The Columbus journal. (Columbus, Neb.) 1874-1911, February 08, 1899, Image 1

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Nebraska Assembly Unable to i
Make Choice.
Both Hntiftrs 5:rintl!iit; Away Oulte Stead
lly lint Feu- Measure Ontnifte the Ap
propriation i:il l'ard Nature of
Some of the Hilla Introduced.
President Pro Tern Talbot offered a
coramunication at the beginning of
the session on the 27th from Robert
W. Furnas, secretary of the state ag
ricultural board, opposing the pasagu
of S. F. 7, introduced by Knepper of
Butler, to abolish rounty acrlcultural
societies. Secretary Furnas' letter
contained resolutions passed by tha
S. F.50. by Allen of Furnas, was giv
fn its third reading. The bill pro
vides for transferring certain funds to
ihv general fund, the purpose for
"which the funds were created having
ceased to exist. The bill created hav
ceated to exist. The bill was oassed
by a vote cf 28 to 1. Miller of Buffalo
alone voting in the negative. The
bill was introduced upon request of
State Treasurer Meserve.
Spohn of Nuckolls introduced a mo-
.wii tunning in u ik iiadbiiii; ui some
.2S?h,,?te,?l..t.?. PI th
.,., W i 1 j- UUi. Alls ItlUlAlJil nda jxo
"I move that the secretaries of tho
board of transportation be requested
lZT IV1! ".rliS-
reduction can be made in conformity
with the decision of the Fnited State!
supreme court In the maximum freight
rate cases, with reference to the ratea
on lumber and coal shipped into tho i
tTj'l'Z" "V S'Ck S"""""t
. .Unoi,' pae, ,lht e-
Upon the report of the committee
on education S. F. 41 was recommend
ed for passage. It is the free hica
school law. S. F. 2 was indefinitely
postponed. S. F. 11 covering the same
subject more completely.
The senate weut into committee of
the whole, with Canadav of Kearnev
in the chair. S. F. r.2, by Talbot of
Lancaster, was recommended for nas
sage. It simply adds a proper lepeal
Ing clause to the present law, with one
or two minor amendments.
S. F. 7, by Knepper of Butler, was
next ronsidered. This is the bill to
wipc out county agricultural societies
nntl compulsory county aid for fairs.
TJne judiciary committee offered a
substitute, leavinsr the law in force.
except it makes it optional with conn-
ty boards whether county aid shall be j
given or not. Van Dusen of Dougla3
explained the objects of the substl-
tue bill.
Steele of Jefferson said the judiciary
committee did the proper tnini: in
framins the substitute. Some county
societies got up a horse race just to
draw this money from the county. The
.substitute bill was recommended for
R. F. fifi. S. F. 70, P. F. f.7 and S. F.
05 pere a'! lecominended to pass, all
being mere curative acts known as the
Wheeler bills.
The senate adjourned until Monday.
In the senate on the noth no busi
ness was transacted until the order
of notices and introduction of bills
was i cached, which brought forth
quit a srist 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 adopting committee reports offering
joint convention, and returning thence amendments to bill:-. The president
took a xee'ss until 3 o'clock. ' finally mad a ruling that the adoption
The seriate revived itself into a of the committee repoit will not finally
committee of the whole for the con- carry amendments recommended, but
sideration of bills on the general file, (bey will have to be :cted upon by the
Senator Currie in the chair. , ! committee of the whole.
Senate file No. 41. Senator Currie's The educational committee recom
frce high school bill, was considered. ? mended amendments for S F. 3C, to
It opens all high schools deemed ; provide school libraiies, the bill to
properly equipped by the 'stafe su-'pa,s as amended. Its report was
perintendent to the free attendance adopted.
of pupils residing outside of the high i Five now bills ere intioduced. S.
school district whose education cannot F. 7 was placed upon its third reading
b further carried in their own dis- Knepper of Butler introduced S. F.
