Omaha Daily Bee Newspaper, February 2, 1892, Page 1

THE OmMmAHA DAILY BEE. & BOYDS TITLE CLEAR | Final Decision Rendered by the United Btates Supreme Court. - JUST AS OUTLINED BY THE BEE Exclusive Reports Four Weeks Ago En- tirely Confirmed, NOTHING STARTLING IN THE RESULT It Was Anticipated from the Beginning of = the Litigation, FULL SYNOPSIS OF THE DECISION f Justice Fuller Reads the Opinlon from ench Before a Crowd of Inter- ested Lawyers, C und Nebraskans, ‘Wasimixaroy, D, C., Feb, 1.—|Special Tele- gram to Tug Bge.)—Tne Bre's exclusive announcement of the result in the Boyd- Thayer case, which was laid before its read- ers weoks ago, was finally verified today in court when Chief Justice Fuller handed down the opinion roversing tho decision of “ihe Necbraska supreme courtand declariag James IX. Boyd to have been a citizen of the United States at the time of his election as governor of Nebraska. The decision s un usually long, covering twenty-one closely printed pages, a largo portion of which is oc- cupied with a recital of the frets in the case, The main pofnt upon which the opinion rests and which all judges but Justice Fleid con- curs, is that the attorneys of General « Thayer, i their demurrer, practically con cede the naturalization of Mr. Boyd's father in 1854, while throwing the burden of proof of such naturalization upon Governor Boya's attorneys. Predicted by § This is the very point which Senator Man- derson cited as'likely to prove fatal in the briofs of General Thayer's attorneys several doys bofore arguments were made. Chief Justice Fuller based his opinion, as will be scen, also upon tho tervitorial inhabitancy argument of General Cowin and inferentially ~ 'pon Mr. Estabrook’s ingenious ploa for the " inchoate rights of minors ratifiod by subse- *Quent action of parents. From thoso points threo justices dissented. All but Justice Field, however, who denied the jurisdiction of the court to take cogui- zanoe of the case, agreed ia the opinion of Sustice Fuller upon the main point relied upon. Ex-Attoracy General Garland made two vigorous attempts tosecure an immediate mandate of the court addressed to the Nebrrsku supreme court, No Immediate Mandate Issued. The court declined to issue such per- emptory orderon the groand thatit was usual to notify attorneys of the intention to Issue such a mandate. As the court ad- Journed today until February 29, General X'hayer can continue to draw the pay of the office for another mouth if he waits for the formal decree of the court to reach Nebraska. Mr. Bryan of Nobraska succesdea in inter- Jecting during debate on the rules in the house, an announcemont of the supreme rourt deaision with a remark vhat popular government had been restored in Nebraska. Governor Dingley of Maine tried to ohoke bim off, but ineffectually. Mr. Bryan, when finally got the floor, said: Boyd's Election Reviewed In the House. I move to strike out tho last words. Itis Jj ot because I have any special dislike for the )1 st word,’ but I desire at this time and un- Aier this motion to convey to those interested Bn idea of lntelligence which I am svre it will bo glad to receive. In 1890 the people of Ivebraska, by a plurality of more than 1,000 votes, elected Hon. J. E. Boyd as governor of that stats. Tho retiring governor contested the election on the grounds that Mr. Boyd, although for forty years a resident of Nebraska, twice mayor of Omaha and the member of two constitutional conventions, was not a citizen of the state within the provisions of tho con- stitntion. Tho state court, by a vote of 2 to 1, declared Mr. Boyd not a citizen. I wish to announce to this house that the United States supreme court has just declared Goy- ernor Boyd & citizen and entitled to the ofico. Tho nows 1s thus conveyed to you that this house may joln with the people of Nobraska 1n rejoicing over the restoration of popular government in thav state,” Domocrats App 1 I™ The words of Mr. Bryan were roundly ap- plauded on the democratic side, Around the court add the capitol genorally the decision excited but little comment, as 1t had been so thoroughly anticipated by tae press that the only surprise evinced was tne neoedless delay of the court in rendering it. It can now be said that the decision was reached by the court in private conference on the Saturday before the publi cation in ouly seven papers in the United States; that kaowledge of tho fact that a decision was reached was known to seven correspondents only ou the Monday follow- g, and was retained in confidence unti! the Friday vight succeeding when the result was sent out, The delay in vendering the decision was due to the chagriu of the court at the prema- ture announcement of their deliverations, Nothing Startling In the Declsion, Senator Manderson said of the decision shortly after learning of it this afterncon: “Boyd is my governor and the governor of every other citizen of Nebraska. He will continue for about a year, and then we shall | "try to puta good republican in his place, There is nothing startling in the docision, 1 am not surprised at it, because of an allega tion in the petition as 1o the naturalization of Boyd’s father during Boyd's minority, This allegation was by 8 demurrer which was filed, admitted to be true, SYNOPSIS OF TH ator Manderson. DECISION, Full Text of the Opinion as Rend the Supreme Court, W ASHINGTO! . —[Speclal Telo gram to Tue Bee|-Thg Uuited States supreme court, in au elaborate opinion by Chief Justios Fuller, held today that James B. Boyd 1s 4 citizen of the United States, aud was & citizen for two years preceding his eloction as governor of Nebrasky, and that onsequently be is entitled to the ofice, aud # that John M, Thayer, the hold-over governor who denied the right of Boyd to succeed ’ him, must give way. All the justices of the ed by court, excopt Justice Field, unites i the conclusiou that the United States supreme court has Jurisdiction of the case. Justices Harlan, Gray aud Brown, while | eonourricg in the couoclusion of the court that Boyd was a citizen of the United States, did so on the ground that the exercise of all the rights and privileces of citizenship by Boyd's father, a resident of Ohio, as shown on the record, established the asser- tion made by James £. Boyd and his tlllllf‘!