Omaha Daily Bee Newspaper, March 1, 1893, Page 4

DAILY BEE Fditor. THE ¥ ROSEWATEY PUBLISHED EVERY MORNING. 10N, » Yonr TERMS OF SUBSCRIP Datly Bee (without Sunday) O Daily and Sunds One Yeur Eix Months Three Months, Eun Bee, Saturday Weekly Bee, One Yo 10 00 2 60 200 1560 100 Ownhn, outh Or )l N + looms 13, 14 and 15, Tribune Byllding Washington, 519 con All_communications te editorial matter should be Editorial Depnrtment. LETTERS BUSIN All business letters and remittances should be nddressed to The Bee Publishing Company, a. Drafts, checks and postoffice ord puyuble to the order of the ¢ BEE nth Streot. INCE. ting to nows and uddressed to the THE PUBLISHING COMPANY SWORN STATEMENT OF CIRCULATION State of Nobraska, County of Donglas. { Georgo b wrotary of Tie BEr Publishing c the nctual ¢ the wo follows DAILY Bee for 1803, was as Wedne: Thursc riduy, I' TZSCHT ribed In vy, 1403 IRGE 1. Eworn to before mo and e vy, of Jebr . P, FEIL tion —eeeeeeeeeeeeeeeen | CHurcH HOWE is beginning to realize [ that the senate is not the hous 1 day at Lin- ont mileage YESTERDAY was vailre coln. The opponents of a2 rate were out in full force. Tugr action of the house yesterday upon the beet sugar bounty bill will meet the approval of the people. Wiio will now go before the railroad oommittee of the senate and argue the other side of the railroad question? 1st day of March which an ev THIS is the and the very date on quibtus should be put upon any and all efforts of the legislature to count the constitutional amendments in. THE rod Kansas populist house in the decision of the s! court, and proposes to join the vepublican house and puta stop to all nonsense. And the nation will applaud. not yet been the bondsmen of ex-Treasurer Hill or Treasurcr Bartley are responsi- ble for the loss sustained by the state It HAS determined whethe! through the failure of the Capital Na- | tional bank. NEW ORLEANS forced the lotf fraud to emigrate to the South S islands. It should now dump the pr fighters into the gulf. A citizenship that is strong enough to stamp out the Mafia is certainly able to frec i pugs. ‘WHEN the ( horken. Its mombers present a solid fisont and will not suffer that city to be imposed on by the railroads. But it is difforent in Omaha: Very much dif- forent. I7 18 quite possible that some of the members of the senate committee on rail- roads know less about how the great cor- porations are overated than they did be fore the npnwluxx-nnunlnm of managers and general solivitors made its visit to the capital. AND now it transpires that there is a defect in the title of that remarkable amendment recount bill that may prove fatal to it. THe BEE ventures the opinion that the biggest hole in that skimmer has not yet been made pub- lic and won't be possibly until the legis- lature has adjourned. T7 18 to be hoped that the legislature will provide an ample appropriation for the maintenance of the Institute for the Deaf in this city. There has been a dis- position to cut the appropriation down far below that made two years ago. Such action is ill-advised and will not subserve the best interests of the state. | A crry eleetrician in Chicago says that the Bell telephone is by its nature a monopoly, and hence must be tolerated by the people to the end of time. The Bell people arve of the same opinion. Happily, however, there arve high au- thorities who differ with them. There is a decided movement all over this country toward breaking down the tele- phone monopoly, and there can be little doubt of final suc THEannouncement that the Waldenses have decided to leave their home in the Alps, where for centuries they have withstood the fiercest storms of religious persecution, to make a new home in America, again brings to mind that this 18 essentinlly the land of those perse- cuted for conscience sake. Everything | is as free in America today as it was when the wilderness proved more at- tractive to the Puritans, the Quakers and the Huguenots than the intolerance of ecivilization. The Waldenses will | gain a home whero they God as they choose; America will gain | another element of good citizenship, and both will be blessed. GOVERNOR MCKINT above all things else he is a man. Whether his misfortunes financially were such as an ordinarily prudential business man need incur amounts to nothing. The reverses came, his modest fortune was swept away and he is com- pelled to face the fact that his salary as governor is his sole source of income at present. In the meantime many well has shown that meaning pet sons have made offers of ma- | terial assistance. To these the governor replies with true American independence that, although **broke,” he is no heggar and will not shrink from facing the world again in the battle for bread. The energy which placed him in the gov- ernor’s chair at Columbus will not sec him in want long, 8800 500 | inly swoar that | | my lasting | has ac- | ‘ommereial club of Kansas | City speaks out the railroad managers | may worship | THE GOLD OUTFLOW KED. The announcement is