Omaha Daily Bee Newspaper, January 6, 1893, Page 5

THREE HOURS OF ANTI-OPTIO Benator Vilas Makes an Able Argument Against the Pending Bill HE DECLARES IT IS UNCONSTITUTIONAL Close Attention Wisconsin Pald the Gentleman from Denonnced as a Step To- ward the Centralization of Power In the House WASTING of today's of the senate sposch delivered by Mr. Vilas, at, from Wisconsin, against the anti-option bill For nearly three hours he held the undivided attention of the supporters and opponents of the measure while he stated in a propared argument, delivered with great earnestness and impressiveness, the constitutional ob Jections which, in his opinion, prectuded the Possibility of its passage by the scnate He denotinced it as o flagrant advance to centralization as involving the charac teristics of paternalism There was u colloquy between him and Mr ‘Washburn, republican, from Minnesota, who has charee of the bill, in the course of which the question was put to Mr. Washburn as to whether he would accept an amendment that would confine the operation of the measure to operations that were absolutely gambling and in which there was to be no delivery; but the Minnesota senator hesitat ingly declined to answer the question afirr atively, remarking that he did not believe that any such restriction would be effectiv The bill has gone over until Monday next tomorrow and Saturday having been apart for the consideration of the two bills in relation to quarantine and immigration. il Introduces n Resolut Mr. Hill, democrat,from New York, offe the following resolution, which at the su gestion of Mr. Chandler went over until to- mMOrrow : Resolved, That the clerk of the senate be directed totransmit to the honorable seer tary of state, u copy of senate bill, 10w pen: Ing in this hody, entitled, A Bill for th pension of Tnmigration for One Year,” hat the secretary @ e, and hereh espectfully wested to inform the sena his earlicst whether the provi- glong=of the ly suspending | fmferation for the period of ong year, are in thany treaties now existing between the United States and any forelgn countries: if 80, with what countries; and any fur rin fon which he may sary fo information of ‘t Telations to the propricty of the e the said bill in its present form. The house joint resolution dirccting. secretary of $he treasury to cover back into the treasury $18500 of the appropriation made by congress to pay the Chocktaw and Chickasaw tribes of Indians for their inter- est in lands of the Cheyenne and Arapahoe | (that sum being more than was | actuaily due to the Chocktaws and Chic saws), was taken up and passed with an amendment | Mr. McPherson, democrat, from New Jev- soy, gave notice that he would_address the senate next Monday on his bill to suspend the purchase of silver bullion under the | Sherman act, ¥ cnate bill permitting M. P. Deady,United for the district of Oregon to re- sign on or after March 4 next, and thereupon | to be entitled to draw his'salary as judge during his life, was passed. nate bill to pay to the o repres The feature was the w, D C, Jan. b m democ and the most odiow pd ssignees or legal entatives of the late John Roach, ship builder, a $28,160 balance due on the United States steamship Dolphin was also taken up, discussed for over an hour, and finally laid aside without action. Senate bill concerning the testimony in criminal cases, or proceedings growing out of the interstate commerce law was, on mo- tion of Mr. Wilson, republican, from Jowa, taken from the calendar and passed. (It provides thatno person shall be excused from testifying on the ground that his testimony might tend to criminate himself. Senator Vilas' G Argument, The anti-option bill was then taken up, and Mr. Vilas, democrat, from Wisconsin, addressed the senate in opposition to it. He opposed the bill because it was unconsti tional, and to that objection he di mainly his remarks. the bill was unconstitution the proper limits of congre 1 power, | but it :rx sctly invaded the sovereignty and eculiar government functions of the state. t was a step, a flagrant advance to central- | ization. It involyed, in his opinion, the characteristics of the most odious patérnal- ism. No one claimed it to bea revenue meas: It might be summed up absolutely as beyond question that the object and pus pose of the measure was not to raise reve nue, but to apply the federal power as with hydraulic pressure to the extermination of the now universal method of making sales of the enumerated articles. He dealt with the bill as it had relation to the legitimate transactions which were based upon and supported by the laws of every state in the union. Mr. Washburn, republican sota, from Minne- asked Mr, Vilas whether contracts would be enforced by any court when the facts were absolutely brought out that neither party to them expected a delivery of the article, Mr. Vilas—Clearly not; and nothing that I have to say in this debate will have the Jeast reference to any such contracts, except to distinguish them entirely and set ‘them apart from,those with which this bill is chiefly concerned. Mr. Washburn—Thea 95 per cent of such transuctions would not be enforced by the courts, beeause 93 per cent of such transac- tions on product changes and cotton ex- changes are pre yof the character and are o recognized the world over, Mr, Vilus—I should like to ask the senator whether he would accept an amendment which shall limit the effect of this bill to such contracts as both parties intend shall not be followed by delivery of the article? Mr. Washburn Doubttul, Mr. Washburn (with some hesitation)— No, I don't’ think I would, because I don't think it would be effective. 