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VOLUME XXIX. NUMBER 43.
COLUMBUS. NEBRASKA. WEDNESDAY. FEBRUARY 1, 1899.
WHOLE NUMBER M99.
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End of the Court Martial that
Lasted but Three Days.
VERDICT !S NOT YET GIVES OUT.
Hct it I Keported that lie nat Iouni
;ullty n Tan Counts m:il ! to be Dis
iu:4iil jrom the See ire of the Unit-1
Mites Without Ciemencv.
CHICAGO. Jan. 28 A special lo tne
Timcs-Kcrala frmi Washington says:
Dismissal from the military service
of the United States without any rec
ommendation Tor cleramey is the ver
dict pas'-eJ by the court-martial upon
Commissary General Eagan for his re
cant virulent attat-k unon Msjjr Geu-
oral Miles. The ,vcrd?ct was reachea
within fcrtv-five minutes after tilt
: triat ended tcdav.
'Notwithstanding the nature of th
"court's comlusion the president can
r-xercis clemency if hf so- desires and
General Eagan's friends will urge that
his punishment bo confined to reliev
ing him from the duties of commissary
eneiai of subsis.cnce and to a drtnl
to garrison duty.
WASHI.NGTON. Jan. 23. The cas.
of Commissary General Eagan, enlarg
ed with conduct unbecoming an officii
and a gentle-man and with co-dut
tending to th prejudice or good or
der tind military discipline, is now In
"the hsnd of th" court-martial an
poiatcd to try him. Yestsrday the
taking of testimony was closed and
arguments cf counsel submitted. The
tiial had lasted three days and con
sumed less thia eight hours of rstual
fitting.
A session behind closed doors of an
liour or so Fuinced for the court to
rearh a conclusion and embody it in
;i report. Wh2t the vrrdi t was is al
together a matter or speculation and.
olnciallv ar least, will not be mati
.ki; i... .:. ini v.nf.i ,:::..... .,,
Illations requiring that its rfndinz
shall go through the prescribed chan-
ziels and be kept secret until action be
3iad and promulgated by the rironpr
reviewing authorities.
The testimony at the closing scz
slcn of the court was diree;el largely
to establishing tne fact that the gen
Vral had lost his mental balance as a
result cf the charges made against
Iilm bv General Miles. His dauzht r
nnd htr hos&and told of the geiT-.l'a
chasi." u endit-on and intimate I that
:hcv h?d grtst fears that h? tri?h. at
any tiaic kill his rcuser. Mr McKe
"n Hfc-'oug fsiend. seated tha-. at tat
-tiu.e he bciie-.vd him actual. .- i-.ss-i
The farts in this ccnnfcticn w-rt
brought out strongly by Mr. Wert i
inrrton in Ill's effort to show that ?.ir.
Kagaa at tinus was wholly irrcspausi
fcie. A drrjmrtic incident of the trlsl
tedsy was the testimmv cf the sei
M"ai" daughter in which she describ
ed her father's appearance on the day
he first read General :.i:Ies" ctatement.
Standing in the doer of his Louse with
The newspap?r containing th? cvidente '
in his hand, he had exclaimed wildly:
"I have been crucified by Ceneral
:dUesr
Throughout the t":ree days of the
trial tee momLers of -the court sat in
tbrlr places and attentively listened
to evtry word uf the testimony On'v
. .on two or three occasions did they asn.
th witness any qiiettions and then an
answer of "'Yes. sir." or "No. sir." suf
ficed,
5jli
Immediately upon
closed the room wa:
and court went into
the case
n-HoH .'lP-irol
exeVrme Uioa
w-JL
to deliberate upon its findings,
Gen. Goorje fJrecne Dead.
NEW YORK, Jan. 2S. General
George S. Green died of old age at
Mcrristown. N. J., at 1 o'clock this
corning. He leaves three sins. Gen
i ral FranriivO V. Greene. J. G. Greene,
Jr.. and Charles T. Greene, Paited
States crmy. retired.
He was graduated at the united
States miiitary academy at West Point
in tc.'vi tin prvpji in various sarri- ,
f?nv
i
'ons and at West Point until 1S36, , ter to Nicaragua, has cabled the state
when he leu the arniv and became a department that he has at last suc
civil engineer. He entered the army ceeded. According to his advice, the
Jit 1S62 as colunel of the Sixtieth New i government of Nicaragua, again an
S'orl? regiment, and was apoointed independent state, has sent him a cor-
lr?aiii.v ceneral of volunteers Apru
iS. IS62. He commanded his brigade
-st' Cedar Mountain August 9. 1SG2. and
was in command of the second divis
3on of th twelfth army corps in the
Jiattle of Antietam. At Gettysburg on
zhs uinbt cf July 2, 1SG2. with a part
of his "brigade, he held the right wing
cf the Potomac at Culp's bill against
. more than a division of confederate
troops, thereby averting a disaster.
l"at.e .149 Tension liUU.
WASHINGTON. Jan. 25. After 549
private pension bills had been passed
last night Mr. Ray. republican of New
York, made the Dcint of no uuorum to
prevent final action en a bill to pen- ,
slon Letitia Tyler Sample, a daughter
.'jrrl ex-President Tyler, at a rate of 559 '
jer month, ihe senate passed a bill
to pension her at a rate of $50. The
house hiii was ior $20, out waen tne
fd it to 55 asJins? the
Emendation - mV Ray j
. Jto'-ise restot
..-;.rnv7.,r: fin.i r.eri. hv mi?.inc the I
.committee ret
;t nr n,.nnin " .
rooint of no Quorum.
EUi Wld
Jow Get sis. t
C. D. C Jan. 2S. The
Ai.ti4iJiu.-
.pension bureau granted a pension of
!:! a month to tne widow cf Cmef
.-Yeoman George Ellis, the only man in
'our navy killed at Santiago in th
annihilation of Cervera's fleet. Ellis
yas on the Brooklyn and was exposed
r &0. the open deck, ascertaining the
.ratige of the enemy when his head was
.Mow a off with a shell. Ke came from
prcria, 111.
