Omaha Daily Bee Newspaper, January 5, 1892, Page 1

TuE OMAHA CTWENTY-FIRST YEAR. HELD BACK THE DECISION, Bupreme Oourt Judges Fail to Announce Their Opinion Favoring Boyd. THEY ARE HUNTING FOR THE LEAK. Nothing Further on t Expected Until the Complet Judg Sitoation, wvestigation is Maxwell Wasmixotoy, D. C., Jan. 4.—[Special togram to Tue Bee.|—1he general belief the supreme court would' deliver at noon day its decision in the Boyd-Thayer case L.ad the court room with interested spec Pators. Some time before the hour set for *"the opening of that body, ex-Attorncy Gen- eral Garland, counsel for James E. Boyd; Judge Dillon, the principal counsel for Gov- ernor Thayer; Sergeant-at-arms Valentine, of the United States senate; Dr. J. Summers, D. O. Clark and William Gwyer of Omaha, occupied seats and witnessed the opening proceedings. Senator Manderson, Coogressman Bryan of Nebrusk and William M. Springer of Illinois, were also present, and the ¢pace occupied by the bar was filled by & more than ordinary number of lawyers. The press associations and many special corresponaents were present waiting to ver- ify the announcement which rumor sent out several days ago that tho supreme court would probubly give their verdict today in favor of Jumes E. Boyd and ousting Gover- nor Thayer. Much Sup) it There was mgch suppressed excitement during the reading of various decisions by the associate justices, several of which were of mucn importance. Interest, howev centered on the chief justice, who it was ex pected would auncunce the decision in the Nebraska case and who, according to precedent, was the last to speuk. It was counsiderably after 1 o'clock when Chiof Justice Fuller concluded reading his opinious and the Nebraska case w nov among them. Thero was general disappoint- ment expressed and a universal concensus of opinion that the premature publication of the ision, which the court prepared some days days ago, had induced it to withhold its de- cision until after the investigatiou now in progress was concluded as to the source of the information furnished to the press last week. The decision canuot now bo rondered until next Monday, the opinions of the court being only presented excopt on very raro oceasions, on that day. The faiture of the court to make public its opinion in the Nebraska case is no indication whatover that the information that leaked out was erroneou Should er Have Happened. ! This evening’s Star says in its news col- that it is possible the vote oo tho SSobraska case has been confused with the votoon the North Yakima case, which, by a strango coincidenco, stood identically a3 was anticipated the governorship caso of Nebraska would stand, viz.: Six to three in favor of appellunt, the disseating justicos being two republicans and one democrat, Editorially, howoever, tho Star accepts the “pointer” as good, as, indeed, does every oue in Washington. The Star says editoriaily he queercst news leak of the century perhaps, 1s that of the decision in the Boyd case from Nebraskn. It has probably nover before happoued thatan important opinion of the highest court in the land, involving a question of the gravest importance, was outlined uays oefore its delivery from tho bench. It ought not to have occivred. The like of it will probaoly not occur again, The members of the suprome triounal are doubt- less as much disturbed over the prematurs publication as any members of 4 government ever were on oceasion where the mutter divulged was not atteaded by dire conse- quences, and may bs expeeted to take extra precautions nereafter.” Higher Value on Citizenship, ‘Today’s Philadelphia Press has this ia its ditorial column: “If, as rumor claims, We United States suprome cour vill decide the Nebraska = gubernatorial fayor of ~Mr. Boyd, there will iot_be much criticism of tho do: sion. Mr. Boyd received asmall but un- fbationed plurality of the vote cast in 1800, Jid the coutest over his title has not had the ndorsement of all his opponents, The flaw in his citizenship could have been renail overlooked in his case. but the contest, how ever it may issue, will do no harm if it calls attention to the carclessness ofcen exer- cised by alicns in obtaining tho right to voto and places a bigher value on American citizenship. 1f Mr. Boyd had not been the chief mover in_tho attempt to place a crank ) onthe Nepraska suproms court bench last fall with the evident purpose of getting re- venge on tho court bocause 1t had decided against him, ho would stand vetter with the country today. But the failure of that at- tewnpt may have taught him a needful les- son,” e cessed Exciten Somebody Will Sufter, The Nuew York Sun say: **While no ofi- cial information can be secured in regard to tha roport that the United States supreme court had by a vote of 6 to 3 decided tho con- test between Boyd and Thayer for the gov- ernorship of Nebraska in favor of the for- mer, it can be positively asserted that the conrt ill render such a decision, It can also be said, in conseauence, that thore is rfl.mous troublo ahead for the person or por- ons who gave out the information before tha decision was formally rendered by the court. Cmef Justice Fuller yesterday insti- tutad au investigation, which 1s still in progress, with & view to ferreting out the gullty parties. The opinior. of the court in tho case was reacbed last week, at which time the question involved was aiscussed at length, and a vote taken.. It is learne on trustworthy authority that the notes of the opinion, which wore dictated by the chiof justice'to & stonographer have not yvet been transcribed. Each private secretary to the associate justices, as well as a page and messenger are usually tho only persons who have access to the private rooms of the court and the investigation will extend to them. _/3ince the premature announcement and pubs [~ lieation the chief justice bas been in auy- thing but a ploasant frame of mind, und in- tonds to muke the culprit suffer for nis mis- domeansr,”” IN LIN Judge Maxwell Talks A Thases of the Boyd- FreMonT, Neb,, Jan, 4.