Omaha Daily Bee Newspaper, February 18, 1892, Page 4

THE OMAHA DAILY bLE THURSDAY, F BRUARY I8 —————————————————————————————————— e e ——————————————————————————————————————— e ———————————————————— BESTED A TRUST IN COURT % THE DAILY BEE. F. ROSEWATE b EpiTon. PUBLISHED EVERY MORNING. TERME OF SUBSCRIPTIO! Dafly Bee (without Sanday) One ¥ 1 +1i¥ nnd Sunday, One Y ear FixM onths ‘Three Months, funduy Bee, One Year Eiturday Bee. Ong Your Weekly pe, One Year, OFFICES Omaha, The Tee Build Eouth Oy ahn, corner Councii BlufTs, 12 Pearl Strect Chicaso Office. 317 ¢ humber of Commerce. New York, Roona1”, 14and 15, Tribune Building Wushington, 513 Foirteenth Street ¥ und 20th Stroets. CORRESPONDENCE. A1l communications reluting to news and editorinl matter ahould be addressed tc the Editorfal Depurtment. BUSINESS LETTERS A1l business letters and remittances shonld Tenddressed to The Bee Publishing Conmpany, Omnha. Drafts. checks and postofiice orders 10 be made payable to the order of the com- niany. b Bee Publishing (ompany, Prupriumj OF CIRCULATION, ttate of Nebraska 1 County of Douglas. (%% Geo. 7schuck, secretary of The BEE Julilish comp: . does _solennly swe 1hnt the actual elre ation of Tie DALy Bee ebruary I 1802, was as EWORN STATEMENT 210 Monaay, | dueadiy, Feb, 0 Wecnesday, Feb i, Thuraday. Feb 11 riday, Feb, 19 Eaturday, I'e Average .. Sworn to Fefore me and subscribed In ¥ presence this Lith day of February. A. D. 1862 FEAL N. P, FrI, Notarv " Average Clrew January okt ohsbrieb ot s v i oY “CoME into my parlor,” says the road spider to the Boyd fly, and the Boyd fly is on the threshold of the parior. Tur Board of Education has for years been in the hands of the book trust oc- topus. The school desk trust has just suceeeded in fastening its fangs upon the board. THE state supreme court has reversed the decision of Judge Doane in the South Omnha liquor eases and affirmed the opinion which Lawyer Doane held on the same subject in 1881, Tre South Omaha council thought they were helping the liquor dealers when they refused to carry out the p lettor of the high license law. When the councilmen read the decision of the supreme court they will realize that they have put their foot in it. MR JOHNSON has been confirmed as plumbing inspector. The question now is, will the mayor approve the appoint- ment of a man whose relations to the plumbing contractorin the city hall will tend to destroy his efliciency in enfore ing striet compliance with the contract. 18 tho generous contribution of Nebraska 10 the famine-stricken peoplo of Russin. The corn has gono forward to Akron, 0., where it will be ground into meal. The farmers of Nebraska have done well, as they always do when a worthy appeal is mado to them. A GAIN for the conservatives in the Canadian by-clections recently held does not improve the prospect for reciprocity. The government has an ample working majority in the commons, and its hold on power is secure until the next elec- tion. In the meantime the reciprocity agitation will probably decline. THE railrond managers are only standing in their own light when they refuse Omaha fair play. The milling- in-transit rate, which is essential for our grain dealers, has boen given to other cities situated as Omaha is, and Omaha will sooner ov later_ be in posi- tion to bring the railrond companies to time. Hian license in Pennsylvania has ef- focted a great reduction in the number of retail liquor dealers in the chief cities of thatstate. In Philadeiphia, for ex- ample, the applications for licenses this year are moro than 300 less than last year. There has naturally also been a falling off in the applications for the wholesale business P us get together,” cried J. Ster ling Morton. *O, let us get together,’ cried Dr. Miller, and the B. & M. and Union Pacific got together and em- braced Governor Boyd with one of thoso significant and suggestive hugs that would draw tears of joy from Jay Gould and wring a sigh of reiief from the breast of C., II. Perkins, THE annual state encampment of the Grand Avmy of the Republic, Depart- ment of Nebraska, begun at Columbus yosterday and will continue several days. The encampment is composed of delegates from the various posts of the Grand Avmy, and during tho meoting important business connected with the organization will be transacted, COUNC says that if the eity should pay $1.75 a day to laborers who work under the stroet commissioner instead of 32 private employers would nlso cut wages. If this be true, then the reverso ought also to be true, Hus Mr. Specht or any other privato em- ployer of labor ever raised the wages of his men when the city raised ‘he scale feom $1.50 to $1.75 and from $1.75 to $2? The discussion of the anti-option bills before committees of the senate and house is calculated to give the country a better understanding of the difference between legitimate and illegitimate speculation, for it must be admitted that there are transactions of a speculative character which cannot properly classed as illegitimate. One fact has boen pretty well established, and that is that on nearly all boards of trade, and particularly on the lurger ones, there is more or less spoculation of the bucket | shop ordor, Parties who have ud- mittod this to the committees profess a desire to see it broken up, but they fail to suggest a way ef doing this. If such speculation is not essentia! to the ex- Istence of boards of trade it would seem that thoso bodies could find » practics- ble way of ridding themseives of what they confess L0 be an evil, | THE BOYD BANQU Tt was expected that the reunion of democratic lenders at the Boyd banquet would furnish the keynote for the resur- rected democracy in the coming esm- paign. The shaggy old whe who had led the forlorn hove in twenty succossive campaigns, and the warriors who were at the front of the fray in the campaign that gave democracy its first governor in Nebraska, were around the festive board The tattooed man edits the only paper with two press franchises was present loaded to the