Omaha Daily Bee Newspaper, September 18, 1895, Page 1

THE OMAHA DAILY BEE. ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MOR G, SEPTEMBER 18, 1895—TWELVE PAGES. NEW BOARD GOES IN Dmaha Police Force Turned Over to Broatoh Vandervoort and Foster. SUPREME COURT DECIDES IN ITS FAVOR Last Fire and Police Commission L aw Declared Constitutional, OLD LAW REPEALED BY IMPLICATION Appointment of Churchill-Russell Commis- sion Said to Be Regular, - DPINION WRITTEN BY JUSTICE POST Full Text of Places the Force Und Am eri- ean Protective Association, the Decislon Which Omaha Polic r Control of the by s\ LINCOLN, Sept. 17.—(Special Telegram.)— The supreme court this morning filed its decision in the Omaha Fire and Police com- mision case with the clerk of the court. it 18 quite voluminous, comprising several thou- sand words, covering all of the points raied by the attorneys and quoting many author- ities. The decision in substance finds for the new Board of Fire and Police Commissioners and declares the act under which the board was apgointed constitutional. Upon the point raised by attorneys fo. the old board that Governor Flcomb did not attend the meoting called y Churchill and ussell at the (ime the new board was ¥ihamed the court holds that the interests of a state or municipslity are not to be Jeopardized by the action of one party. In conclusion the court finds that Broatch, Vandervoort and Foster are the lawfully con- stituted Board of Fire and Folice Commis- sloners of Omaba. The general points of the opinion, which was written by Justice Post apd concurred in by Chiet Justice Norval and Justice Harri- son, are brought out concisely in tie syllabus, which is as follows: 1. Section 11, article 1il., of the constitution Jprovides that “No law shall be amended unless the new act contains the section o sections so amended, and the tions so amended shall be re . that the term rcpeal is therein employ in “the sense in which it was unders when the constitution was adopted in 1 2. It had before that time been definitel settied as a rule of construct simultaneous’ repeal and re-enactment of a statute, In terms or in substance, {s a mere re-affirmance of the original act, an repeal in the strict or coustitutional sense of the term, 3: The great object to be attained by that rovision of the constitution is certainly in jeglsiation, hence all that s required is that be definite and aw amended, and germane 4, Tn 1887 an act was passed entitled, “An act ir~orporating citles of the metropolitan ¥ prescrib- In 1889 section 143 of said act was amended by the addition thereto of a provision not affecting its general scope and purpose, and the orig- Inal section was repealod, the title of the Leppioyed in the sense in which It was un- the amendatory act shall certain as to the to the original act. Neb,, 128 State vs Babeock, class, «ad defining, regulating and ing their powers and government, amendatory act beinj section 146 of an , and to sald sections s h rétorore existing. 1891 sald section was further amended by not affecting its tion as amended both acts preserving the num- section In 189 an act was passed entitled, “An act to amend section 145 of ‘An act {ncorporating efining, r powers and and That the the addition of a provision general object, and the was repealed, ber and language of the original except as affected by such amendment. cities of the metropolitan class, and regulating and prescribing ¢ government; approved March 3 as subsequently amended.” Held act last mentloned is not {nim constitution on the g Bection was repealed 5. The prov of the constitution, viz tain more than one subject and the whall be clearly expressed in the title,” intended to prevent surreptitious legi and not to prohibit comprehensive titles. The test is not whether the title chosen by the legislature Is the most appropriate, but whether It falrly indicates the scope and purpose of the act. 6. An act which embraces the entire sub- ject matter of a prior act and also addi- onal provisions will be construed as a ro- peal of the latter by implication. 7. The provision of the charter of the city 1887, al to the the act of 1889, of Omaha for a Board of Fire and Police Cemmissioners composed of three members, “iat least one from each of the two political | £€l parties casting the largest number of votes general election,” does itutlon of this the constitution of the United at the last precedin not conflict with the coi tate or Btates In prescribing party amliation as a qualification for office. If such provision be not mandatory In the sense that it is bind- itg upon the appointing power (a question not declded) it is at least advisory and will be accorded consideration consistent with the comity existing between different de- partments of government. 8. The ot of 1885 amendatory of the act of 1887 (chapter X, laws of 1895,) was passed over the veto of 'the goverror April 4, but did not under the provisions of rection 24, article ill., of the constitution, take effect until threo calendar months after the ad- Journment of the legislature for that ses- slon. Held, that the provisions thereln for the appointment of fire and police commis- sloners for cities of the metropolitan cla Wwithin thirty days from Its passage refers fo, the time when sald act t0ok effect as a law In the absence ®f a special provision to the contrary, the presence of all members thereof is not indispes notice neglect to attend the meetings of a Toard charged with duties to the publ or a quorum authorized by statute or b law, is the action of the board and equal binding as it all had attended and expre: assented thereto. The opinion itself 1s somewhat lengthy, made so by the numerous Issues raised by the contending counsel. It is as follows STATEMENT OF THE CASE aly This is an original proceeding In the nature of 4 quo warranto on the relation of the at- torney general under the provisions of sec- tion 114 of the civil code, to determine the rights of the respondents, who claim to be members of the Board of Fire and Commissioners for the city of Omaha. By segtion 146 of the act of 187 entitied “An act tncorporating metropolitan cltes, and defining, regulating and prescribing thelr powers and government,” hereafter referred to s the charter of the city of Qmana, provision fs made for a Board ot Fire and Police Commissioners, tonsistin of five members, to-wit, the mayor an four electors of sald clty, to be appointed by overnor. In 1889 and 1891 sald section mended by the addition thereto of Py to which reference will be her. after made, but which do not call for notice in this connection. In 1365 an act was passed entitled o an act entitled ‘An act incorporating metropolitan cities and defining, regulating and prescribing their powers dnd ‘govern- ment,’ approved March 30, 1887, and as sul requently amended, and (o repe a and which, it I8 conceded, took effect 1 following, valess v for reasons fter consideréd. By the last men- rovision is made for a Roard of re and Police Commissioners consisting of three members, to be appointed by the governor, attornéy general = and missioner of public lan: It is disclosed by the pleadin, upon which the cause is submitted that on the day lagt named said board was composed of the followlng members, to-wit: Howard B. Smith, Viry ‘?. Strickler, D. Clem Deaver and Charles H. Brown, all of whom had been in due form appointed by the governor, and fl.oril P. Bemls, nllzflr of sald eit and will, for convenlence, be referred to as “lg nll%lbo"a‘ly of August the respondent: n ents, Wl 32 S0 AR Vanduepandoate; Ibert C. Fost were named as fire and ice commissioners under the provisions the act of 1885, the record of thelr ap- pointment being as follows Y, 8 i oclock a m.