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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 8, 1893)
" THE OMAltA DAILY BEl FEHlU'AllY 8 , 1893 , MORE DANGEROUS THAN WAR Senators Talk of the Perils of a Railroad Han'o ' Life. DILL FOR THEIR BETTER PROTECTION Cullom nnil Cliiimllrr Aitrocnto It * fnflsnge Oi | > imiMl by Drmocnitu A Hnrrnntlo Spt-rcb by tlio N i v llumpnhlru .Senntor In tbo Huuie. WASIIIVOTOV , D. C. , Feb. 7. Tlio senate 1)111 for the relief of assignees or legal representatives of John Itonch , deceased , to pay the balance duo on the United States ntcamshlp Dolphin , ? 10,4V ) , was taken from the calendar and passed , Mr Tin pie. democrat , from Indiana , offered the following resolution , whlcii was laid on the tnblo and ordered printed' Ilullcnlnc that the doctrine of asylum , as and approved by a very largo ma- orlty of tlm mmiibuisnr tlio family of nations , s Illicitly expedient and the jurisdiction In vrliat aie tknown ns political DlTeiisc.s , oiidht not to In ; extiadltiihlo. It Is roiiclndi'd as the nrnsoof tlio Kcnalo that no treaty Hliould bu approved which proposes to oust Iho courts or the manl.stiatoH of thu United Slates of the rlsht todeterinlno , In each case , under lliu allegations and proof tliurulu , whether tlio of fense churned hit political or non-political under Ilia I iw of nations ThoHcnato , hj a vote of jeas 22 , nays ! ! M , refused to take up tlio New York and New * Jersey lit Idgo bill. The senate then resumed consideration of the substitute reported from the committee on interstate commerce to promote the nafoty of employes and travelers on rail roads by compelling common caniors en gaged In interstate commeico to equip their cars w ith automatic couplers and continuous brakes nnd their locomotives with driving wheel brakes .Mr. Ctillom i\plitlni. : In the course of his explanation of the bill Mr. Cullom , in charge , said theio wore forty different patterns of automatic couplers nnd that If the owners of 75 per cent of the fi eight cars agreed upon n particular typo of coupler the Inter state Commerce com mission would fix that as the ono to ho used Mr Han is asked Mr. Cullom whether the rallrond companies were not adopting the nutoinatlr couplers as rapidlj as their finan cial condition would allow Mr Cullom s lid tlio rallnnds so claimed , but not one-thitd of the freight cars were provided with couplers or brakes Mr Vilas asked Mr. Cullom w bother ho know of any instance w hero any company Uofcircd paying dividends in order to adopt means to protect the lives of its emplojes Mr. Cullom know no instance of the kind The trouble was that railroad companies were looking morn to finances than to tlio protection of the lives ami limbs of their omploj es Mr. Wolcott , republican , from Colorado , inquired whether the association of freight men had not protested against the adoption of automatic couplers and cxpicsscd a preference for the link and pin More DungoroiiH Tliun War. Mr Cullom admitted that the freight men would prefer the link and pin rather than have n variety of couplers that were now being used , He gave statistics of the less of llfo and limb by railway cinploies thtoiigh accidents It had been stated that the total loss of railway employes , killed and injured , in eight j cars was equal to the total number of men engaged m railwav service in ono year , The men , ho said , would bo safer If they were enlisted In the army in time of war than they now vvcro ns railway employes. Mr. Hunton salt ! that ho was not able to plvo his assent to the bill , knowing Its very Hcduotlvo title. Ho believed that men wno had devoted their lives to the building and management of railroads would conduct their business hotter than It could bo con ducted by congress and the Intel state Com- Tncrco commission , or by the national con vention of either of the two great pirties Mr. Harris explained that it would cost the companies of the cotnllrv ? 100,000 000 to ? 1COQOO,000 to comply with the requirements of the bill. Mr. Chandler said that the bill should bo insscd without hesitancy and without delay. ( It had been favored in the platform of the national democratic convention , which had .denounced the republican party and particularly - , larly the republican senate for not taking , action on the house bill to protect the lives of railway employes. Ho asked Mr. Harris what the domocratlo convention really meant in that matter. Mr. Harris I am not able to answer defi nitely the direct question of the senator , but I shall say to him that the time has never been nor will never come when. I shall bo such a devotee to the orders of n national convention as ho seems to bo. [ Laughter. ] Incoimliitciit DomocrntB. Mr. Chandler was glad to hear that declar ation of independence from the senator from Tcnnessco.but ho was amazed at the want of respect with which democratic senators treated the platform of their party. Ho could now understand very w oil w Iiy the sen ator from Man land , Mr. Gorman , had not wanted this bill to bo taken up yesterday. That senator had felt a reluctance to dtlva steel through the democratic platfoim twice in the simo day. Knowing the declaration of the democratic convention on the RUbJoct of silver nnd knowing the entreaties of tno president-elect , only cloven democratic scnatois could ho mustered jcstcrday to vote for the repeal of tlio Shot man act , and now the next ac ( laratlon of the domociatlc party platform which was marked for destruction was its declaration In favor of legislation to protect the lives and limbs of railroad em ployes. "What nro wo coming to , Mr. Presi dent ? " Mr. Chandler continued. "I believe that w hen the next congress moots n like disregard will bo paid to the declaration of 1 the democtatlo national convention that i measures of tariff legislation aio unconstitu- I tlonal. A party that would vote as that L party voted yesterday In the senate on the j question of silver