THE OMAHA DAILY ! BEEU : All DAY , JANUARY 6 , 1893 ,
Senator Vilixs Mnkca an Able Argument
Against the Fending Bill ,
HE DECLARES IT IS UNCONSTITUTIONAL
Clone Attention Pnlil ( lip Oentlmnnn from
\ri cnn lit Ormmiicril 'n * n Htrp To-
trnril tlin Onlriillrntlmi of I'ower
In tlio Homo
D. C. , .Tan. f. . The feature
of loilny's session of the senate was the
npoecli delivered by Mr. Vllns , democrat ,
from Wisconsin , against the anti-option blllr
For nearly three hours ho held the undivided
Attention of the supporters and opponents of
the nicnsuro whllo ho slated In n prepared
argument , delivered with great earnestness
nnd impresslvencss , the constitutional ob
jections which , In his opinion , precluded the
possibility of Its passage by the senate.
Ho denounced It as a flagrant ndvanoo to
centralization and ns Involving the charac
teristics of the most jjdlous paternalism ,
There was a colloquy between him nnd Mr ,
"Wushburn , republican , from Minnesota , who
lias clmrco of the bill , In the course of which
the question was put to Mr , Washburn ns to
whether ho would accept an amendment
that would confine the operation of the
measure to operations that were absolutely
cnmbllng nnd In which there was to bo no
delivery ; but the Minnesota senator hesitat
ingly declined- answer the question nftlrin-
ntlvcly , remarking that ho did not believe
that any such restriction would bo effective.
The bill has pone over until Monday noxt.
tomorrow ami Saturday bavins been sot
npart for the consideration of the two bills
In relation to quarantine and Immigration.
Mill Introduce * n Ituanliitiuii.
Mr. Hill , democrat.from New'York , offered
the following resolution , which at the sug
gestion of Mr. Chandler went over until to
morrow :
Kesolvcd. That Ilio clorli of the sunalobo
directed lo transmit to Ilio liniinralilo secretary -
tary of state , ueopy of sentvln bill , now pond-
Jus in till * body , entitled , "A Hill for tliti Sus-
iicnslon of ImmlKrutlon for One Year , " ana
tlwt tlu > secretary of stain l > i > , and hereby Is ,
rciiiee.t fully requested to Inform tlin nemilo at
hlu curliest convenience , whether the provl-
filon > - < if the .said bill absolutely suspending
ItmfilnniHcm for Ilio period of onu year , arc In
conllletvltli any treaties now ox1stUK ! between
the United .States and any foreign countries ;
nnd If MJ , wltli what countries ; and any fur-
, thur Information which ho nmy deuia neces
sary for thu Information < > [ the senate In
relations to tim propriety of the uiiacliuont of
the said bill In Its prc.sunl form ,
The liouso joint resolution directing the
secretary of ho treasury to cover back Into
the treasury 18,800 of the appropriation
made by congress to pay the Chocktaw and
Chlckasaw tribes of Indians for their inter-
cat in lands of the Clicyenno nnd Arapahoe
reservation , ( that sum bolng more than was
actually due to the Chocktaws and Chlelca-
saws ) , was taken up and passed with an
amendment.
Mr. McPhcrson , democrat , from New Jer
sey , gave notice that ho would address the
senate next Monday on his bill to suspend
the purchase of silver bullion under the
Sherman act.
Senate bill permitting M. P. Deady.Unitcd
States judge for the district of Oregon to resign -
sign on or after March4 next , and thereupon
to bo entitled to draw his salary as Judge
during his life , was passed.
geuato bill to pay to the assignees or legal
representatives of the late John Hoach , shii |
builder , a JiS.lGO balance duo on the United
States steamship Dolphin was also taken up ,
discussed for over an hour , and finally laid
asldo without action.
Scnato bill concerning the testimony in
criminal cases , or proceedings growing out
of the Interstate commerce law was , on 1110-
tlon of Mr. Wilson , republican , from Iowa
taken from the calendar and passed. ( II
provides that no person shall bo excused
from testifying on the ground that hi ;
testimony might tend to criminate himself
Heimtor VlliiH' Great Argument.
The nnti-optibn bill was then taken up
and Mr. Vilas , democrat , from Wisconsin
addressed the senate in opposition to it. lie
opposed the bill because it was unconstitu
tional , anil to that objection ho directed
mainly his remarks. It was not merely thai
the bill was unconstitutional in transcending
the proper limits of congressional power
but it directly invaded the sovereignty am
peculiar government functions of tno state
It was a step , a flagrant advance lo central
izatlon. It involved , in his opinion , tin
characteristics of the most odious paternal
ism. No one claimed it to bo a revcmu
measure. It might bo summed up absolute ! :
ns beyond question that the object and pur
pose of the measure was not to raise revenue
nue , but to apply the federal power as will
hydraulic pressure to the extermination o
the now universal method of making sale
of the enumerated articles. Ho dealt will
the bill as it had relation to the Icgltlmat
transactions which were based upon am
supported by the laws of every state In th
union.
Mr. Wnshburn , republican from Minnc
aota , nsked Mr. Vilas whether contract
would bo enforced by any court when th
. facts were absolutely brought out thu
neither party to them expected a delivery a
the article.
Mr. Vilas Clearly not ; and nothing tha
I have to say in this debate will have th
least reference to any such contracts , oxeep
to distinguish them entirely and set tliei
apart from these with which this bill i
chiefly concerned.
Mr. Washburn Then O."i per cent of sue !
transactions would not bo enforced by tli
courts , because i)5 ) per cent of such transai
tlons on produce exchanges and cotton c >
changes are precisely of the character an
ura so recognized the world over.
Mr. Vilas I should like to ask the senate
whether ho would accept an amendinen
which shall limit the effect of this bill t
such contracts an both parties intend slm
not bo followed by delivery of the article !
Mr. IVimhlnirn Doubtful ,
Mr. Washburn ( with some hesitation-
No , I don't' think I would , because I don
think it would bo effective. I think it woul
bo evaded. I think it would be a rope c
sand. I do not think it would amount t
anything.