1 think it would be evaded. Ithink it would bea rope of sand. T domnot think it would amount to anythin; Mr. Vilas—If that cannot be done, then, the distinguished senator must admit, with reference to the subjects which this bill seeks to cover, that there is a line of divi- don ; on one side are gambling contracts and on the other side are legitimate future con- tracts, which the courts of the state will en- force and maintain. The senator nods his head in admission of the proposition. Now, once again, I say that with the gambling contracts on the back side of the line, I have no further dealing with them, except constitutional power of con- 8 is Just as liable to be invoked for that purpose as the other. But I will address | 1wy argument particularly to the lawful con- tracts on the other side of that line of divi sion, and I think I may safely declare that congress has no right to enter the domain of astate o probibit its citizens the privilege of making coutracts expressed and designed to be entirely performed within the state and sanctioned by the laws of states, Mr. Vilas procoeded with his constitutional argumnent ugainst the bill, delivering his | speech with such earnestness of manner as 1o command the earnest attention from the senators on both sides of the chamber, He deelared in conclusion that from the moment the bill was proposed there should haye been 0o hour when he could bring himself to be- liove thav, in the final judgement of the sen- ate, its constitutional power would be abused in @ matter so perilous, s0 menacing to the lines and foundation courses of the wall on which the government of the United States rested. He submitted with confidence that such a violation of the constitution was sim ply impossible at the-hands of the senat At a later day in the course of debate he would ask indulgence to submit some obser- | vatious in regard to another point in the bill. As he closed his remarks there was o slight outburst of applause and the Wiscon- sin senator received congratulations from mauy of his brother senators. The senate then,.after short executive fon, adjouwrned. IN THE HOUSE, | Passage of the Fortifications Appropriation A Bill-Other Business. Wasiixgrox, D. C., Jan. 5.—The second geueral appropriation bill to pass the bouse | pensions fe | zant appropriations | it was not | he found Mr, this scssion was the fortification appropri- ation bill and it went through today without amendment oc the slightest debate. Mr. Breckinridge of Kentucky had it in charge and ho steered the craft into port without meeting with any adverse wind A few private pension bills were passed and the house adjourned without a_quorum In speaking of one of the bills where the pension burean had denied the pension asked for, Mr. Bland, democrat from Missouri, said that the house should encourage every de partment in acting in strict compliance with the spirit and letter of the law. It was the habit of members to tax the department with extreme liberality. Wero they going now overrule a department which was carrying out the law? If this were so there was o honesty in their criticisms Mr. Mr. Pichler, republican, from South Da Kota, favored the bill. The gentleman from Missouri (Mr. Bland), he said, had advanced the proposition that economy should begin by cutting off pensioners. The gentleman had almost wept tears that the country could not have the money that was granted in the improvement of rivers and harbors. The time had not yet come when the nation would say that the men who had saved the country would not be pension ed unless they wera subjects of the poor house. That they should be destitute before they could pension was the burden of the re arks of the gentleman from Missouri yesterday. He was not in favor of extrava- he was confident that the sense of the people that the old soldiers should go to the poor house be fore they could receive a pension. A nation did not deserve to exist that did not care for its defenders in their old age. Mr. Bland denied that he was opposed to the granting of pensions thav were deserved, and expressed his disposition to deal liber: ally with cvery man who had been disabled by wounds or discase in the service The bill was finatly defeated, aff quarters of an hour had been ¢ an effort to secure a quorum. By unani- mous consent the house then proceeded in committee of the Whole to the consideration of the fortification appropriation bill. There was no general debate. The bill was passed It appropriates §1,785,- Plehler Remarks. receive a or three- The consideration of private pension bills was resumed and a fow of the measures were passed without opposition, because little at- tention was paid to them. there was no quorum, the house adjourned. 118 HANDS ¥ Kept Busy Satisfying the Claims of Committeemen. Wasnixaroy, D, C., Jan. 5.—Speaker Crisp has his hands full compromising the claims of committeemen anxious to secure favors from the rules committee in behalf of mes ures in which they are interested There are at present a dozen measures in behalf of which a special order is being HA L. Speaker Crisp sled L0 set apart a day next weel for their | flolt fors tion Chairman Stump of the immigration com- mittee has seen the speaker, who assured him_ th ymmittee would be given s day for its immigration restriction bill. M tump asked for Tuesday, but no special day ded on by Mr, Crisp consid for a special order. not expected to become a law sress. : Brickner and other members from the ons are laying for an oppor- tunity to pass the omnibus lighthouse bill, which secured a special order just before th holidays, but received scant consideration, owing to the slim attendance in the house. The commerce committee, which reported the bill, also want a day for the revenue cut- ter bill, and bills making important amend- ments