THE OMAHA DAILY BEE.
TWELFTH YEAR OMAHA KEB FRIDAY MORNING : JANUARY M 1883 187
THE STATE CAPITAL.
Another Chapter oi the Old Story
of Railroad Di crimina
tion and Ruin.
Grain Buyer of UlyoBea
Forced to Quit For
Want of Care.
Tha Senatorial Contest Sen-
ouely Delaying Lagis- '
Intion.
Tlio Journal Ccmpuiy Swallow *
the State Printing Con-
tr.iot-
Detailed Proceedings In Both Houses.
RAILROAD DISCRIMINATION.
BpecUl CurriMpouJcuco of Tin U .
HOW A OUAIS BDYEll WAS BUoTU )
LINCOLN , January 23. Shortly al
ter 11 o'clock this morning tbo opocial
railroad committee mot in room ( > , but
owing to the fact that the balloting for
United States senator takes place at
12 o'clock it was found iuiposciblo to
examine moro than ono witness , H.
H , Mlllor , of. Ulysses ; but eomo Tory
Important evidence was brought to
light. The examination consumed
about forty minutes.
Mr. Miller testified that ho had
beta "trying" to carry on a grain bus
iness wuh embarrassments , which oui-
barrnsmonta , he explained , ho con
sisted la the great diiliculty ho had in
procuring cars in which to ship hta
grain , and in the early part of Decem
ber , 1881 , ho wai positively rofus ° d
any cars ut all. Finding it nush a d.ili
cult matter to get cars whiln other
parties running elevatora could get
from six to ten , the witncen wont to
Lincaln and had u talk null Mr. Mo-
OunniiT , the division superintendent
of the AtohUon& Nebraskawho said :
"Wo cannot allow any C3inpjtint ( . Wo
have two elevators , which r.hould be
competition enough. " Finally Mr. Me-
Oonniff told witness ho had better see
Mr. Harris , the uonoral freight agent
of the Burlington & Ml-nourl at
Omaha. In corupiny with Mr.
Jensen wltnois wont to Oma
ha , and after wattirg a diy
or so for Mr. Harris , who was at
Denver at the time , ho caw him r.ud
kid the case b. > fore him. Do ( Jlr.
Harm ) also oaid tliern was competition -
tion enough already , but witness &s-
eurod him that that waa not the case ,
and that it was not giving Hatlofaction
to the farmers , and ho ( .ho witnes * )
could produce furraors to back up hi ]
statements. Finally , Mr. Harris said
we cannot give you a place to build
on , but witness told him he did not
want one. Ho asked Mr. Harris if
ho could have equal facilities for trans
portation and rates , and ha said yes ,
the law provides for that ; we could not
do otherwise. Notwithstanding this ,
however , the witawi Continued to
labor under the great \dvantage of
not being able to procure car ) , wnlle
the owners of tbn elevators could got
as many as ten , and being arivisod by
attorneys to prosecute , ho sued the
company far $2,000 and put the mat
ter in the hands of Colonel Sessions ,
of liinooln , ana the nest day there
WHS an extra freight train run thero.
It then seemed that they had cars
ni soon as witness brought the suit.
It appears that a csrtain Mr. Gaodoll
furnished money for the grain , but
owing to the great delay in recfliviug
it he sent to the ogent asking the
cause of the non-arrival of the crain ,
and being told that witness could no !
cot any cars , requested the money re
funded which wis done. The witneei
sued the company because Mr. Rico ,
their Bgont , positively rotated to
furnish him with oars. In the course
of a conversation with the agent , wit
ness said this transportation was very
embarrassing , and that if he could no
got any cars ho would have to do some
thing. The agent replied that the
ooner he did the sooner ho woulc
commence getting oars.
Cross examined by Mr. Dowoose ,
assistant attorney cf the B. & M. , as
to whether ho did not get money from
Mr. Goodell and never used It anc
never called for it. The witness admitted
mittod that ho never used the mono ]
simply because ho could not get no ;
transportation. Pressed as to whotho"
the company did not hold cars for
him , witness replied that ho coule
not p ot the cars until nftor the money
was retnrnod , when of connic , he hoc
no use for them.
Asked whether he remembered the
along ( n December , 1881 , the com
pany had cars for htm , and asked him
to use them and he did not ; witness
positively declared that the company
never had asked him to uon any can
Witness further stated that ho could
buy five times the quantity of grain
that ho was shipping now , it he coulc
insure the transportation. Tno B. A
M. have brought a counter sui
against Mr. Miller f ) r demurrage.
The committed adjourned subjec
< to the call of the chairman.
THE 3LEaiBIA.TURE
l Correspondence of Tim Bur.
LINCOLN , January 25. The opin
ion of the supreme court In rolatior
to railroad cornmteaion bills is recelvec
by the members with a good deal o
manifest disappointment. The opin
ion saomccl to pravail that the decUloi
would he in favor of enacting such
law , but when it became known tha
it was the reverse it cimo like a wo
blanket.
