. -r
t? -5.-
VOLUME XXIX -NUMBER 41
columbus. tfiiBRAskA, Wednesday. January 25, 1899.
WHOLE NUMBER 1,498.
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Nelson of Minnesota Covets
More Earth.
DEfENDS THE RIGHT TO ACQUIRE
A Vigorous Speech Against the Resolu
tion of Mr. Vest Cases of Texas aad
llnnall rotated To us Arguments la
I'uturol KxjMiiciou.
WASHINGTON. Jan. 21. Tho senate
vras iu bCssioa lor live hours and a
half today, but the sestlon was prac
tically barren of results. Two nota
ble speeches were delivered, one by
Ir. Nelson, republican of Minnesota,
irt opposition to Mr. Vest's anti-expansion
resolution, and the other by Mr.
White, democrat of California, a per
sonal explanation of his position with
respect to the instruction given the
California senators by the legislature
in that state as to the" pending peace
treaty.
Mr Nelson's address was a constitu
tional argument in support of the
United States' right to acquire and
j;ovcrn foreign territory. He main
tained that it was no longer an unset
tled question that this country had the
power not only to acquire foreign ter
ritory 13' discovery, conquest or treaty,
but also to govern territory so acquir
ed. That question, he said, had been
Gcttled by decision of the supreme
curt, and was scarcely lonzrcr open
to debate. He referred to the territory
that bad been acquired in the past by
tho United States government and de
clared that in no single case had the
people of the territory acquired been
consulted or their consent secured. In
the two cases of Texas and Hawaii wp
had more nearly approached the point
of consulting the inhabitants than any
other and even in those cases there
was but a shadow of consultation. In
that of Hawaii less than 5.000 of the in
habitants out of a total of 12.",000 had
been asked for their consent to an
nexation. In the course of this debate. Senator
Ne'son said, the contention was being
made that the people of the territory
proposed to be acquired were not fit
for citizenship in our republic. Ad
mitting that that contention was cor
rect, it was quite r-s true that the peo
ple of such territory hitherto acquired
by this country were unfit for citizen
ship at the time the territory was
tal.cn into the union. Had we applied
the reasoning that was now being ad
vanced against acquisition of territory
tb people of Florida and the T-ouis-iana
territorv when they were admit
ted into the United States could
scarcely have passed muster, as it is
well known that they were not fitted
for citizenship.
Mr. Nelcon then entered upon an
elaborate constitutional argument.
citing numerous authorities in support
of his wxition. 11" maintained that
the arguments that taxation without
leprcsontation was tyranny and that
governments derive their just powers
from the consent of the governed were
tine only in limited extent. A ma
jority of our people, he said, were
without direct representation. Wo.
men. minors and imbeciles were with
out representation in our government
and had to bear their share of taxa
tion. They had. in other words, to
undergo the burdens of our govern
ment without any voice in its control.
In response to a question by Mr. Ma
son. Mr. Nelson said that no man could
truthfully say that the rights of Eng
lishmen had been destroyed or even
In any sense impaired by Great
Britnn's great scheme of colonization.
Further replying to Mr. Mason he de
clared that the United States was the
product of the colonization plans of
England and demanded to know
whether Mr. Mason would desire to
blot out that great work of England.
What the people of England have done,
said he, certainly the people of the
United States could accomplish. Col
onics hare not destroyed England;
how will they have destroyed us?
Mr. Tillman, interupting Mr. Nelson,
nnd refcrins to the contest between
Sweden and Norway and the practical
severance of their relations, inquired
why the Norwegians at home wanted
liberty, while those of the United
States did not desire to give liberty to
the Filipinos. This reference to Mr.
Nelson's Norwegian birth aroused him.
"I am a citizen of the United States,
Mr. President." he replied. "I am not
representing either the people or the
government of Norway, whose rights
and liberties J am satisfied are greater
than those- of the people of South Car
olina." (laughter.)
Mr. White of California made a per
sonal explanation of his attitude in
relation to the peace treaty in response
to the instructions of the California
legislature to vote for the ratification
of the instrument. He said he had
not joined with Mr. Perkins in the
request for such instructions and that
he could not be governed by them.
a- he did not consider that a United
States senator was under obligations
to subordinate his own conscience and
convictions in national questions to
the temporary operations of a state
legislature.
Payne to Succeed Dingley.
WASHINGTON, Jan. 21. The suc
cession of Representative Payne to the
chairmanship of the ways and means
committee, which is regarded as as
sured, is leading to conjecture as to
who will become the additional repub
lican member of the committee to .fill
the vacancy made by Mr. Payne going
up. The names of Mr. Sherman of
New York, and Messrs McCall and
Lovering of Massachusetts are being
discussed.
Substitute Plan for Army.
WASHINGTON. Jan. 21. It is un
derstood to be the purpose of the ad
ministration in the event that con
gress fails to act upon the army reor
ganization bill after ratifying the
peace treaty, to ask the passage of a
joint resolution in the nature of an
emergency measure, continuing the
authority conferred by the war legis
islation to keep the army up to a
strength of 60.000 men.
So far 5S000 men have gotten into
the ranks of the regular army under
the authority thus conferred.
Quay Iclr Thirteen Votes
HARRISBURG, Pa., Jan. 21. Sena
tor Quay is still thirteen votea-hort
of election. There were 210 votes
polled today and of these the senator
received 93. There has been no break
in the lines of the anti-Quay republi
cans or the democrats.