‘. that the latter had, in 1854 taken out his final naturalization papers aithough there is no documentary proof of the issuauce of those papers, ¥ s These thres justices, although tho fact was not stated in so many words by the court, did notassent to the conclusion reached by the other justices, that Boyd was also a citizen on the ground, viz., that the enabling act of Nebraska coustituted a collective naturaliza- tion of all the inhabitants thercof at the time of admission into the union, unless they had stated that thoy had intenaed to retain their rights as subjects of forsien nations and that the various offices held by Boyd and the ex ercise of the right of suffrage by him with the oath of allegiance to the United States he took ut various times, shows clearly it was his intention to become a citizen of the United Statos, and that ho so consiaered himself, The following is a summary of the opinion of the court which is not a verbal etatement of its argument, though following the con- clusions reached and the line of reasoning of the opiuion. Synopsls of the Opinion, The court says that on January 13, 1801, the leave was granted to Johu M. Thayer by the supreme court of Nebraska to file pro- ceedings looking to the ousting of Boyd from office of governor of Nebraska. The court then renews the charges contaned in the information filed by Thayer, the point as Is well known being that Boyd's father, although he had declared his intention o be- como a citizen of the United States and had in Ohio for years exercised unquestioned the rights of voting and bolding office, had in fact never taken out his final naturalizn- tion papers and thorefore was not a citizen and that as James 1. Boyd himself had never been naturalized but had voted and held office under the belief that his father become a naturalized citizon while he was a minor: that, there- fore, under the constitution, James . Boyd was not a citizen, and therefore not ehigible to tho oftice of governor of Nebraska, the constitution requiring that tho governor shall be a citizen of the state for at least two vears preceding his election, By Birtue of the Enabling Act. Boyd. in his reply, held that the enabling act of Nebraska constituted a collective naturalization of all its inhabitants at the time of admission to statehood, and also as- serted that his father had in 1854 taken out his final naturalizatior papers, although the record did not show such a fact. The court first dovotes somo space to an argument in support of its right of jurisdic- tion under the mode of proceedure under which the case comos beforo it, reaching the conclusion thut while the attorney general of the state refused to institute a suit against Boyd, Thayer as the agericved party had a right to bring the suit on the nominal name of the state, and that the question belng one of a denial of a constitutional right to Boyd, had made 1t a federal question whica could e reviewed ber The court says it understands that it is 1nsistod that Boyd was an alien because his disabilities as a foreizn born crtizen had never been removed by naturalization. Con- gross, it says in the exercise of its power to establish a uniform rule of naturaiization, has enacted general laws for the naturaliza- tion of individuals but that the instances of collective naturalization by treaty or statute are numerous. Favors Collective Naturalszation. The court then says: There can be no doubt that in the admission of a state & col- lective naturalization may be eftected in ac cordance with the intention of congress and the people applying for admission on au equal footing with the original states, inall respects whatever, involves the adoption as citizens of the United States of those whom congress makes members of the political community, and who are recognized as such in the formation of the new state with the consent of cougress. The question is not what a state may do in respect of citizenship, but what congrrss may recognize in that re- gard in the formation of the stat The application of this doctrine is then made to the state of Nebraska and its various proceedings, looking to its admiseivn, are then considered, One clause of the state constitution adopted that whito persons of foreign birth, who had doclared their inten- tion to become citizens, should be considered electors aud this congress amended by de- claring that it should not operate as a dis- crimmnation on account of color. These pro- visions in connection with section 14 of the state constitution that *‘no distinction shall ever be made by law between resident aliens aud cltizens in reference to property,” seems to the court a clear recogrition of the dis- tinction between those who had and those who had not elected to becoe aliens, Declarations Were Suflicient, 1t follows from tnis that all who had de- clared their intention to become citizens congress so regardea and placed those whose naturalization was complete in the same cat- egory with persons already citizens. But, says the court, it is argued tbat James E. Boyad had never declared his intention to be- come a eitizen of the United States aithough his father had, and that because, as alleged, his father had not completed his unaturaliza- tion before his son atiained his majority, the fathor cannot he held to have been made a citizen by the admission act of Nebraska, On this point the court quotes from the acts of 1790, 1705 and 1802, that, minor children of naturalized parents shall, at the age of 21 years, be deemdd to be citizens,” The statutes, it says, leave much to be de- sired with reference to nationality laws and the statements of his pavents, who declare their intention but do not take out final papers before the children reach 21 years of age. Clearly minors, the court says acquire av inchoate status by the declaration of in- tention on the part of their parant Technical Points Repudiated, 1f they attain majority before the parent bocomies to be a natural citizen, they have & right to repudiate tue statusand accept foreign ullegiance rather than hold fast to the citizeuship which the parent's act has ivitiated for thewm. Ordinarily the minor makes application on his own behalf for nat- uralization, but it does not follow that an actual equivalent may not occasionally be ac- copted