THE OMAHA ! DAILY BEE
TWENTY-SECOND YEAH. OMAHA , WEDNESDAY JANUA11Y 4 , 1803. NUMBER 11)8. )
Twenty-third General Assembly Moves 0
Almost on Schedule Time.
INDEPENDENTS ORGANIZE THE IIOUS !
Combined with the Democrats They Elcc
GnfTm to Be Permanent 'Speaker.
KRUSE SEATED FROM KNOX COUNTS
Norton Ousted by the Vote of the Oombin
with Little Ceremony.
SOLIDLY DEADLOCKED IN THE SENATI
Efforts to Organize the Upper House Ar
So Far Without Avail.
DRAMATIC SCENE IN THE SUPREME COUR'
, lnslli-e Maxwell mill .Iimlli-o Pent
In nn Almost iScntatloaal Colloquy
OXT Ilin llnyil Ciiuiity Decree
Tin- Day nt Lincoln.
LINCOLN , Nob. , .Inn. a. [ Special ToleRr.ii
to Tin : Hr.r..l The "demo-pops , " as they tit1
characterized by John C. Watson , capture
the organization ot the house tills uftcrnoor
but , as predicted by Tin : Ilr.r. this mornlni
tlm democrats deadlocked the senate an
the organization ot that body ha
not yet been effected. Aiul it is not union
the certainties of the morrow that the deai
lock will be broken , for the ( lemon-ats in
not fully satisfied with the turn affairs hav
taken. As a prominent democrat said th
evening :
"It came so easy for the Independent
today over at the oilier end of Hie house th ;
they arc beginning to think that the worl
was made for them alone. They ave :
cranky tonight that there is no living wit
thcin. ! This lion and lamb business Is a
right when it works both ways , but it
about time for the lamb to take in the lion
CniiKcil liy th Stock Yiirel * .
The secret of the situation is that the don
omits are unable to net the concessions tin
they desire in the organisation of thcsenat
It is charged by the republicans and appa
cntly on very good foundation that the stoi
yards management is very largely respons
bio for the combine that was so successful
engineered through the hoiibe.and thjs sail
interest is supposed to bo deadlocking tl
senate , .lust what their purpose is has n
boon dellnitely ascertained , though the go
orally accepted conclusion is that it has
do with proposed legislation. The sto <
yards folks have been more represented he
than any of the other corporatioi
and their contingent has taken a very bo
and aggressive hand in the proceedings up
the present time. They are now elaimii
that the entire democratic delegation fro
Douglas county will be seated , and it is knov
that a broad and daring deal along th
line Is now under contemplation. The i
publicans arc making some ugly threats
to what will happen if this high-hnnded pi
eeduro is carried any further , and there is
possibility that the independents , will i
eeivo material assistance in the passage of
radical stock yards regulation bill.
The senatorial light has entered Into tl
situation very largely , In fact , the niultipl
ity of republican lightning rods had a grc
deal to do with the failure of that element
successfully get together.
Democrat * In Trouble.
Senatorial bur-zlugs are making llvi
music in many a democratic bonnet. It
stated that the relations between II ry
and McKoIghan have become sac
strained and that they do hot spc
as they pass by. Both of them have a do
sure thing , so they claim , and each is rea
to pack his carpet bag and st :
for Washington to tell congrcssioi
acquaintances what an easy tli
they had in capturing a majority of the I
braska legislature. Bryan visited the L
coin hotel this evening , aiul whispering
confided his great Joy to a few intima
friends. McKelghan apparently has
friends around Lincoln and hugs the Llnd
rotunda with much pertinacity.
In speaking of Bryan's boom , a well kno' '
democrat , who by the way Is a member
the state central -committee , said : '
would bo the consummation of all pollti
folly to send Bryan to the senate.
would better Kurronuer our charter ai
state and come in again as a territory. "
Slier ) ) anil CiimtK.
Aside from the few spectators dra
to the state house today by t
prospects of a row In the organlzat
of the two houses of the legislature , tl
stately cdlllco was lilled with two Classen
people , The llrst class embraced t
lit ! ) members of the legislature , and I
other class Included the thousand and m
applicants for places of honor and prollt , i\ \
especially prollt. Them wcro men at' '
state house today who arrived at Line
three days ago with the Idea that their s
vices might be needed as conlldential
visors of the members , After look
the ground over most of them ca
to the conclusion that an orelini
s. clerkship would bo about the rhl
Tomorrow their ambition will sink
the level of a Janltorshlp , and bcf
the senate and house get fairly down to
work , the disappointed applicants for pi
will iiiid thvnibolvcs face to face with
necessity of cleaning cuspldores. or walk
homo. Already many of them have given
their temporary quarters at tlm hotels i
have commenced taking their meals at lui
counters and sleeping at night on the c <
fortablo setters of the hotels.
Already In Had Mmpc.
The plight of thcso placuhuntcrs would
ridiculous If It were mil pathetic. A la
majority of them have cither been decol
by the thoughtless promises of friend
they have deceived themselves with the
lief that remunerative places are to bo I
for-tho asking. They will consider th
selves fortunate If at the end or iho w
they are able to ilml friends with uunlcl
"Influence" to secure them passes to tl
homes.
And among the hundreds of men who
anxious to servo their state , for a cmisidi
tlon , there aiy n half score or moro gen
men of the cloth who are none the less k
for the position of chaplains bccauso of tl
profession , which toadies thorn not to
their minds on earthly things.
And speaking of the clergy , Chapl
Gearhart uuda what the Irreverent galle
would call n palpable hit while offering his
prayer In the senate today. After ho had
approached the throne of divine grace wltli
an earnest supplication for a blessing upon
the deliberations of the senate , ho prayed
that none of the scats before him might become -
como vacant during the session by reason ol
sickness or death , and then , as If the picture
of the absent Taylor filled his mind ho addci
"or otherwise" to the prayer. Several gravt
and reverend seignora raised their heads ni
the pious suggestion and almost smiled In r
knowing way.
Another notlceabln feature libout tin
opening scene today was the presence ese
so many young girls who arc all after clerk
ship , many there are handsome a'nd wcl
dressed , and others were less favored it
face and raiment. Unless a reform Is Instl
tuteil over the methods of the scassion twi
years ago a majority of these girls will hi
the victims of ono of the most disgracefn
systems that has over grown up In the legIslative
Islativo history of the stato. It is worth i
girl's reputation to hold a place In the legls
laturo. There Is a movement on foot In tin
senate to do away entirely with the assla
lance of female clerks during the presen
session ; If the good scnsoof the members o
the house prevails n similar rule will b
adopted there , and the disgraceful scenes o
two years ago will not again bo enacted thl
winter.
