THE OMAHA DALLY FPI IA\r , JU'JCUltUAKY ' 0 , I80J , DAILY HlfilS. K UOBKWATKU KIUTOII. I'UllLlslIHU KN'HltY MOHNING. TIKMSOKSl'lliTIIU'TION. Dully nnd Sunday , Ono Your . 110 M HU innntlx . Mfl Tlirt'fl tumuli" . 8 hiinilny HIT , due Vent . "do NVccUy lit f. Quo Vent . . 1 W ( itnnliii. TI.P lire llullilltiK. HniilliDiniilm. I'nmorN itiitlSiltli SI root * . Council lllulTs. r. < Pearl SlrtTt. I hle.iitit iiltli-i- . lllTC'linnilH'rnf Omuinorep. Now Vork U.wiitnl.T.Hniidl.Vrrll > iiiiullulldln | ! Washington , Mil I'lnirloi'iith xtrec > ! . rollUKSI'ON'Dl'.Nri- : . AllrniiiiiniiilrMloiiH rolntliiK to MOWS anil rdltorlul iimtttT nliould be utlilrcssotl lo tlio Killlorlal l > i'iiirliiient | l.KTTKU ? . mill rctiilttanrosshonlil lip nililri" i'il to Tlio llco Viihllslilni : Compiiny , Onmliii. | irifi.M ; , clu'okn nnil piislntllc a orders to lie iniuli' p.-ivntili * lu Ihu orilor of tlio coin * lintij. The Hoc Publishing Coimany , Proorictors , Tlio llco H'lil'g , I'liriiant mill Smiuitconth StJ f-NVOUN HTA IT.MKNT Of OIKUUI.AT1ON. Mnlonf Ni'liraikiit ( , . Cmiiitv nf Douglas. l ficorec ll. T/irliiii'K , sorrrtury of TIIK llr.K 1'utillOiliiK ciiiuimny , docs snliMiinly swrnr tl.nl fli-t'iitti'lrriilnllon ' of Tin : DAII.V IlKR f. .r llio wont i'iiilliix January : il , SSUI. WIIH us ftillOMN : _ t-iimliiy. . ! .niiiary 2. " . . CO.WO Mi . inlay. . IniMiurvlin . i.'l.7SO ! Tiicvilav. .1,1 miury 'J7 . " ( i.KIS AI'dtii'Mtliu. . Jniainrv ! . ' ! ) . "I''JH ' Thiirsiliiv. .lanuarr ! W . ' - ' < VK < I } rlcliiv. .tiiiniiiryifi . -MM Hat unlay. Jaiiiinry 'II . 'JtUlU Average . SO.H01 fiKOUor. II. T/.SCIIIIUK. Sworn l Ill-fun * niu niiil subscribed I" tny I'l-ose-tico ' ilils ; ilit day uf January A. I ) . IS'JI. N. 1' . I-'Klt. , Notary I'liljllc , Ptatonf Ni-lirnskn , I Count ) "f noughts , ( Onircc II. T/seluu'k , lii'lng duly nxvnrn , do- io t a nil iiiys that lie It srrrotnry of TllK 1IEK ] ' i'iiii'iaiiy. | Hint. lln > ni'tual nvornne dully trlii nliitloa < i ( TIIK DAILY IUt : for lliu inonlti uf IVIiriinrri IM.V. ll'.THI ' i-oplos ; for March. l- ' i. ai.-IS riiples ; for April. IH'.U , ai.f * poplt'si for May. IMHI , SO.IS ) copies ! for Juno , Ih'.W ' , LM.ill ; ; rnpfi'si for July , WX ) . 'M.fifl ! uojilcs ! for August , IMKI , ItLTMl copies ! for St-plnmbcr , 1MiO'JO.t < ; - | ' forOftnlwr. IW.K ) . L'l'.flB ' cop ies ; for NtiVL-mlirr. 1810 , an | : copies ; for In- ) riMiiliiir. KM , 'J.1,471 copies ! fi.r January. 1S9I , 'S.440 I'oplt'N. UKDIKII : II. 'IV.sriiiicK. Sworn In licfoni inc. mill sulmrrlbt'il In my lirt'soneir , this aisldayof Jnnuiirv , A. I ) . . 18U1. N. i' . I'liit. , Notary I'ubllc. Now \vo shall hnvo u surfeit of gub- nrnntorinl messages. ry\\K \ \ Nebraska constitution Is Uic Fit/shninons of tliu fray. TUB report that Boyd mid llurrowe "sposik as they puss by" Inuks coaflrina- tiun. TIIK oiH : for "a thoussvnd men wlic know how to ilio" is imloflnitoly sus ponduil. AND now tlio HCOIIHO Iii8icctor ] Is to b < pi von an nsslstunt Economy is march ing on. liRA'/H , IUIH tukoti passiv jo on tlio pooi Bhlp'VHedpi-ocity , " J. G. Uliilno , pilot Welcome , Pr.r/ll. TIIK oouni-ll innjority inltlit ; draw ( profitublo lessen from the fate of tin riullciilH lu Lincoln. SOUTH DAKOTA wunta Irrigation , too In that state , us in westora Nubraskn it Is a lonjr tliuo between ruing. OMAHA'S packing industiy mlvancci ut a 84 jior cent gait last yoar. At proa out it is inurclilng1 on at a spued o 48 per cont. WILLIAM oiroutimlly dls poses of captious critics of liia govern inonU OHU'inl lifo tleponds on sooin ) little ami snyiii" ; loss. WKDNP.SDAV night's mass meeting n the national cnpltiil showed that Con pressman Coimoll la still popular will "tlio men who work in shops" iu th city of Washington. Tin1 : legislature has at last mlmittci that the occupant of the osoeutivo chaii Is governor of Nebraska. The mills o the gods grind slowly , hut they go there just the same about pay day. GKNKKAI , THAYBU remarks that th past two years hayo soon very livol building operations at the various stilt institutions. That is true , and lor thn reason there is nogroat demand for mor extensive appropriations for such pui poses this year. It is a good time to ell the wings of the salary raiders , ii stead of adding now wings to all th state institutions. IT is stated that John IT. Powers hn read the riot act to Senator Koonlz fo his speech at McCook , The senate need not ho alarmed. Ho received v < clforous evidence of the fact that hi nudionco endorsed his sontunonts , nn lie may have the satisfaction of prorin that the applause with which his coi Rtituonts greeted him found an echo i the heart of nearly all who roa his speech. The discredit falls m upon the man \vhn made the speech , bi upon the purblind partisans who crit else it. TIIK justice of the demand for a roa onuhlo share of tlio county road fund i which the city pays four-llfths , is not 1 bo questioned. Loss than one-half i the fund is spoilt within the city liml annually , but the fact must not bo eve looked that the improvement and mat ; temxnco of highways through U county is a source of permanent profit the city , The inixln object in view is inako the amount apportioned by tl county to the city do the greatest peas bio good. This result ca not bo attained by the commi sionors controlling the expenditure Under the city laws one-half the cost the grading is assessed to abutting pro ; ortyvhoreua the taxpayers bear the o tire cost of grading undertaken by tl county , and the property owners ( favored streets receive permanent bon fits without cost. If the S2o,000oxpoudi by the county within the city limits lu year was disposed of under city laws , would have accomplished double tl amount of work. The city and coun authorities should unlto on a plan 1 which the city's share of the road fui will bcoxpended under city laws. Tli need not deprive the commissioners control. They can designate the strcc to bo improved and the grade to bo i tabllshed , but