THE OMAHA
TWENTIETH YEAE. OMAHA , SATURDAY MOKN3K6 , JANUARY 31 , 1801. NUMBER 224.
UNION PACIFIC VICTORY ,
Judge Bundy Denies the Book Inland's '
Apptnl for au Injunction ,
Ir
T&it TEXT OF THE JUDICIAL OPINION.
How He Hci nr < lH the Winning Ilonit
it linn lint One Maxtor , nix ! flint
Is CoimrrHH AH to tlio
Contrnuu
LINCOLN , Neb. , Jan. .TO. [ Special Telegram
to Tin : Bin. ] In the United States court
this afternoon Judge Dundy handed down
his opinion In the noted Union Pa-
clllo bridge cnso. The decision is a
Kre.it victory for the Union Pacillo nnd is
exciting considerable comment. ' As is well
known n temporary Injunction had been secured -
cured by the Hock Island to restrain the
Union Pacillo from Interfering with
.trc | iabsiigo of Hock Island cars over the
Union Pacillo bridge. The judge declared
that the motion for a temporary Injunction
Is denied and that the motion to dissolve the
restraining order Is sustained.
Following is the opinion In full :
This suit wns commenced In the slate court ,
In and for Douglas county , on December ! t ( ) ,
18'JO. The plaintiff allege * in Its bill , that it
is a corporation organized nnd existing under
the laws of the state of Wisconsin. That it
owns nnd oiwratcs lines of connccllng rail
way from IChlcago to Council BlulTs , Ia. ;
that Its Iowa road terminates near the approaches
preaches to the Union Pacific bridge , on the
Iowa side of the Missouri river ; that its line
of road hnd been extended into and through
Nebraska and was being extended westward
into other states ; that the Union Pacillo rail
road company was duly Incorporated by , anel
exists under , and by vlittio of the laws of
the United Slates ; that Its eastern terminus
is on the Iowa sldo of the Missouri
ilver , near the terminus of the
Iowa part of tbo plaintiffs line ;
that tlio defendant wns duly authorized to
build nnd operate a railroad and wagon bridge
over the Missouri river nt Omaha and Coun
cil Bluffs , which it had done , and tnnt it wns
duly authorized to levy nnd collect tolls for
the u HO of the same , both ns to wagon and
railroad bridge , and that the defendant hud
full right nnd lawful authority to permit , nnd
grant to , other railroad companies , the right
to use the brlduo , to enable them to make
connections with the Iowa and Nebraska
lines , so as to make connected continuous
lines between the several stales. It is there
alleged In the bill , that on April ! ! 0 , 1800 , the
plaintiff and defendant entered into n written
contract of which the plaintiff was to have
the right to the joint use of the bridge
over said river and about nine
or ten miles of the defendant's
road , Including that part of the sanio in Iowa
and extending into Nebraska to a point
known as South Omaha ; thnt by virtue of ,
nnd pursuant to , the said agreement , the
plaintiff hnd commenced to opera to Its trains
d run n portion f > f , them over defendant's
Id no and line of rund ns It hail a right to
do , nnd continued to do without hindrance
until Doconiucr " 'J or 110 , whcn , the defendant
through its agents and employes interposed
obstacles to Iho free use of the same , and
actually proventrd the Dlaintlll from crossing
the bridge or going upon its line of road with
plaintiff's trains. Hence tills suit.
I The plaintiff prayed for an injunction to re
strain the defendant nnd Its olllccrs from in
terfering with the plaintiff in operating its
trains on defendant's road and over its
bridge , nnd for such other rcllof , etc : , etc. A
temporary restraining order was allowed and
Issued at the tlmo of the commencement of
the suit , to remain In force until otherwise
ordered. Tills order was allowed and issued
without notice to the adverse party but a day
was fixed on which a hearing was to bo had.
But before the tlmo fixed for the hearing
Iho defendant appeared in the state court anil
filed therein a petition for removal of the
cnnso to this court for the reason thnt a fed
eral question Is Involved In the controversy ,
which Is necessary to consider to sotllo the
rights of the parties to tbo suit. On Jnn jary
2 , 1891 , the transcript of the case as it was
umdc in tno state court was duly filed In this
court , There is attached to the hill a paper
purporting to bo a copy of a contract miido
between the parties , wldch provldeel for the
joint use of the bridge nnd pleco of the road
for a period of 099 years. This paper
seems to hnvo Tieon signed by thn
'presidents ' and secretaries , and has at
tached thereto the seals of both corporations.
This contract Is very lengthy and specific ,
Bud seems to provide for almost every ques
tion that might arise and every emergency
that mlffhtoxlst during its long existence.
II this contract is n valid one , then the
plaintiff Is entitled to the use of both the
bridge and that part of the road before
described under tbo conditions Imposed , and
for the compensation named therein. But
the conditions , restrictions , limitations and
prants of rights and powers are so numerous
( hat It will serve no good purpose to quote
them here. On Jnmmrv 2 the defendant
Hied un answer to the bill In which It is ad
mitted that the president nnd secretary ol
the Union Pacific signed the said paper , pur
porting to bo a contract , nnd that the cor
porate seal Is attached thereto , nnd thnt n
portion of the directors , called the executive
committee , had approved the contract , but
denlus that any contract was lawfully made
by the defendant or by a majority of Its di
rector. ' ) , and that the so-called contract is
without , force nnd absolutely void. A replica
tion was flleel In proper tlmo and the cause
came on to bo heard.
1. On a motion to continue in force the
temporary restraining order allowed and
Issued by the state court nnd
U. To dissolve the temporary oreler so al
lowed and issued by Iho state court.
The discussion ol the several questions In
volved , or which seemed to bo Involved , take
n wMo range , and , though to some extent
ueihaps , uiiiu'cossary , were not unprolltablo
The plnlntlff claims thnt the contract wa ;
n valid and binding one : that the plnlntlf
hnd commenced to operate its trains by vlrtui
of It , nml thnt a mandatory Injunction ouglv
to bi ) Ls-sucd by this court to compel tlio "do
fondant to carry the1 contract Into effect.
Tlio defendant claims it never authorized
the making of the so called contract nnd that
it has no bl.ullng force for that reason. AnO
even i ! It hnd been made by the board of dl
rectors , or tlio defendant company , In thi
uauul and ordinary way , that It would b <
ultra vlies , and void for Unit reason. It 1 :
nlso claimed that the plaintiff has n full ado
( junto , and conmlelo remedy nt law , to recover
cover in an action for damages , such amoun
Of damages as the plaintiff may sustain 1
there li a breach of a valid contract. And I
IB fuither claimed that a court will not do
crco a specific performance of such acontr.ic
us this , even If It Is found to bo u valla nut
binding one.
