3 OMAHA .DAILY. BEE ; TUESDAY , ' MAROTF 1 > 1892-TWELV13 PAGES.
THE DAILY BEE.
K. KGSKWATEU. Emion.
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EWOItN STATEMENT OP OIltOULATlON.
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Noturv Public.
AYPIIIKO Circulation lor Inniinry W4n'4l.
A JTUOK wlgwnm or more permanent
style of auditorium Is the crying no-
cnsslty of the hour for this convention
city. _ _ _ _ _ _ _ _ _ _ _
HosriTAHLE homes should bo opened
to the visiting Methodist clergyman and
laymen who tire to bo our guests In the
merry month of May.
COMMISSIONKH PADDOCK'S economy
consists in carefully calking up the
small leaks in order to increase the How
from the larger ones.
Now lot other good people rally to
the support of Mr. Milton E. Prco's
noble charity and contribute funds for
tlio euro of dipsomania.
No GOOD reason can bo urged against
utilizing : the information and facilities
of the Associated Charities for the dis
pensation of county charity.
WITH th.o ij dvancod prices -proposed
Tjrcs Oxnard company for sugar boots
fBrthi coming year , farmers all over the
" jttito can afford to experiment in sugar
beet growing.
GOVEKNOH BOYD ought to celebrate
this day ami keep it holy , for on this
day twonty-fivo years ago ho was raado
n citizen of the United States by the
ndjnission of Nebraska into the union.
SIXTEENTH street will remain the
principal north and south thoroughfare
of the city. Nothing can wrest from it
this supremacy. A viaduct on Pftconth
Btroot will not materially divert travel
from the direct thoroughfare.
GENERAL WEAVER of Iowa and
Ignatius Donnelly of Minnesota are the
most prominent candidates for the
people's party nomination for the presi
dency , with the cryptogram man only
two lengths behind the great Iowa
grconbackor.
ONCE more lot the statement bo re
peated : Omaha is the geographical
conterof what will in twonty-flvo years
to the greatest sugar boot growing and
beet sugar manufacturing region on the
globo. Alittlo enterprise and foresight
oan raako Omaha the commercial center
also.
THE democrats of Missouri contem
plate a. gerrymander of the congres
sional distrlota of the state which will
inalto the election of more thau ono re
publican congressman impossible. Yet
the republicans cast 200,000 votes in
Missouri and represent 45 per cent of
the total vote of the state.
THE Douglas County Agricultural so
ciety hiw decided upon holding a fair on
the old ground the last week in August.
Now lot an exposition association bo
/orinod to co-oporato with the county so
ciety and the two can make up an enter
tainment that will draw visitors from
the cntlro state and from western Iowa.
GENEUAI/ TEST returns from Dos
Molnea to Council Bluffs in the opinion
that n high license and local option law
will supplant the present inoperative
prohibitory statute , Tun BEE hopes
the gonoral'a judgment iacorroot. The
republican party cannot afford to longer
carry the doud weight of prohibition in
Iowa.
THE ladies of Omaha arc maintaining
their reputation for patriotic devotion
to the doctrine of homo patronage.
They are cheerfully enrolling tholr
ntimos as members of the Manufacturer
ana Consumers association , which in
volves an agreement to give Nobraskn
industries the preference in making
purchases , prices and quality bolnp
equal. _ _ _
CALVIN S. BUIOE a few days ago gave
utterance to the bright original thought
that Cleveland would certainly be the
nonunoo of the democratic national con
vention if ho should secure the votes ol
two-thirds of the delegates. The same
Btatosman now has n local democratic
organ announce for him another pollti
cal truth. Senator Brlco will support
the nominee of that convention.
WHEN Congressman Livingston re
turned to Covington , Gatho aouthon
alliance indulged in u grout domonstra
tlon. Livingston , Wilson , vice prosl
dent of the state alliance ; ex-Sonatoi
Zachary , a prominent member of the
order , all nmdo speeches. The mooting
resolved to 8tay with the domooratli
party in the presidential contest. There
Is no doubt that this is the sentiment o !
the southern alliance almo.it unlvor
tally , the St. Louis convention appar
ently to the contrary notwithstanding
Nebraska this day celebrates her silver
wedding anniversary. On the 1st day of
March , 1807 , the knot was tlod that
binds her forever in Indissoluble union
with the United States of America
The quarter of n century that has
olnpsod since Andrew Johnson ofllclally
proclaimed Nebraska's admission to
statehood has witnessed changes that
the most sanguine enthusiast about Ne
braska's destiny as a populous and prosperous -
porous state would not have dared , to
predict. Prom an insignificant territory
Nebraska has within the last quarter of
a century grown to bo ono of the most
populous and wealthy commonwealths in
the union.
In I860 the pooulatlon of Nebraska
was only n fraction over 28,000 , or about
one-half the present population of Lin
coln , or one-fifth the present population
of Omaha. In I860 the state of Iowa
only had a population of 081,018 , and in
1870 Iowa's population of 1,101,020 was
loss than 100,000 inoro than Nebraska's
population at this day.
