.I ill THE .OMAHA DAILY .BEE : TUESDAY , JANUARY 2 < 1 , 1 . furred InrRo holdings of real ostnlfl from their own uame to Hint of other parlies. I'roprrty They Trnimlrrrril. The following transfers wore filed this 11 C1 Oulcnlt nnd wlfo to 1) . K. Thompson , northwest titwrtor of hcctlon 2-1 , township U , MURO ft , east ; conNldorntlon , $ IOOOO. U , C. Outcalt and wlfo to O.scur V. I-iinku , lolsll nnd 12 , block 100 , Lincoln * ( located at Kleventh nnd I ) streets ) ! consldiiratlon , * 20- ( MMl Oscar ! * . Knnko to Hnrnh C. Ontcalt , sumo property ) consideration , 120,000. L , I' , Slosher and liuslmnd lo Ilonry Mntu- felilo ( brothnr of MM. M.t , lots 7 nnd 8.and west half of 0 , In block 05. Lincoln tlociiti'd nt I'lf- teonth nnd K streets ) , as collateral security , to KPCiire Henry Mnnsfeldo or any notes of U. W. Motdirrliuld by him. ' C. W. Mmher and U. 0. Ontcnltto W. II , Dor- Kim , nil of lot 2fl nnd east halt lot 27 , block 0 , of Lincoln Driving Park addition , nnd lot ! ) , block 22 , Iiivendm's addition ; omsldnriitlon , lii th'o county clerk's ofllco n hill of sale from U , C. Outcnlt to D. 10. Thompson wns llled. II covers all | > ersonal property on the farm llvo miles south of the city , grass land. Block farm and herd of stock. A challel mortgage was also llled from L. 1' . and 0. AV Moshcr to D. K. Thompson , on personal property sllualed in the house nt the corner of Fifteenth and 1C streets , for $12,500. Last .Htiitoini'iit of tlin Hunk , ' Hcport of the condition of the Capital Na tional bunk at Lincoln , In the state of Ne braska , at the close of business December I ) , 18U2. nnsouncnfl ! Loans nnd discounts $ 70H.001.J4 Overdrafts , secured nnd un secured 0,217.74 V , H. bonds to secure circulation. . 50.ooo.oo Mocks , securities , etc 325.00 Due from approved reserve mol Due from oilier national banks. . . 17.bOO.33 Duo from stuto bnnk.s mid bank ers D.30-1.72 Hanking house , furniture and fixtures 0,770.00 Other real estate and mortgages owned 38,017.02 Current expenses and taxes paid. 14.280.2H Checks and oilier cash Items 3,098.50 „ . . ! for clearinghouse H.84I.1I1 lllllrt of other banks. . 11,355.00 J'raelloiml paper euricney , nick els and crnls 20H.71 Hpeelo 20,780.50 J.eKiil tendernoti-s 17131.0U KiMiemptlon fund with U. H. tivus- iiruriO percent of clicnliitlon ) . . 1,350.00 Total $1,074,807.37 MAIIIMTIi : * . Capital stock paid III. ( 300,000.00 Surplus fund ' 0,000.00 I'mllvldcd profits. . . . 21,180.75 National hank notes outHtaiidliiK 45,000.00 Individual deposits slllljeel In check .1350,139.38 Demand certificates of deposit 158,515.88 Duo to other na- tlnnal batiks 81,574.14 Duo to htuto banks and bankers 47.372.80643.032.24 Notes and bills ro- dlscounted 50,054.38 Total $1,074,807.37 Somq.llnd InvcHtnientfi. The Investments of the defunct hank were jiot of the chiiracter that will commend themselves to hankers of shrewdness and experience. Kor instance , the hank was known to have held iOO.lXX ) stock in a com pany owning pedigreed stallions , organl/ed by , f. W. Small in Clay county , and which afterward turned out to ho steel ; of the most ordinary description. Then Moshcr uud Outcalt held -iC.0.000 of { ho stock of the Western Manufacturing company , which is the company engaged ju handling convict labor at the state penitentiary. The hank also held Sy-i.l.MX ) of the gas and electric light Block , the vice president of the hank being president of the gas company. The hank nlso hold .f'.i2r > 00 of its own stock and 28,000 in the Farmers and Merchants Insurance company , a local concern organized by capitalists in this city , 'the Southern Stave and Lumber company came in for another § . ' 0,000 , and I-lncoIn Savings bank for $10,000. smallest amount of. stock held by the bank was in the Nebraska Stock Yards com pany at West Lincoln , the holdings in this company amounting to $ T > , OCO. In addition to all thc.su the bank is believed to , have hold Hlock in timber lands in the south , in the pri on contracts 'and In several other von- " tnrcs nil well enough in their way , but of scarcely the nature to bo handled by a bank which has the intorcsts-of so many people In Its keeping. About the HtlUo Deposit. State Treasurer Hartley desires to make n correction as to the misunderstanding that is prevalent regarding the liability of Ills bond for the amount lost by the failure of the bank. lie says that the special bond given liy the bank is intended to cover just suuh cases as this , and that the state will have no recourse whatever against him or his bonds men. Kn stated further that the bank's bond was not approved by him , as ho has. . nothing whatever to do in that connection , the approving board consisting of the gov ernor , attorney general and secretary of stale. If the bond given is not sulll- cient the state will have to whistle Tor what ever amount it may bo unable to realize from the assets of the bank. Inasmuch as the bond was for $700,000 ho was authorized to deposit there a sum equal lo one-half of that amount. When the onlco was turned over to him the amount on deposit there was RSS.iloT.Wi. During the week that ho has been in ofllco ho has checked against that to the amount of about $00,000 , which would leave the state's interest in the deposits in the defunct bank about $223,000 at the pres ent time , as ho had made no deposits there himself. lie says ho was reducing the deposit - posit there because ordinary business prudence and sagacity demaaded it , although under the law ho could not have been cen sured had ho increased it to $ 'iT > 0,000. Only Stiitu Depository. Ho said further that the Capital National Is the only state depository in the city at the present time , as none of the other hanks had as yet llled their bond , and he could not , therefore , make interest drawing deposits in any of the others. ' There wore slate funds , however , in the vaults of other banks of iho city of Lincoln , hut it is for safe keeping , lu'cause of the inadvlsahlllty of leaving so much money In the vaults of the treasurer's ofllee. The now law which became operative only two weeks ago is being severely censured because of the unfavorable light in which it has been placed by the development In this case. The treasurer expressed the belief that had the bank continued solvent and the legislature discovered that ho had with drawn a portion of the state funds from deposit , he would have been censured for that action. TrciiHiiror Iturtley's llond. It may bo interesting in this connection to print the bond of State Treasurer Hartley , which was approved by ( Jovernor Boyd .lamr nry 5 and ny Governor Crounso January lf > . The following are the bondsmen and the amounts for which they qualified : It will bo seen tlmt the failure of the Cap Ital National bank covers $ * r > 0,000. nnd Ills stated that some of the remaining bondsmen are not any too peed for the amount foi which tho.V have qualllled. S.