PJBBjSi mugmmt isssssssassssssj sssasssssi w s s i m i i i ibs sjsgss -s - i i"wwwwpwiwwBwBPWwwwPiMwwyiyMppwpiwwiiiiWiBww 1-5T1 v4 VOLUME XXX.-NUMBER 5. fiOLtJMBtJS NEBRASKA WEDNESDAY. MAY 10, 1899. WHOLE NUMBER 1,513. ' - t83. " - . ". Iff 4 -,".- " v -f . n A " li&L ftr. 1 - - j ' Id- bm -"' . - c - . v.-. -. ' iKv- THE NEW LAWS OF HE,BKflSKfl Digest of Bills Put Through at the Recent Session of the Legislature. LABORS OF LAW MAKERS SET FORH, Election, School, Judicial and Other Enactments With Which All May Become Familiar by Giving Due Attention to What Appears in These Columns. NEBRASKA SOLDIERS. 8. F. 281. .by front ot Gage: A resolu- tlon'to provide for', the 'yrcMBtatfeB' 9t kacdls to the officers and men of the First. Second and Third regiments, Ne braska volunteer infantry, and troop K." Third United State volunteer cav talry. In the Spanish-American war. Itcsolved. By the senate of the Btatft tl Nebraska, the house concurring there in, that the governor be. and he is here by authorized to cause 4.016 medals to be prepared with suitable emblematic de vices, and to direct that the same be ores, sented in the name of th .tate or Ne braska as suitable testimonial In behalf or the state in recognition of the patri otism of its citizen soldiery. House roll C23. by special request of the Rovernor. Appropriates 12.000 for the relief and comfort of the sick and wound ! poldiers now members of the First tind Third regiments of Nebraska infan try volunteer. The money shall be ex pended under the direction of the gover nor who shall report the expenditure to the legislature of 1901. Emergency clause. Approve! March 31. ATTORNEYS. Senate file 103, by Steele of Jefferson: To amend sections 16 and 19, chapter 7. tnatutes of 1897. AinfiidinK M-ctloti 16, relating to duties ot county attorneys by adding the follow ing. "It ohull also tie his duty to appear und pro-ecute or defend on behalf ot ttie Ktaiv and county all such suits, appli cations or motions, which may have been transferred by change of venue from his tounty to any other county in the state, rov!iied further, that any counsel who may have been assisting the county at torney in such suits, applications or mo tions in his county may be allowed to tsbist in any other to which said cause has been removed." Amending section 1!, relating to sal nries of county attorneys; "Provided fur ther than in all case, where the county at torney has been engaged in the courts of another county upon any suits, appli cations or motions, either civil or crimi nal in which the state or county is a par ty or interested, which have been trans ferred by change of venue from his coun ty to any other county in the state, ho shall be allowed all his reasonable and necessary traveling and hotel expenses while 50 engaged in addition to his regu air salary. Said traviu;ng and other ex penses shall be paid to him up;n the presentation of his bill for the same ac companied by proper vouchers, to the county commissioners or supervisors of his county in like manner as provided in all other cases of claims against the county." Emergency clause. Approved March 22. Senat file .T5. by Talbot of Lancaster. To Amend sections 4 and 11, chapter i of the compiled statute, entitled "At torneys." by inserting the words, "dis trict judge.'' In the list of persons who sdiall not be permitted to practice as an attorney of the courts of this state, or on any matter brought lefore himself or appealed from his decision to a hlgner court. CRIMINAL CODE. Senate Tile 4C. by Alexander of Adams: Relating to offenses against killing game, to amend sections 6b. c. td, of chap ter 11 of the criminal code and to re peal sai dsections and to repeal section Je. Section Sib ts amended by striking from the list of protected geese and ducks red headed duck blue bill or scaup duck, plover. Wilson or Jacksuiue or woodcock. The closed season remains as before, between May 1 and September 1. Section 6d of the present law. relat ing to hunting water fowl, is amended by striking out the following: "And it shall itlso be unlawful ir any person at any time of the year, to dig, build, or construct tiny blind, hiding place, or Mructure in the bed of any river, stream or lake with the intent to catch, kill, wound or destroy any of said birds, or at any time of the year to shoot or shoot at anv r said birds from any such blind, hiding place or structure." The penalty for violating this section relating to hunt ing water fowl by the aid of a big-gun or by boat at any time of the year is changed to read not less than 15 nor more than $20. or imprisonment in the countv Jail not more than thirty days. Section SGd is amended by striking out plover, woodcock. Wilson or JacksnlDe from the list of birds that it Is unlawrut to sell or have In one's possession or for any corporation or company to sell or have in their possession between May 1 and September 1 ol eacn year. Section S6e. making it unlawful for any railroad or express company to receive or carry as freight, baggage or express, any of the birds or animals described in the game law. is repealed. Emergency clause. Approved March 7. Senate tile 44. by Miller of Buffalo: A reenactment of chapter . session laws of ISSn, 117a of the criminal code, to punish cattle stealing, the same having been irregularly passed in 1S?.": Section 1. If any person or persons shall steal any cow. steer, bull, heifer or calf, of anv value, or If any person shall receive or buy any cow, steer, bull, heifer, or calf that shall have been stolen know ing the same to have been stolen, with intent lv such receiving or buying to defraud the owner, or if any person shall conceal any such thief, knowing him to uch. or if any person shall conceal any cow. steer, bull, heifer or calf, knowing the same to have been stolen, everv such person so offending shall be imprisoned in the penitentiary not more than ten years nor less than one year, and shall pay the costs of the prosecu tion. House roll No. 6S. by Beverly. An act to limit and regulate the employment of children, in manufacturing, industrial, mechanical and mercantile establish ments to provide a penalty for its viola tion and the enforcements of its pro thls act to be known as sections 2-i.Saa, visions aaA the repeal sections 245aa. 24r.bb and 24Scc of the criminal code of the state of Nebraska; the provisions of this act to be known as sections 243aa. 24.".bb. 243cc. 245dd. 24aee and rioit ol the criminnl code of the state of Nebraska. Section 24Saa. That any male or female child under the age of ten years shall not 1 employed In any manufacturing, mechanical, industrial or mercantile es tablishment. Section 2bb. That any male or female child under the age of luurteen years shall not be employed In any manufactur ing, mechanical, industrial or mercatile establishment, except during the vaca tions of the public schools; unless during the year next preceding such employment he has for at least twenty weeks at tended some public or private day school where the English is taught; nor shall employment continue, unless such child shall in each and every year attend fchool as herein provided, and