Omaha Daily Bee Newspaper, February 3, 1892, Page 1

= court ere satisfactory / fore the son inherited ¢ e ) P ~ L l\ e THE OMAHA YEAR OPINIONS ON THE BOYD CASE TWENTY-FIRST Generally Oonceded That Political Ques- tions Should Be Oast Aside, SATISFACTION EXPRESSED ON ALL SIDES Peculiar view me o Controversy Re- Ading State 1 1toth Parties—Press Notes on the Subjects Wasninaron, D, C, Feb, ~[Special Telegram to Tne Ber.|—There is but one opinion 1n Washington of the Boyd Thayer decition. The conclusions of the supreme to every one, Today I'ne Bee correspondent interviewed about twenty of the ieading republicans ahd demo- crats in congress from tho west, where most interest has been takeu in the controversy, and without exception the decision of the supreme court was aegarded as just and good law. Bolow 15 appended some ot those opinions and comments. It would be repetition to quote more than are given for there is a monotonous symilarity in the comments of public men gouerally. The observations of well known lawyers and statesmen alone are given. Generally speaking it is behieved thaut the Boyd senior completed his citizenship prior to the close of 1854 as alleged by the appellant and there- zenship, 1t is the opinion of all legsslators who have had to do with the making of rew states that the en- avling act of Nebruska conferred citizenship upon a1l white citizens (meaning all but In- dians) when the territory became u state and that Boyd had citizenship thrast apon him if ho did vot have it before. There isuappended also the pith of comment from the leading newspapers of the east. It shows also that there is but one view taken by the press of the supreme court's decision, Comments of Leading Statesmen. Following are the comments of tho leading republicans in congress, as taken stenograph- ically for Tnr Ber today : Scnator Allison of lowa—I beliove the de- sion is just ard right bocause the supremo court has suid sc. There can be no question but that the naturalization of a parent is suf- ficient to confer citizenship upon the child. Sacondly, there can be no guestion that the cnabling act, which specifies that all resi- dents of a territory shall become citizens of the state when the territory is aduitted to statehood, will stana thoe test” of law. The decision can have no possible political in- flueuce in fowa or elsewhere, for it is not a political yuestion. It was silnply & question whether Mr. Boyd had become a citizen of the stawn. -+ Senator Wilson of Iowa—I have not looked ) the decision over and would not want to make a specific comment until I had carefully read the views of the subremems court. Cer- tainly the conferring of citizeuship upon the fathor would have vested citizenship in the minor son, and 1o one would question the right of congress to confer citizensip upon a resident of territory upou admitting the te ritory to statehood. 1 don’t see how the de. cision of the supreme court as it stands, or if it had gone the other way, could hayo any possidio fnfluence upou o politics of Né- raska as the roal question involved was not partisan and without any political signifi- cance. Sound Prinelp Senator Sanders of Montana—1 have not road the declsion vet, but, if T understand it, one of the grounds upon’ which the citizon: ship of Boyd was declared the principle and the law are both sound. Itis certainly com- patent for congress to declare all residents of a territory citizens of the new state in ad- mitting tho territory to statehood. Why, we made the residents of Califorma citizens by the simple treuty in which we sccured 1he territory of Califoria, Senator Carey of Wyoming—The decision was just and right. Tho ropublicans can afford to be liberal in matters of citizenship when 1t relates to one who has so long lived in a state and been regarded by avery one as a citizen, Besides, we can affora to let the democrats take the office under such condi- tions as thoy get little else. Senator Dubois of Idaho—I am glad tho supremo court took this view. I have had from the first that it is not a_question to be quibbled over. The republicans cannot afford to seek technicalities in orkerto secure tho offices. Boyd was a citizen and he should have haa the oftice at once. Never Should Raised, Representative Perkins of Sioux City— 1 thiuk the raising of the question of citizen- ship against Boyd was ill-advised. It dragged into politics o sacred privilege and should bave had no counection with other questions before the people. I believed ovd was a citizen and have thought so all the time. I think that Governor Thayer should have conceded Boyd's elizibility to the ofice and vacated the chair promptly. I don’t believe that the aecision of the supreme court will cut any figure whatever in Nebraska politics becauso it was not a political question and under the same cir cumstances would probably have been raised agaiust a republican, Representative Pickler of South Dakota— 1 haxe a great deal of faith in the suprome court. I think it is jus bases its conclu- sions upon good laws. The decision is un- auestionably right, viewed from every point. 1 do not think the ' decision will have any po- Jitical influence in the state, The people un- derstand the motives which prompted the contost and bave already made up their con- clusions. Representative C. D. Henderson of Towa— 1 have not kept run of the case: have not rean the decision of the supreme court, and would not, thercfore, waut to expreas an opinion, It is a question for the poople of Nebraska and for the lawyers of the country to comment upon. Views of Leading Democrats, Here are the most important views from democrats in congress. Chairman Springer of the committee on ways and moans, the democratic leader of the house, and probably the best posted upon the question, having had much to do with the admission of states into the union during thoe last guarter of our century—I have ouly been able to gives casual examination of the decision of the supreme court, but from my reading of the testimony I am satisfled thatthe court has decided rightly, Inthe constitution of the states which have come into the union they generally provide that all persons also who were the residents of the state should be- ame citizens thereof. The constitutions of llinols, lowa, Indiana and Nebraska 80 specify, ®&nd many of the other states provide that ali persons thercin residing &t the time of admission are to be citizens and tgerein entitled to vote. In this way Boy father became & voter and a citi- zen of Neoraska. The admission of Ne- braska into the union with that provision was @ virtval ratification of the citizenship of persons in