FHE OMAHA DAILY BEE.
VI.A OAF ATT A TITKRDAY MOUNTING. IfHRRUARY 2R IftnS.
T7"TT T niTAT T'PP'PT 1
KILLED IN I1SEL11
Special Bill to Secure a Recount of the
Amendment Votes Fatally Defective.
ITS ENACTING CLAUSE NOT BUILT RIGHT
Certain Constitutionally Essential Words
Were Omitted from the Engrossed Oopy (
HISTORY OF SOME DEFEATED AMENDMENTS
Efforts to Patch the State's Bill of Rights
That Have Proven Tutile.
WHEN THE SALARY GRAB WENT THROUGH
Ono CiiHoiif Itcrount In Which the l.i-RUlii-
turo ( lot liven with tin ) I'ctiplo The
I.oliliy IH lU'KliinliiK to See
the Inovltiibte.
LIXCOLX , Neb. , Feb. 27. [ Special Tele
gram to Tin : Bnn. ] A discovery was made
this afternoon by TUB Bni : representative
that will render null and void the work now
being done by the committee appointed to
recount the votes cast for and against the
constitutional amendments at the last elec
tion , ns provided by house roll 112.
A fatal defect was found In the enrolled
bill , which Had not been correctly
transcribed , notwithstanding the report to
the contrary by Chairman Hhodes of the
committee on engrossed and enrolled bills.
The defect failed to attract the attention of
Governor Crounso when Ho was called upon
to sign the bill , and will have the result of
rendering unavailing all the work that has
been done and the useless expenditure of
seveial hundred dollars of public money.
The constitution of the state provides that
the enacting clause of every law shall bo as
follows : "Bo It enacted by the legislature
of the state of Nebraska. "
These words did not preface the bill In
question Introduced by Jensen , but in the
enrolled copy that clause read : "Bo it en
acted by the legislature of Nebraska , " the
words "of the state" being omitted. As soon
ns the discovery was made the attention of
Secretary of State Allen was called to it
nnd he immediately notified the governor.
That oftlclal was at llrst Inclined to regard
the defect as fatal , but subsequently
changed his mind and stated that with tlio
looking up of the law and consulting supreme
premo court opinions ho should regard It as
trivial.
Decision from N'ovudn.
The matter has been looked up to some
length tonight , and It Is found that the supreme
premo court of the state of Nevada Has
passed upon a case exactly in point. In the
state ngulnst Uogors , 10 , Nevada , 2.VJ-201 ,
187fi.lt was Hcl r
TJmt. wlibrri u form of enacting chiuso I
{ jbSyii.UtfOimlIy prescribed It should bo fol
lowed Verbatim , otherwise Urn net IM liable to
bo declared null and void.
In the states of Alabama , CJeorgm , Indiana
Iowa , Kentucky , Louisiana , Michigan , Minnesota
seta , Missouri , Now Jersey , Now York , Ta >
nnd nWlsconsIn Hlmllnr provisions have been
recognized and enforced as mandatory hy'thn
courts , nnd the whole current and weight ol
the authorities as well as reason Is In uccon
with this vlow. dishing In his work on "Law
and Practice of Legislative Assemblies , " (810 (
bcctlon 2102) ) Miys : "Where enacting words
nro prescribed nothing can bo n law which 1
not Introduced by these very words , ovei
thouKh others which are equivalent uro at Hit
Kruno time used. "
The-question asked fulls under this dlvls
Ion thus discussed by dishing. It was MIS
Bested by counsel for the relater In his era
argument that when the bill was presented tc
the legislature the enacting clause contnlnci
the Identical words required by the constitu
tion and that after It.s passage , through thn
mistake of the cnrojlln ; ; clerk , the words "sen
nto and" were omitted. We decided In th
state ex rol Georgia , against Swift
that wo could not- look beyond th
enrolled bill In the oflico of secretary
rotary of state In order to ascertain the
torms.of u law , The correctness of that decis
ion has not been questioned , and under the
rules therein eslublUlied wo must lake the. act
as wo find It certified toby the ofllcor whoso
duty Ills to certify to the correctness ol all
laws that have been enacted. Our constitu
tion expressly provides that the enacting
clause of every law shall be , "Tlio people of
tlio state of Nevada represented In senate and
assembly do enact as follows. "
ThlslaiiUiii ) ! ) Is susceptible of but one In
I terpretation. There Is no doubtful meaning
of the Intention. It IK In our judgment an Im
perative mandate ot the people In their
sovereign capacity to the legislature requir
ing that all laws to bo binding upon them ,
Khali , upon their face , express the authority
ny which they wore enacted , and as this act
comes to us without such authority appearing
upon Its face , It l.s not a law.
Ideutleiil with :
It will thus bo seen that the case now con
fronting the Nebraska legislature Is identi
cal with that passed upon above. The en
acting clause is Incomplete and docs not
specify whether It Is the legislature of the
state or territory of Nebraska. Several
lawyers whoso opinions have been nskoit re
garding the maitcn have stated without ex
ception that their judgment at first glance ,
without taking time to look Into the case ,
was that the Maw would prove fatal to the
bill.
bill.If
If what appears to bs the case Is true It
inahcn little dliTcrencovlut the result of
the recount may be , as the law ordering the
recount would bo held to bo unconstitutional
and voUand the amendments would there-
"forobo without effect and
could not bo enforced -
forced , even though the recount might show
them to have carried.
It Is hinted that this dofcct Is but a part
of the deep laid scheme that Is generally
believed to have been behind the recount
move from the start. As has been before
set forth by Tuu BUB It Is believed that the :
railroads engineered the scheme to have the
railway commission amendment counted into
for the purposoof defeating the passage of ina
maximum rate bill.
This now discovery Is belloved by some to
huvo been the result of crooned engineering
from the same source in order that the ques
tion of constitutionality of the law might bout
called In question and the law knocked out
after It had accomplished the railroad
pur-
jwso of preventing antl-r.illroal legislation.
IIInjury oCHomo.tiiiemliiieiiU.
A glance at the constitutional history of
Nebraska since l8Tfl proves Indisputably that .
It Is ono thing to propose an amendment to
the constitution and another to adopt It. It
lias been frequently remarked that It U 1m-
jiossiblo to adopt an amendment to the con
stitution under the present laws.