1 do not feel called upon at the prcsen
time to express any opinion with rofercncuti
the binding force and validity ot the so-eullet
contract , oven admitting that It was slgnce
by the presidents and secretaries of the twi
companies under their corporate seals , am
approved by Iho executive committee of th' '
dcfonelnnt , because the defendant cxpressl'
that It Is the contract of the defend
nnt. There is nothing In this record that wll
Cimblo a court to any whether or not the con
tract Is a valid ono. Who , or how many o
the directors , or ofllccrs or stockholders con
slltuto the executive committee dooj not suJ
ilclcntlv appear. Jt cannot bo said from \vlrn
the record ellsclosos that the said cominltto
could lawfully make such a contract or orde
it to bo made , not to direct the president am
secretary to innko or approve It after it Inn
been executed. Certainly not less than
majority ot the directors of the dofondan
could lawfully make such a contract in th
nbsrnco of statutory enactment , and my al
tcntlon has not been called to any provlsio
vMch secuis in any way to nuthc
rlzo it to bo dona. This question lima
( jo settled by competent mul prope
proof before the court can bo called upon t
' ' fctnto the law that would apply to the roil
'A tract , If It was miulo with the proper nutboi
Ity of the dofcndcnt. So as to the questln
of ultin vires. It Is unnecessary tu dorld
that until it U clearly ascertained Hint th
4o/tuJant executed the contract us it uilgli
proncrly do If It hns the lawful right mul au-
thurlty to do so. It Is nlso unnecessary to
decide hero nnil now whether this Is such a
contract as n court of equity will specifically
enforce , This may i > rove to bo a very per
plexing question in the end , and without fur
ther examination I must decline to express
any opinion thercou.
Hut auppojo the contract h n valid and
binning one , in nil respect * and In every par
ticular and Hint the contract will In the end
ilccrco speclllc performance of the same ac
cording to its terms , the question then arises ,
oupht the temporary restraining order to
unvu boon allowed by the court , nnd ought
the same to ho continued In force hero until
a hearing on the merits can bo had. The
Union Pacific operates its own trains on the
part of the roud and bridge In question ,
and a larpo number of trains pass
over the road and bridge every day
and almost every hour during the day find
night. The safety of the traveling public and
nil concerned require railroad trains to bo'
operated on schedule tlmo under tliu direc
tion of proper and competent trnln dispatch
ers. Tliis'ls Just as necessary us It Is to Imvo
proper mid competent engineers and con
ductors and others to operate the trains. It
seems to mo that no well regulated railroad
would permit n train to stnri oiit on Its line
of roud until these reasonable precautions
arc compiled with. And more especially would
this ho required when nnother ronu should
bo permitted to place Its trains on and men
over a bridge or road It did not own. It
would ho dangerous In the extreme to per
mit such a thing to bo done , especially over a
bridge nnil line of road sucii ns those under
consideration hero. So far ns the recotd
shows nothing of the sort was done hero.
There Is n clause In the contract that pro
vides for certain ofllccrs of both companies
limiting tlmo tables and schedules for run
ning trains by which both parties would bo
bound If Uio contract Is n valid and binding
one. Hut if the parties could not ngrco
upon and adopt n common tlmo table for
the commerce of both , then that fact nlono
would not authorize the lessee to po upon mid
over the road and bridge , to suit Its own con
venience as to the time and manner of run
ning Its trains. In such a case , if cither
party should refuse to agree upon and adopt
n proper schedule or running time for trains ,
a court of equity In the exercise of its proper
functions would most likely iliidsomo reason-
nbloplnnto correct or supply the omission.
That Is , If no other or further obstacles
should exist , which might make it Improper
for a court to interfere. If I am right In
this , then manifestly , It would bo Improper
to direct the restraining order horetoloro
issued to remain in force. It would follow ,
too , ns u necessary consequence thnt the re
straining order heretofore ultowcd nnO issued
by the state court , ought , to bo dissolved ,
which is done.
The order of the court is , that the motion
to continue in force the temporary order is
denied , and the motion to dissolve the said
order is sustained.
Another question of ercat moment and for
reaching In Us consequences was ably pre
sented by both sides in arguments most
elaborate , and though possibly unneces
sary to consider , it can not bo otherwise
than proper to do so. More especially as it
was claimed in the agreement , that the
plaintiff has the right to use the bridge and
approaches independent of the contract on
which the plamtllT mainly rollcs for the re
lief hero sought. This question is to mo ex
tremely interesting , and I approach the con
sideration of it , not with tlio absolute cer
tainty ot being right , hut with the certainly
of Its appearing so , nt the "present time. I
know perfectly well that I differ , to some ex
tent , with some of the great lawyers and
Judges of the present day with reference to
tno character of the Union Pacific railway ,
Uut the views I entertain were formed utter
most mature consideration mid after the
fullest reflection , and I huvo neither seen nor
heard anything for years that has tended to
shiiko the eonfldonco in the correctness of the
Judgment J had long years ago formed. I
have ninny u tlmo found It necessary to
examine and sometimes to cor.struo the sev
eral -which'spokc the road into existence
and which breathed life and vitality into it.
I saw the road commenced. I watched its
steady progress , and finally witnessed Its
completion , which was the most stu
pendous railroad enterprise the world
had over beheld. The government
not only authorized the building of it , but it
aided and assisted , and from time to time ,
and from the very beginning , it was mainly
for its own purposes that the reid was char
tered. Every act of congress on the subject
and every proclamation issued by the presi
dent , pursuant to law , which relates to the
roud , seems to recognize and treat it ns a
great national highway , created , aided , as-
sisied and fostered by the general govern
ment for governmental purposes. The im
press of the government is indelibly stamped
upon it , there forever to remain , unless con
gress , in the exercise of Its undoubted au
thority , shall otherwise order and direct. No
other legislative power can law-
fullv Impose conditions on this road
without the consent of congress. It owes nc
direct nlleglanco , so to speak , to two or more
sovereignties , each professing to bo supreme
in its own proper sphere mid where each
might bo constantly striving for the mastery.
It is the creature of the government 6T the
United states alone and needs no apologlos foi
its existence. The policy of 'tho government
in crcntlngfostcrlngnnd maintaining the road
was u grand unit glorious ono. It
has been , in the past , of untold
bencllt to the government and the
vast number of people Inhabiting the
region of country traversed by it. If man
aged , operated and controlled as the several
acts of congress require , then surely the
wisdom of Its creation and oxlsionco cannot
bo fairly questioned. If there could bo s
reasonable doubt of the Intention of congress
In the premises , n careful consideration ol
the legislation on the subject would remove
snch doubt. Wo find congress constantly
legislating on the subject , either passin. , newer
or changing and amending the old laws , thus
evincing a settled purpose ana determination
to absolutely reguluto and control the roai tc
suit its purposes.
It has repeatedly declared Its purpose tc
bo the creation and formation of a great na
tional route for the purpose of transporting
the mails , stores , property and troops of the
United States. The whole policy that seems
to underlie every act of concrcss on the sub
jcct Is seen in almost every section. This
policy scorns to bo to form connected , contin
nous lines of road for the purposes aforesali
wherever and whenever the government nu-
tborizcs a road or bridge to bo built.
