Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 05, 1891, Image 1

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Argument" Before tlio Supreme Court in the
Quo Wurrnuto Case.
IiidlcntloiiM 'Unit ( In * Supreme ( 'unit
Will Hand MIIIVII MM ( Ipinlon
In llu > Cn > e 'I hh
Morning ,
N'eb. , Mnrch I.Rpoolal [ Tele-
grain to Tins llntl The attorneys hi the.
Hoyd-Thayor , In which the naturali
zation of lloyd Is questioned , argued Iho case
before thosupremo court today.
The attorneys for Oovenior Ilovil had filed
tx demurrer to the Information of ( iovei-nor
'J'hayor , which raised the following questions
of law :
I. \ \ betlipf fiovornor Thnyer wnspntltleil lo
ronlliniii In ( illicit as giivrriuir. rxrn Ibiiimh
Hiijd wns not n clt I/en of the t'lille.l Muti-s
'J. Wlii'lhrr the lleiilenaiit covi'inor did nut
Miccceil In the ( illlc-e of goU'rnnrbv nvmrm of
the disability of llutornur lloyd to hold tlio
Oltll'l' .
II , U'betiier Covernor Tliayor's term did nut
< > \ | > lici fiv Its ( iwn Iliultiittoii iinill.y 1 iNa ( I Inn-
to ipiailff anew and iJlvi' a ne\v liunil prior to
tbvcoiniiieiu-enii'iit of these iiroo
Mr. lln\ve's Argument.
"Tho learned coinnol for Thayer feom to
have entirely ovnrlouhod the fuel that one In
the actual possession of an dflleo under a
jirlnni tacle tltlo Illls , nbsoluteli anil indis-
imtubly , all the ldoi ; of a suiecssor eloeled
andqiiiilllleil. Whether tlio ) .rlma fade tltlo
shall ultimately ( trove to bo tlio real title Is
wholly Immaterial for this pnrposo. Tlio
successor is elected and quahffod nnd the
term is fimetus olllcio. This case without a
parallel Is to be decided under our own con
stitution. "
The grounds constituting incliginlllty ton
state olileo wcro then cited by Mr. Howe.
Ho continued ;
"That Hoyd is governor to all the world
except Thayer is admitted. Ills acts are
vnlUI.It is impossible to liavo a governor In
fact discharging thu duties of Ids office mid
to have a prior incumbent holding on to Id.s
term and walling for his stieeosw to bo
I'lcctod and ipinlillcd. llnyd's term bogau ,
this being necessarily admitted by Thayer.
AVIicn be admits lioyd's possession ho must
ndinlt that his own possession ceased to con
tinue. Thn familiar principle of corporation
law that if the existence of ai-orporationlnu
once conmieiiced applies to this case.
"Thero is no statute la this state that
makes ballots cast lor mid ineligible candi
date void. In n long line of cases , Kngli-di
and American , it is held that ballots east lor
n candidate known to the public to no ineli
gible are regarded in void , while that effect
la not attributed to ballots cast fora candi
date in Ignorance of his ineligiblliiy.
"In this state we have a statute , section 'JT ' ,
chapter u'i > , which iiiulsVlien : a person
whoso election is contested is found to have
received the highest number of legal votes ,
but the election in declared nml by reason of
legal disqualification on his pait , or for other
causes , the person receiving the next , highest
numberof votes Hindi not bo declared elected ,
but. the election shall bo declared void. '
"To this section wo may look for tbo true
intent nnd meaning of the law. There must
bo an ascertainment of tlio fact after trial
upon hearing ; the fact must be found andde-
clarod. Until then all presumptions must be
indulged In favor of tlio prima facie title.
Till then the election is not void , but void
able. Has Thuyor any such Interest in tlio
ofllco of governor of Nebraska as to cntltlo
him to prosecute these proceedings ! "
Mr. Howe then cited sections ) , liaimI of
the state constitution hi regard to the qualifi
cation and election of state olllcers , ending
with the words : "Tho person having the
highest number of votes shall bo declared
elected. "
This , Mr. Howe insisted , .Is tbo olllcial
notification provided by the constitution to
be given the legislature of thonorsons elected
to state ofllces , and these persons declared
elected nro to enter apon their duties nftei
qualifying according to chapter 10 of the re
vised statutes. Mr. I lowe declared that such
persons are to hold olileo until ousted , elthei
until lie is ous.eil by mandamus of thu supreme
K premo court or until his conduct is heard and
determined bv the legislature. Until they
me officers do facto. There is no inethoil
pointed out by law for ascertain ing the per
sonal quiilillcatloiis of a candidate prior to
his elect inn and Induction into ofth-e , Undei
the constitution Thayer's term of oi1lo ex
pired when his successor was elected anI
nullified in fact. The word "iinallliod" in
the constitution lias no reference tothoellgi
bilityol liojd.
" \VhotlierornotBoyd possesses the personal -
sonal att.-ibjtes , such magoand cltlzcnshin ,
rendering him eligible to tbo otllco of gov.
onions n question which cannot , under tlu
form of procedure described by the eonstitu
tlon , no tried and dotrnnl-icd until Thavei
has stepped down and out of olileo and Hovi
has taken the oath , given the bond and as
sumed the innctloris of olllce ami onteren
upon the nerforiiiaiu-eof Us duties. The eon
stitution provides that in case of tlio death ,
Impeachment , failure to qualify , resignation ,
absence from thestate : or other disability u
the governor the duties , powers and eniolu
incuts of the oftleo. for the residue of the
term or until the disability shall bo reniovci
shall devolve upon tlio lieutenant governor
"In case Thayer's claim is just , ho sliouli
have roiiunlUlcd within ten days. It is par
of his case to allege that ho has done so
Otherwise Ills ottlee , if he has one , Is vacant. '
HitWobsur'n Argument.
General Webster then followed and spoke
In brief as follows :
May it please your honor , I have heard i
said wuny tiini'- , and again Intimated todiu
In this itrescncc , that I am not prosecuting
this litigation in guod faitn. It has been sail
by persons , ninnni ; the by-ways and hedges
that I have ret-oived n princely fee from sonu
corporation to carry on this proceeding ,
wish In this manner , once and for nil , to denj
till such charges. What I liavo donu an !
what 1 shall do In tht.i case is in the intcros
of ono whom 1 believe to lx > the oiilj
constitutional executive officer of this state
1 am one of the o persons who believe that
wo have n constitution , and wo should oboj
it. This court 1s organized , and It sits hereby
by virtue of that constitution. I am sur
prised that learned counsel ask us to dlsro
card the constitution , and ask the uld of this
august tribunal to keep In tin. exccutivechah
of this state a person forbld.len by that eon
stitutlon to occupy thai chair , and do it
upon the simple argument that possessioi
Is nine points of the law , and dofj
all the world besides on tlio simple proposf
ticn "what business Is It of yours : " ft is
too much , In my mind , Ilko treading the con
( .million of our state under our feet for the
loaves ami fishes of individual ambition
How stands tliis case niton the records as
presented ! It stands admitted that the do
feiulant , who is performing the functions o
the olllce of governor , is not a citizen of the
United States. Ity the constitution of the
state ho is forbidden to nerforn
those duties , wo witness the fact
that the person so claiming to bo
elected governor , as set forth In
tlio brief of my learned friend , as the choice
of the people of this state , has not so far con
descended from his high portion to tell the
people by what authority ho claims to hold
the olileo. On the contrary , he comes before
tliis court with a motion or demurrer ,
disdaining to toll us that he is a clti/on
of the United States. I , for ono , think
it unbecoming the dignity of so lilirh nn
olllce , to practice this .sort of thing be fora
this tribunal on tills occasion. With this
preliminary smte-.tion ; , let us npnroach more
nearly the real question under discussion.