The constitution adopted in 187,1 has stood
for seventeen years with but a blnglc an.i-nd-
ment , and that amendment , curiously enough : ,
only affected the emolument * of the men who
are every two years called upon to pass taws ,
for the people of
the state Many
important amendments have been submitted.
An attempt was made In ISS'J to amend the
onstitutlon In onlcr that the right of
uffrago might not bo restricted to the
itcrner sex. In 1KSM two amendments were
.ubmltted . , one to Increase the pay of mem-
) crs of the legislature ) and the other to give
o the people of the state a railroad com-
nlsslon elected by the people and empowered
o adjust the rates of freight nnd passenger
raffle upon n basis more equitable than Had
ixlsted prior to that time. Other amend-
ncnts have ueen submitted since that time ,
but all have failed. A brlof history of the
( Torts to amend the constitution may bo of
ntcrcst ut the present time.
Defeat of tlio Suirriico Amendment.
On February 20 , 1S3I. the legislature
Inally adopted a joint resolution submitting
, o a vote of the people an amcnlment rul.it-
ng to the right of suffrage. The nmend-
nent struck the word male from the eonsti-
.utlou and conferred upon the women of
Nebraska the privilege of exercising the
right to vote. The campaign which followed
was ono of the must interesting chronicled
u the constitutional history of Nebraska.
Some of the most eloquent advocates of
female suffrage in the United States spen
the summer and fall months of ISS'J In the
state , and every cltv , town , village ami
hamlet echoed with their oratory. A
prominent cltln of Nebraska was selected
is thn president of tlio National Equal
Rights association Several well edited
newspapers were established and liberally
patronized by the friends of the equal suf
frage movement. But In spite of the vigor
ous campaign the amendment failed to carry.
The election returns show that 25,751 } votes
were cast for the amendment , whllo fiO.G' ) : !
were east against it. The total vote of the
state on governor was S,008. ! ) The constitu
tion provides that an amendment must re
ceive a majority of the total number of
votes cast at that election. The suffrage
amendment failed to receive the icquislto
majority , nnd Its friends have never at
tempted to revive the agitation in Its favor.
Olio Amendment Th.it Curried.
The amendment relating to the term of
oflleoand pay of members of the legislature
met with better luck. The Joint resolution
extending the legislative term of oflico from
forty to sixty days and increasing the pay of
members from St to W per day was adopted
by the legislature on February 27 , ISS'l. In
thq campaign of 18S-I no particular stress
was laid upon the importance of the amend
ment. No prominent speakers from distant
parts of the country came to the state to
urge with their eloquence the adoption of
the amendment. No newspapers were es
tablished to Impress its Importance upon the
people. When the returns wen ) counted it
was popuhiry supposed that it had failed to
carry. The original returns now on file In
the oflico of the secretary of state .show that
the amendment received 51.UY.I votes. On
the other hand there were 17,700 votes
against it. The total vote was 1,555 ! ) and so
the amendment was lo t.
But those who imagine that an amendment
of such vital importance to the pockets of
the statesmen who have themselves elected
to the legislature every two years could bo
defeated and still be declared carried have
but a poor conception of the "reserved
power" that sometimes lies -in a vote on a
constitutional amendment. That amend
ment was carried , but the people of the
state didn't know It. It remained for the
members of the legislature themselves to
discover the presence of some 22,000 votes in
the ballot boxes that had been overlooked
by the careless men who had been selected
to canvass the votes In the several counties
of the state.
On January 5 , 18ST , after both houses of
the legislature had been organized and the
joint convention assembled to canvass the
returns , the legislative amendment was duly
declared lost. It was not until the llfoof the
legislature had nearly expired that the mem
bers realized just how short a legislative
torn ) of forty days really was. On Fubruary
15 Senator Vnndemark of Saunders county
was seized with an iii phiitlon. It took the
form of a Joint resolution providing for the
recanvnss of the votes on the legislative
amendment. Ho introduced the bill , and In
two days It had been passed.It went to the
house on February 24 , and was passed there
two days later. On the 2'id It received the
ofllcial sanction of Governor Thaycr and be
came a law.
By resolution the clerks of the standing
committees of both houses were required to
assist in the rccanvass under penalty of
being discharged. The rccanvass was con
ducted by Secretary of State Laws and
Auditor Babcoek , assisted by Senators J , 1C.
Vamlcnnark and Paul Schminke , and Rep
resentatives W. J. Pcmberton , F. E. White
and W. II , McCann. The work was Mulshed
in a surprisingly short time. The governor
approved the Joint resolution'on February
23. The polling books from the several
counties of the state were forwarded to the
state O capttol , the votef were
carefully recounted and live days
later the canvassing board was
ready to make its report. Too much
cannot bo said In praise of the promptness
and zeal of the county clerks who forwarded
their polling books to the secretary of state
with so little delay. Many of them who
held their ofllcial residences In the remote
parts of the state must have appreciated
tlm gravity of the situation to such an
extent as to forward their books oven before
the news of the adoption of the resolution
had tlmo to reach them by the ordinary
channels. The students of the science of
telepathy may possibly ilnd In this Incident
material for profound investigation.
Home Kliirtllng Itesults.
On the evening of March 1 the two
branches of the legislature mot , lu joint con
vention to canvass the votes. The results
surprised the most hopeful friends of the
amendment. The increase exceeded the ex-
pcctatlons' of oven the most sanguine. It
was reported that the amendment ha'd ro-
reived 72.-I07 votes. The vote against It was
22,1:1.1. : Then 27,778 voters failed to express
a choice and 1(1,01 ( ! ) worn generous and voted
both for and against the proposition The
total vote on the amendment was Ii8,423. !
When the total vote on the amendment Is
compared with the total vote cast for the
several state olllcers on the same day the re
sults are somewhat startling. Hero Is the
total vote on the state ticket :
On governor , li,5r ! ! ) > 3 ; on leutcnant gov
ernor , I'Ul/JOS ; on secretary of state , liH.lUll ;
on treasurer , 1JM.OSS ; on auditor , liM.OH'J ; on
attorney general , liH.OTiO : on commissioner
of public lands and buildings , ltl,2Uou ! : ;
superintendent of public Instruction , 11-1,004.
For the llrst tlmo in the history of the II.
state , moro votes were cast upon the amend I-
ment than were cast for any otllco on the
state ticket.
The declaration made by the joint legisla
tive convention of January 5 to the effect ,
that the legislative amendment had not car
ried was by formal vote reconsidered and
then rescinded. Thus closed the history of
ono of the most unique events In the consti
tutional history of Nebraska.
