Omaha Daily Bee Newspaper, February 28, 1893, Page 1

T KILLED 1IN ITSELF Bpecial Bill to Secure a Recount of the | Amendment Votes Fatally Defective, ITS ENACTING CLAUSE NOT BUILT RIGHT Qertain Constitutionally Essential Words Were Omitted from the Engrossed Copy. HISTORY OF SOME DEFEATED AMENDMENTS Efforts to Patch the State's Bill of Rights That Have Proven Futile, WHEN THE SALARY GRAB WENT THROUGH One Case of I it in Which the I ture Got kv is Beginning to Sce the Incvitable. 27.—[Special A discovery was madc : Bee representati ender null and void the work now being done by the committ recount the votes cast constitutional amendments at the tion, as provided by hous A fatal defect was found in the enrolled notwithstanding the Rhodes of the transcribed the contrary committee on engrossed The defect failed to attract overnor Crounse when he the bill, and will have the 2 unavatling all the wo the attention of was called upon several hundred The constitution of the state the enacting clause of every luw “Be it enacted of the state of Nebraska.” These words did shall be as by the legislature Jensen, but in the that clause read acted by the legislature of Nebras words “of the state’ as the discovery was made the attention of was called to it enrolled copy being omitted and he imn inclined to r ed that with the | and consulting su- changed his mind and sta; looking up of the law preme court opinions he should regard it as The matter has been length tonight, and it is found that the su- of Novada has case exactly in point. looked up to some preme court passed upon state against Roge 1875, it was held: acting clauso HMttonally preseribed it should be fol- the uct is lable to be declared null and v In the states of Alabania, Ge Kentucky, Loulsiana, sotu, Missourl, New Jersey, New York, Texas and (Wisconsin similar provisions hav recognized and enforced as mandatory by the t and welg the authorities as well as reason is in accord Cushing in his work on of Legislativ section 2102) says: ibed nothing can be not Introduced though othe same time used.” The question asked falls under this divis- fon thus discussed by Cushing unsel for the relator in argument that when the bill was presented to lature the enacting clause contained * the Identical words roquired by th ftor its puss mistake of ¥he enrqlling cler with this view. “Where enacting words words, even s which are equivalent are at the K, the words “sen- state in order The correctness of that decls- fou has not been questioned, and under the rules therein established we must take the act find 1t certified to by duty it is to certify to the correctness ot ve been enacted. J tion expressly provides lauso of every law shall be, the state of Ne assenubly do enact as follows.” This language I3 susceptible of but one in- There Is no doubtful meaning 1t1s In our judgment an im- terms of a law. ada represented in senate and terpretation of the Intention, soverolgn capacity to the legislature requir- g thatall laws to bo binding upon th shall, upon their face, express the authority ch they were en; 08 to us without suc e, itis not a law, Identical with Nebraska, 1t will thus be seen that the fronting the ) cal with that pass acting clause is specify whether it is the gislature is ide legislature of the awyers whose opinions have been asked re 1 without ex first glance, garding the mattery hay ception that their judgment at without taking time to that the faw would pr ppaars o ba the case malkes little the recount may be, as the law ordering the recount would be held to be unconstitutional » and voil and the L fore be without vmendments would flect and could not be en- forced, even though the recount might show them to huve carri It is hinted that this defect is but a part of the deep laid scheme that is gene believed to huve been behind the rec move from the start set forth by Tue Bee it is belic engineered the seh As has been ieme to have the | ay commission amendment counted in | for the purposeof defeating the passa, This new discovery is belioved by some to have been the r from the same sourc tof crooked engineering in order that the ques tion of constitutiouality of the law might be ealled in question and the law knocked out | after it had ace of preventing anti-railroal legislation History of Some Amendments, » at the constitutional Nebraska since 1875 proves 1t is one thing to propose the constitution and another to adopt it has been frequently rewar possible to adopt an amen stitution under the present The constitution adopted in 1 for seventeen years with but a six t, and that amendment, cur only affected the emol Are every Lwo ye indisputably that amen dimeat » hus stood nts of the men who ars called upon to pass laws tent amendments have been submitted. | ECOND YEAR. An attempt was made in 1842 to amend the constitution in order that the right of suffrage might not be restricted to th sterner sex. In 1884 two amendments were submitted, one to increase the pay of mem- bers of the legislature and the other to give to the people of the state a railroad com mission electea by the people and empowered to adjust the rates of freight and passeng traftic upon a basis more equitable than had existed prior to that time. Othe mend ments have been submitted since that time, but all have failed. A brief history of the efforts to amend the constitution may be of interest at the present time, Defeat of the Suffrage A ruary 26, 1881, the legis finally adopted a joint resolution submit to a vote of the people an amen iment relat ing to the right of suffrage. The amend ment struck the word male from the consti | tution and conferred upon the women of Nebraska the privilege of excreising the right to vote, Th in which followed was one of then ros! ht in the constitutional history Some of the most eloquent female suffrage in the United States spen the summer and fa mouths of 1882 iu the state, and every city, town, village and | hamlet echoed” with’ their o prominent citizen of Nebraska was as