Nordrii'M Clmse of Vim Camp.
Ono of the much wanted men at the stat
house this afternoon was Bailiff Nordon , th
man who so diligently prosecuted the searcl
for the missing county clerk of Knoxjcount
and Dually ran him to earth and compelle
him to obey the mandate of the suprem
court. In the eyes of the republicans th
old man was a hero , but his persistence an
the manner in which it was crowned wit
success excited nothing but disgust In th
breasts of the indignant democrats and iiuli
pendents.
Telling of his experience , Mr. Jforelon sat
that after ho had finally found the elcrli
that ofllcial at llrst claimed that ho was nc
well enough to go to Niobrara. He wa
finally prevailed upon 'to undertake th
Journey , llo arrived at the county sea
after a drive of twenty-six miles at 1 o'elotv
in the morning. The order issued by th
supreme court was then served upon bin
Alter considerable delay the clerk decide
to recanvass the vote. After lonsultlng a
attorney utnied Fox , who has lent himse
to the scheme to delay the issuance of th
eertilR-ato as long as possible , two me
were summoned to assist the work of eai
vasaing the vote.
Deliiyeil All They Could.
One of them lived at Broomtlcld , over fort
miles away , and the other at Spencc :
twenty-six miles in another direction. Th
summons were placed in the hands of th
shcrilT for service and then a long wait ci
sued. Nordon persisted in his efforts t
hm-ry them along , and finally ho sueceede
n having another canvassing bo.ir l sun :
nqncd. This time the men were at hand an
ho work of canvassing the votes was begui
Attorney Fox got in his hand again ai :
nado a lengthy speech to the board , as 1
he proper manner for them to go about tl
ho duty they had been called upon to pc
'orm. Ho then asked permission to draw \
i legal document , and after delaying matte ,
mt 11 ho had laboriously and with no inco :
slderable effort prepared seven pages i
natter entirely foreign to the work in hain
the canvassing board took the respoiiblbilil
of doing the work in their own way.
C'amu Hack Flylntf ,
The certilicato was issued at thirty-s
minutes past 1 o'clock this morning. Mo
.Icn at once drove to Verdigrc , where 1
found Matt Daugherty in waiting with :
engine and a special car and a track clear <
till'trains to Norfolk. The distance to Nc
folk was covered in but little moro than i
liour. The regular train was then taken
Fremont , where another special stood read
and again Nordon and the then precious ec
tillcate were speeding toward the state eaj
tal. The track had been cleared , and bn
ring a few minutes delay in the suburbs , :
stops were made until Lincoln was rcachi
and the certificate was handed to the prop
parties.
Mr. Nnrdcn's work was after all in vain ,
it took the house but a few minutes to uti
the work that ho worked so hard to i
But he got the certificate and if the im
pendents ever have need of a man with t
grit and determination to run to after u r ;
cally oOici.tl they find the venerable bailiff
the Nebraska supreme court n man with c
pcrionco 'Imt will stand them in good stcn
And yet the independents are trying
silence the qualms of conscience tonight f
their action by claiming that they have i
coived a telegram irom County Clerk V
Camp containing the Information that t
ccrlillcato presented by Norton today wn
forgery , for the reason that ho has Issu
thi ) curtillcato only this morning. T
Knox county ofHclal Is probably correct , li
when lu > sent the telegram ho was doubtk
ignorant of the fact that a special cnglncc
travel faster in Nebraska than a telegr ;
under certain circumstances.
Ton Utterly l.ovrlr.
The Llndell hotel rotunda was the sec
of a very interesting love feast this ovonh
Shortly after 8 o'clock Ueprcsentatives p (
tor of Mcrriclc and Casper of Butler we
called from their roams and in the presen
of a hundred spectators. Porter was p
scntcd with a handsome gold-headed cai
Congressman Bryan making the prcscntatl
speech. Ho referred in eloquent terms
tlio fact that they had astonished th
friends and disappointed their enemies
/tho effectually getting together. Ho p ;
Porter a motley-worded compliment for 1
work on the floor today and said ho was hi
to proclaim that there was nothing crlmli
In a mail's being young.
Mr. Porter responded very nicely and C <
grossuian McKelghan took the bench to p
sent a similar ornament to Casper , ;
patted-tho democrats on the back for t
noblu stand they had taken , and assert
that then ) wcro men hero who had t
manhood to vote their convictions and
break through the lines of partisans ! !
Mr. Casper came in for some , vigorous ec
mendation for his light on the tloorand wli
ho rose to rcsiiond ho Ijimu'lied Into a dlss
tatlon on tlio beauties of fusion until so
ono pulled his coat tall , and ho sut down.
The crowd wanted more , and Given , ICi
Trevcllook , "fiovernor'1 Powers and Poyn
made brief speeches lauding fusion lo 1
skies , and declaring that the collar of p
tlsaiishiphad at last been broken. Pow
expressed the opinion that tlio example
by tlu democrats and independents would
followed by some of the republicans , and
form , the grand good work they had und
taken , was in plain sight now.
There were/ loud calls for Elder and V
dorvoort hut they did not show up , and C
per and Porter tucked their canes inn
their arms and headed for the caucus.
iilcnta intil Dtminrrut * Organize i
I.oner House1 ,
LINCOLNNeb. . , Jan. a. ( Special Telegr
to TUB IlEB.- lacked but a few seconds
high noon when Secretary of Htato AI
took his place at the speaker's desk , and i
sound ot the gravel King through the hal
representatives for the first time during i
Twenty-third general assembly , AH of
member * wore in their places and the i
lerlcs and lobby were crowded almosl
suffocation.
The spectator * encroached on the space
apart for the legislators and the small arm
oflioys , who are seeking api > olntments n
liagefl , pre-cmptled all other available span
me ! the overflow squeezed under the pro ?
tables , and toward the brains and dlsposltlo
of the correspondents.