Wo have"su ( Helen t authority for say in j
that the act of congress of 160- chartering
the Union Pacific railroad and the net of con
Kress of 18(11 ( amendatory thereof , aulhorlzltif
the railroad company to build n bridge ocros :
the Missouri river at Council Bluffs am
Omaha city , which now constitute ? a part o
the railroad proper. After repeatedly legls
latingon the subject congress again , on Fob
runrySl , 1671 , passed an act to authorize th
railroad to Issue bonds to build the sali
bridge. The title of the act expresses th
object and all of the act necessary toconslde
U as follows ;
"That for the moro perfect construction o
any railroads that are or shall bo eonstructei
to the Missouri river , at or near Counci
Bluffs , In. , ana Omaha , Nob. , the Union Pa
clllo railroad company ho , and it Is hercb ;
authorized to issue such bonds and to scour
the sumo by mortgage- the bridge and n\ \
proarhcs and appurtenances as. It may deon
needful to construct and maintain its bridge
over said river and the tracks and depots re
quired to perfect the sumo as now uulhorizoi
by law of congress , and safd bridge may bos
constructed ns to'provide for the passage o
ordinary vehicles and travel , and' said com
rainy may levy and collect tolls and charge
for the use of the same and for the use am
protection of said bridge and property. Th
Union Pacific railroad company shall bo on ;
powered , governed ami limited by the prc
visions of the act entitled 'An ncttonuthori ?
the construction of certain bridges ana t
establish them as post roads. ' Approved Jul
li.r > , 160 ( ) , so fur as the same is appllcabl
thereto ; and provided , that nothing In thl
act shall ba BO construed ns to chnngo th
eastern terminus of tin Union Pucltlo ral
road from tne place where It is now fixe
under existing laws , uor to release said Uulo
Pacific- railroad company , or Its successors
from its obligations as established by cxlb
ing laws ; provided also , that congress sha
at all times Imvo power to regulate sal
said bridge and the rates for the transiiorti
lion of freight and passengers over the sunn
and the local travel hereinbefore provide
for "
This short act contains several Importai
ICO.NTIMCU ox SKCONU
MOURNING IN WASHINGTON ,
Universal Expressions of Sorrow Over the
Death of Secretary Windom.
THE REMAINS ARRIVE FROM NEW YORK ,
They are Met by the President and
Cabinet mill Emjortcd to the
Residence Tributes of
llcspcct.
WASHINGTON , Jan. 30. The president and
the members of his cabinet assembled at the
Baltimore & Ohio station this afternoon to
receive the remains of Secretary Wlndom ,
which arrived on u special train nt1:3U. : . Ilo-
sldes them nearly all the public ofllclals In
Washington wore at the depot. When the
train arrived the casket was taken in charge
by company n of the Treasury national
guard and borne slowly to the henrse. When
all was ready the procession formed and
movca from the depot by way of Pennsyl
vania , Vermont and Massachusetts avenues
to the secretary's residence. There the bear
ers carried the remains into the house through
n , crowd of people , who reverently bared their
heads as the casket passed. The president
and all his ofllclnl family followed the remains
into the house and waited in the back parlor
while the undertaker and his associates
placed the remains In the front room and
opened the top half of the lid so ns to expose
to view the secretary's features , Mrs. Blame
remained with the president and was the only
lady present when the members of the cabi
net wen ) ushered Into the room and looked
upon the face of the distinguished
dead. When the party loft the
house the bereaved widow and daughters
entered the room and remained thcro a few
minutes. Wnllo Mrs. Wlndom was kneeling
over the casket sobbing the British minister
called at tbo house and loft a message of con
dolence , for the family.
Secretary Wlndom's deatb is especially de
plored by newspaper men. Ho was accessi
ble to them at all times. Ho believed the
public had a right to know what the execu
tive departments wore doing and never de
clined a reasonable request for information
concerning the business of the treasury.
It is expected that an order will bo issued
from the white house tomorrow canceling nil
olllclal receptions and entortainmcuts for the
remainder of the season.
The funeral will probably occur Monday.
Interment will bo in llock Creek cemetery.
Many telegrams of condolence have been
received. Among the senders wora ox-Pres
ident Hayes , Mrs. Gnrfleld , General Aliicr ,
cx-Postmnster General James , Governor Pat-
tlson , Governor Morrinin , ox-Attorney Gen
eral Macveagh , Archbishop Ireland anil Hob-
crt T. Lincoln.
Tributes of Kespoct.
WASHINGTON , Jan. 30. Immediately after
the reading of the Journal the sonata ad
journed asamaru of respect to tbo Into Secre
tary Wlndom.
iVfter a few affecting words of tribute as to
the worthy secretary of the treasury by Hop-
roscntatlvo Dunnell of Minnesota , the house ,
on motion of. McKlnloy , as a mark of respect
to the deceased , adlourncd.
The effect of the dentil of the secretary ia
clearly visible in all the departments of the
governmont'this--morninp.- the treas
ury department is the only building actually
closed , business Is practically suspended in
the others.
The president Is very deeply grieved oyor
the loss of his friend , and this morning gave
Instructions that he could see no one on busi
ness today.
General bpalding , who is acting secretary
of the treasury , ordered the department
closed for today. The flags on the executive
departments were placed at half mast and
the treasury department was draped in
mourning.
At a meeting of the bureau chiefs and
heads of departments in tno the treasury de
partment it was decided that they go in a
body to the railroad station this afternoon
and meet the body when it arrives. A com-
mltteo to draft appropriate resolutions was
appointed.
The tlmo of the funeral will depend upon
the arrival of n son who is somewhere in tbo
south , but probably it will take until Mon
day.Assistant
Assistant Secretary Nottleton , who has
boon on a visit to Obcrlln , O. , is expected to
reach hero this afternoon and he will proba
bly ho designated to act as secretary of the
treasury temporarily.
From an early hour this morning there has
been a constant stream of carriages arriving
at the family residence on Massachusetts
avenue bearing friends who called to mani
fest their affection and sympathy for the
family of the deceased.
An executive order was issued through the
secretary of state expressing sorrow nt
Windom's death and directing that all de
partments of the executive branches of the
government manifest duo respect for tno do-
ceased. The treasury department was or
dered draped in mourning for a period of
thirty days.
Kx-Scarotary Imynrd'H Eulogy.
Nr.w YOHK , Jan. 80. At a meeting of the
board ot trade and transportation this after
noon a series of highly eulogistic resolutions
wcro adopted referring to the deceased sec
retary of the treasury ns ono of the most
high-minded and prominent men the country
has produced In the last thirty years. The
resolutions review Wlndom's
Secretary pub
lic career , and In closing says thnt as secre
tary of the treasury under President
Harrison "ho labored courageously and
successfully to avert a widespread panic in n
season of threatened financial trouble. Ho
died In sneaking honest and earnest words
OL'alnst the madness of the frco coinage ol
silver under the existing financial conditions ,
He fell at his post of duty as truly as a
soldier falls on the battle Held.