mado that the gold exports this woek avill bo light, so that the treasury will be able to neet whatever demand there is without en- | dangering its reserve held for the re- demption of legal tender notes. supply of gold in the treasury available for shipment has dwindled to small pro- portions, but if, as appears, the outflow has been checked it will require but a short time for the treasury to accumu- late u supply that will be ample for its protection. At this time of the year the movement of gold into the treasu is generally active, and while it is likely to he as large this year as usual, | there is reason to expecta steady gain for a time. The sudden falling off in the demand for export seems to clearly show the accu- | racy of the president's judgment that the - | movement was largely the work of specu | | lators who conspired to force the govern- ment 0 issue bonds in order to protect | its gold reserve and maintain its credit. It may ne be definitely known | whether such is the case, but appear- ances strongly indicate it. extraordinary firmness on | of President Harrison bat this movement, which ened toutany time s the treasury of its free gold, and it will be remembered | as one of the most creditable acts of his | administration that he refused to allow the government to bo placed at the merey of what he believed to be an ut- terly unscrupulous conspivacy. He prepared to maintain resumption and protect the eredit of the government by an issue of bonds if the emergency had become imperative, but he proposed to cxhaust every other resource bofore using this one, and the stand he took defeated, at any rate for the pr sent, tue designs upon the treasury. The president showed good financial ment in this matter and at the same time manifested his usual firmaess in doing what he bolieved to be best for the financial interests of the country. It is impossible to say whether new administration will be immediately confronted by another organized effort to deplete the treasury of its frea gold, but the question of fortifying the serve will undoubtedly command it early attention. Buropean countries that have been locking up gold —France, Gormany, Russia and trin—are not expected to that policy it the United States likel, losing gold. What appears to be a pres- | ent cheek to the outflow may, therefore, be only temporary, and pefore the Cleve land administration is a month old it may have to take definite action in this matter. Doubtless it will be prepared to do this whenever the emergency shall arise to make it necessary, there being no question as to the authority of the | secretary of the treasury to issue honds under the resumption act. THE FAILED BANKS. The committee of che United States senate which investigated the affairs of certain failed national banks made its report, and it is carious and interest- ing to note that the causes of disaster in overy case investigated were essen- tially the same. It was found that gen- crally the officers of the banks were neg- ligent or incompetent, and in some cases ishonest. Neavly wrecked tional bank owes its failure to the mis- application of funds by the officers. It isa very interesting fact that with all | the crookedness of bank officers the loss to ereditors of national banks annually for thirty years has been only one- twelfth of 1 per cent. Of course note holdovers have lost nothing. The committee submitted the outlines of a bill for the correction of abuses, the main features of which are limitation of the total liabilities to any bank, cor- poration, firm or person to one-tenth of the capital stock and surplus of the association; no loan greater than $1,000 at any one time to stockholders or officers of a bank to be made except on the au- thority of the president and three- | fourths of the directors in writing duly | signed, or by a majority vote of the directors at a legal meeting; the liabil- ities of stockholders and officers to be recorded in a hook kept for that sole purpose, and false ontries in such book is made a crime. The bill further provides for two general caminers to supervise the local o aminers, and the law as it stands is otherwise amended in the dirvection of greater safoty. The report brings us face to face, say the Philadelphia North American, with the fact that with honest administra- tion of the affairs of a national bank within the law failure is as nearly an impossible happening as may be in mun- dane affairs. The system needs emenda- tion, but even as it stands honest and intelligent methods will secure creditors from loss. Legislation is needed to pre- vent manipulation of the funds of a bank, which are in the nature of a trust, in the special interest of stockholders | and officers. It would perhaps not ba | true to say that this is gener but there is opportunity to do it and | this should be removed. This would be accomplished by such an amendment to | the law as that proposed in the bill of the senate committee relating to loans to bank stockholders or officers. It has been