Omaha Daily Bee Newspaper, March 13, 1895, Page 2

‘THE OMAHA DAILY BEE: SWEDNESDAY. MARCH 13, 1895 ight. to the property. They say that they presented this proposition to the priest who had been elected by the congregation and who had no right In the premises, but he refused to listen and they determined to_take forcible possession. The other side also claims a right to the property, They admit that it belongs to the Roman Catholic church, but they say that a8 they paid for it with their money they ought to have a volee In saylng to whom the title ehould pass. It is now deeded to Vicar General Choka, and they tefuse to transfer the deed to Dishop Sgan- nell. Since the bishop did not have the deed they claim that he refused to appoint a priest, and that therefore they elected the present priest themeelves. Priest Karminski was raised to the priesthcod by Archbishop Vilatte to earry on the services of the church according to the Latin rite, and they claim that he Is as much a Roman Cathollc as Bishop Scannell The leaders of the Scannell diviston scem to be Joseph Nowicki and Jacob Netzer, with Adam Przanowskl as lfeutenant. — Priest Karminski and Joseph Inda appear to be at the head of the other faction, and the priest claims that he has been threatened fre- quently. They desire to kill him, he says and have held meetings to lay “plans for doing so0, but the bishop has told them not to do this. He thinks that the whole trouble was caused by Nowliski, who, he says, s continually urging on his countrymen to vio- lence. Priest Karminski was arrested in the after- noon and charged with shooting with intent to kil IN THE POLICE COURT. Adam Przanowski filed a complaint against the priest, charging him with shooting with intent to kill Xaver Dargaczewskl. The arrest was made soon afterwards and Kar- minski was arraigned before who relcased him on his own recogniz 10 appear at a time not set. Joe Krakowskl and Jacob Netzel, two men who were mixed up In a side fight, were arrested and released on honds of $100 each for thelr appearance in police court today at 10 o'clock. Late in the afternoon members of the Kar- minski faction appeared in police court and filed complaints against their opponents charging them with various offenses, from shooting with intent to kill down to assault. Those for whom warrants were Issued are: Nick Cherek, Jacob Netzel,s August Netzel zezpanick,, Frank Hajnoskl, Adam i, Frank Ridwelski, Joseph Nowis- . Nikodimis Targaszewski, Xawery Tar- gaszowskl, John Krystynek, Katy Krystynek, Francis Gorlik, Katy Szymanska, Katy N tacajka, John Kahanowsky, John Kenggar, Joseph Nawracaj, Anton Zglineki, Wallency Karbowski, John Kozicki, Tom Cherek and Frank Kobilla At the conclusion of the fusilade an exami- nation disclosed a dozen holes in the wall about the door and altar where the bullets had imbedded themselves. Two of the bullets pierced a statue of the Virgin Mary, but none of the altar pleccs were touched. Judg- ing from their positions in the walls some of the bullets must have passed very close to the head of the priest. WILL SHOOT TO KILL NEXT TIME. “I do not regret it a particle that I shot Dargaczewskl,” sald Priest Karminski yester- day afternoon when In jail. “If T were placed in the same position again I would act In the same way, only I think that I would be cooler and shoot with better effect. ‘When T saw the men in the church I was not frightened, but I admit 1 was considerably excited, and that made me shoot a little wildly. T shot at the men’s legs every time because T did not intend to Kill them, but 1 would do differently the next time. They de- served to be killed, for they entered on my premises like robbers, with the intention of illing me, and I surely have the right to protect myself. They intended to kill me, for I have received several letters threaten- ing my life. Heretofore they did not intend to murder me in the church for fear of desecrating it, or so I have heard that Bishop Scannell has ‘advised them. The lawyers, I understand, have also been urging them to get possezsion of the church by any means. “These things have kept the people, who are poor and ignorant, in a continual state of frenzy, and when their anger cooled off a lit- tle the man Nowliski would set it ablaze denounced by Karminski and his followers. They claim that they are the victims of a conspiracy which, if it is successful, will de- fraud them of their rights, and uader the eir- cumstances they are not willing that the af- fairs of the church shall be administered without their having a voice in it. Karminski said that he was willing to recelve any one who called on him for private or business rea- sons, but he would, with his life, prevent the forcible entrarce to the church of any body of men, and that the list of Injured would number more the next time, as he would shoot to kill. Tie intended to protect the rights of his followers, and the scenes of yesterday had no terrors for him. With the assistanca of his friends he expected to re- tain possession of the church until the supreme court decided otherwise. F. Dargaczewski, who received bullet wounds in the legs, was more severely in- jured than was at first supposed. He was removed to 8t. Joseph's hospital, where it was decided that one of his Jege would have to be amputated. The injured man and his brother refused to allow the amputation to be made last night. Adam Przanowski, who acted as one of the leaders of the Scannell faction, spoke as fol- lows: “As =0on as Judge Ambrose delivered his decre in the case we waited until re- cently for the priest and his congregation to vacate the premises or to appeal the case to the supreme court. They have no right whatever to remain in possession, as the decree is against them. As they neither ap- led the case nor vacated the church we notified them to leave, but no attention was paid to the notice. Therefore, on Monday night we determined to take possession, and {his morning marched to the church with that intention.” sl MANY ODD FELLOWS AT LOUISVILLE. District Mecting Largely Attonded and Enjoyable Time Had. LOUISVILLE, Neb,, March 12.—(Special.)