Omaha Daily Bee Newspaper, March 20, 1895, Page 2

THE OMAHA DAILY BEI WEDNESDAY, MARCH 20, 1895, SENATE ON 1TS OWN BILLS Members Get Their Measures Out of the Way of the Bifting Committ e. CONSTITUTIONAL AMENDMENTS KILLED They Wers Designed to Help Omaha and 80 Died—Watson's 01l Tnspection Bill tqueczes Through—~Dogs Tersonal Property. LINCOLN, March 19.—(Special.)—The sen- ate put in most the entire day in passing bills. One narrowly escaped defeat, Watson's oll Inspection bill beifig saved by the action of Steuter In changing his vote from nay to yea The most notable feature of the day’s pro- ceedings was the defeat of two constitutional amendments presented in the Interest of the clty of Omaha. These amendments were known as senate files 817, by McKesson, and 821, by Smith. No. 317 was designed to enable the legislature to authorize cities to frame thelr own charters, It was as follows: The legislature may authorize cities to frame charters for the governmnt of their municipal affair but such charters or any amendments the o #hall not become opera- tive until they have been ratified by the voters of the city or municipality in the manner prescribed by law. This amendment was defeated by a vote of 16 to 11, A number of senators were 8 nifieantly absent or declined to vote. The other amendment.was designed to aid in the movement to merge the city and county gov- ernments of the city of Omaha and county of Douglas. The amendment was as follows No new county shall be formed cr estab- by the legislature which will reduce county or counties, or either of them, less aren than 100 square miles, no any county be formed of a less area; provided, that in any county in which 18 * located a city of more than 100,000 popu- lation a new county may be formed, in- cluding said city and territor adjacent thereto, which territor in the aggregate #hall not be less than fifty square miles. This amendment was even less favorably recsived by (he senate than the other one. It recieved but seven votes, while sixteen votéd against it. As upon the other amend- ment a number of senators neglected to vote. Watson's oll inspection bill had a very nar- row escape. On the first roll call it received but nineteen votes, not enough to pass it with the emergency clause. On the roll call to pass the bill without the emergency clause tho bill recelved but sixteen votes. Steufer changed his vote from no to aye and saved the bill. This is the bill drawn up, as stat by Senator Watson in open senate, by Matt Daugherty. It provides that the Board of Public Lands and Buildings of the state of Nebraska, created by section 19, article 5 of the constitution of the state of Nebraska, conslsting of the commissioner of public lands and buildings, the secretary of state, treas- urer and attorney general of the state of Nebraska, shall be the state inspectors of olls, and’ provides for inspection much the ‘samo as the present law, requiring a flash test of 110 degrees. FOR PARK COMMISSIONS. Another bill passed by the senate will be of considerable interest to the people of such cltles as Fremont, Beatrice, Nebraska City, Hastings, Grand Island and Kearney. The bill was introduced by Holbrook of Dodge county, and while primarily intended for the benefit of the city of Fremont, it benefits all the cities named. It provides: Any city in this state of more than 5,000 and less than 25,000 inhabitants is hereby authorized to take land in fee within its corporate limits or within five miles thereof by donation, devise or purchase, and to hold and Improve such land for parks and public grounds, The jurisdiction of the mayor and city council of any city that shall acquire any real estate as herein contemplated, and the police power thercof, shall be at’once extended gver the same’ by virtue of this act, and the mayor and clty council shall have power to enact by-liws, ruies and ordinances for the protection and preserva- tion of any real estate acquired as herein contemplated, and provide suitable penalties for the violation of any such by-laws, rules ar_ordinances. .Sec. 2. The mayor and council shall have power to borrow money and pledge the property and credit of the ‘city upon ity negotiable bonds or otherwise to an amount not exceeding In the aggregate $15,000 for the purpose of purchasing and improving land for parks and public grounds as in this act contemplated, authority therefor laving first been obtained by a_majority vote of the electors of the city voting on such question at an electjon called for that purpose upon a proposition or propositions submitted in the manner provided by law for the submission of propositions to aid in the construction of rajlronds and other ‘works of internal improvement, and to bor- row money and pledge the property and credit of the city in the manner aforesaid, and upon being authorized as aforesald to an amount not exceeding $15,000 for the pur- pose of purchasing, maintaining and im- proving land for park or parks and public grounds for said city: provided, that the indebtedness authorized by this' act shall in no case exceed §15,000; and provided fur- ther, that the called clection mentioned in this section may be had at the same time of the general city election or at any other time. Crane's bill to prohibit the exhibition of slung shots, brass knuckles, billies, howie knlves, etc., in the windows of pawnbroker shops Wwas passed with but few votes against it. 1t is brief and provides as follows: That hereafter It shall be unlawful for any pawnbioker or dealer in goods of the Kind enumerated in this act to display in the windows and show cases any revolver, brass or other metal knuckles, police billies; slung shots, bowie knives, daggers, loaded canes, sword or knife canes. Any one violating the provisions of this section shall be fined not less than $25 and not more than $100 by any court having jurisdiction DOGS ARE PROPERTY NOW. The senate also passed the bill making dogs personal property. It provides: That all dogs in the state of Nebraska arc hereby declared to be personal property, and any person wilfully destroying the same, or ateallng. or taking with intent to steal, any dog of any other person, shall be guilly of larceny under the lawk of the state of Nebraska as applied to petit and_grand +darceny; provided, that any dog running at large, without a' suflicient collar and tag thereon, for the period of ten days, after a notice published for three day elty, town or village In this st be declared u nuisance, and the proper - thorities may destroy the same. The senate unanimously adopted lowing preamble and resolution Whereas, The state of Nebraxka has here- tofore, In w popular sense, been designated by names not in harmony with Its hist ry, dustry or ambition; and, Whereas, The state of Nebraska is eminently ‘a_tree-planting state; and, Whereas, Numerous worthy aud honor- able state organizations have by resolu- tion designated Nebraska as the “Tree Planter's State;” therefore, " Resolved, By the legislatire of the state of Nebrasku, that Nebraska shall hercafter in & popular sense be known and referred 0 as the “Tree Planter's State." the fol- pre- IRRIGATION BILLS PUSHED ALONG. One Providing for the Organization Loca Districts Sent 1o the Govornor. LINCOLN, March 19.