Omaha Daily Bee Newspaper, February 26, 1893, Page 2

e s s iy pired, as they say that it is impossible to in- troduce a bill at any time during the session. Their pian is to amend & bill already introduced by striking out all after | the enacting clause, and substituting any- | thing else that they please, and then by amending the title they will have an entirely new bill. with nothing but the number and place of the old one. They claim that this course can be followed at any time with a | bill that is tain to otherwise be in- definitely postponed Euelid Martin, W. D. McHugn, and several other Omahans were in the city today in the interest of Mortonism. Martin's mission was to hold a conference with the eleven *Allen democrats in the legislature and see 1f arguments could not be made to deliver them into the Morton camp. Building & NeWw Dynasty. As stated some time ago a new dynasty is ‘being built up under the leadershipof Casper, and Martin's visit was for the purpose of seelng if this faction conld not be placated. and added to the Morton forces, The Casper crowd propose to gobble an office or two, and it is stated that Casper himself is aspiring to the postofice at David City. The new secretary of agriculture wants to bring them into his fold that they n seek for what they want through him, rather than through the poputist senator who was elected by their votes, Governor Crounse will have another in stallment of appointments ready for submis sion to the senate early next week, and it is stated that Dr. Martin Clark of the Sutton | Advertiser is slated for the superintendency of the Asylum for the Incurable Insane at Hastings. Another interesting development that is expected within the next few days is the re port of the special committee that has been investigating the condition of affairs in con- nection with the penitentiary contract and new call house. It is whicpered that the | committee has been hewing to the line, re- gardless of where the chips tumbled, and that thero will be weeping and gnashing of teeth in the immediate vicinity of the Board of Public Lands and Buildings when the re- port is submitted. It is stated that, irregu- larities have been discovered that cannot be explained away, and that no guilty party will be spared. Resolution Introduced Ordering an Investi- gation of the Lincoln Asylum, LaxcoLx, Neb., Feb, 25, —(Special to T Ber.]—This was the forticth day of the ses- sion, 8o far as the house was concerned, and members who had bills still on tap availed themselves of the last opportunity to intro- duce them. The result was a larger number of bills on first reading than on any day since that feature became a part of the reg- ular order of business. The standing committces reported on a number of bills and a number of resolutions were introduced. Among them was the fol- lowing by Felton ~ Whereas, Section 24 of articlo v of the state provis that the state officers not recelve for their own use any fees, sts, Interest upon pablie moneys in their hands or under their control, perquisites of o or other compensation; and Section 21 of chapter x. of the complled statutes provides that any such offi- cor shall be responsible upon his official bond for any funds belonging to the state which may come 1nto his possession; and ‘Whereas, 1t Is currently reported that the varlous state treasurers of this state have at various times received from varlous banks, corporations, firms and individuals sums of monoy as interssts fees and compensation for the loan or doposit of state funds and mono with them, which said inferest feos and con pensation have not been accounted to and Paid over to the state; therefore be it Resolved, That the attorney general be ro- quested to _at once con e proceedings against and upon the bonds of the various state troasurers who have held offico within the perlod of the statute of limitations to re- cover of them whutever sum of money the shall or may have received from any and afl sources whittovor as intorest foes and compen- sation for the loan or deposit of state funds and which they have notaaccounted to and pald over to the state. Tho polut was raised that tho attorney general couid not institute legal proceedings on rumors, and the resolution was laid on the table. For Free Transportation. Cooley introduced a free pass resolution which read as follows: Whereas, This state and the United States in Dehalf of the people and for their especial ben- efit have granted great and special corporate and financial privileges to railroad corporn- tions operating their railroads within the state; and Whereas, All state, executive, judicial and legislative officers and their assistants have freauent ana urgent necessities for rapid transportation over sald railroads that they may the more faithfully perform the several offictal duties imposed upon them as such offi- cers, deputies and employes, to this end; therofore be it Resolyed, the senate concurring, That all sald raliroad corporations, through their offi- cers and employes so operating said rallronds Yithin tis stuto, bo and aro horoby required 10 furnish to all said offic putles and em- ployes, cards, tickets or 5 of free trans- portation over any of the railroads of this state upon domand; Md that every refusal to 50 do shall be considered and is hereby made a misdemeanor punishable by a fine of not less than 850 nor more than §100 and cost of the prosecution, one-hulf of the fine to go to the complainant. And this act may be enforced I any courtof compotent urlsdiction fn the state. The resolution was held to be out of order, and was not considered. Wil Make Inquiry. , Rhodes then tried his hand in the re- solving line, and submitted a lengthy resolu- tion, in which was incorporated a copy of the editorial in Tue Bee of this morning relative to the case of alleged unjust deten- tion atthe Lincoln Hospital for the Insane. “The resolution called for the appointment of a committee of five to investigate the case, and empowering it to send for the necessary persons and papers to cover the ground very carefully. A motion to lay the resolution on the table Qid not prevail, and it was then adopted, Chairman Scott of the committee on pub- lic dands and buildings then preferred the Tollowing reques Your committeo ‘on public lands and build- Angs belleving 1L absolutely necessary before it canuct mntejligently that 1t should visit the asylum at' Hustings, respectfully request per- mission of this iouse to make sald visit at the earliest possible moment 1t usks this that it may be bettor informed as to the needs of said -asylum beforo house roll No, 301 Is considered. 