A Jer Revokes tbe Order. I
WASHINGTON, D. C, Jan 2S. The i
war dep-artment's order of the 7th !
iasu. providing that the Spanish BaaK j
of Havana shall collect the taxes m
Cj
Ziv
ecretaiT ot war, ana tne bona re
urned to Dr. Jover Antonio, and by
liim accepted. General Brooke at the
same time was cabled to establish a
system for the collection cf the taxes,
introducing such machinery as ia his
judgment may be necessary for the
purro?.
:tnltariam for Old Soldier.
-WASHINGTON, Jan. 2S. Gurdon
Sba for the fiscal year ending Jane n0?- lhe afternoon being uevotea to
v . . ., . r . an inspection of the range-ana thor-
. next, was xocay revosea oy tna ,.,.,. ' ..v i,!H,rf ,f th rnk
' X W. W2ttle ;s in the city as a represen-
' intive of thje gjtizens of Hot Springs,
-- -" 5. D., to urge pcn the house of repre-
vi senratives the passage of the senate
x"r; illl lelative to the establishment of a
'- k rational sanitarium for old soldiers at
Hot Springs. The senate bill carries
an appropriation of $150,000. and a
v - hearing has been called by the house
3-3 committee on military affairs for next
- , '"nesday, at which time members of
pj-3.hj committee of the Grand Army of
":& ih Republic and others interested in
iZ-Mrk.ihe project will be heard.
NOT LOOKiNG FOP. WAR.
MUJpino KepreMitstlvc Dca!c Dispaiclie
Have Keen Intercepted.
"WASHINGTON, Jan. 2S Agoncil
!o, the representative of Asuinaldo.
authorized the following statement
concerning a report that the govern
ment had intercepted dispatches from
him to Aguinaldo in which he advised
that the Fiiipiaos would have to fight
for their independence and that no
was the time to act: "The statement
is absolutely false and is C2ku.ated to
excite feeling and animosity in this
country and to prejudice the Philip
pine cause. No such telegram has ever
been sent by me and for that reason no
such telegram ccuid have been inter
cepted. The falsity of the statement
is shown by the fact that I have ca
bled my government to continue the
same friendship which was torn on
the hattlefic'd against Spain. The
Philippine people hve no wish and no
purpose to tight against the Americans
unless they are driven to it. Their
only desire isjo strengthen the bonds
now existing."
Other members cf th? Filipino jun
ta who were present when Agoncillo
made his statement concurred in and
emphasized his declaration that all
his remarks ba-i been toward an
a-.eidance of a ruptuie In other quar
ters it was stated that Agoacillo had
sent dispatches from time to time,
three rather long ones going within
the last few days. According to the
Filipinos, nothir.g that has been sent
advised figming, but everything has
counseled continued friendship. Under
such circumstances, the cambers of
the junta assert taat any incrimina
ting dispatch which has come to the
h.inds of the government is a forgery
if it ascribes to Agoacillo any ad'.ice
to Aguinaldo to begin fighting. Beyond
denying this report, Agoscillo said he
had nothing to make public as to
communications to or from Aguina'do.
He expressed the positive opin.on,
however, that the cable repcrt that
the Filipino congress had authorized
a declaration c: war was not correci, i
?s he said the Filipino pecp'e do net
I want a
conflict with the Americans
and wlJI do everything to a-, cid It.
' "
I"c.ier.l Court IJefiUri-
TOPEKA. Kan.. Jan. 2S 3. H.
Allen. e:-asscciate justice of the Kan- !
ras supreme couit who is president of
tht State Bar ii.-cciai:on, in his aunual
a.Iiiress l;-fore that body today, spoke
of th? "Federal Judiciarj." Ke criti-
! t'.sed the s;.ttm which installs federal
Midges in cilice for life, and urged that
they should Le elected uy the people
fcr i.ras of s:t years. Ha.ing social
pc2l!cns. Justices tf the fceral courts,
he .aid. naturally fell into the asso
ciation of tne wealthy, rece.ving deli
cately tendered courtesies from men J
cf treat weatlh and those who man- I
:tge vast corporate iuie.ests, and as a
insult the ftderal supreme court had
gradnaliv been cc;.-.erted from a dem
Debs decision and tne Nebraska freignt
rate decision as evidences of this ten
dency
C!'C to See flnuicx.
WASHINGTON. Jan. 2S Senor
Quesada. v. ho throughout the late war
and before was cue of the diplomatic
representatives of the Cuban junta in
Washington, left Washington last
night on a special mission for Cuba.
He will co first to Havina and then
proceed with ali dispatch to join Gen-
eral Gomez as soon as he can exactly
lo::ate that o!3cer. Senor Quesada is
atlia- Meetly in this mission under
the instructions of President Palma
of the junta, and officials here feel the
utmost ronfidenc? that resuit benefi
cial to Cuba and the United States
government are likely to foliow.
n M:nlter to Nicaragua.
WASHINGTON, D. C, Jan. 2S.
United States Minister Merry, who has
been at his pest in Costa Rica for
many months, awaiting the time when
he micht secure recognition in his
otner capacity as liuicu awaits imms-
. ,- .., -.. . :?..
dial invitation to appear at the capital
and present his credentials as United
States minister, which invitation he
has accepted.
C art Martial at SrjiJrld.
MADRID, .Jan. 2S. The develop
ments in the court-martial cf General
Jaudenes, who surrendered the Span
ish forces at Manila and similar
courts-martial are arousing intense in
terest and heated controversies here.
The publication of the proceedings in
reaard to the destruction of the Span- i
ish fleet is expected to cause a seasa- ,
tion, owing to fresh particulars which i
ure alleged to ae 'forthcoming. Not I
only the Spanish officers, but
c-rs will be cited at witnesses.