The secretary of state said that by th
power In him vested by the legislature t
the state of Nebraska he called the house (
representatives to order ami lininedtatel
asked Elder Howotooffcrprayor. The vonci
able divine stopped forward.themctnbcre iw
to their feet and this brief but fervent suppl
cation ascended to Iho throne of gr.ieo :
Almighty ( . .oilve como to Thee as tli
iniihcr and ruler mid Hie iiipvirlor | of tli
worlds wot-onio toThi'o aUln Tliv hlc > .lii
upon u < 4 tn thuniu'idngnf this legislature , an
unking especially Hint Thou wilt irlvclt wl
ilom In all Us dclllioralloiH and tinooitnsi
that eonii'lli from above , that. Is llrM piu <
then pcneoahlo and lilled with mind fruit
May Iliu laws that shall ln emu-tod by lids lei
Malnro bo for the good i > f 1he whole ) tnti
reaching every family mill uvcry hiMlltitloi
and lift ui ) and elevate the people of the slat
We Dray Thy liU's Inc upon us for tlio filtul
as It has been In the past. Thim hast given t
us clot him ; and bread , and shelter , an
\\iinntli. Thou hast oppiiod Thy hand an
supplied tln > desire of every llvliitf thin :
Still eonllnnu Thy goodness , guide ns lull
way ot truth as u state , and lirlns ns til last i
everlasting life , through .leMis Christ , o >
Lord , Amen , l
Culled Norton's Name.
The presiding oftli-cr stated tint he woul
call the roll of those who had certilicates <
election entitling them to seats upon tl
floor of the house , and asked Ilov. L. P. Lu
den to assist him. Mr. Luddcn took a ro
prepared by the secretary and began tl
call , while the opposition that had boon ai
tlclpatcd did not develop. It was not d
layed. however , for the combined forces i
opposition were in waiting for the reader 1
reach the name of the contesting mcmbi
from the Twentieth representative dlstric
When the clerk spoke of Norton , Porter i
Mcrrlck demanded to know by what autho
itv thatnaine had been placed on the li
He said that the secretary of state hi
assured him that it would bo called at th
tlmo and asked why he had put it there.
Secretary Allen replied that ho had mai
up the list twin the certillcalcs sent in 1
the various county clerks aiul that the nan
of Norton had been placed there instead
that of Kruso in accordance with a writ i
the supreme court of the state.
Kulicd ttinOiiettlon Quickly.
"I demand to know , " slid Porter , " 1
what authority the supreme court decid
who are members of this house , and we pr
pose to find out before we go any further 1
what authority that body assumes to decli
who are entitled to scats hero. We want
understand this that wo may vote- legally ,
demand that the name of Norton'be stricki
from the list , or that the name of ICruso !
added to it. We ask nothing but fair de ;
ing. but we propose to have that. "
Watson wanted the gentleman from Mi
rick to understand that the secretary h :
acted In accordance with the ruling of tl
court , and that if any information was d
sired as how that court had arrived at I
conclusion , the clerks of that court we
proper persons to give that Information.
Casper of Butler lookup the democrat
end of the light , and said that th
knew where the secretary got the authorlt
but that they objected to the. supreme con
rcdistrlcting the state to suit its own cc
venlence. Ho Insisted that the secrcta
and the court were taking an unfair : \
vantage for partisan purposes.
Porter again took the floor , and sii :
"Wo recognize the supreme court as t
highest tribunal in the state , but if itovi
steps the bounds of propriety a'nd trampl
our rights under foot we arc not bound to :
idly by and submit to It. Wo may be sir
crs , but wo still have a little hurso sen
left. "
Arguing tlic Mutter.
.Watsoncalled his attention to the fi
that the supreme court had done nothi
moro than the district court had done in t
Clay county cases , and Elder at once arc
to explain the differcnco in the legal aspi
of the two cases.
The secretary read a section of the ruli
ot the supreme coyrt in the matter , and s :
that ho had hascuhis action on that claw
declaring that the certificate had be
wrongfully issued to Kruse , and was the
fore null and void.
Porter insisted that this was not suftlcic
grounds , to sustain the action of the sec
tary , and declared that the indcpcndci
proposed to spend the time until doomsd
if necessary in order to get Justice.
Casper said that they rccognl/od the cu
ness of the little trick -and appreciated
but they did not propose to allow any :
premo court or any other body to praut
any chicanery. He proposed to ma
a fair statement of the siti
tlon. and said that the pco
of Boyd county had paid their takes ill II
county , and nothing was heard of the. pro
sltion to annex it to Knox county mill ,
was found necessary to defeat an indcpei
cut candidate for the legislature.
MelCcsson called Casper down , and asl (
him a few questions regarding the action
the candidates on the tickets as to the
tention of counting the vote of Boyd conn
The house was no nearer a solution ot I
question than it was at the start , and 1
secretary ordered the clerk to proceed. P
ter protested , but without avail.
Porter Pressing IIU Claims.
As the clerk continued to call the nam
Porter lifted his voice sovcr.il feet , and
dared that ho appealed from the dccisi
The secretary declined to recognUo the i
'
peal , und Porter vchomently'inslsted tl
unless the chair entertained it , ho would |
the motion himself , but before doing
asked whether the chair would give th
satisfaction on tholnattcr as soon as the i
call was completed , and before the hoi
proceeded to the temporary organisation.
The secretary said ho would stand by I
roll as long as he was presiding officer.
The clerk kept on with the call and Per
put the appeal from the decision of the ch
and declared It sustained. It did not si
the call , however , and Porter then told I
independents not to answer to their nam
Some of them heeded his advice , but it t
not affect the proceedings , and when the t
wan completed a demand was made fo
verification of the call In order to get
these names. It was stated that all co
votoon thoorganl/.atiou whether tTiny 1
previously arranged or not anil the select
of a temporary speaker was declared to be
order.
I'or Temporary .Speaker.
Watson named Church Howe of Neina
and Porter immediately renewed his mot
to strike thu name of Norton from the lisl
, That precipitated trouble again , and 1J
son of Fillmore declared that the iadeji
dents proposed to Have their rights , in s |
of the supreme court or any other body , i
they did not want the organisation of
house stolen from the hands of the people
unfair methods. They would not lose mil
tlm other fellows had Iho necessary voi
and wanted it understood that no ot
means bo allowed to como In.
Watson suid that the republicans 1
simply decided to sustain the supreme co
until the proper time came for tlm housi
pass upon the matter under its tcmpor
organisation , and Insisted that it was
other side that was moving unfairly ,
did nut think it right for the opposition
pack the house and applaud to the cc
profane denunciations of the supreme coi
The republicans represented the law i
order part of the house , and they propose !
let the house settle the question fairly.
