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THeE OMAHA DAILY BEE R —'A'mni‘v W Raitor, PUBLISE TERMS OF SUBSCRIPTION. Daily Bee (Without Sunday), Ose Yea Daily Bes and Sunday, One Year. Eix Montha e Thres Month Bunday lee, One Vear. Baturdny Diee, One Yeat Weekly Dee, One Year. OF Omata, The Dee T Bouth Omaha, Sin Counefl Dluf: Chicago Office, i, Corner N and #th Sts, 1 Sireet Chamber of Commerce. New York, Rooms 13, 14 and 15, Tribune Bldg. Washington, 1407 ¥ treet, N. ‘W. CORRESPONDENCE, ANl communications relating to ne torial matter should be addressed HUSINESS LETTERS usiness letters el to ‘The Be Drafts, checks and postoffice Jaynbie to the order of the company. 1 BER PUBLISHING COMPANY. STATEMENT OF CIRCULATION. George 1, T . mecretary of The Bee Pul being duly sworn, says thi er_of and o Morning, Evening and ring the month of Janua should be company All addre printed ¢ 1 18 19 B 817,510 6,274 *Sunday. Bworn to before me o ence this 24 day of verything comes to him who waits.: Martin. The president must have taken a day off to attend to Nebraska. iy Mr. Pullms spect for the law is most abstrusive when the law is on his side. For cndorsements (hat endorse with the present administration, apply to J. Sterling Morton onl or cou paid that a year ago il Inspector Hilton 000 into the state treasury by mistake. The late ve inter- fered mo I the mails than the Chi- cago strike during its whole career. The members of the Douglas delega- tion who are home for a visit are ap- parently the busiest men in Omaha just at present. Lincoln’s birthday and Washington's birthday are just ten days apart. Feb- ruary Is the month of the birth of great presidents. The members of the finance commit- tee of the city council must not be per- mitted to forget their promise to act on ‘the quiestion of salary retrenchment. Members of the Wyoming legislature cease drawing pay next Saturday. Less than 100 bills have been disposed of. It must be conceded that far greater damage might have been done. Today is Lincoln’s birthday. It will be appropriately celebrated in many cities by patriotic assoclations and should be reverently regarded by every loyal citizen of the United States. If the managers of -the Midway Plaisance only succeed in getting all the Omaba frenks corralled in one building they will have organized a show to which the original could not hold a candle. —_— The president will have the consola- tlon of getting ahead of congress at least once this session, and that will be when the terms of the congressmen ex- pire by limitation while his has two years more to run. There would be a At many more candidates for the position of county «emmissioner were it not for the un- fortunate fact that most of the states- men out of a job do, not live in the prescribed district. We may be sure that the syndicate that is to take the new bond issue has #figured out a prospect of fair profits on the transaction. Foreign investors do mot usually let their sympathy for the United States get the better of their business principles. Omaha will this week be called upon to entertain two conventions of state or- ganizations, one of traveling men and the other of teachers. Omaha will show the magnitude of her resources by extending every hospitality to both conventions at the same time, — One of the first results of the location of the state falr at Omaha will be the extension of the street railway system to the new fair grounds. This should be begun as early as possible so as to supply spring work, which will be ap- preciated by loeal workingmen. Chadron s determined to have a beet sugar factory. The people of that city see the lwmportance of building up an Industry that will give employment to many men, will enhance the value of land in its vicinity, and will encourage the planting of a crop that nothing but extreme drouth ean injure. — The people of Nebraska had to wait for that brilliant legal light, Mr. Hilton, for the opinlon that the gasoline inspec- ‘tion fees collected ever since the state ofl Inspection law went In force were llegally exacted. And Mr. Hilton him- self had to wait until he was out of office before making the discovery. All of which Is methodically accidental, ‘We believe the members of the Board of Education, after thinking watters over, will persuade themselves to rest content with the 7-mill levy which the council has accorded them toward the malntenance of the schools the coming year. ‘The plan of compelling the council by mindamus to make a larger appropriation should be ubandoned for the present, If It was ever serlously entertuined. If the school board and clty couneil want to compete let thewm compete for the best record of ecouowmy snd retrenchment JUDICIAL INCOMES AND THE TAK. The point has been suggested In sev- eral quarters that the new Income tax Iaw, insofar as it attempts to subject Judicial incomes in excess of $4,000 to federal taxation, is of doubtful constitu- tionality. The constitution of the United States provides that the judges, both of the supreme court and of the inferior courts, which congress may establish, shall receive for their services “a com- pensation which shall not be diminished during thelr term of office.” The object of thus protecting the salaries of judi- cial officors I8 to prevent