the city should contt the contracts and supervise the work , as to assess ono-lmlf the oojt to ahuttlr property. TIIK OI'THO/.VC / ; ( IV Perhaps no lotflMatiiro on record ever lii < toned to u itiossauo from an ox-jjov- crtior until llio leglslatim ) of Nebraska did HO yoxUmlay. Hut the Innovation was JiHtlllcil by the peculiar clrcum- ntniiivs of the cine , nml llio leiflHlnturo nnd the public nro amply rovmrdod by tlio tout ) and quality of CionoralThuycr's Tnoox-govornor very ) iroporly glvos the Hist place In his inossago to a con- ttlilorntUm of the doUltutlon which ox- Isls In n iiorllon of tlio state. ITo ex plains tlio moi9uros : adopted by the lute administration for the relief of the KUlTerors and presents a care ful otttlmntoof tlio nccdn for the future. In his opinion an appropriation of } : SH- ) , ( XX ) , with an emergency clause , Is re quired to meet the needs of the case. It will bo observed that IIH ! estimate of the Hllunllon Is somewhat less norlous than that purporting to come from the relief roimnlltfo , nnd more In line with the reports furnished by Tin : LJKP.'s special correspondents in various parts of the state. General Thnyer's remarks on the sub ject of tlio Indian policy of the govern- mon I will find a rcHnonsivo echo in the hearts of nil Nebraskans , and may well roinnmiul the attention of the statesmen at Washington. Hays the ox-governor of the Indians : \Vo feed thorn ( those not civilized ) and they ilofy us ; wop.iv thorn mniioy nnd , they pur chase Winchester * ; if they rebel , they lau li at the nriny nml say tint they arostarvlnp ; tliat brink's double rations on which they Ror- inmd/o : ! and consutno in three days thai which should have lasted them ten , ami then raise the cry of starvation , which U taken m nml ro-ci'hoed by huiiiimitarlnns inihocast with tmvor n thouRht for their white breth ri'ii , who have been robbed of their ovoi'j possession. Tina 13 a true sum mary of the ituatloa as to the hullans ; wo feed them anil ley llglit us. 'I'tio juoplo nro taxed to sup- wrt Uiotn In Idleness , while they look ia dls- aln upon every kind of labor. Lie urges that the Indians must bi Isarmed and rigidly confined to tholi 'osorvatlons ' , and that , above all , the iottlers on the frontier must bo pro ected , Ho sums u | ) the whole question , 10 far as it concerns tlio citizens of this tate , when ho says : "Tho onward iinrch of civilization must not bo stivj-oil iy the remnants of b'irbarism. " It fell to the lot of Governor Thayer , n the last days of his olllclal career , U : under a most memorable sorvleo to thi Into In dealing with the destitution ii mo part of the commonwealth and tin ndinn disturbance In another. Tin loojilo approved his acts In those mat er.s , nnd they will very generally con : ur in his conclusions , as stated in hi : moHsago. I'orhivps the most satisfactory feature of the message is its strong doclarutioi n favor of a revision ol the tax laws The ox-irovornor urges that the assess .nont . should bo high and the tax ratt ow , rather than the reverse , and tha ho laws should bo very severe In pro viOing for the punishment of mon whi cciii their property and the assessor who connive at It. This is a suggestioi that the legislature should speedily ac upon. Nebraska has suffered a groa deal from the present wretcho d systcn of taxation. The message treats rather tamely o the railroad question , It correctly state : the relations of the people and the cor poratlons and the powers of the legislature turo , but'it makes no very vigorous am definite Huggcsitions of remedies. General Thayer devotes considorabl attention to two mutters of very grca mportanco to the state at this time , tin encouragement of the sugar boot Indus ry and the development of irrigation In both matters ho takes a positive atti tudo. IIo urges that if the good begin ling already mndo in the manufactur of boot sugar is followed up Nobruski will become the loading suga11 state o the union in the next ten years. II points out the advantages to bo gainei by irrigation , and asks the logislatur lo lUQiuoraUzo congress In favor of th passage of the measures donating publi lands to the several states. Among the other important re commendations of the mcsag is one in favor of nn appropriation c $150,000 for the world's fair , the croatio of a board of pardons and the ostnhlisl moiit of an Immigration bureau , an provision for farmers' institutes. Th reports of the various departments ar reviewed and their rocommondatlor. generally endorsed. The ox-governor clo'os with an can est appeal for the avoidance of all ras legislation and tha enactment of lav that will strengthen the credit of tli state before the country. The tone and spirit of the ox-govorr or's suggestions are admirable , and the form an agreeable ending to his foi vear'8 service in the executive chair. TIIK COST OF FKIliriNa IXDtAXS. A statement sent to congress from tl ; the quartermaster gouonil of the arm shows that the cost of the Sioux Indin outbreak was at least $2,000,000. J3t this is only the direct expense , and it I estimated that whoa all settlements at made the cost will probably roach doubl that amount. In any event It has bee an expensive lesson , It remains to 1 seen whgthor It will bo productive < compensatory results. TIIK Bun prints elsewhere in thlsissi the principal portions of an address d Hvercd before the Society of Friends Philadelphia by Indian Commission' ' Morgan which is a valuable contrlb tion to the discussion of the ladlt problem. The commissioner , whoso I torest and zeal in his work are ma commendable , presents a clear ai candid statement of the situation ni points out the policy which ho balluvi it to bo the duty of the government pursue in order to roach a the oughly satisfactory solution of tl problem. A quarter of a mi Ion Indians nro widely sci : tercd from Llalno to Caltfornl ranging In their condition from barba ism to a uogroo of civilization compn ing favorably with the average whi