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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 9, 1891)
THE OMAHA /'TWENTIETH YEAtf. OMAHA FIUDAT JANUARY 0 , 1801 , NUMBEBG205. V RIOTOUS SESSI01 EcandalotiB Struggle for Supremasy in the Joint Convention. 'THE ' SUPREME COURT INTERFERES , Speaker Elder Ordered t j Open and Publish the Election Eeturna , DISGRACEFUL SCENES AT THE CAPITOL , A Hand-to-Hand Conflict Between the | Sheriff's ' Force and Sorgcaut-at-Arras. MILITIA BOYS PATROL THE BUILDING , The Can vans Finally Completed Kuv- oliitionnry lloinlutlmiH Adopted Uoyd Taken the Oatli or oniuc. LINCOLN , Nob. , Jan. 8. [ Special Telegram to Tim Bnii.J Since the days when Nebraska was a border rufllan territory no legislature has caused so much excitement and turhu- lonce as hns been witnessed within the past forty hours nt the capitol. The only In cident the oldest settler can recall that would hold a candle to it oucurrcd ut the old territorial capital nearly thlrty-flvo years ago , when Bill Chapln , as I/ U spealtor. held the members of the house nt hay with cooked pistol while ren dering nn opinion on a point of order. I have been present at ten regular sessions of the Nebraska legislature , and eovcral irregular ones , including the stormy session when Tluscall was governor of the state for one week , and the legislature hud to swear In CO scrgennts-nt-nrins to keep its members from running ut largo or being spirited away ; but I must say the scenes that I witnessed today cap the climax. For tbo flrat time In the history of Nebraska troop * were called out to protect the olllcers of a legislature ngulnst Its own turbulcu inemhors. For the llrst time in our own his tory has n leglslatine barred the Rallory of the house and held its doors closed during a V convention to canvass the returns , I hope for the last time as a conflict ut arms taken place nt the en trance of the house between a sheriff's posse i"1 CtitI the scrgennts-at-arnn. The incident was not only dramatic but decidedly sensational. All dc- paitwcnts of the state government took an active hand. The executive depart ment , through Governor Thuyer , with beard less militia boys , waiting for the signal to ad vance from their exposed position on the cap- Hoi grounds and disperse the howling mob of free American peoplewho had como to witness tlio inauguration of the governor , but found themselves barred out of sight and bearing in the dark corridors leading to the caged legis lative mcimgorlo. Then came the over- wli mcd nnd helpless city police , who had vainly tried to coax the crowd out of the packed hallways into the breezy air of the capltol grounds. Finally the charge of [ I Sheriff McClay , with a well assorted and ponderous body of deputies , storming the ttulel which had bid defiance to the su mo court , and landing almost breathlessly on their heads lu front of the speaker's ' desk , I uevcr will bo able to reach a conclusion ns to which was most scared , the deputy sheriffs or the deputy scrgcants-at-nnns. After the raclco most of them looked as much surprised as If a powder magazine had exploded and blown them over the ramparts Into the enemy's camp. When Speaker Elder had glanced over the manda mus of the supreme court , which the sheriff had handed him in such an abrupt manner , ho looked sadly perplexed , hut the attoruo.v general , who appeared upon the -tccno , relieved him from the dl- lemma by timely and commendable advice , which , if followed to the letter , would have redeemed the body from any odium that might attach to It by its departure * ure from constitutional methods. But the prohibition lawyers , who had boon con stantly concocting revolutionary schemes , put In their oar again and their pernicious .influence made itself manifest in the llnal proceedings. It is impossible nt this time to fix the full rcsDonslblllty for the determined resistance made by the Independents to follow cstab- llsheU precedents and tbo plain letter of the constitution and laws regulating the canvass. As a body the independents Impressed mo very favqrahly. They are as sturdy and as Intelligent a set of farmers as over I have icon , and those I have met are very rational and oxhlbjt no disposition to encourage anarchy. The trouble with them Is simply that they have been told by parties hi Whom they have confidence that llko the king , a legislature can do no wrong. They have set their hearts on seating Powers and several of their candidates , nnd they do not appear to comprehend that there Is anything In their way to summarily count them In by throwing- out votes enough to give them a majority. AVho , then , Is the moving eplrlt that ml vises sedition and revolutionary methods i Jay Burrows has given mo per sonal assurance that ho has abdicated the dictatorship and loft the legislature to run it self by its own steering committee. Several of the Independent members who nro acting illo loaders ou the floor express an A anxiety to dispel the Impression that they , y " " "propose to cany things with a high hand and ovor-rldo ull opposition by mere force of a majority. I cannot form any other conclusion than that "VUicso men have been badly advised by out- Jailers , wlio have schemes of their own to ' " /further. In view of what ha happened to- , these professions must be taken \iy or what they nro worth. Just now the In- probation I feel wo can uf- ford to wait and see wbat fruit the tree will bring forth , K. ItosnwAinu. Cltfttl'ltS OII AX It EAItljY * The laj- ) Opens nt the Cnpltol ulth n 'I liron : * Present. Before 0 o'clock this moraine the corridors of the state house were inrongod with a stirg- Inir crowd anxious to get into the house of representatives to witness the great struggle between the Independents on ono hnml and the republicans and democrats on the other. Hy 10 o'clock the