Twonty-flvo years ago Nebraska had
loss than 2oO miles of railroad in full
operation ; today her railroad mileage
135,400. This is within 930 miles as
largo a mileage as the total railway
mileage of all the Now England states ,
nnd within loss than 400 miles aa largo
a mileage as is credited to the atato of
Missouri , and about the same mlloago
as now possessed by Wisconsin. Only
seven of the forty-four states of the
union excel Nebraska in point of rail
way mileage. And yet our railway sys
tem is incomplete and several thousand
miles of railway will bo added before the
end of the present decade.
Twonty-flvo yoars.ago more than two-
thirds of this state was marked on all
standard maps as the great American
desert ; within the lifo-tlmo of the pres
ent generation the desert has disap
peared from the maps and the state now
ranks as first among those embraced
within the great American corri belt.
Twenty-five years ago the settled and
cultivated portion of the atato was con-
lined to two tiers of counties bordering
on tlio Missouri river and a narrow strip
in the great Platte valley within the
right-of-way land grant of the Union
Pacific this side of the 100th meridian.
Today agriculture and stock raising are
carried on in ninety organized counties ,
extending across the entire state from
cast to west and north to south. Dur
ing the past year the grain and cattle
products of Nebraska computed at the
lowest estimate exceed 875,000,000 , ana
the products of Nebraska manufactures
exclusive nf the output of the Omaha
smelting works , which alone was over
320,000,000 , will exceed $23,000,000 in
value. In other words , Nebraska's pro
ducts of the farm , factory and mill exceed -
coed $100,000,000 lor the year 1891. This
is more than the entire vnluo of the
state with all its lands , towns , railroads
and chattels in the year 1807.
And yet Nebraska is only in her in
fancy , with vast resources that are
yet to bo developed. Those who will
celebrate the 50th anniversary of her
admission into the union will probably
see a state with from 3,000,000 to
5,000,000 inhabitants , with towna and
cities looming with an industrial popu
lation engaged in transforming the raw
products of Nebraska into manufactured
articles and in supplying the wants of
the tillers of the soil with every com
modity wo are now compelled to import
from the industrial centers east of the
Mississippi.
AN OISVIOVS FALLACY.
The platform adopted by the St. Louis
conference declares that "the interests
of rural and urban labor are the same. "
The fallacy of this proposition will bo
obvious to every practical farmer and
to every intelligent worldngman in the
cities. What1 is there in common be
tween the farmers alliance and the
Knights of Labor , so far as their ma
terial interests are concerned. It Is not
the hours of labor , for while the farmer
must work twelve hours a day the
city laborer works from two to four
hours less. It is safe to say that there
is not a farmer in the country who would
not oppose the demand for legislation
making eight hours a day's work for all
kinds of labor. The farmer might be
entirely willing that the mechanics in
the cities should work only eight houn
a day. but lie would insist that if com
pelled to employ farm labor on thai
basis ho would soon bo bankrupted. I ;
the interests of rural and urban laboi
are the same how docs it happen that ir
all legislation enacted or proposed foi
reducing the hours of work rural labot
has boo'n exempted ?
Tlio simple truth is that there can be
no identity of interests between the twc
classes of labor .tor the reason that thoj
are controlled and regulated by wliollj
different conditions. The rural worker ,
by which is 'meant the farmer , IB dependent
pendent largely upon the moods o :
nature. There are times when ho can
not labor , and when ho can ho finds li
necessary to make up for what has beer
lest. Ho cannot have a flxod schedule
of work , as it is feasible for nearly al
city laborers to havo. The man em
ployed in a * mill or factory is not concerned
corned about the weather , but it is n
very important matter to the man whi
has plowing or sowing to do. The ut
tempt to permanently unite the twc
classes of labor , rural and urban , on the
ground that there is identity of Interests
between them , muat fall because UK
proposition contravenes actual and un
alterable conditions. It does not follow
from this that they arc antagonistic
although it is to bo observed that so fai
as the reduction of the hours of labor tr
the manufacturing industries tends t <
enhance the price of the products o
auoh industries It may operate to tlu
disadvantage of rural labor. But then
is no necessary hostility between th <
two classes. Each is simply regulated
by circumstances and conditions peculiar
lo itself , nnd thoeo always have existed
nnd doubtless will continue to oxUt re-
frardloss of the declarations of conven
tions of the disgruntled nnd discontented
or the theories of demagogues.
K of tin : an.ixi ) JVHV.
The grand jury is to bo highly com
mended for striking a deadly blow at
boodlorlsm in Omaha. The indictment
of three members of the late boodle
council and the late street commissioner
is the dawn of the beginning of a
new era.
Our city and county government have
for years boon the hotbed of jobbery and
corrupllon. Doodling ofllclnls and con
tractors have looted tlio city treasury
and filled their own pockets with plun
der. The plain letter of the law , wnloh
forbids city nnd county ofllclnls from
being interested directly or indirectly In
contracts for * work or materials ,
has boon defiantly ignored. Councllinon
liavo not only beep interested with con
tractors and franchise corporations , bu t
they have .actually taken contracts for
materials and work required by the city.
