The McCook tribune. (McCook, Neb.) 1886-1936, February 10, 1899, Image 2

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    M'COOK TE1BUNE.
. _ ,
V. . KIAIftllsr , ! , , Publisher.
McCOOK , - : . - > NEBRASKA
NEBRASKA.
There Is an esidemic of measels at
Jozad.
A spirited religious revival is on at
at Edgar.
The small-pox situation In Nebras
ka City is Improving. /
The Union Pacific will build a
freight depot at Columbus.
A successful operation for appendi
citis was nerformed up E. S. James
of Benedict.
Schools in many towns In Nebraska
have not done much business this
winter on account of sickness.
Wilcox merchants say they have
done less business this month than in
any other 'month during the wintei
and fall.
James L. Elliott , aged 22 years and
residing In the north part of Buffalo
county , was adjudged insane by the
county board and will be taken to the
State asylum at Lincoln.
An epidemic of measels In a mild
form is In progress in Stella. A large
proportion of those who have not had
the disease before are victims. It is
especially severe in cases of elderly
people.
George Terry Berry , 72 years of age ,
residing about nine miles south of
Plattsmouth , died Friday , after a short
illness , with the grip. He leaves a
widow and one child. His estate Is
valued at over $50.000.
Burglars opened the safe in the
postoffice at Rising City by means of
dynamite. Tools for assisting In the
work were taken from Gainer's black
smith shop. One hundred and eighty
dollars in stamps were taken and about
$10 in money. No clew to the perpe
trators.
Gus Johnson , while hauling a load
of wood from above Nebraska City on
the ice in the river , struck a place
where the icemen had recently taken
out ice for their houses and it was
only covered with a coating. His
horse , wagon and load of wood went
to the bottom of the river , while Mr.
Johnson jumped and reached the solid
Ice. thus saving his life.
The proposition to refund the city
water bonds of Falls City at 4 % per
cent was voted down at the special
election. A short time\ before the city
received the proposition to refund
them at 4 } rer cent and to accept it
at a special election was called to vote
down the proposition to refund them
at 4 % per cent , which was done with
but very few opposing votes.
B. Cecil Jack of company M. First
Nebraska regiment , returned to Platts
mouth last week. With 180 other Ne
braska soldiers he left Manila Decem
ber 18 on the Ohio and after stopping
five days in Nagasaki , Japan , arrived
In San Francisco , January 16. Those
from Plattsmouth still with that regi
ment are : Guy Livingston , Frank
Johnson , C. H. Searle. C. Fry and
Merritt Kerr.
Swift & Company , South Omaha ,
have just issued a statement showing
the amount of business transacted dur
ing the year 1898. The company now
has a capital of $20,000,000 and last
year did a business exceeding $150,000-
000. During this time this company
purchased 1.437.844 cattle. 2,658.951
sheep , and 3,928,659 hogs. In all 107-
684 cars of packing house products
were shipped.
The mortgage record for Merrick
county for the past six months is as
follows : Farm mortgages cancelled ,
$138,115.1" ] ; filed. $89,468.13 ; town
mortgages cancelled , $12,160.58 ; town
mortgages filed , $3,407 ; mortgages
cancelled in excess of filed , $57,400.58 ;
excess or cancelled for 1898. $178,650.
31. There is a prosepct of a large
number of buildings being erected
there this year.
Physicians from over the state at
a recent meeting in Lincoln formed
a state medical league , the object of
which is to enable the doctors to act
together In the suppression of contag
ious diseases. It is expected that the
league will reach all parts of the state.
The officers selected are : Dr. J. W.
Bullrad , Pawnee , president ; Dr. A. H.
Derris , Lincoln , vice president ; Dr.
F. L. Wilmeth , Lincoln , secretary.
The surviving members of the Kel-
lerman family , living three miles east
of Dayton , Jefferson county , the moth
er and oldest daughter of which have
already died from trichinae contract
ed as a result of eating the raw meat
of a diseased hog. which they were
compelled to kill and use for food on
account of the extreme poverty of the
family , have been taken to the poor
house for care and medical attention.
It Is feared that it is but a question
of a few days until other members of
the family will die.