state house was Jammed to suffocation amlyottho dooM Into tbo great chamber remained locked. Meanwhile the crowd pot wind of tha latest developments in tbo contest und Intense excitement pre vailed. Those who had th3 password wore admitted through the chief clerk's room. At U o'clock the cloak room was thrown open to the members. However , every person not entitled to admission by the rules ol the house was vigorously excluded and many an old-tlmo lobbyist was conspic uous for his absence. Many supposed thnt the programme was to exclude Lieutenant Governor Meiklcjohn from the ball nnd Mexlcauizo the legislature , but at C o'clock the lieutenant governor was on hand and ready for the fray. The momhjra all filed in and took their seats quietly and were SODU husy reading the reports of yesterday's ' scrlmmago in TUB BBI : . The corridor. * leading to the hall of the house soon became densely packed , but the speaker had given orders that the galleries should remain closed and the angry crowd had to content itself with waiting on the outside and catching such meagre in formation as was doled out hy the employes. To relieve themselves from time to time they sent up a wild cheer. fOJt 3I HtLi.HHiX'ii AltltUST. Speaker Elder IHIIUI fin O/ilrcr ami HIH It Sorvrd. Last night a mandamus was served on the speaker on petition of State Auditor Benton to compel him to canvass ttio returns , and the result was that the Independents resolved to retaliate. They held a secret caucus that , lasted the greater portion of the night and whichresulted In the issuance of a warrant signed by the speaker for the arrest of Lieu tenant Governor Mulklojohu on the charge of usurping the functions of the spcaltar of the house. The following Is the copy of Spo'ikcr El der's order to arrest Lieutenant Governor Meiiilejohn : Tun STATK or Nnmnma , Lancaster County. I The state of Xolir isk.i to the lur uiint-ut- urmsof thohoUMiof rcnioseiitiitlves of suld stn.to . U rooting : Wliurp.T , Onu Oeor o 1) . Molklojohn. n cltl- zou of iho st.iteof Nebraska , has by miscon duct and l.inguasoobitriicleil thupioceuillnits of the Joint convention of the semite and house of representatives of hnlrt stilp : , of which lam tlio sole coiistitutlon.il and Icmil presiding ollloer whlln In sc-slon , under section I , nitlolo fi , of the consti tution , und lie' lias threatened to con- tlnuu such otHtr uutloiiH , und will do bo unless iirovcntud , you are lliuioforo hereby comimimlud und H'qiK'sled. In the 11:11110 : of the state of Nuhraskti , to prevent the suld Ocorjo I ) . MulUoJolin fioiii ontorlns "r bolus : In the hoiisu wlio'i s.ild lolnt convention Is being hold , dining anv of tlio sessions thereof. Imr thu nmposoot oveuutln ? this ordur you will call toyonrusslMiincti the power of tliostutu. Witness my hand this huvcntli diiy of Jan- nary. IW)1. ) H. M. I.I.bEll , Speaker of the llousonf Hcpreseiitatlves of tboStntuof Nebraska. Attest : r.Hlf JOIINSOV , Clerk of the llou oof Itoprcscntatlves. Molklojohujjither got wind of " thjiorantic ipated It'b'ecau3oa't"bo'clock" morning hoainanngcd to get Into representative hall mid established himself in the ctialr to wait until the great baJy roson- vened. The Independents were dUmayod at this state of affairs for .1 few moments and were somewhat unscttloil us to wliat course to pursue. Finally the sorgeant-at-nrnn approached preached the dais und served the oflliilal paper on the lieutenant governor. TllEV UAItK A ULlXUKll. \ ZtltHiiiulcrstnnding IVovonts an In dependent Gimp d'Ktit. Tlio failure of the Independents to execute a coup d'etat and take control of the Joint convention was' entirely owing to a misap prehension on the part of tno doorkeeper. The Independents got control of the conven tion early in the morning and orders were- Issued to deny access to the hall to Lieutenant Governor Melklojohn , but the presiding ofllccr of the scnato swore in four deputies and marched them through the guards unop posed , When ho arrived nt the desk two stalwart assistant sorgeiut-at-arnn disputed his passage. Tno deputies asked if ho de sired to go up to the speaker's stand , but the lieutenant governor replied : "No ; I dislike to assume the offensive In this contest. I will taico my position here In the clerk's sta-ad. It will do just as well. " And tharo ho remained. Had it not been for his live stalwart deputies , President Melkle- John would never have got Inside the ball , lie outgeneraled the independents by the display of superior forco. Ho arrived nt 0 in the morning. An hour later and ho would have been shut out. AC that hour the [ dependents at the capltol were too few iu number to re sist this display ot power. Oniclous doorkeepers refused to let the mos- soimers with private messages from the press correspondents through the lines until the sppakcr had Inspected the dUpatonoa. The speaker 0 , Iv.'d the dispatches outside. JIIfsITlA OKItKMCKlt ItVT. Co riders Cleared by a Company of National Gini-ds. The crowd constantly increased on the outside and the greatest excitement prevailed Meanwhile the legislator ! wcra locking horns In the great contest. Tue Independents refused to reco nUo Melklojohn as presiding ofllcer and the democrats and republicans ignored the powers of Elder. Finally ttio three parties , after a warm conference , decided to appoint a committee of four from each pirty , the same to submit to the supreme court as to who should preside at the Joint session , Meiklo- John or Kldcr. All agreed to this. The announcement of this proposition to the crowd In ttio corridors elicited cheers that fairly made the dome tromblo. The tor rlhlo din was continued without any Inter mission or any show of the samo. A request was soul to Governor Thaycr by Speaker Elder asking him to clear the hall. The governor made a conciliatory speech , asking the crowd to Keep