—Appolnting £ S Al i ol fim notice heretofare o wiven of 3 tood not a und that the original | N fon of section 11, article 1., “No bill shall con- the ble to the transaction of business by a public body or board, Where members having reasonable lic the action of those present, if a majority of all Pollce 'An act to amend section 145 sajd meeting. missloner put Churchi com- Present, H, Russell, ¢ A8 ands and buildings, and Eenes owing proceedings were had: I was chosen chairman pro ) appoint fire and police o sloners of the city of Omaha Whereupon W. J. Iroatch was appolnted one of the snid fire and police commissioners of sald city for the term ending December 31, 1895, FPaul Vandervoort for t term ending Decem- 96, and_A. C. Foster for the term ing b and commissions structed (o be fssued according The: being no other business, after walting until 11 lock @, m. of sald date, the board adjourned. Record read and approved. M. C. RUSSELL, Chairman Pro Tem. CHURCHILL, Secrétary Said respondents subsequently qualified in the manner prescribed by law and will be referred to %s the new board. — Messrs, Strickler and Smith, upon the appointment and qualification of ne new board, recog- nized the title of the latter, and refused to join in resisting their claims to the offices in controversy, - NOT A KEEPER OF CONSCIEN It #hould be remarked as preliminary to n exami fon of the cause on {ts merits that this court is not the Keeper of the legislative conscience and that the motives of members of the respective houses or the wisdom and propriety of the act involved present no question of judicial cognizance. That act Is, we may assume, as are most, if not all, measures of like character, wholly indefensible Still, the caustic arraignment of counsel should’ have been addressed to another department of the government, #ince it Is not within our province to criticise or defend it as a matter of legisla- tive policy. It should be remembered, too, that all presumptions are in favor of legis- lative acts, and that no act will be declared invalid unless #»lnlnly and frreconcilably in conflict with t constitution. With these general observations we will proceed to a consideration of the questions discussed and which will, so far as practicable, be ex- amined in'the ordef” presented by counsel for the old board. It is in the first place stion 145 of the act of 1557 was repealed by the act of 1889, amendator. and that the attempted amendment of 1895 Is accord- ingly without force or effect. That argu- ment renders necessary an examination of the several acts mentioned, o far as the relate to the subject in hand. Seotion 116, as originally adopted, not only provides for a Board of Fire and Police Commissioners, not more than two of whom shail belong to one political party, but also in explicit terms defines their powers and duties. = The act of 1859, entitled, “An act to amend gec- tion 145 and to repeal said sections as here- tofore existing,” 'is a literal re-e tment of the section amended, except that it pro- vides for the government and control of the city in accordance with rules adopted by the Board of Fire and Police, instead of by ordinance; and the further provision therein for the giving of bonds by the members of the board. The act of 1891 provides fcr the appolntment of the members of the board from the three political parties casting the largest number of votes at the last pre ceding election, but s otherwise a re-enact- t of section 145 as previously amendad. he following paragraph from the brief of counsel {8 the strongest possible prosenta- tion of the on from the standpoint Section 145 was gmended tion 46, chapter 3 of 1589, and was_re- Sec- the 12; led, 80 that it ce tion 46, act of 188, w complléd statutes as se (a) entitled cities of the metropolitan cla and was In turn amended by section 3 chapter 7, laws of 1891, in the fitle of whicl it was désignated as section 145 of chapter 1Za, compiled statutes, and the section amended was express] aled; so that section 145, chepte the' compiled statutes then ceased to exist, and the law that continued thereafter in force was neither section 145 of the section 4 act of 1889, but section of the act of 1801; and sectlon 145 of the act of 1857 had not been In existence since 1889, the act of 1805 touches nothing, and Is absolutely void.” The fallacy of that argument lies in the assumption that the effect of the mandatory acts is in proper rense a repeal of the orig- inal section. NOT STRICTLY A REPEAL. True, as provided by gection 11, article fii., of the constitution, “No law shall be amended unless the new act contains the section or sections amended, and the sec- tion or sections amended shall be repealed. But the term repeal Is therein evidentiy s into tion 115, chapter derstood at the time the constitution was adcpted. It had before® that time been definitely settled as a rule of construction that the simultaneous repeal and re-enact- ment of the same statute in terms or in substance is a mere affirmance of the orig- Inat act, and not a repeal in the strict or constitutional senep of the term. (Ely vs Holton, 15 N. Y. Moore vs Mausert, 49 N. Y. Fullerton’ vs Spring, 3 Wis. Middieton' vs R. R. Co., 26 N. Y. E., 26 Wright_vs Oakley, 5 Met, Pacific’ Maii 8. 8. Co. vs Joliffe, 2 Wall 450), and the rule thus stated has been disti recog- | nized by this court. (See State vs McColl, 9 b. 203, and State vs Wish, 16 Neb. 418, In the ‘case last cited Maxwell J. uses the following language: “We hold that where the re-enactment is In the words of the old statute and was evidently intended to~confinue the uninterrupted operation of such statute, the new act or amendment Is a mere continuation of the former act and not In a proper sense a repeal.” The act of 181 did not abolish section 145, as originally enacted or as amended in 1889, but on the contrary re-enacted it in terms with the exceptions above noted. Nor is the fact that the act of 1891 refers to the section as it appears in the complled statutes at all material, since it was the original act which was amended, the reference to the compllation being for convenience only. Of the cases to which we are referred by coun- for the old board, Coffin vs Rich, 45 Me. 507 has been cited as an apparent ex- ception to the rule ahove stated. (See 23 Am. Eng. Encycy of Law, 6i5.) But the later statute, as appears from a careful examination of that case, imposed upon stockholders of corporations a lability dif- ferent from that of the former act, and was construed as a technical repeal rather than a mere re-enactment of the old law. In Louisville & Nashville R. R. Co. vs East St. Louls, 134 111. 