THE OMAHA DAILY BJgK , THUESDAY. MAY 7 , 1891.
THE DAILY BEE
K. UOSBWATKK KniTOH.
Tr-HMSoF'TtlllSOIlII'TION.
Dally Hen ( without HumnyOno ! ) Yctir.i. . * 00
Daily nndSiimlttj , Ono Year. . . 10 m
Hlx 111011111" !
,
SundiiV HIT. Uiio Yrur . -00
Hiiturdav Ilco. Ono Yi-ur . 1 ffl
Weekly Jltc.Ono Yi-ar . . . 1W >
OITIC'KS :
Omnlin. Tlio Tire llulldlnj ? .
Hnntli Oiiinlin. Corner N nnd 2fllli blrrcU
ComiRll lllnnB , 12 I'niirl Hlrofct.
G'lilcacv I'lllcisfilTCIismlirrof Oommrron.
Yo k , ioomiti,14 : : ml I.Vr
Blii Fourteenth KUt'ou
caiillKsI'l'ONIiKXCT.
All communications reliittns to news and
rilllorlnl mutter should bo uili'iressod to the
iLilltorlnl DfipartinenU _
IUJSINEHS J.KTTKIW.
AHlm.slnr.'vSloltPrH nnd iciiiMluiirrs.s'nnuld
1)0 ) nildrnsirfl o Tlio lire I'ulHlnliIni ! CoiiipJiny ,
Otrmhii. PrnfW , rlii-eUanm ! poaloniuiormiM
to ho niiulu pnyitblo to thu order ot tlio com
pany.
Piwiclors
THE IIKI3 Ilt.MUHNCJ.
9W011N PTATF.MKXT OF UIUOUI.ATION.
tint ! of Nubriiskii. I ,
County of Pouglna. f
Ororco II. Tucliui'ir , secretary of 1 UK II KB
rubllililaR roinpiin/i tloi-n ! solemnly HWIMIT
11ml ilinuvtii.il clriiuliitlun of TIIK PAU.Y llr.r.
for tlm wuuic cmllng Slay - ' . IWI , "us ns
follows : .
uwlny. Atirll 21 . S',410
Momlf.y , April 1'7 . - } . ' '
iii' . < lay. ApHP.'l . ' . " ; : ! '
TVftlncfdnr. April 89 . ; . -
TlnirsdliV. April i.0 . 25.111. .
Krlrlnv. Mnv I . -V'1" '
Haturdny , May -J . -,04 ,
Avcmtro . 25I Id
unoitDK n. Tum ; K.
Fworn tn l.pforo nil ) nnd mibM'rll oil In my
presence tills 2il Ony of May. A. P. l fll. ,
' ' '
Nol'iiVy'l'ii'lilTe.
Untoof Nnlirnskn , (
County of PniicliA. : f
( ioorpi ! II. T/RCluirk , lielnttrtilly kwnrn , ilc-
TOM nnd miys tlmt 1m In scrrrtniyof TliKllKK
1 utillshlnc ciii-pmy. ; tlmt tlic iictunl nvuriiei *
rlmly clreiilntlon of TUB PAii.v HUB
Tor tlic ii > OBtli of May. IH'O ' , 20.1N )
roplM : for . .linnIf to , 2P.'OI copies ;
forJuly. 1HO. SO.IRJ foplus ; for Aupnst. ] BX ! > ,
ro.TfO coplr.s ; for KrplPinlirr. UOT , 20-0 ( coplns )
for October. 1MX1. 1P.7C2 copies ; for Novem
ber. 1fno , E'.ini ) topics : for Itfrrmlicr. 1MIO ,
Z'.4l copies : for .linuiiiry , l'll. ! 2M4B copies :
for KiOiriniry , IMil. i'-VUS copies : for Jliirch ,
IMil , 24,0 copies , for April. 1MI. ) ffl. ' . fl copies.
Ciiinnnr. II. T/SCIIIICK.
Snout lo Veftire. mo , nnd suli-c'rll'i'd In my
Ucsi'iicc. thisU'ddayof Mny. A. ! > . . 1MU.
N. I1. KiJir ,
Nntnrv Public.
A IIKNSK forest of political aunllowors
hna nhot up around the cnpilol at Lin
coln , like .Tonnh'rf gourd , in n single
nitrht.
WITH : i. ' ! ( ) per cent duty on Canadian
harley , the American crop ought to
hring good prices. The duty In prac
tically prohlhitory.
TIIK printing committee of congress
has coiu'ludod that the Comirctisionul Jfec-
enl will he a moro interesting nownpapor
If It Bhall be given an editor. The coun
try will grant the truth of this propo
sition.
PORTLAND. Ore , , received the presi
dent In the rain. A rain never damp
ens the ardor of cltl/ons of Oregon's
metropolis. They fool heat when It
rains. The ladies wait for a shower to
do their shopping.
WIIKN Iludint roads the report gf the
grand jury at Now Orleans "lie will
naturally conclude thai the suhjccts of
KlngTIamhGrt "gavo great provocation
. * - yiman of Louisiana and that tlio lynch-
fng party did not dispose of all deserv
ing victims.
RUSSIA talks of filing a cross-hill In
the Bohrlng sea controversy. There is
Borne merit in the suggestion that Russia
and America should settle the matter
hotwoon themselves and warn England
that further poaching will awaken a
protest from both countries.
THK telegram of congratulations from
the tomb at Fremont Is not likely to
galvanize the corpse. It only recalls
the fact that during the late campaign
the defunct candidate had no use for
Governor Thayer nnd would not even
honor him with a call for a campaign
speech.
DKADWOOU knows a good thing when
she BOOS it and holds to it with tonacity.
This Is why she voted almost unani
mously to bond herself for $100,000 for
public improvements and elected Sol
Star mayor for the eighth successive
torm. If Dead wood had a first class
hotel she would bo metropolitan.
GOVKKNOU HOYD may lese the emolu
ments of the olllco of governor , but the
fume of his Incumbency will go down to
future generations. His cnbo will bo a
precedent after it is pawsnd upon by the
supreme court of the United Slates , to
which courts and lawyers will refer so
long as courts nnd lawyers exist in
America.
