THE ALLIANCE -INDEPENDENT.
MARCH 2, 1893
DECISION OF THE SUPREME
COURT OF KANSAS.
DOUGLASS HOUSE THE LEGAL ONE.
Alloa DUenU Chief JuUlcaHor-
Dollvcn tha Opinion, IiTlwlof
i Law and tha Facta of tha
Caaa Spaakar Itnn.mora Sajra
Ba WUi UcidU bo
Court Doclaloa.
Topeka, Kan., Feb. 27. The su
preme court this morning1, Chief Jus
tice I lor ton rendering the decision, Jus
tioe Johnson concurring and Justice
Allen, Populist dissenting, sustained
the Douglass or Republican house as
the legal and constitutional house of
representatires of the Kansas legisla
ture, and incidentally declared that
the acta of the Dunsinore or Populist
house had no standing in law. The
opinion of the chief justice occupied
an hour and forty minutes in delivery
and fully exhausted the subject
The chief justice began by saying
that the court was under great obliga
tions to the attorneys for the mas
terly manner in which the case had
been presented. Yesterday the court
had consumed the entire day in com
paring opinions and examlnln gyMi"thor
Itiea. "This morning," heontinued,
"I am here to present. wiy own views
and, at the conptasAon, I will state
unrae other-matters as to the views of
other , members of the court No
written opinion has yet been pre
, pared." lie then went briefly into
the history of the case and declared
that, upon the allegations made, the
court had a matter before it to decide
judicially.
CKRTIFICATK MEMBERSHIP TESTS. Q
The question at issue, the chief
Justice continued, was whether the
Douglass house of representatives had
legal authority to arrest Uunn. If
bere was one housa only the duty of
tha court would be easy and plain, but
it appeared from . the respective
Journals that there were two houses
claiming the right to legislate. He
the, went briefly into the way
legislative bodies are organized and
cited McCray on election to show
that the proper person to or
ganize a house were those holding
certificates and, in support of McCray,
read passages from Cuxhing's manual.
The supreme court of Nebraska, no
longer ago than January 17 of this
ear, bad taken that view of the ques
tion. In support of this theory, he de
clared, the scenes lately witnessed in
the Kansas capital fully justified such
a rule. In the main, he said, it was
undertaken to ignore the statute in
, making returns of the election of a
legislature and riot and violenco re
sulted. In the case now before the court the
chief justice continued, no showing
had been attempted that there was
-f cavd.au bad faith on the part of the
state board of canvassers. There had
been presented a "Revised Journal" of
the Dtfnsraore house, evidently care
fully prepared, and yet that journal
day after day seemed to recognize that
only members holding certificates
had authority to act For several days
It set forth that fifty-eight members
responded to roll call and others were
counted in as present but not voting
la order to make a quorum, the other
members of the house characterized as
contestants. This record was kept up
until the contestants were formally
taken in by a vote of the house. Then
the journal showed that the Dunsmore
house accepted the precedents laid
down in the books as correct
THE REKD PRECEDENT KA.Ut.TT.
Much was said about the Reed house,
the court went on, in support of the
practice of counting the members, but
the Reed house had one of its own
Voles formally adopted upon which to
base the speaker's ruling. The Duns
IDore house had adopted no such rule,
tfore than five persons who were
QQvntcd in by the Dunsmore house had
never recognized it as such, but were
carrying on a house of their own.
Speaker Reed never counted in any
persons who had not recognized him
aa speaker. Now there could be no
question that the Douglass house was
organized by the votes of sixty-four
members who held certificates.
It was claimed that the Douglass
house was destroyed when the senate
and governor reco gnized the Duns
more house. If that was the law the
governor and senate two years ago
might have destroyed the , Populist
house and created a Republican house.
And two years hence, and so on
through future history, other legisla
' tive bodies might be overturned to ac
complish partisan ends. If the Doug
lass house had voluntarily dissolved
when the governor and senate recog
nised the rival body the question of de
facto government would have been a
strong force in the case, but it did not
dissolve and it was still in existence.
In the course of his remarks, the
chief justice incidentally indorsed the
opinion of Judge llazen in the injunc
tion case against State Tteasurer Bid
Ale handed down last week.
