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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 5, 1891)
THE QAIAHA DAILY BJflJ THTJBSPA.Y , FEBRUARY" 5 , 1MH. _ gccondCnK tlio previous question and once inoro ttio roll cull proceeded , The previous question wns ordered nyoa , W , nnys , 45. Modlo demanded a call of tlio house , which , being objected to by Watson , was ruled out of order by the speaker. Shrnder moved to Itxy the resolution on the table , but Watson maintained thnt the mo tion was out of order , pending the previous question , nnd read the rules sustaining his position. Tlio speaker sustained the point. Kruso thrn arose to n point of order nnd de manded n call of tlio house. White Insisted tlmt the call of the house could not bo tnndo after the previous question was ordered. The speaker overruled the point nnd de cided that the roll cnll on the resolution must proceed , [ Wild cheers from the republicans and democrats. ] ICruso endeavored to appeal from this de cision , but the clerk , having called the tmtno of "Mr. Albert" nnd received n response , the clmlr ruled that the appeal came too Into nud the roll cnll proceeded. When tlio nmtio of Mr. Gale , the mover of the resolution , was called ho arose nnd said In support of tills resolution : "I dcslro to say that Its adoption Is but nn act of courtesy to Governor Boyd tind In conformity with all the acts ot tins legisla ture and our solemn oaths to support the constitution and the laws of our state. It Coos not nppcar to mo that any one's rights nro Jeopardized In tills resolution , aud It is a filling tlmo for this body to place Itself on I'ccord on the side of law , order and Justice. "Ever ninco the work ofthis | body began not n day has passed Invhlch Jtiines 13. Boyd has not been recognized as governor , not. only by Individuals of this body , but by this house In Its organized capacity , and now It Booms to mo that ordinary her u sense should prevail nnd school boy foolishness ana mulish obstinacy no longer rule nnd ruin n body of so-called Inw makers. " ( Shouts and cheers from democrats. ] When the nntnoof Porter was called that gentleman arose- and said ho proposed to rend Borne law In explanation of his vote , which was met by n shower of objections from the ' otner Bide of the house. Uoth sides shouted defiance back nnd forth till they were hoarse. The speaker's grivcl finally produced some semblance of order , when the roll call was resumed. Scott ( itul ) claimed that the resolution was unconstitutional nnd It was the duty of every true man to vote "No. " Stevens ( tnd ) of Flllmoro had never tam pered with his honor nnd esteemed It the proudest privilege of his Ufa to vote no. [ Great cheers from the independents. ] Slovens ( Ind ) of Pumas As this Is no violation lation of the constitution nor any mandate of the supreme court 1 vote "No. " [ Derisive cries of "Good 1" from the republicans. ] The roll call on the resolution Inviting Boyd to rend his message before n Joint convention of the house ana senate had been completed. The secretary was colng over the list of ab- Bcntocs. Intense sllcnco prevailed and every eye was upon the ofllcors of the house , who , It was feared , were anything but satisfied with the call. Fifty people kept count on the latter. Suddenly tlio secretary discontinued the call of absentees nnd turned to the sneaker. Beside the latter stood the third assistant secretary. Upon him the chair depended for coaching. Up rushed Stevens ( Ind. ) of Pumas. Then a second nnd then a third until finally the speaker was concealed from view. The lat ter wns studying the constitution of the state and the manual and Stevens was scanning the resolution upon which the vote had been talfeiu In the meantime everybody In the house ascertained that the vote had gene against r the ' indflpbmlcnts , and It ticcnmo apparent that tnoy had resolved to prev " , t the an nouncing of. the same on the grounathat the resolution was in violation of the constitu tion. tion.Stevens Stevens at the chair tool : the typo-written copy of the document , nnd In a whisper to the clmlr said , referring to the joint convention referred to in It : "That's n mistake a very serious oversight" and returned to his seat. Watson ( rep ) Why don't you declare the vote , Mr. Speaker ! Stevens of Pumas ( Ind ) This resolution Is an illegal one and wo appeal to the decision of the supreme court. You who thought sc much of the supreme court a few weeks ago , why do you want to trample It under fool now ! Watson You people nro the constitutional lawyers now nnd we've educated you up to It. Everybody by this tlmo began to grow ex cited and half n doxcn members tried to gel the speaker's attention. But that dignitary Was in n stuay , with halt a dozen friend ; prompting him to decline to declare the vote , Calls were made for another reading of tlu resolution and the secretary responded t ( them , Church Howe then approached the score tary's desk nnd In insinuating nnd paclflca tory tones asuod : "Why don't you deelnn the voto. There are flfty.flvo votes cast fo : the resolution. We've all kept track. Yoi can't change the result , " The chair , after some deliberation nnd considerable siderablo prompting , nnnounced that the resolution elution was unconstitutional , nnd as such li coula not bo further considered. Watson Do yon decline to announce tin vote ? That's the question. The Speaker The chair holds that this bouso cannot iuvlto Mr. Lioyil to attend i Joint convention with the senate , over wbicl it has no control. White of Cuss -Never you mind. Wo'l tike care of thnt. All you'vo got to do Is ti declare tlio voto. This wa. greeted by cheers from tlio demo cruts and republicans and groans from Hi others. Several more demands were made for i declaration of the vote nnd a number of hide pendents moved to adjourn. "Cnll the roll , " yelled the Boyd men. "The roll call Is demanded , " snld the chair 'I rlso to a point ol order , shouted Sloven ; of Pumas. , WatsouThere can bo no question of orde or any other thing raised pending a rol call. call.Howe Howe Every man hero is Intelligent. H knows how this vote has gene , and you bnvi no right to sit there ( to the chair ) and refuse to announce the result. The Chair I do refuse to announce th voto. voto.Cries Cries for adjournment and yells of dorlslor by the Independents , and peals of laughte from the north slilu ot the chamber grcotoi th6 announcement. White You may adjourn if you so desire but I want to tell you that there