Tills OMAHA DAILY 33EI5r = SUNDAY , JUNE 9 , 1S95.
MANDAMUS WILL NOT ISSUE
Decisiou in tbo Platlo Canal Oaao by n
Bimo of District Judges.
UNANIMOUS AS TO THE MAIN POINT
Ulffer to Canntllntltinnlltjr of tlin l.iur
nil Other IVnturm Opinion * nf
Ilin Three C'me Uuci to
the Supreme Court ,
The decision of the district court denying
the writ ot mandamus against the county
commissioners to compel them to call n spe
cial election for voting bonds to aid In the
construction of the I'latto canal was ren
dered yesterday by a bane ot three Judge * .
Long before 10 o'clock , the hour set for
rendering the court's opinion , the court
room was crowded with prominent citizens ,
the crowd of listeners extending out down
Into the hall , while every available space In
the room was taken by the tlmo Judges Am
brose , Duffle and Keygor had taken their
seats. Cacti of the judges delivered care
fully prepared opinions , the decisions being
read In the order named.
On one point the court was unanimous
Before commencing the reading of his opin
ion , Judge Ambrose stated that It was the
unanimous view of the court that the manda
mus should not Issue.
Judge Ambrosp , before whom the case was
originally brought , nnd wliu had Invited the
other Judges to sit with him , overruled the
canal law In all particulars , holding It un
constitutional as to the right of the Judges
to appoint canal trustees and holding that
the trustees wcro county officers and should
bo elected , not appointed.
Doth of the other judges refused to hold
that the law was unconstitutional , Judge
Duffle taking the view that as the commis
sioners had a discretion as to the amount of
bonds to bo Issued , It would be useless to
compel them to act , as they could by male ng
the Issue small , nullify the law , and Judge
Koysor holding that the better practice would
be to deny the writ and so get the con
stitutional questions squarely before the su
preme court , as It might bo a question , tl
the writ was alldwed , as to what steps cuulil
bo taken to get the matter before the court.
OPINION OP JUDGE AMBROSE.
Judge Ambrose's opinion was as follows.
This Is an application for the Issuance of a
writ of mandamus to corlipel the respondent
the county of Douglas , to call an election
nnd submit the question of voting bonds to
aid In the construction of the I'latto river
canal , under and by virtue of an act passed
and approved at the last sess on of the legis
lature of this state.
It In alleged In the application for the writ
that a proper petition was presented to the
Hoard of County Commissioners , signed bj
the requisite number of legal voters , am
that the county commissioners refused to
call such election , alleging among other
things that the act In question was unconsti
tutional.
The respondent has fully answered and has
disclosed to the court the petition which was
presented to the board , asking that an elec
tion bo called , as provided for by the terms ol
said act.
In addition to the answer of the respondent ,
various taxpayers sought the permission ol
the court to bo allowed to Intervene , anil
were granted the privilege , and have filed
answers , or petitions of Intervention , alleging
various grounds as to why the writ should
not Issue ; the satno grounds substantially
being alleged and averred by the proper re
spondents.
One taxpayer Intervened by way of de
murrer , and ho , too , raises the same ques
tions sought to bo ralao'l i > y the county at
torney , and the proper county authorities as
to why the writ should not Issue as prajed ,
And , In the first instance , It may bo well
to dispose of the question of intervention.
INTERVENORS GO OUT OP COURT.
The prlnc pal ground by which It Is soughl
upon the part of taxpayers to Intervene I :
that the county commissioners colluslvel )
admit In their response to the application foi
the writ that the petition signed by tht
2,600 and more legal voters of the count )
was a proper petition. The taxpayers Inter
veiling allege that It was not a proper poll
tlon , for the reason that the petition Itsel
upon Its face sought to Ideate the route am
establish the termini of the proposed canal
wlillo by the terms of the act Itself thai
power rested with the trustees created under
dor the act. The petition , as presented to thi
county board Is attachd to , and made a par
ot the answer of one of the responden
county commissioners and Is fully befori
the court. Its effect , and whether or no
It was a proper petition. Is thus presented ti
the court for Its determination ; and It I :
not competent for taxpayers In an appllca
tlon of this nature to Intervene on the i
own behalf , unless they can allege and nub
stantlato by evidence that the respondent :
nro colluding with the relater , so as ti
prevent a full hearing of each and ever ;
question that shall be presented. Each an !
every question In this case , as presented o
attempted to be presented by cither one ot tli
Interveners Is fully presented by the answe
of the several respondents who are proper ) ;
before the court. While I have listened will
great altent'on and have received very grea
aid and benefit by the argument of counse
for and on behalf of the several Inlerven
ors , yet I am constrained to say that th
Interveners , as such , Imvo no right to b
heard In actions of this kind under the plead
Ings as In this case ; and the Intervcnors wll
be dismissed.
DEFECTS OF THE LAW.
Proceeding now to a consideration of th
questions Involved In this application
remark that the principles Involved arc every
very great Importance , and have been abl
argued by counsel upon either sldo and hav
been presented after great research.
