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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 16, 1899)
THE OMAHA DAILY 11EE : SATURDAY , DECEMBER 10 , 1899. Any of these books will be sent postpaid , "on approval * " From The to be paid for or returned after examination , or , they can be found at the local booksellers. ' ERE-are books by "Western mon- two from California , one from Kansas , one from Nebraska , and one from Indiana. All arc new authors ( indeed , three of these are "first-books" ) , yet they are , without exception , writers of most striking force and originality men who really count. In a recent interview Mr. W. B. Howells said of two of those men : "Well , there is Frank Norris , lie ' wrote 'MuTengue. ' I read that book with wonderful interest. Frankly I consider it one of the best novels America has produced. It has its fnS Never was a work of art that hadn't. It makes a promise , and fulfills it , in itself. Mr. Norris has arrived. And Booth Tarkington. His story of Indiana is a splendid piece of work ; every whit as good as the novels England sends us over the names of her young men. " Sons The Court 4S 4S of Strength of Boyville William R. By Lighten. A Romance of the Kansas Border Wars. By William Allen White. Gfiicago Times-Herald : . LIGrllTON displays , (7th ( thousand. ) great psychological insight strong MK. dramatic sense and much descriptive power. The phe . WHITE has few equals as a delineator of the joys and nomena of a child's first consciousness , of the awakening MR. woes of that strange genus , the Boy , and the chronicles from the dream of childhood , is a favorite theme with novelists , of " " . Jones " " and the other "Mealy" , "Piggy" Pennington , yet nowhere has it been more beautifully touched than here. inhabitants of " " . The attractive T/w Outlook ; "Boyvillo" are entirely fascinating. illustrations Orson Lowell and Gustav Verboek , added This is a One and stirring tale of the Free Soilers of 1854. In , by give an 4S cidentally it gives an interesting portrait of that 'heaven-born , ' or distinction to a book which is quite unique. Size 5x7 ; price § 1.50. 'heaven-directed ' madman'John Brown. The characters in this By Mr. White : "The Real Issue ; " a book of Kansas stories. story'of the Kansas Border Wars have that charm always found " ( Fourth printing. ) Price $1.00. when strength and purity meet and are effectively delineated. iigj The Gentleman from Indiana The Man With The Hoe , By Booth Tarkington. By Frank Norris. . 7 and Other Poems by Edwin Markham. thousand. T would be difficult to imagine anything more different from (20th ( ) thousand. Mr. JNorris's last book than this charming little love idyll (18th ( ) A STRONG and Realistic novel of the "Middle West , " which of a young California reporter-novelist. Yet it bhows the OT for many years has any poem excited so much interest is proving the most successful novel of the season , by a same vivid reality which caused Mr. Howells to point out ' 'Me- as has Mr. Markham's now famous voicing of the protest new writer. Mr. James Whitcomb Riley says : "Subtly , Teague" as an "altogether remarkable book , " abounding "in against life's inequalities which he saw in Millet's paint ' little miracles of observation , in vivid insight , in simple and ing. "It is his eager sympathy , " says George Hainlin Fitch , yet most kindly observant , with a true artist's and home- feelings - subtle expression. " Size , 5x7 * ; Price , 81.25. ' 'which lifts it into the ranks of the great classics that will not heart , he tells of the home-people as ho knows and loves them. " By Mr. Norris : "McTeague : " A Story of San Francisco. die. " This is the author's first collection of poems , with a Cloth , decorated , price $1.50. (5th ( printing ) $1.50 ; and "Moraii of the Lady Letty , " $1. photogravure of Millet's painting. Size , 5x7i ; Price , Si , net. Doubleday McClure Company , 141-155 E. 25th St. , New York. CAN ALLEN TAKE BIS SEAT Interesting Question Baised Whether Gov ernor Oan Fjll tbe Vaoanoy. i > > SENATE MAYBECALLED UPONTOPASSON IT OiilnloiiN of Ki'ulucnt CoiiHtltntlonnl Lawyer * JJlirer on the Snli- > , .Jcct Wluit They Sny ' ' ' About It. Tbo question Is now propounded whether William V. Allen , Just commissioned to nil the vacant senatorshlp from Nebraska , Is entitled to take bis scat and whether his credentials will bo recognized by the senate. The pofn't'has been raised by Captain C. B. Adams 'of'Siperlor ' ) , who ran for congress last year. Captain