THGHKNATOK1AL OOIiTKST
dr 53 wearily along , with no pros
pet h of an election for several days tc
come , and many of the members ar
of the opinion that this contest help
rather thun hindeu
the enactment o
Jim , and there are not aon
antl-monopn who think tint If t o
contest ivMd ba kept up till the last
day I A'CBslon Nebraska would
ba sure" C * railroad legislation
This plan v 3fy . * rather straining
upon the cons * vt , ' if the ovoraae
politician and nn > , * nunsidorcd a
scheme in the Intotv the hash
houao keepers c f the cap. * l.
aOllDLEI ) TIIK JOB
It is understood nnd gjnerally con
ceded that The State Journal com
pany has just swallowed up the now
printing cscmpany known a * The Trib
une Printing Company tf Lincoln.
By this move , if it is no , they have
agiln Boctirod the printing for the
S.atu of Nebraska.
TIIK CAT ! OUT OF THE 1110.
The other day I informed you of a
CMC of privilege to which Butler , of
I'.wno ? , hns rioan and in which ho
stated that the reference to hi ? strictures
turos upon the manner in which the
printiug was d-jno ho hud been
adviud by H.-.thaway ( of the
I' urnal ) to ba pitlcnt , linco if
ho present contractors failed to
'o ' their duty , ho did not know of any
jrintii g fstiib'ishmnnt ' in the city that
iiiuUl do it. The Journal could not.
JulUr addud that till then ho did not
enow that the Journal company waa
doing the printing aa in the past. Yes-
err.ay the f blowing appeared in the
Da \ \ Now.i' f this cUy. It shows the
methods adopted by aomo parties hero ,
when their objects canno. , bo fairly so-
cured.
LINCOLN. Neb. , Jan. 2.1,1E83.
KniTOH tSKWa : Lut week Ilutlor , lot
Pawnee , introduced a bill of luqulry for
ha purpopo ui ascertaining whether the
Tribune Printing company were able to
uifill their contract as state printer" , A
committee report A favor by. ) On Mon-
lay , the 22o" , But'pr ' bUttil ibit ho wnsnot
kware that thu .S.it .lournitl c mpany
i-uln't the o mtr.tct for the work uotil Mr.
Untlmway ( nf the Journil Co ) told him ,
as be vays , that they could not do It. Now
; ho facts nro that the Trioune compiuy
iivo soil thilr rutire establishment
, o the Journal company , nnd a portion
of the machinery and material have
il ready been moved up here , the
iilance is to be moved within a fnw wcoVp ,
irobnblv when the logisl ttura closes. Thou
u intr ct wa-i c. . tuutmrmud and trade
c'osed ' a few days before The Tribune
Company qualititd nnd prepared to go on
with the contract for the state work In nc
rnrdauce with the accepted bid The
Journal Company have f r several days
supplied help at The Tribune oatablUh-
ment to couipluto jobs in arrears , for the
state , and curled the employe ) on their
iwnpiyrol. Tlio expert committee who
austigaUd were not a success , as It they
nd longed into the mare's ne t they w mid
lave discoverer ! a "two foal" ? ua > io on that
L'he Juurnil Company were fulfilling the
conlr.to'- which Th Tribuao Company
ir.d shou'dered ' , Mr. Hathaway , us
UutlT reports , says they , uie n-
ugTho St te Journal Company prob
ably , could not do the work. Ot coursi
thut in verv natural. N t nt the bid which
secured the lob to Thu Tribune Con p my ,
out if TheT. 0. should fall in its coutract
The Journal could possibly tike the work
| if ureH | > ima basis of their original bid
And as Omtha , the ouly pine ? in the stito
) utiide of Llnco'n , whoie the work could
38 acceptably done , if ton for nwiy.
radically , for the purpose , The Journal
3as tha oppDrtunity to stop in and cut the
cheese. SASACUB
The News dnn't know the writer ' 'Sasa-
cus" nor any of hii relations , hut from the
muted letter-head upon which the above
: ammnnication is written and the Ron-
tence "moved up here , " The'News is in
clined to think that some one of The Jour
nal institution has let a cit crat of the bag
a littla before the tlma for the circus to
comme&op.
THK MAYOE CIUPPLED.
In tUe senatorial run to-day the
democrats stood as they have done
during the past two days , bnt It is ru
mored by some of the members of
that party that this is Boyd'a last day ,
not that the popular mayor of Omahn
la to shuiil ) off this mortal ooll at sun
down to-night , but that when the roll
call is soundtd on the 26th he will
.1 . fir ohort of hia original 'U , and
that to-morrow will be his last day a ;
a oonatorial candidate.
MOUSE I'ltOOEKUIKGS.
The opinion cf the sanromo courl
waa submitted to the house and reac
by the clerk , and upon motion five
hundred copies wore ordered printed
for the use of the members.
QoDBa Roll No. 12 came up or
its final passage. The bill hat
considerable merit and had II
been introduced by any othui
member in the houae il
would have paesod without opposi
tion , bat anything bearing the name
of Sessions has to come under tin
closest Bcrutiny. The bill waa defeated
by a large majority Mr. Session !
voting agtinHt the bill lor the purposi
of having it reconsidered. Subao
qnontly the vote was reconsidered anc
tbo bill recommitted to the comruittei
on jndtciar * .
lioueo Roll No. 2 , a bill for at
act to amend Chapter 07 , oompllec
statutes entitled "Pauper,1 was pu
noon Its fiual passage and by a votoc
57 to 28 was passed. The bill providei
that every poor person who shall bi
ujablo to earn H livelihood in con
BHjaenca ( f any inform' ' > y , idiocy o ;
lunacy shall bo supported by thi
father , grandfuhor , mother , Brand
mother , children , grandchildren
brothers or sisters.