—(Special)—The ir- vigation bills came up for a vociferous hear- ings in the senate this forenoon, and Akers of Scotts Bluff and Stewart of Dawes in- v dulged In a gladiatorial combat that engagel the interested attentlon of the entire senate. Both senators are authorities upon the sub- | Ject of Irrigation, and both were extremely _ friendly to the bills passed and pending, but they locked horns upon the amendments n- corporated {n the bill by the house. The bill under consideration was house roll No. 3 This was identical with senate file No. 50, al- ready passed by the senate, but the house bill was amended lu several important partic- ulars. The amendment so obnoxious to Senator Stewart was in the shape of a proviso added | 10 section 1. The first section of the bili pro- vides: .r«-uuu 1. Whenever tw freeholders owning la one mode of Irrlgation ree and by the same system of works | sire to provide for the irrigation of the Shime. they may propose the arkanization of o) {rkigation district under the provisions of | act, and when 50 organized esch dis- | of aty or @ majority ds susceptible to | rom a common shall have the powers conferred or | may hereafter be conferred by law | upon such irrigation district. | | the ject to be watered thereby shall be exempt from operations of this law, except such district shall be formed to make purchases of such ditches, canals and franchises, and that this law shall not be construed to in any way affect the rights of ditches al- ready constructed. When the senate bill was up for considera- tion an attempt was made to add this p-o vision, but it failed. Akers asked that the bill as ft passed the house be placed on its final passage by the senate. He explained by saying that while he had been opposed to the house amendment he felt that the irrigation inter- ests demanded the passage of the bill at onc He had just spent several days in_the irri- gating districts in northwestern Nebraska and he had found a widespread sentiment in favor of the passage of the bill as it came from the house, not because they approvad of the amendment, but because they feared that the refusal of the senate to concur in house bill would only resuit in the de- feat of any irrigation legislation at the pre:- ent session. He sald a few lhours’ delay might prove fatal to the bill. The sessi was rapidly nearing an end. He urged the prompt concurrence in the house amend- ments, Stewart sald that he was not at all afraid of jeopardizing the final success of the bill Ho had carefully canvassed the house and he was satisfied that the lower branch of the legislature would yet consent to the expurga- tion of the amendment it had already adopted. The primary object of the bill, he said, was to get the ownership of the land and ‘the water together. The bill as it passed the senate accomplished this object. he house amendment, on the other hand, feated it. The house amendment gave strong corporations and moneyed intere the power to take up valuable irrigating priv fleges and by so doing place the people under a great disadvantag Akers again defended the house amend- ment. He declared that it would encourage the inve:stment of capital in the state. He declared further that the senator who under- took to delay the passage of the bill would receive the severs condemnation of the peo- ple of the irrigation districts of the state. The house amendments were agreed to and the bill ordered to jts final reading at 2 o'clock. At the afternoon session the bill was read the third time and passed, and now awaits the governor's pleasure. It provides for the organization and control of local irrigation distriets. ‘The other irrigation bill, providing for the appropriation of all running water of the state and for the organization of a State Board of Irrigation, is still pending in the house, having already passed the sen- ate, STAT! to SHOULD TAKE BACK THE LAND. of the Committeo on the Burns- Lauer Lincotn Deal. LINCOLN, March 19.—(Special)—The land s0ld to Joe Burns and J. Dan Lauer by the State Board of Public Lands and Buildings is likely to revert to the state. This sale of school lands was the subject of investigation at the legislative session two years ago, but, although the irregularity of the sale was fully established, nothing came of the report and the matter dropped. The land in question is a part of one of the suburban additions to the city of Lincoln and is bounded by Park stre:t, Burlington avenue nd Small strect, and intersected by Johnson treet and Wahoo avenue. Originally it be- longed to the school lands inherited by the state from the national government. Its close proximity to the city of Lincola rendered it valuable and a good bargain to the enterprising real estate speculators of the capital city. On December 10, 1890, the Board of Public Lands and Buildings ordered the publication of the following advertisement: Notice is hereby given that on Monday, the 12th day of January, 1841, the northwest quarter of section 9, ‘township 9, range 6, east, In Lincoln, Lancaster county, Neb., will be offered at public leasing to the highest bidder, at the office of the commis- sioner of public lands and bulldings, at 10 o'clock a. m., and continue until all of said lands have been offered, There was nothing irregular in all this. But the alleged irregularity took place on January 12, 1891, when, instead of leasing the land as it advertised to do, the board so'd it. The land was appraised for leasing purposes by T. J. Dickenson, Alba Brown and H. H. Shaberg, members of the Board of County Commissioners. It was sold to a number ot parties as follows: Lot 1 to Fanny Wrlght ...............$ 51.05 Lot 2 to Fanny Wright ...\ R (2T} Lot 3 to J. D. Lauer, jr. 18T Lot 4 to Paul Lauer, assignes .. 