Mr. Vilas Tf that cannot bo done , thei
thu distinguished senator must admit , wit
reference to the subjects which this bl
seeks to cover , that there Is n line of dlv
slon ; on one sldo are gambling contracts an
on the other sldo are legitimate future coi
tracts , which the courts of the state will ci
force nnd maintain. The senator nods hi
head in admission of the proposition , Nov
once again , 1 say that with the gamblin
contracts on the back sldo of the line ,
have no further dealing with them , exrc ]
to say that the constitutional power of coi
gross is just ns liable to'bo invoked for tin
purpose as the other. Hut I will uddrc :
my argument particularly to the lawful coi
tracts on the other sldo of that line of dlv
slon , and I think I may safely declare tin
congress hits no right to enter thu domain i
n state to prohibit its citizens the priviloe
of mulling contracts expressed and dcsignc
to bo. entirely performed within the stal
and sanctioned by the laws of states.
Mr. VUiia proceeded with his constitution !
argument ugalnst the bill , delivering-
speech with such earnestness of manner i
to command thu earnest attention from tl
senators on both Bides of the chamber , II
declared in conclusion that from thu momoi
tno. bill was proposed there should have bee
no hour when he could bring himself to b
Hove thn % In the final judgement of the se
atn , Its constitutional jK > wcr would bo abuse
In u matter so perilous , so menacing to tl
lines and foundation courses of thu wall c
which the government of the United Slut
rested. Ho submitted with confidence tin
such a violation of the constitution was sit
ply impossible at tho-lmmls of the scnat
At it luter day In thu coursu of debate 1
would ask indulgence to submit some obsc
vnlious In regard to another iwint In tl
bill. As ho closed his remarks there was
slight outburst of applause and the Wisco
sin senator received congratulations frc
ninny of his brother senators ,
Tho. senate then.after u short oxeoutl
session , adjourned.
IN THI : iiousi : .
ru i gu of the VorlllU-iitliHM Approprlutl
lllll-Othvr nu.iu.-si.
WASIIISOTON , D. C. , Jan. 5. The soco
general appropriation bill to pass the hon
this session was thu fortification
ntlon bill nnd It went through today without
amendment iv the slightest debate. Mr
HrecklnrldRo of Kentucky hud it In charge
and ho steered the craft Into i > ort without
meeting with any adverse wind.
A few private pension bills were passed
and the homo adjourned without a quorum ,
In speaking of ono of the bills where the
ixjnslon bureau had denied the pension nsked
ror , Mr. nlanddemocrat from Missouri , oald
that the house should encourage every de
partment In acting In strict compliance with
the spirit nnd letter of the law. H was the
habit of members to tax the department
with extreme liberality. Wcro they going
now to overrule a department which was
carrying out the law ? If this were so there
was no honesty in their criticisms.
Mr. Plchlrr Uenmrks.
Mr. I'lchlcr , republican , from South Da
kota , favored the bill. The gentleman from
Missouri ( Mr. Hland ) , ho said , had advanced
the proposition tflat economy should begin by
cutting off pensioners. The gentleman had
almost wept tears that the country could
not have the money that was granted in
pensions for the improvement of rivers nnd
harbors , The time had not yet como when the
nation would say that the men who had
saved tho. country would not bo pension cd
unless they were subjects of the i > oor
house. That they should bo entirely
destitute before they could receive a
pension was the bunion of the re
marks of the gentleman from Missouri
yesterday. Ho was not in favor of extrava
gant appropriations ; ho was confident that
It was not the sense of the | eoplo that the
old soldiers should go to the poor liouso be
fore they could receive a pension. A nation
did not deserve to exist that did not euro for
Its defenders In their old ago.
Mr. Dland denied that ho was opposed to
the granting of pensions that were deserved ,
nnd expressed his disposition to deal liber
ally with every man who had been disabled
by wounds or disease In the service.
The bill was finally defeated , utter three-
quarters of tin hour had been consumed in
an effort to secure a quorum. By unani
mous consent the house then proceeded In
committee of the \vholo to the consideration
of the fortification appropriation bill. There
was no general debate. The bill was passed
without amendment. It appropriates $ l,7l3- !
OW.
OW.The consideration of private pension bills
was resumed and a few of the measures wore
passed without opposition , because little at
tention was paid to them. And then , as
there was no quorum , the liouso adjourned.
IIA.S 1113 HANDS VV1A. .
Speaker Crisp Kept HUBJT SntlilyliiK the
Chums of Commlttceiiieii.
WASHINGTON' , D. C. , Jan. 5. Speaker Crisp
has his hands full compromising the claims
of commltteemen anxious to secure favors
from the rules committee In behalf of meas
ures In which they are interested.
There are at present a dozen measures In
behalf of which a special order is being
asked to sot npart n day next week for their
consideration.
Chairman Stump of the immigration com
mittee lias seen the speaker , who assured
him that the committee would bo Riven a
day for its immigration restriction bill. Mr.
Stump asked for Tuesday , but no special day
was decided on by Mr. Crisp.
ThoTorroy bankruptcy bill is being pressed
for a special order. The bill , however , Is
not expected to become a law at tills con
gress.
Mr. Urlckner and other members from the
great lake regions are laying for an oppor
tunity to pass thu omnibus lighthouse bill ,
which secured a special order just before the
holidays , but received scant consideration ,
owing to the slim attendance in the house.
The commerce committee , which reported
the bill , also want a day for the revenue cut
ter bill , and bills making important amend
ments in the interstate commerce law to
meet recent decisions by the courts.
Special orders have been asked and prom
ised for the treasury Investigation report ,
and the bill for the election of the president
and vice president and of senators by direct
vote of the people.
The Judiciary committee wants a day for
the miscellaneous business , as does several
oilier committees.
Mr. island has not yet preferred a request ,
but it is Ills intention to see the speaherand
ask another opportunity to pass a bill pro
viding for the free coinage of silver.
Mr. Harter and other uncompromising
nnti-sllvcr men say that they are anxious for
the trial at the repeal of the present Sher
man silver bullion purchase law , and , as a
renewal of the silver fight is about the only
thing in which tho-rudicals on either sldo of
the currency question seem agreed , it looks
as if there would be another bout in this con
gress over silver legislation.