In conclusion the chief justice said
the Douglass house was the lawful
house of representatives and in his
lews on the subject he announced
that Mr. Justice Johnston fully coin
cided and concurred.
Mr. Justice Allen then delivered a
Absenting opinion in which he held
that the supreme court had no juris
diction in the case and as the Duns
more house had been recognized by
the governor and senate it was a de
facto organization and its acts were
good in law.
DUNSMORE DEFIANT.
Speaker Dunsmore said this morn
Ing that he recognized the jurisdiction
of no court considering the organiza
tion of the house of rep
resentatives, but said he would be
Crerned by the direction of Governor
welling and the senate.
Leading Populists say they will ac
cept the decision of the court until the
wxt election when they will go before
the people confident of being sustained
la their course. The present session
f tlin It'irifclature estiirea by limita
tion Man-h . when it itt rxixvtai ih
governor will mil an extra (Mi!on.
The par of niemler for an extra
season in limited to $:0. which limit
the wMfion to thirty days. ThU is
more than enough time for the legisla
ture to pas needed laws.
Tlii afternoon, (iovernor Lewelling
said that he would reserve lm decibion
as to hi atti m about recognizing the
Republican house until he iJiould hear
from the 1'opuliht leaders as he desired
to follow their wishes to the letter.
NO COXTE9T AOA1XHT MARTIX.
When the Douglass house met this
afternoon. Chambers, the Comanche
county Democrat, arose to a qneatioa
of personal privilege, saying that it
had been rumored that there would
be another united estates senator
elected by this legislature. He desired
to say further that during the last
two days he had received letters
and telegrams from his Dem
ocratic constituents of Comanche
county and from the Seventh con
gressional district, protesting against
his participating to such propose J elec
tion and in obedience to their wishes
he desired to state to the house that
he would not take part in the election
of another United (States senator dur
ing this session of the legislature.
lhis action of Mr. Chambers seems
to settle the validity of Senator Mar
tin s credentials as without the assis
tance of Chambers, the Republicans
mav not hope to elect another senator.
lhe Douglass house adjourned until
Monday at forelock.
The two houses were in disorder all
morn i org. The members were await
ing'the decision of the court and did
not care to transact business. The
Republican members sat in represent
ative hall smoking and talking and
the Populists sang devotional hymns.
The Populist house has decided to
publish an official Htatement of the
last controversy in the reform papers
of the state. Messrs. Howard, Barnes
and Brown are preparing it
KILLED IN THE PRIZE RING.
featherweight Miller Literally Beaten
to Death la San Franclaco.
Bait Fbancisco, Feb. 27. William
Miller, the featherweight pugilist who
was defeated by Hawkins in the Pacific
athletic club, died this morning of
concussion of the brain, resulting from
Injuries received in the fight.
Both men were featherweights,
weighing 122 pounds when they entered
the ring. Miller, who was 21 years
old, came from Sacramento and had no
science, relying on brute strength,
while Hawkins was very clever.
The two fought fifteen rounds, Mil
ler being terribly punished, while
Hawkins was uninjured. Miller failed
to recover consciousness and was taken
to the receiving hospital.
Hawkins and his Reconds, "Snider"
Kelley, "Tim" McOrath and John
Hicks, also Joe Soto and John Living
ston, Miller's seconds, were arrested
last night, and the police are looking
for Morris Gallagher, Miller's seeond.
and Dan Creedon, the referee.
This makes the third man killed in
the prize ring in San Francisco during
the past lour years.
DISBARRED AND DISGRACED.
The tipeaker of the Tennessee Home Con-
rioted of Misappropriating; Fund.
Memphis, Tonn., Feb. 27. Judge
Estes of the circuit court this morning
delivered an opinion disbarring Ralph
Davis, speaker of the Tennessee house
of representatives from practice for
having taken from Client Nathan Si
mons $1,350 to settle a bond, and then
misappropriating the money. His
name was ordered stricken from the
rolls. The opinion was crouched in
scathing terms.
Public Money for Cathollo Schools.
