fllborton's Butbcntic, Complete (Copyrighted 1000. All rlchts reserved.) lij courtesy of Editors and Publishers of Morton's Hlitory, tho Publishers Newspaper Union of Lin- coin, Nebraska, Is permitted its reproduction In papers of their Issuo CHAPTER VI CONTINUED (20) "When tho first govornor arrived In this territory lio found but ono plnco ontltlcd to tho nnmo of village, oven, nnywhoro north of tho I'lntto rlvor. Tho town of Bollovuo, tho first town-slto north of tho Platte, wan tho placo whoro It wns known It wan his Intention to locate tho capital. IIIh death, however, loft tho matter in other hands, and tho capital was lo cated at Its present slto. Your com mltteo aro loth to say what Influences nro universally believed to havo boon brought to bear in Inducing tho pros ont location. It 1b BUlIlclent for them to say that tho peoplo of tho territory aro by no means satisfied with tho location or with tho means by which it was located, and still less by tho meanB by which it has boon kept there." Omaha was exactly midway between tho north and south limits of papula tion at that tlmo, and nearer tho edi tor of tho north and south limits of tho praspoctlvo nnd now actual stato than Ilollovuo. Distances east and west wuro of llttlo consequence, be causo it was thought that for an In definite tlmo to come tho country would not bo settled more than forty miles westward from tho rlvor. Re gard for tho Bontlmont of tho peoplo and for superior eligibility as a Hlto for a city and ns a point for a railroad crossing certainly would havo niado Iicllevue tho capital. Rut the popula tion was so juuall and so shifting that this consideration was of llttlo coiibo quenco. Tho now order of man-mado cities was soon to bo Illustrated In Omaha herself, so that tho priority argument for Ilollovuo bad llttlo weight. It is a truth or abstraction of small practical consequence to say that Act ing Governor Cuming should havo con vened tho first IcglBlaturo at Rellevuo In nccordanco with tho decision of Governor Burt, though there waB at most nono other than a moral obliga tion to do bo. It would bo more to tho purposo to say that Acting Gov ornor Cuming should havo fairly ap portioned tho members of tho first IcglBlaturo, bo that tho South Platte, or anti-Onmhn settlors would havo had tho majority to which they wero entitled. In that caso tho IcglBlaturo would pcrhays havo located tho cap ital at Bellovuo, whoro It would havo remained, not unlikely, to tho present tlmo, nnd whoro tho Union Pacific brldgo and tonnnals w.ould havo fol lowed It. In othor words, Bollevuo would havo taken tho placo of Omaha as tho commercial capital of Nebraska Jmt moro than that, for an Indefinite tlmo would havo been tho political capital also. But wo say "porhaps," because tho samo potent Iowa. In miCfiGG, focused at Council Bluffs', which after years of effort had com "passed territorial organization nnd mado Nebraska a separate torrltory, might havo prevailed In splto of any adverse Initiative of tho govornor. To contomplato this might-have-been, to conjuro In tho mind tho splendid dual capital which might havo adorned tho beautiful slto tho most beautiful as well as tho most ollgiblo of tho avail ablo sites of tho now deserted vlllago Is porhapB ldlo speculation, or at most a fascinating fancy. But to rolato tho facts and Interpret tho motives which Contributed to this Important incident in tho beginning of a commonwealth is legitimate history. On Saturday, October 21, the gov ornor Issued tho second proclamation which announced that an enumeration of tho Inhabitants of tho torrltory would begin Octobor 24, tho purposo of tho notice being to onnblo persons who woro temporarily nbsont from tho torrltory to return In tlmo for tho census. Tho third proclamation, dated Octobor 2G, gavo Instructions as to tho duties of tho six deputy marshals who woro to tako tho census In tho six districts Into which tho torrltory had boon divided for that purpose tho first three lying north and tho last threo south of Piatto rlvor. Accord ing to tho Instructions tho work was to bo completed by tho 20th of tho fol lowing Novomber and roturns to bo mado to Mr. Llndloy. postmaster. Omaha City, or to tho govornor, at tno mission nouso, liouovuo. Tho gov ernor appointed as enumerators Josoph I. Sharp, first district; Charles B. Smith, second district; Michael Murphy, third district; Ell R. Doylo and yv. symmos, lourtn district; Munson H. Clark, fifth district; unarics w. rterco. stxtn district. Tho fourth proclamation, mado No vombor 18, I8H4, appointed Thursday. Novomber 30, as a day of thanksgiv ing. Tho fifth, dated Novomber 23 1854, promulgated rules for tho olec tions. Tho Bixth oxecutivo document pertaining to territorial organization issued Novomber 23. 