no child shall be so employed who does not pre sent a certificate signed by the president and secretary of the school board of the school district in which he resides, of his rompliance with the requirements of th s tection. Nor shall any owner, superin tendent or overseer of any such estab lishments, parent or guardian consent to or permit the employment of any child contrary to the provisions of this law. Section 243cc. All superintendents of es tablishments coming under the act shall keep for inspection records of age, birth and residence of every male and female child, giving amount of school attend ance. . SecMon 243cc 1. The penalty for vi olating the act shall b; a fine of not less than $20 or more than $50. Section 245cc The deputy labor com missioner Is given special authority to enforce the act House roll IS. by Mann: Section 1. It shall be unlawful for any person to plow up or upon any public highway in this state without the consent or direction of the overseer of roads. Section 2. Any person violating the pro visions of this act shall upon conviction be fined net less than $5 nor more than $25. House roll 43, by GrandstafT. Amends section 208. criminal code, and repeals satd section. The bill removes the words "in a state of adultery" wherever they appear in the section. House roll 37. by Easterjlng. Amends eeotfon 15 chapter 56 of the criminal code . of Nebraska of 1873. and to repeal said original section 125 of chapter d8 of the criminal code of Nebraska of 1S73. and to repeal section 125 of chapter 31 of the criminal code of Nebraska of 1861, and to repeal section 125 of chapter 15 of the criminal code of Nebraska of 18S7, and to repeal section 125 of chapter 16 of the criminal code of Nebraska of .MKU.. . The bill re-enacts the law providing a penalty for obtaining money under false pretenses and extends the crime to persons stealing from a"corporation, association Of parnership." Mouse roll in. by W. T. Wilcox: Section 1. That no company, corpora-, tlon or person operating a railroad in whole or in part, within the state of Nebraska, shall permit or require any conductor, engineer, fireman, brakeman, telegraph operator or any trainman who has worked in his respective capacity for eighteen consecutive hours, except in case of casualty, or unavoidable emergen cy, to again go on duty or perform any work until he has had at least eight hours of rest. Section 2. Any company who shall vio late this act shall be lined not less than $50 nor more than $200, for each and every violation of this act; provided, however, that the proceedings to enforce the pen alty, as approved in this act. shall be commenced within six months from the date of the violation of the same. House roll 192, by Beverly. Section 1. That no female shall be em ployed In any manufacturing, mechanical or mercantile establishment, hotel or res taurant in this state, more than sixty hours during any one week and that ten hours shall constitute a day's labor. The hours of each day may be arranged as to permit the employment of such fe males at any time from C o'clock a, m. to 10 p. m. Section 2. Every employer shall post In a conspicuous place In every room where such females are employed a prl.-ifHl notice, stating the number of hours wont tequired of them each day of the wee. Section 3. Every employer shall provu'e suitable Beats for the' females so eir. ployed. and shall permit the use of sucn seats by them when they are not neces sarily engaged in the active duties ?cr which they are employed. Section 4. Provides a penalty for vio lating the act. House roll No. C3, by Burman. Section 1. Any person or persons who loan money upon deposits, or pledges of personal property or other valuable thit,?. or any person, persons or corporation who loan money upon chattel property for security, and require possession of the property so mortgaged on condition of returning the same upon the payment of a stipulated amount of money, is here.iy declared to be n pawnbroker, or chitrel loan broker, for the purpose of this en ict ment. Section 2. Every person, firm or corpor ation engaged in the business of pawn broker or chattel loaning shall pay to the city or village treasurer for a licer.L-e to carry on the same the sum of $10J per year or $50 for every six months. In metropolitan cities, but in all other ci'.ies. towns or villages the sum of $50 per year or the sum of $25 for every six months, such a license to be obtained in the usual manner, Such person or Tir.-n shall pay said sum and give bond to city, town or village in which he is to do busi ness In the sum of $3.rt). with surety to be approved by the mayor or its chief executive officer, conditioned for the faithful performance by the principal, cf each jind all the trusts imposed by law or by usage attached to pawnbrokers, or chattel loan brokers, provided, thut no license fee shall be exacted In munl:! palities which impose a license fee on this business by ordinance. Section 3. No person or firm shall be allowed to do business in more than one place under one license. SecMon 4. All persons who shall be engaged in the business shall keep a book in which shall be legibly written In ink. at the time any loan or purchase, an accurate account of description, 'u the English language, of the goods pawned, pledged or mortgaged or pur chased, the amount of money loaned ir paid therefor, the time the same wvs received, and the name, residence a ad description of the person pawning. pled ing, mortgaging or selling the same, which book, as well as the article pawned cr purchased, shall be at all reasonable times open to the Inspection of the ma,voc, or any member of k.ie police department, or any officer of the law. Section 5 provides for a daily report to the police department. Section 6. No peisonal property re ceived on deposit or purchase by ar.v pawnbroker, chattel loan broker, dealer in second-hand goods or junk dealer, snail be sold or permitted from the place of business of such person for the spa-e ot twenty-four hours after the copy and statement required to be delivered to the chief police officer shall have been deliv ered as required by section o of this act. Section 7 excludes Sunday as a working day for those coming under the act. Section S provides a penalty of between $50 and $100 for violating the act. Section S. It shall be unlawful for any broker, agent or dealer mentioned in this act to sell any goods so pawned to, or received by him. during the period of six months, from date of pawning or receiving such goods; and after the expiration of four months as aforesaid he may sell any such article to the highest bidder therefor after first having posted a notice of said sale one week in a conspicuous place of business where such article was pawned or received, or in the place where such broker or dealer Is then located because of having changed h.s place of business, paving in said no tice an accurate description of the arti cles or goods to be sold, and the date and the hour that said sale is to begin, and also after having endeavored to no tify the pawner of such goods at least one week before the time set for such sale, that same would be sold. Said saie may be adjourned from day to day for want of sufficient bidders. Said sale shall vest the title to said property in the purchaser. House roll No. 31S. by Flynn, repeals sections 4. 