tricts. The county board shall allow ' -, to abolish county agricultural soci
the high school district 75 cents per I eties and county aid therefor. The
week for each such pupil in attend- senate adopted a substitute, however,
ance. Section " of subdivision G. 2 and leaving the present law in force with
7 of subdivision 14 and 2 of subdivis- ' an amendment that lea.-? it optional
Ion 17 are amended so as to conform ' with eae. county board whether aid
with the piovisions of the bill. fchall be given or not. The substitute
Senator Cunie called Senator Prout 1 passed by a vote of eighteen to nine,
to the chair while he explained the , The senate then went into cemmit
provisions of the act. There was tee of the whole with Noyes of Dong
some objection to section 4. providing ias jn the S. F. 1G. by Pi out
that the expenses incurred by the act Gf Carre, was the first bill for discus
be paid from the general levy in each ' sj01!. The bill provides for the pay
county, and allowing the county board I ment of costs in misdemeanor cases
the option cf levying a tax not ex- j hy the county upon the approvalof
cecding 1 mill to meet such expenses, the countv attorneys and is as follows:
Senator Farrell believed that each "Section 1. That section 535 of
pupil from outside the district should chapter cf the Criminal Code of the
be required to pay his own expense. state of Nebraska be amended so as
benator currie in reply explained
that everv bov 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 th 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 -2-lieved
in so doing he was but perform
ing his simple dutj. 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 solelv to the provisions of
the bill regarding the defraying of ex
penses incurred.
Senator Van Dusen moved to amend
the disputed section bv making tho
expenses incuned payable by the-coun-ty
board from the general fund instead
of from the general levy. The sena
tor believed that "$3 i month for tui
tion is often a discouraging expenso
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
Senator Talbot offered an amend
ment to section 8 of the bill, providing
that each schcol 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
Senator Miller moved to amend by
making the compensation to be paid
by the county board 50 cents instead
of 73 cents. The amendment was lost
Seantor Noyes moved that the comj
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 th third time and
The committee on judiciary reported
on senate file No. ."S favorably; senate.
me o. 37, that it be indefinitely post
poned; senate file No. 45, without rec
ommendation, tenate Tile 50. that it
be indefinitely postponed.
Senator Ncycs moved a reconsidera
tion cf the vote yesterday adopting ihe
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 leport 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
c. the bill, he wished to fully investi
gate and secure legal opinion before
proceeding further with the bill. When
the hill should finally pass he did not
want theue to be any question as to
its constitutionality. After some de
bate Senator Currie's motion pre
The committee on judiciary reported
on senate fil No. 57, recommending
indefinite postponement; on senate
No. 62 favorably, en senate file No. 7G
favorably with amendment, on sen
ate file No. SO favorably, on senate
i file No. 83 rerommendinz indefinite
postponement, on senate file No. 3
without recommendation, on senate
file No. 8G favorably, on senate file No.
93 favorably, on senate file No. 94 rec
ommending indefinite postponement.
' nn cnnt t x- ot: f..,-r.oi.i,. ti...
i var's Por8 we're 'adopted, and tho
Dills named, excepting those recom
mended for indefinite postponement,
went to the general file.
The committer on municipal affairs
"ported on senate file No. 109 favor-
ably, on senate file No. 107 recom
mending Indefinite postponemnnr. The
leport was adopted and senate file No.
' 109 went to the general file.
" "ic only bill i?raS it
?. SS,MI"M ' ,im"a"
Senate file No. 237. by Senator Bar-
Reverting to the reports of commit
tees, the report cf the committee on
municipal alairs recommending in
definite postponement of senate file
No. 20 and the nassage of a substl
tnte therefor, prepared by the commit
tee, was received and adopted.
Committee reports occuptefl the
senate's attention on the morning of
the 1st. The committee on miscellan
eous subjects reported S. F. 4C, to
amend the came law to pass with
amendments: S. F. CO. to pass, it be-
t 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. P. 90 was placed on gener-
al file and S. F. C recommended to pass
with amendments, by the finance com
Mr. Schaal of Sarpy presented the
"Resolved, That it is the sense of
the spnate of the state of Nebraska
that United States senators should be
elected by a direct vote cf the people."
He moved a suspension of the rules
for immediate action. His motion was
Bills on third reading were paed
sis follows: S. F. 72. by Talbot of Lan
caster, abolishing fees for registers in
chancery, on obsolete section; S. F.