14474 Lot 5, reserved by the board S i Keport Lot 6, Joe Burns 3 +$1,402.07 The committee makes the following report: Your committee on school lands and funds having had its attention called to what ap- peared to be an irregularity in the sale of the following described lands belonging to the state, to-wit: The northeast quarter of the northwest quarter of scction 9, township range 6, east, forly acres; the northwest arter of the horthwest quarter of section 9, township 9, range 6, east, forty acres; the southwest quarter of the northwest quarter of section 9, township 9, range 6, cast, forty acres; have investigated the samé and find that said land was illegaily sold on the 12th day of January, 1891, "and that said sale was against the interests of the state; and that said ales should be can- celled and the purchase money refunded to the purchasers or their assignees, * SUGAR BEET BOUN BILL SAFE. One at Least Certaln to Be I’ Kenate, LINCOLN, March 19.—(Special)—The beet sugar bounty bills are not likely to be among those that will be summarlly dispatched by the senate sifting committee. The bill which has already passed the house is almost cer- tain of passing the senate, m spite of the fact that strenuous efforts are being made to defeat it. Senator Crane has offered a sub- stitute bill 2mbodying provisions which found much favor early in the session, but the senate is_hardly likely to endanger the success of the bill by adopting an entirely new measure 50 late in the session an taking the risk of de- feat in the house. If Senator Crane had in- troduced kis bill earlier in the session it would have secured more consideration. Tt glves all the bounty to the producer of the beots Instead of to the manufacturer of the sugar, the two vital sections of his bill reading as follows: Section 1. ‘The state shall for each of the ycars 1895, 1806 and 187 pay to any farmer, person, firm or corporation engaged in the Taising uf sugar beets the sum of §1 per ton for all sugar beets raised In the state of Nebraska during sald years; pro- vided, that no money shall be paid Lo any manuifacturer enguged {n- Taising his own beets, Sec. 2. No money shall be paid by the state for any sugar beets so raised unless the same shall be actually sold or disposed of to a factory for manufacturing = into sugar, nor unless the person so applying shall raise at least five tons of beets during the year for which such application has been made, nor unless said beets shall con- fain at least 10 per cent of saccharine mat- ter, sed by the PETITIONERS BARRED FROM IART Candidates Not Begularly Nomloated Ca not Use Partisan Designation. LINCO! March 19.—(Special.)—One of the bills passed by the senate today and sent to the house for the latter's concnrrence will very materially alter the election law in one important particular. Under the present law any candidate or set of candidates may have his or their names printed upon the oflicial ballots, even thongh not nominated by a reg- ular: party convention, by presenting a pet tion sigued by a suflicient number of naw The candidate may have hiu as a “‘republican by petitios by petition,” es. elf designated or “‘demcerat as the case may be. Under | the law passed by the senate today this class | of candidates are not allowed to attach any regular parly designation to their names. Their names will be printed on the official ballots and be followed by the words “by potition” only. The author of the bill is Senator Cross of Fairbury. The following provision 1s added to the present law: Proyided further, That candidates nom- inated under the provisions of this section shall be termed lidates “by petition.” and their names upn the baliot “shall be followed by the words “by petition” and shall not be followed by any party designa- tion by virtue of such nomiuation. Fach elector signing a certificate shall add to his The proviso added to this section by the house was as follows: | Provided, That where ditches or canals been construoled betore ihe passige ac clent capacity to water T Lt eandie s, SARNELY LS Malet in such ditches is appropriated. such | 'and_ granchises and the land sub- | Signature his place of residence, his busi- hees and his business nddress. Such cer- tiflcate may be fled as provided for in sec- tlon 4 of (his act,in the 81me manner and with the same effect as 4 certificate of nomina- tion made by & party convention, committes or primary meeting. Women Gualitied - to Voté for any public Oificer may sign nomina- tlon papers for candidates for such office. ROUSE WOULD NOT CONCUR Senate's Substitute Relief Bill Sent to a Conference Committee, MAX'MUM RATE CASE EXPENSES PAID ommittee's Bill Cat Down Materially by the House—State University Geta Tts Approprintion— Trriga- o8t Causcs a Row, LINCOLN, March 19.—(Spectai)—in com- mittee of the whole the house did quite a fair amount of business today in the way of advancing legislatic During the discussion of the appropriation for payment of legal expenses of the maxi- mum rate cases, an attempt was made by Smith to reduce the fee of Attorney John L. Webster from $6,000 to $3,000. This was op posed by MeNitt, Johnston of Douglas, Rob- inson and Howard, the two latter of the claims committee. The house refused to concur in the senate's | substitute for the $200,000 relief bill, pasced had | by the house without the emergency clause. The principal objection urged against tha bill was that it made no discrimination in the cultivated areu of the different counties when it came to appropriating the $4,000 provided for each county. It was this that was urged against the measure by Higgins of Custer and Miles of Saline. The latter showed in round numbers the discrepancies existing between various countics. Thomas county has about 1,750 acres under cultivation, Mc- Pherson 2,100 only, while Custer has not less than 200,000 acres which must be seeded. To appropriate $4,000 to Thomas and the samo amount (o Custer county Miles held to be a gross injustice. The house agreed with him, and a motion to submit the bill to a conference committee was carried. In the course of the debate on the uni- versity apprepriation bill Rouse of Hall at- tacked the institution on the ground of al- leged immorality. Davies called Rouse down severely, and paid a glowingstribute to the character of the university. The bill was then recommended for passage. REFERRED THE RELIEF BILL. Tho senate’s substitute, senate file No. 525, for the house relief bill appropriating $200,- 000 for the purchase of seed grain, was under discussion this morning. The debate was precipitated by Bee, who moved that it be taken up, and was sustained. Lamborn wanted fo non-concur in the senate's substi- tuto and moved that a conference committee be appointed. The substitute provides that the relief ap- propriated be sent directly to county officials for distribution instead of passing through the hands of the rellef commission. Hig- gins opposed the measure in bitter terms, Me- Nitt supported it, and Speaker Richards agreed with Higgins of Custer. The latter's argument was that, as no more than $4,000 was to be given to any cne county, his coun y, a large one, would receive about $2 apiece to each farmer in the bailiwick. The previ- ous question was demanded, and a roll call asked for on Lamborn's motion, which pre- vailed by 84 to 14. With Cole in the chair the house went into committee of the whole to consider house roll No. 208, the special order, and bills on gen- eral file. House roll No. 208 provides for the defense of suits now pending in the federal court known as the maximum rate cases. The bill_provides for an appropriation of $13,039.27 for the purpose of paying the fol- lowing items: E. S. Dundy, ir. iner in chancery . Omaha Printing c testimony and briefs ................ L. D. Woodruff, printing brief of at 10Ty BENErAl \vvvvieesieesisaesnses George H. Hastings, expenses in- curred in’ relation to said suits .. John L. Webster, attorney's fee... John L. Webster, expenses incurred in relation to said suit ..... . 308 W. A. Dilworth, expenses incurred in relation to 8aid SUIL .................. 479.07 L. F. Wakefield, engineer . 300,00 The bill as recommended for passage by the committee of the whole carries $9,688.02, di- vided as follows: Omaha_Printin 8. D. Woodrul George H. Hast John L. Webster W. A. Dilworth . L. F. Wakefield Total .. +...$9,688.02 The sum of $11,960.78 was appropriated for the following purposes: John L. Webster, for services to be rendered in the appellate and supreme courts, $4,000; for the payment of witness fees already incurred and other ex- penses, §7,060.78. This effects a reduction of £3,343.25 from the bill as reported by the committee. Zink's bounty bill for the scalps of wild animals was next in line. It provides that the sum of $1 shall be paid for each wolf, wild cat or coyote killed, the same to be al lowed by the county clerk to the person enti tled thereto, but to be paid by the state (reasurer on warrants drawn by the state auditor. A motion to indefinitely postpone this measure was energetically opposed. Barry, from away up in Greeley county, struck hands with Sutton, from South Omaha, and both favorcd the bounty. The bill was recommended for passage by a vote of 46 to 22, The house then ook a recess until 2 p. m. TWO IMPORTANT COMMITTEES. The speaker announced following recess the following committee on adjournment, to con- fer with a similar committee from the senate: Cole, chairman; Rouse, Bernard, Spencer and Rhodes. He named the following as the sifting com- mittee, to act in conjunction with a commit- tee of nine from the senate to expedite the business of the session: Harrison, chairman; Chapman, MeNitt, Munger, Becher, Bacon, Burch, Harris, Brady, Ricketts, Lamborn, Myers, Schickedantz, Barry, Johnston of Ne- maha. Miles moved that the house go into com- mittee of the whole to consider house roll No. 494, the State university appropriation bill, bills on gencral file and the constitu- tional amendments. With Miles in the chair the committee took up the university meas- ure. Cole moved to strike out the amount of $72.000 in the first section of the bill and insert $43,000. He said he believed the latter sum was ample to complete the library build- ing. Estimates had been made on the work by competent contraciors, and their figures liad ranged from $43,000 to $48,000 for the work. Cole's amendment was lost by a vote of 47 to 33. Harrison then moved fo strike out the last two lines of section 1, which ap- propriated $7,000 for repairs and alterations, and the amendment prevailed. The bill, car- rying an appropriation of §73,000 for the completion of the State university library bulldinge was recommended for passage DECLINED TO HEAR FROM AKERS When house roll No. 443, Schickedantz's irrigation bill, wgs reached there occurred a scene of confusion. Myers, chairman of the committes on irrigation, moved that Senator Akers be permitted to address the members of the house upon the merits of the measure, Howard objected. Barry, in a fierce speech, denounced the motion as out of order and un- parliamentary. The chair held that the house Could, by a majority vote, permii any mem- ber of the senate to speak before the commit- teo of the whole. Such vigorous opposition as was shown against the proposition to hear Seustor Akers dismayed Myers. He with- drew hbis motion and the committee proceeded to consider the bill by sections, beginning at scetion 9, the point at which they had stopped last week. House roll No. 682, by Brockman, to com- pel railroad ccmpanies to furaish stockmen fres transportation from initial poluts to place of destination and return, was reached, and Howard woved 1o strike out the section containing the gist of the entire bill. This amendment prevailed and the bill was in- definitely postponed ou moticn of Ricketts. The commitiee then rose and reported. Bee moved an amendment 1o the report of the commitice on the State university bill that the weasure be recommitted to reduce the amount from $73,000 to $50,000. Bes's amendment did not prevail, and the report of the commitiee was adopted recom- mending the bill for passage. Then there was somo hasty lobbying on the floor against an amendment passed in committee of the whole, on Barry's motion, to the irrigation bill. Thiz amendment made it possible to run_ more than one ditch through a plece of land, or any number of them, owned by oune master and exam- il company 5! +.$2,160.9) 26100 party. The mm}mm- of the whola had adopted the amendment, but tho house re- versed itselt, virtually, and recommitted the bill for the purpose of eliminating a pro- | vision which i -hag, just inserted by a fair vote. 5 The house thep Adjourned, HAAN 18 HOLDING BACK THE REPORT. Has the Chorenttl-Russoll 11 Ready to Hand to the Senate Any Time, LINCOLN, Mgreh 19.