5 and 6. chapter 39. compiled statutes, and creates new sections. Within six months after the passage of this act all buildings in this state, four or more stories in height, excepting private residences exclusively, but in cluding flats and apartment buildings, shall be provided with one or more metallic ladder or stair fire escape at tached to the outer walls and provided with platforms of such size and dimen sions, and such proximity to one or more windows of each story above the first, as to render access to such ladder or stairs from each such story easy ad safe, and shall also be provided with one or more automatic metallic fire es capes, or other proper device, to be at tached to the inside of said building so as to afford an effective means of escape to all occupants who. for any reason, are unable to use said ladders or stairs; the number, material, location and con struction of such escapes to be subject to the approval of the commissioner of labor or his deputy: provided, however, that all buildings more than two stories in height, used for manufacturing pur poses, or for hotels, dormitories, schools, seminaries, hospitals, or asylums, shall have at leat one such fire escape for every- fifty persons, and one such auto matic metallic escape for every twenty five persons, for which working, sleeping or living accommodations are provided above the second stories of said build ings; and that all public halls, which provide seating room above the first or ground story, shall be provided with such numbers of said ladders or other fire escapes as said commissioner of labor or his deputy shall designate. The duty of the commissioner of labar and his deputy shall be to serve notice on owners of buildings not provided with fire escapes and to command their erec tion in thirty days. Grand juries are empowered to look into cases of neglect to put up the fire escapes. Failure to erect a fire escape on notice shall meet with a fine of from $25 to $200 and to a further fine of ?50 for every additional v$& of neglect to comply with the law. The commissioner of labor and his deputy shall have supervision of the erec tion of all fire escapes, and none shall be erected except by a written permit from him. Applications for permits ro construct fire escapes shall be filed with the commissioner of labor, giving descrip tion of the building, and in return for this the permit is to be issued. CIVIL CODE. Senate file No. 62. by Fowler of Fill more. To amend section 1039. civil code, relating to the transfer of replevin suits to the district court, by adding the fol lowing to said section: In case where the appraised value of the property so taken is less than $200 and a trial 4s begun before the justice, and is case t&e jury agree upon a ver dict finding the value of the property ao taken to E .wire than $100. or In case a. JUrv M waived and the can tried to J he justice and he finds that the value " me pruucriy so laaen exccrai wf, then In either case no judgment shall be entered and all subsquent proceeding shall cease before the justice, and he snad certify the proceedings to the dis trict court in the same manner as pro vided for in this section where the appraised value of the property taken exceeds the sum of $200. and the same poceedings shall be had In the district court as a case certified up by the justice wlten the appraised value of the property taken exceeds $2fi0. Senate file No. 28. by Fowler of Fill more. To repeal sections 917. 918, 919. 920. 921, 922, 923 and 921 or the civil code relat ing to arrest before and after judgment. House roll No. 93. by Weaver. To amend section COla, civil code, and to repeal tha section before existing. Sect-on 1. That section 601a of the code of cittl procedure, be amended, so as to read as follows: Section 60la. A complete record of every origins! clause in the supreme court., as soon at it is finally determined, shall -be made by the clerk of such court, unless both parties shall declare in open court at the term at which the final 6rde' ad judgment shall be made or hearing jlad; their agreement that no reiord shall He made. . ... . , House roll ted. 254. by Olmsted;, Adds to "section 6 of the civil code the follow ing: ., -"Provided, however, that there shall be no limitatibh to the time within which any county, city, town, village or other municipal corporation may begin an ac tion for the recovery of the title or pos session of any public road, street, alley or other public grounds or city or town lots." House roll No. 21. by Evans. Amends scection 602, code of civil procedure, relat ing to proceedings to reserve, vacate or modify judgments and orders in courts in which they are rendered by striking the words, "married woman," from the following: "For erroneous proceedings against an Infant, married woman, or person of unsound mind where the con dition of such defendant does not appear in the record nor the error in the pro ceedings." House roll No. SS, by Weaver. An act concerning compensation of receivers. Section 1. Receivers shall receive for their services such compensation as the court in its discretion may award, subject to the following restrictions: First, receivers appointed for the pur pose of preservingand protecting property pending litigation, or for the purpose of continuing the business of the debtor or corporation pending litigation, or when financially embarrassed, may be awarded a salary or lump sum. Second, receivers appointed for the purpose of winding up the affairs of a debtor or corporation, reducing the assets to cash and distributln them, shall be awarded a percentage upon the cash teceived and properly accounted for by them. Which percentage may be in creased where extraordinary services have been performed, and correspond ingly reduced where the services have not been meritoriously performed. CURATIVE LEGISLATION. Twenty-three bills passed were curative acts. They are so designated by attor neys because they cure defects In present laws. The most common defect, as shown by foot notes In the compiled statutes, is the absence of repealing clauses. The courts have held that when an amendatory act is passed the bill must designate the section sought to be amended and also repeal such section. Some important sections In the statutes have been declared unconstitutional, be cause legislatures have not followed this plan of repealing sections sought to be amended. lawyers deem the curat've acts among the most important passed oy me legislature, some or tne curative acts merely strike out words that have been abrogated by decisions of the courts, or correct palpable errors that occurred in times past in the enrolling room, such as the misspelling of a word or the substi tution of a wrong word. The following are the curative acts passed: Senate file No. 121. by Reynolds of Dawes, attaching a repealing clause to section 62. criminal code, relating to set ting