Bids to Repatriate Spaniards.
. -WASHINGTON, Jan. 21. The war
department has issued an invitation
for bids from respconsible shipping
concerns of all nations for transporta
tion of the Spanish in the Philippines
from Manila to Spain.
FAVORS
EMSION
UNCLE SAM TAKE A HAND.
Will laslst Upon Righteous Adjustment
of SatnoaB Snceessloa.
WASHINGTON. Jan. 21. The state
department Is moving with due delib
eration, yet with firmness, respecting
the adjustment of conditions in Sa
moa and is directing all of its efforts
to the use cf lawful and regular mean3
to settle the succession at Apia. In
fact it was its insistence upon the com
pliance of all the parties to the tri
partite treaty with the terms of that
document so long as it stood unde
nounced and unamended that has madd
its position so fitrong legally at this
juncture.
There is still a lack of official re-
nnrts nnrm thf details of the Stiniuff
I events at Apia. A brief statement cf
these events has reached the depart
ment through the United States dis
patch agent at San Francisco, but so
far as can be gathered it is not yet
known just why Chief Justrce Cham
bers decided that Mataafa, the Ger
man candidate for the succession to
the throne of Samoa, was ineligible.
It is suspected-here that the decision
was based on the use of the imoropcr
influences by outside parties inter
ested in the election of a king. That
established would be sufficient to dis
qualify Mataafa under the strict terms
of the treaty which expressly pro
vides for an untramelled choice by th
natives according to their own estab
lished cuRtomft.
The United States government must
adhere to the terms of the treatv so
long as it stands, this being a dutv
imposed upon the government by the
document itself, so it is to be presum
ed, in the absence of an official stat -ment,
that the instructions sent vo the
United States consul general at Apia,
and perhaps also Ambassador White
at Berlin, are to be governed by thi.
understanding in any presentation of
the case that it may be necessarv to
make.
The navy department's order to the
Philadelphia did not go to Admiral
Kautz until yesterday. Then t'iey were
in the shape of instructions to take
on a full supply of coal and make rea
dy for a cruise to Samoa. There was
not an explicit order to start but sim
ply to make ready. If the adam?.!. as
reported in the press dispatches, finds
that his ship's bottom is so foul
through its cruise in the southern wa
ters as to be unfit for the vova-ze to
Samoa, he probably will be authorized
to use divers to clean the hull, for the
department has decided t'at the snip
should not be sent to the Mar 2 Ulan J
navy yard to be fitted out.
Consnl at Samoa a Xebraskan.
OMAHA. Neh., Jan. 21. The revolu
tion at Samoa and the threatening in
ternational complications have brought
into prominence the United States con
sul at Apia. Luther W. Osborne of Ne
braska. Osborne is a pioneer of this
state and was appointed to Samoa two
years ago. He resided at Blair, Wash
ington county, and was a prominent
republican. He was born at Ithaca, N.
v nn.i pntered the union army during
! tile civil war. While in front of Rich
mond with Grant he cast his first vote
it was for Lincoln for president.
Later he studied law with Hon. George
R Bradley cf the court of appeals of
New York at present, and came to
Blair in 1800. In 1873 Mr. Osborn rep
resented Washington and Burt coun
ties in the legislature. For a quarter
of a century he was regarded as one of
the leading lawyers of the state. In
1876 he was a delegate-at-large to tha
republican national convention.
Word from Consul Osborne.
WASHINGTON. Jan. 21. Cipher
dispatches from Consul General Os
borne at Apia, in relation to the diffi
culties in Samoa, are being received
at the state department, but only the
meager information is given out. From
a source thoroughly reliable it is learn
ed that Germany has resented the par
tition of the islands ever since the
making of the Berlin treaty and while,
up to this time, the three signatory
powers to the treaty, the United
States Great Britain and Germany,
have gotten along without an open
rupture between representatives of
these powers in the island, it has not
been because of any lack of friction.
Oeborne was advised todav via Auck
land that the Philadelphia had been
ordered to Samoa and would arrive
arrive there about the second week in
February and that he must stand firm
on the question of upholding the term
of the treaty.
The Postofflce Bill Passed.
WASHINGTON. Jan. 21. When the
house met yesterday the pending ques
tion was on the motion of Mr. Swan
son to recommit the postoffice appro
priation bill with instructions to strike
from the paragraph appropriating
300,000 for mail facilities in Cuba,
Porto Rico and the Philippines islands,
the words "newly acquired territory."
The democrats opposed this language.
To avoid a roll call which had been
ordered. Mr. Loud, in charge of tne
bill, asked unanimous consent that the
words he stricken out, as they were
unnecessary, here was no objection
and the bill passed.
Opposition to the Exposition
WASHINGTON. Jan. 21. Organized
opposition to the joint resolution In
relation to the Greater America Expo
sition resolution introduced in the sen
ate by Thurston and in the house by
Mercer has developed within the last
twenty-four hours, with Stark of the
Fourth district leading and Strode of
the First lending assistance. Maxwell
is the only member of the Nebraska
delegation outspoken in is support.
Strode has asked for a hearing on the
resolution now pending before the
ways and means committee and Tues
day of next week has been named in
which to hear the Lincoln member.
No Pay for Returning Troops.
