Nebraska Newspapers

    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/ ,