l L. THE OMAHA DAILY IJJ LV A'l 11DAY. ? MAY 25 , 1805. WILL HAVE ANOTHER SIEGE Hay-Abbott Controversy Will Not Be De termined for a Long Time. ADDITIONAL PETITIONS ARE FILED I'rrirnl Iiiriitnlirnt ot the Iloipltul Slnii- nRcmnnt llrclurci Ho Uus : ot Dlion n I'nlr Deal by the Governor. LINCOLN , May 24. ( Special. ) The pros- poet for an Immediate settlement of the Hay-Abbott controversy Is dubious. The l-Oi ( .uprcmo court adjourned today until Juno 18 , having tinder consideration the quo war- lanto case submitted by Attorney General Churchill. Today Attorneys Hollenback and Abbott , for Plaintiff Abbott , filed his answer to the answer of Dr. Hay to the pe tition of the attorney general. The answer generally and specifically denies the allega tions ot the answer of defendant , and urges that the right of the governor to remove for cause Is Inviolate. The answer of Dr. Hay to the petition of Dr. L J. Abbott Is entitled , "Tho state of Nebraska on the relation of Arthur S. Churchill , plaintiff , against John T. Hay , incumbent , and Luther J. Abbott , claimant , of the olllcc of superintendent of the Hos pital for the Insane , located at Lincoln , de fendants. " The respondent says that he Is a graduate of the medical department of the university of the city of New York , from which he \vas graduated In 1ST8 , and has ever since been a physician ot acknowledged ability. On Match 22 , 1893 , ho was appointed to the olllco of superintendent ot the hospital by Governor Crounse for the term of six years , to succeed ono Dr. Bowman , resigned. Since then he has diligently attended to the du ties of the office , which he > is entitled by law to hold until the first day ot April , 1899 , unless sooner removed from olllco by the governor for malfeasance or other good and sulllclcnt causo. Defendant further says that on February 27 , 18U.1 , the governor , Silas A. Holcomb , addressed defendant the following. "Permit me to Inform you that I have this day sent to the senate the name ot Dr L. J. Abbott of Fremont , whom I have ap pointed to succeed you March 10 , 1893. I hope that the date set for the change In the supcrlntcndcncy will be agreeable to jou " On March 9 the governor again wrote him "You arc hereby notified that for causes which to mo ere good and sufficient you arc hereby removed as superintendent from the Nebraska Hospital for the Insane at Lincoln , and that you are relieved from any further duty or authority as such superintendent on and after March 10. 1895. I beg to In form yon that Dr. Luther J. Abbott has been appointed as your successor , and qual ified for the position , and to request that you deliver to him possession of your ofllce when requested by him and all property con nected therewith " On March 11 the governor and Dr. Abbott visited thn hospital and made a personal de mand for possession of the Institution , and on or about that date the governor notified the Hoard of Public Lands and Buildings that he had removed defendant , also the state auditor , Eugene Moore , and Induced the latter to re- ftiso to pay defendant his salary. On April 20 the governor again requested defendant to Lv icalgn his ofllce and to Induce him to do so said that unpleasant charges would be pre ferred against him should he fall to do so , pnd gave defendant until April 22 to consider On April 22 defendant answered that he could not resign under Intimidation. Defendant was cited to appear before the governor on April 30 , at 2 p m. , to show caus > why he should not be removed from tfllce. He was subsequently furnished with coplus of the charges preferred against him Defendant filed copies of the charg's with the Hoard of Public Lands and Hulldlngs and requested a hearing thereon , but said board from consideration to the governor took no action therton. Defendant subsequently Hied with the governor a response to the citation and pleaded that the governor had no Juris diction to try the case , that defendant was en titled to an Impartial tribunal , and that th Ho.ird of Public Lands and Buildings was the proper tribunal to hear and determine the case. OVERRULED BY THU GOVERNOR. Notwithstanding such answer , Gov rnoi Holcomb overruled the objections and pro ceeded to examine defendant and witnesses for and against him. Finally the governoi found against defendant and again Informed him that he must vacate the hospital. Or May 18 the governor had removed Dr Abbotl and rcappolnted him to the superlntendency and Issued to him a new commission. Defendant avers that sild chargs have m < foundation In fact , are not signed by anj one , are not specific and were concocted bj Luther J. Abbott and were by fraud Imposet upon the governor In the hope thereby to ob > tain the removal of defendant , after It trans plrcd that the governor had not an arbitrary power to remove respondent at his more ills crHlon. Section S of the answer Is as follows "And respondent , as advised by counsel , a matter of law , avers said proceedings before Silas A. Holcomb , governor , are Insufficient to sustain ir b ? ground tor removal of de fendant , because , " 1. The governor had no power or Juris diction to hear the same or to make conclu slons and findings therecn. " 2. Because no olllcer or tribunal hai Jurisdiction therof save only the Board o Public Linda and Buildings of the state o Ncbraski , which Is the solo tribunal author Ized to hear the same. "J. Because the governor , having befor determined to remove defendant , was not Im partial or unbiased or competent to give re ppondent an Impartial hearing " 4. Because before the governor defend ant could not have prociss to coiipel attend once of witnesses. " 5 Because ex-parto affidavits were se cretly obtained or used as evidence on sali hearing without opportunity to defendant t confront or cross-examine witnesses. "C. Because evidence of records and re ports were considered at the hearing , whlcl were not disclosed to defendant or opportu nlty given him to examine , rebut or explali the same. " 7 Because the evidence taken U Insufll dent to sustain the findings mado. " 8. Because the charges and ex-parte afll davits were fraudulently concocted and ob talned and by said Luther J Abbott ImpW' ' upon the governor , who was thereby preju fllced and deceived to the Injury of defendanl " 9 , Because the findings made. If true , d not constitute malfeasance in otflce , or othe good and sufficient causa for removal of dc t.ndant. " 10. Because defendant was required t take the- burden of proof " Wherefore , defendant pray ? that he may b adjudged to have gocd title to the office ante to hold the same quietly , and that defendanl Luther J. Abbott , be ousted of all clad thereto , and that detcndant recover of an from said Abbott his costs. Annexed to this answer of defendant ar transcripts of the evidence In the Investlga tlon before Governor Holcomb ALL A HOAX. The n. & M. Journal contained a state ment to the effect that a youth represent ! ! ! himself to be working for The Boo callo on Dr. Hay Wednesday morning at th tsjlum and offered to sell for $100 Informatlo roncernlng an alleged attempt to capture th Institution by force. The absurdity of th ] bit of fiction renders a denial uncalled foi | Had The Bee man possessed such Informatlo It would have been utterly valueless to Di ' Hay , as must be obvious to the casual readei IlrniliK of Air * . Kllin K. WVrtz. FALLS CITY , Neb. . May 24. ( Special.- ) Hr . Eliza E. Wertz died last night at th % tome of her daughter , Mrs. John Tlmmermai iged CC ) iarJ. Funeral will bo held at tb residence of John Tlmmerman tomorrow i ! 30. Muioulo liKtnllatlon t Hasting * . HASTINGS. May 24 ( Special ) Los night a public Installation was held of th officer * of the Asylum Knights Templar e Masonic hall. The officers Installed wen Commander , 0. C. Rlttenhouso ; geuera Isslmo , E. J. IVnrl ; cnptnln general M L. McWhlnney , prelate. D , M. McKlhlnr.ry ; re corder , J. J. IHichaiinn ; treasurer , OrorRO Pratt ; junior warden , J. W. Houseman ; senior warden , r. J. Schaitfeb'rger , anord bearer , E. P , Ncllls ; standard bearer , J. P. Hller ; wnrdeii , C. A. Aiti ; guards , C. 1C. Law-son , J. C. Kuy and J. W. Hairt * . The Installing ofllcom were E. C Webster. 0. S. W. of NtbranUn , and Jacob Plsher. a. M FAIRMONT , Nth. , May 24. ( Special. ) At a regular annual "lection of officers of Mount Morlah chapter , Kastcrn Star , held U t night Mrs , D. A. Phillips was elected worthy ma tron ; A. W. Loomls , worthy patron ; Mrs , G. C. MillieJ. ! associate matron ; Mrs. S. Sawyer , secretary ; Mrs. A. F. Ashley , treasurer ; Mrs. A. W. Loomls , conductor ; Mrs. V. A. Stuart , assistant condurtiess. Climatic changes do not effect the perfect keeping properties of Dr. Price's Baking Pow der. coMrxriui'ii nnii.L AT j.ixrur.\ llvont of IntorrU In the State Military Clrrlr * . LINCOLN. May 21. ( Special ) Tomoi row afternoon the annual competitive drills of the State university battalion will be held at the M Street park. The companies will first be Inspected at the armory at 2 p. m. and then marched to the grounds. Judges will be Lieutenants Penn and Bookmlller ot Omaha , who will select the third judge. After the company drill will occur the Individual com petitive drill Each ot the companies held an Individual drill this evening , and four men from each company will participate to morrow in the competition. A dress parade and publication of results will close the pro gram. Monday afternoon there will bo a dress parade and presentation of prizes by ladles of the faculty The drills will be witnessed by the governor and his staff. Company A will be In command of Captain Weeks , company B , Captain Elliott ; company D , Captain Cheney. Owing to Illness of Captain Beardsley , Lieutenant Elliott will command company C The winning company has the flag and the Omaha cup for the coming year. A handsome sword and belt will be presented to the captain of the company having the largest percentage for attendance during the past year. In the Individual