urged, also, that bank directors | should be required to give closer atten- tion to their duties, but it is questionable the to com- thr re- is na- materially improve careless or | petent men. If such men cannot find in their personal interests an ample | incentive to vigilance and a faithful dis- | charge of duty legislation will have no | effect on them. One of the most impor- tant requirements is move rigid bank ¢ amination, the loose and | methods too common making it an easy | matter for vank officers to manipulate the funds as they please. It is undouht- edly afact that some of the most dis- astrous bank failures that have taken | place under the national system might have Oheen averted if bank e | aminers had looked more closely and cavefully into the affairs of the anks instead of taking th | representations made to them by officers, The senate committee found | thut in some cases the examiners were indebted to the failed banks, which was sufficient explanation for their careless- The | not | It required | part | was | judg- | Aus- | abandon | and so long as they continue | to go on | ally done, | | whether legislation can do anything to | incom- | the | ness. Supervising examiners paid by the government to look after the local | examiners and seo that they properly and faithfully performed their duties | would probably provide a sufficient rem- | edy for carelessness and inefficient bank examinations, All these suggestions have before been made to con- gress, but while the necessity for the proposed changes in the law is fully ad- | mitted there seems to be a general indif- ference about supplying them. Of course there will be nothing done in the matter by the present congress. DEMOCRATIC RESPONSIBILITY. The senate of the ited States will | organize as a democratic body on March | 4. Since 1860 the senate has chosen a | democratic presiding officer only twice— | Allen G. Thurman, 1879 to 1881, and Thomas F. B rd in 1881, David Davis, | who presided over the senate from 1881 | to 1883, was a compromise. It will thus be seen that the republican party has )uu] eontrol of the national senate | twenty-cight out of the last thirty-two | yours, and only once during this period has the democratic party had control of both branches of congress at the samoe | time. After March 4 that party will | for the first time since 1861 assume the full responsibility for the administration | of the government. | The democratic party will come into 1 power pledged to certain radical changes from the policies that have prevailed during the last thirty years. Itiscom- mitted to the doctrine that a tariff for | anything but revenue, thatis, a pro- | tective tariff, is not constitutional, and it | has promised to so rey he tariff as to bring it to a strictly revenue basis, JIt is pledged to the vepeal of the silver purchase act and to the revival of state bank issues. It was upon these cardinal principles enunciated in the democratic national vlatform that Mr. Cleveland | presidency and the democracy retained control of the house of representatives and secured a majority in the senate. ys hence the party will take up | the momentous task to which the people have called it, and the' question as to | how it will discharge the duty assigned to it is of paramount intevest. For the | next two years, at icast, the democracy will have no excuse for not carvying out its pled With everything its hands if it fails the fault will b with itself. The indications are that the extreme policies announced in the national plat- form will not all be carried out. | Mr. Cleveland has given sufficient intimation that he does not accept the doctrine that protection is unconstitu- tional. He will undoubtedly urge a thorough revision of the tariff, but not such a revision as would destroy the pro- | tective system. The president-elect, it }WIH be remembered, in accepting the ‘Il'mlillzllillll said that the democratic | 08, party was not a party of destruction, and the idea he obviously intended to con- | vey by this remark he may be expected | toillustrate in his recommendations re- | garding tariff revision. The free traders | will not be permitted to dic! | character of the tariff that M | land will approve. As to silver it is | evident that nothing can be done | until some sort of compromise is agreed | upon, and this will be found very difti- | | cult. The incoming administration will {*unquestionably insist upon the repeal of | the silver purchase law as the one thing necessary to enable it to maintain the | eredit of the government, but it must | offer some very liboral concessions to silver in order to have this done. The number of free silver democrats in the next congress will not be less than in | the present one, and, as has been clearly demonstrated, they will not consent to a stoppage of the purchase of silver with- out some arvangement in bohalf of that metal which shall be as favorable to it as the existing conditions The party is so badly divided on is questivn that it is not easy to see | how