666, the facts are not fully re- ported, but it appears from the opinion of the court that the legislature had attempted to amend a section which “had been pre- viously amended by a distinct and complete section.” It cannot be determined whether the act referred to was amenda- tory merely or whether It substituted new and distinct provisions for the original sec- tion. Tn the State vs Benton, 33 Neb,, 823, the act sought to be amended had 'been re- pealed by implication, leaving nothing to which the amendatory act could apply. In Hall vs Craig, 120, Ind, 6, the question of the valldity Bf the latter statute was not determined, the court preferring to treat the acts as in part materia. Although earlier decisions of that court seem to sus- tain_the proposition here asserted and may be regarded as exceptions to the rule, other cases cited deal with repeals proper rather than amendatory acts, and need not be examined at length. The great object to be attained by tho constifutional re- quirement {s certainly in legislation and to avoid the doubt and perplexity which would Ineyitably ‘result from ‘the amendment of statutes by reference to sentences or words. As said by this court in State vs Babcock, 23 Neb., “All that the law requires i3 that the amendatory statute shall be definite and certain as to the act amended, and ermane to the title of the original act. §Vhen tested by that rule it would seem that the reference to the prior act as section 145 of the act of 1587 “and as subsequently amended,” is not appropriate merely, but is gmbubly the most accurate that could have een devised, since it satisfles the demand of the constltution and is consonant with reason. ACT NOT BROADER THAN ITS TITLE. It is next argued that the provision of the law of 189, for the removal by the officers designated ‘as the appointing board, ‘of fire and ‘police commissloners, for officlal mis- conduct, s broader than'its title, and ac- cordingly Invalidates the entire act. But that law is, as we have seen, amendatory of the luw of 1857, and not an independent measure, hence we must look for its title to the act last mentioned. We shall not examine the cases cited from other States since every phase of the question presented has been fully considered by this. court The constitutional requirement, viz: “No bill shall contaln more than one subject, and the same shall be clearly expressed in the title,” section 11, article {li. Const. was intended to prevert surreptitious legis- lation, and not to prohiblt comprehensive titles.' The test Is not whether the title chosen is the most appropriate, but whether it fairly tndicates the scope and purpose of the act. Aulhurl(?' a ‘proper, t to remove unfaithful officers is not u necessary incident of mu- nicipa overnment, and the provision therefor is obviously within the title of the sct “defining, regulating and prescribin, the duties, powers and government" of eities of the metropolitan class. Another criticlsm of the act under con- sideration s that it confil with certaln other sectlons of the city’ charter not therein referred to, among which are men- tioned ction 14%a, chapter 12a, Complled authorlzirig the pointment of a 167, 1ding Ih:l lh. I"I\n:)y:r .:l‘l' ““.Ihm . provi o receive, an'a’momber of the Board of Mire and B lice Commissioners, the compensation al- lowed the other members of sald board. Section 14a is not found In the mct of 187, but in the act of 1893 entitied “An act to (Continusd oy Fitth Pa act of 1887, nor| DODGE DELUGED WITH FIRE One Hundred Thousand Dollars Worth of Property Destroyed, BUSINESS PORTION TOTALLY CONSUMED Scribner and Fremont Departments Arrive on nl Trains but Too Late to He of Ma- terinl Service. DODGE, Neb., Sept. 17.—(Special Tele- gram.)—This city was treated to a deluge of fire today and nearly every house in the city was destroyed. The damage is over £100,000. The fire started at 1:50 p. m. in a emall sled containing hay connected with the iiv- ery barn of Willlam Neuveman. The wind was blowing a gale from the southwest, caus- ing the fire to spread with inconcelvable ra- pidity, and in thirty minutes the entire bus- incss portion of the town was destroyed. The fire apparatus consists of one hook and ladder truck, which was absolutely of no value. There was practically no water avail- able and no way to use it if there had been. The entire population worked heroically, saving merchandise and household effects, but the time was too short to accomplish much in that direction. The Elkhorn road was applied to as soon as the fire started and responded promptly by transporting the entire Scribner fire department and a com- pany of firemen with a chemical engine from Fremont. Both companies worked nobly and Qid great good, though they could not get here in time to save the town from destruc- tion. LIST OF LOSSES. The losses are covered by not more than 25 per cent Insurance and are: I E. Atk'n- son, buflding and drug stock, $3,600; R. H. Meyer, hardware stock, $5,000; John Bower, building, $500; V. Samik, building and confectionery stock, $1,600; John Tuma, bui'd- ing and furniture stock, $4,000; Joseph Weis- ner, two business builiings and meat market, $4,000; Storek & Gothman, general merchan- dife sfock, $1,500; J. Imsicke, busin:ss buiid- ing, $2,000; H. Hostfelker, two busin:ss build- ings, barn, etc., $25000; John Middl:ton, livery barn, $1,000; P. Graaser, residence and household goods, $1.500; M. Polieine, busi- ness building, $1,600; C. Woodruft bullding and hardware stock, $5,000; V. J. Yunek, residenc, implement house and implements and saloon, $12,000; A. R. Hasson, business building and houtehold goods, $2000; B. E. Burns, Dodge Criterlon, $500; T. Huclik, business bullding, $1,000; Seib & Hubenka, saloon stock and building, $2,000; Milligan & Harbak, building, general merchan stock and machinery, $32000; Mrs, A. Kru hotel building and furniture, livery barn and two business buildings, $12,000; Traulsen Bros., business building and furniture stock, $5,000; C. Dunker, business buildiog, imple- ment ' stock, saloon and household goods, $7,000; F. Cerney, damage to clo‘hing, $00; Mary Tickus, business building and stock, $400; Mrs. Harder, business build ng and mil- linery stock, $500; W. Patterson, building and barber shop, $500; H. Hensel, business