in the interstate commerce law to meet recent decisions by the courts. Special orders have been asked and prom- ised for the treasury investigation report, and the bill for the election of the president and vice president and of senators by divect vote of the people. The judiciary committee wants a day for the miscellancous business, as does several other committees. Mr, Bland has not yet preferred a request, but it is his intention to see the speakerand Ik another opportunity to passa bill pro- ug for the free coinage of silver. Mr. Harter and other —uncompromising anti-silver men say that they are anxious for the trinl at the repeal of the present She man silver bullion purchase law, and, as a venewal of the silver fizht is about the only thing in which tho-radicals on cither side of the currency question scem agreed, it looks if there would be another bout in this con- ss over silver legislation, Mr. Blaine's Condition. At 6 o'clock this evening Dr. Johnson said Blaine fecling very comfort- able, so much so that he did not intend to malke him another yisit tonight. ; In reply to inquiries, the doctor said that the visit of Dr. Loomis, the New York spe- cialist, could not be regarded as significant, or as indicating that there had been a seri- ous turn in Mr, Blaine's condition. There was really no necessity for the visit, he said, but the opportunity presenting _itself prompted Dr. Loomis to run_over, as he had contemplated doing for some time, in order to personally sec the patient, Dr. Loomis, Dr, Johnson said, was gratified at the im- proved condition of Mr. Blaine. In reply to an inquiry as to whethera Jjoint bulletin would be issued by Dr. Loomis and himself to this effect, Dr. Johnson said an ofticial bulletin, stating the present con- dition of the ex-seCretary, Wis Unnecessiry Unless a relapse occurs Dr. Loomis will not return to Washington for a weck orso, when, if an _opportunity presents itself, he will again visit the sick man. Senntor Kenna Still Very IlL Senator Kenna's condition remains the same, It was learned from a friend of the family that a consultation was had today by Drs. wers and Busey of this city, Chilton of West Virginia and Chew of Baltimore, Md., at the conelusion of which it was found that there had been mno change in the patient from the pastfive days. Senator Kenna sat up today for a while, as he had usually done at intervals during his illness. Republican Senators Caucus. The republican senators met in caucus this morning. Steps were taken to look into the itter fight for control of the next senate committee, consisting of Teller, Hoar, Mitehell, Chandler and Higgins, all_republi: can members of the committee on_privileges nd elections, was appointed to take special ¢ of the subject of organizing, and, in- cidentally thereto, matters concerning the election of senators in western states where the fight is now on. 1t Is Not Cholera, Surgeon General Wyman has received a report from Surgeon Williams, who has been sent to Little Rock, Ark., to investigate the discase in the conviet camp there. After describing the filthy _condition of the camp and its surroundings Dr. Williams gives it as his opinion that the deaths there were due cither to poison or contaminated water com- bined with filth and overcrowding, probably the latter, The bill, however this g MARTENA IMPEOVI) Her Fever Subsiding ~The White House Still Quarantined, , D.C., Jan. 5.—Tattle Martena Harrison continues to improge, but the white house is still quarantined and the big placards containing the information tha contagion exists within are displayed on the entrances to the vrivate partof the mansion. When the quarantine against the white house has been removed it is probable that President Harvison will take a few days recreation in duck shooting. In view of the statement published that President Harrison's health was failing and that he was likely to break down before his term of office closed, Postmaster neral Wanamaker was questioned as to the facts. He said: “The president is in perfect health and has not in the four years been away from his desk a single day from personal sickness, He has for months been out in the wilderness of suffering, and the shadow of it lingers for a long time upon a nature that feels as deeply s his.” e It Wus an Exaggerated Report. Sr. Lovis, Mo, Jan. 5.—~The rumor has been circulating to the effect WASHINGTO! which that Gen | eral Superintendent Dickinson of the Mis- sourl Pacific, was dying from a stroke of paralysis is untrue. Mer. Dickinson did have a slight stroke two weeks ago, but he is so far recovered thut it is thought' he will re- sume his duties tomorrow or next day. entirely | nsumed in | And then, as | | state Lanca | in this ca WHERE BOYD COUNTY VOTES Ohief Justioe Maxwell's Dissenting Opinion in the Contested Election Oase. PROPERLY ATTACHED TO HOLT COUNTY | Factsin the Matter Carefally Reviewed and Reasons for Denying the Writ of Man- damus Plainly Set Forth by the Chief Justice. Below will be found the full text of Chief Justice Maxwell of the supreme court's dis senting opinion in thecase of the state ex rel. Chester Norton agaifst Charles Van Camp, clerk of Knox county, and odhers. This was the case in which a writ of mandamus was sought, to compel the cancellation of a certificate of electlon issued to Samuel G. Kruse and the issuance of a new certificate to_Norton the relator. In dissenting, Judgo Waxwell said 1 am unable toassent to the judgment of the majority of the court, and 1 will as briefly _as possible state the reasons for fail 0 do 80, The proof shows boyond ques tion that Boyd county has in fact been at- tached to Holt county from 1853 to 1880; that two years ago one of the representatives from the district