1t was granted so readily that the chief clerk was moved to ask that his bookkeeper, ‘W. F. Wright, be promoted to fourth as- sistant clerk in recognition of the faithful manner in which hé had performed his duties. The desired promotion was made, and Mr. Wright was booked for a pretty in crease in pay. Rewick Got Left. Dickerson then saw fit to ask for some- thing nice for u friend, and sought to accom- Ymh it by asking the adoption of the fol- lowing joint resolution : Resolved, by the house of ropresentatives the senate concurring, That E. C.aRewick, osq is entitled and shall at least 10 pe cent of all moneys which he may re r to the state of Nebrasku from frauds practiced upo sald stato by persons in the employ of the stat at the Lincoln insane asylum or in other placo of trust when any company or person has re- gelved the funds of this stite under false pre- tense, by the use of fraudulent vouchers, or by any tllegal means. Woods saw nothing wrong with it, and moved its adoption, but Keckley amended with a motion to table, and to the table 1t went with a suddenness that nearly unbal- anced Mr. Dickerson's nerves On motion of Porter the use of the hall of representutives was given to Louis F. Post for the eveniug of March 1, 0n which occasion he desires to enlighten the people on the good points of the single tax theory. Roports on Bills, Among the bills on which reports were submitted were the folowing: No. 130, Ricketts' civil rights bill, which was recom- mended for a place on the general file. No. 273, Lockner's bill prohibiting any individual from holding more than one lucrative office at the samo time, was recommended for in- definite postponement. and the report was ©onocurved in. No. 28, Goss' bill offering a $10,000 bounty for the discovery and de- velopment of i coal mine with 4 three-foot vein in this stute, brought forth a majority and mivority report The majority report was adoj , and the bill was placed on the general filo. No. 15, Jensen's bill .Pm“& Ming movey for ke lucrease the geological and chemieal dopart- ent in order to Investigate mineral waters, and cement and gypsum bo stmilar subjects, was recommended definito postponment. No. 158, Amncs amending the election law, was recommended for passage ns amended. No. 13, Soderman's | hill, providing for the covering into the county treasury of all the fees of county | Judges, treasurers rics and shoriffs, in excess of £1,600; provided that in cc . with o population of 25,000 these officers shall have a salary of £2,000 and a specified | amount for clerk hire, was ptaced on the general file. No. 22, Van Housen's bill, pro viding for a supreme court commission. was wdefinitely postponed, notwithstanding t} sport_to the contrary. This was cone b cause Watson's bill, providing for practically | the same thing, had been previously acted upon favorably Last Call on Bills, Kruse sought to fix the time of adjourn. ment to Monday afternoon, but the idea was unpopular, and the following bills we then | read o first time and ordered to a second | reading By Suter—For the relief of the heirs Frederick Aechenbreune ased By Woods—To provide for the payment of hounties for the destruction of wild animals in the state of Nobraska. By Jensen—To prevent deception in the manufacture and sale of oleomargarine. By Irwin—To provide for the sale of drugs in a pure state, to pre nt the adulteration and misbranding thereof and their sale when ded or adulterated, providing for a commission and defining its duties chelp—To regulate option rooms tions in round lots of the Chicago | rade, speculative grades of grain pork are solicited, bought or sold, and | dealt in, and wherein the fluctuating prices | for such options on the Chicago Board of Trade and other places of like charaeter ure bulletinea By Soderman—A joint resolution to sub- mit'to the clectors of the state of Nebraska for their approval or rejection, o proposition tion 15 ofearticle v of the con- the state of Nebraska of 1875 e Veto Power." By Watson—Repealing a bill for an act to vrovide for a state inspector of oil, and dep- nd to define their duties and provide fees for the same and preseribe penalties for violations thereof and to repeal acts and parts of acts in conflict therewith. request)—To amend sec- of chapter xlvi of the consoldi- dated statutes u’ Nebraska. By Johnston—For the safe keeping of the : funds of the state of Nebraska, and repealing act of 1891, session laws, chapter 1, entitled an act to provide for the deposit- ing of state and county funds in banks, and 80 much of section 2096, consolidated stat- utes of Nebrask: ng to the amount of state and county " bonds, By Soderman—' damages on rts on public highways, en- , “Steam Engine on Public Highways " By Rhodes—To amend sections of the ses- sion laws of 1801, entitled, **An act to estab- lish a state board of health to regulate the | »of medicine in the state of Ne- | " and peal sections 1 to 11 in- of chapter 1v., of compiled statutes of ka, entitled, “An act to regulate the practice of medicine,”” approved March 8, 1851, and amended in 1883, and all other acts inconsistent herewith, and provide a penalty for the violation of this act and provide pun- ishment for malpractice By the Committee on Claims—Appropri- ating for the payment of miscellaneous in- debtedness owir state of Nebraska. The house then adjourned until 2 o'clock. Only a Fow Left. There was a dismal array of empty seats Speaker Gaftin called the house to av 2 o'clock this afternoon. But fifty- en members responded to their names roll was calle peaker announced the following com- “To serve on the committee author- by Howe's resolution Messrs. Higgins, Kessler and Gerde committee to investigate the charges y e MoryiNG Bek, Rhodes, Jensen, Johuson of Hall, Nelson. A large number of bills were introduced and read the first time, and the usual num- ber read the second time. Church Howe asked unanimous consent to have house roll No. 807 engrossed for third reading. 