Mr. Illnluu'H Condition.
At 0 o'clock this evening Dr. Johnson said
he found Mr. 131aiuo feeling very comfort
able , so much so that ho did not intend to
make him another visit tonight.
In reply to inquiries , the doctor said that
the visit of Dr. Loomis , the Now York spe
cialist , could not be regarded as significant ,
or ns Indicating that there had been a seri
ous turn in Mr. Blaino's condition. There
was really no necessity for the visit , he said ,
but the opportunity presenting itself
prompted Dr. Loomts to run over , as ho had
contemplated doing for some time , in order
to personally see the patient. Dr. Loomis ,
Dr. Johnson said , was gratified at the im
proved condition of Mr. Hlainc.
In reply to an inquiry as to whether o
joint bulletin would bo issued by Dr. Loomis
and himself to this effect , Dr. Johnson sale
nn official bulletin , stating the present con
ditimi of the ox-secretary , was unnecessary
Unless a relapse occurs Dr. Loomis will noi
return to Washington for a week or so
when , If an opportunity presents itself , hi
will again visit the sick man.
Senator Kcnim Still Very III.
Senator Kenna's condition remains tin
same. It was learned from n friend of tin
family that a consultation was had today bj
Drs. Sewers and Uusoy of tills city , Chlltoi
of West Virginia and Chew of Baltimore
Md. , at the conclusion of which it was foum
that there had been no change in tin
patient from the past live days. Scnatoi
IConna sat up today for u while , as ho luu
usually done at intervals during his illness
Itppuhllcitn Senators Caucus.
The republican senators mqt In caucus thi
morning. Stops wore taken to look Into tin
bitter fight for control of the next scnati
and a committee , consisting of Teller , Hoar
Mitchell. Chandler and HIggins , all rcnubll
can members of the committee on privilege
and elections , was appointed to take spocia
charge of the subject of organizing , and , in
cidentnlty thereto , matters concerning tin
election of senators In western states whor
the light Is now on.
It U Not Cholera.
Surgeon General Wyman has received i
report from Surgeon Williams , who 1m
been sent to I.lttlo Keck , Ark. , to Investigate
the disease In the convict camp there. Aftc
describing the filthy condition of the cam ]
and its surroundings Dr. Williams gives It a
bis opinion that the deaths there were du >
either to poison or contaminated water com
blued with filth and overcrowding , probabl ;
the latter.
BIAKTKNA IMl'HOVIXO ,
Her I'ovcr SubslillnjThe 'XVhltu House Htil
Quarantined.
WASHIXOTOX , D. C. , Jan.f > . Little Marten ;
Harrison continues to improqo , but th
white liouso Is still quarantined and the bl |
3 placards containing thu information tha
contagion exists within are displayed on th <
entrances to the uriruto part of the mansion
When the quarantine ugalnst the whit
liouso has been removed it Is probable tha
President Harrison will take a few any
recreation in duck shooting.
In view of the statement published tha
President Harrison's health was failing ani
that ho was likely to break down before hi
term of onico closed , Postmaster Oenoru
Wunauiaker was questioned as to the facts
Ho said ; "Tho president is In perfect healt
and has not In the four years been awa
from his desk a single day from persom
n sickness. Ho has for months been out In th
, . wilderness of suffering , and the shadow of I
[ , . lingers far u long time upon a nature tha
feels ns deeply us his. "
; a
It Wui nil KxiiKCfratud Ilupurt.
ST. Louis , Mo. , Jon. 6. The rumor whlc
has been circulating to the effect that fie
cral Superintendent Dickinson of thu Ml
sourl Pacific , was dying from a stroke
. paralysis is untrue. Mr , Dickinson did ha'
a slight stroku two weeks ago , but ho is
so fm. recovered that It la thought ho will i
i'lsumo his duties tomorrow or next day.
WHERE BOYD COUNTY VOTES
Chief Justice Maxwell's ' Dissenting Opinion
in the Contested Election Cose ,
PROPERLY ATTACHED TO HOLT COUNTY
tlin Mutter Cnrerully Ilevlnwoit mill
Cor Denying thp Writ afMnn-
1'lnlnly Set forth \ > T th
ChiefJustice.
Delow will bo found the full text of Chief
Justice Maxwell of the supreme court's dis
senting opinion In the case of the state ex
rcl. Chester Norton agaiifst Charles Van
Camp , county clerk of Knox county , ana
others. This was the case In which n writ
of mandamus was sought , to compel the
cancellation of a certificate of election Issued
to Samuel Q , ICruso nnd the Issuance of anew
now cortlllcato to Norton the relalor. In
dissenting , .ludgo Waxwcll said :
1 am unable to assent to the judgment of
the majority of the court , and I will ns
brlelly as possible state tlio reasons for fallIng -
Ing to do so. The proof shows beyond ques
tion that Boyd county has In fact been at
tached to Holt county from 1833 to ISiX ) ; that
two years ago onu of the representatives
from the district comprising what Is now
Holt and Boyd counties was a resilient of
Turtle Creek precinct in what Is now Hbyd
county : that a supervisor from that precinct
sat with the board of supervisors of Holt
county nnd the latter county levied taxes In
that county which were collected anil paid.
These things were n matter of recent which
seem to . have been kept in Holt
county. This state of affairs continued
until IJoyd county was organized two
years ago. There is no proof to the con
trary on this point so that it is established
beyond a doubt. Hut It Is claimed that this
territory was not lawfully attached to Holt
county and therefore the proceedings In that
regard are void. The testimony shows that
"n 18811 nn election was hold In Holt county
.0 attach this territory to Holt ; that at the
election a majority of the votes cast upon
'hat proposition was In favor of attaching
.ho tcrrltorry named to Holt , but that a
najorlty of all the votes cast at that election
mis not in favor of tlio proposition. The
county board , however , declared the propo
sition carried and thereafter exercised
jurisdiction over that territory. It thus was
.n fact attached to Holt county , and became
to that extent organized territory and was
not within the provision of tlio statute as to
unorganized territory.