citizen. The nation has assumed ni maintained a guardianship over the Indians , nnd entered into treaties wi them which involve the government certain definite obligations. It holds trust for them 523,000,000 , , und a specific agreement us to wh shall bo done with the procoe uud principal of this uionoy lu tht interest. It Is pledged to maintain a system of education that will omxblo the Indian youth to obtain such Instruction as will familiarl/o thorn with civilized Ufo. It has imdnrtakoii to carry out a plan of allotment In severally and loach the adults farming. It has covenanted to provide for them until they boeomo Holf'SUpwirtlng In a way becoming a wealthy and enllgiitened nation. It has promised to deal fulrly and justly with them in regard to their lands , and in short , thn government Is under pledge and compact to trout those people hon orably mid in good faith. To a very largo extent tills has been done. The fact that IHo.OOO Indians nro Kolf-suppjrtlng and that 10,000 youths are being educated in the schools , is con clusive evidence that the government has not wholly failed to curry out Its agreements. But It has not been uni formly careful and consistent In the per formance of Its duty. The service has not always boon faithful and olllclunt , mid there is reason to bolioro that it has not at all times boon entirely honest. What the commissioner of Indian alTairs demands - mands Is that the government shall keep absolute good faith with the In dians. Regarding the sorvleo ho urges that it should bj administered by one responsible head , that appointments should bo inado under civil service rules , and that llio cnntlnuanco of any person in the Forvlco Hlnmld bo conditioned upon the faithful performance of duly , llo takes a decided position against transferring the control of the Indiliis to the war de partment , believing that the civil au thority is far hotter qualified than the military to deal judiciously with the many details connected with the question of Indian civilization. The commissioner concludes with the gratifying assurance ) that there is no occasion for discourage- munt or impatience. The country will learn with pleasure that the llrst practical result of the now plan of reciprocity with the southern countries of this hemisphere has buon attained in an agreement consummated between the government of the United States and the government of Brazil , to take olloet January I next. As soon as the policy of this country regarding closer trade relations with the countries of South and Central America was formally declared , Brazil made known hur friendly Interest in it and very shortly afterward her representa tive at Washington was instructed to enter into negotiations looking to an agreement or treaty on the lines pro posed by the United States. It would seem that little or no dilllculty had boon found in reaching an arrangement satis factory to the president and secretary of state and the Ui-a/.iliuu minisLO" , and it is possible that tlio agreement can bo ratified by the senate at the present ses sion , while Its ratification by the Brazil ian government may bo regarded as al- moit a matter of course. The trade of the United States with Drnzil is very much Inrgor than with any other South American county , but it has boon very one-sided. For in stance , wo imported from that country in-the year ending .luno 80 , 1890 , mer chandise to the v iluo of about $00,000,000 , while our exports amounted to less than $12,000,000. and this about measures the discrepancy against us in our commerce with Brazil for a number of years. Mcnmvhilo Great Britain , Germany and Franco have been soiling in the aggre gate to the Brazilians a great deal more than they bought of them , and have been steadily making stronger their hold upon the commerce of Bra zil , as they have upon the trade of all the South American countries. But with the advent of the republic , which the United States was prompt to recognize - nizo , came a more friendly commercial sentiment toward this country which has since boon steadily growing , and under the operation of the reciprocity agreement just announced there cannot fall to bo a very matoria enlargement of our export trade with Brazil if our mer chants nnd manufnoturors make the con ditions such as to commiuU it. Wo can not expect to wholly supplant the Ku ropean countries which now send annu ally to Brazil merchandise of tlio value of upwards of $ oO,000,000. Wo must looli for a bhnrpor competition than over before - fore from these countries to hold this trado. But if our merchants * and manu facturers can go to the Brazilian market with desirable goods at satisfactory prices , can guarantee ) prompt delivery , and can ofl'or equally favorable condl lions with Europeans , they will cnjoi a decided advantage in the competition and it ought to bo practicable in a fou years to make our exports to Brazil bnl nnco our imports from that country. A any rate there will bo insured an In creased demand from that country fo our agricultural products. The consummation of this ngroomon' ' between the United States and Brazl ought to have a good otToot in stimulat ing the interest of other South American can countries regarding reciprocity , mid it may bo expected to. But none ol thorn is so favorably situated a Brazil for entering into suc1 an arrangement. The moit importan of them , the Argentine Republic , is HI completely unctor bondage to Europoai capital that It is likely to bo many year before she can venture to make sue ! concessions as reciprocity with the United States would require , while Chili Uruguay ami some of the others ar not much bolter situated. Ultimately however , they will fall into line , and th time may not bo so remote as now neon ) probable. There have been intimation that Spain is disposed to enter hit negotiations for reciprocity with lie West India possessions , and itisolllclnll announced that the government t Canada desires to negotiate. It wl thus bo