fire to woods and prairies. Senate file No. 117, by Prout of Gage, attaching a repealing clause to section 5P-J. civil code, relating to limitation of time in which judgments may be enacted or modified. Senate file No. 113. by Prout of Gage, attaching a repealing clause ts section 522. criminal code, relating to Imprison ment at hard labor. Senate file No. 96. by Prout of Gage. attaching a repealing clause to section 1-i civil code, relating to verification of pleadings by affidavit. Senate file No. 58, by Talbot of Lan caster, attaching a repealing clause to section 12. chapter 9, statutes of 1897, relating to registration of county bonds by the state auditor. Senate file No. 93. by Prout of Gage. attaching a repealing clause to section 114. civil code, relating to amendment of pleadings by the court in furtherance of justice. Senate file No. 97, by Prout of Gage, attaching a repealing clause to section 276. civil code, relating to contempt. Senate file No. 144. by Prout of Gage. attaching a repealing clause to section W. criminal code, relating to injuries to ornamental trees on commons and streets. Senate file No. 143, by Prout of Gage. attaching a repealing clause to section 81. criminal code, relating to stealing or interfering with bees and honey, and fixing the liability to the party Injured at ah damages received" instead of "double dariiages. Senate tile No. 119. by Prout of Gage. attaching rencalinir clauses to section sft and 839. civil code, relating to partition and service upon defendants in partition suits. Senate file No. 115. by Prout of Gage, attaching a repealing clause to section 116, criminal code, relating to stolen goods. Senate file No. 150, by Rocek of Lan caster, attaching a repealing clause to tne sale of or allowing diseased animals to run at large. Senate file No. 151, by Rocke of Lan caster, correcting an error In section 852. civil code, relating to sale of mortgaged premises, by changing the word, "specu lation." to "execution." the original bill having been incorrectly enrolled. Senate file No. 156, by Prout of Gage, attaching a repealing clause to section 25, criminal code, relating to carrying concealed weapons. Senate file No. 157. by Prout of Gage, attaching a repealing clause to section 26. criminal code, relating to unlawful assembly. Senate file No. 155. by Prout of Gage, attaching a repealing clause to section 8, criminal code, to aiders and abettors in prize tights. Senate file No. 153, by Talbot of Lan caster, attaching a repealing clause to section 140. criminal code, relating to the adulteration of liquors and the sale of the same. Senate tile No. 8. by Owens of Dawson, attaching a repealing clause to section ;. chapter 12. statutes -of 1897. relating to the time and place of the sale of property taken under chattel mortage. Senate file No. 125. by Reynolds of Dawes, attaching repealing clauses to sections 323. 324 and 327. civil code, relat ing to proceedings before the court, trial docket and order of trial, and repealing section 327a, which Is practically the same as section 327. Senate file No. 129. by Talbot of Lan caster, attaching a repealing clause to section 378. civil code, relating to service of notice before taking depositions. Senate file No. 140. by Prout of Gage, to amend section 609. civil code, relating to modification of judgments, by striking out the words, "married women." the same having been abrogated by the courts. House roll No. 22, by Lane. Amends sections 30 and 31. chapter 73, part 11. revised statutes, being sections 3ft. and 31. chapter 34. compiled statutes, by supply ing a repealing clause. House roll No. 21. by Lane. Amends section 26. chapter 34. compiled statutes, relating, to guardians and wards, supply ing a repealing clause to the original act. Approved March 7. EMBALMING. House roll No. 170. by Armstrong. Section 1. It shall be the duty of the state board of health within slxtv days auer ine passage oi mis aci to appoint a board of secretaries or examiners for embalmers. Said board shall consist of three members. Section 2. No person shall be eligible as member of said board who has not been engaged in the business -of, and practiced embalming in this state for a period of at least five years next preced ing said appointment. The terms for which the members of said board shall hold their office shall be three years. except that the members of the board first to be appointed under this act shall hold their office for the term of one. two and three years, respectively, and until their successors shall be duly appointed. Section 3. The board shall meet and organize within thirty days and shall meet at least once a year. The records shall be kept at the office of the state superintendent of public instruction. Section 4. All persons engaged in em balming in the state for one year shall have a certificate on furnishing proof and paying $5 for the same. The cer tificate must be secured to six months. Section 5. No person not registered after six months may practice embalming until certificate is secured. Section 6. Examinations shall be given to any person at the regular meetings of the board. Section 7. An annual fee of $2 is ore quired of all persons practicing embalm ing. Section 8. All certificates shall be reg istered in the office of the county clerk of the county in which the party poldlng it resides, for which the clerk is cents. Section t. Every amHcant for inatlon shall Day the board of examl $10. Each member shall receive IB day for each day actually employed, ether with all traveling expenses. may receive such farther compensa' as the board may determine, all to ei rrom tne rees or tne orace. Section 19. The secretary and of the beard shall make an annual to the auditor. Anv surnlus over and expenses shall be paid into the stal Section 11. Violations of the act be misdemeanors and the penalty be a fine of between $26 and $Ms. BARBERS' BILL. Tf AftaA mill IkTA 971 Kip mmatrl All nersons followina- the occupation barber in the state shall obtain a certl cate of registration. The barbers' ezan ining ooara. constating oi tne govern attorney general and auditor, thall sixty oars appoint three examiners secretaries, appointea one tor one. for two. and. one for three years,. tWll whom shall be recommended by th wtv viuLwvt.c aawuainiik.,vii v& secretaries sr .Vinti va wlktnm J vicuiiico 0 iiea is w o in ni i n . sit who shall have been fcrfcctK! profession five. Vears prior to. ifiiT ment: Tne. secretaries snau arre tha.suia of $3.t)0. , . . , ..... , : f The board shall adopt hdea.irltit ence to precautions to prevent creatine and anraarlta nt Inf rlsitia anA 7 Mr tagtoue diseases. Public exaasfcWtleaiJ by the secretaries ahair he held, WticeT or which shall be given. Within sixty days from the passage of the act all barbers on makings satis factory showing may secure a certificate for $1. After that time an examination will be necessary at an expense of $5. The board of examination will not Issue a certificate till satisfied that the appli cant Is above the age of eighteen years; of good moral character, free from con tagious or infectious diseases, has either