Nebraska Newspapers

    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
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Cur. 10th and Chicago Sts.
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* ri. fclwtji rdUtli. Molts tik .
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