comprising what is now Holt and Boyd countics was a resident of Turtle Creek precinet in what is now Boyd county: that a supervisor from that precinet sat with the board of supe of Holt county and the latter county levied taxes in that county which were collected and paid These things were a matter of record which scom to . have been kept in Holt county. This state of affairs continued until - Boyd county was organized two years There is no proof to the con- trary on this point so that it is established beyond a doubt. But it is claimed that this territory was not lawfully attached to Holt county and therefore the proceedings in that regard are void, The testimony shows t in 1883 an clection was held in Holt county to attach this territos to Holt; that at the election jority of tho votescast upon that proposition was in fayor of attaching named to Holt, but that il the votes cast at that election not in_favor of the proposition. \o county board, however, declared the propo- sition car and thereafter exercised jurisdiction over that territory. It thus was in fact attached to Holt county, and becanie to that extent organized territory and was not within the provision of the statute as to unorganized territory Voted in Holt Count As amatter of fact the tervitory of what isuow Boyd county has been attached to Holt for election purposes and not to Knox to the present time. Itis true there is some proof tending to show that in 1800 sowe fifty or sixty persous came from w is mow Boyd county into Knox county and voted Some or all of othese were challenged nd swore in their votes, Tho proof 50 tends to show that there was an excit- ing county division election which involyed at least one county seat and presumably that the votes were received judges and clerks on that account. e voters are shown to have come from a portion of the erritory between the Missouri and the Niobrara rivers, near to the town of Nio- brara, So far as appears these votes wers illegally cast, and instead of being an argu- ment in favor of the relator are against him, because if the territory in question had i fact been attached to Kuox the elector: thereof, no doubt, would have applied to the county board of Knox county to create one or more preciucts in such ‘territory and appoint election boards. This was done by Holt county, and the proof shows was not done by Knox county. - To illustrate, in the early history of this ster county was attached to Cass county for election, judicial and revenue pur- poscs, but the people of Lancaster county did not go into Cass county to vote, but slection precinets were organized in Lan- caster county where the electors voted and clected their own precinct ofticers, The votes, when east, were returned to Platts- mouth and canvassed there, and the records were kept there and taxes lovied by the authorities of that count, In 1862 a mem- ber of the legislature in Lancaster county, with three in Cass, was nowinated by the electors of Cass and Lancaster counties and electes Later Saunders coun tached to county for like purposes. Precincts were created in Saunders county by the proper county authorities of Cass county, aud the electors of Saunders county voted in their own county and clected their own precinct aficers. In 15865 the electors of Cass and Saunders counties elected member of the legi: s county and three from Cass. Taxes wer levied and collected by the proper authori ties of Cass county, and the records were kept at Plattsmouth. Folloved the Precedent, Now this is just what was done by Hoit county. Will any one contend that the voting of = fifty or sixty persons are claimed = to be residents of Boyd county inan exciting county division and county seat election establishes the right to count the votes of Boyd county for the relator in this case? The truth is, it apparent, that the casting of these votes waus a -fraud upon those voters of Knox county who were opposed to a division of the county, as the testimony shows that all but thirty-five votes wi 0 favor of such division. There is danger.of committing a like wrong upon all the electors of Knox county by counting the votes of Boyd county 8 As a matter of fact, therefore, Knox county has never cxercised or at: tempted o exercise_jurisdiction over the territory comprising Boyd county. If it i said the law applies to all unorganized ter tory, the answer js: This was not unor- ganized territory, because it .was attached to Holt county for election, judicial and r enue purposes, and_ the law applies only to territory not otherwise assigued, so that_all may be protected and represented. The language of the statute is All counties which havo not in the manner provided by 1a ganized territory in the ' shall be tuched to the nearest county Ly east for election, judicial and revenue pses; provided, thiuy Soux county shall be ached 1o Cheyenne county for all” the pur- oses provided for in this section: provided, urthier, that if no county lies directly east of such unorganized “territory or county, then ‘such ‘unorganized territory or county shall be attached to the county directly south, or if there ) county, then to the county directly north, then to the county airectly wost of such unorganized territory or county. Soc. 147. The county authorities to which any unorganized couiity or territory is at- tached shull exereise control Lund their Jurisdiction shall extend to such uhorganized couuty or territory the same asif it were o part of their own county. Bec. 148, 1f two or more tes, or - portions ly vast of any uno county then® the portions of territory such unorgunized county which either north ¢ south of & line runni; directly west and in continuation fof t bounairy line between such organized Sountles shull be attached to the {zed county directly east of such territory, for wll purposcs of this subdivision. (Sees. 148, 147 and 145, chapter xvill, compiled statutes,) Properly Belonged to Holt. Suppose, therefore, that the territory in question was unorganized, it is to be ate tached 10 the nearest organized county rectly east. If there is no organized county directly east, then it is to be attached to tho nearest organized county di tly south, Webster defines the word “directly” , in 4 direct manner; in straight line or course; without curving,' swerving or deviation, Directly east, therefore, means in a direcy county visors been organiz Or ANy un unorganized coun- T ine on the samo paraila) past of Boyd county An examination of a good map will show that Boyd county is' Horthwest of Knox county; that the northwest corner of Knox county Jjoins the southeast rner of Boyd county, the points of Coitact extending but about soven miles: andthat only a triangular point of Boyd county. extenasas far south as Knox; that Boyd qounty extends north to the forty-third paralldT, Wwhile Knox county at no point reaches within ten miles of that degreo of latitude; that nearly all of Boyd county is north of the degree of latitude that passes along the north line of Knox county. It is very eviflent, therefore, that Knox county is not dipectly cast of Boyd county, but it is southeast, while Holt county is directly soufh of Boyd county, and the latter county is and was properly at tached to that connty for election purposes 1t s very clear to my mind that the author- ities of Knox_never had any right to inte fere in the aftairs of Boyd county, and they seem to have recognized the fact by not do- ing so. Not a Lawful Conventio But suppose that Knox county had juris diction over the territory in question, still the relator is not entitled to the writ. The certificate of nomination shows that the con vention was held at Creighton; that a resi dent of Knox county was elected president of the convention and another resident of that county sec There is no proof that a call for a convention of this kind was made by any one, or that the republicans of Boyd county were invited or even notified to attend. A’ convention to be lawful must represent the whole distri Otherwise it would be possible to pack a convention in the interest of particular individuals doubt the convention in this case was a faiv convention of Knox county, bug it should ap: pear from the proof thal Boyd county was vited to participate therein, Otherwise it cannot be called o distric convention This is particularly true under the Austra lian ballot law of this state. It is conceded that 110 votes were ever before cast in_that disgrict as a district forrepresentative. How, | then. could it be said that the republican party of the district had at the preceding election cast 1 per cent of the votes? statement is a mistake, and tho only way a person could be nominated in the district, even if one existed, was by petition. In ad- dition to this the sample ballots do not ¢ tain the name of the relator. 1t is true the name of the relator is written on both the sample and ofticial ballots, but this does not comply with the law. That requires the name o be printed in both Kruse's Name Not On the Ballot. The proof also shows that certain friends of the defendant after the mandamus pro- ceedings civeulated o petition as he claims, without his knowle to nominate him_in Boyd county for the office in_question; that the petition was signed by fifty-three names, but tho clerk of Boyd county did not insert the defendant’s nume in_either the sample or ofticiul ballots, Whether this was donc with or without his knowledge does not in any manuer affect the case as if there was no'legal district the casting of votes could not make it legal It also appears that viously refused to insert on the sample and oficial ballots and that the district court compelled him to insert the same, which he did by writing in th relator's name without any designation of the oftice for which he was a candidate. The clerk evidently did not regard Boyd county gea part of the district and seems to have refused on that ground. The defendant was not a party to the mandamus proceedings und we have no means of knowin facts were before the district court, but : the defendant’s name was entirely omitted from the ballots and the relator's written thercin, it is evident to me that there was not a legal ballot cast in Boyd county for the relator, the clerk had pre- the relator's name Not Free from Doubt, In a mandamus procvedings of that kind there is but little doubt that all the candi- dates for the particular ofilce in dispute are proper partics defendant’ in order that they may protect their rights. The question would then be contested and cases deter- mined on their merits. An ex parte ovder is granted almost as a matter of course, and is entitled in a case like that at bar to but little consideration. The uniform rule adhered to by this court from th first bas been to deny awrit of mandamus unless the right is clear. Tt must be free from doubt. Now, will any one say, in view of all the facts, that the relator’s ht to the seat is free from doubt? I think not. It is not a question of the success of one party or another. There is a principle underlying all questions of this kind that the will of the people pressed through the ballot ox shall govern This coust from the first has compelled the counting of votes cast in pursuance of law in any legal subdivision of the state trouble with this case is, there wi sentative district created either in fact or in law in which any votes were cast in Boyd county for the relator. There is no pretense that ‘the recordsof the territory of Boyd county were kept in Knox