Adams was summoned to Senator Ildywnrd's bcdsldo before his death , but was unable to talk with him. Ho was- told by hts son , however , that what was worrying bU father most was that ho bad not qualified as senator and feared ho would never , , bo able to assume the office. "Tho , question IB , " says Captain Adams , "how can a vacanqy within tbe filling of the governor baVo occurred If Hayward was In reality never senator , but merely senator- elect ? The va'cancy occurred at the explra- tloiu.of Senator Allen's term last March. Was It filled ? If not , Is not the condlton | In Nebraska the same as that In Pennsyl vania , where the vacancy occurred during a session ot tlio legislature , but was not 'tilled. ' Young Hayward told mo his father bad examined the precedents and found none to support him being a senator before he qualified by taking the oath of office. I do not feel competent t'o pass on the question , but It seems to mo'imost serious and de manding careful consideration at the bands of the senate. OlitnloiiM of the LnvrycrM. This situation presented to , a number of prominent constitutional lawyers has elicited the following opinions : Judge J. M. Woolworth ; "Although I have not looked up the point recently It is my opinion that Hayward was not a senator at the time of his' death. . SInce bo had not duly taken the oath ot office the status Is the same as If bo bad never been elected. The vacancy would , therefore , data from tbo last seealon of tbo legislature and there Is doubt whether the governor' has tbe power to ap point tbo senator. " Klcazor 0 , Wakoley : "The question Is ono Involved' In politics and falls more within the scope of senatorial procedure than law , The constitution gays that the governor may fill a vacancy temporarily when It occurs during a legislative recess. Now , > ou could , hardly aay that a vacancy existed before thq * death of JIayward , even though ho had ' not qualified , The senate has never _ observed any consistent precedent In" matters of this sort and the opinion of qutslde attorneys are of no Value one way or the other. The question Van only bo decided when Allen presents his credentials to the senate. " George W. Doano : "There Is no doubt In ivy mind but what Hayward was to all Intents and .purposes a senator. Whether he over took ( ho oath or not I do not know , but the presumption of tbe law alwayu Is that what ought to be done and what ono Is entltled-to doIsdone. . There was cer tainly no legal vacancy while Hayward was eenator-elect , and In my opinion the gov ernor l acting under proper authority In appointing his successor. " John P. Cown | : "In my opinion tbo ex ecutive had the power of appointment at the time Senator1 Alien was named , I do cot think there woo such a vacancy In the office , while tbo legislature was In ses sion , as is contemplated by the constitu tion. " C. A. Baldwin : "The problem Is an unique one , and I have never met with a similar one during the forty years I have been conversant with public affairs. There are certainly two things necessary to the election ot a senator : First , be must b < i elected by the legislature , and second , he must bo duly qualified. Hayward was never qualified and therefore was not a senator. Whether the vacancy would legally date from the session of the last legislature , leaving the governor powerlcas to fill the vacancy , Is something I honestly don i know. "Suppose it should have developed prior to Hayward'e death that he was a foreigner and had no right to hold office. It seems reasonable In that case that the vacancy would have existed from the expiration of the previous term. The situation Is not similar to the Quay case exactly , as the Pennsylvania legislature had full chance to act and failed to take advantage ot It , while the Nebraska legislature did all that was In Its power. The fact remains , however , that Hayward was only half a senator and whether sufficiently so to meet the require , ments of the statute Is a grave question. " Attorney fimcrnl Smyth OMAHA , Dec. 14 , 1899 , To the Editor of The Bee : Upon my return this morning from tbe east I was Informed that It was stated In a dispatch purporting to come from Washington and published In The IIec that I actively aided In procuring and sending dispatches from Washington to Governor Poynter urging the appointment of Judge Allen to the vacancy created by the death of Senator Hayward. I bavo not seen tbe | dispatch , but it I have been given Its sub stance correctly , there Vras not a word