Previous to the adoption of the resolutions
ex-Secretary of State Bayard , in a brlcl
speech , paid a glowing tribute to the mem
ory of the deceased. In the course of his
speech ho said : "In 1881 an occurrence o !
great importance to the country arose. The
public credit and tbo agencies that sustnlnct
It were threatened. A strong feeling ngalnsl
the banking system had been expressed.
Congress hud adjourned and those in charge
of the banking Institutions were uneasy.
Then this romarkabla proposition was made
by tlio creditors of the government to reduce
the rate of Interest on the debt duo them am
accept different terms for Us liquidation
This patient statesman and friend did mo the
honor to come to mo ns a man , I of a dlflcrenl
political party , to discuss a momentous ques
tion. Wo discussed It , and you all know how
the national credit was established , how
it was done without cost to the
government mid no liner illustration o
financiering can bo found than that of Wit-
lim Wl'idom. It was the very highest pinnacle
naclo for a man to reach. Such was one o
his services not measurable by mono'y. 'Al
heroes are not clad in tirlform , neither dc
they all full in battle. William Wlndom's
call came last night. His life had been 1m
periled in serving yon and our land , We
all loin In tbo grief for Ins loss and honoi
and respect for his memory. "
F , H , Thnrbor in seconding the resolution
eulogized Mr. Wlndom , who , ho said , pilotei ,
the financial ship of state between the Scyllu
of grangerlsm and Charvbdis of Wall stree
and perished at his post , the third sccretarj
of tlio treasury In thrcosuccessive admin
Istrntions to succumb to the active duties o
the treasury department. "Is it not abou
time that those duties were so divided anc
regulated that further sacrifices of a like nature
turo may bo avoided 1"
The president of the board of trade wll
appoint a committee of fifteen to attend th
fuucrul. The Now York Clearing House 03
oclatton has appointed n funeral committee
and adopted eulogistic resolutions.
Stnrf.edVnll BsVcot.
NKW YonK , Jan. 00. Tlid hews of the
death of Secretary Wlndom " startled Wall
trcet this morning. The only appreciable
Innnclal effect , however , was a fall in the
pnco of silver bullion , the London price de-
illnlnu from -ITJtf pence to ! ( % and Now
York declining accordingly , The death Is
coked upon by silver men tore as rcndur-
ng the passage of any silver bill this
esslon unlikely , The majority of
Inunclnrs were of the opinion
hat Mr. Wtudom's successor would un-
loubtcdly bo a man who would carry out the
lollcy of the dead secretary , which , It was
jellcvod , was In all respects In accord with
he Ideas of the president. Ttioro is much
llscusslon as to his successor , but the only
names so far mentioned are those of Senators
Allison and Spooiicr.
A I'rnphtitlu Utterance.
CmcAoo , Jan. 80. | Special Telegram to
Tun Den. ] Charles Honrotln , the well
mown banker of this city , speaking today of
ho death of Secretary Wlndom , recalled an
utterance of the deceased which seems now
prophetic.
"Two years ago , while sojournlnp for a day
n Washington , " said Mr. Hcarotln , "I paid
a social visit to Secretary Windom. On
aklng my leave I remarked : 'You ' must feel
la ppy at reoccupylng your vlciisant quarters
an d taking up your work anew. ' Ho replied ,
anylth a very grave loolt in his eyes , 'You
mrdly realize what you nro congratulating
mo upon. While thcro is if great deal of
glory In It , It means death to mo. I shall not
go out of ofllco this term alive , ' "
Adjourn ,
CHAUI.KSTON- . Vn. , Jan. SO. The West
Virginia legislature this morning adopted a
resolution ordering the flags on the capital
mlf-mastcd and adjourned until Monday out
of respect to the memory of ' Secretary Wln
dom.
dom.Toi'RKA
Toi'RKA , Ifan. , Jan. 30- Both houses oftho
Cansas legislature today adopted resolutions
of respect to the , memory of Secretary Win-
dom. Flags are half-mastod ,
AUOUSTA , Mo. , Jan. 80. The legislature
adopted resolutions of respcjct to the memory
ot Secretary Wiwlom this morning and ad-
ourncd until Monday.
Sorrow in Minnesota.
ST. PAUL , Minn. , Jan. SO T-Both branches
of the legislature adopted resolutions ex-
iresslvo of sorrow at the death of Secretary
Wlndom and then adjourned out of respect to
.ho deceased.
Governor Merrinm sent a' message of con-
dolcuco to Mrs. Windom expressing the
? riof of himself and the people of the state
egardless of party , at the untimely death of
her husband.
_
Caused n. Sensation In London.
LONDON , Jan. 80. The sudden'death of Mr.
Wlndom , secretary of the treasury of the
United States , caused a sensation In London
generally and deep sorrow among the mom-
tiers of tno American colony in this city.
Flags on the consulate buildings are at half
mast. : ,
Cll.l HLES 11 It A IH/A Vail It K.I It.
Tlio Engllah Commoner and Icon-
oulnst Passes. . Away.
LONDON , Jan. 80. Charles Bradlaugb ,
member of parliament , died this morning.
Bradlaugh was Insensible Vhcn ho died and
seemed to suiter no pain. The I in media to
causa of death was 'uremia. '
[ Charles Bradlaugh wnsjorn in the east
end of London , September 8 , 1833. At an
early ago ho was a Bun'dav school teacher
anacrwara ocao.jfprccr.CjUcec- .
turcr. In 1850 ho enUatca in ihe Seventh
dragoon guards and served , sonic' tlmo in Ire
land. In 1853 ho entered the ofllcc of a Lon
don solicitor , and soon began to lecture and
write on secularist subjects , adopt
ing the pseudonyn"Iconoclast. . " Ho
soon became widely known hnd in 18(18 (
began his efforts to outer parliament. After
three attempts ho wns elected from North
ampton in 1860 , his colleague being Mr. La-
bouchero. Ho was active in working up
sympathy for Franco ia 187(5 ( , and afterwards
travelled extensively In Spain and America ,
lecturing In several cities. His controversy
with parliament with regard to his right to
tnko or dispense with the oath of allegiance
Is still familiar to the public. Ho was finally
allowed to take his seat and took a prominent
part in debute. Mr. Bradlaugh was the
acknowledged leader of the secularists and
headed the agitation against perpetual pen
sions. ]
A OenoroitH Employer.
ELKHAIIT , Ind. , Jan. 30. Whllo the annual
reception to the employes of ponn's musical
Instrument factory was in progress last night
fire broke out in an adjoining building and a
panic wns narrowly averted by the coolness
of the managers. As it was two persons
were hurt. M.Corta hns declared
his intention of dividing next year's
profits with bis employes , giving them 72 per
cent , to bo apportioned mnontj the different
classes , and retaining 28 per cent himself.