guards with anti-monopoly doctrines and Jacksonian ervotograms Iiverybody was eagerly listening and everybody excopt the railroad con- tingent went away disappointed. The oracles and orators studiously avoided all reference to the issues that are uppermost in the minds of the masses and especially the popular demand for railrond regulation, tax revision or legislative apportionment. The sage of Seymour Park rehearsed ancient his- tory, including the oxciting and stormy campaigns when the cruel war was rag- ing. Ho described his experiences in the burnt district, paid a tribute to Horatio Seymour, scored the republicans roundly for counting Nebraska into the union by the Rock Bluffs fraud and im- plored the democrats of the present generation to avenge the wrongs of their ancestors. Sterling Morton ex- horted demoerats to get together and malke one more desperate effort to reguin control of the federal flesh pots, Gover- nor Boies tearfully deplored the wrongs which the farmer is subjected to and congratulated the country on its impend- ing deliverance, This was all very when midnight came and the love feust was over an inquisitive Sumoset brave asked, *Watchman, what of the night?” and a very indiscrcet railroad eapper ponded: “All is well; we have got Boyd hypnotized.” interesting, but COUNSEL TO A CANDIDATE. It is not apparent that Governor Boies has anything to gain, in a political wa, by still seckine to justify what ho said in New York more than a year ngo re- earding the excess of cost over value in producing an acre of corn in Towa. The testimony upon which he based his state- ment came from a very small fraction of the farmers of Towa, not a suflicient number to furnish a fair basis from which to judge results in the entire state, but regardldss of this it has nothing to do with present conditions. In his message to the present legisla- ture Governor Boies snid that ‘“‘at no time in the history of Towa ).as her peo- ble been blessed with movre prosperity than they now enjoy,” and he applicd this to all interests in the state. Th was said, be it remembered, more than a vear after the prosent tariff law went o0 that if there was anv pro- priety or justice in holding the tariff re- sponsible in December, 1890, for the con- dition of the farmers, it is equally proper and just to give the tariff credit for their vordition in January, 1892, Governor Boies is receiving a good deal of attentlon at present as the pos sible choice of the democratic national convention for a plico on the presi- dential ticket, and his deliverances will b carefully considered by way of esti- mating his intelicctual equipment for party leadership. He is likely to be given numerous opportuniti for an expression of his political views, and he annot be too judicious in the matter and manner of his speech. [t will bo remembered, for instance, that in ad- dressing the Greystone club of Denver s short time ago he caused great disap- pointment by making no reference to silver, a democratic organ there going so far as to say that this omission de- stroyed any chance he might have had of being a candidate for the presidency. Theve is diversity of opinion in the democratic party rvegarding the tariff, ther the method of treating it, and rnor Boies must keep this fact in view. The position of a possible candidate is a delicate and sometimes a ditiicult one anxiously and more o less o ously watched by rivals, and everything he says. is subjected to close attention and careful criticism. Everybody under- stands that Governor Boies is a possible candidate fora place on the national ticket of his party, and he therefors needs to exercise the utmost discretion in his utterances and to apply himself as far as possible to the consideration of present conditions, There have been notable changes since December, 1590, when the governor made his memorable addrvess at the banquet of free trado democratsin New York City. THE BATTLE IN THE HOUSE, Republicans ean regard with entire complacency the interesting contest that is going on batween the factions of the democratic majority in the house of representatives. Whether Mr. Springer shall succeed in having his bill for the vepeal of the wool duties given prece- dence over silver, or Mr. Bland shall ‘b able to erowd his free coinage meusure to the front, either will bo acceptablo to the republicans, and there is no way in which the contest cun end that repub- lican interests will not be bensfited, It the unti-silver democrats, who are ag- gressive and determined, ave successful in defeating the immediute purpose of the fres coinnge advocates. the offect must be to widen the breach between the factions, not only in the house but in the country. The feoling between these elements is ubviously very strong. The report of the minority of the com- mittee on coinage, weights and measures on the Bland free coinage bill clearly shows this. The position taken in that report leaves no room for compromise, It condemns the policy of free coinage in unqualified terws, declarving that in effect it would be repudiation. No re- publican opposition to freo coinyge has taken stronger grounds than uro urged by the minority of the democrats in the wpproved by the wmajority. 'o make of repudiation, says the report of the proceeds to show in & very cogent and | conclusive way why it should be so re- garded, This reprosonts easteru dewocratic sentiment us opposad 10 Lhat of tha west horses | who | coinage commitiee agains! the measure the Bland bill understood as a mensure | minority, is to secure its defeut, and it | and south. and it is irreconcilable spara no effort to bring this question toa vote with as little delay as possible. The division of sentiment regarding what should be done with the tauiff | not less strongly defined. 