nro l\rtj \ flvo people hero who will remain and run thl legislature and lot you folks take the const qucnces. Wo don't propose to bo bulldoze by you ( thu chair ) or any ono else , The Chair It would bo unparliamentary t declare n vote like tills under the clrcum stances nnd because of the unconstitutional Hy of the net. Howe -T appeal from the decision of th chair. Numerous cries of "second the ; motion greeted , this announcement. McKcssQt ) of Lancaster I am satisfied thn our chairman is a fair mun and I don't thlnl ho ought to attempt tobo unfair In order t support hU party. But bo ought Jo rcallz that bo can do only one thing now , and the Is to declare the yoto like an honest man. The Chair It bos bcuu moved that tb ucstion shall bo referred to the supreme ourt. Cries of "Nol Nol UoUcnll ! Hollcalll" 'ho last Irom the detnocrats'and Indopcnd tits. tits.Ford Ford of Douplns I have only ono word to ay , and that Is that we ought to bo fair ns uen. Wo bavo not had everything our way n our side of the house , but when I was jcaton I lay down nnd admitted It. Now you neil ( looking nt the indcpcndcnti'i have been wnten iinil should admit It like man. Mr , Pord stood In the main nlslo as ho do- Ivcrod this niviceand was greeted with cheers for his trouble. "Why don't you call the roll , Mr. Clnr'Kl" isked Howe. " 1 wnsn't.pormltted ' to finish It , " waa the answer. Up wont some more prompters to the clmlr. Watson again repeated his admonition that lothing could bo dona except to have the chair announce ) the vole , nud again demanded vhcthor or not tlio chair refused to do so. Again the chair refused and repeated that the matter would have to go to the supremu court. Watson Then I nnpeal from the decision of the chair. This was the second appeal nnd brought icarly every Hoyd tmn to his foot. Nearly mlf of tlio independents liad nlso risen , but nest of them appeared dazed and all of them scorned moro or less discouraged. They clung nninly to the hope that the resolution was , as their lenders claimed , unconstitutional. Among the leaders were Slovens of Furnas , Sorter of Morrlck , Stevens of Flllmoro and Scott of Dawsou. These literally bom barded the chair with all Kinds of notions. They hoped , soomlngly , to strlko mo which might onivblo thorn to knock out the majority , which was slowly but surely n-csslng them Into n corner whence they could not escape. The loaders of the Boyd men Howe , Wat son nnd McKesson were iis placid at nion conscious of victory could be. White , how ever , peregrinated from his seat up and down ils alloy and then to the mala nlslo with his omnipresent pencil traveling between his uoutli nnd fingers. Hy this tlmo the news of the fight had gone ibroad and the gallery was packed with excited - cited and Interested spectators. In reply to Watson's appeal from the deci sion of the chair the latter said : "Under our construction of the constitution thcro can bo no appeal. " This declaration was greeted with derisive yells and peals of laughter by the Boyd men. Scott of Unwson vocifer.itod several points of order , but they fell on the unlistonlng speaker's oars. Howe Will the clerk please ) toll bow the vote stood as far as it went I The clerk , however , anticipated the effect oven su ch nn announcement would have on the jubilant Boyd men and again evaded the question by replying : "Tho roll call was not completed. " Howe Why don't you complete It , then , Oakley of Lancaster , ( in response to a number of dilatory motions ) You know , Mr. Speaker , you can not reply to these , and you are reversing your own ruling of yester day.The The Chair I am acting under the rules and the constitution. Oakloy Can the rules and the constitution bo in error. It is preposterous. White I rise to a point of order. Under your ruling of yesterday no business could bo transacted pending u roll cnll. Now , why don't hold ? We'll hero you so now stay any v/iiy and organize ourselves. Watsou Yes , and we'll answer no roll call cither until this roll call Is mado. This determination had a most depressing effect upon the Independents. They resolved themselves into bunches of twos , threes aud half dozens and quietly'admitted that they hod been beaten. This discouraging effect was intensified by Gale of Brown , who roio in the midst of the Independent camp and said : "Tnls side has continued this fight long enough. It evi dently does not llko the vote that has boon taken. J f It persists In Impeding the progress of business nnd overthrowing the authority of the majority It Is talcing In Its hands the rope which will hang It. [ Loud cheers from tbo Boyd men ] . Stevens of Flllmore You are not the kind of a man to mid shelter on this side of the house. Ualo I nin a man who stands on his own bottom. Scott of Dawson These follows n few days ago wanted us to appeal to the supreme court Now that wo have done so this is what wo get. [ Cheers from the independents ] . Porter of Morrick I hnvo no wish to con tinue this filibustering. Wo hnvo given you n doao of your own medicine. But I'll ' agree thnt If you rescind this resolution so far ns it relates to the joint convention with the son- ute and bring in a resolution relating only to this house I'll vote with you. [ Cheers ant Inughter ] . But no , the Boyd men would not budge. Every one of them were a smllo. But the smiles had faded from their opponents. Thn chair was white In the face , expressive partly of disappointment and partly of morti fication. He was ruling to please his party , though It was not apparent that ho wns noi nUo ruling according to his own convictions. His people were deserting him. Some 1m portuned him to retire. To them It seemed the only manner in which to bring the un equal strife to a close. This move spread like wildfire , and accord ingly , lifter n short and hurried conference on the part of the independent leaden , Tayloi retired from the chair. There was sllonco of the most Impressive character In the chamber for a moment. The Boyd men saw that they had mortally wounded the loader of the opposition , but with kindly consideration for the fallen dU not glory over their own victory or his do feat. feat.Tho The next instant the tall form of youiif. Kruso of Knox appeared In front of the speaker's chair. Ho rapped the stand wltl the ivory gavel and the house came to ntteii tion. "Tho.clerk will proceed with the rol call , " snld the chair , Mr. Johnson compiled , calling the names o Smith and Wcinor , absentees , Thcro was o course no response. Ilo then added the