studied the barbers trade for two years as an apprentice under a qualified and practicing barber, or studied at least one year in a properly appointed and con ducted barbers' school or college, or prac ticed at the barbers' trade in another state for at least two years, and is pos sessed of the requisite skill in said trade to properly perform all the duties and services incidental thereto, and is pos sessed of sufficient knowledge concerning the common diseases of the face and skin to avoid the aggravation and spread ing thereof In the practice of his trade. Certificates shall be good for a year. Apprentices may serve in barber shopi but not over one apprentice to three barbers. All barber colleges must keep up a sign giving evidence of the fact. The board may revoae a certificate for conviction of crime, habitual drunken ness, gross Incompetency and contagious or infectious disease. The fees are to be distributed among the secretaries of the board and they are to receive no more than the fees of office. The board of secretaries may hold examinations anywhere in the state they see fit. Penalties for violation of the act are provided. ANIMALS. House roll No. 347, by Fisher. Repeals chapter 51, complied statutes. Any person or persons having cattle, hogs, sheep, horses, mules or asses, shall have the right to adopt a brand or mark, for the use of which he shall have the exclusive right in this state, after record ing such brand or mark as hereinafter provided. That for the purpose of creating a state brand and mark committee, and state registry of brands and marks, it shall be the duty ofthe governor to ap point three reputable stock raisers, who shall be chosen from those largely Inter ested in cattle, who shall hold their of fice for a term of two years. Said three persons so chosen, together with the sec retary of state, shall constitute a state brand committee. Said committee shall meet at least twice each year and at the office of the secretary of state, and as often at the call of the chairman as is necessary. A record shall be kept by the secretary of state of all 'brands and a fee of $1.50 shall be charged for recording such brands. Twenty per cent of these fees shall be paid each member of the state committee and 20 per cent shall constitute a. fund to defray the expenses of the secretary of state incurred under the person shall adopt a brand previous ly recorded. The committee shall decide, whether brands offered for record con flict, provided that no brand shall be ac cepted described as being of either side of the animal and that a brand described as being on both sides may be accepted. Where two brands are similar the com mittee shall decide as to priority of own ership at Its regular meeting. The party thus losing his brand shall not thus have his ownership of stock In any wav in validated, the object of the act being to make Illegal and enjoin from the fur ther use of the brand. Owners of cattle bringing them to a county for grazing shall submit the brands to the committee to obtain per mission to use the same and assurance that it does pot conflict with others and the owner may be enjoined from the use of a conflicting brand. Provision as to "incoming stock grow ers" and "brands to be rejected by com mittee' are as in the old law. The following penalty Is attached: "Any person or persons who shall violate the provisions of this act shall be deemed guilty of misdemeanor, and upon convic tion shall be punished by a fine of not exceeding H.Ono or by Imprisonment in the county jail for a term not exceeding one year, or by both such fine and Im prisonment. In the discretion of the mtirr Senate file 136. by Crow of Douglas: To amend section 16, chapter 4, article 1, compiled statutes of 1S97, to read as fol lows: Section 16. That dogs are hereby de clared to be personal property for all intents and purposes and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue to anv person, firm or corporation by rea son of such dog or dogs killing, wounding, worrying or chasing any sheep or other domestic anlmais oeionglng to such per son, firm or corporations and such dam age lie receovered from any court having jurisdiction of the amount claimed. House roll 156. by Wllcor. Amends sub division 10. section 69. article 1. chapter 14. comnlled statutes and repeals section as existing. Section 1. Tn cities of seend class, tax on dogs Is plared at from $1 to S3 In stead of from $3 to 110 as in previously existing law. REAL ESTATE. House roll 197. by Lemar. To legalize all oaths and affirmations heretofore ad ministered and all acknowledgements heretofore taken by commissioners of deeds in the legal form and which have no certincate of the secretary of state as required by section 36. chanter 73, compiled statutes, if in other respects they are In regular form. APPROPRIATION BILLS. House roll 2S0, by Detweller. Appropri ates $25,000 for the construction and fur nishing of a three-story brick and stone school building at the institute for the deaf and dumb at Omaha. The successful contractor shall file a $20,000 bond for the faithful performance of the work. The board of public lands and buildings shall appoint a superintendent with a compen sation of $4 a day. Fifteen per cent of the contract shall be retained till completion of the work. House roll 275. by Detweller. Appropri ating $7,700 for the construction of a boil er, engine, coal and pump house at the institute for the deaf and dumb at Om aha. One brick and stone boiler house shall be erected which shall be equipped with four boilers for heating purposes of the institution together with engine room, coal bins, electric lighting plant and pump house belonging thereto. Bids shall be advertised for within thirty days. The bond required of the successful bidder shall not exceed $20,000. Fifteen per cent of the price shall be retained till anal ac ceptance. Emergency clause. Approved April X House roll 351. by Zellers. Appropriates $1,500 for the purpose of creating an emergency fund to be used as occasion may require by the state board of health in the suppression of epidemics and the ErevenUon of diseases and protection of uman life In Nebraska. When the public health Is threatened the board of health may pass a resolu tion setting forth the facts and giving an estimate of the expense necessary to fight the disease which when approved by the governor and attested by the at torney general shall be filed with the au ditor who shall draw a warrant on the treasurer for the amount approved. The emergency fund shall be available for the payment of bills contracted by the board for the suppression of the re cent epidemic of smallpox in the state. Emergency clause. Approved February 25. House roll 1H. bv Thannann nt Wr. rick. Appropriates ).) for the payment pf the Incidental expenses of both houses including printing, postage, stationery, fuel, light and other special expenses which may be lawfully incurred by either house. Emergency clause. Approved January 25. House roll 8. by Evans. Btection i. Tb appropriate $34009 to erect one three-story brick, stone and iron fireproof building with stone base ment, on the grounds of the asylum for the chronic insane at Hastings to accom modate not less than 280 nor more than 225 patients, and to conform In architect ural design to tne-buildings now in use on the said grounds. Section 2. The board of public lands and buildings shall advertise for bids. Section 3. The board shall accecpt the lowest responsible bid. Section 4. The successful bidder shall execute a bond to the state in the sum of SS.0M for the completion of th wHt according to contract and the payment ot all labor claims. , Section 5. The board shall appoint a superintendent to see that plans are fol lowed and to return monthly statements of work done. The superintendent's bond shall be in the sum of $10,000. His com pensation shall be $5.0) per day. Section 6. The building shall be com pleted by October 1. 