ot truth in U. I neither sent nor advlacd the aendlng of dispatches or any other kind of communication to Governor Poynter either for or against Judge Allen or any other candidate. Tbo first Intimation or knowl edge that I had "with reepect to the dis patches sent to the governor was received on Friday afternoon last , when I was told by ono of the members of tbo Nebraska del egation that dispatches had been sent , that an answer thereto had been received and a reply to the answer forwarded. AH these dispatches had been sent and received before I had exchanged a word upon any subject with any member of the Nebraska delega tion and before I know anything whatever about them. The fact Is , not until C o'clock last night did I know anything of the nature ot the contest between the friends of tbo senatorial aspirants , tbo newspaper dis patches from hero which I saw not giving even an outline of campaign which resulted In Judge Allen's appointment. Itespectfully , C. J. SMYTH. Family Skeleton In Jnll. Frederick Krnuso , living nt 913 South Thirteenth street , was arrested Thursday night and placed In the city Jail on the charge of being drunk and disorderly. Hla father came to the station later and ux- plalnrd that his HOII was a very nice sort of a lad , but lie had one fulling ; bo would insist on ( Incline a butcher knife and chas ing Ills parentH about tbe IIOUKO with It. Not that ho had anythingngulnst the old folks , but It was a form of amui.emcnt that Fredelck took to like a duck to water. The ono thing that would nmku the hoy's cup of Joy comjileto would he to catch the old man and throw him down and Hit on him while ho went through his pockets for money to buy beer with. This Is the only disturber of the peace and quiet In the Kruiisc household , and the parents have nought relief In the police. Thla morning while the boy was being held behind tlio liart ) the elder Krautie took the advlco of the police and appeared before Justlco Baldwin and secured a warrant to i > lace the boy under bonds to keep the peace , The young man has already served a term ! In thu Htate reform nchool. "I was nearly dead with uyspepcla , tried doctors , visited mineral springs and grow worse. 1 used Kodol Dyspepsia Cure. That cured me. " It digests what you eat. Cures Indigestion , sour stomach , heartburn and all forme ot dyspepsia. WILL GET THEM OUT AT ONCE County Authorities Will Have Annonnce- menta of Rewards Printed , DILATORY IN REACHING A DETERMINATION I'nhllc Will nt I-iiHt lie Informed that County CoinnilHNloiierN Will Pay for AiiiirehviiNioii of Slayer of Lizzie McAullire. I 1 Cards will doubtless be printed and Issued at once announcing the offer of ? 400 reward for the apprehension and conviction of Stephen C. Van Hynnlng , who Is wanted for trial upon the charge of murder growing out ot the death by violence of Lizzie MeAullffe on Park avenue one night last August. The father ot the dead girl has been In Omaha ever since shortly after her tragic death , trying to urge along steps for the apprehen sion of Van Hynnlng. A characteristic assault - I ' sault upon the police In the World-Hcra'.d ' brings to light some Interesting facts , which assuredly do not reflect In any manner up an the police , who have been appreciably active In the matter. The Intimation Is given In this assault upon the police thct they have not sent out notices of the offer of rewa-ds because they were ambitious to capture the fugitive themselves and thus secure the re- , ward. Chief Donahue was shown tbe article , I in response to which he said : I "It Is entirely uncalled for and not founded ' upon fact. To show that we have not been j ' neglectful In the matter , I need only tell you' that Immediately after the so-called murder ( for wo do not think It was a murder , al though Van Hynnlng was undoubtedly responsible for the girl's death ) , as soon as wo could learn the name and description of the fellow we sent out over JOO letters t9 the marshals , chiefs of police and sheriff ! of j surrounding cities , embodying his dcscrlp- ! tlou. At the bottom of each letter wo sa d that an effort would be made to have liberal rewards offered for Van Hynnlng'3 appre hension and urged officers everywhere to use every endeavor to locate him. KnowIng - Ing that he had worked before In railroad camp , w'e sent these letters also to ths timekeepers of over twenty of these camrs. It was reported that Van Hynnlng had worked at a camp at Alliance for one day Just after the murder , but wo Investigated , the report