" , . , . . - - - - " _ , , , , " , „ m- -----1 I _ " , . . . . . . . . " fir , , , . „ u. ; ' r' " . ' , w- . . , . . . , - . . , , . , . . ' n - , , nn , TILE OMAHA \ DAILY BEE : 1VV 13ENSDAY . SEPTEMBER \ 18. 189l'J. ' tl _ _ m _ - - - - ' - - - . 4 HAYDENs SELLING OUT THE ' NEWYORKSTOREUAYDEN f 3 3 Cj All Omaha turned out to bid our by i1J : sale 6odspeed-al1d vas1l't _ it a big 01le-01lly the size of tIle on "big > < store saved the crowds from ' blockadillg , the street Come lligllt-al1 day-att veek-for the THE ENTIRE , NEW YORI STORE STOCK AT 33 CENTS ON THE DOLLAR _ : , " doll ar Evcrythltllt from file Millinery Buy a Suit Men's UnderwearSILKS FROM ! : fZ New York Store We son ' a Bell It-we will give It away v. All the New , York Slorc's nee Trimmed 1 on mayor tvlll go t nnnthor such 1 I CAl "fleR 111011 ' B heavy wJoll'n ! 1111 - L > @ 3 3 G II ts-the lnUest , european , : p-o.luctlolls. : Cll1\lICO to get ono for ulmost tlm'wl'nr , worth COc ; nlid Tc , go THE NEW brought 90 In's . . . 7 { j TilE go tomorrow at ) . . . ago . . . . . . worth . . . . . . . . . I'R.lly . . . . . . . . . $10.00. . . . . . .92,99 nothlni- : nt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :5C i ON All their exquisitely Trimmed : tats thAt All the Now York Store Clothing - _ , ' , . . . . YO Q IC S TOR E DOLLA" they eokl t up 10 $ G. ( ) ) gd ' In At this sine fr.I.U Is Oil one table find ut ono pl ' Ica- \ HI cases inert N hens y nil wool 1 UII A ( . ' , l " V" The New York Stotc' Illle.t Trimmed Ilnte Como and ono what that price is- t1crWl'nr , worth Sate nllli $1.00 , get 10. . Ufj I worth up to $100. : ; bunched In . let "t. . . . . . . . . . . . . " ' ' ' Low Irlcc for lIIrh-Ctnss Sillls I 1 t - , l . ' n. aL,31.49 Our New Goods Itt . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . l"'c ; Now Is the Time to Buy Saks J7 o ' . . . New York Stole have arrived and wo have today There are 40 cases or fine wool l - . , r . . jJj' e the largest stock of clothIng for tTntll'rwt'llr that has been sold for Crystal Silks 211I1cl\ \ ( wide , , r ; ) LI J D Millinery nibil and boys in this clty-somo $1. O , 42.00 : ! null $ :1.00 : , go nl regular $1 goods , 111 all the 690 New York I I ] 1f @ suits tot men fie low a9 , . . . . . . . . . . . . . . . . . . . . . . i5c ntld $1.00 light anti tlnrlt colors , only. ; 330 $5 00 DI'oCl\\lcd 'l'QIToltn Silks , for Store ontlioVollnr - Men s s Collars fUIlOY t wnlsts , 50 t11tTorollt 69c (8 ( that Clothing houses soil patterns , $1 gooLls , fOI' . . . , . . . lJ 0 { you C LUAUS { 3 3c0 1IrDo i I , I , AR , 11- at $10. and Cuffs- $1.2. VI'h'ottl ) quality , III nil Colored the lending Silk 1 t ! I , l/-l/ SOO lIoen mien ' g Cellars , worth We , colors , a bargain / at . . . . . . . 75c . ; ® ? New York Store go 1\1. . . . . . . . . . . . . . . . . . . . . . . . . . . 2Y-.c In , s The New York Store - IInmisolllo J'ntlorns ' F\lIC l } IISnik NoYOI.k on . = . / New York - Clothing 1,200 lIocu UIl'U'Nt.ply ] , In n Gul- Sllkt ! for \\'al i , Now 850 Purchase Store has that soh ] at Kt nod „ It , stOl'O prlco I $ L.5 : : m i :0 ut. . . . . . 33C molt' go at , , , , , , , , , , , , , , , , , , , , , 5c Yard \Tido Ilayndcre Dross Of Cloaks , Capes , SuitsWrapDress , - , p on the dollar , . Silk In ; ' l\ckfOl'm. . Dress Goods " ' , Ul1tI' : \ { , dozen 1 : .W loch ply Linen CuB's , „ _ - . . . . . . er prleo i.o I , now.- . . , . . 980 and all kinds of made-up / worth eCgo n ) . . . . . . . . .12'e per the Dollar Kayo 'ou soon our nmb'nlli . 33C on e ( you for ladles and child- 1 - , cent I\5sQt'tmont of now garments N etiv York More al.yllsh Plllltl SIks : : : ; ( 1It. . . . . . . 98c the line of Dress I In . It Includes everything ten , added 1 to our already I im- Goods , Henrlettas , Sets es , I'lald1. Novelties New York Furnlshin Chamolo n 'ralTotta ' Sills for " i s flluey wnlstil , the Intost out , manse stock , enables us toeverything. . Store 33o regular $ l.2. ) goods : , ut . . . . 