Let us see how It is or how it may bo , that
counsel can cotno before the court and in
sist upoin the proposition that the term of
v r nftlco of Coveraor Thayer has expired ,
merely as ho putt it , upon the fact , that ho
Hepped out of tlio executive chamber , or that
1 another man .stepped into It , whom the con
stitution of the state says shall not da
Ite That uiviKtsJlion , slated in other
\\ord.s. Is idtn | > lv. that If tin1 i-xecu-
ive olllcer of this state should hap
pen , tc'iniHirarlly , to bo nut of Ids
Iniinbers. nml a "usurper should step in nnd
mid the oftli-i- for slv weeks , as tic puts It hi
his printed brlof , that that fitcl depiivo.s the
constitutional olliccr ol his tltio to the ofllco
and tiiin fors It to a usurnor. 'I ' ho discussion
has gone so fur upon the penerr.l doctrine- ,
oonriMlliijf that the constitution nf this state
forbids the ilufendant to occupy tlio olllce of
gournorof this state , that novi-rlheles.i , In
ilelhiucoof tlm constitution , ho is such offi
cer , nnd Hint ho holds that olllce upon the
suggest Inn , that the elect Ian win Voidable
and nut void. I believe it to ho rather an
Immaterial question whether that election bo
void or voidable because the insult logically
must bo the same. 1 supjioso Unit what
counsel means when lie says the nleotlon is
voldab'e ' , ami nut void , Is Hint when this
court shall liavo declared in its Judgment
that tliodofendiuit is Ineligible to the olileo ,
that from that lime it becomes void by reason
of that Judgment , but that during tl'o Interim
his acts inv not void. The wav I look upon
that question Is simply this : When the re
sult Is icaebcil nnd the judgment of the court
pronounced , that tbo defendant under tbo
constitution Is forbidden to llll this olileo ,
that when that judgment is pronounced he
does not llll It. he Is ousted from the olileo by
reason of the constitutional provision. Th'Mi
wo shall liavo reached the same result
whether you talk about tbo election being
void or voidable , or whether wo start out
with the statement that It was void from its
inception. 1 cannot see how It materially af
fects the question under discussion. All law-
vcrs will concede the proposition , that It has
become crystalled Into the law of this eoun-
trv , when a person Is elected to an ofllee ,
who Is declared by Iho cimntitntion in
eligible to hold that olllce , that thoelectlon Is
n failure and I do not euro whether you reach
the result that it Is a failure by the assertion
that the election was voidable , or whether
you reach that result by declaring that the
election was void.- You have simply got ,
what every law writer and every judpo who
wrote upon tlio question bus sulil , that the
election was n failure' Howls it to bo said
that lloyd was elected , if the election was u
failure. In the case inest Virginia the
court said it seemed to bo the uni
versal law of this country that where
thu person who received Iho highest num
ber of votes was Ineligible to llll
the olileo , that tbo person receiving thei.o.xt
highest number of votes was notcntilled to
the olileo , but that the election was a failure ,
and that there must ho anew election , to
elect a successor. The closing language of
that court upon that question is , "that there
must bo a new election to elect the succes
sor. " Is it not apparent that wo reach the
sanio conclusion , and that so much tlmo
spent over the word void and voidable ,
as applied to au election , hi a great
measure is a waste of time. 1 dwell thus
upon It because it is made the strength of the
argument upon the other side , to lead to the
conclusion that i.f Iho election was simply
voidable and noifroid. that when this court
shall have pronounced its judgment that the
Incumbent Is Ineligible tn the oflice , that you
have pronounced a judgment , which declares
that tlie rel.ilnr . in tills case has no personal
interest in this cunt rovivsy , but that the lieu
tenant governor is the only person conccrac.l
in it. Lot mo follow that line of thought a
little further , 1 ' -onio to deal
directly with the sections of the
constitution of tnis stuto which must
sol vo tlio problem. What 1 liavo
said touching a void election is not a new
question. It is a proposition which lias been
deimtcd by the wisest men of this country
before my friend or myself had very much to
iin. if anything , with the ; practice of law.
( io hack , if your honors please , to the
curlier history of this country and take the
case of Albert ( i.illatin. He had taken the
onih of allegiance In Virginia In 17b.1 and
afterwards removed to the state of Pennsyl
vania. In the1 year lT'.it ' : bo was elected a
senator from the state of Pennsylvania , Ills
nine years of citienshlp had not expired , to
qualify him under the constitution of
the United Staics to ftiltlll the
oftlco of a United States senator.
When that case caino before the nenato of
the United States t he enininittco to whom it
was referred reported the facts to the senate ,
accompanying tlio report with a resolution In
which lliev n-cited the facts in the case and
declared that the election of Albert ( iallatin
as senator of tlio United States by reason of
his want of citizenship was void. Some sena
tors arose in their places , as inv friend doci
here , and sought to draw a distinction bo-
twren the word void and voidable , and under
took to cause a division upon that question ,
and asked that the resolution bo divided , and
Ih-st to time a vote upon Iho resolution as de
claring the elections. Let mo call your
honor's attention to the language : "He-
solved , That DID old-Una of Albert ( lallatln
tit bo a senator of the I'mted States wus
void , ho not having been a cili/.en of the
t'nlted States fir the term of years required
as u ijualillcatiiiii to uo a .senator of the United
States. " After a division of ( heTt'solution
after the word void , tlie vote was taken mid
the vote of ttie senators of the United States
sustained the word void in tlio resolution ,
and afterwards the icsolutioii as an entirety
was adopted.