county’; that an taxes were ever levied there or any jurisd: tion of any mu or kind ever exercised or attempted to be exercised by the authorities of Knox county. All these things were done by Holt county under a colorable annexation of that county to Holt. Nover Before Disputed. For seven years the jurisdiction of Holt county was undisputed. The legislature itself in 1890 permitted a member to retuin his seat who was a resident of Boyd county and who was elected by the joint votes of Holt and the territory of Boyd county, and that is the district to which Boyd county belongs. Here annexation in fact under the forms of law. 1 believe the election in Holt county in 1883 for the ann ion of Boyd county was held in pursuance of law, and if it w terial it could readily be so demonstrated, /view it is not in this case ma No one will contend that a change tion district, made in purs of authority and an elec held ated as void 1860 a large part of Dodge county was added to Washington county, and Fontanclle, the county seat, ab- sorbed by that county. Now, suppose that ndidate for the legislature in Dodge county in 1861 had ignored the change, and been a candi from the county of Dodge as it formerly existed. And suppose inelud- ing the old territory of Dodge he had the highest number of votes, would he thereby have been entitled to a Seat in the legisl- ture as against his competitor? And would this court by mandamus have compelled the clerk of so county to have is- sued a certificate of such election? I think not, because the court in a collateral proceeding after election in a contest between opposing candidates will not pass upon the validity of the act creat- ing the several districts, provided that th have been created under color of the law. First of the Kind and Unwarranted. This, 8o far as I know, is the first attempt of the kind in this state, . The sole ground on which the refator claims a right to a cortificate is that Boyd county is directly but it isvery clear that the d county is not directly west nd was in fact annexed to another county and cannot be placed in the same district with Knox without doing violence to both, the letter and the spirit of the law. As well have joined Cedar county to Kuox and ask this court to compel the counting ofi'the votes cast for a party in Cedar county du the alleged district composed of Cedar and Knox, as in this case, The houseof represcntatives is the only proper tribunal to examine into all the facts in the case and determine the question and this court is not, in my opinion, warranted in interferring in behalf of the relator, but may safely trust the case o a co-ordinate de- partment of the state goyernment 1 emphatically protest against the findings and judgment in this“ease, as in my view they are unwarranted by either the plead- ings or proof and are calculated to forestall the action of the house of representatives. 1 think the writ should be denied, terial. inan e rent jon In No | | Linooln Oity Councilmen Hold an Intersst- ing Morning Session. A. D, KITCHEN FILES A VIGOROUS PROTEST Assessment of Street Car Property for Pa ing Purposes Alleged to Bo Too Low- will ce the Com. pany to Terms. LixcoLy, Neb, Jan, 5.—[Special to | Bre)—There wasa brief but breezy so: of the city council this morning object of the of Equalization on the paving of South Sev entoenth and to gainst the property owners. 20 was caused the filing of a v vhat incoherent pro D, Kitchen. He based his pro the grounds that the city has sold 00 worth of bonds more than the paving cost ; that #15 of dirt has not ted for, and that the assessment against the Lincoln Street Railway company was inequitable, for the reason that it called upon them to pay for only the cost of paving botween the tracks, whe they should pay for one foot on each side. ileretofore it has L customary to asses the street car peoplo for the paving between the rails, but Mr. Kitchen pulled the stat utes on the council, and showed that this special concession expired January 1, 1801 An adjournment was taken until this after. noon, when the matter was thor vigorously discussed, but no rived at The Burlington ways, who to build a vided The special street assess the various The amounts bre ously worded test from A test on nearly by ) it s worth been accon and Union Pacific rail- are very anxious just at present vinduct over West O street, pro- that street from Sixth to First be abandoned, were represented by attorneys, whoare endeavoring to rush - the ordinance through. The city has been attempting for two years to secure the erection of the via- duct, and as the mayor is at a loss to under- stand their sudden haste, he refused final consideration until he could investigate. From the Courts, County Judge Long is anxious to technical knowledge of the art of rain at will, and today issued an_order to Dr. Swisher, who is suing J. H. McMurtry for the value of a rain he alleges to have brought, to bring his apparatus into court tomorrow morning, when the trial comes off McMurtry's defense is that the doctor didn't bring the rain, and demands proof. Laura B. Hindman asks fora divor her husband, Abraham L. Hindman dent of Council Bluffs. Violation marriage on and are the gr cquire a making from resi of the non-support sues D, S, Vanvalkenburg for £1,000 damages, which she claims to have sustained by reason of his failure to complete atrade of Minden prop- erty for Lincoln realty. The troubles betwe nden n J.F. Lansing and Henry Oliver, propricters of the Lausing theater, received a fresh_ stireinz up today, when Lansing filed a voluminous answer to petition of Oliver, in which he asked for counting and balance of §50,000. . who is a brother-in-law of Lansing, | cliimed that the latter had violated the trust reposed in him, and had unloaded Lan- smg's 0wn property on him at high prices. 