quiet , but this only elicited the Jeers ot the crowd. The governor then ordered them to disperse. The uproar lu the corridors again broke out and after continuing for several minutes a full company of militia and a cordon of po lice appeared on the scene and drove the crowd back from the doors of representative hull. hull.This This excited tuo Jecw of the crowd end they began singing "Johnny got your gun. " The militia paid no attention , but at the order of Captain Hhodes cleared the corridors at 11:15. : / ; * ' / { / ; TIIH sirrttKUK vttvin. The Writ or MniulniniiH Issued AKiliitt Speaker Kldcr , The democrat nionib n of the confewnco couiisiltec were Gardner and Swiulor of Douglas , White ofCnss mid Senator Kolpar of Fierce , In the Application before the supreme court for n mandamus to ootnpsl the speaker of the house to open und publish the election returns , The republican members of tha conference committee were Senators Moore and Wilson , Heprcsentailvcs Cramb nml Oakley ; inde pendents , Senators Stevens and Poyntor , Heprcsentatlves Mi-Ilaynolds and Shrador. The independent members jt the conference committee requested the democrats and re publicans to withdraw , and they did so The Independents on the committed then con ferred among themselves. Chaplain Ulffobraeher of the house as sumed the role of peacemaker und wai clos eted with the Indepandents of the conference commlttoo. General Cowln presented the argument foi the mandamus , quoting section 4 of article 5 of the constitution , which says "Tho speaker of the house shall immedi ately after the organization of the house , and bcfoio proceeding to other business , open and publish the same in the prescneo of each house of the legislature. " 11. II. Wilson , counsel for contestants , made a plea against the issue of the manda mus. The court took n short recess. The supreme court room , in the north wing , was crowded to overflowing when nt 11:10 : a. in. the Judges came in to give their opinion In the raso regarding the appli cation for mandamus to compel Speaker Elder to open and publish the election ro- .urns. The court room being small and an upcr crowd pressing for admission , the cor- Idors and entrance were lllled with a eon- 'used mass of humanity. The decision was .waited . with breathless silence by these for- unnto to bo In hearing distance. The opinion was rendered by Chief ustico Cobb. The Judges were unan- mous in the opinion that a , vrlt of mandamus bo issued commanding the pcakcrof the house to open , canvass nnd declare the result ot the returns for the dlf- 'erent statoolllces. The reasons given for the ipinlon were similar to tboso given by dclklejolm in sustaining his position yester day. They further state that this must bo done before anything - Iso , as all legislation passed bcforo .hat would bo null and void and the Judges of .ho supreme court would treat it us such. The mandamus Issued by the supreme court is as follows ! To Hon. S. M. Hldcr , speaker of the house of representatives of the state of Nebraska : Whereas. It has boon duly shown on the lotltlon of Thomas II. Ilunton that you , the , tld S M. Elder , spc.ikorof the house of rep- osentatlves , reftiio to open and publish the returns of uleotlons In the hunds of you , the suld spo.ikor. bcliK the returns of the elec tion Uud November 4 , IbW , lu the suto of Nebraska , for the oHleors of the o.xccutlve department of tliu stnto ot Nclir.ioka und other oIllCHr-i , uhleh were sulcoled by uiul transmitted to thosuciotaryof stutoof snldstutoas by law niovldi'd and by suld beereturv of state do- mert'd to yon , suld rospondrnt : and that you , IhosnldS. .M , Kldcr , Hpeakur aforusifd , so refuse - fuse to open and publish tlmbuiil rutmns In the prcinnco of a majority ( if each house of the legislature , nftor which orirunlztulon thuroof , assembled In the hall of the houseof representatives In the cap tel for the nurposo nf witnessing the opening und publishing of Mild returns as.reipilrod of them by the con stitution of the state and to discharge their dntv In that behalf ; and that you so n < fu cd In ald assembly or otherwise to open nnd publish said returns on January 7 , A. I ) , , 1SUI , and that you still ri'fusoso to do ; Now , thoieforo. we , being willing that full nnd speedy Justice bo done In the premises , do command yon that yon , as speaker aforesaid , Immodl itely nnd befoio said legislature shall proceed to transact any other business , and forthwith proceed to open and publish the said returns from each nnd every county of said state , nndullthoroof.undduclaro the per sons shown bs.ild ! returns to have the nl ni's number of votes for each of said ext > ciitlvo state ofllcorsduly oluetod thereto , In thonros oni'o of a innjoilty of each house of tholegls Inturu asiomhlod In the hall of the bouse of representatives for the purpose ns aforesaid : and Dial you muko due return of the writ of having ( Unions you are commanded ; and this you will In now I so omit. Witness the Konornblo Ainasa ( "obh , chlof justice of tliosiipromu court of Nobnibliu , the Mh day of January , A. I ) . IrWI. It. A. OAMI-IIKLU Chief Cleric. Ji-TO-ilAXn XVOCXTEIt. Terrillo StriiKKlo Over tlio Sorvlnjj of UK ; Mandamus. , To Sheriff McClay , Deputy Sherlft Hoxlo and United States Marshal Hastings was deputed the work of serving the mandamus on the speaker. They reached the door of representative hall and demanded admission. The sergennt-at-urins refused to ad mit them , and slamming the door in their face locked It. The sheriff and his deputies hunted up J. II. Nation , the Janitor , nnd ordered him to unlock the door. The ofllcers , accompanied by Naden , wont to the door , the lock was turned , and McClay squeezed in. Some ono shouted , "There comes the sheriff ! " nnd then pandemonium was let loose. Every legislator Jumped to his foot