in licu of & technical comphance, The history of Boyd is then tracea from e voting in Obio 1h 1555 under the belief and assurance frow his father that he (the fathor) had taken out his final papers, Theu 1s traced Boyd's long curcer in Nebraska as voter. office-holder and soldier against the Indians with the view of showing that for over thirty years Boyd had eujoyed all the rights of citizenship. The hardships of the ploneers is briefly referred to, and the cour- tosy—the policy which sought the develop ment of the country by inviting the partici- ton in eitizevship those who would en gage 0 the labors and endure the trials of frontier Llife whick has so vastly contributed Lo unex- ptentions Clearly Shown, OMATHA. ampled progress of the nation—justifies the application of a liberal rather than a tech- nical rule in the situation of the question consideded. Oath of the Son Sufced. Under the circumstances, James E. Boyd, the court says, is entitled to claim that if his father did not compiete his naturalization before his son had attained majority, the son cannot be held to have lost the Inchoate status he had acquired by the declaration of intontion; on the contrary thut the oaths he took and his action as a citizen entitie him to insist upon the benefit of his father's act and has placed him in the same category as his fathor would have occupied if he had emigrated to the territory of Nebraska; that, in shorr. he was within the intent and mean ing of tne acts of congress in relation to citizens of the territory and was made a citizen of the United States of the state of Nevraska under the orgamc aud enabling acts and under the act of admission. Anotherand snhorter course of reasoning brings the same conclusion. it takes up the averment in tho auswer of Boyd, declaring that his father had made his declaration of intontion and had for forty-two years exer- cised the right of citizonship in Ohio and also distinety alleging “on information and belife that prior to October, 1858, his father did in fact complete his naturalization in strict accordance with the law and informed respondent at the time of that fact.” Precedent Established, "The court helds, on the authority of Justice Miller in Mijchell against Clarke, that it has the rignt to determine for itself the safticiency of this allegation and that it is not concluded by the view taken by the Ne- braska supreme court. Itis true that under the naturalization laws, naturalization can ounly be oompleted before acourt and that the usual proof of natualization is a copy of the courts record. But citing Blight against Rochester and Hogan against Cartz the court suys 1t is equally true that where no record of naturalization can be produced, evidence that a porson having the vequisite qualifications to become a citizen did in fact and for a long time, vote and hold office and oxercise rights belonging to citizens, is suf- ficiont to warrant a jury in inferring that he had been duly naturalized as a citizen, such being the settled law the court says there can be no donbt that the fact that Boyd's father became a naturalized citizen before October 1854 is well pleaded in Boya's an- swer and is therefore admitted for the de. murrer on behalf of Thayer. Specific allega- tions of the time and place and court of naturalization would have been superfluous and in view of Boyd’s imperfect information as manifestupon the faco of the answer of a transaction taking place long ago hardly pos- sible. How a Jury Would Have Held, Under the allegations made, a jury, the court holds, would have been warranted in inferring that Boyd’s father became a citizen ot the United States before 1845, and conse- quently that Boyd himself was a citizen. For this reason, without regard to any other question argued in the case, tho court says Boyd was entitied to judgment upon the de- murr. Justices Harlan, Gray ana Brown con- curred in the conclusions of the court for this reason only The court’s order reads as follows: aal Order of the Court, ‘“The judgment of the suprems court of Nevraska is reversed and the cause re- manded to be procesded in according to law and in comformlity with this opinion.” Unless the Nebraska courts should, of their own accord, depart from the usual cus- tom, Governor Boyd will uot be reinstated in oftice before March at the earliest. Ex-Attorney General Garland asked for a mandate from the court this afternoon, but Chief Justice Fuiler saia thav the court could not depart from its usuaf\ custom ana would not issue a mandate before he usual time unless notice of attention be given the otherside, The motion of Mr. Garland was therefore denied. As the court today ad- journed until February 20, this action of the court will have the effact of delaying the is- suance of the court’s order until after its re- assembling. DOWN AT LINCOLN, citement Manifest — What They Will All Do, b., Feb. 1.—|Special to Tue Bek. |—Contrary to general expectations, the receipt of the news of the Boyd-Thayer do- ision in this eity today failed to create even avippie of excitement at the state house. ‘The people of Lincoln had long since settled down to the conviction that the foreshadow of the decision, first published in this city exclusively by Tue Bee, was correct. The decision has been expected each succeoding Monday, and the knowledge that the su- preme court would adjourn today led every- body to contidently expect the final opinion. The news was first received at the execu- tive ofice by a telephone message from Omaha and confirmed a few moments later by private dispatches, Governor Thayer had aiready heard the news when he entered his ofice, and _was undisturbed at the au- nouncement, When Tie Bre representative entered his office the governor was busily en gaged 1n afixing his official signature to a number of school land leases that haa been drawn up by the commissioner of public lands and builags, He refused to expross any opinion whatever, merely saying.that he would, of course, “*bow to the decision of the supreme court.” Decapitated Himself, Among the firsy callers at the exeoutive oftice was Colonel Harry Dowus, chief clerk of the bureau of industrial statistics, The gallant colouel was the first to break the news of the Nebraska court's decision last May to Giovernor