-IJH i\cry : Dollar Will Ho Paid , Cashier Outcult assured ono of tlio heav lest deixsitors last night that every dollui would bo paid to depositors , notwithstand injf the fact that tlioy had $200.000 worth ol pujior that no ono else would take. Keellnj , against the bank oftlelals has run hlgt today , duo In a Rreut part to the fact Unit deposits were received m > until closing lime Saturday afternoon. It Is argued that the olllcors knew of the bank's condition then because of the fact that D. 12. Thompson v O > fho wns successful in getting himself se i cured by deed from Oulcalt for his farm and chattel mortgage for f2,600 on the per sonal property of > losher , loft the city Satur day. It Is also said that deposits wore re turned lo several dei > ositors late Saturday o veu Ing , Very Little Kninrn. Managers of Den's nnd Bradstreot' ' agencies say that tbo failure will not affect any local linns , although a number were de positor * tnere. Of the $023,000 of deposlis , 1225,000 wns slate money , 130,000 county money , { 200,000 state bunks and bunkers , while the balance was distributed amone Bovcral thousand people in the city. This afternoon Kxuminer ( irlfllth said that lie was unable to niako any statement of the condition of the bank , nnd could not maKc vuty Mllmato for several days yet. WORK OF THE LEGISLATURE Discussion in Joint Session of How Many Votes Must Bo Ilad to Elect DECIDED THAT A MAJORITY IS SUFFICIENT Senntnr CUrk Itntitrim to 111 * Sent In the Hiiiintfl llouio Decide * to A5k n Ho * count of Vote * nn Conntltu- tlnnnl Amendment . LINCOLN , Nob. , Jan. 23. [ Special to TUB Ilnn.J Immediately after the joint conven tion had been called to order this morning and the presence or absence of the members indicated by the roll call , Senator North In troduced a resolution to the effect that it was the sense of iho Joint convention that Inasmuch as there was some confusion In re gard to the law governing the election of a senator , that It bo the sense of the Joint con vention that In order to Insure the legality of the election of a Untied States senator that sixty-seven votes be required for a majority. Crane of Douglas raised the point of order that if the law makes sixty-seven votes necessary IJio resolution was unnecessary , and that If a less number could elect the law could not bo changed or set aside by a ( nero resolution. Casper of Butler was of the opinion that it would bo perfectly proper to adopt the resolution. The adoption of the resolution , ho said , would avoid all question as to the legality of the election. Senator Pope staled that the United States senate had , in several Instances , decided that it required a constitutional majority of both branches of the legislature to elect a United States senator , and In reply to a question from Porter of Morrlck , the senalor cited the contest cases against Warner Miller of Now York am' ' Trumbull of Illinois. Wiinted to Drier ( lie Mutter. Senator Moore wanted time to investigate the matter and claimed that no harm would bo done if the consideration of the resolution went over for one day. and made a motion to that effect. This gave Church Howe an opportunity to make a vigorous suggestion. Ho was op posed to the procedure contemplated by the motion of Senator Moore , and wanted the matter settled theu and there. The mem bers of the Joint convention , ho said , wore not afraid to meet the issue like men. The majority ruled. Senalor Everett was not only opposed to deferring the matter , but ho was equally op- iwsed to the adoption of the resolution. It seemed to him that the law was so plain that it could not bo misunderstood. If the joint convention sot Itself up as a body to construe the constitution of the United States on so important u matter it would soon make Nebraska the laughing stock of ho entire nation. Senalor Ciraham puggcsted lhat if the law ays that u majority of those present at the oint convention may elect it was certainly mpropcr for the joint convention to make ny other ruling. Senator Moore still insisted upon his mo- ion to defer , but the convention by a vote f 0i ; to 110 voted not to defer the matter. Only n .Majority ICeitulrvd. Then the discussion was resumed with nero animation than over. Senator Tofft irought to the clerk's desk a copy of the onstitution of the United States and re- liieslcd that the provision relating to the ilection of United States senators be read. \fter the clerk had done so the senator from } ass asserted with a great show of confl- dcneo that the provision of the statute -just cad was so plain that there was no excuse 'or the further consideration of the resolu tion. ' Porter again took the door. lie assumed .hat none of the gentlemen were discussing , ho matter from the standpoint of politics. Ho was pertain that . .hoyas not. . Ho felt certain that it was of as much advantage to the independents lo decide that thirty-live ncmbcrs should elect as that slsty-soven should bo required. The lieutenant governor then read from the report of the committee on privileges uul elections in the contest case against Warner Miller in New York and expressed .t as his judgment that it required but a Majority of the Joint convention to elect. CJoss of Douglas moved that the entire nutter bo referred to a committee of three , who should report upon the matter at the : ioxt meeting of the Joint convention. Indellnltely rontponed. Elder raised the point of order that a notion to defer hud been voted down only a few moments previously. The point of order wns sustained and the resolution indefinitely : x > stponcd. Povter of Merrick then raised another luestion. He wanted to know if , under thn opinion of the chair , the minority could pro tect Itself by refraining from voting. Wat son referred him to the ruling of Tom Ueed , and Porter retorted that it was for the pur pose of getting a ruling from the chair on that Infernal precedent that he made his lnt of order. Senator Dysart regarded the whole mat ter as a sort of "now you see It , now you don't hocus pocus , " and ho wanted the mat ter dropped. Speaking upon the qucstlon.of information raised by Porter , McKesson declared that in his opinion the chair could not be asked to make u ruling on