THE ALLIANCE-INDEPENDENT. FKimUAItY2:UIW.j. THE POPULISTS LOSE THE DUNSMORE HOUSE DE CLARED TO BE ILLEGAL. SO SATS DISTRICT JUDGE HAZEN. rayaMal T Salaries lader th Popnllst AppraprUlioa BUI Enjoined Tb Oataa Cm Ltolajrad Colonel Uogbes to Bo Court-MartUled -riiM of lha Populists Mow Appointments. Tofeka, Kan., Feb. 20. Judge Z. T. Ilazcn of the district court of Shaw nee county this morning austained the motion of the Republican nouse for a permanent injunction restraining' the state treasurer from paying any war rants Issued by authority of the legis lative appropriation bilC passed by the Populist house last Tuesday, but his decision is not final for the case was at once appealed to the supreme court - The question turned largely upon the decision rendered by the supreme court of Ohio, wherein it was held that the journal of the legislature was con clusive evidence of the existence of that body and that the courts were bound by the recital of the journal as to any matters of fact that went to , make up the enactment of a law. The ludgo, however, held that the Ohio case was not applicable for in the Kansas instance the existence of the defacto body was questioned. Here there were two bodies, each claiming legislative powers and the courts must of necessity determine which is clothed with those powers. Judge Hazen's election was oral and he said the question at issue was one that might be raised in any court and that he had investigated in the public interest as to who was the speaker. . Then it became a matter of fact on which the court might hear proof. If in fact the appropriation bil 1 was invalid, these state omcials had no authority to pay out public moneys nader it, and the court had jurisdic tion to determine whether or not the appropriation bill was invalid. THE SPEAKERSHIP MADE AN ISSUE. The decision in brief is that the ap propriation bill is invalid because it is not signed by the speaker of the house of representatives of Kansas. It bears the signature of Speaker Dunsmore of the Populist house to be sure but Judge llazen by inference says that Mr. Dunsmore is not speaker of the house of representatives of Kansas. The injunction granted to-day set tles the illegality of the appropriation bill so far as the district court is con cerned. There will be no second hear ing, because before the time for it ar rives the supreme court will have ruled on a parallel case and that ruling1 must necessarily be final. ?n TREASURER RESPONSIBLE. '.ie majority of the Populist mem bers had already procured their money from the auditor before the injunction proceedings were .brought, 20,ooq having been paid out per, diem, dues and salaries, and it is a r of m.uch Interest as to how th u: can re cover this money in the '-, nt of the supreme court sustaining Judge Ha sen's decision.- Judge Webb, T. F. Garver, Chester L Long and several other prominent attorneys agreed that, Treasurer Bid die, who paid out the money on the auditor's warrants, was responsible to the state for the monev expended and that he could be sued on his bond for its recovery. THE SUNS TEST CA8E DELAYED. The habeas corpus case of L. C. Gunn, brought at the instance of the Republicans to test the legality of the Douglass house, was called in the su preme court this morn ng, but at the request of counsel for Gunn was con tinued until Tuesday morning at 0 o'clock. SCHEMES OF THE POPULISTS. Populist Speaker, Dunsmore said that the legislature would have ad journed and gone homo before the supreme court could decide the test cases. He said he thought all the bills it was intended to pass would be rushed through next week. It seems to be in pursuance of this idea that tho Populists are seeking to delay the de cisions in the two cases. They want the court to be confronted with the alternative of accepting the Populist house laws or of tying up the appro priations for two years A SENSATIONAL PRATER. Chaplain Biddison's prayer in the senate this morning caused a sensation among the senators. It was only one sentence long. He said: "May God have mercy upon this treason Infested state amen." The Republican senators, whose party had been charged - with treason during the late unpleasant ness, looked at each other as though they had been hit THE COLONEL HUGHES MATTER. Colonel Hughes will be tried by court martial for insubordination. He said to-day that he would not be sat isfied unless the trial should be held as soon as possible. "There ate three ways an officer of the militia can leave his charge." said he. "Die, resign or be dismissed after trial by court martial. I expert to be tried and want to be tried. I don't expect to get my shoulder straps back again, for I think the Populists will reorganize the militia as much as possible so as to get men who will be in sympathy with their cause. I am . told that my commission as colonel has not been revoked but that I am dis missed from the service. I