07. by Prout of Gage, one of the
Wheeler curatie net.-;: S. F. GG. by
Prout of Cage: S. F. :.. by Prout of
Cage: S. F. ."t9. by Talbot of Lancaster;
S. F. 70. by Talbot of Lancaster. Ail
are curathe acts.
The senate hail a long and uninter-
j esting discussion as to the effect of
tc rcati as tciilows: Section 535. That .
nn xtc timii lir. mi.i fmm Mm imv
treasury "hi any case of prosecution
for a misdemeanor, or for surety to
keep the peace, unless prioi 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 ecunty 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 ilie 2d the
clerk of the house announced the pas
sage of the following bills by that
body: H. R. 114. 93. SO, 24. 75 and 40.
limb on iirsc and stcond leading were
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
the amount of fees to be paid the state
by state banks and was introduced by
Cmaday of Kearney. The committee
on highways recommended H. R. -4S
and H. R. 77 to pass. All committee
reports were adopted.
The senate went into committee of
the whole to consider bills oa seneral
file. Van Dusen of Douglas was called
to the chair. .
S.F. 24, by Talbot of Lancaster, was
reported back for passage. It changes
section 2S3 of the Civil Code, relating
to the procedure in the trial of causes,
as follows :
"Third The party who would be de
feated if no evidence were given on
either side, must first produce his evi
dence; after he has closed his evidence
the adverse party may interpose and
file a demurrer thereto upon the
ground that no cause of action or de
fense is proved. If the court shall sus
tain the demurrer such judgment shall
be rendered for the party demurring
as the state of the pleadings and proof
shall demand; if the demurrer be over
ruled, the adverse party will then pro
duce his evidence."
S. F. 02, by Fowler of Fillmore, pro
vides that in replevin cases In justice
courts that go to trial and the jury
finds the value of the property to ex
ceed $200, the justice shall not enter
judgment, but at once transcript the
case to the district court. The bill
wa3 recommended to pass.
S. F. 80, by Owens of Dawson, a cur
ative act. was recommended to pass.
S. F. 8C. by Rocke of Lancaster, an
other curative act, was recommended
for passage.
S. F. 41. by Currie of Custer, the
free high school act again came up at
the request of the introducsr. The bill
was recommended for paHsige Monday,
but was recommitted to get legal ad
vice as to its constitutionality. After
some minor amendments the mot'oa
of the previous day was renewed and
the bill recommended for passage, after
which the committee arose.
In the house on tnc 27th a communi
cation vas read from It. V. Furna3
making a plea in behalf of county
Cawthra offered the following:
Whereas, It ha3 come to the knowl
edge of members of this house that
grave irregularities exist in the house
postal department which reflect upon
the honor and jeopardize the domestic
relations of the members of this house;
therefore, be it
Resolved, That the speaker appoint a
committee of three to investigate any
charges, call witnesses, papers, etc.,
relative to said department, and re
port its findings to this house.
The resolution was adopted.
Many new bills were introduced,
among which are:
A bill for an act to prohibit the man
ufacture for sale and selling or offer
ing for sale any candy adulterated by
tho admixture of terra alba barytes
or any other mineral substances, and
to prevent the use of poisonous colors
or flavors in the manufacture of
candies, and p oviding punishment for
liokition thereof.
An act to provide for the appoint
ment of a trust examiner at a salary
of $2,000 per annum, whose principal
business shall be that of a trust exam
iner or prosecutor, and to provide
funds for the carrying on of such office
and the prosecution of violation of the
law. The bill carries a total appro
priation of $10,000.
An act to create a state board of
control of special educational institu
tions and to provide for the manage
ment and control of the state indus
trial school for juvenile offenders, in
dustrial school for juvenile delinquent
institution for the blind and deaf and
dumb institution, school for feeble
minded children, and to make an ap
propriation of $19,440 therefor.