Later in ISI'Jtho ' same question again pre
sented it-.cH in the United States senate ,
tlencral Shields , a man of yi-cat fnnio and
reputation , and I may remark casually m
passing , the only poison in the history of'this
si-pat government that ever filled the olllce
of United States senator from three states of
this republic , had been elected United States
senator from the state of Illinois
and proceeded to take his scat in
the United States si'iiate. It happened
according to the record of his naturnlUation ,
that his nine . \ears of citizenship would not
have expired until the month of October ,
IMH , while lie was proceeding to take his
seat on March I , IMI. | ; So Important was con
sidered Iho question , that the scnato declined
to refer the ciiso to any of Iho regular stand
ing committee * , but appointed u.special com
mittee , made up of tlio oldest senators , to
consider the case. Hut. my friend rcmarknd
in pissing , that wan nothing moro or less
than a political machine , nnd that
politics divided the. opinions of the
senators. 1 le must liuvp carelessly read the
record of that caso. Kvcn the political
friends of ( Shields for-onk him In
that contest , and east their votes with those
of the opposite political faith. There was no
political line drawn in tho-tcnnto in that eao ,
as I shall show your honor * when wo comu to
canvass the proceedings. In the selection of
that committee , the celebrated Thomas H.
Henton was made chairman and among the
members were found such men as Senator
Picrco , Daniel \Vobi ter and others of like
repute. In that case tlio committee reported
a like resolution back to the senate for Its
"Uesolved , That the election of James
Shields to be senator ot the United States
was void , ho not having been a citizen of the
United States the twin of year * required as
a qualification to bo senator of tlio United
States. " Uefore transgressing upon vour
honor's tune fart tier , I desire to dwell a little
while upon what some of these senators said
upon tlie discussion ol this question. L.etmu
put before-yon what brought on the debate.
Senator Douglas sought to have the matterso
manipulated that the governor ot the
state of Illinois migtit appoint a suc
cessor. To ' enable the governor to
appoint a senator , it was necessary
to I'reato ' a vacancy In the senatorsldp , held
by Cioncrnl ShSi Ids. If the election was
void and ( Joneral Slilel ds was never senator ,
the vacancy dated back from the retirement
of his predecessor , and it would have boon
necessary to elect by the legislature. Your
honors will see how Important that question
became. Kvcry member of the legislature
agreed upon ono proposition , that
Shields could not hold that olllce ,
and that ho was not a sountoi * .
It was contended nevertheless by
Senator Douglas and Senator Footo that the
election was shindy voidable. , and not void ,
and therefore there was some kind of a sen
atorial title vested In ( ioncrnl Shields , nml
that such title as it was ho could resign , and
therefore create u vacancy. Thereupon (3en- (
cral Shields wrote out a formal resignation
mid presented it to the senate , and lo and
behold , the statesmen of that day said , ' -you
liavo nothing to riMlgn , you cannot resign , '
and fur a day they refused oven . to allow the
paper to bo read in ttie hearing of the son
ate. During that interim the dlscussloi
went on over the effect of the elec
tion of a person to a public oftlco who
was forbidden by the constitution to boh
that otllce. What was said upon that occa
i > nnutti i.inr.i : . \
Suicide ofl n Young lie-
drew Theological Sliitlenti.
fiM-is-NiTi , C ) . March 4. -I , . Fruuenthal
of St. Louis anil L. Salinger of Philadelphia ,
t\Vo students at the Hebrew Union college In
this city , wcro found dead in their room this
The young inoii tonli their own lives ac-
" -ordlng lo n preconcerted ari-.iiigonicitt.
t Is asserted l > y thoh fellow students
hut the yomi&r & moil must have been
lemclitod on th subject f hypnotism. Sa-
Inge i- for a long lind been a firm be-
lover In it. I'rain-nthal formerly scoffed nt
t , but lately Salinger had won him over , nml
seemed to have complete control over him.
l-Vrsoiho tlmo past had been
'ailing olT mentally ami physically , and fro-
lucidly complained of pains In his head.
They loft a Udnt note , asking that their fain-
lies' be notified , but vnuchsntlni ! no explana
tion. Salinger was still alive when founi ! ,
md said before expiring that , they had agreed
o die together. His diary had an entry ,
saving ho was going to end his never ceasing
tain. _
Kesolullons C * < tneornin ( Jovonimcnt
Coin nil Adopted ,
\ VSHIMITOMarch , - --At the morning
session of the convention of the state railroad
commissioners a general dlsi usslon of the
resolutions offered by the committee was
md. The resolutions , as adopted , sot forth
that It Is competent for conpi os * and the Icg-
slatures of the various statot to regulate
within their respective spheres rates on
freight and passenger traffic , subject to legal
and constitutional limitations. It Is within
the power of congress and the legislatures to
.lelegate the power of reasouablo regulation
of rates to boards of commissioners , and to
niako tnulr llndings upou questions to bo
iicard , as conclusive and binding upon courts
as the findings and acts of other adnilnlstra-
ivooftleers. That uniformity Is desirable hi
congresalonal and state legislation on the
subject of rates.
The next subject taken up was car-couplers.
George ) Starblrd , the representative of tbo
Switchmen's Mutual Aid association , made
a strong idea for uniformity In couplers. Ho
had no particular typo to recommend.
All who spoke upon tlio subject favored
legislation looking , to the Introduction of
some form of uniform coupler on freight
On the convention reassembling this after
noon the committee reported a resolution.
which was unanimously adopted , that
a committee oo appointed to urge
upon congress the Imperative need for ac
tion tty that body calculated to hasten
and insure the equipment of freight cars
throughout the country with uniform auto
matic couplers and with train brakes , and
the equipment of locomotives with driving
wheel brakes , and to present and urge the
pass-igo of a bill therefor. A resolution con
tinuing the committee on reasonable rates ,
with instructions to report to the nextcon-
leroneosueh further facts and suggestions in
connection with the subject as may bo
doomed desiraolo , was adopted , as also was a
resolution that the committee to whom the
subject of automatic couplers and continuous
air brakes was referred , should bo requested
to consider and report to the next conterenco
of railroad cominUslonorri upon tlie ex
pediency of requesting national legislation
upon the subject of lighting and heating
passenger cars. _
lllniK-lKU-d's IMan a l-'ailm-o.
Cnif'Ano , Mnrch 4. [ Special Tologr.un to
Tin : Br.i : . ] General Passenger Agent Smith
of ttio Lake Shore has written a lottftr to
Chairman Dlanchard of the Central Traffic
association saying in brief that the lattcr's
plan for the stoppage of commission pay
ments is n failure. In his letter Mr. Smith
says the Grand Trunk nud Niagara l-'alU
Short Line are both paying commissions , in
stancing particular cases of recent occur
rence where each line paid commissions in
Kansas City. Mr. Smith also knows of sev
eral other t-o ul which have said from the
beginning that thuy would pay commissions.
The Uako Snore went Into ttio agreement in
the lirsl nlaco with reluctance and now
it proposes to have Chairman lllanch-
aril en force it or by non-action
prove it a failure. The agreement
is a cast iron , and is signed by every cen
tral trallle and trunk lino. It provides that
any line in their territories paying any com
mission any where or any linooutslde of their
territory paying a commission in their terri
tory , or in territory to reach which their ter
ritory Is croiscd , shall bo boycotted by every
central traffic and trunk lino. The agree
ment was foiced on the lines by Chairman
Hlnnchard , few If any of them believing it
would stand the test. Ilo refused to bo soon
today a'nd it is not known what action ho
will tako. Knstbotind lines will demand an
early decision , however , so that they can
meet the competition. All of them agree
that ills ridiculous to suppose that tlio Grand
Trunk and Niagara Kails Short Line will bu
Xow 'loiirl < t , ( { at OH.