Casper then asked aa a favor that Iho
bo called on the election of tciniior
bpoaker in order to have u fair express
and avoid confusion , and the request <
granted ,
The Independents saw that they were
feated on the first point raisedanil conlld
in their strength submitted to the refusa
a verification of the original call. Thev |
rented the namn of Sheridan of Red Wil
and the call was ordered , It resulted S
4Sln laver of Sheridan , who voted f or h
sulf , Howe not voting. Barry of Grcely i
Watson of Otoo were apix > ! ntcd a commit
to escort the temporary speaker-elect to
chair. Ho said ho would try to bo fair
thanked the house for the honor conferrei
Named Clerk ami Committee.
Krio Johnson was named for temiuu
clerk , and when Howe moved his clectioi
acclamation it was quietly carried.
The chair was instructed to appoli
committee of five on credentials
seconded U by wulllug a list already prcpo
from his pocket. This faction called forth n
derisive snout from both' floornnd gallery , but
Sheridan proceeded to read the list as soon
as oixler was restored j
The eommlttco"wns .is ( follows : Casper ol
Butler , Barry of Oreeley , Watson of Otoe ,
( iciiles of Klch'ardsoii .and Sodornmn ol
Phclps. ' . {
H was thi'ti ircloek , and pendlmr the report
port of the committee on credentials a recess
was declared until II o'clock.
< ! < itT < > Iti'porls.
The memberswcro late In reassembling
and It wan-necessary to call the role twice in
order to properly- show the presence of the
stragglers.
The only contest Nvas hi .he ease of Norton
and Kruse. and nil ; the committee reported
In favor of seating -.ill the others , but
tu that casoj there was a ma
Jority and minority report. The 11 rat
was stoned by four of the nlembers and Wat
son stood behind tile .minority report. Tin
majority report pufixi'rted to review the case
ind wound up by iidvislni ; the seating oi
Cruse on the ground the ground that his
vas the certlilcatothat was originally issuci
> y the clerk of Kniix county , and that tin
upromo court hadiio authority to mix up In
ho matter , as It wJi.s something of whioii
he house Itself was the solo Judge ,
The report of thuuilnorlty recited that tin
upremo court had ordered a ccrtitlcato is
-.Ued to the candidate having the largesl
lumber of votn-vJnohiillng those cast h
5oyd county and th'at the certillcato Issuci
Cruse had been unmilloil by the same power
I low They Snvcil Tlmp.
As soon as Casper , finished reading the twf
eporls Watson took the floor and askci
Jasper If It was not n fact that the rcpor
hat ho had read as voicing the majority o
oinmittce had not.bcon . drawn up or read ii
ho presence of the committee.
Casper admitted that such was the fact
mil said that It was > being drawn up whili
iho committee was deliberating over tin
natter.
Watson then demanded to know whethc
my Investigation was instituted by the com
nitteo. or nny evidence touching the casi
nt reduced before HI and Casper again ad
nltted that such was not the case. lie sail
.hat the members of the committee "knov
list what it would como down to , " and tlm
.hey did not think that there was any use ii
olntr over the whole matter for nothing.
Watson then took up the question ot th <
lutyotthe legislature to see that the pee
: ile of Boyd county were not disfranchised
ind moved the adoptloil of minority report
Porter amended bV moving the adoption o
the majority report. !
Ho we discussed , the phase of the matte
is touched upon by } tlio supreme court , am
slated that if It was the Intention ot th
iienibcrs to ignore that body and set asid
its decisions , they might as well go out o
liuslncss Jirst as last , a { , it was a revolution
iry proceeding and di welly opposed to th
continuation of general government ,
KtOluillKOll Some CompllMii'lltH.
Porter insisted thatithoro was somethin
liigher than the supreme court , and that wa
the legislation of the sfate under which i
was supposed to bo operating.
' Who interprets tho'logislation if 4t is nc
the supreme court ! " doriianded Howe.
"Where it is so plain that ono ruiinin
understand " was-the "I tha
may , - reply , say
the average horse senso'of an individual i
sufficient. "
It was then stated that the independent
on the committee had Offered to report 1
favor of setting out bptlrKruso and Norto
until the question wasiiinally settled , hi ;
that Watson would no.t- consent to it. H
had insisted on seating his man , and ha
forced them to espwiso jtho cause of thei
man from the very start , regardless of th
facts or morals of the isse.
Porter offered lo.nowtsettlo . It for the tini
being in the way propo'ipl..lmtWatson | ii
sisted that H was not Just'or ' right to atteni )
to keep a member'oiit of the place to whic
he had been duly fleeted , Just because th
opposition had power to do so.
"You craclcQu it to us this morning who
you had the bulge on us , " retorted C.isper.
"God , knows wo never had the bulge o
.you , " sald'IIowe , "If wo had , wo woul
have taken advantage of it. "
Casper moved the previous question , allef
Ing as a reason for so doing that the wran <
ling and haggling would otherwise contini
until 0 o'clock and It would do no good. Tli
members wcro apparently of one. mind o
that point , and the vote wits ordered on tli
amendment which was tlio adoption of tli
minority report.
Smtcil Knisc.
It was defeated , the democrats and ind
pendents voting solidly together , thus go
ting the necessary 51 votes , the rcpublicnr
mustering 47 , neither Krusu nor Norton vo
ing.The
The majority report was adopted by Hi
same vote , and Kruso was formally declare
entitled to a .seat.
A motion to adjourn until morning was d
feated by a vote of o'J ' to10 , and the prcsei
tation of names for permanent speaker wa
declared to bo in order.
r Oakloy of Lancaster named Jensen of Fil
more , and Karry named fiallin of Saunder
Both wore seconded , and then Jensen s
cured the floor to suggest that the propi
thing to do would bo to'havo the momboi
sworn in before the house proceeded an
further , and moved the appointment of
committee of three to wait upon the ohii
Justice of the supreme court to Inform hi
that the members of thu house were reat
to take the oath.
Howe remarked "Oh John don't
, , , wo net
that , " but Porter insisted ' that the gcntl
man from Nomaha did'neod It.
Howe retorted thathq was glad to see tin
the gentleman from Mcrrick would rccognl
the supreme court In the same hour in :
within live minutes of tlie time that ho hi
been so eager to ignore it.