the president of the National Rights ciation. Several well edited newspapers were established and liberaliy patronized by the friends of the equal suf: frage movement, But in spite of the vigor- ous campaign the amendment failed to carry The election returns show that 2 votes were cast for the amendment, while 50,693 were east against it. The total vote of the state on_governor was 80,063, The constitu tion provides that an amendment must re- ceive a majority of the total number of | votes castat that election. The suffrag | amendment failed to receive the requisite majovity, and its fricnds have never at- tempted to revive the agitation in its favor. Amendment t Carried, The amendment relating to the term of office and pay of members of the legislature met with better luck. The jomt resolution extending the legislative term of office from forty to sixty days and increasing the pay of members from &3 to £ per day was adopted by the legislature on February 1883, In the campaign of 1584 no particular stress was laid upon the importance of the amend ment. No prominent speakers from distant varts of the country came to the state to urge with their eloquence the adoption of the amendment. No_newspapers were es tablished to impress its importance upon the people. When the revurns were counted it | was populary supposed that it had failed to carry. The' original returns now on file in the oftice of the secret ate show that the amendment recei votes, On the other hand there were 17,706 votes agamst it. The total vote was 1 5 and so the amendment was lost But those who imagine that an amendment of such vital importance to the pockets of the statesmen who have themselves elected to the legislature every two years could be defeated and still be declared carried have but a poor conception of the ‘reserved power” that sometimes lies in a vote on a constitutional amendment. That amend: ment was carried, but the people of the state didn't know it. It remained for the members of the legislature themselves to discover the presence of some 22,000 votes in the bullot boxes that had been overlooked by the careless men who had been selected to canvass the votes in the several counties of the state. Extraordinary Legislative Perspicuity. On Junuary 5, 1885, after both houses of the legislature had been organized and the nt convention assembled to canvass the turns, the legislative amendment was duly declared lost. Tt was not until tne lifeof the legislature had nearly expired that the mem- bers realized just how shorta legislative term of forty days really was. On Fobruary 15 Senator Vandemark of Saunders county was seized with an_inspiration. Tt took the form of a joint resolution providing for the recanvass of the votes on the legislutive amendment. He introduced the bill, and in two days it had been passed. -It went to the house on February 24, and was passed there two days later. On the 23d it ed the official sanction of Gove came a law. By resoiution the clerks of the standing committecs of both houses were required 1o assistin the recanvass under penalty of being discharged. The recanvass was con- ducted by Secretary of State Laws and Auditor Babeock, assisted by Senators J, K. Vandermark and Paul Schminke, and iRep- resentatives W. J. Pemberton, F. E. White and W. H, McCann. The work was finished in a surprisingly short time. The governor approved the joint resolution®on February 23, The polling books from the several Iment, camy st inte nicled ebraska idvocates of ass One counties of the state were forwarded to the | state 1 cavefully votef were five days capitol, the rvecounted and later the canvassing board was ready to make its report. Too much caunot be said in praise of the promptucss and zeal of the county clerks who forwarded their polling books to the secretary of state with so little v. Many of them who held their official residenc in the remote parts of the state must have appreciated the gravity of the situation to such an extent as to forward their books even before the news of the adoption of the resolution had time to reach them by the ordinary channels, The students of the science of telepathy may pogsibly find in this incident material for profound investigation, Some Startling Results, On the evening of March 1 the two brauches of the legislature met in_joint con- vention to canvass the votes. The results surprised the most hopeful friends of the amendment. The increase exceeded the ex- pectations of even the most sanguine. It was reported that the amendment had re d 72,497 The vote against it was K voters failed to expre E ¢ generous and voted both for and against the proposition The total vote on the amendment was 138,423, When the total vote on the amendment is compared with the total vote cast for the several state officers on the same day the re- sults are somewhat startling. Here is the total vote on the state ticket On governor, 1 on ernor, 133,908; on secretary of state, 1 on treasurer, 134,088 on auditor, 134,039 on attorney general, 134,036; on commissioner of public lands ‘and buildin: 5 superintendent of public instruction, 134,094 For the first time in the bistory of the state, more votes were cast upon the amend- ment than were cast for any office on the stato ticket The declaration made by the joint legisla. tive convention of January 5 to the eff that the legislative amendment had not car: ried was by formal vote reconsidered and then rescinded. Thus closed the history of one of the most unique events in the cousti- tutional history of Nebraska. Fallu leuten Prohibition. On February 13, 1880 adopted a joint resolution providing for the submission of a prohibitory amendment to the constitution and one to provide for the liceusing of the liquor traftic. The amend- ments were submitted at the general elec tion in 1800 and both were defeatea by an overwhelming majority. The prohibitory | amendment received 82,302 votes, while 111,- 728 were cast against it. The high license mendment receivod 75462 votes, and