98c . . . . ' oatbo ooilar \Ve carry 'tho largest Msortmont of I absolutely ] defy competition. An regular all wool price 39c Imported , 98c , 59c. Challis now. , . 121e LInens Sheetlngs ' / silks In this country , and name the I ' lowest prices lit all tlmcs. - An all wool Novelty Suiting. In 1ge 33c on the Dollar \ 11 checks. mixtures And plaids. . . e t f , Thp ! : New York < Store sold n. 4P1'3 all wool Serge , 3G-Inch. nil . f . New York Store ' \ Jacket at 2.70 , our pr I cc. . . . . . y An colors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1ge Table Linens New York 0 ! The Jacket Nosy at York t.25. . our Store prlco. -old . . . . a . $ 2.9 An all all colors. wool . . extra . . . . . . . . heavy . . . . . . . . . Serge . . . . . . . 2 trtj Bleached Unbleached Damask Damask . :00. 1211c 40 ; . 50o 15c. . CIa ' 2Oc. and. Yc . . . . . 350 . . . GOo 750 Store : S-lk S ' Turkey ned Damask . 1c. 190 And. . . . . . . . . . 1 The ! New York Store solll a14 . 4 fj - A lot of 4o-Inch Novelties I , all 89 e Napkins dozen ( , ' ) . . e. . . . . . " . . " . . " . . " . 250 D LJ Jacket at $6,50. our price. . . . . . "rP " ' wool , elegant styles . . . . . . . . . . . . . f ,1)1' 76c 90c . . Domestics I Extra good quality dozen.$1.I ( ) . 12.00 , . A lot of 4o-Inch Novelties 20 (1 17.lnch twilled Linen Crah. . . . . . . . . . . . . . . . . . . . . 40 G'o make the story , Cassimere short we different styles to select from. . 4VC IS-Inch twilled Linen Crash , , , , , , , , , , , , , , , , , , , , , 6c 338 on the Dollar will I'ell a heaVYb ass merto .no , . - . 19 - Inch breached , and unbleached Crash . , . . . . 21a ' Ca In brown pata7 - 0 terns Double , worth Cape. $150 $ . at. . . . . . pa . . . . . $ . . . . 9 0 A lot of Fan . : y Silk and Wool 7 e Ileds n rends . 450 . We. 651' . 690 and . . . . . . . . . . . . . 90e . I I MIxtures , beautiful patterns . . Chenlllo Table Covers , 4.4 and 6.4 . 490 and . 80 : ; New York Store ' An : elegant Beaver Cape , In ' Towels each . 5c ( ; . lOe , 12.c. ! . 15c , Uo and250 : ; Fancy New York emooth Inch hands or rough of ntitched flnish l.s with , A silk ) ot and of 52-inch wool Novellles all wopl , . . . , and . , . . 9Be Printed Plisse Cloth , for Store I worth $8.50 , at . . . . . . . . . . . . eatln,49 . . . . . . " Sheeting Sale pretty house . . 2c 45 - Inch unbleached Sheeting , . . . . . . . . . . . . . . . . . . 80 WraPPer5. : A fine Fur Cape 30 Inches by Black GoodsI.llIch ( unbleached Sheeting. . . . . . . . . . . . . . . . . . . . lOe ' Carpets 100 sweep , silk serge lining Q 8. 4 unbleached . . . . . . . . . . . . . . . . . . Medium colors In . 'good' quality eal'co ! at 3 3 3c . 9r Sheeting . . , . . . , . usuallY sold at $12.riO. al. . . . . . y ' ) . 9-4 ullblenohetl Sheeting . . . . . . . . . . . . . . . . . . . . . . . 140 11e only ( Yard ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C w l ' C A lot of all wool Novelties 40. . 8 ge 10-4 unblenclied Sheetin . . . . . . . . . . . . . . . . . . . . . . . . 150' 33c on the Dollar - Inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' : A handsome Alltraknn Cape 4. Inch bleached Sheeting. . . . . . . . . . . . . . . . . . . . . . . 70 Largo lot of Dreis Gl > bghams . In ark _ _ _ Paine size and lining that Q9 90 An all wool Serge ( Imported ) , 8ge t5.lnch bleached . , . , , , . . . . , effects , worth 12)RC at Now York . would be cheap at $15.00 , at. . ¶ p' regular 750 quality . . . . . . . . . . . . . . . 60 - Inch blenched Shoetln& Sheeting : : : : : : : : : : : : : : : : : : : : : : : : 1\0 80 Store now..a.4 yao Ingrains , nrussclls , All A lot of Black Novelties , hand- G-t bleached . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ' Axmlllslers , ' ' Chlldrcn's Gretchen Coats , . some patterns. . . . . . . . . . . . . . hand4ge . . . . . 