WASHINGTON, D. C. Jan. 21. In
accordance with an order just issued,
enlisted men discharged in Cuba, Por
to Rico. Hawaii and the Philippines,
or other places outside the United
States, will be provided free transpor
tation to the United States on govern
ment transports, and will be assisted
by the subsistence department to port
of destination. They will not be en
titled to travel pay from port of em
barkation to the United States, nor to
commutation of rations for the time
so subsisted on the transports.
American Xeat for Manila.
SAN FRANCISCO. Jan. 2L.-The
transports Scandia and Morgan City,
which are soon to sail for Manila, will
carry a large supply of California meat
to .feed the soldiers in the Philippines.
On the Morgan City 40,000 cases of
canned meats have been placed -ihlle
40.000 pounds of frozen asef will be
put on board the Scandia toit Sun
day morning.
The receiver's report of the Security
Title and Trust company of Chicago
tbowi Mttlf, f(te,77l; iltVUmt, fill,.
11 iW
A Record of Proceedings in
Both Branches.
DAILY DOINGS OF THE TWO ROUSES
Mature of Some of the Hills Introduced
Hid Disposition Made of Tlicm A Sttui
aiary of the More Important Work of
Nebraska's Legi-latare.
Senate.
. When 'the senate met On Uie 13th,
the committee on military affairs,
through Senator Barton, its chairman,
presented a report on the Stotscnberg
resolutions, and offered the following
Resolved, That our senators and
representatives in congress be request
ed to urge the honorable secretary of
war to immediately hear and deter
mine all charges now on file in the of
fice of the adjutant general of the arm?
against Colonel Stotsenberg, colonel of
First regiment of Nebraska volunteers,
for violation of army regulations to
ward the men in his command.
Two substitute resolutions were of
fered and the greater part of the foro
mon was spent in considering them,
the report of the committee being
finally adopted.
Senator Currie of Custer presented
the fonowing list of additional em
ployes, whica was adopted:
Committee Clerks Finance, ways
and means, Frank Home; miscellan
eous corporations, William A. Gard.
ner; municipal aflairs, A. B. Tayior;
highways and bridges, Theodore Palm-
, quist; state prisons .John L. Dcty;
insurance and immigration, A. u. car
ry; revenue, C. M. Uigg; accounts and
expenditures, George B. Mair.
Engrosing clerks. W. A. McKinncy,
Herbert J. Paul, J. A. Stanley, L. T.
Miller, A. C. Gordon, Miss Emma Mun
nccka, Clnra Beemapt J. H. Hall;
proof reader, W. T. Sinelar; pump en
gineer, Charles Burns; typewriter,
Maggie Kracse, clerk. Harry Marrian;
custodian and janitor of committee
rcoms, H. G. LIcMinin.
The senate or the lGth was called to
order by the lieutenant governor. Sen
ator Howard was the only absentee.
New employes were agreed to as fol
lows: Engrossing clerk. Everett
Milks; clerk of committee on public
lauds and buildings, Wiilar Weedon;
copyholder, W. It. Stewart; clerk of
committee of agriculture. John Sherel;
clerk of committee on enrolled and en
grossed bills. E. M. Havens; engross
ing clerk, I. C. Ilarnley; clerk of com
mittee on military affairs, L. C.
WrighL
A large number of bills were intro
duced and read at large on first read
ing. Bills read on second reading were
referred to the following committees:
Senate file 48. to committee on consti
tutional amendments and federal rela
tions; 49. revenue; 50, finance, ways
and means; 51, raiiroads; 52, live
stock and grazing; 53. counties and
count' boundaries; 51, revenue; 55,
Judiciary; 56, judiciary; 57, judiciary;
58, judiciary: 59, judiciary, GO, misccU
laneous subjects; 61. banks and cur
rency; 62, judiciary; G3, counties and
county boundaries: C4. counties and
county boundaries: 65, judiciary; 66.
judiciary; 67. judiciary; 68, mines and
mining; 69, judiciary; 70, judiciary;
71, judiciary; 72, miscellaneous sub
jects; 73, judiciary; 74, insurance; 75,
judiciary; 76, judiciary; 77, live stock
and grazing; 7S, agriculture; 79, judi
ciary; SO, judiciary; SI, municipal af
fairs; 82, judiciary; 83, judiciary; 81,
live stock and grazing; 85, judiciary;
86, judiciary; S7, insurance; S8, rail
roads; 89, education; 90, finance, ways
and means; 91. education; 92, judici
ary; 93, judiciary; 94. judiciary; 93,
judiciary; 96, judiciary.
On motion of Senator Talbot, ballot
ing for United States senator was made
a special order for tomorrow at 11 a.
m.-
When the senate was called to order
on the 17th by President Talbot every
memler was in his seat. The journal
was read in part, its further reading
being dispensed with on motion of
Senator Huhlerman.
Senator Schaal of Sarpy sent up to
the secretary's desk a resolution peti
tioning congress against any entang
ling alliance with Great Britain, and
moved its adoption under suspension
of the rules. The resolution was ta
bled. The hour of 11 o'clock having ar
rived the senate proceeded to the bal
loting for United States senator.
Lieutenant Governor filbert read
the regulation for the election of sen
ator, after which Secretary Morgan
called the roll of the senate, each sen
ator as his name was called respond
ing with the name of his choice.
The ballot resulted as follows: Allen
12. Hayward 8, Webster 3, Thompson
2, Field 1. Hinshaw 1, Lambertson 1,
Weston 1, Davidson 1, Valentine 1,
MtUo 1, Cornish 1.