The sttlement of the estate of the
late Thomas Smith of Hendricks pre
cinct was heard in probate court at
Nebraska city. The peculiar feature of
the case is a contest by a son of Mr.
Smith , who , by the provisions of the
father's will , was to have certain prop
erty , provided he should be named
Findlay and known by that name until
he reached his majority. He left home
some years ago and recently returned
to claim his share of the property. At
the hearing Judge Joyce , after hearing
the evidence decided that the young
man has been known" all his life and
received his mail under the name of
Bent F. Smith and was entitled to no
share of the property , but that It
should be divided equally among the
heirs. The case will be appealed to
the higher courts.
A team of horses belonging to Silas
T. Combs , a young farmer , was stolen
from the rack just south of the court
house in Falls City. The supposed
thief was arrested at Berada , a small
place fourteen miles north , the nent
morning.
The Union Pacific will build a
senate committee at Washington ,
Binned by the business men of
Kearney , against congress granting
an appropriation for the Omaha expo
sition They are emphatically op
posed to the movement , and a num
ber of firms have sent private tele
grams to congressmen expressing
disapproval.
Nebraska Assembly Unable to
Make Choice.
VOTE TAKEN FROM DAY TO DAY
Xlotlt Houses Grlnilinc : Away Quito Stead
ily Hut Few Htcasurcs Outslclo the Ap
proprlatlon 1J111 Passed Nuturo of
Sonic of the Bills Introduced.
Senate.
In the senate on tne SOth no busi
ness was transacted until the order
of notices and introduction of bills
was reached , which brought forth
quite a grist of new bills senate files
224 to 233 , inclusive , which were read
for the first time by the secretary.
The senate then adjourned to the
joint convention , and returning thence
took a recess until 3 o'clock.
The senate res'olved itself into a
committee of the whole for the con
sideration of bills on the general file ;
Senator Currie in the chair.
Senate file No. 41 , Senator Currie's
free high school bill , was considered.
It opens all high schools deemed
properly equipped by the state su
perintendent to the free attendance
of pupils residing outside of the high
school district whose education cannot
be further carried in their own dis
tricts. The county board shall allow
the high school district 75 cents per
week for each such pupil in attend
ance. Section 3 of subdivision 6 , 2 and
7 of subdivision 14 and 2 of subdivis
ion 17 are amended so as to conform
with the provisions of the bill.
Senator Currie called Senator Prout
to the chair while he explained the
provisions of the act. There was
some objection to section 4 , providing
that the expenses incurred by the act
be paid from the general levy in each
county , and allowing the county board
the option of levying a tax not ex
ceeding 1 mill to meet such expenses.
Senator Farrell believed that each
pupil from outside the district should
be required to pay his own expenses.
Senator Currie in reply explained
that every boy and girl in Nebras
ka , regardless of place of residence ,
should have full and free high school
privileges. This , he believed , was de
manded by the school people and the
public sentiment of the state. The
senator made an eloquent plea for the
young people of the state , poor , remote
from high schools , and struggling
against adverse circumstances.
Senator Farrell realized that he was
opposing a popular measure , but be
lieved in so doing he was but perform
ing his simple duty. The bill , he
thought , was an unfair one , and one
tending to complicate the educational
interests with the general interests
of each county. He announced himself
as willing and ready to do everything
possible to aid deserving young men
and women to secure an education. He
objected solely to the provisions of
the bill regarding the defraying of ex
penses incurred.
Senator Van Dusen moved to amend
the disputed section by making the
expenses incurred payable by the coun
ty board from the general fund instead
of from the general levy. The sena
tor believed that $3 a month for tui
tion is often a discouraging expense
to a young man desirious of a high
school education. He favored extend
ing a helping hand to every young
man anxious to secure an education.
Senator Van Dusen's amendment
prevailed.
Senator Talbot offered an amend
ment to section 8 of the bill , providing
that each school board elect a treas
urer , who shall under bond , have
charge of all funds under the board's
control , and pay same out only on the
board's order. The amendment was
lost.
Senator Miller moved to amend by
making the compensation to be paid
by the county board 50 cents instead
of 75 cents. The amendment was lost.
Seantor Noyes moved that the committee | -
mittee arise and report the bill for
passage , which motion prevailed.
Ine report of me committee was
adopted , whereupon the senate ad
journed.