want a trial and dismissal in a formal and military manner before I will be satis fied." v SEWS ABOUT THE STATE BOARDS. The governor this morning an nounced the removal of John Smith, Sol Miller and J, S. Emery as members of the state board of pub.ic works and the appointment in their stead of S. M. Scott of McPherson.. William Wykes of Sumner and R. S. Keppley of Shaw nee.' The , latter is a Democrat and aucceeds J. S. Emery. The other two are Populists. They will assume their duties April 1. The executive council this morning i pproved 1t hnnd of !. Ft Muwm and W. D. lnr-nt th new railroad roinmUnloners. Th bond of Johc Hall hu approved aoin diy ago. 1L C !!radh-v, whom the council recommended for secretary of the board, will not accept lie was a candidate for com m!cioner and he will not hsve a sub ordinate place. Attorney General Little said thia morning that Mr. Hall and Vincent would be put in of fice at once as he thought that if there was to be politic " '''iration it would be a good idea V g 't all the contested point lefore the courts and be done with It GUILELESS KAIULANI. She Bond a I'lalntUo Appeal to tho A nor lean People Londox, Feb. 21. Tho Princess Kaiulani tends the following address to the American people: Four years airo, at lbs rjut of Mr. Tburston, then Hawaiian eabiro Minister. I was sent away to E miand to bo educated privatoly aod fitted for the position, wSlch by the constitution of Hawaii I was to inherit For these years I have patiently striven for my return thia year to my na tive country. I am Dow told that Mr. Thurston la In Washington an kin you to take away my flat and my throne. No one even tells me this officially. Have I done anythln? wrong that this wrong should be done to me and my people? I am coming to Washington to plead for my throne, my nation and my flaj. Will not the great American people hear me." Kaiclanl Will Go Before the Senate. Washington, Feb. 18. Paul New man, the envoy of Queen Liliuokalini to the United States, accompanied by Prince David of the royal family and two servants, reached the eity late last night Owing to the absence of tho president and secretary of state, Mr. Newman will submit the queen's case to the senators themselves. While the annexation commissioners were paying their v Secretary Elkins at th" v de ..ctnent this morning " ir plomatit: untagonist, Paul Neu .tan, was in consultation with Acting Secretary Wharton of the state department, with whom he had a long talk concerning the object of his visit. Mr. Wharton could of course, do nothing und Mr. Neuman said that his only chance for success fully representing the claims of the ex-queen lay through the medium of congress. Prince David said: "We do not in tend to make a struggle against annexation.' If the United States government sees fit to annex Hawaii we shall make no complaint." RIDDLED IN HIS CELL. A Kegfre at Moberly, Mo., 8hot Fatally for Insulting Woman. Moberly, Mo., Feb. 20. Yesterday afternoon John Hughes, a negro who was studying for the ministry, insulted a young woman on the street. He was quickly arrested und hustled into the lockup. About 10 o'clock this morning while the attention of the guard was diverted, three unknown men, supposed to be brothers of the young lady, entered the cell room and literally showered bullets at the negro. Four shots took effect, one entering his mouth and coming out under his Jaw, . another splitting his knee cap and the others hitting him in the body. He is riot dead, but will probably die. The girl a brothers were arrested. A PRIVATE HOME PREFERRED. President-Elect Cleveland Will Not Oe- enpy the White House for a Time. - Jew York, Feb. 20. President-elect Cleveland has decided not to make the executive mansion his private resi dence March 4, says the Washington correspondent of a local paper, but will establish a branch - White house instead. He has written to a promi nent rcl estate man uuthoruing him to rent for the use of the president and his family the old Admiral 'Porter homestead, 1710 II street, northwest This house is one of the historic land marks of Washington and was occu pied by Admiral Porter and his family for many years. CONFIRMED BY THE SENATE. Judge Jackson Will Take a Plsce on tho Mipreuie Bench. Washington, Feb. 20. Judge Jack son of Tennessee was confirmed as as sociate justice of the United States su preme court this afternoon by the senate. Three Train Men Meet Death. Denver, Col., Feb. 20. Two passen ger trains on the Colorado Midland met in a head end collision east of Bath thia morning and Engineer McCollum, Fireman Mclntyre and Brakeman Bowcrsock were instantly killed and Engineer Kissell and Con ductor Miller slightly injured.' Tho Jiassengers escaped with slight in uries and cuts, excepting Miss Julia McMullon, who was injured internally and cut by glass. Fireworks for Cleveland's Inauguration. St. Louis, Mo., Feb. 20. Four car loads of