Voted In Holt Count- .
As a matter of fact the territory of what
is now Doyd county has been attached to
Holt for election purposes and not to Knox
rrom 18SU to the present time. It Is true
.hero is some proof tending to show that in
81)0 ) some Ilfty or sixty persons came
'rom what is now Boyd county
nto Knox county and voted. Some
or all of otheso were challenged
and swore in their votes. The proof
nlso tends to show that thfro was an excit
ing county division election which involved
ut least ono county seat and presumably that
the votes were received by the Judges and
clerks on that account. These voters are
shown to have come from a portion of the
territory between the Missouri and the
Nlobraru rivers , near to the town of Nio-
brara. So far as appears these votes wore
Illegally cast , and instead of being an argu
ment in favor of the relater are against him ,
because If the territory in question had in
fact been attached to Knos the electors
thereof , no doubt , would have applied to the
county board of Knox county to create one
or more precincts in such territory and
appoint election boards. This was done by
Holt county , and the proof shows was not
done by Knox county.
To illustrate , In the early history of this
state Lancaster county was attached to Cass
county for election , Judicial and revenue pur
poses , but the people of Lancaster county
did not go into Cass couuly to vote , but ,
election precincts were organized in Lan
caster county where the electors voted and
elected their own precinct ofilcers. The
votes , when cast , were returned to Platts-
month and canvassed there , and the records
were kept there and taxes levied by the
authorities of that county. In 1SG2 a mem
ber of the legislature in Lancaster county ,
with three in Cass , was nominated by the
electors of Cass and Lancaster counties and
elected. Later Saunders county was at
tached to Cass county for like purposes.
Precincts were created in Saunders county
by the proper county authorities of Cass
county , and the electors of Saunders county
voted in their own county and elected their
own precinct jifllccrs. In 1805 the electors
of Cass and Saunders counties elected a
member of the legislature from Saunders
county and three from Cass. Taxes were
levied and collected by the proper authori
ties of Cass county , and the records were
kept at Plattsmoutli.
the Precedent.
Now this is just what was done by Holt
county. Will any ono contend that the
mere voting of fifty or sixty persons
, who are claimed to bo residents
of Boyd county in an exciting county division
and county seat election establishes the
right to count the votes of Boyd county for
the relater in this case ? The truth is , It is
apparent , that the casting of these votes
was a .fraud upon those voters of Knox
county who were opposed to n division ol
the county , as the testimony shows that all
but thirty-five votes were in favor of such
division. There is danger .of committing a
like wrong upon all the electors of Knox
county by counting the votes of Boyd count }
in this case. As a matter of fact , therefore
Knox county has never exercised or at
tempted to exorcise jurisdiction over the
territory comprising Boyd county. If it is
said the law applies to all unorganized terrl
tory , the answer Is : This was not unor
ganlzcd territory , because it .was attached
to Holt county for election , Judicial and rev
enue purposes , and the law applies only ti
territorynot otherwise assigned , so that al
may Jjo protected and represented. Tin
language of the statute is :
All counties which have not been organize !
in the manner provided hy law , or any unor
ganized territory in the state , shall bo ut
tachud to the neim-bt organized count ]
directly cast for election , judicial and ruvunut
purposes ; provided , thai Sioux county shall bi
attached loC'hoycnno county for all the pur
noses provided for In this section ; provided
further , that If no county lies directly east o
any such unorganized territory or county
then such unorganised territory or count ;
Blmll ho attached to thu county directly south
or If there lie no such county , then to tin
county directly north , then to the count :
directly west of such unorganized territory o ;
county.
Hoc. 147. The county authorities to whlcl
any unorganized county or territory Is ut
inched sliull uxorclso control over , and thcli
Jurisdiction Blmll extend to biich unorianlze (
county or territory thu sumuuslf it were i
part of their own county.
Kec. 14H. If two or more unorganized conn
lies , or portions thcicof , Ho ( II
rcctly east of any unorganized county
then thu portions of territory o
such unorganized county which Hi
cither north or south of a line runnlnj
directly nest and In continuation [ ot tin
boundary line between such organized cunntle
fchull bo attached to Ilio oiwinl/ed count'
directly east of such territory , for all purpose'
or this subdivision. ( Sees. Mil , 147 and 14ti
chapter .tvlll , compiled statutes. )
1'ropcrlr lloloiigoil to Holt.
Suppose , therefore , that the territory li
question was unorganized , It Is to DO at
taohed to the nearest organized count'
directly cast. If there is no organized count'
directly east , then it is to be attached to thi
nearest organized county directly south
Webster dellnes the word "directly" , " 111 1
direct manner ; in a straight line or course
without curving,1 swerving or deviation. '
Directly east , therefore , means in u dlrec
Ino on the .imo pArallel past of Hoyd county
An examination of i\ good map will show
that IJoyd county ! v 'rrbrthwest ' of Knox
county ; that the north west corner of Knox
county Joins the souJlipast corner of IJoyd
county , the points of coh'tact extending hut
about seven miles ; an/filial / only n triangular
point of ttoyd oountjv catenas as far south
ns Knox ; that IJoyd mmitv extends north to
the forty-third parallc/ri Nvhllo Knox county
at no point reaches within ten miles of that
degree of latitude ; licit 'nearly allot IJoyd
county Is north of iho degree of latitude
that passes along tho1 liortli line of Knox
county. It Is very CTlHint , therefore , that
Knox county Is not directly cast of Boyd
county , but It Is southeast , while Holt
county Is directly south'of IJoyd county , anil
the latter county Is htid was properly at
tached to that county for election purwsos. |
H Is very clear lo my mind that the author
ities of Knox never had any right to inter
fere In the affaire of Boyd county , nnd they
seem to have recognized the fact by not doIng -
Ing so.
Not n l.nwful Convention.
