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

)/’ (e 8o S | s Awro 2 . [ e ~N-cal ., * e L el ’ A R 1 I, 7 - / A ‘ - . ¢ r ¢ [ %a \ / 7 MAHA DAILY 'THE A ] ] - OMAHA, WEDNESDAY MORNING, DECEMBER 9, NUMBER 175, BOY-THAYER CASE ARGUED. Nebraska’s Gubernatorial Contest Finally Submitted for Adjudication. NO DEC'SION EXPECTED BEFORE JANUARY. Exhaustive Review of the S tuation— Appearances of the Justices Durs ing the Hearing—1heorics the Sulject. on Wasmixaroy, D, C., Dee. 8 —[Special Telegram to Tine Bee.|—Iato the hands of the supreme court of the United States the question of who is rightfully governor of The four Nebraska was placed tis afternoon, arguments in the case occupied just hours. Opinjon is divided tonight among those who had attended the court as to whethier Boyd or Thayer will win, Three or four of Nebraska's most eminent citizens, who are not interested direculy in the case,but heard all the arguments and watched tho expressions on the faces of the justices of the pupremo court, expressed the opinion tonight that Thayer will not be disturbed in his position. One distinguished Nebraskan expressed the belief, however, that after the arguments of Cowin ana Estabrook, the supreme court could not fail to declare Boyd a citizen, Thero was httlo new matter injected into tho arguments, The statements on bolh sides of the case are mostly familiar to Tue Bie readers, Tho real new featuros were presented by Henry D. Estabrook, attorney for Boyd, who presented his ‘“‘doctrine of re: lationship.” During the presentation of the points which Mr. Estabrook sets forth is his brief he was frequently interrupted by mem- bors of the beneh, especially Associate Jus- tice Iield, who is a well known democrat and one of the ablest of this distinguished body of nine jurists. Much Interest Manifested. Justico Kield and his associates contended sgainst the points of relationship made by Mr. Estabrook in sucn & way as to fudicate that the argumerttook root and was huving a disturbing effect within the minds of the beuch. At thesame time there were those who watched and heard the proceed- ings that they believed the justices wore being disturbed in a framo of mind which they had previously formed. Ina word, Mr. Estabrook’s argument was to the point that the father of Mr. Boyd, having fulfilled ail tho requirements of “citiz-nship except the procurcment of ke second issuo of papors, the son Liad inherited citizenship, especially fu view of the fact that he had for very many years never bee. disturbed in ofico bolding and other cupaciies in his unques- tioned vight to citizenship. The argument was opened by General J. C. Cowin, attorney for Boyd. His presentation sted largely in citations of constitu- tioual and other provisions under which Mr. Boyd had become a citizen by the natural operation of time ana the exercise of right fu the duty of public office and citizenship. He argued with great forco the claim that the admission of the territory of Nebrasku into statehood taade each nhabitant of the territory a citizen of the United States as well as of the state of Nebraska. Mr. Webster's Effort. John L. Webster followed Mr, Estabrook, and opencd his argument with a compre- hensive statement of the case and the cir- cumstances which brought it before the su- preme court of the United States, Being the first argument in favor of Governor Thayer, close attention was paia to Mr. Webster's statement of facts as well as his logic and the inferences which he drew. His orief covers 107 puges of closely printed matter and was 1v1‘(‘|mrl'(l with the assistance of John & ilion, the well known lawyer. It embraces a great number of citations {rom tbe coustitution of the Uniteda States, the constitutions of various states and terri- tories, federal statutory laws and decisions of the supreme and state courts, to the point that aliens cannot become citizens of the United States except through the one process of making decluration and taking out naturalization pupers. Inasmuch as the four hours allotted to the arguments was equally divided between the 1wo sides, Mr. Webstér only made a cursory review of the statemeuts iv his brief. There probably never was a more comprenensive or more elaborate aggregation of law and prin- ciple to cover a single point of citizenship than was preseated in the Dillon-Wobster brief. The English, French and other early laws were searcked for corroborative prin- ciples. Judg, s Dillon’s Argument, Judge Dillon followed Mr. Webster for Governor Thayer. His argument was oral anc impromptu, but iu the sume general iine @s that entered by Mr. Wabster, Judge Dillon took up the threrds on the general principle that citizensbip is citber inherent or can ouly be acquived, if 1ot by inberent vight, through tho only gate- way laid down in the constitution, namely, the declaration of citizenship and the pro- curement of primary and final citizenship lnun-ru. Neither of these, he declared, had iovernor Boyd acquirea and since the father hed not become a citizen, the sou had no ground upon which to claim citizenship. Ho coutended with great force that the mere fact of the father having taken the imtiative steps to become a citizen could not be used @s &u earnest on the part of the son to be- como a citizen. Citizenship could not be pressed upon one except through the inherent Process—that of being boru by a parent who Wus unquestionably a citizen, Ex-Attorney General Garlaud, attorney for Governor Boyd, closed the entire argu- ment and when ho had finishea at 10 o’clock the case was in the hands of the suvreme court. ‘Tnere was little new in the argument of Attornoy General Garland, Tue trend of his thought was in the dircction pursued by General Cowin, that leading to inherited citizenship through the citizenship parentuge. Where Speaker Crisp Came In There was one new feature in the argu- ment of Attorney General Garland apropos of today's procecdings in the house, He poluted out the fact that Speaker Crisp was the son of an alion Englishman Wwho had taken up residence but had Dot secured citizenship in this countey, also the fact that Crisp was born in England during a visit to thut country by his purents, “The citizeuship of Crisp, through the long resideuce of bis pavents in this country, had never been questioned, although it was not a matter of rocord that either the father or the son had taken out naturalization papers or declured thewselves ns desirous of " citizen- ship. ‘'he argument of General Garland was prineipally consumed in citation of decisions of districtand circuit federal courts as well 83 Stalo COUTts to the point that citizenship may be inbereut from alien parents and that long resdence naturally operated to secure oue citizenship, whether or not he pursued the hioe laia down in the coustitution. A decision in the case is not expected till some time in January. NATION AL B AR ASYOCLATION, Fminent Men of the Legal Profession Will Meet Tomorrow Wasmixaroy, D, €., Dee. 8.