The grand jury has done well so far In
view of the obstacles'put ' in its. way 'and
the evasion of contractors who have
manipulated county and city ofllclala In
testifying. There Is still n great deal of
good to bo accomplished by the grand
jury in pushing Us inquiries to the bottom
tom of the pool of corruption. Lot the
city be purged of boodlors at any cost.
A VllOSVKllOVS SEASON.
Unless all signs fail 1802 will pass into
history ns ono of exceptional prosperity
to Omaha. Already the number of
building enterprises Inaugurated or to
bo inaugurated surpasses the expecta
tions of our builders who sought to fore
cast the season's business sixty days ago.
Brick blocks and fine residences are
promised in nil directions. The aggre
gate expenditures for the year may not
equal these of 1888 and 1889 , but they
will bo satisfactory to the conservative
people of the city , who predict for
Omaha n steady advance year by yon * in
commercial importance and population.
Aside from the private buildings
which are contemplated , the city will
enjoy the benefits which How from the
expenditure ot not less than half a
million upon the federal building , per
haps 8300,000 on school buildings and
sites , and a hulf million more at least in
parks nnd public improvements. The
South Omaha forward push in the pack
ing house interests will also benefit this
city. Work will begin upon Fort Crook
too before the year ends , in all proba
bility. The manufacturers are encour
aged to enlarge their plants by reason
of the improvement of business in their
lines as the result of the homo industry
campaign. The several great conven
tions are also a source of cash. In fact ,
the year is big with promise , and every
citizen of Omaha can reasonably antici
pate good times with the opening of
spring.
THE BiNDrxa TWINE DUTT.
The report of the minority of the
ways and moans committee , in opposi
tion to placing binding twiao on'tho
free list , presents cogent arguments
which will carry conviction to the
minds of all parsons who are unwilling
to see the binding twine industry in the
United States destroyed by foreign
competition.
The report points out that under the
Mills bill the raw materials used in the
manufacture of binding twine wore made
free and the duty on the twine > vas re
duced to 25 per cent ad valorom. The
present tariff law does still hotter , leav
ing raw materials free and making the
duty on twine seven-tenths of a cent per
pound , which is loss than 10 per cent ad
valorom. The report says that the ma
jority of the committee propose to
destroy the business ot at least ono class
of American citizens for the assumed
benefit of another class , nnd yet on
every occasion this same majority are
loud in their denunciations of class
legislation. The fact is , says the mi
nority report , the removal of this duty
would simply benefit foreign producers
and foreign consumers of the surplus of
American wheat. In the end the farm
ers would boar whatever burden falls to
the Americans. Destroy American
competition and you louvo the farmer
entirely at the mercy of the foreign pro
ducer and importer.
Nothing is more certain than that
this would bo the result of breaking
down the binding twine industry in the
United Statos. The moment the Ameri
can competition was destroyed the for
eign manufacturers would advance the
price , and it would bo only n question of
time when the American consumers of
binding twine would pay more for it
than they do now. The moderate pro
tection which the tariff gives this in
dustry is simply sufficient to enable it to
exist against foreign competition , and
to remove that protection would bo to
surrender the American market to the
foreign manufacturers , with the result ,
as the minority of the ways and moans
committee state , of throwing thousands
of men out of employment , ' rendering
millions of dollars of invested capital
useless , and turning $2,000,000 in wages
annually to the laborers of other coun
tries. Ilomp production in this country ,
also , which is of increasing importance ,
would bo abandoned , to the loss and in
jury of a largo number of our people.
There is absolutely no valid reason for
removing the small duty on binding
twine. It does not shut out foreign com
petition nor give the American manu
facturer an opportunity to realize moro
than a fair profit on his product. It is
not oppressive to tlio consumers of
twine. It is simply a reasonable and
necessary safeguard to a growing indus
try which already employs n consider
able amount of capital and labor , and
therefore ought to bo maintained. It is
probable , however , that the bill putting
binding twine on the free list will pass
the house. As n free trade measure ,
pure and simple , it will hardly fall to
receive the support of the majority of
that body. In that ouo : it will become
the duty of the republican senate to put
itself ( irmly in opposition to this attack
upon an important American industry
, in the solo interest of the foreign rmnu-
faeturers.
SENATOR DAVID B. HILL , candidate
of the Tammany democracy ( or presi
dent , evidently does not Intend to lot
the grass grow under his foot between
now and the date of the meeting
of the national con ontion. It is stated
that ho does not pt pose to glvo much
ot his time to so atorinl duties , nnd
among thonnnoum i monts of his designs
already made Is a t p which willonnblo
him to fool the soi horn pulse on the
question of his cauuidncy. Ho is booked
to nddress the legislature ot Mississippi ,
and on the way to the po rformanco of
that obligation ho will undoubtedly find
opportunity to talk ton number of south'
orn audiences. From Mississippi It Is
understood ho will go into Indiana ,
probably with n vlow to making some
sort of a deal with Gray. Mr. Hill
ought to bo received cordially by the
southern democrats , for the reason that
his political methods nro very much In
harmony with theirs. The fact ot hla
having stolen the legislature of Now
Yorlc will undoubtedly commend him to
the enthusiastic reception of the politi
cians who have boon for years holding
power by depriving tons of thousands of
voters of tholr rights. And Mr. Hill
probably would not hesitate to toll them
that in this they have done right and
that it Is tholr duty to cdntinuo to do so.