The total vote the legislature guinst it were cast 91,084 at that election was 214,501 The legislature of 1850 also submitted two other amendm s, both relati to th uiclal department. One increased the umber of judges from three to five and the other fixed their salury-ag 4,000 per unnum instead of §2,500. Both were defeated, ‘Lh» one increasing the number of judges sivea 86,415 “votes while 53,022 were againstit. ‘Ihe other received 6 10 61,619 against ‘Iho last attempt to amend the tion was made at the recent general ¢ when two amendments were submitt. first provided for the election of a1 | commission by the peop 1 | 80,088 votes against 14,150 against it | towal vot in the stat wis | amendment was lost and this in spite of the fact that it was favored by all the political ties of the state. The other amendment ided for the investment of the perma- 19210 05 onsti LCONTINUED ON S8ECOND PAGE.| | ivappeared every point upon OMAHA PLEADING FOR ORGANIZATION Address Issued by the National Association of Democratic Olubs, REPUBLICAN ~ DOCTRINES DENOUNCED seratic Organization Urged to Prepare for the Election of 1804 -A Congress In 1 pny with the Adminis- tration is What is Wanted, Wasmisaron, D. C., Feb, 27.—The follow- ing address was issued today by the Na- tional Association of Democratic clubs, “The address of the National Association of Democratic clubs in April last outlined the issues upon which the contest of 1502 must, inevitably be conducted were not mistaken in the views then The great battle was pitched at the indicated. The vital principle of strict construction was put at issue, and it was deliberately approved by agreat majority of the votes cast. The tariff question resolved and settled by the application of the rule embodied in the tenth amendment is a_question no longer, if the overwhelming judgment of the people expressed at tho polls is to be respected and obeyed by their representatives, The de- tails of tarift reform—of « system of taxa tion looking only to the largest returhs of revenue consistent with the wildest liberty of trade—remain to be adjusted by a demo- atic congress with the aid of an enlight- utive chosen to serve alike the in- ests of all classes of American citizens, In the address above mentioned we declared owe “We expressed of Congress to Levy Tax “Congress may, under the constitution, tax the people to sustain their own govern ment. It has, however, just as much right to take their lives or to sell their children into bondage as it has to take a dollar from them for any other purpose. But the federalist purty, purely to create monopolies upon which it may rely for political sunport, and to further enrich its wealthy favorites, boldly assumes the ungranted and forbidden power to levy the taxes, with no view what- ever to public revenue, but with a sole and avowed view to transfer untold millions of money annually from the pockets of the many', who have earned it, to the coffers of ‘the few who are licensed to seize it in virtue of their uncon- stitutional monopolies, If this can be done there is an end of liberty, our federal government is utterly perverted | it is mot merely a fraud, but a despotism aud there is nothing left worth a struggle The power to tuke and appropriate to others the proceeds of the people's labor is the power to enslave the people. No such au- thority can be found 1 the federal constitu- tion. “And the question, whether it shall be exercised, though ungranted, and, therefore, forvidden, is the question, as Mr. Jefferson stated it, ‘between a limited and unlimited government; between self-government aud corruption; ' the realization between und popular liberty and a grasping and grinding greedy tyranny; between the masses and classes; between the federalist republi- can and the democratic parties.’ “With great deliberation and solemn em- phasis the Chicago convention took the same position. Turiff Reforms Neoessary. “But while power steals readily and al- most imperceptibly from the many to the few, the process of reclamation is over ful ‘und ‘slow. The enormously rich bene- ficiaries of the federalists' policy, taxing the many for the benefit of the few, circumscrib- ing the mdustries of the mass to enlarge the license of a cl are still ‘in power,’ as they have been for more than a_quarter of a century. They are in full possession of the monopolies, which have enriched them as no pri as ever before enriched in the same length of time and enabled them to protect the party protecting them. ' will remain ‘in power' until a just of tax laws on the lines of the constitution as decreed by the people in the late election, shall lop off their undue profits and restore to the common people that proportion of their own carnings which the federal gov. ernment does not plainly require for objects legitimate and specified. “They are bauded still, as heretofore, in defense of their unconstitutional privileg They will res y ery point and 'stage any tariff reform orm in its whole wide beneficient scope, as contem- plated by the democratic party and the m jority of the people, will be accomplished only after a fierce and prolonged struggle. The people, it is true, have selected their instruments, an exccutive and a congress, to make this battle for them. But the battle is to be made andis yet to be won. ory thing substantial remaius to this hour with the enemy, including the vast wealth of the monopoly combination, increased every day by the monopoly laws which stand unre- pealed. Urged to Organize, “The object of this address is to urge the democratic people and those who united them at the election, November last, to maintain perfect and extend the system of afiliated democratic societies, whose recent service to the great cause was so con- spicuous, and which must, until the fruits of the late victory are gathered, be required to uphold the hands of our rofficial represent atives in the long and desperate strugg! with private interests which still before them. A democratic