—(Special Telegram.) The bill taking the appointment of the Omaha Fire and Pofice commissioners out of the hands of YWe'ghvernor and investing it with a board to b8 bdmposed of the governor, attorney genel and commissioner of public lands and buildings, which went through the house after an exceedingly trying passage, in which it lost its emergency clause, may or may not expérience fine sailing through the senate. The bill was read the second time this morning and referred to the com- mittee on municipal affairs of which Senator Halin of Adams county is chairman. The committee receipted for the bill shortly be- fore noon, and Hahn announced a meeting of that body for 1:30 o'clock. The bill had no obstacle in tlie committee room, and after carofully replacing the emergency clause the committee voted to report the bill back to the senate with the recommendation that it be advanced to third reading, For some reason best known to himself Senator Hahn did not present the report of the committee at the afternoon session, but it is expected that the bill will be reported to the senate tomorrow. The anti-cigarette bill has been lost unless the employes of the secrefary's office can produce it at 10 o'clock tomorrow morn- ing, Senator Akers proposes to open a whole case of vials of wrath and give the entire senate the benefit of the odor. The bill was considered in the committtee of the whole last_week, and ordered engrossed for third reading. Senator Akers, who has been the ardent champion of the bill, has fretted not a little over the long delay in engrossing the bill. This afternoon he insisted vehemently that the bill should b: placed on its final passage at once. But after some delay he was informed that neither the original bill nor the engrossed copy could be found. “Bvery party handling a bill is required to give a receipt for it, and these receipts are pasted in a book kept for the purpose by the senate book-keeper. The receipts show that the bill was returned from the engross- ing room to tho secretary's office. Here the bill has fallen into a crack. It is generally belleved, however, that the bill will be found before tomorow morning. The house and senate have locked horns over the $200,000 relief bill. In the first place, the house refused to attach the emer- geney alause to the bill in order o make the money available at once. Then the senate vejected the house bill and passed a substi- tute. This proceeding does not meet with the 1 of the house, and a conference com- is the result. Tho senate conferees ator McKeeby, author of the sub- stituto bill, Senator Rathbun, who was its warmest champion, and Semator Campbell Scnator Tefft was appointed as one of the members of the committee, but he asked to be relieved of the duty and Campbell was ppointed in his'stead. NEW TRIAL REFUSED JAMES LINDSAY. Confined in the Plattsmouth Jall Pending an Appenl to the Suprems Court. PLATTSMOUTH, Neb., March 19.—(Special Telegram.)—Judgé ‘Chapman today passed on the motion for ' new trial made by the de- fenso in the case of Pugilist James Lindsay by denying the! same. The defense laid con- siderablo stress on an eileged state of fact that the jury had been affected by outside influences during: the progress of the trial, but the court held that the showing made on this line was infufficient to set aside the ver- dict of manslapghter rendered against the prisoner. Bail was refused and pending an appeal to the kupreme court, counsel hav- ing given notice that the same will be taken, the prisoner wlijl be, detained in‘the county jail. The twenty-five aseessors, Tepresenting the various wards and' Precincts in *Cass county met at the court houso this afternoon and declded to assess property, both real and per- sonal, for this year on the basis of one-third of tho actual value. In 1894 the assessment was eonducted on a one-fourth value basis. The granting of a_peremptory writ of man- damus at Lincoln yesterday by Judge Hall requiring Grand Master Tate of the Anclent Order of United Workmen to call the regular annual session of the grand lodge in May meets with the favor of several hundred Workmen in this city, among whom the be- lief is almost unanimous that the time Is ripo for a thorough investigation as to the business methods which prevall in the grand lodgo officers of the order. Lodge No. 8 of this city has chosen J. H. Hall, John A. Gutsche and J. W. Bridge as grand lodge delegates. Grain for York County Farmors Parchased YORK, Neb, March 19.—(Special)—All grain for the relief of the farmers of this county has been purchased and will be ready for distribution next week. A marriage license was issued to Wiliam M. Carr of Hardy and Mary Baker of Sieiby. Later in the day the two were married by the county judge. Sherift Price left yesterday for Kearney. Accompanylng him were the two boys who were arrested for horse stealing near Brad- shaw, who he will leave at the reform school. This was the sentence passed by the county judge in their hearing a few days ago. In less than a month three boys of this county have been-taken to this institution. Saturday evening as Charles Peterson was driving from the B. & M. depot into this city the tongue of the bugey fell, depositing the occupants on the ground, Mrs, Peter- son, who was also in the buggy, escaped with but'a few bruises, but Mr. Peterson, on being picked up, was found to be insensible, his head having struck the ground on being thrown from the buggy. While his injuries are very painful, they are not necessarily dangerous. Beatrice Thleves sentenced. BEATRICE, March 19.—(Special.)—John Dixon and Fred Hall, arrested for stealing a trunk from the residence of Mr. Dirmett in this city last Decsmber, were found guilty to- day in police court _and each sentenced to thirty days in (he eounty jail. These are the same men who cam: so near breaking jail a few nights ago by digging the brick out of the west wall. It was found today by the police that they hdd been letting (hem- selves out of thelr_cells by means of a picce of wire taken from one of thelr cots and with which they weré enabled to unlock their doors. -This fact Was made known by a young man wh d for lodging Sunday night and upon an attempt was made to lay the blame-ofthe bresk in the jail wall, 85 e e Proposed Irrlgacion Diteh. ORD, Neb., Mareh 19, —(Special)—Mr. Lee, a Boston capitalishy € here in the interest of an irrigating di®h “on the north side of the river. The first intention was to have it commence some six miles below Ord and ex- tend down to Scotia. The plan now Is to start near Burwell, which would make the ditch about fortyemites long. Five thousand dollars worth of_stock was subscribed in Scotia in less than two hours for the project Lee proposes to build the diteh without any aid in the way of a bonus or donation and 1o put in laterals and have everything in shape for watering the land at less than $1.50 per acre gy Convygped of Assault, BEATRICE, Margh 10.—(Special Tele- gram.)—The assault and battery case against M. W. and Wiliam Plourd, father and son, was heard in Justice Enlow's court teday, the father being acquitted ard the son con- victed. The court assess:d a fine of 325 and ccsts. The case came up from Olell and grows out of a controversy over the poss:s- sion of real estate and in the Gispute ovér which one Millard Moore was assaulted. The d:fendunt gave notice of appeal tidney Wants tho Fort Groands. LINCOLN, March 19.