New York, Feb. 27. A movement is
on foot to secure from the state Bchool
fund of New Jersey money to support
the Catholic parochial schools of that
state. Several Catholic clergymen
who hold liberal views on the public
school question have prepared a bill
which is to be introduced before the
New Jersey legislature closes its ses
sion, providing that the state shall an
nually appropriate a certain amount
from the state school fund for the sup
port and maintenance of the parochial
schools.
Two Children Married by Fraud.
Belton, Mo., Feb. 27. Jefferson
Watt and Miss Ollie McGaslin, son and
daughter of neighboring farmers living
seven miles south of here, were married
by Justice D. C. Idol yesterday, being
armed with a license fresh from the
county recorder. To-day the father of
the bride arrived and declared that his
daughter was only 13 years of age and
the license was obtained by fraud.
Wyatt is only 19 himself. The couple
are supposed to be in Kansas.
Mr. Carlisle's Clerks.
WAsniNGTON.Feb. 27. 0. O. Steeley,
of the Louisville Courier-Journal, who
was secretary to Mr. Carlisle when he
was speaker, will be offered the place
of private secretary to the secretary of
the treasury. Frederick Stock, the
present chief clerk of the treasury, will
give place to Logan Carlisle im nedi
ately after the 4th of March. Mr. Stock
goes back to Blue Rapids, Kan., to be
oome cashier of the State bank.
MB MAY FLEE
Disclosure!- Mealier got
$200,000 on Forged Notes
SAYS HE WILL SOT SKIP,
But There is a Strong Suspicion that he
Will. Depositor will Loose
Nearly all.
What a Lawyer Says.
Chicago Police as Union Men.
Ciiicago, Feb. 27. The police force
of this city may be represented in the
trade and labor assembly in the near
future. The project is in the hands of
Officer Edward McCann, who says he
has been approached on the subject by
prominent labor men. The men are
organizing to secure the same wages
as are paid in New York, Denver,
Philadelphia and Brooklyn.
From Fame to Poverty.
Oleak, N. Y., Feb. 27. Mrs. Lucy
A. Macklem, who was once engaged
to Chief Justice Chase and was first
cousin to Commodore Perry, died last
week in Olean. She won some fame
in the field of literature, was later a
lecturer and gained prominence as a
reader and singer. She died a pauper
and insane.
A Chicagoan With a Dosen Wives.
Charleston, a C, Feb. 27. Colonel
A. E Uapgood of Chicago has been ar
rested at Atlanta, Ga., to answer the
charge of bigamy here, and so far a
dozen women have appeared to claim
him as husband.
There is a good deal of anxiety among
depositors in the defunct Capital
National bank caused by the rumors
that C. W. Moaner Intends to quietly
leave the country and flee to some for
eign land. After the grand jury had in
dicted Mother for a long catalogue of
crime i Including defalcations to the
amount of nearly t300,060, he was turn
ed loose under a bond of 110,000. lie
might just as well have been set abso
lutely at liberty, for he can easily for-
fei t that amount and not miss it out of
the grand aggregate of his stealings;
or if he ha lost all his ill-gotten gains,
his rich relatives can pay the tl 0,000
without missing it.
Moaner of course denies tqat he con
templates leaving the country. He
says that the plan of having his friends
put up $200,000 to pay depositors in
case he should be let off with light
punishment ha? fallen through.
I he Evening News of reb. 2J, quotes
a prominent attorney of Lincoln as saying:
'I have good reasons to believe, and
do believe, that Mosher has been con
templating departure. I have reason
to believe that he has written opinions
in his possession from emiuent eastern
lawyers, and some attorneys of this
city, on the subject of extradition as it
relates to the relations of the United
States with various foreign countries
Bankers who have due regard for the
proprieties, and good form generally,
no longer go to Canada. Australia is
the Mecca of their fond desires. Did
you ever veiled that Mosher could
leave this city without being missed,
ani within four days be upon the water
eo route to Australia? It would be hard
to convince me, in the 'light of what
I know and cannot tell, that Mosher in
tends to Ft ay and face the music."