—(Special to Tue Hek, |—Judge Samuel Maxwell, who has just idded another long white judicial plume to hose whion already decorato his big slouch at, Was at the Elkboru devot this mornug with his grip full of legal opinions which he had been srinding out in the quietude of his home during & brief adjournment of the supreme court. e was at the depot to take the train for Lincoln to attond a session of court which opens today, Ho wore a sort of self-satistied [-thought-it-would-be-so expres- slon on his face when a Bre represontative asked bim what he thought of the -report from Washiugton on the Boyd-Thayer case, *+180’t absolutely certain yet that the su- preme court has confirmed my view of the case,” said he, “but I am fully prepared to velleve that tho decision will bo ws outlinod by the newspavers which purport to have heen let into the secret of how the decision All be in advance ofits being handed down. PRl course | have always thought my view of Mo case, #s given in the opinion I submitted, vas the correct one and, if reports are true, the ground I covered most carerully and fully Ssthe basis of my opluion, that is, the Syoling act by which braska came into « Unlon- is the one upon which the Unitea BLates supreine court holds Boyd to bo & elti- wen. will confess that I “searched the records very carefully and did s great deal of work on that case. I went into it with my mpressions rather against my fual decision in the matter. But I examined it impar. | tially and, as 1 thought, thoroughly, and I | could only reach the conclusions which wero submitted in my written opinfon.’” “Tu what phase did you find the most con- clusive argament in line with your decision £’ Was asked of the venerable judge. “I'ho Nebraska enabling act was a very broad one. It was found to pe identical in spirit and scope with the constitution of tho United States, which starts out in its preamble with ‘we the people,’ ete. It is 80 with the enabling act which alludes to ‘the people’ of the territory of Nebruska, The constivution mado all bona fide residents of the colonies citizens of the United States; it nimply nationalized tho thirtoen colonies. The enabling act provided, also, that the state of Nebraska should enter the union witl all tho privileges and immunitios for ftself and residents that were granted to the thirteen original states Fesidents of Nebrasks, when the t was admitted became, 1pso facto, cit the United State: 'I'he United States supreme court had twice rendered a decision to that effect and I could not understand why such decisions were not conclusive. But suppose there were lhving in Ne- braska when the state was admitted, 'SOns who wera subjects of foreign powers and did 1ot wish to becomo citizens of the United Statas would not. the admission of the terri- tory mako them citizons aguiust their willl found in aftor yoors that it would bo conventent to deny their citizenship by such process, what then? Would they ba con- sidered subjects of subjects of a couutry to which they had not sworn allegiance ! “I nardly know where that would lead to, but it is certain that there would bo little danger from possible complications of that kind which might arise. After the genera- tion living in the territory av the time of its vdmission had passed away @ case of that kind could not exist,” Our Relatfons With More Pe i1l Were Growing very Day. Wasmixaroy, D. C., Jan. 4.—The cor- respondonce which the prosident has promised to send to congress relating to the attack upon the Baltimore's sailors at Val- paraiso will not bo seat in tomorrow, in fact there is reason to helieve that some days will pso before the public will know ofMcially just what has passed botween the Depart- ment of ato and Minister gan on the one side and the Chilian ininister of foreign affuirs and Micister Montt on thoe other. The unofticial announce- ment_ of the practical completion of the judicial proceedings in Valparaiso and the “intention of the Chilian legal authorities to punish the three Chilinns con- victed of participation in tbe assault, has given satisfaction here. and is geperally re- garded as a distinct concession by the Chil- ians to the United States as showing that there will not in ull probability, be any furthier undue delay in the disposition of the case. Theso udings have, so far as can be leacned, been officially mado known to Sec- retary Binine by Minister Montt, and it may bo that the lattor will await the sentenco of the convicted Chilians before he presents to the secretary the conclusions reached by the judicial authorities of his country. With matters on this promsing condition, it is therefore unlikely that a disturbiog element will be introduced in the negotiations by the publication of the uncomplete correspon- dence, Will Speak on Reciprocity, A special car over the Peunsyivania road will leave bere Wednesday uafternoon for Boston containing a party of gentlomen who #o there to attend the annual dinner of the Boston Merchants association, Thursday ovening. The party will consist of Mr. Romero, the Mexican minister; Mr. Men- douca, the Brazilian minister; Geaeral Belot Pernza, the Venczuelaish minister; Mr. Montt, the minister from Chili, and their wives, and Representative J. C. Burrows of Michigan and ~ Mr, William E. Curtis, of the Bureau of American republics. Mrv. Burrows goes at the request of Mr. Blaine, to make a specch 01 reciprocity. "Phe secrotary oricinally agreed to go, con- ditionally, but the healtt of Mrs. Blaine will prevent him, He has, however, writteu a letter, which will be read at the banquet, The work of proparing for the Chicago ex- position tios been actively begnu in Costa tica. The president has issued a decree directing tho orgamzation of a central bureau, with its headquarters av the city of Sun Jose, having brauches iu all parts of the republic, which has been charged with the duty of collecting and arranging the best possible exbibit of the resources and bro- ducts of the country, ns well as all articles of interest which it is desirabie should be sernt 1o the World's Columbian exposition. David J. Guzman was appointed as commissioner I _charge of this burcau, with a sccretary aud clerk for proceeding av once with the work. Washington Notes, Wasuiaroy, D. C., Jan, 4.