congress from attempting through its control of the purse-strings to exert an improper influ- ence upon the fountain of justice, and it is an object which must always com- mend itself to all who see in an inde- pendent judiciary the bulwark of our civil liberty. A tax on judicial incomes must diminish the compensation of fed- eral judges, If congress can take 2 per cent of the excess over $4,000, so the ar- gument runs, it ean take 100 per cent of the whole income and control the judges by an arbitrary power. Still worse, judges are disqualified from passing judgment in s in which they them- selves are interested, so that it is impos- sible for any of them to decide the tax on their own incomes to be unconstitu- Irom this point of view the new income tax law is not only unconstitu- tional but also blocks the sole avenue by which its constitutionality can Dbe tested. This argument against the validity of the income tax law must be admitted to be Ingenious. But is it sound? Does the constitutional guaranty of judicial incomes include exemption from taxa- tion? Those who claim that it does have overlooked another clause of the consti- tution which provides that all duties, imposts - and excises shall be uniform throughout the United States. The in- come tax is an excise tax. The supreme court has itself repeatedly construed it to be such. It must, therefore, be uni- form throughout the United States. Uni- formity does not mean that it must bear on all persons alike, nor that it must be imposed at the same 1ate on all in- comes. It means it must be the same for the same kind and amount of income without reference to the residence or the individuality of the owner. It means that a judge with a $5,000 salary must pay the same an attorney whose practice nets him the same sum. The danger tha may by taxation abolish the salavies of Judicial officers is therefore altogether imaginary, for it could not tax the in- comes of judges any heavier than sim- ilar incomes of all other classes. As to the federal judge being dis- qualified to p: upon the constitution- ality of this part of the income tax law, that, too, is pure imagination. Even were it considered an impro- priety for one judge to decide a case brought by another in resistance of the income tax because that decision would be a precedent for a suit of his own, should he care to bring one, there is a different way in which the same result may be accomplished. The con- stitution applies the immunity from diminution of compensation not alone to judicial officers, but also to the president of the United States, whose salary, it says, shall neither be increased ‘nor diminished during the term for which he is elected. The new income tax law hits the president harder than it does any of the federal judges, and if the president should think his con- stitutional rights have been infringed there is nothing to prevent the mem- bers of the supreme court from inter- preting the law and the constitution in a cnse on all fours with their own. The chief difficulty would be that if they declared the tax inapplicable to the president’s salary they would, in reality, De increasing his compensation compared with the compensations of other persons, and that would be just a8 unconstitutional as diminishing it. To sum up in a word, an income tax cannot be levied constitutionally unless Judicial incomes are included. OH10 REPUBLICANS HARMONIOUS. As it Is possible that Ohio will fur- nish the next candidate of the re- publican party for president of the United States, it is interesting to learn that the party in that state is united and harmonious. There have heen in- timations that such was not the case. congress THE OMAHA DAILY BEE: tlon without serlous opposition, his ele- vatlon to the senate would not in the least help his chances of obtaining the presidential nomination, while it might injure them, Garfield was elected to the senate In 1880, and a few months later was nominated for the presidency, but he was not a pronounced candidate for the presidential nomination when chosen to the senate. Ohio then had a candidate for the presidency in John Sherman. McKinley, however, I8 recog- nized not only in Ohio, but throughout the country, as a possible candidate in 1806 for president of the United States, and it manifestly would be a political blunder for him to divert attention from his position in this respect by making a race for the senate, particularly if it should involve any contest.” To do this would inevitably be to put himself in the light of a persistent place secker and lose him the confidence and the respect of a large body of republicans. No one at all familiar with the politieal record of Governor McKinley could for a moment assume that he would make any such mistake. republicans of Ohio will make no mistake if they send ex vernor Ior- aker to the United States senate. He has established an indisputable claim to the honor by faithful and valuable party service, his republicanism is of sterling quality, and he is a man of fine ability and unquestioned integrit EIGHTEEN DAYS OF CONGRESS. The life of the present congress will end at noon on March 4, so that but eighteen working days remain to it. This will be ample time in which to dis- pose of the appropriation bills, and it now seems probable