1t is the bill providing for a com- mission to revise the constitution, the commissicn to consist of three members, one from the three leading parties. Within ten days from their appointment they are to re- port back to the legislasure such amend- ments as are in their judgment aavisable. If the report of the commission is accepted the amendments so reported are to be sub- mitted to a vote of the people at the general election in 1894, Schelp was inclined to interpose an objec- tion. He thought to undertake what the bill provides woula be a little more than the legislature could handle at the present ses- sion. He did not insist upon his objection, however, and the bill was engrossed for thira reading. In Committee of the Whole. The house then resolved itself into the committee of the whole with Schelp in the chair. House roll No. 78 was taken up for brief discussion. It was offered by Horst and pro- vides that section 60 of title 4 of the code of civil procedure be amended so as to read as follows: Every other action must be brought In the county in which the defendant or some of the defendants reside, or may be summoned, pro- vided, however, that actions on promissory notes must be brought in the county where one or more initial makers of such promissory notes resides or may be summoned. The committee voted to recommend the bill for passage. House roll No. 1, by Church Howe, was recommended for passage. It provides for the submission to the voters of the state the following amendment to the constitution: Al funds belouging to the state for edu- cational purposes, the interest and income whereof only are to be used, shall be deemed trustful and held by the state and shall not be invested or loaned except on United States or state sccurities or registered county bonds or registered school district bonds of this state, ete.’ House roll No. 81, by Crane, providing that every order appointing a receiver shall re- quiré the applizant to give a bond conditional to pay all damages which the other parties to the sui y sustain, ete., was recom- mended for passage. House roll No. 153, by McK priating and setting aside certain lands in cemetery in the city of Lincoln as a burial place for deceased union soldiers, was also favorably recommended, Rolls Nos. 163 and 90 werc laid over on ac- count of the absence of the authors of the bills. Oakley's Rallrond Measure. House roll No. 131, by Oakley, was recom- mended for passage. It provides that it shall be unlawful for any railroad company doing business in Nebraska to act as agent for the miners of coal and to provide for the purchascrs or cousignees recoveriug from such railroad company any moneys so de- mandet, collected or received. An animated debate arose over the consid- eration of Rhodes’ bribery bill, No. 181. The bill_provides that in all cases where a bribe nas been offered or received the party that makes complaint first shall be exempt from punishment under the laws of the stato. The committee finally voted to recomumend that the bill do pass. Rolls No. 58, 195 and 55 were laid over owing to the absence of members interested in the bills. House roll No. 85, for the relief of George Mauer, was unanimously recommended for passage. The beneficiary was a member of company E of the First regiment of Ne- braska National guards, and is permanently invalid from exposure in the Pine Ridge campaign two years ago. He lives in Fre- mont. House roll No. 209, by Burns, was recom- mended for passage after lengthy debate. It is & bill to assist the agents of the Humane society in preventing cruelty to animals and confers upon such ugents the power to make arrests, The committee rose and its several re- ports were adopted. Sheridan Fally Exonerated. A spirited parlismentary struggle then arose over the report 1o the house of the ar- rest of a reporter for the State Journal by ». The reporter had been arrested for the reason that he re- the investigating commit fused to divulge the source of the informa- tiou that be used as the basis of the state- ment that Representative Sheridan lost something like £200 in a game of poker at the Lindell early an the present month. Cornish offered a resolution directiug the discharge from arrest of the offending re- porter. McKesson, chairman of the investigating commitiee, opposed the resolution, saywng that if the commi'teo con'd nos compel wit 08 1o anewer qiestions the whole in fration miht as woll bo dropped usly ond with considerable eloquence onposed the resolution. It was \ discovored that the chief clerk had r included the original resolution of. requiring the investigation heridan's poker hatits as a part of the records of the house. Learning this fact the committee announced that the reporter had been discharg Sheridan still insisted that tho results of the investigation be spread at large upon the records of the house. He claimed that his reputation haa Been blacker anl that | nothing but the widest publicity to his exon- eratio ally the who! o w ho adoption of & resolution Porter setting forth that it was the sense of the house that Mr, Sheridan_was_fully exonerated from the charges brought against him by the Journal, and asking that paper to straction of its statoments. The house then adjourned until Monday NOUTH DAKOTA'S PUBLIC LANDS, How th System of the state Will Be rrov ¥or. Prenre, 8. D, (Special to Tuw Bk, ) —During the month of April the com- ssioner of schools and public lands will soll about 50,000 acres of school lands. Com- missioner Ruth and Auditor Hipple will start out carly next month to visit the vari ous localities and in connection with the county superintendents appraise the They inquire into the value of the ing real estate and put a_value possible equal to the u that sum is hid the lunds Major Ruth declares his be praisement will be raised fully over that of last year. This will be £i00,000 for the school fund, The increase, he says, will be in the countie the northeastern part of the state. Des Grant, Day and their neighbors, while portion of South Dakota shows an The lands to be sold are as follows Minnehaha, ( Codington, Bonhomme, Lincoln, inson, Turner, Brook ings Moody, L sen, six sections, Day s Spinka nine, Clark eight, Kingsbury four, Hamlin ten, Deuel eight! The appraisement has not§ yet been made, but Major Ruth estimates 1t at an av- e of 815 per acre, or a total of $750,000 for the increase of the funds. Up to this year the fund amounts to #1,400,000 and that will bring 1t to more than 2,000,000, Details of the Work., April 1 the selling commission, corisisting of Messrs. Ruth, Bowman and Gibson, will t the various' counties and conduct the inishing the work by the 13th. When the balance will be done by the county auditors. The s crally made on time, the pur f one-fourth down and the interest in advance for one Ho rece contract of sale, which matures in five, ten or_fifteen years, ording to his payments. The interest is is invariably paid in ad- few who have not looked into this personally realize how much good this sale of school land brings to the state. In the first placegthe commis to raise as large & sum as possible, and the fore puts his appraisement high. His confi- dence aud the fact that he is pub) many thousand acres at these hi does more to create a boom in farm land this state and to attract settiers t other one thing, The advert spread brondcast and the sales are generally read. the appraisements from year to year also have the best sort of tendency to ‘make an increase all along the line of land values, Moreover the sale of these lands helps to a settlement of the_country and the break- ing up of the soil. Nearly ‘all the purchases are made by actual farmers and for imme diate use. The land is also brought under taxation and helps to bear the burdens of the county. 