competition gold and silver medals are the prizes. The senate chamber Is being put In order for the use next week of the Grand Chapter P. E. 0 , which convenes In Lincoln Monday. On the evening of that day Lincoln chapter will give an Informal reception to the dele gate at the home of Mrs. Rlsser. Tuesday evening the convention will open In regular session and an open session will be held In the senatu chamber , to which both lady and gentlemen friends of the P. E. Os. are1 in vited Thursday morning the sisterhood will meet for final business and memorial service at 11 o'clock , will clo o the convention. Today Deputy Sheriff Hoxle levied upon a im-nber of rolls of paper stored In the Lin coln Transfer company's warehouse , supposed to be the property of the Lincoln Call. The levy was made at the Instance ot J. A. Finch , formerly an advertising man for the paper , and who had obtained a Judgment for $43 on the firm The circulation man to'd ' Hoxlo that there was not enough piper In the shop to get out another Issue , but the deputy sheriff > was obdurate and paid no hefd to the plea The Call appeared on the streets this evening as usual. SIATU MiiIOAI , HUCIIU'V ADJOUKNS Interesting Concliitlon to the Annual COM- \ontlnn lit Grnmt Inliind. GRAND ISLAND , May 24. ( Special ) The Nebraska State Medical society closed Its twenty-seventh annual meeting last night with a banquet at the Palmer house. Yes terday the program as prepared was some what changed , The election of officers was hold In the morning , with the following result sult- President , Dr. J. E. Somnrs , Jr. , Omaha ; vice president , Dr. R. C. McDonald , Fremont ; becond vice president , Dr. A. B. Anderson , Pawnee City ; recording secretary , Dr. George Wilkinson , Omaha ; corresponding secretary , Dr. W. R. Lavender , Omaha ; treasurer , Dr. W. M. Knapp , Lincoln. The city of Fremont was selected as the place for holding the next annual meeting. Yesterday afternoon the visitors weie shown about the city In carriages , taken to the sugar factory , Soldiers' Homo and other points of Interest. Last night an elegant banquet was held at the Palmer. Dr. W. B. Huge of this city acted as toastmaster and the following toasts wcro lesponded to : "Our Society , " Dr. Boghtol , Friend , 'The Pioneer Members , " Dr. Link , Mlllard , "Tho Country Doctor , " Dr. Robin son , Clarks , "Aesthetics In Medicine , " Dr Foote , Omaha ; "Hard Times and Us , " Dr. Billiard , Pawnee City ; "Our Ladles In Medicine , " Dr Lord , Omaha ; "Our Babies , " Dr. Brjant , Omaha ; "The Press Toward the Doctors , " A r Buechler , city ; "Expert 3T Testimony , " Hon W. II Thompson , city ; 3d "Doctor and Patlont , " Dr Lou Sutherland , d city ; "Our Host. " Dr. Knapp , Lincoln ; "Oh , n My Eye , " Dr. Garten , Lincoln ; "Taken Ac t cording to Directions , " Dr. Dayton , Lincoln. y COVIMIMILI.VL. ru.tmuis Miivr. o y Oologntoa of 1'lvo htutes In Se sU > n nl Lincoln. y d LINCOLN , May 24. ( Special Telegram. ) - The supreme council ot the Commercial Pil iy grims ot America met this afternoon at the y Halter block and held a business session This meeting comprises delegations from the councils In Iowa Kansas , Nebraska , the two : Dakotas and Colorado and will bi In session until Saturday night , closing with a banquet , to be tendered by the Pilgrim Sisters of hte local council. Members of the local associa tion are busy entertaining the delegates in proper style. Delegate Mlddlebrook , the sil ver-tongued orator from Denver , came In on the noon train to Impress upon the Pilgrims that Denver wants them to make their sum- mer pilgrimage to that place and enjoy their hospitality. Urnilu itln KxcrnlsiM at Lexington. LEXINGTON , Nob. , May 24. ( Speclal.- ) The graduating exercises ot the Lexington High school last evening were listened to by as largo an audlenco oa could be seated In the opera house. Several selections of music were rendered and the program , though verj long , each of fifteen graduates speaking , was Interesting from first to last The. member ! of the class were. Cella Ashley , Aug Haaen- kamp , Laura Smith , Herbert Balrd , Jenlne Hanna , Ada Johnston , Miner Hewitt , Doll Little , E Roy Surber , Zylpha Squler , John Grlng , Grace Frey , Fred Lantz , Rosella Fngol and Claude Carr. AURORA , Neb. , May 24. ( Special ) The graduating exerc' ' ea of the Aurora High schools will occur Juno 4 at the opera house. There Is a class of thirteen this year Charles P Craft , C. J. Peterson , Ada E VanBerg Oscar N. Anderson , Marlon Lament , Laura E Whltmorc , Frances Chambers , Arvilla P Read , EJIth Uayllsa. Clara Shenberger , Ar thur Brown , Pearl Field and Harry Grayblll llolilrn a h.tloou ML-II Win. HOLDREGE , Neb. , May 24 ( Special Tel- cgram ) This city has been dry since Aprl 13 on account of remonstrances filed agalnsi to all applications for saloon license The clt ; council has been hearing testimony on behalf half of remonstrators for the past thrcf nights and tonight the remonstianccs wen ovcrrul d and licenses