it can be brought together. As to restoring the state bank currency Mr. sveland will very likely be with the | eastorn wing of the party, which is op- posed to a return of the ante-bellum bank note. It the impression that the foreign policy of the next admini tration will be favorable to the acquisi tion of additional territory, and it is said that Mr. Cleveland will not frown | upon Canada because of her annexation desire: In this direction the adminis- tration will doubtless have no trouble in securing the support of the party, for this is in line with its traditional policy. The democratic party will come into power at utime when the country is prosperous and growing. It will have a | great opportunity to advance the gen- eral prosperity and promote national progress. It remains to be seen whether it has the wisdom and the patriotism to make the best use of its opportunity. HEALTH COMMISSIONER MERS sub- mits a report to the Board of Health | which makes a most gratifying showing for Omaha. In 1801 the total number of deaths from contagious diseases was 287, against 264 in 18 In the figures are included deaths from consumption, which were eighty-five in 1891 and 109 in ; 1892, an incres nthe | cases of this discase of twent, a of forty total number of deaths from cases, which are veally dre } of their epidemic natu ntage of de equal to cent. There eral sources to which this vesult may bo attributed, but much of the credit is undoubtedly due to the efforts made to clean the city last fall, | when the danger of cholera seemed im- minent. The showing should encourage citizens to things and make them ready to respond more cheerfully to the demand of the sanitary inspector. | And it may bo remarked in passing that it is none too early to commonce cle: | ing up now. IT 18 said that Mr eveland's in- augural address will ¢ontain somo very plain talk regavding the disposition of the offices. notiea will bo | served that merit will ba the only thing considered, and the »0a of wood and drawe of water in the vice of the party may as well mak minds now to the cold fact that long years of party loyalty will not in itself count in the distribution of the four. This ven in the other dis- shows bo Positive was elected to the | holly | number of fatal | | nation should b | of the town whi b appear up their | loaves | time will |m.n-\ and fishos. T¢7# also sald that Mr. Clavo.and willjurge the extension of the civilservice rules do that they will cover pretty nearly all'9f the offices that do | not have to be appointed by him direct. Ho is understéod to be in favor bringing the consular service under these rules and will endeavor to have this done. ExPeltant democrats who are calculatingsom o ‘“‘cloan sweep” of republican officiald are going to be dis- | appointed, if what appear to be trust- worthy reports "¢orrectly represent the intentions of the president-elect. pears to have been sincere in declaring that democratic suceess should signify something else than a redistribution of partisan spoils. Criticism of the new administration by old-line democrats will probably become very earncst be- fore the ides of March have passed. IMMIGRATION dur the month of January of this year foll off materially from that of the corresponding month of last year, and for seven months includ- ing Jihuary the falling off, as compared with the sponding period a year before, was nearly 80,000 Tt is noted that the decrease in January was mainly in Russians and Hungarians, while increase appeared. in Austrians, mans and Italians, with a small dec from Great Britain, It that the obstacle which has been raised to assisted or forced immigration of the more undesirable may account for much of the decrease. The figures are calculated to lieve the anxiety of those who profess to believe that there is something to be feared from alarge inflow of immigrants, and of that other class who from wholly selfish motives would close our ports al- together to the people of other lands. At the rate of immigration for January we should inerease our population from ropean sources less than 200,000 dur- ing the year 1893, and he is a very un- reasonable man who can see in such an idition anything to excite apprehen- sion. ng 0! classes W PRINT the opinion of Hon. John L. Webster relating to the validity of the proceedings of the present legislature when the vote on the constitutional amendments canvassed and they were declared lost, Mr. Webster holds that to adopt an amendment t5 the eon- stitution it must receive a majority vote of the electors voting at an slection wherein such amendment is submitted to the people. There has been an at- tempt to prove: that the two amend- ments must be declaved carried if they received a majovity of the votes cast for members of the present legislature. It is alleged that the recount o was in- stigated for thé purpose of ‘developing the fact that they did such ma- jorit But in view of the letter and spivit of the constitution and the un- doubted legality of the canvass made on the