'his money is all loaned out as fast as re- atime there was difficulty m inducing the county officers through whose hands it goes to take hold of the matter. It required extra work without extra compen- sation and they naturally did not favor it. How it Helped Business. But when the people began to find that they could get money for 6 per cent they demanded the work of the officers and it was forthcoming. A year ago very little of the woney was loaned. Today it is all out and there are loud demands for. more. The ioans are made first on school and county bonds, then on real estate, to the amount of one-third of the value. The interest is paid in advance invariably. Loaning on this small valuation secures the fund in the best possible way—none but farmers financially sound can afford to take it. But on the other hand putting out solarge an amount at so low a rate tends to the immediate reduction of interest. 5 ‘There is now loaned out £1,400,000, and the interest realized amounted this year to $77,000. This was distributed to the differ- ent counties in proportion to the number of children in their schools. Next year there will be at least $125,000, and this sum will probably increase at the rate of fully £50.000 per year for many years. The state re- ceived from the government 3,000,000 acres, and none of this can be sold for less than $10 an acre. Consequently, when all is sold it will produce a fund of at least 30,000,000, and even at the present average rate of fully $45,000,000. A fast as the land in any locality passes the $10 point it is offered, and yet it will re- quire more than one generation probably to dispose of it all. With a fund of $45,000,000 drawing a revenue of $2,700,000 to be de- voted entirely to_the support of the public schools, South Dakota will, in the near future, have the most magnificently endowed educational system in the world. She will pay no more school taxes, and yet will have the best schools under the sun, It is interesting to note some of the prices paid for the scnool lands last year. Union county takes the palm with £6 paid per acre for one tract, while one section in Minnehaha brought #50. ILand also sold in Hutchin- son for $25, in Bon Homme for §20, in Girant for §18 and 1 Brown for $15. ————— Listemann Concert. The Bernard Listemann concert announced for March 9 at the Young Men's Christian association promises to be a musical feature of the present season. The company i com- posed of Listemann, the violin virtuoso: G. B. Ronconi, flutist; Tritz Giese, violin cellist Tritz Listemann, violinist i ques Benavente, viola and clarionet player, and J. M. Flockton, double bass p . The i vocal selections by Miss Naunie Hands, prlnm donna, and G. B. Ronconi, baritone. The eastern press has praised highly the company, collectively and individually, and there is little doubt that those who attend will enjoy o musi Kiiled b GaLvesToy, Tex., Feb, 25, Frank Gilbough shot and killed Miss Dora May Washam, then shot and killed himself. Gilbough was 26 years old and at one time emple . Santa Fe gener: of age The cause of the tragedy was the refusal of Miss Washan's parents to consent to their daughter's marrisge to bough, which caused the young man to become iusane from despondency. e e PERSONAL PARAGRAPAS, B. Rosenthal is expected home today from his extended business trip cast. L R. Andrews and family have removed into their new home, 3819 Charles street. Fred Loewe, shoe buyer for the Boston Store, has gone to Boston to consummate a great shoe deal. At the Mercer: E. W. Scott, Boston; A. S. Hogle, Chicago: M. Herr and wife, Denver; George W. Hager, San Francisco; W. Osborne, Des Moines ;Peter Christianson, Atlantic; Mrs. J. P. Meehan and Miss P, v, Oakland, Cal; W.P. Watson, Lin- V. Love, Fremout; H. H. Walluce, Tekamah; Frank Reynolds and daughter, Fiorence; E. L. Flor and wife, Valley; B. C. Rowley, Sioux City New Youg, Feb. 25.—[Special Telegram to Tus Bee.|]—Omaha: F. A Piwzpatrick, Plaza. Beatrice: F. A. Cowell. St. Denis. Cuicaco, 111, Feb. 25, —(Special Telegram to Tue Bee.|—Nebraska arrivals: Grand Pacific—Charles C A. K. Storm, Omaha; J. H Miss Hoswer, Liucoln. Great Northern—H. C. Moses and wife, A. Bigler and wife, Omuha. Welling- ton—Hanly A. Kemp and wife, Omaha. Palmer—J. C. Corvin, Ogaba, THE OMAHA DAILY BEE: SUNDAY. FEBRUARY 26, 1893—SIXTEEN PAGES. KANSAS' CECEBRATED CASE Vere— Decision of tho Sugmame Court Recognizing ths Republican House, £SSOCIATE JUS'U& ALLEN DISSENTS s Text of the Declsion ftendered by Chief Jus- . tlee Hortoa - Nojwaskn sdent Cited Effoct Upon Jadge Marth's Klect, ns United ’\"I’Hr! Senato Toreka, Kan., Feb. 9. —The supreme court | this morning, Chiof Justice Horton render ing tho decision, Justice Johnson concurring and Justice Allon, populist, dissenting, sus “tained the Douglas or republican house us the legal and constitutional house of repre- | sentatives of the Kansas legislature, and incidentally declared that the acts of the Dunsmore, or populist house, had no stand- ing in law. The opihion of the chief justice was given orally and occupied au hour and forty minutes in delivery. The decision was of the Gunn habeas corpus house caused James ( naed to testify in a contested eclection case. Gunn ignored the summons, claiming that the republican house was not the constitu tionally organized house of representatives. The republican house ordered its sergeant at-arms to arrest Gunn and take him before the bar of the house to receive punishment for contempt. Gunn at once instituted ha e corpus proceedings! in the supreme court. In its decision today the