1900. At Its comple tion 88 per cent of the amount shall be paid, the balance to be paid when final estimate is made. Section 7. The superintendent is quali fied to act in the, absence of the board. 8ectlon 8. The treasurer shall pay war rants for the work. House roll No. 296, by Dlttmar. appro priates $40,000 for a building at the Lin coln hospital for the insane. Contractors shall give a $40,000 bond to Insure com- Bletion Of the work. The board of public tnds and buildings shall appoint a superihtendent whose compensation shall be not over $5 a day. Twenty-five per cent ot each estimate Is to be retained till the Work is completed and accepted. House roll No. 43., by Murray, appro priates SS1S2 for the reiier of Thurston county for the purpose Of liquidation of indebtedness Incurred in the prosecution of W. G. Ream, and J. Sidney G6d roansoh; fob felonies, and other trials, House roll No. 600. by committees on deficiencies. Appropriates $45,981.93 out of the general fund for the payment of Items oftaoebtedness owing "by the state. Jsssetgescy closes.- Approved. April Sl House roll No. 9. by Evans. Appropri ates $15,000 out of the general fund for the purpose of erecting and furnishing one boiler and engine house, cold storage room, new- wells and air lift pump for the asylum for the chronic Insane at Hastings. The board shall advertise for bids Immediately. A good bond is required from the successful bidder, to be accepted by the board of public lands and build ings. Emergency clause. Approved April 3. House roll No. 3T0; by Young. Appro priates money belonging to the state normal school library fund on March 31, 1899, and all sums accruing till March 31, 1891, for the purchase of books for the institution. Emergency clause. Approved March i&. House roll No. 41S, by Grafton. Appro priates $5,000 to be expended under the direction of the board of education of the state normal school for a stand pipe for protection from -fire; to enlarge the heating and lighting apparatus and to aid in furnishing the new chapel at the state normal. House roll No. 295. by committee on soldiers' and sailors' home. Appropriates $13,500 to purchase the site of the sol diers' home at Milford. being 35 acre3. together with brick building and the appurtenances thereto, and requires a valid title and surrender of lease. The board of public lands and buildings makes the purchase. Emergency clause. Approved March 31. House roll No. 538, by Harris. Appro priates $6,000 to erect and equip a new building to be used as a shop, gymnasium and laboratory and for building a barn at the Institution for the blind at Ne braska City. Bids shall be advertised for on or before June 1. The shop is not to exceed $3,500 and the barn not to cost more than $1,000. House roll No. 599, by committee on deficiencies. Appropriates $925.62 from the state library fund for payment of items of indebtedness owing by state for claims lor books. Emergency clause. Approved April 3. House roll No. 336, by Chittenden. Ap propriates $48,500 for four new buildings at the Beatrice institute for the feeble minded youth. Estimate for two new buildings. $27,000; furniture for two new buildings. $2,500; bakery, kitchen, brush shop and laundry, $6,000; kitchen furniture and utensils for new kitchen. $1,000; new machinery for new laundry. Including gas engine, $2,500; two new boilers, $2.'lj water and steam fixtures, $2,500; dam at water works, $1,000; replacing plumbing, $2,000; new engine. $1,000; new dynamo. $1,000. Eids shall be advertised for within thirty u?vs. House roll No. 441. by committee on finance, ways and means. Appropriates $SS5,rV) for the payment of salaries of officer: or the state government. Emergency clause. Approved April 5. House roll No. 501, by committee on finance, ways and means. Appropriates $1,060,055 for the payment of the current expenses of the state government for years ending March 31, 1900, and March 31. 1901. Emergency clause. Approved April ". House roll No. COS. by claims committee. Appropriates $75,98.4 for the payment of miscellaneous items of indebtedness owing i.y the stat of Nebraska. House roll No. 610. by Grafton. Appro priates 5,000 to purchase, pay for and furnish &n executive mansion. Within thiity days the board of public laniU und huildirgs shall advertise for olds for proposals for sale to the state of a dwelling house properly located In Lin coln for nn executive mansion to be occu pied by the governor. The board is au thorized to purchase sucn a residence as seems fit. The board shall be furnished a complete abstract of title. After the purchase the board shall furnish the premises suitable for an executive man sion and the jauie shall be occupied by the governor. Emergency clause. Ap proved April 1. House roll No. 191, by Tanner. Appro priates $500 for the relief of Cyrus F. Bake, who was injured as deputy sheriff while defending Andrew Dcberry from a mob, the latter being under arrest for a charge of murder of his wife. House roll No. 470. by Burman. Appro priates $3,5C0 for the relief of William C. Peterson, incapacitated for the duties of life while a private in company E, First regiment, national guard, in a cam paign In 1891 against depredations of the Sioux Indians. Emergency clause. Ap proved April 3. BILLS VETOED. House roll No. 385, by Detweller, an Omaha charter act. House roll No. 114, by Wilcox, provid ing that the supreme court commissioners may continue In office. Senate file No. 298. by Talbot, a joint resolution of thanks to the officers and men of the First Nebraska regiment at Manila. An appropriation item of 32,000 for ex penses of a committee appointed by the senate to investigate state offices. Senate file No. 22, by Noys or Douglas, to provide for the election ot Douglas county commissioners by vote of the entire county. IN GENERAL. Beer tabloids are about to be put on the market by a German firm. A small tablet dropped into a glass of water will turn it into beer as fresh as if just drawn, it is asserted. Peanut or ground nut butter has been successfully made and marketed wholesale, at 15 and 17 cents a round. It is put in cans of various sizes, from one pound to 100 pounds. Tbe contribution to the fund for the support of the family of Warren Guion, the elevator man at the Wind sor hotel, Trho lost his life by taking his