Boyd, and 1t has been a leading question whether his head would or would not buwp fhe bottom of the basket before those of the other appointive officers. When Colonel Downs learned of the decision he deftly removed his oficlal head himself and placed it at the disposal of Governor Thayer, thus relieving Governor Boyd of the pawiful’ necessity of performing the oper- ation. Ol Iuepector Carns was asked whether he would follew Colonel Down's exa tender his resignation to (Govern hefore Governor Boyd took poss He replied that be had uot considered the matter. it is believed, however, that all of appointive officers will teuder their resigna- tions, thus leaving @ choice assortment of vacancies for Governor Boyd to fill as soon as ho takes possession of bis office again, A1l Ready for Governor Boyd, The exscutive offices al the state house are all reaay for GGovernor Boyd when he comes into bis own again. The work for the pust three weeks has been quielly directed to that end. This afternoon Morton Smith and Colonel Tom Cooke, the executive clerks, were busily engaged iu sorting over papers, completing records, etc. The work of the oftice will ba carefuily completed and left in good shape for the new administration, Not astraw will be laid in the way of Governor Boyd’s eutrance upon wis ofiicial duties. Goveruor Thayer'ss friends say he has simply done his duty as he understood it. He wanted My, Boyd's citizenship fuily established. It bus been so established in the court of final resort and the contest 1s ended. About the only thing that Governor Boyd will not flug waiting for bim 10 the execu tive chamber is the mawmoth oakeu chair presented him with $0 wmuch eutbusiastic ostentation by the Samoset club of Omaha. The chair has been roposing in diguified solitude in apother part of the building. Its presentation will again devoive upou the TUESDAY MORNING, FEBRUARY 2, members of the Samosat, and_it is believod that they will perform the fremony witt evan a greater demonstration ¥Wima upou the former occaston. Governor Thayer's Fature Qourse. Governor I'hayer will go from the execu- tive offica into an active businoss carcer. Ho bas idontified himsell with & syndicate of braska gentlemen who are intorested in a ew deep water harbor town on the gulf coast and will in the futuge devote his timne to the development of & new commercial rival of Galyaston, The syndioate 1s com posed of Governor Thayer, . K. Montgom- ery of the German National bank of this city, T. M. Lowry, the well known Lincoln grain man; R. R. Greer of Kearney, A. L. Strang of Omaha, State Trevsurer Hill, At- torney Gene:al Hastings, Sovretary of State Allen, Auditor Benton and J. L. Carson ot Brownsville, These gentlemen have pur- chased 2,600 acres of land at Morgan’s point. on the Gulf of Mexico, twenty-two miles south of Houston anu thirty-six miles from Galveston, It is the only point along the coast where high land snd dcer water meet. At this point a new city named La Porte has been platted and the syndicate will turn 1ts attention to the development of a new me- tropolis in the southwest. Governor Thayer will take & prominent part in this work, and he will undoubtedly find it both congenial and profitable. Don't Want an Extra Sesslon, Tur Ber reprosentative has talked with the leading members of the democratioc party of Lincoln, together with inany prominent members of the farmers alliauce who aro here to aitend the meeting of tho state alliance, and he finds that the sentiment in opposition to an oxtra session is genoral. Such well known democrats as Judge Harwood, J. H, Ames, Albert Watkins, Victor Vifquafn and J. D. Calhoun are opposed to the extra ses- sion on the grounds of party oxpediency. They are unanimous in_saying that an extra session could not benefit the democratic party and that the probability is that it would do it harm. Removal of State Appolntees. The state appointivo offielals who hold thoir positions only through the pleasure of the governor aro prepared to gracefully accept the inevitable, and it is the general impression that they will ngt be kept long in suspense. Louls Heimrod of Omaha will undouvtedly return to the ohief oil wspector- ship ond General Vifquain will once_more don the adjutant general’s uniform. Sheriff Mallon of Fremont 1s again slated for the wardenship of the state nmmemlary while Professor C. D. Rakestraw will be likely to secure his former position as suverintendent of tae blind asylum at Nebraskn City. The friends of Governor Hoyd are expecting a cloan sween. World's Falr Commission, One of the plums at the disposal of the governor is the place now held by R. R. Greer as comunissioner general from Ne- braska to the World's fair. Phereisa sal- ary of $2,500 per annum attached to the posi- tion, and it is not considered here at all likely that a republican will be allowed to rotain so lucrative a place, especially when the power of removal i3 so convenleutly vested in the governor. Thers is & proba- bility that still othor changes will be made in the persopnol of the,commissipn. The gover- nor is bound to retain the political equili- brium of the commission, but beyond this the organization is in his hands. Omaha Grain Inspectorship, Avother important change reported likely to be made by Governor Boyd is in the chief grain inspectorship at Omaha.| It 1s an open secret that the prosent chief inspector is giv- ing satisfaction neither to the State Board of Transportation nor the uwrain men of Omaha, Itis behieved that thp Omaha grain inspection department will ‘ievelop more rapidly under the supervision of & man bet- ter qualified for the positign, and it is alto- gether prodable that a changg would haye been made in the near future, even had Goveruor Thayer remained in the executive office. History of the Case, The history of the gubernatorial contest forms one of the most important, as well as one of the most interesting \n the constitu tional annals of Nebraska. The case first came before the supreme court of the state on January 18, 1891, when Governor Thayer made applicution for permission to file an - formation in the nature of quo warranto proceedings. Later on the same day the in- formation was filed by Governor Thayer in his own behalf, Attorney General Hastings having refused to prosécute