—Secretary Noble today rendered a decision in the case of the town=ite of Kingfisher, Okl., against W. D. Fassett. The case involves the title to a quarter-section of land in the Kinglisher laud district, embraced in homestead entry No. 5, made by Fassett April 23, 1880, The decision in effect confirms Fassett's title to all the quarter-section, he, however, to puy $10 per acre for the forty acces occupied by townsite settlers under section 22 of the act of May 2, 1500, The costs of the contest are to be apportioned among the parties inter- ested. Secretary Noble has appointed Thomas Nary of Gull River, Minn,, and Charles Hayden of Chaplin, Minn,, examiners and appraisers of Chippewa Indian lands in Min- nesots, under the act of January 14, iS with a view to their further sale, The amount of silver offered the treasury department today uggregated 2,025,000 ounces, and the amount purchased Wwas 504, 000 ounces, as follows: (4000 ounces at £.05; 100,000 ounces at $0.9,518; 200,000 ounces at £).9,520; 100,000 ounces at’ $0.9,523; 100,000 ounces at §0.9,520, T'he United States commissioner at Dom- ing, N. M., recently decided that the *‘coun- try whenee he came’in the case of a China- mian who entered this country from Mexico, was Mexico, and ordered bis return to that country. Colouel James A. Biddle of the Ivinth cavalry is on leuve in this city and is tem- porarily stopping at 1716 N street. e Mother and Child Fatally Burned, CrAy CexteR, Neb., Jun, 4,—[Special Tele- gram to Tue Be —A [fatal gasoline acci- nent occurred this morning at the residence of Frazer Frared, three miles southeast of this place. Thoir 3-vear-old girl was playing about the stove and her clothes having caught five, ran to her motner who was using gasoline to clean some garments, thus igniting the fluid There beitg no help uear, the clothing of both mother and child was burned from their body. Tbe child is dead and Murs. Troxel caunoy recover, ————— peror Willlam and the Pope, jan. 4.—The emperor sent @ vory cordial New Year's message to the pope. In reply the pope said he desired to be always on friendly terms with Germany and wisbed the emporor every success 1o his strugge with socialism,the eommon enemy of religion and temperance. Business ass, Jan, 4.—The Herks Bauk Note compuny, with its factory in this city, is financiaily embarassed and an attachment hus been placed on the plant by Frank W, Doxter. ‘Lhe company’s indebtedness to him is smd 1o bo about $20,000 for mouey ad- vane Bostox, Garbott Fightlng Against Extradition, Toxozto, Ont., 4.—Henry Garbott, who was remanded for extradition by the court of common pleas of Texas on the charge of forgery, has appealed his case to the court of appeals, where it will bave to again be fought out. e Elgin Watch Mukers Still at Work, a1y, 1L, Jan, .—There Is no strike yet among the employes of the Kigin National Watch factory, Forty finishors asked for more wages which was donied thew this inorn. ing. They aro still at work, OMAHA, IN THE HIGHEST TRIBUNAL. Decisions Handed Down by the United States Supreme Court Yesterday. IMPORTANT FINDINGS OF THE BODY. Dillatory Attorneys Treated to a Surprise —Suits of Great Interest to the Public Acted Upon and Decided by the Court, Wasnixaton, D. C,, Jan. 4.—The United States Supreme court today affirmed the de- cision of the lower court in the suit brought by the Pacitic Express company against James M. Siebert and John M. Wood, auditor and attorney general respectively, of Mis- souri. By this suit the express company sought to restrain and enjoin the collection of a tax of §2 on each $100 of its receipts, lovied by an act of the state legislature against the express companies doing business within the state. The company’s bill attacked the constitutionaiity of the act, as an interference with the inter- state commerce and declared that it violuted the fourteenth amendment, giving equal protection to all, and was also contrary to the provision of the Missouri state constitu- tion, requiring that ail laws shall be uni- form. The court, in an opinion by Justice Lamar, says that the contention that tax is levied upon interstate commerce is unsound. It says that the tax does not relate to inter- state business, but entirely to state busi- ness, and is expressly limited to the receipts for business done entirely within the state, and that it was pot the inteation of the legislature to interfere with or tax inter- state commerce in any way whatever, The other poiuts raised, it also” bolds, were not well taken, for the reason that the tax ap- plies equally to all compaunies doing an ex- press business. Yakn Northern Pacifie, A decision was rendered in favor of the Northern Pacific Railroad company in the mandamus suit brought against it by the territory of Washington ex rel. Hiram Dustin,” prosecuting attorney of Yakama county, to compel the railvoad company to muintain a station and stop its trains at Yakama City, tho company having built a town of its own at Nortnern Yakuwa and rofusing to stop trains av Yakama City. Justice Gray rendered the opinion of the court; Justices Brewer, Field and Harlan dissented. "The bill set forth that Yakama City at the time of the building of the road, was the counsy seat and the largest town in that county, and thut the object of the railroad company in refusing to make Yakama City a station was to ruin the town and eunhance the value of thetownsight of North Yakama, which 1t had located on unimproved lands belonging to the railroad company. Justice Gray, in the opinion of the court, says that a writ of mandamus to compel a railroad corporation to do a particular actin con- structing its road, or buildingsor in running its traius can be issued only when there is a specific legal duty on its part to do that act, and clear proof of a breach of duty. The courts huve so held, even in the. matter of establishing & station at the terminus of a road. The difculties 1n the way of issuing a mandamus are much incrcased when it is sought to compel a road to stop trains ata particular place. Tie loca- tion of stations and warehouses for receiving und delivering passengers and freight in- volves a comprehensive view of the interest of the public, as well as of the corporatiou, and a consideration of many circumstances concerning the amount of business and cons venience of particular locations, which are more appropriate to be determined by the directors of the company or, in case of the abuse of their discretion, by the legislature or by administrative boards entrustea by the levislature with that duty than by the ordi- nary judicial tribunals, Justice Gray say: that the charter of the coripany does not impose any specific duty as to the mainten- aunce and size of ystations, and that to compel the directors to be controlled by the couris by writs of mandamus in establishing sta- tions would be inconsistent with many previous decisions. The findings below, he says, show tuat the people hving in the surronnding country considered asa com- muaity, would ue better accommodated at Yakama than at Yakama City. The com- pany. denies the fraudulent intention charged by Yakama City, and it was nov found by the jury. The fact that the town of North Yakama was laid out by the compauy on its own land