TllK astute politicians who originated
the movement for ousting Boyd pr ofcs
to hnvo done invaluable service for the
republican party. They remind us of
the chess player who was flushed with
victory when ho captured a knight or
bishop only to loao the queen. They BOO
Just two moves nhoad , but when the
game proceeds on the political chess
board they will llnd themsolvcs stale
mated.
AUAl'AHOK is justly indignant over a
circular which has just been distributed
in the east pleading for help for the
destitute and representing Furnas
county farmers to bo in a starving con
dition. Furnus county in well out on the
frontier and times there are hard enough
but there are no starving families. The
8olf-apjolnted solicitors of aid are doing
the western part of the state almost
irroparr.blo harm.
TllK concensus of opinion among ami-
nont attorneys Is that the decision of the
state supreme court regarding the eligi
11 bility of James K. Boyd may bo taken
up to the supreme court of the United
States on n writ of error. Inasmuch as
the issue Is ono in which the people of
1
the state have a deep interest , it is to bo
hoped that stops will bo taken to carry
the case to the highest judi
cial tribunal of the land. It
is not it question simply whether
Mr. Boyd Hhull or shall not resume the
jlaoo , or whether the men who were
bomiJMc citizens of Nebraska bcfoio she
entered the union wcro made the peers
of the citizens of nil the other states on
her ndmlBslon Into the union , just as the
citizens of annexed territory , like Texas
und California , liavo Iwon when these
states were admitted to the union.
*
V
cnoosixa KLKCTOHS nr DISTHKIS.
The dctnoorntlo legislature of Michi
gan uccotnpllshod whnt was proposed by
ttio domoeratH of Olilo and Nehraskii but
failed In the latter states. It has pro
vided for the election of presidential
olcctgra by congressional districts , with
two electoro nt largo to bo chosen , ono
front the eastern mid the other from the
western portion of the state. This In
novation Is interesting mid Important
as Introducing a now element of uncer
tainty into the next presidential elec
tion. Under the now apportionment the
electoral vote of Michigan Is 14. For 10
years the democrats have neVer carried
lean than two of the congressional dis
tricts , and last year they curried eight.
The stale was ro-dlslrlctcd by the last
legislature , and It need hardly bo said
that It wait gerrymandered with a view
to holding a majority of the congres
sional districts for the democrats. If
this can bo done Michigan may glVo
more doctoral votes to the democratic
candidate for the presidency next year
than to the republican candidate , al
though the republican vote in the state
should bo largely in the majority , und
the democrats tire confidently counting
upon securing not less than one-half the
electoral voto. At any rate Michigan
must bo taken out of the repub
lican column in estimating the possible
result of the next national election , and
the question as to how her vote may bo
divided will bo an added bourco of per
plexity in political calculations.
Although the democrats of Michigan
elected their governor last your and the
lower branch of the legislature , finally
getting contVol of the upper branch by a
deal , there can bo no doubt that the
state is republican. This was shown by
the election of the present year and is
proved by the political history of the
state for a number of years. In 1888 the
republican plurality was nearly 23- ,
000 , and there Is every reason to
bollovo It would not bo ma
terially loss now in a national contest.
Hut whatever the republican majority
may bo , under the now arrangement for
choosing presidential electors , the force
of half , and possibly more , of the repub
lican vole will bo practically nullified ,
the olToct being the name as if the party
should lese any ono of the republican
states having half as many electoral
votes as Michigan. It is , of course , tone
no purpose to condemn this action of a
democratic legislature t'.hosau under ex
ceptional circumstances , but its
unfairness ought to be obvious to the
most strenuous partisan , whoso preju
dices arenot so strong as to
preclude him from discriminating be
tween right and wrong in politics. In
the earlier history of the country a few
of the states had this method of choosing
electors by congressional districts , while
In some they were elected by the legis
latures , and .the abandonment of these
methods was the result of popular con
viction that the plon of choosing electors
by the vote of the States as a whole was
the fuii.'GV and safer way. It is to bo a < } -
mitlcd that there are objections to this
practice , and if the district method pre
vailed In all the states it is
possible thai it would generally
result in giVinjr a moro satisfac
tory oppression of the popular prefer
ence. But the action of the Michigan
legislature cannot bo justified as being
intended for this purpose. It is an
example , however , that Is very likely to
bo followed In other republican states
whenever the democrats shall have
power to do so.
TIIK iiKsroNsnm.rfY FIXKD.
The democratic press has boon vigor
ously endeavoring to croalo discord in
the administration and incite a rnpturo
between President Harrison and Secre
tary Blalno by giving greatly exag
gerated importance to an editorial
which appeared in a late Issue of Z'Yatifc
Leslie's lllitstralcd Newspaper , in which
it was stated that Mr. Blaine would not
bo a candidate for the presidency in 1892 ,
that ho was loyal to the president , and
implying that his influence would bo
exerted for the ronominatlon of General
Harrison. The fact hat Mr. Russell
Harrison has a financial interest in the
journal that gave editorial utterance to
this statement was made a reason for as
suming that It was Inspired by him , was
probably made with the knowledge , and
approval of the president and was there
fore authoritative.
A great amount and variety of com
ment hns been made upon this publica
tion of what was assumed to have como
from a source very close to the presi
dent , all of it of a character designed to
annoy and Irritate Mr. Blalno and his
friends. The term "loyalty" has been
dwelt upon as offensive and all the in
genuity of perversion has been employed
to domonstate that there was a studied
purpose to disparage the secre
tary of state. A few of the
more ardent friends of Mr. Blalno have
allowed themselves to bo betrayed Into
expressions of resentment by the persis
tent nagging of the opposition press , and
have said things not altogether credit
able to their common sense and dis
cretion. It ought not to have been be
lieved by any thoughtful republican that
President Harrison would countenance
such a declaration as appeared in the
Frank Lesllo newspaper , and particu
larly so in view of the fact that his son
Is interested in that journal. It is a
poor compliment to his judgment to sup
pose that ho would not sco at a glance the
irritating and embarrassingolfiict which
sucli a statement must have upon all
concerned , and that If made with his
knowledge and approval would hurt
rather than help him in the estimation
of his party. General Harrison hns
some claim to sagacity in political af
fairs , and consideration of this forbids
the presumption that ho had the least
knowledge in advance of the publication
In question.