The questions presented are :
First That the act in controversy Is un
constitutional because It provides that th
Judges ot the district court shall appoint th
flvo trustees , and that such trustees , when op
pointed , or as created by the act , are count
officers , and that the constitution provide
that such county officers shall bo elected b
tha people.
Second That the- title to said act Is de
fectlve , In that It contains more than on
subject , and the subject of the act Is nc
clearly expressed In Its title ; and that th
act undertakes to amend or repeal , or , I
effect , amends or repeals previously exlstln
laws , and does not contain the section or sec
tlons so amended , and the section elections
lections so amended are not repealed.
Third llecause It Is special legislation , I
that It delegates to any one county havln
a population of not less than 125,000 In
habitants , the right ot putting Into opera
tlon , or ot determining when shall be opera
live , a statute- virtually affecting the right
and privileges , of th ? entire people of th
itate ; and that It grants to only one. count
In the state , or to a corporation created b
tha act , special and exclusive privileges an
franchises.
Fourth Because It creates a corporatto
known as the Hoard ot Canal Trustees c
Douglas county , Nebraska.
Fifth That It makes party affiliation
qualification for office.
Sixth That It gives the canal trustee
named In the act a life tenure of ofllce , 1
that there Is no limitation on the term c
those appointed or rwppolnted. after the ej
plratlon ot the tenni of those first at
pointed ,
Sn-euth Uecauio It provides for takln
private property under the guise ot faxatlo
for other than a public purpose ,
COUNTY NOTHING TO SAY.
It will be seen that there Is created b
this act of the legislature a corporatlo
vrhlch has unlimited power and control ovc
all nuance * relating to this project , and th !
the county of Douglas , which It ti confesse
Is the only county In which the project c
lie operative , has nothing to say In relatlo
to the matter whatever , except that tl :
county ( hall provide the nee ssary funds I
the first Instance within the taxable Urn
of the county for the carrying out of U
purposes ot this act. Every dollar expendei
the way It shall be expended , for what pui
poses It ihall bo expended , at what price
the property { hall be purchased , and whei
the property shall bo purchaned. are alt ex *
cluslvely within the control ot this corpora
tion thus created.
Does thin act then amend any ot the
j > r\lously existing laws relating to counties ,
county affairs or county revenues ?
Is the net undr consideration an amend
ment of the lections to uMch reference has
lust been made ?
They are not referred to In the act. These
ectloni are not changed by the terms of the
net , nor the provisions conflicting with the
act In question are not repealed.
Is the county1 ot Douglas n beneficiary
tinder the act In question ? Is It , In fuct , the
owner of this canal , and of the revenues
il-rlved from It ; and responsible for It *
proper construction , maintenance and con
duct ?
If It Is not , then It has no authority what
ever to Issue bonds for Its construction. If
It Is beneficially Interested In this project ,
then docs not the provisions ot the law In
relation to the conduct , the purchase of
properly necessary for Its construction , the
payment or auditing of all the accounts con
cerning the receipts and expenditures of this
canal , seriously conflict with the provisions
of the statutes to which reference han just
been made ? Does It not take out of the
power of the county board , to make all con
tracts and to do all other act * In relation to
the property nnd concerns of the county ?
If It does , and can In any measure be con
sidered on amendment of the provision re
ferred to , then It must fall , because the act
In question does not comply with the pro
visions of the constitution In relation to the
altering or amending of pre\lously enacted
statutes.
The act In question creates a new and In
dependent corporate body , carved out of a
previously existing corporation. This new
corporate body In a county agency , or It Is
nothing ; nnd It Is Invented with power over
revenues derived from the Investment of
county funds , and payment from such funds
for property , which property belongs to the
county of Douglas , and divests the prior
corporation of all power of Investment of
such funds , or the control of such county
property , without In the least degree seek
ing to amend existing statutes. This mode
of legislation cannot In my Judgment bo up
held.
held.POWER
POWER TAKEN FROM THE PEOPLE.
The next question I wish to consider Is-
Hnve the judges of the district court the
constitutional power to appoint the trustees
named In this act , and who , when appointed ,
become an organized body corporate , pos
sessed with the full powers of corporations
as known to the law ? These trustees , when
they shall have been named , and shall have
fully organized the corporation created by
this act , stand In the relation of directors to
nny public corporation.
