CAPITAL CITY NEWS ITEM8 OF INTEREST AROUND THE STATE HOUSE. THE WORK OF THE LAW MAKERS Legislative Facts and Gossip News of the State Capital. Junkln After a Big Fee. TTnu t ho Union Pacific Railroad compuny tlio authority to exorcise tho right or eminent domain in Nebraska? When tho company increased ItH capital stock $100,000,000 at a meeting In Utah a year ago, It, failed to lllo tho atiiondmonts to Its articlea of in corporation In the office of tho secre tary of Htato of Nebraska, Secretary Junkln Is of tho opinion thai under tho laws of this state the Union Pacific cannot exorcise tho right, or eminent domain until after all of Its articles or Incorporation aro filed here. Some time ago lie wrote to tho legal department, of tho rail road co' jpuny calling attention to this lllllo neglect, but ho far ban received no answer to his letter. Informally .Mr. Junkln has dlBcuuscd the matter with the legal department or his stale which sustains him in his contention, Tho company has tho right to do buslnoss in Nebraska, but not to oxoreis6 tho right of eminent domain. To tile Its amended articles the company would have to pay tho state a Too or $50,000. Naturally secretary of state is anxious that; company get right, with the law. Should the secretary of Htato tho tho be right, In his Judgment, any exercise of tho right of eminent domain by the company in Nebraska since tho amend ment of its articles in Utah would be void and of no effect. Unablo to Name Football Captain. Tho fourteen members of the uni versity football team were unitblo to elect a captain at a meeting held Friday afternoon. The first ballot stood 7 for Collins and 7 J'or Frum, and five moro ballots resulted In the same vote. When Secretary Clnpp saw that tho cholco of a captain was practically Impossible ho consulted with the mombers of tho board. It wua decided that tho .members of tho team should meet at 5 o'clock tho Tuesday aftor Chi-hUmus vacation and cast one ballot for next year's cap tain. If there is no choice on tho first ballot tho athletic board will elect. Should the football team fall to ehooso a captain and the athletic board select a man It appears prob able that tho choice would tall "to Collins. Just why this Is true cannot. 1)0 ascertained except thut thoso mem bers of tho board who aro willing to express an opinion bollovo that this is true. Tho ballot was secret but It 1b said that the men voted as fob lows: For Frum Marvoy, Johnson, Bolt zer, Cooko, Krooger and Chaloupka. For Collins Dlrknor, Temple, Bont loy, Minor, Ilarto, Collins and-1'wlng Report of State Auditor. The biennial report, of State Audi tor Searlo, now being printed, will s.how that from December 110, 190G, to Doccmber :!0, 11)08, thcro wero reg istered in tho auditor's office, bonds of all kinds amounting to $2,:i01,G8G. Gfi. Or this amount $75,000 wns is sued by counties, $0,000 by precincts, $88G,500 by cities and villages and $1,31,18G.GI by school dlstriots. While this largo nmount, represents an Indebtedness against tho munici palities and school districts, it docs not necessarily follow that it has all boon contracted within the llmo stated, as u goodly amount of it is refunding bonds, isused to tako tho plnco of other bonds voted years ago, which have matured and have not boon paid. From tho school districts of many of tho wostern and nor thorn eountios of tho stato many Ibsucs of bonds have been registered in ardor to provldo school buildings in dis tricts where none have ever before been erected. Brown Gets the Seat. Charloa O. Whedon, who contested the nomination of E. P. Brown for state senator in Lancaster county, lost out in tho supremo court and Mr. Brown, who was elected, will serve Tho two woro rival candidates nt tho republican primaries lost Soptomboi and Brown received a majority of six votes. Ho took tho matter to tho dls trict court, which hold, against Who don and that it had no jurlcdlctlon In tho matter. Tho opinion of the su promo court affirms that of tho dls trict court. .Tudgo Boot, who wrote tho decision of tho supromo court, said in his syllabus : Tho district courts nro without nower to consider and determine an original action instituted toe the pur pose of contesting tho nomination1 of a legislative citndidato