Cnirifio , March 4. [ Spaclal Telegram to
TIIK HUB. ] A conference of eastern and
western lines today made a radical departure
in rules regarding summer tourist rates.
From points south of St. Louis to the sea
board rates have always boon higher via
Chicago than via St. Louis , It was agreed
today that the rates via both gateways should
bo cqimli/ed. An interested line predicted
at the end of the meeting that the result
would be enough scalped tickets during the
summer to alone pay the scalpers' ' expenses.
The matter of rates via Chicago and via
Macldnno tnSt. i'.iul was also discussed by
the Joint committees of eastern and western
lines. It was agreed that the present rates
discriminated largely against Chicago and
four delegates from each coinmitteo were ap
pointed to prepare a now basis , in spite ol
tbo vigorous protests of various lines which
wished an earlier meeting It was decided to
day to hold the import-int lake and rail meet
Ing OP .March IS In Xew Vork.
Cnmliietnis liulleteil ,
Cmrvno , March 4. [ Special Telegram to
TIIK HBK.I The Cook county grand Jury has
Indicted Joseph O. Stokoloy and John Me
Curdy , formerly In the employ of the Kastern
Illinois as a freight conductor , for under
taking to bring about n general strike of
trainmen last fall and for the threats they
madoto tioup the road unless the company
dismissed certain employes against whom
they felt a grievance. Tno indictments have
been returned within the last day or two.
The company has steadily prosecuted the
caso. The penalty Is a term in the peniten
tiary not exceeding llvo years and a line not
exceeding S..OIK ) . The Kastorn Illinol'
officials are determined to teach these mei
that they must not stop a whole railroad sys
tem to settle a potty grievance.
Young Sherman Very III ,
NKW YOIIK. March I.- [ Special Tolcirram
to Tin : Her. . ] The youngest s > on of General
Sherman , named after his father and known
among his friends as "Young Cunip , " ' i >
lying very ill at the Sherman homo. Ilo wiv
overcome with grief over his father's dealt
and contracted a severe cold at n tlmo when
his nervous system was greatly overwrought ,
A Hlg Cnnlratit | ' , iiOie. .
S\I.T L , KI : , L'tah , March . [ Special Tele
grata to Tin : Uec.J-Tho liulllon Heck mid
Champion mining company today made i
contract with the Omaha am ) ( Jranl smoking
company for liWJ tons of ere per mouth foi
ono year , the ere lo bo delivered at Ueavor.
Valuable Salt Imko Properly.
S I.T T.IIKI : , Utah , March- ! . [ Special Telo
pram to Tin : Hue. I The city council has soli
one of the public squares to James II , Kacoi
of this city , for ? I.VOii ) ) ) , conditional that ho
build a railroad to Deer Creek , Nov. , u dls
, Uuucc of i.X ( > iuilo.3.
[ bo Congressional Session Adjourns with
All Appropriation Bills Passed.
lut ItVn * Passed by a Strict Party
Vote Si < ! ( 'clics by the Speak
er anil tin ; Vlco
\WiiiNiHov.Mnroh I. When tlio fourth of
March broke upon , the eapitol the corridor *
veronlmost deserted mid the galleries of both
louses were ulgh' The son-
nto hint tuheti a rccoss Just before
layllght until 0 o'clock and the hull of tlio
iiiiiso wns the SCCIIQ of litter nuil confusion.
I'horo wns an unusunlly largo attendance
of members , but Itvns nlso an unusually dis
orderly assembly. The speaker uppoaroil to
jo the most serene III the vast hall saving
certain reprcsontatlvca who tilted themselves
ck In tiielr .easy chair , or throw
hemselvcs upon ample lounges ami were
nero or less advanced toivard sound slum-
> ers.
Tuo sharp volea of the speaker rang out as
clearly as ever calling for order , and In re-
nonstratlng with unruly ineinbors who
sought to indulge in "horse play. " As
lie ilny crow signs of life outsldo the
mil of the house multiplied. Members who
lad stolen off for the night to their homes
jcgan to drop in quietly. The seunto doors
vero reopened and the large class of poopln
vho tiilto nn Interest In the congressional
leath struggle began to flock to tlio eapitol
and to scut themselves In the galleries nml
ho last day of the session was fairly begun.
Mow the Donate Put In Its
WvMiixoToy , March -I. In the senate ,
after the passage of the house bill to supply
iirtillclul limits to pensioners every three
years Instead of llvo years , the conference re
port on tlio bill for tbo reorganisation of the
artillery and infantry forces of the army was
reported and agreed to. Mr. Ilawloy ex
plained that the report provided merely for n
change of organization nnd did not increase
the army.
The house bill far the Issue of the commis
sion of Phillip C. Johnson as rear admiral in
the navy and to deliver it to his widow wns
A message from the house proposing a
further conference on the legislative appro
priation bill was prosoutod , and read and Mr.
Allison informed the' senate in connection
with It that tlio difference between the two
houses related soleljtto ; the question of the
annual vompensatioa'for the session commit
tee clerks and clcrhs'to senators. Unless the
conferees should ho o.tborwiso instructed , he
thought the senate conferees might bo ex
pected to recede substantially from those
At I n. in. Mr. . Allison returned to the
chamber nnd ' . tbo
preso'.tod conference re-
mrt on the legislative Wlltho nato receding
from the. .imenditujnU. as to "senators'eldrM
md session comihitteo' clerks , and leaving
hem still at a perdl-01 compensation , The
"to * " *
eport was agreed
The conference report on the deficiency
bill wns presented and read. Mr. Halo s > ad !
loarly all the terms In dispute had been ar
ranged. There were still unsettled
question as to the Pacific railroad claim , the
inymonts to the widows of Ciilct Justice
Waite and Justlco Miller , the French spoila-
.ion claims and the claims of states for
nonoys expended in the late war and the war
of 1M- . While the icport was being consid
ered , Mr. i'asco called attention to the fact
Lhnt although there was a motion pending to
rcconsioer the vote on the copyright bill and
to request the house to return the bill to the
semite , the bill had been signed by the
speaker of the house and had been laid on
thotuuloof the vice president , lie asked ,
[ tending action on his motion , that the vice
president should have his attention called to
that motion. /
The discussion upou 'Mr. Pasco's motion to
reconsider the vote agreeing to the confer
ence report on the copyright bill occupied Iho
attention of the senate nt Intervals up to the
horn-of . Mr. Pnsco
tatting a recess. com
plained that notwithstanding bis motion the
bill had been hurried to the vice president
and had received the vice president's signa
ture and was awaiting the president's.