that territory. Mr. Boyd has held many oftices in Nebraska, was a soldier in the late war and to deny his citizenship at this time would be a great injustice snd a travesty upon legal methods, The dissent ing opinion of Justice Field did not o into the merits of the case, but to the question of jurisdiction. It seems to me, howover, that thoe question of jurisdiction before involved the construction of & law by congress—a law of naturatization—and that being the ouly poiut iuvolved the covrt dia bave jurisdie- tion. Oplnlon of an Ohlo Logal Light, Chairman Outhwaite of the house com mittoe on military affairs and & prominent Ohlo lawyer—There will be little erticism of an adverse character upon any part of the decision. To my miud Boyd was & citizen by virtue of his father's stdps towurd vaturalis zation prior to 1854, He was in fact & ciuzen of Obio when he lived there. When Nebraska was admitted to st 00d all fnhabitaats were made eltizeus of the new state by the enabling act. 1 am surprised that Governor Thayar raised the question of citizenship at #ll and insisted upon retaining the ofice, Both republicau aud democratic news e an 0d Law. ave Be paper here and in New York, T adelphia ana Baltimore take a similar view _n! the decision as that expressed by men in con gress. Hero are extracts of press editorials Expressions of Eastern Editors. The Washington Post (ind) in poli od citizens will be pleased to clsion is In pertect harmony I equality and popular opinion. It fs too quently the at te itles ure successfully Interposed to de the will of the people is expressed at the ballot box and it Is vory seldom the case that such procedure is instituted in the Interest of the popuiar In spenking of the politieal aspect of se, 1t (8 but just to suy that there were apers to sustain the position aver. Tu ny instas the republican papers of Nebraska were culok to express thelr disapproval of the procced- ings in and the decision of the Nebraska suprema court. They recognized the injnstice fnvolved und were quite ready to point out the strong and almost_unanswerable points contained In Governor Boyd's claims to e!ti- zenshin. The dissenting opinion of Justice Iicld rosts upon the extreme state rights doc- trine that the court had nothing to do with the internnl administration of a state's af- fairs. Justice Field need give hinself no un- casiness on this point. ‘The interfercuce uf the court wus asked for, and its dectsion will not be resented s dn Invasion of pobular rights, but on the contrary be approved ns tuking an importaut guestion out of the field of local controversy and settling it upon vrin= ciples of Justice und equity The Washington Star (ind.) eays: it the supreme tribunal lias ever beon under partisan influences—and its judges nre mortals—this does not seom to be one of such occastons. Two of the democ Justices coneur i the Judgmont of the courtns to its right of jurisdiction and the only discendent on this point Is the oldest denocrat, and now the oldest in point of service of auy of the Justices. The decision makes plaiier than over before the law Amerlean cltizensbip, that it gives to one party un office to which it was entitled in_equity. although not under the rullnz of the stite supreme court, I8 & mere incident in the case. The isolation of Justice Bleid In the mutter of jurisdietion 18 @ue to his states right position—thut the mat: ter was one strictly within the competence of the state to settie flually. Tt will be recalled that this is the only supreme court decision in an important case ever divulged in advance of delivery. Favored in New York, New York Recorder (rep.): 1t will be regnrdod as illustrating the su- perlority of thut ¢reat tribunal to partisan Influences. The only dissenting opinton was that of Justice who would naturaily be supposed to sympathize politically with”the successtul democratle claimant. Now York Tribune (rep.): The question depended solely upon further question whether Mr. Boyd was or s 1ot a citizen of the state, He IS now en- the ofice to which’ he was elected. sion will_prove rather expensive to r. Boyd mad s at the t ing 1o s [ the wovernorshin, such of his appoin will probubly now demand his salary for the entire period since. New York Times (dem.): 1t 18 understood that the promulgation ef its decision by the court nus been delayed in order to Investigate the means by whicn the decision to which the court hud arrived be- came known In udvauce of its ofli nou ent. Whother the court has disc penr. e changed in form of it m Judgment a d ) was chosen by an undoubted mujority comes to his owo. Now York Herald (dem.): Governor Thayer must now give way to i wor Boyd. issimply glves effect to Lof the people, though at late duy Bad Features of the Contest, New York World (dem.) 1t is this crying injustice, this stealin governorship by républicin voitics be- ause they were outvoted in u state they d to'own that his been remidied in the United States supreme court. The man who was chosen by the people of Nebraska wilt now be goverior. Philadelphis Ledger (conservative rep.) : A mean advantage was tuken of Boyd when he was deposed of the office for he had been roco:nized us a citizen and a good one for thirty years. But his title to oltizenship wus clouded until this decision wus rendered. There was more feeling shown by the democrats who expressed views upon the de- cision while they—all who knew of the local conditions in Nebraska—were proue to ex- oncrate the.republican managers of the state from all party action and lay the burden of responsibility of the contest upon Governor Thayer personally. Thoy were inclined to believe that the republican organization in the state should bave taken some steps to clear iis skirts of the entire responsibility. Neither the republicans nor the democrats thought the decision would have any special political effect as the issue involved was oi a lewal character, e Judic By this of u GOVERNOR THAYER'S ACTIONS, Many Indications That Vicate the Gube LixcoLy, Neb,, Feb. [Special to Tue The question “What does Governor Thayer propose to dof” has probably been propounded a hundred times this afternoon by as many interested individuals. Up to the present writing it has not been answered, any rumors or reports to the contrary mnot- withstanding. Something of asensation de- veloped this afterncon on the strength of a rumor that Governor Thayer and bis attor- ney, General Webster, had held an im- portant covsultation, The gossips industri- ously circulated thestory through vhe corridor of the state house. They bad it that General ‘Webster advised the governor to reliuquish the oftice at once but that