The senate on the 31st was called to
order at 10:30.
Senate file No. 33 , by Mr. Talbot , a.
curative act relating to attorneys ,
their oaths when admitted to practice
and attorneys not admitted to prac
tice , was read for the third time and
passed.
The committee on judiciary reported
on senate file No. 58 favorably ; senate
file No. 37 , that it be indefinitely post-
poRed ; senate file No. 45 , without rec
ommendation , senate file 40. that it
be indefinitely postponed.
Senator Noyes moved a reconsidera
tion of the vote yesterday adopting the
committee of the whole report on sen
ate file No. 41. The motion prevailed.
Senator Currie then moved that the re
port of the committee of the whole on
senate file No. 41 be amended to read
that the committee report progress
and ask leave to sit again. The bill
in question is Senator Currie's free
high school bill. The senator an
nounced that some question having
been raised as to the constitutionality
o. . the bill , he wished to fully investi
gate and secure legal opinion before
proceeding further with the bill. When
the bill should finally pass he did not
want there to be any question as to
its constitutionality. After some de
bate Senator Currie's motion pre
vailed.
The committee on judiciary reported
on senate file No. 57 , recommending
indefinite postponement ; on senate file
No. 62 favorably , on senate file No. 76
favorably with amendment , on sen
ate file No : 80 favorably , on senate
file No. 83 recommending indefinite
postponement , on senate file No. 85
without recommendation , on senate
lile No. 86 favorably , on senate file No.
93 favorably , on senate file No. 94 rec
ommending indefinite postponement ,
on senate file No. 95 favorably. The
various reports were adopted , and the
bills named , excepting those recom
mended for indefinite postponement ,
went to the general file.
The committee on municipal affairs
reported on senate file No. 109 favor
ably , on senate file No. 107 recom
mending indefinite postponement. The
report was adopted and senate file No. ,
109 went to the general file.
-Senate file No. 237. by Senator Bar
ton , was the only bill Introduced. It
compiles the law relating to limita
tions for civil actions.
Reverting to the reports of commit
tees , the report of the committee on
municipal affairs recommending In
definite postponement of senate file
No. 20 and the passage of a substi
tute therefor , prepared by the commit
tee , was received and adopted.
Committee reports occupied tha
senate's attention on the moraine of
the 1st. The committee on miscellan
eous subjects reported S. F. 46 , to
amend the game law to pass with
amendments : S. F. 60 , to pass , it be
ing the law providing a Board of En-
balmers. The report was adopted. S.
F. 77. to repeal section one. chapter
li , of the Compiled Statutes , relating
to live stock , was indefinitely post
poned. S. F. 90 was placed on gener
al file and S. F. 6 recommended to pass
with amendments , by the finance com
mittee.
Mr. Schaal of Sarpy presented the
following :
"Resolved , That it is the sense of
the senate of the state of Nebraska
that United States senators should be
elected by a direct vote'of the people. "
He moved a suspension of the rules
for immediate action. His motion was
lost.
lost.Bills
Bills on third reading were passed
as follows : S. F. 72 , by Talbot of Lan
caster , abolishing fees for registers in
chancery , on obsolete section ; S. F.
67 , by Prout of Gage , one of the
Wheeler curative acts ; S. F. 66 , by
Prout of Gage ; S. F. 65 , by Prout of
Gage ; S. F. 59 , by Talbot of Lancaster ;
S. F. 70. by Talbot of Lancaster. All
are curative acts.
The senate had a long and uninter
esting discussion as to the effect of
adopting committee reports offering
amendments to bills. The president
finally made a ruling that the adoption
of the committee report will not finally
carry amendments recommended , but
they will have to be acted upon by the
committee of the whole.
The educational committee recom
mended amendments for S. F. 36 , to
provide school libraries , the bill to
pass as amended. Its report was
adopted.
Five new bills were introduced. S.
F. 7 was placed upon its third reading.
Knepper of Butler introduced S. F.
7 to abolish county agricultural soci
eties and county aid therefor. The
senate adopted a substitute , however ,
leaving the present law in force with
an amendment that leaves it optional
with eacu county board whether aid
shall be given or not. The substitute
passed by a vote of eighteen to nine.