1f the polic of Mr. Spri sapported by a majo | ity of the ways and menns committee, provailed, Mr. Mills and his followers would experience a keen dissatisfaction. They still maintain that the democracy cannot afford to merely attack tho tarift in detail, but is bound by pledge and by every consideration of sound party pol- iey to bring forward u measure of gon- eral revision. Anything short of this they regard in effoct a surrender, and they threaton to maike a fight to avert such a result. Thoy may ha beaten, but that will not improve the feeling be- tween tho factions. The situation from a political point of view is thus seen to be very interesting. The battle in the house will hardly have a decisive issue there. It will be con- tinued in the democratic national vention, which after all must bo the arbiter of the policy of the party. Some capital has alveady been made for the republican party and there is favorable promise of a great deal more, Y HUMBUGGING THE WORKINGMEN. The debate in the council over the proposition to fix the wages of day la- horers employed by the street commis- sioner at $1.75 a day drew forth the usual amount of political palaver with which workinzmen ave humbugged by politicians. The councilmen who talked loudest about their sympathy for the poor work- ingman were talking to the grandstand. They could give no valid reason why the city should pay higher wages for labor- ors than the highest wages paid by con- tractors and other omployers. Themen on the street commissioner’s pay roll et 32 for eight hours work a day, while other laborers who are compelled to work nine and ten hours a dag only get $1.50 to $1.75. The laborers employed by the Board of Public Works only get $1.50 a day. Why should laborers work- ing under the street commissioner get half a dollar a day more than men who work for the city elsewhere? Does any sane man pretend that pe o 82 ing 82 nger, con- \ o a day to forty or fifty laborers will raise the wages of laborers in private empioyment one penny u week? Has any contractor or employer of labor ever regulated the wages paid to laborers by the seale of wages paid by the city? Do not all the wage-workers who pay taxes have to contribute their proportion, how- ver small it may be, toward this preferred class of laborers, who hive in former years always been made'to do political dirty work in the primavies in return for the favors they enjoyed? It is not a question as to the amount of wages paid, but it is wrong to rob Peter to v Paul. The way to help workingmen is to get work for the largest number that can be employed at living wages with the means at our command. Suppose we have $10,- 000 in the wage fund at the disposal of the street commissioner. At $5 a day we could employ 50 laborers for 40 days. At $250 aday we could employ 100 men for 40 days or 50 men for 80 days. At $2 aday we could employ 50 men for 100 days or 100 men for 50 days. At $1.75 we could employ 57 men for 100 days or 114 men for 50 days. In cther words, without pinching the labarers we could employ 14 more men for 5 days than we could by paying 23 cents a day move than the highest prevailing wage. That is precisely "what workingmen have been contending for when they de- mand the eight-hour day. They want opportunity for work at living wages for the largest number CUSHING AND BEMIS. When Mayor Cushing turned the office over to Mayor-elect Bemis the water works company was divided against itself and em- broiled in litigation. The six months’ hy- draut rental had just fallan duo, but the factional fight and not the delay in_the pay- ment of hydrant rental had caused the de- fault in the compauv's interest. Mayor Cushing very properly refused to authorize the payment of the 37,000 to the water works company until the courts had indi- ted which faction was entitled to it.— 0 ld-Herald, What particular advantage would Omaha have derived from holding back the rental which the city justly owed? The bill was audited by Comptroller Goodrich and passed by the council. [f Mayor Cushing had any doubts about the propriety of paying it why did he not veturn it to the council with his veto? Why did he leave this bill with the entire appropriation ordinance for December unsigned on his desk and thus force Mayor Bemis to take action on appropriations with which Cushing was familiar and which he was in honor and duty hound to either approve or disapprove. In the language of Tim Mahoney, “God hates a coward.” Had Mayor Bemis lacked moral stamina he would have returned the ordinance unsigned and it would have become a law just the swme as if Cushing had signed it. But Bemis is not a skulker. He vetoed such items in the ordinance as he be- Heved to bo irrogular or excessive, and approved the rest. Instead of boing traduced and having his motives im- pungod he ought to be commended for exacting from the water works company a concession for relocating hydrants, which will save the city $5,000 a year hydrant rentat during the unexpired torm of the city’s contract with the water works company, But you can't expect decency or justice at the hands of unprincipled dem- BEOg ues. CONGRESSMAN Mousg of Massa- chusetts hus become known ali over the country as the inveteraie enemy of the inlerstate commerial law. He wants. it repenled and has introduced a bill for that purpose. A similar bill was intro- duced in the last congress, gotting very | litsle nttontion, owing largely. 