the same. 1n his information the governor alleged that James E. Boyd was not eligible to the office of governor for the reasons that he had been born in Ireland in 1334, and that he never baa been a properly naturalized citizen of the United States. Ou January 15, 1891, Governor Thayer ap- plied o the supreme court for.an in injunc- tion to restrain Governor Boyd from exercis- ing the duties of the oftice, apd on January 17 Mr. Boyd was served with a . notice to that effect. February '6, 189, Mr. Bogd filed with the clerk of the supreme court 8 motion to dis- miss the case on the ground hat the petition failod to state facts sufficient to constitute a cause of action, On March 4 the motion to dismiss was argued, and on March 5 the motion was overruled and M¥, Bovd was re- quired to make answer to the general case on March 10, 1891 ; On March 10 Governor Boyd's answer was tiled by his attorneys, John' C. Cowin and John D. Howe. In hs answer Mr. Boyd averred that Le had been for over thirty-two years a citizen of the United States in fact and in law. On the same day Governor Thayer filed bis demurrer to the answer. Od March 12 the case camo up before the supremo court, was argued and taken under advisement. The opinion was handed down on May 5, 1801, Justice Norval reading the decision. The opinfon was & lengthy documant, review- ing the case in detail, It was to the effeot that Mr, Boyd had not established his claims to citizenshin. Chief Justice Cobb concurred in the opinion, while Justice Maxwell dis- sented, K A writ of ouster was served upon Governor Boyd on the same day, and then the contest rested until taken up to the supreme court of the United States, OMAHA, General Satisfaction With the ing of the Supreme ¢ Enthusiasm was at high piteh whe tins were posted at ngon yesterday announciug the fayarable ruling of the United States supreme court upon the Nebraska gubernatorial cou- test, and when Tue Bre extra confirming the report appeared, shouts weut up along the crowded streev The news spread rapidly sud was received with general satisfaction that found its ex- pression in various forms. Home were noisy and cheered themselves homse while others contented themselyes with loss demons tive methods, Governor Boyd Hears fhe News, Governor Boyd was av s son-iu-law's home on Thirty-second stregp when the news was telephoued him from fPuz Bee ofiic about the decision being hagded down. He ot once took the car for his effice iu his new theater and was seen there by a reporter for Tue Bee. ’ Tho governor showed but very uttle indi- cation of unusual elation of spirit over the good news but as be is gapavle of keeping his emotious pretty much to bimself it is not at all improbable thdt he felt a deep and thorough sauisfaction in contemplating the personal victory so k)n' delayed and 50 patiently and manfully won. *'All T have to say Tor publication is this,” saidGovernor Boyd, looking as calm and de- liberate us though he were talking about plans for avother splendid busivess block in Omaha, *‘General Thayer can no longer act as governor of Nebraskn after the handing down of this opiniou, Any act of his after the cpinion has been pendered i the capacity of a governor would be illegal. 1 am governor of the stats of Nebrasks, wheth er I am i Omaba, Lincolu or somewhere else. The question of taking the chair is a secona- ary matter.” “How soon do you exvect 1o ¥9 to Liacolu [CONTINUED OX SECOND PAUE.] 1892, TINKERING WITH THE RULES They Are 8till a 8ubjeot of Discnssion in the House of Representatives, EX-SPEAKER REED'S POSITION SUSTAINED Mr, Cockran of New York Approves of the Ex-Spenker's Idea of a Quoram — Mr. Pickler Hard to Squ! Senate Procecdings, Wasnizaroy, D. C., Feb. 1.—House—""The prinoiplo that the prosence of a majority of members covstitutes a quorum has had the sanction of every court to which it hus been roferred, and T think that it ought to have the sanction of this house.” This was the retort of ex-Spoaker Reed today in defending bimself against tho spirited denunciation by the democrats of his oficial actions 1n the Fifty-first congress. The rules are still the subject of harrowing discussions in the house, and the decree of tho demooratic caucus and the froquent de- mands for the previous question seem alike important in forcing the debate to a close wnd securing the adoptipn of the code re- ported by the democratic majority of the commiiteo on rules. Indeed there is a disinclination in the rank and file of both sides of the house to regard the rules as A party question. Some of the most raalcal features of the code reported by the democratic majority of the committee on rules find quite the finest supporters on the republican side, ana Hon. Bourke Cockrau, the well-known Tammany congressman, this evening sur- prised his colleagnes by eloquently approving the principle of recognizing the ocular evi- dence of & quorum and his speech was en- thusiastically applauded by the republicans as an able defense of Speaker Reed's rulings in the last cougress. After the routine business of the morning, numerous bills and resolutions were raferred, the most important being a resolution by Mr. Arnold of Missouri, requesting the recall of Patrick Egan, minister to Chili. When the consideration of the report of the committeo on rules was resumed, the pending amendment was one offered by Mr. Oate of Alabama, providiag for a committee on order of business to consist of fifteen members (of which the speaker shall be ex- officio chairman). Mr. Pickler of South Dakota wished to offer an amendment giving tho committee on invalid pensions the rights it had during the Fifuy-first congress to report atany time upon general pension legislation; but a de- mand for the pravious question made by Mr. Catchings of Mississippi, cut him off, Called 1n the Sergeant-at-Arms. The speaker defared tho previous question ordered, yeas, 150; nays, 90. Mr. Pickler then moved an adjournment. Lost, 28 to 108. T'ho vote recurring on Mr. Oatest amendment no quorum voted and Mr. Piciler raised that point and proceoded to proclaim that the amendment he wished to offer was for the benefit of the ponsioners of the country. Though Mr. Pickler is pos- sessed of @ strong voica his words wero drowned in a democratio ohorus of “regular order.” In