nnd rushed toward the center alslo. The Independents nttomptoj to force the sheriff and his posse bacn , but the republicans nnd democrats came to the res cue and a terrific struggle ensued. McClay mantully fought for n passageway and won forward Inch by inch. In the struggle both glass doors wore smashed to smithereens , McClay was badly choked and Nordcn's hand was cut. The militia rushed to the rescue , but coul d do hut little In the surging crowd. Finally tlio republican and democratic mem bers conquered by sheer force of strengtl nnd almost can-led the sheriff up to the speaker's desk. The mandamus was then served amid the wildest excitement. jMvr A1MSE. Kcpiibliunn nml Democratic Members Lcnvo tlio Hall. Melklojohn and the speaker now agreed to take a recess until 10 a. in. tomorrow , but Church Howe objected uud the roll was called in regular oruor. Senator h'tovcns arose and said : "Mr , President , this Joint convention hns assembled for a particular purposewltn no rules for its govcrmnontnnd , I respectfully inquire if it would bo In order to propose rules to govern this Joint conven tion. " President Meiltlcjohn said : "Wo are about to agree to tiKe a recui till 3 o'clock and I dislike to go Into u discussion ou parlia mentary points , " At this juncture Church Howe moved to talto a recess until 3 o'clock , which was voted down by the Independent * . The excitement then broke out again. Pres ident Melklojohn and Speaker Elder both put motions at the same time , each Insisting upon his right to do so. Melklojohn nut u motion to tnko a recess till ! 1 o'clock and de clared it carried , but Elder declared It lost. The republicans urosa from their seats , but the Independents remained. Senator Stevens'motion to proceed to the adoption of Joint rules for the government of the Joint convention was then taken up. Speaker Klder was disposed to obey the man damus of the supreme court , but Shrador rushed up and said : "For CJoil's sake , stand by us. We have got things nil our own way iiow. The others are gone ana they can't hurt you. Call the house to order and put our motions. " The speaucr then braced up und directed the clerk to call the roll of the senate. ' Shrudcr kept his scat by the side ot the speaker to catch htm. The eighteen Independent Senators all answered to their nnmoj on rqU. call , limiting a quorum of that body , The roll call showed IIfty-dve members of the house present nml Spe , lier Elder nn- noun ceil that n quorum of both houses was present nml the convention duly organised. The speaker also announced that Attorney General l eeso was now present and ho desired - sired to consult with him. .1 STA'TIUIKXT. The Attorney Oenjornl Olvos the Itulc- pendents SnntaAilvluo. Senator Stevens then aros'qand moved that the attorney general bo invited to plvo bis opinion us to the legality oftho proceedlngj. The motion prevailed. Attorney General Lccso * | S/ko as follows : ' Mr. Speaker , Gentlemen of the Conven tion I hnvo not been present" know what proceedings you have had this .morning , but 1 hnvo scon the writ of mandamus from the supreme court , a cdnbrdtnato branch of the stale government , . nnd , however , much I might have differed with the supreme court in nssumlng Jurisdiction at this time over the speaker of a co-ordlnato branch , acting under the manner of this Joint conven tion , I bollovo It is bctte ? for us to net according to law. I bcl eve that from the proceeding at this time itwould bo hotter for this legislature to submlt'to the order of he supreme court until wo can get a better remedy. The court has ' $ tnted the luw from the constitution liat the first duty Is to open , publish and caavass the re turns ; that the speaker is yqur presiding ofll cer that is what the writ commands him to do. Now there seems to ijo a conflict. I Itnow of no higher authority under the constitution than our s'dpromo court. I do not know how the casi stands at the present time , but however Ji- may bo , the court has decided the quostloii'nnd submitted their opinion , nnd it has pono'dowu into the writ in the hands of the Speaker. In the contest in this trlatter , L understand the papers hnvo never ooen put into the hands of the speaker. The court intimated , as I understand it , that every right would bo preserved by the contestants and they only nsk that itho procedure talto pluco In accordance with the language of the constitution. The flrst duty is to open and publish the returns nnd this declaration Is to bo madejby the speaker. If I could put the constitution , upon this , I would submit to the suprotujourt , but do It under protest , I v > ould maintain my rights and yield under protest , ! so that you have the right to como before the supreme court again and hnvo your rights protected. Anything that I can say to throw oil upon the troubled waters I will willingly do. " Senator Stevens interrupted : "Has the supreme courtdeeldcd that the speaker is the presiding ofllcor ut this time ! , " Locso replied : "I understand that it Is the Judgment of the court that n { > other oftlccr Is recognized and that the speaker of the house is your providing officer. " ! [ Orcat cheers from the indepsudents. ] I Heprescntatlvo Shrador ajuso and said : 'Mr. Speaker. " v { The speaker reullcd : "New take it cool. Wo arc going to stay hero qwto a while and don't bo In a hurry.1 jfi. ' Shrador I now move tbo Joptioh * ot tha Joint rules proposed by the senator from Lin coln county. This resolution , providing for Joint rules governing the Joint convention was adopted. Mr. Shrador I now move you to take a re cess until 2 : ; iO. This carried and the hungry Independents rushed out to got a lunch. The Joint rules governing the convention adopted by the independents provide that the speaker of the house and not the president of the scnato shall preside over the convention. This