II. II. No 3 , waa passed wlthou
opposition , this ia a act to trannfe
100 acres of land to the com mot
flohoool find of this stato.
Several bills ware introduced thin
morning , among them , 11. U 2li5
providing punishment for printin (
election tickets that are not exactlj
what thoyroprosont themselves to bs
No. 21C , by Mr. WhoHon , oxtondiuf
the time of W. II. B Stout , fjr build
Ing colU in the penitentiary , to 1885
No. 217 ; to protect sheep raising , pro
viding tor intpcctora to look afto :
diseased ahorp , No. 218 , oppropriat
ing 81,417.17 to the htira of John D
Simons.
U. R N j. 20 , n bill for an not log
allz ng disscctioaa , wai read u thin
time and put upon its pa ciui' ; , tin
vpto stood 57 for , 23 againat. Tat :
bill pr. > vKlca that the bodicn of an
claimed psupsra may ba taken fir dis
section , l r acionttlical , educations
and legal purposes ,
HKNATK AHmiXOON' bKKblO.V.
LI.N < OLN , January 21 On requea
of Brown , of Lincister , Brown , o
Dour > ] , mua9 crcuicd on recount o ,
severe IndiHpoaitlon.
The senate then went Into commit
tee of the whole Mr. Harris in th <
chair.
Joint resolutions and memorial ! t <
ho states of Kansas and Colorado
were read and recommended , The
nomorlals are fraternal in spirit and
ask that the legislatures of these
tatos will pass laws for the promotion
of commercial and frhndly Inter
course , and that they will especially
ivo attention to thn regulation of
rates of freights on railroads.
Another memorial to congress , ask-
ng for railroad legislation was aimi-
arly endorsed by the committee of the
wholo.
Sunato file No. 8 , "A bill for an act
o provide for the ri'i ulation of r.nd
iO prevent abutus and unjust difcrlm-
natlona by railroad corporations , "
win then taken up for cousidora-
ton ,
Brown , of Lancaster amended BOO-
Ion 4 by adding the words "not pro
hibited by law. "
Section 5 was amended by Mr.
Sjwera by striking out the word
' 'thousand" and Inserting "hundred. "
Batlur amocdrd station G by utrik-
ng put the word "thousand" and in-
erting the word "hundred. "
Harrison , of II'ill , amended rcctinn
7 by etrikiag out tlio words "threu
time * . "
Broivn , of Lancaster , amended the
naiuo section by insortlag the words
re&ioiublo" in place of "an , " and
striking out the words "equal to ten
, ior cunt , of the amount. "
On motion the cmnnrittco rose , re
ported progress , and asked leave to sit
again.
HENATK MOKNINO HEKSIOX.
LINCOLN , January 25. The prayer
cf the chaplain at the opening of the
nepslon was a singular and unique cf-
'jaion. It was right in ita petitions ,
but it was to some extent a rellvction
on the legislature , and very distinctly
apprized the Almighty that there was
a bar'l hero , against which tbo mem-
) ors had to bo guarded by nothing less
than Divine power. Instead of an
audible "Amen" the potitlon called to
the face of almost ovury tempted lamb
of the flock a broad smilo.
A bill by Mr. Harrison , to doGno in
surance comuanies , waa road for the
irst time. It proposes to make all
, fo insurancecompmlos comply with
the law of the state na to security dope -
po < i od.
Mr. Dye introduced a bill to rogu-
latu state printing.
Mr McShano'a bill to regulate the
manufacture and sale of oloumnrgorlnu
was read a lirat time Ic provi loj for
the proper branding and making of
every product of thoda'rr whun mixed
with i.ny ether oubstuucu.
Oongrtsi is again to bo memorialized
: o establish a branch mint at Omaha
Thn momurir.1 wu re.id a tirat time
and it u hoped that it will myat with
moro attention than similar patitlona
have done.
A bill was roul to provide fora
Femile Bupariutondout of the intuuo
asylum , to act with the ivmlo superin
tendent und take his place In his ab
sence ,
Tha committee on federal rotation
iiavo boon entrusted with the consid
eration of the memorial to congress ,
asking legislation to prevent pooling
and any discrimination on the part of
railroads.
House Roll No. 61 , to provide for
the payment cf members , offiora and
employes of the present session of the
legislature waa liitened to with atten
tion and interest. It wu amended tc
as to draw upon thn "general" instoac
of the "sinking" fund , and passed.
The bill to moot the incidental ez <
peneos of the present legislature wai
then road , and pissed , nith the Eon&ti
amendment of tnosonatt. requiring the
approval of several items by the
auditor and secretary of state Senators <
ators Dacb , McShano and Reynoldi
voted againrt it.
The committee on railroads reported
favorably on bill No18 , to rogulati
the giving and taking of pastes , ant
recommended that it bo printed ant
placed on tile , to bo consldernd hereafter
after in connection with bill No 54
Bill No. GO to regulate the sale o
malt and spirituous liquors , was reported
ported upon adversely.