court denied the application for a writ, deciding that the republican house was legally and constitu- tionally organized, and that it had the right and power to enforce its mandates. Chief Justice Horton's Opinion. Chief Justice Horton in delivering the opinion started in by reviewing the well known fact connected with the organization of the rival houses and declared, that upon the allegations made the court had before it 4 matter to decide judicially. Ho said the evidence showed that the republican house was organized by sixty-four members hold- ing certificaves of election from the secretary of state; that the populis. house was organ- ized by fifty-elght members holding certif cates and twelve contesting members, and that three members took no part in the ganization of either house. The chief Justi then went intoa review of the manner in which legislative bodies are organized and cited McCray on election to show that the proper persons to ovganize a housy were those holding certificates, and in support of MeCray read \ges from Cushing's | Manual. The supreme court of Nebraska no longer ago than January 17 of this year, had taken that viewof the question. In support of this thifry, he declared, the scenes lately witnessgd in the Kansas capi- tol fully justified such a rule. . In the case now ;before the court, the chief iustice comtinued, no showing had been attempted thatthere was fraud or bad faith on the part of the state board of can- vassers. There Had, been presented a “re vised journal” of thg Dunsmore house, evi dently carefully prepured, and that journ: day after day seeméd to recognize that on members holding cortificates had authority to elect. For several days it set forth that fifty-eight members yesponded to roll call and others were conmnjed in as present, but not voting in order, to make a quorum; the other members of the house were charac terized as contestagts. . This record w. kept up until the Tontestants were formally taken in by a vote'of 1the house. Then the Journal showed that the Dunsmore house ac- cepted the precedents laid down in the book as correct. Tom Reod's Rules, Much had been said about the Ree. federal house, the court went on, in support of the practice of counting in members, but tho Reed house had a rule, formally adopted, upon which to base the speaker's ruling. The Dunsmore house has adopted no such rule. More than five persons who were counted in by the Dunsmore house had never recognized it as suchy but were carrying on a house of their owh. 'Speaker Reed never counted in any persons who had not recog- nized him as speaker. Now there could be no question that the Douglass house was organ- ized by the votes of sixty-four members who s claimed, the justice went on, that some irregularities in the organ- \o Douglass house because it did not receive the roll ¢f membership from the ary of state’s failure to a roll could not prevent an organization. 1t was urged, Mr, Horton declared, that the court could not Interfere in the contro- versy between the rival bodies, but the su- preme court could not pass by a question be- cause it was an unpleasant one. It had no more right to decline the exercise of a juris- diction than to assume a jurisdiction that was not given to it. It was claimed that the Douglass house was destroyed when the senate and governor recognized the Dunsmore house. If that was the law the governor and senate two years ago might have destroyed the populist house and created a republican house. And two years hence, and so on through future his- tory, other legislative bodies might be over- turned to accomplish partisan ends, If the Douglass house had voluntarily dissolved when the governor and senate recognized the rival body the question of de facto goy- ernment would have been a strong force in the case, but it did not dissolve, and it was still in existence, In the course of his opinion the chief Jjustice incidentally endorsed the action of Judge Hazen of the district court in making permanent_the injunction against State Treasurer Biddle restraining him from mak- ing payments out of the state treasury upon the authority of appropriation bills passed by the populist house. In conclusion the ecourt pronounced a forn.al decision on the habeas corpus case and announced that Justice Johnston con- curred fully in the court’s opinion. Justice Allen Dissents, Mr. Justice Allen delivered a dissenting opinion, holding that the supreme court had no jurisdiction of the case and that populist house had been recognized by the governor and senate # was a de facto organi- zation and its acts were good in law. The decision of the churt puts an_end to a condition of affairs;mare unique and exciting than anything whighjhas thrilled Kansas since the border wars. The rival houses which have been str |I§gllng for the mastery, sometimes by pardiafientary means, some- times by force, and At'last through the judi- cis will now protudly unite in one body and transact much’ ficeded business. The acts of the populist'house having been de- clared to be illegalall the appropriation bills will have to be pagsed over again, The republican hquse has passed many bills, and they will h¢ sent to the senate at the first opportunity. ‘I'he present sessior bf the legislature ex- pires by limitation onMarch 8, and it will be necessary to hola aw dxtra session in order to transact the mscessury business. The constitution proviges that members may draw per diem dues foy only thirty days of an extra session, and an effort will be made to close up the business within that time. It seems to be the genvral decision of the populists to respect the decision of the court, and the populist members will probably with the republican house on Monday. ers all declare that the court's de- cision is wrong and that they wWRl appeal from it to the people at the next election. Effect on the Senutorial Election The effect of the opinion upon the olection of John Martin as senstor seems to be an un- | certain quantity. Judge Martin was elect by a joint sion of | the populist house aud senate. The populist house having been il- legally organized, it isa question whether Judge Martin's election would be recognized by the senate. he republicans and stal- | wart democrais have decided to make no election, and there being uo contestant for the seat and Mr. Martin's credentials, beiug regular ubou the face, might be i the senate. 