Omaha Daily Bee Newspaper, May 7, 1891, Page 4

THE OMAHA DAILY BHEE THURSDAY., MAY 7, 1891 DAILY BEE \\A:\'l ER "J'Y.V‘Ih. PUBLISHED EVERY MORNING. TERNE OF SUBSCRIPTION, Dally Bee Ithout Sunday)One Yex Datly and Sunday, One Year );\).nmh(! Thre nonths, nday bee, Ono Ye 4800 uth Oninhi. mineree, Chioagy ¢ M \ A ine Bullding New York, ool Washing ton, b1 Four ConRt editorinl mutter should be ud Editoriai Departn BUSINESS LE ness letters and o The BRe, Al by 1001 e es should e addr Omabia. 1) to ho m pany. The Bee Publishing Company, Proorictors THE BEE BUILDING SWORN STATEMENT O CIKCULATION. Ftate of Nebrisk County of Douilas, Georee 1. Teschuck, secre ublish company, docs sole that the uctual cireulution of Tity for the week ending May 2 i follows Kunday. April 28 Monday. April 2 Apr \y, Apr Thursday. April Fridny, Moy | Baturdiy, May [ bss v of Tnr Bee | v swe: Average., Eworn 10 Vefol presence this duly sworn, de- tany of Tuy BEr ciunl average DALY Bre 1800, 20,180 Usiys that he Oupiiny. that | utation of ' nonth of Ms for lune, 1810, L 1800, 20,162 coples; for prember, 1 0762 cop 2 plosi for Nov SCHUCK, d subserited In omy 14401 Sworn to before presence, this 2d du A DENSE fore has shot up around coln, like Jonah's night. the gourd, in a single Wit o 30 per cent duty on Canadian barley, the American crop ought to bring good prices. The duty is prac- tically prohibitor THE printing committee of congress has concluded that the Congressional Rec- ord will be a more interesting newspaper ifit shall be givenan editor. 'The coun- wry will grant the truth of this propo- sition. PORTLAND, Ore., received the presi- | failed in the latter states, | electorar vote of Michigan is 14 | that it w dont in tho rain, A vain nover damp- ons tho ardor of ecitizens of Oregon’s motropolis, They feel best when it rains. The ladies wait for a shower to do their shopping WiEN Rudini reads the report of the grand jury at New Orleans he will naturally conclude thaf the subjects of King Humbert~gave great provocation = hiose of Louisinna and that the lynch- g party did not dispose of all dese rv- ing victims, RussiA talks of filing a cross-bill in the Behring sea controversy. There is some merit in the suggestion that Russia and America should settlo the matter betweon themselves and warn England that further poaching will awaken a protest from both countries, THE telogram of congratulations from the tomb at Fremont is not likely to galvanize the corpse. It only recalls the fact thut during the late campaign the defunct candidate had no use for Governor Thayer and would not even honor him with a call for a campaign speech. DEADWOOD knows a good thing when she sees it and holds to it with tenacity. This is why she voted almost unani- mously to bond herself for $100,000 for public improvements and olected Sol Star mayor for the eighth successive term. If Deadwood had a first class hotel she would be metropolitan, —_— GOVERNOR BOYD may lose the emolu- ments of the office of governor, but the famo of his incumbency will go down to futurs generations. His cnso will be n procedent after it is passad upon by the supreme court of the United States, to which courts and lawyers will rvefer so long as courts and lawyers exist in America. —_— THE astute politicians who originated the movement for ousting Boyd pr ofes to have done invaluable service for the ropublican party. They remind us of the chess player who was flushed with vietory when he captured n knight or bishop only to lose the queen, They see just two moves ahead, but when the game procoeds on the political chess board they will find themselves stale- matod. ARAPAHOE is justly indignant over a circular which has just been distributed in the east p o for help for the destitute and opresenting Furnas county farmers to be in a sturving con- dition. Furnas county is woll out on the frontier and times there are hard enough but there ave no starving families, The solf-appointed solicitors of aid are doing tho western part of the state almnost irreparable harm. — THE concensus of opinion among emi- nent attorneys is that the decision of the state supreme court regarding the eligi- bility of James E. Boyd may be taken up to the supreme court of the United States on a writ of ervor. Iuasmuch as the issue is one in which the people of the state have a deep interest, it is to bo hoped that steps will be taken to carry the case to the highest judi- cial tribunal of the land. It is not a question simply whether Me. Boyd shall or shall not resume the place, or whether the men who were bona fide citizens of Nebraska before she entered the union were made the peers of the citizens of all the other states on her admission into the union, just as the citizens of annexed territory, like Texas and California, bave been when thoso statos wero admitted to the union, CHOOS T SCTORS BY DISTRICIS. The democratic legislature of Michi- gan accomplishod what was proposed by the democrats of Ohio and Nebraska but vided for the election of presidentinl | electors by congressional districts, with | two electors at large to bo chosen, one from the eastern and the other from the weostorn portion of the state. This in- novation is interesting and important as introducing a now clement of uncer tainty into the next presidential elec- tion. Under the new apportionment the For 10 years the democrats have never carried less