building and four residences, $2,600; I. Studineckd, business building and residence, $1,500; W. Patton, lumber office and yard, 00; J. Mosher, hotel building, $25; F. Porter, hotel furniture, $15; George Woyt- che, blacksmith shop, residsnce and houte- hold goods, $1,500; K. Seib, business building, $600; J. Tuma, business building, $400; F. Shiminick, business building and tailor shop, $500; A. S. Woboda, business building, $400; H. Quesner, business buflding, $1,400; F. Tichota, blacksmith shop and tools, §700; V. Krasl, drug stock, loss unknown; H. Becker, merchandise stock, $10,000; T. Rhode, meat market, $500; F. Schmelser, residence and household goods, $800; bank building, $2,500; F. Schmidt, business building, $1,40); Dietrich, blacksmith shop and tools, §70 W. Neuveman, buggies, harness, etc., $500; John Greve, boot and shoe stock, $1,400; R. M. Herre, jewelry, $150; J. Chmela, harness, robes, etc., $500; Joseph Brodhun, damage to business building, $500; Willlam Parr, sa- loon, damage, Uher Bros., business building, . Schlote, ~residence and household goods, $1,600; C. C. Whipps, Dodg: Advertiser, $700. TY TOW. BURNED. Filley Visited by a Disastrous Fire— List of Losses. BEATRICE, Neb., Sept. 17.—(Spzc'al Tele- gram.)—The little town of Filley, in the east- ern part of Gage county, was the scene of a disastrous fire at 2 o'clock this morning, the loss being estimated at about $11000. Spontaneous combustion is the accepted theory as to the cause of the fire. L. B. Canfi:ld, hardware and harness dealer, lost on building and contents, $4,500; insurance, $3,300; W. C. Hill, impiement dea'er, loss on' building and stock, $3,000; insurance, $1,600; Georgs and A, B. Waddington, loss on building, $£1,000; insurance, $600; Amos Wright, build- ing, $500; no insurance; Mrs. B. R. Pratt, oc- cupying Wright's building, loss on notions, 8 boUbARB0 == LS NN Big Glnss Works Damaged by Fire. ALEXANDRIA, Ind, Sept. 17.—The Amerlcan plate glass works in this city caught fire at 8 o'clock tonight, and at 10 oelock the main building, 600 feet long, was enveloped in flames, The fire originated from the Igniting of escaping gas from a defective pipe in the casting room. The plant is the largest of the kind in the world. Major Doxey, president of the Glass Works company, arrived from Anderson on a sp. cial train with a lot of firemen, and at mid: night the fire was under control. The fur- naces and building containing the grinding machines are not injured. Octavin Blevator Burned. OCTAVIA, Neb., Sept. 17.—(Special)—Last night Kunkee & Co.'s elevator of this place was consumed by fire. The inhabitants by great efforts managed to save neighboring lumber and coal sheds. The milk separator building belonging to the Nebraska Cream- ery assoclation of Fremont, which adjoined the clevator, was consumed and with it one stock car belonging to the Elkhorn. The origin of the fire is as yet unknown. The total loss will reach nearly $8,000 in all; insurance light. — - Little Girl Run Down by a Motor. BEATRICE, Sept. 17.—(Special Telegram.) —This evening as & motor car was going south on Sixth street, and within a few yards of the crosing of Bell street, Ruby, the little 5-year-old daughter of Ed Delude, was struck and almost instantly killed. The little glrl, after crossing, turned and in at- tempting to get back was struck on (he head and knocked down and one of her Teet catch- ing i a wheel or some part of the gearing of the car, she was dragged some distance. A little colored boy, who saw the accident, alled to her, warning her not to try to cross and also tried to catch her and stopped only just in time to save himself. An examination showed that the=little one's neck was broken, a bad wound on the forehead and an arm broken. — Henry Gable Bound Over. PLATTSMOUTH, Neb., Sept. 17.—(Special Telegram.)—Quite a crowd of witnesses from Louisville were in attendance at Judge Archer's ccurt this afternoon giving testimony in the case wherein Henry Gable is charged with shooting Adolph Steincamp with intent to kill. The judge bound the defendant over to the district court in $2,600 bonds. Movement of Ocean Steamers, Sept. 17 YAtksoulhnnunun—Arrlved~Llhn. from New ork. \'Alk Boulogne—Arrived—Vendam, from New ork. s At Bremen—Arrived—Saaler, York. At New York—Arrived—W, Antwerp; Mohawk, from Londo: from Rotterdam, from New rland, from Rotterdam, NAME THE JUDICIAL CANDIDATE Republican Conventions of Several Districts Make Seleetions. DAVID CITY, Neb, Bept. 17.—(Special Telegram.)—At the republican convention of the Fifth judicial district held here today, S. H. Sedgwick of York and H. M. Kellogg of Hamilton were nominated on the first ballot by a combination of York, Hamilton and Saunders countles. HILDRETH, Neb., Sept. 17.—(Special.)— The republicans of Franklin county placed in nominatien Saturday at Bloomington the following ticket: Treasurer, J. J. Chitwood; clerk, R. A. Glenn; clerk district court, J. E. Montgomery; county judge, R. 8. Douglas; sheriff, Frank Moritz; superintendent pub- le instruction, Miss Tillle McClellan, KEARNEY, Neb., Sept. 17.—(Speclal Tele- gram.)—In the republican judiclal convention at Ravenna today Judge H. M. Sinclair of Kearney was nominated on the first ballot. Wall of Sherman county and Gutterson of Dawson were the other candidates, but made speeches after the nomination pledging their support to the ticket. VALENTINE, Neb, Sept Telegram.)—Tnat the judiclal convention of the republican party, held at this place to- day, would be one of the utmost unison was a_foregone conclusion, but that the two pres- ent incumbents on the bench in the Iif- teenth judicial district should be nominated by acclamation came somewhat in the na'ure of a surprise, as several of the westarn counties came instructed for a local candi- date. At 2 o'clock Chaliman Trommers- havsser called the convention to order, Colonel Johnson of Atkinson was elected temporary chairman and Dr. Knight of Al- lianc» secretary. After the usual committees had been appointed a recess of twenty min- utes was taken. The report of the commit- tees made Hon. Charles H. Cornell perman- ent chairman and Sanford Parker and Dr. Knight secretarips as well as directing the order of business and adopting resolutions re-affirming the national platform and their allegiance to the party. Hon. M. P. Kin- kaid and Hon. Alfred Bartow were renom- inated by acclamation, Cherry county only casting its vote for Hon. J. Wesley Tucker, its home candidate. After &peeches of aé. ceptance by the nominees, several promi- nent republicans present spoke, John Trom- mershausser was re-elected chairman of the Judicial committee and one of the most en- thusiastic conventions ever held in the dis- trict _adjourned. NELSON, Neb., Sept. 17.—(Speclal Tele- gram.)