The senate then went into commit
tee of the whole with Noyes of Doug
las in the chair. S. F. 16 , by Prout
of Gage , was the first bill for discus
sion. The bill provides for the pay
ment of costs in misdemeanor cases
by the county upon the approvalof
the county attorneys and is as follows :
"Section 1. That section 535 of
chapter of the Criminal Code of the
State of Nebraska be amended so as
to read as follows : Section 535. That
no costs shall be paid from the county
treasury in any case of prosecution
for a misdemeanor , or for surety to
keep the peace , unless prior to the Is
suing of the warrant in such case , the
county attorney of the county in which
such action is brought shall have ex
amined into such complaint and shall
endorse thereon his approval of the
same. In all such cases costs shall
be allowed by the county commission
ers the same as in cases of felony
tried in the district court. "
Senator Craw's amendment for In
definite postponement prevailed by a
vote of 19 to 10.
When the senate me ; on lie 2d the
clerk of the house announced the pas
sage of the following bills by that
body : H. R. 114 , 93 , 90 , 24 , 75 and 40.
Bills on first and second reading were
numerous.
The judiciary committee reported
the usual batch of reports. S. F. 140
was recommended to pass ; also S. F.
142 , 144 , 132 and 129. The banking
committee recommended S. F. 47 for
indefinite postponement. It provides
.he amount of fees to be paid the state
jy state banks and was introduced by
Canaday of Kearney. The committee
on highways recommended H. R. 18
and H. R. 77 to pass. All committee
reports were adopted.
The senate went into committee of
; he whole to consider bills on general
He. Van Dusen of Douglas was called
to the chair.
S.F. 24 , by Talbot of Lancaster , was
reported back for passage. It changes
section 283 of the Civil Code , relating
to the procedure in the trial of causes ,
as follows :
"Third The party who would be de-
'eated if no evidence were given on
either side , must first produce his evi-
lence ; after he has closed his evidence
: he adverse party may interpose and
Ble a demurrer thereto upon the
ground that no cause of action or de-
! ecse is proved. If the court shall sus-
; ain the demurrer such judgment shall
be rendered for the party demurring
is the state of the pleadings and proof
shall demand ; if the demurrer be over
ruled , the adverse party will then pro-
luce his evidence. "
S. F. 62 , by Fowler of Fillmore , pro
vides that in replevin cases in justice
: ourts that go to trial and the jury
inds the value of the property to ex-
: eed $200 , the justice shall not enter
udgment , but at once transcript the
jase to the district court. The bill
rvas recommended to pass.
S. F. 80 , by Owens of Dawson , , a cur-
itive act , was recommended to pass.
S. F. 86 , by Rocke of Lancaster , anther -
) ther curative act , was recommended
'or passage.
S. F. 41 , by Currie of Ouster , the
'ree high school act again came up at
he request of the introducer. The bill
vas recommended for passage Monday ,
jut was recommitted to get legal ad-
rice as to its constitutionality. After
; ome minor amendments the motion
) f the previous day was renewed and
he bill recommended for passage , after
vhich the committee arose.
As the senate met on the 3rd , Sen
ator Howard of Hamilton was still
ibsent on account of sickness.
Upon motion of Halderman of Paw-
ice the secretary of the senate was
nstructed to take a complete inven-
: ory of senate property , stencil it as
'senite property" and enter the in
ventory in the journal , -so that the
lext session may know what property
the senate should have.
The senate went into committee of
: he whole , with Prout of Gage in the
: hair. S. F. 93 , by Prout of Gage , a
curative act , was recommended ; to
pass.
S. F. 109 , introduced by Fowler of
Fillmore , reducing the minimum dog
tax from $3 to $1 in cities of the second
class and villages , was recommended
for passage.
S. F. GO , a bill introduced by Talbot -
bet of Lancaster by request , provides
for the appointment of a state board
of embalming , to regulate the embalm
ing of dead bodies and provide for the
registration of embalmers , to whom
certificates shall be issued.
Canaday of Kearney moved thai the
bill be indefinitely postponed. Talbot
of Lancaster moved to amend that the
bill be reported for passage. So order-
Cfl.
Cfl.S.