40..the fact, doubtless, that its author failed to presout any sound or satisfactory reasons why the act shoula be repealed. Mr. Morse is undoubtedly sincere in the | belief that the law works more harm than good, a greut many people in En- gland being of this view, but the very genoral sentiment of the country is to the contrary, und ne party will venturo to wssume the responsibility of doing awsy with this means of railroad lation without very m. 2w is ! dence of its inoMectiveness than The silver men, it is apparent, intend to | the bill to roppal tho regu- ' ch stronger evi- , Well=l: is now attaineblo. Tt true the decision of the suprome Gagrt in the Counselman 180 somewhateweakened the force of the act, but thé¢ dafect in this particular can be remedipd. Tt isnot likely that law will receive ny more consitleration from the ent congress thiin it did from the one. pros- last The Tender Ditehed. Washington Post. When the Binue locomotive jumped tho track it carriod the Thurston tender with it. —— Cangn for Stufred New York Advertiser «dom.) At last nccounts David Bennett Hill had sixly-nine delegates to the state convention and Grover Clevoland had four. This is almost grounds for another Cooper Union symposium of woo. e A Straigl Tip. Arkansas Gazelte dem.) The newspapers may print jokes at the ex- pense of Chairman Holmnan as a “‘watch-dog’ of the troasury, but he will remain trie to his recora and object to everything nov wanted by Indiana. Chicago Times The chief trouble with Governor Russell of Massachusotts and Governor Pattison of Pennsylvania as prosidential eandidates is that thoy failed to take Horace Greeley's advice in youth and go west. — asa Win Chicagn Herald With Palmer as a standard bearer tho democracy would go into the campmgn not doubtfulas totho result. He could and would be elected without the voto of New York. but he would as surely carry that state as Kentuck, Milwaukee Sentinel. Municipal government ought to bo as strictly a business matter as the government of a banking institution oran insurance com- pany. The men who control the community affairs ought to bo men accustomed to busi- ness and should be selected without any roference to party volitics or theiwr views concerning tho nebular hypothoesis, It's business alone that local ofticials have any- thing to do with properly. sty SN MeClu otographs Hill, Chicago Inter-tcean. Colonel Alexander K. McCluve, editor of the Philadelphia Times, is generally a demo- crat in theso later days, but he cannot stom- ach D. B. Hill. At a banquet in Jersey City on Lincola’s birthday Coionei MeClure ex claimed: *What a differonce botween Abra- ham Lincoln and David B. Hill. Tne one redeomed a continent and made his namo immortal. The othar's chief recommenaation as # presidential candidato is that ho stole a state.” - THE C)AL COMBINE. New York Tribune: With a vast capital at stake, the combined compaaies are likely to pursus a cautions and conservative policy, which may in the oud prove by no means hurtful to the public. New York World: There is of course no one 1o speak for the coal consumers who pay the prolits and who theoretically coutrol rail road and ail other legislation, but who in these matters are wholly unrepreseated. Philadelphla Record: The production of anthracite cosl is a,natural monopoly in the haods of the corporations which carry it to market. How this consolidation of the interests of carriers shall affect consumers it 15 too soon to predict. Boston Globe: The coal ‘*‘combine” will affect the pocket of every householder. Its projectors declare that 1t means lower prices for black diamonds. In that event the great public will view the situation with equanim- ity, but promise is one thing and fullillment quite another. Kansas City Times: Anothor trust has been born, Its veseficiaries have alreauy made millions through the appre:iation of railroaa shares. ‘The price of coal may not be aavanced immediately, but that the con- sumer will not have o wait long for the privilege of payin,s mors for fuel goes with out saying. Globe-Democrat: If the Anthracite Coal trust puts up the price of its product the duty on the other sorts of coal will be re duced. Tuere is no duty on anthracite, con- sequently the “combine” cannot_be attacked at the custom house directly, but the indi- rect attack by makiug bituminous coal free would strike tue trust a tolerably hard blow. POINTED LINES. Philudolphitn Times: The Indians have broken out again. This 18 rash. but we'd havo Jess of them It the redskins porhaps got more rations, Washington Star: An intoxicated man fre- quently demonstrates that a full and his wouey are soon parted. Arkansaw T imy—Paw, what provaricator? Me. Figg—Ile is a liar who weighs more than you. is Sowerville Journal Passengor ~How dgies Pursons feel about thatnow pair of twins of his? Second Pussonzor—Well, ho suys he wouldn't ke BI00.0) for thnt pair. but he wouldn's give 10 ceuts for another ono. When I little moro Do you un- sir! [ here, wint terro. Guest-Loo order pommo de terte | pomme wnd not 50 mu derstuna? 4 Garcon—Oul, monsieur. earth. Judge You do not vant ze TO BADY RUTIH, New York Herald, YLetme write this little lno, Baby Ruth, Ask to be your valentine, In ood s00th. I will give you lots of things, Whistles, iorns and rubber rings, Dollfes that will sing and talk, 1o sleop or take o walk; Sugar plums and lollypops, Richest end of boying crop at's the truth, And I toll you what I'll do— Swootest mote— 1f to me you will'be true, In Novembor, 12, 5 for your papa, little Ru', 4 (Perhaps) Ul vote. Binghnmton Republican She grabbed tho letter with the ferocity of i tizer. She found it in her busbund's overcont pockot, addressod in afine fer o hand. Now I have the wreteh,” she hissed ghrough the set teeth of her vighd juws, Sho crumpled the misstie in demoniac grasp, anl then her fiery oyes shot Wpon the nserpLiNE “Mes Joln Smith, Bul- ternutville. WA B61 Ch s 6! shewgain hissed fu her trivmpl 1t's the letter I zave I 1o mall to mother three months ngo." not think a Vs you i authority of bowers ire al- Boston Transeript: uirls, do fellow is a gentleman beouuse ho polite bow. ~We buve it upon tl i veteran cuchro £ that Witys knuyes. Elmira Gazette: My sou. 1o not put you oarinto ageneral conver o of sensible ess you have i goou s.ull, Jommeretal: <D id the fisherman s’ legs," Dirldgot? ure I couldn't s6c, mum; he had dbypants on” Yonkers Gazettory The even tonor men's ways is oxceddinzly base. HOW GRANFPA PROPOSED. of some Phitadelphia Call, “Tell you how grandpa proposal! Doaar me Aund erandm s nodded hor silvery hoad (Her Im}r was ke gold iu the duys that were 1 Jut Lhi years had brought silver Lost How your grandpa proposed’ Dear nie! Well, 1t happened the eve before Vou 08 (How grandmw's dark oyes And this tiny gold beartand thi Your geandpa brought the t0 o ‘I have brought you my heart. 