— Loulsville people have been entertaining dele- gates to the district convention of the Inde- pendent Order of Odd Fellows, which closed yesterday morning. In the afternoon a ‘“love feast” was held, at which fifty testified to the good things received from the order. While the men were thus enjoying them- selves in their lodge room the Rebekahs were preparing a feast of a different sort in J. A. Hasimeler's hall. When the south- bound Missourl cific train arrived the visitors from Omaha and other points swere cordially received and marched to the banquet hall, where covers were laid for sixty. Twice were the places filled. Promptly at 7:30 the cevening session of the convention was called to order. The following are some of the visiting_brothers: P. C. Peterson, noble grand, Plattsmouth; R. Dexter, district dep- uty grand master, Ashland; T. W. Shryock, past grand master, Baltimore, Md.; G. W. Fox, noble grand, Springfield; J. P. Gage, grand secrctary, Fremont; G. L. Loomis, superior representative, Fremont; Cyrus Alton, district deputy, Elmwood; C. E. Stevens, past noble grand, Elmwood: B. F. Brown, J. K. Barker, L. Olsen, P. D. Bates, P. C. Hanson, M. S. Briggs, O. H. Suyder, Joseph Fetzer, H. Reichter, L. B. Egenberger, Ed Stamm, Plattsmouth; W. A. Miller, Alvin Ball, R. H. Miller, G. W. Booze, W. E. Miller, Springfield; S. Loring, Bird Critehfield, C. . Paddleford, Elmwood; J. W. Stoll, J. P. Stoll, Nehawka; J. T. Aught, J. W. Rank, Ashland; A. Craig, Wahoo; J. G. Fountain, Merna; O. E. Beecher, Scanda, Kan.; A. Cheldon, Avoca. Thomas W. Shryock, worthy past master, has been a member of the order for more than forty years. He is still a member of Friendship lodge No. 7, Baltimore, Md. The local Rebekahs, with visiting sisters, held a meeting in Hasimeier's opera hall. Rev. Dr. Hobbs, a member of the anclent school, was an interesting and interested spectator. The local lodge has a large, new hall, well furnished and always in good order. It was a great meeting and the local lodge was greatly strengthened and the cause of 0dd Fellowship advanced. Mr. C. O. McDonald and Miss Zoe A. Clifford were married Sunday at noon, Rev. Flemming of the Baptist church officlating. A convention of the Christian Endeavor socleties of this county will be held here on again. He is the one whom I blame for the trouble that occurred today. He has been continually urging on the“people to get pos- session of the church and to murder me. “As to the property, we have a right to be In possession of it under the injunction granted by Judge Scott. I will admit that it is the property of the Roman Catholic church, but it has never been deeded to Bishop Scannell, and therefore he cannot ap- point a priest for the congregation. Conse- quently T was elected the priest by the con- gregation. If the property is ever deeded 1o the bishop I wlill be perfectly willing to step down from the position. I am, how- ever, a8 much of a Roman Catholic priest as the bishop himself. I was ordained by Arch- bishop Vilatte of Wisconsin last August, and I have papers to show the fact. But Bishop Scannell wants to get possession of the property himself and does not waut the con- gregation to have it. When the church was under the care of priests appointed by him the congregation was being continually Tobbed. These acts make me almost ashamed of the fact that I am a Roman Catholic priest WHAT BISHOP SCANNELL SAYS. In speaking about the matter Bishop Scan- nell sald: “All that I know about the trouble that occurred today I have learned from the newspapers, 1 have had no communication with the people who made the attack on the church for a long time and have not advised them in anything. 1 do not intend to take any action In the matter, but as the case has been taken into the courts I will let the lawyers fight it out without Interference. ““‘Although, of course, the people ought to have tried to take posseszion of the church by legal means, I am of the opinfon that they had the right on their side. The decree de- livered by Judge Ambrose placed them in possession of the property and vacated the writ of injunctionissued by Judge Scott. I am of the opinion that those who opposed thelr entrance to the property are in con- tempt of court. I heard that they intended to take an appeal to the supreme court, but 1 do not know whetlier they have even filed thelr superscdeas bond. I do not believe they haye, because they are poor and they will not be able to get any one to go on the bond as there s nothing in their case, As they would neither obey the decree of the court nor apparently take an appeal, the other fac- tion probably decided to take the law into their own hands. They are a poor and ignorant people and very excitable. “I do not recognize this man Kraminski as a Roman Catholic priest. He claims to have been ordained by Archbishop Vilatte, There 18 no such archbishop in the church, There is & man in Wisconsin by that name who calls himself a bishop, but with no right whatever. “No, I do mot intend to meddle In the matter. The congregation may fight, but as the case 18 In the courts I intend to wait until it is settled there.” Early last night a report was circulated that the Poles of South Omaha were Eoing to Sheeley station to capture the church, and that they would be assisted by some Poles from Council Bluffs and the attacking party of yesterday. Excitement ran high and the followers of Priest Karminski flocked to the church heavily armed with revolvers and shotguns. Sentinels were stationed at the wear of the church on the inside and swore 10 hold possession of the church as long as they had life enough in their bodies to make a resistance. SITUATION LAST NIGHT. Three oficers were gent to the scene to pre- vent the re-occurrence of the scenes of yes- terday, and at 11 o'clock the excitement had somewhat subsided. The parties in possession claimed that it was necessary for them to have police protection, and Priest Karminski clalmed that an organized body of the assail- ants was stationed in a house immediately ad- joining the church, and it was his opinion that the fntention of the men concealed in the house of cne hls bitterest enemies was to an opportucity, when the parties in posscesion were off their guard, to make a rush and gain possession of the disputed prop- erty. At a late hour last night the expected parties from South Omaba and Counell Blufts had wot put in their appearance, and no signs of the defeated parties could bo seen In the vielnity of the church. The men stationed in the church, as the hours rolled by and no of the attacking party was seen, began feeling wore cheerful and secure, and fre- guent trips were made to the nelghboring | saloona. As the spirits weat down, so rose the confidence of the party in possersion that they would be able to cope successfully with any attacking party, and thac they would be @ble o retain tho advantage which they had been successful in holding yesterday. The fecling engendered beiween the two factlons over the occurrences of yesterday Is Nery bitter, and Bishop Scanuell was roundly Friday and Saturday of this week. The local organization is making arrangements to entertain all delegate: OLDEST NESRASKA WOMAN DEAD Mother of & Yonea Chiof Expires at the Age of 115. DECATUR, Neb., March 12.