vain di’ the speakor call upon Mr. Pickler to resume his soat, Finally the seryices of the sergeant-at- arms were called into requisition and before tho mengciug mace Mr. Pickler yielded and gracefully took his seat, Mr. Oates’ amendment was rejected. . Mr. Hooker’'s amendment to_strike out tho clause giving the comrmnittee on rules powor to call up its reports at any time and pre- venuing dilatory motions b3ing mude when they aro under consideration was lost; yeas, 21; nays, 12, On motion of Mr. McCreary of Kentucky an amendment was agroed to, requiring gen- eral appropriation bills to be reported within eighty days of the appointment of the com- mitteos iu a long session and within forty days in a short session, Polo of the Supreme Court’s Decision, Justat this juncture Mr. Bryan of Ne- braska provoked tho hilarity of the demo- cratic side by doftly conveying the intelli- gonce to the bouso that tho supreme court had decided that Hon, James E. Boyd was tho legally electod governor of Nobraska. *T move,” said he, *‘to strike out the last wosd of tho pending amendment. It is not because I have any special dislike for the last word, but I dasiro at this timo and under this motion to convey to the house an itom of news which I am sure it will be glad to re- ceive. In 18%) tho people of Nebraska by a plurality of more than 1,000 votes, clected Hon. James K. Boyd as’ governor of that stato (applause]. 'Tho ex-governor contestod the election on the ground that Mr, Boyd, although 40 ycars a resiaent of Nobraska, twice mayor of Omaha, and a member of two constitutional conventions, was not a citizen of the state within the pro- visions of the constitution. The stato court by a vote of 2to 1 declared Mr. Boyd not a oltizant, .1 wish to announco to the house that the United States supreme court has just declared Governor Boyd a citizen aud entitled to the office. [Great applause on the democratic side.] The nows is thus con- voyed to you that this house may join with the people of Nebraska in rejoicing over the restoration 0f popular government in that state.” |Renewed applause. | Created Much Discussion, Mr. Burrows of Michigan offered an amend- menv re-establishing the rule of the last con- gross empowering the speaker to count & quorum when such quorum is present and not voting. Mr. Alderson of West Virginia moved to amend the amendment by addinga clause providing that in no cese shall the hat or cloak or umbrelia of 2 member in the cloak room be counted. [Democratic applause, | Mr. Reed of Maine roplied that his impres- sion was tnat the officers of this house (elected by whatever party) were quite capa- ble of honestly carrying out the rules of tho house as they undersiood them, He desired to call attention to what seemed to him to be a fact, that if the house had a majority of membars lclunllj{ present it was then and there constituted a body 1 do business, of course if any gentleman " balioved sinoerely that it was necessary that a majority of the membors should participate in business it would be the speaker's dutyto stand by ancient methods, but if be believea that the presence of a majority of members consti- tuted 8 quorum, he should take the proper means of ascertaining it. The amendment of the gentleman from gllcnh:ln, Mr. Burrow: roposed to ascertain that fact, “us th dea,” concluded Mr. IReed, “‘has had the sanction of every court to which it has been referred I think it should have the sanction of this bouse.” [Great applause.] Quoted Mr, Reed, Mr. Dockery of Missouri quoted from ut- terances made by the gentleman from Maive, Mr. Reed, in 1850, giviog his idea of what constituted @ quorum. The gentloman from Maine had then said that the constitutional idea of a quorumn was not the presence of all the members of the house, but a wajority of the members personal and participating in the business of the bouse. It was not the actual presence of members but their judgments and votes that the coustitution called for, Mur, Alderson said that during the session of the Fifty-rirst cobgress the speaker counted & quorum by counting gentlemen whio were downstairs in the bath tubs in order that the republican majority might carry out what it intended to do, as againsy the expressed will of the people. Taking, for instance, the case of Mr. Forman of I1li nois who nad been counted to make a quorum when he was not in the District of Columbia. Mr. Alderson was not here to say that hats and umbrelias had been counted to make up @& quoruw, but 10 say that empty space had been counted time and again Mr. Iteed replied to tho specific statement made by-the gentloman from West Virgiuia to the effect that Mr. Forman of Illinols had been couuted to wake 8 quorum during the last congross hon in fact ho was absent from the cit Tliis statement, he admittod, was correct. Tho gentleman ' from [linols, Mr. Payson, then occupied the chair, and he had made an ercor In the count. Thero was no method of counting a vote or the prosence of a momber that was not liablo to error and mistuke; and there had beon repeated in- stances under the rules of the prosent. b+ «fs when not only members recorded wl not voted, but membors who haa votel recorded erroncously. The errors wou ist under any system. \ Supported ker's Ruling _Aftor further debate Mr. Cockran of | York took the floor and his remarke, wit| cx.Spe ) - golug to tho extent of upholding the un| &4 ited power of the speaker to count a g rum, advocated such a rule as would perd the house to transact business when tha was a quorum present and refusing to vot, Ho would favor the closing of the door during every roll call. He would give to the house oither through the speaker or upon motion of any member, the power to compel any representative here to bear that partof legislation which his presence gave him, and which was accorded to his presenco and not to his voice. [Applause.