than two «of the congressional dis- tricts, and L year they carried ef The state was re-districted by the legisiature need hardly bo ndered with a view to holding a majority of the congres- sionnl districts for the democrats. If this can be Michigan may give more eloctoral votes to the democrati .andidate for the presidency next ye than to the repubiican ndidate, al- though the republican vote in the state should be largely in the majority, and the democrats are confidently counting upon securing not less than one-haif the clectoral vote. At any rate Michigan taken out of the repub- lican column in estimating the possible result of the next national election, and donoe must be ! the question as to how her vote may be divided will be an added source of plexity in political caleulations. Althongh the democrats of Michigan elected their governor last year and the of the legislature, finaliy control of the upper branch by hera can be no doubt that the te is republican. This was shown by n of the present year and is the political history of the state for a number of yveurs, In 1888 the vepublican plurality nearly 23 000, and there is o ve to believe it would not be ma- tevinlly loss now in . national contest, But whatever the vepublican mujority muy be, under the new arcangement for choosing presidential ¢ ors, the foree of half, and possibly more. of the repub- lican vote will \ly nultified, the cffect be s if the party the lower gettin proved by son of stutes having balf as votes as Michigan, [t 00 purpose to condemn democratic legi ceptional eircumstanc but unfairness ought to be obvious to the wost strenuous partisan, whose preju- dices not so strong to preclude him from discriminating be- tween right and wrong in politics. In the earlior history of the country a few of the states had this method of choosing eloctors by congressional districts, while in some they were elocted by the legis- latures, and the abandoument of these mothods was the result of popular con- viction that the plan of choosing electors by the vote of the states as a whole was the fairer and safer way. 1t is to be ad mitted that there are objections to thi: practice, and if the distriet method pre- vailed in all the states it possible ~that it would gonerally result in giving a more satisfac- expression of the popular prefer- But the action of the Michigan legisluture cannot be justified as being intended for this purpose. It 1s an example, however, that is very likely to be followed in other republican states whenever the democrats shall have power to do so. republican many electoral is, of ¢ A S this action of a n under ex- urse, to its re as ence. THE RESPONSIBILITY FIXED. The democratic press has been vigor- ously endeavoring to creata discord in the administration and incite a rapture between President Harrison and Scere- tary Blaine by giving greatly exag- gerated importance to an editorinl which appeared in a late issue of Frank Leslie’s Iliustrated Newspaper, in which it was stated that Mr, Blaine would not be a candidate for the presidency in 1892, that he was loyal to the president, and implying that his influence would be exerted for the renomination of General Harrison. The fact that Mr. Russell Harrison has a floancial interest inthe journal that gave editorjal utterance to this statement was made a reason for as- suming that it was inspived by him, was probably made with the knowledgo and approval of the president and was there- fore authoritative. A great amount and varviety of com- meat has been made upon this publica- tion of what was assumed to have come from a source very close to the pr dent, all of it of a character designed to aunoy and irritate Mr. Blaine and his friends. The term “loyalty” has been dwelt upon as offensive und ali the in- genuity of perversion hasbeen employed to demonstate that there was a studied purpose to disparage the sec tary of state. A foew of the more ardent friends of Mr. Blaine have allowed themselves to be betrayed into expressions of resentment by the persis- tent nagging of the opposition press, and bave said things not altogether credi able to their common sense and dis- cretion. It ought not to have been be- lieved by any thoughtful republican that President Harrison would countenance such a declamation ns appenred in the Prank Leslie newspaper, and particu- larly so in view of the fact that his son is interested in that journal. 1t is a poor compliment wo his judgment to sup- pose that ke would not see ata glance the irritating and embarrassing effoct which such a statement must have upon all concerned, and that if made with his knowledge and approval would hurt rather than help him in the estimation of his party. General Harrison has some claim to sagacity in political af- faivs, and consideration of this forbids the presumption that he had the least knowledge in advance of the publication in question, The responsibility in the matter, how- ever, has boen fixed, to the complete confusion of those who have been indus- triously seeking o foment discord in the republican ranks and to draw from Mr, Blaine some public exprossion on the subject. Mr. Arkell, the prin- cipal owner and responsible ed- itor of thoe jourmal in which the much-discussed editorial appeared, states that it was written at his instance, that Mr. Russell Hurrison knew nothing about it before its appeurance and had