a hypothetical question , and the chair agreed with him. Stevens then moved a recess until 3:00 : , but the chair decided the motion out of order for tho. reason that the roll call had been ordered. Barry appealed from the de cision of the chair , and the chair reversed himself under protest. The motion to take a recess was then put amV overwhelmingly defeated. Outcome of the Ilnllot , The roll call for United Slates senator was then ordered , and resulted : The absenlees were Brown , Collon , Camp- hell. Farrell. Higgins , Kloke. Keckley , Lulk- art , McVoy , Nubon , Hlloy , Wilson and With- ncll. ncll.Those Those present who wore paired with the absentees were Ames , Fcllon , Grlflith , Huhn , Johnson of York , Johnson of Clay , Jenkins , Ixiueck , Hhoilcs , Ulcketls , Huggles , Schap- pel , Scott. The following were the changes from Sat urday : Babcock , from Morton to Boyd ; Bums , from Moore lo Howe ; Goss of Doug las from C. J. Greene to Paddock ; Halo , from Kelper to Dr. George L. Miller ; Nelson , from Kolper to Bryan ; Oakley , from Thurs ton to Paddock ; Sutton , from Thurston lo Judge W. W. Koysor ; Van Housen from Thompson to Kelper. Senalor Clarke voted for Judge Maxwell , Sinclair voted for Bryan and Spencer for Howo. IN TIIIKINATK. : . Scimtnr Clurko Upturns to IIU Sent-1'uvor- liiK I'rro Mlvor. lo TIIR BEE. ] After his prolonged absence on account of sickness , Senator Clurko of Omaha wns once moro nt his desk when the senate was called lo order this morning. The fact wns noticed by Chaplain Johnson , who thanked God "That Senator Clurko hud been restored to. health. " The reading of the Journal was suspended long enough to permit the senate to listen tea a message from the clerk of the house bring ing the intelligence that that body hud passed the legislative appropriation bill , nnd that It hud also passed u concurrent resolu tion memorializing congress to make nil post- oniecs postal savings banks , The further reading of the Journal was then dispensed with and the business of the day commenced. Senator McDonald presented a resolution passed by the Knox County Farmers insti tute , asking for the enactment of laws to prevent the adulteration of food , Ai"lnst Stopping Silver Purclmiici. Senator Dale offered the following resolu tionHcsolvcd Hcsolvcd , the senate of Nebraska , the liousu concurrlnff. That Iho renw cntMlvp In con- KroHn from HIP ftevurul ilUtrlct * In IhH utalr. . bo n' < iui' tc < lnnd Ilio Hcimton representing thn Htntoof Nebraska In tliesenM of tliu rutted HtnU'H no liHtriietuil toonposo by their votes nnd to USD all honorable menus to urevent the repenlof the net of.luly 14 , 1800 , requiring the purelmso of D 1,000.000 ounces of silver a year nnd the ISNUC of legal tender notes redeemable Inroln therefor , without tliu mihstltutton nt the numo tlmo and In the sumo net of H provis ion restoring to the peoploof thol'nlted States the constitutional xtnmhird of cold and sliver undur conditions of free bimetallic colmiKi' , nn the name exlMed prior to the act of 187,1 ; and t lint copies of this resolution bo forwarded to each of thn representatives nnd senators from 'lilsHtiito In the l-'Ifty-Hccond congress , and ilso to the members elected to ttcrvo In the 'Ifty-tlilrd congress. The resolution wns read the first time and ) usscd to second reading under the rules , The following bills were Introduced nnd cad for the llrst time : By Graham , to mend section fi023 of chapter 1 of the consol- ilaleO statutes ; by Pope , to amend section of chapter xl of the session laws of 188U ; ly Pope , for the relief of the supreme court ; i.V MeCarty , to provide for Iho examination f the ofllco of county treasurers ; by Eggle- iton , to amend the stalutes relative lo In- itriimcnls negollnblo ; by Steward , lo pro- I'ldo u bounty for the destruction of wild nlmals ; by Clarice , lo reward Iho discoverer f crude petroleum in Nebraska ; by D.ile , lo irovont the giving or receiving of free trans rtation over railroads In Nebraska. t Is the bill providing for the payment of he salaries of members and employes of the eglsluture. Senate rolls No. 03 to No. 711 Inclusive were cud for the second time , after which the : onalo took a recess for thirty minutes , 'pon reassembling the senate adjourned to go Into joint convention. After the Joint onventlon an adjournment was taken until ' 0 oelock tomorrow morning. IX THE IIOU.SK. Illl for n llrr.-iiiviiss of tlio Vote I'HTorably Votrd I'pon ' lloutlno Work. LINCOLNNeb. . , Jan. 23. [ Special Tele gram to Tun BCB. ] In the house this morn- ug , after eighty-seven members answered rollcull , the following were appointed a com mittee to employ experts to Investigate the books of state oflleers : Fcllon , Rhodes and Casper. On motion of Johnson the house went Into committee of the whole , with Oakley in the chair , to consider house roll 112 , providing for the recount of the votes cast for the con stitutional amendments at Iho lust , general election. Jensen spoke urgently In favor of the bill and u general discussion followed. Horst believed that a recount would result n the discovery of 100.000 votes. McKesson favored a roeanvassof the votes > y county boards in order to save the time of the legislature. Stevens created something of a stir by remarking marking that the fact that the bill came from the republican side of the house was an evidence of fraud. Jensen Hushed angrily , but contented him self by saying : "I have no remarks to make in answer to the gentleman. " Then ex-Speaker Elder poured oil on the troubled waters by sta'tim ? that in his opinion Slovens was off his base. Barry deprecated the personal turn the discussion hud taken and then Porter clinched the matter by saying that it would bo cheaper to have Iho voles recounted than to have the amendments resubmitted to the people. The committee then arose and , on motion of Krusc , the report of the committee to tlio effect that the bill bo engrossed for passage was adopted. I > lHuiitt.slii | ; Adjournment. Barry staled that owing to the absence of many members it would bo only fair to all parties to take an adjournment until 10 o'clock tomorrow. Oakley raised the point of order that the motion was not in order , us it would be necessary to take a ballot on United States senator. Barry claimed that ho was influenced solely by a desire to bo fair , and that the absence of several , members , of each party made it advisable to adjourn. Sodormun and Sheridan seconded the mo tion , - ' . . - . . . it * Howe nnd Cornish supported Oakley , and Porter , who was in the chair , sustained the point. ' "What if the call should show no quorum ? " asked Barry , who was still light ing."Then "Then the vote for senator could not be taken , " answered the chair. 