The idea of the bill being "railroaded" was
angrily repelled by Mr. Pratt.
Mr. Spoonor had seen the vlco president ,
ho said , and had learned that ho had ( not
knowing of the motion ) signed the bill and
there the matter stodd when the hour of re
cess came.
In tlio meantime the conference report on
the agriculture bill was agreed to and the
partial conference report on the deficiency
bill was agreed to , a further conference being
At < > : l."itho senate tooka recess till 9 a. in. ,
at which hour It resumed its session with the
vice president lntho chair.
Mr. 1'asco's motion , made at the night
session , to reconsider the vote agreeing to the
conference report on the copyright bill and
to recall the bill , was defeated.
A further conference report on the de
ficiency bill was presented and read. Mr.
Stewart complained bitterly of tlio action ol
the conferees In rejecting tlio amendment to
reimburse the states of California , Oregon
and Nevada for expenses incurred in sun-
pressing the rebellion , the claims for
winch there were Judgments of the
court , while provision was made in the bill
for the l-'rench spoliation claims for which
there is no judgment of the court.
Mr. Halo promised that the senate cou-
feiees on the dellcleney b'll ' would endeavor
to seeuro as much m possible of the action of
the seuato on thu bill. Ho consoled Mr.
Stewart by assuring him the senate
was committed 'to state claims by
vote and by sentiment and that
it was only a matter of tlmo whoa they
would bo paid. In conuluslnn ho promised
the conferees would uioko a report In a very
short time. '
Mr. Sherman Interposed a motion for nn
executive session. The gallerlus were
cleared and the doors closed.
It was 10M o'clock when the doors wcro
reopened. The clcrk of the house appeared
nt the bar with a message announcing
that the house had agreed to the conference
report on the general deficiency bill. Im
mediately afterward Mr. Halo presented the
same coufcrcm-o report to the senate-and
moved Its adoption.
Mr. Stewart n-iketl - what disposition had
been made of tlie amendments in dispute. Ilo
wiis informed that the bouse conferees were
so Hi-milt their resistance to these amend
ments that it bocawo. u question of giving
up the.amendments or giving up the bill. In
consideration , mainly , 'of the largo pension
appropriation which the bill contained , the
senate conferees receded from the mnond-
mcnis and the amendments were now out of
the hill. The report was agreed to.
Mr. Morgan applied to bo excused from
further service on the committee on foreign
relations , but the senate declined to uccedo to
Ids request.
On motion of Mr. Edmunds , a committee
of two senators was appointed to Join a like
committee on the part of tbo house to wail
on the president and inform him that con
gress was ready to adjourn. Messrs. Kd-
iminds and ( liinnan were nppolnted on the
part of the senuto ,
Mr. Unnsoiti' offered a resolution , which
wns mmnlniQijsl.i agreed to , tendering the
thanks of thoEonators. to the vlco president for
the courteous , dignlllod and able munnuIn
which he had provided over thu deliberations
of the senate. .
The house bill for the protection of the
lives of minor.In tlio territories was passed.
A resolution was offered by Mr , Mitchell
htMi-iiCtlng the judlcnirv commlttoe to In
quire and report as to when the luws relat
ing to Chinese re-itrletlnn expired ; also
when the Chinese exclusion net of IsSS shall
expire. He explained that the object was to
have now legislation on tlie subject before Iliu
existing laws ceased to operate. The resolu
tion was agreed to.
At llw : : Mr. Mel'lierson , clerk of the
housi' , presented to the senate the dollrloney
bill , enrolled mid signet ! bv the speaker , and
It was immediately signed by Iho vu-o presi
dent mill carried to the pi-esldont.
Messrs. IHnlr , Kvnrtn , llninptoit , IngnlK
Payne and Spuuiiir , K of the s-enntors whim ;
terms expired nt iti.nii , were in the chaiulur
to the hist and gave no outward innnlrostn-
lion of concern or regret at leaving the old
familiar hall , all hough now and again one of
their associates approached to say inrowell.
Within ten minutes of noon , Mr.
Allison asked and obtained leave to
hav.o printed In the Uocord u
summary of the appropriations for this ses
sion. In the nature of things , he said , the
statement could not be prepared In a few
lays , 'I'o a witty suggestion of Air. Cochrell ,
Mr. Allison gave the reply : "It will ben
fair , candid statement of the situation , what
ever it is. "
Mr. l-Mmnnds reported that thit.eoimntttco
ippolnted to wait upon thn president In cnn-
lunctlon with n similar commlttoe of thn
House had waited on him and had Informed
Him that the two houses had concluded their
Ltuslness and were le.uly to adjourn ,
and that the president Had re
plied Unit ho had no further communication
to make. Meanwhile the ciork of the honso
iind brought over the joint resolution just.
[ tinsel ! to correct the error In the enrollment
.if the agricultural appropriation bill. Tint
Joint resolution was passed. It was tlio last
piece of senate legislation of the Klfty-llrst
L-ongress , but It was of no force or effect , for
befotii it could bo sent back to the house that
bodv had adjourned.
When no olhor business remained to ho
transacted , and when the clock hud taken a
thrco-nilnutes'step forward , at tlio touch of
the old wizard's wand , the vice nresldent
arose nnd Hindi ) his farewell speech , he said :
"I am admonished by the dial that tlie life
of the l-'ifty-llrst congress is ended and that
the hour of separation ami farewell has again
arrived , The r-cord is made up and has gone
into history. No one of us can be mimindfiit
as wo part of the fact , Hint all are not with as
who answered the first roll-call of this con
"I acknowledge with grateful sensibility
the courtesy and kindness which , even In
critical and complicated situations , the mem
bers of the senate have been accustomed to
accord mo and the honor conferred by Iho
resolution just adopted la my absence from
the chair. With the earnest liopo that
each member of this body may bo blessed in
every relation of life , I now declare-the. con
stitutional period of the Fifty-llrst congress
having been completed , the senate stands ad
journed without day. "
lit Ili
WASHINGTON' , March 4. At2:1. : the copy
right bill passed the house and went to the
After the conference report on the copy
right bill had been agreed to , Mr. llaugcn of
\Visconslu moved to suspend the rules and
pass the senate bill for the erection of a pub
lic building at l-'au Claire , \Vis. , with nil
amendment reducing the limit of cost to
S\000. The mot Ion was defeated.
The conference report on the agricultural
appropriation bill was presented , but the
house icfuseJ to accept it and a further conference
ferenco was ordered.
The conference report on the legislative
appropriation bill-was agreed to.
The conference report un the bill for the re
organisation ot thonrmywas rejected. Mr.
Cutcbcon then moved a further conference ,
hut this was rejected , thus defeuting the
Just us the gray light of dawn began to via
with the gns and electric lights illuminating
the house , Mr. Cannon of Illinois called up
the disagreeing report on the dofidciicy ap
propriation bill , the remaining points of dif
ference being the anpropriation for tlio pay
ment of the Central Pacific railroad for thn
transportation of troops and for the payment
of the French spoliation chums. The report
was adopted and Mr. Cogswell of Massachu
setts then moved that the house recede from
its disagreement to the French spoliation
claims amendment.