cannot impair the rights of the inhabitants of that town. Justice Brewer Dissents, Justice Brewer rendered a vigorous oral dissent, which was concurred in by Justices Harlan and Field. He said that when the railroad built its line it found a city aiready ostablished, the county seat, and largest place along its road for many miles. Every public interest- required that the station should be established there. Instead, the railroad company went over four miles further along and laid out a town on its own land. No reason has been given for such a course. The railroad neglected ana aban- doned its public duty Lo subserve its private ends. Anyone who knows the process of the railroad building knows it 1s a common thing to build up one town and put down another in this manner, if the established town offers an insufticient bonus for a station sometimes. The dissenting justices, he said, thought that the courts had sufficient power to restrain such proceedings. Attorneys Taught a Lesson, ‘That the United States supreme court 1s tenacious of 1ts dignity both parties to one of the many drummers’ tax cases from Tennes- see, have discovered. Two terms ago, the case of Charles L. IFicklin vs the Taxing District of Shelby County, Teunessee, was submitted under the rules on printed briefs. ‘Phe court made an order subsequently set- ting sside that submission aud ordeviug oval argument before a fuil bench. The case is one involving the legality of a drumwer or, more technically, an agent's tax, for the pur- pose of doing business within the state, L‘lckllu having been the representative of a firm outside the state. Sowe fine questions of constitutional law, and the extent to which a taxing act may go without bevoming an in- terference with interstate commerce, were necessaty to 8 judicial des cision, aud the court, having previously divided on somewbat similar questions, was desirous of obtawing oral as well as printed argument. When tne day set for the hoar- ing arrived, counsel on either side failed to apoear. The court thereupon very promptly dismissed the suit for want of prosecution in the manner directed by the court. This rather astonished the attorneys, and Fick lin's counsel afterward came into court, begged its purdon, said no contempt or dis- courtesy to the court wus intended, and that they were unaware that the court intended its order as a mandate. The court was then asked to remstate the case on the docket. Chief Justice Fuller today anuounced that the court had decided to grant tue requost, and had set the case down for argument Jan- uary 25, after previously assigued cuses, Dismissed for Want of Jurisdictio Coief Justice [uller today anunounced the decision of the supreme court of the United States, dismussing for waat of jurisdiction tho case ot Richard Sayler, plaintiff iu error, Cass county, North Dakota. his was tion to recover money paid by tax title purchuser to the county at a sale, on tho ground that the United States had a lien on the lauds, which were a part of the Northorn Paciiic land grant o which the railroad had not yet paid the costs of survey, and that the lands therefore could not be sold for taxes. The court holds that there is a fal'ird on tha. record to establish a foderal question, The court reversed the decision of the supreme court of the territory of Dakota iu a similar case, fu which the” Stutsmin company was appellant against Charles S. Wallace. The court dismissed for want.of diction & case brought by the St. Minneapolis & Manitoba Railroad com against the county of 'l'odd, in whick cOompany sought to have declared invalid a a v, jurls Paul, T UES | tax levied against the company, for lands on which it had purchased,timbef rights, the company contending that it ecanstituted an impairment of contract undhr Mie eharter. Tho court sustained a law of the stute of South Carolina, which provided that the ex- penses of the state rallroad commissioner shull be borne by the railroad doig business within the state, each road being taxea its proportionate share of the expanses of main- taining the commissioner, on the basis of mileage within the state, “avor of the Ferry Company. The court reversed the decision of the cir- cuit court of the United States for the Southern district of Ilhnois in the case of the Wiggins Ferry company, appellants, vs, the Ohio & Mississippi_Ralirond company. The predecessor to the Ohio & Mississippi River company, which was the Ohbio & Mississippt Railroad company, made a contract with the ferry company to give it all of its ferryage, 1n consideration for the use by the raflroad compuny of an island opposite tho city of St. Louis, ~ After reorganization, the railroad company began to divert its business to rival ferry companies. The court holds that the agreement between the ferry company and the railroad company constituted a contract which was binding on the latter as successor to the Ohio & Mississippl River company. The court directs that steps be taken to as- tablish the damages the ferry company is entitled to for breach of contract. 'S REMAINS, REMOVAL OF GRANT The Question Will Cause a Conte Manderson and Hill, Wasnixaroy, D, C.,, Jan, 4. —Ex-Governor Hill will scarcely enter upon his legislative duties before he will be called upon to oppose the resvlution providing for the removal of General Grant's body t this city. It was thought when Senator Plumb died the resolution would remain unacted upon since none of the other members seemed spocially interested in it. It scems, however, that Senator Manderson of Nebraskn has decided to father tho resolution which 18 ‘now on the vice- president’s desk. When the senato committec on Military affairs meets this weelk, Senator Manderson, who is A member of the commit- tee, will ask his colleagues to make a favor- able report on the resolution. All the mem- bers of the comwmittee are men who occupiod high military positiona in the late war, either in the union or confederate armies and all these gentlomen, it would appear, favor the removal. Senator Manderson advances the same ar- gument for the transfer of the old hero's body to this city that Senator Plumb did. He does not believe there will be any material opposition 1n the senate outsidé of what may bo made by the two New Yorki senators. In this belief he is someéwhat mistaken, Sena- tor Hiscock himself is favorable to the reso- lution and will no doubt vote for it. If he does not, he will do no more than rake a mild protest agaivst it, for he, has not hesi- tated to say that the sentimens of the wholo country outside of New York city is favor- ableto the resolution. But Governor Hill will oppose it quite as vigorously as if it were the most important legislation with which the state is 1dentified, The contest between himself and Maunderson, who will havecharge of the resolution,will be watched with interest. t Between CRISP WILL NOT PRESIDE, MceMillin Wil obably Be Sclected as Pro Tem., WasuiNGToN, D. C., Jao, 4.