soon that reciprocity is a vor live nnd wide-reaching subject , A FEW more sinecures with the rlgl kind of n "pull" will bo accommodated I they maka their -wants known to th council. Salary is no object while th funds hold out ACCOUDINO to an ofllclnl dcclnrntlo of a committee of members , the loglsli turo of Colorado is besot "by lobbylsl na corrupt us over availed u lo ' body. " igh in Bossloa barely a month , th ombora have been tip- proachcd v , tenders of mimoy lu rolls ranging fn 100 to $1,000. The ovl- dunce does sustain the assertion of the Investigators. It shows n sharp do- cllno in legislative values. Ono need not go bacqtptho ! ( memory ol the oldest Inhabitant on Hoar crook to recall the lush days $ hn legislators spurned a loggnrdly thousand , nnd hold their prices at n notch that made millionaires shudder. Tlio decline to three- figures narks the Inroads of political competition ' tion In Colo'rVud ) nnd llio olovntlon of pot-h > i'.itlng cheap Johns. THIS council marched up the court louse hill and then marched down igaln. But the road fund was not seri ously Injured In the fray. 3Ioro lliinnr.t I'or .Iciliu. Albany . -tivn. ' . Parisians have boon Informed by n local jianer that .lohn L. Hiilllvnu Is n son of Sir Arthur Sullivan , who will doubtless lie over whelmed with the now honor and write anew now opera with pUKlllitlo luvoiupaniniont. Kai m IT mill Clilcwi Mill. Ono of the tfoo > l things llintcnmo out of tlia ICmisas scmitorslilp minnbbio Is the settle ment of the relation of the "farmer" to the "agriculturist. " Ono of the Kansas sacUloss statesmen said lu the recent caucus : "A farmer is one who worKs a farm , while nu agriculturist Is one who works n farmer. " Ituv. I'llnk-riiuil : uti 1'rtdc. MMJ Yutk Ikntht. "Pride , denh brooder n , am a sin wlch do.iu pay , no niattiih how yn look at it. I know nn ole nlgnnh once tint wuz so proud tint ho nob. ball looked at anything but the sky ; one ilny ho stepprd on a b.inami skin nn1 landed , on Ins buck io hard an1 heavy dut his spine \\-rn all shook out oo Joint , nnd now ho moves alonj ; , wlf a stick it : each hand , uoublod uv hko a boy hi do green npplo season , nu' ' spends his time couutin' do cracks lu do sldo- walk. " _ How II AVorkfl. Snn I'Yuiicfuro ( limnlcle. The laborers employed by the government at Hare island nnd Skibbcrocn showed suml ! common sense In striking for higher wnijon , As this work was given to them for charity , the natural inference uf the Uritlsli govern incut was that the men who wore displeased with their pay could not bo iu sore straits Hence they wilMmvo no work at nil , wlilcl. was probably tlio result aimed nt by tlio men who Inspired the striho. Tlio professlomi labor agitator may always bo counted on tc do the wrong thing. Ilnd KuouKli ol' Congress. 1'riretilence Jiwmcil. There are a fiooil many Important matter.1 In the way of general legislation before con gress , such as the bankruptcy law , the copy right bifl and others upon which it would b ( well to Imvo action , but the first and most lin portant quustioji ii > to attend to the iiecossarj business of tliu country , the approprintloi nnd othnr bill ! for the maintenance of the government sons 'to avoid the necessity of nt extra session. | Tlio country has had more than enough of congressional Interference with its bushutifc for thu past year and woult bo Kind to escape any inoro for as lonjj a time as possible. ' Ji'A M&fA JK8 TS. Iron tonic doesn't inalco a "bar , " Though sometimes , when it's "fluod" For you to take , It isn't far From liquors' they cull "mixed. " . fc - ; Pharmaceutical Era Indianapolis Journal : Said the roil-hcailec woman , "X want to git a divorce from in ; man. " "On what grounds ! " asked the lawyer. "Grounds i Kh Uh , Lord I I dimno. s' posed you would llx nil that. You cal yourself a lawyer , don't j'n ! " "How is your father ! " ' "Ho is cu'joylng very poor health. " "I am glait ho enjoys it ; most poopl < don't. " Washington Post : The debating soeietic hnvo taken up the Indian question. Tills 1 : another sure sign of peace. Philadelphia LeJwr : The Ueorgia rnai who swallowed a dollar the other day cai sympathize with the country nt lawe. II knows what it Is to have a silver coinage dis turb.mco In his mlilst , so to speak. Kuffnlo Express : Grin See a dog Bnrit No ; the clogs only stood off nnd yclpe > at each other. Grin Ah , a bark mill , as jo1 might say. IJillvillo ( Ga. ) Banner : Major .Tones laid line cabbage on our table this morning. Al wo ncej now is n pound of meat to season ll Epoch : Husband I don't think much a that B ram bio girl. Wife Well , you had better not. JKltNO\l I.ITIKN. A story is going the rounds to the oftoc that McConncll of Idaho jutd 5111,000 for hi sixty days term in the United States sonati .r. Lewis IsunburR contemplates starting wcoklv paper in 1'uoblo. Col. , to bo dovnte to "tho Christian welfare of the sullerin Indian , hell , fun and general nows. " The paralytic condition of the widow n John B. Gough la pathctie. In tlio pride c her vigorous womanhood she stood bravel ut her husband's sidu when but for sncli sui port lie would hnvo fallen to rise no more. There is talk in Uoston of asking the prosi tlont to appoint General liauhs United State marshal ! again , now that Cleveland's aj pointoo , Mr. hovering , to whom Hanks sui rendered It. has resigned tlto ollico to accoi a place on the governor's stuff. The most charitably disposed person coul not say that Miss nmildon , Uio famoii novelist , over wears nice clothes. She like solid colors and affects velvets. Her nowi : bnvo many furbelows about them. Sti wears largo diamond onrdrops of an ovcnlni Miss Braddon is a llrst , class housckcopu Gourmets like her dinners mightily , John O , Domltits , the husband of the tie queen of Hnyti , is alhin , weak , but wltlia genial person. Bonf in Massachusetts an educated hi Ilonqlulu , Governor Dominis In : been a jicrpetual ottlco-houler , and a 11101 good naturcd goyerpor never