11 sail- J
i
New Minister from -ileiico.
MEXICO CITY, Jan. 2S President J
Diaz has appointed Manuel Aspiras, as- .
secreutry of foreign Rations,
l be ambassacor to Washington, me
appointment is well merited, aemuo. .
I Aoorrjc Virj noon in MlnStf'Tir tOUCh
1 with the late Ambassador Romero
anii fcnows all the details of Mexico's j
relations sith the United States. He
s a very able and courteous diplomat.
He speaks English and has a charming
family which will adorn Washington
society.
Col. Sexton's Condition.
WASHINGTON, Jan. 2S. The condi
tion of Colonel James A. Sexton
shows no material change today.
Stockmen Fini? b
DENVER, Jan. 2a. The National
Live Stock convention finished its busl-
ness and adjourned yesterday. The
last session occupied only the fore-
ougbbred
yards. The executive committee an
nounced the re-election of the follow-,
ing officers: President, John W.
Springer cf Denver; v;ce-presidcnt, J.
M. Hclt cf 31ontana; serfetary, G." F.
Martin of Denver; treasurer, G. L
Golding of. Denver. The office of re
cording secretary has been abolished.
The Otcc Land BIU.
WASHINGTON, Jan. 2S. Congress
man Stary submitted a substitute bill
for Senator Thurston's bill now "pend
ing in the house committee on Indian
affairs relative to the settlement of the
Otoe and Missouri lands in Gage coun
ty. Nebraska. After a conference with
Senator Thurston, in which the odpo--sitioa
of Congressman Lacey of !owa
was taken into consideration", the sub
stitute "was agreed upon to meet the'
objection of Lacey and one or two oth
ers of the committee. The bill, if
anything, is more satisfactory to se'
tlers in Gage county than -Thnrston's
X'llL - - -
ck-ratic to an aristocratic body. Ho ' .,,..,", e i ,-" . -
,.1 !,- t.o Z..rt 1c.;c?nn thfl ! ut -" Uil"" omuuu. uujuuiuucuc .w
decAo- in The Vt-rstat commerce i vls,t lhe!r homes- A ro11 cal1 'tr;is de"
"'- X Af, :l ,:i;nn rh ' landed and Talbot's amendment car
cc. the income i oeoision. the ... .
TBE STATE U1IAII
The Grind With Which They
Are Daily Engaged.
TRYING TO ELECT (1. S. SENATOR.
Text of Some of the Measure Thai Far
Introduced An Onslaught of Bill In
lJoth Itrauchr onie that Have Ad
vanccd to ccoat! Reading.
Senate.
In the ssr.ate on the 20th. under the
head of first reading of bills H. R.
113 and 121, the two appropriation bills
for salaries and incidental expenses
were n-nd. Four new bills were in
troduced. At 11 o'clock the senate took a re
cess until shortly before noon, when
't reconvened and went over to the
honie to taKe part in the joint session.
Th? committee en accounts and ex
penditures presented a report reeom
one table at $10, for the use of the
senate. The report was adopted.
The committee on. privileges and
elections reported S. F. 32. by Mr. Tal
bot, for indefinite postponement. This
hill is one that sought to correct a
clerical cror in the election law. and
the committee decided that the error
was of little importance.
Among bills introduced were the
j following:
ie iix uie nine us.n wmen ine
county or probate court saa'.l decide
and determine matters in said court.
when the same shall be submitted for
dcisiou or determination. i
To provide for the registration, leas- '
ing, selling and general management l
of the educational lands of Nebraska; j
to provide for the collection of rental,
interest and principal payments there
on, and for the distribution of the
funds arising therefrom.
To amend section 66Se of the Code of
i Civil Procedure, Compiled Statutes of
1S97.
Providing for the sale by enrnprs
or warehousemen of perishable prop
erty and live stock.
When the s3nate row was called on
the 2!st there were fevr vacant seats,
contrary to the usual state of affairs
at a Saturday session. The journal
was approved without a full reading.
The committee on judiciary reported
back S. F. 19. a bill to amend the p-cs- '
ent law on divorce, wituout recom
mendation. It was ordered placed on
general file.
Van Dusen of Douglas interpreted
the law as requiring a joint session er
ery day that both houses were in ses-
sion ana saw
legal
whv
The senate went into committee of
the whole, with Noyes of Douglas in
the chair. After some delay in secur
ing copies cf house rolls 113 and 121,
the appropriation bills under consid
eration, both measures were recom
mended engrossed for third reading.
The report of the committee was
adopted by the enate.
After returning from attendance up
on the joint session the senate took
an adjournment to Monday, pursuant
! to the resolution that had previously
been adopted.
The folio
and read tl
lo amen
The following bills were introduced
the first time:
d section 20. of subdivis
ion 15. cf chapter lxxix. of the Compil
ed statutes of Nebraska, entitled
"Schools."
To amend section 13, of subdivision
7, of chapter lxxix. of the Compiled
Statutes, entitled "Schools."
To amend subdivision G. of section
Z9, of article i. of chapter xiv, of the j
Compiled Statutes of Nebraska for the '
VMr 1.ft !
House rolls 113 and 121, the two ex
pense appropriation Luis, were read
t the SGCOnd lime and it was acreel to
i r'-- ..iJii.fr
take them up in committee of the
whole when the regular order was
reached.
Hoibrcok of Douglas moved that
when the senate adjourn it be until
Tuesday at 10 a. m. Contrary to cus
tom, the question was warmly debat
ed and Talbot of Lancaster offered an
amendment, fixing the time for 11 a.
m. Monday. In support of his .amend
ment Talbot stated that it was the
opinion of many able attorneys that
to be safe in- the election of a UnitPd
States senator joint sessions must be
held every day. He was not in favor
cf taking any chances.