~It is definitely settled that: Spoakor Crisp will not call the house to order tomorrow when it reconvenes. Tho speaker coutinues to improve in health, but his recovery is very slow and has mot yet progressed far enough to make it sata for him to leave his room There seems to be, & general belief on the part of the democratic members that Mr. McMillin will be selected speaker pro tem. Efforts will be made today to ascertain the speaker's wishes in referonce to his temporary successor and custom has made the speaker’s preference al- most the determining factor in such cases. Western Pensions. WasmxGros, D. C., Jan, 4.—[Special Tele- gram to Tuz Bee)—The following list of pensions granted 1s reportoa by Tus Ber and Examiner Bureau of Claims: Nebraska: Origiual — Alexander Fair, John 5. Wintorbottom, Jonathan J. Totten, Avuer C, Fowler, George S. Sturgls, Riloy Thornberry, Philander McKellips. Addi- tonal—Edwin H. Foster, George W. Busby, Nowland Nash. Tncreaso—Isaac E. Johnson! Reissue—Cyrus G. Gurnsey. - Original wid- ows and children —Weaithy A. Flotcher, Elizabeth Downing, Mnrgaretta Nieder- weiser, minors of John L. Browa. ®lowa: Original—Nathaniel G. Trensvard, Max Kreider, Audrew Wallaco, Matthew J. Graham, Shadrach J. Woodson. Additional— Ephraim Hall, Jacob Waltz, Danel P. Sher- man, James Carter. Reissue—Carr Hall. Reissne, ete.—William H. Burham. Origi- nal widows, ete—Minors of fieorgo W. Col- ville; Sisma Tunnel, deceaska; Lucy A. Bry- ant, minor of Frany’ D. Smdth; Malachi C. Adkins, father; Phillip Hegfathorn, fatbor; Robert W. Armstrong, fathex; Margaret Mc: Doywell, mother. ; B Soutl Dakota: Original—James A, Withee, Reuben Kastman, ey ELECTRICITY FOR FLOUR MILL An Interesting Tried at 8 St. Paur, Minn., Jan, 4, terest to manufacturers and _scientists i# to oceur here within the next tivo months—the erection of a great flour mill to be operated entirely by electricity. The structure is to be on the site of the Paul roller mill burned two years ago and is to be under the direction of Kingsland Sm#ith of St. Paul. If the experimont proves a-success, all of the great mills of St. aul and Minneapolis, in- cluding those of the Washburns and the Pillsbury Inglish syndicate, will use electricity as a motive . power. The water fall of the Mississippi is to be used only for the generation, of electricity. Kingsland Smith some vears ago invented the roller process, which then createa a revolution in flour meking, He has been experimenting with elecuricity applied to a mill model for the past yoear aud anuounces that he has solvod the problem of manufac- turing flour with ‘‘harnessed hghtning.” He says: ‘1 have beegue thoroughly convineed of its cheapnessand its entire practicability in running ewqm tho heabiest flour mill machinery. Moredver, [ think it will revolutionize the whoyg guestion of mo- tive powor, and in tho next twa years all the groat x‘unuufncl.uruw coneeras will bs run by eloctri An event of in- New York, Jan, 4.~Captain William B, Meeker of Newark, N, J., a famous scout on the Blackwater during the war of the rebel- lion and a body guavd of Bugler in this city at tho time of tho drafuriotsn ths attempts to burn the city by southern incendiaries, died on Thursday at the watiesal soldiers’ home in Virginia, aged 43, Decaren, 1, Jan, & ~General George W, Patterson, a brigadier genepal of patriarch militant, and one of the best known Odd el lows iu this part of the country, died last night of pavalysis, agedds. Graxp Ravios, Jan, 4. —General Ebenezer Sorague has just diea at the Masonic home here, He was once pfomiment in Masonic circles and was puast grand high priest of the grand chanter, Royal Arch-Masons, and ilustricus past grand master of grand coun- cil of Royal and Sclect Masons, Misfortune reduced him from afiluence to eomparative poverty, PokoNTo, Ont., Jan, 4.—Colonel Gilmore, recently appointed deguty lieutenant gove nor of Ontario, is dead, Ciry oF MExico, Jan, 4.—Joaquin Gareis, the noted general who was General Junrez's right hand wan, died here Saturday night in abject poverty, Constipation poisons tne bload; NDeWitt's Little Early Risers cure constipation, The causeremoved, the disease is gone, o, 02, { RAILROAD OFFICE - ROBBED. Burglars Make a Successful Raid on the Elkhorn Station at Norfolk, | CONTENTS OF THE SAFE SECURED. Absent but o Completed Escaped Though the Agent Was Moment the Thieves Thelr Work with th and Booty, Nonrork, Neb, Jan. 4.—[Speclal Telo- gram to Ture Bee,|—Tho Eremont, Elkhorn & Missouri Valloy railroad sufe was robbed at the junction this evening at b o'clock. Four suspicious characters were loitering about town today, two of whom were arrestod th morning charged with vagrancy but wera roleasad under promise to leave town. Thoy went from the city to the junction and were waiting in the depot presumably for tho train, While the ticket agent, G. B. Rocl, was absent, having gone to the engino house about twenty-five feet distant, being gone about three minutes, the offive was entered and robved. They gnined entrance by climbing through tho tcket window. The door of the safo was closed but not locked. They opened the door and broke the insido door of the safe off with a hatchet which thoy left 1n the oftice. i They securca $130 in cash and a time check for §35 signed by C. I, Fisher of Chicago, nlsoa check for $10.25 issued to Georgo Dampsey of Norfolk. Tho_description of tho men is as follows: One about five feet six inches, about 28 years old, pockmarked, wears plushi cap aud” blue black overcoat; second, five feet nino inches, light complexion, blue jacket and hair cut squaro vehind. Nebraska's Death Roll, Nenraska Ciry, Nob., Jan, 4.—Spoecial to T Ber,]—Mrs. Susan M. Tailey died athor late residence, No. 300 North Ninth street, last night. Mrs, Tailey, at the time of her death, was the olaest resiaent of the county, having located in this city in 1553, Mrs. Tailoy was 87 vears of age. Word has just been recoived in this city of tho death of John Reiunitz, ouo of the pioneer German citizens of this place. He was the teader in German musical circles in this city twenty-five years rgo, Ho died at St. Louis. Tue funeral of . W. Ireland of Syracuse, who died at Blaiv Saturday will be neld today. Mr. Ireland was a brother of Mayor Ireland of this city, aud was oue of the most popular and agrecable gontlomon of this county. He was well known in this city Coruypus, Neb., Jan, 4.