fireworks, weighing about 84,000 pounds, were shipped yesterday to Washington for tho Cleveland in auguration ceremonies March 4, by the St Louis fireworks company. This is the first time a Western house has Shipped the inaugural pyroteehnical display. George K. Peck to Leave Kansas. Topjcka. Kan. Feb 83. Itisreoorttd on good authority that George It. Peck, geaeral solicitor ot the Santa re, has been ordered to Chicago and will hei e nftfp maltn lils hfadmiarters in that city. Mr. Peck is said to be now pack- . . . , v f . mg up, preparatory w moving nis family to that city. Will Appoint a Senator. Chktknxe. Wyo., Feb. 20 .The legis lature has adjourned sine die without ile ting a senetor. The senatorial position will be filled by appointment It is expected that Governor Osborc will appoint A. L. Iew. Posltfllce and Store Burned. Oak Grove, Mo., Feb. CO .The post- jffice and store kept by C. W. West at Pink Hill, four miles northwest of OaJs 3rove, w; destroyed by fire last night The loss entailed was about f 1,300, and is a serious one to the little town. A LITTLE BIT Or A BOV. TVf" nerr w a smile la a weary wh.le, Aft1 neer a rtn ! Jor. Tlil Ms errs of light made tho whole world rlirbt A 1H tic bit of a boy! lie came one'day when the world waa May And thiillln wild life and yf. And with all the roses be seeux-d to play A little bit of a boy! But he played his part with huotaa heart. And time eaa never destroy The mefetory sweet of tbe pattering feet Of that little bit o! a boy! We had wondered how he eould play all day With never a dream of rest; But once he crept In the dark and slept Still oa his mother's breastl There never was a smile la a weary while. And never a gleam of Joy: But the world seems dim since we dreamed of him A little hit of a boy I Atlanta Constitution. THE HEILMAN TWINS. From the very hour that the Heil man twins were born the vox populi of Nippenose Valley declared in un compromising terms that nothing but trouble could come of it. Not that twins were usually regarded as un lucky; only there was something un canny about the Hcilman twins. It was not natural that they should be bo exactly alike, even to the tiny cow-lick' that developed above tho left temple of each of them as soon as their hair began to thicken; there fore the Dutchmen disapproved of the twins. When the twins went to school the trouble became worse than ever. At homo when one of thorn was unusual ly naughty, unless caught in the act, she usually escaped punishment, be cause Mrs. Heilman could not tell which was the guilty one. Occasion ally, however, she squared the ac count by administering a sound spanking to each, which proceeding covered all the ground and soothed her own conscience. But Mrs. Hoilman's system of duplex spanking obviously would not do at school. No teacher would dare to punish two scholars for a fault of which only one could possibly be guilty; so the twins led their long suffering preceptress a miserable dance. At first they were allowed to sit together, but when it was dis covered that Bertha had been recit ing history and geography for both, while Greta attended to the arith metic problems of the whole family, the teacher rebelled. If the girls had been phyuically inseparable, like the Siamese twins, this style of education would have served well enough; but as ultimate separation was to be expectod in tho nature of things, this division of labor had to be stopped. So the twins were placed on opposite sides of the room, in spite of energetic protests and unlimited promises of reformation. But the purgatory of the school mistress could not last forever, and in course of time the twins went forth, seeking fresh worlds to conquer. A fertile field for their ingenuity imme diately presented itself in the multi tude of young men who appeared as candidates for the favor of either or of both of them, and in their new roles they found as much amusement as ever in exchanging names to the vast bewilderment of their adorers. This had its disadvantages, though, for naturally, the young men were Chary of showing a decided prefer ence for either sister at the risk of finding himself tho next day mistak ing; the other for her. It might lead to awkward situations, they thought. So, though admirers were plenty, it appeared that earnest suitors were few. Few, but not altogether lacking. There were several youths who had strong feeling in regard to one or tha other of the twins. One of these, who was either more rash or more in earnest than the rest, boldly avowed a preference for Bertha and in some inexplicable manner he seemed abi to distinguish her from her sister. How he did it no one could guess, himself least of all, but certainly "u rarely made a mistake. Bertha had no special regard for Peter Updegraff and was careful to make him understand this. But Peter was a Pennsylvania Dutchman of the good old typo rather dense and heavy, with an enormous