granted to John C Den aiul M. Scranton The remonstraton guvo notice ot appeal and will take It to tin district court. The fight Is the result of tin tie In the last city election between the can didates for mayor. NIOnRARA , Neb. , May 24 { Special- ) eig Mrs W. D. Estes , while horseback rldlnj igHi Sunday evening , was thrown and dragged t Hi considerable distance , her foot being caugh an In the stirrup In freeing herself the horsi IIP kicked her. breaking litre ; ribs * The Nlobrara pork packing house snippet , three car loads of Its product to St. Louli yesterday. l" Thr'o cases of Insanity have been befon the board this weeek , Leopold Crank ant Mrs. Katherlne Maticka having been dlsposei of and Mrs. Duorak , wife of Prof. Dnoral of Omaha , who U on a visit to her slitei here , being under consideration. he heated tliu 4 outoitaiit. heat HEDRON. Neb. , May 24. ( Special. ) Join at J. Holcomb , councilman for the Second ward contested the election of Albert Huntsman who had. a majority ot three. The case vva at bitterly fought on both ( Ides and decided Ii beat favor of the contestant , and a writ of ouate against Huntsman was at once liitued. Th ! ate means ealooni for Hebron. Monday the con e- teit of George M. Hunt against present In cumbent , Dr , A. L. Cider , will come up. IT WAS TEMPERANCE DAY Presbyterian As3cmbly Endorses Uufer- mentcd Wine for Lommunion Purposes. BROUGHT OUT A VERY SPIRITED DEBATE I'reibytcrlnns Drcllncil to Commit llieni- ftrtto , Ilovrovrr , on I'rohllittlon us a 1'ollllral I'hiiik Theological brinl- imrlci to llo DUciiMcd fc PITTSnURG , May 24. At the opening of the assembly this morning resolutions wcro adopted asking for a copy of Dr. William H. Robert's address delivered last night at the reunion anniversary for publication and discussion an asupplctncnt to the denomina tional journal , the Assembly Herald. It was also decided to raise an anniversary re union fund of $1,000,000 to liquidate the debts reported by the various missionary boards ot every church and a committee ot twenty-five was appointed to carry the mat ter Into effect. It was objected to , that the plan ot a largo fund would reduce the regu lar contributions of the church besides being moic difficult to collect than a contribution Intended for the boards directly , but the resolutions were passed without opposition. The committee on bills and overtures and the committee on theological seminaries wore expected to present reports , but the mornIng - Ing hour preceding the regular order ex pired and they weie shut out. The standing committee on temperance then rcpotcd through Its ohaliman. Rev. Ezra 13. Nowcomb , of La Porto , Ind. , the previous deliverances of other general as semblles wore reaffirmed In favor of total abtslnenco for the Individual and ot the abolition of the liquor tralllc The "legisla tive panacea" was disparaged In contiast with methods of repression and cducatlno. Elder George Erwln , secretary of the com in It toe , also presented the work done by his colleagues The Interest In the discussion grew so great that the second order of the day was pushed aside by general consent. A shower of resolutions fell upon the assembly , rang' Ing all the way fiom the subject of nonalcoholic coholic communion wlno to an Injunction to members of the denomination not to vote In favor of the granting of license. The latter was adopted as the view of the assembly , but on the former question a decided oppo sition was developed. After a long and splt- Itcd , though somewhat disorderly debate. It was decided that the "unfermentcd trult of the vine fullllls all the conditions of the sacrament of the Lord's supper. " Picas for prohibition of the liquor traffic were made , but no action In that direction was taken. The ropoit of the * committee on theological seminaries was made a special order for Saturday morning. At the afternoon session of the general as- scmblj a quietus was given to the movement to secure b cnnlal or triennial sessions of the a semblj In place of the present annual meeting. It was strongly advocated by the presbytery ot Lackawanna and It was op posed by representatives from Philadelphia and Now York It was objected to on the proposal that In many minds It had orig inated In n loss of respect for the general as sembly Itself , as well as from a dislike for the doctrinal discussions of the past few yeirs. The larger part of the afternoon was de voted to hearing delegates from other ecclesi astical bodies From the United Presbyterian general assembly greeting were brought by Rov. Dr. Wallace , Its statistical clerk ; Dr. John A. McNaugher of Allegheny and Prof. W C. Moorehead of Xenla , O. The Wal- donslan church of Italy was represented b > Rev. Francesco Rostan , and the general synod of the Reformed church In the United States by Dr. John Optcrs. Dr. William T. Sablno of New York spoke on behalf ot the general synod of the Reformed Episcopal church. After an address by Dr. George Matthews of London , representing the