The entity , the corporation Itself , cannot
act except through the legislative capacity
and power of the Individual members of the
board of trustees. The people of the county
of Douglas In relation to this corporate body
thus created , stand In the relation of stock
holders to an ordinary public or private cor
poration. This board Is possessed of most
extraordinary power. It has the power of
expenditure of more money than the Board
of County Commissioners would have for
twenty years to come. It has the control
of a great scheme. If successful. It has the
entire management and manipulation of the
greatest political force and agency which
the state of Nebraska has ever created , and
It would seem as though stockholders , such
as the legal voters and taxpayers of Douglas
county are In relation to this scheme , ought
to be possessed of sufficient capacity and
power to enable them to select the men to
whoso management , custody and control they
are willing to entrust this vast expenditure
of money , and this vast political machine
and power. These canal trustees , acting In
their capacity of directors of the corparatlon ,
have the entire control , power and dominion
over this whole subject ; and the Judges ol
the district court of Douglas county alone
arc clothed with the power of setting In
motion this mighty engine and force. The
seven men occupying the position of Judges
of the district court of the Fourth Judicial
district of Nebraska are not the Judges
alone of Douglas county , but they are the
Judges owing their seats to the elective
franchises of the legal voters of the four
counties composing the district , some ol
whom are not residents of the county and
have no financial or personal Interest other
than the other cltbens of the state at large
have In the prhatc concerns and Interesl
of this county ; . When we shall meet to ap
point them we are to examine and see who
are the most fitting men out of a number
of applications , not alone according to their
financial or business sagacity , but accordIng -
Ing to their political proclivities. The test
must bo with us : Who are the two best men
who are republicans ? Who are the two besl
nen who label themselves democrats ? Who
Is the one best man who Is labeled a popu
list' We can appoint no more from each
political party. The three political parties
Just named , and In the order In which they
are named , are recognized In this state at
the controlling political force. No man hat
yet been heard to say that the exercise ol
this power thus conferred upon us , am
which must necessarily be exercised In thlt
fashion , Is a judicial power , but it Is con
ceded to bo a political power.
WHY JUDGES WERE SELECTED.
Irrespective of decisions. It being conc ded
and rightfully so , that the power which the
Judges are caled upon to exercise Is a politi
cal power , and not a Judicial one , and con
ceding the full force of the argument by
counsel for the relaters that political powei
Is vested wholly within the legislative body
and that they may delegate to any person or
body the power of appointment , yet the per
son or body upon whom this delegated powei
Is Imposed must bo such a person or body at
Is competent and exercise the function which
the act In question Imposes upon them.
The judges of this district are selected , nol
because of the Individuals occupying the
position as Judges , but simply bscause the ]
arc Judges , and are delegated to exercise as
Judges the political power of making the ap
IMlntmcnti In question.
The Judges of this court exercise. It Is
true , in some Instances legislative power , sucl
as the making ot rules and regulations foi
the government of the court , the appolntmen
of bailiffs and reporters. Upon the othei
hand the legislature In the allowance of i
claim. In the punishment ot those In con
tempt of Its rightful orders and directions
exorcises In a sense judicial power. Tin
executive In granting letters of extradltloi
of criminals. In the calling ot an extraordinary
session of the legislature , and In many Ilk
Instances exercises also judicial power. Ye
such judicial power thus exercised by th
legislature , or the executive , as well as sucl
legislative power exercised by the court li
the way Indicated , as only and solely exorclioi
to such a limited extent as may be necossar
for the purpose of carrying Into effect thel
own Individual powers , as expressly delegate !
to them by the very terms of the constltu
tlon.
tlon.No
No man has yet had the temerity to saj
that the executive may render a Judlcla
judgment , or that the legislature may over
turn a final decree pronounced by the hlghes
court In the state. Ily the very genius o
the organization of these separate depart
ments. neither has the power to exercise th
control-over the subject matter with whlcl
each department Is Individually and separate ! ;
endowed.
LEGISLATURE WENT TOO FAR.
As Is said by Alexander Hamilton , 81 Fed
crallst , page 325 , sixth edition. "The mem
bers of the legislature will rarely be chosei
with a view to those quallficatlvns which II
men for the stations of judges , and as , oi
this account , there will be great reason ti
apprehend all the 111 consequences of defectlv
Information , so on account of the natura
propensity of such bodies to party division
there will bo no less reason to fear that th
pestilential breath of faction may poison th
fountain of justice. The habit of being mar
shalled on opposite sides will bo too apt t
stllle' the voice , both of law and equity' '
Apply this cxpress'on of the use of Judlcla
power by a legislative body to the exercise o
legUlathe power by a judicial body , and th
analogy will be complete. The use ot thl
language Is not saying as to what the judl
clal body clothed with this power of politics
appointment would probably do , but the enl ,
test Is what might be done. Shall It b
said In tlmo to como that the judicial de
partment of this state , recognizing the un
limited control of the legislative departmen
over the passage ot laws , as they must , tha
because the legislature has seen fit to confe
political power upon the judicial departmen
that therefore we will exercise It If w
have the power to exercise political power a
all we have the power to exercise entlr
political power. There can be no limit t
the power thus possessed by the judiciary ,
Can It bo doubted that when the const :
tution clothed the senate and house of repre
N. B. FALCONER
We now enter upon the second week of our
GI EAT JUNE CASH SALE.
Just as fast as one bargain is sold out we have another ready to take its place. Many new and choice goods
will be sacrificed this week. We will offer even greater values than last , You all know what crowds attended our
store every day last week and you have heard them speak of the extraordinary bargains they got. Prices will be
ewer than they were ever know to be before and that too on the very choicest and most desirable goods to be found
anywhere. We want to see our store jammed full of people all day tomorrow and these are the prices to do it.
Values such as these cannot be found elsewhere.
Silks !
Silks !
Beitgalitie Silks
at 25c Yard.