The committee on education , In ref
ereuco to petition of Uinos ana others
in favor cf compulsory education anc
forbidding the employment of minor
under 14 years of ago in certain shops
etc. , that while there was much in thi
petition worthy of consideration ye
they thought the legislation asked foi
was Impracticable at the present time
Brown of Douglas had introduced i
bill embracing the same subjects a
the petition and it had been similarly
treated by the committee. He too )
the opportunity afforded by the report
port presented to-day to rise and defend
fend the purposes at issue. This hi
did In a clear and able speech. Hi
phowed that the character of a atati
depended not upon its commorcia
prosperity bnt upon the education r
its citizens ; that' the evils of Igao
ratico wore accumulating upon us ant
that if this luglclaturo did not aocur
the credit of action in this direction
some succeeding legislature would di
so , for this wns a question that wa
question that was forcing itself to th
front and must bo mot.
Mr. Doch followed in an oarncs
epeech , in which ho expressed sur
prlso that a motion should bo made ti
adopt a rep6rt which declared the object
joct c f the bill and petition Impraoti
cable.
Brown , of Clay , moved that th
report bo recommitted.
The amendment was adopted by th
move * of the resolution. j
Mr. Schoonheit'defondod the actioi
of the committee , on the ground tin
while compulsory education might d
in the cities , it would work great in
justice to the larger portion of ou
paopjo in the country. Ho thought i
wns going too far in advance of th
tiinoi to prohibit our children fron
workiiiK in factories. There were no
faster lea enough in the cUte to give
child between 7 and 14 , the conHUtnp
tion , oven if ho swallowed them
[ Ltu htor ]
The motion to recommit waa c
riod.
Louito
.Special Dkpatch to Tin lim.
GiuiUKHTO.v , S. 0. , January 25.-
H. M. S. Dlcdo sailed for Bermud
this morning , boarlu the Prliicoe
Loulio.
THE NATIONAL CAPITAL.
The Naval Appropriation Bill
PatcM and Passed by
tbo House ,
Snyopsie of tbo IVToet Important -
ant ProvlsiouB of tbo Bill.
Scmroh Fur thi Proceed * of Reel
Cloud's OouOsoivtod Poult i.
CoDgroEBioiml Kulogloa on tuo Line
Senator HID.
THE NAVtf.
Special DlapnUh to Till lir.i.
TEXT OF THE DILL PASSED BV TIIK HOUbK
WAHHINOTON , January 25 The
naval appropriation bill as it passed
the house , change B tbo title of the
jrado of midshipman to that cf tin-
sign , nnd master to lieutenant , and
provides that the present midshipmen
and masters ehall constitute the junior
; rado of ensign and junior pr.ido of
lieutenants. In pay corps there a hull
bo no moro original appohitmorte ,
promotions may bo mule acojtdlng to
existing regulations from these ro
malnlug in the oorpo. Ofh'cors in line
shall bo detailed to perform the duties
of paymasters , but inch c ill corn ahall
not bo entitled to increased compensa
tion therefor. Examination cf olliccrs
for promotion shall ba conducted in
writing. On the subject of promotion
the bill contains the tollowlug proviso :
' 'That hereafter all vacancies which
shall occur in the various grades of
line or staff shall bo filled by promo-
thn as follows ; For each two vacan-
there shall bo ono promotion in each
of the loivor grades until such grade
shall bj reduced below the number
Used by the provisions of the act of
.Vugiint 5li , 1882 , The grade cf com
modore Is abolished , but the present
commodora shall not bo disturbed
thereby. Promotions to the rank of
roar admiral shall bo made from com
modore and captain. Allcflhora shall
bo credited witn actual tltnn curbed as
QborBor enlisted men in the regular
or volunteer army or navy , or both ,
and shall receive all benefits of such
actual service in all respects in
the eamo manner aa if all nild
aervlcu had boon continuous , mid
provided nothing in this clause slml !
be BO construed as to authorizj any
change of dates in commiaaioun or in
the relative rank of such ofli.-era. Tha
president is authorized , to appoint a
board of fill jura to Inquire mid report
to con reBn which government navy
yard ia boat adapted for the establish
ment of a foundry for the manufac
ture of ai my and navy ordnauco. The
bill also provides that no part of the
sum appropriated for the bureau oi
oonntraction and repair shall bo ap
plied to repairs of any wooden ship
when the estimated ooat of such ru
pairs shall exceed SO per cent of the
estimated coat cf a now ship of the
same BIZO and like material. Tlu
clauses of the bill for building doubh
turreted mpnitors and oruisen , eta.
worn incorporated la the dlspatchei
Wednesday. v , v.