It would not bo surprising If ho should
make a favorable impression in the
south. At present the sentiment in
that section is largely for Mr. Cleve
land , but the fooling Is gaining therens
elsewhere , that the availability of the
ox-prosldont is declining , and In the
unsettled condition of the democratic
mind regarding candidates Is the oppor
tunity of Hill , at least In the south , to
gain adherents.
IT is announced that Secretary Blaine
and the British minister have signed a
treaty looking to the arbitration of the
Boring sea question. This having been
accomplished there would seem to bo no
good reason for further delay In submit
ting the matter , beyond what may bo
occasioned in waiting for the acceptance
of the go\'ornmonts which It is under
stood have boon asked to act as arbi
trators. These are Italy , Franco and
Sweden , nnd there has boon no intima
tion that any of them would decline.
The British government will have two
representatives to present its case and
the United States two. In the meantime
it is presumed that the modus vivondl
agreed upon last year will bo continued ,
and that the killing of seal will not bo
permitted beyond the limited number
allowed under this ngroomont to the
company having the privilege from this
government.
EAST OMAHA' ' ' js in Nebraska accord
ing to the decision of the supreme court ,
or to speak accurately all of East Omaha
except the Island'iS Th Nebraska. The
full text of the decision of Justice Brewer
will bo awaitoc " \Jlth some interest
to see exactly how sweeping it is. Judg
ing from the meager details of the dis
patch received yesterday the court
holds either that all of East Omaha
( except the Island ) and both ends of the
two bridges ard V"in * tfiis state , or the
present channel is'tho ' boundary nnd the
island is in jNjjJjrnsJca As the East
Omaha people admitted that the island
'i in Iowa , it is bonefudod the decision
l ' '
' '
will so hold.
MAJOR GEORGE II. BONEDRAKE of
Los Angeles is said to bo slated for min
ister to Japan to succeed the late John
F. Swift of San Francisco. Major
Bonobrako is a wealthy banker of the
angel city who has contributed a great
deal of time and effort to the republican
cause. Ho is not so able n man as
Swift , but ho is far more popular , and as
southern California is the republican
stronghold of the state his appointment
is good politics.
JUST why Governor Boyd dooms it
essential to have n Board of Fire and
Police Commissioners in Omaha "in
harmony with his administration" is
only clear to practical politicians. The
average citizen regards this point with
absolute indifferenceprovided the afore
said board is in harmony with the
principles of honest municipal govern
ment.
THE East Omaha case involved pe
culiar questions of law unlike any found
in the books. Justice Brnwor's decision
will go down to future generations as
an important precedent.
An Dillons Comparison ,
Unmln Journal
John M. Tliurston may not bo elected vice
president , but bo has at least tlio satisfaction
of knowing that tbo discussion bas rnado bis
immo as familiar to tbo uowspapor readers of
tbo country as any baking powder advortho-
mont.
A Lucky lllunclcr , ,
Norfolk ffewt ,
Tbo Onmba World-Herald gives tbo next
republican nomination for state treasurer to
"Jobn Bortloy."Ot course that's ' another blun
der , but Joa Hartley , Holt county's rustling
favorite son , nan tbank bis stars for it. Ho
baa a yountf nrm.v of frlonds In these parts
wbo rojolco la tbis bit of evidence tbitt ho Is
not personally acquainted wltU tbo World-
Hitchcuck , . .
T.
ltriiil | ltii 'for Siiflcuns.
< lniml lilfinU Time * .
Tbo comlnp camp lgn'muit ' bo nn aggres
sive ono ou tbo partbf republicans , and tboy
must not bo handicapped by the nomination
of men of quoatlonftWfl standing or doubtful
reputation , \vhoso * previous record would
need wbltowaBblnq'6r ' explaining away. The
nomination of BucH , mon sltnply moans
Ignominious dofoat.j , > ytu ( honest , honorable
candidates , wbo have boon tried and found
faithful to every trtut llnposod In thorn , men
wboso selection will"bo an honor to tbo
party , wo will bo successful ai In tbo past ,
' ' ' ' ' " '
but not otherwise.
ill -
11 t't
DoiiKlUH Coimlx Must I ! " Ileunl.
( Irantl IthuntImlipsmltnt ,
An attempt to "studiously Ignore Douglas
county" In making nominations , as Is talked
ot by some fool republicans , would prac-
ticallyamnunt to an attempt nt aulcldo and
should bo abandoned by every republican of
sense who oaros for the success of bis party.
Douglas county , the homo of tbo otlior candi
date , saved Judge 1'ost from defeat , L jug-
las county is still a uart ot Nebraska , and au
important feature In bor political as well as
In bor business life , and we are glad to own
her as such , and look upon nnv attempt to
deny her volco In proportion to her im
portance as tbo extreme of both folly and in
justice. Tbo follow * who are engaged In
kicking Omaha might put their efforts to a
much better purpose.
BACK IN TERRITORIAL TIMES
Earliest Sessions of Nebraska's Supreme
Oourt and the Records Thoroof.