In shades of drab , navy , myrtle ,
canary , heliotrope and black , actual
/aluo G3c , Monday at
25c.
Cheney Bros. ' 24-Inch Printed
China Silks , worth $1.00 , at
59c.
131 ick Armure Silk , the $1.00 qual
ity for
50c
Fancy striped Taffeta Silks , very
desirable for waists , the $1.00 qual
ity for
69c
Colored figured Alma Satin Surah
and Taffeta Silk , actually worth $1.00 ,
at
59c
Colored , striped and figured Satin
Surah Silks , In small , neat designs ,
regularly sold at $1.00 , at
-entatlves with legislative power that It In-
vesteJ them with all legislative power ? Can
t bo doubted that when the constitution pro
vided that Judicial powers should be vested In
: he supreme court and district courts , and
such other Inferior courts , etc. . that thereby
all Judicial power was thus Invested ? No
sane person can for a moment doubt that
there was an absolute prohibition against
the legislature exercising Judicial power , or
tl at the Judiciary should exerclbo legislative
power , for affirmative words vesting power
ander a constitution are construed as pro-
lilbltlng the exercise of the power by all
other departments , " says Chief Justice
Marshall In Mabury against Madison , 1
Crouch.
AFTER A CAREFUL RESEARCH.
As Is said In the care of Taylor against
Place , supra .354. "We should never dream
that the assumption of the legislative powers
by the Judiciary or the executive could be
constitutional simply because these branches
of the go\ernment are too powerless to suc
cessfully usurp them. It Is only because the
legislative body of a state Is powerful both In
numbers anil Influence of members ; because
It holda the purse , and under our consti
tution appoints as well us pays ; because
from these sources of power , to borrow the
similes of Madison , Us ambition becomes en
terprising , so that It everywhere extends the
aphere of its activity and draws all power
Into Its Impetuous vortex ; In fine , It 1s only
because It so much needs constitutional con
trol that the doubt arises whether the con
stitution does control It. "
Shall wo by reason of our ambition , which
has become enterprising , extend the "sphere
of our activity until It shall bo thrown Into
the 'Impetuous vortex' of political contention
so graphically described by Madison , end drop
the robea of judicial ermine for the political
scalpel ? As for myself I can only answer ,
wo are not endowed by the constitution with
any such functions. Upon the contrary we are
nrohlblteJ. "
I have thus carefully and fully gone over
the principles as well as authorities which
seem to bear upon the questions of legislative
and Judicial power , being at all times solici
tous that upon so important a subject and
one In which Is asserted the constitutional
power of our own departments , that the view
thus expressed should bo made as plain at
possible. It Is a matter of great delicacy U
assort the jurisdiction ot this department of
the government contrary to the views ex-
prcsted by the legislative will In the act before -
fore us. Hut In a case so clear from doubt as
Is this I should bo equally unworthy of the
post of duty In which I am place ! by the
constitution If I swerved from the duty which
that post placed upon me either from a want
of attention to or a Jiwt sense of the rights
before me or oppressed by a falsa delicacy In
passing upon a question so full ot Importance
to UE as a part of the judicial power of this
Judicial district ; or from any other cause.
No argument has been overlooked , DO
authority unconsldercd , but the conclusions
arrived at are ba. eil upon the constitution
alone , as I have been led to see It and
the writ will bo denied.
SOME DEFECTS NOT FATAL.
Judge Duffle read an opinion , stating that
he deemed the objection that existing stat
utes were amended In the canal law without
being referred to , was without merit. If
the canal trustees were created as a corpora
tion then the law did not amend any statute
affecting the ownership of county property.
If county property was placed under the
custody of trustees then no statute was
amended. He did not think that the fact
that money was to bo expended outside of
the county for the construction of the canal
was a fatal objection. Works of municipal
Improvement required the expenditure of
money outside ot the municipality. In
Walker against Cincinnati , 21 Ohio , 15 , It
was held that a municipality might Issue
bonds for a railroad. The farther It was
built the more beneficial It became , and so
of the canal.
The judge said that ho recognized the force
of Judge Ambrose's objections to the ap
pointing power of the judges. It was a ques
tion of not whether the law was wise or not ,
but hud the judges the power to appoint.
Illinois , " added the judge , "under a simi
lar constitutional provision holds that such
appointive power exists , the constitution giving
the judges the power In addition to common
law and chancery jurisdiction such other
jurisdiction as the law may provide. This
appointive power may be enjoined by the
legislature upon the judges as a duty , and
however unpleasant the duty may be , the
evil effects must be placed on the legislature ,
The other argument advanced Is that It this
constitutional clause docs not authorize the
legislature to give the judges such a power ,
then the act relating Jto the canal commis
sioners may bo construed to designate cer
tain Individuals , who by virtue of their
official position make the appointment. Sup
pose the legislature BaU the seven largest
taxpayer * should nuku the appointment and
Colored
Dress
Goods
Imported
Challies , 33c
All our French Challls that sold
at 45c and 50c on sale now at 33c.
Silk finish Henrietta , 50c.
All our best Henriettas , 40 Inches
wide , that sold at "Go and $1.00 , all
shades , Monday at GOc.