—(Special.)—The sen- ate today adopted 'the following resolution pre:ented by Senator Akers at the request of the people of Biduey, Neb Resolved, By the legislature of the state | of Nebraska, the senate and house joining, that the honorable congress of the United States be and is hercby requested to cede the tract of land known as the Fort Sidney military reservation to the city of Sidney, adjoining said reservation, to be used for public, school and military purposes. e e el A e A A T R T and | URY FIXING AS A SCIENCE Sensaticnal Developments in the Uave of the Alleged Train Wrecker, BAILIFF STEPHENSIN CAUCHT OFF GUARD Alleged to ¥ Rock Isla Should ve Been in Consultation with a4 OMcials When He Have Been Attending to Court Duties. LINCOLN, March 19.—(Special A sensation developed today over the result of the Davis murder trial. At first it supposed that the jury which tried the prisoner for wrecking the Rock Island train had simply disagreed, after having been out forly-nine hours, and had been discharged This is not the case. It was a mis-trial The Jury having spent two nights on chairs in the jury room, Judge Holmes yesterday humanely allowed them, in charge of Bailiff Stephenson, to remain at the Capitol hotel in the afternoon for recuperation. About 5 P, m. some one called at the hotel to speak with Stephenson, but he could not be found. A few minutes later a gentleman well known in Lincoln called at the office of Counsellor Green for the Rock Island road, and opencd the door upon an interesting confab between Dailiff Stephenson, Mr. Green and Mr Thompson, “right of way" man for the road When th 15 said to “My God!" The caller at once stepped outside and closed the door, where in a moment he was joined by Green. Upon being informed of the Attorney Ames of counsel for Davis, at once laid the facts before Judge Holmes, who promptly called the jury and discharged it. From the beginning of the trial attorneys for the defense have suspected that there were being employed against them illegal actions, but they wero hardly prepared for such an exhibition of nerve on the part of a ballift in charge of a jury deciding a question of life or death. . Attorney Sawyer in the federal court this morning entered a nolle prosequi In the gov- ernment’s case against George W. E. Dor- sey. Fifteen of the sixteen counts in the indictment against the cx-congressman were quashed on January 31, because of the de- fective wording of the indictment. Inter- viewed as to the effect of this on the case against Dorsey, Assistant District Attorney Rush said it would not prevent the district attorney from renewing the indictments as to all of the original counts, but did not state that this would be done, but he did say that the Dorsey case would probably be reachci within a week. This statement would scem to imply that the indictments would be re- newed, and the defects of the old indictment eliminated. The indictment finally disposed was a joint inlictment with Fay Mattison, Frank M. Dorsey and Ezra B. Hig. gins, charging defendants with having made falso entrics in the books of » national bank. Tho casc against Louis P. La:sen for per- jury in the Chadron land office was dis- migsed. VETERANS Telegram.) was door opened, Bailiff Stephenson ve jumped back and exclaimed: matter, DEDICATE THEIR HALL. Hon. Charies H. Van Wyck Delivers the Address of the Evenlng. NEBRASKA CITY, March 19.—(Special.)— The new Grand Army of the Republic hall at this place was dedicated tonight. The build- ing is a handsome structure with a pressed brick " front and a credit to those who pro- jected the enterprise and carried it through to completion. Church Howe, department commander, and Hon. Charles H. Van Wyck delivered addresses. The latter spoke as fol- low:! ““We come tonight to dedicate this beautl- ful hall. Tt has already been consecrated by the lives and deaths of the brave men in whese memory it was built. Now we dedicate it to the use of the living comrades, and in a few fleeting years it will alto serve as a memorial and monument for us, when we, too, shall be gathered with our comrades and “‘take our places in the silent halls of death.’” You have learned in your own and in the ex- perlence of others that however hard may be your lot, however darkness may gather, how- ever adversity may weave sorrowful meshes to encumber your footsteps, you will not despair. While the same brightness may not come to all, to all will come joy and hope to illumine the shadows. “Memory will bring fond recollections and reminiscences, binding our affections to those already gone, endearing us still closer to those who are “Only waiting till the shadows Are a little longer grown,’ They rest who fought and fell. But” you who mingle in the harder strife A friendless warfare lingering long Through weary day and weary year, A wild and many ‘weaponed throng Hang on thy front and flank and rear. “The memory of the sorrows of camp, ravages of diseaso in hospital, and the horrors of conflict on the battlefield add sacredness to our thoughts, and while the darkness may at times increase, there will be a greater zest to the enjoyment and gratification in- spired by a full realization of greater bene- fits by additional certainty of a more per- petual union, secure against the inroads of arbitrary power, whether as formerly by the aggressive demands of slavery or the worse dominition of a more assidious ag- gression through the creation of fic- titious values whereby the solld wealth of the country is absorbed, and diverted from legitimate channels, paralyzing the energie: of the nation and stealing away the prom- Ised reward of your struggle. “Since “Tramp, Tramp, Tramp, the Boys are Marching,” was first sang, thirly years ago, how many have joined the grand army on the other side, and when another cycle of thirty years shall have passed probably not one of that grand army which shook the carth in battle and achieved results such as the world has never witnessed will remain among the children of men, not fully reward, but the people will never forget the great debt it can never pay. When the bowed form and toitering step of the last soldier shall for the last time decorate with spring flowers the sacred grave, the Sons of Veterans and then a gratefu ])el:lple shall keep alive that beautiful tribute, an “When the away, Ien to the daw When at the ar Rise up the face When the great awaits, When the Bates, And the long column march silently through Past the great captain for final review: Then from the blood: that has flowed for he right, Crowns shall spring up untarnished and light the' glad ear n Proudly done. Blessings over, Parents and husbar God will re And cove flowers, GABDEN SEED 18 BADLY NEED long years have rolled slowly of carth’s funeral day;: hangel's trumpet thread and forms of the dead; world it's last judgment blue sky shall throw open the of each war martyr the d shall hear good tidings, well for garlands shall cover them brother and lover, vard these dead heroes of ours, them over with beautiful D NOW, Rellef Commission Gottiog Many Requests from Apxlous Farmers. LINCOLN, March 19.