—The fourth anuual meeting of the National Bar associa- tion will begin in this city tomorrow worn- ing and will continuo for three days. ‘The association, whose birthplace was in this city, was formed for the purpose of unit- ing the bar associations of the country in practice work aud promoting the scivnce of the law and the due adwinistration of jus tice. It is purely representative in its mem borship, composed of delegates chosen from bar associatios Oue event that will help make this meeting notable will bo the pres- i ence for the tirst time of delogates from the Boston Bar associution. "The program for tomorrow includes an ad- dress of welcome by Mr. Justice Harlan of the supreme court and the annual address of the president, Mr. Charles Marshal of Balti- more. Tho dinner to tho delegates on Thursday ovening at the Arlington will be the occasion of n most distinguished gathering. Thero will bo but four toasts, The president or oue of his cabinet will respond to the first toust, “Ihe President.”” Mr. Justice Gray, of the supreme court of the United States, will respond to *“The Congress,” and Mr. James C. Carter of New York will respond to “T'ne Bar."! It is expected that ubout 150 will attend the dinner, including nearly all the justices of the supreme court, the court of claims, tho district courts, the members of the cabinet, senators and representatives, public oMcials and distinguished vepresentatives of the bar. RECENT ARRML ORDERS. Changes of Intercst in the Regular Service Yesterday. Wasnixarey, D. C., Dec. 8.—[Special Tele- following army gram to Tue Bee.]—The orders were issued to Leave of absence for ten days to take effeet onor about December 21,1s granted First Lieutenant Parker W. West, Third cavalry. Leave of absence for three months and fitteen days is granted Second Lieu- tenant William P, Wilder, Nineteenth infantry, The following trunsfers in the TLird artill are made: Second Lieutenant John K. Cree, from vattery A to battery By Secoud Lieutenant James Hamilton, from battory B to battory A. Lieutenant FHamil- ton will join the battery to which heis transforrad. Captain Ezra P. Ewers, Fifth infantry will repair to New York City and report in person to the superintendent of the recruiting service for assignment to duty at David’s island, New York barvor. This detail is made with a viow to a tour ot duty for two years, First Licutenant George Andre Twenty-fifth infantry, will, as directed in telegram of this aate, proceed to Fort As- sinaboine, Mont., and report in person to Lieutenant Colonel John C. Bates, Twenticth infantry, vresident of the examining board convened at that post, for examination by the board as to his fituess for promotion, ana on the conclusion of his examination will return to his proper station, Licutenant Colonel Francis H. Parker, ordnance department, is detailed as a mem- ber of the board of ordnance officer: appointed by War acpartment order of July 22,1884, for the purpose of tesung riffed cannon, vice Major George W. McKee, ordnance depariment, deccased. Major James W. Reiney, ordnance department, is detailed as a member of board of officers convened November 24 at the army building, New York City, to consider and recommend u suitable magazine system for ritles and carbines for the military service, vice Major George W. Mciee, ordnance de- parvment, deceased. Major Richard S. Vick- ery, surgeon, is detailed us a member of the examining board at Fort Monroe, Va., con- vened Fobruary 24, 1801, vice Major Curtis £, Munn, surgeon, hereby relieved. WHY THEY DIDN' VOI'E FOIL CRIS Congressmen Hoar and Williams Gpposed to Free Coinage. W asHiNaroy, D, C., Dec. 8,.—Mr. Sherman Hoar of Massachusetts when asked why he did not vote for speaker on theroll call today said: “Last fall, in aa interview wuich I had during our campaign in Massachusetts, I stated tnat in the coming contest for the speokership I would vote for o candidate who would not promise to use his influence, if elected speaker, against the consideration of had financial legislation and the extension of silver coinage. When Mr. Crisp became the candidate of the party I went to bim and asked him to give me this promise, which he declined to uo. There was then nothing left for me to do but to refrain from voting for him. Having gone into the caucus I did not care tovote for any one else but its nominee, but [ could not vote for him and keop my word, In my judgument, how- ever, ho will do exactly what he refused to promise to do, namely, use s influonce as Speaker against the consideration of mea: ures looking to the extension of the coinagi of silver. 1 feel fairly sure that such will be his action, but, «s I could not get his promise, he could not get my vote.” Representative Willias of Massachusetts, when asked whyv he did not vote for Mr. Crisp, said: *“I did not vote on the roll call for speaker for the sole reason that I could not do so aud keep faith with the people of Ma usetts. In the last cumpaign I took the position distinctly that I would not sup- port any man for the speakership who aia not express himself in favor of the sup- pression of free comage legislation in this congress, Mr, Crisp has not so expressed himself, though opportunity has been given him to doso. He remans silent on the ques- tion, as he has no rvightto do. Itis plain that promises to the peoplo on which votes aro sougntara a primary obligation. The caucus can find no fault that I refused to cast iy vote, and if there is any such caucus. law as that 1 will keep out of caucuses hereatter, FIGURES FROM THE CE US BUREAU. Transportation by Water on the Pa- cific Const. Wasnixeroy, D. ., Dec. 8,—The census bureau today issued u bulletin on the subjoct. of *“Trausportation by Water on the Pacific Coast, Considerod as an Industry.” The - formution furished relatos to