A bill for an act to amend section 1
of article 1, chapter 54, compiled stat
utes of 1S97 of Nebraska. The bill
gives to blacksmith and woodworkers
a mechanic's lien on vehicle for work
A bill for an act relating to the
qualifications of county judge and pro
viding that in counties of over 6,000
inhabitants he must be 25 years of age
unless he be a practicing attorney.
A bill for an act to regulate the
business of lifp insurance companies
and tor the better protection of the in
sured and to provide a penalty for a
violation thereof.
The joint ballot for United States
senator resulted: Allen 58, Hayward
33, Webster 10, Thompsin 7. Weston 4,
Field 5, Reese 3, Hinshaw 3, Foss 2,
Lambertson 1. Valentine 1, Cornish 1,
Adams 1, Van Dusen 1.
Hibbert of Gage offered a resolu
tion on the house on the 30th prj
viding that hereafter all bills should
be printed m 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. Hayward 31, Webster
10. Thompson 7, Field 5, Weston !,
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 wa3
bills on third reading. IT. 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 infor
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
The principal object of the bill was
to correct a defect in the original law.
H. R. 31, by Evans, making a slight
amendment to section G02 of the Civil
Code, relating to the vacation or mod
ification of judgments, was passed by
a vote of S7 to 0.
II. R. 91. by Hathorn. provided that
all moneys remaining in tho hands of
he 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 bs
transferred to the general fund, and
all moneys coming into these funds
hereafter from back taxes shall be
credited direct to tho general fund."
1 he bill vns read and passed by a vote
of S7 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 vriting, signed by
the assignor, in the presence of at least
one witness, with acknowledgement
and recording the same as in other
deeds, was passed bv a vote of 80 to
H. R. 77, by Lane, correcting an
error in .section 18, chapter Ixxvlii,
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
Copr and explained the purpose of the
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 he 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 that 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 shoula
be enforced, at leas't 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 b?Uii state; and , -
Whereas, It is prescribed in said law
that the state board of transportation
has authority to reduce the. rates on
any class cf 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 peo
ple of the state of Nebraska and to the
railroad compahies: and therefore be It
Resolved, That the board ol tramsh
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 hoard
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
reduction of railroad rates on grain,
live stock, coal and lumber, the four
great commodities In which the peo
ple of Nebraska are specially interest
ed; and be it further
Resolved. That said board is in
structed to seek a modification of the
decree of said court in such manner
and to such an extent as to allow said
hoard to enforce said act by prevent
ing any railroad in this state from dis
criminating in rates in favor of any
other section of the state and1 against
any other section of the state; and be
it further
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 protected 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 passage.
H. R. by Prince, relating to fore
closure of mortgages, was recommit
ted on motion of the introducer..
H. "R. Ill was recommeended for
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
The joint ballot for senator todav
resulted: Allen, 58; Hayward, 34;
Webster, 10; Thompson, 7; Field, 5;
Weston. 4; Reese, 3J Fosrs, 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 $100
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 th&
allegations concerning the postoffice
of the hoirse 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 by hpr husband nor to her,
out was intended by some other man
than her husband and for the wife of
the writer;
That this should be a warning to aii
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 cf the lady whu
received the letter not intended fot
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 ot
10.000 inhabitants cities of the fir3t
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 G2 to 28.
House roll 114, amending the act
relating to the appointment of su
preme court commissioners, was pas
sed with an emergency clause. It 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 "An
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, 1S95, be and
the same is hereby amended so as to
read as follows: "Section 3 The said
commissioners shall hold office for the
period of three years from and after
their appointment, during which time
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. of the constitution
of the state. All vacancies in this
commission shall be filled in like man
ner as the original appointment. Pro
vided, That upon the expiration of the
terms of said commissioners as here
inbefore provided and at the end of
each period of three years thereafter
the said supreme court shall appoint
three persons having the same quali
fications as required of those first
appointed as commissioners of the su
preme court for the ensuing period of
three years, whose duties and salar
ies shall be the same as those of the
commissioners originally ap ointed."
Pollard of C-ass movpd that H. R.
137, the revenue bill, be made a special
order for next -Monday afternoon. Mr.
Pollard exclaimed that the bill had 4
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 ash
week from Monday. This amendment
was adopted by a vote of 58 to 20.