—(Speclal) Probably the oldest woman in Nebras).a, and at any rate the oldest Indian womun, died at her home on the Omaha reservation Fri- day at the ripe old ago of 115 years. She was quite a relic of ancient times and was the mother of a noted Ponca chief. She claimed to have the pleasure of knowing tho great explorers, Lewis and Clark, per- sonally. It is known positively that she had in her possession pots, urns and cooking utensils that were used by the Indians at lcast seventy-three years ago. They are quaint looking things and would be consid- ered valuable property in the hands of some novelty shops. She was buried according to white cus- tom and prominent people from the surround- ing country attended her funcral. The In- dians’ mode and ritual for the burial of their dead is indeed peculiar. Fire Chief, who died not long ago, was tendered what they con- sider an honor. His daughter called the people together and feasting was indulged in near the old man’s grave. This is but one of their many peculiarities. ENCE M, CLAR GRAHAM CRIPFLED. s Foot 8o Soverely Crasbod s to Rendor Awmpoutation Necensary. LINCOLN, March 12.—(Special.)—This morning Clarence H. Graham, a printer, lost his right foot while attempting to cross in front of a train of cars on the Burlington road at Eighth and N strects, Being in a hurry, he did not wait until the train pulled out, but crawled between the cars. While s0 doing the engine let up the slack and Graham's right foot was caught between the bumpers and so badly crushed that am putation was necessary at the ankle joint Grabam s 18 years old, living with his grandmother at Eighteenth and W stroets, and at the time of the accident was deliver- ing the daily edition of the Dunlap Court reports. His mother came down from Omaha today in response to a telegram. Nebraska City’s Republican T ot NEBRASKA CITY, March 12.—(Speclal.)— The republicans this afternoon placed the fol- lowlng ticket in the flell: Councilmen, First ward, Cal Chapman; Second, F. C. Nicholson; Third, William Brower; Fourth, Charles G. Fischer; Board of Education, ‘Anton Zim- merer, B, McCallum and R. M. Taggart. The ticket is a good one. 1. Northcutt, a letter carrier, was seriously bitten by a dog yesterday. The animal was Killed. Reuben D. Chureh was adjudged insane this afternoon by the commissioners of insanity, and will be sent to the asylum at Lincoln. The young man’s insanity partakes of a deep batred toward his parents. Tho populists have decided not to place a city ticket before the people at the spring election. While going down morning, W. H and landed at shoulder blade. H. Straw (his morning caressed hjs wife with a coffee pot, pouring the fot liquid down her back. Mrs, Straw objected to such demonstrations of affection and the police were called to settle tho trouble. J. F. Dickey today commenced suit agalnst R, B. Wallace in the county court to recover the sum of $169.02, due on & note, the cellar stairs this Wallace missed his footing the bottom with a broken Keorganization Was 1mposs e, NORTH PLATTE, Neb., March 12.—(Spe- cial Telegram.)—The efforts of the directors and stockholders of the North Platte Na- tional bank, which has been in the hands of a receiver for several months, have proven unsuccessful, 50 far as concerns reorganizing and reopening the bank. Recelver Doolitile will commence tomorrow and proceed to cloke up the affairs of the bank as soon as possi- ble. It is thought that depositors will be pald in full. Walerioo Hrevi WATERLOO, Neb., March 12.—(Special) lex McDougall will farm C. P. Cay & Son's ten-acre strip on Froat street thig year. A uumber of cillzens got out with their smoked glasses tu see the cclipse, but were disappotuted Mrs. A, E. Morgan of lowa City Is visitiag Ler sieler, Mrs. Qeorge Arclier, BARRETT SCOTT BILL VETOED Measure Intended to Permit the Proscoution to Take a Change of Venue. GOVERNOR SAYS 11'S UNCONSTITUTIONAL Points Out the Interference of the Legisin- tive with the Judicial Branch of Gove- ernment and Shows How the Bill of Rights Is Contravened. LINCOLN, March 12.—(Special)—Governor Holcomb declined to attach his official signa- ture to the change of venue bill £o anxiously desired to fit the exigencies of the Holt county case against the alleged murderers of Barrett Scott, and this morning sent to the senate a message in which he gives at length his rea- sons for vetoing the bill. The measure, which was crowded through both houses under the whip and spur of party expediency, Is known as genate file No. 260, It provides that when- ever in any criminal trial in any county of the state the attorney general shall file an afdavit to the effect that the state cannot have a fair and impartial trial in the county where the offense is alleged to have been com- mitted, because of the bias and prejulice of the inhabitants of the county, the trial judge shall proceed no further, but shall forthwith enter an order In the caso naming and designating another county within the judicial district, wherein such case shall be prosecuted and the accused tried in all respects as if in- dicted or informed against in the county so designated. It is probable that the twenty-five repub- lican members of tho senate, or at least a two-thirds majority, will pass the bill over the governor's veto. McKesson of Lancaster moved to that effect this morning, and the matter was set as a special order for 11 o'elock tomorrow forenoon. Governor Holcomb bases his objections to the law solely upon legal and constitutional grounds, After reviewing beiefly the purport of the bill as it passed the legisiature, he con- tinues: Our constitution has wisely provided that the POWCIS of government of {his state Ar divided into three distinet departments, the legislative, executive and Jjudicial, and no person or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, ept as expressly directed or permitted. ATTORNEY GENERAL'S FUNCTIONS, By the provisions of this bill it is made mandatory on the trial Judge to order a change of venue upon the filing of an af- fidavit by the attorney general, as men- tioned In"the act, notwithstanding he may be satisfied that ‘a fair and impartial trial 10 all parties interested may be had in the county where the o was committed The attorney gencral is not by law, save in exceptional cascs, and then only by request made the prosecitor of criminal cages tried in the district courts of the state. His loca- tion prevents him from being familiar with the state of the public mind or of the bia or prejudice of the citizens of the var counties of the state. Hi place of business, in man: , distantly removed from many of the coun- ties of the state. He nec rily must de- pend upon the representations of others in order to arrive at any conclusions, These representations may or may not be reliable, and would naturally come from those morc or less