Pan- Prcsbyterlan alliance , the moderator made a suitable reply In behalf of the assembly. The assembly then adjourned until Saturday morning. ( IF NKIIKASKA. bY.NOD. United rrcsbjtertnn llcvlslon Dissent Over Iiintruinentut Mtulc. PITTSDURG , May 24 There was a small attendance at the morning session of the United Presbyterian assembly. After de votional exercises the minutes of the synod of Nebraska , with regard to revision , were received and referred to the committee on revision. An Invltalon was received to attend the commemoration of the first ordination of a minister by an American presbytery. The commemoration will take place at the tenant church near Free Hill on June 4. Rev. J. G. Carson , D D. , ot Xenla , 0. , pre- santcd a paper , In which he changed his protest against the action of the general assembly of 1883 , In permitting Instrumental music In the church. He said that he had decided to change his protest to a dissent , stating that this was the only course open to him other than a withdrawal from the church. Hy motion he was allowed to re main In the church under dissent. The afternoon session yesterday was taken up with the reception of the committee from the Presbyterian general assembly. For the Presbyterians , General James A. Heaver made a speech advocating the union of the two denominations. His remarks were greeted with great applause , and Moderator Mc- Mlchael answered him In the same strain. Dr Reid read the report ot the committee appointed to confer with the commissioners from the Holland Reformed church , looking toward union. The report showed the pro gress that has thus far been made by the committee to the joint conference , and recom mended that Inasmuch as the synod of the Holland Christian Reformed church dos not meet until 18 % the committee on union be continued with Instructions to negotiate con cerning any additional propositions that may be presented , also that a delegate bo ap pointed to represent the church In the next Holland synod , and that every minister In the latter church be furnished with a copy of the confession of faith , catechism , testi mony and book of discipline. VVmiinn t ntinot llo Ordalnrd. MERIDIAN , Mies. . May 24. The woman . question , which above all others has troubled the Cumberland Presbyterians during the pasl several years , -was finally settled In the gen eral assembly last night by the decision that women cannot be ordained Into the mlnlstrj of the church The question as to whethei an Invited moderator has the right to vote Ir a church session was decided In the negative. . An Important question to the church , the en dorsement ot the Illinois synod In founding c school of divinity In connection with the CliI cage university , the Echcol endowed by Mr Rockefeller , was decided In the afflrmatlv < after a lively discussion Cream ot tartar sold by grocers contain : from 80 to 9Q per cent of white clay or alum Dr. Price's Is the highest grade cream o ! tartar baking powder. llK.l IT 11.11S IX XKHIl.tliKA. One-Half Inch Tell itt North I'lutto la ar Hour , NORTH PLATTE , Neb. , May 21. ( Sprcla Telegram. ) One-half Inch of rain fell hen between G and C o'clock this afternoon. VENANQO. Neb. . May 24. ( Special Tele gram ) Nearly half an Inch of rain fell thli afternoon , and Indications point to moro to night. WALLACE. Neb. . May 24. ( Special Tele gram ) A good rain of ono hour' * duratloi fell today. Small grain U all rlgbt. YORK. Neb . May 24. ( Special Telegram ; A good rain Jell at this place today. Thi greater portion visited the southeaster ! part of'the county. This will encouragi those engaged In agricultural pursuits ii the sections In which It fell. SIOUX TALUS , S. D. . May 21 ( Specia Telegram ) -Eastern South Dakota la gettlnf a Rood rain tonight , While crops are no Buffering , they need rain badly to counterac the setback given by recent frosts. CEDAR RAPIDS. la. . May 24. ( Spocla Telegram. ) Upon Investigation U has beei found that corn Is much more seriously dam aged ty frosts than at first supposed , am We are not going to handle boys' clothing after we dispose of this depart ment , and we beein > tomorrow to make an earnest effort to close OLit the entire stock. Everything in this department from a waist to a whole suit will be slaughtered at fearful prices. All the French flannel waists , worth $1.75 and over , in one lot at 97c. The Fountleroy waists at 50c , 75c and 98c , are worth up to # 2,50. Boys'double breasted Scotch cheviot suits at $1.48 , worth $5.50 , and boys' reefer suits , 3 to 8 years at $1,98 , worth at least $5. Boys' junior suits -at $1,98 , ages 3 to 7 , that you can't buy for less than $5. We have gath ered into one lot all the $7 , $8 and $9 suits , elegant goods , made by the best manufacturers in the country and put them on sale tomorrow at $2.98. In Our $1.50 Laundered u Shirt Waists ' ' jjjjji jv' ' "J - tm , v' For Saturday , beginning nt 2:00 : i > . in. , wo will plnco on snip 1200 Indies' Laundered 100 piece dinner set $5. . dered Shirt WnlstM , all samples , no ya gallon water pitcher lie each two alike ; the lowest priced Waist In this lot Is woilh $1.00 , and up to ? 