at tho primary election. Money for Public Schools. The scml-annuul school apportion ment to be sent out during the com ing wool: amounts to $207,132.01. Tho apportionment is made on a basis of .72198 per pupil, there being UGO.DDG children of school ago in the stato. Thoso figures were certified to Stato Auditor Searlo by Superin tendent MeBrlen this week, Treas urer Brian huvlng certified tho amount of (ho apportionment to Superintend ent McUrion. Tho aggregate amount is mado up of collections as follows: Stato tax, $2 227.20; Interest on school and sa line lands sold, $20,012.20; interest on saline lands leased, $95,075.80; in terest on bonds, $110,775.89; Interest of state warrants, $15,012.30; from Null and gamo license, $5,288; dis count on bonds, $14 1. HI. Job Not Wanted by Gilchrist. John Gilchrist of Omaha Is No. 3 among tho deomcratlc politicians of Nebraska, to decllno an appointive state olllco slnco election, Gilchrist wns offered tho position or stale ac countant by Audltor-oloct S. H. Bar ton. Tho Job pays $2,000 per year, with expenses and is held nt tho pres ent time by 10. B. Fairfield. Vrder the law, the auditor is permitted to name tho ncocuntant, but tho governor must, approve his selection. Tho other democrats who havo re fused appointive places aro Judge J. J. Sullivan of Columbus, who turned down a seal on the supreme bench paying $1,500 for one year, and W. F. Schwlnd of Lincoln, who consid ered a $1,200 deputy oil Inspectorship, with expenses paid on tho sldo, not worth his while. Advanced to Presidential Clacs. Tho following fourth class post offices will become presidential on January 1, and tho3e aro tho salaries they will receive: Bi.dgoporl ' $1,100 Cedar Bluffs 1.100 Davenport .'. 1,000 Tiilmwood 1,000 Howell 1,100 Konosaw '. . 1,100 Litchfield 1,100 Long Pino ; 1,100 Louisville 1,000 Lynch 1,000 Mason City 1,100 North Loup , 1,000 Orchard 1,000 Overton 1,100 Slllckloy 1,100 Lincoln Monument. Tho Abrahapi Lincoln centennlnl monument, association or Nebraska has decided to put a solicitor in tho field to secure rundB and pledges for the erection of the monument. The legislature will be asked to make an appropriation for tho purpose. Tho public schools will celebrate tho 100th annivorsury of Lincoln's birthday, February 12, by contributing to the fund and members of the G. A. H. throughout tho state will do the same. A special cominltteo will bo situated in .Lincoln to increase the subscription in tho city to $3,000. During tho cam paign operations were suspended in ail departments of work, but will bo renewed now with energy. New Game Bird Thrives. Boporta aro being received at the office of Gamo Warden Cnrtor to tho effect that tho Hungarian partridges wmoli wero planted in KoorusKa a yoar ago are doing remarkably well. Captain Fuller, a banker of Merrlam, who bought olght pair a yoar ago, wrote Mr. Carter that In his Imme diate neighborhood there woro now at least 100. Around Gordon the re ports received aro to tho effect that tho foreign birds arc as plentiful as quail used to be, and are just as gentle. Thoso birds were Imported n year ago at a cost of $5.50 a pair, about 3,000 bolng planted out in tho state by private parties. They are protected under the" game laws Shumway Gets More Delay. Owing to tho fact, that tho now members of tho supremo court have ho.t had an opportunity to oxamlno tho record in tho caso of B. Mead Shumway vs. tho Stato tho date of tho execution of tho convict has been postponed from January 8, 1909, to January 29. There Is now beforo tho1 court a petition for a rohearlng in this ease. Shumway was convicted of tho mur der of Mrs. Sarah Martin of Gage county. Tho extension In tho date of execu tion Incidentally relieves Warden Boomer from n disquieting prospect of huvlng tho oxecutlon occur before tho oxplrution of his tonure of office. Governor Sheldon Leaves the State. Governor Sheldon left Thursday morning for Groonvlllo, Miss., whore ho will spond a wcok in looking aftor tho business end of his cotton plan tation there. Governor Sheldon will go back to Mississippi aftor tho ox plratlon of his term of olllco and will probably toke his family with him. Asido from tho business of tho trip no program was outlined, as tho govornor must hurry back to clean up tho pardon hearings now hanging Uro, write his mossago and got mat tors and things in shape for tho in duction into office of his succosaor. OF ITEMS OF GREATER OR LESSER IMPORTANCE OVER THE STATE. fHE PRESS, PULPIT AND PUBLIC- What la Going On Here and There That Is of Interest to the Read ers Throughout Ne- - braska. 