1sing denies edch statement seriatim, i alleges the fact to be that Oliver owes him $12,7(0 on their joint account. State Women's Christian Association, The annual meeting of the State Women's Christian association is being held today, with about 100 ladies in attendance. The 4 >s Mosdames P, Elliott, Cadet Taylor and George Tilden, and_Misses Emma_Lvans, Nellie Lanagan and Ella Bracken. Reports of a very satisfactory nature were made by the executive committee and minor subcom- mittees. In the past year 1,500 women and children have been helped and cared for by the home, 190 furnished positions by 1o - ployment bureau, and the society its s membership at present of 374 memb \ increase of twenty-five over last yea auditor’s report showed receipts of $4, with expenditures of $1,872.12. (u in Brief. James Cashman was arrested this morning on a telegram from the sheril of Jefferson county, where he is wanted for jumping a bail bond. The original charge was selling mortgaged property. Frank Hart wis bound over to district court today for robbing his roommate of $456 and blowing the proceeds for painted liquor, Hart's conviction was brought_about in 4 curious many Among the effects found on him when arrested was a Canadian penny, which the man he robbed identitied he had carried as a pocketpiece for years. The Plattsdeutcher verein celebrated its cond anniversary by a grand ball and sup- | L. Perine, M. A, Soap People have no idea how crude and cruael soap can be. It takes off dirt. So far, so good; but what else does it do? It cuts the skin and frets the under-skin ; makes red- ness and roughness and leads to worse. Not soap, but the alkali in it. Pears’ Soap has no free, alkali in it. It neither red- dens nor roughens the skin. It responds to water in- stantly; washes and rinses off in a twinkling; is as gentle as strong; and the after-effect is every way good. All sorts of stores sell it, especially druggists; all sorts of people use it, JAPANESE p | §.99) > CURE A newand complete treatment, consisting of Sup- pojitorien, Otutmoot in Capsul lls. A positive cure for Extern or Bleeding, [tehing, € Plioa. " This remody b 1 per box, 6 for § this torrible disesso whon & writts positively given with 6 boxes or rof Inoteared’ Send stawyp for fros plee lssaed by Kabha & Co., dra ggl Fner A5th . 0 )44 141 siresty ¢ L, Inter, Reoont or Hereditary Why suffer from Highest of all in Leavening Power.— Latest U. S, Gov't Report, Rl Baking Powder ABSOLUTELY PURB &> 10U E1ES ARE TROUBLING YOU! Well,come and have them examined by our opticiay Tee Of charge fitted with u pair of our " PEIKEC 3 or YK (LAS Bl—the best ia the world nvod ginsses we will toll you 80 4nd & 1vise you what 0o, GOLD EPECTACLES or EYE GLASSES FUOM $i9)° L Plalu, smoke, i or white glasses, f0r protecting the eyes, 'Trom B pair up. Max Meyer & Bro. Co Jewelers and Opticians, Faruaw and Fiftecnt Street gathering was to sit as a Board | of the direc | take this v ughly and | onclusion ar- per last evéning. (Juests from Omaha, Platts- mouth and Grand Il Fred Beckman su a8 county commissioner today, and W. H Woodward stepped into 150 county attorney ship by roason of oxpiration of the term of N, 7. Snell Charles Brown was brutally kicking Rosa arrested today for Tobaugh. The girl is a waiter in Brown's restaurant and because she told Mrs. Brown when he made an in sulting proposal he threw her out of the door. - WILL BE DISCIPLINED, Action WIll Bo Taken by the Chleago Board of Trade Agninst Edwin Pardridge. Cuioaco, 111, Jan. 5—A decision was rendered today in the suitof the noted trador, Bdwin Pardridge, against the Board of Trade toprevent it from expeiling him for dealing in puts and calls. Tho decision favors the board 1t is the intention of the Board of Trade to try the “plunger,” and Judge Collins in a decision rendered today pointed out that after such trial he a bill for an_injunction, but thata bill now was premature. Pardridge claimed that he could not get an impartial trial at the hands but the court refused to w of the case. Pardridge in conversation said that he would make no the matter and if adjudged his medicine, directors of the this afternoon further fight in vilty would take - Strikers Boing Tried for Rioting, Prrrsstia, Pa., Jan, 5. Thirteen member of the Amalgamated association were placed on trial in the criminal court with riot during the sympathy strike at o's Duquesne plant last August. he men quit work on August 8 for the pur. pose of aiding the Homestead strikers. That night o meeting was held and the men were organized into companies and guards woere placed to provent nonunion men from work- ing. There was a riot nextday and one man was badly beaten - Attempted to Kill Bunk Wre Repwoon Faves, Minn, Jan, b.—Excite- ment runs high at Fairfax over the Bank of Fairfax failure. The assignee has not made his statement, but the liabilities are very large and _the assets small. Messrs, Gray and Beard are confined in the village lockup in charge of Renville county officers. An at- tempt has been m to blow up the lockup with dynamite, but the fuse went out before reaching the explosive. Assignec Bowes is having dificulty in securing the ,000 bonds demanded. today charged ra. ENJO Both the method and results when Byrup of Figs is taken; it is pleasant and refreshing to the taste, and acts ient]y yet promptly on the Kidneys, iver and Bowels, cleanses the sys- tem effectually, dispels colds, head- aches and fevers and cures habitual constipation. Byrup of Figs is the only remedy of its kind ever pro- duced, plesing to the tasto and ac- ceptable to the stomach, prompt in its action and truly beneficial in its effects, prepared only from the most healthy and agreeable substances, its many excellent qualities commend it to all and have made it the most pogulnr remedy known. yrup of Figs is for sale in 50c and $1 bottles by all leading drug- gists. Any reliable druggist who may not have it on hand will pro- cure it promptly for any one who wishes to try 1.