50 pieces new Novelty Dress Goods ,
marked to sell at 50c and 75c , now
25o yard.
Wrappers at 68c
Worth $1.25 and $1.50. Monday
wo place 50 dozen of our best plain
and trimmed Wrappers , that have
been selling at $1.25 and $1.50 , on
sale at GSc each. Wo have over 100
different patterns In challls , prints
and ginghams , some plain and some
trimmed with fancy braid and lace.
This Is a great sacrifice , but cost cuts
no figure In this sale.
Shirt Waists , 48c
Worth up to $1.50. All of our
Shirt Waists that sold up to $1.50
eaoli go on sale Monday at 4Sc each.
Among Uhese are white lawn waists ,
checks , stripes sjnd many new de
signs In percales and gingham. Wo
expect to sell every waist In thl ?
lot Monday , as \ \ , | s the greatest
bargain we have ever offered.
one of them was a Judge ; no one would con
tend that this would Invalidate hla acts.
"The words In ouY constitution conferring
powers on. the courts , .together with such
other Jurisdiction an the legislature may
provide. It they are. ti .have any meaning at
all , must be applied 19 something other than
legal or equitable powers , which are fully
covered In the opening words ot the clause. "
In support of this Interpretation of the law
the court read from the case of People vs.
Morgan. 80 III. , 558 , In which the validity
of an act authorizing the district judges of
Cook county to appoint park commissioners
for a park district created by the towns of
South Chicago , Hyde Park and Lake was
called In question. The court In that case
held that the act merely referred to the
judges as Individuals.
COURTS SHOULD GO SLOW.
Judge Duffle concludes that the designation
of the seven district judges In the act called
on them to perform no judicial or official
function. They occupied the same position
as any other citizen who was offered a trust
and the power not being delegated to them
as an official duty they could accept or re
ject It , and no coercive power could compel
them to act. "But the failing of the appoint
ing power , " ho continued , "would not make
the act unconstitutional , , though some other
steps on the part ot the legis
lature may bo necessary before the
act ot the legislature will become ef
fectual. The appointment of trustees by the
Judges would cither ba a duty Imposed on the
judges under the constitution or the creation
of a board , and In either e\ent would be con
stitutional. The largo and Independent
powers of the trustees , to which objection U
made , would only be exercised by the con
sent of thfi people. Objections along this
line lack force. While the people may well
weigh the wisdom of Investing five men with
a power and Influence never before extended
to public olllclals In this state. It Is not for
the court to stop between them and their
choice. " Referring to the provision that
not more than two trustees could ba selected
from one political party the court called at
tention to the constitutional clause that no
religious test should be made for office as
being the only Inhibition as to qualifications
for office In Nebraska. Political qualifica
tions were required respecting the Board ot
Fire and Police Commissioners and the su
preme court commission. The canal trus
tees are public officers In a certain sense , "
added the judge. "It Is argued that they are
mere trustees or agents of a corporation cre
ated by the legislature for the purpose of
taking and holding the title , for public us ? ,
of certain lands to bo used for canal pur
poses ; that they are a quasi public authority
belonging to the municipality of Douglas
county. The legislature seems to have been
particular In wording this act to divest the
canal trustees of all political and govern
mental authority. They are restricted to
the maintenance , repair , management and
construction of the canal. The only defini
tion applicable to stfaw , that they are public
officers Is that they .atq paid from the public
treasury. " The Jutlga held , therefore , that
they do not fall within the constitutional
meaning of county 'officer * . The court In
explaining his vlew $ onttlieso questions said
he believed It the duly' , of the judiciary to
give any reasonable , act of the legislative
department of full force. Further , ho doubted
the wisdom ot the district court In declaring
an act unconstitutional- except In cases of
emergency where tha rsonal or property
rights of an InJIvIdyiq ] , would be Invaded.
Hence , the constitutional question should be
referred to the supreme court. While be
lieving the act constitutional he was of the
opinion that the wrtBhpuld | , not issue. He
did not think a court1 should make an order
It could not enforci ? , The act left to the
county commissioners full authority to de
termine the amount of bonds to be voted on
and their discretion coliW be governed by the
courts , They conjd nullify the whole act
'
by Usulng a small ariio'iint ot bonds.
KEYSOR'S VERSION OF THE LAW.
Judge Keysor stated that after an ex
amination of the authorities ho also had con
cluded that the petition should be d amlssed
for the reasons stated by Judge Ambrose
He did not coincide with Judge Ambrose In
the view that the law was unconstitutional
because It sought to amend former acts re
lating to the powers of the county com ml li
steners over the public funds ot the county.
He agreed with Judge Dufile In his construe-
t on on thl * point and also In hie opinion that
the extraordinary writ prayed for should not
be granted for the reason that the discre
tion reposed In the county commissioners
would enable them If they saw fit , to practi
cally nullify the writ and Bet the powers ol
the court at naught , Were this the only
reason , he would hesitate to deny the writ ,
for such matters of public Interest should so
far as possible be left to the judgment of the
people.