17" s 4ld hos t will opou £y you. doar. al d whon 1 the heart Ubad Btied tho key (Whint & fush 00 the dear old £1oe’) I found that the shis Just u large enough lice Held tho tiniest piotire of m WL you Live in iy hoart ar grandpy g d). hono!), tiny gold ke nd Zuve thei Will you keep A oposed, ' And y Juxht 5o myseil™ s she wristmas, | (LAST OF THE BOYD CONTEST Why General Thayer Was Not Entitled to Hold Over, MAJORS THE LEGITIMATE SUCCESSOR Chier the a5t ' in Dets g D Provoke Explaing the Sitos clared to 1 vine and Lik Start- to Anarchy, LixcoLy, Neb., Feb, 17.—]Special to Tr Ber, |—Tho contest instituted by Governor Thayer, and which prevented Governor Boyd from exorcising the functions of the oftico to which he had been elected for nearl a year, has passed into tho historical aunals of the state. But thero is one more chapter and that was completed by an opinion handed down by Chiof Justice Maxwell of the Nobraska supremo court today. Tt will be remombered that last May when the supreme court of Nebraska sustained Governor Thayer's demurrer to Governor Boyd's answer and thus ejected the latter from the executive ofice, Judge Max- well dissented on the question of citizenship. In the opinion handed down today the chief justice explains that at that time he supposed time woutd be given for Governor Boyd's attorneys to amend tho answe He based his belief on the provision of section 146 of the code which provides: 1f the demurrer bo sustained, the adverse party may amend, 1t tho defect can bo remedied by way of amendrent, with or without costs, us the coart in its aiseretion shall direct.” Gov. ernor Boyd’s auswor, continues the opinion, was clearly amendable. Questic Continuing, the opinion says: “When I prepaved my opinion in May last I supposed that leave to amend would ve given 1f de sired, and therefore expressly say in toat opinion that I had not examined the question a8 to tho succession in case Boyd was re moved. The question of the succession seemed to be of considerable importance, and @s the court at the outset had made the order permitting thoe relator to stitute the action so far conditional that it would permit the lieutenant governor to intervene if ho saw fit to do so, it was but reasomable to expect, therefore, that in caso the defondant was found not entitled to hotd the ofice that the case would be set dewn for argument as to the proper person to succeed him and that no conclusion would be reached until after such argument. When the majority opinion was filed, however, it appeared that my associates did not so under- stand the case, hut proceeded to decide that the relator was entitled to the oftice. * * *» | have deferrad filing my views upon the questions indicated until that great tribunal (the United States supreme court) had determined the main question, which it has now done in a mauner creditable to the court.” 0t Successic Would Lead to Anarchy. Alluding 10 the language of the majority opinion of iast May, the chief justice contin- ues: *“This language, if I understand it cor- rectly, means that the voters of the state, al- though they may every one cast their votes for an individual forthe oftice of governor and the porson so chosen may take the onth aud give the bord required by law and enter upon the duties of the office, yet the incumbent may set himself up as judge, jury and beneficiary in the case, and for some alleged cause refuse to surrender the office to the person lawfully chosen by the electors of the state. He may not ooly do this, but may fill his apartments with armed men to assert his alleged rights in the premises in defiance of tne will of the people and thus bring re- proach upon republican institutions. * * * If it isa vroper rule to apply in tho con- struction of a state constitution, it will be founa equally applicable when applied to the titution of the United States, and thus ttled law that the mbent in_an retain the same notwithstanding has been chosen o fill the place a"ld ) ofiice m thes has qualified ana accepted the position. artling doctrine. There are times in ory of every nation and state, when, from a conjunction” of circumstances, such a rulo might be used to defoat tho proper will —if not create amarchy and the destcuction of free govornmeont.” Majors the Man, Not Thayer. Chief Justice Maxwell then argues at length to provo that the proper person to fill the executive office when Governor Boyd was declared ineligible by a majority of the court, was the lieutenant governor. He asserts that the decision was reached only by a dis- tortion of the plain meaning of the constitu- tion. He said: *‘A forced and unnatural construction of lunguage either in a constitu- tion, statute, contract or other instrument, is liable to be fraught with wrong and injustice and leaves uncertain what view may be taken by tne court of any instrument or document and bhence tends to unsettle and render un certain the law upon the plainest proposition, acd hence that mode of construction is gen- erally discarded by the courts. In addition to what has been said as to the right of the lieutenant gov- ernor to succeed the governor. 1t will be noticed thut there is no provision in case of vacancy for electing & governur at the next general election after the vacancy oc- curs. Hence, if the position of the majority of the coyrt is right a man who did not ré- ceivo a single vouo for the ofico may hoid the oftice of governor of the state for two years at least, and as much longer as possible; and this government of the people by the people be defeated and the first step taken to Mex- icanize the government of the state. * * * In any view of the case, therefore, the re- lator ceased to be governor of this state on January 7, 1891, and since that time had no right to bring the action or hold the office of governor.” Jndge Doane Reversed, The supreme court today handed down an opinion touching on the publication of applications for liquor licenses. The opinion was basod on the case which was started in the Douglas coun district court against the South Omaha saloonkeepors and on which Judge Doane ren- dered a decision, An appeal was taken Lo the supreme court, and the opinion in the case, which is entitled “State ex rel Brigham v City of South Omaha,” was today handed dowa by Cuief Justice Maxwell, Thd syl- labus ot the opiuion reversing and remand- ing the case is as follows: The apphicant for a licenss to sell” intoxi- cating drinks must cause a notice of bis ap- plication to be publisued at least two weeks in @ newspaper published iu the county hav ing the largest circulation therein, This no- tice is to bo continued for two weeks, It is 10 bo puvlished in every issue of the paper. If the puper is published dally, the uotice must be published daily; if the paper is pub lished weelkly, then weekly publication will be sufficient. 