BROUGHT BY THE BELLEVUE BUCKBOARD
rirst HpMlon In IVIirimry Vift , lint No lliul-
IICAH Suit on n ProiuUfiiiry Note 1'lriil
on llccoril . ) u tlro llnrilun Didn't
I.lko frontier l.lfc.
Those nro the days wbon there nro court *
and courts , courts xvhoro plaintiffs nnd de
fendants , with the aid of attorneys , parndo
tholr grievances before the public : whore
wrongs are righted ; where judgments are
rendered nnd where criminals nro convicted
o' the crime * that tboy have committed.
Those courts have oxlstod In Nebraska for
thirty-eight years , but they have not always
boon as numerous as they are at present
when twenty-seven district Judges look after
tbo legal wants of the residents ot tbo IItoon
Judicial districts ot the state , to say nothing
of the gentlemen wbo wear the ermine of
tbo supreme bench nnd tholr less Important
brethren wbo occupy the bench In each
county and are known as county Judges ,
Thirty-eight years have passed since the
11 rat Judicial tribunal convened In what Is
now tbo state of Nebraska. To Omaha falls
the honor of being tun place wliero the supreme
premo court hold its llrst session that cou-
vcnod February 10,1835.
That was during the old territorial days
when the entire territory could boast of n
population of only 4,4(11 ( souls , distributed
through the counties of Burt , Cass , Dakota ,
Dodge , Douglas , Nomahn , Otoo , Pawnee ,
Kichardsou and Washington , but Instead of
there being twonty-sovou Judges upoa the
district bench , there wore but three And in
dltlon thereto they looked attor all ot the
business ot the supreme court as well.
The Flmt H11 promn Judge * .
The honorable gentlemen who occupied the
high position were Cblof Justice Founor
Furgusou , father of the Hon. A. N. FurRU-
sou of this Judicial district , Hon. James Brad
ley and Hon. Edward K. Harden. They
were all appointed by President Pierce
shortly of tor the territory of Nebraska was
organized.
Chief Justice Ferguson Wits appointed
from Michigan nnd Associate Justices Brad-
Icy and Harden from Indiana.
The llrst term of the supreme court was
bold in the old territorial state house , a two-
story brlcK stracturo that stood on the west
sldo of Ninth street , between Farnam and
Uoticlas street * . It was tbo first brick build
ing erected In the Missouri vnlloy west of the
Missouri rivor. Tbo dimensions were 93x70
foot and tbo contract price was J3.000.
On Monday morning , Fooruory 10. 1835 ,
the people of the llttlo frontier town were
some what surprised when they were in
formed that the supreme court would hold a
session on that day. During the previous
night tbo Bellevue stage , which was nothing
moro thau a buck board , drawn bv one horse ,
rolled into town with two passengers , Hon.
Chief Justice Ferguson and Hon. Edward
Harden aboard. Shortly after breakfast , a
gaping crowd of frontiersmen and claim-
holders gathered at tbo state house to await
the corning of the Judges , It having bonn pre
viously announced that they wore In'tho
oity. As the two strangers turned tbo corner
of Ninth uod Farnam streets the crowd about
tbo state house expanded Us lungs and gave
vent to a genuine western whoop , similar to
these that only a tow months p'rovlous had
frightened the Indians and driven them to
the bluffs west of tbo city.
Tbo judges , for the strangers were tboy ,
pressed on and a few moments were grasp
ing tbo hands of the warm hearted and sturdy
pioneers. The reception was of abort dura
tion and tbo Judges entered the legislative
council chamber whcro they at once an
nounced that J. Sterling Morton had boon
appointed clerk of the supreme court of the
territory of Nebraska. The late Jesse Lowe ,
the llrst deputy United States marshal ,
opened court with the sterootynod expression ,
' Hearyo ; hoar yo ; the honorable , the supreme
premo court of tbo territory of Nebraska Is
now in session. "
Journal or the Sesulon ,
An old document , faded , tailored and torn
tells the rest of the story.
This document , which is nothing loss than
the Journal of the supreme court from 1855 to
1857 , is tucked away in tbo vault of tbo ofllco
of the clerk of the district court of Douglas
county and is treasured as carefully as
though It was worth its weight in gold. It
contains nineteen pages , is tied with pink
tape , neatly written , but the writing as well
as the paper shows the ravages of time. The
flrst entry is this :
"February 19th , 1855. in pursuance of
oxecutwo proclamation the supreme court of
Nebraska commenced Us llrst session in the
council cbambor of the state house , Omaha
City , Douglas county , Nob. Tor. : Present ,
the Hon. Fenner Ferguson , chief justice , and
the Hon. Edward R. Harden , assoclato jus
tice.
tice."Proclamation
"Proclamation was duly made by Jcsso
Lowe , deputy marshal. An order signed by
the Judge , appointing Julius Sterling Morton ,
oq. , clerk of tbo said court , was duly filed
and tbo ofllcial oatb administered by the
chief Justice.
"Hon. E. Estabrook , United States district
attorney of said territory , was In attendance.
There being no business In readiness , the
court adjourned till 3 o'clock D. m. tbo 2utn
Inst. "
That completed tbo flr&t day's business of
the first session of the supreme court of Ne
braska.