The total number of votes cast was
thirty-three. The vote having been
read and verified it was announced bv i
the chair that no one had received a
majority of the votes cast, and the
secretary was instructed to so record
it in the journal.
Senator Halderman of the commit
tee on printing reported recommending
that the senate reconsider its action
of yesterday ordering ths return of
files furnished by the secretary of
.state to their manufacturers, and the
procuring of Keystone files in their
stead. The committee recommended
that the files furnished be retained on
account of the exorbitant charge for
Keystone files. The report was adopt
ed. Senator Van Dusen of the commit
tee on judiciary, reported recommend,
ing the passage of senate file No. 23.
The report was adopted and the bill
ordered engrossed for a third reading.
The law sought to be amended is that
prescribing bonds that must be eexeut.
ed in order to make an appeal in equi
ty operate as a supersedeas.
A resolution offered by Senator Tal
bot petitions congress to pass the bill
now pending granting a pension to
John M. Palmer. The rules were sus
pended and the resolution was unani
mously adopted.
Quite a number of new bills were
introduced and given a first reading.
Senator Prout of the committee on
securing committee rooms reported
that the secretary of state had not com
plied with the request of the secretary
for making committee rooms ready for
occupancy, and ordered the sergeant-at-arms
to prepare such rooms at once.
Senator Giffert's motion of yesterday
tabled until today, giving the gover
nor a messenger during the session of
the legislature, was, on motion of Sen
ator Van Dusen, laid on the table.
Senator Van Dusen explained that the
governor had not asked for a messen
ger. Among bills introduced the follow
ing occur:
A bill for an act to amend section 5
of chapter 76 of the compiled statutes
of the state oi Nebraska of 1S97, and
to repeal said original section. Re
lating to the outles and compensation
of .upervUora of registration.
ITKinnilWITIOTIC
RE
KIMMmLIMM
A bill for an act to amend section
16 of chapter 4 of article 1 of the com
piled statutes of 1897 and repealing
said section as now existing. Slaking
owners of dogs responsible for dam-vj
age done by them to sheep and other
domestic animals.
A bill for an act to amend section.
17, chapter 2, article 1, of the compiled
statutes of Nebraska, and to repeal
said section 17 as it heretofore exist
ed. Amending the law governing
county agricultural societies.
Senate file No. 147, by Owens A 1I1I J
ioi an k.ci cuiicuruiuK kuuijicuw
tion of receivers.
A number of bills went to second
reading in the senate on the 18th, and
were properly referred:
Senate file Nd. 23 is entitled ''A bill
for an act to amend section 077 of tne
code of civil procedure of the state of
Nebraska, and to repeal said original
section 677," introduced by Senate
Talbot
The section amended is as follows;
the part printed in parenthesis being
the amendment: . ".v.
"Third When the judgment, decree
or order directs the sale or delivery oipuclary: 216. judiciary; MTjwdif
the possession of real estate, the bond
shall be in such sum as the court or
judge thereof in vacation shall pre
scribe, conditioned that the appellant
or appellants will prosecute such ap
peal without delay, and will not during
the pendency of such appeal commit or
suffer to be committed any waste upon
such real estate (and if the judgment
be affirmed, he will pay the value of
the use and occupation of the property
from th'u date of the undertaking, until
the delivery of the possession pursuant
to the judgment and all costs)."
Quite a spirited discussion arose over
the measure. The committee reported
the bill back, with the recommendation
that it pass, by a vote of 18 to 11. The
committee then arose, and President
Talbot took the chair. ,
A communication w.as read addressed
by the governor to President Talbot,
signifying that should the senate so
decide he would like to be accorded a
messenger during the session.
Senators Prout and Currie were op
posed to allowing tho governor's re
quest on the ground. that the constitu
tional limit of employes had already
been readied. The motion of Senator
Talhct to allow the messenger was
amonded by Senator Van Dusen so as
to show that tho messenger was not
an employe of the senate. Tho motion
as amended was agreed to.
Quite a grist of bills wor? introduc
ed in the senate on tbc Utli.
Bills on necond nu.lin? were lefer
red as follows: Semite lil No. 159 to
committee on live stock and grazing;
160, judiciary; 161, education; 162, Ju
diciary; 103, judiciary; 164, judiciary;
1G5, highways, bridges and. ferries.
The senate considered, without defi
nite action, senate file No. 12. Tne bill
provides that no tract of land shall be
divided into city, town or village lots
unless free of liens or incumbrances
of any kind. No register of deads or
county clerk shall enter for recoid-any
such plat unless Is have attached cer
tificates and affidavits showing its
freedom from incumbrances. The reg
ister of deeds is mad? responsible to
parties suffering injury from his ne
glect to comply with :lui provisions
of this act.
Senate file No. 'i3. by Mr. Talbot,
was read for the third time. It pro
vides that appellants in cases of fore
closure under mortgage, where the
judgment shall direct the sale or deliv
ery of possession of real estate, shall
give bond, not only to commit or suf
fer no waste, but also for the pay
ment of rental value in case the judg
ment is affirmed. The bill was pasned
by a vote of 21 to 10.
The senate then adjourned to the
house for joint ballot On United States
scnalorj and returning at 12:40 a re
cess was taken until 3 o'clock.
The committee on judiciary reported
favorably senate file No. 33, by Sena
tor Talbot. The bill is an amendment
to section 4. chapter 111. of the re
vised statutes, entitled "Attorney.''