But suppose that Knox county had Juris
diction over the territory in question , still
the relater is not entitled to the writ. The
certificate of nomination shows that the con
vention was held nt Crelghton ; that n resi
dent of Knox county was elected president
of the convention nnd another resident of
that county secretary. There is no proof
that a call for a convention of this kind was
made bi' any one , or that the republicans of
Boyd county were Invited or even notified to
attend. A convention to bo lawful must
represent the whole district. Otherwise It
would bo possible to p.ick a convention In the
interest of particular Individuals. No
doubt the convention In this case was a fair
convention of Knox county , but It should ap
pear from the proof that Boyil county was
invited to participate therein. Otherwise
it cannot bo called a district convention.
Tills Is particularly true under the Austra
lian ballot law of "this state. It Is conceded
that no votes were ever before cast In that
district as n district for representative. How ,
then , could It be said that the republican
p.irt.v of the district had at the preceding
election cast 1 per cent of the votes ! The
statement is a mistake , and the only way a
person could be nominated in the district ,
even if one existed , was by petition. In ad
dition to this the sample ballots do not con
tain the name of the relator. It Is true the
name of the relater Is written on both the
sample and olllcial ballots , but this does not
comply with the law. That requires the
name lo bo printed In both.
XiiinoNiit On the Itnllut.
The proof also shows that certain friends
of the defendant after the manda'mus pro
ceedings circulated a petition as ho claims ,
without his knowledge , to nominate him In
Boyd county for the oflleo in question ; that
the petition was signed by llfty-throo names ,
but the clerk of Boyd county did not insert
the defendant's name in either the sample
or onieial ballots. Whether this was done
with or without his knowledge does not in
any manner affect the case as If there was
no legal district the casting of votes could
not make It legal.
It also appears that the clerk had pre
viously refused to insert the rclator's name
on the sample and oftleial ballots and that
the district court compelled him to insert
the same , which ho did by writing in the
rclator's name without any designation of
the olllce for which ho was a candidate. The
clerk evidently did not regard Boyd county
ana part of the district and seems to have
'refused on that ground. The defendant was
not a party to the iTtaTidamus proceedings
and we have no mcais | of knowing what
facts were before the district court , but as
this defendant's name was entirely omitted
from the ballots and the rclator's written
therein , it is evident to me that there was
not a legal ballot cast in Boyd county for the
relator. ' >
Not Frco from Doubt.
In a mandamus proceedings of that kind
there is but little aoubt hat all the candi
dates for the particular onico in dispute are
proper parties defendant * in order that they
may protect their rights. The question
would then be contested and cases deter
mined on their merits. An ex parte order is
granted almost as n niattier of course , and is
entitled in a case like' that at bar to but little
consideration. The , uniform rule adhered
to by this court from' tliir'llrst has been to
deny u writ of mandamus uliless the right is
clear. It must be free from doubt. Now , will
any one say , in view of all the facts , that the
rclator's right to the seat is free from
doubt f 1 think not. It is not a question of the
success of one party or another. There
is a principle underlying all questions of
this kind that the will of the people as ex
pressed through the ballot Uox shall govern.
This court from the llrst has compelled the
counting of votes cast in pursuance of law in
any legal subdivision of the state. The
trouble with this case is , there was no repre
sentative district created cither in fact or in
law in which any votes were cast in Boyd
county for the relator. There is no pretense
that the records of the territory of Boyd
county were kept in Knox county ; that any
taxes were ever levied there or any Jurisdic
tion of any manner or kind over exorcised or
attempted to be exercised by the authorities
of Knox county. All these things were done
by Holt county under a colorable annexation
of that county to Holt.
Xovcr Heforo Disputed.
For seven years the jurisdiction of Holt
county was undisputed. The legislature Itself
In 1890 permitted a member to retain his seat
who was a resident of Boyd county and who
was elected by the joint votes of Holt and
the territory of Boyd county , and that is the
district to which Boyd county belongs. Hero
was annexation in fact under tlio forms of
law. I believe the election In Holt county
In 1SSI1 for the annexation of Boyd county
was held in pursuance of law , and If It was
material it could readily be so demonstrated ,
but in my view it is not in this case ma
terial. No ono will contend that a change
in an election district , made in pursuance of
apparent authority and an election held
thereunder , can bo treated as void.
To illustrate. In 1600 a largo part of
Dodge county was added to Washington
county , nnd 1 < ontanollo , the county seat , ab
sorbed by that county. Now , suppose that
a candidate for the legislature in Dodge
county in 1801 had ignored the change , and
been u candidate from the county of Dodge
as it formerly existed. And suppose includ
ing the old territory of Dodge ho had the
highest number of votes , would ho thereby
have been entitled to n scut in the legisla
ture ns against his competitor ? And would
this court by mandamus liuvo compelled
the clerk of Dodge county to have is
sued a certificate of such election ?
I think not , because the court
in a collateral proceeding after election in n
contest between opposing candidates will
not pass < upon the validity of the act creat
ing the several districts , provided that they
have been created under color of the law.
First of the Kind iiml Umrurrautoil.
This , so far us I know , is the first attempt
of the kind in this state , , . The sole ground
on which the relator' claims a right to a
certificate is that Boydi county is directly
west of Knox , but It.ifitvcry clear that tlio
territory of Boyd county js not directly west
and not unorganized territory nnd was In fact
annexed to another county and cannot bo
placed In the same district' with Knox without
doing violence to both , the letter and the
spirit of the law. As. well have joined
Cedar county to Knox mid usk this court to
compel the counting 6f "tho votes cast for a
party in Cedar county Jn.tho alleged district
composed of Cedar and Kuox , as In this case.
The house of representatives Is the only
proper tribunal to examine into nil the facts
in the case and determine the question and
this court is not , in my opinion , warranted in
intcrferring In behalf of tno relator. but may
the ' to co-ordlnule department
safely trust case' a -
partment of the state government.
1 emphatically protest against the findings
and judgment In thlsueaso. ! us In my view
they uro unwarranted by either the plead ,
Ings or proof nnd are calculated to forestall
the action of the houso'of representatives.
I think the writ should be denied.
Highest of all in Leavening Power. Latest U. S. Gov't Report
BRIEF BUT VERY BREEZY
Lincoln City Councilraon Hold an Interest
ing Morning Session.
A. D , KITCHEN FILES A VIGOROUS PROTEST
of .Street Cnr I'roprrty for Pnv.