The responsibility In the matter , however -
over , has boon fixed , to the complete
confusion of the o who have boon Indus
triously seeking to foment discord in the
republican rnnUs and to draw from Mr.
Blalno some public expression on
the subject. Mr. Arkoll , the prin
cipal owner ami responsible ed
itor of the journal in which
the much-dlscubsed editorial appeared ,
states that it was written at his instance ,
that Mr , Russell Harrison know nothing
about It before its appearance and had
tolosrapncd his disapproval of It , and
that the only ] > orson responsible for It in
any degree is Arkoll himself. It Is
hardly to bo expected that this will bo
accepted as conclusive ) by the editors
who have boon having a cheerful tlmo
in prodding Mr. Blaine , but it will bo by
everybody else. The truth Is that Mr.
Arkoll Is a shrewd man of business , and
it Is not to bo doubted that in mak
ing the unauthorized announcement
ho was prompted chlolly , if not
altogether , by the consideration
of practical benefits to his journal likely
to result from It. At any rate his Htato-
mont is a full acquittal of Russell Harrison
risen and destroys entirely the assumed
' 'olllolal" character of the disturbing
editorial.
The reports coming from Washington
which represent Mr. Blalno as greatly
annoyed , over this matter , and as having
given expression to his displeasure to
persons whoso names are discreetly eon-
coaled , are not entitled to the slightest
credence. The secretary of state Is tuo
old In politics to bo seriously disturbed
by sensational newspaper utterances ,
and it may safely bo presumed that the
relations between himself and the presi
dent , with respect to the present and the
future , are mutually satisfactory and
will not bo affected by anything the
anti-administration press may say.
r.STAllMSll I'LOUKIXU 31ITrS.
The action of the Nebraska Millers'
association in taking the preliminary
stops toward locating a Hour warehouse
in Omaha illustrates another of the
benefits of the warehouse bill to this
city and state. There are a largo num
ber of llouring mills in the state , and
with a proper storage center for the sur
plus others can bo established.
Moreover , the building of a public
flour warehouse in the city will open
the eyes of Omaha capitalists to the fact
that a very largo proportion of the flour
used In this city and state comes from
Minneapolis and St. Louis. Omaha can
not hope for the wutor which has made
the Minnesota city great , but St.
Louis mills are operated by steam.
There is no good reason why Omaha
should not establish extensive steam
llouring mills.
If Omaha becomes an important grain
market , as she will , llouring mills will
folloxv as a matter of course. There Is
no reason , however , why these enter
prises may not anllclpato the import
ance of the grain interests centering
hero , by providing manufactories for
that grain. A huge milling interest is
entirely practicable.
The benefits which may bo derived
from the warehouse bill can hardly bs
overestimated. The moro the subject is
considered the more public interest at
taches to it. The board of trade might
very profitably take up the millini'-iuoa
and follow it long enough to secure some
handsome returns In the way of invest
ments and employment of labor.
VtOUHKS roil TIIK ASSKSSOns.
Before the assessors make their final
returns on the assessed valuation of the
franchised corporations they should as
certain how much the property of those
companies has been bonded for. When
a company can mortgage its property for
millions of dollara the value of 'that
property must certainly bo equal to the
amount of the bond. Last year's assess
ments were just ono forty-second part of
the bonds issued by Omaha franchised
corporations , while the property of the '
average citi/.en was assessed at ono-
What excuse can assessors oiler for
such favoritism ?
Look at those figures , which rouresent
last year's valuation of the franchisee !
corporations :
OMAHA STHKKT IIA.H.WAY COM IMS Y.
Capital stock paid up . $5,000,000
Bonds Issued . 1,500,000
Bonds unissued . 1,000.000
Assessed $ (11,175. (
City tax paid . I. . . $2,324.05
County tax paid . 7-i.iO ; !
State tax paid . : io : > .78
AMI'.IIICAX WATEIIWOHK8 COMPANY.
PnlU up capital 55,000,000.
Plant bonded for that amount.
Assessed Valuation , $25 , ( HO.
City tax paid . ? 2lfil..r S
County tax . G03Ui
State tnx . 813.44
Florence assessment $1,533 tax. . . . 42.1)8 )
$ J,20.1,03
OMAHA OAK MANtirAOTUltlNO COM I1 ANY.
Paid up capital , February , 18S9 , 500,000.
Ascss < : il Valu-itlim , $ < ! < > , O55.
City tax paid . $ J,2S2.09
County . 712.03
State . . ' 108.00
? ! i03.07 ! !
THOMSON-HOUSTON EI.ECTIO I.IOIIT COSIl'AXY.
Capital stock , February , 1S90 . $ (100,000 (
First mortgage bonds . -100,000
City tax paid . $ 519.0. .
County . 107.14
State . 84.00
$ 770.79
LKOAL business grows with the city.
The docket for the May term of the dis
trict court hns 150 more cases than that
of any previous torm. The raoro judges
and lawyers wo have the moro cases in
court are commenced and carried
through to a hearing. The expense o
the courts in this county Is a tremendous
but apparently necessary burden.
EAST avenue and Hill streets are a
long dlstanco from the center of popula
tion -outside the three nillo circle. It is
nonsense' to charge the cost of grading
them to the city's-sharo of the county
road fund. The "throe-fifths" clause
was Inserted In the charter to provide
for such Improvement's.
A MOTION to reconsider and lay on the
table in a single breath Is a parllanion-
tary combination never discovered until
it made its appearance in the Omaha
city council. As a squelcher It proved
decisive when applied to a 11 ro limit or
dinance.
Now that Health CommlsuionerGapon
is Hiiro of his position it is to bo hoped
ho and the county physician will so ad
just the dutio * concerning which they are
in controversy as to avoid further public
discussion of the matter.
