of the Unuited Mr. Howe Closes, States said, there was noelection, the caseis | In the afternoon the Thayer-Boyd quo W 1to argument was concluded by an clo precisely the same as if there had been quent and forcible review of the arguments 0 Duilots cast for governor at the as! eleetion and in such case the con- b, slogion, B 1o AR (e o adduced by the atiorneys forthe ex-g M. Howe said that tho law stitution dow't provide that the lieutenant governor shall perform ke duties of wov- emor, but the constitution upon the other | that within ten days the inc hand has another provision which must be | the gubernatorial office should borne in miud, and the two construoed to- | otherwise the latter would gether, wherein it 15 declared_that the gov- | claved vacant. Had Thayer tht emor dlected shall hold the ofiice for thepe- | The gentlemen on the other side had made riod of two years and until his suceessor is | no suowing, admitting all theie law and elocted and qualified. So that fivst in_order | facts, that he was entitled tothe seat. The Stand these facts : The-constitution declares | judge, b bad held that the ten days the governorin ofice shall remain in ofiice, | dict not begin until after Thayer bad ascer the governor de clothed with the consi- that he was a hold-over governor, 1f tutional power to . fulill the du- or did not ascertain on January 6 that ties of that ofice until thero s a hold-oyer governor, whet: would he shall have been olected a governor | ascertain it! Would 1t be tiis year or would constitutionally qualifiad to be elected. I | it benextyear? He then complimented Judg have classified and arrasged in my printed | Masor upon his cloguent efort and agumont o large nuwber of autnorities | on what pretease that showing the interprotation which must be | claumed theseat. It was s as would the on the constitution with both o man's farm or his office away ality would the state spie of “the cow Alth, And was 1eft o Thayer to raise siehu question ! take n man's oftice from him on such a techni searcely distinguishable fre Aud thus it was that Thaye 3 constitution with both feot. It itile (0 o on with this case if it was true that Thayer could in no event nold the oftice. It would be a waste ne to go on wd only b 1de, perlaps wonths from now, ild maintain the action that there was dings referred ors whoshould hold thes wero elected and feet. To take fromhim on NOTICE TO DRUGGISTS. Inorder to satisfy the pub= ' lic that we mean what we ad— | vertise, you hereby notified that ir ther any complaint made, orpeople are not satis- fied with the of the Turkish Remedies, that is Turkish Tea, Liniment Cough - Cure, Asthma Cure & Hahn's Golden Dyspepsia Cure, to nc hod i the piase. | tify us and return empty pad sibernatoril | age, and we will cheerfully re- fund the money. lisirvac is eflects s matter of all execntive ofti oftiee unil theirsucessors qualificd. If the gov the lieutenant gov When the incumbent of chair assumed it with peim of election the title to ofice of crnoris Governor Boya hud with the bost of evidenee. He hud b elected by the pe ad the mo votes, had been declard ¢ had taken is a Sy Respectfully yoars, Turkish Remedy Company, Omaha, Neb. PHEN(fi LINIL CURES the heal plication COLDS CATARRI W ivery HAYE R DR S EARACHE, nstantty Iy BOTT LY POR SALEE BY ALL DRUGGISTS Prepared only by 1 PIENOLENE M EDICINE CO Barker Block, On Omalia Nedeal anl Noreial INSTITUIDES uestion i CENTS A nant o8 i, U8 honor lieut id the 10rrow court would to whether probably the pro »Lion Western Postmaste Wassineros, March 4 gram to Tur Bre. |~ ters were appointed Rogers, Colfax count Vetter, resigned Towa: Otrando, Mitehell comty, Miss Van Camp, M Van Camp, Smiyria. Cl nty, Jeming vice 5. Bennott, resiged South Dakota: Holabird, H Harris, vice A, B, Tiles, resi Yankton county, L. Suy removed ; Lodi, ¢ Masson, 1 Special Tele e following postmas. today: Nebraskn VS M. J, Couboy, vice P, done AL sid, rigats ay' cotnt boad vice ( i iinader. Evo. ¥ Do Wit only pil Mo Boske et an sked | curo sick headach rogulate the bowels, | have Lty adiedt oy i | put upon the word “suecessor’ and upon the | ment that he *stood upon the stit m Marri AL Blood Diseasos s word “quaified” as used in the constitution | “Yes,” continued Mr. Howe, “he stoo The following ¢ o nstmentt sent and I subrnit to my fricud who opposes men | it not only with one foot, but with two feet.” | suod yesterday pcked. o marks to i “ this contest that te witl “fail to find Judge Nance, it was said, was notelizible 10 | Numeana addross P R A LT thority that disngrces’ wath the proposition | the oflice of ¢ Décauso he was not | V3 S M wrADBOr oir BOOK 0 M ¥ which T am abut .to state to the | thirty yearsof age when el s required | 3 1l AL BT aken Vale. N I'N ervous Dise court which is thatno successoris elected | by law. That geuticman was twonbye | § Tines i Qutior ers and qualified within the meaning of the con- | nine yoars and i days old sover- | 4 Juther s Guer stitution unless he ba wperson for who was | cientyof thestateignored it ome | { dwin b ¢ capable of being elected, who was clothed | techuivalitios so void of deceney that the | § 8i) with all the constitutional rigits o perform | sove ity of the state w spect. It the duties of that office. And turther that | was not iess u erime to rob i man of an offico | when any pason undertakes to qualify by | on a technicality than it was to voba wan of simply taking the oathof office who 15in- | a farmon a fechnicality, And ye is 1 capacitated from performing the duties of | was standing on the constitutio v thut office under the law and constitution, | this man? e was a man who has held of that he is pot qualiied within the meaning of | fice for thirty vears 4 that time has word in the constitution. That | not earned o dollar in legitimate busivess identical question has been decided | What kind of & citizen was James k. Boyd! i nany staes. Way back He hud come to America from Treland whe carly us the 9th Penusylvania (past report) | a mere lad and had moved 1 this state they declare the Jaw to be thut no per- | thirty years He came S0 ¢ ed and qualificd un ter, workud a carp e tme e has been foremost in the rank: shin. Who has done mor And yet Thayer, with suc 18 W st 1 A WOMIEN Little W | wspec arriage licanses wore s il Waterlon Waterloo dounty Aldrosnll Jo Hise diin: Dr. A, T.McLaughlin, President, Ox, Ol 0th and ey Streets, O ua Neison, Oniabi 3 s KERVE AND BRAIN TREATMENT, bt There wer Cass s ol Suit. € Tvy Millur for Nyteris, Dizsinms, it 1a] e priast o, Ko e MEY 020 o e 0 . as x use e B B . JagoBSth | S e | REMEDY. SfiffNSc{(l,gsg‘E\i?s FREE s s he ' s to and performing the du of thiat office, and that is what the word nean in the statt ndin the constituti urcountry, Ifthatis ther meaning Boyd is aot a citizen beca cannot bo said, when you admit that ( catne from Ireland the pres ornor Boyd is not a'citizen of the Unit but o lad of apout nine year States, thist he was ever clected or ever qua s father did ot ta ified within the meaning of the constitution The sovereignty o a3 the suecessor of Governor Thayer, And i 80 low uot the undor the constitution: | a technicality, and bo did not think that even Goveraor is not & hold be honoravle judge would doso Who stan. Thuyer IR L . L A AL over i the