A resolution inviting W. J. Bryan to
address tile hntse 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 votfe 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 offered by Swan of
Nemaha regarding the Omaha expo
sition, came up the first thing in the
house on the 2d. and on motion of
Olmstea'd Of DOiiglas the resolution
was indefinitely postponed without
opposition. Previous to the. vote btJ
ing put Mr. Olmsteacl 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 70 000 inhabitants
by its provisions, was recommended
for passage.
S. F. 58, by Talbot of Lancaster, one
of the curative acts, was roc .minendtd
for passage.
S. F. 45, introduced by Alexander of
Adams, provides that Individuals
shall be joined with municipalities as
defendants in personal injurV suits,
the former being owners cf the real
estate in front of which the accident
occurred. Crow oC Douglas 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 Skiptori of Fillmore be
fore the bar of the house to answer
the contempt charge. Skipton an
nounced that he had brought in the
ballots wanted by the election commit
tee and had turned them over to that
committee. On motion of Fisher of
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 xxyl.
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 notices 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
es limitation of proceedings to vacate
or modify judgments at six months in
stead of one year.
The joint vote for senator resulted:
Allen 57. Webster 10. Field 4, Reese.
1, Hinshaw, 1, Van Dusen 1, Cornish
1, Hayward 35, Thompson 9, Weston
4, Foss, 1, Lambertson 1, Adams 1.
necessary to choice 64.
t'liu.iget in the Military 1-nlV.
Bills have been introduced in both
the senate and the house to revise the
militia law of the state and to estab
lish a mililaiy code. The bill has been
drawn Up by Adjutant General Barry
and is quite iengthy. In the senate"
it is known as S. F. 249 and Barton
of Johnson assumed its guardianship.
Many changes from the law as it
now exists are provided.
Adjutant General Barry pointed out
the changes proposed as follows, the
chapter relating to the militia being
No. Ivi. of the 1S97 Compiled Statutes:
Section 2. Number of men increased
200, caused by the organization of en
gineer, signal and ambulance, corps,
making 2,200 men instead of 2.000.
Sec. 4. Changes made in the ap
pointment of governor's personal
staff: Four of the aides de camp may
be appointed by the governor of such
grade as he may desire; the other
eight aides de camp may be appoint
ed by the governor or from the com
missioned officers of the National
guard in active service of the grade
below that of colonel, and their ap
pointment sha'r ope. ate as a commis
sion as aide de camp, but shall not
add to the actual grade of the officer
ko appointed. Officers so appointed
asuaides de camp shall not be re
lieved from duty with their respect
ive organizations, but shall perform
all duty pertaining thereto, except
when actually on duty as aides de
camp under the orders of the gover
nor. Sec. .". Salary of the adjutant gen
eral. S1.500 ner annum instead of
See. 11. When regiments, compa
nies, troops, batteries or other corps
of the Nebraska National guard en
ter the United States service the com
mander in chief is hereby empowered
to grant leaves of absence to officers
and men of such commands covering
the period of their enlistment in the
United States' service; and their state
designation shall not be given to new
organizations, and the commander in
chief is hereby authorized wnen regi
ments of infantry, troops of cavalry
and batteries of artillery or other
corns enter the United States service
to organize provisional regiments of
infantry, troops cf cavalry, battery of
artillery and other corps for one year,
or such less period as the governor
may direct.
Sec. 12. Provides, where regiments,
company, troop, battery or other
corps are depleted by enlistments in
to tne miiitaiy ur naval service or the
United States, the governor is in pow
er to recruit by enlistment terms not
greater than one year, and attach tem
porarily to such organizations provis
ional battalions cr provisional regi
ments, which shall receive designa
tions as he may direrL
Section 14. Provides a penalty for
assessors failing to comply with the
provisions of this act.
Sec. 20. Adds to the brigade stal
one inspector of rifle practice with
the rank of captain.
Sec. 21. Adds to the regimental staff
first assistant surgeon with the rank
of captain, second assistant surgeon
with the rank of first lieutenant, one
inspector of rifle practice with the
rank of first lieutenant.
Sec. 26. Adds engineer corps.