Failure of Prohibition.
On February 13 , 18SO , the legislature
adopted a joint resolution providing for the
submission of a prohibitory amendment to
the constitution and ono to provide for the
licensing of the liquor trafllo. The amend
ments were submitted at the general elec
tion In 1MX ) and both were dofeatcu by an
overwhelming majority , The prohibitory
amendment received 82-W votes , whllo 111-
723 were east against It. The high license
amendment received 7 < i-iii2 votes , and
against It were cast OI.OS-J. The total vote
ut that election was2HSll (
The legislature of IS 0 also submitted two
other amendments , both relating to the
judicial department. Ono Increased the
number of judges from three to tlvo and thi
other Hxed tholr salary-all $ tOCK ) per annum
instead ot 12,500 , Both were defeated. 'Ihi
ono Increasing the number of Judges re-
celveu b < l,418 votes whllo flH.Oii were cist
against it- The other tvcolvod O'J.I'JJo ' o
to Ol.filD against.
' 1 ha last attempt to amend the const ! u
tlon was made at the recent general olectkn
when two amendments were submitted. 'I hi
llrst provided for the election of a rallroqi
commission by the people. It rccci1 '
60,010 rotes against I4.1S5 against It , As the
total vote in the state was 204.lf > 'Ji ' lat
amendment was lost and this in splto of the , I
f.ict that it was favored by all the political
parties of the stato. The other amendment
pro Ided for the Investment of the Derma-
iCONTI.NttU OX SUCO.NU 1MJE. ( |
PLEADING FOR ORGANIZATION
Address Issued by the National Association
of Democratic Olubs.
REPUBLICAN DOCTRINES DENOUNCED
Domorrntlr Orgniilziitlou Urged lo 1'repnro
for the I'lectlon or ISI ! A CoiiRrens
In llnrinony with the Adminis
tration IH Wlmt U Wanted.
WAMIIXOTON , D. C. , Feb. 27. The follow
ing address was Issued today by the Na
tional Association of Democratic clubs.
"Tho address of the National Association
of Democratic clubs In April last outlined the
Issues upon which the contest of lb'J2 ' must ,
It appeared , Inevitably be conducted.
"Wo were not mistaken In the views then
expressed. The great battle was pitched nt
every point upon the lines indicated. The
vital principle of strict construction was put
at Issue , and It was Deliberately approved by
a great majority of the votes cast. The
tariff question resolved and settled by the
application of the rule embodied In the
enth amendment Is a question no longer , If
the overwhelming judgment of the people
expressed at the polls is to bo respected and
obeyed by their representatives. The do-
.ails of tariff reform of a system of tjixa-
-lon looking only to the largest returhs of
ovenuo consistent with the wildest liberty
of trade remain to bo adjusted by a demo
cratic congress with the aid of an enlight
ened executive chosen to servo allico the in-
; ercsts of all classes of American citizens.
In the address above mentioned we declared :
Power of ConreKH to Levy Tates.
"Congress may , under the constitution ,
tax the people to sustain their own govern-
ncnt. It has , however , Just as much right
to take their lives or to sell their children
Into bondage as it has to take a dollar from
them for any other purpose. But the
Federalist party , purely to create monopolies
upon which It may rely/or political support ,
mil to further enrich its wealthy favorites ,
lioldiy assumes the ungrantcd and forbidden
| ) owcr to levy the taxes , with no view what
ever to public revenue , but with u sole and
ivowed view to transfer untold millions of
money annually from the pockets of the
many , who have earned it , to the coffers
of the few who are licensed to
seize it in virtue of their uncon
stitutional monopolies. If this can bo
done there is un end of liberty ,
our federal government is utterly perverted ;
It is not merely a fraud , but a despotism ;
nut there is nothing left , worth a struggle.
The power to take and appropriate to others
the proceeds of the people's labor is the
pow r to enslave the people. No such au
thority can bo found in the federal constitu
tion. And the question , whether It shall bo
exercised , though ungrantcd , and , therefore ,
forbidden , Is the question , ns Mr. Jefferson
stated it , 'between a limited and unlimited 1
government ; between self-government and
corruption ; the realization between and
popular liberty nnd a grasping and grinding
greedy tyranny ; between the masses
and classes ; between the federalist republi
can and the democratic parties. '
With great deliberation and solemn em
phasis the Chicago convention took the
same position.
Turin * Heformg Nooemnry.
"But while power steals readily and al
most imperceptibly from the many to the
few , the process of reclamation Is over pain
ful and 'slow. Thb enormously rich benii-
flciarlcs of the federalists' policy , taxing the
many for the benellt of the few , circumscrib
ing the industries of the mass to enlarge the
license of a class , arc still 'in power , ' as
they have been for moro than a quarter of a
century. They are In full possession of the
monopolies , which have enriched them as
no private class was ever before enriched in
the same length of time and enabled them to
protect the party protecting them. They
will remain 'in power' until * Just revision
of tax laws on the lines of the constitution ,
as decreed by the people In the late election ,
shall lop off their undue profits and restore
to the common people that proportion of
their own earnings which the federal gov
ernment docs not plainly require for objects
legitimate and specified.
"Thoy nro banded still , as heretofore , in
defense of their unconstitutional privileges.
They will resist stubbornly at every point
and stage any tariff reform ; tariff reform in
its whole wide bencflcient scope , as contem
plated by the democratic party and the ma
jority of the people , will bo accomplished
only after a llerco and prolonged struggle.
The people , It is true , have selected their
instruments , an executive nnd a congress , to
make this battle for them. But the battle is
to bo made nnd is yet to bo won. Every
thing substantial remains to this hour witti
the enemy , Including the vast wealth of the
monopoly combination , Increased every day
by the monopoly laws which stand unre-
pealed.
Urged to Organize.
"Tho object of this address Is to urge the
democratic people and these who united
them at the election , November last , to
maintain perfect and extend the system of
afllliatod democratic societies , whoso recent
service to the great cause was so con
spicuous , and which must , until the fruits of
the late victory are gathered , bo required to
uphold the hands of our 'ofllcial represent
atives in the long and desperate struggle
with private interests which is still
before them. A democratic president
and a democratic congress will need in
the next four years , moro than over
aroused people , represented In a perfect or
ganization , whoso principles and purposes
are beyond all possible question. A miscar
riage in the elections of 1801 , a failure to re
turn another largo tariff reform majority
would boa calamity of crushing magnitude.