amendment vidte at the opening of the present legislatuve, no intelligent man will contend: that the amendments can be counted in 4t this late day. was receive SAN the FRANCISCO' has. submitted .and will be no more prize fighting in y. Itisevident that the manly art of slugging an opponent till he drops senseless has reached its period of decaden So long as “mills" are carrvied on in the conyersational style now prevalent gmong the hright pa ticular stars of the ring, the only ear that ‘suffers is the publi But there is a vast difference between dinning your prow into the auricular orifice of an unwilling audience and having a husky bruiser bang you with a hard glove. This fact is known to the bruisers better probably than any other, and so long as they can live without working or fighting, gaining a liveli- hood by merely talking, they'll do it. But one by one the cities of the United States are closing down on them, and soon a prize fight of any sort will be as nearly impossible as a meeting between Sullivan and Mitchell. MRr. Cu LAND i3 said very hearty admiration of Harrvison, He is quoted ho regarded General Hi the ablest presidents in ti history of the country, and that he admired his strong will power and his independence of action. There is reason to Delieve that these two distinguished citizens have a warm mutual respect for each other, both having points of character aliko. It is evident that Mr. Cloveland has been giving clo: attention to the Harrison administration, pavticularly with reference to its business methods, and it is very likely that he will en- deavor to emulate its example in this respect. That will be a good thing for the country, which during the last three years has learned the value of a high Standard of efficiency in the public vice and wants it maintained. to have a President saying that on as one of TaEr action of the New Jersey legisla- ture in passing a bill to legalize modern horse racing—wHhic¢h is one of the worst forms of modern ,_u"nhlin:: in that state and then uy,v..- 15 a sample of what an alleged .nL Ikllll’ body may do when it sets its 1 to it. The popular protest that is now sweeping in a wave over the state isMsotless. That indig- bottled until time to 1-~rm.u It would o elect another be effective then 11" all in the! The medical versity at Das By it's done, ‘.-m, of Drake M¥oes nesdod subjects for dissection, same of the faculty went forth to “snatch” them by lantern light, He was caught, 44 now a fugitiv The medical students of the State uni- ty at lowa City "'wanted a subject, s0 thoy sent over ty Dos Moines and bought one, almost at the doors of Drake. There's no moral in this, only facts. gfter ail, uni- They're All Kicking, udron Journal orfolk is kicking over 1 in an alleged 1in 4 recent issue would appear that »se than Chadron And now N the mis- statements contain n Id. 1 Dakota's Divoree Mill, New York Wor'd. Dakota legislature has passed L 2 of at le bringing t extension of usly ath in there for di of | He ap- | Gor- write-up | st six | suit | Y with the oporations of the divorco mill, and it will compol suitors for divorce to “leave o l littlo more money in the state." —_— One ¥ Kearney Hub, Sam Eldor's opposition toward tho corpora | tions—‘first endured, then pit then em- braced." PRy S Justa Com n Nebraskn Wonder. Nebraska Oty News., 1t is announced that the population of No is increasing at the rate of 1,000 per ¢, That is indeed a wonderfui growth but Nebraska is noted for wonderful thin; -— One kxp Washington Gentlemen who contemy inauguration wili hail with delight the in formation that a piece of lemon, judiciously raten on the morning aftor the festivities, will neu ize the breath. while carefully filled with b g Talk el ows, od rgged Up. - Democrat. The Kansas populists will abide the de- cision of the state supreme court, which de clares that the republican house is legal, sband their own house and join the repub: lican body. 'Tis well. War smooths wrinkled “front again. _Once more reigns along tho Kaw. The Kansas re s ended - - Patronize Ho: Norfolk 3 olumbus Telegram's sensiblo tion of the st dmission to and loan as: re- te banking sbraska of ciations are aporoved. Thousands of robbed by these wild The home associations are board in refusing oreign building hereby cordially our people have b cat institutions wood enough - A Plutoerat Defiaed. Portland Oregonian, plutocrat? Whatdoes the word o are questions addressed to an by one of its readers. A pluto- crat, in the modern meaning, is one who thinks the property and business of a country should have some influence or consideration in_its legislation and government. The opposite term is ochlocracy, which means government under the direction of the multij tude who have neither property nor busines interests, but want to live by preying on the industry, business and property of a country. L3ics IND NEBRASKANS, The Kearney Mothodist celebrated its Sunday. Nebraska City business men have begun the organization of a club. incorporate with a et An Anselmo