8. . hll.enched Sheeting. . . . . . . . . . . . . . . . . . . . . , . . . . . . 13a 0 In fact everything that to New York 011 , Cclmm . . . . . .Ql o . 104 leached Sheetln& . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 easel plaids and slrljmes extra quality hoes llluko . . . . . . . . . . . U ' commencing I at . . . y - A 5O-Inch ! Diagonal and Fancy Lonrd 'O ' Mu.lln. . . . . . & . . . . . . . . . . . . . . „ . . . . . . . . . . . . . . 160 70 sale pr.ce. ' . . . . . . : J . : . . . . . . . . . . . . . . . . . . . . .5 [ j ½ c UI ) a nice , fresh I , well ] 1 nssortctl C u r- Ue Fruit Loom. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . ; Mohairs . . . . . . . . . . . . . . . . . . . . L CantonLoom. 70 pet stock . I ' Canton Flannel. . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . Will be sold . Ladles Dresses for . s ' street ' 0 tl wear 314c New I'rlntrd Sate . . . . . . . Il.'l they Store the . 1rn : \ „ 0 Satoens for fall. . . . . . . 8Y.Jc , . leY Goods 'We have 10 suit any JlUrso but Sh inmg . sc ana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8e . . rot } time bought t , ore 00 S our hummer during fair , veek It will pay you to examine and take ad- The best for. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . 100 I ' . . uOUJ. : ; I\t 33c on the dollar . I , nL / ? ' , . week 9 A line of Plisse . Shrewtl " . q during cloth , " fancy In $ Ticking al nil . Printed ) " ' , ' " DK Prospective 1 . . U prices according to and 0 boyars o fa II wort t. ' . & Quality " will one really wor $1. "uv a. 7' vantage ot these bargains , w rec- - _ width light colors worth , 7e , at. . . . . . . . . . . . . 3c ognlze their ol'portulty ' and hay here 33c 011 the dollar dollar , ' . . . . . - . . . _ . . . - - - . 1 IC 1 , HAYUtN s No Other SuchPrices : _ ; in Town. , . . NEW BOARD GOES IN ( Continued from First Page. ) 1\ \ provide for the appointment of a police matron In cities allli to repelll any law Inconsistent - f consistent therewith : ' That the act of 1895 - conflicts with those provisions Is obvious , and since It embraces the entire subject " matter of the sections mentioned , operated as a repeal thereof by Implication. Brome vs Cumlng County 31 Nub , ,362. State vs Ilenton 33 Neb. , 823. DOES NOT VIOLATg THE CONSTITU- TION It Is argued that the act under cl1sldera- tlon violates the constitution of this slate and the constitution of the United Slates by making party allillatlon a qualification for olllce. . The particular provision of the act as- sailed Is the following : "The said appointIng - Ing board shall within thirty dAYS from and . after the passage of the act appoint as the commissioners above named tree citizens at least one from the Iwo political parties casting the largest number of votes for governor \ - crnor nt the last preceding general clectlon. One of these shall be designated In said np- 110lntmenl to serve until December 31 , 189 ; ; . the second until Dccember 31. 1896 , and the third until December 31. 1897. " The constitutional restrictions above referred - ferred to are section 3 of our bill of rights , vlz : "No person shall bo deprived of life liberty or property without due process of law , " . antI section 15. article 111. , as follows : "Tho legislature shall nOl pass local or special laws granting to any corporation - poration association or Individual any special - cial or cxclllsivo privilege Immunity or franchise whatever ' Also section 1 of the fourteenth amendment to the constitution of the United States , vlz : "No state shall make or enforce any law which shall abridge the privileges or Immunities ot citIzens - zoos of the United States , nor shall any State deprive any person ot life liberty or property without due process of law. " The question here presented was considered In the State vs eeavey 2'J Neb. 45t. and the state V9 Smith , 33 ; ; Neb. 13. and determined adverselY to the foregoing contention \Ve have however , on account of the importance of the subject , concluded to briefly re'l'xam- the It In the light of authority. or the cases cited by counsel tar the old \ board Attorney General vs Detroit 63 Mich. 213 , cannot bo regarded as authority In vIew of the express restriction of the constitution of that state which , after prescribing the form of oath to be taken by publIc olllcers , concludes as follows : "And no other oath , declaration or test shall be required as a qcallOratlon for any olllco or public trust. " while the only provision of our constitution upon the subject Is that found In section ) 4 of the bill of rights vlz : "No religIous j test shall be required as a quallllcntlon for a nU ofllce " The city of Evansville vs The State , 1181nd . 426 , appears to be In point but that case It not indeed overruled Is opposed to the doctrine stated In the subesquenl case ot Hove vs The State 119 Ind 386. In which Elllotl C. J. urea the language \ : "It Is within the authority of the I"glslature 1 by virtue of Its general power to require that the olllcers of this class shall bo selected - lectell from the different political parties or that they shall be persons of peculiar skill and experience " TWO CLASSES OF CASES. opposed to the contention of counsel are two classes of cases of which the first ahd mor'l numerous assert without yuaBil- cation the power of the legislature In the absence of express constitutional restriction to prescribe particular qualifications for holding oll1co such ns political anlliation Other cases regard like provisions as dl- * tory , or . more accuratelY speaking , advisory - visory merely , and binding upon the appointing - pointing power only within the limits ot the comity existing between different depart- menta of govl'rnment. Of the first class may be mentioned the following cases : 1Iovoy vs The State supra : State vs Finger ( Ohio ) , 2C N. E. Ufp. 135 : Rogers vs lluffalo 123 N. Y. 173 : People vs Hortman , 116 111. 687 ; Patterson vs 1Iarlo'll" " . GO ( j ( .a'a . St. 61. Among those which regard the provisions under consideration as u ul\\'lsor \ merely may bo cited the following : In re Supervisors 43 Fed. tu7 1 : ; State vs Bea"e , sU1rai und opinion - Ion of Cooley J. In People Y8 } Iurlbul 21 Mich. U. It Is unnecessary to pursue the subject by 4 examining the merits of Its views thus ' stated IUI both are adverse to the contention . tlon of counsel ant are. It Is believed , alike , harmonious with the letter and slllrit of our crnstttution. \Ve observe In recent legislation , stale x and national numerous acts of this charac- , tel' . and which have except III the instance cited been respected by both executive anti . . . . . jUdlrlal departments 0 f the government A it ' . tGmlllur illustration Is the prevision of the . revised statutes of the United Stales for ; , . juries drawn by commissioners of different parties Another ts the low In force for k : s'any years for the appointment by the . circuit court of supervisors of elections In certain cases These statutes although fre . . QUently before the courts for construction , - , have never within our knowledge been assailed - sailed alt unconstllutlonal. hut a case directly In point , which hu c , p _ parenti been overlooked by counsel for both parties , Is the appointment by us of the present supreme court commission un- der the act of 1893. , That act It will be noticed provides that no two of the three commIssioners therein authorized shall be members of the same political party. Every phase of the Question was examined by the court as then organized . and although a dcubt was expressed as to the right of the .Ieglslature to control the discretion ot the appointing power , we agreed that the pro vision \ v slon mentioned was at least directory-a courteous request of the lawmaking power to which full respect was accorded In the selection of our