| The house had a right to take anabsent member by force and bring him to_the var. It had tho right to punish him. Was not that counting him for one purpose?! Andif he could be counted for the purpose of punishment could not he be counted for tho interests of the government! If reprosontatives aftor hav- ing been arrestod and relsased and pumshed, romain hore silent aud in contempt of the house, was the house powerless to count! He (Mr. Cochran) believed that the house had the right to count & quorum 1n any way it suw proper. [Applause. | Mr. Alderson of West Virginia withdrew bis amondment, and the question was taken on Mr. Burrows’ amendment. Tho yeas and nays were recorded, pending which the house adjourned. IN TH ATE. California Wants a Bigger Share of the Ap- propriations— lay's Business, Wasnixaron, D. C., Feb, 1.—Among tho documents presented and referred in the senate today was the second annual report of tho commissioner of patents. Mr. Kyle gave notice that he would on Wednesday next make sowe remarks on the proposed constitu- tional amendment as to marria e and divorce in the United States, and at the conclusion of the morniug business the calendar was taken up, the pending question boing tho bill to appropriate §5,000 for a public build- ing at Reno, Nev. Mr. Stewart, in agreement with thoe offer made by him last Thursday, moved to reduce the aporopriation to $30,000, and spoke of the nocessity of a public building for the pros- perous town of Reno. Mr. Wolton made an argument to show California had had nothing like her suare of appropriations for public bulldings or rivers and haroors. He gave the receipts from customs and internal revenues from that state from 1881 'to 1501, showing an_aggre- gate of about $118,000,000, and said that 4 per cent of tnat sum would more than p for all the public buildings which the state desired. The amendment was agreed to and the biil passed. Mexican Award BIlL, ‘The Mexican award bill (known as the LaAbra claim) was then taken up. The first vote was on an_amendment by Mr. Vilas to insert in the first and fourth sections the words, *‘effectunted by means of falso swear- ing,”” agreed to. The next vote was on anothor amendment by Mr. Vilas to insert in section 4 the words “And that the said La Abra Silver Mining company, its legal representatives or as- signees, be barred aua foreclosed of all claims to the money, or any part thereof, so paid by the republic of Mexico foror on account of such awards.” Agreed to. The next vote was on another amendment by Mr. Vilas to_insert in section 5 the words *And in case it shall be finaily adjudged in snid cause that the award made by said mixed commissions, so o the claim of the LaAbra Mining company, or any dofinable aud separate part thereof, was not obtained through fraud as aforesaid, then the secretary of state shall proceed to distribute 5o much of the said award as shall be found not so obtained through fraud or the proceeds thereof remaiging for distribu- tion, if any, to the persons entitled thereto,” Agreed to with a verbal amendment, Passed the Biel, The bill was then passed, yeas, 43: navs, 5--Messrs. George, Higeins, Powers, Vaned and Vest. It directs suit to be brought in the name of the Unitod States 1u tho courc of claims against the LaAbra Silver Mining company, aud all porsons making claim to any part of the award. to dstermine whethor that a-wara was obtained by fraud effectuated by means of false swearing. An appeal may bo taken to the supreme court of the United States wnd in case of the final docision against the company, the government of Moxico is to be releascd ' from further payment and the amount undistributed isto ba pald to the govornment of Mexico. A iike bill in rela- tion to the Benjamin Well claim was then taken up and passed. Adjourned. IN THE SUPREME OURT, Declsion In the Lottery Case—Assignment of Clreults, Wasmixaroy, D. C. Feb, 1.—The United States supreme court today upheld tho con- stitutionality of the anti-lottery act of the last congress, affirming the decision in the cases of the publishers of two New Orleans newspapors charged with sending throug) the mails nowspapers containing lottery ad- vertisements, The court hiolds that the power granted congress is complete and carriod with 1t the power to forbid the use of the mails in aid of the porpetration of crime or immorality. There §s no abridgement of the freedom of 1he press for the reason that the government does not prohibit communication by other means, but simply through the government agencies which it controls, "The chief justice announced the following allotments among the circuits : Fourth Cirenit—Horace Gray, assoclute justice, Socond Cirouit—Samucl Blatohford, asso- ciate justice, “Third Circuit—John H. Harlan justice. Fourth Justice. Fifth Circult—Lucius Q. C. Lamar, asso- ciate justice, Sixth Circuit—Henry M. Brown, associato justice. Seventh Circuit—John M. Harlan, assocl- ate :us!lce. 1lghtn Circuit—David J. Brewer, associ ate justice, Ninth Circuiv—Stephen J. Field, assoclato justice. Adjourned until February 20, associate Circuit—Melville W. Fuller, chief THE DEATH KOLL, Last Survivor of the Selkirk ¥ ony Passes Awa, Garexa, TIL, Feb, 1.—Frederick Chetlan bas just died here, aged 71 yoars. Ho was the last survivor of old Rea river colony of Hugenots, who. emigrated from Switzerland to the Selkirk in Manitobs, Nearly all the members of the colony deserted the settle- ment fivo years later and came 1o Galena, and whilo their descendunts are numerous, he was the last member of the original colony, PoitLisn, Ind., Feb. 1.—A telegram re- coived announces the death in Washington, D. (., of Jobn day Hawkius, chiof of the judiciary in the first auditor's ofice of the treasury department. For twenty-live years ho has had 8 position in the treasury dcpart ment. In 1857 ho was one of the committ of throe to cerry 1o Englana over #100,000,000 in bonds to be delivered to the Rothschilds, Loxovox, Feb. 1 -The death is avuoun in his 524 year of Alexander Kizos Rau the Groek poet, archiwologist and sLatosm He was sent 10 Washington i 185 as enyoy extraordinary, igenot Col- - Most complexion powders have a vilgs glave, but Pozzoni's is & true beautl fler Wuoso offects sre lasting, = 2 = % ! e g g NUMBER 230, RAILROAD INFLUENCE DID IT Arguments In Favor of Electing United States Senators by the People, LEGISLATURES How ARE FIXED Representative Johnson . Explains to Why Se Be o a of South sotions € Dakotn mmittee Should the Palmer's Me Law 1 i nto G Wasmvaroy Bureav or T 513 FOUNTERNTI STR ol WasiiNatoy, D, C., I I'he talk over the plan of Senator Palmer of Tllinois, and others, to have United States senators elocted by direct vote