1t may bethata joint conven- tho democrats would _doubtless join the pop- ulists and ratify Mr. Martin's eloction. Wil Ablde by the Court's Deelsion, ‘The members of the populist house went t ction to take in view of the supreme court's into caucus this evening to consider wh decision upholding the iegality of the organi zation of the republican house. After much discussion it was decided to name a commit too of three to wait ypon the governor and consult with him us to their future course and 10 ro to the house Monday, The general sentiment of the caucus was to abide by the court's decision and to join the repub- lican houso forthwith, #'he governor in an interview took that view of the situation The committee will make a report to that effect Monday and the populist house will then dissolve and its members will join the al organization CHARGES OF CORBUPTION, Indiana Leglsiators Sald to e in the or of the Natural Gas Ring. INDIANAPOLIS, Tnd., Feb, 25.—One of the most powerful lobbies ever known is that which is strivicg to gain absolute control of | the gas fi®d of Indiana. For weeks there have been evidences of a combination of all the forces and iuterests that have been oper ating in the gas belt. The first evidence that this mighty combine, backed by its millions, was determined to manipulate the legislature in its interest, appeared in the Haggard bill, which was well on to engross ment before it discovered. The bill had themeter measurement feature stricken out on second reading, and such was the storm of indignant protest against the bill from ery section of the gas belt when it came up for )ssment that a motion to in definitely postpone it was carried by a de cided majority This was supposed to be the end of the | , but the lobby came to the front with forcements and last evening the effect iveness of its work became apparent. Shortly of Madison county m recon sider the vote by which the bill indefi nitely postponed. Speaker Curtis at once put the motion and, although in the opinion of near], one, the “nays’ were in the majority, the motion was declared carried, and the bill is again tion. Even with a majority against the bill the natural gas lobby with its millions has hope that it may bring t as will swing a majority around to its way of thinking. The scheme which the gas combine has on foot has millions in it, and as was remarked by a gentleman who has watched the move- ment from its inception, the gas combine could well afford to pay §1,000,000 to buy the Indiana legislature if it comes thatv high “There are wild rumors afloat as td the fabu- lous sums of money at the disposal of the lobby to secure the legislation that the com- bine is determined to have. One sensational predicuion made is that if the pending gas legisla acted into law the exposure Lof bribery will follow. SOULH DAKOTA LEGISLATORS, % i Jack Gray of Dendwood Has Been Piegge, S. D., to Tue Bre]—Juck Gray of Deadwood is for appoint- claims that a flood of fraudulent letters have been sent to the governor from Lead City and other points in the Hills greatly maligning him and proposes to ferrct the matter to the herc looking after his ment as mine inspector. bottom and punish his accusers. Today the senate passed a bill appropriat- ing #16,000 to reimburse the military com- panies that took the field two years ago under M. H. Day of Rapid City to fight Indians during the Pine Ridge trouble. The bill will probably go through the house also and be signed by the governor. Both the senate and house passed a bill senatorial district cover Custer and Fall r counties, The making the Fort bill was introduced by Thornby yeste The senate yesterday passeda bill giving women the richt to vote at all municipal clections. Muny senators believed it ap- plied only to school elections, and when they found out the truth there wils weeping and ‘gnushing of teeth. Sol Star and other Hills members were particularly angry, as ali had voted yea. Today the senate had a long wrangle over the matter, and finally decided to recall it from the house. It will now doubtless be reconsidered. The senate today in compliance with the vote of last night's republican caucus indefinitely postponed the bill giving the railroad commissioners power to fix rates. This makes it evident that the legislature will not pass any restrictive laws, Governor Sheldon today appointed the fol- committee to visit Chicago and o the state fair building before it is by the stat William Laird of Pierre, W. B. Sterlin Thomas H. Rush, H. J. Rice, Huron, and W. B, Gillette, Pierre. They will leave at once. DISBARRED THE SPEAKER. Lending Tennessee Legislator Seathingly Ar- raigned by a Clreuit Court Judge. Mempms, Tenn., Feb. 2.—Judge Eates of the circuit court this morning, in a scathing opinion, disbarred Ralph Davis, speaker of the Tennessee house, for the misappropria- | tion of funds of a client, NAsnviLLE, Tenn., Feb, 25.—The news of the disbarment of Speaker Davis has created a painful impression in legislative circles, It is believed he will resign. Davis is only 28 years old and heretofore has borne a high reputation. Counsel for tho defendant took an appeal to the supreme court, but it is the opinion of law rs that the supreme court will grant avis no relief. In_ settling the costs of a case in court Davis is said to have collected £2.250 from a client when the court required the payment of only £1,000. Sonatorial Contests. Oryymria, Wash,, Feb. 25.—On the eighty- first ballot for scnator Allen received 41; Turner, 17; Griggs,21; Knox, 9; 4 scattering, HeLesa, Mont., Feb. 25.—Tne vote for senator was as follows today: Mantle, 50; Murks, 15, Dixon, 8; Hall, republican, 1; Mitchell, 1{; Kleinschmidt, 2; Toble, 1. b SR ccted Office CINCINNATIL, O., Feb. 25.—The deac conference of the Methodist I church elected the following ofticers: Presi- dent, Bishop Joyce of Chattanooga; first president, J. N. Gamble, Cincinnat ing secretary, E. H. Cipple, sponding sect , Lucy Rid treasurer, W. A, o at e Weavers on a Strike. 