The next day was even moro barren of ro-
suits , as tbo journal shows ibis entry :
"Tuesday , February 20. Court mot pursuant
to adjournment , and there boinc no quorum ,
in consequence of the absence of Associate
Justice Harden , who Is tick , Chief Justice
Ferguson adjourned court until 3 o'clock p.
in. tomorrow afternoon , Tuesday , 20th Inst. "
Tbs following day. tbo bour of adjourn
ment having arrived , the following entry
was made upon the journal : "Wednesday ,
February 31 , 1835 , tbo court mot pursuant
to adjournment ; present tbo Hon. Fenner
Ferguson , and owing to continued Illness of
Hon. Judge Harden court adjourned until
tomorrow at 4 o'clock p. m. "
Ailmlttoii u Lot oC Lawyers.
Owing to tbo protracted lllnoss of Judge
Harden the court adjourned from day to day
until March 0 , when tno journal shows the
'following proceedings ;
"Tbo court mot pursuant to adjournment :
present , Hon. Chief Justice Ferguson and
Hon. Assoclato Justice Harden. Deputy
Marshal Lowe bolng absent , court was called
to order bv tbo clurk. Tbo Hon. Attorney
General Experioncn Estabrook addressed
the court in preface of tbo following mo
tion :
"Territory of Nebraska , supreme court ,
February term , A. D , , 1855. And now comes
tbo attorney of the Uultod States lor tbo ter
ritory of Nebraska and makes known to tbo
court that O. D. Hlohardson , A. J. Hanscom ,
A. J. Popple ton , Samuul E. Hogors , William
Canfleld , A. L. Sharp , H. P. Bonnet , J , M.
Latham , J , H. Sherman and A. D , Jones , are
anci all have been members of tbo bar in good
and regular standing In other states of the
United States.
"Tho court is therefore moved that tbo
above named persons bo admitted to practice
under tbo rules of tbis court as attorneys and
counselors at law , and solicitors la chancery
at this bar. "
Chief Justice Ferguson addressed tbo ap
plicants for admission and was followed by
Associate Justice Harden , after which the
following rules of the court , .willed bad boon
prepared by Cblof Justice Ferguson were
subscribed to by the attorneys wbo bad ap
plied and bad been duly admitted to practice.
Kulus of the Court.
"Ordered that the following rules shall
commence and take effect on this sixth day
of March , A , D 1B35.
" 1 , Applicants for admission to practice
as attorneys , solicitors and counselors of
this court , who are entitled to examination
shall bo examined in open court ou tbo second
end dav of oaoh annual term.
' -j. To entitle an applicant to examination
bo must prove to tbo court that bo Is a cltlzeu
of the United States , and tnat ho is 31 years
of ago , which proof may bo nmdo by bU own
aflldavit ; that ho Is a person of good morul
character , wblcb fact may he shown by the
certificate of a reputable counselor of this
court , or of some other reputable versou
known to the court , but such cortillcato
shall not bo conclusive nor preclude further
examination and enquiry Into tbo character
of the applicant.
" 8. Attorneys , tollcltor * and counselors of
this court may practice ns such In any of the
court * of the territory.
" 4 , Any person wbo shall prociuco tonny of
justice : ) of ibis court In vacation the ovl-
donco required In rule three , shall upon his
application bo llconscd to practice In all the
courts of the territory until the next annual
term of this court , provided the Judge to
whom such application may bo mnilo , shall
bo satisfied ot the propriety of granting such
llconso.
' 3. On process or papers to bo served tbo
attorney or solicitor shall endorse hit name
nnd place of residence , and It ho shall neglect
no to do. papers may bo served on him
through the mall , by directing them accord
ing to tbo best information that can bo ol > -
talncd ctnccrnlng his roildcnco. This rule
* hall apply to n party who prosecuts or de
fends in person , .vhother bo bo an attorney
or solicitor , or not.
"U , Service of notice of nppcarftr.ee or re
tainer generally , by an attorney or solicitor
for the defendant , shall In nil cases bo doomed
an appearance , and the plaintiff on filing such
notice at any time thereafter , with proof of
the time ot sorvlco , may have the nppcar-
RIICO of the defendant entered as of the tune
when such notice was served.
" 7. Tlio private agreement or consent bo-
twecn the parties or their attorneys or nollcl-
tors In respect to the proceedings in a cause
shall not bo binding unless the same shall bo
in writing and subscribed by tbo partv
against whom the same shall bo alleged , or
by his attorney , solicitor or counselor , or tin-
loss the same shall bo reduced to the form ot
an order by consent and entered.
" 3. Whenever It shall bo necessary In any
nftldavit to swear to the ndvlco ot counsel ,
the party shall In addition to the other nec
essary tacts , swear that bo has fully and
fairly stated the cose to his counsel , and
shall bo sot forth the name and residence of
such counsel.
" 0. Personal sorvlco of papers upon an at
torney or solicitor may bo by delivering the
.lame to such attorney or solicitor , or In the
absence of such attorney or solicitor by leav
ing the same between the hours of 0 o'clock
la the morning and 0 o'clock in the evening ,
In the ofllco or place of residence of such at
torney or solicitor , with some person of suit
able ago and discretion.