They also reported favorably senate
file No. 31, by Mr. Prout. and senate
file No. 28, by Mr. Talbot, was re
ported without recommendation. It
was placed by the senate on the gen
eral file. Senate file No. 24, by Mr. Tal
bot, and senate file No. 16. by Mr.
Prout, were favorably reported with
amendments. Senate file No. 11, by
Mr. Fowler, was reported without rec
ommendation. It was placed on the
general file.
Among bills introduced were.
A bill for an act entitled. "Fer an
act to provide that all fire insurance
policies, written and covering in whole
on or part upon property within the i
state of Nebraska, shall be written,
countersigned and issued only by a
duly authorized officer or agent cf such
company, corporation, association,
partnership or persons, resident of the
state of Nebraska, and providing pen
alties for non-compliance with the pro
visions of this act.
A bill for an act to amend section
1S9 of the code of civil procedure and
to repeal said original section 189.
defendant in writ of replevin right to
demand new sureties, upon which sure
ties offered must be examined aa to
their property qualifications.
House.
On the 13th a numher c bills were
read the second time and referred to
appropriate committees. A gris t of
new bills were likewise introduced.
House roll No. 209, by Broderick A
bill for an act to amend an act for the
organization of farmers' mutual hail
insurance companies by striking out
the word "growing" in the clause per
mitting insurance of growing crops.
House roll No. 218. by Detweller An
act to repeal an act entitled an act
providing for the redemption of real
estate from decrees and judgment liens,
passed in 1875, and being section 497a
of the Nebraska code of civil procedure
in the compiled statutes of 1897.
House roll No. 221, by Detweiler An
act to repeal section ,495 of the Nebras
ka code of civil procedure. The re
pealed section provides for new ap
praisement and orders of sale for land
levied on under execution.
House roll 222, by Detweller To re
peal an act entitled an act for tho
more equtable appraisement of real
property under judicial sale, passed in
1875, and being section 491a and c of
the code of civil procedure of 1897.
House roll No. 223. by Prince An
act to provide for the government and
regulation for the home of the friend
less, to re-enact the old law placing the
government and control in the bands
of the society.
It was 2 o'clock on the 16th when
the house met.
Easterllng o'f Buffalo offered the fol
lowing resolution: That all members
of the house who use free transporta
tion over railroads and the lines of
other public carriers in attending
this session be not allowed mileage,
and that each member fLe a statement
with the clerk of this house showing
the number of miles traveled for
which he paid- and the number of
miles traveled that he used transpor
tation. The resolution was indefi
nitely postponed.
Sturgess of Douglas offered a reso
lution as follows;
I move thatv. committee of tlirte
bo, appointed .tq investigate the' charge'
made that sta'te officer? and stateenf
ployes.havQ collected mileage from the
state while traveling on free rail
road transportation.
Burns of Lancaster moved to In
definitely postpone, and on roll call
the motion was defeated by a vote of
37 to 40.
Tho resolution was then adopted by
a vote of 72 to 19, and tho chair ap
pointed Prince of Hall, Smlthbergar
of Stanton, and 3turgces of Douglas,
Burns cf Lancaster moved that tho
committee be empowered to adminis
ter oath", nnd that they be allowed
to elnbloj' ft r.ienozrapher. The mo
tion was defeated.
The following bills were taken up
on second reading arid referred to
committees:
201, judiciary; 202, Judiciary'; M04,
miscellaneous subjects; 203, judiciary;
20G, library; 207, insurance; 208. mis
cellaneous subjects; 2"09; insurance;
210, banks and currency; 211,- eorp
rations; 212,, judiciary; 218, cotinty
seat, cointy boundaries, organiza.
ttons; 214; . cities and towns; .215;
ciary? 218, judiciary; 219, judiciary;
220, insurance; 221, judiciary; 222,
judiciary; 223, benevolent institu
tions; 224, railroad; 225, medical so
cieties. Among the bills Introduced was d
joint resolution by Cunningham of
Harlan county which reads as follows:
Be is resolved by the senate and
house that we, as representatives of
the state of Nebraska, do, in jdstieo
to and in defense of the ancestral bef
quest of liberty we now enjoy, ask
our congress at Washington ndt (td
detract from or deprociate the pridd
and glory of our national freedom by
forming any foreign alliance with a
nation such as Great Britain, whose
only evidence of power is the starva
tion and robbery of her own subjects,
and tho Oppressing, plundering and
murdering of the weak arid inwar"
like, who, by bribery, betrayal and .in
vasion, unfortunately come in her
power.
In the nouse on tne 17th Taylor of
Custer offered the following resolu
tion: Resolved, That the duties, powers
and privileges heretofore given to the
special committee on passes, by the
resolution introduced yesterday by
Mr. Sturgess and adopted by this
house, be extended to include in said
investigation and apply to judges and
commissioners of the supreme court
and members of this house. The res
olution was tabled.
The hour of 11:30 having been
reached, with all regular business
transacted, Pollard of Cass moved that
the house hbw proceed to vote on
United States senator. The inotibn
prevailed and the roll was called.