DpHtitution Among Kinsas Farmers.
KINSAS CmMo. . , Jan. 80 , W. H. Shrimp
of Laird township , Kansas , was in the city
today soliciting aid for the 'destitute farmers
of his county. Ho says the people of tlio
township are In a deplorably poor condition.
the crops having failed for thrco seasons , and
many or them have neither clothing , food nor
fuel.
The IIurliiiKton't. i'oor Condition.
CHICAGO , Jan. itO. [ Special Telegram to
Tun Br.n.j it is prophesied that the Bur
lington statement for December will bo the
worst since the strike. President Perkins la
reported as being thoroughly aroused over
the condition of the cojnpany's nITairs and to
contemplate some sweeping changes In the
management. _
Satisfied Their Creditors.
PHILADELPHIA , Jan. 80. Barker Brothers
& Co. , who assigned a few weeks ago , will
resume business tomorrow under the flnr
name of Barker & Co. , J. C. W. Barker hav
ing been admitted to partnership. They have
effected a settlement with thejr creditors.
Tlio Dolamntcra Agrtn Arrested ,
MUADVIU-E , Pa. , Jan. 30. At the instiga
tion of F. W. Witter , a depositor , the mem
bcrs of the assigned banhliig- company ol
Delamater < fc Co. wcro agajn' ' arrested this
morning , charged with embezzlement. Thoj
gave bonds. ,
lOx-.Unyiir ; Itolilnd.
CIIICAOO , III. , Jan. 80.--T.he . snfo In tin
ofllco of ex-Mayor llocho wK&litown open to
night and ? "i,000 in cash carried off by tin
robbers. The money had bccu received aftei
banking hours.
\ Family of
DCNISON , Tox. , Jan. SO'-H-Tho family o
James Ball , consisting of eight persons , wa
poisoned this morning by eating bread madi
with cottonseed oil. AU are seriously ill.
Will .Meet U" ) Hate.
ST. Louis , Mo. , Jan. 20. The Jacksonvllli
Southern will meet the f'J.05 rate from St
Louis to Springfield made by the. Alton , ti
take effect Monday.
Ono Thousand " 1 uolnmkcrs Strike
PniLAiiui.i'HiA , Jan. ! 30.r-Ono thousand inoi
employed in Beckmond & Miles' tool manu
factory struck today tor overtime for nlgb
work.
_ _
IS Jldiiblo Trau ( ly 'Dun to Jealousy ,
lNDUNAroi.19 , Ind , , Jiln. 33 , Logan Me
Afoo , colored , killedhU wife and suicide
tonight. ' Jealousy \vafa the ciiaso.
Scotch KtrlkurH UcniirmVorU ,
GI.ASOOW , Jan. 30.- The strikers have resumed
sumod work on all roads with the uxcoptlo
of the Culcudonlmi ,
FOSTER FOR THE TREASURY ,
Political ' Ex-Gov
Prophets Select Ohio's -
ernor for the Vacant Portfolioi
M'KINLEY'S ' NAME ALSO MENTIONED ,
A Special Ilnllctln Containing Indian
Statistics Issued from the CenuuH
Onico TnrllT Talk and
JMlHCcllnneoiiH.
WASHINGTON Bunr.vn Tun OUAITA BKB ,
BIO FotWTEitXTii STIIKBT ,
WASIIINOTON , D. C. , Jan. ! 10. ]
The prediction is made late tonight that ox-
Governor Charles Foster of Ohio will bo the
ucccssor to Secretary Windom , and the fore-
ustls made In such a good quarter that It
arrles weight. Whllo Major McKlnloy's np-
lolntmcnt would bo favorably received In
ivory quarter , that of ex-Governor Foster , It
s thought , would bo better politics , viewed
rom several standpoints. Ex-Governor
'osier's great financial success , popularity
nd his friendship for President Harrison
re being urged as accessory arguments in
aver of tils selection. In the higher olllclal
irclcs Foster is the prlmo favorite tonight.
Itcprcscntntlvo William McKlnloy of Ohio
s also mentioned. The politicians nrgued
hat Inasmuch as ho will bo out of uuhllc Ufa
vlthlu less than live weeks , about the tlmo
ho appointment of a successor to Socro-
nry Wlndom should bo made , and ho
s so well versed In the tariff
aw which has just been cnhctcd and out of
vhlch many complications may grow , and Is
in acknowledged politician economist and
lunncler , It would bo the proper thing to. call
lim to this position , especially since Ohio
ins no representative In the cabinet and Mr.
VIcKinley Is In such perfect harmony with
ho president. Some of his friends immedi
ately announced that ho would not accept It
f tendered for two reasons : First , because
10 expects to run for the presidential nonii-
lation next year ; secondly , because ho
must bo had by the republican party
or the gubernatorial race this fall
n Onlo In order to wheel that state Into line
again. While nearly every prominent re-
n.bllean acknowledged the fitness of his se-
cction , opinion was about evenly divided be-
Avccn the wisdom of taking him oft the race
for governor this fall and his willingness to
accept the treasury portfolio in view of his
> olilicnl future.
Senator Spooner of Wisconsin was often
mentioned nt the capital during the afternoon
and In ofllcial circles , but the fact that Sccre-
: ary Uusk wns appointed from Wisconsin and
Senator Spooner is disinclined to enter olll
clal life when ho leaves the sennto in March
combine to take nhn out of the line of proba
bilities.
The New York men bellevo that Seorotnry
Tracy will bo transferred to the treasury do-
lartmcnt. General Tracy is an able liimn-
: ior and would innko a splendid secretary of
the treasury. He could fill with ability any
place in the cabinet. The Now Yorkers trans
fer United States Treasurer Huston of Indi
ana to the secretaryship of the navy , thus
giving tlio president's state two cabinet olll-
cors. Wide suggestion Is also inado of the
r.nmo of Colonel John C. Now of Indiana ,
consul general to London , for the secretary
of the treasury. Ho has had all the neces
sary experience in the positions of treasurer
and 'assistant'secretary of thotroanry. < .SInca
public opinion gives the first assistant secre
taryship of the treasury to Congressman
Baker of New York It Is not believed that
state will get the treasury portfolio unless
Secretory Tracy gets It by transfer.
SOUUOW AT THE CAPITAL.
Secretary Wlndom's sudden death shocked
everybody at the national capital. It was so
unexpected , so tragic. No ono outside his
immediate family seems to have expected
such n thing could have happened. Ho ap
peared the picture of robust health. Ills
rotund form and happy fnco Impressed all
who met him that ho was destined to a long
life. Ho wns sixty-four years old , yet ho did
not nppcnr fifty-four. Ho had scarcely a
gray hair , and bis face , full and round , wns
smooth , with the exception of light side
burns. His eyesight was good , his nerves
steady and his temperament always pleasant.