iho business of the transportation by water as carried on 1n 1880 by ail craft of over five tous rogistored in the ports of California, Oregon and Wash waton. The informatiou is given in detail in fifteen tables, from which the following sum- mary, showing the number, valuo aud opera- tions' of the stoamers, sailing vessels and barges, reported in the'census schedules, is drawn: ‘Total of craft, 1,842; value, $2i,0 ); freight movament by tons, 8,813, fross eurnings, §20,025,01037 expeuses, 274,800, WANTS RECIPROCITY, British West Indies Willing to Make a Treaty With Ameri Wasnrsaron, D, C., Dee, (he British commissioners of the West Indies were in conference with Socretary Blaine for sev- eral hours toduy with & view to the estab- lishmeut of reciprocal relations with the United States. It is understood that consid- orable progress wus mado towards an agree- ment for commercisl reciprocity under the provisions of the tariff act, and that there [§ every prospect of a favorable conclusion on the subject before the close of the present veur, Decided a Townsite OCase. Wasminaros, D. C., Dee. 8,—Secretary Noble today rendered a decision in tho cuso of the heirs of William Bond uud others against the Dowiug, N. M., new townsite. Thoe secretary sustains the decision of tho commissioner of the general land office, al- lowing the probate judge of Grant county to enter all the land in quostion as the wwnsite of Deming, in trast for the several uses and beneflis of its occupants according to their vespective interests. This claims of Bord Kinder and the additional homestend claim- ants are registerod Congratulating Crisp, Wasmivatos, D. €, Dee. 8. —Speaker Crisp has received several huadred cougrat- ulatory telegrams from ail parts of the coun- try. 1nno case did the enthusiasim run quite us high or seem quite as exuberant as in the messages [rom his fellow cizens of Ceorgin, From Americus, Crisp's home, & dozen par- ticularly excited friends telographed that they had locked the sherifft in Jail in order that the jubilation in the town ‘might run its uninterripted course. Brief Meeting of the Cabinet, Wasiinaroy, D. C,, Dec. 8.—The cabinet met today as usual, but the session wus & short oue, The state, war and treasury de- partments wore not represented, ! MILLS MAD AND MAY RESIGY. Rumor That the Defeated Candidate Will Quit His Congressional Scat. THEN HE WILL TRY FOR THE SENATE. Program'Prepared by the Democratic Caucus Carried Ouat in the House —Senatorial Contests Ree ferred to Committee. Wasnixaroy, D. €., Doc. 8,—[Special Tele- gram to Tie Bee. ]It is rumored here today that Roger Q. Mills, on account of his de- feat for the spoukership, will resign his scat in the house and enter at onco upon a can- vass for tho senatorship to become vacant at the expiration of Senator Chilton’s term, one year from next March. Mr. Mills is not in a humor to taik with newspaper mon today, 5o & confirmation of this story could not be ob- tained from him. NIZALLO ORt OF THE HOUSE, Crisp Formally Elected Speaker and Briefly Expresses His Thanks. Wasmixeroy, D. C., Dec. 8, —Whén the house convened this morning there was a large crowd present. At noon Clerk Me- Pherson called that body to order, and on motion of Mr. Holman the election of speaker was proceeded with, Mr. Holman placed in nomination Charles 2. Crisp of Georgia. Mr. Henderson Thomas B. Reed. lican side.] Mr. Simpson of Kansas nominated Thomas C. Watson of Georgia. Tellers wero appointed and the balloting commenced. The roll call resulted: Crisp, 223; Reed, $3; Watson, 8, Mills and Springer were heartily applauded when they recorded their votes for Mr. Crisp. The clork having announced the result, he declared Mr. Crisp duly clected speaker amid applause. Tho clerk then appointed Messrs. Mills and Iteed a committeo to escort the newly elected speaker to the chair. In & fow minutes Mr. Crisp entered with Messrs, Mills and Reed supporting him on either arm, and his march down the aislo was a perfect ovation, When quiet was se- cured My, Crisp said: Gentlemen of the House of Re| of illinols nomnated [Applause on the repub- rosentatives: nferred upon For the great honor you have d me. I return hearifelt thanws, L shall en- deitvor to aiseharge the oflice of ‘speaker with v, with firmness und with absolute im- vartiality. (Applause) Let hope that our labors here advancement. prosperity. the honor and glory of our beloved country. [(Applause.] Lum now ready to take the oath of office. T'he oath of office having been adminis- tered by sr. Holman of Indiana, the work of swearing in the members of the Fifty-sec- ond congress vegan. When this was con- cluded a resolution for tho appointment of Kerr for clerk, Yoder for scrgeant-at-arms, Turner for doorkeeper, and Dalton for post- master, was presented. Mr. Henderson of Illinois offered as a sub- stitute a resolution for the appomtment of the present oficers, with the exception of chaplain, for which office Charles 8. Rams- dell wus numed. This was disagreed to. Mr. Holman's resolution was agreed to with an amendment offered by Mr. Springer, for the appointment of William H. Milburn as chaplain. The newly elected officers were then sworn n and a resolution was adopted directing the clerk to inform the president of the election ot speaker and clerk. The speaker uppointed Messrs, Blount, Reed and Breckinriage of Kentucky as a committee to jon asimilar one from tke senate to inform the president that congress was in session with & quorum present. A resolution was adopted directing the speaker to appoint committees on rules, accounts, enrolled bills and mileage, each to cousist of the same number of members as in the Fiftieth congress, and referring tho rules of the last congress to the committes on rales. It was ordored that the daily hour of the mecting of the housea shall be 12 o’clock. ‘e house theu procoeded to the drawing for seats. A resolution, the effect of whick was to permit Messrs., Reed, Holman and O'Neill of Pennsylvania to select their seats in advance, was adopted. At the conclusion of roll call the house ad- journed. court us unite in the ay result in the In the Senate. ‘WasmiNagroy, D. C., Dec. 8.