lived. AVIu his wife , the heiress apparent , says i < tlio lav nnd Mr. Dominis , when an edict gees fort from the matrimonial bureau , pulTd his cl a and says , "I guo s it's nil right. " Truq to Ills Word. .Yew Vortr llcntltl , "John bring Air. Wiggles n whisky coc' toll. " "No Slntrack , old follow , I can't. I prot sod my wife never ilo touch another drop whisky ia my life. " "Oh ! all right , John , bring Mr. Wiggins cocktail. " ' " gin _ _ Too lljp.il Contract. St.jiiippli Jfcwi. "Soaks got arrested for disorderly condu again lost night nnd wanted ino to bail hi out. " "Did youl" "Hardly. I told him I hadn't got the tic putual suction pump'that was needed to bn him out. " Try It Y ti iii-s ul f. S7. Jimtpli Xem , "I wondoryou don't enter the prize rlag said Mrs. Wings toScnlia , her grocer. "Mo , Mum I I-ord , what would I bo deb that forl" "It only occurred to rae that you img compete for the light-weight championship TrltMl on tlio Atclilion ( llolir , The mystery why n brown haired Uox North Atctiison so suddenly becnmo yolk haired has liitiu nxplumocl. Its inhtri uouuht a bottle of bloudiiiu uud experiment on thu dog FI M THE STATE CAPITAL , The Colored Party to the Civil Rights Makes n. Compromise. IOW WARNER OBTAINED HIS WHISKY , Soliinltt , tin , Oroeor , Ones on tlio War- linlli WlijIllliirt Itluo isnt li.b- orly I it trrr Milne Kttpri'iiio Court D K , N'ob. , Fob. 5. [ Special to TUB IKI : . ] Mr. ( Iroen , the attorney for the col- red man , II. O. 1'folffcr , In tlio civil rights aso , takes exceptions to the comment made iy n pvonihirut li-Ral llRht that the case win isimlssoil from lai'lc of succcustul piosoeu- Ion. Mr. CJreoa says that Duncan , the wner of the hotel , rather tliiui sulTor ft ossiblo UneofJ.'iX ) , paid thoccHtsof the suit - $ ( . - gave a lieuihiif Hiilvo of f'0 to the olorcd man to whom ho refused lodging , 'foiffcr was wIllhiK to nccojit this money omtiromlso anil dropped the prosecution. It s said that I'follTor luvt n good ca o against hincaii , nnd thocaso attracted considerable ttuntton ninotiR the colored people la the tato. Duncan Is said to fool elated at ottinj ; off as cheaply as ho did. 8THI.H UVTVM'll WIIISKV. Herbert Warner of .Madison county 1ms pot nto trouble with Unclii S.un through some lli'gt'd very sluidy actions , anil is now a cul- irit In tlio untied Ktalos i-oiirt. Tito olTiMiso vns ooiiiinltlcil at the Moailow Orovo distil- cry. It appears that Warner , in league with Van Huron Lewis , the proprietor of the dls- lllorv , broke into the establishment nt night nd took nxvay several iMrrelsof distilled piritson which the tat had never liecn imiil. I'ho fraud was detecti'il and Uinvls , the dis- Iller , was arrested and convicted In Oiniiha. lo is now awnllliig sentence. Jt Is allogotl hat In the present Citsa AVarnorviis nutiiih' inderLewh' instriiellons. Some legal inliuli i-ssert that Warner's olTonsovns burglarv. Today Henry Stone of Tnlmngo was nnlcted of JJ5 nnd costs b.v.ludgo Umuly fur cllttiK liquor in Gundy two years ago with out a license. BCIIM1TT OX TUP. WAIl I'ATII. If thcro Is any per-son in town who Is both ered to death by being guyed by friends nnd rented coolly by acquaintances It is Curl Scb mitt , the Konlal Ten tb street grocer , and otliols not responsible for it. It nil Imp- icned in this who : On Sunday night a lambllnK den wts raided , and in accordance vitha time-honored cnsUjm every gambler arrested gave an iissmned name. One was ejristered as Carl Selumtt. The false niunos tlven were publlshod , and over since then Sfhinitt lias been bothered to itc.Uli. It has even hurt him lit a business way. Mr. Schinltt is naturally very indignant , nnd is leti-rinined to Ilnd out who the fellow was vbo brought his name into disgrace , nnd vhon ho lluds him there will be musie in the air. HAS A nr.i'rxiiKNT r.vxtn.Y. Gilbert Hluovns nrrostcJ about n month ago oil the charge of passing counterfeit nonoy. Slnco tlicn ho has been in the Jouglas county Jail awaiting trial. As ho ins a wife and six children dependent on dm. lon ! linker , the kind hearted United States district attorney , today decided tc allow Blue his frec-dom and ho cave him hia Lieraonal recognizance to uppoir for trial , suraKMB COUKT. Thcfollowlnt ; oiiinloas were banded down ast cveniiiR : South Omaha vs Cunningham. Error from Douglas county. Alllrmed. Opinion by Mr , Justice Maxwell. 1. In nn action by nn executrix against the illy of South Omaha for causing the death ol the testator uy negligently leaving Twonty- sixtr street un guarded nt a point a short dis. tanco north of the intersection of said street with Twenty-seventh street , the testimony showing that Twenty-seventh street runs in i northwesterly direction where It intersects rwonly-llfth street , and that fora considerable - able distance north of tlio intersection the spnco between the two streets is but n few feet in width and that the excavation was made on Twoiity-scvcnth street , near the in- lot-section of said stroots. Held , that the lue.stions of fncturo fairly submitted to the iury. U. If it person make an excavation so ncai ; ho line of a public street that otio lawfully passing along said street may accidentally [ all Into it , it is the duty of the person mak ing such excavation to erect barriers a a pro. lection against such accidents , nnd if ho fails o do so and a person falls into such excava lion and sustains injuries , ho will bo liable for such neglect. ; t. Intoxication when relied on as a defense must bo pleauod. Under a gen oral denial the only proof udmlssablo Is to establish or dis prove the facts stated in the petition. Kochlur vs IJodge. Appeal from Hal county. Afllrmed. Opinion bvMr. Justiw Norval. 