Thorn was a combination of humanity and
practicability about him that made him the
typical public ofllcor. It was refreshing to
meet him cfllclally. Instead of the harsh ,
brusque manner so common to men In high
position , ho was kind , considerate ami always
accessible. It was after 12 o'clock last night ,
when nearly all of Washington was asleep ,
before tbo sad news of tuo death came down
from Now York. Fo\ persons knew It till
this morning. Thcro has been little talked
of in any quarter sinco. It was a terrible )
shook to Mrs. Wlndom and the president.
By a remarkable coincidence both the secre
tary and Mrs. Wlndom were at the dinner
table till a late hour last nlghi the secretary
at the board of trade banquet atUclmonl-
co's in Now York and Mrs. vVindom
at the residence of Postmaster General and
Mrs. Wanamakor. Whllo the secretary wns
dvlng nt the banquet tiblo in Gotham , Mrs.
Windom was cheery near the side of the
president and other prominent persons
around the board in this city. The picture
was frequently drawn by the friends of tlio
dead and grief-stricken lady. When the
houses of congress met to Immediately ad
journ out of respect to the late secretary
there was but one topic of conversation. Tim
outlook for closure , the elections bill and
other important measures wcro never men
tioned , The nation's loss In the death nf
Secretary Wlndom alone was commented
upon. Not since the assassination ol
1'rosident Garfleld has thcro been such uni
versal and deep sorrow expressed , Secretary
Windom was personally known to moro men
and women In Washington than any one con
nected with the administration. During his
score of years In congress and his long ser
vice In the treasury department as It * active
head ho enjoyed a very wide range of per
sonal acquaintance. Ho gave all u patient
hearing. All who met loved him , Iltr was
so different In every way from the average
ofticoholdor. It was widely slated when lie
was called to the position by Prcsl
dent Harrison that ho was wiuitei
for his merits. It was Immutoria
what state ho came from or whether bis an
polntment wns requested by anyone , in
was considered the ideal man from naturn
Inclination nud experience for the secretary
ship of the treasury mul few questioned 01
catcd from what state ho hailed or why hi
was selected from a political point of view
To the president and members of the cabinet
who had enjoyed his ofUclal and social pros
cnco , the shock will long bo felt. Ilisplnci
In many respects can never bo filled by any
ono. Secretary Wlndom was in accord will
the administration in all its policies , was
clear and plefasant In his duties , and ivlillc
the pluco may l > o filled by ono of the ables
mon of the country there will bo a vacuum li
hourts as well as the places of Washington
TAIIII'F OOSSIl' .
Tbo Impression Is now general that tin
next congress will witness some importnn
tariff legislation , The present ronublicai
majority is fourteen , but tlio election of Sen
utors Hill , Vllas und 1'offor , with the possible
addition of low tariff men to succeed Sen
ators Fnrwoll and Moody , will cut thl
majority down to ten. If Senator I'lumb
Pettlgrow and Paddock again veto with tin
democrats the llguro is decreased to seven
making the senate stand fort/-four to forty
four. Then comes In Ilansurouch , a lev
tariff advocate , from North Dakota. Sbouli
another northwestern senator fall In line fo
a lower tariff the advocates of the lutto
policy would have sufficient strength In th
sunnto to carry out their Idcnti. It Is tnor
than likely therefore that the next congres
will see another prolonged tariff discussion
Its effects on the presidential cnrnpaicnwhlc
will follow the next regular session of coi
gross is a matter of prediction only , but th
willingness of the democrats to see an oxtr
session now grows largely out of the fae
hat thov would llko to Imvq \ jcstlon Sot-
led during the approaching t " cr ,
INDIAN STATISTIC ;
A special bulletin wns l snod evening
rom the census ofllco showing tistlrs of
ndlans , from which It nppt ' .hat No
miskn has a total of 3,751 Indl.il follows :
Omaha and Wlnnobago agency , , iii3 ; Sun too
igenoy , l , ! 78. The crnud total of Indians
[ rawing rations in Nobn.ska Is lift , an nppar-
) iit liicren.se of ! IS Klnco IbSU. Iowa has ! I'J7 ' , ness
oss of 12 during the past year. South 'la-
tota has Ut.OtiS Indians , of whom l',271 ' uro
nales nml 11,7117 females. To South Unliota
ndlans 12VS-'t rations arc Issued , an apparent
lucrcasa of 2.358 since ISb'J ' , actual Uueivaso
J33. The Indian population at the
nrlous agencies in South Dakota
s as follows : Cheyenne Hlver , 3.S2H ;
Jrow Creole and Lower Ilrulo , 2.0SI ; I'ino
Jldgo. Sr. , ; i ; Vnnkton , l.r.Ti ; Uosobud , 5,381 ;
3lsseton , tr > ' . " . There hus been a decrease
ofS.ld'Jat the Roubud agency during the
wt year , which the census omco says is un-
loubtcdly the result of over counting or
nero estimates in prior years , nud that the
ictunl decrease is about llfty , making the en-
Ire apparent decrease In South Dakota
aboutajr.
MICCTI.J.Nr.Offi. .
The senate committee on military affairs
oday Instructed Senator Mandorson to ro-
iort favorably the bill donating UK ) acres In
ho Fort D. A. Uuisell military reservation
near Choycnne , Wyo. , to the state of Wyo-
nlng for fair and agricultural society pur-
loses.
The Manderson bill appropriating $15,000
vlth which to explore Alaska and fjurvoy
hat country has been favorably reported
rom the committee. It Is very probable that
should this bill hccomo n law Captain P. II.
{ ay of General Brooke's ' staff will bo put in
command of the expedition. Ho explored
Alaska to Point Harrow and made a valuable
oport.
Mrs , Charles Linderman of Clarlnda , In. ,
s quito 111 with erysipelas at Willnrd's. She
s accompanied by bur husband and daugh-
or. The latter | rt of next week they will
eavc for their homo vt.i Muncie , Ind. , where
hey will remain several days.
Samuel Kedstono and wlfb of DCS Monies ,
In , , ami J. A. Flndlny of I'ino Uidge , S , D. ,
are nt Willnrd's.
John B. Furay , Jr. , of Omaha is at the St.
James ,
Allan Dnwson of DCS Molnos and James
Jodd of Dubuque , Ia. , are nttho Johnson.
Hiram H. Thomas has been appointed post-
nastcr at Sw cctwator , Buffalo county , Neb.
A pension has been granted to Bernard
Clrnan of O'Neill ' , Neb.
Koprcscntntlve-clcct Bryan will remain
icro until the first o'f next week , looking
after an appropriation of $ $ ,000 to pay for
laving the streets In front of the government
jullding nt Lincoln.
Dr. Cyrus Pickctt has been appointed n
ncinbcr of the pension examining board nt
Broken Bow , Nub.