—In the sonate immeaiutely ufter the reading of the journal, the oaths were administered to Messrs. Jones of Arkansas (rve-elected), Dubois of Idano and Call of Florida. The papers in the matter of the credentials of Mr. Davidson (claimant for Call’s seat), were referred to tho committee on privileges and elections without instructions to report at an early day. A like reference was made of the papers in the caseof Mr. Claggett, claiming the seat of Mr. Dubois, The senate then took a recess till 2 p. m, Another recess was taken to 3 o'clock,after tho appointment of Sherman and Harris as o committee to join the house committee in a visit to tho president. At 3:20 the senate adjourned until tomor- row. SENATE COMMITIUEES, Vacancies to Be Filled—A Task of Some Difliculty, Wasmixgroy, D. C., Dec. 8,—The demo- cratic senators at & caucus this morning unanimousiy re-clected Senator Gorman chairman, and Senator Faulkuer secrota of the caucus for the ensuing term of con- gross. A committes was appointed to fill the vacancies i the minority represontation upon the various committees, after which the caucus adjourned without' considering any other matters whatever. ‘The senate caucus committee charged with arearrangement of the senate committees nad o short meeting today. It was aereed that efforts should be made to learn the in- dividual wishes of the republican seuators upon the question of their assigument, and letters of inquiry have been addressed to such senators as have not yetorally expressed their preferences, ‘‘'he committee assumed a task of greater magnitude than usual in such cases. Serious wroads have been made by death, resigna- tion and failure in the ranks of the senate as it stood at the close of the Fifty-first con- gress. In tho forty-two standing and thir- teen select committees there ure no loss than seventy-two vacancies, iucluding six chair- manships in the list of standing committees, and one n the list of select committees Singularly enough tho best and worst showing in this respect is made in tho caso of tho more important commitiees of the senate. The committee on finance retains overy one of its thirteen mombers, while Senator Sherman’s committee on foreign re- lations has lost five of its nine senators, The committees on the judiciury, education and lavbor aud on District of Columbia have each lost three members includin the chairman. Ponsions, woman's suffrage, the World's fair and the United States university committees have also lost three in their membership, Civil ser- vice, coast defenses, oxamiuation of the civil service, Mississippi river improvements, in- lerstate commerce, postoflice, private land cluims, privileges and elections, mines, revo- lutionary claims, Nicaraguan claims, Poto mao river front claims, irrigation and epi demic discases have' lost two memuers in each case, Theloss of 1no committees on appropriatious, census, eurolled bills, fish- eries, immigration. Indlan affurs, military affairs, revision of laws, organization of the executivo departments, patents, publio build- ings, reiiroads, liLrary accommodations, meat roducts, Indian depredations aund library s one in each case, the last upamed { committes losing its chairman, The committees, apart from that: on finance, which bave no vacancies are: Contingont expenses, engrossed bills, commerce, naval alfairs, printing, public landsy rules, terri- tories, transportation routes, civilized Indians, Pacific railroads, relations with Canada and admimstrative service, Of the total number of vacaneies in tho committees, presuming that the select committees aro to bo continued in existence, the republicuns will be entitled to fill forty-three and the democrats twenty-nine. When the house committees on election is anpointed and proceeds 1o consider the con- testod election cases which will come before it for the first time, it will have as a basis n digest of the reports, testimony and legal questions relative to electons which came before previous congresses. Tnis digest is intended by Mr. Chester H. Rowell, the clerk of the eloctions committee, who worked on it during the recess, to assist the members in veaching au impartial conclusion touching the law and precedents applicablo to any election contest. ‘I'ie older members of the senato are familiar with election pre- cedents and well informed on most auestions at issue, and & record of all important senate cases has beon made. In the house, however, no digest has been propared, vwing, in part, to the greater number of contests and the voluminous testimony takea 1a each, and as the comploxion of the hause changes fre- quently, the result has basn that members have often acted with only an imperfect knowledge of the laws and precedents, the result being confusion aud lack of anything like n uniform policy in_ dealing with™ cnses involving the rights of members to their seats, The caucus committee will bo guided in its work by the well established practice of pro- moting to chairmanships, where vacancies exist, the senfor senator in point of serv RECEPTION OF 1HE L DERS. Scenes on the Floor of the Aouse— Simp-on Oreates a Smile. Wasnixaroy, D. C., Dee: 8 —The excited feeling which was so apparent throughout the speakership contest had no part in the proceedings of the house taday, When Mc- Millin appearad on the floor this moruing, many members who bad not been with him in the fight rushed up to shake his hand aud to tell him that he had made a good stand against the inevitable, Mr. Springer had on bis coat lapel a bright scarlet pink which had _been the emblem of his campaign and upon his face a smila, Hav- ing casthis voto and his influenco to M Crisp he was in high fayor with the victors, ana his smile broavened into a glow of good lll)umor as ne mingled among his fellow mem- ers. Mr. Mills came in lato and quietly took a seat among the men who fought and fell with him, Mr. Crisp reached the capitol before 11 o'clock and was at onoa iustalled 1n the speaker’s room, where he was soon sur- rounded by menibers, though his room was at n0 time crowded and there was 10 noisy re- joicing. i The chief anxiety of most of the members has suddenly turned from $he great contest to the question of committee assignments and general house organization. When the nominations for speaker were made in tho house this morning that of Mr. Reed was the only one greeted with applause, Jerry Simpson, acting for the farmers alli- anco party of nine, nominated Mr. Watson, of Georgis, and n smile spread over the house. When Judge Ho'man placed Judge Crisp in nomination the democrats reserved their ap- plause for the moment when