nnd that would marshal its hosts as they are now being maishalled under that ustuto lender of democracy , | l the senator from Mao land , to crush out n llttlo bill Intended for the protection of the brakcmen and switchmen , cannot bo de pended utxm to smash tlio tariff system of the country I nut mortified and humiliated at the spectacle which tlio domocratlo party is pr"sonting here today on this humani tarian bill. " I'uvorcd I'xtroiiifl Montmrra. Mr. Wolcott was In favor of going to the oxtrnno limit of the senate In its protection to r-allroid employes , but ho was unwilling to proceed blindly and foolishly to legisla tion which would answer no good and useful puiposo , simply because that legislation was nlmcd at coiporatlons , because ho might thereby earn some cheap npplauso from jwo- plo who , having nothing , dcslicd that the rest of the woild should not have nnj thing The bill went over without action and the senate adjourned. IN THI : IIOINI : . Connlili rut Ion or thn I.t'cNlutlto Appropria tion Hill THKOS Up the Tliii . WASHINGTON. 1) , C. , Fob 7. The senate amendments to the Hartor bill of lading were concurred in. The house then pro ceeded , in committee of the whole , to the consideration of tlio legislative appropria tion bill. Mr. Dingloy said that tno appropriations made by this congress would reach $1,0.18- 000,000 , against SUsO.OOJ.OOO made by the Fifty-first congress , an Increase of $50,000,000. If thoto should bo no tariff legislation to dis turb Importations the revenues for the fiscal year IbW would undoubtedly roach , f 105,000- 000 , and the expenses should not exceed $390,000,000 , and would not , If the river nnd harbor expenditures should not exceed $15,000,000 , which was f OOO.OOO morn than was ever expended. If they should go up to S.KI.OOO.OOO. as coiitempla'ted by the action of the house , then there would In evitably bo a deficiency next iear. The tariff legislation foreshadowed would ton doubtedly diminish the revenue unless the duties stiould bo made low enough tx enormously swell importatlcus , Durkvrjr Una See a Ucllclt. Mr. Dockcry estimated a probable de flcloncy to Juno DO , 18 ( , of Slft.WKJ.WX ) , Thin cstimtto wan bnscd on npproprlrttlous nnd revenues , and the actual expenditures for that fiscal year were HUoly to reach the limit of the liabilities , that was to sny tTi&s.llo/.MO. Taking tha statement of the Bccielnn of llio treiuurj , the conclusion was IrTcslstlmo that public exi > cndlturos must bo materially reduced , taxation Increased or anew now Issue of bonds made to meet Impending Tito bill was then road for amendment , and amendments offered respectively by Mr. Wheeler to mluco thocotnpensatlon of mem ber * of congress to $4,000 and by Mr. Miller to rcdtii-o the compensation of the president to 1,000 w ore rejected. Mr. DoArmoml , democrat , from Missouri. offered an amendment providing tbat until the places in the classified service had been distributed among tbo adherents of the Bo\cral political parties , In pro ] > ortloii to their respective members shown by the votes cast at the last presidential election , no applicant , unless ho Is an adherent of a political party which has not bad its fair j > roi > ortloii of emploics in such service , shall bo eligible to examination or appointment under the civil scrviio law- Mr I xlgo made n point of order against the amendment. Mugwumps In I'll \ or. Mr Williams Inquired whether the mem bers would not give the mugwumps a chiinco. Mr Dcarmond replied tbat they were largely in favor now , if they should wait until the stalwarts had a chance. [ Laugh ter ] The chair decided otherwise and ruled the amendment out of order. Mr Pickler tn.tdcn vigorous attack against the prosislon of the bill pnnldlng for a coin- tnlttco to Inquire into tbo working of the ov- ecutl\o departments , and , without disposing of the paragraph , the committee rosoundtho houso.adjourncd ICUSSIAN i\TKAIITIOX THKVTV. Its Coiillrmutlnn UppODuit by Snmtor Turjilo U'linhlilBton Notes. WASHINGTON , D C. , Teb 7 When the senate committee on foreign relations reported > ported the Husslan extradition today to tlio seihtto m oxecuti\o session it was with an amendment to the effect tint attempts to murder the c/ar or any member of the royal family should bo considered a nonpolltleal offense , regardless of wlut the motive of tbo criminal mlcht bo , and thit , being non. political offenses , they should bo extra dltablo Tlio same clause was productive of a good deil of debate The opposition was led by Mr. Turple , who has all along been a champion of the doctiino of the right of as\ him The senators evidently inclined to the opinion that the committee understood the case and w ere w llling tbat their rccom- inendatlon-should praxnll. for after a some what spirited argument on the par t of Mr Turplo tlio roll call showed .more than the necessary two-thirds in fa\orof the amend ment , and tlio treaty was ratified Mr Turpio was not sitisnod with this ac tion and his resolution toduj is intended ns an offset to the terms of the tt caty This action ho seeks to annul by the passage of tills reso lution , whkh declares it to bo the sense of the senate that Jurisdiction in what are known as political offenses oucht not to bo extraditable and that no treaty should bo approved which proposes taking from the courts of the United States tlio right to do tet mine w bother or not an offense is under the law of nations Kxplmmtloim from Secretary Foster The speaker laid before the house today a communication fiom the secretary of thi treasury in reply to a resolution of the housi requiring him to inform that body why the work on some of the now public buildings and the work on the extension and Improve merit of certain couiulctod and unoccupied buildings autlmrirott during the Fifty-first congress has not been commenced , and why rnoro than $8,000,000 of the appropriation rn.tdo in these cases remained unexpended duilng the past two