Mr. iHutlcrworth maintained thfit the
claims had no proper place on this bill nnd
there was not a trace of justice in them.
Mr. Cogswell's niotioa was agreed to.
Mr. Ilolnian , hiwlng changed his vote for
that purpose , moved to reconsider.
Mr. Cogswell moved to lay tlio matter on
the table , which carried.
Mr. Dockcry offered a resolution directing
the house conferees to insist on the disagree
ment to the Pacilio railro.ul Items. Adopted.
On motion of Mr. Cannon , the house in
sisted on its disnj.'reeuient to all the remain
ing points In dispute.
Mr , ( irosveaorof Ohio moved to suspend
the rules and pass the senate lull appropriat
ion ? .M,0H ) ( ) for the erection of u monumental
building at Marietta , O. , in commemoration
of tlio settlement of the northwestern terri
tory , host.
Mr. Burrows of Michigan having taken
the chair. Mr. McKinley offered the follow
"That the thanks of this house bo pre
sented to Hon. Thomas H. Heed for tlio able ,
Impartial and dignified manner in which ho
lias presided over its deliberations and per
formed the arduous and iniiiorlant duties of
tlio chair. "
Mr. Mills demanded the yeas and nays , anil
tlio resolution was agreed to yeas , 1V ; nays ,
llll a strict party voto.
The republicans Immediately hurst Into n
volley of cheers , which only redoubled when
Mr. Mills inquired whether Unit was part of
the funeral services.
Mr. Cannon oflllinois submitted the cop-
fereiao report on the general deficiency
bill , and wlillo ho was explaining
tlio report the speaker resumed the
chair. 11 is appearance was the signal for
an outburst Irom the republican side. I'apers
and records were tnrown in ttm air , hand
kerchiefs were waved and for a few moments
thi' chamber rang with cheers , nut through
out the tumult the speaker was calm and
with a few vigorous strokes of Ids gavel re
stored order.
Then Mr. IJreckenridgo of Kentucky , ris
ing , p.iid a warm tribute of respect to thu
chairman of the committee on appropriations
iCannon ) on the floor , in coiiunUteo and in
personal contact. He said Mr. Cannon had
always earned the gratltudonf thn gentlemen
on tlio democratic side. ( Loud applause on
both sides of the chamber. |
The conference report on the deficiency
bill was agreed to , thus disposing of the last
general appropriation bill.
Mr. Fun ton of Kansas moved to suspend
the rules and pass the sanato hill for the
erection of a public building nt Kansas Citv ,
Kau. , at n cost not to exceed fl.'ilK)0. ) ( ) in
speaking to this motion Mr. Sprhifrop of
Illinois congratulated the country thai the
era nt troisury raids was now at a close.
The republican party had bill lUty-llvo min
utes in which to put its hand in the treasury
and squander the people's money.
Tlio motion was lost , not receiving a two-
thirds voto.
On motion of Mr. MoKlnloy the speaker
was authorl/cd to appoint a committee of
three members , to join with the committee
nppolnted by the sennte , toult upon the-
president ami Inform him that the two houses
were ready to adjourn unless ho hail sonic
further communication to make. Messrs ,
McKinley , i'ayson and Mills wcru appointed
as such committee.
Mr. Hcldon of Now York moved to sus
pend the rules and pass the bill for the relief
of Henry S. Khodos. The jeas and nays
wcro ordered , hut were Interrupted by tlio
speaker with the statement that thu enrolling
of the agricultural bill anproprhitingMMi.iKX )
fur the relief of destitute [ orsons lu the west
had been Inadvertently detained. Ilo thorn-
toro asked unanimous consent for the p'is-
sagoof n Joint resolution rectifying the mis
1'lcklerof South Dakota objected , whcro-
upan Mr. r'uuston of Kntms vigorously ex-
clulmed :
"Hlmuio on you. ! Shame on you I You
villain ! You villain ! "
Hut Mr. 1'icklor subsequently \\lthdre\\
tils objection nnd the Joint resolution naKscd
Speaker Ueedthen rosoami said : "Aflei
two long and olormy sessions , in sumo ro-
spect.Hiiiipn.-A % , I In the hundred voiiw of
tin' house of I - leutallves , thu Fifty.first
ivnuress will s' < a - with a completed ive-
diil into tlm his .if the cnnntrv , mid Its
work will fdlhM What wehave done was
In a largo mni'nolltleal. . WhiUever Is
political rmiMu t. ernest , turbulent ,
most unl'iiiv-lvlusJ , .sinus ol the human Political . . .etlon can mnvr bo
Justly viewed from u near standpoint.
Tlmo and dWnuco are needed for ripe judg
ment , and the verdict of history Is the only
verdict woith recording. To state. In
language whlell would seem to mete
to he mh'nuate , the achievements
nt the house would not ho suitable to this
Imo or to this place , nor Is
I in Iho least needful that
should heivand now ivltlndlo old disputes
r fan the dying embers of the struggles of
ho past and gone.Vhelher wo Inivo dls-
Msed of questions of finance with wisdom and statesmanship , tlmo will smvly show.
Vhi'Hier , In the lhlng wo havcdoni : and the
hlngs wo have attempted for the furthor-
nco of human liberty , wo were
ctualcd by high nml honorable
lotivei will be vtMnlo to ah the world at no
istant day. Our net ions are catalogued. All
numeration and pralso by ourselves
vould bo all In vain. If our deeds
not praise us , 11111- words cannot.
Ymlldent as 1 am of the verdict of tlmo on
bat w t have done , 1 am sill ! moi-o
oniident that the highest commendation
vlll ho given us In tbo future , not for
rlmt measures we have passed , valmuilc as
I icy are , but because we liavo taken so lonir
stride In tlio direction of rosponslblo
ovornment. Having demonstrated to
lie people that those who have heen elected
i ) do their will can do It , henceforth excuses
vlll not be taken for the performance and the
ovornment by the people will bo strong in
lie land.
Toward tlioso who have opposed
rhat the majority of thu house
as desired , wo can liavo no un-
indly or personal feeling. Whoever otters
jut tin to old convictions nnd faiths must ox-
lect a battle and the vigor of the resistance
iiust always bear the same proportion to the
Igor of tno onset.