—Nuckolls county republicans held the largest convention here today ever held in the county, there being 133 delegates present. A spirited contest was witnessed over the' choice of sheriff. Nine ballots were necessary to determine the candidate. Some sharp discussion resulted over the Introduction of a resolution proposing a change from the delegate conventlon to the primary system. The resolution was voted down by an. over- whelming majority. The best of feeling pre- vailed. ~ The ticket: J. C. Gilmore, treas- r; F. E. Bottenfield, clerk; T. C. Laird, clerk district court; th C. Warren, sheriff; Miss C. A. Gorby, superintendent; A. W. McReynolds, surveyor; Dr. C. O. coroner; delegates to state tion, Frank ~ Lawson, §. P. Corkle, I A. Wright, W. A. Berg- stresser, 8. T. Caldwell, A. C. Felt, A, C. Maynard, R. K. Hill, G. L. Day, J. K. Nor- 17.—(Special conven- M- wood, J. F. Kelfer, C. E. Adams and A Wiggins. The convention requested Hon, S. A. Searle to nominate the delegation to the Judicial ~ convention, which is as fol- Tow G. L Dayy J. D. Steln, W. H. Dean, G, W. Stubbs, S. T. Caldwell, John Seaman, D. W. Montgomery, §. Y. Baird, J. M. Stanley, B, D. Brown, H. W. Short, M. A. Ruble and Fraok Coleman, NORTH LOUP, Neb., -Sept.” 17.—(Special.) —The North Loup republican club met at the town hall last night for the purpose of re- organization and election of officers for the coming year. A healthy cnthusiasm based on the settled conviction that this is a re- publican year, made itself manifest in every member and the work was entered into with a vim. E. S. Sears was elected president and J. H. Babcock secretary, assisted by an executive committee of eleven members, County Clerk Kokes, who is a candidate for re-clection, was present, as was also Thomp- son, candidate for county judge, and Rev. Mr. Maimann, candidate for county superin- tendent. Rey. Mr. Maimann made the prin- cipal address of the evening, being followed by remarks by Thompson and Kokes, SIDNEY, Neb., Sept. 17.—(Special Tele- gram.)—On Saturday the republican county convention will be held here. The following Tuesday the populisis hold theirs. The dem- ocrats will not have a convention, but will present their candidates by petition. OAKLAND, Neb.,, Sepi. 17.—(Special.)— The Burt county républican convention sembled here today at 1 o'clock p. m., and nominated this ticket: J. F. Piper, treas- A. M. Anderson, clerk; F. B. Ward, W. A. Harding, superintendent; F. L. Cook, clerk of the district court; W. E. Pratt, surveyor; F. Simon, coroner; A. J. White, commissioner, Second district. Judge C. T. Dickinson was permitted to select the delegates to the judicial convention. A let- ter from Judge Hopewell was read, with- drawing from the race, and heartily en- dorsing Judge Dickinson, Judge Dickinson made “the following motion, which was en- thuslastically endorsed by the convention: “That the delegates to the state convention cast the votes of the delegation for Judge M. R. Hopewell for supreme judge, and use all honorable means to sccure his nomi- nation.” The convention was very harmonfous. IMPERIAL, Neb., Sept. 17.—(Special)— The Chase county popuiist, convention con- vened here Saturday. Four precincts out of fifteen were not represented. The following ticket was placed in nomination: E. B. Sut- ton, county treasurer; W. T. Brass, sherl; Charles Branerd, superintendent; Phillip Sum- mers, coroner; and Frank Fulke, commis- stoner of Second district. For the offices of county clerk and judge no nominations were made, pursuant to an agreement with the democrats Just prior to the convening of the convention. There has been an earnest effort made by the democrats to fuse with the populists, but the proposition does not meet with a very hearty endorsement by the mid- dle of the road populists, and many will not support the ticket nominsted today on ac- count of the trade made by the two rings, which have been holding . nightly meetings to the end of fusion. The democrats Will hold their convention September 28, CRAWFORD, Neb., iSept. 17.—(Special Telegram.)—Dawes county's populists in con- vention here today nominated the following ticket: Treasurer, Senatpr H. G. Stewart, sheriff, P. G. Cooper; clerk, J. G. Harmo clerk of court, T. B. Coxey; county judge, 1. 8. Ricker; sueprintendent of schools, G. T. Clark; coroner, G. B. Rogea; surveyor, G. P. Garrison. After ticket was nom nated Messrs. W. H. Westover and L. Gelden, populist nominees for judges, ad- dressed the convention. PECULIAR TRAGEDY AT SCRIBNER, Fyed Heortman and Wife Found Dead 3 in Thelr Resldence. SCRIBNER, Neb., Sept, 17.—(Special Tele- gram.)—Since Sunday Mr, amd Mrs. Fred Hartman of this place have heen missing and an investigation this evening resulted in the discovery of a terrible tragedy. She now lies dead in the lower room of thelr residence in the east part of fown with a hole in her neck and he hangs to & rope in an upper room. A coroner's inquest will be held to- morrow, The entire matter is a mystery, Crawford Woman Killed. BIG SPRINGS, Neb., Sept. 17.—(Special Telegram.)—Mrs. Carpeater, a lady living ten miles north of hers, while returning from Ogalalla last night was thrown from the wagon and died from the injuries (his morning. She had taken her son-in-law, John Orr, to the above town on his way to Omaha. He is now in Omaha In company with M. A. Daugherty. New Woman a Fuctor at Siduey. SIDNEY, Neb., Sept. 17.—(Special Tele- gram.)—The new woman is hecoming a stern reality here. A class In physical culture has been ‘organized and the ladles will shortly have a full-fledged gymnasium. Bloomers will be a promiuent feature. Robinson,. SINGLE COPY FIVE CENT {IT WAS NEBRASKA'S NIGHT Another Great Parade Along Omaha's Brilliantly Lighted Streets, VIEWED BY THE ADMIRING THOUSANDS Cuming County's Flont Walks Away with the First, While that from Merrick County Captures the Second Prize, It was Nebraska night and was character- ized by such a showing as would be possible only in Nebraska. There were floats from the various counties of the state, rich in ma- terial and artistic finish; there were bands galore, and their music was a most enjoy- able feature of the parade; there were pretty girls in charge of the floats; there were steam engines and steam threshess with caliope attachments, cowboys and Indlans, a devil's furnace and a palace of Ceres, advertising cars of the most unique design and crowds that were in a mood to appreciate and ap- plaud every attraction. The parade was billed to start from Six- teenth and Izard streets at 7:30 o'clock, but it was nearly an hour after that time before Marshal Mount was enabled to give the order to march, The delay was occasioned by the inability to get the heavy floats in line sooner. The parade moved south on Sixteenth to Douglas, east to Tenth, south to Farnam, west to Bighteenth, north to Douglas, east to Sixteenth and north to Izard. All along the line of march the streets were simply massed with spectators. and it was only by herculean efforts and