—[Special to Tue Bre.]—Mrs. Patrick Murray, wile of a pioneer resident of this county, died this morning. Mr. and Mrs. Muvray’ located in Platte county in 1856, and Mr. Murray was prominently 1dentiffed with the Indian troubles in Platte county’s early histor. Mrs. Murray suffered a stroke of paralysis several weeks ago, from which she never re- covered West Poixt, Neb., Jan. 4.—[Special to Tie Bip, |—Archibald Robertson, who for many years farmed south of West Point, and who' had n larze acquaintance jn Cuming county, died at Wobster, S. D., New Year's day, of cancer in the stomach.’ The deceased was a thrifty aud intelligont Scotchman, Ho came to this country nineteen vears ago aud @ight years azo removed to South Dukota, His rémains were brought to_this city Satur- day and interred under the Masonic auspices, Ho lcaves & wifo aud sovon children, most of whom are grown. 4 Jolned the Paving. Bearrice, Neb,, Jan. 4.—[Special Tele- gram to Tue Bee.|—County Judge Bourne has granted a temporavy injunction againsv grading, paving and curbing Market and North Sixth streets. The petition wus asked for by J. H. von Steen and 5. Abell, who claim that the original petition for paving these streets was siencd by a number of parties who did not own property on the streets in question, and that agents signed the petition without the authority of their principals. The case has been carried to the district court and the city given leave to file an answer. The date for hearing has not yet been fixed. For Cutting OfF un Avm, Frexoxt, Neb., Jan, 4,—[Special to Tue Bee.]—An interesting case has just been tried av North Bend, in which Dr. Blair of that place brought suit against the Fremont Hemp and Twine company to recover #75 for professional services in amputating the arm of Frank Kelley about a yoar ago. Kelley was injured in the machinery of the company in their tow mill at that place, and Blair brought swit against the compuny on the ground that it is respousible for damages done to un employe. The doctor won his case in the justice’s court, but the case will be ap- pealsd to the district court. It Broke His Leg. Nenraska City, Neb., Jan 4,—(Special to Tue Bee|—J. V. Critehéield, a packing house employe, recoived a kick from a steer recently, but aside from the pain caused by the blow was appageatly uainjured. Satur- duy he slipped und wrenched his log a little, and whon a pysician was called in he found that Mr. Criichflold’s leg was broken. It had beon brokon by tho steor, and the fact was unknowir until the doctor was called in and examined it. e Kept the Tr ngs. Nenraska Crry, Nob, Jan. 4,—([Special to T Bee.|—The police of this city are on the lookout for a man named Wells, who is charged with having stolen a horse from Charles Bacon, who lives two miles west of the city. Tho' horse was stolen Saturday night, together with a fine saddle and bridle. Sunday night the horss was raturned, but the saddle and bridle are still missing. Wells was seen 10 Auburn yesterday. A reward of §20 is offered for his arrest, skt Mortguges, Poxea, Neb., Jan, 4.—[Special to Tue 5.]—The following mortgages were filed and released in the clerk’s oflice at this pl during the month of Decomber: Farm mort- gages filed, §22,444.50; roleased, §18,520; city mortguges filed, $1,335; released, $300; chat- tel mortgages filed, &34, 0; released, §22, 447,87, AllL Omeers ted, Ciay CrNter, Nob., Jan, 4.—[Special to ‘Tae Bek.]--The Clay county alliance held 1ts rvegular quarterly meeting here today with only a fair attendance. A. P. Randall was elected president and N. O. Alborts soc- rotary, An effort is being made to start a paper at this place in the iuterest of that order, Beatuice, Neb., gram to Tue Ber.|—A new church socioty, the Second Presbytervian, was orgauized in this oty yesterday. IKav. C. H, Brovilette is the pastor, 'T'ho new society starts out with & membershin of thirty-five and is located in West Beatric At the Point of 1 Nenraska Cury, Nob., Jan. 4.—(Special to Tur Ber.]—Mrs. Josiah Rogers, the widow of Hon, Josiah Rogers, whose doath was re- ported last weel, 18 lying at the pownt of death at hor home in Syracuse. She has not been informed of her busband’s death, Diniels—Authers, Nesraska Crry, Nob., Jan, 4.—[Special to Tuk Beg|—Charles H. Authors and Miss Mary Daniels, buth of this clty, were united in murriage by Judge Eaton yesterday. -[Special Telo- Behrendt Bound Oy Fuesoxt, Neb., Jan, 4.--[Special Bee.)—-Charles Behrondt was taken before County Judge Hunter this afternoon at 4 o'clock 1o answer Lo the charge of muvder- to Tue DA1Ly BEE. DAY MORNING, JANUARY | tug his brother sulius near Seribner on the night of December 24, After the information | was read, further preliminaries were dis- pensed with and the prisoner was remandod | 10 Jail without bail to await his trial at the | next term of the district court, which con- | venes February 1. In the Divoree Court, Nennaska Crry, Neo,, Jan, 4.—[Special to Tue Ber,|—Mrs. Eiloa N. Pinney has bogun an action to secure a divorce from her hus- band, Nelson R. Pinney. Tbe varties aro highly respectable peopie, Mr. Pinn, an old captain on the Missouri rv ago. Mrs, Pionoy also asks for the custody of hor two children. The divoreo is asked on the ground of cruelty. ) Wants a Sugar Fu Yony, Neb., Jan, 4.—(Special to Tk Bre. —The York County Agricultural socicty at its meeting on Saturday evening appointed three men, Robert Armstrong, J. B, Brooks and J. . Harrlson, to go to Grand Island, investigato tho sugar boot question thor- oughly in its practical bearing; two weeks, If a factory can bo secured wants it, York hool ndidates, Bearnice, Neb,, Jan. 4.—[Special Tele- gram to Tur Ber.|—Pat O'Hallen, white, and Bort Walker, colored, two youthful in- corrigibles, were apprehended yestorday stoaling ' couple of grips from the Rock Island depot and were today examiued beforo Judge Bourne and ordered sent to the reform school at Kearnay. Reform Corn for Russia, Youk, Neb.,, Jan, 4 Special to Tne Bre.]—At a called meoting of the farmers on Saturday evening a committee of whreo, J. Gardner, V Kastman and Abe Nichol: was appointed to go through the county and arrange for a car load of York county’ corn for the starving Russians, St of the S Norroug, Neb., Jan, 4.