"To the members on my left , with whom 1
m politically associated , 1 tender my
iiost sincere and heartfelt acknowledge-
iieuts. Xo man over received
nero ungrudging and unllinehlng support , or
rein a band more patriotic. 1 am
rotid to acknowledge , In nil that
as been done , that 1 have
> een but ona in the multitude and that the
oners of the Fifty-first congress belong teen
on alone1. I now declare this house ad-
ourncd without dav. "
SVImiska , Inwn and Dakota IVmdnns ,
\Vniiixnro.v , March --.Special [ Telegram
o Tin : Hr.i : . ] The following have been
ranted pensions :
Nebraska : Original invalid - - Theodore
Jtirrow , William Class , Charles Israel , \VI11-
ain II. Dates , William T. Weil , Jeremiah
iurphy , l-'iMnkllii KjL'lloy , ( leorgoV. . l-'ra/ee ,
Washington Klliignian , 1-Ynncis Hoircr.s ,
'Union Day , Joseph T. 1'etit. Klcliard .1
[ 'ussy , ICilwanl Orlop , Thomas I'erdne , Jncob
j. Hlue , .lohn Nelson , .lohn Sehleelit. .lonn
f. Winter , Charles \V. 15 , liohorts , William
I. Perkins , Culob 1'liillips , David A. Cure ,
Vancis A.Sntlon , Herman Tiet/e , Peter I ) .
Starr. Increase James 1C Uim-hart , John
I. Hiitlor. Reissue and increase Jonathan
\V. Ailney , Albert W. Utter. Original wid-
ws , etc. Sarah 10. , widow of William II.
Iowa : Original invalid-Daniel Fidi-ielc ,
. 'arl Harttisky , fonrad C. Scott , Peter
) nimen , Moses Chase , human P. I'ierce ,
lames F. Vernon , ilolin II. Darling , Coorgo
{ . Hall , Daniel Mullen , William A. Crnn-
lull , Nelson It. Wlnn , Kobert W. Lynn , .ler-
imo Lawroncc , Christ Went/.e , David llor-
.on. Increase Thomas N. Williamson ,
Jauiel Perdue , Montgomery Clark. Helssuo
and Increase Am/.i U. Hicks.
South Dakota- Christian Oloson. Augustus
? . O.sgiotl , .folia W. Parker , Horace I' .
lones , William W Eastman. Kelssae
small P. Nicuell.
'I lie International Kiillway.
WtMiiN-iiTON , March I. The International
-.ill way commission mot today and arranged
irellmlnarios for iniiKtiig n survey of the
irojiosed railroad. William T. sf.unk of
ittsburg , formerly connected with the
. 'ennsylv.inla railroad , was selected as the
he organUlng engineer , and ho will have
general slmrgo of tlio surveying work. Other
civil engineers will bo selected to assist him ,
.ml ho is also promised the co operation D ( engineers in each of the countries
n rough which the proposed road is to pass.
There will bo three surveying parties , in-
ludmg the military party , already assigned
o Centril American state. * . The other two
larties will bo under the immediate direction
of Mr. Shuiik , and will work respectively
lorth and south from a central point in Cot-
The principal difficulty anticipated In the
urvo.v is crossing the 'Andes in Columbia.
Mr. Shunk's experience in mountain railroad
engineering will bo especially valuable in
that connection. It is estimated it will take
eighteen months to complete the survey with
the present force.
TinPresident. . .fgns mil * .
\Vv iiix < iTox , March 4. The president , nc-
companled by Secretaries Proctor , Kusk ,
\Vaniininkci- and Attorney ( iunoral Miller
irrived at the eapitol shortly after U this
norning and went immediately to the
president's room where ho commenced
to examine and attach his signature
to the various measure- , demanding his atten
tion. The president remained at the eapitol
until both houses adjourned.
Ho signed tlio copyright bill , the legis-
ativo , deficiency , Indian , consular and di
plomatic , sundry civil , pension ami aurienl-
Lural appropriation bills ; the joint rondutiou
providing for the organi/'itinn of circuit
i-ourts of appeals ; the act amending tbo laws
in regard to timber culture ; the act incorpor
ating the National Coiisoivntory of Music of
America ; the act for the protection uf the
11 viii of minors in territories ; the net to
commission P. S. Johnson rearadmiral In the
navy and iilnoty-two private pension bills.
iJlvon Marly KtVccl.
\V.\siiiNiTox \ , MnrchI. . Commissioner
ClrolT of the general land ollice today sent to
all registers and receivers of thu United
Ktatos land olllces the following telegram :
"The timber culture and pro-oiiiptioii
laws are this day repealed. Allow no
further entries thereunder ot claims here
after initiated. "
Dick I'erlln Sin-cecils llroalrli.
W \SIIINOIOX , March . [ Special Telegram
to TH rjllii.jTho : : president today nominated
Hit-hard S. Herlin of Nebraska to bo a mem.
her of the Missouri rlvor commission , vice
W. J. liroatch , resigned.
Defeated the Ki-iis-ols Ti-enly.
\VA-IIIXI.TOX \ , March 1. - The Hr.issols
treaty for Iho suppression of tbo African
slave trade and the trallh' in spirits and fire
arms was defeated in the senuto executive
session this morning.
Two llumlieil anil lil'ly Dnllai-s tin ;
I'rli-o of a l.lllle ( ili-l.
Niw : YOIIK , March - \ . -Special ( Telegram
to Tin : Hin..Michael : | Murphy and his wife ,
Nora , ll\o in Huuokca. They have llvo chil
dren , four nf whom are Murphy's by his first
wife. The other child , twelve years old , Is
Mrs. Murphy's ' by her first husband. Mr.
Murphy objected to the presence of her child
In the hoipio and decided to got rid of her.
Tlio couple answered an advertisement la a
New Vork paper requesting a child for aitiip-
lion. A man , whose name Mrs. Murphy does
not remember , otlcrod Mrs. Murphy ) for
Iho child. The offer was accepted. The no-
got U- lions , however , had been overheard by
Mtlu'glo , Mr. Murphy's eighleen-yi'av-old
daughter Him was very fond of tlio child
nml determined to try and frustrate the plans
of her father and sioumothor. She laid the
matter Imloro Uecorder McOanoghuo , but ho
was powerless to act as 'tho mother was the
lo Disnnjwara from Homo anil Tunis
itt Oalifornh ,
" ( vei-nl U'liiiien Have a Nnri-ow
cnpc IViiin a Itimilng llullillng-
I'ntal .Vi'i'ldeni at Hlulc
Voted IliindM.
nuitt\n , Cal , March ! . r.dwnrd Noah of
tolla , Neb. , became crn/.y m a pussongotf
train here and drew a pistol and .shut two
lieu. Their wounds are not dangerens ,
\oahlheiijuiiipodfroiii the train , r.m into
he brush and cut his throat.
Sni.i.Neb. : . , March. ( . [ Special Tola.
gram to Tin : MIR. : | Kdwntil No.ih has been
i resident of Richardson county for fifteen
VKIIIS , cniiilng hunt from Iowa" and locating
lour Kails City. Ho moved near Stella
ibiml five years ago. Ho has always been 5
fdnil.'ht forward , honest fanner , showing nil
diosyncraslc.s , only that of a very quiet
nan , hardly ovorspealmig unless spoken to ,
i list sudden disuppeanmeu n few weeks agrt
was shrouded In mystery until a member of
ils family received n letter from him stilting
hat he was on his way tit California. Noth-
ng further was knnwii of him until the uows
of the above described tragedy was received !