nfllrnmtivo aud negative votes mid unnounccc thnt llJ'ty-llvo votes had been cost for the uflirumtlvo and forty votes for the negative us follows : Yeas Albert , Aldoii , Amos , Bortrand Broen , Brcnnan , Capok , Clapp , Cornish Crainu , Decker , Dunn , Faxon , Felcht Ingor , Folker , Flnmtno , Ford , Frost Gardner , Gerdes , Clifford , Gilllliin Hail , Heath , Hlnklo. Howe , Huso Johnston , Jones , Lamp , Lomnx , Math oson , McKesson , Moan , Nelson , Oakley . Olson , Pohlmnn , Pnrncll , Hltchio , Shnppcl Scholfeldt , tiovorln , Shipley , Shryoek Stemsdorff , Stewart , Vnmloventer , Waldron Watson , White. Williams of Franklin Williams of Gage , Wilson S5. Nays Arnold , Bartholomew , Carpenter Curtis , I'eckerson , Uobson , Folton , Pulton Ganlti , Ooddnrd , ( Jnnnett , Hemilch , Her man , Henry , Johnson , Krlck , Kruso , Mo Cutchon , Modlo , Mullen , Nowbcrry , Nichols Olson , Porter , Hlloy , Hohiiu , iiugglos Schelp , Shrader , Scott , Sodcrinan , Smith Btobblns , Slovens of Flllmoro , Slovens u : Furnas , Slovens of Plntto , Storms , Taylor o Butler , Taylor of Johnson , Voorhoes I'J. ' Absent and Not Voting Drodown , Me Hoynolds , Parker , Warner I , Independents Voting lu thn AfllnuaUvo- Puiin , Fnlchtlngur , Gale , Jouos , Lomux , Ol on , Punicll , Stewart , Wnldron , Williams Of 'ranlilln nnd Wilson 11 , Speaker Kldor snld ho dM not know vhethor ho had voted or not. The clmlr nnnounced the result of the vote nil the announcement wns received with u ell. ell.With With n complacent smllo Wnlson of Otoo novcd to adjourn nnd the motion prevailed , and Boyd's friends retired victorious from ho field , the light terminating nt ten minutes 0 8 o'clock. ' In the I Inline , LIXCOI.V , Neb. , Feb. ! . [ Special to Tnr. Jin. : ] The Joint committee of the two houses appointed to wait onex-GovornorTliaycr and nform him thai the legislature was ready to ecelvo any information ho inlzht doilro to mpart reported thnt they hud performed hat duty nml that Thursday. February fi , at J p. m. , was the hour ngrcecl upon for thodc- ivcry of the message. A largo number of petitions in favor of tmi- ileipnl suffrage lor women were presented. Among the bills Introduced were thy fol- owing : By Oakley Orcatlnir a state board ot par- Ions nnd describing the powers nnd duties of said board. Tlio bill provides for tlireo commissioner. ! , to bu appointed by the uov- ernor , who shall serve without salary. By nillllnn A bill entitled "An net toon- ible the board nf public lauds and buildings of tha state of Nebraska to build sewers for .ho Insane asylum , penitentiary , homo of the friendless and other state buildings , and to ippronriato funds for the same. " By Dunn Compelling railroad companies .o complete nnd put In operation tlulr lines ) f road , within four ycuw after they liavoob- .alncd the right ot way tho'rcof , and In case ) f failure so to do , tlio snul right of way shall jccomo vacated , and all rights thereunder cease. By Howe To render chattel mortgages void thnt nro tainted with usury. By Coinlsh Authorizing the constructive service ot legal process in tlio case of non resident parties mid notice by publication when required of Inquests , npprnlsumunU or sales to bo made In a weekly law journal or other newspaper , ono in iho county , two In the district If there are 110110 in tlio county , or three in tbo state where there are no such publications lu the county or district where notice 1ms to bo given. By Krlck To compel adjoining land own ers to bear equal share of the oxpouso for maintaining Hue fences. By Storms An act to require telephone companies to erect mid maintnin telephone , lnos and exchanges In cities paying for twen ty-live Instruments , and regulating the charges for the same ; aud to provide penal ties for the violation. By Bartholomew A bill lorau act for the relief of Daniel E. DecKwIth by payment to lilm of 5200 , being the amount of a reward offered by the governor aud earned by said Bcck.vlth. By Dunn A bill for an net to establish , octite , erect and maintain n hospital for the inobrlnto at Schuylor , within the state of Nebraska , and to appropriate f50,000 for the same. By John -A bill for nn act to control stock yards and regulate the charges of the same ? . ByShrador A bill for nn act declaring it to bo unlawful for any number of persons to become associated and Incorporated within the state of Nebraska , or for any foreign in corporated company to do business within the stnto whoso obj'ect shall bo to acquire or hold land If any interest therein for gain or speculative purposes , and to provide for the winding up of the business nnd the dissolv ing of all such bodies corporate now existing or doing business within the stale. By Scolt A bill for an act to repeal section 12 of chapter13 of the compiled statutes of the state of Nebraska. By Pohlman An act to provide for the wants of the poor. By Pohlnmn An net to punish vagrants. By Pohlman An act to punish the ho.ul of a family for neglecting to provide reasonable maintenance for his family. Mr. Shrader introduced the following reso lution : Whereas , There exists within the state num erous Incorporated companies wnosu soluob- juot Is tu iiciiulio and hold reul estate for gilu ; or speculative purposes merely i and Whereas , It Is against the public policy of Iho senate , to allow such companies to nold hirgo bodlen of laud , as It loads tu crouto titles In porpotulty. therefore bo It HesolvL-il. That the secretary of state bu anil hu luiroby Is ruqiitMtod. to furnish this house , with tho.least possible delay , a list of thu names or nil land companies , now existing or lining business within tlio stutu , as may appear of record In bin ollluc , together with the names of thn lucorporators. amount of authorized vupltul , nud thu principal plttcu of doing business. The resolution was agreed to. House adjourned till 4 p. in. At the afternoon session the report of the Joint committee to wait on Governor Thayer wns adopted , und Thursday , February D , nt 3 p. m. , ilxed as the tlmo for receiving the gov ernor's message. Bills on final reading were taken up. The following were passed : By Vnudoventer Requiring railroads to build catllo guards and wings at privalufarm crossings same ns public crossings. By AlcKcsson Providing that the matricu lation and doploma fees of the stale univers ity shall constitute the library fund. Bv McKesson Accepting on the part of the stale of Nebraska for the benefit of the agricultural nnd mechanical departments of the stale university