The bill providei that the appoint
ment of naval cadets shall ba made bj
the academy board of the naval acad
emy In the order of merit , upon such
tests as shall bo determined by sale
board. Hereafter no oilicer of thi
navy shall ba employed on any shari
duty unless the secretary of the nav ;
shall determine the appointment o
the officer is required by public inter
oats. The last item cf general Irgis
latlon In the bill Is the following
' 'Any p.ay director , pay Inspector
paymaster , past assistant paymaster
paymaster1 ! * clerk , or ether ofliour 01
person who shall purchase or pay fo
any stores , supplies , or any proport ;
whatever , for the ueo of , or ou ao
count of the navy , naval vessel , 01
bureau , and who shall bo ollerec
any discount on the prio thereof fo
cash or as an inducement for the pur
chase thereof , or for any ether reason
whatever , shall account therefor au <
charge himself therewith in the settle
mnnt of his account ; if any duel
ofihor or person ohall wilfully fall t <
so do or shall accept any present o
gratuity of any kind or value , whatever
over , on account of or by reason o
any purchase or payment made b ;
him , as aforesaid , shall , on conviotioi
thereof , bo dismissed from tWk aervic
and Imprisoned not less than ono no
moro than 10 years , and fined not lea
than $100 nor moro than $1,000.
CAPZTAIj NOTES
Special Dispatch to THE ! ! " .
ULOUD'H CLAIM.
January 25 , Th
claim of Hod Cloud presented to th
Indian Bureau is for ponies seize >
from Indiana and Bold by Gen. Oronk
In 1870 The amount realized , $5OOG
was to have Leon applied to the pui
chajo of cows for the benefit of th
Indians. Bud Oloud asierts this wa
not done./ Partial cearch of tl'o records
ords of the Indian bureau falls t
show any return ever made of th
money. Persons who undo the aal
will bo called upon tor an cxplana
tion.
HEAR ADMIUAL 1'KIHOE OUO.HDY ,
commanding the South Atlanti
squadron has been ordered to Chin
to command the Asiatic squadror
Oommodoro Wm. G. Temple will h
ordered to the command tf the Sent
Atlantic equadron.
A XlcpuliUoin Caucus
BpocM ! Dltpitcli 10 ln liic
WASIIINQTOW , January 21 The n
publican nonatcra hflrl a brief coi
ference this morning und will probabl
continue it at tha conclusion of th
eulogies on Siuutor Hill.
WILL nr.COMMCMIlTlU.Ilt Al'l-OINTMKNl
The deeiro ia to adopt n mode c
procoeduro which will facilitate an
expedite the notion on the pendln
tariff bill. The commerce commltto
of the senate this morning agreed t
make favorable reports on the nomliu
tion of Btarbuck for supervising tr
spooler cf steamboats , and Kotchui
s appraiser of merchandise at New
fork ,
Notwithstanding the intimation
rom several senators that thu ropub-
'ran conference this morning wns ao
riof and informal that nothing of in-
o/est tranaiired , the rumor is au-
liontlcntcd that a brief discussion < f
nrltl matters which was in some
espect decidedly animated and
fiat enough WAS disclosed
f the temper of republican members
0 Indicate tliav it may bo next to ini-
_ r8jib1n to hold them In a caucus nc-
ion. It is said that Conger directly
iittmated that ho would not vote for
lie bill upon its final ptBinga If lumber
1 retained on the free list. Allison ,
i reply took occasion to point out the
uty of individual senators in torinn
rhich drew from Login a vigorous do
se of thu righto of individual seu.v
arn to nntnln their convictions uu-
ranuuoled by party or cainus dictn-
ion.
rtclv Msr tcll to'llll 1U
SRNATi : l' CCKHINOH )
\V MIINOTOX , January i5. ! To d&y
avii . been sot apart for the nrrvlcca
i h nor c f the late Senator Hill , of
leotyu , on motion of Brown imniu-
iati ly after the reading of the journal
jmiuka eulogistic of the ilccaaecd
were bsgun.
IIOI'HK rllOOKEUIN(7H ,
WASHINOTON , Jununry 25. In the
louse the naval bill cauuuipaj a rcgu-
ar oidcr , with the pending amend-
uout recommended by the committee ,
ho first amendment providing that
ho chiefs cf bureaus olmll receive no
.dditiunul . pay , by reason cf holding
nch positions , was rejected ,
The next amendment , being that for
ho payment to Aea Weeks ot $50,000
or the use by the United fcrtateaof hia
uvcntlon in the torpedo , was agreed
, and 'ho bill was passnd.
Mr. Kelly (1'u. ( ) moved to go into a
ommittue of the whole on the tariff
illMr.
Mr. Buttorworth ( Ohloraised ) the
uootion of consideration , stating his
lUrposn was to call up the "bonded
plrits" bill , which was ou the speak-
rs tabln ,
Mr Kelley's motion was agreed to
ml thu lioiiBo at 12:20 : o'clock wont
nto a committed of the whole.
Mr , Burrows ( Mich. ) in the clmir
n the revenue blllo.
The iirat bill waa to admit free of
iuty the monument to Goonjo Wash-
Kelly objected to its consideration
nnd the objection \VJB sustained by
he houao. A similar action was tiiken
upon all bills , including that to abul
nh thu internal revenue tax on tobac
co , Biiuir , cigun and ciaruttr.a. ;
At the concluaion of Mr. Kolloy'e
epouch , which was brief , thu commit-
tco roBe , public bu'luosfl wno post-
) onod and the houao prorocded to
mlogizo the late Senator Hill. Ad-
'ourned. _ _ _ _ _
Burial cf the Burnt BcilteH-
Special ! Hsiatdi ] to Tim llvii.