'How about a call of the house and orderIng - Ing the sciveant-at-urms to bring in the members ? " suggested Howe. The chair said ho know of nothing under the Joint rules that provided for a call of the house and Howe fainted. ' Speaker Gaflln resumed the ctiulr nnd Barry determined to try It over again , for as soon as Sutcr moved u recess until 11:50 : ho amended with a motion to adjourn. Horst raised a point of order on the sena torial ballot , while Hhodes raised the point that no intervening business had been transacted since the prior consideration of the mutter. Between the two , the chair ruled Barry out of order , and the house took a recess. After Joint Sesfllon. At the afternoon session of the house , res olutions were Introduced by Elder requiring the state house Janitor to clean the snow and ice from the walks so that it would not bo necessary to trample down the grass. It was carried , after which bills were in troduced and read the ttrst time as follows : By Lockner , to regulate tlio size and shape of common brick to bo used in the construc tion of buildings In Nebraska ; by Elder , to amend the statutes pertaining the granting of franchises to slreot railways ; by Goss of Douglas , to provide u uniform method for admission to the bar ; by Krlek , to prevent swindling by procuring the signatures of re sponsible persons to instruments in writing : by ICeckloy , providing for tlio ditching and draining of swamplands ; by Elder , making it unlawful for any railroad company to pass or curry free any person In the slalo of Nebraska except their own officers or employes , and making It un lawful for any ono to accept such favors under a penalty for each party so giving or accepting , of a line not exceeding $ . " > 00 ; by Hhodes , amending the law on bribery so so that the interested party llrst exposing the same to the proper authority shall be released from criminal liability therefor ; two bills by Oakley relating to the matricu lation and tuition fees at the State univer sity.After After several bills had been lead the second end time the house ut 3:45 : adjourned until to morrow at 10 o'clock. SOMI : iMtorosun LAWS. Contents nnil Intentions of a I'mv of tlio 1IIIU Now I'emllni ; . LINCOLNNob. . , Jan. 23. [ Special to TUB BKI : . ] Quito a number of bills have already been introduced to amend the laws relating lo revenue and taxation , and it Is moro than probable that many more yet re main to bo brought up. The first one Is by Church Howe and Is intended to prevent the undervaluation of property by assessors and the State Board of Equaliza tion. It provides that any assessor who pur posely assesses real or personal property at less than its cash vuluo shall bo deemed guilty of u misdemeanor and shall be Hubla to u line in addition to damages to bo col lected by the slate , county or local corpora tion. It Is nlso made the duty of the Stale Hoard of Eqnullzutlon to assess all railroad and telegraph property at Its cash value , Uopresenlutivo Diekerson has borrowed an idea from the Ohio cede and incorporated it in house roll No. 88. It provides that every person or company claiming to have funds Invested in United States bonds must exhibit thorn to the assessor , who shall make a record of the number , value , denomination , oto. Also thnt every person holding promissory notes , mortgages or other evidence of credit , must exhibit the same to the assessor , who Is required to stamp the same with u 'stamp provided for the purpose , and any such evi dence of credit shall be noiiTncgotiablo.paper under the law. .In addition , every person who fails to exhibit notes , mortgages , etc. , to the assessor shall be deemed guilty of per jury nnd punishable as provided by law. To Asslit the Niiirf < mo Court , Representative Van Housen has Intro duced a bill , officially known as liouso roll i\o , 22 , which provides for the upjiolntmcnt of three commissioners of the supreme court. The intent of the bill Is to relieve the supreme - ' premo court of n largo amount of the work which now encumbers the docket and to facilitate the transaction of the business of the court. Three commissioners are provided for , all to bo appointed by the supreme court , all to servo t/Muar ) ) / * nnd to draw the name salaries ns arc- mud to the Justices of the supreme court. < JVneV are to ho provided with suitable rooms nt the state capitol and to them will bo referred such cases as the supreme court tnayrileeni proiwr , providing that In all cases' ' submitted n written request must llrstbu. . tiled with the supreme court by the parties to the suit. The commissioners 'will' carefully consider the cases assigned Jo-.them , make brief and concise statements.jf. ( , all the facts In the case and of the points nnd citations.of authorities of counsel'ahd nlso file a written opinion ns lo the proper determination of the case. This opinion shall bo signed by the commissioner by , .w.hom It Is prepared , ami , shall also sliow.yvhother the other com missioners concur or. dissent , The supreme court may then adopi' til o report of the com missioners with sucli changes or modlllco- tions.ns may seem proper. To Amend thn llnllot Luw. Hepreseiitnlivo Heal of Custer county has introduced n bill , house roll No. 8 , intended lo facilitate the casting of votes at general or special elections in this state. After describing the form of ballot fo bo used , which , In general , Is the same as used under the present system. Mr , Beal adds a pro vision that the candidates of all parties participating In the election shall be printed In columns by themselves with a distinct line between. The name of the party shall ho printed at the top of each column , and any voter "desiring to vote th straight ticket may place a cross murk op posilc Iho designation of the party at the top of Iho colunn. It Is made Iho duty of the Judges nnd clerks of election to count all the candidates under the heading marked In this manner. Or , If the voter does not desire to vote for all of his party candidates , ho may nlaco u mark afler the name of the party at the top of the column nnd also a mark after such candidates in any of the other columns , and n ballot so marked shall bo counted as cast for all candidates SII named under the party appellation except IIu lo such candidates marked in other col umns , The law Is based upon a simtlur pro vision In the lown law , nnd If passed will greatly