Ing rurpncc * AllrRed tn Itn Tnn
I.orrVI1I I'orco tlie Com.
puny to Terms.
LINCOLN , Neb. , Jan. n. [ Special to THE
nr.n , ] There was a brief but breezy session
of the city council this morning. The special
object of the gathering was to sit as a Hoard "
of Equalization on the pnvlng of South Sov-
pntcenth street and to assess the various
amounts against the. property owners , The
breeze was caused by the filing of a vigor
ously woixlc.il , but so'iiowhat incoherent pro
test from A. D. Kitchen. Ho based his pro
test on the grounds that the city has sold
nearly $2,000 worth of bonds more than the
paving cost ; that ffilo worth of dirt has not
been accounted for , and that tbo assessment
against the Lincoln Street Railway company
was inequitable , for the reason that It called
upon them to pay for only the cost of paving
between the tracks , whereas they should
pay for one foot on each side.
Heretofore It has been customary to asses
the street car people for the paving between
the rails , but Mr. Kitchen pulled the stat
utes on the council , and showed that tilts
special concession expired .lauuary 1 , IStll.
An adjournment was taken until tins after
noon , when the matter was thoroughly and
vigorously discussed , but no conclusion ar
rived at.
The Burlington and Union Pacific rail
ways , who are very anxious just at present
to build a viaduct over West O street , pro
vided that street from Sixth to First bo
abandoned , were represented by attorneys ,
who tire endeavoring to rush the ordinance
through. The city has been attempting for
two years to secure the erection of the via
duct , and as the mayor is at a less to under
stand their sudden luiste.hu refused final
consideration until ho could'investigate. '
I'foni Ilia Court * .
County Judge Long is anxious to acquire a
technical knowVdge of the art of making
rain at will , and today issued an order to
Dr. Swishcr , who Is suing ,1. II. McMurtry
for the value of a rain ho alleges to have
brought , to bring his apparatus into court
tomorrow morning , when the trial comes off.
McMurtry's defense is that the doctor didn't
bring the rain , nnd demands proof.
Laura U. Himlmun asks for a divorce from
her husband , Abraham I , . Illndman , a resi
dent of Council Bluffs. Violation of the
marriage vow , desertion and non-support
are the grounds.
Mary E. Tower sues D. S. Vanvalkcnburg
of Mlndcn for -1,000 damages , which she
claims to have sustained by reason of ills
failure to complete a trade of Mindcn prop
erty for Lincoln realty.
The troubles between J. P. Lansing and
Henry Oliver , proprietors of the Lansing
theater , received a fresh stirring up today ,
when Lansing filed a voluminous answer to
the petition of Oliver , in which lie asked for
an accounting and a balance of $50,000.
Oliver , who is a brother-in-law of Lansing ,
claimed that the latter had violated the
trust reposed in him , and had unloaded Lan
sing's own property on him at high prices.
Lansing denies each statement seriatim ,
and alleges the fact to bo that Oliver owes
him $12tCO on their joint account.
Sluto Women's Christian Ansoolntlon.
The annual meeting of the State Women's
Christian association is being held today ,
with about 100 ladies in attendance. The
Omaha delegation comprises Mesdnmcs P.
L. Pcrliie , M. A. Elliott , Cadet Taylor and
George Tildcn , and Misses Emma Evans ,
Nellie Lanugau and Ella Bracken. Reports
of u very satisfactory nature were made by
the executive-committee and minor subcom
mittees. In the past year 1MX ) women and
children have been helped and cared for by
the home , 190 furnished positions bv Hif 1-111-
ploymcnt bureau , and the society its1 1 f h s
a membership at present of ! )74 ) mumbc a i
increase of twenty-live over last year. ' h ,
auditor's report showed receipts of4/Ji
with expenditures of ? l,872.ia.
City In Brief.
James Cushman was arrested this morning
on a telegram from the sherilT of Jefferson
county , where ho is wanted for Jumping a
hail bond. The original charge was selling
mortgaged property.
Fnink Hart was bound over to district
court today for robbing his roommate of $45
and blowing the proceeds for painted liquor.
Hart's conviction was brought about , in a
curious manner. Among the effects found
on htm when arrested was a Canadian penny ,
which ihe man he robbed identified as one
ho had carried as a pocketpieco for years.
The Plattsdeutchcr verein celebrated its
second anniversary by a grand ball nnd sup-
People have no idea how
crude and cruel soap can be.
It takes off dirt. So far ,
so good ; but what else does
it do ?
It cuts the skin and frets
the under-skin ; makes red
ness and roughness and
leads to worse. Not soap ,
but the alkali in it.
Pears' Soap has no free ,
alkali in it. It neither red
dens nor roughens the skin.
It responds to water in
stantly ; washes and rinses
off in a twinkling ; is as
gentle as strong ; and the
after-effect is '
every way'
good.
All sorts of stores sell it ,
especially druggists ; all sorts
of people use it.
A now and complete treatment , conilitlng of Blip-
Fosltorles , Olntiuunt In Capiulos , nliu In box nnd
'Ills. A iioMllvu cure fur Kiterrml , Internal , II11 nil
or UIoortliiK. llclilnn. Chronic , llccont or Harmlltarr
rl101. Tills rumody li uerer boon known to fall ,
1 par box , U for ir ) nent by mall , Whr tuirer from
til ) torrlblo JUcBso wlioii a wrlttun ituimitea li
poiltlvely tlrun vrllli fibnxai or refund tlio inonor
f notcurtxlK Bomstamp ! for Iran aaniulj. Uuar-
nloelj ueJ b.'Kuha& Co. . < lriir/lit , ulg axaati ,
rnor littt t 11 ) ii in strati ilmt > ii , Neb ,
YOUR EYES
ARE TROUBLING YOU I
Well.cvune nnd linro thorn examine ! by our optician
rco of churuo , and. If iiuiMj arytUtua with upalroc
1SVU ( fl.A *
t > K tlin beat In ( lie world. If you do not nuol Klnixit
wo will tulljrou o undalvUo you what toilo. UUI.II
brKCTAOl.Krt or Kl'B UliASSK KllUM HM Ul' .