Continuing the News says:
A News reporter was today let into
the details of a neat scheme whereby
Mosher enriched himself to the extent
of nearly or quite 1200,000 from sources
entirely outside of the circle of the
bank's creditors, it developed by the
arrival of a whole lot of bogus notes for
collection.
Notes of' the face value of $174,000
have been presented to the Western
Manufacturing company for payment
which the company has never issued.
These notes were made payable to the
Capital National bank, without defalca
tion or discount, at the bank in Lincoln,
with interest at the rate of 10 per cent
per annum from maturity until paid.
They are in sums of from $5,000 up
ward. A News representative was per
mitted to see one of these notes. It was
dated last October and was signed,
Western Mfg. Co., E. Hurl but, jr.,
ianager."
Upon the back it is endorsed. "With
out Uecouree. Capital National bank,
C. W. Mosher, pt."
Another endorsement follows: "No
tice of protest and nonpay't waived,
Mosher & Outcalt."
This latter endorsement Mr. Outcalt
has declared to be a forgery. It is in
Mosher's handwriting and Outcalt says
that he never authorized the signature.
Whether or not Mr. Outcalt ever knew
of the existence of this class of notes is
not stated. They were upon printed
blanks, the name "Capital National
bank" being the most prominent print
ed line in order to lend the paper re
spectability. The signature of E. Hurl-
but is said to be genuine, but the title
of manager of the Western Manufac
turing company is a false pretense.
Mr. Welch is unable to understand
how Mosher was enabled to handle
these bogus notes, borrow money from
eastern banks upon them, renew them
when they fell due and attend to cor
respondence in relation thereto through
a period of over four years, as some of
the notes appear to have baen issued
in 1888, all involving the credit of the
Western Manufacturing company, with
out one scrap of writing ever finding its
way to the secretary of that company
to direct his attention to the scheme.
It is said that Mosher has secuied fully
$200,000 upon these bogus notes entirely
outside of his dealings with the bank,
and that his speculations in this line
began about the same time he began
doctoring the record of bank deposits.
A decidedly interesting rumor is in
circulation today to the effect tbat just
nineteen days before the bank failed
Mosher secured a loanof $21,000 from
Louie Meyer and J . D. Macfarland, the
present receiver.
Confidence in the bank's ability to
pay out is losing ground and one who
has a great deal of inside information
on the subject says that it will not pay
10 cents on the dollar. The same au
thority says that when the bank exami
ner took possession there was but little
over $20,000 in cash in the vaults, and
that most of the paper leit to be listed
is in the form of worthless notes of pot
house politicians, behind each of which
there might bo an interesting story,
while nearly all the bank's good paper
has been rediscount.
THE WIXTEK CAUMVAL.
One of the neatest catalogues we have
seen for some time has just been re
ceived at this office from James Vick,
probably the best known seedsman and
florist in the country. It contains many
beautiful illustrations of flowers of ail
kinds, intermingled with cuts repre
senting some very fine productions
from his choice vegetable and garden
seeds. If you wish to obtain one of
these elegant "floral guide" address,
James Vick's Sons., Rochester, N. Y.
For carpenter work call on or address
L. A. Peters, 3503 Vine street, Lincoln
Nebraska.
The Manufai-turrreor Nebraska Give
an Exbibition-at Lincoln.
The most popular attraction in the
city lafet week wag the "Winter Carni
vol" of the manufacturers' and consum
ers, association of Nebraska This asso
ciation was organized in Sept. 191
witn air. w. a. t'age of Omaha as
president; Mr. L. L. E. Stewart of Lin
ccln, vice president; ani Mr. O.C. Hoi
mi:?, under whose able management
and direction the enterprise met with
such a wonderful endorsement by the
Lincoln people as secretary.
The association embraces some two
hundred manufacturing concerns in the
state, and yet about one hundred more
have not allied themselves with the
organization. About one hundred of
those represented operate in Omaha,
thirty-two in Lincoln, and the remain
der are scattered over the state.
The aim and object of the association
is to stimulate home industries in the
line of manufacturing, by inducing
eastern capital to come to our state and
establish upon our own soil sufficient
manufactures to meet the demands of
consumption in all articles that can be
made in this state.