sident and a democratic congress will need in the next four years, more than ever before, the support of a vigilant party and an aroused people, represented in a perfect or- ganization, whose princinles and purposes are beyond all possible question. A mis riage {n the elections of 1804, a failure to re turn another large tariff re jority would be a calamity of crushing magnitude Against it we can have no assurance except ina system of democratic clubs, well orgas:- ized, active and aggressive, in every stat and district where a contest is to be’ made and their union in state and national associ ations From the hour in which the national con ventions of democratic clubs assembled at New York in the first days of October the elec- tion of Cleveland and Stevenson was scen to be beyond & peradventure, That magnificent assemblage of active and patriotic men from all parts of the country, associated unc simple decloration of axiomatic democrati principles, wasa spectacle so_ striking and encouraging as to resolye all doubts, and it is now very plain that to the 1,000 democratic clubs represented in that con- vention and in this association, too large a share of credit for the finul result canuot be accorded. Let us be found even better prepared in 1804 and 1506, Yours truly, CuAUNCEY . BLack, President, LAWRENCE GARDNER, Secretary WiLLiax Lo Witsos, Chairman of the Executive Committe And members of the executive committee POPULISTS WILL SUBMIT, as Legislature Will in the Future Have but One House, Toreka, Kan., Feb, ¢ morrow Kansas will have but one house of representatives. “The poputists were in caucas all day today considering what action to take in view of the decision of the supreme court that the republican house was the legally organized After much discussion it was formally decided tonight that the populist members should join the republican house tomorrow morning. They will demand, however, that the house pass an appropriation for the payment of the salaries und per diem dues of the ofticers and members of the populist house up to date. ‘The populists decided 4130 that no bills should be passed excepting those necessarry to keep in motion the ma. chinery of the state and that adjournment should be reached as speedily as possible, The senate today empowered their elcce TUES DAY MORNIN( tions committee to_fnquire Into the el of Chief Justice HoMon of the supr ourt. ‘The populists sy they believe Horton was illegally deelared to be in 1500 over the populist candidate, Richt mire. Their action s¢ems to be dictated by revenge for the deefsion of the supremc court, declaring the populist house to have been illegally organized I INAUGURAL joets Upon Which He CLEVELAND'S ADDRESS, It Will e Short—Sa wil New York, Feb, 27 MeKelway, editor of the Brooklyn Eagle, who has been for several days at Lakewood, N. J., and during that time has had with President-elect Cleveland paper as follows “Grover Cleveland's inaugural address as president of the United States for four years from March 4 next will contain about 1,700 words and will be more geveral than cific in Mr. Cleveland has care fully written out what he desires to say, but will speak at the inauguration witnout mar conferences writes his character, uscript, onl fresh lns mory. finuncial policy, tar istration will be decisive referring to topical notes to re His utterances upon the of admin Contl to deal capital, sec T and econom and frank dence in democratie princiy with the problems of b tional divisions and political unvest will be expre-sed, The abolition of federal inter ference with elections in the states will, it is said, be treated as & recognized decision of the people. The pension department, th new navy, a rigorous quarantine and the regulation of immigration will probably re- ceive attention The president may not refer openly to the question of anexation of probubly take a conserva- Hawail, but will tive stand on the subjcet and not act hastily, “Mr. and Mrs. Cleveland will go at once to the executive mansion after the inaug ration, and not to any private residence, has been stated. President Harrison has had the white house put in admirable condi tion He has been in correspondence with Mr. Cleveland, and the latter greatly appr ciates the kind, provident and hospitable spirit which the retiving president has shown for the comfort of the family of the incoming executive. “Mr. Cleveland and will ride to and from monies together, Mr, ( was sent in against the he should be driven from the ¢ ipitol to the white house behind four black horses in white harness with an outriter on each.” Mr. McKelway adds: The eleventh hour loyalty of the Brooklyn muachine to Cleve- land is appreciated at its commercial value here, and whether the home machine will President Harrison 0 insuguration cere- evelund's first veto rrangements that have the courage to keep out of the caucus | at Albany or not is watched forthwith with interest.” The policy of going into caucus to recularity mixed with the purpose to k out or to try to back out of caucus it anything unpleasant Is sprung on the caucus is regarded here asam endeavor to ride two horses going same time. Open opponents within the party will be treated with no preference, as nerve- less and inveterate self-styled friends. Auti- snapper democracy ranks high in the quota- tion of political values here and at Washing ton now.’ ON HIS WAY TO WASHINGTON, Vice President-Eleet Stevenson Given a Great Send O by Bloomington People. BLOOMINGTON, 11L, Féb. 27.