of a donation from Iho United States government. By McCutchcon Repealing the bounty of 1 per cent on sugar. Miiny members explained their votes on this bill. Brcen and Brenner thought that the Indus try s'jould be encouraged until Noornslca pro ducer enough sugar for homo'consumption. - Felker ( ilem. ) thought that beets are a sure crop for the farmer , nud when you pro tect the farmer you hem the city , therefore ho voted "no. " Gale ( Ind. ) snld ho was op posed to encouraging an industry when the manager. ) could not afford to pay enough for Ihe bools to justify the farmers In pulling them , therefore ho voted "aye. " Carpenter and Hluklo did not bollevo In taxing ono industry for the support qf an other. Tbo bill passed ayes 78 , nays 10. In the Hoimte. LIXCOI.NNeb. , . , Fob.1. . [ Special to THE BKK. ] The following commlttoo reports were made : Miscellaneous subjects Kecomnicndlng the passage of Hill's senate Illu No 22 , providing for thu printing nnd distributing of ballots at tbo public expense and to regulate voting nt state and city elections. Judiciary Favoring the passage of Bock's .senate Illu No. 112 , providing for the issue of a levy of 1 mill on assessed valuation of coun- llos for tlio purpose of draining swamp lands. Saniii Recommending the passage of Mattes' sonnto file No. 8. . IcgnlUlug the Issu ing of bonds for internal Improvement in pru- cincts containing cities of the second class. Finance -Uocoininondtnir the nassago of house rolls 7U nnd 81 , appropriating $100,000 for the relief of people In the drouth visited districts , aud # 10I ,000 for the purpose of pur chasing weds for destitute farmers. Miscellaneous corporations Hcconinicnd- Ing lhat the bill providing for the weekly payment of wages bo Indefinitely postponed. Same Recommending the piusngo of Coulter's senate fllo No. IW for iho repeal of state bounty for tlu : manufacture of beet sugar. Finance , ways ana means Recommending the passage of house roll No. M ) , appropriat ing ? * riKW ( for the payment of the members and employes of the legislature . Privileges mid oluctious Recommending the passage of I'oyntor's senuto tile No. 70 , promoting the Independence of voters at pnbllo elections , on fore. I ni : the secrecy of the ballot and printing nnd distributing ballots at public oxpouso. faamn Reporting favorably upon concur rent resolution No. 0 , urovluing for the set ting of n llnio nt which to listen lo thu con- teat against stale oftlccis. Thu Joint , cnmmiltnu of the house and sen ate , through Church Howe , reported that the committee appointed to confer with cx-Oov- cmor Tlmyor with ronpoct to delivering hla messaguto the legislature had culled upon thu gentleman and been Informed by him Unit ho hud prepared mussngo In accordance with the provisions of thu coiislltitllon nud that ho is and Ims boon ready to deliver the same to the legislature * , whenever U may be disposed to luur it. Tliucommittee ) vuggestuit Unit Thursday afternoon at j o'clock bu sot for thu hearing of the meiHUgo. The following bills were road the first tlmo : Senate Illo No. Ill , by Senator Ilandall , providing that when it is necessary to am- ploy extraofllct-'ru fur the purpose of preserv ing thu peace of thu tnU > , no person nhall'bo employed who Is not n rlilcen of the stale. Thu bill also provides ugulutittho Importation of armed men lo the preservation of irdor. rills U dhwlMUKalnst the employment of Pinkcrton nud * mllar forces. Senate Hie'o. , . 112'provldlng that when now than tu U received lor Interest for ono yi > nroii SIOO the iwrioiial representative * of tlio p.iyco may recover all over and above tlio amount named. Tbo Omaha charter wns road a second tlmo and referred to the committee on municipal affairs. i. The senate Went Into committee of the whole with Senator Poyntcr lu the clmlr , mil reported recommending the passage of louse roll No. n. for the rullof of western sulTcrers. After the members bad considered house roll 81 , npproprlotlng § 100.000 for seed for leedy farmers , Senator Collins of Oago snid : hationiulhlnij had been overlooked in tlio bill , No provision had 'been made requiring ; > coplo who sought relief to show that they , voro In netunl need of the same , Neither was there anything hilt which required the county commissioners who delivered the re lief to Insist upon proof that It was needed. Senator SwlUler moved that when the committee rose It report that the bill bo recommitted for the purpose of supplying the defect. The oouimltleo also reported In favor of the passage of house roll bO , appropriating t7r , ( iOi ) for the payment of members and em ployes of the legislature. House rolls 70 and fct ) were then read a third ttmo , and passed , the members present , thirty-two In number , voting lu tlio ufllrma- live. live.Senator Senator Horn of Hamilton Introduced n resolution to tlio effect that n , committee of ono bo appointed an the part of the house to ict with a similar committee on the part of Iho senate to llx nu hour on February fi , lit which thcro would bo held n Joint convention to receive the message of ox-Covornor ! rhayor. Senator Switzler moved that the motion relating lo the so-called message of the so-cnllcd Governor Thayer bo held over until tomorrow. Senator Horn wanted the rules suspended , A seemingly close vote was followed by a call for division , when It was discovered that more than two-thirds of the house had voted for suspension. Senator Switzlor Ihon naked for the road- Injr of the resolution , which was complied with. The report of thn Joint committee was also called for ana furnished. Senator Collins moved to amend the reso lution so ns to make it read " 'ox'-Ciovornor Thayor. " Senator Switzlor moved to amend the report - port so as to Include a message from existing Governor Hoyd. Senator Mattes raised the point that It wni not possible to ninond the report of n commit tee , which could ouly bo adopied or rejected. At the suggestion of a frlond Senator Horn withdrew his resolution and moved the adop tion of the report of the Joint committee on the governor's message. Senator Switzler raised the point of order tlmt other business having intervened slnco the Introduction of the report the lattov was not now before the senate. Senator Warner of Fillmore moved the suspohsion of the rules and the consideration of the report of the joint commlttco on Thayer's message. The president annouuced tha question nnd this brought Senator Switzler to his feet. Ho said that ho was not oppscd to hearing the