is the only change made in existing ruios. AXOTJIEIt HOT HKIKJIISlf. Warm 'limes When the Joint Conven tion Heoonvone : ! . At 2:50 : p.m. President Molltlojohn came in to the hall and took u position unopposed ut the clerk's ' desk. Attorney General Loose scut in a now to the effect that ho was mistaken In saying that the supreme court recognized the speaker of the house as the presiding ofllccr of the joint convention. At ii :53 : the speaker again called the house to order nnd ordered a roll call of the Joint convention. The democrats nnd republicans recognized the authority of the speaker answered to their 'names , with the understanding that It was under an arrange ment made with President McikloJohn. As the time arrived for no Joint conven tion to convene , the corridors were crowded and utmost Impassible. The state guards were kept busy keeping the crowds back and the halls clear. The door guards Itopi strict watch that only the select few entered. A solid mass of men extended from tbo door of the house to the extreme end of the building. There was general mismanagement at the doors regarding the admission of those desir ing to got In. The sorgeaats-nt-arms wcra nil oxcitomcnt. No less than eight or ten at tempts wore mauo to run the insldo doors leading to the houso. At iJO ! : p. in. the lieutenant governor nnd speaker both acted as providing oflloers , but things were still running quietly. They sent for the returns from the tecrctary ot state. The independents finally yielded and agreed to count the vote as required by tbo mandate of the supreme court. A bout 3:13 : o'clock Elder -announced his In tention of reading the returns. It wus also decided to open the gallccies and lobby foi the first time to the awaiting ; multitudes. The minute the doors flow open the crowd rushed In , madly Jostling and pushing each other , and in le&s than three minuted every bit of bitting and standing room was taken. The secretary of state , had meanwhile brought the returns to the speaker again. At 4:1)0 : ) the radical independents made an effort to take a recess to 0 p. in. , but the lieutenant governor promptly declared the motion out of order , and ou appeal refused fused to entertain the motion. Some ono called out : "I Insist upon the appeal bring put. " The speaker arose , put the appeal nnd de clared it carried , and It looked as if the bat tle was about to bo rovlvod. Switzlcr of Douglas sprang to his feet in sisting that the mandate must now bo oboycO and the count proceeded with. Church Ilown got tno floor nnd asked if the legislature proposed to defy the mandate ol the supreme court , the highest tribunal In the stato. John C. Watson said that the court had stated In Issuing the Wfit that no onicei would dare to defy the wrU , and warned tin members that they woro'on tuo verge o anarchy. Senator iCuntz ( Ind. ) of Hayes couiryar- and sauted that for ono h'- > bowed to tun decision of the highest court in the fltito i and would favor proceeding with tha i-otint without delay. KoproscntattvoN'ewborry of Hamilton nnd Elevens of Turnas spoke In the same strain , Law nnd order triumphed nnd tno appeal vas not pressed. llic Itoturns I'lnnlly Opened nnd Pub lished by the Sjicnlccr. The speaker nftor some delay arose from its seat and took the returns In Ills hands. A shout then went up that almost rent thereof roof , and Immodlately afterwards the crowd nosed Into breathless sllonco. Klder slowly in fastened the package , showing that It was aw nnd not love thnt prompted the action , and in a somewhat sullen manner began to read the returns. Ho commenced with Adams county , that being the first alphabetically. It took nearly nn hour to count this ono county. It then downed upon the legislators that Itwould nko several days to count the votes at this rate , and on the completion of the count 'or ' that county , Shrnuer of Logan moved that the Joint session canvass the vote from .ho tabulated statement tnndu by the sccro- : ary of state. This motion prevailed , the count proceeded nml fora time the great strain of excitement relaxed. _ _ KE xononv MI , EC TED. The IiulcpciidentH Itcfnse to llnvo the JtcHtilt Annntinuod. As soon as the result was announced Shra- der ( Ind. } of Logan nroso and moved n reso lution to the effect thnt , notwithstanding the opening nnd puhlishlngof tho'roturns , no per son had been duly elected to the olllco of gov ernor or other state ofllco , and thnt the Joint convention would refuse to recognize any person as governor , etc. , until the contest : nul been decided according to law. Wtitson moved to ndjourn sine die , nnd the president ruled that the motion to adjourn ivoulil take precedence. Tbo speaker cried out , "Stny with her , aoyst"tond during tno roll call on the motion : o adjourn gave notice of the contest now : icnding. The motion to adjourn was lost by n solid ote of the independents. Shraiter then offered the following : Whereas , The supreme court has soon ( It to sue u mandamus , etc. . therefore he It Unsolved. That tlio House nnd scnntn pro- Lost against such action and hereby deeluio thnt no pet son has bi'on elected to said ollleo incl refuse to reeounlzo them as such. Gardner made the point of cider that the resolution was not In order , but the point was not sustained by the chair. Schrader's resolution was then seconded. The motion to ndjourn was renewed , and another roll call taken with the same result. The republicans und democrats wasted con- iderablo time in explaining their votes. Mclvesson rend the resolution In full nnd said bo voted uyo because ho dia not think it was a proper matter to como before this con vention , and that the Joint convention was Itself usurping the functions of the supreme : ourt. The motion was lost .19 yeas and 70 nays. White moved to lay the resolution on the table. Shrador said ho