SKNATOU MANDKUSOX Is on route
home. Ho will discover when ho ar
rives that his presence was needed
months ago.
THK city attorney is paid a salary of
$3,000 per annum and Is allowed a sten
ographer. The .assistant city attorney
Is paid 32,000 $ ypar and ho Is allowed a
fltonographor.iv 'Hho city prosecutor will
next bo asklnj , tfljat ho also bo furnished
with a filcnotfraphor. The city at
torney's ofllcdlsfaipidly becoming an ex
pensive luxui ' , '
pays S2.000 n day for
the militia wufl. ' ro guarding the coke
regions. Th'U.naturally raises the
question of hoHir'long ' the strike would
continue if the , subsidy were withdrawn
or the coke iuanufacturors were com
pelled to footihu bills.
THU gentlemen who have boon given
military titles by Governor Boyd cannot
bo deprived of them whatovnr Is done
with "ho positions they represent. A
military title Is boy.ond the roach of the
supreme court.
TUB wildest of wild-eyed gossip Is al
ways sure to find credulous oars at our
state capital , and nobody need bo stir-
n'lsed tit any story about plots and
: ountorplots from that quarter.
IF THU national republican committee
III call the national convention at
Omaha they will make no mistake.
3maha Is 1,800 miles nearer Chicago
ban San Francisco.
TUB vote on the Douglas street grade
rdlnanco was practically unanimous as
t should have been. No act of this
louncll Is of moro importance to the
Ity at large.
ONCB more wo have the Douglas
trcot grade ordinance before the mayor.
COUNCILMAN SPKCIIT carries Mor-
issoy's scalp in his bolt.
The Garden Spot.
/1'smOI.iho /
ICunsas this year promises to harvest 00-
JOO.IXM bushels of wheat. Lot eastern cdl-
; ori continue to wall for "poor arid mort
gaged Kansas. "
Another Value.
'l l > cka t'fijiidll.
Formerly , when a Kansas fanner looked at
grove on his farm , lie looked at it with an
oyu to its vnluo in wood. Now tie considers
atily its advantages us a place to hold an al-
uuico picnic. '
Plowing Tor Politics.
Dinver Sun.
The "farmers" In ttio legislature are not
nnxions about their crops. They opposed a
resolution to lix the day for final adjourn
ment. 1'erlmpi the farmers at Springfield
are like Jerry Simpson , and have given up
plowing for polities.
The Mci ( Who Make Tariff.
Gliiiic iJemocmt.
The Mills democratic tariff bill of 18S3 was
afraid to touch' sugar and loft the tariff upon
'
it "t the uiii rates' . ' Tlio McKiuloy bill hit It
squarely. The ineA who malto tariffs are the
: non to reform and' change the tariff in the
.ntores . ts ot the people.
it Immensities.
Xew fork Herald.
A few days ago' a Minnesota man stele n
sawmill , and now. comes tUo story of a North
Dakota man stealing a barn. It is lucky
there are no very/High peaks In those states ,
Somebody might' , climb up and steal the
Imminent right out from under the angeU'
fcpt. i <
Ills Homo is Jlcavcii.
A'ciC'l'iirk Sun.
The story that Mr. MuHalo , the Minnesota
legislator who made himself famous by In
troducing the "anti-tights" bill , was only
jolclng ts absurd. Ho was dead in earnest.
Ho is that lilnd of n man. Why , he won't
oven suitor a leg of mutton tj bo brought to
his table until it is dressed.
Traveled on His KUUC.
Clcctltiiut Lettd',1' ,
A wealthy Now Yprk Chinaman cojld not
procure a passport , but was informed that ho
could have his photograph taken and travel
to China and rctuin on that. Ho must bo an
unusually good looking Celestial to travel
thus far on his face. The majority of his
race would Und it difllcult to got farther
than the point of embarkation on their good
looks.
M'Asmxti r
Denver Sun : Old Duffer Is that black
hair uud thoso'whlto teeth yours , my prottj
maid )
Soubrettc Is that whlto hair and these
black teeth yours , sir ! she said.
THAT WAT , AND NO OTIIEK.
Free' ' Freus.
' "I love
you so ,
i love you so. "
He whispered low to Carrlo ;
' And that Is why ,
'
Dear ono , that I'
Am disinclined to marry. "
Chicago Tribune : Street Car Conductor
( In densely crowded car ) Move up , there I
Move up I Gasping Passenger No use try
ing. A man can't go to heaven on this
line I
Atchisou Glebe : There is a great deal that
Is suggestive of heaven in a child asleep , and
sometimes a suggestion of another place when
the same child is awake.
Ham's Horn : No man knows how desperate -
ate a woman can look until ho has seen hur
undertake to ndo a hieyclo.
Puck : The Chief Requisite. Kitty
You're an Ideal chaperon , Mrs. Lightly.
Jack Yes ; you're simply "out of sight. "
Harvard Lampoon : Mr. Jones ( as tlio
draws him ) OI can't I
grizzly up on why re
member whether it's n grizzly or a brown
bear that can't climb a tree !
Kato Field's Wellington : "Ten days for
having been druuW' said the judge.
"But , your honor1 said the prisoner , "isn't
it safer to' discharge mo now that I'm not
loaded I"
New York Weekly. Mrs. BInks Georges
Francis Train sayaMhut people will wnko up ;
some morning und Und that Jay Gould has
lost every < lollnr.,1)0
Mr. Binks That's so , every word of it.
"Mv ' good ness I , When will It bo , do you
thiuk'f"
"Whon he dies "
Washington PoVtt "It strikes mo that
Russian authors tltu'o a remarkably venera
ble and careworn'loek. "
"Yes , but thoallrtok at the language they
have to do their Mijtjking in. "
Boston Courier-"Take . up your bed and
walk" is not a seasonable Injunction to ttio
gardener j ho lays out his bed uud walks.
AX KXTitt.aiK VAHK.
] \\iflilutiti \ > ntiii.