If we can induce eastern capital to
come west and establish manufaomries,
iDousanas oi men ana women win soon
follow to find employment, thus we
sLall swell the tide of immigration to
that extent that all species ot property
will be enhanced in value.
Nebraska is no doubt the best agri
cultural state in the union, and witn a
proper state of co-oporation with the
manufacturing interests her products
would be largely consumed at home,
and what surplus there would be c mid
be manufactured ready for the con
sumer before it left our borders.
The object sought to be obtained by
this move reflects great credit upon the
managers, and every citizen of the state
should lend a helping hand to the project.
The exnibit8 and machinery employ
ed in the various branches represented
occupied the two lower floors .of the
Hovey & feck building on 10th and r
streets, and the upper floor was seated
with stage and curtains and used for
entertainments at night, and was usu
ally crowded to its utmost capacity. .
Among the prominent exibitors may
be mentioned the Western Mattress Co.
Line jln; C. J. Roman, Carriages; Harp
ham Bros , harness; Lincoln Pottery
Co.: Purity ExtraotCo., Lincoln; Lin
coln Paint and Glass Co.; Lincoln Pack
ing end Provision Co. which deserves
special mention for its unsurpatsed dis
play or meats put up in all modern
styles; W. A. Page, Omaha, soap fac
tory. This company has in its employ
a young lady Miss Magaie Seigler who
is an expert at wrappnig up the bars of
soap as they fall from the machine
Her average daily 10 hours work is
to wrap in two papers and place in
boxes 10.000 bars. She defies machine
competition. Another notable exhibit
is tbat of the Lincoln hat factory which
will, from the raw material make a hat
to order in two hours Various other
exhibits are worthy, but space forbids
us to mention.
The association will hold another
meeting in Omaha in June or July.
AMONG OUR EXCHANGES
Last week in the Kansas legislature
while waiting for more serious business
a member introduced a resolution de
manding an investigation to determine
the whereabouts of the once 82,000 ma
jority of the republican party. York
independent
The people of Nebraska are to be
congratulated that they have a legisla
ture that will "stand up for Nebraska"
although the price for votes, in tbe late
senatorial contest was unlimited. There
was no Taylor to be foucd among "the
corn patch statesmen." Shelby Sun.
Every people's party man ought to
bow, with his face toward Nebraska
once at least. They elected a straight
populist senator up there. We do not
blame republicans and democrats for
electing them, if they can but take little
stock in populists that help them do so.
Industrial Union.
The people of this state, almost with
one voice, demand of the legislature
some regulation of the charges of the
railroads. The independents were sent
to the legislature with instructions so
that there is no excuse for them if they
do not all in their power to bring about
such legislation. Hartington Leader.
The populists now have four pure
b'ood senators, Peffer, Kyle, Stewart
and Allen, besides several grades like
Martin, of Kansas, which are a great
improvement to the average scrub
stock which for the last few years have
occupied the United States senate.
Cedar Rapids Republican.
Our reform press is everywhere speak
ing out against the scheme of bonding
the people under the pretense of im
proving the public roads. This is right
and timely. With them we agree.
Better wait indefinitely for good roads
than saddle perpetual debt on the peo
ple already giving the "pound of flesh"
to Saylock. Plow and Hammer.
In olden times when a nation became
wealthy and strong, they pounced on to
some of their weaker ieighbors, took
everything they had and made slaves
of the people. But it is reserved for
this enlightened, educated and chris
tian age to improve on them. We elect
a lot of boodlers to make our laws, and
in a few years they gobble everything
in 6ight and leave the people serfs. In
dustrial Union, Lamar Mo.
John Brown was hanged thirty-three
years ago last Friday by the slave oli
garchy. What a change haa been
wrought in public sentiment in a gen
eration! Slavocracy went down, but in
its stead we have, the same enemy in
another form more powerful than ever.
The battle is on for the final overthrow
of plutocracy, the worst foe the world
has ever had, and this battle will be
waged to a successful conclusion. St.
Louis Monitor. '
STaausxeo 177.
JASJcMLAN&CO.