—All of Bloom- ington was astir this morning to bid farc- well to Vice President-elect Adlai Steven- son, who was to start on his journey to Washington for the isaugural., .Mr. Stevens son and family srrived at the depot at 7:50, but the crowd would not be denied, and it s 8 o'clock before Mr. Stevenson uld ish the round of hearty handsHake: friends und neighbars. .The greatest en- thusiasm prevailed and a great farewell cheer arose as the train pulled out. The train was chartered through to Washington by the Illinois Democratic club. The train consisted of a baggage car, four sleepers and the private car of President Oakes of the Northern Pacific for Mr. Stevenson's pri vate use. The rest of the train was filled with friends and relatives of the vice pr dent and prominent democ CHICAGO, 1., Feb, 27 President Stevenson’s train ived at South Chi shortly afternoon and was shuuted fry the tracks of the Chicago & Alton road to those of the Baltimore & Ohio, over which the remainder of the journey will be made. Mr. Stevenson was greeted by his fellow citizens at the towns along the way, but made no speech: CLEVER PROUIBITIONISTS, They Block the Schemes of South Resubmisstonists. Dakotu al Telegram ]—The senate today passed a puropriating 815,000 to cover claims for per diem and expenses of the militia from Hermosa and Rapid City, who served at the time of the Pine Ridge Indian trouble two vears ago. It is very likely the bill will go through the house, A strong lobby is here, including Stanton and McLeod, at whose h the troops stayed. he prohibitionists this morning, by a clever deal, shelved the resubmission reso- lutions probably for the session. Hooper moved ~that the appropria- tion bills be made a continuing order until disposed of. As it is hotly contested it may not be finished till the last day of ses- sion. Meanwhile no bill ean be considered witheut the consent of two-thirds, he resubmissionists are very angr; are hatching a scheme to circumvent their op- ponents. They claim to have a full majority in both branches, The governor today appointed L. T, Boucher of Eureka a member of the board regents, and the nomination was imme- diately confirmed. Cleveland's Speeial Train, PuiLADELYIIA, Pa., Feb. 27.—The presi- dential special train, which will run over the Reading road, carrying the president- elect and party from Lakewood to Washing- ton on Thursday, will consist of 'oyal blue line baggage car and the private cars Balti- more, Oriental and Monmouth, The train will leave Lakewood at 1:25 p. m., reaching Elizabeth at 1:50 p. m. and Bound Brook at 2:11 p. m. In ordér to avoid a probable crowd it will stop at a point outside of Phi delphia to change locomotives and will pass through the station at 2:40 without stopping 1t is due at Washington at 6:30 p. m. Afraid to Lesve the Stat Cuevesse, Wyo., Feb. 27.—A. C. Beck- with, the newly appointed senator, with Chairman New and Adjutant General Kabis, left today for Washington. Governor Osborne was to accompany the party, but decided to remain in the state. It feared that should he leave, Sccretary B bour, who would be aeting governor during his absence, would on Mareh 4 appoint I Warren as senator for the ensuing two years and thus prevare o busis for contest against Beckwith Speaker Wulsh Beserts His Part Guraxp Forks, N, D,, eb. icorge Walsh, speaker of the house of representa- tives, has renounced the republican party and gone over 1o the democrats. He declaves that the senatorial contest at Bismar ought to end the existence of the republicar party in the state. Senatorial Oryumria, Wash, Feb. 27.—Today's sena- torial ballot: Allen, 40; Turner, 2. Remainder scattering HELENA, Mont., Feb, 27, a'or today stood: Dixon, 1; Klein Griggs, e for sen Clark, 25; Hall, 1 The v Mantle, 20 bmidt, 2; Toole, —~—~— Norvin Geeen Left No Will, LovisviiLe, Ky., Feb. 27.—[Special Tele gram to Tve Bge.)—-Dr. Norvin Green did not leave a will, He left a fortune of abom $150,000. Under Kentueky laws one-third goes to the widow, which leaves $0,000 to bo divided between six chuldren, four seus und two daughters, FEBRUARY 28, 93. | to Tue Bes | the | has been holding revival me | ver, | acted st | harshly and al | smashed | the countr in opposite dirvections at the | from | | 17 shoe and was still growing | CRAZED BY RELIGIOUS WORK | tities of Rev. J. R. Sanford of Sumner Loses His Mind While Preaching. | SMASHED THE BIBLE OVER THE PULPIT For Five Minntes the Kemarkable P g Tow. ports Audienco Witnessed formance —Interest- Litigation Several Im. it Points to e Decld SveMNen, Ta., Fe Special Telezram Rev. J. R Sanford, pastor of the Methodist Episcopal church of this city was afflicted witl it Sunday moni reigned insanity while occup, and time pande For Mr. Sanford tings ing for week working and s uds noticed that he som angely and app hard and ¢ until his f ne without food wed to b pletely At the worn out Friday aft talked to the congrega much talk night ho sa his 1000 meeting h st flercely tion, so much so that was i ned ut © wearing dulged in terly agoni Sund sermon, this mind gave way five minutes he was a raving maniac He raved, threatencd the bible over the pul Saturday himself. d appearauce, ¥ morning he pr beside an ble to every one. ached a powerful sing with an exhortation, and at moment his and for Swor violence, y jumped | upon it, cursing and calling down the wrath of God all the while. The large audicnce was simply paralyzed uch a thing had never betore been heard of in this state. A town official, happening to come in just at this time, went forward and took hold of the unfortunate man, spoke a few words to him and reason returned. He was taken home, but is in a critical condi tion, physically and mentally. WEALTIL OF E WISNERS, Costly Litigation Ovor th nn Administ Eroona, Ta,, Feb, 27.—[Spocial to Tue Bee.