Against It wo can have no assurance except
In a system of democratic clubs , well organ
ized , active and aggressive. In every stale
and district where a contest is to bo made ,
and their union in state and national associ
ations.
"From the hour In which the national con
ventions of democratic clubs assembled nt
Now York In the llrst days of October the elec
tion of Cleveland and Stevenson was seen to
bo beyond a peradventure. That magnificent
assemblage of active and patriotic men from
nil parts of the country , associated under a
simple declaration of axiomatic democratic
principles , wtts n spectacle so striking and
encouraging as to resolve all doubts , and it
is now very plain that to the 1,000
democratic clubs represented in that con
vention and in this association , too largo a
share of credit for the final result cannot
bo accorded. Let us bo found oven better
prepared in 18114 and 1MHJ. Yours truly ,
Ciurxci'.y F. BLACK , President.
LAWHEXCE G.vnnxcit , Secretary.
lAVu.LiAM L.iWiLhOX , Chairman
of the Executive Committee.
And members of the executive committee
I'Ol'UI.lSTS WII.1 * .SUMMIT.
Kiinsns I.eelnl-ttnro Will In the I'utiiro Have j
hut Ono Iloiue.
TOIT.KA , Kan. , Fob. 27. Tomorrow Kansas
will have but ono house of representatives.
The populists were In caucus all day today
considering what action to taico in view of i
the decision of the supreme court that the
republican house was the legally organized
one. After much discussion it was formally
iys
decided tonight that the populist members
should Join the republican house tomorrow
morning , They will demand , however , that
the house pass an appropriation for the
payment of the salaries and per diem dues
of the oftlcetsand members of the populist
house up to date. The populists decided
a1 so that no bills should be passed excepting >
those necessarry to keep In motion the ma
chinery of the state and that adjournment
should bo reached as speedily as possible.
The senate today empowered their elcc-
tions committee to inquire Into the election
of Chief Justice 'llorton of the supreme
court. The populists'say they believe Mr.
llorton was illegally declared to bo elected
ii n 181H ) over the popujlst candidate , Kl < ? ht-
miro. ' Their notion ynis to bo dictated by
revenge for the decision of the supreme
court , declaring the inpulist house to Have
jccn illegally organized.
CI.KVIII.ANO'H INAUOUUAI , AIHIICINS.
It Will lie Sliort-.SuliJectN Upon Which lie
Will , Touch.
NEW Yonic. Fob. 27. St. Glair McKelway ,
editor of the Brooklyn ICaglc , who has been
for several days at Lakewood , N. J. , and
during that tlmo has had conferences with
resident-elect Cleveland , writes his paper
is follows :
"Grover Cleveland's Inaugural address as
president of the United Statiw for four years
from March ! next will contain about 1,700
words and will bo more general than spe-
clflc In character. Mr. Cleveland has care-
fully written out what ho desires to say , but
will speak at the inauguration witnout man
uscript , only referring to topical notes to re
fresh his memory. Ills utterances upon the
financial policy , tariff and economy of admin
istration will bo decisive and frank. Coull-
ilenco in democratic principles as able to deal
with thn problems of labor and capital , sec
tional divisions and political unrest will bo
cxpro'sed. The abolition of federal inter
ference with elections In the states will , it is
said , bo treated as a recognized decision of
the people. The pension department , the
new navy , a rigorous quarantine and the
regulation of Immigration will probably re
ceive attention. The president may not
refer openly to the question of anexatlon of
Hawaii , but will probably take a conserva
tive stand on the subject and not act hastily.
' Mr. and Mrs. Cleveland will go at once
to the executive mansion after the inaugu
ration , and no' , to any private residence , as
has I been stated. President Harrison has
Had 1 the white house put In admirable condi
tion. Ho has been In correspondence with
Mr. Cleveland , and the latter greatly appre
ciates the kind , provident and hospitable
spirit which the retiring president has
shown for the comfort of the family of the
incoming executive.
"Mr. Cleveland and President Harrison
will ride to and from tlio Inauguration cere
monies together. Mr. Cleveland's llrst veto
was sent In against the arrangements that
he should bo driven from the capltol to the
white house behind four black horses In
white harness with an outnJcr on each. "
Mr. MclCelway adds : "The eleventh hour
loyalty of the Brooklyn machine to Cleve
land is appreciated at its commercial value
here , and whether the home machine will
have the courage to keep out of the caucus
at Albany or not Is watched forthwith with
interest. The policylf going into caucus to
save recularity mixed with the purpose to
back out or to try tb back out of caucus if
anything unpleasarit js sprung on the caucus
is regarded hero as'an endeavor to ride two
horses going In opposite directions nt the
same time. Open opponents within the party
will be treated with no preference , as nerve
less and inveterate'sdf-styled friends. Anti-
snapper democracy "ranks High in the quota
tion of political values hero and at Washing
ton now. "
ON HIS WAY'TO'WASIIINGTOX.
Vlco I'reMd nt-1'lectStnveiison Given a limit
Send OH' by IJIoomliiKtoii People.
BLOOMIXOTOX , 111 ; , Feb. 27. All of BloomIngton -
Ington was astir this morning to bid farewell -
well to Vice President-elect Adlal Steven
son , who was to start on his Journey to
Washington for th.6 Itiniigurab , i/Mr. Sto.von.-
son and family arrived-at the depot at 7180 ,
but the crowd would not be denied , and It
friends and neighbors. > _ The greatest en
thusiasm prevailed 'and"a great farewell
cheer ' arose as the train pulled out. .The
train was chartered through to Washington
by the Illinois Democratic club. The train
consisted of a baggage car , four sleepers and
the private car of President Oakcs of the
Northern Pacific for Mr. Stevenson's pri
vate use. The rest of the train was filled
with friends and relatives of the vice presi
dent and prominent democrats.
CIIICAOO , 111. , Fob , 27. Vice President
Stevenson's train arrived at South Chicago
shortly after noon and was shunted from
the tracks of the Chicago & Alton road to
those of the Baltimore & Ohio , over which
the remainder of the Journey will bo made.
Mr. Stevenson was greeted by his fellow
citizens at the towns along the way , but
made uo speeches.
ci-iviu ritoliiitiTIONISTS.
The } Illoclt the Schemes of fionlh Dnhoiu
Ko. < ml > mlH looiats.