and found that there was nothing In It. It was reported that ho had worked , for a contractor named Tom dishing , but wo got hold of dialling and found out that ho bad only worked there before the murder. Iteeoiiimciided n Ite\winl. "I at once went to work to get the county commissioners to offer a suitable reward. I consulted one of tbo commissioners myuelf. and I consulted Coroner Swanson and got him to Intercede with tlio commissioners to the same end , At that time thu county at torney was away on his vacation , up In Mon tana , I believe , and the commissioners said they could not do anything except upon ad vice of the county attorney. On the day of the return of County Attorney Shields I called him up and asked him Jo advise the commissioners to offer a reward. He asked me how much should be offered and 1 told him I thought about $200. He agree ; ! with mo and said ho would recommend It. Two or three weeks after that the commissioners did authorize tbo offer of n reward of that amount. Oscar Karbach , secretary for 'ho chief of police , at once called upon the com- mUnlouers to urge the printing of a circular announcing the reward. Ho assured Inn county authorities that If they did not pro- pre > e to have the circulars printed the police department would do so , as It was Important that they bo gotten out ai onco. He was aagurod that tbe commissioners would at tend to the printing of them , and he fur nished the necessary description of the fugi tive. "SInco that tlmo he has visited the com missioners frequently In an effort to have them get out the announcements. At one tlmo he vas told that they were In the hands of the printer , but when he asked the name of the printer ho was unable to se cure It. We have done all we could to hurry up the issue of the announcements , and If' they are not out It is certainly not our fault. " r.fTorlN of the Rlrl'H Fnther. Confirmatory of thla statement of the facts It may be said that Mr. MeAullffe , father of the young woman , was circulating around among the city and county ofllcere today en deavoring to secure tbe printing of the an nouncement of tbe rewards for circulation among ofllcials of surrounding sections. He called upon the county commissioners and gleaned the Information that the original de scription of the prisoner furnished the com missioners by Secretary Karbach had been lost , and upon this Information ho called upon the secretary and secured the descrip tion anew. This he furnished the county commissioners anil yesterday Commissioner Hector said that the cards would probably bo out during the day. Ho eald that the commlsaloncrs had agreed to print the an nouncements because the chief declared that there was no city fund to pay for such work , but ho had alwajs supposed that such printIng - Ing should bo furnished by the police depart ment. About ten days ago Sheriff McDonald j had represented to the commissioners that tbo reward was of little avail unless there could bo found some way in whish to nd- vertlso it , and the sheriff had been directed to ascertain the probable cost of the print ing and report. HcMViird hy Slnte Will He Announced , Chief Donahue explained the .reasons of the police for thinking that the death of tbo young woman was not an Intentional act upon the part of Van Hynnlng. He had taken the girl out driving and they had gone to the extreme western limit cf the city. It la the theory of the police that upon reaching the outskirts ot the city Van Hynnlng had made advances to her which were rejected , and that ho , being drunk , her refusal angered him beyond control. Ho started the horse at full speed toward the ventral part of the city , and It was probably In trying to wrest the lines and the whip from hid hands that j I the girl was thrown from the buggy , strlk- ' Ing the curb and fracturing her skull. It Is reasoned that If Van Hynnlng bad meant murder , ho would not bavo drlvon toward tbo central portions of the city , but rather i i away from them. But while they are not' ' Inclined to think It was a deliberate mur der , the police have not neglected any ave nue of Information that may lead to the ap prehension of Van Hynnlng. They speedily ascertained to their own satisfaction that there was no truth In the report that ho wont to Alliance and workoj there after leaving Omaha. Chief Donahue says that there Is now under arrest In one of the In terior towns cf this state n young man answering fully the description cf Van Hyn I nlng except that ho Is represented to bo much younger than the Blatter Is supposed to be. The police are awaiting tbe arrival of a picture of this suspect. The dead girl's father Is evidently a hardi ' working man. Ho 1ms 'betm at work In Omaha by tbo day ever since hla arrival lust August , while hla family Is In Dapver. Ho U unable to further the search put of his own slender resources , and about'.all that he has keen able to do haw been to puL in such tlmo as ho could spare from work in punching up the county commissioners. At one tlmo he was Informed , ho eay'by one of the commissioners thatlieyypro'blnk ( ( - Ing of withdrawing the- regard , DoWltt'i Little harly Hlte.