A call of the roll la IZls senate on tne
23d disclosed that Senators Farrell and
Howard were absent.
Senate file No. 27, by Senator Talbot
was considered. Following is a text
u. Hi" iiieuauic .
Section 1: That section 293 ot the
code of civil procedure of the state of
J Nebraska is hereby amended so as to
read as follows: Sec. 293, in all cases
the jury sliali rsnder a general verdict
aQ(1Jtb conrt sha
,
hall in any case at the
parties therto, cr either
cf them ia addition to the general ver-
dlct direct the jury to find upon par-
j ticular questions of fact, to be statea
qlIesting the same.
goc 2. That sect
in writing d tne party or parties re-
ction 2S3 of the code
Qt cjVji procedure of the state of Ne-
braska and all other acts or parts cf
acts in conCict herewith be and the
same are hereby repealed.
Talbot explained the benefits that
would accrue from the (rnactmeat of
the biil, which haa failed to receive the
recommendation cf the judiciary comT
mittee. He moved the commit'ee rer
port tne bill for passage Senator
Hannibal opposed the motion. Uade;
certain circumstances U would ead to
confusion, leave the court without disr
cretion end at the mercy of attorneys.
Under bills on third reading H.' ET
113. to appropriate $50,000 for payment
of the salaries of members and em
ployes of the legislature, was read,
Without waiting to vote on this bill
the secretary proceeded to read H. R.
121. to appropriate 540,000 for inci
dental expenses, until stepped by Tal
bot of Lancaster, who said nader-the
constitution the vote must 'be taken
immediately-after the third reading-to
be legal, y
The pfeojuent thought the senator
from Lancaster was taking A Siripns
view of the matter.
"I do," replied Senator Talbot, "It
is serious to Tne, as it is Trh-e I get
my pay and I want the bill properly
passed."
Coniequcajlr the bill .was. placed
upon Its Jjasgftan4 recyed fhirty
one affirmative votes. The prc-sldent
dectered the biil passed with the emer
gency clause.
A communication waj reafi in the
senate on xhe 24th -from General pals
mer of Illinois returning thanks for
grant him a pension.
Cnnin AIa "X 1 T. IT TDrwnf "S
uv.uucb ii.c .. ., uy J4. wuh .I .
rau. it. smencs secuoa a oi me eiec-
tign Hvs prescribing the form and
i
I . 1 T. 1.1 1 1 1 1. '
...v. U. I. V.l. . J iu -. I
contents of the oEcial ballot. It pro-
nated by mere than en party or con-
itCj lA.4. VUl--A ; t . w . .
venticn his name shall be placed upon
the ticket under the designation of the
partyfirst nominating him; or, it
nominated by mora than one party at
the same time, he shall file with the
proper Glacial a written declaration in
dicating the party designation under
which he desires his name to be
printed. If ha fails to do this, the offi
cial shall ctc-oso for him. printing his
name as the nominee of but one party.
Senator Talbot thought that the bill
was cot propyly prepared to become 'a
law. It sought to amend a law that
was already repealed. He moved a3
an amendment a change in the title of
the bill, so as to make it valid if en
acted, and further amendments to the
body of the bill having the same ob
ject in view. Senator Mhler offered an
amendment striking cut the section
which constitutes the change from the
existing law. The amendment was lost
on a vfva voce vote. Senator Talbot's
amendments prevailed, after which the ,
I was favorably reported by a party
e cf IS to 10
Tho mm;t.; fnr -,-, and
bill
vote
ins committee on. ituauce, ways uuu j
;nds to the general
ide for the credit of
transfer certain fun
fend, and to provide
these funds direct hereafter.
Senate file No. 29, by Mr. Steele, was
considered. It amends the general
herd law for the protection of culti
vated lands from stock running at
large. Senator Talbot explained that
the bill was simply the re-enactment of
the present law for the purpose of
covering a defect in the passage cf the I
original law, it being passed without I
, ,.k.. io., t - ?oirif.i
t , .kk;?! t -. -,o-
Senate file No. 23. by Senator Fowler,
was read for the thi'-d time. It repeals
sections 917 to 924 of the code of civil
procedure. The bill was put on its
passage and was carried by a vote of
23 to 1, Senator Hale voting in the
negative.
The joint commitee on enrolled and
engrossed bills reported that house
rolls 13 and 131 (the appropriation
bills) had been presented to the gov
ernor for his signature.
The senate adjourned.
When the senate convened on the
25th Lincoln ledge. No. 35, Independ
ent Order of Gcod Templars, sent a
written protest against the passage
of S. F. 2G. which seeks to amend the
Slocumb law. One new bill was In
troduced and placed on its first read-
! iaE a; f-!ow:
ro amend sections 2 and 5 of chan
ter ixxviii of the Compiled Statutes
of the State of Nebraska, entitled
"Roads."
The committee on judiciary through
Senator Van Dusen. its chairman, re-
' ported. It recommended the replac
rcent of senate file No. 30, by Senator
Prcut. regarding liens for iabor, by a
substitute prepared in the committee.
A question v. as raised by the lieuten
ant governor as to the ceurse of a sub
stitute bill offered dj a committee, as
to whether it should go to a first read
ing cr take the place of the original
bill. After some discussion the lieu
tenant governor announced that his
holding would hereafter be determin
ed by whether or cot the substitute
was germane to the original bill.
Senator Talbot offered a resoluion,
directing the committee on rrlntins
to see that the printers of bills crint
and return same in order received.
Under a suspension cf the rules the
resolution was adopted
Senate file No. 211 was introduced
by Senator Van Dusen of Douglas. It
amends article 1 of chapter 77 of the
compiled statutes, relating to reve
nues. It prohibits the assessment of
property below the cash valuation,
i and reduces the levy. If enacted ie
bill will increase the assessed valua
tion of the state from $157,000,000 to
about ?5CO.OOO,000. The hill is a vol
uminous one, making many changcb
in the existing revenue laws. Senate
file No. 212 was introduced by Sena
tor Talbot, It amends sections 76 to
S2 of chapter 7S of the compiled stat
utes, relating to road funds.