It's a shama you csllod mo uarly , called mo
early , Sally , dear ,
For this is just thu sickest day of all the sad
new year.
Of all the bad now year , Snlly , the most re
pulsive day ,
For the landlord is relentless and wo'vo got
to get uway.
It is true that moving's cheaper , so they soy
than paying rout ,
Hut , if ono cmi't buy a gang-plank with
whole steamboats nt u cent ,
Even moving is u problem. It Is not a tlmo
to see ft
At fata when It is certain you can't stand a
druyuiaa off.
ARE STUDENTS RESIDENTS ,
An Tutoresting Question of Right of
Franchise ,
FORGER CARLIN ARRAIGNED FOR TRIAL ,
ATrnvolliifjMati Drugged mill lloliliotl
Konl Kstnto Mtcliange Hiislucss
Supreme Court Dcolnlous
Fuller tfreeil.
LIKCOI.X , Neb. , May 0. [ Special to Tun
Unn. ] Dentils C. Berry , who ran for city
clerk nt the recent election in University
Place , 1ms Hied a notice of contest In the
county court against II. G. Wllcox , the In
cumbent , and wtio was elected to that ofllco
April T. His petition rccltos tlmt nt the
election the plaintiff received fifty-three
votes and Wllcox sixty-three. Ho alleges ,
however , that ten of the votes cast for Wll
cox 1n the First ward and fourteen in the
Second wcro Illegal votes , cast by non-resi
dents. Tlmt Wllcox was not nt the tlmo of
thu election an elector In University Place ,
neither was he a resident nor a taxpayer.
On these grounds Berry claims the ofllcc ,
and has given $100 bond to carry on the
fight. It Is understood that the alleged
illegal votes wcro cast by students at
Wotlcyati university , and the case Is brought
to determine this mooted question of whether
tlio boys can vote where they attend college.
I'OUOEH CAIIl.l.V.
J. F. Carlln , accused of forgery , was
nrralgnoJ before Judge Stewart this after
noon. Carlln is about forty years old , anil
was formerly a travel'ng man for n clothing
house. He had a wide acquaintance hi
Nebraska and Iowa. About eighteen months
ago ho was discharged , and ho appears to
have gone around amongst the men who
know him and secured their endorsement on
bills of exchange which proved to bo
forgeries. For ono of llicso ho has Just
finished n term la Atmmosa prison , where ho
w&s secured by Detective Maloiio. There arc
other charges pending ngalnst him in Iowa ,
ana Gran Ensign was caught for $100 , which
explains Carlin's presence hero. Ho will
probably plead guilty , as ho acknowledges
that ho did wrong , but rather dislikes tlio
idea of another term in the pen so soon.
ui'Aii IISTATK r.xciiANni : .
A mooting of the real estate exchange was
held yesterday afternoon. Communications
from different persons wishing aid In the
starting of factories wcro read nnd referred
to the proper committees. Messrs. McMur-
try , ImholT and Gillllun were appointed a
committee to correspond with eastern parties
who desire locations for wholesale houses.
J. If. Barr submitted a preposition to rebuild
his shoo factory. A resolution was adopted
commending Mr. Burr's enterprise , and ex
pressing the opinion of I ho exchange tlmt aid
such ns ho asked for should ho given.
Diiuanr.D ANI > uonnr.n.
The case against. C. H. Young and M. H.
Goodman , arrested yesterday for robbing W.
P. Newell , who travels for a broom factory
in Seward , was continue' ! until fl o'clock this
evening to secure the attendance of wit
nesses. Nowoll's story Is that ho was watt-
Ing nt the depot for a train Monday evening
when the prisoners , one of whom is a rjnnor
for n restaurant near the deuot , und the other
a Missouri Pacific switchman , entered into
conversation .with him nnd finally invited
him across the street to get a drink. They
wont into the back room of a grogcry , where
two women wcro met. nnd they had seine
liquor ull around. Newell says ho remsmbcrs
nothing since taking the second drink , until
ho found himself on the ground about half u
dozen blocks away. Ho found that his cash ,
about $ . * k ) , was gone , and ho believes tlmt ho
was drugged. The accused deny that they
took the man's money. They say that they
went to the saloon with him , where several
rounds of drums wcro ordered and swal
lowed , but they loft him thcro with the
women. Young had $10 when arrested , but
the other man was not flush , nnd both deny
taking his money.
MTl'KKMK COUUT.
The following decisions were handed down
today :
Lewis Stricklctt vs state. Error from
Washington county. Reversed and re
jimmied. Opinion by Mr. Justice Maxwell-
Courtney vs ICnox. Error from Lancaster ,
county. Reversed. Opinion by Mr. Chief
Justice Cobb.
Prior vs Hunter. Appeal from Furnus
county. Reversed conditionally. Opinion
by Mr. Justice Norval.
Darst vs Gnilln. Appeal from Burl
couiitv. Atllrmcd. Opinion by Mr. Justice
Maxwell.
Kaufmnn vs United States National bank.
Error Irom Douglas county. Affirmed. Opin
ion by the court. Contracts construed and
held to tea sulo of a stock of goods , etc. , the
purchaser to assume and pay certain debts.
U. In a contract to assume certain debts , in
consideration of a stock of goods , etc. , two
notes were described as ono for f.500 and one
lor 51,500 duo the United States National
bank. The testimony showed that the notes
were not before parties when the contract
was drawn , but that the only notes possessed
by the bank against the vendor was one for
500 and ono forSl,3T > 0. Held that tbo bank
was entitled to recover against the purchas
ers the amount of .said notes.
! ! . A promise made to another for the ben
oflt of a third person can be enforced by such
third person although the consideration did
not move directly from him.
PISTHICT COUUT.
Judge Field yesterday afternoon heard the
case of Stevens vs the Burlington. The
plaintiff had shipped a lot of household goods
over defendant's road to McPherson , ICam ,
but they hud never been received. Ho
wanted $73. The defense was that the gelds
were received by the company , transported
to their destination , but that plaintiff didn't
apply to got them , nnd they were stored
away. Thieves broke in one night and stele
the goods. Verdict lor plaintiff for$18.15.