1. Where n person borrows money nnd ves his note tliorcfor , which specllles on Its face a lawful rate of interest , n verbs' ' promise of the borrower made at thn time the note is elvvn , to pay a rate of interest in excess of that allowed by law , will not Itsell malcotho transaction usurious. S. In such cnso if the verbal agrocmont Is carried into effect , nt tHe time the loan i- made , or subsequently thereto , by the bor rower paying the unlawful interest , or if the louder in pursuance of the agreement has lij any shifter device reserved or received In terest in excess of the legal rate , the transac tion will bo tainted with thovicoof usury. U. Tlio defendants executed and delivered their four promissory notes for a loan ol money , which by their terms bore interest ill the rate of IU per cent Irnni elate. At the timn the loan was made the defendants ver bally agreed to pay for the use of the money interest ut the rate of IS percent per annum The notes wore extended from time to tinu after duo , the defendants paying lutorusl thereon from date at IS percent. ITinallv tin notes were renewed by taking the notes h suit , but no credit was given for the mtcrcsi Unit had boon paid iu excess of the legal rate Held that the renown ! notes were subject ti the pica of usury. t. A corporation is not chargcnlilo with tin knowledge or bound by the acts of one of It ; ortlcers on a matter In which bo aets In behalf half of his own Interests and deals with the corporation as a private individual and in m way represents it in tlio trmsactlon. 5. When a negotiable note is purelmsei after maturity from nu innocent holder fo value , the purchaser takes it free from al equities nnd defenses that existed butwoei llio original parties to the paper. ( i. An exception to the vulo Is where the payee becomes such purchaser. Ho Is no within tlio protection of the rule nppllunbli to innocent holders. 7. If n neigotlablu note is endorsed am transferred be'fore duo us collateral secnrit ; for a loan of money then made , the pledged wlio receives the paper without notice of air defense , is a holder for value in the usua course e > f business. Scliuyler vs Hamia. Appeal from TilCTi ardson county. Afllnnod. Opinion by Mi Justice Maxwell. 1 , One II. , a resident of Falls City died li August. 1831 , leaving ns heirs surviving him his widow , one dau Utor , a son named Hu dolph and the three children of n decease son. Hu was possessed of ncoiisldornhl estate including the homestead In said city in which his widow continued to re.sldo tint : her death In 1831. Shortly after the death o his father , Hudolph ana \vlfn convoyed thol interest in the estate of his father , includlii the l.omestoad , lo a trustee , who aftenvnnl conveyed it to the wife of Rudolph. After th death of Ills mother Hudolph conveyed u one third interest In tint homestead lo n trustc who convoyed It to Ids sister who brought a action against the wlfo of Kudnlph. X lieli llrst , under section 17of the homestead Inwc 18711 , that the beirs of the persons whoso pn > | orty had been selected for n homestead , too u vested remainder therein subject to the 111 estate of tlio surviving hutbaiui or wife ) . t ! . It is the present capacity of takini : effoc in possession , If thu possession were to hi eonio vacant , not the certainty that It uvc will become ) varan t while the remainder coi Unties which distinguishes n vested from contingent remainder. Quick vs Snchsso et al. Error from Oo | lus county. AlllrmoJ , Opinion by Mr. Ju : tico Maxwell. 1. A bill of exceptions must bo nutheut catvd by the Juiigo lie fore whom the cnus was tried or tu case of agreement by tl : clerk of the dUtrict court , and tha Judge hi authority under the statutes after thouxplr tlou of his term of olllce to sign such hill. _ ' , Under u ytucra. denial iu thu nnswi the qnr.stlon at Isiuo Is the truth nt the facts M.Koil In tint imtltKm. 1'uot.s In the until ni of coulcs-don iuit cvUlcuco must ho pltMiUul State vs OliU'hiMtur r.xocpllons froniditKe county. Kxi-eptlnns overruled. Opinion by Mr. Justice Nurvnl. Mold , Unit | | U'itl votlnc nt n vlllaeo Motv Ion Is not luiiilsliiiblo tumor thn provisions uf eotlonstSl and iSJoftho fHiiilnalcode , lleer vs Tlwvor. UMnrunu'nt tuilonvl. btntuvs Nebraska tllstlllliiKUOinpativ , Ar- Rued and submitted on motion touiodlfy do- ive. ive.Tlio following- r > s were nnrucil nnd sub- nittod ; Hobhs vs Hunt ; iMcUiiuuo vs ( Irao- cr : O.islin vs Oraeior ; 1'nlrli'U vs 1'nuUon. UoorpJ 1 * . Kay , i > iiof | 1 'helps county nnd \ L. Porter of Iliirhiii iMiuily were ndiiiltlod o prnctleo. The foltowlnp i-ausos wrm nr- ; nc'l nnd suhnilttcd : Swift vs ( . 'raw ford , on m'tloii ; First Nntloiinl liank of Donvcr vs jiwivy , on motion ; Hnvhor vs Tivltcliko ; Hborn , va I'ninlclil ; IIitKlios vs IJoburii : layward vs Untune ; Murphy vs Omahiij vaufhold vs Alison , dismissed. Court adjourned to Tuesday , Kelirnnry 10 , S'.Ci ' , ntli o'clock a. in. , whoa tlto C.IUSIM from ho fourth district will ho called , onus . \ NII INIH. ( Icoruo MrMlllnn , the tottniMor nrroaUxl on hi ) obnrge n ( cruelty to iiiilnnls , was tried wfore .lustlro V'oxworlhy nml illschargod , here not hulng ovldonco onougti lo convict iliu of the rluifKU. Kepiwentatlvo.l. N , Mounlcft this after- ifloit on an Itnimrtnnt business trip to Sioux 'Ity , In. , and Augusta , tin. IIo will return on Wednesday. ATT.IVH ttXIJA.XKit.tI , JIIJr.S. X 3IlniiiHolfninn ClnirgcM lllni Avllli n llrntal Indian Mim-4ncri' . MiNNTAt'oux , Mltm.l'Vb. fi. The Kvcnini ; lournalhns published an interview on tlui re cent Indian troubleln , wlilchatoriidefen , ( < < uof ho Iiulians In the riven t serlmmago by n imminent Dakota iimn whoso name is ivltti- ieIdOus I3eiulieua resident of St , l'auland vldely litiown among the Indians of the lortlxwcst , says : ' 'Thowhole truth of this sad business will come out some day. 1 think twas two months iirccediiiK the Ouster nassncro that Cienoriil Miles and his soldiers rushed in upon .111 Indian village iu Montana nnd shot down every man , woman and child la it , without mercy. Tlioro wore letwccn two ami tnreo hundred ndinns killed. The village , being far from the telegraph , information of the horrible iffair was not known until after the ( luster nassacro auditionuf , course , the ptihllomltid was so occupied with the Uustorinmsacro that 10 attention was patel to the previous massa cre of Indians.1' After speaking of the breaking of treaties , ilcnullcu salil : "The Indians throughout tlio entire nnrt b- west are collci'tltiR facts reg.vrdiiiK thu Miles outiiigo in Montana and the falluro of the worninetit ovorywlicro to keep treitios , Certain chiefs will ho doslKiiatcd to o to Washington to present their wrongs and 'riov3iices and , more especially , to expose .lio whole truth in regard to tlio outrage committed before the Cust'-r ' massacre. " A Vigorous Denial. CitiCAeio , Fob. -Captain HiigRins of jcneral Allies' staff , after carefully raiding : ho Mlimenpolls dlsjiateh , said : "That massacre story Is nbsolulely nntruo. N'othing iu which Oouoral Miles was en gaged ever occu rrcd that could remotuly sug gest it , In all the numerous occasions when .Soncrnl Miles lias cnpluvoil Indians It nas been really astonishing how few were killed or wounded , At. this t line Ihu onlyuffnlr that [ remember in Montana , where considerable Indian women nnd children ( I'iegans ) were killed by troops.was ioveral years before the Custor innssacro nnd General Miles had nothing whatever to do with it. " Ait Ohio Mir.iulo. Si'iiixorniU ) , 0. , Feb. 5. [ Special Tele gram to Tin : Hnit.J Mrs. George Tyrco has been suffering with consumption nnd spinal trouble caused by a fall. To all appearances she died. An undertaker was summoned , when the womnti rose ami said : "I've corno back to be baptized. " She insisted on being immersed , and being inmblo to go to cnurch , the metallic casket in which she -was to have been buried was Tilled with water and she was lifted into it. Then , raising up in her coflin , she cried , "Glory to God ! " She was laid hack on her bed , apparently much strengthened , and her [ ihysidans no\v hold liopes of her recovery. n : | inI > licaiiH Attacked l > y Soldiorn. BvncKi.oSA , l''cb. 5. At a peaceful demonstration - stration In favor of the republican leader , Salmeron , the crowd was charged by a troop of mounted gendarme * . They tired their pistols and carbines right nnd loft , wounding several persons more or less severely. The government will bo asUed to orilor un lnqitir > into the conduct of the olllcur iu charge of the gendarmes. A \Vichlia Itnnk Kill . WICHITA , Kan. , Fob. fi. The First Arkan sas Valley Inuk , the oldest In southwestern Kansas , posted a notice this morning that owing to an Impossibility to make collections nnel the stringency now prevailing , payment was temporarily suspended. Tno assets arc said to be inoro than sufficient to pay all lia bilities , which are about SIS5.000. A llridcsmalil Dies tt.lie/Vltnr. Jiirrr.itsoNViM.i : , Intl. , Feu. B. [ Special Telegram to Tin : But : . ] Miss Lizzie Stlckan of Sellersburg , went to Cincinnati to attend the wedding of a friend as bridesmaid , When the ceremony was about to tnko place Miss Stickan was sei/ed with honieirrhagc nnd licforo the horrified guests could summon assistance she died. Iticli Tin l-'lnd. SA.X AXTONIO , Tex. , l-'eb. 5. Tlielarfiestnnd richest vein of tin known to the mining in dustry of the world bas been discovered in the old Dallas mine shaft , near DuraiiKO , Mexico. The owner und discoverer of the vein is.lohn I'ershmnker of San Kranclsco , Ilo will begin oiwrating it immediately , An Alllanoo Stnok. Association. WICHITA , ICnn. , Feb. 5 , A nuinhcr o : prominent alliance men organized hero todaj the Wichita Liivo Stock assocUtion with t capital stock of $100,000. Complete contro will bo taken , so far as possible , of all ship incuts of stock hare by alliance men. A Now IllHlum fo Niw : YOUK , Fob. 5. Tbo house of bishop' ' of the Episcopal church of America ha ! selected Hev. Henry C. Sweatrell of Scran ton , 1'a. , as bishop for the missionary Juris diction of Japan. UiiHitlariod Tmurn ; krr.i. TJITTM : IJoric , Ark. , Fob. S , It is sMii tha In conscqucnco of a shortage In thu stall treasury the treasurer has rofusoj to pay tin ( numbers of the legislature , as no funds an available. Nine Children I'lirncit to Dnntli. Moscow , Feb. G. The orphan asylum Ii tills city burned last night. Kino children perished in the llaincsand a number of otlun were so badly Injured their lives are dls paired of. of.A. A. fllrl 1'aminr CrciiintiMl , WATKUVIU.K , Me. , I'eb , C. The city pee house burned this morning , Ono inmate , i girl of 11 f teen , was burned to death. Thlr tee a escaped. COXCHESSlONilL PROCEEDINGS Senator lugallj Defines His Position on tlio Closure nml Elections Bills. * AN APPROPRIATION FOR PENSIONS , lir iijlit-llt : > ur IU1I CiniHltlrrml lit llio Snuntit Sennlor li\vos ; ! ) nu AmiMiiliuiMit At OdilM on Appropriations. t'Vb. ' 5. Among the bills ro te thu senitto nnd plm-oil on the calen dar wui 0:10 : for an Ineruisij of the pension of the widow of Cicnornl Ouster to (100 por- mouth. Mr. Ingulfs , rising to a ( lucstlou of privi lege' , muile ) ritdiiluiiiciit In rog.ml to Ids nttl- tilde on tlio clout IM rule ami the fkvUon hill , which liosnlil lutd boon the subject of ootu- meiit , of ciMisuro and of niilmiilvrrslmt. Ilohnd boon opposed , ho Mali ) , uimlUirulily opposed , to the ) adopt ion of the closure fo'r tunny ivusons stilllnont and iiiltafiictory to himself. 