MAIT HOUSE, V
20O to 212 FIRST AVE. NORTH,
MINNEAPOLIS, MRS
HP Mn
PROPftlCTORS OF THB
Minneapolis
Sheepskin
Eiporur. of Tannery.
FINE KGRTHEIM FURS.
BRANCHES:
CHICAGO, ILL ST. LOUIS, UO.
137 a n timtk at.
112 Pirn 8L
HELENA, MONT. '
OaALCKS AND EXPORTERS.
COUNTRY AND PACKER
Green Salted HIDES,
Calfskins, Dry Hides,,
Pelts, Pars, Wool,-
Tallow, Crease, Deerskins,.
Ginseng & Seneca Root,
REFERENCES BY PERMISSION.
8.eu.rTT Bams or Minn.. MimuwiM,
Ft. Dimm.h Mat. Bank, CMieAao
Mo.ta.a National Ban.. H.i.na.
Finnt National Bank, Ga.at Fall. Mont.
Fiaat National Bank, 8roAN. F'lo.Waph.
Nat. Bank op Co.mmi, St. Louia. Mo.
Minn.
lu.
Mont.
Liberal Advances Made on Shipments against
Original Bill ot Lading.
Shipmtnf Solicited. WrIU for Circulars.
Shipper, from thl fcrate Conrsxnd with and Con
Ufa to Miuneapoli. Uuiue.
Vn J"-
JAMES SCHULZ,
Yutan, Nebraska,
IMPORTER AND BREEDER OP
Percheron
French
Dra
Hons
Every one Registered and a Guaranteed Breeder. No
Worn Out Stallions, no Culls.
Prices lower than the lowest when quality is considered. All select anlm
to make a cnoice irom. uwne ana De convinced that 1 mean business. Loas tira
small profits and good horses may be expected.
v.
INTEND
ROSES
SMALL FRUITS, GRAPE VINES. ETC.
wny Not procure trie Best Direct from tne Growers unr nmstratea i-ataiogae. over we
n&sea. often one of the most com Dleta stocks In the TJ . S. at rlsht Dricea. Free to nlantnriL Kpnrl t or ltwi aw
39 YEARS. 900 ACRES. 28 CREENHOUSES.
THE ST0RB5 & HARRISON CO., Painesville. Lake Co.. 0
50 SPANISH JACKS
FOR SALE.
FULL BLOODED CATALUNA
SPANISH JACKS.
HPORTED SEPT., 1892,
BY
HO GATE DAVIS & CO.
THESE Jacks are from 1 to 5 years old, black with mealy points, li to
16 hands high. These JacKs were selected by Mr. J. B. Hogate the well known
breeder, and imported by him in person. Address or call at their stables.
HOGATE, DAVIS & CO.,
Mention this paper. BELLEVILLE, KANSAS.
mm
TO LOAN ON FARMS
15 EASTER NEBRASKA AT 6 PER CEST.
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. StULL BROS.,
11TH AND N 8T8 LiINGOIaN, NEBRA8K.
SEEDS
J. Gr
PEPPARD, idnn.nn9 IINinil iV.
Red, White, Alfalfa and Alsike Clovere,
Grass. Ked V ft N V A V PITY tTJ
Top, Onion Sets, Tree Seeds, Cane Seed. rvrtllOnO Ul I I IV I
Timothy, Blue Grass, Orchard C
LES ALE
WYATT-BDLLARD LUMBER CO.,
WHO
LBE
Omaha, Heb.
OHN B. WRIGHT, Pres. T. E. SANDERS, V. Pres. J. H. M'CLAY, Cashier
T H EL-
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.f" 1". ai m At. laV J aw BA M '
uiuinuici incuiuiicli Darijjy
- - - OF IaINCOLaN. NEBRASKA. - -
CAPITAL
$250)000.00.
OBACCO
7
for aale by a
ceipt of 81.00.
HABIT
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firftt-dn druaaaats. or aent br mail on rp-
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by mail. Address 51, 53, and 35 Opera Block, LIMA, O.
ninu'!' I HlAlltlUK Uf i!LI TaDleU
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General Passenger Agent,
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A. C. ZIEMJ
City Passengef
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aw i
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1