"Yes , " replied Porter , "but the Justli
who will swear us In Is the ono who disscntt
from the decision that .met with your a
in-oval. "
"Hois tlio \vho.sonaino was afilxed
the order declaring that Kimo's certilica
was unlawfully issoicd , " insisted How
while the packed gallery rose on its hh
legs and shouted , > lNq' . " The speaker a
pointed Jensen , Caspar and Porter as tl
committee to wait on the chief Justice ai
assort of disorder ensueij during this abscnc
HtvnroTltom In.
As they ro-entcrell the hall escorting tl
vcner.iblo Jurist both members and sped
tors. burst out in apjilauso as their eyes ft
upon the bent but well known form. T ]
greeting was modestly acknowledged , ai
taking his seat In' the chair of the chl
clerk Just under the .speaker's desk , tl
chief Justice asked thu speaker to have tl
members stoji forward as their names we
called and subscribe to ) iho oath. This occ
plod some time , although It was a notlceab
fact , and one afterwards commented on I
the Justice , that tlio members wrote tin
names very readily nnd without appare
exertion , and the list proved to Ixs very le |
bio when subsequently examined , mui
moro so than Is usually.tho case when tl
chlrography of 100 Individuals is grouped
ono collection. It was u very different sig
from the onq offered . by the roprescatati
body of two years ago.
When all hud signed the oath It was a
ministered to the members In a body , sUln
lug in their places , It was the oath pi
scribed by thu constitution , eacli proinlsii
to support the constitution of the slate ai
not to accept any tnpjicy or other bril
cither directly 'or indirectly , to Inlluen
their action regarding any legislation ec
sldercd by them , Some of them smiled
thu vigorous wording of the oath , whtU
spectator declared tha't If Iho members pi
inxsod to llvjo up to it they might as well st
right where they wcro.
( inlllii Klcctoil Speaker.
The house then again essayed
proceed to pcrnianunt organir.it Ion a
the same names wore presented by the sai
members , Kuckley seconding the nonUnati
of Jensen. The roll was called and thoi
suit as announced gave Gallln M uiid Jens
47. ( Jallln received the united support
the democrats and Independent ! ) , while J (
sen was given tlm support of all the rcpi
licans with the exception of Ix > cknur
Douglas , who voted for Gafiin ,
A committee of three cscortexl the pern
ncnt speaker of the Twenty-third Nebras
general assembly to the chair. After t
usual expressions , Ho said that ho fu
realized the responsibility resting upon t
speaker in faithfully performing the dm !
f his onion. Ho promised to bo fair and
lonorablo in every ruling and protect every
nember of each party on the lloor. while , H
10 erred , ho would put all appeals cheer-
ullv. Ho said that the speaker was helpless
vlthout assistance from the members , and
10 asked their aid In making this a session
hat would bo prolltablo to every citizen of
ho suite.
I'nnnlinoiiH on , I < > liii oti.
Porter moved the election of Eric Johnson
R permanent chlet clerk ot election by ae-
lamatlon.
Howe demurred on the ground that It could
lot bo done that way as the constitution re-
1 Hired the vote of every member to go on
coord in that matter.
Porter rojoi'-cd to know that he had finally
onie tn recognize the constitution , and form ,
lly moved the election of Johnson.
Howe seconded it , and the roll call gave
Mr. Johnson an even one hundred votes the
upport ot every member of the house and he
vas declared elected.
That was as much happiness as the demo-
rats and independents wauled for ono day ,
nut flushed with victory they Joined with
-bo - republicans in carrying a motion to ad.
ourn to tomorrow morning at 10 o'clock. .
UKADI.OCKIM ) IN TUi : SUNATIi.
lacli I'arty Supjiiirtlnjr Its Nominee foi
Temporary Speaker.
LINCOLN , Nob. . Jan. ! ) . [ Special Tele-
; ram to TUB Dnn. ] The bauds of tin
jig clock above the president's dcsli
lolntcd" to several degrees past the
icon mark when Lieutenant Governor
Majors took his seat and called Iho senate tr
order. Then ho said :
"Tho hour fixed by the constitution havlnt
arrived , the senate will eoino to order. "
Chaplain Goarhardt Invoked the blessing
of Divine Providence upon the opening do-
iberalions , the senators standing in thcii
ilaces.
Senator Darner nominated Plrtlo for tcm-
> orary secretary. Senator Everett of Burl
ilaced in nomination Prank AVilson , whili
Senator Mattes of Otoo performed the same
service for Frank U. Morrlssoy.
The two voles worn taken , the dlvisioi
> cing upon strict party lines. Pirtlo am
iVilson received fourteen votes each am
Morrissey live. .
Moore of Lancaster sought to expedite
natters by moving that the lieutenant gov
ernor appoint a temporary secretary. Matte :
thought it could not bo done.
The vote was taken and declared lost
Another vote was taken with no change ii
the relative strength of the three candidate :
ind then , on motion of Mattes of Otoc , seconded
ended by North ot Platte , the senate took i
recess until U o'clock.
Just tlio Same After Keoess.
If the recess from noon until 3 o'clock bai
nceii taken with the idea that the two o !
Lhree candidates for the temporary secre
taryship would got together and dccidi
unotig themselves , then the adjournmcn
was In vain , for the afternoon brought n <
results. The nontenant governor called tin
unorganized senate together a few minute :
aftero'clock ! ! and announced another hallo
for temporary secretary. The vote stood : u
lieforo adjournment , fourteen republicans
fourteen independents .and live democrat :
still sticking to their favorites.
Senator North of Platte county wanted t <
know by what authority the lieutenant irov
crnor alluded to the gentlemen present ai
senators.
The lieutenant governor said that he dii
not know officially ho only guessed. Hi
assumed that the gentlemen sitting behini
tie desks held certificates.
Moore of Lancaster agreed with the other
that the senators had as yet no official litli
to their senatorial dignity. Ho moved fo
the appointment of a committed upon ere
dentials and remarked "Lot us bo a senati
before wo act as one , " but there were cer
tain gentlemen present who proposed to ligh
It out on their own line , it it required tin
entire session und they had enough parlla
mentary ability to carry their puiiit.
They were led by Dysart of Nuckolls. II
moved to lay Moore's motion for a committe
on credentials on the table , but at tlio re
quest of Tefft ho withdrew the motion 1
order that the original motion might bo dls
cussed.