Senate file No. 55, by Senator Tal-
j bet. amending Eection 42 of chapter 19
i of the compiled statutes, relating to
supreme ana cistnct courts, was con
sidered and recommended for passage.
It relieves the clerk cf the supreme
court of the duty of notifying district
courts of the time set for holding
their term of court.
Senate file No. 72, by Mr. Talbot, re
pealing section 4 of chapter 19 of .li5
revised statut?s, was first con?iderei.
It abolishes the obso!e-e office of mas
ter in chancery. The committee de
cided to report the bill favorably, with
an amendment making the bill repeal
section 4 of chapter. 2S. compiled stat
utes for 1S97. the revised statutes -being
out of print.
The senate was called to order on
the zCth by the lieutenant governor.
The following communication was read
frcm the father of Colonel Stctsenberg:
New Albany, Ind., Jan. IS. To tne
Honorable and Senate and House ct
representatives of tho "state" of Ne
braska: I have just learned through
press telegraphic reports that you have
passed rescitrt.ons accusing my son,
John M. Stotsenburg. colonel of the
nrst Nebraska vcunteers, of the vio
lation cf army regulations by cruel and
tyranicai treatment cf the soldiers cf
his rerimcnt.
If he has be-en guilty of conduct un
becoming an cScer or a gentleman I
think that yen will agree w.th ma that
he ought to be formally accused by
specific charges; furnished by you with
a copy of the charges and a brief
synopsis of the evidence en which they
are based, and then speedily tried by
the proper tribunal having cognizance
of the offense, and if guilty, punished.
As ycu have initiated this accusa
tion, I will aid ycu in bringing the
matter to a spesdy, full and thorough"
investigation of the charge
made by I
you, and 1, therefore. rEzpeptfully ask
yea to favor me at once with a copy
of the specific charges made against
him. and with a. brivf cf the evidence
submitted to ycu, and I will iametil?
ately forward thcra to the genera com
manding in tha Philippine jgland.
joining with you In the request that
Colonel Stctsenburg shall be speedily
tried by an, impartial court legally con
stituted, so that the truth or falsity of
the accusations made by you may be
established. If he Is guilty, let him be
punished. If he is innccent, the gen
eral assembly o-f Nebraska. I think,
may be relied uuou j,o rescind a ass of
injustice. With great ressect. "
JOHN M STOT3EN3URO.
The communication was rpreir-pi nA
j placed on file.
The committee on judiciary, through
Senator Van Dusen, reported reccm-
menams tnatiEnatc Slgs 19 End 53 ba
indeSniteiv an-ttnofp.-J Tlia mAriiW nrS
indefinitely postponed, th? report waS .
adepted. .The same committee" re-
.;-.. - I
wrtcd on senate file 73. uat it be re- 1
fcrred jrf the cammittea &n recenue.
4 rrw .nJi -r it i n a C"'X.. I
io'TOi 10. ceiuiuif Tiu&tii muvfca a 1
i.i:u;i ,.i,M a. uiciiuus amen us iery
jaw passea wunout tn repealing
clause.
means reported favorably on senate ! UV T, n c ,.,
I file No. 50. Tffe report was adopted. I lf ot offer a resolution
i T.i, 1,111 i i. s-tV.,. aii o.,,i 1 tr, authorizing the committee on print-
The senate resolved itself into a
committee of the whole, with Senator
fTaa Dusen in the chair, to consider
alls on the general file
Senate file 33, by Talbot, with amend
ments tsy the judiciary, was consM
erec, ana it was voted to recommend
its passage. Senate file 59, by Mr. Tal
bot was read and it was decided to re
port favorably thereon.
t Iloase.
'The following reports or standing
committees cams up in the house on
the 2uth.
H. R. 53. declaring the plowing ap
of a public highway to be a misde
meanor, was reported for passage by
the committee an roads and bridges.
H. R. 5, amending the statutes so
that in cases of felonies, except trea
son, arscn and murder, information by
grand jury is necessary, and relating
to the bonds required in such cases,
was reported fcr indefinite postpone
ment. These reports wera adopted.
Grcll of Sarpy offered a resolutioa
declaring taat the home was opposed
i nUeJIaJted States entering into any
foreign alliances. On motion of Pol-
lard of Cass the re3oluticn was laid
'? xo f"rnish ,SUpp,1Ie3 f.r th,
' Lo JTdSiSr.P"?S
i i-uiiaru ui iasj ouerej a. suoiii.uie
! resolution as follows:
I move that the committee on print
ing be given entire supervision oyer
the amount and character of supplies
for the use of memLers of this house,
and that the secretary of state be in
structed to only purchase euch sup
plies as tho committee on printing
may desire.
This was also indefinitely postponed.
t Olmstead of Eousla3 made the fol
lowing motion, whicn was adopted:
That the sergeant at arms be instruct
ed to forthwith bring F. Skipton. eoua
ty judge of Fillmore county, Nebras
ka, before the board of thl3 house to
show cause, if any he has, why be still
refuses to deliver to this house, in vio
lation of its subqoecoa, the ballots
cast at the last election in said Fill
more county.
Mr. Skipton having refused to de
liver the ballots, Olmstead offered vth
following:
That F. Skipton, cow before- the bar
of the house, be adjudged guilty of
j contemptuous behavior in its presence
by refusing in the presence of tho
house to deliver the Fillmore county
election ballots in the possession and
under his control, and that he be pun
ished in the county jaii of Lancaster
county, Nebraska, for the period of six
hours.