S. F. 90 , by Noyes of Douglas , which
limits the amount of money that can
be raised in school districts for main
taining schools to § 400 for districts
having four or less pupils , and not
to exceed $30 per pupil for all in ex
cess of four children , was recommend
ed for passage.
Bills were introduced as follows :
By Talbot : Creating a food commis
sion , defining its powers and duties
and of the officers and agents thereof :
regulating the manufacture aid sale
of foods , including "imitation butter"
and "imitation cheese" and dairy pro
ducts ; providing for a system of re
ports , inspection jind permits and fix
ing fees for the same ; providing penal
ties for violations of this .act ; making
an annual appropriation for carrying
this act into effect , and repealing all
acts and parts of acts in conflict here
with.
To amend sections 26 and 134 of
chapter xxvi. of the Compiled Stat
utes of 1897 , entitled "Elections. "
S. F. 255 By Talbot : To regulate
the fees and taxes of mutual fire in
surance companies.
To amend section 6. 11. 21. 41 , 59
76 and subdivision vii. of section 69 ,
chapter xiv. , cities of second class and
villages , article 1. less than 5,000 in
habitants. Compiled Statutes of 1897.
To amend section 88 , chapter Ixxviii ,
Compiled Statutes of 1897 , and to re
peal said original section , relating to
counties entering into joint contracts
to build bridges between two counties.
To amend section 104. of chanter
Ixxviii. of the Compiled Statutes for
1897 , and to repeal said original sec
tion 104 of chapter Ixxviii. of the Com
piled Statutes of Nebraska for 1897 ,
relating to the payment of road dis
trict warrants.
House.
Hibbert of Gage offered a resolu
tion on the house on the GOth pro
viding that hereafter all bills should
be printed in the order in which they
were introduced. The resolution was
adopted. After reading a few bills the
house took part in the joint-session.
The vote for senator resulting as fol
lows : Allen 52 , Hay ward 31 , Webster
10 , Thompson 7 , Field 5 , Weston 4 ,
Reese 2 , Foss 2 , Hinshaw 1 , Van Du-
sen 1 , Lambertson 1 , Aedams 1 , Cor
nish 1 , Valentine 1 , Norris 1.
After recess the regular order was
bills on third reading. K. R. 22 was
taken and passed by a vote of 81 to 3.
The bill amends sections 30 and 31
of chapter xxiii of the statutes entitled ,
"Guardian and Wards , " and provides
for the arrest of guardians on information
mation showing misconduct , allows
for opportunity for defense and con
cludes with :
"If , upon the testimony adduced , it
appears to the probate judge that the
guardian is unfit for the trust , and
that the condition of such minor
would be amelioriated by the removal
of such guardian , the judge shall re
move him and appoint another in his
place. "
The principal object of the bill waste
to correct a defect in the original law.
H. R. 31 , by Evans , making a slight
amendment to section 602 of the Civil
Code , relating to the vacation or mod
ification of judgments , was passed by
a vote of 87 to 0.
H. R. 94 , by Hathorn , provided that
all moneys remaining in the hands of
the state treasurer at the date of the
passage of this act belonging to the
following funds penitentiary , normal
building , state bond , capitol building ,
reform school building , Institute for
Feeble Minded , live stock indemnity ,
state relief , conscience and interest
charged county treasurers , shall be
transferred to the general fund , and
all moneys coming into these funds
hereafter from back taxes shall be
credited direct to the general fund. "
The bill was read and passed by a vote
of 87 to 0.
H. R. 41 , by Thompson of Merrick ,
requiring that assignments of mortga
ges and trust deeds , to be valid as to
creditors and subsequent purchasers ,
must be made in writing , signed by
the assignor , in the presence of at least
one witness , with Acknowledgement
and recording the same as in other
deeds , was passed by a vote of SO to
7.
H. R. 77 , by Lane , correcting an
error in .section 18 , chapter Ixxviii ,
Compiled Statutes , entitled "Roads , "
was passed by a vote of 85 to 3.
The house went into committee of
the whole , with Prince of Hall in the
chair , and H. R. 171 , the State uni
versity bill , by Clark of Lancaster ,
was taken up. Mr. Clark took the
floor and explained the puipose of the
bin.
Lengthy debate followed when the
motion to kill the bill was defeated
by an overwhelming vote and the
committee recommended it for passage.