that very little will be done beyond this. It appears that members of both houses have settled down to the conclusion that it Is idle to make any furth ffort in the direc- tion of currency legislation, and it will be a relief to the country if this shall prove to be the case. It is perfectly plain that with the great diversity of financial views in this congress noth- ing can be accomplished and to give the country a much desived rest from agitation on the subject of the currency is what should be done. Legislation authorizing the payment in gold of the new bonds would save the government over half a million dollars in interest annually, but it is the opinion tnat even this cannot be had. Tt 1s still quite pos- sible, of course, that some one who thinks he has found a solution of the financial probler; will introduce a bill, but it is pretty safe to say that no measure of this kind can get beyond the committee stage. There arve several matters of impor- tance which may not be finally acted upon by the present congress. The bill for a uniform system of bankruptey is one of these. The measure which passed the house some time ago, pro- viding for voluntary bankruptcy, has been so amended and charged in the senate as to be practically a new bill. It may rench a vote in the latter body, though it is in the power of the ad- vocates of the principle of involuntary bankruptey to prevent this, but ifit should pass the senate it is questionable whether it would go through the house and if it should reach a conference its failure for want of time is quite prob- able. There is reason to doubt, also, whether the pooling bill will become law. The vital weakness of that mes ure pointed out by Senator Chandler can hardly fail to lose it support, unless it shall be amended, as that senator has suggested, and to do this will be to send it bnek to the house, where it may be subjected to another prolonged debate. It was the intention to push the bill through the senate without amendment, leaving it intact as it came from the house, but the senate could not ignore the dangerous feature brought to its at- tention by Senator Chandler. The fate of the Nicaragua canal bill in the house is uncertain, with the chances believed to be against it. This is not because there Is a majority in the house un- friendly to the enterprise, but for the reason that there is a strong sentiment against involving the government in it financially, especially under existing conditions. The free ship bill, which proposes a policy for building up the merchant marine, to which the president is committed and which he hoped to see adopted, will probably not be again heard of in this congress. There was Reports have gone out of differences among the leaders, and it has been said that Governor McKinley and ex-Gov- ernor Foraker were not upon the best of terms, owing to the fact that both aspired to succeed Calvin 8. Brice in the United States senate. It is perhaps needless to say that these statements were of democratic origin, and, as it seems, were entirely groundless, except so far as they related to the candidacy of ex-Governor Foraker for the national senate, According to Congressman Grosvenor, Governor McKinley is not a candidate for the senate, and will Interfere in no way with the purpose of the republicans to confer the honor upon Foraker. The Cleveland Leader, which Is in the con- fidence of Governor McKinley, also says that “it may be stated upon undisputed authority that vernor MeKinley is not now, and never has been, a can- didate for the senatorship,” and it Is further stated that it was very recently declared himself to that effect, saying that nobody had authority to use his name in connection with the office. Fur- thermore, the Leader declares that, while McKinley is In sympathy with the effort to send Foraker to the sen- ate, the latter is of the opinion that Ohio should send to the next national republican’ convention a solid and en- thusiastic delegation, pledged to the support of McKinley for the presiden- tial nomination. "According to the same excellent authority, there are no fac- tions in the republican party of Ohio, and, If this be so, it ought to have no difficulty in winning another signal vie- tory this year. There is no difficulty in believing the statement that McKinley is not a can- didate for the United States senate. It would not be ereditable to his polidcal Judgment if he we Admit that he would be the preference of the repub- licans of Ohio It he desired the senator- ship aud that be could secure an elee- | never any chance of passing it. There is a very general feeling that with the ending of the present congress there will come a sense of relief to the country that will have a most decided effect in restoring confidence. Although there was a degree of assurance in the divided councils of the party in power, that no legislation of a very mischicvous nature could be passed,still the financial and business interests of the country could not entirely free themselves of ap- ension. That feeling Is passing away and will wholly disappear when this congress ends. SUCLID MARTIN, POSTMASTER, Buclid Martin, Postmaster! That is the way postal notices sent out of the Omaha postoftice will be signed 80 soon as the pomination just sent in to the senate