elevator up for "one more trip." in the hope of saving another load of women and children, now amounts to about $4,000. Since April 1, nonconformists in England have been able for the first time to be married by ministers of their own faith, without the register's presence being required. The law thu3 acknowledges that such marriages are religious and no longer civil ceremo nies. Emile Zola in his English exile, gives the morning to literary work, the afternoon to walking or bicycling, and the evening to Parisian and Lon don newspapers, which latter he trans lates only by the constant aid Oi a dic tionary. He believes that June will see the end of the "Affaire Dreyfus." The alumni of Girard college, ac cording to recent official report, had a prominent part in the army and navy service during the war with Spain. In the regular and volunteer armies there were three commissioned and forty three non-commissioned officers and 101 privates who were Girard college boys. Fishing, like adversity and politics, makes strange bedfellows. Grover Cleveland and Mark Hanna are, with a number of other well known men, members of a tarpon fishing club that has just been organized in Texas by E. H. R. Green(son of "Hetty"Green.) The organization owns a $25,000 club house on Mustang island, near Rock port, Tex. Some Philadelphia doctors are treat ing a new trouble known as dog palsy. Most of the victims are women. Those troubled with the affliction are per sons who have been traveling about the streets, each holding a chain or cord, to which la attached a dog. Tbe hand, usually the right, shakes and swings when free just as ir' a dog were pulling at it on the end of a chain.. THENEWCAPITALFALLS Rebels Fire San Fernando Be fore Retirement. TOWN OCCUrif t WITHOUT LOSS. Lawtea's Comma Meets Mere Fighting Than Was Earlier Reported Insur gents Occupy the Jangle on All Sides Adoption ef Indian laetlcs Saves tne Division From Severe Loss. MANILA, May 6. Major General MacArthUrV division advanced to San Farhadd yesterday and found that the place had been evacuated by the rebels, who left only a small detachment to .covectlMlr. retreat, by train. Ge' MacArthur has occupied the burning towns without loss.- The rebels south of Manila attempt ed to rush through Brigadier General Ovenshine's line last night. The at tempt failed, but the rebels maintained a fusillade of musketry on the Fourth infantry regiment for several hours. The demonstration was ineffectual, be yond scaring the inhabitants of Ma late. The outpost of the Idaho and Cali fornia regiments beyond San Pedro Macat were also attacked during the night Detaijed reports of the work of Major General Lawton's expedition show that harder fighting took place during the early part of this week than earlier ac counts indicated. In the attack upon San Rafael the American forces were met with a heavy fire from a large number of rebels, who were concealed in the jungle on all sides. It was only the adoption of the tactic followed in Indian fighting in the United States', every man for himself, that saved the division from great loss. General Lawton, as usual, was at the head of his line with his staff. Scott's battery demolished a stone-fronted trench at short range. The insurgent leaders, Gregonio and Pia Del pilar, who had 800 men in Bal inag, retreated when General Lawton approached the town. Chief of Scouts Young, with eleven men, entered Bal inag ahead of the army and rang the church bells to announce that they had possession of the city. General Lawton, when attacking in force outside of Balinag, saw women and children in the rebel trenches and sent Captain Case in advance with a white flag to warn the insurgents to remove the non-combatants. When within 500 yards of the trenches two volley's were fired at Captain Casa's party. Chief of Scouts Young, whose brav ery at Balinag wafe most notable, served as an Indian scout under Major Gen eral O. O. Howard in his campaign id the northwest in 1876. The work of Young's scouts was a feature of the expedition. On Wednesday twenty three of them encountered a tody of 300 Filipinos beyond Balinag and drove them until of the 150 rounds of am munition which the scouts carried they had only fifteen rounds left. They were about to retire when Lieutenant Boyd, with a troop of the Fourth cav alry, came up with mem anu cuaseu the enemy Into San Miguel. There are 2,000 Spanish prisoners in the hands of the Filipinos at San Mi guel. They are served with five cents worth of rice daily and are compelled to work on the rebel defenses. Several hundred of the Filipinos wounded are at San Miguel. WASHINGTON, May 6. Adjutant General, Washington: Following cas ualties at San Tomas yesterday: One officer. Lieutenant Toggart. Twen tieth Kansas and four enlisted men killed; three officers, twenty-two en listed men wounded. Among the wounded is General Funston, hand slight. Lawton reports the capture or 150,00 bushels of rice and 265 tons or sugar at Baluag. Value of subsistence captured at Malolos, $1,500,000. Large captures rice and corn belonging to the enemy at other points. Insurgents destroyed by fire yesterday the town of San Tomas and last evening fired the city of San Fernando. OTIS. The records of the War department do not contain the name of Lieutenant Toggart The dead officer probably is William H. McTaggart Schnrmann Reports Favorably. WASHINGTON, May 6 The state department today received a dispatch from President Schumann of the Phil ippine commission giving the substance - . nnnforinra with the representa tives of Aguinaldo and asking for fur ther instructions. While the text of the dispatch is not to be made public. Secretary Hay stated that it showed a very satisfactory condition of affairs in the Philippines and pointed to a settlement of the difficulties there. The reply ot.the president to Prof. Schurmann's cablegram, it is under stood, stated that he was very anx ious to have the peace negotiations concluded at the earliest possible mo ment and to this end he desired that no unnecessary or numniaung conui tions should be imposed upon the in surgents. It is believed in administra tion circles that as soon as Aguinaldo is convinced of the sincerity of the American government he will agree to surender. He will be required, how ever, to lay down his arms. This will be the principal condition, and until an agreement on this point is reached the negotiations will not make any progress toward a conclusion. In Qnarantlne Fourteen Day. WASHINGTON, May 6. Informa tion has been received at the war de partment that the transport Grant has been quarantined at San Francisco for fourteen days on account of a few cas es of smallpox which developed among the troops she brought from the Philippines. As soon as relieved from quarantine the troopship will be over hauled and put in the best sossible condition for a return with reinforce ments for General Otis' army. She may be ready to start about the first of June. Signs Aatl-Trest BUI. JEFFERSON CITY, Mo., May 6. Governor Stephens today signed the two radical anti-trust bills passed on Wednesday. One by Farris permits the attorney general to subpoena