facilitate the counting of votes ns well as promoting the independence of the voter. Against th Kmploymunt of I'lnliertoiiB. Another measure which has been culled to the attention and consideration of the pres ent session is one introduced By Representa tive Irwin prohibiting the employment of "Pinkertons" within the boundaries of Iho slnlo. Ills bill provides that any and all persons not authorized by the state . or federal government shall bo prohibited from exorcising special or private police powers. It Is made the duty of the sheriff of a county , or mayor of a city , to quell anv disturbance by the employment of deputies selected from the electors of the state. Any person , corpora tion or association is ; prohibited from em ploying special or private police and any violation of the law will subject such parties to imprisonment for a 'period of not less than two or moro than llvo years and for each sub sequent offense to Imprisonment for a period of not less than live years or moro than ten years , I'or n Constitutional Convention. Representative Sodcrmunhns Introduced a Joint resolution lo provide for submitting to the people of the stale the question of call ing a constitutional convention to amend , re vise or change the constitution. The reso lution provides tlr.U-af the general election to bo held In Nobraslcn.-.in ISO ! the question of calling the convention shall bo submitted. Provision is made for flip usual notice and proclamation. ' Another bill which' Contemplates a whole sale revision of the'tows of the state has been introduced by Representative Lulkurt. Ho provides for theappointment of a com mission of three district Judges to re vise or prepare a' ' 'political , civil and criminal cede uiliV thoroughly revise and codify the laws 6f the state. The com missioners shall bo ( district Judges at the time of their appointment nnd shall have been practicing attorneys for ut lenst llftcen years before their election to the bench. When their labors nra completed the now cede shall bo printed for the use of the . .legisiatiuw.- . shall llrst , however , be isubnaltted to the supreme court who.s\iol \ ) examine the several laws and suggest sueh modifications or amendments us may btfrequTfed by the con stitution. The commissioners will receive a 1 salary of $15 per day whlla their work is in progress and they shall have the power to iipiroint a stenographer nt n salary of $5 per day. The new cede must bo ready for the printer on August 1 , 1895 , 1,1st of Changes of1 Importance In the Regular Service Yoaturdny. WASHINGTON , D. C.Jan. 23. [ Special Tolo- grnm to TUB BEE. ] The folio wing army or ders were issued today : Boards of army ofticers for the examina tion of officers to determine their Illness for promotion are dissolved , viz : Fort Me- Pherson , Ga. ; Fort Grant , Ariz. ; Fort Nio- bruru , Neb. Leuvo of absence for two months , to take effect after his return to Detroit , Mich. , is granted Major William Ludlow , corps of engineers. 9 Divorce Court Scandal. YANKTON , S. D. , Jan. 23. [ Special Tele gram to THE BEE. ] Thomas C. Davenport , the well known extPhlladclphla produce dealer , who Is In South Dakota for the pur pose of obtaining a divorce and who has a son , J. Davenport , In business in Omaha , re ! cently returned from a visit cast. Mrs. Fish , the woman with whom ho loft homo , and whom ho palmed off In this city as the gov JJ erness of his daughter , has loft Yankton and so has the daughter , and it is supposed they are now in Now York. Mr , Davenport is at present actively engaged in selling Soulh lld Dakota farm lands In the east and has found u wide acquaintance among Yankton busi llj [ ness men. His son Job was here a month j ago and enlisted the help of the local police in hunting up evidence against his fattier to compel him to treat Mrs. Davenport Justly in the mutter of alimony. Job says his father is a bad man and that his mother Is iSo cripple because of : fracture to her ankle received while she was engaged in breaking the furniture in Davenport's Philadelphia ofllco before ho loft there with i Mrs. Fish. The 15-year-old daughter , who went with the father , Is said to bo tired of her bargain nnd desirous of going homo. The father is prosecuting the suit for divorce and IS to defy his indignant relatives. LOV.lf , HUKI'IHKS. Jumes Ish , for two years past an operator In the 11 ro and police telephone exchange , resigned lust night. Two minor building permits , aggrcguUng $225 wore issued yesterday from the olllco of the building inspector. John Williams , u ICansus colored man , wns arrested last night vrnuo trying to sell u solid silver vase and , < p .flow Prlnco Albert coat. The properly is supposed to have been stolen. . - . Dotcctlvo Vizard ? ecircd a lady's gold watch yesterday , which- was stolen from Mrs. Parker at Twenfcletluand Izard streets , about four months /ag i The watch was valued at 50. IH * > M i Michael Wallenz ban' fllod notice of nn ap peal in the district cbnrOfrom the decision of the Board of Fire and Police commissioners in refusing him a license t0 sell liquor at 1318 Lcuvenworth street. ' During the llrst IB ( lara of 1893 the dotec. lives recovered stole'property : ! ! ' amounting in value to over $1loft ; and miido forty-nine arrests , of which all buUslx were either con victed or bound over to the district court. Upon the order of tlfo county attorney the property stolen from "KcKnedey's grocery at 4101 North Twenty-eighth avenue by the McGuire gang was turned over to the owner yesterday. "Cud" McGuire has agreed to plead guilty to grand Juroony ut the next term of court. Complaints were nTed yesterday against John and Thomas Hill for promoting a lot tery. These are the tyvo men who were arrested some days ago for working the Brakcraan Murray racket , . Tl\o \ police have found twenty-seven of the tickets which they hud sold around town and complaint will bo filed In several of the cases , The first case Is set for trial today. Dr. W. M. Edwards , the man who raised a rumpus In the Creighton block the other night , was arrested Sunday night fora repeti tion of the offense. Ho went Into Dr. Put nam's ofllco about 8 o'clock and threatened to kill the physician with a murderous look ing bowlo knffo which ho drew from his belt. When arrested two eight-Inch bowlo knives were found eoucoaled about his person. Ho wns fined iO and costs yostcu-Uuy morning for carrying concealed weapon * . GETTING MORE COMPLICATED Affaire in Kansas Becoming Decidedly Mixed as Time Passes. PLENTY OF CANDIDATES FOR SENATOR 1'optilUt.t Undecided ait In Whnt