The resolution was adopted without
division, and the speaker ordered the
prisoner to the custody of the ser
geant at arms until a mittimus could
be made out
In the Joint ballot for senator the re
sult stood: Allen 53, Webster 19,
Lambertson 3, Hiiishaw 2. Foas 2,
Adams 1. Van Dusen 1, Hayward 40.
Thompson 7, Field 2, Reese 2, Westcn
2, Cornish 1, Hainer 1.
Among the bills introduced were the
following:
To amend an act creating the Ne
braskau Territorial Board of Agricul
ture. To fiy the time which the county or
probate court shall decide and deter
mine matters in said court when the
same shall be submitted for decision
or determination.
To authorize counties, precincts,
townships, or towns, cities il!age8
and school districts, to refund their
bonded Indebtedness and issue new
bonds therefor.
To amend sections 42 and 43, chap
ter ixxiii, Compiled Statutes of 1S97,
so that it would read, "To convey the
right of dower or courtesy, the hus
band and wife must execute a joint or
separate deed."
To amend sections 8, t, IS and 21 of
an act entitled "An act concerning
official bonds and oaths," approved
February 18, lSil, being sections S,
9, IS and 21, chapter x, entitled
"Bonds and oaths official," Compiled
Statutes of IS97.
Making an appropriation of 1905.80
for the relief of J. H. Evans, J. H.
Butler, Frank Burman, Levi Cox and
Joseph Crow, the members ousted by
the last legislature, being the balance
of salary that would have teen due
had they retained their seats.
To amend section 3890, Compiled
Statutes of 1S97, relating to the use
of illuminating oils.
To locate and establish a state nor
mal school at St. Paul, Howard coun
ty, Nebraska, and to appropriate $50,
0C0 fcr the purchase of grounds and
the erection of a suitable building.
The house on the 21st adopted a res
olution depriving canvassers of the
privilege or working among tte mem
bers cf the hail.
A long memorial from the Woman
Suffrage association, protestingagainst
the abolishing of the oil inspection
was read, having been presented by
Fisher of Dawes. The memorial was
signed by the president, secretary and
a few members pi the association.
On motion of Burps of Lancaster a
resolution was adopted directing that
the time and place of meetings ot
standing committees be announced
every day and that the numbers of the
bills to be considered shall bo includ
ed in the notice.
When the order of miscellaneous
business was reached it was noticed
tnat two large and beautiful boquets
were on the desk of Beverly of Doug.
las. These had been 'placed there by
the employes of the house in recogni
tion cf the splendid fight made by the
, gentleman from Douglas in their be
half.
After the adjournment of the Joint
session, shortly after 12 o'clock, the
house reconvened and took an ad
journment to Monday at 11 o'clock.
These bills were read the second
time and referred to committees. 310.
agriculture; 311, judiciary; 312, juai.
clary; 313, judiciary; 314, judiciary:
1 315. claim: 21o. Triw!lsncit:s sin
jects- 317. University and Normal
spacoj.
The joint ballot fnr Unit4 States
senator resulted as follows: William
V. Allen. 51; M. LC Hayward, 23;
John L. Webster, 10; 0, E. Thompson,
7; G. M;. Lambertsoa, 2; Allen W,
Field. 2; M, B. Reese, g; E. H. Hia-
shaw, 2; J. B. Wssten. 2; F. L Foss,
-, .. r.. acses, 2; a. j. cornisn, 1;
J. H. Van Dusen, 1; E. J. Hainer, L
The sixth joint ballot for United
States ssnatcr in the house en the 23d
resulted as follows: Alien 53, Hay
ward 41. Webster 1CL Tkuaua"r,
Lamfcyfijon t. Field 1, Reese 5. Hin
shaw 1, Weston 8, Foss 2, Adami I,
Ccrniah 1, Van Dusen L
The house went into committee of
the whole with Thompson of Merrick
in the chair for the purpose of congii
ering bills on general file, nil" com";
fillttea Cf thfr "cAnle rr-rnrnrnonrlftfl'hat-
boose folia 23." 24 and"" 21 be reaarra 1
for Dassixe.
-- -- - --r-- -
'True coratBluee atese and the housa
adcatsd ih"Mn - ---
'
ebai.rma8 W;!cux of the Judiciary
oi Quaiincaucns
lans, and house roll 31. amendita the
section of the code of ciTil procedure
by striking cat the clause which per
mits the district court to vacate or
modify its judgment orders after the
term for the reason that the record
shows erroneous proceedings r.gainst
a married woman when the c.nd.tioa
of the defendant docs not appear in the
All of the bills were placed on the
ceneral file.
Bills were introduced as follows:
A bill for -an act entitled an net to
locate schools and to provide for tiu
erection of buildings and for the le
ceivisg of donations fcr the same
The bill provides that the location oi
the two schools be fixed by the trustees
of the stats normal school, and ap
propriates I53.C00.
A bill entitled an set to define the
word "majority" as used in the stat
utes In regard to general elections, to
r:-.n the majority of ali the vctC3
cast at such electi:n.
A bill for an act to amend general
sections 5932, 59f3 and 530J (teiig sec
tions 323. 331 and 322 code cf civii pro
cedure) of title 10, chapter 1, In r?
gard to testimony of husband or wite
in cases whe-re one or both are pa'ties.
The following new bills were intro.
duced:
An act entitled "An act to amend
section 3, chapter xii of the Compile.! i
Statutes of Nebraska of 1S97, entitled !
Chattel Mortgages."
An act entitled "An act to amend
section 418 of the Code of Civil Pro- i
cedure."
An act declaring bicycles to bo
Dasrease and nrcvline fnr tho wrr.'.
Ing of the same by railway companies M'-S the othcr b- living within that
and common carriers. i wei nor to any person who Iaj? ocd
To amend sections C3S. CG0. CGI and "ase-a to beileve such h;:.-.';-!rd or
6C2 cf the Code o? Civil Procedure. Wlfe to be Ie2d-" ' '- 7 usrsnn
j who has been legally Ul.-ori-iJ from
, th? bonds of matrimony."