would strlko out thnt part reflecting cu the supreme court , to which the republicans objected. President Mclltlejohn put the White motion to lay the resolution on the table , und it was lost by a vote of 59 to 70. rShrador"um > 3uded his resolution by striking out the part censuring thosuprorao court and demanded the pro/Ious question , which , in splto of the filibustering tactics of the demo crats , was seconded und the main question was ordered. The Shradcr resolution was then adopted by the following vote : Yens 70 , nays [ > ! ) . Gnlo and Lomnx , independents , declined to vote. Senator Switzlor of Dougln ? , in explaining his vote , said : "This resolution is introduced at the instance of attorneys to give ono sldo a partisan advantage in the contest for gov ernor. " Ho argued the case nt length nnd eloquently defended the supreme court , ap parently talking against time. Point u f tcr point of order was raised by the Independents. Scott ( Ind ) of Bawson nsltea the chair to make the senator sit down. Slovens ( hid ) of Fillmore asked Senator Swltzlcr If ho proposed to make nn argument on the contest , nnd was loudly cheered by tbo lulependcnts. Senator Stevens of Lincoln county ex plained his vote by saying that ho believed the members of the Joint convention were conscientious and desired to abide by the law , but that this resolution represented tbo honest sentiment of a majority of the mem burs nnd should bo adopted. Bo made an eloquent and convincing speech In favor of the position assumed by the independents , and was loudly cheered by that sldo of the houso. Cratnb ( rep. ) of Jefferson said ho thought the resolution should bo passed by each body separately nnd a concurrent resolution , and therefore voted no. G.rio ( hid. ) said ho did not think tlio reso lution should properly como before the con vention , and on request was excused from voting. Gardner of Douglas said that the proper ofllccrs had declared certain parties duly elected , and it was the duty of the members to recognize them as being elected , nnd ho voted no. Shradcr ( iud. ) of Logan said Ills vote needed neither explanation uor apology , and voted ayo. The announcement of the passage of the resolution was greeted by wild cheers from the Independents. Lieutenant Governor Mclltlejohn thanked the members for the courtesy shown him , nnd the Joint convention adjourned sine die. Doth houses will meet again at 10 a.m. to morrow to open up the contest crises. Meanwhile while Governor Thaycr refuses to iccognUo Boyd , and the end Is not yet. LOCHO Corrected IHinm-lf. Lixcoi.v , Nub. , Jon. 8. [ Special Telegram tc THU UKE. ] Following the address of At torney General Loeso to the Joint session that gentleman W.T called Into the presence of the supreme court , nnd upon being Interrogated by Justice Maxwell as to the references made by him to the Joint session us to the mnnduto of tbo court , admitted the statements as reported by TUB BKK. Justice Maxwell in emphatic tones declared the intention of the court to deny the richt of interference in the rendering and publishing of their de cisions , and Intimated the advlsnulilty of the retraction and correction of the misleading statements made. It was in pursuance ol tnls advice that Attorney General I ecse ad dressed to the Joint session n letter correct ing his statement that the supreme court hm ! held that the speaker was the presiding ofllccr of the joint session , They Took tlio O.uh. IJoyd toolc the oath ns governor In a notary's ofllco up town this morning. All 1 the republican executives-elect have also taiicn the oath , The fiibornatorlal rooms are still occupied by Gofcrnor Thaycr , but the doors arc locked and no ono is admitted. A polli o- > man Is on guard at the door. Lieutenant Governor Meiklcjohn ordered the inllltln who have t strolling the halls all day to disperse. * ) soldiers gladly obeyed ttio order and dl - stop to question whether It was in conllh 111 superior au thority or not , \ Ciovcrnor Thaycr dcct , ; that his pur pose in calling the militia 'i woroly to preserve - servo order and aavo the lo. * ' uro from the innoyanco roused by ti ilso lu the corridors Hours t- > Hold Ovor. It Is now definitely known that Governor i'lmycr will servo a quo wnrranto writ on lioyd in case the legislature declares him elected. The grounds of the contest ' will bo lloyil's alleged liieliglblllty ns nil alien i'lmycr's lawyers , .T. L. Wubstor and Hlchard Sorvul , Insist ho will bo able to hold over for the u ex t two years. ItUTTOXS , They Are Seen nt All Dnort * tnTlinynr's I'rIvnteOnU'c. The guard of six police lias been Uopt in front of Governor Thaycr's ' olllco all the afternoon and ovcnini : , bcsldo an Insldo puaru of n squad of state mllltln. A reserve of state militia can bo scon in vari ous parts of tuo building nt this writing. The police olllcers who have been conspicuous lu front of the gover nor's ofllco have Just been called Inside , whcro they will probably remain for the night. All entrances to the governor's ' olllco are carefully and securely locked nnd bolted , except the main entrance , which is guarded by sentinels both Inside nnd out. The curtains are nil drawn and there is an uirof secrecy surrounding the whole affair that sots the average man to guessing. Your concspondent learned on good au thority that while In tno governor's oflU-o , this evening , Mr. Uoydliail bueu placed under nrrestfor pcrjuryln thnt In qualifying/orofllco ho had declared himself to bo u citkou ol the United Stutcs. Thaycr Is said to bo armed with quo war- rantos and Is waiting to sijrvo thorn on lioyd. The democratic governor has not made haste to got Into the governor's ' olllco and Thaycr therefore sent for him 'to come , either ntS o'clock this evening or 8 o'clok In the morning , Thaycr giving out the ulltirlng bait of promising to turn over