1eLsoNvILLE, Conn., Feb, xty weavers in the woolen mills of the S. T. Sayles company have struck for an advance of price per piece. ——————— LOCAL BREVITLES, One minor permit was issuod yesterday by Inspector Tilly, and the amount of the pairs to be made were placed at §100. George Cohen and Jim Vanners were rested last night and charged with stealing some clothing from Charles Coleman, | Twelfth and Dodge streets. A meeting of cricketers will be held in | rooms 2125, United States National bank | building. urday at 8 p.m. Al interested in the game of cricket are cordially invited | to attend. John Benedict, who claims to be a stock- man, was arrested last night for disposing of two pair of new shoes to a pawnbroker at 1111 Douglas street. Oftics Russell com- pelled the second hand man to give up the property and sent it along with Benedict to the jail. tov, Dr. Stephen Phelps, pastor of the t Presbyterian church of Council Bluffs, 1l occupy the pulpit of the First Methodist | Episcopal church this evening at 7:4 | Chancellor Creighion, who was anunounced to preack: being ill. There will be no services in the morning. People in North Omaha are again com- plaining about the use of explosives on the big sewer. A few days ago the use of dyna- mite was prohibited at their demand and then the contractors resorted to giant -pow- der. Residents in the neighborhood allege tion of the house und senate may be held | that large chunks of frozen dirt are hurled later to choose & seuator, aud in that event | hundreds of fect on either side of the ditch. LIFE IN AR OFF HOND Beautiful Soenes in the Semi-Tropical Cen- tral American Republio. LUXURIANT ~ AND, FRAGRANT FOLIAGE Where Colum ded on the Conti- The New Monaco n Wil Be Loeated -Entertalning On the northeastorn coast of Honduras i Puerto Cortes, a perhaps 1,000 extending along the shore of a pretty littlo rbor, one of the best on the const of this n of the town peninsula, running bout four miles and 8o low is it the houses are set on posts above the water, which, in the rainy scason, is inhabitants | built on a na ways under 5 a8 this uarrow by the salt breezes on three sides, in spite of its want of atively healthy this is the place where Columbus first foot on the mainland of this contine i here in 1502 on his fourth voya maritime city History stat is generally heat is always temy Back of the port a hi called the Cc od by the sea b h range of moun ro de Guyamel scenery and tne coast ¢ ance of grandeur and beauty that more than realized my ideas of tropical regions. yond the first perpetual gre loty mountains of e , some isolated running off into ranges, higher and higher, summits are lost in the clouds A New Monaco, This const is destined soon to become much better known than S attention will soon be p: mare than fifty miles from this port d of Bonaco, which wa to 1 lottery company to a point not there, but, further, will proceed to lay out Carlo as well, of the republic, Louis Bo ris wore given a conc um of £20,000. ratified by congress. pted for this purpos a fmrly good harbor, whi pense could be i and wonderfully fertil unsurpassed for healthfuluess and The island is only Puerto Cortes, besides having a r, enjoys the distinction of bemg the only ads, but no Ameri be he drunk or sob with the loftiest and g wination do pital and_engine 5, it was originally the washout of a_ bridge ars ago shortened it to its present st for thirty 10t one cent of which has been paid. Its rolling stock ¢ forazon,” the latter being a_genuine curi- t'would draw well at the Columb c1f open will not ides and floor of vines; one one water tank and a d¢ , two conductors whose shaky two engineel ‘This include: ything, I think, except the is prone to at every stopping plac nie railroad wa: connect the coast of the P; wilh this port. After follow line of this croad s the republic, I am was never completed. less money than any ng the surveyed urprised that it across Central and its route would be through the atiful land in the world, the following figures, comparing with the ma, and the projected ! Nicaragua: From Liverpool to San ,via Panama, Honduras, 7,320, present route vis Par aragua, 4,7003 suving in favorof Hon- duras route of from eight to ten days as col pared with Panama, between the Atlantic ports of the United States, Oregon, China, Japas, and od age of progress and in- vention, when the toot of the locomotive is Mount of Olives, and the uggling with the famous In this enlighte echoing around th festive brakeman names of biblical history, it is railrond such as the one at this point should 1t belongs to a decade pa the steamboatof Fulton and the locomotive of Stephenson. perience will illustr it is managed. gotten, with te the manner in whie 1 left the steamer Tue: ‘Wednesday morning I made enquiries srning the train, and was informed that it would 1ot go up before Fi started for the grafo” to wire my Chicago companion, Mr. at San Pedro, waiting for Alger,informed was celebrating his Our consular agent, M me that the operator birthday and had forgotten to provide a sub- I waited until Friday the celebration to conclude, time of the train's departure the of the operator was not announced. the train makes two trips a week, some weeks. morning for the beginning remarkable ride ; pathic dose I took, would furnish Bill } ubject matter for ten ain consisted of one eng| one flat car loaded with wood, one bo it and tho p ; ne, the Morazon, »us and of all compl ions—three Amet Morlan of N ns, Mr. Sully of the Port while the balance of the crew consisted of negroes, Caribs and Indians Mr. Morlan, an old traveler in this countr, had thoughtfully tak corner of the ¢ able with blankets and valises arranged as in the old Honduranian o possession ado it comfort- hioned horse plain boards, extending o length of the car and without the semblance of a cushion on them, Thirty-Seven Miles In mishap, but with we reached Laguna wenty Hours. deal of noisc from our starting point. for water, which was supplied to the engine by our five firemen, who | tank in buckets. Here we stopped ed it up to the ienished our lunch sket, to be on the safe side, a_suggestion Mr. 