esteemed associates ot the commission. The act last referred to havIng - Ing been subsequently assailed for the rea- sons now urged among others was after full consideration held not to conflict with the constitution of the state It Is thus apparent - parent thai the contention or counsel 'Is without merit being opposed both by reason and the pronounced weight of authority. ACT NOT INCONSISTEWr. It Is said that the act Is InconsIstent and Incapable i ot execution by reason of the Ilrovlslon therein for the appointment of the Board of Fire and Police Commissioners within thirty days from and after Its passage to-wit. April 3. 1895. whereas Itald act did nol take effect until \ three calendar months after the adjournment or the legis- lature for that session ( See section 24 . ar- tlolo III. . ot the constitution. . ) To one familiar - miliar with legislative methods In this state the apparent Inconsistency suggests its own t"planatlon , vlz : That the bill as originally introduced contained an emergency clause providing that It should take effect upon Its p lisago and which was sUbsequently ellm- mated without amending the other pro- visions thereof so as to conform to Its al- toed condition. It Is evident that by the expression "withIn thirty days from and after the passage ot this act , " Is meant thirty days from the time when saId act took effect as a law. Where a. statute Is ambiguous the courts , following established rules of construction adopt that Interpretation which will best promote Its general object. In Harllln vs The People supra It Is said : "In the absence of an emergency clause In view of the constitutional provision sion the expression 'aCter the passage of this acl' a9 used In the law can have but one meanlnr , namely , after the law goes Into effect : And with the view thus expressed - pressed wo are entirely satisfied. Finally It appears from the record that the governor , for reasons to him appe"rlng 9ulllclent. but whIch need not bo discussed In this connection declined to take any nc- tlon whatever under the act above men- tioned , and althougk notified of the meet- Ins called by the other members of the appointing - pointing board refused to attend or In any manner participate \ In the selection of ' lire and police commIssioners. It Is argued thai the concurrent action of , the three state otllcers named In the act Is essential to a valid appointment thereunder hence the selection of the new board at such meeting In the absence of the governor Is without authority and void Dut to that proposition we cannot give assent. On the contrary It Is clear that the presence and participation ot the governor was not Indispensable , ho having been notified of the meeting and requested to aUenll. The action of the ma- jority Is , under the circumstances , the ac- tion of the board and equally banding as If all hall attended and expressly assented thereto. The reason upon which that doctrine rests Is that public Interests shall not be preju- diced by the neglect or caprice of a single member of a public body In talllnl or refus- I Inar to attend upon sufficient notice of Its I mcetlngs. lint where the law expressly , requtrt the concurrent action or all the members of a board or body all must par ticipate therein although that rule has no application to the act under consideration which does not expressly by implication expressly\ require the action of all \ I the members of the appointing board \Ve must not from what 19 here saId , be understood notl ( ndulg- Ing In any criticism upon the act of the governor whQso motives In refusing to cooperate - operate with the other members of the appointing - pointing board are not Impugned In this proceeding. It follows however from wllllt has been said that the respondents Droatch VRllllervoort and Foster are the legally appointed members of the Board of Fire and Police Commissioners and as such are