|—In the disirict e opened here today, will be tried what now promises to be one of the most sensational finuncial suits ever brought into court in the state of lowa L. F. Wisner and as well Appointment of tor was probably as wealthy »wn 4 man as there was in He had by inlustry and frugality accumulated a fortune estimated at £1,000,000. About two years his son, ( H. Wisne the countrv to look over some land and a shotgun was put iuto the buggy, the young man intending to hunt while the old gentle- man was transacting business. They had d at their destination and the young man was taking the gun_out of the bugiy when it was discharged. killing the father, and the son immediately passed into the ownershipof two-thirds of this great wealth. Prior 1o the death of L. F. Wisner, his son George, us it is understood decidedly against the wishes of nis father and mother, ed Miss Fannie Gilman, daughter of C. ilmuu, for many years closely identified the. Towa Central. At the time of ner's death his secrotary, J. D. New- comer, was appointed administrator, and settled matters seemingly satisfactorily to all, On January 11 last_occurred the death of George H. Wisner. The law prescribes that within twenty days the widow may upply for the appointment of administrator, and this was _done, she asking that herself id J. L. Williams of Marshalltown might actas such. For some reason they approx- imated his wealth at only $25,000, and offered individual bonds tothe amount of £0,000. The clerk of the courts refused to appoint on grounds of insufiiciency of bonds and an underestimate of the ceased’s wealth, A few days later M Julia A, Wisner, mother of the deceased, asked that the administrator of the former state, J. D. Newcomer, be apvointed, and he gave bonds in the st of £400,000, and thi vas accepted. Immediately upon learn- ing of this, Mrs. Fannie Wisner and J. L. Williams offered additional bonds to the amount of §00.000, and at once their attor- neys commenced action to have the appoint- ment of Newcomer set aside on the ground that the clerk had no rightto appoint others when they complied with all the require ments of the law. Upon this point the will be fought. SHORT LIN drove out into PLANS, It Will Be Pushed from O'Neill to Connect With the Barlington, Stovy Crry, Ia., Feb, 27.—The Pacific Short Line bridge, begun three years ago and sus- pended by financial reverses, is to be com- pleted at once. It will be sixty feet wide and cost over $1,000,000. It is expected to be completed November 1. The Pacific Short Line is also getting ready to push westward from O'Neill. Tts first aim will be to get connection with the B. & M. road near Dun- ning, Neb., which will give the road a line into the Black Hills and the Burlington a new line to the Missouri rive Negotiations looking to this have been completed. The ultimate object is to make the Short Line a new route into Denver, Ogden and the Pa. cific. In Favor of t Dovae, Ia., Feb. 27.— to Tue E |—The sensational Keating will case ended here today in which the heir of Patrick Keating attempted to break his will, claiming that Father Darcy, a Catholic y had used undue influence to secure Keating's property for the church. Judge Hindman's “decision completely vindicated the priest, his ruling holding that there was no evidence to warrant the charge of forgery or undue influence. According to his decis ion two of the heirs are given one-fourth of the property while three-fourths goes te the priest for the church Special Telegram Death of 0 Giantess, Des Moises, Special Tele- gram to Tue Miss Imma Ballard, known as Lady Aama, the giantess who has been on exhibition at a local museum here, died at 8:80 this afternoon of consumption and “growing” feve She came from France ubout fifteen weeks ago, was 16 years old, weighed 285 pounds, wore a No Bars of His Window Sawed OfF. BooxE. Ia., Feb. 27,—[Special Teleg Tae Bee.]—The tramp Ross, whose murder. ous assault upon an old man was so bravely repulsed by the intended victim's two daughters some time back, was discovered In an attempt to break Jail today He hail bars of his window sawed off. He was taken to the Story county Jail for safe keep- ing. Liens on the Yunkton & Norfolk, Swovx Ciry, la., Feb, Special Tele. gram to Tue Bee.|—The creditors of the Yankton & Norfolk line, now in course of construction, filed liens against the road today aggregating The road is graded and partially” ironed from Yankton, S. D, to Norfolk, Neb Cudnhy Se Sioux City, Feb, 27.—[Special Telegram to Tue Ber.]—The Cudahy Packing company was today awarded a contract to furnish the government 200,000 pounds of bacon to be supplied from its Sioux City and Omaha houses. ures s Contract, e s Want the Corn Duties Suspended. New ORLeans, La, Feb, 27.—The Times- Democrat’s City of Mexico special says: The National Board of Public Charities of Mex- | ruins of the | to sit up in an ¢ | Mr. Mackay, is sinking | pavper alley. — NUMBER 252, - ——— e — ico has petitioned the government for an other reduction or temporary suspension of the duty on corn, claining that large quan the grain will be required Lo pre. vent suffering among the poorer classes in various parts of the republic. All the Mex fcan railways have incréfsed their ra and it is stated that the government will cr them reduced in order to make the transportation of corn from the United States cheaper than at present o - TEN KILLED, Sleeping Inmates of a ( cago House Crushed by its Collapse. Crreago, 111, Feb, 28, —The wall of a burn- South Halstead fell about 1 this (Tuesday) morning and housa in which two families were living. taken ng building a.m ushed Ten bodies have been out of the fallen wall - - - MACKANY'S CONDITION, He bs Rapidly Recovering from His Assailant Dyin SAN Fraxcisco, Cal, Feb, 27 3 s W. Keeney, physician John W. Muackay, today Mackay had passed a I8 Wound Health Of- in attend said thut od night At a,m said Dr was in tip-top condi to take out ance on ory his wound and found it Tonignt 1 intend the stitches. My some of Mackay is foeling very well and is able sy chair Wesley C. Rippey, the old man who shot rapidly at the r Poli Sur the man's recovery today he said he was made a good job of the | ceiving hospital today Sumers has no hope of When he was seen sorry he had not He «aid an old man 73 years of a. knew perfectly well what 1 was doing when Lired that shot. Atone time 1 had oy 3 00, but Fair, Flood and Mackauy caused me to losc it after it was invested in stocks. That loss chan I my whole life. Instead of the hopeful, encrgotic man 1 once was [ became 4 misanthrope, avoided the society of my fellow men and became a stranded hulk in Lmay be wroag, but 1 think rich men like Mackay should be killed.