the governor posi tively declined to accept tho proffered advice. The story gained but little coedence but from the excited manner in which one news- paper correspondent made a frantic rush to the telegraph office it is surmised that at least one noewspaper some where not far from Omaha bristied with a sensation to the effect that Governor Thayer had determined to hold on to his office as long as possible. The story was exploded before 2 o'clock in the afternoon, Webster Offered No Advice, When questioned in regard to the matior by Tue Bee representative, Governor Thayer denied tho story most emphatically. Ho suid that it was trie thut bo had et Goneral Webster, at the latter was in town on business connected with the United States courts. The decision of the supreme CoUrt came up in_ their conversation only in- cidently. Governor Thayer stated that he did not ask any sdvice of Genoral Webster, that none was proffered, and that, couse' quently, none was declined. He grow indig- nant when told that too story was likely to be stated as & fact iu public priot and re- uested Tuk Bee to deny it asa piece of tletion, pure and simple. Anothor rumor that gained cirepiation this afternoon bad it that Governor Thayer bhad decided to write to Governor Boyd tendering bim full possession of the ofiice in advance of any mandate from the suprems court, and that such a letter would be maiied tonight. Governor Thayer also denied this story. r Thayer's Action. 1t is helieved by those nearest Governor Thyyer that he will not be captious in the matier of awaiting mandatory proceedings before relinquishing the ofice, He will ot be precipitate, of course, Lut overy proba- bility suggests the beiief that the executive oftice will be in possession of Governor Boyd within the week. Goveruor Thayer starts uext Mouday for Texas, and e will be ac- compauied by his wife and private secre tary. W. Morton Smith, one of s exeocu- tive clerks, will take & position on the editorial staff of the Daily Fews of this city nexy Tuesday. The records of tne execttive oftice have been brought down to date, and at least one pro test has been made against the filing of new business that could uot be completed within a fow days. Governor Thayer himself says that he is perfectly satisfied that he bus done all that the coustitution imposed upon him, All of these trifles point to Goveruor Thay- or's early vacatiou of the office. \May Decide A gentleman closely connected with Gov- ernor Thayer's administration said this after- oo, while referring to the many rumors in circulation, that the governor was giving the matter the wost serious cousideration in his own mind and that be believed a deter- mivation would be arrived at tomorrow. The same geutlewan believed that Goveruor Tuayer would teuder possession to Guveruor He Wil Shortly Gov omorrow, OMAHA., WEDNI Boyd at once. He gave his reason for so thinking by saying: ‘‘Governor Thaysr has boesn actuated in this matter by no mean and sordid motiv He believed that Mr. Boyd was not a oitizen of the United States, and, believing that, the constitution made it obf ligatory upon him to see that the executive office was not occupied by an alien. Now that the highest tribunal in the land has de- cided that Mr. Boyd is now and was at the time of his election & citizon and eligible to the office, Governor Thayer s satisfied. If he takes advantage ot a legal technicality now, or insists upon the observance of & mero matter of.form, he would bo open to tho criticism that he is holding on to the office for the tnere sake of the salury and the omoluments. I don't believe Governor Thayer is that kind of a man, I still believe acd always will believe that he has been actuated by the highest motives allalong, and I beliove that hls action within the next fe'w days will prove this.” ‘Declared Wholly False, (jovernor Thayer was seen at his home tnis evening in reference to the sensational dispatch printed in this afternoon’s World- Horald, copies of which wero scattered broad cast in Lincoln this evening. After roading the article Governor Thaver de- nounced it a tissue of falsehoods from bo- ginning to end and said he could find no words strong enough to denounce the maliclousness of the article, “The only con- versation he had with General Wabster took place in the hotel rotunda in the presences of a crowd with no attempt whatever at concealment or privacy.” He rojterrted his statement made to Tue Bre representative early in the afternoon to the offect that he had asked no advice of General Webster and that none had been given. His conversation with General Webstor lasted no longer than thirty minutes and took place in the presenceof several parties aud he had 1o private consultation with Mr. Wobstor atall, FOUNDED ON THIN AIR. No Truth Whatever in the F Latest Output, Forty-seven lines of douvle-leaded fake, abnouncing that ex-Governor John M. Thayer would hang onto tho gubernatorial oftice at all hazards until ejected by a man- date from tho court of last resort, were dished up last evening under a Lincoln date aud ascare head to test the already distended credulity of the readers of the World-Herald. It was ‘stated that Hon. John L. Webster, General Thayer's attorney, was closeted with the ox-governor for several hours yester- day morning,durinz which the former labored long ana earnestly to convince his clientthat the best thing for him to_do under the cir- cumstances was to step down and out and surrender the office as gracefully as possible to Governor Bord, but that the prosent in- cumbent positively refused to do anything of the kind, fusisting that he could hola on for atleasta month longer. The extremo roti- cence of both Mr. Webster and General Thayer was dwelt upon at length and it was declared that both gentlemen finally refused to answer even the simplest quostions for fear of divulging something that they wished to keep secret. Hon, J. L. Webster was found at his home last evening, and his attention was direoted to the aforesaid article, of which, up to that time, ho had not heard. After reading it, he sald that it was without foundation. “It is not only a fabrication,’” he sad, “‘but it is absolutely false from beginning to end. I was not closeted with Governor Thayer; 1 did not urge him to step down and out, neither aid he refuse to do so, as the matter was not touched upon, and, lastly, 1dia not rofuse to answer questions, as 1 was not spoken to by any representative of an Omaha paper while I was In Lincoln.” **What did occur?” What Really Happened. “I went to Lincoln this morning to attend to business in the United States court. I did not arrive until 10 o'clock, and