entitled to the possession and emoluments of the olllces In controversy HEJOICl\'U : AMONG : 1'IIP. DEH\'lSIIE8. Chief of Police While and the New Men n..hRraed . , News of the decision of the supreme court of , Nebraska sustaining the Churchlll-Rus. ' sell Board of Fire and Police Commissioners reached Omaha a few minutes after 0 ! I o'clock yesterday morning The A. P. A. leaders , who were on the Inside , hall the informs- lion the nlllhl before and the dervishes hid alft'l.dy commenced their Jubilations. With In an hour after the receipt of the official information . formation of the decision of the court there wu a rush for the city hili. All of the dla- charged pollcemeq and the dervish gang that had haunted the city hall corridors since August 1 were on hand al 10 o'clock , when the members of the new board met In the committee room of the city council and be- gan their plans for taking possession of the places they had long sought. The members of the board went Into executive session and called In the applicants singly and gave them their Instr ctlons. Members of the new board thought they would have to walt until they received official notice of the court's decision before they would be given possession ! of the books and records of the departments. In this they were mistaken Mayor Bemis and Messrs. Drown and Deaver of the old board met In the ma'or's office at 11 o'clock and after a short consultation decided to yield possession without waLtln $ for the official action of the court They accordingly placed the books and records In proper shape and then sent the following communication to the new board : "Honorables W. J. Droatch Paul Vander- voorl and A. C. Foster Members of the Board of Fire and Police Commlssloners- Gentlemen : It having been decided by the supreme court that you are the legally appointed - pointed ! lire and police board of the city of Omaha , end as such are entitled to the pos- session of the offices of saId board I have the honor , to transmit to you herewith , by direction - tton of the old board the keys to such offices. All the records and papers relating to the fire and police board'are to bo found In theIr proper places In said offices " This communIcation was sIgned by the members of the old board and Its receipt was the signal of a rush by the new board and Its satellites to the rooms In the building originally set apart for the use of the Fire and Police Commission Then the commis- sioners got down to business on short notice and gave official announcement to the plans that had been formulated In the sessions of the board during the past month AI Sigwart H. P. Haze and Al Debout were taken Into the private rooms of the board and given Instructions - structtons In making up the official lists of the members selected for the police department - ment under the plan of reorganization de- eldCl ! upon by Droatch and Vandervoort. The result of this plan was made public In the following official order : GENERAL ORDER NO. I. Under the provisIons of the act entitled "An act entitled an act to amend section 145 of an act entitled an act Incorporating metropolitan cities " etc. , the undersigned were appointed members of the new board of Fire and Poll co commissioners ; their right to the office was contested by the old board and the case was carried by stipulation 10 the supreme court of the state of Nebraska. The supreme court has this day handed down Its opln'on ' and sustains the now board In every contested poInt. The undersigned therefore assume control of the Fire and Police departments ot this city and will bo respected and obeyed ac . cordlngly. The following named officers are hereby dropped from the rolls of the police depart. mont , for the following reasons : Uefusal t to report to the board : conspIring to disobey tile law and Incite riot and disturbance : using their positions U officers and- members of the police