by President Cleveland shall have been confirmed. The postmaster- ship is the most lucrative local federal position within the gift of the adminis- tration, and in conferving the office upon Mr. Martin the president rewards a staunch supporter, who has persistently devoted his political talents to the Mortonian fortunes, and with unwaver- ing fidelity has sacrificed himself on the altar of democracy even to the point of voting the Sturdevant ticket at the election last fall, and at the same time emphasizes his unconcealed disfavor of the Bryan wing of the party. The appointwent of Euclid Martin must be taken as an official endorse- ment of the “straight” democratic or- ganization of Nebraska, as against the regular democratic state committee, which Is under the control of the free silver faction. It doubtless means that the plans have been laid for the re- capture of the party machinery by the “stralghts,” and that in their efforts they will have the undivided support and active encouragement of the whole federal brigade. To Mr. Martin we extend congratula- REPESC R e tions, Wetent confident that the busi- ness of the Omaha postoffice will con- tinne to be efficiently administered Lunder the supervision of the veteran assistant postmaster, Mr. Woodard, not- withstanding the refusal of the authori- tles at Washington to properly recognize his long and meritorions service by pro- motion. If Mr. Martin will confine him- self to the pro forma routine of the office and leave the rest of the work to the able assistant, he will do all that is expected of him by the patrons of the postoffice. Some of the-Washington political prog- nosticators Lgve it all figured out that on the retirement of Justice Jackson Secretary Carlisle I8 to be promoted from the treasury to the supreme beneh. They think that such an arrangement commends itself to the president as re- lieving him of weak member of the cabinet and giving him a strong justice of the supreme court. It must he re- membered, however, that during Presi- dent Cleveland's first term of office the name of Mr. Carlisle was seriously con- sidered in connection with the vacant chief justiceship to which Mr. Fuller was afterwards appointed. That ap- pointment was not one In which territo- rial considerations exercised the most in- fluence and the failure of Mr. Carlisle to receive the place can havdly be as- eribed to the fact that he happened to reside in Kentucky. Whatever objec- tions then turned the tide against Mr. Carlisle must exist no less strong now as before. It may be that President Cleveland sees in the altered circum- stances a reason to change his opinion, but should he elevate Mr. Carlisle to the supreme bench now he will be stamp- ing his former judgment as mistaken. Today is the eighty-sixth anniv 3 of the birthday of Abraham Lincoln, who was born in the little village of Larue, K February 12, 1809. The humble origin: of this illustrions Amer- ican, his acquaint with toil, hard- ship and privation, the persistent and successful struggle he made to elovate himself intellectually, his inestimable services to his country and his martyr- dom when the great contest for the preservation of the union had been won —all this is familinr to his countrymen and constitutes an imperishable part of the history of the republic. The char- acter of Abraham Lincoln will be most interesting and instructive subject of study and it will forever stand, equally with that of Washington, as an example of the loftiest patriotis and the tryest:devotion to duty. The annive ry" of the Dbirthday of this great man is widely celebrated and it will be moge ggnerally commemorated in the futudg, Np ahniversary can better serve the 't of instilling patriot- ism into th§Mmigds of the people or of teaching th@yough of America the value of leading industrious and upright lives. The young regublic of Hawaif is ex- periencing stirring times. The incidents attending the récent attempt at revo- Iution by the rayalists have Dbeen: fully reported T The Bee's dispitéhes. The action of the goveérnment i’ prescefibing penalties for those found: guilty of high treason, and the punishment that must be visited upon such offenders, will make Honolulu a center of attraction for some days to come. The Bee an- nounces with pleasure that it will soon be able to present special letters of correspondence from that sea-washed port, from the-pen of Mr. William Pres- ton Harrison, whose letters will sup- plement the news matter afforded by the Associated press. Mr. Patric] ment director of the Union way can be attributed to Senator Man- derson’s influence in the Cleveland household. The position is one of honor rather than emolument, and Mr. Pat- rick’s selection will be approved by the old school democracy hereabouts. k's appointment as govern- cifie rail- The legislative committees are now making offieial visits to state institu- tions. Let them investigate the item of coal supply and learn, if possible, why it is necessary for a state institution to burn as much coal in midsummer as in the dead of winter. The Mountain Comes to Mahomet, Courler-Journal. Though none of us has succeeded in get- ting up to the North Pole, the North Pole seems to have been more successful in get- ting down o us. e The Oue Sufe Globe-Democrat. According