In Duty Itouml to OI-J-KM/C. |
Senator Tefft differed from the senate
from Lancaster , Ho contended that th
senate was following the usual course
Men claiming to bo elected lo a logislativ
body have a perfect right to get logethc1
and organize according to precedent. II
believed that H was the duty of those pros
out to keep on voting for the office of ten
porary secretary until ono had been electee
Then Dysart made a personal explanatioi
Ho believed that this session had been 01
ganized as previous sessions had been. Tli
old rules should bo followed , therefore h
moved that the motion offered by the gentli
man from Lancaster should Ho on the table
A division was called for and the motio
was carried by a vote of 15 to 11. .
The balloting for a temporary sccretar
was again resumed and the results showc
that the senators by courtesy were all of th
same opinion still.
Senator Pope attempted to unravel th
complexities of the situation by moving thu
the lieutenant'governor be designated us th
temporary secretary until the credential
should be examined but this did not suit tli
senator from Nuckolls , and ho inovod thu
the motion of the Saline county statesman I
indefinitely postponed.
The motion prevailed and another balk
was taken. No change in the result. The
two moro ballots were taken and still the n
suit was the same. As a rellof from th
monotony of disagreement the senators wci
to talking again.
Xeeemmry to Start Sommvliorr.
j ,
Senator Moore Insisted that there was n
rule that required the senate to elect n ten
porary secretary , but the lieutenant go' '
ernor wrts able to enlighten him , Ho state
that it was a matter of precedent. Tlio sei
ate must have a place of beginning. Thoi
must bo somebody with whom to tlio the cei
tillcatcs of election from the various di
trlcts. It would bo presumption on the pai
of the chair to select a committed on crcdei
tlals before any cortillcntes had been filed.
Senator Clarke of Douglas made h
maiden effort in a motion to dispense It
the oftlco of secretary pro tern , but the ii
cvitablo motion from the Nuckolls count
senator placed It on the table with tl
others.
Tofft then brought up his old motion fi
the appointment of n committee of live c
credentials. Dysart move to table It , hi
upon discussion the motion to table was d
chircd lost , the vote standing 14 to 14 , ai
the chair cast the deciding voto. Spoakii ;
In favor of his own motion Tefft stated tin
in the appointment of a committee on cr
dentials the senate was not proceeding 01
of thu regular course and he referred lotli
senate journal of two years ago us ana
thorlty.
D.Vbart renewed his opposition to the pr
iKisal by moving to iiulellnltcly postpon
but his motion was lost , the chair aga
casting the decisiveballot. .
AilJouriKul U'llhimt Action ,
After further discussion , in which Or
hum of Clago expressed his belief that the
was no rule to compel a legislative body
elect toniporary officers until It could bo d
terminal who are entitled to Eeats.oTcl
withdrew the motion and the ballot was i
suincd. Two more ballots were taken wit
out altering the relative pobltion of tl
three candidates , and then the senate a
Journcd until 10 o'clock tomorrow morning ,
VJKV : SKNSATIO.VAI. scis.vi : .
JiiKtlcu Maxwell unit JiMlco I'ubt Iluvo i
Ummml 'Colloquy.
LINCOLN , Neb , , Jan , 3. [ Special Telegra
to TUB BEI : . ] Tlio exciting scones at the t
ganlzatlonof the House of rcprrsc-ntutlv
were exceeded In sensational features by t !
still moro exciting events which transplr
in the supreme court room a short tlmo L
forii the house was called to order.
When thu court convened this mornli
Attorney A. J. .Sawyer of this city , rcpi
sen ting James G. Kruse in thu contest frc
lioyd couuty , arose and moved tha con
that the decree be modified to conform
ho judgment of ttio court as given last Fri-
lay afternoon.
C , R Magoon , also of this clty.c stated to
ho court that Mr. Norton had had hut u
hort notice of the Intentions ofthoattor-
leys oji the other sldo to move for the mod-
llcatlon of the decree , and ho requested that
ho matter bo delayed for a few moments ,
mill Mr. Ageo , who had represented Mr.
Norton In the case , could nrrlvo.
iliMtlrn taxnrllS .liiilRmrnt.
Justice Maxwell straightened himself up
ind. with more than his usual earnestness ,
loclared that If the decree had been \yj-ittcn
ip as voported In Titc OMAHA Ur.i : this morn-
tig someone had been guilty of a high-handed
inn-ceding. That it was infamous to change
or doctor the Judgment of n court of justice ,
ind that If things of that nature could be
lone und Justified by public opinion and the
ruilty parties remain unpunished , then
ourts of Justice nnd free Institutions wcro n
failure.
It was noticed tint while the aged chid
ustlco was speaking his mind so freely the
issoclato Justices worn taking moro than an
military Interest In his remarks , and at the
irst opportunity Justice Norval suggested
that he was Inclined to think that the decree
vas the very ono which would naturally fol-
ow the judgment of the court as expressed
ast Friday. Then Chief Justice Maxwell
cspondod with considerable warmth :
"I would do no such thing. That Judgment
lid not authorize or contemplate a great
leal of the matter contained in the decree ,
rim court has recently held that a judgment
ind a decree upon matters not contained in
the pleadings Is an absolute nullity. 1
vould like to know wiio Is responsible foi
this decree. "
diisllfu I'ost Orilcrcd It.
Tills aroused Justice Post from the posi
tion of an Interested listener and made him
in active participant in the unwonted pro
ceedings. With unusual dellhcratenoss ol
nannor ho said to the chief justice :
"I bog your pardon , the decree was based
ipon the judgment of the court. 1 want u
) o understood as saying that the judgment
ontomplated no cancellation of the cert HI-
cato that had been issued lo Kruso without
minority of law. "
Justice Post then wont on to explain that
mmedlately upon the judgment being an-
lomiccd and when the other members of the
ourt left the bench , the chief justice with-
Irew from the court room and took a hack
which had boon waiting to carry him to hlf
.rain in order that he might reach his honn.
.hat evening. Then the party who preparcii
the decree came before the court , before the
lecreo had been prepared , and asked for in
structions in regard to the ccrtitlcato thai
lad already been issued ; that ho ( Post ) in- -
Conned him that the judgment of the court
md contemplated the cancellation of that
certificate , and the decree was written
iccordiiigly.