service against U Interests Of the people and to the detriment ot discipline and good order Martin White , chief : M. Wha len , sergeant : Thomas J. Ormsby , sergeant U. C. Cook sergeant ; D. D. Davis special officer ; Fred Green , mounted patrolman ; n. Caramello , S. E. COllens , James Cravens J. U. Cusick M. II . Gentleman , James Gorman , J. H. GIbbons , A. A. Keysor V. D. Lllloy , M. D. McMahon , Harrr McCalley , F. P. blur phy , rank Percy , John Starkey , Pat 101. Tobin I' . U. McLarran patrolmen ; Ge-orge Blake acting driver ; Joseph Uenegen , acting operator : O. A. limes operator. , The following appointments are hereby ! made and the appointees will qualify and re- port at once for duty : Henry 1' . line , ca p' lain of police : \V. W. Cox , sergeant and chief of detectives ; A. A. Debout sergeant ; S. D. Cory sergeant : D. \V. her , sergeant , William H. Sheep special officer ; U. A. Wilbur , , ! mounted patrolman ; S. D. Osborn . driver patrol wagon : John Hathaway , A. S. Romano , operators : E. M. Arnold George Barnes AIL . U. Burr M. Dollard S. E. Jo'lsk , II. M. Flint Louis Godola A. I. . Jackman James Il . Kirk John Leary , Jo' D. Mitchell , George Prescott \V. n. Story Charles G. Bloom N. V. Hllter , Samuel G. UOIr , patrolmen. Captain A. T. Sigwarl II hereby appointed , until further orders acting chief of police , and will be obeyed as such In assuming control of the fire and pellce departments ! It la the Intention of the Boar of Fire and Police Commissioners that the ' affairs of these department shall be conducted - I ducted upon nonpartisan and nonsEctarian grounds Il Je the duty ot every officer to dIscharge the duties devolving upon hIm impartially . partially and with discretion , and ho should ever remember that he Is a pUblic servant , and that 811 a part of the executive depart- ment ! ! of the city government : It Is his duly to see that the laws of the state and the ordinances ot the city ore respected and oboyed. The rules governing the police and fire departments - partments to this date will continue In force until further ordent. W. J. DROATCU , Chairman , A. C. FOSTER PAUL VANDERVOORT Secretary. A COUPLE OF LETTERS. With this official announcement . the dervish hearts were gladdeQed > ? , and there was a rush for their uniforms and the new acting chief of police was besieged with queries 'as ' to whether the men would go to work at once , or walt until the day men went elY duty In the evening. They were finally persuaded to wall a few hours. Acting Captain Sigwart was called In and glvc.n an official notice to Chief of Toffee ! : While notifying him that ho had been dis- missed from hs : position The chief roe ceived the notification and soon after sent the new board the following letter : OMAHA , Sept 17.Ilon.V. . J. Droatchl : Chairman-Dear Sir : I have just received ! the following notice : "General Order No 1.- ' . The following named officers are hereby dropped from tile rolls or the police department : Martin J. White chic of pOlice : . . . . . " 'V. J. BROATCH , Chairman " I beg to call the attention of the honor- able Board of Fire and Police Commissioners - ers to the terms of my contract with the city of Omaha , which provides for my ap- polntmont as chief of police of the city of Omaha Neb. . at the full salary authorized by law for services as such chief for the term of two years from the date ot the coltjmcncement of my services June 28. 