Sec. 27. Adds signal corps.
Sec. 32. Adds ambulance corps
Sec. 32. Provides that when com
pany, troop, battery or other corps,
organized or existing under the pre
visions of this act, the commissioners
or supervisors of the county in which
organization is located shall, on de
mand of the commanding officer there
of, approved by the governor, pro
vide a suitable armors.
Sec. 3S. The proposed law leaves
date of encampment to the disrretib:.
of the governor, while in tho act cf
1897 the date of encampment is be
tween the 10th day of August and the
20th day of September.
Sec. 71. For the keeping cf records
and care snd preservation of public
military property the adjutant gen
eral Is empowered to employ ine cltiel
clerk at a ealarv of $1,200 per annum
and one stenographer at a salary o;
$1,000 per annum.
Tho Army Beef Question to Be
surrucs and men scrutinized.
It Allegation Are Uiwupportetl toneftil
May Be Court-Slrrtlmled Army Board
of Inquiry Ordered This AetNn Is De
cided Upon Conference in Cublnet
WASHINGTON; Feb. 4. The pur
pose of the president ia terminate the
unsatisfactory state of a! airs that has1
existed for some time as the results
of the ntfmcrous pharges and counter
chargesand interviews respecting the
character of the army beef by filstP
tuting a formal inquiry into these mat
ters and endeavoring to place the re-
sponaibllity where it belongs was
made known today. x
The inquiry will not be undertaken
before the commission to investigate
the conduct of the war has made its
The scope of this new inquiry has
toot bfen defined, but it certainly will
embrace the allegations made by Gen.
Miles as to the character of the army
supplies and Will involve that officer
to the extent that he mltst make these
charges good. To a certain degree
he will be on trial himself.
Should the charges be found well
established a heavy responsibility
would be placed upon the packers and
persons concerned in the meat inspec
tion and perliaftt ohrs; should they
fall unsupported. Genenll Miles may
be obliged to answer to a court-martial
for reflecting on the character of
other officers.
The matter was discussed at some
length at today's cabinet meeting and
although no definite decision Wi3
reached, the concensus of opinion was
that such a proceeding should be had.
It was argued that if the packers
fchti hntl furnished the beef to the ar
my had fraudulently supplied an arti
cle of the character chdrged by Gen
eral Miles, the country had a right to
know it, and if the charges were with
out foundation the people had an equal
right to know that fact. Justice to all
concerned, demanded that the whole
truth be brought to light.
It was also agreed that General
Miles should not be suspended from
his office as commander of the army
pending such investigation, as it was
not intended that even by Inference
should he be prejudiced of any wrong
doing in this connection.
It is the expectation that the war in
vestigating commission will submit its
report to the president next Monday.
No one outside the committee is sup
posed to know what the nature of the
report will be. The method which is to
he adopted, namely, a court of inquiry
to pass upon General Miles' conduct,
is taken to indicate a knowledge on
the part of the administration of What
the report will have to say as bearing
lipon tho charges. The common im
pression h that a court of inquiry can
be ordered only upon the demand of
the officer whose conduct is to bo made
the subject of Investigation. While
that is usually the case, there" is. how
ever, a reserve power in the president
to order such a court regardless of the?
wishes of the officer concerned. The
authority is contained in article 115 of
the Articles of War. which have the
force ot statutes. It reads as follows:
The court of inquiry to examine Into
the nature of any transaction cf, or
accusation or imputation against any
officer or soldier may be made bv th
president or any commanding officer,
but as courts of inquiry may be per
verted to dishonorable purposes and
may be employed in the hands of weak
and envious commandants as engines
for the destruction of military merit,
they shall never be ordered by any
commanding officer, except upon a de
mand by the officer or soldier whose
conduct is to be inquired into.
It is asserted in some quarters that
the above quoted regulation does not
permit the nresident himself to order
a court of inouiry in the absence of a
demand bv the officer interested, and
General Miles' friends say that he has
not yet made any demand. But legal
authorities are asainst this conten
tion, and it is said that the regulation
makes a very plain distinction for the
purpose expressly defined, between
the powers of the president and of
commanding officers.