wont straight to the court room, s0 I did wot getto the Hotel Lincoln until 12 o'clock. I had sent wora to Governor Thayor that he could see me there, and he did meet me in the hotel oftice, wheroe all the conversation that passed botween us occurred. The subject discussed by us was what the decision of the supreme court probably was, and the talk all took place in the most public part of the hotel, where there was no attempt whatever to conduct a secret conversation, There was nothing said which anyone could uot have heard; In fact, two others did hear a part of it and one man nearly all of it. The question of what would be done or what was best to do was ot touched upon at all. 1t was undorstood that that would be attended to later, probabvly in a day or so, as soon as we received dofinite information regarding the decision. Noth- ing was said about surrendering the office, uor of retuining possession of it. That story is false, pure and simple, and based upon no facts whatever. What will be done I cannot say, but I can say this--when the time comes to act there will be no boy’s play. 1t will be @ manly act, and not that of hangers-on, as is intended in that article.” Fooled Its Friends, The fake edition croated a temporary sen- sation among the gullible ones whose anxiety concerning the latest news of the guborn torial situation had led thom to purchasethe sheet for its alleged news. When the real facts became known the sheet was lavishly abused for its imposition. Said a prominent democratic attorney last night: *1t is absolutely " nauseating to notice the extent to which tha World-Herald bas in- dulged in fake sensations lately. I have been fooled by tho same sheet before, but when I read the beadlines of its latest spasm tonight Ireally bolieved it. 1 could mot then and cannot yet understand how an editor with a shadow of regard for either truth or decency could print such an_outrageous story impos- ing upon its readers. 1t has told a lie now and I suppuse will try to stick toit. The sheet may make & mistake some day and get an 'lwm correct. May be it will but 1 doubv it ke Factory's —_— DEADLY DY ITE EXPLOSION, Three Children ¥ Il:ll 7lu|ure(l and Their other Goes Insane, MoxTiEAL, Can,, Feb, 2.—An explosion of dynamite iu the suburbs of this city shat- terea a dwelling, fatally iojured thres chil- dren and badly hurt their father. When the mother saw the terrible injuries of her chil- dren sho became a raving maniac. ———— KILLED WHILE BEATING HIS WIFE. A Prominent Georgla Man Shot Dead by His Son Savasyan, Ga, Feo. 2—David Porter, deputy collector of the port, an officer fn the local post of the Girand Army of the Repub- lic and a prominent Odd Fellow, was shot dead this morning oy his son, Porter was beating bis wife. R e Int terest of Railroad Men, HoLokeaE, Nob., Feo, 2.—[Special Telo- gram to Tue Bee.|—Mrs. C. M. Woodward, natioual superintendent of railroad work, delivered an address in the Methodist Epis- copal church Sunday evening on thoe subject of **The Work of the National \Women's Chris tian Temperance Union as Seen by a Western Woman.” The audience showed much inter est. The church was crowded 1o its utmost capacity and many were turned away for want of standiog room. On Monday eveuing she addressed an appraclative audience on the subject of “The Twentieth Century Womau.” Mrs. Woodward is an earnest speaker and possesses unswerving faith in the ultimate triumph of the principles she advocates, e Sunowing and Cold U S1. Pavi, Miun, v'eb. 2.—Reports from different points in Mionesota aad the Dakotas show that_scow has been falling since Suvaay night, aud the weather is growing colder. e he Death all. SaN Frixessco, Cal, Feb. 2.—Jacob W. Leese, the first white settler in California, died hore yesterday aged 82 yeacs. He came to California in 188 e North, DAY Massachusetts Democrats Indulgee in an Acrimenions Disoussion, YOUNG MR. HOAR ACCUSED OF LYING Republicans Enjoy a Family Row In Demo- le Ranks—Hard Words from a Fel- low Partisan—Business in IHouse and Senate Yesterday, Wasniseroy, D, ., Feb, 2.~ The house of representatives is still being treated to the daily reminders of the Hoar-Morre rivalry i the state of Massachusetts. Repretenta- tive Hoar, ulthough a democrat, is the son of the distinguished attorney general of the Grant administration, Hon. E. B. Hoar, and nephow of the present Unived States senator from Massachusetts, Hon, G. F. Hoar. That a member of such a distinguished republican fumily should boa aemocrat 18 an offence which, Mr. Hoar insists, has pever been quite forgiven by the leading republicans, and is tho cause of the somewhat frequent political assaults made upon him, Scarcely had the irritated procsedings of vesterday between the two mewbers from Massachusetts been read from the Coungres- sional Record this morning by tho members of the house bafora the controversy was again revived by Mr. Morse, who arose to a question of privilege immedintely after the reading of the journal, and rebuked Mr. Hoar for presuming yesterday to recall from the public printer the record of the manu- script speech previously made by Mr. Morse. Was Not a Gentleman, “I claim that that gentleman violated pro- pricties that should obtain among gentie- men," said Mr. Morse, *‘By what authority does he carry my manuscript away from the public printing officer Some of the oldest members tell me that this proceeding of the young gentleman from Massachusetts is without * precedent in the bistory cf this body. And I deny the right of the gentieman from Massachusetts to remove government property or documents or my manuscript from the public printing ofiice’ and bring it into this bouse for exhibitlon, or to carry it around in his pocket. {Repubiican applause | Mr. Hoar's remarks, substantially as deliv. ered, wero 1in manuscript beforo thoy were delivesed, & very common thing in this house, and I so informea the stenog- rapher before speaking. As I understand that they are not taken down, but only tho {nterruptions of the gentloman from Massa- chusetts, and changes 1ncident therato, o when he said he had the stenographer’s re- port of my speech, ho uttered & falsehood— there was no report. At a later hour 1 con- ferred with the stenographer as to whero the interruptions of the gemtleman from Massachusetts came in, with a#ditional re- marks by me, incident ‘thereto. I also con- ferred with himas to whers the applause came in, that occurred on this side during the delivery of my speech which, of course, was not in my my manuscript, and, as the gentleman says, was_afterivards written in with a lea pencil. 