-n purify ( be blord , clean tbo lUer , Invlg irate the system. Famouu little pills for constlpatlop and Jlycr troubles. JUDGE HOPEWEIL IS CITED He is Directed to Appear Before Judge Scott and Explain. NEW CHAPTER IN DODD HABEAS CORPUS Keeper * of the Two MlNxiiis Children Arc AlMO Ordered Ilio Court J.ull In Coiitemut I'roeeed- t rrciiclierx. Ex-Judge M. n. Hopowoll of Tckamab , formerly of the district court bench , must appear before Judge Scott and make ex planation concerning the part be Is said to bavo talcen in tbe case of the Dodd chil dren , who have for some time been before the court on habeas corpus proceedings. This is simply an additional chapter to a I lengthy and somewhat sensational story of litigation. Judge Hopewell formerly sat on ' the bench now occupied by Judge Scott. | The order citing the appearance of Judge , Hopewell also includes J. L. Barnes and j wife of Alma , Neb. , and J. D. Gordon and f wife of Craig , Neb. The Gordon and Barnes families are drawn Into the case by reason of the fact that they are the keepers of two Dodd children , Clara and Marvel , who have not yet been produced In court despite the prolonged efforts of the court and subordi nate officers. These children were given to the Barnses and tbe Gordons by the Ne braska Children's Homo society , defendant in the habeas corpus proceedings. A deputy sheriff has boon sent after the parties men tioned and ho will probably make a return on the writ when court opens today. The allegation against Judge Hopowell Is that ho has given advlco to the effect that the keepers of the children do not need to produce them In court. The specific point to bo explained Is by what authority the Gordons and the Harrises and Judge Hope- well are holding Marvel and Clara Dodd. A supplemental petition has been (11 ( oil In the habeas corpus cose In which It la set I out that the organization of the Nebraska Children's Homo society Is not founded on law and that there U no law authorizing any Institution to "receive , control and dispose of children , " and that any contract entered into to that effect Is void. The plaintiffs say the habeas corpus might have been disposed of long ago but for the j fact that the sheriff has been unable to bring the two missing children Into court. There is a lull In tbe proceedings against Itevs. Mackay and Herring and Mr , Harford , against whom lines were entered on the ' charge of contempt. The attorneys for the defendants have a motion before Judge j Scott asking for a new trial. It was pro-1 scnted yesterday morning , but owing to a rush of other cases Judge Scott said he could not take It up until 10 o'clock today. Meanwhile the preachers are at lib erty. Falling to get what they seek before Judge Scott , application for a supcrsoJoas will bo made at once to the supreme court. SH.\ > X.4IIA.N IS KOU.M ) NOT fltlll/l'Y. South Oiniiliii Snloonkei'iier IN Ae- ijulttiMl of tin * Mimler of lid .Joyce. After about four hours' deliberation , a jury In Judge Baker's court , returned a verdict at not guilty In the case of John Shannabun , the South Omaha saloonkeeper , tried for the murder of Ed Joyce. Shannahan eat In the court room along side of his wife and baby when thu verdict was announced. He made no demonstra tion , but Joy was written on his countenance as the words "not guilty" were pronounced , Mm. Shannahan leaned forward as if to pay something to her husband , but she chocked herself , If oho had such Intention , and a moment later Shannahan went to the court room door and extended his band to the jurors and witnesses n they passed out. | This took place outside of the court room , for It Is a fixed rule of Judge Baker to al low no demonstration , cither of Joy or sorrow row , around his bench. A few minutes after the verdict , Shannaban took bis wife and babe and went home. Sometime within the next few months , he must undergo an other