1854, proclamed that elections should bo hold Docom ber 12, 1854, to choose a dolegato to congress nnd members of a loglsla turo which was to meet January 8 1855. Tho sovonth nroclamntlon. Is sued December 15, 1854, authorized a special election at Nebraska City on tho 21st of that month to fill tho va cancy In tho council loft by a tlo voto cast at tho regular olectlon. On tho 20th day of December tho last two proclamations pertaining to terrltorla organization woro Issued, ono convon Ing tho legislature at Omaha, and on tho 16th Instead of tho 8th of January, 1855, tho othor announcing tho organi zation of tho Judiciary system, and designating judrrps nf probate 1ustlcc of tho peace, sheriffs, constables and clerks for tho several counties, and History of In tho Bamo proclamation the three Judges woro placed. Chief Justice Ferguson was assigned to tho first district, comprising Douglas and Dodgo counties; Justice Harden to tho second, embracing all of tho counties south of the Platte river; and Justice Bradley to tho third district, com prising the counties of Burt ami Wash ington. Judgo Ferguson arrived In the territory October 11, 1854, and tho noxa day look tho oath of office be fore Secretary Cuming "at, tho town of Bollevuo." Judge Bradley arrived Octobor 14, and took tho oath before Judgo Ferguson at Omaha City, Oc tober 28; Judgo Hardin arrived De cember 1, and took the oath boforo Judgo Ferguson nt Bollevuo, December 4. Attorney General Estabrook ar rived at Omaha City, January 22, 1855, and took tho oath before Secretary Cuming. Marshal Izard arrived Oc tober 20. and took the oath before Judgo Ferguson, at Bellovuo, October 14. Tho Palladium of December C gives this account of Judgo Harden: "Hon. Edwnrd R. Harden, one of tho nsBoclato Judges of Nebraska, ac companied by tho clerk of his court, M. W. Rldon, nnd J. D. White, Esq., of Georgia, arrived at Bollevuo, De comber 4. Tho Judgo Is a middle aged man, sparo In person and to ap pearanco quito feoblc In constitution his manners, dreBs and equipage all Dear tho stamp of domocratis sim plicity and economy. Ho is courteous in manner, agTeablo and nffablo In conversation." On tho 23d of December tho gov ornor called for two volunteer regl monts for defense ngalnBt tho Indians. Tho dato marks of thoso stato papers show that tho oxecutivo office was wherever tho governor happened to bo when ho desired to perform an oxecutivo act; and they faintly sug gest that tho aspirations and hopes of each hamlet to become tho capital wero delicately nurtured, or at least not Inconsiderably or prematurely blighted. Giving a strict construction to tho provision of tho organic act that noth ing thoreln contained "shall be con strued to impair tho rights of person or property now pertaining to tho In dians in snid territory so long as such rights shall remain unextinguished by treaty between tho United States and such Indinns, or to includo any ter ritory, which by treaty with any In dian tribe, is not without tho consent of said tribe, to bo included within tho territorial limits or Jurisdiction of any Btato or territory," ho had aimed to includo In these districts only such territory na hod been ac tually relinquished by tho Indians. But doubt as to tho scopo of this re striction having arisen, on tho 1st of November Governor Cuming ad- rossed a letter to tho commissioner of Indian affairs asking whether ho had dono fight to restrict election privileges to U1030 actually within the Otoo and Omaha cessions nnd to Ox cludo "tho trndors and others north ward of tho Blackbird Hills, who by tho Intercourse act of 1834 havo been given special privileges, or thoso in any othor part of tho territory who aro living on Indian lands not yet ceded, but to restrict all election con trol within tho Omaha and Otoo ces sions, reaching north to tho Aoway river, south to tho llttlo Nemaha rlvor and west to tho lands of tho Paw nees." "Some of tho territorial officers and many of the citizens," ho said, contend that olectlon precincts should bo established over all tho tor