of ficers of trusts located in other states, and if they do not appear the supreme court may enter judgment against a method of taking testimony in pro ceedings against trusts. But few men are brave enough to al low a mind reader to expose thpir thoughts in the presence pf frientR WOULD LOAD THE MAIL. The Desire ef Atklseea to Sea FasssJes te Manila Revealed. WASHINGTON, May 6. The poet office department ttiday made publie the letter of Edward AtkJnmra of Boa ton, cm which the action of th depart ment in seising his pamphlets was based. Many letters asking informa tion about tbe subject have rescued here and today the folloWlag state ment was given out by Postmaster General Emory Smith: In view of ths statement of Mr. Edward Atkinson that he sent his pamphlets only to Ad miral Dewey, General Otis, President Schurman and three or four others, the letter of Mr. Atkinson containing his application will be of interest It is as follows: BOSTON. April 22. To the Secretary of .War, Washington: Sir I desire to send a large number of the enclosed pamphlets on the "Cost of a Natioaal Crime." "The Hen of War and Its Penalties," "Criminal Aggression: by privates in the Philippine Islaads. I therefore desire to know whether or not these documents can be sent di rectly through the war department or may be forwarded in due course of mail. A list of regiments is desired and if there are printed lists of offi cers available they would serve me a very useful purpose. EDWARD ATKINSON. No answer was made to this letter, except to send an official copy to tne postmaster general, who issued in structions to the postmaster at Sag Francisco to hold the pamphlets. The spirit and design of the pamph lets will be indicated by a few extracts. In one of them Hr- Atkinson says: "I will append one question to each reader: How much increase of taxa tion are you willing to bear and how many of your neighbors' sons are you ready to sacrifice by fever, malaria and venereal disease in order to ex tend the sovereignty of the United States over the West Indies and the Philippine islands?" Again after describing what he calls the "Hell of War and Its Penalties." Mr. Atkinson says: "Lest others should be entrapped into enlistment into the regular army or volunteer service in the tropics. It will only be fair and honest on the part of the re cruiting officers to be put in possessloa of these facts." Mr. Atkinson also says: "The way has already become plain for the youth of the land to avoid disease in the trop ics by refusing to volunteer or enlist in the army or the navy of the United States." Mr. Atkinson not only speaks thus of and to the soldiers of the United States, but he encourages the Filipinos to insurrection when he says: "They have the power to enter into interna tional relations and they may yet be recognized by others powers." Extra Sejsioa of Ceagress WASHINGTON, May 6. There is a growing belief among prominent mem bers of congress that the president will call congress to meet in extraordinary session this fall, probably early in October. -The- questions- which will come before the next congress for set tlement, including as they do every thing growing out of our possessions acquired as a result of the war with Spain, and general legislation, includ ing that relating to currency reform, the Nicaraguan canal, merchant, ma rine, etc., are of such great importance that the president is inclined to regard it as advisable that congress should meet earlier than the regular session in December in order to get the work under way. The retirement of Speaker Reed will entail considerable delay in the appointment of committees in the house, as It is customary to allow a new speaker four or five weeks to make up his committees, and this furnishes an additional reason why congress should be convened before December. Osborne and the Gn SAN FRANCISCO, Cal May 6. Pri vate advices from Apia state that United States General Consul Os borne, who' is acting president, and as such custodian of the revenue. Is ordered by the Berlin treaty as such custodian to pay money on the order of the Samoan government. The gov ernment, through its secretary of state, has drawn an order on the custodian of the revenue for the amount of King Tantis' salary for the month of Janu ary, but Osborne has refused to pay, and proceedings have been taken against him by way. of petition to the supreme court to compel payment Osborne, it is stated, is the only one of the British or American officials who will have anything to do with the German consul, Rose. Osborne, however,has frequent conferences with the German consul and is quite inti mate with him. It is stated that his attitude is regarded with great disfav or by the British and Americans in Sa moa. Starvlnc on the Anhcroft Trail. VICTORIA, B. C. May 6. Mail Car rier Brinale has made a perilous trip from the Stickecn river to urge the dominion and provincial governments to send immediate relief to upwards of 200 men who are facing starvation on the Ashcroft trail. Mules and dogs had been the sole diet of the men for weeks past when the carrier left. I'eare Reign In Venezuela. CARACAS, Venezuela, May 6. Peace is now re-established in Venezuela. General Ramon Guera, formerly Van czuelan minister of war and marine, who started the revolution last Feb ruary and was finally severely de feated by the government troops, has escaped into Colombia. New Military Pent In Alaalcs. WASHINGTON, May 6. The gov ernment has decided to establish a military pest at Pyramid harbor, in Alaska. This harbor is on Cbilkat in let near Chllkat village. A company of troops will be sent to this place. ThisMtion Is regarded as very impor tant and it is probable that an officer of discretion will be placed in com mand, as subjects involving our rela tions with the British government are likely to be considered and reported upon by this officer. It is likely that orders will be issued at once sending; troops to this point Brief Beslon of tbe Cabinet. WASHINGTON, May 6. Three mem bers of the cabinet. Secretaries Gage and Alger and Attorney General Griggs, were absent from the cabinet meeting which was comparatively brief. The discussion covers a variety of topics. Secretaries Long and Wil son have just returned from their trips, the former to New England and the latter to the south, and they indulged in some reminiscences. The president and members of the cabinet regard the situation in the Philippines as improving. CofambtisStateBank RQintodt lhi Bqb sstotaiMlttft BJssWssBp fJssMBfR M9W ISn myjwwi'miii ' j-mmmptt'm$timiimm BUYS GOOD NOTES Karon Qsxrabb, Prea't. K. H. stanr, Tie Pre. H BxcMgR, CasaUa snTAVrrgR, Wat 9v The Columbus Journal. A Weekly Newspaper devoted to best interests of AfkLesjftgWajSk UwnMRMwi Tlw duty if Plant, Til State if Nttrask, Tk Uiitei States, -AND TBsV REST OF MANKIND. TMM UNIT OV MEASUR1 WITH Ul II $1.50 a Year, If Paid In Advance). Bat oar lisait of usefulness is not eir cuBBScribed bj dollars and cents. Ceslea seat free t say HENRY GAS8, Cristas : ni t Xttalltf) : CmmI Goiimiis Journal PRINTING OFFICE. pEST PAPERS UNDERTAKEB t OOUMTRY. m ...! : ... .; l- -