The purpose of the court of inquirv
Is to investigate the conduct of an of
ficer. It is expressly prohibited by the
regulations from vertunng any opin
ion on the mprits of the care unless di
rected to do so by the appointing an
thority. Upon the presentment of tin
facts made by the court of inquiry the
president must determine whether or
not a court-martial shall follow.
Congratulation for I'orter.
HAVANA. Feb. 4. The following
message from President McKinley was
received by Robert P. Porter tasa
morning and was transmi'ted to Gen
eral Gomez:
Hon. Robert P. Porter, Havana:
The president sends his hearty con
gratulations and thanks for your dis
patch. Convey his cordial greet'ngs to
General Gcmez and his grateful appre
ciation of the general's frank and
friendly message. The co-cperation of
General Gomez in the pacification of '
Cuba will be of the greatest value for
bcth peoples.
Secretary of State.
Kxoneraten Vaccine.
CLEVELAND. O.. Feb. 4. An In
vestigation by Cleveland and Philadel
phia scientists into tha cause of the
death cf Willie Nagengast. is said to
show that lockjaw was not caused by
the vaccine used, as previously stated.
It is said the same lymph was used
in vaccinating over 13,000 people in
Cleveland during the present winter
and that no unfavorable results fol
lowed its use and if tentanus had been
caused by the vaccine, it is pointed out
thousands of similar cases would have
Soldier In Good Health.
CHICAGO, 111.. Feb. 4. According to
reports received from Washington at
division army headquarters here to
day, the health of the United States
soldiers serving in foreign countries
was never better. There was but cne
death in January among Che thousands
in regulars serving in the West Indes
and the Philippines. The only victim
was Assstant Sugeon Hartanl E. Mc
Vey, who died at Manila, January 4.
We always feel sorry for the woman
whese husband thinks bet knows how
to cook.
SultaMo Aiwunat Appropriated for a Me
morial to the Sailor.
WASHINGTON. Feb. 4. Mr. Wol
C0t of Colorado gave notice at the
opening Of the senate's session yester
day that he would address the senate
today on the snbjoc: of exp.iusion. Mr.
Hale of Maine pre-;eava the confer
ence report on i.:e dip'omatis and
consular appropriation fill and u was
agreed to. The yrendin; iro icra
presented a momorUi ironi the cham
ber cf commerce of Xsff Yonc urging
the ratification of tto peace treaty
Mr. Hale, chairman of the nival af
faln committee. avoi'3,.y reported
the following joint resolutltm and it
was adopted:
That the secretary of the na' i
hereby authorizeo to have erected in
the Colon cemetery at Havana. Cuba,
a suitable granite monument to the
memory of the sailors and marines
who lost their lives by the explosion
of the United Slates steamship Maine
in the harbor of Havana on I'obrnary
15, 1898, and whose remains ar burled
hi that femeterv. iind ti s tftably in
scribe An enclose such monument,
and the stlni m $10,000 is appropriated
for this purpose.
Mr. Harris of Ivaftftas oftered the
following resolution, which ho asked
might lay on the table:
That the United States hereby dis
claims any disposition or intention to
exercise permanent sovereignty, juris
diction or control over the Philippine
Islands, and asserts Its determination
when a stable government shall have
been erected therein entitled to recog
nition as such, to transfer ti said gov
ernment upon terms which shall be
reasonable and just, all rights secured
under the cession by Spain, and to
thereupon leave the government and
control of the islands to their p2ople.
Mr. Money, in accordance with a
m-pvinns notice, beean a discussion
of the expansion problem, speaking
in opposition to taking the Philippine
Islands. Mr. Money concluded at 2
o'clock and Mr. Daniel of Virginia
then addressed the senate on the same
"Today," said he, "we are the United
States of America. Toworrow if a cer
tain treaty now pending before this
body be ratified we will be the United
States of America and Asia."
It is seriously proposed, said he,
that we take to thtiJ country a large
and miscellaneous assortment of
Asiatic islands and to make citizens,
with all the rights of inhabitants ot
territories Of the United States the
large and vailed assortment of
Asiatics. Mongolians, Malays and ne
groes who inhabit them.