PiEimn , S. D. , Feb. 2i. [ Special Telegram
to TIIC BEE. ] The senate today passed a
bill appropriating $15,000 to cover claims for
per. diem and expenses of the militia from
Hennosa and Hapid City , who served at the
time of the Pine Hldgo Indian trouble two
years ago. It Is very likely the bill will go
through the house. A strong lobby is here ,
including Stanton and McLeod , at whoso
ranch the troops stayed.
The prohibitionists this morning , by a
clever deal , shelved the rcsubmlssion reso
lutions probably for the session.
Hooper moved that the appropria
tion bills bo madea continuing order
until disposed of. As it > ls hotly contested It
may not bo finished Jill the last day of ses
sion. Meanwhile no bill can be considered
without the consent of two-thirds.
The resubmisslonists hro very angry , but
are hatching a scheme to circumvent theirop-
ponents. They claim to Have a full majority
In both branches.
The governor today appointed L. T.
Boucher of Eureka a member of the board of
regents , and the nomination was imme
diately confirmed.
Cleveland' * Special Train ,
Pa. , Feb. 27 , The presi
dential special train , which will run over
the Heading road , carrying the president
elect and party from Lake wood to Washing
ton on Thursday , will consist of a royal blue
line baggage car and the private cars Balti
more , Oriental and Monmouth , The train
will leave Lakewood at 1:23 : p. m. , reaching
Elizabeth at 1:50 : p. ni. and Bound Brook at
2:11 : p. m. In order to avoid a probable
crowd It will stop at a point outside of Phila
delphia to change locomotives and will pass
through the station at 2:40 without stopping ,
It is duo at Washington at liO ! : ; p. m.
ATnilil to'l.euro. ' 11 HI State.
CIICVEXNB , Wyo. Feb. 27. A. C. Beck-
with , the newly appointed senator , with
Chairman Now and Adjutant General Kabls ,
left today for "Washington. Governor
Osborno was to aecqmpany the party , but
decided to remain In- the state. It was
feared that should he leave , Secretary Bar-
hour , who would bo acting governor
his absence , would on March appoint P. E.
Warren ns senator for1 the cnsuingtwo years ,
and thus prepare a baste for contest against
DccUwlth. ' '
_
Speaker Wuleli DoncrtK IIU I'nrty.
GiiAXi ) FOIIKS , N , D , , Fob. 27. Gcorgo
Walsh , speaker of the house of representa
tives , has renounced the republican party
and gone over to the Democrats. He declares
that the senatorial contest at Bismarck
ought to end thQ exstcncc ! of the republican
party in the state.
KeiiHturlMl CouUU.
, Wash , Fob. 27. Today's sena
torial ballot : Allen ; 40 j Turner , 20 ; Griggs ,
20. Homalnder scattering.
HELENA , Mont , , Feb. 27. The vote for sen
ator today stoodr Mantle , ! 30 ; Chirk , 25 ;
Dixon , 1 ; Kleinschmldt , 2j Toole , 1 ; Hall , I.
Xorvlu Creon Left NoV11I. .
LOUISVILLE , Ky. , Feb. 27 , [ Special Tele
gram to THE Dec. ] br , Norvin Green did
not leave a will , Ho left a fortune of abdtTt
I750.000. Under Kentucky laws ono-tlilrd
KOCS to the widow , which leaves $ XX,000 ) to
bi divided between six children , four sons
and two daughters.
CRAZED BY RELIGIOUS. WORK
Her. J , R. Sanford of Suraner Loses His
Mind While Preaching.
SMASHED THE BIBLE OVER THE PULPIT
I'or 1'lvn .111 mi Ins tlio Auillrnco Witnessed
n Itriiuirkuhlo I'rrformuncc InterestIng -
Ing town l.ltluratlon Sever.tl I in.
liortiuit I'olntH to lie Ilevldud.
SIMNBH , la. , Fob. 27. [ Special Telegram
to Tin : Bnn. | Kev. J. U Sanford , pastor of
the Methodist Kplseopal church of this city ,
was alllicled with insanity while occupying
the pulpit Sunday , and for a tlmo pande
monium reigned. For weeks Mr. Sanford
has boon holding revival meetings , working
very hard and going without food and sleep ,
until his friends noticed that ho sometimes
acted ( ( strangely and appj.ircJ lo bs com
pletely worn out.
At the Friday afternoon iiicctln ? Ho talked
harshly and almost fiercely to the congrega
tion , so much so that much talk was In
dulged in. Saturday night ho ssemcd ut
terly beside himself , his face wcai ing an
agonized appearance , noticeable to every ono.
Sunday mornlmr ho preached a powerful
sermon , closing with an exhortation , and at
this moment his mind gave way and for
live minutes ho was a ravimr maniac.
Ho raved , swore , threatened violence ,
smashed the bible over the pulpit , jumped
upon it , cursing and calling down the wrath
of God all the while.
The largo audience was simply paralyzed.
Such a thing had never betoro been hoard of
In this state. A town ofllelal , happening to
come in Just at this time , went forward and
took hold of the unfortunate man , spoke a
few words to him and reason returned. Ho
was taken homo , but is in a critical condi
tion , physically and mentally.
WI2AI.TII r TIIIO WISNKItS.
Costly Imention Over ths Aijliitinrnt [ ; of
an Administrator.
EI.UOHA , la. , Fob. 2T. [ Spjcial Telegram
toTiic Bun. ) In the district court , which
opened hero today , will bo trioJ what now
promises to be one of the most sensational
financial suits over brought into court in the
state of Iowa.
L. F. AVisncr was probably as wealthy
and as well known a man as there was in
the country. Ho had by In lustry and
frugality accumulated a fortune estimated
at $1,000,000. About two yo.irs ago ho and
his son , George II. Wisner , drove out into
the countrv to look over some land and a
shotgun was put into the buggy , the young
man intending to hunt while the old gentle
man was transacting business. They had
arrived at their destination and the young
man was taking the gun out of the buggy
when it was discharged , killing the father ,
and the son Immediately passed into the
ownershlpof two-thirds of this great wealth.
Prior to the death of L. F. Wisnor , his
son George , us it is understood decidedly
" the wishes of ills father and mother ,
Jfibs Fiinnlo Oilman , daughter of C.