Iowa postmasters wcro appointed today tis
bllows : Flnchford , Hlackhuwk county , F.
lowers , vicoA. . A. Briggs , resigned ; Tus-
cee'ga , Decatur cout.ty , A. V. CkHsoin , vice
W. Hudson. Pciwv S. Ilium.
Nebraska and lou'u
WASIIINOTON , Jon. 30. [ Special Telegram
o Tun Bin. : ] Pensions wcro granted today
o the following Nobmskans. Original -
Luwis E. Hayden , Curtis ; Ilnrvev H. Htch-
nrds , Fremont ; Martin V. Lane , Silver Creels ;
i'homas Munn , Talmago ; Jacob Gostclo ,
Ccarnoy ; George ESSLT , St. Peters ;
fames P. Fowler , Uannebrog ; Ezra P.
ozey , Ncpaneo ; Henry Kowe , Sterling ;
Solomon Ditzell , Peru. Increase Lyinnn J.
Davis , Elgin ; John A. Mark , Bollwood :
August Knolle , Grand Island. Keissuo and
ncreaso Isaiah S. Deal , Hed Cloud ; William
H. Tucker , Pawnee City. Original widow's ,
etc. Stephen , father of William Spcaltinan ,
jyons.
Iowa : Original Charles \V. Cnlahnn ,
2artou ; John P. Sticn , Hock Hnplds ; Levy
Abbott , Thnyer ; John Bohn , Iconlum ; Walter
3 * .Goodhuo , Lisbon ; George Wintz , Hites-
vlllo ; Joseph W. Rich , VInton ; Charles E ,
Baker. Clinton ; 1) . W. Vanderveor , Ottum wn ;
Morton M. Chontc , Mnrslinlltown ; Charles
2. Palmer , Oilman ; Jaco B. Kennedy ,
jrrccncnstlo ; Chester B. Banford , Musca-
: lno ; Milton Winter-straw , Marquette ; James
LJ. Bcebolt , Atlantic ; Frederick McClout ,
Olive ; Albert Smith , Sioux City. Increase
John Friti ! , Hnrlan ; William D , Nelson ,
i'yngley : Nicholas Bonuct , Burlington ;
Alex. Plerco JShcldnhf ; Patrick Tirnov ,
illns Patrick Dunn , Murshalltown : Wil-
iam .1. Criiinmand , Bnnlon ; Samuel
B. From. Shelby ; Walter Lee , Slgotir-
loy ; William Dines , Dennis ; Turner
Wheatly , Hlllsburg ; Elijah Ilogue ,
West Liberty ; Wilder Week , Mattocks ,
Reissue llufus A. Deimct , deceased ,
jcuoa. Hcissuo and Increase Nicholas
Bouquet. Burlington. Original widows , ott1.
Wiltiolminn , widow of Frederick Amblino ,
Glkport ; Elizabeth E. , widow of Horace
Judsou , Frederick.
Gnncrnl Ilronke'H Territory Extended.
WASHINGTON , Jan. 30. The secretary of
war has Issued an order transferring the
military control of South Dakota from the de-
[ lartmcnt of Dakota , under command of
[ irlgadlcr General linger , to the department
of the Plattc , under command of Brigadier
jenernl Brooke. Tlio reason for this is that
Joncral Brooko's troops nro within easier
call of the Rosebud and Pine Uldgo agencies ,
Ordered OfT the Strip.
Jan. 30. The secretary of
the interior has Issued orders directing that
all persons not having proper authority ho
prevented from cntcrlnir the Cherokee strip
an any pretext whatever.
THK AlMl HUH' TJ-STEI > .
SatlHfaotoi-y Krsiiltn Obtained at tbo
FirM 'I rial.
CHICAGO , III. , Jan , ! ! 0. The air ship in
vented by William Ponnington of Mount
Cnrmol , 111. , was tried again today , and to nil
appearances It was demonstrated that a craft
has at last been Invented that permits feats
of norinl navigation never before accom
plished propelling and stceirlng , The ship
tested today Is only a thirty-foot model , made
of oiled silk , mm tiio practicability of using
aluminum , which is to bo the material of
which full size ships nro to bo built , 1ms
still to bo shown. The car which
Is to carry passengers was not attached
today , and the ship , which cigar-shaped
nud filled with hydrogen gas , floated In the
air and was propelled by a wheel Hue that of
a propeller , the motive power coming from
storage batteries on the floor attached by a
light wire , rudders being sot nt different
angle's. The ship traveled in a satisfactory
manner around the Interior of the exposition
building. The speed attained was not great ,
but the inventor it ) sanguine of much bettor
results with a satisfactory battery.
Ttiron Murderers Identified.
CHICAGO , Jan. ill ) , The trio of toughs
Feathorstono , Bennett and Corbe'tt awaiting
trial for a daring attempt to rob the Soutl ;
Chicago MorcUmts1 bank , were today founO
to bo Implicated in the murder of Mlchno'
Brozcll at Uesplnlncs some tlmo ago. The
old man was killed 'in hU own yard am
robbed of several hundred dollars. Two mer
huvo identified the prisoncra us Uio men seen
in the vicinity of JUw.ell's ' house that night
and overheard them plotting In u saloon ,
Tlic Wcntliur FurmmHt.
For Omaha and Vicinity Snow or rain
slightly wanner.
For Nebraska Haln or snow ; southerly
shifting to northwesterly winds ; much coldoi
by Sunday moriiint' , with cold wave in cast
ern portion.
For Iowa and South Dakota Tureutonlnf
weather and snow ; variable winds , hhlftlni
to northerly ; cold wave.
Wrroknil by a .Minpln ! oil
KANSAS CITV , Mo. , Jan. 3J.-A freight troll
on the Wyandotte ft Northwestern win
wrecked byu misplaced switch today and tin
engineer and fireman injured. John Arokun
n stockman from Donovan , Kan. , wro wns i
bUfTcrcr from heart disease , died of fright.
'R01IIB1TION ' HOPES BLASTED ,
The Bill Providing for n Recount of th (
Ballots Indefinitely Postponed )
ELIEF FOR THE DROUTH SUFFERERS ,
ho MfitMirn Appropriating $ IOOOOO
I'nHMcn the HOIIHI : by a Unaiiiiiioiis
Vote I'rocceiHiiijs of I-'rl-
day'ti ScN
LINCOLN , Nob. , Jan. no. [ Special to Tun
li'.n.l The motion to Indefinitely poitpono
Vnldron's bill providing for a recount of the
oloi east for and against the prohibitory
tncndinent In the Into election was mule ; by
Mr. Slovens of Furnas. Doth Wuldrou nml
Stevens nro pronounced prohibitionists. It
coins that Stevens did not know that the bill
nid been Introduced by Ills confrere , nnil
van not apprised of the fact until after the
entlment In favor of the motion had spread
vcr tlio house nml caused n buzz of oxcito-
neiil which had cot been experienced for
overal days.