" 1 want it understood , " said Justice Post
"that 1 take upon myself the full responsi
bility of saying that the decree was h.iseil
upon the judgment of this court , and fur
ther that the judgment of the court was Jusl
und lawful. "
Criitf.il ! a Profound Sensation ,
No more sensational words had over bcei
uttered upon the bench of the Nebraska su
-ironic - court. For the first time in the his
tory of the court an associate justice had
llatly contradicted the chief justice , and ii
the presence of loading members of the bai
of the state. The coolncsa of the associate
was in great contrast to the evident nngor o ;
Lho chief justice. His face grew intensely
| iulo as the associate Justice proceeded , am
when he concluded by asserting almost de
llantly that the judgment of the court was
? oed law , the form of the venerable Judge
Lremblcd with Indignation and chagrin
Controlling himself with nn effort , the chiol
Justice said lo Judge Post.on his left :
"I am glad to know that you assume tin
responsibility. "
Then it was Judge Post's turn to crow in
illginint. With a vigor of manner distinctly
in contrast with his former coolness , ho said
"No man has ever yet said that 1 shirkei
a responsibility that properly rested upoi
my shoulders. I don't hesitate in holdini
myself responsible for the matters that an
contained in that decree , and [ turning ti
the e'hicf justice ] ifvyou are of the opinioi
that 1 shirk a responsibility you are the llrs
that has even placed that charge at my door
I submit these facts to this court and I wisl
it to be understood by all the members of tin
bar here present in order that there may bi
no misunderstanding in regai-d to the mat
ter. Perhaps what I have said is sufficient. '
His PerHonal Opinion.
The chief justice looked as if ho was abou
to make another angry retort , but ho though
better of it and after a moment , in which h
inado a visible effort to control his fecllngn
ho turned to the clerk below and said h
would call tlio cases of the llrst district.
Justice Maxwell stated this evening tha
ho did not know until ho reached the coin-
that changes had been made by th
associate Justices themselves. The firs
intimation ho had of the matter wa
when ho saw it in the newspaper ?
and ho had supposed that the changes hai
been made by the attorneys. Ho had lef
the court room as soon as the decision ha
been rendered , and look It for granted thu
that was the end of it. So far as the poll I i
c.il bearing of the decision is concerned , h
thought it had a tenduncy to drive the dome
era Is and independents together , and was i
fact just what they wanted , as it was givin
them a reason to advance for their concerto
action.
I'litilH lor Toilay.
LIKCOI.N , Nub. , Jan. ! ! . | Special Telegrai
to TUB UIK.--The ] independent and ilemi
cratle members of the house held anothc
caucus at the Ltiidell this evening to nri-anij
the program for tomorrow. The conforom :
was somewhat protracted , but an ninicabl
understanding prevailed all the way llirougl
The only matter decided upon definitely wi !
that nothing further should bo done tome
row toward completing the organi/.atloi
but the selection of a scrge-ant-at-arms an
the assistant and the election of a postina
tor and an assistant.
It was decided that tha democrats shoul
nami ) the postmaster and the iiKsintar
while the independents will select thesei
geant-at-arins and assistant. The dlvlslo
was inado on this basis for the reason tin :
If the officers hail been divided alternatel
between the two parties the democrat
would have been able to name all the chic !
whllo the Independents would havo- had t
content themselves with the assistants.
No attempt will bo inado tomorrow to si
leet any of tlio subordinate ! officers and tin :
mutter will bo left mull the house has n
turned to u more normal condition of mind ,
The members of both the successful pa :
ties were In high feather this evening an
some of them wcro exhilarated to a ver
noticeable extent. The exhllcratloii'wns ei
tlrely duo to their success In e-apturing tli
organization of the house and to no otlu
c-ausit. Most of the members availed then
selves of the llrst opportunity to get a goo
night's rest that has offorcd Itself Binco lu ;
Friday nightand long before midnight tli
corridors of the Lindull were practically di
sorted of all but the few members , of th
offlcD-sccking contingent , who were unah
to pay for a bed.
Slii-ti-li ol tlm X < : Spoalier ,
, Hon. James N. Guflln of Colon , represent !
tive-olect from thoTwcnty-seventh rcprcsu :
tatlvo district , was born in Pccatonlca , !
Wlimobago county , 111 , May 'JT , 1S55 , and
consequently 37 years old. Mr. Guflln grai
iiatcd at thu High school of his native cii
at the ago of ° L Ho then came to Dough
county. Nebraska , where ho went into fan
ing and stock raising on an extensive scat
After six years ho removed to his presei
homo In Saundcrs couuty , where ho has bee
for ten yearn , ami during that time bus her
u successful farmer and stock raiser. M
Gatllu was several times elected Justice i
the peace , both In this and In Dough
county , and was a member of the hist leg !
iaturo from that district. He belongs to tl
people's Independent party , and sliu-o Us u
ganlzatlon j formerly ho was u republlca
} Io has 11 special interest In the transport
tlon question and will support meaiiur
looking to u reduction of freight rates.
Ho says ; "I shall favor the election of i
Independent to the I'nltcil .States sena
first , and In case It should develop that x
cannot elect an independent It will depot
on who thu men arc whether I support
vcpubllcau or a democrat , "
LOOKS LIKE RESUBMISSION
Legislnturo of South DaVota Organized by
tlio High License Element.
GOVERNOR MELLETTE'S FINAL MESSAGE
Comtncrrl.il Interests of tlio Stuto In llettcr
Condition Than utuy Printout *
Period Other Venture * of
tlu < Occasion ,
Piniini ! , S. U. . .Tan. -Special [ Telegram
to Tin : llr.n.l Promptly at noon today Chief
Justice Hcnnott of the supreme court admin
istered the oath of ofllco to the coming mem
bers of the legislature , after which the sen
ate and newly e-hosen ollli-ers tiled Into the
house and the inaugural ceremonies took
place. Governor Melletto , the retiring ex-
cent Ivo , delivered a long address , e-overlng
his administration and reviewing the worlc
of the dep.irtpu'iit.
Ho said that marked progress had been
made in the collection of revenues. A most
rigid examination Into the affairs of the rail
roads of the state shows that slnco the or
ganization of the state government mast
divisions have boon operated at a loss.
The common schools still suffer from lack
of uniformity , and the governor recom
mends the entire abolition of the district
plan. The report of the regents of educa
tion show that the educational institutions
are In a , very satisfactory condition. The
agricultural college' had enrolled In Its'Jl ' , 'J7I
students ,
The South Dakota penitentiary Is ono of
the best , managed institutions of the kind tu
the country. The development of the great
artesian basin of tlu' James river valley
continues to dlseloso"ho\v wonders and pos-
Kibiltties. There are now nlnoty-nino deep
wells in opemt Ion In the stato.