the ofllco to Uoyd ntnoon today. * Govcinor Thnyer asked for a squad of un- uniformed police but was denied the rcqurst , hence the brilliant array of buttons now to be seen In front of nml around his ofllee. The request was made to Mayor Graham in person , but refused promptly nnd without de liberation. A ° fact that makes the position moro striking and puzzling is that on duty with the squad of police is to bo seen Chief of Police Melick nnd Captain of Police Miller. An ulr of secrecy and mystery pervades the entire surroundings. Reporters and those on the outs > ido are not permitted within the limits of the present secret sanctum. The ofilco has been surrounded all tbo evening by reporters and un anxious low , but nt best they and the general public uro left In total darkness as to the probable outcome , or as to what turn affairs will take next. At the hour of leaving the state house nil entrances ex cept the ono on the south , near the governor's onico , had been securely locked. A rumor is afloat that the keys of the onico of superiiitondeu of public insttuctlon wore turned over thl evening to Superintendent- elect Goudy. Also the olllco of secretary of state to Secretary-elect Allen. This report receives credit and is believed to bo true. SIIEKIW JlcULA I'1 N FIGHT. One of tlio Sfost Kvultlnc Scenes liver \A itnrH rd in tlif Htntp. The terrible fight of Sheriff McClay in.his attempts to get to Speaker Uhlor to servo the writ of mnndnnms compelling him to canvass the returns will pass Into the history of Ne braska ns ono of the moat excit ing and dramatic scones over wit nessed in the stato. It was the crowning event in the greatest political cri sis over witnessed in Nebraska , nnd MeClny played well the heroic part thrust upon him. The assembled legislators knew the writ waste to bo served , but , when the stento rian voice of Mciklojohn announced the entrance of the sheriff , for a mo ment the dignity of the law appalled the lawmakers and there was a moment's ' death-like silcnco. Suddenly there came the crash of breaking glass , and every person In thnt ereat assemblage Jumped involuntarily - voluntarily to his feet. Then the tumult arose. The odlclous sergeant-at-nrms , Hanked by the in- pendents , made a rush at the sheriff to throw or force him out of tbo hall. McClay then rccognUod the emergency nnd was equal to It. A dozen fists were aimed nt him , while twice that number attempted to throttle him , and partially suc ceeded in so doing , but the old man was not at all appalled. The veins on his temples suddenly sprung out In bold relief , his brows contracted , anil n look of determination flashed from his eyes. Ho raised aloft his gold headed cano nnd brought it down furiously upon the heads and knuckles of those opposing him. Ho scorned to gain strength after each blow , and a howl followed each descent of the impro vised weapon. The ur. roar that followed was deafening. The legislators rushed from Iholr scats to the scene of conflict to aid or oppose the hcrolo old man who was mow ing his way to the sneaker's desk. Several times the savage blows of the Independents aimed at IdcC'Iny took effect , uud ho fell , but the effect wus only momen tary , ns ho was on his feet again In a moment and fighting ns bravely ns over. The chorus of republican and democratic voices of "Stand back ; let the sheriff do his duty , " availed nothing. Then the republican nnd demo cratic members of the legislature took a hand nnd pulled and jerked hack and struggled with th" Independents , and fora tow minutes n hand to hand struggle prevailed throughout the entire chamber. The tumult was deaf ening. McClay finally managed to force his way half way up the aisle , when ho was suddenly sci/od and hoisted on the shoulders of half a dozen stalwart republicans und democrats nnd carried to the speaker's desk. Ho served the mandamus. A shout then arose that was caught up and multiplied ten-fold in the corridors. The shcrllt looked nt his cane. It was-bent double. The crowd again sent up a shoul that shook the rafters. McClay then started down the aisle , and Napoleon himself could uot after his greatest victories been i corded more enthusiastic cheers from the men who admired his courage or moro malicious looks from those ho had conquered. His way out was unimpeded , and ho strode down the aisle with the air of a conqueror , Later the kcrgcant-at-arma of tha house was asked what caused the dtscolora- tlon under his loft eye nml the abratlon of the flesh on his cheek. Ho said ' that ho had been in a scrape a day or two I before. A number of the assistant scrywits-ut- nrms are carrying lumps on their heads no ! itirunologlcal. Sheriff McClay , on returning : rom the scene , found liiintolf moro badly milsed nnd scratched than ho nt lint beloved - loved himself to be , but none of his Injurici uro lu any manner serious. MA.10 Its Any im : > r ( to llotinr Him Will I'rovo n nisnml Failure , ' .lieutenant Governor Majors will bo In. , stilled Into olllco ns soon as the senate la called to order and nny attempt to debar Majors from the semite chamber vili prove a Ihinal falltite. If necessary the governor vvlll bo culled upon to opou the doors. I'ho lmlo [ > eiulont senators who ara expected to oppose any such high handed proceedings nro Bock , Collins mid ICwitz. Should Majors bo barred out , Mollilejolm do. . lures ho will continue to act until the lawful [ irosldlng ofllcer Is duly recognl/cd by tha senate. Some of the moro moderate of the Indo- [ icndenls nro now In favor of letting the law lake Us course. They claim they only adopted the resolution In Joint convention tot to recognize nny of the onicor.s de l-hired elected ns n matter of form , md to preserve the rights of the roiitostnnts. A few of the radicals nro in favor of preventing Lieutenant Governor Majors from assuming his