interested. However sincere might be his desire to exercise this right of a change of venue only where the public in- terest demanded, the attorney general might often thus be misied, and it would be plac- ing upon an executive officer a burden and a responsibility which properly, and according to the spirlt of our constitution, belongs to the judiciary. The attorney is purely an executive officer, and yet, by his affidavit and over the objections of a defendant, the place of trial may be removed to a county remote from the place of the alleged of- fense. The trial judge, although convinced that a fair and tmpartial trial may be hao in the county in which the offense was com- mitter, has no discretionary power in the case. Can it be sald that a fair and impartial trial can be had where the defendant, over his_objections, is compelled to try his case in some county remote from his home and among strangers? Ts the trial Judge who sits In (he case to hold the scales of justice evenly balanced to do violence to his own convictions of truth and right by ordering a change of venue without an investigation and judiclal ascertainment of the alleged bias and prej- udice of the citizens of the county where the offense was committed? Tt seems to me these questions should be answered In the negative. BILL IS UNCONSTITUTIONAL. The act in question s also subject to a graver objection, and, to me, an Insur- mountable obstacle, bécause of its conflict with section 11, article |, entitled *“Bill of Rights,” of the constitution, which pro- vides that “In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusition and to have a copy thercof, to meet the witnesses against him face o face, to have process to compel the attendance of witnesses in his hehalf and a speedy and public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.” This is the supreme fundamental law of the land. It a8 been adopted and ratified by the people. The experience of ages has demonstrated its wisdom. The supren court of the United States has aptly said “Undoubtedly the provision securing to the accused a public trial within the county or district In’ which the offense was com- mitted fs of the highest importance, It prevents the possibility of sending a de- lant for trial to a remote district at a this st constitution, u: { fudement s entitled to o distance from friends, amorg strangers, and, perhaps, parties animated by prejudices of a_personal or partisan character It is, perhaps, claimed by the advocates of this measure that the term in the sec- tion quoted, “or district,” is meant to fix a limit of térritory larger thai that of a county—perhaps of a judicial district. But such _construction, ‘in my judgm is not warranted by the langoag , and, happily for the purposes of determining this question, the highest judicial tribunal of the staté has upon three different in the declsions of that body ¢ section of the constitution, and there Is now left ro room for doubt. In an early decision the supreme court fe, in construinz (his section of the the following language: ) the words employed, ‘district only one as to the full purpose qf which there can be, in the minds of any® even a shadow-of a doubt, but this, like the ‘county’ in the same sin restrictive sens: limit and control the exercise of 1 lative and julicial power in the punishment of criminal offend- ors In its ordioary meaning the word ‘dis- trict’ is commonly and properly used to designate any one of the vario divisions or subdivisions into which the state is di- 1 for palitieal or other purposes, and refer either to a congressional, judi- senatorial, reprecentative, school or road district, depending always upon the connection with which it 14 used. In the clause quoted, very clearly it refers to non of these, and although not synonymous With the word ‘eounty,’ yei, by 1ts connec tion with it. the Intention evidently was that they should be taken in a similar ange, and as designating the precise por- tion of territory or division of th® state ove which a court, at any ular sitting, may exercite powcr in criminal matte And such division, by whatsoever name it may be known In legislation, is co-extensive with and practically Hmited by this consti- tutional provizion to that from which the particular term, may les drawn, And this s in entire accord our constitutional syst>m of district ¢ by which one is designed for each or {zed county having eriminal jurisdiction extensive therewit and asslsted by drawn in the ma now provided b from the whole hody of th DECISION ADHF This construction of the section quote been reiterated and adhered to by the su- preme court of this state, the last decision {hereon being as late as the year 1594, Tt doubtless true, as decided by the supreme court of the United States in construing a constitutional provision of another state. somewhat similar to the cne in q that such an act as the ope under ¢ ation d not be unconstitutional A change of venue was ma 1 the dis. trict posed of two _or m Juntie it app that jurors for the lal of crim inal offenses commiticd in one cf the coun- { the several attach cther for moses are chosen from oll the nd, such, 1 understand, by legis- lation, might be made the law in this state But whers th ounty fs settled, organized and courts are held therein, jurors b “ selected from the body of th® county. then the term “district” fs co-rxtensive with tha county, and the construction elven this s tion by the supreme court is undoubtedly word ,is used in Idering this act T have not relied entirely upon my own julgment. 1 have discussed the princiles involved with othe who are learned in the law. and ereat w ably stren the views 1 pinions have iy confirmed me in exnressed, T have not discussed the obiec made with reference to ®on or to any particular ease, [ Aeavared onlv 1o view the subfer i {might be applied to any perzon or to any | criminal case which might arise within the borders of our state, In this message [ have endeavored only to discuss the cardinal principles involved as 1 understand them. 1 regret. th e is scemingly such a wide divergen opinion in regard to the merits of thisflill, and yet, after giving it a most thoro investigation and careful consideration, have no doubt as to my duty, and, th fore, for the reasons given, withhold my dbroval of the bill, SILAR A. HOLCOMB, Governor. VALUED P MY LAW STILL SAFE, House Indefinitgly Postpones a Tl Intended 1o Repeal It LINCOLN, ~March 12 (Special )—The house made good progress today with the general appropriation bills. The ways and means committee had made a report con- siderably reducing salaries, and in some cases cutting out departments and clerk- ships altogether. When the committee of the whole got fairly to work it proceeded to restore these, in