Among the bills introduced were the
following:
A bill for an act to amend section
176 of chapter xxiii, entitled "desce
dents" of the Compiled Statutes of 1897
and to repeal said section as now and
heretofore existing. Amendment gives
surviving husband equal rights with
surviving wife pending settlement of
estate. A joint resolution proposing
and agreeing to an amendment to sec
tion 1 of article iii of the constitution
of the stnte of Nebraska, and to pro
vide for submitting such ainendhient
to a vote of tho people. Relating to
the initiative and referendum. An
act to amend section 36 of article i
of chapter xiv of tho Compiled Stat
utes of Nebraska, 1897; also section 26,
chapter xx. of the Compiled Statutes
of Nebraska. 1897. and section 100 of
the Nebraska Code of Civil Procedure
as to permit cities to appeal from judg
ments without giving bond and to re
peal said original section.
Thompson of Merrick introduced the
following resolution and moved its
adoption:
"Whereas, This is the tenth day of
this, the twenty-sixth, legislative ses
sion, and.
"Whereas, Only nineteen bills of
the large number already sent to the
printer appear to have been printed;
therefore be it
"Resolved, That the committee on
public printing be requested to invest
igate and report to this body as soon
as possible as to whether or not the
party or parties to whom the contract
for printing the bills of this house Is
let are able to perform that work
without delaying unecessariiy the wdrk
of this house;"
The resolution was adopted. The
order of business for the day having
been gone through the house ad.
journed until 10 a. m. tomorrow.
The vote for senator in the house
was: Allen 46, Hayward 20, Webster
7, Thompson 5, Feld 3, Lambertson 2,
Hinshaw 1, Hamcr 1, Adams 2, Majors
2, Weston 1, Reese 2, Foss 2, Valen
tine 2, Martin 1, Van Dugro 1.
When the house assembled on the
18th all the members were present
except Lcomis.
Grosvenor introduced a resolution
providing for 500 extra copies of
house roll No. 137, the Pollard revenue
bill. On motion of Burns the number
was made 1,000 and the resolution
adopted.
At noon the sergeant-at-arms an
nounced "the senate of the state of
Nebraska" and the representatives
arose as the senators filed into the
hallr preceded by Lieutenant Governor
Gilbert. The lieutenant governor was
received by Speaker Clark at the
steps leading to the speaker's stand
and invited to take the chair. The
formula of opening a joint convention
of the legislature as provided for by
the law and the joint rules of the two
houses.
The first joint ballot for senator was
then taken, resulting as follows:
William V. Allen 5S, M. L. Hayward
2, John L. Webster 10, D. E. Thomp
son 7, Allen W. Field 4, G. M. Lam
bertson 3, E. H. Hinshaw 3, E. K. Val
entine 2, T. J. Majors 2, M. B. Reese
2, Frank Martin 2, E. E. Adams 2. J.
B. Weston 2. S. P. Davidson 1, A. J.
Cornish 1, J. H. Van Dusen 1, F. L.
Foss 1, E. J. Hainer 1.
The house being again called to or
der, the committee on privileges and
elections reported on the contested
case from Chase county, their conclu
sion being as follows:
"At the election for such office
Frank Israel received 1,137 vote3, and
George W. Benjamin received 1,082,
leaving out of consideration the votes
in all the precincts objected to by
fusionists, viz.: Busseli, Pearl, Logan,
Pioneer and Fisher in Chase county;
Highland and Swan Lake in Hayes
county, Stratton in Hitchcock county,
the votes remaining are: Frank
Israel, 1,005; George W. Benjamin,
953.
"Frank Israel having received a
clear majority of all the votes cast-in
the Sixty-seventh representative dis
trict, cast for the office of representa
tive, we recommend that he be award
ed the seat therefore in this house and'
that George W. Benjamin be ousted
therefrom."
The report went over for later con
sultation. The report made by the minority on
the foregoing case requested that the
entire matter be resubmitted. j
Among bills introduced were the i
following: j
To amend Motion 6, article Hi, chap-1
ttaf H1, Compiled Statutes of Ne
braska, and to repeal section so
amenddirvidifig that there shall
be.no stoppage' of pension In case of
vetenrri entering sohlleYs' home.
To' provide. that all lafcwr dri stats
lands and bnildfnga be' done by Hays
labor and to' provide foV the' manner
of purchasing material for the con
struction and repair of said jnibHe'
works.
To amend an act entitled. "An" act to
provide-security to the public against
errors, omissions and defects in &'
"tracts of title to real estate and for
the use of abstracts in evidence," law3
of 1887, chapter Ixiv.
Supplementary to ar act entitled
"An act concerning counties aril eotm
ty officers," approved March 1, l&7fr,
and to amend section IS, of chapter
XviH, of the Compiled Statutes- of
1897. Provides for county treasurers
keeping titi hand In bonks of the coun
ty money necessary to meet current
disbursement.
Adlourncd. x
Fifteen hew bills Were Introduced
taJttOeuejtKjSl!th, anions them
being: "
To amend section 1 of an ac! en
titled "An act t provide for a Ilea
or labor performed and material fur
nished forthe erection, preparatJon or
removal of any house, mill, manufac
tory of bfrlldng or appurtenance, be
ing chapter 82 of the laws of Nebras
ka of 1885 and to amend the title of
said act.
To provide for a fire proof wing
and heating equipment for the Ne
braska hospital at Lincoln. Nebras
ka, and id appropriate $50,000 there
for. To amend" sectidri1 93Sa of. the Code
of Civil Procedure" and to repeal said
section as now -exists. Provides . for
change of venue in civil and criminal
cases.