1.50 ; Flint table tumblers lc each nil have the lar e mandoline aleovo and Engraved tumblers 2Y2C each- guaranteed fast colors ; limit , two to a Handsome water set 98c customer. * 7 piece berry set 253c $2.50 Ladies' Engraved decanters 12c each Salts and peppers. . . . 2c each Duck Suits Cut glass salts arid peppers 25c each 6 piece toilet sets Colors , navy , blue , Inn and gray check ; extra Invgo hleeves and wldo 10 piece toilet sets skirt Suits that have been made up for 12 piece toilet sets $3.85 this season's trade. 1'ilco , . $ ! . : ! ( ) each ; worth if'-MiO. many farmers are now engaged In replant- ng. . Novel \\idillni ; > imr llemlloy HUNDLEY. Neb. , May 21. ( Special. ) A ivcddlng occupied near this place Suiulaj aft ernoon which was nol only a surprise to the : nany friends , but was performed In quite a novel way. The contracting parties were Ell Uchards , a prosperous young business man of Beaver City , and Miss Mimal Tolly , the ilghly esteemed } ouig school mistress of this place. The parties , while on their way to Reaver City , were met Just half way by Rev. A. C. Corbln , pastor of the Christian church , to whoso place they were driving. The groom hastily made his wishes Known. The minlstnr Invited the couple to stand up In their buggy , and In a short time the nec essary words were spoken. Competitors of Dr. Price's Baking Powder finally realize how- useless are all efforts to dislodge it from universal favor. SUK1 > 2U Jl.lt'JS Uli > JIOAD Al'l Horn's Petition mat ihu Answer of ( iov- ornor Holcomb 1 hereto. LINCOLN , May 21. ( Special. ) The appli cation for a writ of mandamus In the supreme premo court In the case of the State of Ne braska ox rel O. Horn against Silas A. Hol comb , governor of the state of Nebraska , re spondent , alleges that , according to an act of the legislature approved February 19 , 1875 , entitled "An act to erect and maintain an Institution for the blind , " It was provided that It should bo under the supervision of a board of trustees consisting ot six persons elected by the legislature In Joint convention. That on the 5th day of April , 1S93 , the Ne braska legislature elected a board ot six trustees , of which 0. Horn of Otoe county was ono , and that ho was duly elected treas urer ot said board. That ho entered Into bonds as said treasurer in the sum of $15,000 , and which bond ho presented to Governor Holcomb for approval , but that the governor refused to approve and still refuses to ap prove the bond. The relater therefore prays that a peremptory writ of mandamus may issue , commanding the governor to approve the said bond of O. Horn as treasurer of the Institution for the Illlnd at Nebraska City , and for costs of this action. A copy of the bond Is annexed to the application. The supreme - promo court , which will not convene again after today until Juno 18 next , will hand down a decision at some time following that date. date.Tho The attorneys for Governor Holcomb , Messrs , Darnell and Fltzpatrick , were this afternoon preparing the answer to the appli cation. The answer will allege that the leg islative action In electing these tlx trustees wan neither statutory nor constitutional , and that from 187C until 1805 no legislature of the state had ever elected any such trustees , but that , on the contrary , the appointment ot trustees had been left to the prerogative of the governor of the state. Respondent admits , tub enacting and the approval of "An act.tr ) erect and maintain an Institution for the illnd , " s mentioned In relator's petition , but alleges that after the passage of the act tie | new constitution of 1875 was adopted ard ) ratified by the people of the state , and that it contained among other provisions In artfclo v the following "Section 10. The gov'brn'br ' shall nominate and by and with the cdvlbe' of the senate ( ex pressed by a majority of all the senators elected , voting by aytfs and nays ) , appoint all ofllcers whoso olllces are established by this constitution , ornlilcli may bo created by law , and whose 'appointment or election Is not otherwise by law or herein provided for ; and no such officers shall bo appointed or elected by the legislature. " Respondent further tays that the portion of the act which provides for the election of trustees by the leglHlaiu'ro was by said sec tion 10 amended and repealed , and ls not now of any force and'effept at all , and all branches of the state government have so regarded and acted upon said statute. Respondent alleges that all acts of said trustees are without color of law and are null and void , and that he , as chief ex ecutive ot the state , has full control of zald Institution and the sole right to appoint the trustees and other ofllcers of the blind asylum. Respondent further alleges that the ex ecutive branch of the state government , either the Board ot Public Lands and