1 do not deny having availed myself of the priviledge allowed every member of this house, from time im- meniorial, to revise my speech, make some light unimportant additions therety. [De- risive laughter on the democnatic side.] Are Not In It, “‘Why, Mr. Speaker, if you could believe the accounts which are furnished the Boston Rlobe of my colleague’s exploits here, you would suppose that he was to indicate the economic ond financial policy of his party on this floor, and that you, Mr. Speaker, and Mr. Hotman, Mr. McMillan, Mr. Springer and other aistinguished democrats who were in public life before the young man was born, to use a sjang expression are notin it. [Great l-uzhwr.s “Why, I havein my hand here a copy of the Boston Globe which ocoutains a half of a column describing, exactly fifteen words by the record, that he utterad on this floor last Kriday. |Laughter.] Yesterday's speech will probably take two columns. The Boston Globo says that his nterruption of last Fri- day was followed by prolonged and great applause on both sides of the house, [Great laughter on the republican side. ] ““Mr. Speaker, T fear that you do not ap- preciate the kindergarten democracy of Mas sachusetts. Only think of 1t. This young mau who was to indioate the economic and financial policy of the demoeratic party is belloved now to be doing so by the readers ot tho Globe in his district. This younz man who wept over the aefeat of his candidate for speaker. |Laughter.| But the young gentleman is invesueating the sweating sys- tem now, and every meeting of the committeo is noted in the Boston Globe, He will know more about the systen next autumn; he will have his heaviest prespiration when' he sees the returns from the old fifth district. [Laughter,] If he has tears to shed, he should prepare to shed them then. I think the presence of this young gantiemen, who, I Fepsat has violated the proprieties that ob- tain among gentlemen, 18 not likely to occupy again the seat in Geperal Bauk's old dis- llh‘l.l” [Great applause on' tho republican side. Ignored the Question, There was a dead silence for a minute aftor the applause bad died away, as the house awaited the answer which was to be made by Mr. Hoar to his Massachusetts colleague. “I think, Mr. Speaker,” sald he, “thatthe gontleman from Massachusetts has been ad- vertised enough.” With that Mr. Hoar took his seat and the democrats loudly applauded his brief retort. T'o which gentleman do you refer?” asked Mr. Buchanan, and once more the republican side burst into applause, Mr. Hoar ignored tho query of the gentie- man from New Jersey, and thus the contro versy ceased for the'time only, however, to be probably revived on a future occasion, The rules again came up for consideration and Burrows’ amendment giving the speaker the right to count aqnorum was rejected. An ameudment striking out. from the list of privilegod motions whioh may be made when any question 1s under bebate, the motions t0 fix a day to whichthe house shall adjourn and to take a recosss After this the amendment'was lost: Yeas, 87, nays, 161, Mr. Burrows of Michigan effered an amend- ment providing that no dilatory motion shall be entertained by the speaker,” Rejected, Mr. McRae of Arkansas an amend- ment, providing that a senate amendment to a house bill may be considered by the house when laid before it by the speakéer. Lost. Mr. Boatner offered o amendment, strik- ing out all that part of the Fale giving per- mission to legislate 1n apprepriation bills when in the interest of retréaghment in ex- penditures, He sald bedid this iu order to test the sense of the house. Mr. Holman of Indiuna sustained the pro- visions, and was replied to u.yur. Dingley of Maine, 'who vredicted thet if 86 broposition was incorporated in the rules/October would fid tho house stil in sessiow. Pending action the house sujourned. Mr. Voorhees Rix lege Wasuixarox, D. C, Many memo- rials were presented during the morning hour for the closing of the Colymbian exposition on Sunaay, . Mitehell, from the comwittee on privileges aud elections, wade & report in the case of Clagget against Dubois, a contest for the seat in the senate from Idabo. A resolution was passed declaring Dul antitled to the seat, Mitchell asked that phe report and resolution lie oun the table, ghd gave notice that he would call them up at & very eary day. Vance gave motice of ‘a minerity report, which, he staied, would be presentcd day after Lomorrow. Palmer iutroduced & joint iesolution to smend the constitution £0 as to have Uvited Dr, Biraoy cures catarrh, BEE bldg ] States senators elected oy » popular voie and MORNING, FEBRUARY 3, ROWING AMONG THEMSELVES 1892, gave notice that he would at some conveniont occasion address the senate on the subject. Rose to a Question of Privilege, Mr. Voorhees, rising to a personal ques- tion, ‘sent to the clerk's desk and had read a Washington dispatch _to tho Philadelphia Press, with the hefding, “The Senate Wastiog Timo in Obedionce to Senatorial Courtesy—Mr. Voorhees Fails to Sustain His Charges—His Scheme to Defeat Judge Wood's Nomipation not Supported Republicans He had Counted Upon. The dispatch went on to state that tho sen ato judiciary committed had wasted anothor sesslon out of “senatorinl courtosy” to tor Voorhees; that the attempt of Se Voorhees to form a eoalition with the repub- licans was a flat failure; that some of the re. publicans like Quay, Cameron and Higgins were opposed to the nomination of George M. Dallas of Pennsylvania, and that Mr. Voor hees had proposd that, “If those disgruntied republicans would induce enough of their arty to aid tne dvmourats in defeating Judgo Woods' nomination the democrate would re- ciprocate and aid in defoating Dallas.” T'tio dispateh ends with the statoment that that plan would not work, and that it was now reasonably certain thut all the nomina- tions would ve confirmed next month with- out a dissenting voto among the ropublicans. Branded it Lie, Mr. Vorhees sald his principal object in baving the article read rolated to the last paragraph, whore the statement was made explicitoly' and unyualifiedly that he had made a proposition to certain senerators that for thoir asslstance in the defeat of Judge Woods’ confirmation, e would favor a move- ment on the democratic sido of the chamber to dofent Judge Dallas of Philadelphia. A grosser lio than that it would be hardly pos- sible for his satanic majesty to conceive. Such a wish or thought or suggestion had never entered his ming, or emanated from his lips. On the contrary, bad as he thought the appointment of Judgo Woods was as improper and unfit as he conceived and knew that judge to be for a judicial position, he would feel dishonored