* Lwould do the s thing over again, but uext time with better success I hopo.' A fit of coughing interrupted the old man and turning wearily on his side he refuse to say any more SacraMENTO, Cal., 7 and 1 all Colonel Jam MeNasses of this city, Rippey's former part ner, said today: *In 18556 he was partner with me and” Judge Stratharn in a mining business at Breckinridge, about sixty miles from Denver, but he sold out and we nt into the hotel business at Denver. running the lont house there. He sold it for £24,000 that is the most money he ever had. He was always in litization and [ regavded him asa crank. I don't think he cver knew Mackay personally or had dealings with him — r ULIAR RAILWAY ACCIDENT, Carelessness of a Newsh struction by Fire of & CINCINNATE, O, Fob, 27.—A Paris, Ky., dispatch says that a smoking car on the Kentucky Central branch of the Louisville & Nashville road caught fire n Talbott | station while the train was running at full speed and wad destroyed. A newsboy lit a cigarctte and threw down the match beside a leaking can of gasoline. The fluid caught fire and the passengers ran for their ¥ves some-of them jumping through the window. The followinz people were badly burned: G. C. Lockuan. Arroryey WitLiay Tan. Dr. J. W. JAMESON. W. MCSHALS, R. Gogary, WiLLIAM BALLINGER, R. W. Forp. M. H. Arpi A COLORADO'S LATEST STRIKE. v Causes the De- Smoker, ATE, the newsboy. Regular Old-Tim Mi the Discovery Di , Colo., Feb. 27.—[Special Telegram to Tue Bee]--The recent discovery that Chicago park, a mile above the town of Pit- kin, is underlaid for miles with mineral of high grade in workable distance of the sur- face has caused an old-time mining boom Shafts ave being run all over the park. Some of the mineral runs as high us 815,000 to the ton, and will ayerage 8190, The character of the discovery is such that the Union Pacific raitroad will immediately reopen the old Alpine tunnel. 1t has been closed several years and_the Rio Grande company will con struct a branch from Parline to Pitkin for the purpose of securing the business iu view, Cudahy. the Chicago pork man, is interested largely in the company. ng Boom Follows ear Pitkin, - BRAVE ENGINEER TORPEY, In Rescuing Children from a Watery Grave He Nearly Loses His Life, PHILADELPRIA, Pa., Feb, [Special Tele- gram to Tue BEE.]—Dominick Torpey is an engineer on the Pennsylvania road. While taking a freight train to New York when near Frankfort he saw four children break through the ice on a pond. Torpey whistled for brakes, leaped from the engine and dashed into the water. He saved Willlam Tampler, aged 6 years, and came near losing his own life. After pushing the children on solid ice Torpey became chilled and was rescued by the train erew. He was taken to a hospitaland is in a precarious condition The fireman ran the train to Bristol, where another engineer took Torpey’s place - UNIQUE AND HORRIBLE. How a Pennsylvania Man Pat an End to His Existence. Prrrsnure, Pa., Feb, 27.—A Chronicle- Telegraph Newcastle, Pa., special says Lee Taylor, who lately met with financial reverses, deliberately laid down on the log riage at a saw mill at Mud Run Saturday cvening, and grasping the framework with one hand and ,the shaft with the other pulled himself up to the rapidly revolving saw. His head was igstantly severed from his body and rolled down into the dust pit The engincer, noticing a jar in the machin- ery, went to the saw and was horrified to find the bleeding trunk still lying on the car- riage. The deceased was recently married and leaves a wife, but no children, - COLLIDED ON A BRIDGE, Frelght and Passenger Trains Wrecked While Crossing the Potomac River, WASHINGTON, 1). C., Feb, 27.—A collision betwee passenger and freight trains on the causeway of the long bridge over the Poto. mac this morning resultod in the wrecking of both engines, killing Fireman Simpson of the freight and seriously injuring the engi- neer and fireman of the passenger train® The telegraph operator on the bridge was ar- rested for failing to close the switch, el Another Pluce for Harrlson, Yok, Feb. 27.—A morning paper Considerable correspondence has been going on between President Harper of the Chicago university and John D. Rockefeller concerning the best methods of promoting the growth of the university. From a_hint dropped by the millionaire to one of his friends, it is believed that a-chair of consti tutional law will be endowed in connection with the Chicago university, the salary to be 25,000 per year, and that President Harrison will be invited to accept this position sand lecture at least twice a week to the studeuts of the Chicago educational institution Cunicago, 111, Feb, 27.—The report that President Harrison is o lecture on constitu tional law at the university of Chicago, was denied today at that institut New says s Killed Two Claim Juhipers, Pu@s1x, Ariz., Feb. 27.—~In the placer dis trict on the Hasayampe river a man named Michael killed two Mexicans who tried to Jump his elaim, | time of the present | put the crowd GAUGING - THE -~ GLADIATORS Griswold Makes the Rounds of the Training Quarters Near New Orleans, ALL THE FIGHTERS ARE IN FINE FORM Ryan and Daw Have Hoth ¥ Sick, but Not Serlously Fitzs Smith Goddard In t Heaith, on a Trifle and NEW Onveaxs, La Telegram to Tie By Fob, 97— [Special The Crescent City ar- through- vromiaent and nsequence the directory of Olympic and the Cres- Jubilant and happy. There ubt now but what the dual a suceess, 80 as vulling rate. Mo is 1 an unusuat stiv this evening, us th rivals from all paris of th out the day have been numerous, In « the two clubs, th cent, are fooli is but little ival will b out even is concerned at any complish this, howey uphill job for the cont, country both fax ac- e, will Olympic more of an than the Cres- indicates that the larger percontage of the prospoctive crowd will hold for the biz #0000 mill botween Hall and Fitzsimmons.” Alveady the sale of seats for this event