C. Gllmtiu , for mitny years closely identified
with tho. Iowa" Central , At the time of
Wisner'a. death his secretary , J. D. New
comer , was appointed administrator , and
settled matters seemingly satisfactorily to
all.
all.On
On January 11 last occurred the death of
George II. Wisner. The law prescribes that
within twenty I'ays ' the widow may apply
for the appointment of an administrator ,
and this was done , she asking that herself
and J. L. Williams of Marshalltown might
act as such. For some reason they approx
imated his wealth nt only $25,000 , and
offered Individual bonds to the amount of
$50,000. The clerk of the courts refused
to appoint on grounds of Insufficiency
of bonds and an underestimate of the do-
ccascd's wealth. A few days later Mrs.
Julia A. Wisner , mother of the deceased ,
asked that tlio administrator of the former
estate , J. D. Newcomer , bo appointed , nnd
Ho gave bonds in the sUmof .ffOO.OOO , and this
was accepted. Immediately upon learn
ing of this , Mrs. Fannie Wisner and J. L.
Williams offered additional bonds to the
amount of J700.000 , and at once their attor
neys commenced action to have the appoint
ment of Newcomer set aside on the ground
that the clerk had no right-to appoint others
when they complied with all the require
ments of the law. Upon this point the case
will bo fought.
SHOUT IINU J'LANH.
ItV1I1 lie 1'iihlied from O'NoIll to Connect
AVIth the Burlington.
SiouaCrrr , la. , Fob. 27. The Pacific Short
Line bridge , begun three years ago and sus
pended by financial reverses , is to be com
pleted at once. It will bo sixty feet wide and
cost over $1,000,000. It is expected to bo
completed November 1. The Pacific Short
Line is also getting ready to push westward
from O'Neill. Its llrst aim will bo to got
connection with the B. & M. road near Dun
ning , Neb. , which will give the road a line
Into the Black Hills and the Burlington a
new line to the Missouri river. Negotiations
looking to this have been completed. The
ultimate object is to make the Short Line anew
now route into Denver , Ogden and the Pa
cific.
In Favor of the l'rl < 4St.
FT. DODOB , la. , Feb. 2" . [ Special Telegram
to THE BHE. ] The sensational Keating will
case ended hero today In which the heir of
Patrick Keating attempted to break his will ,
claiming that Father Darcy , a Catholic
priest , had used undue influence to secure
Heating's property for the church. Judge 3rj
Himlman's decision completely vindicated 1
the priest , his ruling holding that there was
no evidence to warrant the charge of forgery
or undue Influence. According to his decis
ion two of the heirs are given one-fourth of
the property whllo three-fourths goes tc the
priest for the church.
Denth of n ( imntusD.
Dus MOINCS , la. , Feb. 27. [ Special Tele
gram to Tim BEE. ] Miss ICmma Ballard ,
known as Lady Aama , the giantess who has
been on exhibition at a local museum here ,
died at U:30 : this afternoon of consumption
and "growing" fever. She came from
Franco about fifteen weeks ago , was 1(5 (
years old , weighed 285 pounds , wore a No.
17 shoo and was still growing.
liar * of 11 In Window Siuvcd OH' .
BOOXE. la. , Feb. 27 , [ Special Telegram to
Tun BEE. ! The tramp Uoss , whoso murder
ous assault upon an old man was so bravely
repulsed by the intended victim's two
daughters some time back , was discovered In
an attempt to break jail today. Ho hail
three bara of his window sawed off. Ho was
taken to the Story county jail for safe keep
ing.
l.lriin on the Viiiiltton i Norfolk ,
Sioux CITY , la. , Fob. 27. ( Special Tele
gram to THE BBE.J The creditors of the
Yonkton & Norfolk line , now In course of
construction , filed liens against the road
toJay aggregating f0,000. The road is
graded and partially Ironed from Van It ton ,
S. D. , to Norfolk , Neb.
Cudnhy berurrs n Contract.
Sioux City , Feb. 27. [ Special Telegram to
THE BEE. ] The Cudnhy Packing company
was today awarded a contract to furnish the
government " 00.000 i > ounds of bacon to bo
supplied from Its Sioux City and Omaha
houses ,
AVnnt tlio Corn llutlcH Suspended.
NEW OKLEANS , La , Feb. 27. The Times-
Democrat's City of Mexico special says : The
National Board of Public Charities ot Mcx-
lie has petitioned the government for an
other reductlon-or temporary suspension of
the duty on corn , claiming that largo quan
tities of tlio grain will bo required lo prevent -
vent suffering among the poorer classes In
various parts of the republic. All the Mex
ican railways have IncrcTiscd their rates
and it Is stated that the government will
ordir ! them reduced In order to make the
transportation of corn from the United
States cheaper than at present.
IniiinteH of n ChteiiRO llousn
Crushed \iy \ Its C'ollnpie.
CHICAGO. 111. . Feb. 28. The wall of a burn-
, ng building In South Hnlstoad fell about 1
n. in. this ( Tuesday ) morning and crushed a
hotisn In which two families were living.
Ten bodies have been taken out of the
ruins of the fallen wall.
M.ICKAr'.sI > ITI < I.\ ;
He Is Ituplilly Iteeoverlnt ; Iroiu Ills Wound
Ills Ai-mlliint Dying ,
SAX FIIAXCIM-O , Cal , Feb. 27. Health Of
ficer James \V. Koeney , physician In attend
ance on John W. Macka.v , today said that
Mackay had passed a very good night.
ill dressed his wound at It a. in.1 said Dr.
Kceney. "and found It was In tip-top condi
tion. Tonight 1 intend to take out some of
- - -
the stitches. "
Mr. Mackay is feeling very well and Is able
to sit up in an easy chair.
Wesley C. Hippey , the old man who shot
Mr. Mackay , is sinking rapidly at the re
ceiving hospital today. Police Surgeon
Sinners has no hope of the man's recovery.
When ho was seen today ho said ho was
sorry ho had not made a good job of the
shooting. Hnvnid :
"I am an old man 73 years of ago and I
know perfectly well what I was doing when
Ulred that shot. Atonolimo I had over $ ' , -
000 , but Fair , Flood and Machay caused me to
lose it after It was Invested in stocks. That
loss chanifcd my whole life. Instead of the
hopeful , energetic man 1 once was I became
a misanthrope , avoided the society of my
fellow men and became a stranded hulk in
pauper alloy. 1 may be wro.ig , but I think
all rich men like Mackay should bo killed. '
I would do the samu thing over again ,
but next time with better success I hope.1
A lit of couching Interrupted the old man.
and turning wearily on his side ho refuse ; !
to say any more.