10. "No special motion or application will
bo hoard by the court unless a copy of the
papers In which such motion or application
Is rounded shall have boon served upon the
opposite party , when such party prosecutes
or defends in parson , or upon his attorney or
solicitor , wbon such party appears bv attor
ney or solicitor ut least threu days bofora the
day on which such motion or application Is to
be hoard. "
In addition to the above the journal shows
tbo following entry : "Tho motion to admit
attorneys to practice Includes J. D. N.
Thompson , William Kemptou , T. L. ( jlbbJ.A.
C. Ford and A. V. Larimer.
"Tho foes of the clerk for the admission of
attorneys WAS by consent fixed at fc30 ! per
member.
"It was ordered that the rules as engrossed
bo spread upon the journal. "
The attorneys wbo had just boon admitted
were conducted botorc the chief justice who
administered the following oath , to which
they afterwords subscribed : "Wo severally
do solemnly H\vca.t that wo will support the
constitution or the United Status and that
wo will faithfully discbargo the duties of at
torneys , solicitors and counselors of the
supreme court of Nebraska to the best of our
ability. "
Tbo first term of the supreme court was
then adjourned.
Ailjiiiirnpil In Dlfigiist.
The time sot for the convening of the
second term of court was on Tuesday , December -
comber 11 , 1855. On that day the following
entry was made by the clerk , Jnultson Bar-
rltt , who had boon appointed to fill tbc va
cancy caused by the resignation of I. Sterl
ing Morton :
"Bo it known that on tbis second Tuesday ,
the llth day of December , A.D. 1853 , it being
the day set by law tor the session of the supreme
premo court for the territory of Nebraska.
Present , Attorney General Experience Esta
brook and Deputy Marshal I. D. Patterson ,
and there being no justices present , tbo court
stands adjourned until tomorrow morning at
9 o'clock. "
Wednesday , Thursday , Friday and Satur
day of that week Clerk Barrett went to the
court room and then ho became disgusted.
Ho concluded that tboro would bo none of
tbu justices in attendance , and by virtue of
the authority invested in htm the following
journal entry was made :
"Saturday morning 3o'clo"clc , There boli'g
no Justices appearing , the court now stands
adjourned until Uio second Tuesday of June ,
A.D. 1850 , according to law. "
The Docket Was Very r.Iglit.
When the time for holding the Juno term
of court bad rolled around Cblet Justtco
Ferguson and Associate Justice Bradley
were present , A morning session was held
on Tuesday , but tboro bolng nothing for
rial , un adjournment was ordered until the
next morning. Then the clerk made up the
ournal whlcb road as follows :
"Thoro being no business before this court ,
it Is adjourned.
[ Signed ] F. PKHOUBOX ,
Cbief Justice. "
Tnreo terms of court bad been hold nnd
nothing had been done. There were no
cases for trial and no business in sight. Justice -
tico Harden bad become distrusted with
pioneer Ufa and had resigned to return to bis
native heath lu Indiana , but in the mean
time the Hon. E. Wokelov , then of Madison ,
WU , , but now a resident of this city bad
been appointed to fill the vacancy.
Mlsucd a Couple of Terms.
The December term of 1850 and the March
term of 1S37 wont by default , but during the
vacation the territorial legislature bad con
vened and llxod upon , 'unu' ' ) , 1S57 , as the
time for holding a torm. In pursuance of
that order court convoncd on Juno ' .I , and tbo
Journal shows that tbo following proceedings
were bad :
"Present , Chief Justice Hon. Fonncr Ferguson -
guson , Hon. Eleazor Wnkoloy , assoclato Jus-
tlco ; K , Estnbrook , United Stntos attorney ,
and B , P. Unnkln , United States marsh M ,
"Tho court appointed Messrs. Estnbrook ,
llowcn nnd Chapman a committee tooxnnilna
applicants for admission to practice at this
court ,
"Tho court also appointed James M. Woolworth -
worth reporter for the supreme court. There
upon the court adjourned unlit tomorrow
morning at 8 o'clock n. m , "
The rir < t CIIKO.
Wednesday wn Important day. The lone-
looked-for event had come. Tboro WAS acnsa
for trial , it was ono that bad worked lu
way up from tbo Justice court and upon the
journal was recorded ns "William F. Scott ,
appellant , vs Patrick Corngan , appellee.1
The suit originated when Scott failed to pay
n promissory note. The trial In the supreme
court did not furnish any parson 11 gront
amount of satisfaction as it was settled , as
this entry would indicate : "In this un.so , by
consent of the parties , the court ordered tbo
suit dismissed at the cost of the appellant , "
To vary the monotony that wns caused by
the disposition ot the Scott-Corrlgnu cnsa
Albert. L. King moved that John C. Wilbur ,
Alfred Saycr , Charles W. Pngo nnd Au
gustus MACOII bo admitted to practice. They
produced tntisfactory nvidoucoof having the
requisite amount of legal knowledge , and
after pitying the $200 fco and subscribing to
the rules , were duly authorized to appear In
any of tlio courts over which iho judges
presided ,
Otimlm'n Mayor Unforo the Oourt.