years. It appears , ho sajs , fiom the report of th supoi vising architect that this legislation entailed such a largo quintity of new work on his oflico as to make tbo quintity of work entirely disproportionate to the force em plowed In the oflico. Congress had failed ti make increases in the force , demanded by hi oflico and which were absolutely necessary The expenditure of a largo portion of the tin expended balances had been temporarily prevented vented bv conditions imposed by law entrrel , bovond tlio control of tlio department. Tlio secretary , in conclusion , sajs' " deem it necessary to state that there ha not been another fact connected witb thi condition of thu treasury that has in any wa. interfered with or retarded the action taken by the department In regard to carrying out the provisions of the acts of congress author izing and making appropriation for public buildings passed by the Fifty-first congress , or prior or subsequent thoioto , us promptly tin possible under the laws and facts ex plained. " llcport on the lloincntcnd Troubles , Mr. Gates' report of the Homestead troubles , which was published and so freely commented upon during the recess of con gress , is accompanied in its presentation to tlio house by two minority reports. The majority declares that the tariff had nothing to do with the trouble ; that the Homestead stiiker" weio the aggressors ; that agencies like tbo Pinkertons should never bo employ ed w Ithout the consent of the state , previously obtained. Representatives Binum , Lav-ton and Stockdalo concur , Joining in a report which denounces without stint the employ ment of the Pinkertons The opinion is ex pressed that tlio oUs disclosed by the in- \cstigation are entirely bojond the power of thu federal go\cmment , nnd remedies , if any can bo devised , must originate with tlio state KiMcrnir.eut.s Hepicsentati\o Biodoiick , in a separate minority report , sajs that in tlio closing of factories and other public works as well , private rights aio invohcd , anu ho main tains that it is legal for the sti > tcs to pass compulsory arbitration laws. Xntoi. Mr. Fithlnn of Illinois , of the committee on census , has made a minority report pro testing against the passage of the bill pro viding for a permanent census buicau. The census , lie sa > s , has become a Jumble of llguies , taken from other repoits , and hrelo- vnnt inquiries , filling volumes which make their appearance so late that they are only useful for waste pa | > er Attotney General Miller has prepared n statement which shows that so far thei" hate been indicted and conUrtcd nineteen people in the United States courts , In o m- ncction with the Garza raids , for violation of the neutrality laws In all , over 150 indict ments lm\o Dcen found. Tlio placards beiring tbo word "Closed , " whloh have been displayed on the front door of the white house since Marthena Harrison , the president's grandchild , was stricken with scarlet fever , were i omened today Tito Treasury dop irtment lias reduced its estimate of the probable amount requhed for the pajment of the sugar bounties Tito original estimate was $10,000,000 It is now $8,000,000. So far biigar bounties on this i ear's crop to the amount of $ .1,500,000 ha\o been paid. The militia force of the United States , ac cording to tlio litest returns , rs llii.-iuo n\cry state and territory , with the except tiou of Utah , has an organized militia force. John r Mijors'of MiCook , Nob. , has been appointed Inspector of sunojors of general and district land oflkcs , vice , Ira Uiown , 10- slgiud. _ _ Now so-called remedies spring up o\ cry daj like mushrooms , but the people still clings to Dr. Hull's Cough Syrup. Oniaba'H HoniU nt u Premium. About four j ears ago the Board of Educa tion , having on hand more funds thun it needed at the time , invested in $ .HiOO ! worth of bonds issued by the city for p iving and curbing. Being in need of cash , the board offeicd the bonds for sale Monday through Citv 'treasurer Bolln The Gorman Savings bank was the suc cessful bidder and secured the bonds. The bank's bid was for par value , accrued Inter est und it premium of 8157.50. Bostwick & Nixon bid the same , with a premium of $ .11. 80. The Omaha Savings bank bid for par value w Ith accrued Interest. All of the bids were from homo capitalists and no outsldu bids \\cro solicit od , ns the bonds expire within a - short tliuo and It would not ha\o paid tc have advertised them for sale. - Today the treasurer will sell flW.OOO in school district bonds. An liouost pill u tlio nontest work of the upothocary. DoWltt's Llttlo Early Risers cure coustlputioa , blliousuebs uud sick uead ucue. ANNEXATION KNOCKED OUT Oity Oouncil Knocks Oat the Plan to'Tako In Suburbs. ALLEGED LEGAL OBSTACLES IN THE WAY Olio of tlio Clmrtrr Amendment \ \ Hc- iinro tlio Dlnicnlty A Uulot M nnd UunluosA Jlnitly of Jllnor Importance. The city limits will not bo extended Just yet. At last night's session tbo council effectually disposed of the proposition to take in certain suburbs , and it did so by a decisive voto. The report of the judiciary committee In fluenced the % otcs of some councllmcn , who stood In great fear of doing something which that committee had said would bo illegal , although they had a written opinion from the city attorney that the action could be taken and would bo perfectly legal. The Judiciary committee reported ad- \ersely o the passage of the ordinance , holdIng - Ing that tlio city docs not possess the power at the present time to extend its corixirato limits , as there has been no ofllclal showing of the requisite increase in population The committee aigtied that the extension cannot bo made uutll the amendment now pending in tbo legislatuio becomes a law. which will give to the city the power to extend Its cot porato limits to not exceed thirty square miles Some of the members made a gallant fight to secure the passage of the ordinance , but their efforts a\tiled nautrht Steel and Munro were willing to take the opinion of the city attorne\ and believed tlio ordinance should be passed So did Howell nnd UiV waids. who had secured the opinion of Mr Council The discussion was draw n out and at times waxed warm , and the motion to adopt the t cpoi t of the committee prevailed by a vote of 10 to" . Major Bemis returned wrthout his signa- tuie thu ordinance changing the name of Fourteenth street in Washington Square addition to Fifteenth street for the reason that It should bo Fifteenth avenue.