rltory wherever white men (traders and othors) reside comprising tho Sioux, Blackfeet. Crows and other tribes. Others nro of tho opinion that such olection privileges should not only bo enjoyed by tho settlers within tho Omaha and Otoo cossions whore It Is now understood that tho whites havo tho authority of tho govornmont to make a permanent resldoneo." Tho commissioners was asked to "stato also whether thero Is any neutral or United States ground south of tho Piatto rlvor, south and west of tho Otoo and Missouri cesBlon, whoro an olectlon precinct may bo mado." Tho commlSBloner, Mr. George W, Manyponny( nnswored that, "Whoro thero has boon no cession mado by an Indian trlbo. ns has not been dono by tho Sioux, tho Blackfeet. tho Crows, tho Poncas, and some othors, any cx orclso of authority for territorial pur poses by tho government would bo In my opinion in contravention of tho proviso of tho act organizing tho tor rltory." To Govornor Cuming's second ques tion tho commissioner replied: "Tho country west, of tho half-breeds and south of tho Piatto rlvor west of the Otoo nnd Missouri cession am' bounded on tho north by tho Piatto rlvor as far back as 101 dogreos west of lonuitudo. nnd from that point In a southwesterly direction to tho lino divldlmr Kansas and Nebraska nenr tho 203d. degree Is of such character.' In necordnnco with tho commission er's opinion tho govornor sent Deputy Marshal Josso Lowo to spy out this "United States ground" to tho south wost. Tho only record wo havo of tho objoct and result, of this Investigation Is contnlned In Marshall Lowe's re port Docembor 10 ,1854: "To Acting Govornor T. B. Coming "Sir: Having boon sent by you to establish what is called Jones county, bounded as follows, commencing CO miles1 west from, tho Missouri rlvor at tho north corner of Richardson county; thence west along tho south bank of tho Plntte rlvor to "tho 101st IKkbraska degree of west longltudo; thenco southwesterly to tho boundary be tweon Kansas and Nebraska at the 203d degroo of west longltudo; thence along Bald boundnry to tho southwest corner of Richardson county; and thenco to tho place of beginning, and Instructed to apportion to said county ono representative or moro as the number of Inhabitants should require, I respectfully report that by ascer taining from satisfactory information that thoro aro no votors in said county unless a few living in tho neighborhood of Bolews precinct in Richardson county, and who would naturally voto at said precinct, nnd believing furthermore from satisfac tory Information, that Richardson county has been glvon moro than hor Just representation, I am of opinion that no apportionment should bo mado for Jones county. "Very respectfully, MARK W. IZARD, Marshal, "By Josso Lowo, Deputy." Govornor Cuming sent tho following curious announcement: "Omaha City, Nov. 30, 1854. "To Editors Newspapers: "Dear Sir: The deputy territorial marshal has boon sent below tho 'Piatto' In tho neighborhood of 'tho Blues to establish a now county. "Tho notices of election In tho cen sus district above tho Piatto (Belle view and Omaha) will not bo circu lated until ho can be heard from, as It will bo Impossible till then to cor rectly fix tho apportionment, which Is , iimueu oy law to a certain number for the whole territory. "It will bo well to make this an nouncement public. The othor coun ties havo received their apportion ment and this is the only district in tho torrtory where this course will be pursued, It being the most compact and least subject to Injury by delay. "Respectfully yours , "T. B. CUMING. "Acting Governor of Nebraska. Tho inference from this communica tion Is that tho governor Intended to cut out Douglas county representation cloth to suit tho whole garment after It should bo completed by the attach ment of that par on "tho Blues," Just as ho evidently entirely disregarded Mr. Sharp's comprehensive count of Richardson county, quite In accord ance with tho suggestion or warning of Deputy Marshall Lowe. It was at onco freely and forcibly charged by tho enemies of Governor Cuming, who appear to havo been nearly Identical with thoso who op posed tho location of tho capital at Omaha, that this first census was doc tored, with fraudulent intent, in tho Interest of Omahn. Though at the be ginning of tho session the governor. in complanee with a resolution of the ' louse, mpved by Mr, Decker of No- i braska City, had