McGinley of Otoe offered the follow
ing resolution in the house on the 31sl
and moved its adoption :
Whereas , The legislature of the state
of Nebraska , at its session in the year
1893 , enacted a maximum freight law
prescribing the maximum freight rates
to be charged 'by ' the railroads in Ne-
breska ; and
Whereas , Said law has been declared
to be constitutional by the supreme
court of the United States , but that un
der the conditions then existing it was
held by said court to be inoperative on
the grounds th t the rates therein pre
scribed would not at that time afford
adequate compensation to the railroad
companies ; and
Whereas , Conditions have material
ly improved so that said law should
be enforced , at least in part ; and
Whereas , It would be expedient at
this time for the legislature to attempt
to enact new laws upon said subject
as long as said law is upon the statute
books of this state ; and
Whereas , It is prescribed in § aid law
that the state board of transportation
has authority to reduce the rates on
any class of commodity in the sched
ule of rates fixed in said bill ; and
Whereas , The supreme court of the
United" States has given permission to
the said board of transportation of
the state of Nebraska to apply for a
modification of its decree at any time
when the enforcement of said law
would be just and equitable to the people
ple of the state of Nebraska and to the
railroad companies : and therefore be it
Resolved , That the board of trans
portation and the attorney general of
this state are hereby authorized ana
instructed to forthwith make applica
tion to the supreme court of the Unit
ed States for a modification of the de
cree heretofore rendered by it and in
said case , should they deem it neces
sary ; and be it further
Resolved , That in case said lioard
is unable to obtain a modification of
the decree of the court so as to allow
it to enforce said entire act , tnat It is
the opinion of this legislature that spe
cial effort should be made to obtain K
reduction of railroad rates on grain ,
live stock , coal and lumber , the four
great commodities in which the pee
pie of Nebraska are specially interest
ed ; and be it further
Resolved. That said board is in
structed to seek a modification of th (
decree of said court in such manner
and to such an extent as to allow said
board to enforce said act by prevent
ing any railroad in this state from dls
criminating in rates in favor of any
other section of the state , and agains
any other section of the state ; and be
it furthpr
Resolved. That the board of trans
portation is authorized to employ
counsel in this case to assist the at
torney general , should said board deem
it necessary.
After protracted discussion , partic
ipated in by many members the reso
lution was defeated.
H. R. 43. by Grandstaff , providing
a penalty of $200 or one year in jail
for the crime of adultery , was recom
mended for oassagp.
H. R. , by Prince , relating to fore
closure of mortgages , was recommit
ted on motion of the introducer.
H. R. 114 was recommeended for
passage.
H. R. 93 , by Weaver , amending sec
tion 601-a of the Civil Code , making
it unnecessary to have a complete
record in the supreme court cases , ex
cept in original causes , was recom
mended to pass.
H. R. 60 , by Carton , repuiring the
expenses on peace warrants to be
drawn from the general fund of coun
ties , where not otherwise collected.was
recommended for passage.
H. R. 75 , by Lane , to correct the
wording in section 41 , chapter xix.
Compiled Statutes , was recommended
for passage.
H. R. 55 , by Prince , providing that
warrants and orders of municipal sub
divisions less than a county draw in
terest at 7 per cent after date of pre
sentation for payment , state warrants
4 per cent and county and city bonds
at 6 per cent , was recommended for
passage.
The joint ballot for senator today
resulted : Allen , 58 ; Hayward , 34 ;
Webster , 10 ; Thompson , 7 ; Field , 5 ;
Weston , 4 ; Reese , 3 ; Foss , 3 ; Hin-
shaw , 1 ; Van Dusen , 1 ; Lambertson ,
1 ; Adams , 1 ; Cornish. 1 ; Valentine , 1.
The house on the 1st listened to the
reading of a petition from citizens of
Nemaha countv asking for the pas
sage of a law fixing a penalty of $10u
for the killing of quail , prairie chick
en or other birds except English spar
rows for the next five years and asked
that one-half the amount of the fine in
each case go to the informant.