~ Do not accept any substitute. CALiFORNIA FIG SYRUP CO. SAN FRANCISCO, CAL, LOUISVILLE, KY. NEW YORK, N.¥. Consult A Successful Specialist IF YOU ARE SICK. Learn all About Yourself. Chronioc, Private, Nervous and Surgical Diseases CURED, Lost Manhood, Femalo Weaknesses, Etc,, CURED. CONSULTATION FREE. G. W. WILLIAMSON, M.D. Rooms#, 814, 0, 044, 116-118 £, 15th Strect. Omaha. —TH Ladies' Pe rfect SYRINGE, The only perfect vagini and rectal ¥yriage in the world 1t s the only Syringe ev: er Inventod by which nal injections can be ministered without leal oK \ling the eloth- ing or us6 of & yewsol, and_whic €an 0180 be uswd for rectal injections or irrigation. EOFT RUBBER BULB AND HARD RUBBER BITKLL, Price $3.00. TheAloo & Peniold Co., 15th Stroot, NEXT TO POSTORFICK hysiciany Accuratoly prepured low prices. ~Makes Bad Blood—Poor Health—Misery Says the Very Foundation of Life, Specific Oxygen destroys the Catarrh gerus in the head, makes the blood brignt and Pure—give zest Lo the vital forcos—in brief, makes you now agatn, = Colds, Goukhs, liron: chitls, Headache yleld asif by magic, ““Oxygen Book’ and 4 Trys Frec. SPECIFIC OXYGEN CO. Suite 6510 Sheely Bldg, Omaha, NERVOUSPISOROERS EVILS, WEAKNESSES, DEBILITY, ET0, compuiy thewm ln men QUICKLY ani PEKMA- NENTLY CURKED. 11 BTRENGTI and tons given (6 overy partof the body. 1 will sond (se curoly yoaed) FREE Lo aay sutacer ‘thy prescrlp: 1101 that cured me of thoso troublos Addross, L A BEADLEY BATILE CHERK, BICL that a0 ures Others Will cure You, is a true statement of the action of AYER'S Sarsaparilla, when taken for diseases originating in impure blood ; but, while this assertion is true of AYER'S Sarsaparilla, as thonsands can attest, it cannot be truthtully applied to otlier preparations, which vn; rincipled dealors will recommend, and try to ime pose upon you, as “just as good as Ayer's” Tako Ayer's Sarsaparilla and may filo | Ayer’s only, if you need a blood-purifiet and would be benefited permavently. This medicine, for nearly fifty year has enjoyed a reputation, and made & record for cures, that has never been equaled by other preparations. AYER'S Sarsaparilla eradicates the taint of he reditary scrofula and other blood dise onses from the system, and it has, deser- vedly, the confidence of the people, AYER’ Sarsaparilla “I cannot forbear to express my joy at the relief 1 have obtained from the use of AYER'S Sarsaparilla. 1 was afflicted with kidney troubles for about six months, suffering greatly with pains in the small of my back. In addition to this, my body was covered with pimply eruptions. Tho remedies prescribed failed to help me. I then began to take AYER'S Sarsaparilla, and, in a short time, the paina ceased and the pimples disappeared. T advise every youngman or woman, in case of sickness result- ing from impure blood, no matter how long standing the case may be, to take AYER arsaparilla.—H, L, Jarmann, 33 William st., New York City. Will Cure You Preparcd by Dr. J. C. Ayer & Co., Lowell, Mass BOYD'S it Friday and Saturday, Jan. 6 and 7. MATINEE SATURDAY. The Soclety Event of the Theatrioal Season. Speclal Engagemont of MAPELINE MERLI. (Amerlean Tour.) The Young Emotional Actrass fn the ing Reportoire: Friday Eve. and Snmrd'ay Matinee, b el FROU - FROU. As presented for over 50 nights in tho Thea= ter Francaiso, Paris. Saturday Evening, CAMILILE. Sale of seats opens at 0 o'clock Thursday morning at usual prices. FARNAM St. THERTER, "FHit" Follow= MASTER | A Brinttnns and o the Iron Mills in Full Blast n| 5Q MW B[]Yn STIIIi.\T[iR. Sun. Eve, Jan. § and Mon. and Tues. Special lfn.w"n-uu'nu‘v‘l.‘n:ln;] ost Brilliant JAMES T. POWERS And the best Farcienl Comedy Company fm Awmerlea, in A M=ad Bargain. ly and Mitchell's Throe Aet Hoarinz arce, the most absolute Comody Success of the year, together with Leona Forrest. The most Unique, during and superbly clever danceron the Amer n stage—Speciul scens ery— borate Effects, The sale will open Saturday morning at 9 o'cloclk at the usuul pri Like Rome, all Roadslead to the House of Buccess', Boginning with SUNDAY MATINEE, JANUARY 8. WM. A. BRADY'S ALL A sndars T AFT WEEK] %] AFTER DARK See the River of Raal Water. nesday and Saturday iw.;xnn,m,\my ND BIJOU THEATRE ALL THIS WEEK, BURTONSTANLEY COMEDY 00, IN A BUNCH OF JAYS. Le Petit Froddle, the Marvelous Child, AN HOUR OF SPECIALTIES. Oniy b vents, POPUIAT Prices. JYaiNEYonte Y. M. C. A. HALL, Friday Evening, Jan. 6. MOCKRIDGE *caxbity OPERA 1n s Very Sclect Pro- BALLAD Kram, d ronts Toc wnd 81 On sale at Chinse & L The Mercer. Omaha’s Newest Hotel COR. 12TH AND HOWARD ST3, 40 Rooms at 82,60 per day. 0 1toomy at §3.00 per day. 80 Reoms with Bath at §.0) por day. 0 Rooms with Bath at $3.) to $4.5) per dsy. OPENED AUGUST L33 TO- Success. Mat. Saturday. MeN I Usual Wed- Matine s t: Modern in Every Kes owly Furnished Thronghout. C. 8. ERB. Prop. 'STRENGTH, VITALITY, MANHOOD 3 M. ., No, 4 Bulfiuch st., chict consulling physician of the PEABODY NEDICAL INSTITUTE, (0 whom was awarded the GoLD MEDAL by th MEDICAL ASS0CIATION for the Echauated Vitality, Atrophy, Nerrous wnd Physical Dettlity, and wll Diseases wud Weakness of Ma tho young, the middie-aged and old. Prospeetus, with testimouials, FIt Large book, BOIENCE OF LIFE, OR fELF- FPLESERVATION, 500 pp scriptions, {ull gilt, obly §14 PATENT BUREAU. BUES & €O, Solicitors, Bee Building, Omaha, Neb 4 yoars Examiners U. 8. Pat. Ofice. Advice free PENSIONS! GCLAIMS!