He concurred In the proportion that the
judge * of the district court baa no power to
Ladies'
and Gents'
Furnishings.
Suspenders , 19c
Gents gilt trimmed clastic cord end
summer weight suspenders , In black ,
blues , medium and llglit shades , at
19c per pair ; regular price 35c.
I Four-iii-Hand
Wash Ties , 19c.
Ladles' and gents' new French
crystal weave , also madras and
zephyr cloth , Wash l-ln-hand Ties at
19c each ; regular price 30c ,
Ladies' Hose , 37aC.
Ladles' 50c quality Hermsdorf fast
black Hose , double soles , heels and
toes , at 37V c per pair , 2 pairs for
75c.
Misses' Hose , 8c.
Misses' 15c quality fine ribbed
fast black Hose , In sizes 6 to 9 % , at
8c per pair , 3 pairs for 25c.
appoint canal commissioners , and under the
state constitution were Incapable of receiv
ing such a grant of power. He further
added that If the Judges were competent un
der the constitution , Ihclr acts would still
be void , as the canal commlss oners would
be public officers and under the constitution
must be elected. In this he dissents from
Judge Duffle's views. If both these proposi
tions were tiuc , ho did not think It neccs-
sailly made the law unconstitutional nor did
ho desire to be understood as express ng that
opinion. "Whether the law is constitutional
or unconstitutional , the fact of the Incapabil
ity of the Judges to appoint and that the com
missioners are public ofllcers who should ba
elected by the people are sufllclent reasons for
lot granting the writ and for protecting the
icople from the expense of an election until
.ho legislature amends the law , " he added.
Judge Keysor agreed with Judge Dullle
that a court should not declare a law un-
lonstltutlonal unless the exigencies ot the
case were such as to make It necessary In
order to save the rights of a litigant befo-o
.ho court. If tills were the only considera
tion he would declare the law coiut tutlonal
and leave the supreme court to decide the
> olnt. Ho concurred with Judge Duffle In
.lie opinion that the expenditure ot money
outside the county for the Building of the
canal did not Invalidate the act. Ho con
curred In the opinion that It the judges had
.ho r ght to appoint commissioners and such
commissioners were not public officers It
would not bo depriving the people of the
right of self-government for the reason that
[ ho people , If they saw fit to vote the
jonds , thereby approved the act of the leglh-
laturo and by their vote ratified the ap
pointment and made the act their own , as
: hough they had elected the commissioners.
The Judge did not think that this act was
nvalldatcd by the provliion that the ap
pointment of commissioners should bo made
from different political parties. He adopted
the reasoning of Judge Duflle In this par
ticular.
'It Is apparent , " said Judge Koysor , that
the questions raised In this case are \ery
Important to the people of th s county and
the court Is fully advised from the argu
ments , that whatever may be the conclusions
reached , this cause will be taken to the
supreme court for final decision. I am of
the opinion that If there were no other
reasons why this writ should be denied , It
ought to be denied by this court as a formal
matter , In order that this case might go to
the supreme court upon the issues presented
to relieve any doubts that might arise as to
the power to supersede a writ of mandamus ,
or to delay the election until the case Is
disposed of. The writ should bo denied. "
D. C. Patterson , the relater who asked for
the mandamus to bo Issued , said after the
decision had been handed down : "This do-
cUlon places our case really In a better con
dition than if the court had granted the
mandamus. We shall appeal at once to the
supreme court and Intend pushing the suit
vigorously. Being the appealing party wo
will see that the case Is not delayed. The de-
clilon is really two to one In our favor.
*
BE : BIT THE BOY'3 FINGER
.Mr , UoliUtoln Vigorously Itraentt n Criti
cism of 1114 Clolhltlir Stork.
Yesterday afternoon three boys entered
th ? second-hand store of II. Goldstein , on
Doujlas street , near Eleventh , In search of
a pair cf pants. A number ot the articles
were displayed by the proprietor , but the
prices did not suit the prospective cus <
tomers , and they plainly stated tliut they
would not give ono-lcnth ot what was asked
for them. This enraged Goldstein , and ho
picked up a hammer , with which ho appar
ently Intended to resent the slur cast on
his clothing. The boy a , however , did not
remain Inactive , and soon they and Gold
stein and his wife , who wss present , were
engaged in a fight. It Is claimed by one
of the buys. C. II. lllshop , that Goldstein
seized one of his fingers between his teeth
and attempted to bite It off. This put an
effectual stop to the fight The boys started
to run , but were pursued by Officers Mitchell ,
RuEEcll and McCarty. The latter officer suc
ceeded In capturing nishop , but the other
two got away. He was arrested and charged
with disturbing the peace. Goldstein WOE
also put behind the bars , with the charge
of mayhem against him. He denies that he
bit the boy's finger , but the finger bear :
evidence of having been between somcone'c
teeth ,
I'lrnlr of Switchmen's Union.