The petition of Mrs. Alary Dlnnocii against
tbo gas company wus knocked out because it
didn't state sufficient cause of action. Leave
ivas given to amend petition. The case was
for S.,000 for the accidental killing of plain
tiff's husband in an explosion at defendant's
works.
The somewhat noted divorce case of Kny
vs Kay will bo hcarll before Judge Hull to
morrow morning.
Judge Tibbots and a jury are engaged in
heating the case brought by Joslo , Jennie.
Mnggle and Annie Blair against the city of
Lincoln. Plaintiffs own property at Twelfth
and 1C streets , which 'they claim has been
damaged 3,000 worth by the city's cutting
down the street from two to five foot to con
form to the Rosewater grade. The defense
is a general denial of liability , and a claim
that plaintiffs in a petition to hnvo Twelfth
street graded and paved waived all damages ,
is j'KF.ni ) .
John F. Fuller , the forger sentenced to the
penitentiary fourteen months HKO and who
was liuld in the county jail for n month after
sentence , was released Irom the pen this
morning by the supreme court although he
hail a month moro to servo , because the courl
believed tlmt the Imprisonment commenced
Immediately after the sentence.
ODDS AND P.NPi.
The raso against E. W. Hutchlnson , the
shooterof Jcnnlo Greene , is set for tomorrow
morning at o'clock.
A. L . Mills and wife , whose troubles with
their daughter have become public , were to
see Judge Stewart today to swear out n com-
I plaint of Incorrigibility against the girl , and
Imvo her sent to Kearney.
Judge Stewart handed down his decision
today in the case of the German National
bank vs Cook & Johnson. I. N. Johnson ,
who had apparently executed the note with
out the knowledge of Cook , was hold for the
full amount , nnd Cook , who hud received no
consideration , was released from liability.
The remains of Mrs. H. H. Little , whoso
suicide was recorded yesterday , were ln <
tcrrod In Yankee Hill cemetery this after
noon.
J , P. Mallon , who resigned hU Job as sheriff -
iff of Dodge county to take the wiirdeimhii
of the penitentiary , Is In hard luck. Hi
held the job Jqst two days.
Arrangements Imvo been complntflJ for In
trotting meeting to bo held on the foil
grounds track on Juno IS , 111 und 1" . The
puncs will amount , to f 1,000 , and good Jlyers
will bo IILTO to compote.
Charles W. Kaloy was given a divorce from
his wife , JonnioS. Kaloy , who fulled to up
pear und answer. Tno grounds on which
the dlvorc-e was granted were desertion , Imb
ituul drunkenness and extreme cruelty.
Uodpath Brothers uud KIlpatrlfK , Koch
Co. filed a motion to have D. Newman nj > -
lolntcd receiver of the Mnxuoll , Shnrpo &
Jossi company , with T , O. Southwlek nnd L.
3. Humphrey as sureties. They object to U. It.
ilnxwoll'.s officiating on the ground that ho
s president of the company , n largo stock-
loldor and has largo claims against said com-
ihiiy nnd is an Interested party. The plain-
lITs Imvo claims amounting to tl00 ngnlnst
ho company ,
WKDDINO UKIiTiS.
Mnrrlagi-H Solemnised on a llonutirul
> lay Morning.
The marriage of Mls Ella Maud Schmidt
and Mr. George B. Tzschuck was happily sol-
cmnizod at the residence of the bride's par
ents , Mr.nud Mrs. O. B. Schmidt , 1011) ) Doug-
as street , nt high noon yesterday. In honor of
ho event the homo of the bride was boiiutlf idly
locoratcd , palms and ilowcrlng plants
icing generously distributed throughout
ho rooms on the lower tloor
u the hallway and on the stairway. Smllax
and roses wore prettily arrauucd on the matt-
els In the front drawiug room , the library
ind dining room , whlla rose bowls tilled with
spring beautlas stood in the niches und cur-
lei's of the rooms.
The library , In which the raramoiiy oc-
cnrred , was made particularly handsome by
ho dainty arrangement of myriad
lowers and broad ribbons of white
silk. A prlcudieu of whlto satin
edged with smlliix was placed in
front of the largo mantel , winch , for the oc
casion was transformed Into a temporary
altar.
Just ns the mldilay hour was sounding the
orchestra , stationed in a curtained recess off
ho front poroh , liogan the favorite wotldlntr
nareh of Mendelssohn and the wedding pro
cession entered the room , two children lead-
tig , Julia HofTtiioyer and Carl Helnrlch , fol-
owed by Hov. A. J. Turkic of Kountzo Mo-
uorial Lutheran church , then thu lirldo lean-
ng on the arm of her uncle , Mr. Otto
jchmldt of Denver and lastly thu groom and
Mrs. C. B. Schmidt , mother of the bride.
The ceremony was very Impressive though
julto simple , the orchestra playing softly
throughout the service "Bright Star of
Hope. "
The bride- , who is a very pretty nnd nitor-
osllng young woman , presented an ideal pic-
: ure in her beautiful wedding gown of whlto
India silK , eiitraine , trimmed with
, llles ol the valley , the corsage
of white satin made very full. The veil
was caught Iilyli on the heiul and falling to
the edge of the train. She carried a bouquet
of lilies of the valley nnd maiden Imir ferns.
Thu main of honor , little Julia IlolT-
meyer , was prettily gowned in pink
China silk and carried a bouquet of
lilnks. Her attendant. Master Curl Hcia-
rich , who ofllclateil in the capacity of a page' ,
won1 u quaint s > uit of brown velvet with Knee
brccche.s and whlto waistcoat with broad
lapels. Mrs. Si'tnnUlt ns costumed la a
black gruimilino with steel passemeuterlo.
After the ceremony elaborate refreshments
were served. jJalduIT having the service In
charge. Later the brute cut the wedding
cake , the guests being provided with wed
ding boxes containing pieces of tha cake.
Mr. C. B. Schmidt , who was unavoidably
detained in Berlin , where ho represents the
Lombard Investment company , cabled his
congratulation ! * , his brother , Mr. Otto
Schmidt , reprcscntiilg him in hU absence.