WILWAUKEU , January 25. Tlio solemn
omn last ritus over the nnrocognizoc
victims of the Nowhall house disastei
occurred this forenoon. Nearly al
the business houses , sll the city anc
county departments and banks won
closed , and the chamber of commoroi
and pnstoffnn from 10 till 12 o'clock
The occasion waa generally obsorvec
as ono of deep mourning. Pursuant
to an agreement cf the clergy of al
confessions twenty-three bodies won
awarded to the Protestants and twentj
to the 0-itholics. Each victim wai
pUcod in a uoatly trimmed coflin anc
every scrap recognixsd as remains of t
human were cared for. The bodioi
assigned to thu Protestants wen
taken to the exposition building
which woa dpnacly crowded. Thi
Bervicos oxpurioncod an interruptlot
by thu explosion of a steam pipe it
ono of thogallorlca. Tha crowd madi
a rush for the exits , but wai BOOI
qulotcd. Fully ton thousand people
plo were in the building
but the stampede was not at
tended by any fatal results ,
Simultaneously with exercises at tin
exposition building the Catholics holt
services and the Protestants won
taken to Forest Homo and the Oat ho
lies to Oalvary oemotory and interrec
In common graves under impressive
ceremonies. The citizens' committoi
are busy collecting funds for monuments
monts to mark the last resting placi
of victims of the terrible disaster
The inquest In the * case is adjonrnoi
until to-morrow on account of thi
funeral ceremonies.
Tlie U F * and ths Government-
Special Dlnnatcli to Till Hit
NEW YOIIK , January 25 The Pus
says : "Too Washington diepatohc
giving notice of preparations of tin
attorney general to bef/ln suit ngalns
the Union Pacific to recover abon
$ lCOJ,000 alleged to bo duo the gov
ortnnnt on account of oarnlnga of thi
road for transportation of material fo
its own construction , deco no
Boem to affect the market pric
of Union Pacilia stock ; probabl ;
because it does not strike tin
general public aa conaiston
with the policy of the government ti
Bubaldiza rail way o and then tax th
process of construction. Wo loan
from the chairman of thu govornmon
directors of the Union Pacific railroai
company that the reports of tronbl
or discord between them and the oili
clals and directors of the company ar
without foundation. All informutloi
asked for by the government director
Is fiirnlohiid by thu company and th
government. The directors are not
actively engaged in the preparation o
their icport tor the secretary of th
inteii > r.
Tlio Patifto Roliberi-
bpoclal DlnpatUi to TIIK HKK.
SALT LAKH , January 2. ( . A cor
struction onglno on oho Djnvcr it Ki
Grantlo jumped the track and killu
the nnjjlucer and brukoman an
wounded two cithers , but nut fatally
A reward oll'ercd for the men //ho nl
tempted to rob the Central Paclli
train. There is no trace of them u
yet. It is believed tiioro oxintn a lees
organization of thieves on the wester
border of Utah ,
TOO GOOD TO LIVE ,
Tbo Proposed Board of Railroad
Oommissionnrs Killed in
Its Youtb ,
The Supreme Court Unani
mously Sit Down on the
Favorite hcheiue.
lueiFtvulhlUry FrivMnm rf tin *
Stuto OonitltulLm
Poluteil Out.
RAILROAD COMMISSION.
1'IMOX tK TUB HUrUKMBUJUllT OK NT.
1I1U8KA.
'o ' tlio IHnori' lolhc Hou9oo ( Hcircs'ntnllTr * ol
N.lmU
Wo have the honor to acknowledge
lie roculpt oi a copy of a rcujlullon
doptud by your houorablo budy on
lie 22d day the present month , whuro-
y the jurlgco of the suprumo court
vero requested to answer the iuipor-
ant quoations hereinafter stated.
Vhilo wo cheerfully comply with that
oqucut wo dcsiro in the first phco to
ity that courts or judicial ollicern , in
Ills state at least , are but seldom
ailed upon to decide or pass an oplu-
on upon imuortant legal or cimatitu-
ional ( juestiona without first having
lie benefit of argument by cense ) ,
'ho , stimulated by considerations of
rofeesiomil pride and thn pecuniary
utercsta cf their clients , have nanally
xhaustod the libraries of learning In
oarch for roaeons and precedents to
uataln their rcnpoatlvo aldca of
lie question and the theories
pen which they may bo
ustainod. And oven tnon it not un
requontly Inpprmn tint u conclusion
cached under thi BO favorable circum-
taiicos may bo reversed or materially
noditnd iftorboiig brought to the
eat of cxparicnco und th t free and
nlightcned dlecusa'on ' which the
ipintona of jutgen ) aa wollns the acts
f legtslatutcH munt- undergo in tlili
igo and country. Wo tlioinforo entoi
with diflidonco upon the examinatinii
of thcto important qucationp , which ,
BU far as wo know , arn now presentee'
'jr the firat time under our conutitu
ion and In which oxuminalion woari
without the aid of argument or dia
cusjtnn.
up the ( jue'stlonB In thn or
dcrin willed they ore presuntodbyth
resolution , the fiwt ia as follows.