report of Governor Thayer. It contained , ho thought , very valuable material. The senate , however , nnd placed Itself on record und ho thought in a respectful way. The proposition came from the house to the sen ate in the matter of Oovernor Tlmyer's deliv ery of lib nunual message. That concurrent resolution wusjad pted , not n senator objectIng - Ing lo the appointment of the committee. After the senate had mot tbo committee of the house on the question of receiving the message of tbaoutgolng governor , the senate thought that thp present governor , according to law , should bo heard. There was unanim ity in tbo action of the aetmto regarding the adoption of tlio motion that the committee bo appointed in behalf of thu senate to wait upon the governor-elect or do facto , and thnt the getitlenmn'excrclnliig nnd claiming iho right to exorcise the ofilco of governor be In vited also to deliver his message. This was nearly unanimously adopted. lu win curried into tlio other pnu.so where it was sat upon. "I hold that nsrfgentlouiQii of respectability , who know their own wlll and as men who nro. ready ' to "advocate what they think'prm I > ov fllrtho way-if-procedure thnt it was a i direct affront to the senate of the state for the house in taking the action which it did.Isay regardless 'of party nnill- ations thnt it was the duty of the senate aud house to hear that message. I am of the opinion that it is not proper to sit hero nnd allow the other house to run the affairs of the state , to allow them to say the house will hnvo what it sees fit , and tbo senate must take what Is given It. I misjudge the senate if it SJubmils to such a stuto of affairs. If this report is adopted It will have the effect that the senate advocates the procedure which the house has Inaugurated , and , us members of the new parly nnd members of the republican nnd democratic purlieu I do not ucllcvo that wo'should Inaugurate a new system. Wo ought not to proceed contrary to the regularly established custom. Wo have been put back Into the proper method of procedure by the highest authority in this siato. I nm opposed lo any clement in the legislature which tries to drag us Into anything tlmt Is beyond the custom and au- ihorlly of law. This report ought to bo voted down for tbo simple reason that wo have not had from the house a respectful report of its action upon the concurrent resolution which wo sent to it. They simply shelved It. They have not oven sent it back , and let us know what they did with It. They paid no respect to it whatever. Are wo to recede from the position wo took in this matter ? Let us call for two messages and not recognize n man who for n mouth nt least has not been in tlio ofllco of governor. This report ought to be reported back to this committee with instnic- llons lo proceed in the regular way. If we adopt this report , we commit ourselves to the order of affairs which the house has rec ommended. I say tub , not because there is any special reason or dns'.i-o ' for the .message of Governor Boyd to bo put in here . by him , but I bollovo there are senators who know some of the contents of that mcssagu , unit I bollovo that they know tlmt there Is mutter in Unit mcs- sngo which this senate would bo glad to hear unanimously mid DO glad to receive. So I say , lot us take the position that wo started out lu this matter to lot the report bo laid upon the table mid ascertain what the house did with our resolution asking for a concur rent committee to wait upon Governor Boya. I think it is unwlso to adopt the motion of the senator. It will have a far moro reaching effect than bo anticipated when It was Intro duced. " Senator Collins suld that If the senate re fused to adopt the motion It would take Iho same undignified stand toward Iho ex-gov ernor of Iho slate which the house did when it went back on Its own record. If the house wished to assume an undignified attitude lot it nlso assume the responsibility for the samo. Senator Keipor thought that while the action of the house was to bo regretted ho felt thnt the Joint resolution ought to bo adoplcd. , . lt g. The motion npova'lled , only a few votes beIng - Ing distinguished In the negative. 'Adjourned umOVclocK tomorrow. VNVJIIOVH AXTEMtEUT HATEH. \ PerplexingJijphlciu for the legis lature to Holve. Ltxcortr , NobV 'Fob. 4. [ Special to Tnu BKK. ] There is no more perplexing problem before the ICKldaiAro than how to prevent the hanks frouiietwrglnK usurious rates of in terest. The platform of tha Independents Is clear and explicit In demanding relief from the "chattel mortgage fiends , " and " 2 per cent sharks , " hul Ihu members of that party are almost hopltle ly divided as to the method of reaching'1 the much desired result. Last evening tho'ihouso ' judiciary comtnit- tco gave audieixJoivox-Senator 12.1C. Brown , a loading bankorottLlneoln , who argued at length that all usury laws should bo ruuoaled and competition . would then rcgulato thu value of money. Ho urged that monuy , liku hay and grain , was worth all it would bring in the market , and held out thu Idea lhat this "f rco competition" among loan brokers would have a strong tendency to reduce the rates of interest' , and In the cud bo inueh moro effect ive than the most stringent usury laws that can bo devised. The majority of the committee were not able to agree with these views , but all efforts to unlto upon any of the numerous bills now pending were fruitless. Some of the members - bors favor forfeiting both principal and in terest to the. borrower , whllo others think bolh ought to po to the school fund , A few advocate making the loaning of money at usurious rates of Interest a felony , or at least a high misdemeanor , punishable l > y both line and Imprisonment. Tno committeu has prao tlcally agreed to let the legal rate remain at 7 and 10 per cunt for contracts. The bill finally agreed upon by the major ity of the commlttco will nulto likely provide Tor forfeiture of both principal aud Interest to the borrower , with n line equal to the priii- clpalfor the bonollt of the school fund. The introduction of thu bill will bo followed by n lirolonged discussion , nnd It Is by no mciius certain what the final outcome will bo. COST OF THE H'.tJt , Bills IncittrcU liy the Mllltl.il nml tlio I'ruposrtl Appropriations , .LINCOLN , Nob. , Fob. 4 [ Special to Tins BKE.I This afternoon there was a meeting of what Is known ns the military board of the Nebraska National guards , to audit Iho bills presented as the consequence of the