ConrKc to 1'iirmie JosepliV. . Ally Nominated by the Republican CHUCK * on the Third llullot Taken. TOPEKA , ICan. , Jan. 23. Although the vari ous branches of the Kansas legislature will ballot separately tomorrow for senator , no candidates have up to this hour ( H p. in ) been decided upon by the three parties. The jiopullsts went into caucus at 8 o'clock. They have lo decide llrst whether they will nominate a middle-of-the-road i > op- ullsl or a dom'ocrjit , and then to select from the various candidates the nominee. There is no telling what they may do. John Martin of Topuka is tiio only democrat toward whom tliu populists seem well disposed. Having unseated eight re publicans they have a majority of all the members of the populist house , and the sen ate can elect a populist if it want to. They believe , however , a democrat with populist tendencies would bo moro likely to receive recognition by the federal senate in the event of the republicans electing a man and sending him to Washington with cre dentials , Among the stalwart populist can didates are Judge Frank D' Osier , John F. Willels and Dr. MoLallln , editor of the Alli ance Advocate. Watching tlin Popullstn. ' To checkmate this move by the populists the republicans have alwut decided to throw Miclr strength to a stalwart democrat as against John Martin , who represents the fusion whig of thedcmoeiacy. The sixty- four republican members of the lower house , with the republican senators and llvo demo crats , make a majority of both houses in Joint session , and could elect a senator if they can Ifx upon a man. So many stalwart democrats , however , have their rods up for senatorial lightning that it would bo a dinicult matter lo concentrate upon one man. Balloy P. Watrgcner , of Atchison , Edward Carroll of Leaven- worth , A. A. Harris of Fort Seolt and Henry Watkins of Lawrence1 are some of the demo crats who hope to bo sent to the senate by the republicans. The republicans , however , will take no dollnlto action until they learn what course the populists intend to pursue. The republican friends of Senator Perkins are at work to prevent any.election by the republican house in the hope that the iwpu list house will bo declared to bo Illegal and that Iho federal semilc will do--lino to recog nize their senator , thus allowing Senator Perkins to retain his seat and till out .tho uu- cxpired portion of the term of the Into Senator Plumb. , loHephV. . Ally Nominated , The republicans nominated Joseph W. Ally for United Slates senalor tonight on the third ballot , the vote standing : Ady , 43 ; Perkins , US ; Lucien Baker , 4. Ono re publican , A. C. Sherman of Shawnee county , has announced that ho will not vote for Adv , but that his ballot will by cast for either Senator Perkins or Mayor E. N. Merrill. APTKIl Itl.AC'K Illl , I , S UATTMSMHN. South Dakota I.eclilators Determined to Usually Divide Taxation. PiuitiiB , S. D. , Jan. 23. [ Special Tele gram to THE BBK. ] The senate was in session today and little of Importance tran spired. Senator Thornby of Custer , who has shown a disposition to got after Iho cat tlemen of the Black Hills called up a bill to annex XlobaOh county to Pennlngton , Meade anfl'Custcr'colinty : ' Ho claims that the big cattlemen who live In Deadwood , Rapid City and other towns and who graze their great herds largely ' in the three last named coun ties , and really partake of all the benefits of their courts schools and other results of organisation escape paying taxes by erecting u small cabin in the unorganized lands across the river and claiming those cabins as their homes. Thus they pay on their immense possessions only the stale tax of 2 mills , while residents of the counties whoso privi leges they enjoy pay 30 mills. Mr. Dollard interposed the constitutional objection that no county lines can bo changed except after a vote of the people. A joint resolution passed the senate for a memorial to congress , praying that veterans bo given preference in public employment , and against the repeal of pension laws ; also praying that the lands of the Sioux reserva tion be given to settlement under the homestead - stead law without the payment of $1.25 per aero. aero.A proposition to compel railroads to build viaducts in towns of over 5,000 was killed. Dollard's bill outlawing in ton years , Judg ments held by citizens of other states passed , as did Kennedy's bill providing for a recount of ballots in ease of u tie and Burtt's bill that appeals taken by public officers shall rank on calendars immediately after crimi nal cases. WISCONSIN'S SKNATOIUAI , FIGHT. llrucg anil Mitchrll M n Work Llku Trojuim for Their Fiivorlte. MILWAUKEE , \Vis. , Jan. 23. Not in many years has there been so much Interest taken in the election of a Uniled States senator for Wisconsin as is manifested at the present time. From many parts of the state reports come of growing sentiment in favor of the election of General Bragg , and members from some localities who had given their support in the caucus last week to other candidates have been sharply criticised by their constituents and every possible effort has been made to drum them into the Bragg column. In Milwaukee the demo cratic powers are equally active in the in terest of Congressman Mitchell's candidacy , and there has been practically no end to the hustling done today In his behalf. So great Is the Interest felt here , and so persistently uro Mr. Mitchell's supporters working for his interests to secure all Influence possible , that they secured an adjournment of the common council this afternoon , all the demo cratic members of which went to Madison in a body to work in Mr. Mitchell's interest. Nearly every democratic politician of the city is in Madison tonight. It will likely bo near midnight when balloting in the joint caucus will begin and an exciting scene Is expected , Anxious About Montiiim New YOIIK , Jan. 2 ; ) . An evening paper says : Senator Arthur P. Gorman of Mary land , chairman of the democititle steering committee of the senate , had a conference today with Hon. WC. . Whitney on the situ alien in Montana. There is trouble among the democrats In that state. Senator Gor man Is confident that the democrats will or ganize the senate whether the troubles in Montana are settled or not , but ho wants the state just the same. It was thought nt one tlmo that the matter was settled , hut it has broken out again alnco the legislature mot. Senator Gorman and Mr. Whitney will coinmunlu'ito with the party leaders In Mon tana and if the troubles there cannot bo set tled by correspondence , some ono may bo sent out there to see if the factions within the party cannot bo unitc'd. No Choice a * Vol. BISMAKCK , N. D. , Jan. 23. Two ballols for senator wore taken today without change , except Muir , jwpullst , received thirty-six votes , democrats and populists combining on him. him.HRUJXA HRUJXA , Mont. , Jan. S3. The ballot for United Slates senator today resulted : San ders , 27 ; Clark , IB ; Dixon , 11 ; Collins. S. No choice. OIAMI-IA , Wash. , Jan. 23. Two ballots were taken today for United States senator without result. The vote stood : Allen , 51 Turner , 25 ; Grigss,20 ; Louts , II. Their Appointments Amnrcd. SruixariBU ) , 111. , Jan. 23. It is practical ! } settled that U. I. Alien of Chicago will bo warden of the Jollet penitentiary , and J. D. Baker of Lubauon of the Chester penitoii tlary. l.ouii Hill. TorEKi , ICan. , Jan. 23. The senate held a iccret session this afternoon. The fonturo if the day was the Introduction by Sonutor Jenntson of Governor U'welllng's land loan Jill. It provides for a land loan commission f three members to loan the state school notiov at f > per cent on farm property In otintios which have been organl/.ed for tno ears , and on town property In townsoreltles af over l.fiOO Inhabitants. The county com- nlssloncrs In each county are made an exam- nlng hoard lo pass upon the advisability > f loaning money on nny property In their ounty. Resolutions on the deatli of ox-Senator 'lumb were adopted by a standing vote. No CiKmn of Action. CIIBTEN-SK , Wyo. , Jan. 23. [ Special Tele gram to Tun UBR. ] Thn legislative proceed- ngs today wens very tame in both houses , ho only thing of Interest transpiring being ho demand of Colwollof Lnramlo for the re- ort of the election committee. The com- nllleo finally reported that there was no 'iinso ' of action and recommended that the ontest against llvo of the Lnramlo county lelegatlon bo dropped , which was adopted. WHY SCOTT IS IN JAIL. In Went on a iliitnbnren with the I'muM of a Dead Woman , Last night Sergeant Ha/.o of the dolecllvo 'oreo arrested Theodore Scott , a brother or ho notorious safe blower , who recently died n the Kansas penitentiary. Scott was booked for grand larceny ami locked up. The police claim that Scott was a member if the Murray gang of safe blowers which vas broken up hero last spring. For some .line past ho has been putting up with a col- ) red woman named Victoria Howell , who Ivedat 1103 Chicago street. The woman , , vho has been known to the police for years is "Mother Vie , " was a well known fence md generally disposed of the plunder of the Slurray gang , besides sheltering them when 'n the city. About two weeks ago "Mother Vlo" was : aken sick and removed to St. Joseph hos ital. Before going , however , she doiKislted M50 in the First National bank and took a ccrlillcato of deposit in favor of a brother In Missouri , in case she died. She also gave to i Mrs. McNoul , a neighbor , a small buck skin bag containing Jewelery worth about. 00. 00.A A day or so ago the woman died , and was aken to the morgue. The money in he bank could not bo drawn upon o pay her funeral expenses , and Coroner Maul asked Scott if ho could not also enough money to pay for the woman's "imeral. This the prisoner promised to do. ilo wont to Mrs. McNenl and claimed that the coroner hud sent him for the Jewelry , ( presenting that the contents of the buck skin sack would bo returned when the irothcr In the south arrived and paid Iho ) ill. Upon this representation Mrs. McNenl .urneil the Jewels over to Scott. Then the .rouble commenced. Scott puwiied the ewelry and turned himself loose to paint the town. The matter came to the attention of the wlieo and as a natural consequence Scott ww counts the burs of his cell door Instead ) f counting a stuck of chips In some gambling liouso. The woman will bo buried today in Forest Lawn cemetery. TllKY . ' . ' ' ll.lll I'.ll'J'lt. Sixteen People Ilitptl/nd In the I'ree/.lnfj U'aterx of tbti Illi ; ICIver , Missouri. Bo.s.vi : Tunun , Mo. , Jan. 23. At 3 o'clock .his afternoon a Dig crowd of people asscm- iled literally on the surface of the Big river , two miles from here , to witness the novel spectacle of the baptism of sixteen persona under the ice. The ice was about eight nches thick and covered the stream from junk to bunk , and as far as could bo seen up ind down the stream. AH opening of sufll- cient size was cut In the Ice and the pastor standing midway to Ills waist in the freezing water , "burled" the candidates for baptism , ono by one , using the ritualistic form with uch Individual until sixteen had been im mersed. The ceremony occupied half an hour , during all of which the minister was in the icy stream. As the candidates rose from the watorthoy were each in turn taken in charge liy friends and hurried to n neighboring dwelling , whore , nfier a change of clothing , they inudo thefr return to town , practicable without serious risk to health. lXV.l\HKSVRiT LA MI'S. Claims of'the llencon Lump Company He- Kurdln ; ; Their Invention. BOSTON , Mass. , Jan. 23. In the United States circuit court today , in the case of the Edison Electric Lighting company , to re strain the Beacon Lamp company of this city from manufacturing incandescent lumps , alleged to infringe on Mr. Edison's palcnt , the Beacon company filed about thirty nfllduvits alleging lhat tno incandescent lump was not Invented by Mr. Edison In 1879. as has been alleged , but by a Gcrman-'Amorl- oan named Henry Gobol. The affidavits show that Mr. Gobel , after having experi mented for several years , finally devised somewhat earlier than 1800 substantially the form of Incandescent lamps now In use and on which Edison claims the patent. . The use of this lamp was necessarily limited by the fact that the dynamos had not been invented , but Mr. Gobel made many of these lamps for several years prior to Mr. Edison's alleged invention and used them moro or less con tinuously. y \r Ynrk'H Typhus Kpldemlc . NEW YOIIK , Jan. 23. Two now cases of typhus fovcr developed today. Ono death occurred at the hospital. i'An.ttiHAI'tta. Peter O'Brien is hero from Kearney. F. Bacon of Gothenburg Is In the city. Isaac Thompson of Kansas City is in the city. city.Mrs. Mrs. A. T. Doollttlo of Kearney Is in the city. city.J. J. Boone Dodge of the St. Louis Hepubllc is in Omaha , Mrs. Michael Cudahy arrived yesterday from Chicago. Thomas Sonogan , Jr. , of Chicago Is visiting George Mercer. F. S. Plutt , nil attorney from I'oultnoy , Vt. . Is in the city. Mr. nnd Mrs. W. S. Falrbrothcr of Lin- coin are In Iho city. J. E. Markel and Samuel Shears of the Lincoln hotel are In the city. Ilov. C. W. Snvidgo went east last night to visit Chicago and Now York to try to raise funds to purchase the First Baptist church property of this city. Ho expects to be gene ton days. At the Mercer : Byron Kingsbnry , A. Desjardlns , Chicago ; L. P. Cuiimame , St. Louis ; Solomon Blote.ky , Shelby , la. ; T. P. Brown. Grlswold ; Edward N. Nelflntr , M. A. KcUo.M. F. King , Lincoln ; G. 13. Hnydcn , Wallace ; P. S. Hall , C. F. Camlet , Mead ; L. N. Wllcox , Chicago. NEW YOIIK , Jan. 23. ( Special Telegram to Tun Bisiil Omaha : Is. Hlengcr , A. Slen- gcr , C. W. Thompson , St. Denis. Lincoln : T. A. Benttn , HoiTmnn. CmrAOo. 