to the report of the house com- mittee having the matter in charge, the war claims now pending against the govern- ment aggregate HOW.00; and the best way to dispose of them would be 10 pass a bul rejecting them all on the ground that the grass has long ago grown over the probability of their horysty. Eankers Pay the Piper. Chicago Herald. The treasury gold wreckers are paying a high price for thelr fun, “The bonds which were bought for 117 have fallen to 114%, 2% cents on the’ dallar, in cons the loss of gold by the treasury and foar of silver paymeuts; - In attemp'ing to crip- Plethe soveramunt, In orderio make an nfinitesimal ip. on gold, they have iw nfs off the value of every knocked 2 or & ger dollar in bondsthat they own. Duty Gf the Authorities, Kanguh City Star, The country” hys' behaved nobly in re- gard to Nebraskd, and uri 0’ pai ticu- lar has made & mdst generous .ecord, Ne braska should respond, not in formal thanks they are not.asked—but by .rganiziog system of ul.u;\hg\’,un which shall put ey- e e of ery pound ‘of Fafdy where it will 'y ihe most good, and lving the donors infor- mation, generill¥, Tif ot specially, their bounty iwidois good. The state gov. ernment of Nebraska should s:e to this, T ’ § to Arbitrate. 5o Herald. Judge Gronlogp,"&ux plainly Intimated that the contemnpt burt shown by Mr. Pull- pan ey ‘llul&cnd‘]\‘lm \he, trial in"which he has iefused, called. to appear a o witihcss. Ar: PUllhan canniof remats. for ever out of reach of th: United States court, A poor or abscure man resisting 115 writ ‘would be brought to bar speedily, It is ereditable to Judge Grosscup that he will not permit Mr. Pullman's conspicuous- ness or wealth to lend him speclal distine. ton ‘Which other cltizens of the United States do not enjoy. that TURSDAY, FEBRUARY 12, 1895. THE CARLISLE SURPLUS, Philadelphia Inquirer: Mr. Carlisle 1s sald to feel very keenly the contempt with which his official communications to the senate are recelved, and we can well imagine this to be the fact. But it Is not the senate’s fault that its members rest no confidence upon his pre- dictions. Of all the revenue prophecies which he made not one that was of vital importance has been realized. New York Times: Mr. Carlisle must answer the questions of honorable senators about the finances. Undoubtedly he must glve the best answers he can. Of course, too, his fatal gift of untimeliness compels him to put in his answers when they will most obstruct the president’s policy and do the most harm. But in December, 1893, the secretary was unable to guess within $41,000,000 of the year's deficit. If his es- timate of $22,000,000 surplus for this cal- endar year is subject to a like correction by the fact, there may be a deficit of $19,000,- 000. It would seem that there need be no great rush about Information containing 200 per cent margin of error. Philadelphia Press: Although the national treasury paid out In January $9,000,000 more than the revenue received, Secretary Carlisle guesses that the surplus for the whole year 1895 of government recelipts over expenditures will be exactly $22,603,000. The secretary of the treasury has been a bad guesser from the start. His cstimates have never even approxi- mated the actual result. He jauntily talks of a surplus with a monthly deficit confront- ing him at the same time that Senator Gor- man assures the senata that the condition of the treasury is critical ‘and the deficlency $100,000,000. Carlisle as a financier has been absurd from the beginning, but his reporting a surplus on the strength of his imagination solely would be amusing If the situation were not so grav PEOPLE AND THINGS. Some members of congress favor improved clrculation to the extent of making a motion. Evidence is piling up hereabouts to prove that the longest petition does not always pluck the persimmon. The allegel petrified glant recently dug up in Kansas arouses curlosity because no one has discovered what brand was blown in tho bottle. A Buffalo man who ventured out during the late cold spell collided with a telegraph pole and smashed a cake of his breath. The impact wrénched his teeth, Dan Emmett, author of “‘Dixie,” is to have a reception and testimonial soon from the confederate vets of Washington. He will be 80 in May, and first sang the song in 1843, Reform has not worked in vain in New York. During the blizzard the breath of the average man turned into icicles on his lips. Heretofore it was explosive in ten- dency. Baron Munchansen’s welrd recollections of Russian winters, when steeple vanes were used as hitching posts, are regarded in the blizzard section of the Atlantic const as more truthful than picturesque. Those misguided women who are about to invade Washington with a thirty mile pe- tition might learn something to their ad- vantaga by consulting Chicago's eminent but retired statesman, Frank Lawler. Mrs. Hetty Green, she of the sixty mill- ions, prayed in Trinity church, New York, that the iegislature might be moved to pass a bill she is Interested in. Mrs. Green got into the wrong pew. Platt is a Presbyterian. Ex-Mayor Hewitt of New York speaks of the present situation af Washington as “a spectacle of ignorance, idiocy and positive lunacy;” and, being a democrat, he has a right to speak his mind in that free and