guards' going to tlio front during the latu Indian war nt Pine Rlilgc. These present were General VlfquulnGen eral Colby. Mnjor Bates of Beatrice , A.A.G. . , Colpucl Brett of the First , Colonel Bills of Iho Second regiment nml Captain Wilson , brigade quartet muster , Tckatimh. Captain Hedges of Shelton was to have been present , but wns proveiitod by duath , his deimsu hav ing taken plneo Monday nlghl , No notion was Inken regarding the captain's death , but it was generally deplored. All the members present hold that It was tlio result of over work uud e-xposuro during the late cam paign. The captain's duties kept him going ilny and night yet ho norcr retired without linviiig hh reports of each day closed and per fect , The studious tr.nunor In which he > attend ed to the duties of bin ollleo was remarked by all around him , everyone of whom congratu lated hlmsulf thnt un excellent man hint been selected for a trying place. On his return with the troops ho parted from ninny of Iho boys who were going south , at Fremont , nnd almost prophetically re marked that ho full very fatigued nnd that ho was glad to get homo to rest. The rest , however - over , which came to him was that which may never bo disturbed. General Vifqunln says that the first notion which will bo taken regarding Captain Hodgels death will bo by thoofllcora of the brigade , who will bo called together before long.Tho The bills presented to tbo board aggre gated ? 40,000. They cnmo Irom two or three flrm-riii Lincoln nnd a couple of firms In Fre mont. They cover everything used oy un army In tlmo of war. Some of them are nlso from private Individuals who wore compelled to purchase articles of clothing In order lo lit themselves for the field. The blllft , however , will not bu included in the recommendation of iho board. A bill providing for an appro priation of $40.000 to liquidate the Indebted ness Incurred bv the late war bus already been Introduced In the bouso. This bill nnd the action of the board sug gests a consideration of tno appropriation which will bo asked In order to-support the national guards the next two years. The appropriation for the last two years wns $ ' 20,100 , and thnt amount was consumed in hall rent and other things the llrst year after it was available. This leaves a dollelt which must also bo provided for. Ill * thought that nn appropriation of $10,000 will bo risked from the legislature , and from this amount it la hoped tlmt enough may bo saved to repair Lho pro-sent uniform * of the force nnd supply the men with winter clothing. \\hnt IinlcpondcntH Sny , LINCOLN' , Nob. , Fob.I. . [ Special Telegram to Tun Bin. : ] After the battle tbo followers of Burrows In the house nro bowed clown with sorrow nnd disappointment over their miserable failure to prevent a formal recog nition of Governor Boyd , nnd maledictions nro being piled upon the devoted heads of the eight or nine Independents who broke away from the party caucus rind stood un for law nml ordor. The senators come in for an equal share of blame , and to all appearances the Independent party is hopelessly divided and complete disinte gration , may result before the session closes. The most bittpr feeling has taken posses sion of some of iho radicals nnd especially of Iho employes. One of them expressed the wish that when the weak-kneed fellows got homo they might bo strung up : Shrader says : "It la no use for us to fight when our boys won't stand together. " Stobbins of Buffalo I was in favor of standing by our guns and throwing this re- sponslbllily back upon Iho senate , where It belongs. Itohan When men won't stick togclhcr what can you expect of them ? ICruso says There Is no use talking ; wo were done up. After the roll call commences wo pould not honestly do anything else than complete the vote ami announce the result. Taylor might have saved it once or twice , but bo did not see the point. All the Independents , with a few exceptions , concede tonight that the gama Is up , aud business will bo resumed in tlio morning with no outward slim of the wild and disorderly proceed in trs that marked the closing hours of today's sossIon.X Ilosolvod Against Injunction. O'NviLL , Neb. , Feb. , | SpecialTelogrnm tp Tnu Bin. : ] A representative mooting was held in the court house hero tonight to discuss the action of certain citizens of this township who hnvo Instituted proceedings In court to restrain the couuly Ircasurer from paying any of the interest , or principal of the G ration township bonds voted in aid of the Pacific Short Lino. Mayor McBride presided and County Clerk Ha/Jot wns secretary. The action of the parties who brought suit was roundly ( iciiouncou in n number of speeches and the following resolutions were unan imously adopted : Whereas , Certain nominal taxpayers , in significant in number as in tlio amount of their taxes have Instituted proceedings looking lo Iho repudiation of the bonds voted in aid of the Nebraska & Western railway company ; and Whereas , Said railway company has fully complied with the conditions on which said bonds \vero volod ; therefore , bo It Ilesolved , That this mooting composed of its heaviest taxpayers and most progressive citizens of O'Neill , hereby disclaim all sym pathy with said proceedings , and denounce such action as not only dishonest , but short sighted. [ Signed ] N , MUTIN , D , A. DOYI.K , A. U. Mounts , Is. UllKNNAX , J. L. MACK , C. C. MrHuoii , Committee. A. Meritorious Claim. LIVCOLX , Neb. , Fob. 4. [ Special to Tnu BKK. ] Ono of the few clnlms before the legislature , thnt possess any real merit la the claim of Daniel A. Boekwith of Antelope county for $200 Voward offered by Ciov'crnor Thayer , for the arrest and conviction o Nicholas Foley , In Juno , 18S1I , Foley entered the residence of 1'omeroy Clurk.thrro miles south of Elgin , nt the hour of midnight and shot Clark iu the sldo , wounding him severely. Hu then went on the outside , raised a ladder to tbo chamber window and dollboraloly murdered Mrs. Clark by shooting her in the torohond. Not content with this dovillsh deed , ho stole ono of Clark's horses und rode uwny. The governor promiltl.v offered &JOO rovvard for Iho apprehension of the cold blooded vil lain nnd Mr. Bcekwlth , who was then deputy sheriff in Antulopo county , succeeded in making tbo arrest. The prisoner was identi fied by Mr. ( 'lark and a grown up dangiitor , nnd confessed his guilt , but before the Irial came off a mob look forclblu possession of the red handed villain aud strung him up lo a