The following report on the post-
office case was submitted :
Your committee to investigate the
allegations concerning the postofflce
of the house reports as follows :
That the letter was written by one
member to his own wife , but was
through error and good intention di
rected to the wife of another by some
person connected with the postoffice
of the house and not by the writer nor
the husband of the recipient : that the
lady who received it knew it was not
written oy her husband nor to her ,
but was intended by some other man
than her husband and for the wife of
the writer :
That this should be a warning to ah
persons who are supposed to be con
nected with the directing of this let
ter to the wrong person not to do it
again and is also intended to compli
ment the sound sense of the lady who
received the letter not intended for
her.
ALLEN G. FISHER.
J. H. CHAMBERS.
R. OAWTHRA.
H. R. 150 , one of the bills killed ,
was the bill providing a penalty for
failure to vote at general elections.
H. R. 144 was a bill making cities or
10,000 inhabitants cities of the first
class. H. R. 145 designated cities be
tween 5,000 and in 10,000 inhabitants
to be cities of the second class.
On third reading H. R. 36 , the Gros-
venor inheritance tax bill , was taken
up and passed by a vote of 62 to 28.
House roll 114 , amending the act
relating to the appointment of su
preme court commissioners , was pas
sed with an emergency clause. II Is
as follows :
Section 1 That section 3 of an act
entitled "An act authorizing the ap
pointment of supreme court commis
sioners and defining their duties , " ap
proved March 9 , 1893. as said section
was amended by an act entitled "Aii
act authorizing the appointment of su-
reme court commissioners and defin
ing their duties , " approved March 9 ,
1893 , and to repeal said original sec
tion , approved March 12 , 1895 , be and '
the same is hereby amended so as to
read as follows : "Section 3 The said |
commissioners shall hold office for the j
period of three years from and after I {
their appointment , during which time ' c
they shall not engage in the practice
of law. They shall each receive a sal
ary equal to" the salary of a judge of
the supreme court payable at the same
time and in the same manner as salar
ies of the judges of the su reme court
are paid. Before entering upon the
discharge of their duties they shall
each take oath provided for in section
1 of article xiv. cf the constitution ref
of the state. All vacancies in this c
commission shall be filled in like man5 5
tier as the original appointment. Provided - , c
vided , That upon the expiration of the t r
terms-of said commissioners as hereInbefore - |
Inbefore provided and at the end of , t
each period of three years thereafter j s
the said supreme court shall appoint I
three persons having the same quali
fications as required of those first
appointed as commissioners of the su
preme court for the ending period of
three years , whose duties and salar-
X
ies shall be the same as those of the
commissioners originally ap olnted. "
Pollard of Oass moved that H. R.
137 , the revenue bill , be made a special
order for next Monday afternoon. Mr.
Pollard exclaimed that the bill had
been recommended for passage and
was ready to be disposed of. After
discussion it was moved that the spe
cial order for 137 be made for one
week from Monday. This amendment :
was adopted by a vote of 58 to 20.
A resolution Inviting W. J. Bryan , to
address the house on the subject of
the election of senators by a direct
vote of the people was tabled by a
vote of 43 to 41.
The joint vote for United States sen
ator resulted as follows : Allen 5S ,
Hayward 35 , Webster 10 , Thompson
S , Field 4 , Weston 4 , Reese 3 , Foss 3 ,
Hinshaw 1 , Van Dusen 1 , Lambert-
son 1 , Adams 1. Cornish 1.
The resolution oCeretl fcy Swan of
Nemaha regarding the Omaha expo
sition , came up the first thing in the
house on the 2d. and on motion of
Olmstead of Douglas the resolution
was indefinitely postponed without
opposition. Previous to the vote be
ing put Mr. Olmstead made a brief talk
in support of his motion.
S. F. 81 , by Owens of Dawson , to
make the law governing cities of the
second class uniform by providing in
all sections for the government of cit
ies from 5,000 to 10000 inhabitants
by its provisions , was recommended
for passage.
S. F. 58 , by Talbot of Lancaster , one
of the curative acts , was rec-.ininendt.d
for passage.
S. F. 45 , introduced by Alexander ot
Adams , provides that individuals
shall be joined with municipalities us
defendants in personal injury suits ,
the former being owners cf the real
estate in front of which the accident
occurred. Crow oC Dnuclas moved
that the bill be indefinitely postponed ,
owing to the difficulties in carrying
out the provisions of the bill. The mo
tion prevailed and the bill was killed.