duties as premium of the sennto. Two Independent senators , Ileck and Smith , have slgnillod their Inten tion of letting the matter drop mid pro ceeding with the contest according to law. President Melklojohn will yield the ? avel to Lieutenant Governor Majors at the morning session , nnd , if his right Is disputed , the scene of conflict will uo transferred froii the house. Tlio independents will press the contest with all povdble dispatch , and expect to reach a conclusion by tlio end of the week. WnntHflii ) I'ollutWithdrawn. . Mayor Graham declares that it is sheer folly to have a cordon of police in front of the gubernatorial ofllco-i , and has gone to the state house to Inform ox-Governor 'I buyer of the fact and to send the olllcers back to their beats. A CnrroL'tlon. LINCOLNNob. . , .Tan. 8. ISpsehl Tele gram to Tun BII : : . | It was Senator Switzlor of the Douglas county delegation who made the able defense of the constitutional plan of counting and publishing the returns , nnd not Senator ChristolTerson , ns reported. sKiri'ii > WITH TJH : FV.VHS. The liookkrepi'r ol' tbo South Dakota 1'cnifcittlnry Altislnir. Stoux FAU.S , S. D. , .Tan. S. fSocclal Telegram to Tun Brn.l The state board of charities and correction mot this afternoon with Warden ICniiouso of the penitentiary nnd were astounded to learn that the book keeper , John Patton , had disappeared and could not bo found. The final settlement of theyear was expected and suspicion was at once aroused. Tlio safe was drilled by it locksmith nnd only ? U ) In currency was found In the drawer. The accounts Indicate that ,110 Is missing and presumably Mr Patton carried It off with him. Surprise wasuuund- aut when the fact hccnmo known this even ing. The missing bookkeeper has been con nected with the pcnltcntiury since its In ception , ten years ago. He is well connected , bis father being a Judge in the supoiior court of Detroit. The catiso of tlio cinhcz/lomonb Is drinking and gambling , n species of vice that Mr. Patton has boon Indulging quite freely of late. Ho deserts n wlfo und grown daughter. The pollco nro hot on his trail and expect to catch him before long , ficnrcliod Him by Fnrun. Sioux Crrv , In. , Jan. 3. [ Spojlal Tele gram to Tun Uii : : . ] About two months ago Pat Scanlon , cashier of thoDanbury hank , was arrested , charged with forging the naino of C. C. Frum , n wealthy citi/en of 1mb town. Scanlon gave bonds for his appear ances. Ilo has one witness to the fact that Frum signed his own name to the mortgage , and that no forgery had boon committed. This man , G. Wcmlmont , Is in poor health. So a short time ago Scanlon had him prepare and sign.n statement setting forth his knowl edge of tlio case. Last Monday Hcunlou came to Sioux City to to testify before - fore the grand Jurv nnd went back that evening to allow Wernliiiont to como up Tuesday. Last evening the latter returned to D.mbnry , and It was rumored that bo had testified to the effect that the anldavit pos sessed by Scnnlon was a forgery. This mornIng - Ing , as Scanlon went Into tlio bank , ho was followed by .lohn Elliott , marshal ; and II. T. Jonas. Scanlon said today that these gentle men Informed him that they had a search warrant and Insisted on searching his person for paper * belonging to Wcrnlmo'it. "I asked thnt wo go to a Justice or call in nn- other party as a witness , " said Scanlon , "hut they refused and searched me by forco. " It Is claimed that the two men threw Hcanlon down and took the allldnvlt and n number of other valuable papers from him , which they threw Into the stovo. Some of tbcso ho res cued Inn badly charred condition , nnd now has thorn to offer In evidence , The grand Jury is now at work on the matter. To I'rosaciiiU ! Hcalpors. CHICAGO , Jan. 8. The Western association today authorized Chairman Finloy to take Immediate itops look ing to the Immediate prosecution of Chicago ticket brokers Under the Illinois state law. This action Is In line with the general tendency of late to bring out forms in the conduct of railroad competition in the west. Ids understood that the prose cution will bo commenced in a week or two , nnd ns Chairman Finloy is u good lighter a peed result Is expected. Apparently the ticket broker is in more danger of being ex terminated than over bcforo. besides the proposed prosecutions In this state there Is a movement on the part of the associated roads west and cast to drlvo him out of business , If the scln'ino to abolish unlimited tickets Is carried out It will do more tocr'pplc ' scalp ers' trade than anything yet accomplished. Another tchomc calculated to hurlthoicalpor is n pronositlon to discontinue the payment of commissions on the snlo of tickets which Is now being considered with the likelihood of being adopted. Thn Scotch Uullwny Strike. GI-ASCOW , Jnn. 8. Onirmls of tno Caledonia rullroad in a manifesto this morning prom ised. to consider the ( Kievnnrcs of the striken who would promptly resume work , nnd some of them did so. This action on the part of the mon referred to treated a small ilot. The desci tors were hooted nt ard pelted with stones by the strikers. The police charged on the strikers and arrested six of their ring leaders. _ _ Tbc Weather F .ren ! * , For Omaha and Vicinity Light snow ; colder. For Nebraska Fair , scow ; northerly winds ; stationary temperature. For Iowa Easterly winds ; snow ; station ary temperature. For South Dakota Local snow ; northerly winds ; slight change In tomperatuio , ItooU : Ihlanil Action. LINCOLN , Nob. , Jan. 8. [ Special Telegram to TUB 1UK.JToday tbo Chicago t Hock Island served a summons nnd Injunction on the attorneys of the Omaha & Republican Valley railroad eonifnny , preventing them fiom interfering with nny of the property of the Hock Island at Lincoln , The notion was he-mi in tire district court of Uouglus count/ ,