—|Special Telegram to Tne Bee. |—This eveniug ut the Masonic temple occurred the first leap year ball of the season, many being present from adjoin- ing towns. About 100 couple were 1o attend- anco. It was the most enjoyable in the listory of Norfolk socioty. DISTINCT GALN FOR SHERMAN. ason, The Fight for the Ohlo S toa © Corunpus, O., Jan, 4.—The senatoriul con- test this morning shows hopeful evidence of an early solution. One by one the doubtful assomblymen are being forced to yield to public pressure or the clamor of their constituents and declare themselves until the list is becoming so small that the result can soon be safely declared. Last night Senator Parker of Ciyahoga declared irrevocably for Kor- aker, and this morning Senator Rawlins of Clark comes out for Sherman. This 1s a dis- tinet gain of one for tho Shormanites, as Rawlins had boen coustantly claimed by both sidos, Tho Shorman people this morning insisted they will have the support of Senator Lamp- som, president pro tem of the senate, but tho Foraker people also claim hiw, whiie the senator himself still maintuins bis position of uncertainty. enator Sherman, on being questioned, said: “I bave received assurances that Lampson will cast his vote for me.’” Strong efforts are being made by the Fora- ker men generally to induce labor organiza- tions throughout the state 1o declare for Foraker and against Sherman, A little excitement was occasioned this morning by the claim of tho Foraker people that the Sherman forces were endeav- oring to secure the vote of Repro- sentative Pudney of Clevelaud through the influence of Chauncey M. Depew, who, thoy said, lad consented to take a hand in the fight for Sherman. It was dis- covered this meant that Pudney would be deprived of his position us attoraey of tho Lake Shore & Michigan Southern railroad company at the town in which he resides if he fails to vote for Sherman. The Sherman paople denounce this statement as malicious and state that neither Depew uor any other corporate vepresentatives are endeavor- ing to coerce men izto supporting Senator Shorman, The two houses of the general assembly met at 10 this mormag and organized by elecling Senator Lampson of Ashtabula as president nro tem of the senate and Representative Luvlin Huron as spealker of the house. The regular caucus nomineas for the minor posi- tions woro also elected. In his message to the general assembly Governor Campboll confined himself to a renewal of such sug- gostions and recommendations as were mado by him to the sixty-ninth assembly and not acted upon by that body. Sherman republicans made no attempt to seat George Iden in the Iden-Gaumer contest this morning, so the anticipated conflict bhe- tween the Foraker and Sherman forces in itorship Draw- pse. the sennte did not take piace, and the ouly dispute over the question was whother the case should be reforred to tho regular com- mittee on privileges and elections, when appointed, or to a special committee, cousisting of Nichols and Carpenter, republicans, and forbes, democrat. Tho latter was the proposition of the republicans, and it prevailed by a strict party vote. As the republican members of the committee are both Sherman men there is no doubt they will report in favor of seating Iden without delay. Foraker senacors refuse to indicate what course they will pursue in case the committee reports in favor of seating lden. et WILL HELP ORGANIZE THE SENATE, Independent Republican Member of New York's Legisluture Declares Himself, Arnaxy, N. Y., Jan, 4.—The doubts os to the position Rev. Dr. Edwards, who has been olectod to the state senate -from the "Thirty-second district, would take as to the organization of the senate have beon set at rost. He has beon marked in tho lists as an “independent republican,” and anxiety has existed as to whether he would sit with the democras to organize the senate, or whether, if the republicans absented themselves to provent a quorum, Dr. Edwurds would join them, A correspondent last unight put'the question to him, *Will you go into tho republican caucus?” was asked. “1 shall not attend either the republican or democratic caucuses,” was the reply. WL you take part in the souate orgamza- tion?” “Yos; T believe my duty to my constit- uents and to the public requires me to be in tho seat to which I have been elected. The sonato must organize to transact public busi 5. 1fit did not do so, incalculablo hurm would come to the state. ' The matter is far too important for any delay, which at the most would be but temporary. I was elected to represent no etique, and shall ve perfectly ndependent in my course this winter, If a republican measure appeals to my sense of justice and propriety, 1 shall support . I will adopt the same =onsistent coprse toward democratic measures. 1 will not support any bill which my conscionce doos not approve.” By GARZA SURROUNDED BY TROOPS, evolutionist in The Mexican § Hep 1 to Be Bad Box, Laneno, Tex., Jan, 4.—It is stated here that the Mexitan vevolutionist, Gavzs, is surrounded in the chapparral iu the extreme northeastern corner of Zapata county, by United States troops aud rangers, and that it 15 almost impossible for him to escape, either Lo the northward or in the dircetion of Mexico. e 2l Auother Job Credited to Sly, Sr. Louts, Mo., Jan. 4.—Sly, the suspected endale express robber, has been identifiad 8 the perpotrator of the postofice robbory at Station C, Novembe Kussia Wants & New Loa Pamis, Jan. 4.—A Russian financier arrived in this city yesterday, commissioned to nego. uiato & new loan with' vankers bere as speed- 1ly as possible, nd ropx et in | — | R 202 HE, KNOWS HOW IT IS BONE. UMBI s.tice Brewer Explains How Railroad Core % irations Occasionally Defeat the Peoples 5/LD BE REGULATED BY THE COURTS, Zth a Majority of the Supreme Bench - the Logic of the ~ N Jurist was Generally b Acknowledged, B the Compa .;" Weste 2, 513 PoURTEENTIN STRERT, Wasinxaroy, 1, C,, Jan. 4. In the supreme court toduy Associate | Justices Brewer, Hurlan and Field laid down some law which will attract widespread | attontion, espocially in tho far west. It was provoked by the case against tho Northern Pacific Railroad company from the stato of Washington, The railrosd compuny, some timo after Yakama City was established, withdrew 1ts station from that point and located it some four miles distant, where it established the city of North Yakama, 'The object of the company was, of course, to croate a boom for its own town lots, The first