'The object of the notice is to give as wide publicity — as possible to the plaintifl's application, so that it any person kuoows of any viola- tion of the license law by tne applicant, or any valid reason why license should not bo grauted Lo him, be may come forward and make objection. Other decisions recorded were: Persinger vs Linkle, ervor from P’latte county, petition in error, dismissed; Peterson ys Tults, error from Douglas county, roversed and re- manded : MoCord, Bradv & Cu., appeal from Dougias county, afirmed; Shufeldt vs Guudy, appeal from Richardson county, re versod and dismissed; Hallard vs Hansen, error from Douglas county, afirmed: Solo- man va Fleming, appesl from Hitchcock county, reversed and judgment eutered in this court for plaintiffs; Johnson vs Parrotte, error from Buffalo’ county, reverse Weinicke vs state, error from Merric county; afirmed; Burkbolder vs Fonner, error from Hall county, affirmed. fospector Blanchard Dismissed. Goveruor Boyd today removed Chief In- spoctor Blauchara of the Omaha grain de- artment and appointed R. P. Thompsou, wto deputy inspecior, W succesd him. Tke dismissul of Mr. Blaochard will, 1t is be- lieved, soive a serious probiem which has confronted those interested io the upouilding of the grain business under the new ware bouse law. Mr. Blancbhard was clearly iu- competent, bul Liere was no way of replacing him as his tenure of office depeuded entirely Upon the governar who uppointed bim, (ov ernor Boyd stutes that he is uot personally acquuinted with Mr. Thomopson, ard never saw i untit within thepast few davs; but he knows Lhet he is the wost competent wau . | which has that can be secured for the riace, and he mado the apnointment for that reason. Miles Zentmever was today appointed com- mandant of the state soldiers' home at Grand Island Miss Eliza Wiltshiro was today appointed matron of tho fusane asyluw at Hastings, ¥ n District Court, Judge Tibbetts and a jury aro trying tho case of Jessio Goodall against Gray aud oth stockholders of the Clay Manufacturing company. The company fatled to filo its articles of incorporation or give legal notice of 1ts existonce or financial condition, and an effort is being made to_render tho mem bers thereof individually liable for the com- pany’s devts. "T'he dofense ailege that they did givo the necossary legal notice, but that it has beon cut out of the ws' flles by some interosted parties Thio Lancaster County bank asks the appointment of a_rocever for Henry Feis, claiming that ho has disposed of his proporty to his son to defraud creditors, and that the son s disnosing of tho property as quickly as possible. Some Startiing The contest between €, K Elias Baker for the aistrict court clerkship, veen dragging along for some weeks, was considerably enlivened today by tho introduction of testimony on the part of Baker to the offcct that Frank Kaufman, presumably acting for Waito, had offered a clerk in chareo of the vauit 1,000 and a guavautee of a permanent position if ho would allow nim (Kaufman) to enter the vault where the ballots vet remaining to bo recounted are storod. Auothor witnoss was introducod to prove that ono of Waito's at tornoys had been seen in the vault i the collar where the ballots had been stored for a time, Other witnesses testified that the collar vauit was accessible to anyone. This testimony is beine introduced for the pur pose of proventing a recount of theso ballots, which would leave Baker's tenure of ofice suro, for stimony. Waito and Odds and Ends. Mrs. George, Rogers, wife of a traveliug man for Peregoy & Moore, Council Bluffs, living at Sixteenth and P streats, pulled o rovolver out ot a bureau drawer this morning with some clothing sho was removing, 'The revolver fell to the floor and was discharged, the bullet entering her knee, inflicting a painful but not serious wound. While endeavoring to separatoa pair of scrappers in his saloon today Tom Carr was struck in the eye with a pairof knuckle: bursting the eyeball. The doctors are en- deavoring to save his sight, but with little hopes of succoss. The Rock Island has secured nearly all the land necessary for a right of way into the eastern part of the city, having paid out nearly $135,000. Agents are now at work se curing options for a southeastera outlet. Tom Rogers, a negro farmer living near Waverly, complained to the police today that his wife had run away with a one-logged fel low named Turner und took his two children and the deed to his farm with her. He did not care for the wife and children, but was greatly perturbed over the loss of the deed. 