em- phatic manner. s Great Britain fs anxious for international arbitration and wants to try it on Uncle Sam. In the little difficulty with Venezuela Great Britain agrees ~ with _ Pullman, “there is nothing to arbitrate.”” With John B. the value of arbitration depends on the size of the other fellow. Judge B. Rockwood Hoar was, like his brother, Senator Hoar, a typical New Englander, imbued with the Puritan spirit. Naturally he never liked Ben Butler, and he scored Wendell Phillips for supporting him. After Phillips’ death, when asked it he would attend his funeral, he replied: “No; but T approve of it."” Cy Warman, the warbler of Creede, nar- rowly escaped being a passenger on the Elbe. His ticket was purchased and his berth engaged, but he failed to connect at the last moment. Providence and a railroad aceldent having sparead him, it is expected that in his gratitude he will spare mankind another epidemic of Sweet Maries. A Pennsylvania patriot who has introduced a blll providing that American flag staffs shall be American wood, and that the flag itself must be ‘‘American bunting, manu- factured from American wool grown by American workmen,” causes the Philadelphia Press to enter an emphatic protest against the insinuation that ‘“‘American wool is grown on the heads of American workmen.” —_——— NEBRASKA AND NEBRASKANS, There were sixteen inmates of the Otoe county poor house during the past year. The stats encampment of the Sons of Vet- erans will meet at Fremont on the 19th. A wholesale firm has offered to supply the farmers of Custer county with free sugar cane seed. As the result of the temperance revival at Albion eleven people have joined the Good Templars ledge. The members of the various women's clubs at Crete will hold a joint meeting March 1 and_will listen to an address by the wife of Congressman Bryan. The cattle stealing cases against the Roth- wells of Knox county have been dismissed because the prosecution did not belleve it was possible to secure a conviction, Two Burlington engines ran together at Loomis during the storm, but nobody was injured. The thick flying snow prevented the engineers from seeing far enough ahead. Mrs. Patrick McDermott took her three weeks' old child to church to be christened, and when she removed the covering from the little one she found that it was dead, it hav- ing been smothered from being tucked up too tightly. Sam Kurpgeweit, a young man living near Madison, accidentally got his right hand caught in the cog wheels of a horse power the other evening and injured it to such an extent that It was found necessary to ampu- tate the entire thumb and part of the second finger. BdE AT THE DOCTORS DISAGREX, Denver News (pop. Is Mr. Clevelind insane? If he is not he has developed a mania that .borders on irsanity. No sooner was his measure for the fssuance of $500,- 000,000 in gold bonds defeated than he sends another message to the house begging this time for a smaller issus—about $65,000,000, but insisting again that they shall expressly nominato*for thefr payment In gold. Courler-Journal (dem.): Although regret- ting the necessity of issuing bonds at all—a necessity which under an intelligent system of currency would not have arisen—the Courler-Journal, in common with patriotic Americans everywhere who are not preju- Qiced or crazed by free silyerism, commends the actlon of the president in his resolute and effective stand for honest money and good faith, Denver Republican (rep): If the specters of the great departed have power to revisit the scenes of their earthly labors what amusement must have been felt by the shades of the founders and promoters of (his re- public when President Cleyeland’s message announcing that in some dark lantern way ho had just negotlated another sale of bonds running thirty years and drawing 4 per cent ipterest was delivered to congress yes- terday. 1f any president during the first century of the life of the nation had at- tempted such & usurpation of authority as 18 involved in Mr. Cleveland's action in’ this matter he would have been impeached and removed from offico as a traitor to his coun- try. Highest of all in Leavening Power.— Latest U. 8. Gov't Report oal Baking Powder 4BSOLUTELY PURE - s v AT e v o g e A LAND TRADING AT LINCOLN Some Inside Faots ina Deal in Whioh the State Was Swindled, SCHOOL TRACT SOLD FOR HALF VALUE John Steen, Dan Lauer, Frank Hubbard and Augustus R. Humphrey Engineered the Matter and the State Is Still Loser, LINCOLN, Feb. 11.—(Special)—The atten- tion of the present legislature has been sharply drawn to a piece of illegality perpe- trated on the taxpayers of Lancaster county and to a sin of om'sslon on the part of the legislature of 1893 in failing to right a wrong to which its attention was emphatic- ally directed. A prominent citizen of Lin- coln has addressed the following to the chalr- man of the present house committes on school lands and funds: During he session of the legislature of 1893 there was a complaint filed In regard to the frregular manner in which the northwest quarter of section 9, township 9, range 16, east, in Lancaster county, braska, was placed upon the market. Said complaint was referred to the committee on school lands and funds, J. D. Woods being chairman, the committes being au- thorlzed o send