heshould be de- clared elected and bé “escorted into the house. But, at the name oi Reed, the eizhty-three republicans: made all the noise cousistent with thoir nifmber. and their votes were all cast in a péculjarly loud voice, to show that ttey were t| During roll call Mr. Mills' stood back be- hind the rail on the demoeratic side, straight. ened up to his full stature, and when his name was called voted with his usual depth of voice and earnestness nf manner, Messrs, Hoar and Williams of Massachusetts, who were Mr, Mills’ most active workers, did not vote. The silence on the democratic side re- mained unbroken while the tellers counted the vote: Crisp, 238 Reed, 83, and Watson 8, but when the clerk anmounced that Mr. Crisp was elected speaker a wild burst of applause filled the nouse. Mr. Mills and ex-Speaket Reed wero ap- pointed to conduct the speaker to the chair. On his appearance in the hall all the mom- bers stood in their places clapping their hands and cheering. The scramble after the minor offices began in earnest as soon as tne names of the chosen ofticers were known. Euough applicants to consume all the patronage many times over crowded the capitol building “today and an immenso awount of wirejpulling ls belog oue, ANT1-SUBTREASURY ALLIANCE. Postponement of Dato of Mecting of 1ts National Convention. Wasmyaroy, D. C,, Dec. 8.—W. S. Me- Allister of Mississippi, chairman of the national executive committee of the anti- subtreasury alliance, wno has been making a tour of the states where hisparty is strongest, found awaitiug him here letters from nis fellow comuiitteemen urging Lim to postpone tho date fora national convention, called to meet at Mewphis, Tenn., Decembver 16, This call was issued from Inuianapolis upon the rvefusal of the supreme council, after a lengthy debate to receive the protest of the anti-subtreasury party and make the same a part of the record. It had previously bee determined, 1 the event of such action b the supreme council, to perfect a distinct organization with the objact of restoriog the farmers alliance to its original state of fidelity to its constitution. ‘The proposition to postpane the convention until a later date was acted upon by Ch: man McAllister, who toniglt issued the foi- lowing: HEADQUARTERS OF THE NATIONAL EXECU- COMMITTEE ANTI-SUBTREASURY ALLi- NCE, WASHINGTON, 1. C., Dee. 8, 1814, —To the Mombers of the Anti-Subtreasury Alll- ance: In obedience to urzent requosts from many members of the Antl-Subtreasury ai- liance the national convention ealied to meat ut Memphis. Tenn., Decembor 16, 15 hereby med to u date wilel will be heroafter W. 8. MCALLISTER, Chalrman of the Committoe. ‘The reasons for this action were given by Mpr. MeAllister in an juterview as he was taking the train tonight for his home 1 Can- ton, Miss. *“When our call was issued,” he said, “the supreme councll 'had tuken no ac- tion on the third party question. Subse- quently it appointed tweity-tive delegates to the third party conforence, set for Pabruary 23 at St Louis, Mo, Notwithstanding this action, the national alliance leaders are du- nying that it is their purpose to turn the sarmers allianco into a polltieal party. Tho result of the St. Louis conference will deter- mine their real purpose i the premises, and henco the propriety of postponing our na- tional convention,” Pensio s for Novem ber. Wasmyaroy, D, C., Deo, $,—~The statement prepared at the pension office shows that during the mouth of November last 22,258 pension claims of all classes wera allowed, upon which the first payments egatod §,863,808, The average puyment to each peusioner wus therefore 8124.20. Of the 22,2543 claims allowed, 15,060 were uander the actof June 27, 15, Democratio Committee Call Wasnixatoy, D, C.,, Dee. 8.—The execu: tive committeo of the national democratic commitiee has decided to call & meeting of the national committee at Washington, Janu- ary 21, to decide upon tue time and plice for holdiug the democratic national convention, Consolation Prizcs, Wasuixatos, D. €., Doc. 8—The demo- cratic sonators, ata cauous this morning, unanimously re-elected Senator Gorman chairman, and Senator Faulkuner secretary of the caucus for tho eusuing term of con- gress, Secretary Foster Better, Wasiixaroy, D. C., Dec. 8.--becretary ster Is better this worning, LAMBERTSON IN THE LEAD. Nebraska's Oitizon Favorably Regarded as Judge Oooley's 8ucoessor, ANTHONY OF KANSAS ASTRONG OPPONENT Intoresting Measurcs to Be Intro- duced in the Senate Today— Paddock's Pure Food Bill Again. Wasniyarox Burewv or Tie 513 FOURTEENTIL STRELT. } Wasmixaroy, D. C., Dec There are strong indications that the presi- dent is wavering between Hon, G. M. Lam- bertson of Lincoln and ex-Senetor Authony of IKansas, as successor to Judge Cooley ou the Interstate Cornmerce commission, For wooks past the president has been besieged by both Senators Paddock and Manderson in the interest of Mr. Lambertson, and has re ceived 1n addition endorsements from all sec- tions of the west. The argument has boen made that Mr. Lambortson’s career has been 50 thoroughly identifiod with anti-monopoly legislation that his selection would bo considered a dir assault upon the railroad intel of the west. In reply to these argumonts, made on behalf of an opposing candidate. Mr, Lambertson has presented letters from many of the most prominent railroad men of the country stating, that while Mr. Lambertson has been constantly opposed to them in matters of reduction, he has evidenced such fairness and ability in the conduct of cases that they have no desire to interpose any objections to his selection for what is a judicial position, and waich they consider eminently coustituted to his judicial mind. Senator Spooner of Wisconsin today for- warded un_urgent tolegram to the president upon Mr. Lambertson’s bohalf, which was filed with those of prominent anti-monopoly leaders in Nebraska, and with the endorse- monts of the two senators from that state, Mr. Lambertson reaciied Washington today to appear before the suprome court in a prominent case in which heis interested, Iv is expected that a nomination will be made within the next two days. Active Work in the Senate, Tomorrow will probably witness in tno senate tho introduction of tho usual flood of bills incident to tue opening of tho session. Sonator Paddock has carefully rovised his pure food bill for the prevention of