The groom is well known to the people of
Omaha , having resided hero fora number of
years , nnd is now the secretary and treasurer
afTiu : IlL-i : publishing company. AtliJIO
the bridc ind groom loft on a ten days' wed
ding tour which will Include visits to Cht-
rajro. Milwaukee , St. Paul and Minneapolis ,
and after Juno 1 they will bo at homo at
JWH Half Howard street.
Only the relatives of the contracting par
ties were present , at the ceremony and a few
very near friends , the guests being Mr. nnd
Mrs. Bruno Tzschuck , father and mother of
the groom , Miss Tzschuck , Miss Tony
Tzschuck , Mr. Bruno Tzschuck , jr. , Mr. Otto
Schmidt , and Mr. Alfred Schmidt of Denver ,
Mr. J. W. Hurst of Newton , Kan. , Mr. ana
Mrs. Henry Meyer , Mr. OttoSchmidtMr.Mux
Schmidt brothers of the bride ; Mr. and Airs.
E. Hosowater , Mr. nnd Mrs. Gould , Judge
and Mrs. Strawn , Mrs. Paul Heinrlch , Miss
Kitty Brandt , Miss Her , Miss Oiml Touza-
lln , Mr. and Mrs. Herman Meyer , Mr. Iloff-
meyer , Mr. Arthur IIolTmoyer. Mr. Lamp-
maun , Miss Bertha Meyer , Mr. W. II.
Koonig , Mr. Lund , Mr. Fred Meyer , Mr. M.
B. Davenport.
Mni-ccr anil Fowler.
A very pretty wedding participated hi only
by the relatives and a few IntimaU' friends
of the parties in interest , was solemnized yes
terday at 0 o'clock at the residence of Mr.
and Mrs. John .f. Mercer. 3S11 Hickory street.
At ttio hour named Miss Clara Mercer , u
daughter of Mr. nnd Mrs. J. J. Mercer , and
Mr. Charles II. Fowler , treasurer of the
Fowler elevator company , entered the cast
parlor and tailing a position beneath a very
beautiful canopy of smllax and white ribbons
festooned to tlio sides of the deep bay win
dow , and in front of Hov. John Gordon of the
Westminster Presbyterian church , were
united In marriairo , the ceremony being a
mcditlcation of the Episcopal church.
The bride , who is a tall and handsome
hlnmlo , were a becoming street
costume of brown camel's hair trim
med with brown silk and brown silk
fringe. A hot to match the gown was worn ,
a brown silk with oats crown and she carried
a beautful bouuqet of lilies of the valley and
maiden hair fern.
Following the ceremony and after the con
gratulations of these present , a wedding
breakfast was served In the dining room ,
which was beautifully decorated for the oc
casion , white ribbons being suspended from
the central chandelier nnd fastened to the
corners of the central table. Throughout the
bouse the floral , decorations were very elabor
ate , smllax , roses and spring llowers occupy
ing rose bowls and jardinieres.
After breakfast the bride and groom left on
an extended wedding tour which will include
a visit to Memphis , Chattanooga , Atlanta ,
Baltimore , Washington , Now Vork ami re
turn by way of tuoThousund Islands nnd Lake
Georco. They will bo at homo at 1107 WIrt
street July 1.
The guests present at the wedding wcro :
Mr , and Mrs. Bernard Fowler of Chicago ;
Mr. and Mrs. C. H. Cummingsof CliftonIII. ;
Mr. and Airs , J. J. M < : rcerMr. Dave Mercer ,
Mr. ana Mrs' I. II. Collins , Miss Cora Howe ,
Miss Georgia Fowler , Miss Blrnio Fowler ,
Miss Celia Furims of Brownvilto : Mrs. T.
W. Tipton of Brownvillo ; Mrs. JuJgo
Broady of Beatrice ; Mr. and Mrs. Hough ,
Miss 7.oo Matthews of Lincoln ; Dr. nnd Mrs.
John Gordon , Mrs. Bell of St. Joseph , Mo.
The manuolin club added not a little to the
service bv the rendition of several selections ,
making an effective background to the im
pressive and beautiful ceremony.
ON TIIK FIjY.
The Prcslilcntial Train Will Como with
a llmli.
G. W. Boyd , manager of the Harrison
party , writes Mayor Cushlng that the presi
dential train will leave Denver nti0 ( : ! ! p m.
May IS and will reach Omaha at 11:80 : the
following morning. Ho states that Btops will
bo made at Intermediate points , but that
nont ) of thcso will interfere with the train
reaching Oinalm on time.
Ho writes that owing to the limited accom
modations live persons can ride in the presi
dent's cur a distance not exceeding llfteon
miles. In view of this fact the committee
will Induce the Burlington road to run a
special car to Lincoln en the morning of the
the president's arrival. The members of the
commitU-o will go In this car and pilot the
president uud party to this city.
In Ilio AVIiKlKor'H I'nntry.
The pantry in the Windsor hotel caught
lire at 8 : 0 o'clock last night and burned out
a section of the wall. It Is supposed the tire
wus caused by an overheated range. Damage
nboat * i > .
BOYD MAY TAKE AN APPEAL
Ho Onti Go to the United States Suprouii
CourtlflloDosircs.
UNANIMOUS CONSENT ON THIS POINT ,
Onialin Attorneys DIsotisH Tills 1'lmno
ol'tho Question \vltli I'Yocdom
I'crinlHsloii or tlio Htuto
Court UmicucHsary.