'I'ltero worn those pmsoitt who knmv Unit , many months ago , while occupying llio chtilr in the ulisotico of thy vii'i'-p'-trsldont , ho resisted iniiiiy urgent Importunities and tinny slivmious solicitations to co-oporato In that direction by inelh- ods which ho than lie'linved nnd noiv biillovetl wore revolutionary nnd wilixortlvu of thn finiiliiiiieiital pilnrlploi of constitu tional uovorntnont. llolnul not v.lnco seen itny occasion to change or modify Ids convlei- tious. llo was now nml always had been in f.ivoref n just and Impartial oloi'llon Inw , directed allluMiualnst ferro nnd fraud , nonpartisan - partisan nnd applicable equally to nil parts of the nation. Tlio men- surounder consideration , hev.vovor , did not , lu many of Its details , rorelvo tlio sanction of his Judgment , Knppoutvdto bo ciiinlnims , ooinplit'iitod , olmcMiro in many of Its provis ions and ilHllnilt of atiulicaUon. In order to Kunrd against the imiirlmont of any such measure Into a law in hli atisencoiiml with out amendments which ho rogiinli-d as essential to prevent dangers not loss distinct than those which It was in tended to obviate , ho had reserved t'lorif'htti ) vote in his absence with llio re publicans who favored the consideration of other important measures unless these inoiii- llcntions were inmlc. llo hnd no arrange- mcnt , agreement or tmiliirstiiniliiig , expresser or implied , dlfiet or indirect , roinoto or ooiitln ont , to have hu vote counted iiK'.ilnst thu unssa o of tin ) I'lcctlon bill , nml In that statement ho was convinced he would bo con firmed and corroborated by the Honutor ( Allison ) from Iowa. He was as ready nn\v , as ho hail always boon , to prooeeJ with Its consideration , Ho hud boon a repu bllcan since the parly was born. Since Unit jierlod ho had novel-espoused a cause which ho bo- lleved to ho wrotiK beeattso It win popular mill hail never rufttscil to ailvooato a cnuso \vhlch ho believed to bo rlut | because it was unpouular. Mr. Allison deemed it due to himself to say that on every occasion when ho liml nn op portunity ho had stated distinctly that hohad impair with Mr. Ingallsoii the vote rosport- Inir the elections bill. The pension appropriation hill was then taken up. It appropriates for pensions for the year SitiITiWO : : : ( ; f or expenses , Jl , 87JUOO. In course of the discussion Mr. Mol'herson inquired whether tlio ninount upproiirlatod would bosulllclunt for the year. Mr. Allison believed It would bo , but admitted that there mitiht bo n deficiency of f.l.OOO.IKH ) , fiOOOOlH ! ) , S.StnXXW or $10OOOtXX > . On the other hand hero might ho a surplus , but bo thought it more likely there \vould lie n do- Helen cy. Mr. McPhcrson asked how many applications had been made under the net last year. Mr. Allison ave the numbed up to January 11) ) ns ri'JU.OOO , of which only 8 , ( X ) orfl.OOOIiad he-en yet allowed , Mr. Quay moved to mid to the provision as to fees u proviso that it shall not apply to any case now pending where there is nu oxislitiir lawful roiitruct. Tills was agreed to. Mr. CockiTll moved to insert a provide ) that , hereafter , no foe or compensation for miy ponston Attorney or ngcnt bo retained out of any allowance for pensions. There was u lout * discussion upon llio amendment , which was Ilnally disagrcuJ to on strict party linos. Mr. Coekrcll offer-ail an amendment pro viding that , hereafter , no pension shall ho allowed or paiel any ofllcur , tion-ooinmis- sionoel eifllccr or private lit the army , navy or marino corps , either on the active or retired list. .Agreed to. All the commit tee amendments having been atcreexl to , the bill passed , Mr. Stewart not offering the amendment of which ho baa ( 'ivcn notlro , to insert the free coinage bill us a Dart of the liensiou appropriation bill. The senate took up the house bill to pro vide for the adjustment of accounts oi hi- liorcrs , workmen nnd mechanics arising under the oinht-hour law , Mr. 1'awos ' gave notice of an amendment In May of a substitute requiring payment for over-time , notwithstanding any agreement to the contrary. The bill was then laid aside informally until tomorrow. Among Iho bills taken from tbo calendn anil passed wcro Iho following : House bill tii nuthorbo the construction of a tuiinul under ls'e\v York b.iv ; a house bill for the construc tion of throe Indian industrial schools In Wis consin , .Minnesota and Michigan , thocostnot to exceed $ ; w,0)0 ( ) each , The executive ses sion , adjourned. llotiso. WASIIIXOTOX , Keb 5 , The house , on mo tion of Mr. JlclCinloy of Ohio , ordered that dnriiiK the remainder of the session Iho house shall meet nt 11 a.m. The house then wont into committee of the whole on the sundry civil appropriation bill. When the paragraph providing for expenses of the Interstate commerce coniiulssion was reached Mr. Anderson of Kansas offered nii- nnicndinoat directing the commission to i : - < iniro Into tlio facts relating to the NVostern Traftlf assocliition. After some discussion , a point of order was raised against the amend ment. Sustained. The world's ' fnlr paragraph having been reached , it wis agreed that thedobjlo should bo postponed until tomorrow. Mr. lUnnil ot- feroil n silver freocoinaso iimciulmrnt to the paragraph providing forlhordcolimitu of gold and silver coins. Mr. Dinuley raised n point of order against the amendment. Pending de cision the committee rose and the bouse ad journed , A Chicago Koiimneo. CIIICAOO , Fob. fi. [ Special Telegram to TUB Bun. ] Frank Plcha nnd "William I'at- tcrsoii both loved a woman iinmoel Maud Williams , and I'attcrsou threatened to shoots Pichaon sight. 1'attorson met Piclm in front of the People's theater and , drawing a re volver , shot him smiarely hi the breast. Picha was tnkou to thu county hospital , but while lying on the operating table lliis morn ing , ho Jumped up , rustled past the iinr.se.s nnd attendants , nnd , wltli the blond stream ing from his breast , ran to Ids room on State strecu whore ho Ml exhausted. Maud , who occupied a room in the saino building , thcro- upon took iiiorplilno and Is iiying nt the county hospital. The physicians say Picba's endurance Is the inost remarkable in their experience. In Di'iivcr'H J'uHtollleo. DRNNKII , Col. , Fub. n. [ Special Telegram toTtiB HKI : . ] A lire was dlscoveroet In the postolllco building between 1 and 'J o'clock this morning , which coutureJ In tlio United iStatus marshal's olUco. It was speedily tub- dued , hut thu olllces of the marshal , ch'rx and commissioner were completely gutted. No damage was done to the niuiU , Highest of all in L .vening Tower. TJ. S. Gov't Report , Aug. 17,1889. Io I i ts 1 ir A&SOLUTELY PURE