'V Man Murdered at Decatur. Ellshn Ball is dead and Nick Far ions is in custody chargul with mur der as tlio result of a qunrrol over i jug of whisky in the south part of Decatur, near the school house. aC midnight Thursday night. Will Odoll was the only witness to tho tragedy, and as soon as word could bo sent to tho county sent, Sheriff Phipps went, over to Deeatra- and placed Farrens under arrest. At tho Inquest Fridny it developed that Ball -and Farrens quarreled and that Ball applied a vile epithet to Far rens, whon the latter struck him la the face, supposedly with his fist. Ball staggered onto bin feet and was fitruck again nnd fell (o the ground like a log. Odell managed to got the man up town, whore ho was taken to tho South Sldo restaurant, the only place open at tlio time, and medical aid war. cummoned, but Ball died in half an hour. Mountain Lion at Large. II. S. Mnhnn, of Calloway, who Just returned from the vicinity of Redforn Table, some fifteen miles south, brings in the. report that a mountain lion, or some other large animal is killing calves and colts, and intimi dating the people of that locality. Tho animal made its appearance about n week ago, since which time it has killed several head of stock, and has been seen at a distance by a num ber of people. However, no one has been fortuilnto enough to get closo enough to it to be sure of what it is. Winner of Gould Prize. A former Central City boy has tho honor of winning- one of the four prizes awarded by Miss Helen Gould to men of tho United States who should memorl.G 500 Verses from cer tain specified portions of tho Bible. Tho fortunate winner is C. E. Huff, son or Waller Huffff of this city, and now connected with a college nL To poke, Kansas, as professor of pen manship. The .prize awarded by Miss Gould consisted or a handsome Bible and a wall roll containing the matter memorized. Big Lawsuit at Seward. The November term of tho district court Is In session at Seward, with' Judge Good on tho bench. The case of the Des Moines Bridge & Iron company vs. Marxen & Rokahr, tho court house contractors, was tried u a jury who relumed a verdict in favor of tho plaintiff, for judgment, in tho nmount of $12,131.12. Final payment lor material used in tho court house Is involved In the suit. Accident Near North Bend. William Watt, a farmer residing I'oven miles northeast of North Bend, was the victim of an accident as a result, of which "ne Is laid up suffer ing with a broken leg. Watt was in tho hay loft of one of his barns when hu slipped and fell through one of the openings Into the loft, landing in no gentle manner fif teen feet below, with the bone In his right leg broken. Installing New Power Plant. Tho York Gas and Electric com pany Is now installing a 2,300-voIt alternating current generator for tlio' purposo of running the motor at the, water works pumping station, which is to supersede steam power. The improvement will be completed with in tho next week. Hughes Goes to Colorado. W. W. Hughes has tendered his res Ignatlon as secretary of the Central City Y. M. C. A. and It has been accepted by the board of diroclors., His successor hn been chosen in the person of R. L. McMilllan of Crolo, a graduate of Donne college and one of the assistant tuaco secretaries, Accused of Pilfering. Two men who gave the .names of Tlionlas Vogel and Theodoro Colo, were arrested nt Ullca at midnight Saturday night on tho churgo of pit fering from threo stores. Tho mer chants identified their goods. Scarlet Fever at Geneva. Scarlet fever has broken out In tho girls' industrial school at Geneva, and tho city oftlcoiT. havo established a quarantine over all Inmates and em ployes. NEWS S NEBRASKA HAPPENINGS. State News and Notes In Condensed Form. Cortland Ih. to havo n. public library. A new bank id aoon to open at Al bion. . Norfolk ban twenty-two miles ol cement walk. . Tile Falls City Journal has startled a daily