furnished copies of the census roturns to that body, they arc- hot now In existence. That thero i woro gross falsifications and other Ir- regularities in this census there Is no doubt. These leglslatlvo districts J wore gerrymandered by Governor , Cuming In tho Interest of Omaha, and thero is only ono motive that may bo 1 assigned therefor. Tho Interests of a I cotorio of enterprising Iowa specu- . ators who had gathered In Council Bluffs, and some of whom wore camp- ng In expectation on the slto of ' Omaha, required that tho capital should bo located thero, and they sot about to reach their end by much the samo means and methods as always havo boon employed for like purposes. They won. as was inevitable, on ac count of tho groat superiority of their resources. If Govornor Burt, who, bo ng a southern gentleman of tho old school, would havo been proof against these means and averso to theso methods, had lived, his Inltlatlvo might havo drawn this Iowa influence to Bellovue. As governors of new ter ritories go, Burt was tho exception and Cuming tho rule; moro of thorn act as Coming acted than as Burt would havo acted thought few would act In like circumstances with a vigor so naturally effective and so llttlo im paired by nicety of moral scruple or conventional restralts. Tho story of tho proceedings fn tho capital contest rests mainly upon per sonal recollection and tradition. It Is doubtless truo that Governor Cum ing demanded of "Father" Hamilton ono hundred ncres of tho section of mission land at Bellovuo as tho prlco for designating tha placo as tho cap ital. It would doubtless havo been difficult to alienate this land at all, slnco tho board of missions did not re celvo a patent for It until 185S. "Father" Hamilton seemed to bn filled moro with tho fear of tho Lord than' of losing tho capital, and tho reader of tho Pnllndlum gains an Impression that Its editor, Mr. Reed, was too much possessed by a sense of tho righteousness of Bellovuo's cause tot bo willing or ablo to meet her oppon ents on their own morally less de fensiblo but practically far stronger grounds. Tho moral sunslon of thoso good peoplo of Bollevuo was not backed up with mnorlal arguments sufficient to meet thoso of tho Council Bluffs & Nebraska Ferry company, which not only represented but consti tuted Omaha's Interests. Under nuthorlty of tho organic law Govornor Cuming had divided tho In habited, portion of tho territory Into) eight counties, and after the census had been taken ho npportoned tho sev eral counties Into leglslatlvo districts. TO BE CONTINUED Turned up her nose Opposlto tho two men who wer talking on general topics sat a femuH f 35, and oven a child of 10 could lave Identified her as belonging to tha ilass called old maids. Sho was dlgnl led and sho was reserved, and per anps a salesgirl had put her out o ' temper In shopping. Finally ono of tin lien said. "By George, but do you know tha' St, Valentino's Day is duo next week? , "It Isn't much of a duy, carelessly ro j plied tho other. "Dont send valentines?" ! "Haven't for a good many years Tho laat ono I sent was to an old" maid , of about 26 or 27. Sho lived in mj neighborhood and her tonguo was wag ging about everybody. I mailed her an old scorcher of a valentine, and 11 drove her away. I hoard that she fell so bad about it that " Tho old maid opposlto roso up. Sho glared at tho man who was talk Ing. She Was Aware. Sho stuck up her nose and there was a look of contempt on her mouth "So It was you!" sho finally exclaim sd as sho withered him with a look. "I I don't understand, madam," h stammered. "And I wish to say to you," sho con tinued, "that you are no gentleman And that you aro a loafer. And thai you ought to bo taken out and tarred and feathered, and sent to Jail" for a year. Yes, sir, I am aware that Val entine's Day comes next week, and 1 am also aware that if I can't horse whip tho man who sends me a bur. lesquo I've got a brother who can Sood day, sir!" Joo Kerr. A New Kansas Bank. A Washington dispatch announces that tho comptroller of tho currency lias authorized the Bankers' National bank of Kansas City, Kansas, to com mence business. The new bank is cap Itallzed at $250,000. C. B. Hoffman, president of tho Banking Trust Com pany; J. W. Breldenthal, vice presl flent and manager of tho samo instltu lion; Mayor George M. Gray, A. II Jennings, Henry McGrew and W. R Berry, aro tho organizers. Tho men