adulte tion in food products una will present it at the earliest possibla moment and ask its raf- crence to the committee on agriculturo Tho prospects are that the measure will receive at this session a much better support than at the last, when it was handicapped i its passage by the uncnding debates upon tho force and tariff bills and was in addition opposed oy a largo number of southern seua- tors in the futerest of the cotton seed ol in- terests. Since that time Sccretary Rusk, in his aunual report, has strongly urged upon congress the passage of the measureand it will receive the best support from the Agricul- tural department and from a large number of members who, since the successful overation of the meat inspection bill, bave discovercd that government provision in these products is essential to a succossful extension of the foreign trade. Senator Paddock will also introduce his general postoftice building bill, providiag for the erection of postoffices in towus of a stated population. This measure has also re- ceived the endorsement of PPosumastor Gen- oral Wanamaker who, in his annual report, strongly urges upon congross the passage of @ bill of this character. Sonatoc Munderson will again present to congross his bill for a federal building at Norcfolk, which, having patsed the senate the last session with an appropriation of £150,000 was cut down by the house comm 1ee 1o §75,000 and died upon the calondur. He is strongly hovoful of success at the pres: sent session. He will also_uvge with his old time persistency bis bill for a three-battal- ion organization of the army. This mens- uro, it will be remembered, after having passed the senato and amended 1n the house by the addition of the artillery bill, was de- feated by the persoual efforts of Inspector General Breckinridge, who insisted that furiber amendment, providingz for an in- crease in tho staff, nust bo added to the measure bofore it could secure unauimous consent in the houso of reprosentutives. “Tho last report of tho secretary of war most strongly urged upon congress, as a public necessity, this chauge in the ' army organization of the infautry in order to make 1t conform to other branciics of the sery Sonator Manderson is hopeful that notw standing the advantage of tlLe democratic majority in the house, and the avowed inten- tion of representatives to pare down all ap- propriations to the least possible lmit, that this measnure, so much needed by public in- terests, and whi will so greatly conserve the servicos, may receivo favorable consid- eration. Senator Manderson will also introduce a bill compellng district and circuit judges to comunt to writing their instructions to juries, and a bill pensioning Mrs. General Henry A. Morrow, widow of the last colouel of tho Twonty-first nfantry and commandant at Fort Sidney, Neb, W estern Members Located, Mvr. Bryan of Lincoln was one of the for- tunate first few drawn in_the aliotment of seats in the house today. He selectod a seat in the most commanding part of the house, the fourth row of the first section of the democratic side, two seats from the mamn aisle, Mr. Kem was oncof tho last names drawn. Ho took a seat nidway of tho ex- wreme left section on thd repulican side. Tho nawe of Colonel Dave Henderson of Iowu was among the first drawn. e was importuned by memoevs flocked in various parts of the house to joiu them but ho de- clined and took @ seat in the front vow of & middle scction on the re- publican side. M. Joily, the new member from South Dakota, was modest and sat down in the first seat he came to, midway in the last row of the republican sidoe. Mr. Pickler sits in next to the lust row in a mid- dle section on the republican side. Jorry Simpso:’s name was called about midwiy of the list and hoe came forward and took the second scat from the center aisle in the frout row on the republican side, Mr. Speaker's Alleged Plans, ‘The election of Speaker Crisp is immedi- utely followea by speculation as to the chair- mauships of three committees whose work this session will frame che policy of the dem- ocratie party in the presidential eampaign, namely, colnage, weights and meusures, ways and means, und appropriations. Mr. Crisp's declaration tbav his elevation to the spenkership would “not impedo the cause of tariff reform’” is at first blush taken to mean that ho intends to offer tho ways and means chairmanship to Mr. Mills, Such an ap- powntment, uniess the rest of the committeo wero s0 formed @s to tie the the hands of the chairmun, would appear to be in effect o reversal of tho decision of the house in choosing Crisp and freo silver rather than Mills and free trade. For chair- man of the noinage committes the name of Mr, Bland of Missouri would naturally sug. gesv itsol( wore it not for the fact that b voted persistently for Mr, Mills for spoaker Mr. Crisp, however, cannot well afford to inai @ in too much retuliation For tbe ap- propriation chalrmanship the gossips have already selected either Mr. Holman for the sake of demagogy contrast with the so-called “Billion doline congress” or Mr. MoMillin of Tennessee. McMillin is much the best fitted for the place. It is be- oved that nearly all the more important chairmanships wiil go to the eastern south, whenco Mr, Crisp's support principally came, New England and the northwest will receivo but & meager share of the spoils, but impera. tive demands of Tamwmany iu New York will be submissively honored. PS8 H —— His Wounds, Die:l from Bunaixaua, Ala, Dec. 6,—1he dead body of i Young, tho illieit distiller who shot and killed Deputy Marshal Osborne in Marion county sevoral wooks ago, was found Sun( = in the woods near the Mississippi state 1! Young was wounded as ho fled by the pi = with Osborne, Ho soeins to have boen o come by his hurts aund fallen down ir & woods by himself to die, s S MURDER CASE, GRAY Stevens Opens for the Pro What He Wil Try to | DexvER, Colo,, Dee. 8,—The trial = Dr., Graves, charged with the murdero rs. Barnaby, was resumed today. Judge’ aw arrived in court this mornng promptly « ' 10 o'clock, aftor a forced absenco of four days with the grippe. Ho wes very palo and his face boro sizns of suffering. When he took bis seat and ordered tho court convened the room outside tho railing was crowded to suffocation with several hundred people, anxious to know the story of the prosecution in this important case, Insido the railing