Eleven oills were introduced in the ; The bi j reco-nmeadca for oa
house on the 24th, among them being: i sage.
To prevent combinations, trusts, j h." R. 45. amending th" -tatut- of
eic" t?, Gxins a n8ualt' of not les3 i "Frauds," relating to the transfer of
lb ? ,nor more tana 53,003. j Interest in rea! estate and. : rovidin
Prohibiting tne placing or establish- that the leasing of lands for a pp-io
mg of an obstruction across any stream I over one vear or a ccrtrart fr rh
of water in this state that shall pre- I sale of lands must be in writin ' wis
vent the free passage of fish along said I recommended fcr naare
stream ana requiring the ownar c
owners of any mill dam across any
Etream In this state, to coastiuct and
maintain suitable fishways.
Prohibiting the catching of fish in
any public waters in this state except
ing by the use of hook and line and
prohibiting the use of sein3, nets and
other devices.
tt. K. J-4 Ey Burns: To provide
for compiling, illustrating, electrotyp-
mg, printing, binding, copyrighting
and distributing a state series cf school
text books under direction of the Stat
Board of Education and apnronriating
$190,000 therefor.
Imposing an excise tax on express
companies, defining express companies;
providing fcr the filing of annual state
ments by such companies and their
agents with the auditor, erecting a
State Board cf Appraisers and Asses
sors to determine and levy such tax
and defining their powers and duties;
providing for the attendance of wit
nesses end the production of books;
providing for the collection and dis
bursement of such tax and prescribing
penalties fcr non-compliance with a
provision cf this act.
To prohibit the manufacture, sale or
shipping into the state of impure beer;
to provide for the enforcement of the
provisions and penalties for its viola-,
tion. Provides for Inspection and
places enforcement of the law in the
, 5 - . . . . . . : . .
u'auo " i"e oum? u'juiu 01 tisaiu. 1
niv-inz nw -! w T .. - v Tn a &. i.ti...ii.i
Vo require corporations uoing busi- !
ness in this state for profit to file an
annual report of their business and .
organization with the secretary of state
not later than September 1 of each
year.
To require corporations doing busi
ness in the state of Nebraska to pay an
annual license fee on the capital stock
of such corporations, to fix such fees
and to provide a penalty for the viola
tion of the provisions of this act. Calls
for an annual fee of $1 by corporations
having $50,000 or legs cf capital stock
and $1 for each additional $59,'ji,'J
stock.
The joint vote for United States sen
ator resulted as follows: Allen 5S.
Hayward 43, Webster 10, Thompson 7,
Lambertson 2, Reese 2, Hinshaw 1,
Weston 4, Foss 2, Adams 1, Cornish 1,
Van Dueen 1.
When the noon hour arrived In ths
house on the 25th and the eighth
joint ballot was taken for United
States senator the result stood: Allen
5S, Hayward 41, Webster 10l Thomp
son 7, Weston 4, Reese 2, Foss 2, Van
Dusen 2, Lambertson 1. Hrnshaw 1.
Adams 1, Cornish 1, Valentine 1.
The judiciary committee reported
house roll No. 40, with the recommen
dation that It be indefinitely
poned.
cost- i
The report of the judiciary commit
tee was adopted, recommending for
passage:
House rolls Nos. 37, 41, 44 and 45.
ihe report of the insurance committee
was adopted, aad the bill was placed
on general file. The committee on
privileges and elections reported bach,
house roll No. 42 with the rMommw-
dation that it pass. The report was '
aaopted, and the bill placed ca general
file.
This bill provides for amendment
cf the election law by requiring that
the name of a candidate shall not te
placed more than once on a ba'lot.
though he may be nominated by sev
eral different conventions.
The same committee reported for
passage house roll No. 61, whiek pro
vides that the county judge shall .re
ceive a fee of 25 ceats foj ffry- judge
and clerk of election, appointed by
him. The report waa adopted and the
Din pisssa on general tie.
House roll No. 343, introduced by
Rouse, is a bill making appropriation's
for the payment cf miscellaneous items
of indebtedness owing by the sta,t3 cf
Nebraska. This bill sets "tJt in a
preamble that the legislature of 1895,
by aa ct, provided that there should
be pa'id out of the state; treasury to
any person, firm or corporation manu
facturing eugar ia this state th. sum
of cent per pound, for every pound
of sugar manufactured under the pro
visions t that act, and thai there was
filed in the office of the secretary of
state certificates of the inspectors,
shewing that the Oxnard Beet Sugar
company of Grand Island had manu
factured 5,012.462 pounds between Sep
tember 30 and .December 3-3, 1S26, and
that the Norfolk Beet Sugar compaay
of Norfolk had manufactured i.ai,z'k)
pounds ircm September J7, U3o,' to
January 17, that thefe5 companies
had complied with the terms of the
act, and that they had paid $5 per ton
for the beets from which the sugar
was manufactured.
In th house ea the 2Cth a comntm!
catioa was received from the lei-Isla
tire committee appointed by th-j state
teachers' association, calling attention
to thu eincatiGnal bills that r.vl ;e
ceived the endorsement of the com
mittee. The communication was re
ferred to the committee on nubli
schools
Tne following resolution on polyga-
amy by Fisher of Dawes was adoiited:
Resolved. That polvgamy is an in
stitution that has received thp. ds- !
served condemnation oi all civIJizei
nations and this aouse "hereby eaters
its pretest asainst the seating cf po
lygamists in congress, or in any ether
office of honor or trust in the Unittd
States.
The house went into committee oi
the whole with Myevs cf Douglas in
the chair.
H. It. 40, the bill providing far an in
heritance tax, was reccmnit-ndcJ fcr
passage after a short discussion on h
miner amendment.