'Morlan's, and a wise one it proved to to be comfortable. a complexion of sutique oak, very politely A senora, with asked mo for a light in the soft tongue off Castilo, aftor receiving which she smoked or clgarro with grace and evident satis- faction Well, to continue, we reached San Podro the next mornieg, at 4 o'clock, twenty hours in going thirty-seven miles. Think of it} W ck four times, but that only delayed us five hours. At Cheloma, after a mighty effort tha train was pulled 1Imost 1o the top of a big grade and then the steam gave out. Owing to the fact that our conductor and brakeman was_asleep and viled to placo a log un lor tha whe s of our oich, the tr back down the radoand we mule splondid timo, the bost time on the trip, going the wrong way. Ap proaching each villago it is the custom to blow the whistlo until the town is reached It invariably happened that when we ar: am was oxhausted and we would have to wait until it was supplied. We had mple timo to pick coconnuts and flowers the wayside, and when riding g it was perfoctly safe to get out and provided you moderated your pace. flies and mosquitoes, and th as which our native passengers wero well suppliod with and gor y donated to us,made the night. one of horror, never to be forgotten. In spite of thediscomforts and the pests, the ery we passed moro than repaid us for thu misery we suffered. For wiles the road is thr a tropical swamp and forest, where the folis ribably luxuriant and boautiful. Mile milo wo passed under archways of bending palms and coroze trees, gigantic in size, The latter m justly be considered the most perfect rop sentation of the pieturesque in tropical vegation. Its trunk is clad in the richost re of parasitic iy its wonderful eathery leaves, thire or forty longth, bending in elegant and graceful curves by the weight of theirown luxurian or the burden of ornamental vines, Beneath this mass of tropical richness, hanging like an immense cornucopia, may be distinguished one or moro clusters of ts fruit, the delicious cahoon nuts. For a distance the road passes beside the Chamilicon river, u_swift, deep and narroy am, flowing for miles through this wild jungle, in th 1l shadows of the gigantic ceiba, codar and rubber trees, between whose mmoss and vineelad trunks grow palms of every deseription, All along the route are banana plantations, for the banana and the plantain are to the people of this country what the wheat is to us. This little line of railroad carries fully half the nas which supply the markets of the north through the port of New Or- leans. In this dense forest, which extends along the coast for miles, sbound mahogany, ignum vitw, cedar, silvilia, India rabbor Irees, mora, San Juan, logwood and other dluable woods and dyewoods, Mahogany is common h ud many of the tics of this roi hogany and rosewood I noticed sov cees which were being made to serve as telograph poles 1ve residing at Laguna hasa fine fenee made entirely of hown mahogany boards, which, with the extreme good taste that is characteristic of th > he has adorned with a generous coat of whitewash ow the Banana Grows, v words aboat the banana may prove st Some of my ideas were changed 1ot here. It was my impression the banana g 1t it this is not true. The banana is a species of gigantic lily, which, whileit grows to the height of twenty thirty feet, as it does in eleven months has no true stem. Its trunk is formea the sheathing of its immense loaves, Kach stem produces one bunch of bananas, {after which it is cut down and left where it { falls, to decay. A new stem springs up to t, and in eleven months is tr 1 year the process of Erowth goes or. s no replanting and very little cultivating. Some of the bunches weigh nearly a hundred pounds and contain 150 to 200 bananas. A thing to be remem d is that the banana is not allowed to ripen on the plant, but is_picked green and hung indoors to ripen, The productiveness of the banana is something wonderful, Hum- boldt calculated that as compared with wheat i 5 10 1, and s against potatoes 44 to | antain, a larger fruit of the same fam- s the manna of the trop 1t is fried , dried into_flour, made into wine, aten raw. The natives seldom eat it or the banana uncooked, believing it the native we have met thus m inoffen evidently very indolent icular as to the kind or have on. Some of umes [ have seen here have about amount of cloth in them as is \ dina Long Branch bathing suit. k one thing, and that is the remarkably small hands and feet the native Honduranfan has. The features are not displeasing, but certainly they are not beau- tiful. Their manners are extremely polite and respectful. A Volunteer Army. Puerto Cortes has not recovered from the ock of the revolution of last August and under martial law. Some two hundred soldiers are quartered thereand it is im- possible, without a permit, to pass from one part of the town to the other after 8 o clock. The army is u sight. Sucha gang of half- dressed hoodlums were never gathered to- gother before, Under the laws of the country 'y ¢ the year in aray, reals per v, about our soldier out of this, the gove susly: donating a pair of overalls and'a gun. The method of getting together a yolunteer army in Honduras is extremely original, Mark you, I said a volunteer army This is ablished Honduranian method An officer, with a squad of soldiers, quietly enters a town in the early evening and pro- ceeds to enter each house. If thore is un able-bodied man within he is marched to the cabildo and a guard placed over him, The ofticer and his men proveed on their rounds until a suflicient number of men has been obtained, or until the supply of nat out, or, in the Honduranian lang sufficient number have vol true, however, in spite of the meager salary, many young men volunteer. How th duct themselves in time of battle I shali have occasion to tell y An American in Priso During the revolution of last August, the insurgen ptured the town of Cortes without bloodshed, 1 be held it for several days. The rc commanded by a son-in-law of th and a nephew of the minster of the named Nuila, & brave but foolish young ) took up arms agaiust the » he had not which had been promised himt. those who joined him was an Ameri ptain Phares B. Brubuker, a Penn Ivanian by birth, but later a resident of D, With his unerring Win- r, he succeeded in killing a goodly number of the government soldier: some blood shed in this revolution 1 Nuila was having been seized while sick with fovo was placed in a chair with bis back azainst the wall of a church and a file of soldiers shot him. Brubaker was capturcd at the ame time and sentenced to imprisonment at Omoa for seven years. In an interview with him in prison ho states his reasous for going into the fight where he supposed b helping the government and protecting property. He knew but little of the affairs of the government, and still le A a8 relative of er in the army, that he ived by N how valua- ble a man to him Brubaker would prove Mr. Brubaker is a Mason in goods stand- iug at Fargo and I believe a little effort on the part of the Masons of the country would effect his release. The prison wherein he is confined is a tevrible hole and his treatment is unnecessarily severe, BLANCHL aitieh O Hood's Sarsaparilla positively cures evea when all others fail. It has a record of suo cesses unequalled by any other medicine. Highest of all in Leavening Power.—Latest U. S. Gov't Report. Roal Baking Powder