The question as to whether or not Gov
ernor Boyd would appeal from the decision
of thu supreme court of the state , In the
gubernatorial c.iio , to the uupromo court of
the United States , was yesterday the subject
of almost general discussion la this city. It
was accompanied by another feature , namely
whether or not that appeal might bo nmdd
without thu permission of the supreme court ,
which has already entered Judgment of
ouster against ttiat gentleman In his oniclal
capacity. On the latter subject the opinions
of leading attorneys and Jurists seem almost
unanimous ,
General J. C. Cowlu in speaking of tha
matter said ' 'The In
: question the guber
natorial case was simply ono of United
States citizenship , and the iloterinlimtlon of
tlmt qiicstloii determined the case. Two of
the Judges , making the decision of thu court ,
held Mr. Hovil was not a citizen , but an
alien , while one of the Judges , dissenting ,
held that Mr. Hoyd was a citi/en. The ques
tion , theicforo , is a purely federal one , and
from this decision au appeal tuny be taken to
the supreme court of the United States. '
"There are two methods of taking this ap '
peal , ono requiring the action of the chief
Justice of the supreme court of the state , the
other requiring the action of oneof thu Judges
or moro ot the supreme court of the United
States , so that the case may be appealed
utterly regardless of any action of the supreme
premo court of the state of Nebraska.
"Ttio allowance of a writ of error may DO
asked from the supreme court of the United
States or one of its Judges , and If allowed , a
citation Issues unit the record goes at once to
the supreme court rognrdlcss , ns I have saiil ,
of any action upon the part of the supreme
court of the state or its jimeos. The allow
ance of the same writ may bo asked from the
chief justli'0 ot the supreme court of the
state , and If allowed by him the case is nt
once taken to the supreme court of the
United States. But It is not necessary , as
jou will sec from what I havo'stated , tonmko
any application whatever to the chief justice
of the state court.
"While tain not suprincd nt the decision
in the case , for the other side Im.s been claim
ing for some tnno tlmt two of the judges
would rule with them , yet I was surprised
that the opinion was handed down yesterday
as nothing concerning the case was mentioned
in court ( luring the forenoon , and I was them
arguing another case hut started home In thu
afternoon.
' I urn very much surprised at the haste
with which judgment was entered and n writ
of restitution Issued , without any notice to
our side about when the decision was to bo
mado. It Is unusual am ] extraordinary ; and
1 wish to add further that it wus wholly un
necessary , ns Mr. Boyd would have promptly
obeyed the mandate of that court. I presume -
sumo that there was fear that a writ of error
and citation might bo allowed before the
writ of restitution was executed , for , in that
event , Mr. Boyd would have remained in
oflieo pending the litigation In the .supremo
court of the United States. The writ ol
error and bond operate as n suporsedcas nnd
it Is an open question whether Mr. Boyd
may not bo entitled to the otllco Immediately
after the allowance of the writ of error i.nd
the filing of the Loud and before the hcnrlntf _
of thu case in tlio supreme court of thu
United States.
"I think the case is ono the supreme court
of the United StaUis will advance upon its
docket.
' Of course , while I think the haste with
which Judgment was entered nnd the writ of
restitution issued was unusual und extraor
dinary , yet I do not , for a moment , quch.lo-1
the good faith of the court or any of its
Judges with respect to the matter. "
Judge Wukoloy : "I have not looked Into
lh matter , but my imprcs > Ion is if the ques
tion may bo appealed at all It may be done
without the consent of the supreme court o (
tlio stato. All that it would "require would
bo to have a justice of thu supreme court of
the United Stall's ' examine the records and
allow a writ ot error. This would doubtless
bo based upon the Idea that Mr. Boyd hail
been denied citizenship under the laws of the
country , which fact might rightfully bo in
quired Into by the supreme court of the
laud. "
Judge Lake ; "The question may certainly , "
if It can go any place , go to the suproum /
court of the United States and upon \tv\\J \
error obtained from tlmt tribunal wltb"tW
any reference to any of the Judges of the
supreme court of the stato. Tnoro is a ques
tion , however , whether the supreme court of
the country , and I have heard the matter
considered , would undertake to reverse the
decision of a state supreme court in inter
preting the constitution of Its own state , I
don't know , however , If there is much In
tlmt. I suppose the supreme court of the
United States would coiilino Itself to n con
sideration of the question of citizenship
which is involved In the matter. "
J. M. Wool worth : "Tho case of Governor
Boyd may bo appealed to the supreme court
of the United States by the allowance of u
writ of error by any one of the Judges of the
supreme court of the state or by any ono of
tlio nine justices of the supreme court of thu
United States. "
Ilnn. W. J. Connell : "I do not consider the
decision of the supreme court as to who shall
bo governor as ono seriously affecting the
welfare of the state. I believe Nebraska Is
bound to go nhoad without reference to the
controversy losardlng the chief oxosutlvc.
What I am now most IntcioUcd in in the
corn crop. With n good harvest all will bo
well this fall. So far as 1 am concerned , I
would have boon perfectly willing to tee
Governor Boyd continue to the end of his
two years. Ho 1ms always made a good ex
ecutive oftlcor , nnd I have long admired him
for his Independence and fearlessness as an
ofllcial. I presume ho is glud to got out of a
controversy which has now reached an end
by thu decision of the supreme court. From
a cold-blooded legal standpoint I am inclined
to think the decision of tho.supromo court is
right. I do not question the good faith of
Governor Boyd , in exercising as ho has in thu
past , the rights of citizenship. I believe hell
fairly entitled to every right which can bo
claimed on the ground of citizenship.
At the same time I am forced to conclude
under the laws of the United States no Is not
a citizen. With regard to the power of the
supreme court of the United States to review
the. decision rendered , i think it exists ni ,
cannot bo seriously questioned. A writ ol
error can bo allowed by u Justice of tun supreme
premo t-otirt of the United States , and the
causa can bo taken to the United Slates su
preme court without afllrmullvo action ol
our state supreme court , It is doubtful If H
decision could be reached during the term for
which Governor Boyd was elected. It
would , however , determine his rlt-hts , und U
favorable would make him eligible to the
ofllco of congressman or senator , to which il
has bcuu intimated ho aspires. "
A Moral I'ocni.
A'eii' Vorli Ilcrahl.
Tnoro was a man In our town
Who was so wondrous wUo
Ttmt when his business slumped way down
Begun to advertise ;
And when the public saw his npread ,
With all their might nnd main
Unto his place they straightway sped
And sot him up ugain
Highest of all in Leavening Power. Latest U. S. Gov't Report.
PURE