and disgraced be yond redemption if he received—let ulono mnde—a suggestion to defeat an honest and compotent man like Judge Dallas for the sake of getting cloar of the appolntment of a man like Woods. [f any sepator could say that a single suggestion or thought of such & corrupt combination Lad come from him he wanted thom to say so. 1f he (Mr. Voorhees) were capablo of making such & suggestion ho would bo a proper sub- joct for expulsion. He branded the story as the miserable concoction of a dishonest heart and brain, Senators Cameron, Quay and Higgins said there was no truth in' the dispatch and the matter ended. Bllls Passed. The following bills wero passed: Appro- priating $100,000 for a publio building in G:and Foris, N. D. To increase the endowment of tho Louisiana State University and Agricuitural and Mechanical college, and tho Sovereign University of Louisiana (granting 42,160 acres of the public lands in Louisiana.) The bill to prevent the adulteration and misbranding of food ana drugs was laid aside until the printing bill was disposed of. The lattar bill was then taken up for con- sideration. The bill was discussed for over two and ‘a half hours and was amended in some partioulars and went over without final action, On motion of Mr. Teller the house bill to define and punish’ blackmailing, which was roported from the judiciary committes, Mr. Tellor making a remark to the effect that it had been reported through mistake, was re- considered. The senate then went into executive ses- sion, in which some nominations were re- ferred to committees, and then adjourned uatil tomorrow. Western Pensions. Wasnixeroy, D, C., Feb, 2.—[Special Tele gram to Tue Bez]—The following list of pensions granted 13 reportea by Tus Big and Examiner Bureau of Claims: Nobraska: Original — Henry Armann, James Martin, John Wilson, Peter Sharp. Daniel A. Scovillo, Perry_Ham, Philip Gotn, James L, Harper, ' A.J. Norvel, Androw J! McConaughy, Fri drich Will, Joseph Foun tain, G. W. Blankenship, Stanton P. Lester, Solomon Robinson, Horace W. Simpson, Hugh McCune, Henry C. Reiner, Louis Christonsen, Obadiah Milier, Cornelius Wat- son, James Bennett, John Kramer. Addi tional—Louis Brucker. Increaso — David Mayou. Towa: Original.-Georga Mooney, Tlias Brechtel, George W. Eylery, Delovan Moore, William ' H. Mable, Christopher Huason, Philander S, Favmer, Samuel B. Parrott, John Laird, William H. Cook, Matthow S. Clabaugh, Alex. Brown, Samuel [. Peck, Louis Mosenbrink, John Dixon, Oliver P! Nickle, Joseph B, Matlock, George Berger, Jonn C. Drexler, Louis H, Fellwobk, Orris Fox, Frederick Ernest, David W. Wile, James L. Morso, Joseph McCauley, = Willi Martin, William Carroll, Lyman B, Pierce, David Newlan, Jumes Ashburn, Andrew Wilson, John F. Davis, Atbert Naphin, Francis M. Thompson, Willlam S. Rupp, Samuel It. Frazier, Hugh Gasa, Louis Pul- leh, Charles Nettleton, Seth Samson, John Wallace, Hiram J. Richards, John D, Bil lings, John M. M. Roberts, John G. Gibson, Additional—Johu S. Wilson, Myron Paull, Iucreaso—John- W. Mann, ' Reissuo—Fred" erick Gotsch, Willium H. Parker, Allen Pautit. Original, widows, etc--Clistona Russol, Lizzie Jones, James I White (fathor). CONSTITUTIONAL PROHIBITION. A Bill In Towa's Leglslaturo to Resubmit the Matter, Des Morxes, In, Feb, 2.—Inthe senate this morning petitions were presented favor- ing & geological survey of the state, Bills were introduced as follows: To regulate charges for sleeping cars; to create a board of school book commissioners and provide for the issue of text boods for use in schools; to amend the law relating to the powers of railroad commissioners: to amend the law relating to the closing of the polls. A joint resolution cailing fora constitu- tional amendment to probibit the manufac- turo and sale of intoxicating liquors was pre sented, Tho joint vesolution was presented asking congress to indemnify the Des Moines river land settlers, After discussion and reference of the di- rect tax fund resolution, the senate adjourned till tomorrow, In the house, among the bills presented, were the following: Prohibiting the killing of Chinose pheasants for five years, and pro- viding for the tabulation of statistics on crops and Live stock. A joint resolution was introduced asking congress to indemnify the Des Moines river land settlers by the passage of the Dolliver bill. The house then adjourned il tomor- ToW. - TORTURED THE ME: Awful Tyranny of Noncommissioned Of- cers of the aun Army, Beruiy, Feb, 2.—The socialist journal, Verwarth, publishes a copy of an order issued to the Tywelfth army corps by Prince George of Saxony, calliug upon the ofticers to put a stop to the inhuman treatment of the men by uonccmmissioned officers, the prince adding that socialism, which is & public danger to Germany, will be strengthened by such treavment. The order mentions nine specific cases of cruelty. In one case @ sergeant namea Sowahre ex- ercised his men during meal times and sleep- ing hours until they were balf dead with fatigue. In some drills the men were com- pelled to present arms 500 times, In one cuse a recruit was obliged to raise and lower a can of boiling coffee until ne be- came 50 exbausted that he allowed the can’s contents to stream over bis head and shoul- dars, In another case a serzeapt named Pflug habitually kicked his men and struck them with a belt,wantonly foreed them to perform nauseating tasks eud tortured them until they screamed with agouy. A sergeant named Weiss thrashed a man with @ belt until his arm ached so that he was unaole to continae the Hogging, aud he injured another man internally by kicking aud flogging biw, ! paraded and drilled ut mid | of winter—wearing only | fainted. In_additic Kkmail ure mentionod T'he guilty sergeants he to imprisonment for from two to each The revelation of these crimas has caused much indignation among the vublie. 1 the depth iirts —until y cases of sontonced five yoars Chillans Are Gratified, [Copyrighted 1892 by James Gordon B Varraraso, Chili (via Galveston, Tox.), Fob. 2. ~[By Mexican Cavle to the New York Herald—Special to Tue Brs. | —After thorough inquiry I am able to state there 1s extromo gratification both in official and un- ofticial circles at the mossage sont by Secro- tary Blame to Minister Igan announcing that the roply to the ultimatum was satis- factory. Among officials, princivally thoso of tho navy and intelligent civilians~ gener- ally, there has been a rovulsion of feeling in favor of tho North American ropublic. Thoro is not tha least doubt now but that tho visit of a squadron of Unitea States war ships ne’t.] would be rezarded as an additional proof of desire to renew friendly relations with Chili. ene Injured, [Copyright 2 by James Gordon Bennet?.