constant vig- ilance that the poiice managed to preserve any semblance of order. On Douglas and Farnam streets, and especially in the vicinity of the reviewing stands at the corner of Eighteenth and Farnam, the crowds were 50 dense that progress along the strects was seriously impeded and efforts of the police to prevent delays were unavailing. The tak- ing features of the parade were most heartily cheered all along the line of march. RED MEN WERE AT THE FRONT. Sergeant ller, commanding a squadron of mounted police in full uniform, cleared the street from curb to curb. The Nebratka State band of Lincoln, under the lead:rship of Robert S. Browne, with twenty-six piecas, led the long procession, immediately pre- ceding a band of the Independent Order of Red Men of Nebraska, The Red Men were in full feather and blanket regalia, and were commanded by Grand Sachem Charles War- ner, ably assisted by Sachem Fred Ahler and Prophet F. E. Hodges of the Omaha tribe. Scouts B. J. N:lson and J. W. Mer- riam and thirty Red Men made up the con- tingent. Then came the rough riders of the plains, headed by Rattlesnake Pete, Long Haired Burke and “Kid" Nuckole, These at- tractions formed the general introduction to the spectacle which followed. The first division of the parade was In charge of Marshals M. H. Collins and H. J. Penfold. It was headed by the First Regi- ment band, Nebraska National Guards, one of Omaha's finest musical organ‘zitions. The Kearney float was given the place of honor in this division. It was a complete model of the celebrated cotton mill, the only one cf its kind in the west. The model, which was about twenty feet long, rested upon a base formed of Nebraska products of the fleld, orchard and farm, the whole being tastefully arranged.. The Central City float came next, representing a palr of sea horses drawing a huge ocean shell, the latter being fiiled with agricultural products. Upon a raised divan in the center of the shell rode Miss Gertie Persons, one of Central City's charm- ing_misses. The float was in charge of H C. Persons, Thomas Hull and Howard Sell- man, SOMETHING OF THE PRIZE WINNER. The second division, in command of Mar- shals Max Meyer and J. C. Colt, was led by the West Point band in handsome maroon and white uniforms, trimmed with frogs ot silver braid, and under the leadership of Harry Raile. It marched ahead of the Cum- ing county float, one of tha handsomest in the parade. This float, designed by J. P. 8. Neeley of West Point, represented an allegorical tableau, entitled “The Temple of Ceres.”” 1y was 10x15 feet in size. On each corner rose a pillar surmounted by a globe There were four of these pillars, represent- ing West Point, Beemer, Wisner and Ban- croft, the four principal towns of the county. In the center of the float rose a dome crowned dals, upon which was seated the Goddess Ceres, impersonated by Mrs. Joseph Zaycek, wife of the popular county clerk of Cuming county. Mrs. Zaycek wore a crown in which were encrusted $5,000 worth of diamonds, furnished by Max Meyer. The entire float was worked with seeds and grains and so artistically had the mosalc work been done that one could hardly realize, that nature had grown the material for such beautiful handicraft. The Seventh Ward Military band of Omaha marched next and just ahead of the Beatrice float. This was the largest float in the parade, being forty feet in length. It represented the thirty years' history of Gage county. On the forward truck was shown a sod shanty, patterned closely after the home erected by Daniel Freeman on the first home- stead ever entered in the United States. Upon the rear truck was an allegorical tab- leau representing the proud position of the clty of Beatrice. Upon a raised pedestal in the center and standing beside an enormous cornucopia was placed the Queen of the Blue, At each corner of the pedestal were living statues, marking the progress of Beatrice. The Queen of the Blue was impersonated by Miss Ella Cox, Miss Elizabeth Farrer representing Agriculture, Miss Cornelia Shultz Commerce, Miss Mary Dean Manufacture and Miss Har- riet Ewing Art. The Union Pacific was typleally repre- sented by the next float, which consisted of an euglne, tender and a fast mail car, all “life size.” The engine and car were tie work of machinists of the shops In this city and were perfect reproductions of the big locomotives which traverse the cverland route. The train was in charge of Conductor Tom McGovern, Engineer George rett, Fireman P. E. Cusick, and Brakeman Fred Busch. Following came the Durant Hose company, elghteen men in line, under com- mand of Chief John Reed. The Douglas county float naturally brought out cheers along the entire line of march. It was a mammoth affair, thirty feet in length and nearly as high. Crowning the float was an enormous ear of corn, ten feet in levgth and four in diameter. Above the ear of corn was the legend, ‘“Douglas County, the Key to the State” An immense key nearly ten feet high and thick in pro- portion gave ocular proof of the truthful- ness of the legend. The driver mounted a pumpkin three feet in diameter. The float was designed by E. G. Soloman and Oscar Plcard. FLOATS AND MORE FLOATS. The third division started off with the Hawkeye Independent Order of Odd Fellows' band of Council Bluffs, under the leadership of E. R. Touzer. There were twenty-two members, arrayed In cadet gray uniforms decorated with black braid and black fatigue capa. Their playing was as good as any in the parade. The Cudahy float, which followed, was a huge display of the products of the firm, which were arranged in pretty effects. A great can occupled the center and was topped with an {lluminated crown and adorned with tiny globes, which flashed out at intervals in the colors of the Knights of Ak-Sar-Ben. In front and behind, facing the street, were panels in yellow, red and green, in the center of which was either the initial or name of the firm, displayed alternately in the same colors. Arranged all about were cans of the different products of the firm. Crowning the whole float and on the front was a great bull, while in the rear at the corners two hogs were sitting on their haunches, holding aloft Ak-Sar-Ben bannerettes. The float was drawn by six horses and gulded by as many attendants on foot. The affair was in charge of D. Cameron. Behind came the float of D. T, Mount, di- vided Into four apartments, in each of which was lald out a bed of coal. Four lantsrns THE BEE BULLETIN. Weather Forecast for Nebraska— Generally Fair; Cooler; Westerly Winds. Page. 1. A P. A, Police Bl Held Good, dge Almost Wiped Out by Fire. Nebraskn Night aha, Hot Day at the State Fair, Dull Racing in a § cks Meet on Gravese 1al and Comment. 11 Blufts Local Matters. vention, d Finanelal. Bulleting for the Week, clver Charges Frau d's Track. 