- The veto was sustained. Tlio major appro\ed the contract between tlio American District Telegraph compiny and the cltj for a night watch signal sen ice to bo placed in the city hall The ma\or also submitted the estimate by the Board of Fire and Police commissioncis of the prob tble cost of conducting the de- pal tmcnts of illc and poliio for this jear , as follows Fli o. $ l i,000 , police , $100,000 The council was invited by MajoijWeirof Lincoln to attend the complimentary concert tobegi\eu to the legislature bj the Con servatory of Music on the evening of Febru ary 18 The invitation was accepted and a committee appointed to make arrangements Tbo bond and contract with the Chafteu Lumber company were approved. The bond of the Commercial National bank in tlio sum of { 400,000 , ns a city depository was approved Tlio committee on public property and buildings was Instructed to confer with the commltteoof the Boatd of Education icla- live to quarters for the board In the city hall Mr McLeailo Introduced a resolution instructing tne plumbing Inspector to rigidly enforce the existing plumbing oidinince , and to make a carofullnspectlon of all school houses , hotels , etc The Board of Public Woiks was directed to have the grading on Howard street , west of Tw entieth , completed as early as possi ble , m eider to permit the levying of a grading assessment Comptroller Olson was Instructed to ad vertise for bids for printing in book form tbo annual reports of tbo city ofllcers. The report of the Board of Equalization of February II was adopted. The committee on Judiciary reported ad versely on the resolution calling for a four minute service from 0 to 0 o'clock In tno morning , nnd from 5 to 7 o'clock in the evening - ing on tlio Fainam street , li.inscom park and South Omaha lines of tlio sticct rail way company , as tlio company has in use all its lolling stock , and the superintendent is in the east purchasrng material for im proved scrice. . When the cleric announced , "here are sundry bills for the comptroller , " a wrangle was precipitated that lasted for nearly an hour. At Its last meeting the council adopted a resolution providing that all itemized bills should bo read in the meeting , whenever de manded by anv member , for his personal benefit. Mr. Wheeler demanded that the Items of each bill bo read in full. A storm of disapproval mot this demand , but the Fourth warder would not yield until the vote was reconsideied whereby the resolu tion of th.o former meeting was adopted. A bill from n rubber company against the defunct Metropolitan Eloctrro Lighting com pany was presented , and the question arose as to why the bill- should bo brought before the council. During the discussion Wheeler said that tbo city did not represent the Metropolitan company , but that ho under stood that Mr. Spocht did , and ho looked hard In the direction of the councilman from tbo Sixth ward. This brought Specht to his feet with a vigorous denial , and ho moved that a committee bo appointed to investigate him President Bechel suggested that it would look better if some other member offered , such a motion. The matter rested there. Chief Scavcy's bill for $60 for a type writer in his oflico was again presented. This claim has appeared with gicat icgular- ity and hasalivavs been i ejected. It met the same fate again last night. Uinest Stuht was picsent with his union depot scheme , nnd piescnted a printed peti tion , signed by a long list of taxpai crs , stat ing the fact that the city has been greatly wronged and that the council should order the railway companies occupying the public grounds and public highways to immcdlitcly constiuct a union depot as good as they agiccd to constiuct twenty-one jcais ago and In the s uno place , between Tenth nnd Eleventh sticets flouting on Mason , or de mand the completion of the present union depot on Tenth street. The petition was rc- fcired to the committee on viaducts. The following resolutions were reported by a special committee and w cro unanimously adopted Whorens , The all wlso I'rcn Idonco has soon ( It to rt'iuuto from our midst two loving chil dren of our follow councilman , bol 1'rlnco , therefore , bo It Keiolvod , That the city council of the city of Omaha intend to our estvumcd friend and follow councilman , Sol I'llnco , and his family our hlncuio and heart felt sympathy lu thu tliolr 1 ito hortuiNumcnt. Ucsohctl , Th it ncopy of this resolution ho presuntud to Councilman I'rlnuo and that It also bo spread at Kit go upon the records of the council. A resolution was adopted instructing the ticasurer to effect a sottlotuent with the property owners on Douglas and Twenty- ninth streets , who had paid the assessment on the change of grade on those stiects , which have since boon declared Illegal by the couits As soon as the tieasuicr suc ceeds ho will furnish a list to the comp troller , , who will Incorporate thorn into an appropilato ordinance. The comptroller was instructed to have printed 1,000 roptos of the annual report of tno Board of Health Mr. Edward called attention to the fact that the Sun Vapor company had refused to sign the contract for gasoline sticot lighting ns prepared by the city attorney Mr. Munro arose to lomark that ho desired to see the reduction clause stiickcu out of the contract , and that ho believed that anv man who would sign such a contract was foolish nnd that the city had nn rlRht to exact such