butcher has been forced to leave town because a rival meat peddler dis- covered the hiead of a lumpy-Jawed steer in NEBR. Iipiscopal church twenty-first anniversary on tal of £.000, patrons. B-year-old child of ants who immi e died small- of 1s0 supposed to be The physicians have no fear spread dF the contagjon A mecting will be held at Plainview the next Grand Army of the union shall be held for the distr ing the tounties of Pierce, Knox Cedar, Wayne, Dixon, Dakota, Whecler Holt, In trying to stop a runaway chard, N. Piper had his leg broken between the knee and hip and J. S. Harrod had his ankle badly sprained. The he finally caught, but not until they another team to break loose wo Burlington freight cars jumped the track near Juniata and burst open loaded with wheat and the other with broom , and they rolled down an embankment about _twenty-five feet. The accident was used by the rim on ol breaking. no othe: lone. wo Bohemians direct from the old coun- landed in_Howells tho other day penni- less and st y ten mouthful since had been on the cared for by Howells people that their destination was Odell, w they had relatives, but that by an error their tickets had been made to read Howells in- stead of Odell. Kearney has sc Republic 't compr and team at Bur- ad caused and run into a foaving Chicago were ured a broom factory. Heretofore the n largo broom factory has been in Grand Island, and the raising of broom corn has not received much attention by the farmers of Buffalo county, but it is quite probable a large quantity will be raised in that county the coming season. Tho corn is worth in the fall from $40 to &0 per ton, and those who haye had experience say there is good money in it at those figures, as it grows quite heavy, especially on new break- ing. 1 GIAT ) SOME NOTED MEN. J. Sterling Morton w Hoke pounds. Governor Flower of New York and J. Ster- ling Morton spent their boyhood days in sehool togethe It can never bo said of the Hon. Hoke Smith, atall events, that he spells his name Smyth or Smythe. W.S. Caine, M, P., vresided at a recent temperance meetiug in London and W. E. Abel made the address. There was no dis- nce. The movement for a monument to Com L 1. Maury, tho famous writer on navigation and meteorology, meets with much favor all through the south. President Harrison has placed in thoet of a local real estate agency a thirteen-acre farm near Harrison, O. “lhe farm is for sale. It is said to include a part of the old H on homestead, Mr. Olney, who is to be 10y goneral, is hs 100 pounds, M. mith 265 pounds and W. S. Bissell 300 nds Mr. Clevelard's six-footer and weighs [ y for sev- ri is said to huve been worth $0,000a year. David H. Smith, son of the Mormon prophet, Joseph Smith, has been an inmat of the ‘asylum for the insano at Klgin for venteen He wus a brillisnt man, nd has written a book of poems and one of psalms, the latter being uow in use. Prof. Francis William Newman, brother of the late Cardical Newman, now verging on four score and ten, enjoys fairly zood health, und although comparatively a use iu his home at Weston-supor-Mare, id, maintains an interest in ali that in the theological world. Al Raelift Brinkerhoff of Mansfield will succeed General B. Hayes nt of the Prisoners’ Ai association. I olunteer in the union army and ik of br He has for several years been first resident of the National Prisoner Eng oceurs Gene [8) in a was, almost f first, the vic T Davis' spite a ousy. Bew always held of the confederacy in conte the war had closed and he was fr he was not backward about views of Davis' Ho him as “narrow and timid," General Abram Dally, one of tie few sur- vivors of the war of 1812, died last week of old age, being half way along in his U7th year, For many years he and wther fine old fellow had raised the flag in ew York City on Evacuation day, about a year ago the other veteran died, on the last anniversary the old general not ablo to be present Major “I Halford, Presid te socretary, has aualified as a paymaster in the Uniied Statesurmy. He has purchased his uniform, and will sail for Europe on Saturday, when he will begin the > Lo Speik ssing his and was nt Harri- 1, Morgan and Phelps, ng sea controve commissioners Major > to pay three gentle- rovided with soft places xpense of the United States & period of six months or These J. Stanley Brown, sen-in- law of the late President Garfield, I" Smith and Francois Jones, three clerks in the Sta partment. Besides paying these six people and sceing th properly provided for Major Lige Hal will be required to draw his own salar; will thus have seven people to pay off, and will probably be absent from his home and friends for six months at least upon this | grinding duty, commission who ar Besides Halford w men who hav in Paris at th ernment for ate attending the | 1t 13 proposed to \ could | word the for the purpose of deciding where | Antelope, | were | One was | Brooklyn | but | onerous duty of paying off the United States | nd Hub ‘ that they are | [t | voting for his slaughter