telecraphed his disapproyal of it, and It has pro- | that the only person responsible for it in any degree is Arkell himsell. It is hardly to be expected that this will bo accepted as conclusive by the editors who have been having a cheerful time | in prodding Mr. Blaine, but it will be by everybody else. The truth is that Mr. Avkell is a shrewd man of business, and it is not to be doubted that in mak- ing the unauthorized announcement he was prompted chiefly, if not altogether, by the consideration of p to result from it. At any rate his state- ment is a full acquittal of Russell Har- vison and destroys entirely the assumed ucter of the disturbing which represent Mr. Blaine as greatly annoyed over this matter, and as having given expression to his displeasuro to persons whose namos are diserectly con- conled, are not entitled to the slightest credence, The secrotary of state is tvo old in politics to be seriously disturbed by sensational newspaper utterances, and it may safely be presumed that the relations between himself and the presi- | dent, with respect tothe present and the future, are mutually satisfactory and will not be affected by anything the anti-administration press me ESTABLISH FLOURING MIIL The action of the Nebraska Millers’ ssociation in taking the preliminary ting a flour warchouse another of the steps toward loc in Om: illust benefits of the warehouse bill to this city and state. There alarge num- ber of flouring mills in the state, and with o proper storage center for the sur- plus others can be established. Moreover, the building of a public flour warehouse in the city will open the eyes of Omaha capitalists to the fact that a very large proportion of the flour used in this city and state comes from Minneapolis and St. Louis. Omuha can- not hope for the water which has made the Minnesotn city great, but St. Louis mills are operated by steam. There is no good reason why Omahs should not estublish extensive steam flouring mills. If Omaha becomes an important grain market, as she will, flouring milis will follow as a matter of course. The no reason, however, why these ente prises may not pato the import- ance of the interests centering here, by providing manufactories for that grain. A huge milling interest is entirely practicable. The benefits which may be derived from the warchouse bill can hardly b» overestimated. The more the subject is considered the more public interost at- taches to it. The board of trade might very profitably take up the milline idea and follow it long enough to secure some handsome returns in the way of invest- ments and employment of labor. is FIGURES FOR THE ASSE Before the assessors make their final returns on the assessed valuation of the franchised corporations they should as- certain how much the property of these companies has been bonded for. When a company can mortgage its property for millions of dollars the value of that property must certainly be equal to the amount of the bond. Last year’s asse ments were just one forty-second par the bonds of sued by Omaha franchised corporations, while the property of the | assessed at one assessors offer for average citizen was What excuse can such favoritism? Look at these figures, which repr last year's valuation of the frar corporations: OMANIA STREET RATLWAY COMPANY. Capital stock paid up. 5,000,000 Bonds issued 1,500,000 Bonds umssued . 1,000,000 Assessed $061,175. City tax paid.. County tax paid. State tax paid. AMERICAN WATERWORKS COMPANY. Paid up capital 3,000,000, Plant bonded for that amount. Assessed Valuation, $25,010. City tax paid County tax State tax. Florence asse: OMAIIA GAS MANUPACTURING COMPANY Paid up capital, February, 1850, 00,000, As:essed Valuation City tax paid....... County . State THOMSON-HOUSTON ELECTIC LIGHT COMPANY. Capital stock, February, 1590, .8600,000 iFirst mortgage bonds. + 400,000 Assessed, 13,075, City tax paid County State.. $ 519.65 167.14 LEGAL business grows with the city. The docket for the May term of the dis- trict court has 150 move cases than that of any previous term. The move judges and lawyers we have the more cases in court are commenced and earried through to a hearing. The expense o the courts in this county is a tremendous but apparently necessary burden. FAST avenue and Hill streets are a long distance from the center of popula- tion—outside the three mile civele. Tt is nonsense to charge the cost of grading them o the city’s* share of the county road fund. The ‘‘three-fifths” clause was inserted in the charter to provide for such improvemen ts. A MOTION to reconsiderand lay on the table in a single breath isa pailiumen- tary combination never discovered until it made its appearance in the Omaha city council. As a squelcher it proved decisive when applied to a five limit or- dinance. Now that Health Commissioner Gapen is sure of his position it is to be hoped he and the county physician will so ad- just the duties concerning which they are in controversy as to avoid further public discussion of the matte SENATOR MANDERSON is en routo home. He will discover when he ar- rives that his prosence was needed months ago. —— THE city attorney is paid a salary of 3,000 por nnnum and s allowed a sten- ographer. The assistant city attorney wetical benefits to his journal likely | is pnid 82,0000 ¥par and ho is allowed o stenographers v Dhe city prosecutor will t bo asking’ ¥at