1 Down at Lin Holding Its Ow: nce Meeting.” of Successful Spreckels. Aatiguities Made While You Walt, . Competing with Convict Labor, the Falr Grounds: Judging in All Departments, Band Concert at 10 a, m. Racing at 2 p. m. the City: Matinee at the Creighton, 230 p. m. Matinee at the Boyd, 2:30 p. m. Beneh Show at Creighton Hall, Civie Parade, 8 p. m. “Derby Winner" at the Creighton After the Parade. Roland Reed, Boyd’s, 8 p. m. hung from tho corners and threw out the colors of the knights, and the entire was decorated with the same colors. It was drawn by four spirited horses, driven by J. Handwright, who was In charge of the float. A unique affair was the float of the Evans Nebraska Shirt company, an African court on wheels, Martin Meyer of the company, black as the ace of spades, sat on his digaity and a throne In the rear end, with a number of equally black boys about him, fanning his august brow with huge palm leaves. In front, dressed as attendants of the court, were grouped the mombers of Silvertongued quartet, James Smith, John Bruce, W. M. Lewis and L. J. Proctor. All were dressed in gay costumes, and to add effect to the scene, the quartet sang songs when the bands would permit. PRIDE OF BUFFALO BILL. The Adams Express company presented an Interior view of an express car with the customary accompaniments of bags of gold, safes, messenger Kit, rifles, guard and mes- sengers, but with the unusual adornment of a pretty mite of a girl seated in all her glory In the center, “Eve, Adam's express com- panion.” Her name was Goldie Ross, and she was regally dressed to comport with her dignified and innocent beauty. Near her was the armed guard, Pete Head, with mon bags and chests all about him, and close by was the mesenger, Art Kingsbury, and his helper. The float was in charge of George F. Davis, and was drawn by by four horses. Following was the finest arrayed band in the whole parade, the Gordon Silver Cornet band of North Platte, all resplendent in white and gold, headed by Drum Major F. B. Hardman and under the leadership of Prof. M. Klien. Each member was uniformed in white and black, Russia jackets and capes of white English broadcloth, gorgeously adorned with real gold braid, tight fitting white trousers, jet black leggings and silver helmets decorated with white waving plumes. ‘The uniforms ago valued at $1,000, and were the gift of Hon. W. F. Cody. The band created a marked sensation, particularly as their playing was in keeping with their spleadid appearance. . 1t was followed by a float of the Hammond Packing company, drawn by four horses, which were led by attendants in_white. The float was the car of the Goddess of Liberty, depicted by & handsome young ~woman, Miss Murphy of South Omaha. About her was her court, representatives of a dozen nations of the world, each arrayed in national costume, Among them wero four sweel singers, the Hammond quartet, composed of J. B. Smith, J. C. Colley, T. Broadhurst and E. G. Ro- zelle, who entertained the crowds with many selections, The entire float was adorned with products which the company turns out, ar- ranged in pretty designs. A big ca’clum light placed in front was flashcd a'ong the entire line of march. SAMSON'S' MEN WERE THERE. Behind came the patrol wagon, with four of the “finest,”” Driver O'Brien and Offic:rs Poole, Ravencamp and Fahey, with un'fo:ms as neat as they could possibly be made and buttons shining like silver. It was escorted by the Omaha military band, In neat and modest blue uniforms, under the d'rection of M. Anderson, who kept the minions of the law in good humor by their playing and mado the patrol horses pranco along the whole line. An interesting float was that of the Ault- man & Taylor company, which was drawn by an engine made by the firm, and which had decided caliopean’ propensities, and per- sisted in hoarsely uttering the stralns of melodious “‘Home, Sweet Home,” to the huge amusement of the crowds. There were two more sections to the float, one repre- senting the arduous threshing process of the olden times with flails, and the other being an up-to-date and the latest improved threshing machine. On the floats were s dozen men in charge of Manager F. L. Loomis. - A huge wagon drawn by four horses and crowned with a great cigar, twenty feet in leogth, comprised Robinson Bros.” displ On top was statloned a colored quartet, which sang a variety of plantation songs as it passed through the crowd. The display was in charge of B. L. Abrams. In a heavy, brightly painted wagon, A L. Dean & Co. displayed one of their big gest safes. Behind the parade was the crowning float of the evening, that of the Knights of Ak- Sar-Ben, ablaze with fire and escorted by a resplendent band, which uttered cheerful strains of music to drown the anguished cries of a number of candidates who were being publicly initiated into the order. The float had been delayed because some of the candi- dates had been *‘accidentally” dropped on the hard pavement, and consequently it was missed by a larger portion of the crowds. The float will be shown again in the parade to- night, and in order that it may not be de- layed the ‘“dropping on the pavement” por- tion of the initiation will be left out. The float showed the entire work of fnitia- tion. The candidate was hauled up, decapi- tated, passed through a roller, thrown into a yawning pit, drawn up again'on an elevator and deposited on a blazing gridiron, and once more dumped into the pit, from whence he finally arose, rejuvenated ‘and with a halo around his head. The whole initiation was performed in a blaze of red light, in which the fantastic forms of the initiating knights danced like demons, Those who had the initiation in charge were: Major Wilcox, high lord high execu- tioner; Ed Allen, grand mofgi; Guy Doane, supreme foo-choo; Herb Martin, Lord Dug- raven, and two common devils, Alexander Jeffrey and M. Levy. After the parade was over the judges mgt and awarded the first prize to Cuming nn4 the second to Merirck county. ¥ PLATTSMOUTH COMING Business Houses Wil Be Closed for the Occaston Thursday PLATTSMOUTH, Neb., Sept. 17.—(Special Telegram.)—Through the enterprise of Joe Klein of this city in securing a special train to run from here to Omaha on Thursday afterncon and return late at night and the business houses closing up for that afternoon Plattsmouth will be enabled to show her loy- alty to the state fair by attending in a body. Every one from here will don a big red rib- bon with “Plattsmouth for the State" printed upon it. A report of all the tickets sold to the falr in Omaha from this point today shows a total of 206, besides forty holding transportation. SIDNEY, Neb., Sept. 17.—(Speclal Tele- fram.)