treo. Mr. Bocliwith was not therefore ! able to claim the reward because the prisoner had not been "convicted by duo process of law , " as required by the governor's proclamation , hencu ho comes to thu legislature for relief. This claim will moot with no opposition in the house. To llomovu County Knals. LINCOLNNeb. , . , Fob. 4. [ Special to TIIK BKC.J The liousc committee on county and township organization after a stormy session decided to report in favor of the bill repealIng - Ing the law requiring n three-fifths vote to remove a county Heat , BO thnt hereafter county seat questions will bu settled by a majority voto. voto.The committee also concluded to report o bill with & favorable recommendation , allow , ing a county lo bo divided by abaro majority , An Important Hill. LINCOLNNob. . , Fob. 4. [ Special to THE BKK. ] Ono ot iho most Important bills before fore the lealslaturo was introduced In the lower house by Mr. Schappcl of Pawnee. The bill provides that all unimproved land adjoining Improved farms or lots shall be for purposus ot taxation at the game figure as the Improved Intnl. Mr. Schnppal says thnt over thirteen thousand acroi of wild land in 1'nwneo county Is ownoel by John W. llookwnlter of Cleveland , O , , and about -1,000 acres bv Ford Lenvls of Jei- seyvllli' , 111. , and ills the object of this bill to Insure Iho nssessmeiitof nllsuch Intiil nttho snmornloas the ndlolning fiirms , bv the liu provctnent of wblcti tlie.'o wild Inids nro becoming coming moiiM-iihmbla e-ach year. The roni- inllteo on rovenuu mid taxation have this bill under consideration , nnd a fnvarnblo report on the measure Is confidently predicted" . ll ( > \vi > ' Now UNtiry Hill. LINCOLN , Neb. , Fou. 4 , ( Special to Tun BUR.Church ] Ilowo introduced another usury bill In tbo bouso this morning. The bill Is nimod nt the "chattel mortgaqo fiend" nnd to entitle anyone to foreclose a chntto [ mortgage hereafter It shall bo ess'-nthl : That some default In the condition of said mortgage shrill have occurred ; that no suit has been Insti tuted for the collection of the jlcbt secured hr the mortgage ; that sudi mort gage containing the power of snlo has been received ; that the ilubt covered by such mortgage did not couttilu usurious interest when niiido. The last clause Is the principal clmngo la the present law. Notes. LINCOLN , Neb. , Feb. . ( , _ [ Special to Titn BKB , ] Ono of the most important positions about the logMoturo Is thnl of timekeeper. Two years ago the employed came anil went very much ns they pleased , some of llieni being absent for weeks nt a time and still drawing their regular per diem from the state. This session n now leaf has been turned over , and Mr. J. C. Swartzlcy , the tlmo keeper , keeps nn eye on every employe , and unless they nro on hand at roirular hours their tlmo Is cut down. Mr. Swnrtzloy Istho right man In the right place. The resolution passed by the house , ex pressing the feelings of that body for the un timely eleatb of Soefelnry Wlncloin , was In troduced by Mr. Breon of Dougms. Hon. A. Hoberta of Butler county , who was a member of tlio famous legislature of 1S71-72 , which Impeached ox-Governor Butler , wns n house visitor today. When Iho memorial relative to the 1'nildock pure food bill came up for action in the house thcro was no question whom Sneaker Kldor stood on this Important measure. The house has fallen into the habit of holdIng - Ing committee meetings from a till , nud regular sessions from ! till 7 , and often fol lowed with oilier committee meetings liistitiK from 8 till 11. At this rnto the business in iho house will bo well out of the way bcforo the contest begins. Dr. TJIriioy cures uuturrh , Boo bldg. 1f'KSTttlJMf.'Kf.Vf ? IXTJiltJKSTS. CINCINNATI , O. , l ob.1. . [ Hpochl Tele gram to TUB BuiTomorrow's Price Current will say : The western packing has been considerably reduced the past week , although - * though 100,000 In excess of tbo corresponding period last year. Hotuuis Indicate -1-10,000 for the week against M' OOO the preceding week and : M,09i ( ) ) lust year , making a total of fUJOj.OOO since November 1 , against fi,07fi,000 n year ago. The leading places compare us follows : How to liroukUp n .Severe Cold. From the Virginia City. Mont. , Mndlso- nlati ! When wo llnd a incdlcino wo know to possess genuine merit , wo consider it a duty , nnd wn tauo pleasure in tolling the puhfio what It is. Such n medicine we found Cham berlain's Cougli Hcmcdy. By the use of this syrup wo hnvo relieved , in li few hours , se vere colds , nnd In the course of two or * three days , entirely broken them up as has several of our friends lowborn wo have recommended it. It 1s all It is represented to ho by the manufacturers. Jf you have a cough and want to slop It , Chamberlain's ' Cough Hem- edy will do tlio work. For sale by nil drug gists. _ JT.V 1 VI It IXi TIIK S Til r I' . Two Thousand JJo < nu rH Kurort e < l in tbo Cherokee I'osorvnt Inn. KANSAS CITV , Mo. , Feb. ! . A newspaper correspondent Just returned from n trip through the Cherokee strip reports having found dozens of families living in caves dug into the high banks along the streams , with a tree or bushes hiding the entrance , and many are living in caves In the open pralrio. There are at least 1,0)0 boomers occupying the choicest ijuurlur sections in the strip. d'H Ac-Id I'liospnlo For Impnirctl Vitality nnd weakened cnorey , Is wonderfully suc cessful. War nn Ohio ( ininblirH. FINDI.IV , O. , Fob.I. . [ Special Telegram toTim UKK.J The common pleas Judges of Ohio have practically agreed to suppress gambling as far as lies in their power. In pursuance of this plan .Tmlgo Johnson of this district Instructed tlio grand jury to indict all known gamblers nnd they returned twenty- live indictments on this charge Ibis morning. .ludfjo Johnson had the indicted parties ur- niigncd and lined them from $100 to ? . " > UO anil made them promise to quit the business nnd deliver up their par.iphcriuilla to the sherllt to bo doHtroyed , or eUo ho would send them to llio workhouse. All promised and a big bonJlro has been inadoof Ihonsmidsof dollars worth of. gambling I'xlurcs , Dozens of gamblers have already left the city. Are you a lover of cnampatrlie ? Do you wish a superior iirtli-lo ? Try Cook's Kxlra Dry Imperial Champagne. His line. " .Molly .Miiu u I ! ( , " llavivrcf. Rni'.NANDO.Mi , Pa. , Feb. 4. [ Special Tele gram to Tin : Hun. ] Thomas Lnvans , Inside foreman of the Hammond colliery , imd tlireo of ills ininciM , Alfred Klllc , Hiehnrd Slack , sr. , and Uichard Slaok , Jr. , all residents of ( llrardvillo. a small town about llvo miles from this mace , have received anonymous let ters warning them lo leave the enmity \vitliln llfteen days under penalty of deiilh. Tbo notes bcarllio skull and crosshones , a colllu and blood spots , and nro written la tones similar to tho.su of llio letters dlslrlbtitud bv the "Molly Magulres" in the seventies. Great excitement prevails , A few days ago ox-1'outniaster ( ! lld ; of ( Jiradvillo received a similar lottor. _ _ Gessler's Alaglo Headache Wafers. Cures al headaches in " 0 minutes , At nil druggists. * A. Caiui'liaii U'roulr. Sciiuinnnu , Out. , Feb. 4. A Bleeping car on the west-hound express on the Canadian Pacific railroad was thrown from the track by a broken uxlo naur hero today. Nine pas sengers were injured , hul only four seriously. I''atnl C/olllNion , MtsaiiAX , O , , Fob. 4. A mir-ond collision on the Cleveland , Loraln & Wheeling rail road at Beach City this morning between two freights iilllcil tlic llrumuti mid fa tally injured a brakoniun , Bolh llio inctlioil and results wlicir ' * \ Syrup of Figs is taken ; it is pleasant nnd refreshing to the ta lo , nnd nets gently yet promptly oil the Kidneys , ) Liver nntl Dowels , clenn&s the sys tem effectually , dispels col tin , hcnd- : aches ami fevers nnd cures haliitiml constipation. Syrup of Figa is the only remedy ol its kind ever pro duced , pleasing to the Inslo nnd nc- ccptublo to the utomaeh , prompt in its notion and truly henelicial in its effects , prepared only from the most healthy nnd agreeable substances , its mnny excellent qualities commend it to nil and have mtulo it the most popular remedy known. Syrup of Figs is for sale in COc and SI hottlcs by all lending drug" gists. Any reliable druggist who may not have it on hand will pro cure it promptly for any ono who wishes to try it. Do not ncccpt any substitute. CALIFORNIA FIG SYRUP CO. SAN FKAKCISCO , CAL , \QUISVILLE. \ KY. NEW WRK , li , Y. The Senate Amends and Passes the Fortifi cation Bill. EDGAR ATKINSON SEVERELY CRITCISED. Tlio Military Academy HIM Paused by tlio Upper JlniiHO Kculproolty \vltli Canada Talk Oil of In llie \VA3iiiNflTON , Fob 4. In reference to tlio presentation of petitions ns to the Confer 1)111 ) , a colloquy took place point : to show that nil tlieso petitions emanate from the .sumo source and go back to that source tmforo oy nro forwarded to llio senulors ; Unit they are distributed from a central agency ami seem to bo tlio result , not of a spontaneous movement , but of solicitation. Apropos of tlio manner in which such mem orials are gotten up , Mr. Coultroll road reso lutions ot the 1'hlladolplitn Maritlmo ex ohnngc , protesting against the passage hy tbo house of Iho senate hill of May , 1SOO , for llio monthly purchase of1,500,000 outicca of silver. No suoii bill , ho said , passed the sonuto In Alnv , 18PO , nud yet these wiseacres were mooting and protesting against It. Ilo went on to se verely criticise the views of Kdgur Atkinson on silver und other economic questions. Mr. Dnwcs ramarlcoj tlmt Atkinson's po litical and economic iilllllntlons.vcro with the sonntnrs who were Iriiductng him. The forllllenllon bill wns again tolton up. The cotniiiitleo amend incut appropriating 100,000 for rilleil sea const mortars of cast Iron , hooped with stool , was taken up. Chandler's amendment requiring them to ho wholly of stool was agreed to und then , nt the suggestion of Jlr. Dnwos , the committee - too amendment us nmcnil'jd was rejected. The eommltteo luncinlincnt to reduce tlio Item for the completion of nn army gnu fac tory nt Witcrvillo , N. Y. , from S-10,000 lo $ MSUOO wis agreetl lo , in was nlso Iho coin- initlco aineiidniciit to reiduco the appropria tion for machinery \VutervlIet arsenal from $ HW,000 toSJO WlO. The comniltleo ameiulment Increasing Iho appropriation for the hoard of ordnance , otti. , lo inako purchases , cxnonmonts and tests of the most elTectlvo guns , Miiall arms , etc. , tf from $100,000 to $ . ' 00,000 was agreed lo. _ / The amendment hy Coekroll , rcaincndoil by Chandler , \\as agreed lo" , providing for tbo addition of two civilian nieiuhors to Iho board of ordnance ami fortlllcntlon , not to bo ox-oflleors of army or mivy , lo hold ofllru four years anil receive a salary of $0,000 uml netuul traveling expenses. The eommitti'o amendment to Insert a par- ngraph increasing to 1-IM > 00 the appro priation in Ilia lorliflcalinn nut for the procure ment of heavy onliianea was agreed te , Dolnb's ameniiiuent , appropriating $1,000,000 for the plant for heavy ontnnnea at some point on llio Paeillc roast was disagreed lo , The hill was then passed. The military academy bill passed with ono amendment. Tlu : pension appropriation bill was taken up uml went over , Adjourned. fllMINO , AVAsniNnrotf Feu.-I. Mr. MeiCtnloy aslteil unanimous consent that during the remainder of the session the house meet at 11 u. m. , but Mr. Rogers of Arkansas objected. The house then went Into coininlttco of the whole on Uio diplomatic uml consular appro priation bill. During the debate on tbo bill Mr. McAdoo of New Joraoy gnvo his hearty assent 10 the position taken by the .secretary of stnto reliilivo to reciprocity with CniinJii. The United States should have unrestricted Iriulo und commercial union with Canada or It should hnvo no commiurlal relations with her. her.Tho hill , after further discussion , was iulil nsaldo with a favorable recommendation anil the eommltteo proceeded to Iho conslderalloa of the sundry civil tipproprluilon hill. Mr. Chandler spoku in favor of llio amend nionl instructititfthuscL-rctary of thelreiisury not to approve of tno payment of any expense attendant uuon the meeting of tbo World's Columbian commission or the board of lady managers except such meetings as may hu called at the time of dedication und opening of the world's fair. I'cndtng further discus sion llio commillco rose und the diplomatic. ' appropriulion Dill passed. Adjourned. "I lost a crutch and found heal that Hxciil siorSprings. Mo.1 Mrs. J. II. Carruth Lawrence , ICansas. .Vo fjiinriini In JlllnolH. SruiNdfiKi.i ) , 111. , Fob. 4. Coclcroll , ono of the Farmers' Mutual lioncllt associa tion members , being sick today , his two colleagues and the republicans retrained trained Irom votnn : for senator. No ijuoruin resulted and iho nssunibly adjourned lifter tko llrst bullot. Highest of all in Leavening Power. U. S. Gov't Report , Aug. 17 , 1889. Powder ABSOUUTEI T PURE