he also be furnished with a stenggmapher. The city at- torney’s officadsrapialy becoming an ox- pensive luxury, '’ PENNSYLVANTA pays $2,000 a day for the militia whpare guarding the coke regions. This. naturally raises the question of how long the strike would continue if the,fibsidy were withdrawn or the coke.imanufacturers were com- pelled to foot the bills. ——— THE gentlemen who have been given military titles by Governor Boyd cannot be deprived of them whatever is done with “he positions they represent. A military title is beyond the reach of the supreme court. Tie wildest of wild-eyed gossip is al- ways sure to find credulous ears at our state eapital, and nobody need be sur- prised at any story about plots and counterplots from that quartor. TF THE 1 will eall Omaha Omaha than San can committoe the national convention at they will make no mistake. 1,800 miles neaver Chicago 800, THE vote on the Douglas street grade ordinance was practically unanimous as it should havy oact of this council is of more importance to the city at large. tional reput is been. ONCE more we have the Douglas street grade ordinance before the mayor. COUNCILMAN Specut cavries Mor- rissey’s scalp in his belt. The Garden Spot. AL s m Globe Kunsas this year prowises to harvest 60,- 000,000 bushels of wheat. Let eastorn edi- tors continue to wail for ‘“poor arid mort- d Kausas, — Anott Value. Topeka Capital. Formerly, when a Kansas farmer looked at @ grove on his farm, ho looked at it with an e to its value in wood. Now he considers ouly its advantages as a place to hold an al- liance picuic. 2 for Politics. Denver Sun. in the legislature are not auxious ubout their erops. They opposed a resolution to fix the day for final adjourn- ment. Perhaps the farmers at Springficld ae like Jerry Simpson, and have given up plowing for politics. e The Men Who Make Tariff. Glabe Democrat, The Milis democratic tariff bill of 1883 was afraid to touch sugar and_ left the tariff upon it »t 152 oid rates. ' The MecKanloy bill hit it squarely. The men who make tarifs are the men to reform and change the tariff in the interests ot the pe Plow The “‘farmers" New ¥York Herald. A fow days ago a Minnesova man stolo a sawmill, and now.comes the story of a North Dakota man stealing a barn. It is lucky there are no very High peaks in those states. Somebody might ¢hmb up and steal the firmament right out from under the augels’ feet, ‘ e e His Home is Heaven. New-York Sun. The story that Mr. McHale, the Minnesota legislator who made himself famous by in- troducing the “anti-tights” bill, was only joking is absurd, He was dead in carnest. He is that kind of a mau. Why, he won't even suffer a leg of mutton te be brought 1o his table until it is dressed. - Traveled on His Face. leveland Lead:r A wealthy New York Chinaman could not procure a passport, but was informed that he could have his photograph taken and travel to China and return on that. He must be an unusually good looking Celestial to travel thus far on his face. The majority of his race would find it difficult to get farther than the point of embarkation on their good looks. e PASSING J ESTS Denver Sun: Old Duffer—Is that black hair aud those white teeth yours, my pretty maid? Soubrette—Is that white hair and those black teeth yours, sir? ske said. THAT WAY, AND NO OTHER, Freo Press, 1 love you so, 1 love you so.” He whispered low to Carrie; And that is why, Dear one, that 1 Aw disinclived to marry,” Chicago Tribune: Street Car Conductor (in densely crowded car)—Move up, there! Move up! Gasping Passenger—No use—try- ing. A man cun’t-—go to heaven—on—this line! Atchison Globe: There is a great deal that is suggestive of heaven in a child asleep, and sometimes a suggestion of another place when the same child is awake. Ram’s Horn: No man knows how despor- ate a woman can look until he has scen her undertake to rde a bicycle. Pucl The Chief Requisite, ~Kitty— You're an ideal chaperon, Mrs. Lightly, Juck—Yes; you're simply “out of sight." Harvard Lampoon: Mr. Jones (as the grizzly draws up on him)—O! why can't I re- member whether 1t'8 & grizzly or a brown bear that can’t clib a tree! d's Washington: *Ten days for drupk,’” said the judge. our honar,” said the prisoner, “isn't to dischukge me now thut I'm not Kate Fis having be “But, it safer loaded " TR New York Weekly. Mrs. Binks Francis Train says that people will wake up some morning and find that Jay Gould has lost every dollar, |, Mr. Binks-—That's so, every word of it. 1y gooduess!. When will it be, do you think " “When he dies,’" A Washington POSt: “It strikes me tlat Russian authorstfave a remarkably venera- ble and careworn d0ek." “Yes, but thenjok at the language they have to do their thinking in," it Boston Courier: ~‘Take up your bed and walk" is not a seasonablo_injunction to the gardener; he lays out his bed and walks, ——— AN EXTR:ME CASF, Washingtonian, 1U's a shame you eslled me carly, called me carly, Sally, dear, For this is just the sickest day of all the sad new year. Of all the bad now ) pulsive day, r, Sally, the most re- For the landiord is relentless and we've got | 10 get away. It is true that moving's cheapor, so they say than paying rent, . But, if one ean’t buy a gang-plank with whole steamboats at a cent, Even moving is » problem. It'is not u time to scoff At fate when it is cortain you can't stand a drayman off, | his wife, Jennio 8. Kal ARE STUDENTS RESIDENTS. An Tnteresting Question of Right of Franchise, FORGER CARLIN ARRAIGNED FOR TRIAL. ATraveling Man Drugged and Robbed —Real Estate Exchange Business— Supreme Court Decisions— Fuller Freed. Lixcory, Neb, May 6. Ber.]