First "Would railway cnimnlNslnnei
io state ciBcutlvo ollisora if created by th
logialaturt ? "
As railway cammiaaloncrB are a
present unknown to the coneti
; ution and laws of this state
wo take It for granted that th
liouiuintho wording of the ri'nolti
tion had rtf'ronco to those elller
us known to the laWa of aomo of on
sister staton. In looking into th
statutes of I ho state of Iowa for it :
stance , wo find a law making it th
duty of the governor , by and with th
advice and consent of the cxcontlv
council , to appoint throe competer
persons ( ono of whom nhall be a o'.v
engineer ) who shall constitute a boa *
of railroad commissioners , &o.t t <
The act In its several sections provide
salaries for the commlsslonora to b
paid out of the state treasury , tha
they shall hold their cfliocn a * th
sUto capital , and in muiy provision
make their duties co-cxtonsivo wltl
the limits of the state. There can b
no doubt then that were a e.imininis
ulon of this ganural charaoto
provided for by an aa
of the legislature of this atato am
such act contained the same or slmila
provlnions na these contained in th
act cf the Iowa legislature referred t <
jnnh commissioners would bo ntat
c tlhor.1. Whether they would bo stat
uxecutlvo cllhors within the moanini
of our constitution must bo deter
mined by an examination of the pro
visions ot that instrument. The firs
clause of article 2 of the constitutloi
is in the following language ;
The powers of the government of till
state are divided Into three distinct di
partments the legislature , executive an
judicial. "
Articles throe and four are devote
to the legislative department , Invcsl
ing its authority in a senate and hens
of representatives among the seven
counties of the state , it3 , &o.
Article five ia devoted to the oxccc
live department ; and provides that I
"shall consist of a governor , sorotar
of state , auditor of public account ;
treasurer , superintendent cf public il
slruction , attorney general , couunli
alone rot public lauds und buildings ,
&o.
Atliclo n'.x. is devoted to the judioi :
department.
The powers of the atatp povornmnt
being thus by the fundamental 1 *
divided into these throe distinct di
pirtmonts , it is clearly incompotor
for the legislature to crtato a core
mission and invest it with any c flhli
power without as.i ning the dutif
thereof to ono or the other of then
The powers and duties of rallroa
conimitsloncrs r.s defined by the atatul
of Iowa above referred to are it
horantly executive. Webster in di
fining thla word Bays :
"In government executive Is illsthigula
od from li'K'lnlullvo nn'l judicial leyul
the being applied to the organ or or ai
of Kovorimiont which limit o the laax , ju < !
clal to Unit which Interpret * ami appli
to the Inwj , Bill oitiisutlvo to that whii
carries tliuui Into tlliict "
Kvon were it not inhibited by oth
uHea of th'i c'jim'itution wo do ni
think that H is dtnirod cr contci
plated to i.ivojt auoh railway eor
mission with the power to make lui
or oviju to Interpret or npply thoi
but that iiuch duties would bo tu ai
in carrylii(5 ( the lawn into ill''ct. Ucu
their dntloi would ba executive , ar
if otate ollieera if paid out of the uta
trenaury and their field of duty c
oxtonuivo with thu territorial limits
tha atatet , they would be state exec
live ollicors ,
The second nuostion :
"Would such an ollice If created by t
come within the Inhibition ot
tlio 001 diltutiou ? "
Can wo think after what has boon
said above bo nnsweroct by quoting a
section of the conatitu Ion. Artlo'e ' 5 ,
after twHnty scctiann dovotcd to iho
dctftlgnithn of the r fli'ora which shall
constitute their olictioi'qualification ,
terms of ollice , duties and auUrlos ,
ooncludes with the following :
SHOTIO.V 2G. No other oiecu'lvo ' utato
D dice Ktutll lie cui'lnifil or croAled nnd the
duties iiiiwdoviilvInK up m the nlfuer-i not
pnnldod fnr by tlil < c institution ttull bo
( lerforuieil by the otliaora hotelu created.
The creation of an oxecu ivo tllioo
or thu providing f jr the election or
appoint nu'iit of an executive &uto
oflicur , not provided f jrln aaid article ,
onuld not well have been made moro
clearly inhibited
The t"o remaining questions may
be stated and nuswerod together :
Thlrd-"Wruld a Inw rrgulntlnij tha
nmim cnicut of railroads in Nibrask * un
der tlio ouinnileslonur sj trin 1m olinoxlous
to nnv provl < liii or pr IVIHJIU ! uf tlia con-
tltiittnii of tills otatt ! "
Fourth "In ymr opinion could nuch n
r.ulrmd o 'iiniil-Hi in lv l ho fwn il tlut
would bo capable of enforcement ? '
III answering thn fnm r ( piraliori
\vo Invo neon that all t- > < r.u't > e power
imist bo unfoiccd by ttio ifli urn pro
vided for by article five lu cuiialituting
the executive department und 'h\t the
powers impood nun railroad c. mmis-
sloners by the Btiluto of the binto of
lown ( 'tnd wo nrosuino the onnio tu bo
true of ether Btixtt" ) which have re
sorted to similar legislation )
are executive. Wo know of no
constitutional inhibition to the
imposition of additional executive
ponor as Buah upon any or either of
the ( .libers ojnstituting the executive
department , and wo do not thinkfit
\\iUiln the acopo of legislation to
fnvmu a law for the regalation and
management of riilroada under Iho
commlesloner system , with the above
limitations as to the personnel t f the
omiimlsnloncrB nnd within the limits
of the constitutional powcro of gov
ernment ivcr private or corporate
rlglra which would bo capable of on-
foroimant.