most cases, back to the original figures of 1893, Onslaughts were made by economically inclined members on the Bill in the way of reductions, but in almost every case they were repulsed. When the Industrial home at Milford was reached a motion was made to increase the salary of the superintendent from $1,200, as recom- mended by the report of the committee, to $1,600. Kaup said it was time to call a halt on raising salaries. This brought Conaway to his feet. He said that If a halt was de- manded it should have been called long ago. Kaup thought so too, but evidently thought it was better late than never. The total net increase over the committee’'s bill in the matter of salaries {s $26,275 for the blennium. The changes made in the general appros priation bills were nearly all in the line of Increasing the amounts recommended by the committee on finance, ways and means. The first move made was to restore pecuniary life to the Burcau of Industrial Statistics, the deputy labor commissioner and his tant. Six thousand dollars was appropriated for this purpose, $1,600 for the deputy labor commissioner, $1,000 for a clerk and $500 for expenses per annum. An assignment clerk was then added to the list reported for the commissioner of public lands and build- ings at a salary of $1,000 per annum. Then the salary of the stenographer of the su- preme court was raised from $600 to $900 and the two balliffs from $800 to $1,000 each, An assistant clerk was given to the clerk of the Banking Board, Dick Townley, at a salary of $1,000 per annum. The heavy majority against Hairgrove's bill, house roll No. 417, to repeal the valued policy law, 83 to 6, proves how hopeless are any further attempts this winter to assauit 50 popular a measure as the present law has become. The bill had been kept back as long as possible, in the vain hope that some- thing might eventuate in the way of over- turning present optnions. It s quite evident now that the voice of home constituencies has been heard with tremendous effect. Even Hairgrove, the introducer, by request, of the bill, “found himself at the parting of the ways, and voted for indefinite postponement of ‘the, apparently, very obnoxious measure. In explaining his vote he said: I did not believe that the house consent to a full and fair discussion bill which certainly has some merits, merits could be preserved and E modified, or completely done away with in committée of thegvhole by amendment. But T obscrve a dispdsjtion in the house to give this bill no show for its life. Consequently, T shall vote for its ipdefinite postponement. The bill to reimburse the impeached state officials, Allen, Humphrey and Hastings, and for the relief of their attorneys, was swept out of sight for this session by indefinite postponement. SENT TO THE GENERAL FILE. Preceding the special order of the day at 10:30 a. m., consideration of the appropriation bills in commitiea of the whole, the house, on recommendatior. of standing committees, or- dered the followhig Dills to the general file: Senato file Np. 42, by Watson, to provide for the admission to practicz of attorneys and counsellors at law. Senate file No. 14, by Watson, making it compulsory for railroads to use automatic couplers. Y House roll No. B22, by Conaway, to provide against the adultération of food. ouse roll No.i§60, by Rhodes, providing for the punishment of married men represent- ing themselves to be unmarried and making proposals of marriage to unmarried females of good character, House roll No. 674, by Brady, making veteran volunteer firemen exempt from grand and petit jury service. Housa roll No. 557, by Becher, making the first Tuesday in April in each year an elec- tion day in cities and villages. House roll No. 616, by Davies, providing for the printing and form of election ballots. House roll No. 681, by Dempsey, to permit tho residents of any precinct to adopt free rangs for four months. House roll No. 568, by Bee, to create a joint commission to investigate public buildings of the state and to regulate pay and mileage. House roll No. 515, by Miles, to provide for the incorporation of accident insurance com- panies. House roll No. 587, by Thonas, providing for the cancellation of insurance policies. House rolls Nos. 520, 543, 306 and 417 were indefinitely postponed.” The insurance com- mittee brought in two reports, majority and minority, on house roll No. 417, Hairgrove's Dill, to repeal the valued policy law. The minority report, by Schickedantz, recom- mended indefinite postponement. There was ome show of a fight on behalf of Hairgrove, Ricketts and Jenness, but the vote finally went all one way, Allan, Harte, Jenness, Johnston of Douglas, Kaup, Ricketts and Mz, Speaker alone voting against indefinite postponement. Hairgrove voted with the ma- Jority. TOOK UP THE SALARY LIST. The hour having arrived for the special order of the day, consideration of the general appropriation bills, the house went into com- mittee of the whole, with Speaker Richards in the chair, as chairman, the motion having been made by Munger to that effect. One of the bills, house roll No. 631, the salary list, was then taken up and consid- ered.” The salary list of the governor's office was recommended without change, On reach- ing the adjutant general's office Howard moved to strike the office out of existence and voted for it alone, Jenness moved to restore deputy labor commissioner, which had been dropped by the committee on ways and means, together with the salaries, $1,600 per annum for the depnty and $1,000 for a clerk. MeNitt and Harrison supported Jen- ness in this movement. Harrison sald that 0 long aa the office was provided for by law he should support it. Ricketts spoke ear- nestly for the amendment, and Cole op- posed it by asking to be shown in what manner it benefited the cause of labor. Barry contributed some information in this respeet, He pointed to the statistical work of the bureau during the past two years. Burns of Lancaster was loud in his de- mands for the refentfon of .this office, and made a ringing cAmpalgn speech trom a re- publican standpofit. ’ He declared the repub- licans were the Yettér friends of Jabor, and Casper took issue with him. The latter said that campaign buricambe made Lim tired; that one party was a8 much labor's friend as the other. Crow said that, as allusion had been made to Governor Crounse's message recommend- ing an appropriation sufficient to ine the efficiency of (Me' burcau, he desired to say that Govertor Crownse had also said that unless the kppropriation was made the burcau had better ‘be abolished. Barry showed 1 pvernor Crounse had urged a large appropriation. The amendment of Jen- ness waw carried, (g, appropriation of $5,000 for the blenniuni was made, and the