—(Special.)—Every mail is bringing to the State Relief commis- slon demands for garden secds. Yesterday a letter was received from Banner county, signed by the county commissioners and attested by the county clerk, stating that there are about 350 farmers in nced of garden seed. This is the first demand that has been made by Banner county, and no pro- vision has been made by the commission for that locality. The citizens recently held a mass meeting and adopted resolutions to the effect that as the farmers of Banner county are entirely without means to buy seed for planting the spring crop the county commis- sloners be requested to lay the matter before the State Relief commission and petition for seed grain and feed for horses. In com- pliance with the demand thus made upon them the county commissioners have made the appeal. The relief commission has set aside in the neighbarbood of $5.000 for garden seed and the order for shipment of the same has been placed. This amount will come out of The nation may | ‘brass band and the stato appropriation of $50,000, and will thus cause a corresponding decrease in the food and coal supply furnished by the com- mission The congressmen of the country promised to send the State Relief commission 930,000 packages of seed. Of that amount there have been received to date only about 9,000 packages. Some of the latter contain grass seed, which is of no practical value to the armers of Nebraska Proposals and samples of seed grain are now being received by the commission, and when the bids are all in it is expected that the commission will be in financial condi tion to let contracts for seed grain without loss of time. MOREMUNICEY L NOMINATIONS MADE, Candidates for OMees to Be Filled at the Loeal Flections Next Month MINDEN, Neb, March 19.—(Special) This city has just held its primaries for the spring election, which is always fought upon the ground of license or license, The Heense ticket Is G. N. Youngson, mayor; Andrew Jensen and Peter Johnson, council- men in the First ward, and John Jones i Second ward; treasurer, J. H. Malone; clerk, Thomas Campbell, who resigned and loft the place vacant, Anti-liconse: G. L. Godfrey, mayor; E. C. Klinch and L. B Holmes, councilmen First ward; John Erwin, Second ward; J. A. Slater, engine Louis Anderson, treasurer; J. B. Pugh, city clerk MILLARD, Neb, March 18.-~(Special.) For the first time in the history of Millard the democrats and republicans have nomi- nated party tickets for village truste:s. Heretofore the practice has been to call a citizens’ primary and nominate ten or fifteen candidates, regardless of party afiliations Objections’ werc made to this by some fastidious citizens, who claimed that as there were only five membe to be elected that one cancus could only nominate five candidates, consequently party lines were drawn and the two caucuses hell. There i no issue, but it is generally conceded that the inadvertent political division will precip tate a lively contest, as the town is pretty evenly divided, and both parties put up a strong ticket. The republicans nominated are William Von Dohren, A. B. Detweller, Henry Kelsey, Eggert Speek and James Nelson, The democrats put up Herman Frohm, Chris Dahmke, Chris Kaclber, Her- man Koch and Theodore Warnstedt, jr. WEEPING WATER Neb., March 19.— (Special)—At the primaties last night the democrats nominated Fred H. Gorden, mayor; George Sanzer, clerk; Frank Hubbard, treas- urer. he republicans nominated Robert Wilkinson, mayor; A. L. Timblin, clerk; T. M. Howard, treasurer; J. M. Teegarden, engineer. HASTINGS, Neb. egram.)—At the citizens' mass meeting held at the court house thiz evening Benjamin Reynolds was nominated for police judge; aldermen, T. I Hoagland, First; C. C. tenhouse, Second; E. J. Pease, Thi Monroe, Fourth; school board, Mr Jones, Mrs. I'. G. Russell, Rev. L. and Jacob Bernhard. ORD, Neb., March 19.—(Speclal)—The spring clections here hinge on the question of license. The license caucus met Saturday night and nominated the following ticket: Mayor, J. C. Work: clerk, H. Gudmundson; asurer, F. J. Dworak; school board, George Rogers, Joseph H. Capron and H. A. Good- rich. The anti-license caucus met yesterday afternoon and nominated this ticket: Mayor, D. A. Gard; clerk, J. L. Claflin; treasurer, Fd Clements; school board, S. A.'Stacy, Lon Firkins and J. H. Jennings. HILDRETH, Neb., March 19.—(Special)— A caucus of the citizens of this place held tonight resulted in the nomination of the following ticket for village trustees: C. E. Samuelson, W. S. Marr, H. B. Vincent, John Roberts and Walter Williams, 1t Is under- stood this ticket will favor license. No other nominations will probably be made. no March 19.—(Special Tel- TWO DARING BURGLAKS CAPTURED. Louisville, Neb,, Citize Detect brenkers in the Act. LOUISVILLE, Neb., March 19.—(Special Telegram.)—About 1:30 this morning James Stander discovered two burglars in his store helping themselves to a supply of clothing. Calling assistance he opened the door and ordered the men to surrender, which they did only at the point of a revolver. The marshal was notified and the men put in jall until after daylight, when they had their hearing before Justice Guess. They pleaded gullty to the charge of housebreaking, and Constablo Hartshorn took them to Dlatts- mouth this morning, where they await sen- tonce at the hands of Judge Chapman. It is thought the men came in Sunday on a Missouri Pacific freight. Entrance was gained by prying up a window. The authorities at Talmage want the same men on the charge of robbing a jewelry store In that town, but they will be sent to the penitentiary from this county on ac- count of their Louisville crime. House- ATTEMPT TO CONTROL THE SENATE. Stewart Made Charges that Saved His Edu- eationnl Land Measure, LINCOLN, March 19.—(8pecial Telegram.)