in terested in this now bank are well known financiers of tho west and tin nstltutlon starts out with exceptional promise. It will open for buslnesi ibout April 1st The Poor Censured. It is not often that a man Is founi who is bravo enough to censure th( poor. It is a popular opinion that the rich man should receive all tin blame, though ho acquired his monoj honestly, and that tho poor mat should receive nothing but sympathy though his poverty Is plainly the re sult of his own shlltlessness. Bui the Rev. Dr. James Roscoe Day chancellor of the Syracuse university llnds that tho poor man Is largely te blame for hi3 poverty. "What Is all this cry that is belnj made about tho poor wage earner?' tisked Dr. Day. "Tho wago carnori pot enough for what they do, and t great many of them get moro. know tho poor. I have been amon lli'eni and havo studied them. ) know thnt they are tho chief sup porters of upwards of 10,000 saloon! In thl3 .city. I know that they art '.ho chief causes of intemperanco and shiftlessness, and then blame Is pul m tho hard-hearted corporations. "Wo should ceaso some of the phll mthropy which wo practice and holi tho poor to learn their duty and tc mako them help tjioniselves. "I beliovo thero is not a -greatei piece of despotism thnt rules todaj than labor unionism. It is a hin drance itself to tho advance of t man." First Freight Rider Willie, do yot kno.v that all tho railroad passes hav been cut off? Second Freight Rider Yes. Hot Gouie people must evny us hoboes. I J i 4 l J $ $ $ 4 lj MILLIONS IN OIL. t The Uncle Sam Company Maktn an Alluring Offer. -Ji 4 4 4 4 In every part of this country the peo plo are watching with nbsorblng Interest the tight being mado upon tho father of all trusts the Stnndnrd Oil Company. Tho rerent report of the Interstate Commercq Commission, showing up tho cut-thronf methods of this organization, created a profound nensatlon nnd gavo thousands, yes millions, of peoplo an ldoa. of tlio grasping greed and defiance of nil law that ins always marked the career of tho Standard Oil company. There has novo been before so great an opportunity for an Independent oil company to securo a foothold ntul build up a great business, specially In the states of tho Middle West. Attention Is directed to the largo advertisement of the Uncle Sam Oil Com pany which appears In this Isbih This company was organized about two yearn ai'.o when tho leglslntuye of Kansas pass ed the Maximum freight rate and anti discrimination laws and made It poMsiblo for an Independent company to live and do business in this state. From a smnll local concern at Cherryvale tho Undo Sam Oil company has grown to b a great Independent enterprise with more than ten thousand stockholders scattered all over the United States, Canada nnd Mex ico. Tho company has refineries nt Cher ryvale, and Atchison, Kansas, and Tulsa, Oklahoma; nearly (ISO miles of main trunk plpo lino completed and In use; forty tank cars engaged In hauling crude nnd refined oil; sixty-eight distributing stations, completed and soiling refined and fuel oil In every part of Kansas and hundreds moro projected for Missouri. Iowa, Nebraska, Oklahoma and Arkansas; oil properties In Kansas and Oklahoma, worth hundreds of thousands of dollars. This enumerates In part what this com pany has done In tho short tlmo It has been In existence. It has now reached tlio point whero a wonderful stride In ad vance Is to be taken that will result In placing this company at tho head of tho 'ndepondent enterprises of tho country. The management of tho company hns dis cussed the situation from every stand polnt nnd the decision was reached to Is sue C per cent llrst mortgago bonds that tho great work projected might be swift ly and certainly brought to a conclusion. It Is the Intention to take the money raised through the salo of these bonds nnd at onco erect storage tanks and place In storage six million barrels of oil. Owing to the grasp of the trust on tho oil 'loldB of tho country oil Is at its lowest abb nnd can be bought for 33 cents per barrel, tho lowest price In Its history In the Kansas-Territory fields. Any man with halfin eye to business can at onco ?eo tho wisdom of this move and tho re Riilt It will have on thefuturc of the Undo Sam Oil company. This company has proved In tho past that Its promises can bo relied upon ab solutely. It promised to pay dividends and the knockers howled that