labor bureau restored Lo ig position on the salary list ) o The office of {he, pecretary of state was veached, and a gtenegrapher added at a sal- ary of §1,600 for, Ue, blennium. An assign- ment clerk was added to the office of the commissioner of public lands and buildings at a salary of $1,000. The salary of the stenographer of the supreme court was raised from $600 o §900. The clerk of the banking board was given an assistant at a salary of $1,000, The house then took a recess. KEPT RIGHT ON RAISING. Following the noon recess the house went into committee of the whole, continuing con- sideration of the general appropriation bills No change was meade in the list of the In- chool at Kearney until the attend- iug physician was reached, when bis salary was raised from $600 to $300 on motion of 5 antz salary list of the at Nevraska City ) te $16.500. would the office of Institute for the was increased from an amer that the oné nent re ary of th ameniad o in cacl per ans toard of T i um, o a to.al appropriation of | be $12,000 for the blennium. Chapman's amend- ment carried, which also included a stenog- rapher at $800 per annum, a reduction of $400 per annum from the allowance of 1893, A second assistant physician was added to the Lincoln Hospital for the Insane at a salary of $1,200 per annum. An attempt was made to increase the salary of the superin- tendent of the Industrial school at Geneva to $2,000 and one to reduce it to $1,200, Both falled, and it remained as reported by the committee at $1,500. Tho salary of the matron was Increased from $600 to $800 per annum. The salary of the matron of the Home for the Fecble Minded at Boatrice was also fncreased o $800 from $800. When the Industrial home at Milford was reached Thomas moved to increase the committce's recommendation of §1,200 per annum for the superintendent to $1,600. The amendment prevailed. The appropriation for the university at Lincoln recommended by the committee wa $175,000. This was amended to $196,295 on a showing by Munger that this was money to drawn from the university temporary and not from the general fund of the state. Barry moved that the stenographer dropped in the governor's office by the report of the committee, at a salary of $1,.200, be re- stored, which motion prevailed Judd moved an amendment to the list of the Industrial school at Geneva that a family manager and two teachers be added at a salary of $800 per annum, which prevailed. The bill, house roll No. 631, was then recommended for passage, and the committee rose and reported, and the report was adopted. WINDING UP ROUTINE. Senate file No. 130, by Watson, a memorial and joint resolution providing for the ceding of government land within the state, was ordered to the general file. The following bills were ordered to the gen- eral file: House rolls Nos. 582, 244, 409 and 433. Houso roll No. 397, to reimburse Allen, Humphrey, Hastings, et al., impeached state officials, was recommended for indefinite post- ponement. Senate file Holcomb's at the 78, together with message accompanying time he signed the = bill, was read, and the new Dbill, as prepared by the committee on agriculture, laid before the house on first reading. The main features of the bill permit oleomar- garine to be manufactured for exportation outside the state. 1t was favorably considered and ordered by the house to the general file. House roll No. 443, the gencral irrigation bill, was made a special order for tomorrow at :30 p. m. A report of the fish commission's visit to tha hatcheries of Indiana was read, detailing their observations in that vicinity and wind- ing up with a request for an appropriation of $15,000 for the fish commission of Nebraska. The houso then adjourned. TO PROSECUTE. Governor it CALL ON CHURCH1 Senate's Resolution Asks tho Attornoy Gen- eral to Go to Holt County. LINCOLN, Mareh 12.—(Special.)—Several matters of more or less moment to the state occupied the attention of the senate t forenoon. After receiving a number of re ports from standing committees the senate took up several pieces of business unfinished from yesterday, and completed them. Pope called up his resolution offered yester- day afternoon directing Attorney General Churchill to take charge of the trial of the men accused of being the lynchers of Bar- rett Scott. The resolution was agreed to without division. Dale called up his resolution offered yester- day directing the railroad committee to re- port at once the anti-pass bill introduced by him on January 8. Chairman McKesson, from the railroad committee, said in defense that the commit- tee was not trying to smother the bill. The author had never asked the committee to consider the bill. The committee was ready to meet Dale at any time. Dale said that he hoped the senate would not consider that he had acted hastily in the matter. The bill had been lodged with the railroad committee for two months. He claimed that he had repeatedly asked the committee for a hearing. McKesson said that the committee would be glad to listen to Dale at noon, whereupon the resolution was dropped. The governor's message Teturning the change of venue bill without his approval was read, and McKesson’s motion to pass the bill, the governor's veto notwithstanding, was made a special order for 11 o'clock to- morrow. McKeeby undertook to make the $200,000 relief bill a special order for this evening, but the senate was in no mood for a night session, and so changed the hour to 2 o'clock. HAS A NEW RELIEF BILL. After recess the senate went into com- mittee of the whole to consider the $200,000 relief bill. The bill as it passed the house appropriated $200,000 to be dishursed for supplies, especially seed grain, by the State Relief commission. Akers offered an amendment which he claimed would give to the governor the right to appoint a new commission, and in support of his amendment he related in detail many of the complaints that had come to him if the incapacity of the present commission. Tefft and Black defended the commission, while Noyes said a few words commendatory of the chairman of that body. The argu- ment of the friends of the commission was to the tenor that no organized body of men could do the work performed by the commis- sion without giving some dissatisfaction. They claimed that upon the whole the com- mission had rendered good service to the state. Further discussion on Akers' amendment was shut off by McKeeby, who offered a sub- stitute for the entire bill. The substitute ap- propriates §200,000 to be divided among the counties of the drouth stricken district, nu one county to receive more than $4,000, The amount to be given to each county s to be determined by the State Relief commission and disbursed by the state treasurer to the county boards is bill was, after some amendment, agreed to and ordered engrossed for third reading. The railroad committee reported Dale's anti-pass bill with the recommendation that it be placed on general file. Dale moved that the rules be suspended anl the bill ordered engrossed for a third reading. The motion was defeated by a vote of 19 to 9, after which the senate adjourned, SHERIFF IN Ci OF A BANK, Defunct American Institution of Boatries the Cause of Much Trooh BEATRICE, Ncb., March (Special Telo- gram.)