I'Jnlu , nmokc. liluo or wultu | ila e * , for protecting tUa
cycn , JromW.ni | > ulr up ,
Max Meyer & Bro. Co
Jewelers and Opticians.
1'uruuui uuU I'lflootuStrout
l > er laul cv < ? nlnff. OtioMs from Omnlm , PlrUlv
mouth nnd Ornml 1 si a ml | > ; ivtlclpi\ted
Fret ! Ucclctnnit itiirrccdott H II Schnbcrc
ns county < onnnl < Moiipr to lny , nnd W. It.
Wwxlwnnl stopped Into t'.so tnunty nttornoy
slilp by reason of expiration ot tlio term ot
N. 7. . Sncll.
Charles Htwvn wns nrrcstctl today for
brutally IdoUliiR Kosu I/obnu h. The girl Is
a waiter In Hrown's restaurant nnil bcvauso'
slio toM Mrs. Htwvn when ho uuulo nn In
sulting : proposal ho throw her out ot the
door.
wii.i. ni :
Action Will lln Tnkrn by tlin ClilriiRn llonrd
of Trnitn Agnliut lM\vlu Tnrdr-ldgo.
CHICAGO , 111. , Jan , fi , A decision was
rendered today In the suit ot the noted
trader , Kdwln Pardrtdpo , against the Hoard
ot Trade to prevent It from oxpotllii him
for dealing In puts nnd calls. Tlio decision
favors the board.
It Is the Intention of the directors of the
Hoard of Trade to try the "phni.cer , " nnd
< ltldtfo Collins In u decision rendered today
pointed out that after such trial ho may Ilio
a bill for nn Injunction , but that n bill now
was premature. Pardrtd c claimed that ho
could not get nn Impartial trial at the hands
of the directors , but the court refused to
talto this view of the cnso.
Panlrldfio In conversation this afternoon
sal : ! that ho would make no further llttht In
tim matter and If adjudged guilty would take
his medtclno.
.
Striker * lining Tried for Itliillnp.
PiTTsiifiui , 1'a. , Jan , 5. Thirteen members
of the Ainals-iinated association were placed
on trial in the criminal court today charged
with riot during the sympathy strlko at
Caiiiegio'a Duquesno plant last August.
The men milt work on August ! 1 for the pur
pose of aiding the Homestead strikers. That
night ii nieotmjj was held nnd the men were
organized Into companies and guards were
placed to prevent nonunion men from work
ing. There was n riot next day and ono
man was badly beaten.
Attempted In Kill lliinh WrreUer * .
Knnwoon FALLS , Minn. , Jan. 5 , Excite
ment runs high at Fairfax over the Hank of
Fairfax fnlluro. The assignee has not made
his statement , but the liabilities are very
largo and the assets small. Messrs. O ray
and Heard nro confined In the vlllago lockup
in charge of Ucnvlllo county onieers. An at
tempt has been made to blow up the lockup
with dynamite , but the fuse went out before
reaching the explosive. Assignee Hrnrcs is
havingdinleulty in securing the $5,000 bonds
demanded.
Both tlio method nnd results -when
Syrup of Figs is taken ; it is pleasant
nnd refreshing to the taste , and ncta
gently yet promptly on the Kidneya ,
Liver nnd Bowels , cleanses the sys
tem effectually , dispels colda , head
aches nnd fevers and cures hahituol
constipation. Syrup of Figs is the
only remedy of its kind over pro
duced , pleasing to the tnsto and ac-
ceptnhlo to the stomach , prompt in
its action and truly beneficial in its
effects , prepared only from the most
healthy and ngrceahle suhgtmices , its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in 50o
and 81 bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any ono who
wishes to try it. Do not accept any
substitute.
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO , CAL.
LOUISVILLE , KY. NEW YORK , N.t.
Consult
A
Successful
IF YOU ARE SICK.
Loam
all
About
Yoursolf.
Chronic , Private , Norvoim and
Surgical Dlaonaox CURED. Lout
Manhood , Female WonlciiOHBos ,
Etc. , CURED.
CONSULTATION TREE.
C. W. WILLIAMSON , M.D.
KoornaS , S'/i ' , U , 0J ! ,
llC-119 H. IStli Htroot , Omaha.
Til
Ladies' ' Pe rfecl
SYRINGE.
Tlie only perfect vaginal
oud rectal Hjrlogo In Ilia
norld.
It U tUo only flyrlnge er *
cr Invented by which vagi
nal Injections can bo nd
iMlnlntercil without Icnk-
InKand aolllng HIM cloth.
INK or nccc ltntliiK tha
ll o of n vt' ol , and which
ran nlso bo Ukud for rectal
Injections or Irrigation.
HOrT HUHIIKIt HUM !
AM ) HAIUJ llUIHIKlt
KIIKI.I , .
Pr > ce $3.00.
Mull orclcr follr-lted.
TheAloo&PenfoldCo , ,
75t/j Strvot ,
M\T TO 1'OSTOKKJCK
rhrelclani1 prcsc-rlptloni
nrcurululx ( irupurud at
low prlcoi.
Catarrh !
Is Insidious ,
Had Illood-l'oor Health-Misery
Says tlie Very Foundation of Life ,
Specific Oxygen destroys thu Oatarrli
germs In the head , makes the blood bright and
purii Rive zest to the vital forces In brief ,
makes you now iiKuln , Col da , Coughs , Jlron-
chills , llcaduclio yluld an If by i
"Oxygen Book" and 4 irys Free.
SPECIFIC OXYGEN GO , ,
Suite 51O Shooly Bide , Ouiiiha ,
KV1LS , WKAKNKB3B3. DI'.IIK.11'Y. KTO. . that no
coimmnr I hum In men gillCKI.Y un | 1'KUilA-
NK.STlA' CUIU5D. full HTItKNUTII and toaa
Blren toerery part of the bo dr. 1 " 111 on < l ( is-
corely&c ej ) KHBtS tunny mrfarer tb proicrlp.
tlon tbit cured moot tuum troublai. Adilroii , U
A. IHIAUI.liV lUTCfe ! UiKKK , UICU.
Cures Others
Will euro Yon , Is n true stntmnnntof Uio
action ot AVER'S Sarsapatllln , when
taken for diseases originating In Impure
blood ; but , while this assertion Is true of
AY KK'S Sar.inparllln , as thousands can
attest , It cannot bo truthfully applied to
other preparations , which unprincipled
dealers will recommend , ami try to Im
pose upon yon , as "just a.i good as
Ayor's. " Take Aycr's Snranparllln and
Aycr's only , If yon need n blood-purifier
and would be benefited permanently.