edition. Uov. Father O'Laughllu Is tho now priest at Fnlrbury. An electric1 theater has been es tablished at Nollgh. Humboldt will hold -ii farmers' In stltuto December 30 and 31. Five new stalls have boon added to the round house at Wymore. District court at Madison has on its dockut five big damage suits. A long-wlshed-ror and modern hotel will bo built nt Crawford soon. Tho people of Clindrli held a mans meeting and public rally In tho inter ests of a public library. The Chndron school, publishes a pa per called tho "Booster," and every body boosts the Booster. , Tlio mombers of tho Welsh congre gation at Wymoro are building a now church which will cost $5,000. A pile driver and force of men aro at work on tho. new bridge to bo con structed across the river near Gor ing. Bladen wants some man with sparo money to build a number of small houses which can be rented reason ably. C. F. Livoni threshed 27,000 bushels of grain with his outfit, in tho vicinity of Sidney, and then wont into winter quarters. John Sehwarzhopf has sold his c-ighty acre farm east of Kearney to Frank Lamphcro of Hastings, for ?S0 tier acre. W. II. Fellers, of Table Bock, has fold his 1G0 acre farm southeast of Humboldt to Frank Ilynek for $55 per acre. Sherman Butler has sold his eighty acre farm two miles from Octavia to J. W. Dcmuth, of Bell wood, for $150 per acre. August Hinzman b.3 sold his 1G0 acre farm in Jefferson county for $11,000. The land lies five miles west of Fairbury. Charles Campbell, who pleaded guil ty at Butte to stealing a horse, was given a sentence of three years in tho penitentiary. J. D. Graves has purehused twonty acres of land from Bert Patterson just enst of tho cemetery at Peru, paying $1,200 for tho tract. Joseph Fleming has been appointed postmaster nt Mead, Vice Marica Wil liams, resigned. The new official will begin his duties about January 1. Walter Barton is laid up at a Gor ing hospital with a broken leg. A horse fell on tho member wh.Be lie was driving cattle a few days aco. The International Harvester ','om pany is excavating for a big office building it will erect at Crawford. The structure will bo 40x150, and cost $10,000. Gottloib Echtenkamp has purchased the Fred Lallman two hundred acre farm in Washington county, for which he paid $22,548, or a fraction over $112 per acre. II. E. Schofilcld has started the Boyd County News at Anoka. This glvos that town two newspapers. Both aro operated by druggists, and strong rivals in business. II. O. Brown, of Fremont, has a gun one hundred years old. It was mado by his grandfather at his homo in Portland, Maine, in 1S09. It is a uniquo family heirloom. Farmers should all have telephones. Write to us and learn how to get tho best service for the least money. Ne bnvska Telephone Company, 18th and Douglas streets, Omaha. "Use tho Bell." Wild game In Nebraska has been increased by several thousand Hun garian partridges as tho result of planting of 250 cf that species In var ious parts of tho state during tho past year or two. Miss Allie E. Davis, principal of tho high school at Tokamali for three years, has been named by Mr. Abbott as matron of the stato asylum for tho blind at Nebraska City after ho takes charge of that institution. Tho Hebron board of education went to Fnlrbury during tho past week to look over a school building at that placo with the view of copying aftor it in tho construction of a new one to bo build in Hebron. Ditching on tho drainage district north of Poru is about completed. Tho channel has been cut to both Duck creek and Buck crcok and thoso streams both turuod Into it. The Im provement Is looked upon as a good one. Tho state association of mutual In surance companies at its last annual mooting, fixed Hastings as the point (for tho convention, 1909. Owing to 'tho fact that tho legislature will bo in session in Lincoln at the time of this convention tho mooting placo has been changed to tho capital city. A. C. Hull, n membor of tho legislative commltteo which mado this change, has boon assured that the meeting will bo held in Hastings the follow ing year. BRYCE TO COME WEST. British Ambassador Expected to Speak at Omaha. Ambassador Bryce, British ambas sador in this country, lias practically promised Senator Brown to go