—Deunis C. Berry, who ran for city clerk at the recent clection in University Place, has filed a notice of contest in the county court against H. G. Wilcox, the in- cumbent, and who was elected to that office April 7. His potition recitos that at tho fon the plaintiff received fifty-three hree. Ho alleges, however, that ten of the votes cast for Wil- cox In the First ward and fourteen in the Second were illogal votes, cast by non-resi- dents, That Wilcox was not at the time of the election an elector in University Place, neither was he a Oun these grounds Berry claims the office, and has given $100 bond to carry on the fight. It is understooa that the alleged votes were cast by students at eyan university, and the case is brought to determine this mooted question of whether the boys can vote where they attend college. FORGER CARLIN, J. I, Carlin, accused of arraigued before Judge Stewart (his ‘after- noon. Carlin is about forty ycars old, and was formerly a travel'ng man for a clothing house. He had a wide acquaintance in Nebrask About eighteen months ago ho was discharged, and he appears to have around amon the men who knew him and secured their endorsement on bills of exchange which proved to bo forgerics. For one of these he has just finished a torm in Anamosa prison, where he was secured by Detective Malone, ' The other charges pending against him in lowa, and Gran F was caught for $100, whi explains ( presence here. He will probably plead guilty, as he acknowledges that he “did wre but rather dislikes the idea of another terim in the pen so soon NEAL ESTATE EXCHANGE. A meeting of tho real estate exchange was held yestorday afternoon. Communications from different persons wishing aid in the starting of factorics were read and referred to the proper committees, Me MeMur- try, Imboff and Gillilan were appointed a conimittee to correspond with eastern purtios who desire locations for wholesale houses. K. Bare submitted a preposition to rebuild his shoe factory. A resvlution was adopted commending Mr. Barr's enterprise, and ex- pressiug the opinion of th» exchange that aid such as he asked for should be given DRUGGED AND ROBRED, se against C. H. Young aud M. H. . arrested yesterday for robbing W. swell, who travels for a broom fac eward, was continued until § o'clock t ening 10 secure the attenda nesses. Newell's story is taat he wa: ing at the depot for a irain Monday when the prisoners, one of whom is a ranner for a restaurant near the aevot, and the other a Missouri Pacific switchman, enterea into conversation .with him and finally invited him across the streetto geta drink. They went into the back room of a grogery, where two women wero_met, and thoy had some figuor all around. Newell says he remsmbe nothing since taking the sacond drink. until he found himself on the ground about half a dozen blocks away, He found that his cash, about $3}, was gone, and he believes that ho was drugged. The accused deny that they took the m: y. They say that they went to the saloon with him, where several rounds of drinks were ordered and swal- lowed, but they left him thero with the women. Young had $10 when arrested, but the other man was not flush, and both deny taking his money. SUPREME COURT. Tho following decisions were handed down toc 1 Stricklett vs state. FError from Washington county. Reversed and re manded.” Opinton by Mr. Justice Maxwell - Courtney vs Knox. Error from Lancaster, county. Reversed. Opinion by Mr. Chief Justice Cobb. Prior vs Hunter, Appeal from Furnas county. Reversed conditionally. Opinion by Mr. Justice Norval, Darst vs Griftin, county, Afirmed. Maxwell, aufman vs United States National bank. Error from Douglas county. Affirmed. Opin- ionby the couri. Contracts construed and held o Fea sale of a stock of goods, ete., the aser Lo assume and pay certain debts, In a contract to assume certain debts. in consid ration of a stock of goods, ete., two notes were described as one for &00 and one for $1,500 due the United States National bauk. The testimony showed that the notes were not before parties when the contract was drawn, but that the only notes possessed by the bank against the vendor was ove for #500 and one for $1, Held that the bank was entitled to recoyer against the purchas- the amount of said notes. 3. A promise made to another for the ben- efit of a third person can be enforced by such third person although the consideration did nov move directly from him. DISTRICT COURT. Judge Field yesterday afternoon heard the caso of Stevens vs the Burlington, The plaintiff had shipped a lot of household goods over defendant’s road to MePherson, Kan., but they had never been received. Ho wanted §75. The defense was that the gobds were received by the company, transported to their destination, but that plaintiff didn't apply to got them, and they were stored away. Thieves broke in oue night and stole the goods. Verdict for plaintiff for $18.15. The petition of Mrs, Mary Dinueen against the gas company was knocked out because it didn’t siate sufficient canse of action. Leave was given to amend petition. The case was for 85,000 for the accidental killing of plain- tiff's