house and exhibited it to his | | gove MAIORITY OF ALL RFQU[RI:D What is Neoessary to Becuro the Adoption of a Oonstitutional Amendment. VOTE ON LEGISLATURE WILL NOT DO John L. Webster Constraws the Law Govern- n Polnt-The Jensen Bill and Must Be Void, A Ber man called apon Hon, John L, W stor at his law office in this city yoste and asked him for an opinion as to the legal ity of the proceedings by which the leg ture declared lost tho two constitutional amendments submitted to the people of No braska at the November election. Mr. Web- ster graciously granted the request, and his opinion fully affirms the position Tn By has all along held, to-wit: That the process by which the legislature is attempting to scount™ the votes on these amendments is rand all to no purpose. r. Webster said: reply to your right of the legislaty the ballots cast for ments to the state constity submitted to the peofe at the election, and to take as a crite putation the votes cast fo resentatives at said ol lowing as the result of tion ection 1 of the article of the constitu- tion relating to amendments provides,among other things, as follows Suid proposed amendments shall bo on 1 on the journals with the yeas and and published once vach week in at least one mewspaper in cach county where a newspaper is published for three months immediately precedimg the next election senators and representatives, which clection the same shall be submitted electors for approval or rejection, und if a majority of the electors voting at such elec tion adopt suca amendments the same shall become a purt of this constitution. “1t is quite clear that the cons quires . majority of the elector clection’ to adopt such Phis is precisely what the constitution savs ain it will be seen that, if the framers constitution intended to say thata ty of the votes cast for senators and that should be re amendments, the by inserting afte words (for senatos Then the phrase and if a majority of the nators and representatives at tion adopt such amendments, the shall becomo a part of the constitu- inquiry tou o o cause | inst ion, ung the ccount of the amend- ion fo enator: tion, my com 1 state the fol brief investiga itution re. voting at amendments, majo quired to ado have said so, voting' four representatives.) would have read electors such ele me “T'he fact that the constitution does not so read is a strong argument that it was not so intended *“The reference in the section above quoted to the clections of ors and representa- tives is only used in the constitution as des- ction at which amendments be submitted to the people. tain, therefore, whether amend- adopted, it_is necessary first to whole number of votes which 1 g tion, and unless s vote as cast at wdopted, ments know are the mendment would be majority of all the vote lection, they would not be and if not adopted there is no pow lative or judicial, can properly them a part of the constitution ““The election at which senators and rep- resentatives d tod is the same election under our present laws at which we reneral state office At that time but one ballot is cast, on which are found the names of all ofticers to be_clected, including the nd general state oficers, as well s and representat; “The ticke one ballot box, There is but on: of poll books. In short, it is ono el tion. Now the language of the constitution is ‘a majority of the electc oting at such election.” Who are the voters voting ut such election? Thoy are all the clectors appear there and put & ballot in that box for any purpose, and whose names go upon the poil books as persons having voted. It sems to me that this is the common sense of the thing. 1t s proper to designate a time at which such amendment should be submitted ) the people, hence it w. wred that amendments 'should bo s for senators and r ; The framers of the constitution might e designated the time for the election of members of the supreme court, but they saw it to fix a different time. 1t does not follow that because the election of semators and representatives was fixed, s the time when amendments should be voted upon that it was intended to take the number of votes t for senntors and representatives as be- ing the numberof votes cast atsuch election “This question was ot decldad by tho supreme court of Nebraska in State vs. B coclr, 17 Nobraska, 188 According to_the fucts in that case at'n gencral election there were 134,000 votes cast for go and other state officers. There wero 1 cast for representat there were alf of o amendments 959 votes, “It will be scen that in this amendments did not have a suflicient number of votes to eq y of the votes cast cither for governor or for senators and repre- sentatives, It was not for the courl to determine wh +in that case it would have required u majority of the votes cast for governor or as sen: goes into nd bel tutional the R (L2 SBROWNING, Ki) & Cco. who | d rop- | for | to thoe | slmply a majority of tho votes cast for sen ators and represontatives. As I read the opinion of 4 ajority of the court, howover