— The senate engaged in a session this fore- noon marked by several interesting Incidents. One of the first of these came over he re- port of the committee on school lands and funds recommending the indefinite postpone- ment of Senator Stewart’s bill to prohibit the further sale of the educational lands of tho state. In urging the rejection of the report Stewart claimed that there were sev- cral large moncyed interests which were at- tempting to control the action of the senate in regard to this bill. He spoke so vigor- ously that the senate placed his bill on gen- eral filo by a vote of 27 to 4. Sifting Committees Hold Sessions, LINCOLN, March 19.—(Special Telegram.) —The house sifting committee of fiftecn held a preliminary meeting tonight at the Lindell aml organized, with Harrison of Holt as chairman. Nothing was done in the way of acting upon pending measures before the liouse. Although the sixty-day limit expires Iriday night in the house, it is understood that it will bo in session at least all of next week. The senate sifting committee met this even- ing at the capitol building. It recommended five bills for passage and considered ten or a dozen other measures upon which no action was taken. Hryan Has Renched LINCOLN, March 19.—(Speclal Telegram.) Hon. W. J. Bryan arvived here from the south this evening at 6 o'clock and was met at the depot by several hundred friends and a escorted to his residence. This is the first time he has vizited his home since the adjournment of congress. 1In the evening hie spoke to an audience at the Funke opera house which overflowed the building to the sidewalk. His theme was “Jefferson Still Lives.” Today was the 35th birthday of this eminent orator. Over 1,000 people were turned away from the doors. OATS Insist on having the Qua- ker name and trade mark on every package of Oats. None ‘“just as good as.” practice | TRIAL OF THE HILL CASE Suit Against the Ex-Treasurer to Come Up in Two Weeks, CBSTACLES TO TRIAL ALL REMOViD Administeator Appointed tor the Fitzgerald tate and Attorneys Agree to Pro- coed at Ones with the Hearlng Bofore the Jury. LINCOLN, March 19, the cases brought by the ka against ex-Treasurer dsmen to recover lost in the (Special)—~The trial state of Ne- Hill and his the amount of state's failure of the Capital National bank will commence before the supreme court two ‘weeks from today. The involves $235,000, money lost in the failure of the Capital National bank. It is an unusual case for the reason that it Is to be tried in the supreme court before a jury of sixteen men, to bo selected from different parts of the st money case Tho case has been pending for nearly two years, having first been brought in the dis- triet court in Dou Judge Davis dismissed the case for lack of jurisdiction. An appeal to the supreme court from the declston of Judge Davis resulted disastrously to the state, the supreme court holding that the suit should have been commenced in the district court in and for Lancaster county, the money having been lost in that county! hen Judge Wakeley and_Assistant Attor- ney General Summers, who had charge of the caso for the state, askel the supreme court to assume original jurisdiction on the case under the provision of the constitution which gives that court such jurisdiction In all elvil | to which the state is a party. Bx- urer Hill's attorneys fought this propo- bitterly, but the court granted the re- quest. Hon, V. V. Harlan of York and Hon, J. H. Munger of Fremont were appointed commissioners to empanel the jury. The caso has been postponed once or twice, the last time because of the death of John Fitz= gerald, one of the bondsmen. An administrator has been appointed for the Fitzgerald estate, and at a conference held between members of the supreme court and Judge Wakeley it was decided to begin tho case when the court meets two weeks from today. The jurymen will not be an- nounced until the case is called. s county sitic More Diversitied Agriculture, NORTH LOUP, Neb., March 19.—(Special.) —One of the signs of the times as regards the initiation of more diversified agriculture in this portion of the state is found in the fact that one gentleman in the community lias undertaken to raise several acres of vine seeds for a Sioux City seed firm, and another has Just received a_proposition from a prom- inent seed firm of Rochester, N. Y., relative to raising 225 pounds of tomato seeds. If the seed growing business be once Inaugu- rated here, it can doubtless be conducted with as much case and profit as anywhere in the United States, since the soil is not only ricl beyond the need of fertilizer, but is also re- markably easily tilled, and if the farmers once take hold of this business in earnest, there is no reason why they may not find it & mine of wealth. Sotd Liguor to Minors. NEBRASKA CITY, March 19.—(Special.)— George Stroble, a saloon keeper, was ar- rested today charged with selling liquor to minors. Stroble is a member of the city council and candidate at the comirg election for re-election on the independent ticket. He pleaded guilty and was fined $25 and costs, Two Fallures at Heatrice. BEATRICE, March 19.—(Special =~ Tele- gram.)—Beatrics has had two business fafl- ures today, Smith Brothers pharmacy and Clarke Browning's shoe store being closed. The amount of liabilities in either case can- not be ascertained at this time. Leonard, Mo. In Agony {5 Years With 8alt Rheum 4ood’s Sarsaparilla Cave a Perfect Cure. C. I.Tood & Co., Lowell, Mass. : “Hood's Sursaparilla is an excellent medicine. 1 hizd eczema in my left leg for fiteen years. P'art of the time my leg was one mass of seabs, nd about every week corruption vould gather ndder the sisin and the scabs would slouglioff. The Itching and Burning casation made me suffer indescribablo agonles I spenta grent deal of money for different rem- 3 but did not get relief, “About a year ngo, udlng physiclans advised me to take IHood's Sarsaparilit, 1did so and have taken five bot- Hood'ss: . Now all the sores, scabs and pzin have vanished and X am enjoylng perfect health, T tiink Hood's Sarsaparilia is sccond to none and adly recommend it to all suffering humanity.” L. CHEUVRONT, Leonard, Missouri. Hood's Pills act casily, yot promptly aud efciently,on the liver aud bowels, 25¢. RUPTURE PERMANENTLY CURED 2% NO PAY UNTIL CURED WE FEFER YOU 10 8,000 PATIENTS. ‘Writefor Bank References. EXAMINATION FREE, NoOperation. No Detention from Bustness, SEND FOR CIRCULAR. v 0. E. MILLER CO. BJSF WY Lifo Bldg.. OMAHA, NEB, s, AMUSBMBENT ! TWJ NIOHTS MORI MATINEE TODAY. WEDNESDAY aud THURSDAY, March 20 & 21. THE GREAT AMERICAN DRAMA THE GIRL | LEFT BEHIND ME. (Gompany No. MATINEE TODAY AT 2 Sold only Ia 2 Ib. Packages. | | | Prices—First Floor, We and Tic; Balcony, 25c and Soe EVENING PERFORMANCE AT 8. Pricesirat Floor, e and §1.00; Balcony, B¢ und 3