husband in an explosion at dofendant's works. ‘The somewhat noted divorce vs Kay will be heartd before Judg morrow morning. Judge Tibbets and njurz are engaged in hearing the case brought by Josie, Jennie, Maggic and Annie Blair against the city of Lincolu. Plaintiffs own property at Twelfth and K streets, which they claim has boen damaged §2,000 worth by the city's ¢ down the street from two to five feet to form to the Rosewater grade. The defense is a general denial of liability, and a claim that plaintiffs on to have Twelfth street graded and paved waived all damages. FULLER 18 FREED, John F. Fuller, the forger sentenced to the penitentiary fourteen months ago and who was neld in the county jail for & month after sentence, was released from the pen this morning by the supreme court although he had a month more to serve, because the court believed that th> imprisonment commenced immediately after the sentenc QDD AND ENDS, The case o W. Hutchinson, the shooter of Jennie Greene, is set for toniorrow morning at ¥ o'clock. A. 1. Mills and wife, whose troubles with their daughter have become public, were to see Judge Stewart today to swear out a com- plaint of incorrigibiiity against the girl, and have ber sent 1o Kearney. «Judge Stewart handed down his decision today in the case of the Germun National bank vs Cook & Johnson. I. N.Johnson, who had apparently executed the note with® [Special to Tie Appeal from Burt Opinion by Mr. Justice e of Kay Hall to- | oul the knowledge of Cook, was held for the full amount, and Cook, who had recoived no consideration, was releascd from liability The remains of Mrs. R. H. Little, whoso suicide was recorded yesterday, were in terved in Yankee Hill cemetery this after. noon, J, . Mallon, who resigned his job as sher- T of Dodge county to take the wardenship of the penitentiary, is in hard luck. He | held the job just two da, Arrangements have béen trotting mecting to be rounds track on June 15, purses will amount to $4,000, and go will be here to compete. Charles W. Kaley v ywpleted for the o far he i fiyers given a divorce from who failed to ap- pear and answer, uuds on which the divorce was granted were desertion, hab itual drunkenness and extrome cruelty Redpath Brothers and Kilpatrick, Koch »sident nor a taxpayer. | Co. filed a motion to have D. Newman ap- inted receiver of the Maxweli, Sharpe & Ross company, with J. G. Southwick and C. Humphrey as suretios. TI'hoy object to R. H. Maxwell's officiating on the grot that he | is president of the compauy, a la stock- | holder and has large claims against said corme | pany and is an interested party, The plain- tiffs have claims amounting to $1,200 against the company, WEDDING BELLS, ized 3 orning. The marriage of Miss Ella Maud Sehuifdt and Mr. George B. Tzschuck was happily sol- emnized ab the residonce of the bride's par- ents, Mr.aud Mrs, C. B, Schiidt, 1016 Doug- las street, at high noon yesterday. Inhonor of theevent the homo of the bride was beautifully decorated, palms ¢ flowering plants being generously distributed throughout tho rooms the lower floor | in the hallway and on the st and roses were prettily arvane tels in the front drawiug room, the librar and dining roow, while rose bowls fiiled with spring beautios stooa in the niches and cor- ners of the roo The library, in which the ceromony oc- carred, was made particulacly handsome by the dainty arrangement of myriad flowers and broad ribbons of white silk. A prieudien of whita satin edgod with smilax was placed in { frout of the large mantel, which, for the oc- casion was transforimed into a temporary altar, ust as tho midday hour was sounding tho orchestra, stationed in a curtained recess oft the front porch, bezan the favorito wodding march of Mendelssohn and the wodding pro e room, two. childres Tmeyer and' Carl Heinric A J. Turkle of Kountze' A morial Lutheran cliureh, then the bride le ing on the arm of her uncle, Mr. Otto Schmidt of Denver and lastly the groom and Mrs, C. B. Schwidt, mother of the bride, The coreriony was very improssive though quite simple, the ¢ stra playing softly throughout {ue service “Bright Star of ope.! The bride, who is a v esting young w ture in her be India silk, lilies ot of white was « the of 1i The moyer, v pre man, presente utiful weddin; entraine, the valley, satin madge vo ught hich on the ge of the train, 0s of the valley al ty and mter- an 1deal pic- wown of white mmed with the COrs: full. ‘The veil ad and falling to She ¢ « bouguet 1 maiden hair fern; maia of h little Julin Hoff- was prettily gowned in pink Chbina' sitk and carvied a bouguet pinks. Her attendant, e Carl Hein- rich, who ofticiated in the capacity of a page, WOre i quaint suit of brown velvet with ke breeches and wh steoat with b lapels, Mus was costumed in a black grenadi teel passementerio, After th b ate refreshments were served, T having the servi in rge, Later the bride cut the wedding ts being provided with wed- ding boxes containing pieces of the Mr. C. B. Schmdt, who was unavoidably ned in Berlin, where he repeesonts tho Lombard Investment company, cabled his ions, his brother, Mr. Otto Schmidt, representing him in his absence, The groom is well known to the peaple of Omaha, having vesided here fora uumbe and is now ary g Bes publishing company. de.and groom left on a ten d ding tour which will include visits cago, Milwaukee, St. Paul and Minn and