SACHUIENTU. Cal. , Feb. 27. Colonel James
McNasscs of this city , Kipper's former part
ner , said today : "In IhS.VIi lie was partner
with me and Judge Stratlmru in a mining
business at Brecklnridgc , about sixty miles
from Denver , but ho sold out and went Into
the hotel business nt Denver , running the
Trcmont house there. He sold it for $2iNK : ( )
and that Is the most money ho over Had. Ho
was always in litl.'Mtion and I regarded him
ns a ciank. I don't think ho c.ver know
Mackay personally or had dealings with him.
1'jr.CUI.I.lll YM/Air.lV AVUllHiXT.
Carelessness of it Newsboy CiumM the Do-
hy 1'lrn of u Smoker.
CINCINNATI , O. , Feb. 27. A Paris , Ky. ,
dispatch says tlr.it a smarting car on the
Kentucky Central branch of the Louisville
& Nashville road caught lire near Talbott
station while the train was running at
full speed and was" destroyed. A newsboy
lit n cigarette and throw down the match
beside a leaking can of gasoline. The fluid
caught llro and the passengers ran for-thcir
HTes-T5omo of them Jumpinir .through the
window. The following people 'were badly
burned : - . '
Q. C. LOCKIIAIIT.
ATTouxur WIM.IAM TAIIU.
Dit. J. W. JAMESON.
J. W. McSiuiN.
II. GOUOIN.
WILLIAM BALLINOEH.
U. W. FOHD.
M. II. Ari'Lr.GATE , the newsboy.
i
S IATKST STItlKE.
Jtcgulnr Old-Time Mining lloom Follows
thn Discovery Wear I'ltlclii.
DKNVEII , Colo. , Feb. 27. [ Special Telegram
to THE Bnc. ] The recent discovery that
Chicago park , a mile above the town of Pit-
kin , is underlaid for miles with mineral of
high grade in workable distance of the sur
face has caused an old-time mining boom
Shafts are being run all over the park. Some
of the mineral runs .as high as $18,000 to the
ton , and will average 1)0. ! The character of
the discovery is such that the Union Pacific
railroad will Immediately reopen the old
Alpine tunnel. It has been closed several
years and the lilo Grande company will con
struct a branch from Parlino to Pitkin lor
the purpose of securing the business In view.
Cudahy. the Chicago pork man , is interested
largely in the company.
JIIIA ? / ;
In Kcsctiliiff Children from n U'ntery Clrnvo
Ho Nearly Loses IDs Life.
PiiiLADCH'iiiA , Pa. , Fob. 27. [ Special Tele
gram to THE BEE. ] Dominick Torpoy Is an
engineer on the Pennsylvania road. Whllo
taking a freight train to Now York when
near Frankfort ho saw four children break
through the ice on a pond. Torpey whistled
for brakes , leaped from the engine and
dashed into the water. Ho saved William
Tampler , aged 0 years , and came near losing
his own life. After pushing the children on
solid ice Torpoy became chilled and was
rescued by the train crew. Ho was taken tea
a hospital and is in a precarious condition.
The ilreman ran the train to Bristol , where
another engineer took Torpe.y's place.
AND nintntni.E.
Ilown rennsylviinhi Muii Put un ICnd to Ills
Kxlstonco.
PiTTsnuiio , Pa. , Feb. 27. A Chronicle-
Telegraph Newcastle , Pa. , special says.
Leo Tavlor. who lately met with financial
carriage at a saw mill at Mud Kun Saturday
evening , and grasping the framework with
ono hand and , the shaft with the other ,
pulled himself up to the rapidly revolving
saw. His head was ( Distantly severed from
his body and rolled down into the dust pit.
The engineer , noticing a Jar in the machin
ery , went to the saw and was horrified lo
lind the bleeding trunk still lying on the car
riage. The deceased was recently married
and leaves a wife , but no children.
COI./.lDlil ) O.V A JIKHH1K.
Freight nnd rnssengor Train * Wrecked
Whllo C'roKsliii ; the 1'otomuu Illvrr.
WASUI.NO.TON , iJ. C. , Feb. 27. A collision
bctwce passenger and freight trains on the
causeway of the long bridge over the Potomac
mac this uiornlng rcsultod in the wrecking
of both engines , killing Fireman Simpson of
the freight and seriously Injuring the engi
neer and Ilreman of the passenger train * The
telegraph operator on tlio bridge was ar
rested for falling to close the switch.
Another I'lucu lor Harrison.
NEW YOHK , Fob. 27. A morning paper
says : Considerable correspondence has been
going on between President Harper of the
Chicago university and John D. Rockefeller
concerning the best methods of promoting
the growth of the university. From a hint
dropped 1 by the millionaire to ono of his
friends , , itis belloved that a'chalrof consti
tutional law will bo endowed in connection
with the Chicago university , the salary to bo
$25,0X1 per year , and that President Harrison
will bo Invited to accept this position yand
lecture at least twice a week to the students
of the Chicago educational Institution.
CHICAGO , ill , , Feb. 27. The report that
President Harrison is to lecture on constitu
tional law at the university of Chicago , was
denied today at tl-at Institution.
Killed Tire Claim JuhTpcn.
PUIKSIX , Ariz. , Fob , 27. In the placer dis
trict on the Huaiyumpe river a man named
Michael killed two Mexicans who tried to
Jump His f lulm.
P U1PIVP TII1 > PI tnMTAfiP
( AUltlw. Hlb liLADIAIOKS
Qriswold Mnkos the Rounds of the Training
Quarters Near Now Orleans.
ALL THE FIGHTERS AHE IN FINE FORM
Itjan inn ) DIIWMUI lluvn llotli llenn n TrlllO
felck , hut Not SerloiMly ritzilmmoiifi ,
Smith nnil ( lodditrd In
Perfect ll allli.