This medicine , for nearly fifty years ,
has enjoyed n reputation , nnd nmdo
record for cures , that has never been
equaled by other preparations. AY151t'3
Barsaparllta eradicates the taint of he
reditary scrofula nnd other blood dis
eases from the system , nnd It has , deser
vedly , the confidence ot the people.
"I rntinot forbear to express my Joy nt
the relict 1 have obtained from the use
of AYKU'S Sarsnpavllla. 1 was nllllctcd
with kidney troubles for about six
months , suffering greatly with pains In
the small of my buck. In addition to
this , my body was covore l with pimply
eruptions. The remedies prescribed
failed to help mo. I then began to take
AYEH'S Sarsaparllln , nnd , In u short
time , the pains censed and the pimples
disappeared. I advise every youngman
or woman , In case of sickness result-
lug from Impure blood , no matter how
long Htaudlng the case may be , to take
AYEK'SSarsaparilla. " H.L. Jnrmaun ,
33 William nt. , Now York City.
tr. J. C. Aycr & Co. , I.ovrdl , Moo * .
AMUSEMENTS
Nlculollno
THEATKR Morll.
Friday and Saturday , Jan. G and 7.
MATf XKK SATITKDAY.
Tlio Society Kvnut of the Theatrical Season.
Speolal
( American Tour. )
The Young Emotional Actr-ju-t In the Tollow *
In ; ; Kcportolrc :
Frl day Evo. and Saturday Mntlnoo ,
KR.OU - KtiOtJ.
As presented for over I TiOO nlehts In the Thoa-
tcr I'Vaneulso. 1'arls.
Saturday Evening ,
Sale of soatH opens ut 0 o'olouk Thursday
inornltis at usual prices.
mmm st. THEATER , pw
I.lkollomc , nil roads load to tlio homo of anocojj.
TO A Brilliant
and
NIGHT. Success.
Sco thu Iron Milln In 1'ull lllnot. Mnt. Saturday.
GET A OOOD
WHAT KOU
Sun. live , Jan. 8 and Hon. and Tucs.
Special Kngngomcnt ! That most Itrllllant ,
You us Coinedlnn
JAMES T. POWERS
And the best L'lirelcnl Coinudy Company In
America , In
A Mad Bai-gaiu.
MnNally nnd Mttclioll's Thruo Act. Koarliu
l''urcu , tlio inoit absolute Uoinody Success
of thu year , together with
JLeona Forrest.
Tha most l'iiUue. ] during and superbly clover
dnnceron the American stage Spoolul aouu-
orj' Kliiboruto KIToolK.
'I'hosalo will open t'uturdiiy inornlng at 9
o'clock at lliuiiHiiiil prfcus.
1'01'ULAU
FARM ST , THEATER IMUOEi
Lilto Homo , all Roads load to the House of
Success. BoKlnnlng with SUNDAY
M.ATINEE , JANXJ/VBY 8.
WM. A. BRADY'S
ALL
NEXT
WEEK ,
See the Kivor of lljalVator. . Usual WoJ-
nosduy and Saturday Biathlon.
-TxT
YY ANI ) 11I.IOU THEATRE.
A I.I , TIIIH WKKIC.
BURTOI1 STANLEY GD.VIEDY 00. IN
A J3lJj > fGC OF
I.e. I'otltKrodcllc. the Mnrvolonx Child.
AN IlUUlt 01. . ' Hl'KUIAl/l'lKS.
MATINEES. Pnniihr I'rirp ' ? EVENINGS.
OnlyiO conu 1 upuiol * 11U/3. o and 20 conti
Y. M. C. A.
Friday Evening , Jan. 6.
MOCKRIDGE % %
OPERA luuVoryBolooiI'ro- BALLAD
Ilcscrvpil rnntu * ua nnil tl. On ale nt Clmia &
Kilrly'o , Wuilnoidur , Jan. 4 , U11. m.
The Mercer.
Omaha's Newest Hotel
COR. 12TH AND HOWARD STS.
( D Itooma nt tlM pur day.
CO lloonia at I'l. 01) ) per dny ,
CO Ilcoiiii mth Ilatli nt (3.0) par day ,
SO Uooms with Hath at I1.D7 to II M par diy.
OPENED A.UGU3T La1 ;
Muilcru In ICviiry ItU
Nmvly iml Throughout.
C. S. ERB. Prop.
STRENGTH , VITALITY , MANHOOD
\V.II. PAHKKItMI > . , No.J Illlllliuhllt , ,
IloKTON , MAM. , cMrf coniutllnt > p/iytlclati of Ihe
I'KAItODYMKUIOAIjINfcUTrilTK.towliom
wan awunh-d tha 1101.11 wniiii , by thu NATIONAL
Mruit'AI. AfciocurioNforthoritI'/- !
Kthnuitttl yilallti/ , Atrophy , ft'erroutuwl I'fii/itral
iuijJ nil Jititatn nnd JI > H < IIM of Han ,
thu young , the iiiltlillr.uyril unil old
CURES Contnltatlou In iicnon or by letter.
rio | > cctu , with ICBtlmoiilult ) . KUKIi.
I.nrRO hook , MUI KNVK OK I.I I'll , OK FKI.F-
I'UKSKHV.VJ ION , 800 pp. , V2 > InvaluiUile pro.
Dcriptloiiii , full Kilt , only frl.W by inuli , nealcd
PATENT
BUREAU.
SUES & CO. , Solicitors ,
Boo Building : , Omaha , Neb
I yuars Kxunilnur.s U. 6.1'ut. Olllco. Advice frou