after Juno 1 they will be at 2605 Half Howard streo Only tho relatives of the contracting par- ties were present at_the ceremony and a fow very near friends, the guests being Mr. and Bruno Tzschucl, father and_mother of groom, Miss Tzschuck, Miss Tony to polis, home av M the Schmidt. and Mr. Alfred it of Donver, Hurst of Newton, Kan,, Mr. and § Meyer, Mr. Otto Schmidt Mr, Max Schmidt brothers of the bride; Mr. and Mrs, E. Rosewater, Mr. and Mrs. Gould, Judg agd Mrs. Strawn, Mrs. Paul Heiurich, Miss Kitty Brandt, Miss Iler, Miss On lin, Mr. aud Mrs. Herman Moy meyer, Mr. Arthur Hoffmeyer. maun, Miss Bertha Meyer, Koenig, Mr. Lund, Mr. Fred M B. Davenport. Mercer and Fowler. A very protty wedding participated in only by the relatives and & few intimate friends of tho parties in interest, was solemnized yes- terday at 9 o'clock at the residence of Mr. . Mercer, 2511 Hickory street, med Miss Clara Mercer, a and Mrs, J. J. M ', and Mr. Charles H. Fowler, treasu of the Fowler elevator company, entered the cast parlov and taking u position beneath a ver eautiful canopy of smilax and white ribbons festooned to tho sides of the deep bay win- dow, and in front of Rev. John Gordon of the Westminster Pres an church, were united in warriage, the ccremony veing mcdification of the Episcopal church. The bride, who is a tall and handsome blonde, wore a becoming street costuwe of brown camel’s hair trim- med with brown silk and brown silk fringe. A hat to watch the gown was worn, a brown siik with oats crown and she carried a beautful bouuget of iilies of the valley and maiden hair fern. Following the ceremony and after the con- gratulations of those present, a wedding breakfast was served in the dining room, which was beautifully decorated for the oc- casion, white ribbons being suspended from the centra! chandelier and fastened to the corners of the central table. house the floral decorations were very elabor- ate, smilax, roses and spring Howers oceupy- ing rose boivls and javdinierc After breakfast the bride and groom left on an extended wedding tour which will include a visit to Memphis, Chattanooga, Atlanta, Baltimore, Washington, New York and re turn by way of the Thousand Islands and Lak George, They will be at home at 1907 Wirt street July 1. The guosts present at the wedding were: Mr, and Mrs, Bernard Fowler of Chicago Mr. and Mrs, C. H. Cummings of Clifton, 111 Mr. and Mrs, J. J. Mercer,Mr. Dave Mercer, Mrs. I. H. Collins, Miss Cora Howe, orgia Fowler, Miss Birnie Miss Celia Furnas of Brownville: Mrs. W. Tipton of Brownville; Mrs, Broady of Beatrice; Mr. and Mrs. Hough, Miss Zoe Matthews of Lincoln; Dr. and Mrs, John Gordon, Mrs. Bell of St. Joseph, Mo, I'he manaolin club added uot a little to the service by the rendition of several selections, making an effective background to the im- pressive and beautiful cevemony. - ON THE The Presidential Train Will Come with a Nush, G. W. Boyd, wmavnager of the Harrison party, writes Mayor Cushing that the presi- dential train will Denver at May 12 and will h Omaha at 1 following morning. Ho states that stops will be made at intermediate points, but that none of these will interfere with the truin reaching Omaha on time. s that owing to the limited ace five persons can ride in the ar u distance not exceeding fifte In view of this fact the committee will induce the Burlington road to run u E al car to Lincoln cn the morning of the the president's arvival. The members of the committee will go in this car and pilot the president and party to this city. In the Windsor The pantry in the Windsor hotel caught five av 880 o'clock last night and burned out tion of the wall. It is supposed the fire wWus caused by an overhcated rango. Damage about £25. At the hour n daughter of M N on a Beantiful | of | Tzschuck, Mr. Bruno Tzschuck, jr., Mr. Otto | Throughoutthe ! | judg ! That wh | ernor Boyd | natorial | the supren; \ | of auy action upon the part of the supremd BOYD MAY TAKE AN APPEAL Ho Oan Go to the United States Supreme Court if He Dosires, UNANIMOUS CONSENT ON THIS POINT, Omanha Attorneys Discuss This Phase of the Question with Freedom — o of the State coessary. nission Court Uy The question as to whether or not Gov- would appeal from the decision of the supremo court of the state, in the guboruatorial case, to the supreme court of the United States, v the subject of almost general discussion in this of It was accompanied by anothor feature, namely whether ornot that appeal might be mada without the pormission of the supreme court, which las alveady entored judgment of ouster ugainsy that an in his ofticial capacity. Ou the latter subjoct the opinions of leading attorneys and jurists scem almost unaninious, General mattor J. C. Cowin in spoaking of the said: “Tho question in the guber- caso was simply ono of United citizenship, and tho determination of tion determined the caso. Two of the judges, making the decision of the court, held Mr. 