For his part he deemed it inexpedi
ent, unwisA nd unjust that we should
do this thing". "We are asked." said
he, "to go 7.000 nUles from our shores
to grasp and hold as subjects S.000.000
people by force of arms, and to noiu
the land until the American peoplo
shall decide what disposition is to be
made of them.
"I do not believe the body of Ameri
can people understand the signiliicanca
of this treaty. I do not believe thhat
some senators who are crying to U3 to
ratify tho treaty understand it. 'Ihe
treaty fixes the policy of the govern
ment. What may be done afterward is
merely clerical detail. The treaty Is a
thoroughfare ovor which S.OJO.tmo ot
American citizens Will march into this
union. It is a marriage of nations.
Henceforth and forever the Filipinos
and Americans will he one. I trust yet
before the marriage is consummated
the spirit of American constitutional
libertfr will arise and forbid the bans.
What is their relation to us that we
should set forth knightlike with lance
in rest to rescue tfletn? We cannot
turn them back to Spain. The Ameri
can people cannot so treat those who
wer? comrades on the field of battle.
They have not yet attained the dignity
and "power of a nation. We i anno rec
ognize the Filipino republic. We have
onlv to look skyward to see the birds
of prey circling about, ready to de
scend upon those who are weak. What
next? The face of the treaty tells us.
Let us treat the Filippincs as we treat
Cuba. We are now in military occu
pation of the islands. Let us remain
in military occupation until we have
assisted them with kindly offices and
fcrce of arms if necessary to es
tablish such a government as destiny
m.nv have fitted them for.
St." tl'atltn S.OOO.OOO.
committee or prominent citizens of
St. Louis called at the White House
today and In an interview with the
president explained what had been
done thus far in the interest of an ex
position at St. Louis in 1003 In celebra
tion of the Louisiana purchase. The
president expressed his warm appro
val of the subject, and said he would
be willing to assist the gentlemen hav
ing it in charge in any proper way.
Thp committee stated that thev ex
pected to secure from private sub
scription at least $o,000.000. an appro
pi iation of as much more by the city
of St. Louis, and r.t le-t $.1,000,000
as a loan or otherwise from the na
tional congress, making an absolute
guarantee of Sl.'.OOO.OOO in all. other
wise they would give up the enterprise.
Will rxtradite Temple.
WASHINGTON. D. C. Feb. 4. The
T'nited States ambassador to Mexico.
Mr. Powell Clavton. has notified the
stf.'e dfoartment that the Mexican
government has consented to grant the
application cf the United States au
thorities for the delivery to them un
der extradition nrcceedinrs of James
Temple, the American railroad man,
who is now held under arrest in Mexi
co for killing a Mexican on the Amer
ican side of the border In Arizona.
Are llpteacl WUli C.omrr.
HAVANA. Feb. 4. The news of Gen.
Gomez' acceptance of the proposals of
President McKinley. through Robert
P. Porfr. has been thoroughly weigh
ed in this city. The Cuban leaders
seem uncertain for the moment wheth
er to support General Gomez or criti
cise him. Public oninion has been
wrought up to demand and expect a
larger payment.
Some of the Cuban major generals
who have not been consulted may
strongly disapprove of an agreement
which gives them a minute portion ot
Soldier Member Cnneate I
WASHINGTON, Feb. 4. The house
committee on judiciary has decided
that the members of the house who ac
cepted commissions in the army va
cated their seats. They are Wheeler
of Alabama, Campbell of Illinois, Col
son of Kentucky and Robbins of
Pennsylvania. Members serving on
civil commissions are held not to have
forfeited their seats.
No matter how Just the cause for a
woman's anger, people always have a
sympathetic feeling for her husband
when they see her display her temper.
(OUC Biak h tk Mat.)
Pan literati ABU
Clcsc,Nw Triii
all Tfigm CwntrlM.
AaAkvlfaltecnatoMta wawttof Mifti
moni ah miicwmi
ft. H. Hsmrr. Vk Pre.
U BBUO0BB, CukUft.
font BtAvwrmm. W He
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