When the two houses met to ballot
for United States senator, the result
was tipiiopficed S follows: WHiiam
V. Allen 56. if. .Ljlaywartl 36, Joim"
I.u Webster 10, D. E. TltomSson 7, Al
len W. Field 3, E. II. Hinshaw' 3- G.
M. Lambertson 4, M. B. Reese 2. C. K.
Adams 1, J. B. Weston 2. E. J. Hainer
1, S. P. Davidson 1, F. I. Foss 2. A. J.
Cornish 1. J. II. Van Dusen 1.
On reassembling of tile house, the
chief justice of the supreme, cburl hav
ing been sent for. F. P. Israel, who
was declared elected to represent the'
Sixty-seventh district, was called b3
fore the spdaker's stand and Chief
Justice Harrison administered the
oath. . .
Speaker Clark announced that ho
would assign Israel to places on com
mittees held by Benjamin, whose seat
Israel takes, and in addition would as
sign IsraeUio the chairmanship of the
cUmmittco on live stock and Krnzincr.
Chairman Tucker Of the last named
committee having requested that thi3
change be mado.
On motion of Wheeler or Furnas
the house resolved itself into a com
mittee of the whole to consider bills
on general file. The speaker called
Rouse of Hall to the chair.
House roll No. 13, by Taylor (Cus
ter) was taken up and considered by
the committee. Taylor spoke in be
half of his bill, which provides:
That every county judge, county
clerk, county treasurer and sheriff
whose fees shall, in the aggregate, ex
ceed the sum Of $1,200 each for said
judge and clerk, and $!,60O each for
pay such excess into the treastfry cf
sheriff and treasurer per annum, tfhaMi
the county in which they hold their
respective offices.
Provided, that in counties having
more than 25,000 and les3 than 40,000
inhabitants, each of the aforesaid ofll
is who e f-03 sha'l in the aggregate,
exceed the sum of $2,000, shall pay
such excess into the treasury of tho
county In which (iiej1 hold their re
spective offices, and Drovided fnr
ther: That in counties having more
than 40,000 inhabitants, each of the
aforesaid officers, whose fees shall in
the aggregate exceed the sum of $2,500,
shall pay such excess into the treas
ury of the .county in which they ho!d
their respective offices.
If the duties of any of the officers
named in section 1 of this act shall
be such as to require assistants, then
each such officer shall 12 allowed one
deputy, whose compensation shall not
exceed one-half of the amount hereby
allowed tfig officer whose deputy he is,
also such clerks or assistants as the.
board of county commissioners may
find necessary.
None of the officers, deputies, clerk.?
or assistants mentioned in this act
shall receive for their services any
money ether than that accruing to
their respective offices.
None Of the officers named in this
act shall have any depiity,- clerk or
assistant unless the board of comity
commissioners shall find the same to
be necessary; and the board shall in
all cases prescribe the number of
deputies, not exceeding one, or assist
ants, the time for which they may be
employed and the compensation they
are to receive.
The committee arose, reported to the
house, and the report was adopted by
a vote of 74 yeas to 17 nays.
The house then adjourned.
lb Behalf of Settlers.
The following joint resolution was
passed in the senate:
Whereas, tho settlers on government
lands in Boyd county. Neb., purchased
from the Sioux Indians are Unable to
pay the price demanded by the gov
ernment fbr their homes, viz: $2.50
per acre; and
Whereas; said settlers located upon
these lands on the representations of
those in authority that the act opening
said lands to settlement provided for
the payment of $1.25 per acre and no
more; and
Whereas, the "Free Homes Bill,"
which was calculated to furnish relief
to said settlers has not received favor
able action by the present congress.
Therefore, be it $
Resolved, by the legislature of the
state of Nebraska, in its twenty-sixth
session assembled, that it hereby pe
tition and request the congress of the
United States to pass some measure
of relief for said settlers, that they
may not be compelled to abandon
their homes which they for several
years past have struggled heroically
through discouraging drouth and hard
times to retain, as many of them will
be compelled to do if relief is not
promptly coming; and
Resolved, that we do hereby call
upon the representatives and senators
in congress to at once frame a bill
which will afford the desired relief
and use all honorable means to secure
its enactment into law; and further
Resolved, that the governor of Ne
braska send a copy of these resolution
under the seal of .tne state to each of
our members of congress.
LEGISLATIVE KOTE3.
The bill for the home for the friend
less is prepared and will be introduced
soon. It repeals the law placing the
control of the society in the hands of
the governor, gives the control back
into the hands of the society and in
structs the audftor to allow claims
against the appropriations of 1897,
which haye been withheld. The bill U
quite brief but to the polh-
NEBRASKA NEWS.
The smallpox quarantine at FfiW Ira
been raised.
State Auditor Cornell was ronfinc
to his home by the grip".
Within one week three pioneers cf
Madison connty passed away.
Methodists of Bloomington arc hold
ing a series of revival meetings.
Mrs. Jennie Cole of Omaha, fell down
stairway last week and was killed.
As Kd Bartos, a thirteen-year-old
boy pf Wilbsr, was helping his father
kill hogs at Wondra's slaughter house,
he accldcntaly fell backward into the
scadlng kettle and was horribly scald
ed over hi whole body from heels to
shdaiders.. He died Iiom his injuries
soon after ifre accident
Charles Hlgginhotham, who" js said
to be wanted in Harritfon county, Ipwa.
for criminal assault on a 14-year-oJd
girl, was arrested at the Merchants-
hotol 4n Fremont by Deputy Sheriff
Lydick. Higginbotham acknowledged
his identity, and agreed to go back
wUhojrtreguhjiUoa papers.