city establishea brought suit by the county attorney to compel the railruad to maintain for the accommodation of the poos ple a station at Yakama City and in the suit was successful. Lhe company appealed to the suprema court, holdiug that the greater number of its patrons were accommodated by the station lnst established and that it was not in the interest of the public thav the station first established should bo maintained ulso six of the members of the court took this view of the case and ovarruled the decision of the court below, but Associate Justices Brewoer, Harlan and Iield dissented. Justice Brower's Logle, In announcing the ground taken by the dis- senting justices, thero was great enrnestne: shown in the mavner and words of Justice Brower, who was appointed from Kansas and is thercfore familiar with the manner 1 which vailroad compnnies in the west strike AsniNgToN Bureav or Tae Bee, } down cities in which they are not, in & landed way, interested for the purpose of building up their own towns to scll corner and inside lots, Mr. Brewer's voice arose high above the din about the court room as he intimated in unmistakable language that the position as= sumed by the majority of the bench—that a railrond " company his a right to locate it's own stations without rogard o the intorests of tho people —was neither justitied by luw nor common decency. (e said ho was vory familiar with the motives which prompted railway companies in the far west to tear down a thriving town in order that thoy might build up -another town upon ground awned by thom, “I hold as due the two justice n this opinion,” said Justice Brower, ingly. “that the suprome court of tho United States, if not the courts of the states, has the vight to compel a railroad company to locate and maintan a station where the interests of the public demand it. I hold further, that it is a violation of the law and a woral crime, for a great corporation and pub- lic servant to destroy the property of others for their own interest: Illustrated the Case “I hold that the suprame court of the United States has tho authority, as an illus- iration of what the dissenting justices stand upon, 1o force a railroad company to maine tain ostablishad stations wherevar the iuter- ests of the public demand them, even to tha detriment of the company’s interests. For instance, should a railFoad be constructed from Kvansville to South Bend in the same state, via Indianapolis, and it shou!d pleaso the company to go four or five miles out of the latter city to locato its station, the su- premo court has the authority to compel it establish and keep up a station in the eity of Indianapolis.” “Three or four of the most eminent lawyors intho country, including two ox-attornoy zonorals, who' heard the statement of Mr. Brawer, suid afterwara that it wus good law and should bo enforced. To make the Yukama City case plain, it should be added, at the timo the Northern Pacific withdrow its station and established a rival city ther was no town at all on the second site an therefore it was a case of a corporation de= stroyiug Lhe interests of public and private property. South Oma al Building, Senator Manderson will tomorrow intro- duce a bill in the senate upproprinting §100,000 for the purchase of a site and construction of a public building in_ South Omwaha, Senator Manderson told Tug Bk corro- spondent today that ho took this step without ~much hope of ultimate success in this congress, but at the solicita- tion of his friends there, and he felt it would do no harm to introduce the bill and push it, even though there was little hopa of its final adoption. 'I'he senator said that precedence was given public building bills for cities where terms of the United States court are beld, and that inasmuch as there are bills pending of that character for Nebraska and the lower house of tho present congress was strongly democratic and on record in opposi- tion to public building bills and every other kind of public enterprise, the chance of adoption of tho houso were very fow; how- ever, he would push it through the senate and give it some prestige at least. Other Bills to Be Introduce Senator Manderson will introduco other bills as follows: To rofund to tho state militia_of Nebraska the large amount of camp and garrison equipago and stores burned at_ Milford, Neb., last year; to make payment to Samuel J. Haynes the money erroncously and by mistake paid on his homestead entry; creating a board to revise and modify laws relating to the grantiug of pensions; granting an increase of pension to Heury Marting making blinaness come within tho featuro of the present pension laws, which continuo permanently the pen- sion to_the orphans of soldiers who aro per- manently disabled, after they arrive at the ago of 16 years, tho present laws not recog- nizing blindness as being as *utterly helpless and permanent disability’ when ‘sustained by the orphans of the soldiers. Miscel Assistant Secretary Chandler today af- firmed the deeision of the general land cou missioner, dismissing the protest against final proof submitted by Lute and accepting proof in the preemption decluratory state- ment contest of D. W, Luto against James B. Tridle, from tho North Platte district. He also aftirmed the decision in the pre- emption filing case of Nels M. Prombus agaiost Fred A, Basford, from Huron, 8, D, The decision is in favor of the appellant and cancels the original entr B, 8. H, S LA RICH HAUL BY HLGIWAYMEN, a Stage o Montann the Passengers, Herexa, Mont., Jan, 4.—A stage couch be- tween Bouner Ferry ana Kootenai station, in Missoula county, near ldaho, was held up last night by three men who went through the passengers and seoured & quuntity of jewelry and some money. The heaviest loser was Ed L. Huntiey of Chicago, a traveling man for a wholesale clothing house in that city. He lost @ wateh and diamonds which he says were worth $14,000. Huntley had beeu traveling in Flathead county and thinks the job was done on his account, ‘There were three feet of snow on the ground, and the stage was on runners, About 6 o'clook, in tall timber, the masked men stopped the coach and presenting theiv revolvers made the passeugers, four men and two women hold up their hiands, Contrary to the estab- lisbed preoedont the women were robbed as well as the men. aisseating s Fed. neous, oy Hold U I Rob - The rosy froshuess and the velvety soft- uess of the sk is vaviably obtained by those who use Pozzoni's Complexion Powder. Dewitt's Litile Kurly Risors, best pills