H. P 41. by Thompson of Merrick,
requiring assignments of mortgage
or trust deeds to me in wr'tins:. to be
signed in tha pressuce cf at Ie.u: one
witness, and to be askno! wadded In
the same manner as ether deL-. was
recommenced fcr passage.
H. R. 44, by Thompson of Mr-rrick.
amending section 201 of tbe Crlmini!
Code caused quite a tilt. Th text of
the bill was r.s follows:
"Section 201. If any person who has
former husband cr wife living mrr;y
an other person, or continue to co
habit with such s2cond ixusbiud .::
wife in this state he or sh-. cnt in
i the cases hereinafter in this s-iu:i
mentioned, Is guilty of rigamy and
shall be punished by imprisonment in
the iienitent'ary not more nun five
J02T3 ncr less than one year. Tha pro
visions of this section do nor. extern
to any, percon whose husband or wife
has continually remained beyond Feas
or who has voluntarily withdraw.!
from the other and remained ahaant
for the spac? of th:eo yvarj tosiHhoi
I the
party marrjmg again nit I-nov.-
H. R. C3. by Smith cf Saline, wa-j
the next taken up. The prevision in
the hill is ?s fallow:
"If any fire insurance company dt
l3ys the payment of a jiut and lawful
claim dzc under a cont-act of insur
ance beyond the time allowed by la a
for the settlement thereof, and there
by cause suit to be brought to rovo:
. the amount due, the insurer shall Le
required to pav interest unon :-af.
claim at tbe rate of 25 nor cent tier
. ?ni';iin fm-n tho t;m rh ;---i ,..
came cue.
Thsrc was
ccite a deal of du..-us-
jion at the conclusion of which in.2
bill was referred to the insurance com
mitter The ninth joint ballot for senator
resulted as follows: Allen 57. Hay
ward 39. Webster 10. Thcmnsoa 7.
Weston 5. Reese 2. Fcss 2. Field 2.
Van Du3en 1. Lamberton 1. Hinshaw
1, Adams 1, Cornish 1, Valentine 1.
ToiJuy I'tml Warrants.
At a meeting cf the state board ef
public lands and funds thi following
resolution, introduced by Treasurer
Meserve, was adopted:
Whereas. The county treasurers an
now making therr annual settlement
and the state treasurer is receiving
a laice amount upon principal on
srhf:i? !P"fl; u-hw! nss incrMcoil ta
1 ...... ... .j,.. i.
permanent runus et tne stare to a 1
-
large amount; and
Whereas. There are no bonds on the
market which can be bousht: there-
j fore, be it
Resolved. That tho state treasurer
is instructed to b-ay unregistered gen
eral fund warrants to the amount of
$100,000, tesutJ upon the appropriation
of 1S97, and pay V& per rent premium
for the same. He is a'so instructed
that when th?e warrants shall be
called for payment and the interest
shall bo collected on said warrants,
that he shall credit an amount from
this interc-.-t to the p?rmancnt school
futid sufficient to reimburse said fund
for the amount cf premium paid, and
the balance cf said interest shall be
credited to the temporary school fund.
H. R. 357. introduced by Anderson
cf Fillmore, in tha house, is one of un
usual interest, the text brins as fel
lows: "That at tha general election
to be held the Tuesday succeeding the
first Monday oi November, 1SS9. there
shall be submitted to the electors of
this state for their approval or rejec
tion an amendment to the constitution
of this slate as follows: 'Any bill
having received three-fifth majority
ia each branch of the legislature and
the governor's approval shall be and
continue a supreme and Irrevocable
law la ihis state ;ut;i rrealed by a
subsequent legislature and the gover
nor's approval. "
At this writing (January 25) the sen
ate has introdursd 203 cills. and the
house 341. Members arj beginning to
notice the aprKaranre cf bills that are
belie. ?d to be "nold-up" measures, and f
.- vord. h2j
s gone around that every
bill should be clcsoiy scrutinized ant'
the motive for the introduction o the
auspicious cnes should be squired
into.
No Increase for CIfy Carrier...
WASrII?,GTON. Jan. 27. A ei-cular
issued on the iirst of the yar by the
postefece uepnrtmcnt stateu that therp
af'cr 54C0 a year wcu'd be ailcvl a
mail carrier in the rural fr.- delivery
districts. Carriers who use horses
have misunderstood the circular and
think it applies to tn?m vrben it only
pertains to a very ?w rcra! delivery
carriers. Letters cave been receive!
at the detriment fvoja carriers in the
regular terviee thanking them for the
increase of saiarv.
S!ci i:i the 5"cctfs Corjw.
rIAVANA. Jan. 27. The sick report
of the Seventh army corps shews 357
in hospitals, and 352 in quarters.
There haj been no increase in small
pox, and the work of vaccination is
prcceeding.
measles.
There are 125 cases cf
An entire block T?as destroyed by
fire in the heart cr the town cf Spring
field. Tcnn. Less about SiO.t-OO.
Ira Crandall. aj'?d 70 years, a blind
farmer, was pou-rded to death with an
axe wielded by Emmett Ecuton, a
crazy resident cf Corby, Pa. Boiron
had been in the asylum for abcai a
year, but as discharged some time
ago aa cured.
Captain William H. EHiett of New
castle. Inn., fcss been selected as di
rector of rests for the island of Porto
Rico. He Is editor cf the Newcastle
Courier, about 55 years old. and in the
var with Spain, served as a paymaster
in the vnlunter service.
R. L. Ackerman. president of the
Kcely motor company, says the recent
discoveries at Keely's shops of aaali-
ances have no bearing on ti K&aly ,
motor.
S2natC7 PstUrew wl.l effer an
amcnJmea: to the sundry civil bill,
extending th- Yellowstone park boun
daries to include the forest reaerves of
Wyoming.
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