ternH , which nro not at Ml reasonable The discussion wns cut ohdrU by n motion pre vailing that the couijcl ) ; adjourn until this evening lt f , H > tnl > lMiiMr f , t I. in Angclp * nnil It * I'roinldlHj ; Outlook. LOI AMiians , Cal.Fhb 7. [ Special to TIIK DBF. ] Michael CudaWyj the Omaha packer , arrived in this city n fdif dajs ago and was In ten lowed by n BEfc correspondent con cerning the extent of hl proposed packing works In I/is Angeles , iJtlrt why ho had taken It Into his head to coirfe' ' hero and start a ' ' plant. Mr. Cudahy staitod m roplv that ho had been very much pleased with the management of the branch of his business in this city by W. II. Maurice , and that if ho had not have had such conlldcnco In him ho would probablv not have made the mcve. Asldo from this he said : "this Is unques tionably an agricultural country. This country Is Indeed relegated to Its own ro- sourcrs If it over wants to become great , it is separate ! front the trade areas of the east bv vast mountains and deserts. Ficlghts can no vor bo cheap with such hauls and no way country to help out the trafllc. The country is unique. It has the finest climate In the world and icsouiccs of immense vnluo that onli need development , besides a territory that can support many millions of people "Tho people here are as line as I have over seen anywhere , and I Imvotiavclcd in many countiles I alwajs look at the people I find on the Hticot when I get Into a now place , and I form inv impressions of the futuio of that place by the appearance of the people "There is no place In the world where the hog will glow to gt cater perfection than here in Los Angeles , or southein California The alfalfa that grows heio Is anilogous to castctn clover , and is very fattening When you got Into warm countries fat thor south the hog does not thrive w ell , his fat con tinues oily and docs not get solid , nor doca ho take on tlcsh to any good sl/o But this country here is excellent for hog i.iising "Wo shall put up a plant capable of packIng - Ing 100.000 hogs per jear We do not expect to bo able to get over 15,000 hogs the Hist \ ear , but w e w ill get more the j car follow ing We arc selling j oung Berkshire pigs to fanners at cost price so thei can stait rais ing them. Wo w ill send in ito lists aiound to tlio farmers containing the eastern mat kcts to induce them to bring their hogs to us Wo do not intend to stait a beef packing works at present Wo will not bother with n.aklng sausage in the hog packing house , but will sell that meat to tlio butchers The other items of the hog will bo used as in our Omaha packing houses , of which this will bo much In the nature of a branch " The packing house is now undergoing con struction , and Mr. CudahjIHremain hero several weeks watching tlio progress of the work and cnjojing tlio climate and the country , T , II Lewis of Oxfoul , Neb , airlved In Pomona last week with his wife , four chil dren , household effects , etc , and has become n lesidcnt of that place Ho was in Pomona llvo jeais ago , and purchased twenty acies of land while theie. Two ycais ago ho planted half of It jn oiangcs , and now has a nourishing joung orange giovo. Ho will plant llvo acres rnoro this je.ir T W Townsend of I lucoln , Neb , has ar rived in Pasadena , where ho has a brother who is a phisiclan Ho intends locating heicabout. . Hov Franklin of Omaha , pastor of the Fhst Hebrew congregation there , Icctuicd at tlio sn igoguc in Oakland last Sunday The following Nobiaaka people mo now visiting in the legion of. Los Angeles : Mr. and Mr Catron of Nebraska City are at Alhambra , Mr. and Mrs. Dorr Heflleman of Anselmo , Neb , are visiting at Escondido and C. S. Whltham of tymdolph , Neb , is in Los Angclos. _ * HAS NOT. POWER. Supreme Court Ciinnut Direct or ItORiilnto Congressional Iteiirravntutlon. Attorney John F. Cronielien of this city some monfhs ago 'lilod.a brief in the st kto supreme court in sm effort to show that NcbiasUa was then entitled to six scats in the lower house of congress nnd that it was the duty of the governor to call an election for throe additional members of congress , whoso terms would of course oxplio March H , 18'Ji On the 1st inst. the supreme court llled an jpinlon in tlio case , from w hlch the follow ing extracts are taken "By the appoitlonment act of Fcbruiry 7 , 1891 , Nebraska is entitled to six lopresenta lives in congress after the 3d of March , 180J In an action to compel the governor to cal' ' an election for three additional members of congress , .to fill a vacancy caused by the want of representation in the present con grcss , hold : That the question w as a politi cal and not a Judicial one ; that by reason o : improved methods the census was mon rapidly taken and the loturns classified thai : formerly , so that the population of eacl : state was known a few mouths after th enumeration was made , nnd that to depriv those states entitled to Increased rcprcsenta tlon for two j ears was unjust , but congress must provide the remedy. "Tho petitioner has accomp mied his ap plication with an elaborate printed argu ment in vhich ho contends w 1th gi eat force that as a matter of strict right Nebraska is , and has been since February 7 , Ib'Jl ' , entitled to six representatives in congress. The Justice - tico of this claim will not ho de nied , but can this court correct the wrong ? Wo think not. * * * "It will bo seen that the apportionment of representatives among the several states af ter the taking of each decennial census is made bv congress upon some fixed rule or ratio which applies equally to all the states. The apportionment is , so fur as appears , fair , nnd the only complaint is that it should ttko effect In Ib'Jl instead of 189J. There is much foico in tlio objection tnat the states en titled to Inci eased representation are thereby deprived of the same for two jcars. The question , however. Is political rather than Judicial , and it is dlftlcult lopeiceho In what way the rourts can remedy that defect. With the picsent improved modes of taking the census and classifying the returns , the population of each state can bo ascertained within a few months after the actual enu meration. so that the apportionment can bo made in December or January following the taking of the census It would seem but Justice that this should take ctfcct in tlio succeeding congress , and wo may confidently trust to that spirit of faimess so character istic of the American people to correct the w rong. The coui ts , how over , have no au thority to declare that a greater number of representatives shall bo elected and ad mitted to congress than the statutes specify , and the writ must ho denied and the action dismissed " JM1MKJ.I/I aiKlf K11.T.K1) . 