of tho people, is bringing out some poculiar foatures in past senutorial elections. Ropresontativo John- son of North Dakota explained today to the house committeo haviug tho subject in chargo, why bo was 1n favor of a new plan. He said that when republicans had control of the North Dakoka legislature, a caucus was held at which he received forty-two out of ewghty votes. After getting tho cancus nomination Mr. Johnson retired to his hotel, feeling sure of his election on the following day. In tne meantime, however, ho was waited upon by an attorney for one of the railroads of that section which exerts strong wfluence in legisiative and judicial affaics, Must Support the Rallronds, Tho railroad attorney asked a pledwe of Johnson that if he was olocted to the United States senate he would exert his influence in_sccuring the appointment of a certain judge to the United States circuit court, favorable to railroads. Johnson was willing to endorse the judge, but was not willing to e tho railroad a pledgo in black aud white, Thereupon they parted, and the railroad iu- fluence was turned against Johnson. The next day he was defoated vy a candidate who liad received only soven votes in the caueus. This is Representative Johnson's experi- ence as he himself rolated it to the committeo, and if neod be, hie s ready to give tho names of the attorney who proposed the bargain over tho senntorship and the judge who was to profit by it. As it 1s, Mr. Johnson's story appears to throw a shadow upon the methods which brought about the selection of one of the North Dakota senators now serving in congress. Miscellancous. Senator Pet ‘0w was today instrueted by the senate committee on public lands to report his bill approvriating £20,000 tor the survey of the northern lino of Nebraska de- fining the voundary lino betweon Nobraska and South_Dakota. E. G. Kelley wiis today appomted master ac Cylinder, Palo Alto county, vice C. H. Terwlilige resigned, and maineat West Grove, Davis county, Ta., vie A. E. Henry, removed, UTAH'S ADMISSION, It Threatens to e One of the Issues of Present Congress, Wasmixgroy, D. €, Feb, 1.—The question of Utah statehood is likely to become one of the political issues of tho present congress. Already a bill is pendfug in the house com- mittee on foroign affairs for tho admission of Utah, and today Mr. Bushnell of Wisconsin introduced a resolution stating that Utuh has a larger population than the three adjoining states of Wyoming, Taaho and Nevada com- bined, and declaring as follow: esident, in his lagt al substs rritor nion unt thut after admission the enforee and ma wzainst polygamy, s do so: anl, . Undor sueh a rule und all the o that (his tory would tive law could ne Wi cum daifticn Hsatisfactory evid for 1he admniission unlon will ever arrives o Wi . An amending a stite, the e whether the time id territory into ) the constitution my in the Unlied mn: 8% to enforce it, Vo 10 T0ULCr Ty Tanson OF exeus Yotusing Statehood 1o this grout LOrriiorys dment would be- tes adjoining Utah from its polyxamous reas, Such an guard the small s against the inundution neighbor, who may thus now easily galn con tea"Cone or more of them and 80 change thei. onstitutions and WS 80 us to sanction and lewalize polygamy there heyond the power of the goneral government, ander our present constitution to gainsay,deny or in any manner interfere with; and Wi s, Lt would seem the part of wisdom to'so deal With this guestion of polygamy us to effect ly and finally disp f 1t while yet it may be easily done; there By the senite i ives of the United States, | ssomblod (two-thirds of ca rring therein), that this congress herevy proposes to the legislature of the several states the following amendmont to the consti- tutlo nited States, to be article 16 of the smendments theroto, towit: Section I Polygamy shall never exists in the United States, or any place subject 1o tholr jurisdietion. Congress sl ful liws to punish its violation. am Known as all havo power to make nforce this article and Stern Pensions, WasNGToN, D. C., Fob, 1.—[Special Tele- gram to Tie Bez]—Tha following list of pensions granted 1s raportad by Tue Bes and Examiner Bureaun of Claims: Nebraska: Original—Jonathan H, Resver, John Shollabarer, Vincent Suapp, Freder- ick Schultze, John Leo, Irus Clark, Joshua Perkins, David Campbell, Frederiok P, Smith, Henry P, Smith, Russell Pine, Georze W. Tate. Henry M. Warriner, Thomas Lawrence, Thomas Matthews, G, Mizon, Richard Tibbetts, Edwin I, Wood- ward, ‘Androw Nickerson, James W. Smith, Henry H. Sprague, Additional—George W: Collins. Increase—Harvey H. Childs, Thomas C. Arnor, 10 Original—Dison Bonuer, Simon kdwards, Alonzo Strawn, Samuol b, Wight, Samuel Cox, J George Black, Robert N, Lafferty, Thomas Chenovert, Levi Taylor, John W. Lyous, Edward I Ramsay, David Wallace, William J. Paine, Adinoram J. Burtch, Charles West- brook, Goeorge W. Dodson, Martin V. Straight, Thomas Clifford, John H. Carpen- tor, John McPherson, Henry Rice, Shelby Willls, Thomas J. Sutton, Georae B. Kelton, John H. Rice, Jacob H. Wolf, James Spicer, Thomas Shannon, Daniel Whitaey, (eorg Stephenson, John H. Martindale, Stephen J. Cook, Cyrus Colvio, Robert Wilson, Wilam H. Leao, Wilham H, Wenzel, John McDon- nell, Daniel H. McGagy, Kbenezer Raukin, Ell 'Koth, James Stewart, Henry Z. Tucker, Additional-Willlam A, McCalilster, Isano Whitaker, Samuel Morris. Original widows, ete.—Jane K. Morey, minor of John P, Cus ing. Tice, William Jobn Cassell, Swith, William 08 H. Carmichauol, - Asked That K e Recallod, WasHINGTON, L), C., Fep. 1.—Iu the house today Mr. Arnold of Missouri prosented for reference a resolution requesting the presi dent to recall the mmister of tne Unlted States to Chill, Patriok Kgan, to the end that reciprocity of amcable relations between the two countries may he bad und main. tained, - ¥ Reo Woopstock, [1L, Feb, 1.—Fire early, this morning burned the Waverly house, livery stable, two saloons, peol room sud & number of smaller buildings. The loss aggregates 60,000, with little insurance. . Towa's Legislas Does Nothing. Des Moises, Ta, Peb, 1.—The senate med once adjourued untll The house was ot in this morning and &t LOMOrFOW MOFNIng. sossion. -— DeWitUs Littie tarly tasers for the lives - Dewitt's Little kariy Kisors, oest pida