assures o tremendous ate Many of the losal enthusiasts predict more people then were here last Sop- tember to witness the fall of the big fellow. The four events under the auspices of the Olympic aggregate in purses the sum of £19,500 und add their expenses to this and it will foot up nearly double this figure. They are confident of pulling out sq but in- vestigation doos not fully justify this exy tation for everything Not Up to Itigh Water M Of courss the city is tolerably with strangers, from thoe east, west, yet notwithstanding the doing a rushing by ss ard that all sporting are jammed there s nothing that were month well north filled and are the with like upon - the as 1 have within the tion that the 1ted like it was then. There is not existing a curiosity of the magnitude and macnet hotels sin. resort strangers the masses same seenes six always claimed, it a0, and will not bo genc sporting world is again awi power of John Law- When Mitchell and Corbett meet heve, for they surcly will if they meet e dtis @ bold judze indeed who will onalevel with that which gravitated here to see Pompadour Jim punch the big Boston pudding, 'he Ryan-Dawson contest, which comes oft Wednesday evening, is creating more exr ite- ment just now than all of the events of the two clubs combined, by reason of the tre- mendous influx last night and this morning of the Ryan cohorts. For the time being the great fight between Hall and Fitzsimmons has sunk into insiguificance. rence Sullivan anywh et Tommy Ryun's Chances, Ryan is a hot popular favorite here, but it should be remembered that Billy Meyers was, 100, popular. Prejudice daes not win fights, as I have seen demonsteated thue and time again, In this instance, however, I do not think the public is basing its opinion on anything but the solidest of foundations, - I was with Tommy 'l yesterday afternoon at his training quarters at Bay St. Louis, as lovely a spot a8 was ever polluted by the foot print of a prize fignter, a ver- itable tropical paradise overlooking the ‘tumultuous gulf and fanned by the indolent but life-infusing breezes from the West Indian ocean. ‘The big spreading oulks in their dark rich enfoliation, the tall mag with their glistening waxea, ob- long leaves, great thickets of clambering rose, banks of flow s jessamine, clematis and juponica, the blue canopy with its lacy network of scurrying clouds, and the far- stretehing bay, dotted here and there and everywhere with the white-sailed eraft of the fisherman and oyster catchers, make a scene of gefitle picturesqueness that people of the north know nothing about. All n Fighting ¥ I went up in company with Presilent Noel of the Crescent ciub, J. J. Foster, the club press agent, and & number of other gentle- men. We also took in Scranton, where Ed Smith is putting on the finishing touches. Biloxi, the abiding place of Goddard und Dawson, and and number of other notable points We found ali of the fighters, with the exception of Dawson, in fine form, the lattershas had a rather severe tack of dysentery, which has given him a haggard and worried look, but he is recuperating t and expresses a belief in his perfect fi s by day after to- morrow night. This circumstance, however, has been suflicient to again change the bet~ ting, and this evening it is 4 to 5 in Tommy’'s favor, and last night in the old slave mart of the St. Charles bar a bet was made on the strength of the above fact of §200 to %1,000 that [ son would not face Ryan in the ring Wednesday night, but this is all right, Dawson told me himself that his afiliction was but temporary and slight at its worst, and he would be on hand, much to the regres and chagrin of this section of the world I never saw Ryan looking better, although, if the truth were known, he has been suffer: ing a lot with his bowels too, but today he is as sound as a new dollar. He looks a trifle drawn about the nd small of the body, but the way he | big Henry Baker about for the benefit of his visitors convineed all that he is as fit as human skill can make him Up to wit Dawson has been in dition. The salt the past twenty-four hours most excellent con- air agrees with him won- derfully well and yesterday, notwithstand- ing the recent draft on his system, he was one pound over weight and jusi two heavier than the Omaha pet Joe Goddard looks as sturdy as a rhinoc- eros, and just about as pretty. He is taking things easy now, devoting himself exclu- sively to mending his lung power. What Big Lol Says, While at Biloxi I had quite a long talk with Fitzsimmons, who, a8 is ever the case with him, is ready to step into the ring at a moment’s not He is a marvel and no mistake, and it gives a man the shivers to look at him. He weighs exactly 108, and looks much thicker about the hips than ‘when Isaw him last fall. At the uest of Mr, Noel, Johnny Eichardt passed the tape in under the monster's arms about his chest and it showed exactly forty-four inches, al- most Sullivan's measurement when he fought Corbett, His calye have also taken on flesh and he is stouter every way from the knees up. He reviewed the Hall knockout in Australia, laughing 1n a sardonic way, and remarked that there was no period in the careers of he and Hall in Australia when he could not have knocked— the latter out in three rounds. Yet despite of Bob's bluster and brag, even here in his throne, Hall is quoted at even money, and at the ringside will be the favorite. "The sub- stantial element down hére want to see Fitz whipped. but the pickers aud the fancy are rooting and pulling hard for him, I also saw Austin Gibbons, but as he is cutting but an infinitesimal fizure in the ex citement, I didn't waste much time in his bailiwick. £d Smith's Bold Talk, As for Ed Smith he pretends to be bub- bling over with confidence, but it ouly re- quires half an eye todiscern that he is work- ing the racket on false pretenses. He is destined to receive an unmerciful beating. He boldly asserts, however, that he will d feat the Barrier chympign jupy g Bh7