—This afternoon the sheriff took charge of the books, papers, notes, etc., belonging to the defunct American bank. This was done in accordance with an order of the district courl, made on account of certain stockholders in the concern asking for the appointment of a receiver. When the bank closed its doors in July, 1893, the officers went to the supreme court and se- cured permission to close up the bank's \Mairs without their being placed in the nands of a receiver, giving bond for the pay- ment of 100 cents on the dollar of the es- tablishment’s indebtedness. The time sp fied for closing up the business expired and an extension was asked and granted, and now that the time has again expired and the creditors are still unpaid suits are being commenced against the bondsmen and cer- tain stockholders begin to fear they will be Neld personally for the indebledness, hence the request for a receiver. droge oy Veheaded. HOLDREGE, Ncb, March 12.—(Special Telegram.)—Mark, the 14-year-old son of H L. Miller, was Lkillkd while playing around tho Burlington tracks this mornig. He attempted to cross the track between two cars, to which an engine was attached, His head was cut off and the body dragged some distance. The coroner will have a verdict rendered (omorrow Waoodu en ¥ il nt Heatriee. DEATRICE, March 12.—(Special Tele- gram.)—The Modern Woodmen of America camp of this city held an anniversary social at the Auditorium, at which about 500 people were in attendance. An interesting program s rendered, after which light refresh- ments were served Norfolk Dom NORFOLK b., legram )—AL the democ Jast night Dr. A. Bear was nominated for mayor, H. Gercke for city treasurer, and Hermau Brummond for city clerk. March 12.—(Special atic city primaries CONVICTS ~ AGAINST DAVIS Prisoners Testify that the Lincoln Negro Told Them He Wreoked tho Train, PECULIAR REASONS FOR THE CRIME Expected to Destroy the Track, Flag the Rock Tsland Express and Obtain Rewnrds from Passeugers and Company. LINCOLN, March 12.—(Special Telegram.) The state rested at noon in the Davis mur- der trial. Some sensational testimony was brought in by Warden Beemer, who appeared with two convicts in charge, George Metz and Bob Barrett. Barrett hae been in the pen only a week, He testified that while lying in jail with Davis the defendant had told him that he and two other men had wrecked the train and that he would never give their names away and the could hang him and be d-d. Witness safd that Davis had further told him that it was not thelr object to wreck the train, but to destroy the track and flag the train and get a reward from the company and passengers, but they had made a miscalculation and did more than they had intended. The jury seems to 100k with some suspicion on this convict evidence. The de- fense opened this afternoon. Sam Dunbar, colored, lived at the colored club house in the rear of the Lincoln hotel at the time the wreck occurred Was there on the morning when Davis showed up. The lat- ter_appeared exceedingly nervous, and he walked from room to room. At that time de- fendant had said that he believed he would strike the Rock Island road for a job on account of the work done by him on the preceding night. He said he believed he was the only one on the train who escaped unhurt. Dunbar said he had taken four or five drinks with defendant on that morning, who played a_remarkably poor game of pool, although usually a good player. When Da had come into the club room he was in his shirt sleeves, remarking that he had lost his coat in the wreck. He supposed it was burned up, and it had money in the pockets. The state offcred in evidence the monkey wrench, tie, crowbar, angle bars, pinchers and other implements and pieces of railroad fron found immediately after the wreck. Defense objected to admission of all the articles ex- cept the tie and was overruled by the court. STORIES CREDITED TO DAVIS, Davis had told Brust r, a farm hand employed by Fred Lonsdale, a couple of weeks before the wreck, that he was tired of farming and would soon go on a railroad. On the Sunday preceding the wreck witness and defendant played quol During the game witness tried cn Davis' coat. Found it too long in the sleeves and too wide at the waist. At this point the sack coat found in the weeds near the wreck was produced by the state. When fitted on witness it was found too large in the directions deseribed. Tyrer admitted that he knew that Lonsdale vas out for the reward offered by the Rock Island road for the conviction of the wrecker, but dsclared that he would get none of it. While Bob Barrett, one of the convicts brought in by the warden of the penitentiar, was up for cross-examination, Attorne Adams of counsel for defense asked: “Didn’t you turn state’s evidence in the case in which you_were sentenced 2" “Yes, sir.” “Wasn't it done for the purpose of getting a lighter sentence?” “I thought I would get it a little easier.” “Isn’t it a matter of fact that you had it in writing that you were to have one year only for pig stealing by turning state's ev- idence?” Witness hung his head and finally an- swered that he saw a written statement in the county attorney's hands, but had not read it. “Did Captain Woodward come out to the penitentiary to see you about your testimony in this trial?” “Yes, “When?" “Last Wednesday.” “What conversation did you him about it?" “Well, he asked me what Davis had said to me and I told him.” For (he defense in the afternoon, John Roberts testified that the misplaced rail was struck by the wheel of the engine. Had no- ticed that part of the spikes had been bent when the cngine had passed over them. Roberts also testified that he believed the work had not been properly done by the see- tion hands. Dr. Heaton said that when he had passed over the bridge where the wreck oc- curred August 7 there was a sudden jar which stariled him, as also the conductor, Defendant’s counsel asked the court to allo the Jury to inspect the scene of the disaster, but the court did not decide the point at thi< time, and a recess was taken at 3 o'clock to permit the defense to get its witnesses to- gether, as the state rested sooner than had been anticipated have with LINCOLN'S REPUBLIOAN Hot Contest lu All the Wards with Result in Doubt, LINCOLN, March 12.