"chsinse was recently'ma'iffe la the
directory Of the Security Mutual Life
Insurance company pf Fremont, which
will eventually mean the transferring
of the institution from that city to
Lincoln. The Fremont men who have
hun flnlilfiA ihn cnmaltir hav it
firmly estabiisiad, but as they did not
care to make it their special business
they transferred it.
f hiCre again visited Hastings last
week and for tho first time were
thwarted In their purpose by being
caught at the act. They picked the
locks of the front door of Bcvcr's
clothing store and were opening the
door when one of the clerks who had
slept in the store, sent a bullet in
their direction. The burglar left his
job without further explanation and
Four desperate crooks who are held
in jail in Columbus for shooting an
officer and wholesale robbery Used dy
namite on the jail. Tne attempt to
obtain liberty failed, however, and
two of the thugs were seriously, if not
fatally Injured. One, Waters, will
loso his eyesight. The Jail building is
considerably damaged. It is supposed
pals of the crooks supplied the explo
sive. Rev. W. E. Mathews, wife and oao
child of Loup City, were badly pois
oned by eating canned salmon, and for
a time were in a very critical condi
tion. Mr. Mathews succeeded In get
ting to the nearest neighbors, and only
by a desperate effort managed to get
Wick to his house, only a distance of
three Of" four rods. The doctor was
summoned and medical treatment soon
relieved them.
Central City is alive with new en
terprises. A new lumber yard Is in
course of construction, a new imple
ment hotlso is going up, besides minor
improvements of various kinds, and a
busy season la anticipated in all
branches of business. Old establshed
business men are enlarging thoir build
ings to accommodate increasing de
mands, and others arc moving Into
Inrger buildings.
Several Russians from the Russian
settlement, siven miles east of Fair
bury, were in totfil seeking legal ad
vice in a proposed damage suit. Nich
olas Koop, a farmer and stock raiser
in that section, had 160 fine sheep
killed by dogs some time ago. The
dugrt that did the wholesale killing
have been identified as those belong
ing to a neighbor and. he will probably
be called upon to maictf restitution.
II. Leon was arrested at Shelby for
stealing a bottle of perfumery worth
about $5, from Keebaugh's drug store.
Ho had pawned the perfumery and
some small shirt studs for a small
board bill. A man who boarded at
the same place with Leon had missed
a silk handkerchief and while the of
ficers were sho'wlhg him the assort
ment, the prisoner frtade his exit
through the side door and escaped.
Harvey B. Troxel of Beatrice has
filed a petition in United States court
expressing his desire to be considered
a bankrupt. His liabilities are cited
to aggregate about $2,700 and his as
sets consist of household furniture
worth 250, which he holds exempt
from attachment. Irving Mott of
Adams also asks to be declared a bank
rupt. His debts aggregate $700 and his
assets consist of exempted property
valued at $300.
Following is a copy of the record
of mortgage indebtedness for the
month of December, 1898, for Platto
county: Forty-two farm mortgages
filed, amounting to $47,375.73; same
released, 46, $32,550.75. Twelve town
and city mortgages filed amounting to
$7,260; released, C, $2,575. There were
55 chattel mortgage filed, aggregating
$80,994.75; and 74 released, worth $31.
647. There were no deeds ! fore
closure during the month.
The residence of Henry Axtell, in
Ue northwest part of Fairbury, was
almost entirely destroyed by fire.
Practically all of their household ef
fects were destroyed, without insur
ance. The fire originated in the sec
ond story, but the family say there
had been no light of any description
In that portion of the house for at
least twelve hours preceding the fire.
It was with difficulty that two cfcil;
dren were rescued from their beds in
one of the chambers.
Word was received at Osceola from
the superintendent of the Santa Fe
railroad that Dr. Rufus Elmer had died
on the train. The doctor left Osceola
for Arizona for tho benefit of his
health, he having lately been taken
to Winslow, Ariz. Tho body was re
turned to Osceola. The doctor was a
member of the Masonic, Modern Wood
men of America, United Workmen and
the Knights of the Maccabees, and
each of these fraternities participated
in the funeral ceremonies.
Rev. A. J. Marsh of Milford died last
week.
Omaha friends of the Thurston
rifles, having received information
from Manila that Colonel Stotsenburg
is treating the boys of the First Ne
braska "scandalously" by a system of
fines for trivial or imaginary offenses,
and Is assuming the arrogance so typi
cal of the regular army bred officer
and so intolerable to the volunteer
soldier, have forwarded to the War de
partment a series of very pointed res
olutions asking that Colonel Stotsen
berg be transferred from the command
of the First regiment back to his own
regiment. . u "MltJiafll
George Gale, a Gage county pioneer,
died last week.
Contracts for new machinery and
equipment for refitting the Union Pa
cific sops in Omaha, greatly increas
ing their capacity and efficiency, it is
asserted, will be made in a short time.
President Burt, General Manager Dick
inson, Chief Engineer Berry, and Su
perintendent of Machinery and Motiva
Power McConnell have gone east to
confer with the powers that be in New
York over the necessity of Improve
ments in the shops system and rolling
stock of the Union Pacific, and it is
not doubted that their influence will
bring forth substantial results.
THIOLDMLIABLB.
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