111. , Jan. 23. [ Special Telegram to Tun Bii ! . ] Nebraska arrivals ; Brovoort F M. Wood , Lincoln ; A. Boynton , Geneva. Grand Paclllc-J. B. Wcston , Beatrice ; F. Brown , Omaha. Great Northern II. Hock- Jell , Thomas II. Benton , Lincoln. Victoria W. A. Gardner and wlfo , Omaha ; F. T. Pusoy , Council Bluffs. Wellington O. C. ' /Celm'or and wlfo , Lincoln. Tremont J. A , Alexander , A. J. Jackson , C. M. Miller , Omaha. Sherman W. S. Drclstcr , Hol- drcge. XE\V \ METHOD OF SUICIDE Use a Nebraska Farmer Makes of Horse Miuliciuo , PECULIAR CASE AT RUSHVILLE Itmimrknbln Clrnnmtmicr * Surrounding ( ho Dititli of .llngiiiuTleiMvolil-Iiullcn * tlaiuTlint lie Took IIU Own l.llo Ollirr Nrbrnnkit NIMVU. HOWBU.S , Neb. , Jan. 2 ; ) . [ Special Tola- gram to Tin ; BKK. ] John Kratschville , re siding Ihreo miles west of this place , died hero this morning nt 10 o'clock from the effect of a dose of horse medicine taken with suicidal Intent. He had some trouble with his family yesterday and threatened lo kill his wlfo and children. Ills wlfo came to Justice Walker of llmvells this morning and swore out a warrant for his urtvsl A few minutes after his arrest he commenced to vomit and a physician was called , who worked with him till the time ho died , When asked what ho had taken he said hu wauled to die and had swallowed u handful of horse medicine in a cup of colToo , < : nuoMit'.s ; , HMIV rr/.xi.Kii. 'crullnr ' Clrciimstiinres Surrounding tliu Dentil of u VOIIIIK 1'iiriiitir. Ilfsitvil.i.n , Neb. , Jan. 23. ( Special Tele , gram to Tnr. Urn : . ] A mysterious case of supposed suicide developed hero during Iho past few days. A young Norwegian by the name of Magnus Tlensvold , living alone , was found dead in bed Friday llvo miles north west of town. A rope with n slip noose was suspended from a board placed across the scuttle hole In the kitchen and there was a low bench on the lloor nearly directly be neath the rope. A letter , evidently In the handwriting of the deceased , written In Scandinavian and addressed to a neighbor , was lying on the kitchen table. It requested the neighbor to care for the stock anil to not inform his people in Norway , as It would break his mother's heart. The post mortem hold today developed Iho fact that he .iul not die by hanging and no Indications . .f poisoning were found. The coroner's jur > returned a verdict of de.ith from causes im known. Viilnitblti llni'M'N l.imt. LixiXiTox : , Neb. , Jan. ' . ' ; ! . -Special ( Tele gram toT'in : Her. . ] A largo brooding stable belonging to Bert Ashmoro burned at 1 o'clock this morning. Five valuable horses were burned. The loss will bo about $ lUk ( ) . partly Insured. The newly organl/.ed lire companies did prompt and effective service in saving iho adjoining buildings. DodK" County Supervisor Oi--anl/p. ( FIIUMOXT , Neb. , Jan. $1. [ Special Tele gram lo Tin : 15ii : : . ] Today the county Judge , county treasurer and county cleric appointed Domlnlek Gannon to 1111 Iho vacancy In Iho board of supervisors. Ilia Iwnd was accepted , and ho asslsled in electing Joseph A. Klliott , chairman. o ii j'.tTiuit j-'uitM.isTS. Orders Kocelvril from Washington to Moist tlin Cold U'nvc I'lii- . WASIIIXIITOX , U. C. , Jan. ! SI.For Ne braska : Haiti or snow In eastern portion ; colder winds shifting to northwesterly. For Iowa : Snow ; colder ; southerly , shift ing lo northwesterly winds. For North and South Dakota : Snow ; cold wave ; winds shifting to northwesterly Local Itecoril. Omen orrun WUATIIKU IH'nnAr. OMAHA , Jan. 2i > . Omaha record of temperatura and rainfall compared with corresponding day of past four years : 1803. 1H92. 1801.1890 Maximum temperature. 3 ( > o 430 L'OO lao Minimum temperature. 203 243 10 = 4 = > Average temperature. . . ! HO 3451 ; > : > s 8 ° I'rcclpltatliui 00 .00 T .04 Statement showing the condition of tem perature and precipitation l Omaha for tlm day and since March 1 , 18U2. Normal temperature. . , 10o Kxei-ss for the day 15 ° Deficiency Hlncn March 1 332 = Normal precipitation 02 Inches Do.llelonoy for tbu day 02 Inclio.t Deficiency since March 1 3.55 Inchus GiXH'.ui : E. HUNTLocal Forecast Olllcial. Cold Wave Coming. OMAHA , Jan. 2.1 , ISM. The following telegram was received by the local ofllco of the Weather liurcau. WAHIIIXHION , D. C. , Jan. 23.Hoist storm nml cold wave signal ; tempo rat uro will fall twenty to twenty-live degrees by Tuesday night. AVER'S Olierry Pectoral Has no equal for the prompt relief nnd speedy euro of Colds , Coughs , Croup , Hoarseness , J oss of Voice , Preacher's Sere Throat , Asthma , Bronchitis , Lu Grippe , and other derangements of the throat and- lungs. The best-known cough-euro in the world , it is recommended by eminent physicians , and is the favor ite preparation with singe'rs , actors , preachers , and teachers. It soothes the inllamcd membrane , loosens the phlegm , stops coughing , and induces repose. taken for consumption , in its early stages , checks further progress of the disease , and oven in the later stages , It eases the distressing cough and promotes refreshing sleep. It is agreeable to the taste , needs but small doses , and docs not Interfere with digestion or nny of the regular organic functions. AH an emergency medicinr , every household - hold should be provided with Aycr'a Cherry Pectoral. "Having used Ayer's Cherry Pec toral in my family for many years , I cui confidently recommend it for all the complaints it is claimed to cure. Its sale Is increasing yearly with mo , and my customers think this prepa ration lias no equal as n cough-cure. " S. W. Parent , Quecnsbury , N. U. Glierry Pectoral Prepared liy Dr. J G Aver & Co , , Lowell , Mait. Bold l > y lllruKrlil ( 1'rlcejl , tli lottk > it& . Prompt to act , sure to euro HIRSCHBERG'S The Celc. bratud Din * inuiul and Non change' able Specta cles ami Kye Glasses for sale la Oin > aha by M AX AIKYKK & U O. CO.ONLY.