--This city and county sends 200 rep- i resentatives to the state fals, AT THE STATE FAIR Almost All Nebraska Turns Out in Holiday Attire. OLD SETTLERS AND CHILDREN CELEBRATE A. J. Weaver Delivers the Oration of the Day, affair, HISTORY OF THE STATE REVIEWEQ Strugglos of the Pioneers and Perpetuation of Their Triumphs, e PEOPLE NEARLY 40,000 ATTENDED se Multitude of People Bravey Visit the of Ne= uets, the Dust and Hent to Prepared braska's ¥ Show Yesterday Is the day which was named by, the state fair managers as Pioneers' and Chils dren’s day, and youth and old age went out hand in hand to admire the wonders of Ne- braska's new White City. They went carly in the morning to stay all day and dissipal any possible doubt that the exposition now in progress will make a new record in the history of state fairs In Nebraska, Yesterday morning saw what was really the opening of the fair. It was not until la Monday that the last of the exhibits was fully completed and it was not until yesterday that the real force of the vast crowds that will gather at the metropolis was felt at the gates and surged through the wide avenues of the grounds. The earliest visitor, who had risen and breakfasted before daylight in order that he might avoid the crowd by an early start, missed his calculations, The. crowd was there before him and the first motor trains were loaded to the footboards, In the early part of the forenoon it seemed that the mrtor company had misjudged the amount of travel. The trains to the faip grounds were eight to ten minutes apart until nearly 9 o'clock, when a two-minute service was put on. The result was that in the carly part of the day the motor service was utterly inadequate. The trains wero boarded and before they had passed half way, around the loop every seat was crowded. When they reached tne actual starting point it was impossible to obtain standing room and hundreds of people who were walting there and along the line to the grounds wera obliged to exhaust their patience before there was a possibility of beginning the Journey. At the grounds it was evident an hour after the gates were opened that an une precedented attendance was a certainty. There were fully 10,000 people on the grounds at 9 o'clock’ and it reached fully 30,000 in the afternoon. The bulldings ‘were filled in all their pisles and passages and the spectacle afforded a_vivid impression of what the scene will be durin the latter part of the week, when the full tide of the coming thousands swells through the White City. CHILDREN OUT IN FORCE. There are nearly 14,000 children in the &chools of Omaha and it was the prevalling opinion that 90 per cent of them were at the fair grounds during the day. They were on the grounds in droves, some accompanied by their elders, -while others elbowed their way, alone with that ndomitable pertinacity which characterizes the progress of a lively *“kid" through a_crowd before which a man \vnul& hesitate. They were everywhere in evidence and their long drawn exclamations of aston ishment and admiration were heard in every, corner of tho falr. As it was well known among the exhibitors that the public schools had been closed in order that the children might have an opportunity to see the big show, the exhibitors were disposed to give the little ones all the benefits of their brief vacation and many a man of business was obliged to walt while che curiosities of an exhibit were explained to a group of open eyed children who drank in the wonderful story with breathless astonishment and ime plicit faith, The ploneers who helped to build a com=~ monwealth on the Nebraska prairies were not S0 numerous as thelr grandchildren who thronged around them. Their ranks were broken by the advance of years, but it is doubtful if even the little ones viewed the vast display with more unconcealed satistace tion. To the children it was simply a_show, the biggest one they had ever seen, but as the gray haired men and women contemplated’ tho city which typified the resources of thelr' adopted state their thoughts went back to tha’ years when they had seen forests and un- broken wllderness on the slopes where the, magnificent structures now reflect th morning sunshine and they saw in the vasti spectacle before them the fruition of thei: hopes and years of toil. It was even greater than they had hoped, and as they ‘shook ench others' hands and recounted experiences of the early days their pride and satlsfactio were too deep for words. A third feature of the day was the golden rod, which was everywhere noticeable, Al vast supply of sprigs of the plant had beem prepared for the occasion, but It was ex- hausted early in the day. Thousands had provided themselves elsewhere, however, and but few of the Nebraska visitors appeared without the flower which has been declared the typical blossom of their state. The chils dren were especially true to the golden rod. It has a part in the instruction of every kindergarten, and the child who could not obtain a spray of the flower had lost half the pleasure of the holiday. The committeo of the managers on Golden Rod day consisted of Messrs. Bassett, Vance and Dooli'tle, and the young women who pinned on the sprigs were the Misses Dunham, Smith, Vance, Bas- sett. They were kept busy the greater pore tion of the day. At 11 o'clock the address of the day was delivered at the grandstand by A. J. Weaver, Jr., of Falls City, The platform was occu= pied by the pioneers and thelr wives. Among them were noticed Colonel C. 8. Chase, David Anderson of South Omaha, J. H. Mase ters of Nebraska City, Patrick McArdle and Dauniel Carpenter. Secretary Furnas sald: zens and Pioneers of Nebraska: I use the expression in its strongs and most impressive termg, By pioneers I mean the men and women who came into this so-called great Ameri- can desert years ago and laid the founda- tion for all 'you see around you today. To them more than to all others is due the credit of bullding up this great common- wealth, In recognition of this the Board of Managers has decided to admit you all apd extend to you the privileges of the grounds, ‘We are glad to see you here and are proud to show you this magnificent spectaclo of Nebraska resources.” Mr. Furnas then introduced as one of the products of Nebraska Mr. Weaver, who wa given an enthusiystic reception, after whicl he spoke as follows: ORATION OF THE DAY, Mr. Chalrman, Ploneers and Fellow Citls zens: I do not know why I have been asked to address this Ploneer Association P Nee braska, unless t is because, wanting a prods of Nebraska <oll, you knew of no better place, of no more rellable county to go than to ok Richardson, Mr. Chairman in behalf of Richardson county, the southeast cornerstone of our state, in belialf of her ploneers and o all her citizens, 1 thank you for the compl ment. Perhaps you wanted to kuow al what the young manhood of our state thinks of the structure you have built and what after you are gone, we propose to do toware embeliishing the superstructure of the foundas tlon which was begun io a wilderness and with the reverses of fortune (hirty years ago. “What do young Nebragksns \bink of Nee “Fellow Citl-