Thla year the annual picnic ot the Switch
men's union will be held at Coffman , the dale
having been fixed for June 30 , The train
bearing the bwltchmcn and their gu its will
leave the Ilroadway depot at Council Blurts
at 9,30 In the morning and thirty mlnutei
later It will depart from the Web'ter ttrcci
depot In this city. At 11-30 In the mornlnf
a large numbir of bicycle riders will leave
Omaha for the picnic grounds , the winner tc
Linings-
Yard wide Pcrcallnes , for .waist
and skirt linings , black and all col
ors , lOc yard for the 15c quality.
Fancy waist linings , lOc yard for
the 20c and 2Gc qualities.
Bedspreads
100 extra heavy Marseilles pattern
Bedspreads , regular price $1.25 , for
this sale
85c.
Tablecloths
200 double damask pattern Table-
c'.oths , 2 yards by 2 > A , regular price
$3.75 , for this sale ,
$1.98
COO hemstitched Scarfs , 20x50 , all
llnrn , stamped In the latest styles ,
regular price 75c , for this sale
29c.
Millinery
Monday morning we will place on
sale 100 choice Trimmed Hats for
$1.98 each , worth from $5.00 up.
These are the grandest bargains ever
offered.
bo presented with a prize Immediately upon
his arrival. The entire- day will be devoted
to sports. There will be a ball game , a tug
of war , a three-legged race , 100-yard race ,
and any number of athletic contests , with
prizes to all of the winners. The prizes arc
now being exhibited In the Sixteenth street
windows of Hayden Dros' . store.
WAS HAHMON'3 CLASSMATE
Dr. Stone Tolls Sumo Tnle * Out ofSchool
Aliout thn N MV Attorney Ciinrnil.
Judge Judson Harmon of Cincinnati , 0. ,
over whose slwulders President Cleveland has
diopped the mantle ot United States attor
ney general , was a college classmate and
chum of Dr. R. M. Stone of this city. This
was some thirty years ago , but ever since
that tlmo the two men have been the warm
est friends , so much so that whenever Dr.
Stone goes cast , 'no calls on Judge Harmon ,
and whenever Judge Harmon comes west ,
he stops In this city and visits Dr. Stone.
Lost night In speaking of the appointment
of Judge Harmon , Dr. Stone stated that ho
remembered well the time when Judge Har
mon was a poor boy , teaching on Ohio dis
trict school , trying : to earn money enough to
take Slim through college. This was In 1SG4
and 1SG5. The doctor and Judge Harmon
graduated from Denlson college , a Daptlst
school at Granvllle. The day before the
graduation exercises wcro to be held a mock
program was circulated through the college.
The next morning L'IO names of the graduates
wcro read at the chapel services. The name
of Harmon was not upon the list , members
oi the faculty having an Idea that 'ho had u
part in preparing and circulating the mock
program. Everybody was Indignant , the stu
dents feeling hard toward the officers of the
school and the members of the faculty feelIng -
Ing none too friendly toward the students.
Harmon was not expelled , but he was told
to bo at the college at G o'clock the next
morning and lecclvo his diploma. He was
there on time , and with lilm there was a
brass band.
SYMPATHY FOK D2B3.
OninlmVorlininn I'UHS llonnlutlons oit Ite-
rml Ji el * on In UN Cinr.
A mass meeting of the worklngmen of
Omaha WHS held at Knights of Labor hall
last evening to take action on the recent re
fusal of the supreme court to grant a writ
of habeas corpus In the case of Eugene V.
Debs.
The hall was packed with workmen. J. n.
Schupp , president ot the Central Labor union ,
presided. Speeches wcro made by August
Dlerman , Rev. Alex. F. Irvine and "General"
Kclsey of Industrial army renown. The fol
lowing resolutions , Introduced by Kelsey ,
wore adopted :
Whereas , The supreme court of the Unlto 1
States has denied KiiKono V. Deb , president
of the American Railway union , u writ of
habeas corpus , thus denying him the right
of mi Impaitlul triul by a jury of bis pours ,
anil ,
Whereas , Such dental has Hwept awny
every rnfoguurd that protects the liberty of
the citizen ; therefore , be It
Resolved , That we , Mho worklngmen of
Omaha In innsa meeting assembled , < lo-
nounro thn action of said court un arbitrary
and unjust nnil calculated to destroy the
coiilldtuico of the masses In thn Integrity of
the Judiciary of the United States ; nnd , bo
it further
Hesolvcd , That wo call upon nil liberty-
loving citizens In the United States to de
nounce the action of paid court.
Resolutions were also adopted expressing It
as th sense of the union that the attempt of
the money power to secure control of the mil
itary was an alarming fact.
DUhmipot IVtUoliinui Arrnttml.
II. Myer was arrested late ywtorday after
noon by Detectives Hayes and Hudson for
stealing goods valued at $125 from the Kll-
patrlck-Koch Dry Goods company. M > er has
been employ oi by the firm aa a night watch
man , nnJ It eccms that during the last two
or three months he ha * been systematically
robbing the store , carrying off a few article *
each night. The firm han had a watch on
htm for several wecka and finally succeeded
In getting evidence , of his guilt. A large
quantity of different kinds of dry goods was
discovered In his homo at 1410 South Four
teenth street. Myer acknowledged his guilt
Jiicknonluitii llrnril Silver ,
A meeting of the Jacksonlan club wax held
last evening at the club rooms In the Patter
son block. The silver question was the sub
ject of discussion. Judge Langdon was made
chairman pro tern. W. S. Shoemaker am
James Shcean were the opposing debaters
the former for and the latter against free
silver The main arguments on each side of
the money question were presented *
Black
Goods
At 37 c.