fund of perseverance, sufficient to keep him struggling all his lifo to attain any single object upon which he had set his heart. He was not otherwise objectionable, being quite up to the average of the valley in, the matter of brains and considerably above in the matter of property. But these things did not move "Bertha, and being a good-hearted girl she endeavored to escape all appearance of flirting with him as soon as she found the jest be coming earnest. Still she liked him well enough and common civility forced her occasionally to accept 6ome slight attentions which she would have avoided if she could. There fore it happened that one afternoon she rushed up stairs in great hasto in search of her sister. "Oh, Greta!" she cried, as she burst into the room, "there's Pete Updegraff coming" up tbe road, and I had forgotten all about promising tJ go sleighing with him to-day." "Well, what of that?" queried Greta, lazily. "I suppose you can" go, even if you did forget it. " "Well, but I don't want to go. 1 know he is going to ask me to marry him to-day and I don't want to gr with him. Can't you go he'll never know the difference." "Yes, he would,,r returned Greta. "He doesn't often make . a mistake and if he's going to propose to-day is eyes will be sharper than over." "No, thoy won't," replied her sis ter, quickly. "That's just it; he'll bf 10 occupied thinking what he is go ing to say that he won't notice the difference." "Maybe there's something in that,' laughed Greta. "Well, I'll go if you want; the ride will he very food fun xni J ran r!'j? ft"! a gI deal tt vigor, if he make it newesary." IWtha'a Intuition was correct. Greta saw at a glan- that IV ter hai oraething of great Import on hU mind, and when he failed to notice the substitution she felt sure of what the "something" was. But she did not intend to have any declaration if she could avoid it, and she cleverly staved it off until they were far down the valley. Only she could have re tnembered that when Peter Updegraff bad once made up his mind nothing else than a physically insurmount able obstacle could prevent him going straight to the end. Out it came with an overwhelming rush and she was obliged to let it go until he had finished. Then she turned and faced him. "Are you sure it is really me that you want? Don't you care more for Greta then for Bertha?" "No, of course not. Haven't I been trying for the last year to prove to you that I loved you? I care nothing for Greta, except as yoar sister. "Then you love me, but care noth ing for Greta is that it?" , "Yes, except as your sister." She leaned back and laughed. "You say you don't love Greta and do ' love me meaning Bertha, of course and yet all this while you haven't found out that I am Greta. I'm afraid you are not quite yourself to-day, Peter." She had not intended to betray the deception, and she spoke on the im pulse of the moment, the spirit of mischief carrying her away. Upde graff started, and gazed long and earnestly in her face, while the horses were checked by nis sudden move ment. And as he gazed the scales fell from his eyes and he know that the girl spoke the truth; as she was Bertha's sister. He drew a quick, gasping breath and his head drooped forward upon hi9 knees for a moment. His evident agony and mortification moved the girl to pity for him and shame for her own unthinking act. But sho did not know how to repair it, and she sat silent, until he raised his head again. Then sho was more than sorry she was frightened. He turned upon her just once a face of furious anger and deadly hate; 6he saw that she had roused to the utmost the sleeping devil within him, and she shrank into tho farthest cor ner of the seat in awful terror. Not another word or look passed between them as he turned the horses and drove swiftly homeward. She knew tho deadly violence of Updo graff's temper, and she knew that it had never been so roused before. She sat, there, whita and trembling, won dering why he did not kill her, almost expecting him to do so; even the jting of the frosty air failed to bring :olor to her cheekB. And he sat by her side, fighting such a battle with the demon of anger within him as left him as weak and trembling as her self. She never knew that, but for being Bertha's sister, she had been a iead woman within ten minutes after her last speech to him; nor did Ber tha ever guess that for her sake, he had fought the greatest battle of hiB lifo, and conquered. But it was a dearly bought victory. They never saw the old Peter Up degraff again. Neither of the twins ever spoka of what had taken place that afternoon; but, somehow,a fairly accurate outline of the story was soon bruited about all over the valley. It may have been that Updegraff, in the first violence of his passion, unwit tingly betrayed himself. But, a few days later, a yoyng friend rashly made a joking allusion to it, and it became necessary for the