Narrow K-i'apc' from Ilin-ning.
Hntritlir , Nob. , March I. [ Special Telegram -
gram to Tin : HIM : . | Tlio house of U. U ,
Douglas , traveling commercial agent , of Iho
llurllngton railway , at liO'J North 1'ifthstrcet
was totally destroyed by lire early tins morn *
Ing , Tlio lire was discovered by Miss Amm
I'etcr , who occupied an upper room. She
was awakened by a falling picture , the hang *
ings of whlell had burned away. The flro
was directlv beneath her room andsno barely
had time to gather her clothing tugothci ?
and escune to Iho yard In her night robes.
Mrs. Douglas , her child and a sis
ter occupied a lower room and vcro en
tirely cut olT from t-seapo through any
part of the lionso save by a door , long un
used , which opened out of a closet into the
rear of the lot. They were still unaware oC
their danger \\hen Miss i'eter leurhcd theli'
window , and after lepeated pounding nwalt'J
ened them. Just as they awakened tlio
flames burst into the room.Vilh a cry tiioy
rushed to this door , In which the key fortu
nately remained , and were soon on the out.
side. It was hitter cold and mow covared
the ground , the women and child sulToring
Intensely. Mr. Douglas was out of the city.
The house was owned by J. T. Cnrnon
of Auburn and was valued at f..fiui ; insur
ance. $ lHH ( ) . Mr. Douglas' loss lsahoutt.MXIi
insurance , .Jsiil. The lire Is suppose to hnvo
originated in the carpet by a spark from tlio
stove , as a coal oil lamp was broken on tlio
floor near tbo stove early in the evening.
I'lallsiiiontli Wants the Shops.
I'l.xTi-M'icin , Neb. , March -I. ( Special
Telegram to Tnr 15ii : : . ] The board of trudo
held nn enthusiastic meeting tonight and do *
liberated upon several very important propo
sitions and undertakings. One of the moat
important prospective events on which action
was taken was in regard to making an effort
to secure tbo locution of Iho now inautilno
shops mid round house of the Missouri 1'a-
cillc at this popit. A committee of thrcof
composed of Mo'.ssts. O. II. Itnllou , Frank
Curruth ami A. H. Tuod , wns unpointed witfi
full power to act with the assuranceof the >
unanimous support of all the membeis and ot
the citl/i'ns in general. The committee claim
that their pronosition to the railway company
will embrace every necessary Item and are
confident of its acceptance.
A Fatal Accident.
Hi.un , Xcb. , March 4. [ Special to Tun
Uui : . ] N'athan Carter , commonly called
"Undo Nate , " one of tbo oldest settlers of
Washington county and a highly esteemed ,
citizen of Hlalr , met with an accident yester
day which proved fatal. He was unloading
lumber out of a box car. Tbo lumber on ono
side started to slioo down on him nnd ho at
tempted to not out of thewav , but the lum
ber struck him and pushed him out of the
ear door over tlio wagon , striking on his
hernl. Ho was unconscious , never spoke
afterwards , and died at 11 o'clock last night.
Hie. funeral will bo Fi-nhiy iit-J p. in. under
thy auspices of the Masons.
A -N Mke An K eapod ( "oavli-t.
Niomuitv , Nob. , March I. [ Special Tele
gram toTiir. Hr.i : . | A tramp calling himself
Hilly Johnson was brought in today with
both feet and one hand frown. Ho win
found in a snow drift , but refuses tn give his
place of residence further than that ho lived
in Dakota. Ho acts like an escaped convict *
.1 ndgi- < : ilisil |
Kr.iiiv. ! . Neb. , March -Special [ Telc
gram toTin : lr.i.l ! Juik'o J , K. ( iillespie ,
county attorney of HuiTalo county , died thll
evening after a lingering illness. Ho wns ono
of Kearr.ov's pioneers and was reckoned
among tlio brightest attorneys in central Xo-
braska. '
The Itiver and Harbor.
NKIIIIVK v UITV , Xeb. , March . [ Special
Telegram to Tin : Hn.l--A commiltoa of live
appointed by the board of trade , headed l > y
I ) . I' . Knlfo , left this inornlng for St. LouU
to attend a meeting of the rlvor and hnrboe
To Answei- < 'liar c of l-'orgi-ry.
Nciuusitv L'irv , Xoit. , Mave.i 1.-Spiilal |
Telegram to Tin : UIK.J. : ' . A. Howard , tt.O
traveling inin who brolco his leg two weeks
ago. was taken to Falls City today to AHMWS
to a charge of forgery.
Tckninah'oti's llomN.
TCK\MVII. Nob. , March I. ISiwUI to'i'irij
Hr.i : . | Aln special olcctlon hold In this ciry
yesterday the proposition to issue bonds to
the amount of tfiiiiK : ) for water works carried
by a largo majority.
WoMern I'enpli- ( 'hit-ago.
Cincwio. Marc'.i ' I. ( Spoclil 'I'elegram to
Tin : HII-Among : : | the wmtern people m
Chicago today were the following :
At the Or.iml I'acillo-J. S. Clayton , J A.
Ware , Omaha.
AtthoTromoiu-.Mlss Clark , A. C. Clarlr ,
At the Auditorium . U. C.ould , Omiha.
At the ( iiMiul 1'aeilio-C. II. Dunn , Uur-
llngton , In. ; K. H. ilart , IMaiikunrion , S. D ;
,1. M. Armstrong , Oiiintm ; K. T. Harris ,
At the Auditorium- Frank Knov. S.i'.t
LiiktiJlt ( > : A. F. Hanks , Mnrshalltowu : MM.
.1. H. McMurty. .Mrs. M. A. Mon'liiul. , l-iu-
coin , L-.lInio Iliggs and wife , Helena , Mont ;
Mrs. I' . M. ( 'assady , Mr. and Mi-.s. Simon
L'assady , De.Molnos. .
At tlie LilandT. . McL'ash , Hurlington ;
K. ( ! tiilmin , Devils hake , N. U..1. D.
Slovens , Sliuvis , S , I ) ,
At the I'romunt J. Jj. Doaman , Po.4
wood , S. I ) .
At the I'almcr-John ( Jordon , Oinah.i S.
M. Itattorann Muscatlnu , la ; A. li Dale ,
Deadwood ; J. L' . Fo\e , Hailey , Idaho ; I" M ,
Hiiiley , Anamoia ; F. T Woyraiul and wife ,
At the Sherman -K. Shoivml , Iowa ( "ity ;
J. W. Uuli-h.inM.ia , Keokuk ; O. b. Abed ,
The Wiathi'il''ori - vist.
For Omaha and vicinity Fair ; slightly
For JowaF.itr , warmer , winds becoming
l-'or Nebraska and Smith Dakota
, warnior suutticrly winds ,