After recess the sergeant at arms
brought Judge Skipton of Fillmoi-e be
fore the bar cf the house to answer
the contempt charge. Skipton an
nounced that he had brought in the
ballots wanted by the election commit
tee and hail turned them over to that
committee. On motion of Fisher oC
Dawes the prisoner was declared
purged of the charge of contempt end
was released.
Bills were introduced as follows :
To authorize the board of public
lands and buildings to purchase a tract
of land not exceeding forty acres for
gardening purposes for the Norfolk
insane asylum and appropriating $4-
500 therefor.
To amend section 7 , chapter xxvi.
of the Compiled Statutes of 1897. Re
duces number of justices of the peace
from three to two.
To amend section 2 of chapter 1 of
the statutes of 1897. Amendment pro
vides that liquor notires be published
"in a newspaper in said county , " leav
ing out the provision that it must be
paper of largest circulation.
To amend section 592 of the Code
of Civil Procedure. Amendment plac o
es limitation of proceedings to vacate
or modify judgments at six months in
stead of one year. T
The joint vote for senator resulted :
Allen 57. Webster 10. ield 4. Reese.
1 , Hinshow. 1 , Van Dusen .1 , Cornish
1 , Hayward 35 , Thompson 9. Weston
4 , Foss. 1 , Lambertson 1. Adams 1.
necessary to choice G4.
In the house en the 3J standing com
mittees reported H. R. 1S3 , 101 , 4 , 190.
158 and 20o and S. F. 29 for general
hie and reported 120 , 152 , ISO , 73 and
175 for indefinite postponement. All
these reports were adopted , although ,
there was a fight to have 120 and 152
placed on general file. H. R. 120 waste
to provide for the survey of a north
and south railroad under the direction
af the governor at a cost of $12.000.
ind 152 was a bill compelling railroad
companies to build fences. H. R. S9 ,
repealing the wolf bounty act , was re
committed.
Ehvood of Antelope offered the fal-
owing resolution :
Whereas , he opinion as expressed by
; his house that United States senators
should be elected by a direct vote of
; he people ; therefore , be it
Resolved. That we hereby request
3ur senators and representatives ia.
: ongress to procure as scon as possible
.he submission of an amendment to the
: onstitution of the United States for
atification , providing for the election
af United States senators by direct
: ote of the people , be it further.
Resolved , That a copy of these reso-
utions be sent to each of our senators
ind representatives in congress.
Jansen cf Jefferson moved to table
he resolution , which was defeated by
i vote of GO to 19 , and the resolution
vas dcpted.
Evans of Adams offered the follow-
ng resolution :
Whereas , The government of the
Jnited States and the government of
5pain have , after long and careful ne
gotiations , agreed upon a treaty of
teace and the terms of that treaty are.
n all its substantial features , in ac-
ord with the terms proposed by the
Jnited States ; and ,
Whereas , A failure to ratify the
reaty by the senate of the United
States would place the government of
he United States in a ridiculous pcsl-
ion before the world in failing to
atify what it had itself proposed : and.
Whereas , The ratification of thd
reaty in no manner commits this gov-
rnment to the so-called policy of ex
pansion or Imperialism , but simply
mts an end to the war , and permTs
he nation to assume and perform the
iulles imposed upon it by the results
if the Spanish-American war ; there-
ore Resolved , That the house of repre-
entatives of Nebraska hereby respect-
ully requests Senators Allen ami
'hurstcn to vote for the ratification
f said treaty of peace.
The resolution was adopted.
H. R. US , by Sturgess , to require the
urtitor of public accounts to annually
scertain sinking fund , interest ac-
rucd and to acrue upon all bonds res
tored in his office and report to the t " * -
ounty clerk of same county , was
rrommcmled to pass.
The joint vote for senator resulted
uclay : Allen 55. Hayward 37. Thomp-
on 10. Webster 10. Pield 4. Weston S.
' 0-5 1. Rocs ? 1. Lambertson 1. Adams
, Hinshaw 1. Van Dusen 1. Cornish 1.
Necessary for a choice , 64.
-t _ .
The plumber is the only man who Is Ixi
cally benefited by hitting the pipe.