'Bovd was nota citizon, but an alien, while one of tho judwes, dissentir held that Mr. Boyd was a citizen, ‘The qu tion, therefore, is a purely foderal one, and from this decision an appeal may be taken to the supreme court of the United States. “Thel wo methods of taking this ap. peal, one requiring the action of the chief justice of the supreme court of the state, the other requiring theaction of oneof the judges or more of the supreme court of the United States, so that the case may be uppenled utterly regardioss of any action of the su mo court of the state of Nebraska, ““The allowance of a writ of error may o asked from the suprome court of the United States or one of its judgoes, and if allowed citation issi he record goes at once court regardl I have said, States that g court of the state or its. judzos. > of the saine writ may bo ask f justice of the supreme court state, and if allowed by him the once taken to tho supreme court United S But itis not ne The allow d from tho of tho case is at of the ary, ns uy oy on whatever to the ehief justice of the state court, “Whilo T am not sup in the caso, for the other side has beew clai ing for somo timo that two of the judg would rule with them, yot 1 was surpris that the opinion was hinded down yesterd as nothing concerning the case was mentions in court during the forenoon, and I was the wrguing another case but started home i tho afterno 1a much surprised at the haste with which judgment was entered and a writ of restitution i ed, without any notice to our side about when the decision was to bo mwade, 1t is unusual and extraordinary; and 1 wish to add further that it was whotly u necessary, as Mr., Boyd would have prompt ved the mandato of t I pry sumo that there was fear that a writ of error and citation might be allowed before the writ of restitution was_executed, for, in that ent, Mr. Boyd would have romained in » peuding the litigation in the supremo of tho United States. The writ of o and boud operate as a supersedeas_and it is an open question whether Mr. Boyd may not be entitled to the oftice immedintely aftor the allowance of the writ of error sud the filing of the Lond and before the hear of the case in the supreme court of tho d at the decision | United State: “I think the of tae United 150 15 one the supreme court tates will advanco upon its | docket. +Of course, while T think the haste with which judgment was entered aud the writ of estitution issued was unusual and extrao dinary, yet I do not, for a moment, ques.ios the good faith of the court any of its with respect to tho matter.’ Judge Wakeley: *Ihave not looked into the matter, but my impression is if the que: tion may be appealed at all it may be dono without the cousent of the supreme court of the state, All that it would be to have a justice of the supreme court of the Umted States examine the records and allow a writ of error. This would doubtless be based upon the idea that Mr. Boyd haa been denied citizenship under the laws of the country, which fact might rightfully be - quired” into by the supreme court of the land.” udge I ““The question may certainly if it can go any place, go to the supreu court of the United States and upon a writ or obtained from that tribuual any referenco to any of the jud; supreme court of the state. There is a_ques- tion, ho whother the supreme court of the country, and I have heard tho matter considered, would undertake to reverse the decision of a state supreme court in in preting the constitution of its own state, don’t know, however, if there is much in that. T suppose the ‘supreme court of the United States would contine itself to a con sideration of the question of citizenship which is involved in the mattes J. M. Woolworth: Boyd may be appealed to the supreme court of the Umted the allowance of a writ of error by any oue of the judges of the supr of the state or by any one of the nine justices of the supreme court of tho United ¢ Hou, W nnell: “I donot consider the decision of the supreme court as to who shall be governor as one seriously affecting the welfare of the state, 1 believ bound to go ahead without r coutroversy rogarding the chief exe: What T am_now most interested in is tho corn crop, With a good harvest all will be well this fall. So far as 1 am conceru would have been perfectly willing to Governor Boyd covtinue to the end of his two years, He has always made n utive officer, and I have long admir for his independence and fearlessnoss as an oficial. 1 presume he is glad to get out of a controversy which has now reached an en by the decision of the supreme court. I'rom a cold-blooded legal standpoint I am inclinod to think the decision of the supreme rt is ight. I do not question the good faith of Goveroor Boyd, in ex past, the rights of cit fairly entitiod to ovi ht which can bo claimed on the grouud of citize mhill. Atthe same time Iam forced to conclude under the laws of the United States hoe is not With r of the urt of the United States to revisw the decision rendered, | think it exists ap, cannot be seriously questioned. A writ of n be allowed by a justice of the su- preme vourt of the United States, and the causo can be tuken to the United States su court without aflirmative action of supremo court, 1t is doubtful if o decision could be reached during the term for h Governor Boyd was elected. it nine bis rights, and if eligible 'to the t which 1 ke ug as he has in tho iship. Ibelieve he is ofice of has bes TesSmMan or s ) iutimated he aspire —— New York Herald, I'n was a man iu our tewn Who was 50 wondrous wise n his business stumped way down Bogan to advertis And when the public saw his apread, With all their might and main Unto his place they striightiay sped And sot him up sgain Highest of all in Leavening Power.—Latest U. S. Gov't Report, Roal ABSOLUTELY PURE Baking | Powder .