1'ccullnr Accident In Which Two Uvoa AV rro' ' ost. FAUOO , N D. , Feb. 7" A passenger train on the Fargo & St. Pa\il \ Western road ar rived hero early this morning with two dead bodies. A snow plow was sent ahead of the train last night , composed of nn engine , tender and caboose.Vhbn near Sheldon the engine broke loose front the tender , and the latter , with the cabooio , loft the track. The engineer did not know of the break until some time afterward. TliQ engine was re versed and run back. It was found that the caboose had gone dowiirtho embankment and caught fito from the sto.vo. The occupants were ttio conductor and , two uraltcmen , their positions bolngsuch tlyifthoy were unable to got out. HraltemofuThomas Smith was rescued , but Conductpr William O. Crawford and Brakcman W. J , Qdiulan vycro burned to death. Highest of all in Leavening Power. Latest U. S. Gov't Report. O TWO COLTS CAUSE TROUBLE Nice Legal P/oblfni to Bo Solved iti Lan caster Oountj , INTERESTING SUBJECT TO STOCKMEN tucroimo lu n Herd of Hornet Doclonn Homo UtlRittluu In tlio Crlinlnnl Court Other Lincoln > C\TS Note- * . Lixcoi.sf , Neb , Fob 7. [ Special to THE Br.r. . ] The district court was called upon this morning to decide n question that would probably bo a jxiscrto an pastern cadi Five months ago ,1 T McKlnster undo u contract with Jacob Shatter whereby the latter was to board n herd of horses during the w inter for n stipuhtc 1 sum Two months ago the herd was Incioiscd from twelve to fourteen by the addition of two joung colts , a matter that had not been fig ured upon by Shaffer McKlnster claims now tint his contract culls for the bonding during the winter of the held , and declines to pij anything cxtta for the newcomers , while Shiffcr thinks he ought to have pv\ for boarding tlio additions The 1 ittor asks tlio court to decide how much Is duo him , as McKlnster won't paj nor will IIP take off his hands the lolls , which neither man seems to bo responsible for In a legal sense Charltv Moore biings suit against the Bur lington Volunteer Relief association on a lost polU-j of Insurance on the life of her bus hind , Han V Moore who was killed at Hill Citv. S U , November 11 , 1 * ' > | She ob tained a Judgment for sftiOO against the com- inn\ some months since for his ac < idcntal In tlio Crlmliml Conit. The lury In the case of the state against John Holscr rotuinod a verdict tills after noon finding him guilty of asstult with in tent to do great bodll.v harm Holscr Is the young man who unshed Fiedoung's skull In duilng a light His defense was hat Young had provoked the assuilt , but enied that ho had used a hitchot on htm 'oung's life was sivcd by trcpinning the kull August A Routing is now on trial for ettlng lire to a htldge on the Union Pacific fhoratlroul officials claim tlmlhisobject n committing the cr inie wus to pi oo to them hat bv his heroic endeavors the bildgo was Lived from destrm tinn , thereby hoping to ibtain a piss to Chicago Kentm ? claims to jo the inventor of a highH accomplished nd fullj tested ll.vmg mrehlno nnw stoied n Chicago waiting the opening of the .Vorld's . fair John B Housel and S Yates Ogdcn , a pair f Chi 1st ! in science healers , weie arraigned his morning on the charge of practising nedicino without having obtained a license 'iom the State Hoard of Heilth Thev ileaded not gmlt.\ and had their cases con- inucd until Fiidav morning John Newton Wilson was bound over tills jioiningon the cluigeof Illogltlumtupircnt- ago preferred In Mat v Math } , who claimed that one evening in Jul.v last , while she was ilono In her fathei's house , Wilson , their ilred man , ravished her ( ilIn llrlcf. The slaughter house , Ice houses , office , engine rooms and refrigerators , on West Second nnd M streets , belonging to W II Bojer. and rented by Alexis Halter , were burned at - IiO this morning The loss is estimated at over Vi.DOO , insurance ? 1,000 Mrs Borrj , a member of the McCaun-Kcn- dall company , placing at one of the local theaters , was assaulted while on her way homo shot tl\'after midnight bv an unknown man , who threw his arm around hur neck and sti uck her a stinging blow w ith some blunt object , full in the forehead The follow made no attempt to rob her , anil she Is at a loss to account for his action An old soap peddler , answering her description , was arrested and identified by the woman as her assailant , but ho proved an alibi by a man w ho roomed in tlio same block w ith htm , nnd who swore that u hen ho went by his loom about midnight the soap peddler was snoring loudly. John Mulntt.ro , the mall agent from Boa- tiice , who has been confined in tbo county Jail until the govei ntncnt acts on the appli cation lor his removal to a federal insane asjlum , tned to set flic to thojiil last night , but was prevented by his two cell mates. A lire occuiicd about 2 o'clock hi the morning near tlio Jail , and the sight incited the de mented man to have a bonfire of his own. Ho ripped his bed to pieces , piled the straw In n heap and was about lighting a match when discovered. .1.UI7.SI.M/KATA. "The Two Orphans , " the celebrated Pari sian drama , opened at Wonderland nnd Bijou theater on