for papers and and make report by bruary 1, h sald date on pages 288 and 240, proceedings, you will find sald report and commendations, which were adopted by sald house. Sald report was unanimous, Committee found sald land was illegally sold for less than the appraised value, otwithstanding this the parties holding sald illegal contracts refuse to surrender them. KEx-Commissioner of Public Lands and Bulldings Humphrey authorized money to be received and credited upon acc notwithstanding he was notified by tion, which you can see on page the 'house journal, "of the action ouse, The evidence of this investigation on file with the secrotary of state will show that the land was worth from $75 to $12 er acre, but was fllegally sold for from £ 10 3 par acre. In Justice 0 the. school land fund and taxpayers of this state, 1 enter my solemn protest against this Kind of a transaction and ask your honorable body to look after this valuable piece of land. The house journal of 1893 agrees perfectly with the statements set forth above. John Steen was at the time this report was made to the house commission of public lands and buildings. This was on February 1, 1893, The report says, in part: We further find that the said proceedings (sale of this land) were illegal and con- veyed no title or interest therein to the par- ties bidding thereat, and that the legal title to said land is still in the state of Nebraska. The land was only appraised for leasing purposes, and the difference between the averago cash valuo of the land and the price at which it was sold amounts to $11,760. On February 6, 1893, nothing had been done toward protecting the state's rights in the matter, and Representative Woods offered the following resolution in the house, which was adopted by unanimous consen Resolved, That the attention of the land commissioner be called to the report filed by the school lands and funds committee, as to the N. W. 1 of 9-9 Lancaster county, Neb., and that he be requested to carry out the recommendations of said report. Nothing more has ever been done in regard to this irregular land transaction in which tho state suffered. STORY OF THE DEAL. The history of this pecullar school land dicker is as follows: In early years Elder Young owned an eighty on Bighteenth and O streets, Lincoln. He borrowed state schcol money, giving the state a mortgage for $3,000. This land he subsequently sold, and bought 150 feet fronting on Eighteenth and O streets, and also bought the northwest quarter of section 9, township 9, range 6, east. Then the state released the mortgage on what land he sold cn Eighteenth and O streets, and took a mortgage on the quarter section described. This quarter was a homestead, was deeded, had been on the tax list and €old for taxes. Owen & Oakley bought some in, and received a tax title deed. In some way the state had permitted th's deed to issue without inter- posing. A lawsuit was the result, and it went from the district to the supreme court. Finally, just before the expiration of the terms of office of Cowdry, Stein and Leese, they compromised with Oakley by deeding him the 150 feet on Righteenth and O streets, and Oakley deeded the state the quarter sec- tion, in consideration of $14,000. This quarter section now became common school land. It was a valuable Improved farm, lying within one-half mile of the clty limits. ‘It was badly wanted, but it required a petition of 100 freeholders to get it on the market. Yet the petition was forthcoming. It was signed by State Journal and state house employes, and a few outside of those nstitutions, and presented to the Board of Public Lands and Bu'ldings. It is a well known fact that over half of the signers were not freeholders in the state cf Nebraska. The petition was never certified to by the county commissioners, as required by law, that the signers were freeholders. In fact, it was never presented to them at all. On December, 10, 1800, the county com- missioners received orders to “appraise said lands for leasing purposes,” which they did, appralsing it at from $20 to $33 per acre, The following are the purchasers: Joseph Burns, who was then putting in water plants for the state; Dan Lauer, who was steward at the hospital; Frank Hubbard Who was a farm boss at the same public in- stitutlon, and Fannle B. Wright, who was of said fiving in Lauer's family, and one Robinson, who was a apeculator, and was thers to least under the notice which had been published in the State Journal for thirty days, as follows: Leasing of Common School Lands—Notios is hereby given that on Monday, the 13th day of January, 1801, the northwest quarter of section 9, fownship 9, range 6, east, l Lincoln, Lahcaster county, Nebraska, W be offered at public leasing to the high bidder at the office of the commissioner of public lands and buildings, sald leasing 6 commence at 10 o'clock a. m, and continue until all of said lands have been_ offered, JOHUN STEEN, Commissionér. On the 12th day of January, the third day after Commissionor Humphrey took the oath of office, the land was sold, not leased, al publie sale, and to the parties above named. In order to keep Robinson quiet, ho was given one lot. He soon sold to Burns, and Hubbard sold to Lauer. Today Joo Burns « owns forty acres and the Lauer estate elghty) acres. Stoen's interest, It any, {8 unknown. This deal fs one more fllustration in the way of public looting to which the attention of the present legislatire ls directed, and which the taxpayers of the state have a right to demand that it take action upon at an early day. R — Drowned In Threo Feet of Wat PITTSBURG, Feb. 11.