'he untinished biock at Fourteenth und P streets known as the Great Western hotel, was sold uv shortf's sale today and was pur- chased for $13,000 by the lienholders, who will complete it John S. Brown brings suit in district court against J. A. Buckstatl to recover $10.000 for tho loss of a hand while working witi a bu: saw, whose habits he was not familiar with, in defendant’s planing mill. The city council last night took the pralim inary steps for beginning the erection of un iron viaduct over the Burlington and Union Pacific tracks on West O street. Appraisers will be appointed tomorrow to condemn the necessary property. A very lively discussion took place over the water question and it was finally decidea to continue the experimental well at South street. She Was Desperate. Three policemen bad a lively time this afternoon in endeavoring to capture Mus. Dr. Dickey, an insane woman. She had bar- ricaded her house and when the officers put in an appearance set a savage dog on them. The animal was killed, but it was not until they had broken down the door and been assalled with flatirons and hatchets that they secured an entrance. The woman ran to a table and picking up a huge butcher knife began hacking at her throat, and be- fore it was taken from her had succeeded in inflicting soveral big gashes. She will re- cover. The woman had become insane from o frequent indulgence in morphine. SULLY BEAT THE RAILROAD. He Wouldn't Pay His Fare and Be Thrown O Kansas Crry, Mo, ab, 17, of the Santa Fe train on which John L. Sui livan and bis company made the trip last week from Wichita, Kan., to Topeka, tells how tho sluggor beat his way and his com- pany’s from Newtou to their dostination. At Newton a new conductor, as usual, took charge of the traw. When he demanded Sullivan’s fare, the big one told him the other conductor had taken up the tickets, which were good ali the way from Wichita to Topeka, The conductor wired back to Comldn’t The conductor | Elevator Oombine Forced to Abandon Su it Against a Gompetitor, K / REPORTED RAILROAD COMBINE DENIED Armo Ml and Proposed Granger Rond. World's ¥ © Haven't Heard of of the Mg ossip of the City. the wtion ir Cmeaao Burkau or Tie Bes, Citcaao, I, Feb 17, Tn the United States court a big, belliger ent trust threw up both hands and cried enough to an individual company which for two months has been acting upon the offen- sive. This action was on the part of the National Rievator company and the Crane company in withdraw- ing' their suit against thoe Elevator company of this city for alleged in fringement of patents. Tho complainants not only withdrew the suit, bat they paid the court costs and retirod to consider wherein fs the profit to start the slow jug- rnaut wheels of justico and then to block thom with last vear's dividend. The suit was instituted December 19, 1801, Armour Hasn't Heard of It, P. D. Armour when asked about tho re- port from Now York that there was to be a big combination betweon the Northwestern, St Paul, Union Pacific and Northern Pacific and Atchison said : i | there is a deal of the sort on, I have not heard of it and I do not believe President Rosewell Miller has beard of it. 1 hada talk with him for over an hour the other day and I certainly believe he woull have mentioned so impor! antamatter if he nad known of it. There may be some deal on in stocks of which I know nothing, but 1 do ot beliove that any important arrangement botween the St. Paul and any of the other western properties could be contemplated without my hearing of 1t. St Paul stock is selling up, but it is advancing on its merits and its earnings, and uot on any deal.” Prosident Miller of the St. Paul said last ovening: “All I know of tho deal is what I sce in the pape 1 donot believe the re- vort has any foundation.” Odas and Ends. The Chicago Blaire olub will go to Minna- ovolis to securo the nomination of James G. Blaine for the presidency. The recent letter of the secretary of state has not altered the intention of the clnb in this recard. Thi was the tenor of the speaking at a meeting of the club at the Sherman house. IYive hundred soldiers at Fort Sheridan aro making a united growl because they do not receive their pay when 1t is due. > Owing to the trouble caused by the in- creased cost of tuition at the Kush Meuical collego 200 students threaton to leave. The Vegetarian society has been organizod here under the auspicec of Elra Lubochey, a young Russian who for many years has lived entirely upon cereals, fruits and nuts, eating usually but one meal a day and who now proposes to disponse with every- thing but fruits and nuts. The ef dini culty 1 the way of the socioty seewms to bo that no member can consistently drink Chicago water, owing o the large number of bacilli that congregate theroin, Juck Bain, the Cincionati lightweight, - kunocked out Billy Westou of Detroit in two hot rounds at Decatur. Owing to the high building ordinance cighteon new skyscraners of ten to sixteen stories eacn will be rushed up so as to come within the six months limt, Mrs. Jonn A. Davis, wife of John A. Davis of Montana will fame, has falien heir to an oestate in freland worth £14,000,000 and to the title of Ladv ‘'nrush Stanhowe. Bdward Wills, firstassistant secrotary of the departmont of agricultureat Washiagton, inaletter to Elder Claris 1l of Tus cola, Tl ccoived u most om- phatically’ denivs that Mongoose is to be imported to this country from India for the purvose of exterminating rats. In making a postmortem examination upon tho body of Annie Muuson, who committed suicide at 3745 State streot, the woman’s neart was found on the right side of ber body and all the other members of the visecra were as much out of place. Word received from Jupiter Point, Fla., states that Dr. J. M. Hutchinson, ona of the best kuown physicians in Chicago, will probably die from blood poisoning us the re- It of an accident duriog u Lunting expe- dition there. It is said that Judge Moran of the appel- late court will resign soon Western People in Chieago, The following western people ara . the eity At the Grand Pacific—T. W. Sawyer, W, S\ Nowton to know if that was the fact and rocasived a reply that it was not: that the tickots wore good only to Nowton. The con- ductor again demanded fares from Sullivan, who, in his characteristic, forceful and strik- ing language, declined to pay. The conduc- tor wired headquarters for instructions, ang in reply received orders to eject the whole party from the train. The crew. howaver, declined to assist and the conductor did not care to undertake the task alone. DRIVEN 10 SUICIDE, A Colorndo Woman Kills Herself to Escape r Husband's