Nr.w Onuuxs , La. , Fob. 27. [ Special
Telegram . to Tin : Bus. ] The Crosi-cnt City
Is in an unusual stir this evening , as the ar
rivals ; from all parts of the country through
out the day have been both prominent and
numerous. In consequence the directory of
tlC two clubs , the Olympic and tin- Cres
cent ( , are foolt.u Jubilant an 1 happy. There
IsC but little doubt now but what the dual
carnival ! will bo a success , so far as nulling
out ! oven Is concerned at any rate To ac
complish this , however , will be moro of an
uphill Job for the Olympic than the Cres
cent , for everything Indic-ites that the
larger pen-outage of the priHp.vtive crowd
will hold for the his ? $ -1(1,000 ( mill between
Hall and Fitzsiinmans. ' Already tin ? silo : of
seats for thl.-revent assures a tremendous at
tendance. M'iny of the loiil enthusiasts
predict moro people thru were here last Sep
tember to- witness the fall of tin- big fellow.
The four events under the auspices of the
Olympic aggregate- purses itho sum of
$10,000 and add their expanses to this and It
will foot up nearly doulilo this figure. They
are confident of pulling out square , but In
vestigation < docs not fully justify this expec
tation. :
Not Tp ti > Illch Wilier Murk.
Of courss the city Is tolerably well tilled
with str.ingors , from the e.ist , north and
west , yet notwithstanding the hotels are
doing a rushing business turd lint all the
sporting resorts are Jammc I with
strangers there is nothing llko
the masses that were upnn the
samu scenes six months ago , and. as 1 have
always claimed. It will not bo within the
tlmo of the prcs"iit generation that the
spjrtlng world Is again agitated like it was
then. There Is not oxistlm ; a curiosity of the
magnitude and magnet power of John Law
rence Sullivan. When Mitchell and Corbctt
meet here , for they surely will if they moot
anywhere , it is r luld Judge indeoil who will
put the crowd on a level with that which
gravitated hero to sec Pompadour Jim punch
the big Boston pudding.
The Hyan-Dawson contest , which comes oft
Wednesday evening , is creating moro excite
ment just now than all of the events of the
two clubs combined , by reason of the tre
mendous Influx last night and this morning
of the K.van cohorts. For the tlmo being the
great light between Hull and FiUslmmons
has sunk Into insignificance.
1
Tommy Kyaii'H dinner * .
Is a hot popular fitvorlta hero , but It
should bo remembered .that Billy Meyors
was , too , popular' . Prejudice does not win
fights , as I have seeudemonstratcd-tlmo and
tlmo again. In this instance , however , I do
not think the public is basing its opinion on
anything but the solidcst of foundations. I
was with Tommy n'.l yesterday afternoon at
his training quarters at Bay St. Louts , as
lovely a spot as was over polluted by the
foot print of a prize llgnter , a ver
itable tropical paradise , overlooking
the 'tumultuous gulf and fanned
by the indolent but life-infusing breezes from
the West Indian ocean. The big spreading
oaks In their dark rich enfollatlon , the tall
magnolias with their glistening waxen , ob
long leaves , great thickets of clambering
rose , banks oC flowering Jessamine , clematis
and juponica , the blue canopy with Its lacy
network of scurrying clouds , and the far-
stretching bay , dotted hero and there and
everywhere with the white-sailed craft of
tlio fisherman and oyster catchers , make a
seono of gefitlo plcturosqucness that people
of the north know nothing about.
All la FlKlitlni ; Form.
I went up in company with President Noel
of the Crescent club , J. J. Foster , the club's
.
press agent , and a number of other gentle
men. Wo also took in Kcranton , where Eil
Smith Is putting on the finishing touches.
Blloxi , the abiding place of Goddard and
Dawson , and and a number of other
notable points. Wo found all of
the fighters , with the exception of
Uawson , in fine form , the latterNias had a
rather sovcro attack of dysentery , which
has given him n haggard and worried look ,
but he is recuperating fast and expresses a
belief In his perfect fitness by day after to
morrow night. This circumstance , however ,
has been sufficient to again change the bet
ting , and this evening it is 4 to 5 in Tommy's
favor , and last night In the old slave mart
of the St. Charles bar a bet was made on the
strength of the above fact of $203 to $1,000
that D.uvson would not face Hyan In the
ring Wednesday night , but this is all right.
Dawson told mo himself tliut his affliction
was but temporary and slight at its worst ,
and ho would bo on hand , much to the regret
and chagrin of this section of the world.
I never saw Kyan looking bettor , although ,
If the truth were known , ho has been suffer
ing a lot with his bowels too , but today ho la
as sound as a now dollar. Ho looks a trifle
drawn about the face and small of the body ,
but the way ho punched big Henry Baker
about for tiie bcnetlt of his visitors convinced
all that ho is as Ut us human skill can make
him.
him.Up
Up to within the past twenty-four hours
Dawson has been in most excellent con-
ditlon. The salt air airrccs with him wonderfully -
derfully well and yesterday , notwithstand
ing the recent draft on his system , he was
ono pound over weight and Just two heavier
than the Omaha pot.
Joe Goddard looks ns sturdy ns n rhinoc
eros , and Just about as [ irctty. Ho Is taking
thlngb easy now , devoting himself exclu
sively to mending his lung power.
\Vlmt Illcr Hoi ) Kuya.
While at Blloxi I had quite n long talk
with Fitzsimmons , who , as is ever the case
with him , is ready to step Into the ring at a
moment's notice. Ho IB n marvel and no
mistake , and It gives a man the shivers to
look at him. Ho weighs exactly 103 , and
looks much thicker about the hips than when
I saw him last fall , At the request of Mr.
Noel , Johnny KIchardt passed the tape in
under the monster's arms about his chest
and it showed exactly forty-four Inches , al
most Sullivan's measurement when ho
fought Corbctt. His calves have also
taken on flesh and ho in stouter every
way from the knees up , Iio reviewed
the Hall knockout In Australia , laughing in
a san'onlo ' way , and remarked that there
was no period In the careers of he and Hall
In Australia when ho could not haveknock * < < -
the latter out In three rounds. Yet despite
of Bob's bluster and brag , oven hero In his
throne , Hall Is quoted at oven money , and at
the ringside will ho the favorite. The sub
stantial clement down hero want to see Fltz
whipped , but the pickers and the fancy are
rooting and pulling hard for him.
I also flaw Austin Gibbons , but as ho is
cutting but an Infinitesimal figure In the ex
citement , I didn't waste much time in bla
bailiwick.
Id .Smith' * Hold Talk ,
As for Ed Smith he pretends to be bub-
bllng over with confidence , but it only re
quires half an eye to discern that he is work
ing the racket on false pretenses. He la
destined to receive an unmerciful beating.
Ho boldly asserts , however , that he Will de
feat the Barrier qhijrnp'.iju '