sav Mr. Graves with his attorneys and friends upon one side, whilo on tne other sat M. John Conrad, tho son-in-law of Mrs, Barnaby, Mrs. Barnaby's two daughters aad soveral frieuds of the prosecution, nmong whom were the Worrels, upon whom it is thought the dofense will attempt to fasten the crime, Before tho district attorney aroso to de- liver his opening address to the jury Judge Macon, forthe defeuse, moved that all wit- nesses on both sides bo excluded from tho court room during tho taking of the testi- mony. Judge Beiford opposed tho motion aud Judgo Kising statod he would entertain the motion if Judge Macon would bo more explicit, Judge Macon took one excoption after which Mr. Stevens began his speech. Ho reviewed the case at some length and id he had evidence to prove that the bottle containing poison seut to Mrs. Barnaby was from Dr. Graves and that he would show taat Graves was the only person in the world who had any motivo for the destruction of Mrs. Barnaby. - WEATHER FORECAST. Orrice oF Weatier Bureav, | Oxana, Dec. 8, § The coldest weather continues in tho south- west, but temperature genorally roso yester- day and today will probably make a more deciaed riso. Fair weather continues over all the westorn and northwestern districts, except western Mountana and the north Pacific Slope, where rain_has sot in. The barometer remains 10w over western British America and in the upper Missouri valley. It 15 highest over the Gulf of Mexico. South westerly winas predominated. For Omaha and vieinity—Fair and warmer weatber; continued southerly winds today. Tomorrow promises to bo fair but storm threatening. Wastixatos, D. C., Dee. 8. —For Missouri —Warmer, fair; southwost winds. For Kansas--Fair; warmer in cast; sta- tionary temperature in western gportion; southwest winds, IPor Nebraska—Generally fair; wost winds: warmer in southeast; stationary temperature n northwest portion. Ior lowa—Generally fair; west winds; warmer, excopt in extreme northwest po tions; stationary temporature. Ior North Dakota—Gonerally fair; west winds; colder by Thursday morning. For Colorado—Local rains; variable winds; colder by Thursday morning. For South Dalota—Same as North Dakota. LE'S HEAD, HIRAM SAW His Murderous Brother's Efforts to Escape the Hangmo Coxconp, N. H., Dec. 8. —The hearing in the Sawtelle ease” was resmmed today, and testimouy looking to establishing the lo- cation of the erime was taken both for and agalnst the prisoner. Considerable com- ment is causea by the fact that the skull, supposed to be that of Hiram Sswtelle, had, when found, no teeth whatover in the upper jaw, ana but'six front teeth in the lower one. Mrs. Sawtelle stated in Boston today that her husband had soveral teoth in tho upper jaw, and that those in the lower jaw were very good and regutar, The government, it is said, is vot inclined to udmit that’ the hoad is that of Hiram Sawtelle, until zood and suficient evidence is offered on that point. Mrs. Sawtelle is on her way heve to give testimony. ons Served on Edward “ield and H's Partners mite Prains, No Y., Dee. 8. —Robert E, z of New Yovi City today placed in the nands of Sterilf Shirmec of Wostchester county, a summons and compluint to be served on Edward M. Field, David A. Lind- jey, John F. Weichers and Herman Hilmers, the aefanct firm of Wall stroet brokor: The complainant claims that on the 15th day of June, 1891, the plaintif obtained £100,000 from the firm, for whi Lo deposited with the defondant certain stocks as collateral security for the loan, which was 1o bo paid on the 1sth of December, 1801, The plaint:ff clams that the firm never demanded of nim to take up the securities, but appropriated those to tneir own use, 'and wrotgtully and fraudulontly convertod the suma into moncy, and applied the proceeds to their own use, e — Business Troubles. Forr Wortir, Tex. Doc. 8.—F. Bauman has filed a deod of trust conveying his two stores in Dallas and Fort Worth to secure his creditors to the amount of £197,000. The amount of assots and Liabilitios is unknown. Loxnoy, Dec. S.—The private banking firy of Bawtree, Dawnay & Curscon of Colchester suspended today. Thoy expect to pay thoir liabilitics in_full. Loxnoy, Dec firm of Bawtrae ~The private banking Curseon of Col chester suspended today. Thoy expect to their liabiiities in full. Bawtreo, Dawnay Jurseon sunounce that they will reopen tomorrow. They have issued a circular in which they say that they have realized on locked up securities and huve made arvangs ments with other banks enabling them to cash bauk notes and advance filteen shilligs on the pound on curvent credit uccounts. Thoy will call & meeting of their creditors shortly, when they hope to submit a satis factory scheme of sottleraent. e Death Roll. W Omiesxs, La, Dee. Bishop Gallugher of Episcopal diocese of Lowisiana, died last night of heart discase, aged PuenLo, Colo,, Dec. 8.—Dr. A. C. Bacha- man, & coleoratea Philadelphia physician, who came spocially to treat State Treasurer Carlisle for heart diseass, died suddenly this morning of pneumonia, ‘The remains wiil be shipped Friday. Cue 1 lus Grovel born semini Professor Zwing- n principal of tho Dear- died at that anstitution this morning of heart trouble, aged 79. He was born in Massachusetts in 1512; graduated from Brown university in 1542 came to Chicago in 1857, since which time be has been priucipal of the Dearborn seminary, - Treaty cluded, WasmiNaros, Ir. C., Dec. 8.—While itis impossible to obtain an oficial ackuowledg: ment to that effect, it is kuown that a com- mercinl convention uader the reciprocity clause of the McKinley act has boen practi cally concluded between Germany and the United States, and that the president will s00n issue & proclumation suuouncing the fact. The convention contemplates the fvee importation of German sugar into the United States and the reduction ot duty on Amer: can cereals imported into Germany from 5 0 85 murks, il n Arvivals Payonia, from Liverpool. At Queenstown—Bolhnia, from New Yorl At Moville—Furnessis. from New York. At Londou—Sighted, Mujesiic, Chicago, paardam, from Now York. At Breuwerhaven—Ems, from New York, At Southampton —Havel, from New York. At Now York—Ithactis, from Hamburg; Awsterdaw, from Rotierdam, At Boston HE 1S RATHER ENTERFRISING German Minister Gutschmidt Tries to Cap- ture Ohili for Himselft INTRIGUED WITH ROMANCER THOMPSON, bination of 1 spondent and t