| Loxnox, Ieb. 2.—[New York Herald Cable—Special to T'nr Ber. | —Foxhall Keono met with a bad accident on the hunting fiela at Aushaugblin, County Meath, [reland. He fell from his horso and struck on his head. He was picked up msensible and it was be- lieved at tirst that ho was fatally hurt, but now he is rapidly recovering and is suffering only from the severe bruises on his hoad and the loss of a front tooth, in the Riots, —~Twenty persons lost their lives as tho result of the olection riots last weok. sted n Brazilian Governor, DE JANEIRO, Fob, 2.—The troublo in the state of San Paulo has resulted in the ousting of the governor from oftico. - READY FOR VIGOROUS WORK. Real Estate Owners Association Molds Ity Annual Election of Directors. “There are more officers to bo elected than we have members to vote,” remarked Presi- dent Boggs last night at the annua! election of tho Real Estato Owners association. It was a meoting of the stockholdoers, and there were just twenty seven of them in attena- ance, while there were sixty-two members to be selectod for the executive and advisory boards Before the cloction took place, however, the secrotary read his financial report, for the past eight months, during the organization’s existenco, The revort showed the r to be §3,445.08; the expenditures, §2,263.08, leaving a balance of $1,184.96. It was also shown that there was in the treasury §2.94 11 oxcess of the stock paid in, or the amount the association has mado aftor its expenses bad been paid. The report was reforred 1o the auditing committee. also had the secrotary road tho expenses of the association 1n Sending delegates to Washington to sccure the na tional republican convention for Omaba, The expense was §215.30 10 the association, Boards k I The election of ofticers then occurred, the following gentlomen, comprising the board of diractors, were elected by a_vote of twenty-seven, being cast by the ~sccretar George H. Boggs, St. A. D. Balcombe, W. S. Pobpleton, Johin T, Cathers, A. L. IKeed, C. R. Scott, George P. Bemis, Jeff W. Bed" ford, 1. A, 'Benson, George Iv. Hicks, J. H Dumont, Cadet Taylor. These dircctors will meet Tnursday and olect a president, Vice president, secretary and treasurer of the association. An advisory board, cousisting of members, was also clected, composed of the following Herman Kountzo, D. Meyer, O. M. Cartor, Samuel F 15, Bailey, A. J. Simpson, John A Lew W. Hill, "A. J. Poppleton, water, C. 8, Chase, F. Krug, R." N. With- nell, J. B, Kitchen, Benjamin I, Smith, L S. Iteed, H. Pundt, A. . Wood, G. W. Lin- inger, Warren Switzler, Christ artman, C. George, W. Connell G, M! Hitcheock, Norman 7 i, Joseph Bar ker, T. C.” Bruner, W. W. Lowo, Thomas Rogers, P. L, Perrine, William A Paxton, Thomas Swobe, John Stecle, E. Wakeley, J.N. Cornish, W. V. Morse, A. P. Hop- kins, F. P. Kirkendall, k. C. Cushing, M. Douovan, A. Hospe, jr., W. I, Allen, Henry J. Windsor, G. C. ‘Towle, Houry A. Thomp son, William 1. Crarg, 8. K. Spaiding, Mar- tin Ittner, C. O. Lobeck. Future Work Mapped Out, After tho olection Mr. Boggs stated that it was necessary for tho association to take some action in~ considering amendments in the real estato and mechanics’ lien law. He thought realty owners should have something 10 say regarding the laws enacted for them, and asked for a discussion on that point. He also stated a determined effort should bo maae by the stockLolders to get manufac tories in Omaha. He thought that if every- body would go in heart and hand for home indastries, ana then patronize them it would be a vetter plan and more profitabie than offering bonuses to induce manufactories to come here, In 8 general discussion City Attorn nell spoke of the provisions in the city charter of the eminent domain, He said the provisions shouid be looked into, and that many smendments shovld be made to the charter. . “‘We have a new governor today,’” said Mr. Conuell, **and i1t may be that he will call a special session of the logislature to remedy maiy existing evils, We should have the charter 50 amended to acquire the electric light plant, the water works and the gas works. ‘The franchise for the gas plant ex pires one vear frow this month aud than the oity should own it Major Balcombe was of the opinion that the charter should be so changed as o allow all amondments thercto to be made by a majority vote of the people instead of by the legisla ture. If the amenduwents were made by the people ho thought that the lobbyists &t the state capitol would have no opportunity or manipulating things as they saw fit. Thoe park question was also Lrought up, and John A. Horbacn stated that the voting of the bonds for park purposes was a very {ool ish pilece of business. Two years ago the property near Elnwood park was bought for 250 an ncre and now 1L was proposed Lo pay §000 an acre for it. Mr. Horbach thought the voters were in ignorance when they voted on the proposition. He believed the property owners now saw the fallacy of the bonds being issued. Mr. Boggs then spoke of organizing an ap- praisement board for the city and of a better street car service or the granting of a fran- chise to Another compauy. He simply brought the questions before the meeting and it was decided that it would be better to have the advisory board meet next Mounday night and discuss the matter snd make recommendations to the proper authoritles. e THAT RACE TRACK. fifty The board is gentiemen : reor, Max Rogers, I, Horbich, E. Rose: Joe Garneau Tuk Scheme of Nat Brow The new directors of the Omaha Driving and Park association et last evening and 00k prelinunary steps 1o put the association onits feet. An expert accountant was en gaged 10 go over tho old books and accounts and to report at a future mueting the exact condition of affairs, A discussion was indulged in as to various practicable plaus that might ve adopted, but vo conclusions could ve drawn until the stockholdors could ascertain just bow the ground lay, Mr. J '}«ph Garnesu, president of Lthe asso- ciation, Was preseut, and & reporter asked bim if he bad anything to say about a recent interview with Nat Brown published in Tue Bex concerving the proposed driving park io East Omaba, Mr. Garneau stated thatthe directors of the Omaba Driving and Parg association ave working on their report, which 1s gotien out for the stockholders of that association, and that in @ very few days they will be ready with this report, whict will be given to the public, gether with the nurgulllan- of the airectors for the future developinents of this to Other cases are lustanced whero wen wore | euterprise. NUMBER 230. e e PROMOTION BY ~ SENIORITY Important Ohange to Be Made in Mile itary Affairs, CONGRESS WILL PASS THE MEASURE Artillery, € Be Am plat Hospital ¢ alry and Infantry Se the Plan Cor L Pay for t rps Fay Viee Wil B8 FOURTEENTI STRERT, WasiniNaroy, D. C., Fob! 2. Chairman Outhwaite was today authorized by the committee on military affairs to repory 10 the house with favorable recommendation the bill providing that all promotions in tha several lines >f artillory, cavairy and infantry, up to the grade of colonel, shall be by senior: ity in the next lower grade according to original entry into the regular service as & commissioned officer, and that no ofiicer who has lost rank by the operatious of a sentence of A court-murtial or of an exumining board shall, by virtue of this act, rogain any rauk 50 lost.