—Mrs, Willlam Sefs fert, wifo of a prominent contractor living at Neville island, a few miles below here on the Ohio river, was drowned teday while walking across the river on the ice. She was carrying one child, aged three years, in her arms, and the other was walking behind her. She had reached the opposite sidb of the river when the ice broke and let them through. Although the water was but three feet deep all wers drowned, JE N Seandal at an Agricaltural College. GUTHRIE, Okl, Feb. 11.—The leglslative committee to investigate tho agricultural col- lege ia striking some sensational testimony, showing how many thousands of dollars was corruptly squandered, positions openly bought and sold, members of the Board of Regents went on long junketing tours at the expense of the institution, etc. The report, it Is sald, will show up one of the worst scandals un- carthed for years in the west. -~ Clgarotto Trust Prosecution. JERSEY CITY, N. J., Feb. 11.—Chancellor McGill has decided to allow the Hiller Bros. of Newarkell to make a supplementary bill to their complaint agalnst the American Tos bacco company, or Cigarette trust, ottt eckitwete) Morning Newspaper Sold. BIRMINGHAM, Ala, Feb. 11.—The Age- Herald, Birmingham's only morning paper, was sold at recelver's sale today to Frank P, 0'Brien, for $20,010. et ol BACK TALK. Indianapolls Journal: Watts—DIid you ever know of any one dying for love? Potts—Once. 1 knew a fellow who starved to death after being refused by an heiress. Detroit Tribune: Magistrate—You say that this man defalcated $35,000,000. Anything ex- about the case? Prosecutor—Yes, his family comfortably circumstance: Philadelphia Inquirer: Quizly—Do trolley cars stop for funcral processions? op for them? Man all they make’ them. New York Weekly: Jinks—Why are you forever bothering me about that bill T owe you? Minks—I need the money. Jinks— Then you ought to be able to sympathize with me. I need money, too. is in falirly the Cincinnatl Tribune: The tall girl mused aloud: “What,” said she, *“can I do to bring the count to his knees at my feet?* The short girl laughed a hollow little laugh, with a dash of bitters in it. *“Sup- pose,” said the short girl, “you drop a dime on the floor.” ‘Washington Star: ‘“Why does Bliggins al- ways Insist on his wife being present when he makes a political speech?'" “Hum—I guess it's the only time he en- {oy8 tne satisfaction of having her do the Town Toples tening.” “I offer thee,” exclaimed the prince in the story, “my crown. WIll you share It with me? The beautiful malden smiled. _“Sure thing,” she answered. “Why shouldn't 1?7 They are wearing men's’ styles in every- thing. Puck: Mamma~—I received a letter from Grace today. Papa—How Is the earl doing now? Mamma—Nicely; he's been sober for two weeks, and Grace has promised him a steam, yacht if he behaves himself until summer. WHY AND WHEREFORE. Philadelphta Tnquirer. He knew that she owned a couple of farms, And he said as he folded her tight in his arms: i ““This treasure I'll take.'" The smart servant maid, as she saw the em. brace, Remarked as she threw her hands to her face: “For the land's sake. HER VALENTINE. Hepburn Johns In Chicogo Times ‘When Betty lifts her merry eyes, ‘And pours them into mine, She knows—for she {s wondrous wise- ‘Who 18 her valentine. But though T stroke her silky hair, And clasp her slender walst, She'll smile—her smile is passing fale And say I have no taste. She'll let her little fingers lie In mine whene'er we part, And still she'll say—she 18 80 sly. I haven't got her heart. When Betty lifts her merry eyes, And pours them’ into mine, I know—though I was never wise~ That I'm-her valentine! Good as Gold--- WNING. 17y, $$?EIMM! cwrm:fi“q Your Money's Worth or Your Monzy Back, & Cleveland has a good deal of trouble keeping his gold athome, but he don't have any more trouble about it than we do keeping our suits, Why? Simply be- cause we are good---we do |not fake. Everyone knows we have the treasures and they want them, When we say a suit is worth so and so it's worth just that much, for our word is as good as Men's Sults WORTH $ Men's Suits WORTH Men's Sults WORTH WORTH § 6.50... WORTH 8.5 WORTH 10.00. 1 Men's Overcoats i Men's Overcoats Men's Overcoats Men's Overcoats Child's Oy Boys' 2-piece Buits WORTH $2.60 Boyw' 2-plece Sults WORTH 2.00 Boys' 2-plece Suits WORTH 3.5 350 Boys' 2-plece Buits WORTH 4.00 4 00 Boys' Ulsters WORTH Boys' Ulsters WORTH Toys' Ulsters WORTH Loys' WORTH 82 50 .00 Reliable Clothiers, N, W, Men's Sults WORTH 10,4 onts WORTH Child's Overcosts WORTH 3.0 a government bond, We've arranged a grand sale for tomorrow and next week, e @ 7,00 0. 5.60 .. 10.00 0. 19 50 WORTH § 8.50. s Ulsters WORTH 10,00, 1250, 15.00.. $2.60 WORTH oy long pant Suits WORTH 6.0, & pant Sults WORTH 1.4, pant. Enits WORTH 8.80, no. $3.50 We will be open every day from 8 a. m, to 6:15 p. m, and will guarantee to give ycur money’s worth, BROWNING, KING & CO, - Cor. 15)h and Douglas.