The uoxt day the case of U. li. Hldci
ncalnst I , H. Miller was called. Mlhor was
tbo mayor of Omahti and bad Impris
oned Hldor. who bad committed soma
crlmo la violation of tbo city ordinances.
The ease cnmo up on a writ of habeas cor
pus. After the arguments had been mndi
Cblof Justice Ferguson Issued tbo following
order : "Application having boon made on be
half of U. H. UiJcr for a writ of habeas cor
pus. alleged to bo unlawfully detained by onu
1. II. Miller , mayor of tbo city of Omaha , It
Is ordered by the court that arll IBSUO , re
quiring said I. H. Miller to have the body ot
C. H. Hldor before the supreme court on the
34th duy of Juno , Inst.to bo dealt with ac
cording to law , nnd thereupon the court ad
journed till Wednesday , Juno 34 , last , , aa 10
o'clock a.m. "
When the cnso was called for trial the roo-
ord shows the following proceedings : "And
now comus the applicant by bis attorney ,
Augustus Mncon , and moves tbu court to dis
charge C. H. Hldor from further custody , al
leging for cause , tbu want of Jurisdiction ol
the mayor of the city to act ns n Justice of
the poaro. " Which case was argued by tuu
counsel , Hon. J. M. Woolworth appearing ou
bobiilf of the city of Omaha.
"Tho court took tbo case under advisement
until tomorrow ut 10 a. m. "
The next day upon the convening of tha
court the following order was spread upon
the record : "It Is ordered by tbo court that
the case of C. H. Kidor vs. 1. H. Miller bo ro.
manded to the mayor of t'ne city or Omaha to
await such further action as the mayor of
tbo said city shall see lit to tnko therein. "
Tnat ended tbo llrst cnso In which the citv
wns n party. It ivns also the first case in tha
Nebraska supreme court In which Hon. J. M.
Woolworth appeared us tin uttornoy. Both
the city and the lawyer won their maldeu
case.
case.Tho same dav John S. Cblpman , S. W.
Cozzens. Alien A. Bradford , W. F. Lock-
wood , Jobn B. Meredith and I. H. Snhtor
were admitted to practice , after which court
adjourned until July 15.
Couldn't ( let Together.
On Juno 15 court convened , but lacking a
quorum au adjournment until the following
day was ordered. On that date matters
were in as bad shape us on th.o previous day
and an adjournment was ordered to Friday.
July 17 at 10 o'clock a. m. During the uight
of July K ! Assoolata Justice Samuel \v.
Blaok , who bad been appointed lo 1111 the
vacancy caused by tbo resignation of Asso
clato Justice Bradley , arrived and in the
morning appeared in court , but as Chief Jus
tice Ferguson was absent , having returned to
bis homo at Bellevue , court adjourned unlit
Iho following mornlncr.
The next day the motion to dissolve the injunction -
junction in tbo case of Jobn McMoochnm and
Alex F. McConnell vs S. P. Nucuols was
arcrued and overruled.
Following this came ibo case ot tbo case of
the territory of Nebraska ox rel W. T. Scott
vs Jesse Lowo. The record shows t hat Lowe
moved for a dismissal , alleging that the court
bad no Jurisdiction lu tbo promises. Tha
motion wns granted and court adjourned
until ScDtembor 3.3.
On that date there worn no cases ready for
trial and the term went over until Decem
ber 8.
Tbo December term was barren of results.
The clerk was present , but nnl u judge was
In attendance. For four days the clerk ad-
journcd the term trom day to day and then
ontoicd an order adjourning court until Ibo
Oclobor term , 1853.
At that term the judges were present and
succeeded in transacting considerable busi
ness. It wns the dote for Iho beginning of
holding terms of tbo supreme court at stated
intervals , whloh practice hai continued to
tbo present timo.
Lett the Catholic Priesthood.
NEW YOIIK , Fob. 39. In the prosonoo ot
over 10 ( ) persona assembled in Christ's mis
sion ball last night , Father Nicholas Hea
ding , who was ordalucd a priest In 1879 by
Bishop Kenrick of St. LouU , renounced the
doctrines of tbo Koman Catholic church and
declared his intention to devote tbo re
mainder of bis life to teaching Catholics
"tho only true religion , " as ho expressed it.
Twelve HultH Against tlio Wuuiisti ,
ST Louis , Mo. , Fob. 29 , Twelve suits
now stand against the Wnbash railroad ag
gregating 3101,000 , growing out of the nccl <
dent to a sleigh last month \vh n eight pori
sous woio killed.
B. W. Corner 15th anil Douglns SU
A few '
Stubborn Facts-
Our spring invoice of nice novelties in
children's wear is
now arriving.
The jerseys and
kilts are special
ly choice , and
mothers are urgently -
' gently invited to
call at our hand
somely appointed children's parlors on the
second floor and inspect the new thin gs.
We will not show out of date clothing for
your boy because we haven't carried over
a single dollar's worth , Everything is new
and desirable. Gentlemen will find it ad
vantageous to purchase their furnishing
goods of us this week as we are making
special prices.
Browning , King & Co
W. Corner iSth and Douglas St.