~ Any officor who has been reinstated in tho army by act of congress with original status or rank shall, for the purposes of the act, be deemed to have been coutinuously in service. Also the bill authorizing tho secretary of war to appoiut a board of review, to consist of three membors and a recorder, from oficers on the active or vetired list, to review the proceedings, findings and seus tence of any court martial for tho trial of & commissioned officor or oulisted man, cithew of the regular army or volunteer forces, where the uccused has oeen dishonorably discharged from the military sorvice. The poard shatl have jurisdiction of ali cases as shall be ordered before it by the secretary of war, and its members shall serve without compensation except such as they are now receiuing. Ho was the bill inc corps from § Wasmisaroy Bunreav or Tie Bee, } wrected to report favorably asing the pay of tho hospital to 18 a mouth. More Pay for Postal Clerks. H. W, is at the Ebbit, po: G Roy und. wito of Butte, Mont., rore. Sam Elrod of Watertown, S. D., & member of tho Board of Itegents of that state, today appeared before the attorney general and otary of tue interior and asked that the 00 uppropriated for tho Brookings Agri- cultural college be disbursea through the Board of Regonts. Nop was today appointed postmaster at and Rapidst Hall county, Neb., ano 8. M. k at Secor, Hardin county, la. ho louse committe on postofices and post roads have referred the bill to reorganize the vaillway mail service to postmaster gen- opinion and the friends of the suro believe be will surely give it his al endorsement. The ill increases the salarics of postal clerks about 15 per cent, 1f it passes the houso it will becomo law g the senate is on record as in favor of eorge of Custer county are Frederick Paulding, for several seasons a member of the Jefferson-Florence compuny and an actor of sterling worth and ability, will be scen at Boyd's theater for thres nights; commexncing tomorrow evening, in an elavorate production of a comedy-dramn of New York city experionce calied “I'he Strug. glo of Life.”” e play is 1 six acts and ten scenes. Tho chief sets are a drawing room in u Mureay Hill mansion, the Battery in wiator, and a view of the harbor and tha Bartholdi Statue of Liverty by moonlight. The view of Fifth avenue, snowing St. Pat- rick's cathearal, the Vanderbilt resl- dence and the Langham hotel, is pro- nounced a marvel of beauty. But the crowning triumph of this wonderful production is the great dock und sewer scene, a piece of realism never befors produced on any stage. All the incidental music, an ovorture and an ovigmal song, “The Pet of tho Tenement” wore written' by Mr. Jesse Williams, the celebrated orchestra leader of the New York Casino. On Saturday even- ing by particular request Mr. Paulding wiil present Tobin’s unrivaled comedy, ‘“The Houcymoon.” The sale of seats for tha Antire engagoment will begin this morning, Haulons’ great spectacie, * close its succesful new theater today, b ances—a matineo at 280 this afternoon and the regular evening porformance at ¥:00, The piece is tho most popular of any of the Hanlons’ attractions. Superbn,” will cogagement aL Boy ng two perform- John T. Kelly, the bright star of the “U and 1" company, thatis billed for Boyd's Sunday and Monday evenings next, is one of the best Irish comedians in tho country, Ha bas a happy brogue that is thoroughly nat- ural on the stageand at no time appears forced. Off the stage he can tell as funny an Irisk story as one desires to hsten to, He has also written many clever Irish songs which are often heard on the stage. - War in Chinatown Chief Seavey received a suort epistle from Jen Nee of Chicago. Mr. Nee states tnat he is a Chinaman and passed through Omaha about two months ago, on which occasion he tarried over night with a countryman named Hi Loy, who resides at Twelfth and Howard str Jen further avers that he was robbed of 4 large sum of mo ey while there and he fell in duty bound to inform the polico that the place is & rosort of thieves and that robberies are of trequent 0CCUrTTenco Lhore, The chief ordered an investigation and De- tective Savage visited the placeat 3 o'clock yesterday mornng, fe found & number of Chinamen playing dico and dominos and supposed that they were gambling, but as he couldu't talk Chinese and none of the players could talk United States he conld get no information on thoe subject and no arrests were ne to Chill, . Louis, Mo, . 2.-A private dls- patch received from Port Townsond, Wash., states it is believed there that Hedspetn, the notorious leuder of the gang which robbed the express traiu at Gleodale, has been in that city and that he boaraed ‘o lumbor ves- sol for Valpariso about two weeks ago. - Oklahoma ¢ ed Out, Gurinie, Okl, Fob, The supreme court has rendered a decision upholding the clause of the law opening Oklahoma known as the “sooner” clause, providing that any porson who entered land before the hour of opening should lose all rights to obtain titie to auy land whatever, e Two Outlaws Killed by Ofcers, P auts, Tex., Feb, 2.—News from Brunner- town, in the Creek nation, states that Esna Gordon und Caser Bruuer were killed by deputy United States marsbals and one deputy was seriously wounded in o fight. Tho ofticers surrounded & uumber of outiaws at Bruner's house with the above result, . —~ - Mrs. Winslow's Soothing Syrup dren teething cures wind coiic, ote. 20 ceuts & bottle. - DeWitv's Little Early Kusers, Boest little pill ever made. Cure constivation every Uime, Noneequ 5@ them uow. B s n0 uauses, 0o pain when De- rly Risors are taken, Small Bost pill. e o B A very small pili, buta very good one, De Witt's fittle Early' Risor - Dr. Birney,nose and throat, BEE bldgy 23 for cnil- disrrbes, No gripping, Witv's Little I pil. Safe pill L