As to the State Milling Intercuts ,
The advancement of the mining Interests
of the state during iho last two years has
iioU-hoo-ii surpassed by any other industry.
The yearly output of silver now reaches
$ ! "iOUOJ. The Soldiers' homo has been man
aged In a vcr.v commendable manner , It
was opened November 25 , 1800. and up to
June HO , 1MU. had roceive'd irCi Inmate's.
The state has been very free from epidemics.
In regard to the Columbian exposition
groat-embarrassment was placed upon the
executive on account of the refusal of the
, .second legislature ) to make any provision for
the exhibit of the stale's resources , As a
direct , result of the work of the State Uua-
sian Famine Holief commission thcro was
collected 1,807.1)11 , ! i' > ( ) , ( ) fl ( ) pounds of ( lour and
two cais of corn.
Oovcrnor Sheldon's message was very
brief , being particularly chary of recommeii-
datlons but advocating liberal appropria
tions for World's fair and Soldier's homo.
The house organi/.ed electing T. M. Caw-
son of Aberdeen , speaker , and J. W. Cone of
Salem , chief clerk.
Will Carry ItrsiilimiKslon.
The senate chose Charles N. Cooper of
Huron chief secretary , over F. A. llurdlck of
Aberdeen. Cooper was the candidate of the
resubmlsslonists and won easily , this being
llrst blood against prohibition. Hesubuils-
alonlsts .fool-very confident of winning as
soon , as a vote Is roach. They figure a
majority of sis to fifteen Jn each house.
The exciting question just now Is the one
of appointments. Speaker Lawson this
afternoon named ICelly of Minnohaha chair
man of the committee on rules of tile houso.
Lieutenant Governor Horried named us committee -
mittoo on rules for the senate , Brockway of
Minnehaha , llorner of Hughes , Starr of
Deadwood , Hurt of Huron and Crawford of
Ill-tile. No further nominations will bo inado
for a day or two , but it is generally believed
that Dollard of Him Hommo will ho chair
man of the judiciary committee and Adams
of Hrowii on appropriations.
.Much anxiety is shown over the appoint
ments by Governor Sheldon. The governor
has so far kept his counsel well. It Is gener
ally believed that ho has chosen for railroad
commissioners , John llronnan of Rapid City ,
Frank Conklin of Clarke and probably .Too
Crecnc , late manager of thu republican state
campaign. Titus Corhhill'of ' Deaelwood , pre
sent mine Inspector , will bo turned down ,
and Jack Gray of Terra villo will bo appointed
as his successor. Corkhill Is unpopular and
is reputed to bo weak in republicanism.
Ono railroad commissioner and nilno inspector
specter is conceded to the Dlack Hills , -Ucii
Hwiver of Sully county is .likely to bo private
secretary.
This evening occnred the grand inaugural
ball in the parlors of the I/icko hotel. Klab-
orate preparations were inado for the most
brilliant occasion in the history of the stato.
Five hundred invitations were issued to
prominent persons in-all parts of the stato.
The city Is crowded with visitors. The ball
opened with a reception to the state officers.
Pierre's celebrated ore-hestra furnished tlio
music. In elegance and variety of costumes
nothing approaching this lias over been seen
in the .stato. Besides statuolllcers and their
wives , members of the legislature and their
families , there were present many society
loaders from all parts of thu utato , including
Mrs. II. n. Sterling and Miss Clara Abell of
Huron , Mrs. McMartln of Sioux Falls , Miss
Freeman of Klkpolnt , Mrs , llurlcigli of
a'ankton. A number of olllcers from Fort
Sully , in full regimentals , were pi-went , and
added much to the brilliancy of the scenes.
Mixxi'.Ai'oi.is , Minn. , .Ian. ! ! , A special to
the Tribune from Pierre , S. D. , sajs ; A care
ful poll of the legislature on the rcsubmls-
slon question shows in the house thlrty-Uvo
against , forty-one for and seven doubtful ,
Senate , eighteen against twenty-one for and
four doubtful. The measure will , on this
showing , undoubtedly carry. ,
Wll.f. CONTlNlli ; IN COl.OK.UH ) .
l'oiiillstHiind | lidinorrut * Will Orfianlio the
1,1-Klxlattirc.
Dusvmi , Colo. , Jan. . ' 1 , The Colorado state
legislature will convene In this city at noon
tomorrow. Great Interest , Is manifested In
regard to the organlmtlon of the two houses
and numerous caucuses have been held by
the republicans , democrats and populists ,
but nothing dellnlto has yet been decided
upon.
Tonight will bo given up to the consideration
of thu speakcrship of the house and speaker
pro torn of iho senate. K. L. Woolen , Jr. , a-
democrat of Las Animus county , is the fuvor-
Ito In the house , while Senator Aminons , re
publican from Douglas county , Is In the lead
for .speaker pro tern of the senate.
It Is generally understood that the popu
lists and democrats will unite , and thus
control both branches , Tlio populists , of
whom Governor-elect Walto Is thu loader ,
have signified their Intention of enacting
stringent laws against corporations of all
kinds and have declared themselves the
champions of the people.
The selection of a United States senator
toHUCc.e-e.il Hon. 1C. O , Wole-ott will not bo
made until the mooting of the next legisla
ture , tweiyeinrs hence. Twelve } members of
the present legislature will hold over anil
will have a vote for thu next United States
senator. _
PI.NXSVI.VA.VI.V8 I
Only Olio I.I. Ill ) ttuw Dlnttirhi-il IuOtvnlu ; | (
anil OrKiiuUutlnn.
H.uiiiisnuiio , Pa. , Jan. ! ) . Tne biennial
sr-Bsioii of the legislature opened 'today at
noon. The returns of election of members of
the house , as certified by the secretary of
the commonwealth , wcro presented by Mr.
Harrlty , ,
When Crawford e-ounty was reached the
chief eilork substituted for thu returns e-ortl
fylng the election of Wilbur I' . Hlgby , demo
crat , the docuine-nt uwardexl on Saturday last
to Wllllarr. H. Andrews , republican , by
Judgei Henderson , before ) whom Andrews
had raised ' .ho question of the legality of
Hlgby's elect Ion.
An Ineffectual attempt wai madojo obSC.i