to csponsivle Corres serapulous Dipe Embroil Al Natlons Over the Chilian Question. [Copyrigh’ed 1891 by James Gordon Hennett.) Varraaiso, Chili (via Galveston, Tex.), Dee. {By Mexican Cablo to the New York Herald -Special to Tue Beg, | — General Velasquez, who was minister of war under the Balmacedn rogime, and wha, upon the fall of Valparaiso, sought temporary refuge in the German legation, left that asylum somo timo ago and has sinco beon in higing, e surrendered humself to the mili- tary tribunal today, after having received guarantees from Tntondente Lira of Santiago that he wonld be dealt with rly. It transpires that British Minister Kon- nedy waus not aware of the shipment of silyer by Balmaceda on board of the British veasel Espieglo until after sho had sailed from Talcahuano. What the German Minister Wanted. Herr Gutschmidt, the German minister, 1t would seom had entered into an intrigue with Thompson, the correspondent of the London Times, whereby the latter was to use his paper as a catspaw to stiv up illfecling through misreproser tation of the United States and its represontatives here. This combination between Gutschmide and Thompson partly accounts for tho former’s conduet, cxposed in the Horald at the time, i demanding that the Balmacedisy refugees avoard the German warship, Leip- sig, should bo surrondered to their enomies, although the German admiral had given the rofugeos his promise of protection, Gut- schmidt's plan miscarried, for the admiral apnealed to his government, which sustained his nction in refusing to comply with the German minister’s inhuman demand. Trying to Down England, Tv also appoars that Gutschmidt was striv- g o give Germany an ascendancy over England in - Chili, so he got Thompson to insinuate that Minister Konnedy had him- self made the urraugements for the ship- meut of the silver on the Ispicglo. There- upon Thompson put forth the claim that cor- tain persons in Santiago—names of course not given —had informed him that they had discovered documents inculpatiug Minister Egan in nitrate matters, I'am reliably informed that Minister Gut- schmidt endeavored through Thompson to prejudice tho Chillan governmont against tho Snglish in order to obtain concessions for (German residents here in the way of trade. Itis an open secvet that for some time past the Germans in Chili have been trying to drive out the British merchants. I have re- ceived indisputable iaformation that Thomp- son has offered to pross a cluim against the Chilian goverument. for a concern hore, boasting that his great 1nfluenco with the au- thorities would carry through his suit. His action 1 stirring up strifo botweon tho French and Americans throagh the Times is severely condemned by the natives of Great Britain who are residing in Chili. The Spanish minister, Ordonez, has pro- seuted claims for $3,000,000 damages to the Chilinu government for the destruction of property of Spanish residents duving the late contlict, Naval Experts Wrangling. 1C0 yrighted (I Dy sames Gordo'r Bennstt,| Loxpoy, Dee. 8.—[New York Herald Cable Special to Tue Ber, |—Enghsh naval offi- cers are indulging in a gigantic crow at the expensc of the United States over the report that the cruiser Philadelphia is linble to cap- siz0 owing to her immense top hampor, Sev- eral ave busily cngaged in proparing articles for service papers, pointing out mistakes mado by Americans in constructing the Phil- adelphia, which thoy claim is o complete vin- dication of Kuglish plans and workmanship. They point to the fact that the Baltimore, which was built ou the ovigimal designs, was a4 complete success, and that the Pbila- deiphin wus spoilt owing to the improve- ments added by Americans. They refrain, however, from mentiouing the gross and ri- diculously bungling ships ot their own build, such as, for instance, the Suitan, which car- ries a bettom full of cement, Arranging for om Peidro's Funeral. Pants, Dec, 8.—The Countess ’Eu has de- ided that all Brezilian rosidents, who so desire, shall be allowed to hold cords of the pali in the funcral procession on Thursday. Dom Pedro’s bady was removed to the churen of St. Madeleine today, Tho inner coflin_is Unod with whito satin; the outer covoring with black, dotted with silver stars, A-panel of glass in tho lid allows the faco to toseon. ‘Pho inscription on the cofiin plate in Latio, and it 13 & teibuto to tho do. pased as vuler and savant, An immense wopy lined with silver hangs from tho church roof and tho walls are draped with crape. Becoming Oritienl. Rio de JaNeiro, Dee. 8.—The situation In tho state of Rio Janeiro 1s becoming critical, T .40 0pposing partios are srmivg themselve: overnor Portello bolds Nictheroy. The in- surgents bavo established a provisional gov- ernment and have selected Paralioyo as their apital. They are orgavizing for an attack on Nictheroy. The government is apathetio, The report of the failure of an important rail- way company will bo ancounced tomorrow. Russion Robbers. Pergisnuig, Doc, 8.—A dispateh from Vladivostock says that thioves have robbed the government treasury thoreof £250,000, The thieves cntered and escaped from the trensury by means of an underground pas- sao, Swi land’s Preside Hesigns, Brrse, Dee. 8. —Dr, Welti, prosident of Switzerland, has resigned because the ma- jority of the clactors votod against tho gov- ernment’s purchase of the Swiss Central raiiroad department, Fifiy ¥ dies Recovered, Panis, Dee, 8, Fifty bodies have been re- covered from tho St Etienno mine, where the explosion oceurrod, - - Western Patents, W asiixaroy, D, C., Doc, 8.—| Spocial Tele- grom to Tus Bee. | —The following list of patents grantod is rojortod by Luk Bee and Examiner Bureau of Claims: Joseph O. Dreunen, Des Moines, Ia., flue cleaner; Michael J. Fabey, Fort Madison, Ia., stove pipe thimble: Nicholas W. Gales, (Colo, 1a., milk scaldor; Lennie A, H. Gre- pile, Hampton, Ia, window curtaln snd veil ‘holder: James 'A. Hiuson, assignor to Flinson Car Coupler company, Des Moines, Ta., enr coupling; Miles K, Lewls, Hastings, Neb, corn_harvesior; Robert 8. Moore, Bradshaw, Neb., lawn' sprisklor; Clarence B. Puul, Whittemore, la., wpparatus for warming beds; Gustuvus J. States ana G, &, Hall, Liucoln, Neb., elevator and stacker; Jofferson Tollofsen, Stansbervy, Ia., pociael kuife; John W. Zietlow, assiznor of one-halt to F.'A. Burdick, Aberdeeu, 5. 1., protestor for telepboues,