Widdron did not discover thnt his friend
md taken steps to knock out his pet measure-
mill it was too late for the gentleman from
" "uriuis to retrace his steps.
The. motion prevailed as clsowhero rc-
cor.lcd.
Mr. Stevens was asked why ho had moved
or the indeltnlte postponement , and said that
10 did not know that the munsuro
ind originated with Mr. Wnldrou. If
10 had , ho certainly would Imvo
rented thn bill with n lltllo moro eonsulera-
ton. llu was under the Impression that the
> 111 had been Introduced by somebody on the
itbcrsidoof the house , and that It had been
brought In to cause delay and Incur needless
xpcnso. For his own purl , though a prohl-
litlontst , ho felt n recount of the vote in
luostion would do no good. Tlio people had
iiro.uly voted on tbo subject , nud a majority
> f them had declared against prohibition.
That majority , ho hold , was pronounced oven
f the vote of Douglas county should bo
brown out. With this belief , lie could not
onselontlously vote for a recount , which
vould result in nothing save what was now
cnown.
Mr. Stevens soul there were thrco other
iroldbitionlsta In the sanio row with him
mnioly , Stevens of Flllmoro , Gunnott of
York and MeCntchin ot Boone , who felt ns
HI did and were prohibitionists all the sumo ,
i'ho twelve votes opposed to the motion In no
nannor represented the prohibitionists oftho
louse.
Tb" llrlh-r Ulll PasHcs t'i < - IloiiHC.
LINCOLN , Neb. , Jan. DO. [ Special to Tim
JHK. ] On motion ot Shruder the hoima wont
nto committee of the whole , with Taylor of
lohnson In the chair , to consider tlio concur-
cnl resolution fixing thu tlmo for hearing'
the contested election cases for governor and
other executive olllccs.
Whtto said that , before ho would vote to fix
he date for the contest cases ho would llko
to know something of the rules thnt wcro to
govern this Joint convention.
Chairman Taylor thought this matter could
tot properly bu considered in this connection.
The resolution was reported buck w th the
recommendation "that it do pass. "
Tlio committee then took up house roll 81 ,
: ho bill introduced by Church Howe to issue
100,000 in bonds and use the proceeds of the
same for the henotlt of the western sufferers.
Howe moved to reduce the Interest from
44 * per cent to4 percent. Carried.
On motion of MclCesson tlio name ot
Speaker Elder was added to the commlsidon
in place of ox-Goveirnor Thnyer , resigned ,
and the bill reported back for passage.
Tbo co'nmltteo "also had under considera
tion house roll . by Howe , Increasing the
icnnltles for se'lllng mortgaged property ,
nuking the minimum line $100 and the im
prisonment not less than ono year.
Cornish ( rep ) opposed the bill. Ho thought
Iho penalty should oo loft to the discretion of
tlio court , as pi-ovldeel by the present law.
An amendment to the bill proposed by
Howe exempted the operations of the law
from any mortgngo given to secure a loan
at usurious Interest.
Howe said this was the principal chnngo
from the present law , mid .said thu bill was
Intended to protect the unlortunato farmers
and small dealers from the "chattel mort
gage llend. "
Sherman ( Ind. ) of Saline thought Ilowo'a
bill wns intended to nncourngo crime.
Slovens ( hid. ) of Furnas said queer com
plications were developing , and called atten
tion to the fact that Howe had been in the
legislature many years and no such bill had
been Introduced. Ho was suspicious of
deathbed repentnnco.
White of Cnss moved to amend the tltlo of
the bill as follows : "An act to prevent the
commission of a crime In case of violation of
the law. " ( Laughter. ]
Fclkcr of Douglas said he hnd n bill some
what similar to Howe's , and thought that the
best way to reach usury was to muko all
such contracts void , as provided by this
measure ,
Nowborry ( Ind ) discussed the bill from the
standpoint of common honesty , and could &oo
no relief for the poor man In such a law. Ho
said that a bill would be brought up on their
sldo which would "lay the axe at the root of
the tree. "
Cornish made further remarks against the
bill , and declared ho was a borrower of
nioiicv himself , . and opposed the measure
from that standpoint.
Shrador favored the bill , with certain
amendments proposed by thu gentleman from
Nemaha.
After amending the bill , fixing the penalty
thu sanio as in existing lawn , Urn committee
arose and recommended Iho bill back for
passage.
The concurrent resolution fixing February
IT as the day for hearing the contest cases
was ordered engrossed.
The relief bill appropriating $100,000 for
the western sufferers was taken up und put
nn final passage.
AFTTUNOON HKSSION.
Bills on second rending were taken un.
Slovens of Furnas moved to imlelinltoly
postpone the bill introduced by Waldron
providing for a recount of the votes cast on
the prohibitory amendment.
Moilit ) ( ind. ) nnil Sodcnnun ( ind. ) de
manded a roll call.
In explaining his vote Sodcrman said this
was this was thu greatest question before the
American people and would therefore vote
"no. "
Modlo endeavored to jvlthdmw the demand
for Iho roll call , but. Howe objected.
The vote on the question of Indefinite post
ponement resulted as follows ! Ayus 81 ,
nays li ! ,
Tlio o voting In the negative were Arnold ,
Henry , Modlo , Mullen , Koliaii , Scott , Sodor-
man , Toylor of llutlor , Willlirim of Frank
lin , Speaker Kluer , all Independents , and
Hf.ith and Williams of Ciago , republicans.
The committed on privileges and elections
reported In favor of the passage of Iho Aus-
Irsillan ballot bill , Introduced lulu tliu house
by Mr. Porter ( Ind. J , of Mcrrlulc.
The Insurance committee reported back the
bill Introduced by Watson to prevent robntos
and discrimination In lifo Insurance , und rec
ommended Unit "It < lo pass. "
The concuiTfint resolution fixing the tlmo
for hearing the contest cases was taken up
ami put on lllinl passage. AyosTI , nays 18.
The negative vote's were ) IN follows : Aincs ,
Hcrtnuid , Hreon , Brcnnan , Decker , Ford ,
Gardner , Gordcs , Hull , Huso , Johnson ,
Lamp , liltchlo , Schlotfeldt , Sovcrln ( rep. )
hhlploy , Shryoclc and White.
- Tliu house nlso passed the following :
A bill bv Howe providing for the Issue of
fllio.uoo In I per cent bonds to run flvo years ,
the proceeds to bo used in relieving the
neciusltlos of Iho drouth stricken sufferers
and for purchasing soeij 87 to B.
A bill by Waldron appropriating the sum.
of $7.,000 , for the payment of the salaries
and oxponscH of members and employes ot
thu legislature.
Thu ( male.
LINCOLN , Nob. , Jan , y9. | Spoclal to Tim
Hii : . ] The seiwto began business by listenIng -
Ing to the rca'llng of two Invitations to uco