trial for murder , for ho killed Ed Callahan - lahan nt the same time ho killed Joyce , and separate Information was filed. The facts In each case are substantially the same. NULIGII 1IAX1C WllECICING CASE. \iiineroiiM RnolCH mill IlociimcntK Arc Introduced ill Evlileiiee. The case of the United States against the rtelmcrs and Allder , the parties charged with wrecking the First National Bank of Nellgh , continues to drag along In tbe United States court before Judge Munger and a Jury. Wbllo the defendants are charged with a crime that means tbe penitentiary If they are convicted , the hearing attracts little at tention. Few spectators aside from the Jurors and Interested parties are present. Up to this time only half a dozen witnesses have been examined , and so far they have testified from the books of the bonks , show ing the manner of conducting the business. Bookkeeper Spencer was on the stand yesterday and will be subjected to the ques tioning of the atorneys for some time yet. He has Identified the books , checks and de posit slips , but up to this time has failed to testify to anything of a sensational nature. ' The opinion of the attorneys seems to bo that the case will hang on until Christmas and possibly longer. IXFOUMATIO.V FOILMJ Motion to ( liiiiHh the ChnrKU of 13m- her.zleiiieut AKiiliiNt T. II. Couley. The case of Thomas H. Cooley , alleged to have embezzled money during his tenure MS treasurer for the several railroads run ning Into the Webster street depot , was called in Judge Baker's ' court Friday afterI I neon , but by reason of an alleged Irregu larity in the Information tbe trial did not proceed , The defense filed a motion lo quash on the | ' grounds that the Information charges four separate offenses In one count , by specifying four different sums of money , each said represent tbo amount of the embezzlement. Judge Baker said bo would hear argument on the motion December 2i , and until that preliminary la gotio through with there Is no.telllng whether Cooley will be dismissed from the court or go to trial. Mil. II.UIIUS .MUST .SHOW CAUSE. Wreelclnir Conuiniiy Airent He fore .Scott on AlleKOtloii Hi Contempt. George C. Fester , one of the numerous creditors of the lute exposition management , has caused Frank Harris , local manager of the Chicago Wrecking company , to appear before Judge Scott to show cause why be Is not guilty of contempt of court. It IH al leged that the wrecking company razed a building on the exposition grounds upon which Foster had a lien and that It did BO In violation of a restraining order Issued by the court. Judge Scott opened the case at 2 o'clock yesterday , but continued the hear Ing until Tuesday. Note * of thu CoiirlM. Mrs. Saruh Virginia Clmso wnu on Friday afternoon granted n dlvorco from Bamuel W. Chnbo on thu ground of nonuupport , Frances 15 , Peel has sued John V. I'eel for divorce , alleging non-HUpport. The Peels were married at North Plattp. May 23 , 1850 , but havu been residents of Omuhu for sev eral years , Judge Fawwtt lias ( trained dlvorco lo Mury Agnes Hraaach from William It. llraasch , cruelty and failureto support bo- IIIK the nllcKUtlonx. Judge I'mvt-eU also Krunted a decrcu of separation to Henry F. Karloy i-.Balnnt Adu Karley on the ground of desertion , After belnd out twunty.four hours the , Jury In thu cane of J , H Wallenu against the Armour Kicking company was unahlo to arjreo and was dlscharzrd. Wiillena wag injured wb'lo In th employ of the defend ant at ItH South Omaha plant and drought suit In I'nlted States court for I5OW. al- defective machinery. The Oreat Out Price Piano Sale , , , , Is Still Going on at . . . Don't fail to read our ad. in Sunday Bee on page 15. SKATES SHARPENED 15c OMAHA BICYCLE CO , , Cur. 10th and Chicago Sts. FOlt SALE Lumber und mat rUI ot all binds. We purchased The Greater Ameri can Exposition. Our branch office U locat ed In tbe Administration Building In th Exposition Grounds and wo would be pleaa- td to furnish all Information. Write for our catalogue with lone distance telephone In office. office.CHICAGO HOUSE WRECKING CO. Chlcht > lcr > ifarllth Dluatrd n 0. ) 'A Origin * ! and Only Qeaulne. * ri. fclwtji rdUtli. Molts tik . ' nickuttri tuMtH Hit I n4 la Hf d ted < , M ni > ullit\ l 4 llt > t > u < rll'Uo , TaLe r. IttfuH dQnytrmt Itibtlitv * tfUffcni. At UrUfclui. r "IMIcf p for tot T.u.llt D&rtlooUri , . ; .l.iur. ir.UmoaUll t , , , it 1UIL lli.OOU TMilanUli. , ir . lir > l rCtiuatcatt'i > . , M < IUonAg > oil tillUct : biu < iiu. : J'JIILAUA , ,