Build ings or the predecessors In olllce of respond ent , have had the exclusive control and man agement of ald Institution for the Blind ever since the adoption of said constitution , and respondent has solo right to appoint trustees and other officers therefor Respondent claims that the trustees have 1113 possession or control of the Institution , and admits that ho refuses to approve Treas urer Horn's bond. Men hniiti Under Arreit. NORTH PLATTB , Neb. , Msy 21. ( Special Telegram ) Michael AnzalonI and Dominica Sclmcla , the Italians arrested at Sidney yes terday for passing counterfeit money here , were brought back this morning. They claim to be wine merchants from New York and have pipers substantiating the claim. A dep uty United States marshal will bo here to morrow to take chatge of them. They have been fully Identified as the persons who passed the money. Efforts have been made to Intercept their confederates at Ogden. ruo.u THIS far ATI : notisK fioiornor Ilolcoml ) Miilici homo Addition il Aslinn Appointment * . LINCOLN , May 24. ( Special. ) Governor Holcomb this afternoon made the following appointments : Dr. W. II. Barber of Fullerton - ton , Nanco county , to succeed Dr. J. L. Green as assistant superintendent of the Norfolk iVsylum for the Insane ; Miss Jennie E. Lar son to succeed Mrs. Mary M. McDougall as matron of the Hastings Asylum for Incurable Insane , and Mrs. L Bowser of Bassott , Rock county , to succeed Mrs. Ferguson as matron of tlio Norfolk asylum. Dr. Barber Is a free sliver republican. Mlj9 Larson Is a resident of Adams county , and the daughter of Chris Larson , a prominent Swedish farmer of that county. Mrs. Bowser Is the editor of the Bassett Advocate. Her husband Is W. F. Bowper , business manager of the paper , who will continue to edit the journal during her absence. All of these appointments go Into effect Juno 1. Appraiser W. J. Broatch came up from the penitentiary this evening and reports that the listing of Contractor Dorgan's prison prop erty Is completed. The real work of estimat ing value now begins. Mr. Broatch Is of the opinion that It will require at least a week or ten < lays to complete the appraisal. Major Fcchet has submitted his report of the Inspection of the University cadets to the Inspector specter general of the United States army at Washington. A general order has been Issued from the ofllco of Adjutant General Barry to the Nebraska National Guards In conformity with an order from Washington , Instructing the guards to do away with the ornamental braid on their uniforms and ( o procure the new Prussian caps. Owing to an unavoidable engagement , It to Impossible for General Barry to attend the reception at Omaha this evening given to the Thurston Rifles. Governor Holcomb has received a letter from Ben Sldeny of Lynch , Boyd county , stating that the writer understands that by act ot legislature a reward of { 700 will bo paid to the mother of triplets born within the state. Mr. Sldeny's wife has just pro- Ecntoil him with triplets and ho wanta the money. There Is no such law In Nebraska. At the governor's ofllco a letter has been leeched from Rev. P. W. Dalley of Curtis , Frontier county. The writer makes the rad ical statement that 700 families In Frontier county are actually on the verge of starvation , and urges that a carload of flour be Immedi ately sent up to Curtis for distribution. The writer says that ttuto destitute families are now being sustained by the Christian Relief association of Frontier county , of which Peter Johnson Is president and A H. Duel iccretary. Ontmrnl Mulllm , 1 cup of oatmeal , l',4 pints flour , 1 teaspoonful - spoonful salt , 2 teaipoonfuls Royal Baking Powder , 1 tableipoonful lard , 2 eggs , 1 pint milk. Sift together oatmeal , flour , salt and powder ; rub In lard cold , add beaten eggi and milk : mix smoothly Into batter rather thinner than cup cake ; fill muffin pans TJ full , bake In god hot oven 15 minutes. "I'oor Mini's" turn OUIIIK. 1 pint corn meal. 1 pint flour. 1 teaipoon- ful salt , 2 teaspoonfuU Royal Baking Ponder , H I > Int each of milk and water. Sift the corn meal , flour , tail , and powder together. Add the milk and water , mix Into a firm battsr ; % fill well greased , cold gem pans. Dake In a well heated oven 1C minutes. No appeal for aid has > ol been made from the precinct relict committee of Curtis , whore there Is such a regular organisation. An Invitation has been extended to Governor Holcomb to Join the celebrated Thirteen club of Now York City , as an honorary member , and ho has , accepted. The purpwo of this unique organization Is to disprove all manner of superstitions. Captured u Young Harm Tlilof. STANTON , Neb. , May 21 ( Special Tele gram. ) Sheilff Ackerman returned today from Wlsner , bringing with him Wllsgn Hall , the young man who on the night of May 11 stele a team of horses fiom Ficd Fuhrman's barn In the northwest corner of this county. Hall has confessed. His mother and other relatives live near Scrlbner. Mm ! ) > Htloiin null ! . SHELBY , Neb. , May 24. ( Special ) The saloon fight has become a vexing problem to the applicants. The village board met yes terday , but was unable to grant licenses , as more remonstrances had been filed. This prevented any action upon the applications until another meeting. flmrgnd with HtonlliiR u Wagon , PIERCE , Neb. , May 24 ( Special. ) Last night Deputy Sheriff Porter brought Adam Ingalls down from Plalnvlew and lodged him In jail for stealing a wagon from Corrcll Bros , of Plalnilow , . - - yOTAJILK 31RS WILL UK TUKlti : Annual ScKftlon nl the Scntcli-Irlftli Kotlcty to llo Hold at Lexington , LEXINGTON , Vd. , May 21 The seventh annual session of the Scotch-Irish Society of America will be held here In the Lee mem orial chapel of Washington and Leo univer sity commencing June 20 with President Rob ert Bonner of New York presiding. The con gress will be composed of representatives from the local Scotch-Irish focietles from all sec tlons ot tliB United States and Canada. The body will be a highly representative one. In which will appear some of the leading states men , scbolais and professional men of the country. Among tnose who will address the congress the following distinguished Ameri cans may be mentioned Charles T O'Feirall , governor of Virginia ; Rev. John Hall , D D. , LL D. , the eminent dlvlno of New York , Colonel A. K. McClure of Philadelphia , Prof Georga McCloakle , Princeton's well known scholar ; Dr Harvey McDowell and Hon Helen Bruce ot Louisville , Ky. ; Rev. G. H , Drycon , D.D. , of Alabama ; Joseph Addlson Waddell , LL.D. , the Virginia historian ; Hon 0 , Gor don , Virginia ; Hon. William II. Ruffer. LL I ) . , Virginia ; Rev. Henry Alexinder White , Ph I ) . , D D. , LL D. , of Washington and L ° o univer sity ; General Fltzhugh Lso ; General W. C Leo , president of Washington and Leo uni versity ; Hon. J , Randolph Tucker , dean of the law faculty ot the Washington and Le university ; Prof , Jamei A. Harrison , Hon. ! 3 3 3 ® * 3 3 * 1ft : * 3ia I find the ROYAL BAKING POWDER superior to all the others in every re spect. It is purest and strongest. WALTER S. HAINES , M. D. & , Consulting Chemist , Chicago Board of Health. ? SSK3J3 ? & llrciikfitit Illiciilti. Take 1 quart sweet milk , > , i cupful melted butter , a little talt , 2 tableipoonfuU I toy a Baking Powder , flour enough to make a etlfl batter , do not knead Into dough , but drop Into buttered tins from a spoon , bake In a hot oven unlets It Is hot they will not be light and tender. huear UUculU , Hi pints flour , pinch salt , 1 coffeecuptul cugar. 2 teaipoonfuli Royal Baking Powder , 1 tablespoonf'Jl lard , 2 eggs , Ii pint milk , 1 teaipocnful Royal Extract Nutmeg. Sift to gether flour , 'alt , gugar and powder ; rub In lard cold ; add beaten egg and milk , mix In smooth batter ai for mufDns , drop with table spoon on greased baking tin ; sift sugar over tops ; bake la hot oven 8 or 10 minutes. William A. Anderson and other prominent ncn. ncn.The The congress will bo In session Juno 20 t ( 23. On the night of the 23d Rev. Dr Joht Hall of New York will conduct an old-fash- oned Scotch-Irish covenantors' mwtlng. six llnndiiMl Illlinrnliiim Initiated. ST , LOUIS , May 2 ( Judge J. P. O'Connor , mtlonal president of the Ancient Order ol llbernlans , Initiated COO members hero last night. This breaks the record In the matter of Initiations' ' . America makes the finest brand ot chain' [ > aRiie. Cook's Extra Dry Imperial. It Ii lellclous , fruity and pure. Miintliiili Mill I'li GUTHRIE , Okl. , May 24 Deputy mar. shnls had a fight \\ftli Zip Wyatt's gang o | outlaws In Woods county last night. WyattJ was wounded and his horse killed , and tin marshals are still In pursuit ot the gang. o ItlKll. IIANRAHAN Kntlo on the 23d , at Scrlb ner , Neb , aged 17 months , daughter ol Mr and Mis T J Hnnrnhan. Funeral from the residence of M. J f5hivun , fell Pacific street , ut 10 a. m , Saturday morn ing. Omaha Is a prl/.u win ning cliy. It IIIIH the Thm-Hlon Hllli-s It IIIIH the Onnilni Onai < lsIt has tlie Kinihall I'liuio. Imi't Hint onotiKh Tins , Klinball tool : tint llrst in I'/M ut tlio World's Kalr us Ihi' bi'.st and HWcutcHt toned piano on eaitli. Wo bell It on L'li.sy payniuntH. A. HOSPK. Jr , Mutlcnitd Art , IS 13 Douglas. Vi'n icnil tlio marTplonn French Jtomr I ? CALTIIOS fir- , mid B legal cuuranlrothat L'ALTiioa will * > TOI > lll.cliurcr A. FinU.loni , C ! FIIK MnrrmnturrhrM , V nrlcotwlft und IlKSIIIIir. I.o.t Vlior. list il anJfaY tftallifitd , Alit.ii.VON MOHL CO. , HU Ajarrlota irnte , flttrlBDltl , CUa. Chlchntrr1 * fnsllili Dlmuond l 'EWNYRQYAL PILLS MrltfliiulniiilOnlrUtnulne. AfC alH.M rillAtll , lADIt * MX , Druiiltl lor ( Tiltiltn tnatu * anJ lu llrd tij I.M B. tlal with tlu. rttbci 1 like inuothrr. Ji/W di r ui u il u- ( lent and InulalKww AlUracUiorifOj ( 1C. In tttufJ for ( ullcuUli , lutliooaUU IttJ * "lltllLf far I mllr . " ( l ! < rr r , bj rtluri Mull. IO.OOOT itlmooUli AamlJVijxr Cblr ' Lvcll Ur ( ( llU. I'MUiJu. , ! '