Mondaj and unquestionably is the strongest cffoit of the Bijou Stock com pany. It Is beautifully staged w ith several sets of now scenery from the brush of Chris j Lo Bert , the well known scenic artist of the Tabor Grand opera house of Denver , who > now fills the same position at Wonderland , The costumes aio fine , and the interpretation of their respective roles by the different mcmbcis of the companj shows careful study and ichcarsal Miss Nellie Elting as Louise , the blind or phan , is excellent , and the role of Henrietta is ably sustained by Miss Dora Ixnvo Mr. Oeotgo Wessells plavs the part of Jacques Frochard for all there is in it. Mr Harry Barlow ua Mine Fiochard is amusing , and I while tno character calls for a new line of t business to him. ho keeps the audience in continual good humor Miss CJjpsyBailow as Maiianno is also worthy of special mention for her ndmiiablc acting The bal ance of the company is all good , and renders able support to the principals. The specialty program is also exceedingly strong , the opening number introducing Mackenzie's dioiama of the World's fair buildings , on which a clover lecture is delivered - livered by Miss Kittio Rosljn Some of the greatest Jumping over witnessed In Omaha Good Things Never Die Among the good things that help to make enjoyable our puddings , creams and pastry , \.vhich have been used by millions of housekeepers for years , is Dr. Price's Delicious Extracts of Lemon , Orange , Vanilla , etc. > These flavors di er from all other extracts in their manner of preparation , quality of fruit used , their freedom from all injurious substances , their superior strength and delicate and agreeable taste. One trial proves their worth. PROTECT YOUR EYES U8E Hlrscliberg's ' Nocchangtabli Spelaclcj and Iljcgkssei MaOIo ) cr lire COMPANY , M as Meyer & Bro. Co. , b'olo Agents for Oruulia , Neb , ' Is done by Ltii Ifer , thowondrrful contortion tat , niul MM ! Louis < A Illicit docs did singing nnd ( Inuring Ilul the fi nltiro of the viirlct.\ program Is Mme / ulil\ ! tin 1 the Warren children Thosi > nro the wondei fill nerlellsts who i-riMted sui h 11 sensation nt Wonderland lust week Mini'.ulda , us slstcd by tlio eldest of the Warron's , IM I u rciiinrlcnblc inhibition on tlio swinging trapeze. nnd the \Vni rcn eltlldun oloso tint olio \\ltli n startling double tnimi'f pur urin- unco. _ _ DON'T 131 , A in THE CAU3. DcrlOcin llolliiln Ihn ( tight In tf i < ( 'ronrilml'Clty * ! trnnM. Inlov of the numeral ) * controversies arising from conlltctlng vlcjvs In teg-u-d to the rights and rcsponslbltics of oloflrlc ami cable street ear coup rules , , i derision ton * iloretl ifuw dijs ao b > the mtpremn court of Pennsylvania will pivnoof 8te < lal Inter est. The decision is bised on thu mnv urn- ilitlons growing uiit of attempts to siunirn rapid transit along crowded streets by means of cable or eleclrlo cars In thn rase Just decided a teamst'r was unloading a safe in front of : t business house His horses were across the track on which Iho clcetiieears ran mi a descending grade. It was on a dark evening , and as a car canto ilo\Mi the grade the motoruian was nn ihlo to stop It In time to ptoveitt striking thu horses ami injuring thi'in The owner sued lor damages and rceo\cred a verdict , but the sniiromo court re\eis > es tin * judgment , .ludgo MiCnllum sixitu : "Now thai inpld transit Is leiocnbcd and dcmitmlcdaseisoiitl.il to ( ho prosper ltof \ and the ti-ans tetloti of business in our latge cities , the use of sticots for litdlUduil ion \entema 1 * necessuiiv < | nillllcd so as to make that transit possible , aim to miiilml/o Its d ingcrs The substitution of cable and cloilric cars foe the hoist- car and the omul bus Is a t banco which iciideis Impiacth * iblo nnd dangerous ( eilaln uses of the stioet which onioeio permissible and compua- tUolysifc It introdtiics now conditions , tlio nonobseianco of which constitutes negligence It Is the duty of ptopoits own- eis on sticots occupied b\ cable and electlio lines of railway and of persons crossing and drhlng upon such sticots , to ucognlzo and confoim to those conditions I'lio lisle of cipssing or possession of the tiacks of a rail way operated by hot so now or is not to bo compiled with the pel 11 inoh ed in a cross ing or otcupancj of the tr.u Us of a steam , cable or electric railway The conditions nro m iteri illy nnliko in the s\io \ , weight and speed of tbo cats and in the power by. which tlioi aie moved. " Useless Now IIH i\lcliMlrr : , KANSVS CITV , Kan. , Fob. 7 The ballots cast in the Thiid piLCinct at the November election upon which II L Mooie , the fusion candidate for congress , intended to biso his contest against Congressman Fuustott , v\cio stolen from the oflico of County Clntk Biuce. When the taUing of depositions in the con test tasowui begun the ballots could not bo found This HUM nliig a package containing the ballots was found nt tbo gate of the premises of G II Oaipentor , til" Ann avenue , next door to the house of County Cleik Uriiee The package had been opened and tninpeiod with ami of eoutso Mr Moore i.ui- not now use them in the prep-nation of his case That AYEll'S Sarsaparilla cuiti.s omens of Scrofulous Diseases , Eruptions , I3oils , Eczema , Liver and Kidney Diseases , Dyspepsia , Rheu matism , and Catatrh should bo convincing - vincing that iho same course of treatment WILL cum : YOU. All that lias been said of the wondeiful cuies effected by the use of t&6 during the past CO jcars , truthfully applies to-day. It is , in every sense , The Superior Medicine. Its cura tive properties , strength , cllect , and flavor are alwajs tlio same ; and for whatever blood diseases AYEIl'S Sitrsaparilla is taken , they jield to this treatment. When jou ask for & 9 | don't bo induced to purchase any of the worthless substitutes , which are mostly mixtmes of the cheapest in- gradients , contain no sarsaparilla , have no uniform standard of ap pearance , flavor , or cllect , are blood- puriflers in name only , and are of fered to you because there is more profit in selling them. Taker Pi enured by Dr. J. 0. A > er & .Co , Lowell , Mats. ' Sold b ) ull Drugglam , 1'ilco $1 , lx botllci , $5. Cures others will cure you The Original and Genuine ( WORCESTERSHIRE ) Imparts tba most djjlclous taste and zest * Q EXTRACT (3 BOUPU , ornMJTTEIlfrom § MEDICAL OlLN. fM UKAVIES , TLtMAN at Mod. TUB to hU brother at VtOIlCEBTKK. , . . . . . May. 185L XTJ.afev HOT Jk COLB "TeU iffSAIIcm I.EA & FKUItlMS * that their miuce Is Iilxhly esteemed in India , and lain my opinion , Ute moat S.a'taueliln0bt'l8n ' ' fi1 1 BAUKBIM , itome fauco tbat 15 made. " Eeworej ) Imitations ; BOO that you get Lea & Peirins' ' A BlffnituroonoTcrr bottle of Orlidna' b Genuine. JO1I.N DUMCMN'U UO.NB. NlfW VOKIC. First ! Last ! The first ttuapof the Infant tlio lastguapo tlio oped is for air. All life ROCS by braullilng Inhaling. 1'ure nlr rich In Oxygen mo.ins poo.l hc.iltli : bid , ilr ninkes hid hlood woaMy bodlpH bpoclflo Oxypon Is It-rich in OXV- ( KN u wonilorful y tem butlilor An UONKsrUU.n for Consumption , Colds , Ilron- tliUls.Oitarrli , Asthini. lloiul- nulio. Nervous I'rostriktlon , "Oxygen Book" and 4 Trys Free , SPEGlFlf } OXYGEN 09 , , Sulto 610 SLooly Bldi ; , Omaha. < iiA TIM t i < iti * tin AND 1LA Al AIliALS , Effect Upon the System ofTheirConstantUs . Action on the Nerves , Brain ant ] Feelings. Nootl Not lie Slopped , Hut Their Inllu- Mint Lie ComitbruuUd. Mo Mii ) ill Ink ! < t .ind , mi'tj ( inoiliii'H " 'I tin s | . ' .ilt'n wt-io it iimmlmmt Klftli uvo- nun pin ilul in mill .t W.tll sticct Ilimnclcr , si\s tln Nun VuikJUilliniKi. Continuing , tlio plijHlcI.ui < < ilil "It Is tint ) tli.it ntMtl.N oMTYonn dors ill Ink tc.l nnd u > nVu. U'h.N t 'I'o ina'no blood , to nuliO tii.tln , In tiijKo musilu , In in.iltu m-nof Xot u lilt of It Theiu Is no noin hluiicnt in tin-so artlulus , tl.ui simply Kcup up' the flllllllKS. " "Hut , dortor , " salil the lunlncss nun mix- lotiitj , "must 1 stop Uiulr usot" "Not noioss u llj , " \MIH the phj slcl.tns reply. "It Is true tliotlo not nuuilsh , hut they cnn hct.tUen In inodoi.itlon without .nnv apeciitl Injiu ) , ptovldliiK > i Kood nurxo food Is used nt tlio s.uno i line " "U'h.it do jou inc.in h. . a fee 1 nerve food doitnl ' " " 1 mi' in , "sild tlm | ih\sli'l.u > , "somutliiiiK \\lih li proxlileta food fortlionir\csiiiici\o ; builder It is dllllailt to Iliul just Iho iiigiod- icnts for this jiuiposo , but It iiums to hi\o ; boon found in iho dlstoci.iniido . by Prof. Phclps of Untiiiouth loliogo , known us I'aluo's coluiy i'ouiiounil | The \\.iv In whloh the InKredlonts of tlrjs coiiiiuiuul are com bined , inako it an .ictuil ncno food It con tains Just tlio proper tics hluh the nor\o < roqtilro for BiwUli , do\olopuiuunt nnd The phjslcltn expressed a tfi'o-U truth in a fe\v wolds. The nerves do leijulro a special food , mid thnio aio \\oiiilorful nuinboi * cf people tlirouehout the land utioh.uo found tlilscompoiuil to ineut their wants A 10- riMit letter from General Alexander Hamil ton.lio no\v H-sides in Tariitown , N Y , , boats stioiiKl.v on this point. Ho writes " 1'nino's celery compound has boena bless- ins to tnj familj U relieved Mrs Hamilton , \\lio , aftersuffoiint ; from a same attnek of tlio urlp , suffciedfiomoxecssivo iior\ousness and great prostration And our daughter of 10 , who also suiter ed from the grip nnd meas les , was cured by this remedy in tlio same manner "I have , for inrnveais , suffered from wounds leeeived dining the late \\ai' , thcro being ono o\errny left lung and heart , tiriil lunooairled loiind a musket ball for twenty jcais Hut after using 1'alne's celery eoni- potitul for the past \ear or tuo , lam \lgoroii3 and \ \ ell , and fi eo fiom the gioat nervous ness nnd hemotiliago from whieli T suffered as the effect of the b ill oxer my heart " "My family would not be without I'aino's celery compound in tbo house. It builds up tlio sjstcm , and Is the best medicine that wo e\erused " AM US IS M E.N TS : NKW I "I. MoOoralcer" TIIKATItU A. "dlciaioss. " rrn 5 MA'flxnit 1'OUAY , fib. 0 ATL'l.'iO. T/io I'Jtif , " < jf Coinc l3' . LflSI HUES IN A MRLQR MATCH. Muhl I'llccs J lr t lloor , Me , * 5c uuil (1 ; balcony , DOc nntlTSc DON'T rouarr TIIK rot'i'i.Aii Today. Vou cnn set a Me ronorved aoat In any part of tlio IIUUBU nt \Vccliiosiluy untlnua litneral nilaili. slon to balcony loc NEW TOM. DKK and THEATER. IIAHUV. 3 Nights Beginning , Thursday , Fob.9 The llrllllunt YOIIIIR Coiiipdlan , Mr. Chas. Dickson and his own company of muiry players lu ALL ROARS I PACHECO PUEOEOED IJY THE SALT CELLAR. Mil. DIOKBON IN 11OTH PLAYS. The snlo of 5eats will open tit 9 o'clock Wod- osil.iy iiiornlnt ; at thu fnllowliiK ttrlcou : 1'iret lloor 60c. 75c and tl 00 ; balcony 60c and 75c ; gallery 12Gc FflRfM St. THEATER. I.tko Homo nil UoiilH 1 cailto tlio llouso of tuccoss. TONIGHT. LastPerformance Performance Mat. Saturday. 12 MASVERPIECfiS. Y. M. C , A. HAI.X. . F.vory nlfht nt i except Tluirslay. MESMERIC MYSTERIES. PROF. JOHN REYNOLDS Widely recojrnl/o j as tlio greatest Hvluf MESMERIST. Admission " 10 : reserved huats HOC. Seats on sulo at Chase & 1-ddv'n. S3 Beet Colt Shoe In the world for tba prloo. W. L. DoUglnSBlioeBaroBoldovarywneio. Erorybody Hboulel wear them. It la a duty you owe yournolt to cot tbo boct value f Of youi money. Eoonomizolnyourlootvreorby purobaslnKW.L. DouglnoShOOS.vbloh icprosont tba beat value at the prices ad- VoiUaed above , aa thousands can testily. JOT-TttUo No 8ubntltnto.- BcwnTO offrniul. None genuine without W.I DoiiKlai uamo and price clamped ua bottom. Looker ( or It when you buy. Wi Douelm , Ilrocktoii , HTnus , Bold by MnRiniH Wulibor , Kolloy. btlior A. Co , 0,3 , CaiUon , iii : n brmiSL'ii , lnM/ P \ \ . 1'runny. hoiith Oniumi , Slllrt to HUlt you , got the MARK. IT IS A SURE FIT ; WE MAKE IT AND WI3 KNOW. Watch our advertisements next week. Cluetf , Coon & Co.