it would never do It. Yot two dividends have al ready boon paid the stockholders. A care ful perusal of tho advertisement In this issue will furnish food for thought to tho fnreful Investor. It Is without doubt ono of tho best propositions that has been placed before the public with money to Invest. In ndd'tlon to tho bonds, which are amply secured, the company offers a. handsome bonus of Its stock which has always commanded a ready sale. Here Is an opportunity for any man to not only make a wise and conservative Investment jut nt tho same time help strike a. blow at :ho un-American, thieving oil trust which mb had this country In Its grip for so ong. Tho tlmo Is ripe and the Undo Sam 101 company stands ready to take ad antago of tho wave of public sentiment which Is slowly, but none the less surely, driving tho trust to the wall. This Is your opportunity to help and Incidentally make tin Investment that the future will prove to have been an eminently wise one. Head the advertisement printed in this Issue nd make your decision. It has tho right Ing and tho men behind it aro willing and iblo to back up every promise made. Their past history proves this beyond the. lhadow or a uouut. Senator John T. Dryden of New Jersey,, withdrew from the race for re-election be fore tho legislature, nlleglng 111 health. Senator Drydcn's secretary gave out a statement for him. which follows In part: 'Senator Dryden had hoped at this meet ing to bo able to convince tho gentlemea who havo refused to be bound by tho ac tion of tho party caucus that their oppo sition to him was based on mistaken nrounds. Fooling constrained to heed the Imperative Injunction of his physicians, nnd knowing no other means of Influenc ing the minds of tho gentlemen referred to, or having any reason to anticipate that they would change their attitude In tlio near future, he concluded thnt a con tinuance of his deadlock would tend to tho Injury of tho party of the state. Accord ingly ho formally announced his intention :o withdraw, lie will make public later :ho statement ho desired to make to tho Trenton meeting. Senator Dryden is not Jaiigerously ill Ills condition Is such, how ever, that his physicians and family con elder It Imporatlvo that he bo relieved at mice of further strain upon his strength nnd that complete rest is absolutely nec essary." Seven Rcpublloai" members of Iho New Jersey legislature had declared their unwillingness to vote for tho elec tion of John F Dryden to succeed himself in senator. The Republican majority on lolnt ballot Is only four nnd thus Demo cratic votes would havo been needed to rlcct Diyden. The New Jersey sltuntlon Is almost Identical with that which con fronted tho Nebraska legislature In 11(01, when Thompson, had a clear majority In a Republican caucus. Seven Republicans signed a written agreement to remain out of tho caucus unless thero was an amend ment that three-fourths majority would be necessary to nqmlnato. Tho legislature was deadlocked until the last week or tho session and Thompson wns defeated. In response to a direct cablo from tho editor of tho Chicago Trlbuno to Morn ills Bnlonji. minister, of foreign affairs at To klo, tho Japanese government has In itructqd its embassy here, also by cablo to convey to tho American peoplo Its dis avowal of all inclination toward war with tho United Snttes and Us bcilef that tho llfforences between the two countries aro nnd always havo been susceptiblo to pac ific treatment. Tho emperor's govornmont sent tho following cablo to tho Tribune: "Answering your telegram to Marquis Sal onjl, I am directed to refer you to tho Jnpaneso nmbnssndor nt Washington for Information concerning the absolutely un founded rumors." This wns followed by a dispatch to the VIcomto Sluzo Aokl, am bassador extraordinary and plenipoten tiary to tho United States : "Tho Chicago Trlbuno hns sent a telegram direct to the Imperial government to ascertain tho at titude of Jnpnn in the present situation. You nro authorized to give out categor ical declarations of absolutely pacltlc char ncter of tho Japancso Intentions." Tho oldest valentine In tho United States Is in Cleveland, Ohio ,nnd wus ad dressed to Miss Sarah Brett, In 1790. Tho British museum has one almost like it, In tho hand of tho same flcklo youth who af fected to admire Miss Brett. Jt is a sheet Jn dimension, folded Into squares of four Inches: sealed' with a red heart. i