Upbralding. GureeLey, Colo., Feb, 17. —At the coroner’s inquest on the remains of Mrs. George Younginger, who suicided night before lust, the husband of the dead woman told a story whicn created great indignation amoag the people here, Last December while moving from his ranch 1o Greeley ho.uad occasion to entrust his wife and two childreu to the care of David Patterson, 8 neighbor, who prom ised to curry them in_ his wagon to Greoloy. When Patterson and Mrs, Younginger got out on the prairie he forcibly took her from the wagon and ravished hor. Mrs. Young- inger did not tell her husband of this untila short time ago. Since theu he has continu- ally upbraided her and her mina was so af- fected that she finally killed herself. Pattor- on has been arrested and the citizons Lero are favorably inclined to execute him without, trial aithough everything is quiet now. —— WILL B, lkins Suys the Presiden of Success, New Youk, Feb. 17.—A morning paper states that Stephen B. Ilkins, secretary of war, has anoounced in a letter written 1o o porsonai friend hore in Now York that Prosi- dont idarrison is & candidate for renomina- tion. The secrotary adds that the president would, moreover, bo the choice of tho Minno- opolis convention, aud furthormore would be re-eleeted. This is the first authentic aunouncement that the president is a candidato for renomin- ation, although everybody was convincod of it. 7T'hat tne secretary had sent such a letter was known at the Fifth Avooue hotel last night. ‘U'here wero various comments, ae voted particularly to the prophetic dictiou of the letter. HARRISON UMINATED, Secrotary is Sure e -— There's & Moral to This, Arvixaroy, Neb,, Feb. 16, —To the Ediwr of Tue Ber: 'I'he dispatch sent by William Jones to Chairman Ogden with reference to Boyd's success over Thayer and hoping the balmy winds of next November would waft succass Lo the democratio party, will cut po figure with the republican party in Nebraska, The idea of Mr. Joues ihinkiog for one moment that the republican party is dead re- minds me of & story of & mau who was drowned. After seaicuing for several days the body was found, brouZnt home and after careful examination was found to be fuli of eels. The body belug divested of this valua- ; vle fiud, and after being duly prepared for ! | | Lho grave, the fuithful wife was asked what disposition she desired wade of the bod, After deliberating & moment she remarke L Lim agal The World-Herald afler haviog spent so much time it heaping indig nities upon the friends of Governor ‘T'uayer and clamoring so loudly for its free trade candidate is very much, like the littie bird, who after haviug flled itself from the dung nml: then perchad upon A limb and saog loudly, but whose song was soon «ut short by & hawk which hagpeacd by sud devoured | the nuoceut litlie tird, Moral on't slug teo loud whaa fli H. Johnson, Muscatine, Ia.; W. K. Bird, ¥ Des Moines; J. W. Tromwell, Lincoln, Mr: F. P. Casper, Burlington, Iu.; A.V. Larimer, Zeno P. Brown, Sioux City. At the Palmer—M. Yuchs, . H. Marble, C. L. Rogers, Omaba; W. Walker, Des Moines: Mr. and Mrs. M. J. Chilus, Lyous, Neb.; J. A. Bernard, J. J. O'Neil, D. H. Me Carthy, George A. Busby, Centerville, Ta. Mr. aud Mrs. James West, Bmersen, Neb. George Bogart, Shenandoab, Ta At the Loland—C. C. Coon, Lincoln. At the Auditocfum—J. W. Hobbs, Des Moines, I A, s it Building Up Nebrasks Oxana, Feb, 17.—To tho Editor of T Ber: Noticing, the last few days, articles i Tue Bee relative to the building up of Nobraska, T wish Lo contributo my endorse ment to ‘the “immigration bureau,” or some other feasible ana well organized vlan for relieving the eastern “reaters” and making our western prairies bloom To build a town we must first have a coun- try to build it in; 80 by utilizing tho thou- sands of now worthless acres of raska we will need o spend no more mouey on Omaha for advertising purposos. Wern Chicago in the center of the Sahara desert, all the golden warrow in the “back- bone” ' of the western contivent would not procure for hor a “world’s fair.” There aro thousands of peopla in tho east who still_bave the idea that Nebraskn 13 “‘barren waste inhabited by roving bands of nomadaic Indians,” as descrived in the old pre historic school geographic: Let us put our shoulders to the wheel and Incorporate some kina of an organization whose sole buxiness it will b to fill the state with men who are willing to sow and reap: and send defegations periodically to different parts of the eastorn states aud lot v know what lies in store for them in west. ‘Tho “immigration bureau,” as described in the communication to Tue Brk, is, without doubt, & No. | plan for putting into action the very thing that the state ueeus, but do not, keep it solely amone “‘real estate’ men. Give the rest of us & chanco o push thiy thing to completion, CiTiZeN. the e BN Death of o5, Mrs. Sylva I, MeKenney died at her home, 1016 Paul streot, Tuesday morning of tumor of the orain, after un iliness of sevon weeds. The doconsed was 42 yoars of age and leayes & husband and ono daughter, Mrs. William Moalio. Two sistors of the do- censed, Mrs. Albert Abal and Mrs, G B Hengen, livo at Lexington, Neb., aud Gal- veston, Tex., respectfully, and two brothers, Frauk and Abe Critchfield, live at Salt Lake. “P'he funeral will be hald from the residence at 2 o'clock Thursday afterncou, Iuterment at Forest Lawn. - col relsl Congrews Delogator The following delogates have been selected to represent Omaha st the mesting of tho transmississipp! commercial congress to be held in Now Orleaus February 2i: J, J. O'Covuor, Dr. L. F. Mckenua, A. T. Rector, James Stepheuson, C. B, Rotu, A. K. Du- frone, Kdwin Davis, oun Kvaus, Joseph A. Connor, C. . Goodman, C. O. Lobeck, I1. G, Jlark, C. S. Chase, G. M. Nattuger, Jobn I, e e Carpenters Will Demand ¥ight Hours, Bosiox, Mass, keb. 17.—The United Brotherhood of Carponters throughout the country will, ou May 1, demand olght hours for & day's work, and will strike when the eoucossion is nov wale. Standard conlo— // &L’