to Omaha for a speech to the McKlnloy club, during January or February. Tlio senator, nccompanied by Isa'dor fSIogltii', of the Omaha bar, called on Air. Bryce and urged him tti go to Omaha. He has recently refused in vitations td Boston and New York, but expressed himself as anxious to go to Omahu, and said he would make tlio arrangement to do so, and set ft date which would bo convorijent to himuolf Just as soon as possible. Steamers Run Into Storm. With Dccembor on tho North At lantic at its stormiest, trans-Atlantic shipping has boon experiencing a se ero buffeting. Not one of tho west ward liners lias kept anywhere near schedule, while the Teutonic, from South hapm ton, which should havo headed tho Heel into port on Wednes day, is threo days behind time. Whon heard from early Friday, sho waa about 300 miles east of Nantucket. Strung along, further up tho coast, all far behind their ordinary records, woro La Province, from Havro; the Baltic, from Liverpool.; the Campania from the same port; tho St. Paul from Southhampton, and the Minne apolis from London. All are a day or more late. Shoots a. Fleeing Prisoner. John Lawrence, alias John Brown, was arrested at Waterloo, Iowa, Fri-. day on a warrant hold by Detective H. C. Webster of Indianapolis for defrauding banks at Corydon, Ind. On tho way to the Security Savings bank, whore Lnwrenco got the alleged worthless check for $1510 cashed, the prisoner broke away and ran. City Detective Houston gave pursuit, firing wild' and commanding Lawrence to halt. When he continued running Houston shot at him, one bullet enter ing his lungs ndi one hitting him in the leg. His condition is precarious. Brown is said to have defrauded banks in Illinois, Indiana and Iowa of many thousands of dollars. Opening for Agriculturists. Aii opportunity for some highly edu cated and thoroughly practical Amer ican agriculturist is offered by the government agricultural society of Bessarabia. Russia, which wants such a man. to fake charge of an experiment station which it proposes to establish. The purpose of tho station is to dom- enstrate the possibility of corn as h profitable crop for South Russian, farmers. Special Agent Dennis, In a' report to the bureau of manufactures says that tho 'society will pay the right man $4,000 a year and furnish' him gratis a comfortable home to live in. Illinois Murderer Hanged. Frank Bryant, twenty-six years old, was hanged in tlio Sangamon county (Illinois) jail Friday for the murder, on August 24 last, of Thomas Brady, ' a seventy-year-old man out of whose trunk, after the murder, Bryant stole a small quantity of money with which to go to Chicago to visit his sweet heart.. In the statement upon the scaffold Bryant thanked Sheriff Wer ner for tho kindnesses extended dur ing his imprisonment. Ho then said to the 200 witnesses assembled: "Farewell to all, gentlemen," and the trap was sprung. Allen Wants an Increase. An earnest plea for an increase of rho army signal corps is made by General James Allen, chief signal offi cer, In his annual report. He recom mends improvements in the telegraph and cable systems for Alaska, tho Philippine islands, Cuba and the United States. The need of standard fire control installations for coast defense, tlio development of wiroless telegraphy and telephony and Im provements in military aeronautics are also discussed.- No Tender of Good Offices. There is no truth in the report telegraphed to London from Buonoj Ayres that Great Britain has tonderert her good office to compose tho dif ferences between Argontlne and Bra zil arising in part from the activity of each country in Increasing its naval power. It. is, however, a fact that in informal conversations with the dip lomatic representatives of the two powers tho foreign office points out tho risks attending Increases of arma" monts. Country Life Commission. The members of the country life commission held the second and last Now England hearing at the stato house In Boston. Friday. Fnrmers, teachers, ministers, physicians and others from country districts In Maine, New Hampshire, Rhodo iBland and Massachusetts attended tho meet ing and expressed their opinions can corning possible improvements in tho agricultural conditions now existing in their sections.