All wool Storm Serge , All wool
Albatross , all wool Imperial Twill ,
all wool Nuns' Veiling , all wool fig
ured Tamlse , all wool black Novelty
Weaves , etc. , etc. , 36 , 41) ) and 40
Inches wide , sold at 65c , 75c and
S5c , all go Monday at
a Yard.
Stmbomiets , 29c
A now novelty In Infants' Sun Bon
nets , just In , white and colors ; make
the llttlo ones happy ; It's a great
fad. _
White Dresses , 48c.
Tomorrow we close a line of In
fants' White Dresses , a new , beautiful
goods , nicely trimmed , actually worth
to $1 00 ; wo start them lor 4Sc.
Sun Umbrellas , 98c
100 Sun Umbrellas , an extra qual
ity , good for sun or rain , regular
price $1 50 ; we start them for 9Sc.
New Laces ,
New Veilings ,
New Ribbons
HARPER HAS CONFESSED
Owm Tip at List that Ho Has Done a Te >
riblo Deed.
ADMITS THAT HE RUINED MAUD VEST
rolls III * FrlomU nt Uliuycnun KvorytliUiy
aiitl nt Unco TnKot I ho Tr.ilii
fur fill If oral i to Join
HUVlfo. .
CHEYENNE , Wyo. , June 7. ( Special Tele-
gram. ) John S. Harper , chief clerk In tha
surveyor general's olllco hero , confessed to
his friends this morning that he was the
seducer of Maud Vest , who committed sul-
cldo in Omaha on Wednccday while recover
ing from an unsuccessful attempt to commit
abortion.
Letters in the dead girl's effects signed
John Sharpe led to Mr. Harper's being Im
plicated. The girl was a domestic In Attor
ney General Fowler's house , whore Harper ,
who Is Mrs. Fowler's brother , boarded.
After making hU confession Harper loft on
an early morning southbound Union Pacific
train for Denver , from which place It Is
nought ho will go to California. Mrs. Har-
> or , an estimable lady who has just returned
ram a California health resort whore she has
spent the past seven months , accompanied
ler husband , _
CUltOM.lt 1101 , DISH AN AUlOI'.lV.
Doctors InicMlKnlliic tliu C'aunti of Slnuil
Vrsl'rt Dentil.
An autopsy on tl e remains of Maud Vest ,
who committed suicide at the Presbyterian
loapltal the other day , was begun nt the
uorgue at 2 o'clock yesterday afternoon. The
physicians In charge are Drs. Somors , Towne
and Davis. The Inquest will bo hold as soon
as the post mortem Is concluded.
The jury found that the dcccajed had como
.0 her death from u dose of polix > n which had
jccn administered by some unknown person
or persons. Thcro wore Indications to show
that a criminal operation had been performed
on the woman , but the physician * stated that
she had recovered from the effects of It at
the time she died.
Senator Hanson of Wyoming , who Is bo-
hlnd the Investigation , Is of the opinion that
the woman's death was caused by an over
dose ot eomo medicine which she had taken.
Some color Ix given to this by the peculiar
symptoms which accompanied the poisoning.
Dr. II. n. Davis , who attended Miss Vest , said
that the general appearances were such as to
Indicate aconite poisoning , but the symptoms
were so peculiar that ho was unable to tell
exactly what drug was used.
FIGHTING OVER A PILE OF GOLD
Coin I'nun d In tha 1'uiiixilnn ot Alleged
( rmiUn rrmoliiH l.ltlinlli > ii.
There 1s likely to bo a fight over the $153
that were found on the persons of John How
ard and Fritz Frank , the two men who are
charged with cracking the safe In the ofllco
of the Anhcuser-Husch Ilrowlng company and
alto of robbing the South Omaha saloon
keeper , Drosnlhan. Ot the money $160 wan
In gold. As the larger amount ot the money
that was stoli-n from Ilrosnlhaii was gold ,
ho thinks ho Is the first man who Is entitled
to the money that Is now In the hands ot
the police and consequently his attorney ! )
made a demand for It yesterday. Jailor
ll.ivey refused to give It up. The matter will
como up for hearing Juno 14.
The Anheuier-IliiBtli company will also
rnalto an effort to get the money , and the at
torney for the prisoners soys that neither
will get It , but that It will remain the prop
erty of his clients.
*
'STRAIOHT DEMOOIIATS.
Mooting of Slute Cenlriil Oniniulttuo lulled
for iliino 87.
Chairman Euclid Martin and Secretary J , I ) . 4
Shecan of the "straight" democratic Hsto
central commit ! o have called a meeting of 1
tlie committee at the Merchants hotel June
27. At thU meeting the date tor holding tha
state convention will be fixed and measure *
taken for the organization ot "straight"
county central committees la all counties.