IlpspootfuMy Bubmittoil ,
GF.O 15. LAKH , chief jviatico ,
AHAH.V Conn ,
SAMUKL
SENATORIAL. CONTEST
Bpou l Dlejtatch to Tim UM.
LINCOLN , January 25. Two ballots
wore recorded thla morning with the
following results. These are the elev
enth and twelfth joint ballots which
have been taken.
TIIK KLKVUNTH BALLOT
was ai follows :
Saunders 14 , Stickle 8 , Cbwin 12 ,
Connor t > , OrounBo 2 , Boyd 3IJ Mil-
hrd 22 , Jlandoroon 7 , Morton 4 ,
Thaj or 15 , Weaver 1. l ko 2 , Dye
1 , Qollman 1 , Brown 1
THE TWELFTH IIALLOT
waa as follows :
Sounders 10 , Stickol 8 Oowin 12 ,
Connor 9 Orounao 2 , Boyd 31 , Millard -
lard 22 , Alanderson 7 , Morton 5 ,
Thayer 15 , Weaver 1 , Like 2. Dye 1 , .
Hollman 1 , Brown 1.
THE VO\E IN DETAIL-
HpooUl CorruiponJcnco of The Dee.
LINCOLN , January 25. Ai noon liio
senate proceeded In a body to the ball
of representatives to hold a ? oint con
vention for thn election of a U/nted
States senator.
The eleventh ballot showed the
following result ;
Kor Maiiderson UompaHner. Sowerv ,
Walker , Cor , Jensen , Uubberti , SaJelok
Knr Hnunders 15rown ( of Iiincaator ) ,
Heist , ll'lrbowrr , Oolpetr r , Drapur ( of
Knni ) , Gnw , Grlmoi' , 11. . in r , Jnhnaon ,
Miller , Pdlmer ( of DUo. ) , Palmer ( C
tinllno ) , Uoche , Wostcott--14.
For Thftver IJrnwn of ( Jl y , FJ hsr ,
Harrison , Howell , Cole , Cook of Nuckulle ,
Grlmstead. Howard , Martin , Nettleton ,
Kannoy , llusssll , Spanogle.Steever , Swear-
inccn 15. '
For Btickol ] loynold , Kicb , Berkley ,
Town , Werhan , Whllzel. YonnR-7.
Fjr Morton-Cfts , Dunpby.i Ilogera ,
Tower 4.
Vor Connor Barker. Dutlsr. Dye , Ar-
mllnRe , D 'dd ' , HavenKatcline. \ Turner.
atedwell-9.
ForCowln-Dolan.KlncaM.NorriB , Bab-
cock. Ohrlstopberion , Collliis , Dswson , .
Gordon , lUllLoe [ , Wlawnbergnid Wolph. .
For Mlllard Filloy , Harris , Schoenhelt ,
Abel ) , lirlttnu , Brown , Cnatle , Cbarlston ,
Fabllnger. Field , Crout , Gray , Morrison ,
Hav.tgp , Sefsinnc , Stcphenson , HaonMn.
bach , Tnylor , TJiompson , Walker , AVorl ,
Humphrey 22.
For Orounso Hatch , Kuonoy 2.
For llni d Blown ( of OoiigkB ) , Brown
( of Culfax ) , Canfiold , Conkllng McShnne ,
IMtorson , Sang , Thutoti , Aehhy , linrton ,
Carnaby , ClArK ( of Uouglar ) , Clark ( of
Colfxx ) . Darenport. Uenmao , Draper ( of
Owe ) J'Vanse ' , Kreoburn , ( Jriver.UIatrinK-
ton , Hclniluti , Hoebel , Hollman , lYiiril ,
I.uthoy , McG vock , Ntvllle , Nirth ,
I'uyne.'Schrocdor , Tho-nas , TuitleVatt
For LikeMcAllister , Whedau 2.
For Dye Connor 1.
For llronn Dech'l
For HollmanlUinuy 1.
A secund ballot wan taken , but the
cbuiiK"o nero unimprtant. . Clark , of
C ilfax ciiunged from Boyd to Hell
man ; Rimaoy changed from Hollman
to Blunders. Jones was absent , ox-
caecd on account of aloknosa in his
family.
At 1 o'clock the convention ad
journed to Friday noon.
Maluo
Dlspa'ch to TUB DEK.
Mo , January 25. The
judiciary committee of thn legislature
voted to report legislation inexpedient
on changing atato elections from Sep
tember to November. It will report
: i bill prohibiting the sale and use of
toy platola , also to compel the erection.
of lira escapes hi hotels and public
buildings. The committee on com-
mcrco will draft a memorial to the
general government and Massachusetts
to abolish compulsory pilotage.
A Bank
Special Ulepatcli to THE 1) ) .
\VASUINQTON , January 25 , The
Flrat National bank of Baker City ,
Oregon , has been authorized to com
mence business with a capital of.
S50.000.