doctor to set several broken bones and bandage sundry cuts and bruises. " Updegraff walked home unmolested and stayed there for three weeks brooding over his mortification. Then he stayed there three months longer with shaven head and often with straps on his powerful limbs to re strain his violence. When the brain fever left him and he emerged once more he could hold up his head, for the fever had taken part of his mind jfnd he never recovered it He never again failed to distinguish the sisters, though the memory of that afternoon was gone. Its only effect was an un natural fear of Greta Heilman. At her appearance he would fly in mortal terror and she was thus debarred from making any attempt at what slight reparation was possible. To keep out of sight was the greatest mercy and favor she could show him the perpetual reminder of her thoughtlessness and an ever-recurring source of shame. But the Heilman twins never ex changed places again. Philadelphia Times. Some Curious Punishments. During the time of Richard I. , and by the advice and consent of that monarch, the British parliament pro mulgated some strikingly original codes for the maintenance of order on his majesty's fleet Thus, if any sea man killed another on shipboard he was to be bound face to face with his victim by means of stout thongs "of not less than three-ply," the living and dead bundle to be thrown over board together. Any man who maimed another, the same having been done with malice intent, was ordered to be served in like manner as his victim. One section of this law read as fol lows: "He who draws bloude from another by wilful blow struck, be that blow struck with a weapon or with hce's hand only, must lose the hand with which the wound was in flicted; a hand blow that causes no bloude to flow must bo punished by ducking the offender thrice." Retdy to Be Reconciled. "The court gave her a divorce but refused tho alimony." "What will she do ciow?" "Marry him again and wait fw a stronger case. De troit Tribun.6. JAMES Yutan, Nebraska, 3: in.tk (Iia slifn fi tomskeachoicofrom. Ome snd be convinced tint I mean business. L-JUg time, small proflta and pood horses may b expected. IS UUU.UUUiUU d in iiiii I m i interest and a very small commission. Privilige given borrower to pay in installments and stop interest. Money always on hand. Write or call on us. STULvLi BROS., 11TH AND N Sts., LINCOLN, NEBRASKA. SEEDS 110 LESALE LUB WYATT-BDLLARD LDHBEB CO., JOHN B. WRIGHT, Pres. T. E. SANDERS, V. Pres. J. H. M CLAY, Cashier "T Columbia National Bank - - OF LINCOLN. NEBRASKA. - CAPITAL - - S26o.ooo.oo. TOBACCO U HABIT For sale by sJTflrsuclass drucajsts, orsentby mH on re. oelpt of 81.00. Ask for H 1 LL'H Tablets, and take do others. Particulars free THE OHIO CHEMICAL CO., hr mail. Address 51 53, and 33 Opera Block, LIMA, O. II 1 DOUBT "Try The Burlington. J FRANCIS, General Passenger Agent, Omaha . Our Book List. Our list of choice literature is made up of the best and most reliable reform books, by the most noted writers. If j-ou want to keep posted on the great questions' before the American people you should consult the authorities, We name below a number of the best books published. PAPKK. CLOTH. Gen. J. B. Wbaver, A Call to Action. A valuable book that should be read by every one, send tor a copy. Cloth and Gold 11.50 Stickney, The Railroad Problem. The greatest sensation of the ' . year is this great book on tbo railway problem by a railvrav president. Cloth edition has H illustrative diagrams f .50 fcJ.OO Hamlin Garland. Mr. Garland is one of the brilliant writers of our times, and his pen speaks eloquently in behalf of the tolling masses, Tho following are some of his best works: ' ' "Jason Edwards," Treating of Farm and Factory $ .50 tl.2 iviain iraveneu xvuuu, oi.ibuuiu stuncs, .o 1 iot "A Member of the Third House." Tho lobby in polities .50 1.24 Ignatius DoNKEt.LY, Csesers Column, The book of- the century. .50 1.2a "Dr. Hujjuet," Southern story with moral : 50 J 85 OPIB P. Read. Among American humorists Mr. Read stands at the head, and "as a little humor now and then, is relished by the best of men" we add two of his books to our list. They are clean and pure, and are worthy of a place in every library. "A Kentucky Colonel,". 50 1.2S "Emmet Bonlore," A newspaper man 50 1.25 Coplet SQUARE Skries, Comprisitg the following four excellent CKOKS Stolid Holders and Bread Winners." King. 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Perfectly harmless, cause no sickness, and may its given in a cup of tea or coffee, without the knowledge of tbe patient, who will voluntarily stop Smoking or Chew ins in a few days. EASILY CURE 99 A.C. ZIEMER, City Passenger Agent, Lincoln. ; ...50 1,25 ' A,JV I .v aii i or 50 .1.0 1 Cft ' 1 nA I ' ' .. stJV I . JJ Wordu only 1 ift siiaia Js, .,,,..... Ill in sheet mubie. Thev are numW nn. .25 " " 150 ; - t Alliancb Publishing Co. Lincoln, Nebr. .