in that case Fean draw but one conclusion. from the langungo of the opinion, and that #00s 10 the oxtent of showing that it ve- quires & majority of all tho votes cast at the election to adopt amendments It is true that there are found in that case one or more sentences which might be held to convey a differont moaning “This quostion was inciden toin the case of State va Nebraska, 517, but only @ another case entiroly different, so that it does not apply to the question in hand ““Those who belfove that it only re ity of the votes cast for seuators and ntatives to adopt amendments to the rigne that tho w election™ rofer to vlections of senators and representatives by wiy of limitation upon number of votes to bo cast Chere are two answors to ly referred Anderson, tllustrating this suggzes- rst—Such a construction would se rate the olection of senators and x of state oftic cns distinet and separa { elections, although both are held at one and | the same time, and constitute, in fact, but | one cloction. Or, in ¢ words, it would ba to say that we can speak of the election of governor as distinet and separate from tho | election of senators and representatives ; whoreas, this is not true, in fact, and there is no propriety in attempting to make it so for the sake of argument “Second - Ifthe frauw vxmlhn«ulwll',\llhvn had intended to put such « limitation upon the number of voters, why did they not do [ 80, us we have shown how that | could have been understandingly and | specifically | ““Weavoid by nceepting drawn I i m to and treat the s hoereto don: 11 dificulty in the construction he natural conclusion to be the whole contoxt, which is that the election of senators and represonta- tives is refe to only as designating the time when constitutional ameudments shall be voted upon ‘It is my opinion, thereforo, in the e of the con ution, that it requir of the electors voting at to ado pt amendments. - Woelul Thinks A t OfMee Hunters, Washington Post 1t may not be true that Mr. ho didn't tinker's the dem subject it is his thinking flame. g majority election such Clev nd said boom-ta-ra-ra for but uy ind Island Tomes members of the lower house | the legislature who have gained o roputation | for being level-heac A painstaking is | Dr. M. O: Ricketts, the colored member from Douglas county. He vecognized as a gontleman of abiiity colloagues ro- gard him as a good fe Among the is and his 0w IND TOPICAL, Somerville Journal: If all the elocks should striko successtully for an elght hour day the; wouldn’t huve to strike so much L TERS Yonkers State has sman: The curvative of the spyi 4 man Lowell Courier: A train muy be stalled, hut the passengers are often lef out in the cold Cloveland, T In. alors Tt 1 wrong to “hold spite.” That1s why S0 many men hurl 1AL RG other fellow 7 in Detrolt Free Pross: refer to this fold Clork—Because Customer 2 bed as sir, there is o Why do you dunger of it's The donkey is gener- he most stupld of animals, of the fact that it hus the most brayin' powe Atlanta Constitution: Jlied for the I his qualificatio nese luundry six years.” nes has ap “What e patronizing a Chi- Troy Press essurlly a Utle the eri b hed Cleveland Plain D “ealls for a division' to the vote. The successful gambior is n winsonie ehs Observer: Wo are willing to endurs e 16 the girls will agres not (o use ire. alor: When the legis tor e doesn't always rofo Washington St our girls ar to fo; “Iknow why so many 6 unhappy when they are marriod igners,” suid N agked M i 1ough acquainted with their husbands to pronotnee thetr names.” AN APOSTROPHE, Chirago News, gone, 1D of months— 1o and shabby and unkempt. Thy winds blow two ways and thy weathor iy Soven different kinds at onee © ot large, massive and hunged-up Cold from t 0t to mention La grippe, tonsilitis, neu And that tired foeling, Thou hust demanded loches wori in thine honor and mine ak Ger hence then, thou metereologleal sloven! Out of this! Scat! algia, rheumatism Ll Coliin BESIDE THE STAIR. Detroit Free Press. ah! how swoot sho was he stalr ile I held sho was fair)= Said Polly As all wlon We stood i moment, W Her hand and told he bt surprise)— Sald Polly—(wo woro all alo NG== Largost Manufacturors an 1 Rotallors of Clothing la thy Worll. department. department. Store open evory evenin: Saturday el 10 sy Every Boy’s Delight It's the same old kind, but gotten up in new styles—styles that suit the kid—Starwaists, we're talk- ing about. such a beautiful Novelties in eaps and hats for boys are our latest produc- tion—novelties. what say it. | that our children’s depart- ment covers asmuch floor space as does the men’s Doesn’t it seem reasonable to suppose that we offer a larger variety than anybody else who devote one or two counters to the boys. thing that is rich and tasty is brought to us; that's why you see some styles somewhere, and others styles otherwhere and every style in our children’s We had assortment. never You know hat means when we And do you realize Every- BROWNING, KING & CO., S. W. Cor. 15th and Douglas St