—(Special Telegram.) ~—The republican primaries are over, but so far as the mayoralty nomination is concerned but little Is known definitely. None of the four candidates can claim a majority in the convention which meets tomorrow. State Senator John B. Wright carries the Fifth and Fourth wards by ten majority, Frank Graliam has carried the First and the Third and George Woods the Sixth and Sccond. The Seventh ward, having glven its delega- tion to J. C. Stirc for city treasurer, re- mains tonight an unknown quantity in the mayoralty fight. There are 414 delegates In the conven- tion, requiring 108 votes to nominate. Wright's friends claim tonight that he las ninety votes to go in on. It is undeniable tha his capture of the Fourth ward gives him_ an exceilent leverage for a profitable combination tomerrow. The political chaos which reigns tonight is still further compli- cated by the sphynx-like attitude of the civie federation. This is a combination of two social clubs, but it promises to cut no small figure in practical Lincoln polities There are one or two dark loree candidates for mayor in other parties who have an ey on the Federation of Labor as a lightning rod up for its endorsemer The prohibitionists today nominated a full city ticket, headed by L. O. Joncs for mayor PRIMARIES, the Latehfield Man » LITCHFIELD, March 12.—(Spectal)—This morning, while S. H. Robison was at work in bis grain clevator, he picked up his gun to put It out of his way. The jJar in setting Never ate Quaker Oats with cream? You have missed one of the good things of life. Just try it! £old only ia 2 1Y, Packages. it down caused it to explode. The charge passed through his hand, making amputas tion at the wrist necessary, MANY FARMERS ARE DISAPPOINTED, ilare of the (hieago Seed Gealn Proposts tion Much Regretted. NORTH LOUP, Neb, March 12.—(Special) —Owing to the heaviest pressure of the aid business being over, the local committee has made public a regulation that hereafter no ald will be distributed on any days other than Tuesday and Friday, which, of epurs indicates that the more serfons labors of the committee are over for the season, and unless cold weather intervenes it is hoped that the work may, after this date, be only nominal, Word has been recelved from the gentles men at Chicago representing the Board of \" rade to the effect that they have been ase tonished, say overwhelmed, by the demands made upon them for , and it scems that elther they are une willing to attempt to supply =0 much to the farmers of a county which has in it so little of available security, or else that they have, | figuratively speaking, bitten oft more than can chew, in an effusive but ill-con= ceived attempt to appear generous. At any rate this decision will be a deep disappolnte ment to many farmers, who h begun to look at the seed grain question as substane tially settled but now the problem fs appar- ently as far as ever from a solution. The snow of Sunday disappeared rapidly under yesterday’s sunshine and the ground is again bare. The latter portion of the eclipsa conld not be satisfactorily observed at this molnt on account of the gathering clouds. Delivery Narrowly Avo RIATRICE, March 12.—(Special Telegram.) Yosterday cvoning it was discovered that the nine jail inmates had about carved thelr way to liberty by my a case knife and a_pair of broken sc hie prisoners now all oceupy their cells day and night as a re- sult of the attempt. The siono walls of the old trap used for a Jail are in a crumbling condition, and the sheriff finds it necessary to be constantly on the alert In order to keep the prisoners with him not to | enormous { ere Beatrics Gamblers Arrestod BEATRICE, March 12.—(Special Telegram.) The police made a raid upon a gambling room located in the Paddock block at 1 o'elock this morning and took in seven sporty gentlemen, a part of whom are numbered among the prominent business men of the city. The unfortunates were at once ar- raigned before Police Judge Collison, who ossed fines against them, which were paid, and a strenuous effort has been put forih te keep the matter quiet today. Mr. George W, Tul Benjamin, Missourl. Good Advice 0uicleFollowed Cured of Rheumatism by Hood’s Sarsaparilla. “0. 1. Hood & Co., Lowell, Mass.: I was taken down with rheumatism over a year ago. I was sick for over six months. Often I would have such pains that I e hardly enduro them. A friend came to mo and advised mo to try Hood's Barsaparilla, I took him at k s word and fiot a bottle of it, and since havo taken eight bottles of it. it Has Cured Me When the doctors could do me no good what ever. After belng benefited so much from this modicine I describe Hood's Sarsuparilly as ¢ wonderful medicine. I also advise every oo who I8 troubled withi rheumatism not to be wif Hood'ss==Cures ut Hopd's Sarsaparilin. [ am a farmer, apd medicine has given me much encrgy o sirongth to perform my work.” GEORGE W. TuLeY, Benfsmin, Missourl. Hood’s Pills are hand made, and perfect {n proportion and appearance. 250 & box. DOCTOR SEARLES & SEARLES, Chronic, Nervous, Privat Diseases, REATMENT BY MAIL Consultation Free, ‘We cure Catarrh, all diseases of tha Nose, Throat, Chest, Stomach, Liver, Blood, Skin and Kidney Diseases, Fe- male Weaknesses, Lost Manhood, and ALL PRIVATE DISEASES OF MEN. WEAK MEN ARE VICTIMS TO lERVOUS ebility or lizhaustion, Wating Weakness, 1a voluntary Losses, with Early Decay 1o you end middie dged; lack of vim, vigor undwenken prematurely in aprroaching old age. All yelld Teadlly to tur new treatment for loas of Vital power. Cas or o address vith stamp for clre culurs, free book «nd receipts. Dr. Searles and Searlss, “arnam 1416 Qwahia Neb Teeth Without Plates ) BAILEY, DENTIST. Paxton Block, 10th and ¥ Tol, 10! L83 00 | Stiver Fillings * eeth, 760 | Pure Gold Filings$2.0 D hitn Plate. ... 10 00 | GOLLCro W 08 —~22.60 0 Patul(ss Extractn b0e | Bridge Toeth—10oth 6 00 Teeth Qut in Morning, New Teeth Same Day ALL ALOUT CHAN; 0o Features and Remov- in 160 p. book for o starp. V. 424 8., N. ¥, {al Foub. HEW FALES g Blewishe: Jehn M. Weodbury, 17 lnveutor of Woudiury s ¥ CERTIFICATIS OF PUBLICATION, Ofice of Auditor of Public Accounts, Blate of Nebrasika, Lincoln, 17l 1, 1895~ 1t 18 hereby certified that the Marmers and Merchants Incurance company of Lincoln, in the stute of Ne- Lrasisa, has complied with the Insurance law of this state and is authorized 1o trans- act the business of fire insurance in this state for the current year. /itness my hand and the seal of the audl- tor of public ‘accounts the day and ye above written. BUGENI MOORE, Auditor Public Accounts. AMUSEMENTS, EMPIRE 5% ceurs ‘elophione 1381~ crved Beat 2DE A SUUTHERN ROSE TONIGHT, 8:16—25¢, 35¢, boe. Matinee Today, Matinee Saturday.