1895. Having complied with all the terms of my contract and having also faithfully performed all the duties pertaining to the ounce to which I walt thus appointed , I respectfully - apectfully submit to your honorable board that both by virtue of my contract and tinder - der the laws applicable to the situation I have grounds for a protest against the pro posed action of your board and respect fully Insist that I be recognized and con- tinued ns the chIef of police of the city of Omaha , the same as I have been heretofore. In View of what I have already wrItten you It Is unnecessary for me to add that I fully recognize under tile recent decision of our supreme 'court the authority and jurisdiction ( of your honorable ' boar and shall hereafter rendorl cheerful and prompt compliance with , all orders and requests made by It , In thedIgcjiarge or Its functions and duties. Very''respe'tully yours MARTIN J. WHITE Chief or 1'o11ce. . The communicalQn ( ; was ' , received by the new board and placed 'on lIIe. Mr. Droalch remarked that Wlltlf ! had been dismissed once and there w'\"l/o : occasion for taking I further action 11tl ' matter and that ' that ended it . Chief IWlllto explained that ire had a contradtllth the city for two I ' years and Intended qe take the proper steps ' to protect his ownr:1l1terests In the matter. IlEADitlr ! ; ' T FELL. But the board wall'nbt through yet There were some speclal"lIolicemen appointed by the old board a few days ago for duly during - Ing fair week They were decapItated. Their names are as fOllow"l John Neustrom , Alex. ander Severnie 101. Troy , J. C. Donahue Tim Griffin , John Fahey 1' . Barry Phillip Smith , M. W. Cusick Andy Lawler , M. Dollard 1' . O. Jennings , lit . Flynn T. D. Doyle Thomas O'Connor , James Hannafan Thomas Fergu son Joe Kelley W. J. Cusick , Grant Uagor , Martin Shields , E. Rlesi The following were appointed special police men during fair week : George E. 1Y/ttmn / Henry Wesonburg , W M. McGrath Noah Thomas S. L. Morris George Pickrel Anton Inda , \ Y. U. Adams , E. A. Cuslofson U. H. Watts , W. A. King J. M. Talbott W. G. Price , John L. Wills , Toney Vltoush , O. G. Coon , George S. Neck That ended the business of the board , but the entire afternoon Will taken up In recaiving the congratulations ot the dervish contingent Of the city , Judge Scott came early and held a conference with the memo hers In their private room. lie was followed by Hen Baker and Mael..eod and Unitt and Van Lady , Jaley , Strylter , Prof Allen , Dicky Smith J. O. Yeiser , Virgil Ovid Strickler , and all the gang down to Frank Durmu and Van Alstine. It was after Ii . o'clock when the board : finally adjourned. . Late In ! n the afternoon Captain Mostyn sent his resignation to the board , requesting to be relieved from duty. This request was placed \ on file. I . JVUG3IE\1' : GIN A ( AI\'s'r : NEW . Sequel to the 1)enucralie Election Conte..t . In 'V'omln- . CHEYENNE Wyo. , Sept. 17.-Speclal ( Tel- egram.-In ) the dIstrict court here today a verdict was rendered agatnat Albert L. Now , ex-chairman of the Wyoming slate demo- cratlo committee and now collector of internal - ternal revenue for the district of Colorado for $400 , the amount of a claim sued for by A. C. Campbell , a prominent democratic lawyer ' Campbell's case was that he had born engaged by New as attorney In the legislative contest cases following the Wyo- ming elections In 189 : ! , Now contrActing to pay for these services from funds to be advanced - vanced by the national democratic commit- tee. New paid part of CampbeU's bill , but refused to pay time balance wh3n Campbell opposed his candidacy for the United States senate. Campbell charged New with having received $6,000 for carrYing on the contests and with hiving misused these funds. New did not appear In ! court but answered through his counsel to the effect that he had kept no books durIng the time ot the con- tests : that he could nol remember how much money ho had received : that he had 110 account - count of what he had expended bIll had expendEd all he receh'ed. Judgment for the full amout of Campbell's claim was renderea Iletnlls . or TI'IIlc lthlrl1cr In Wyoming CHEYENNE Wyo. , Sept. I7.-Speclal.- ( ) Details received here of the triple tragedy al Sheridan show the murder of Robinson and Linville by Walsh to have been an unpro- voked assassination The murderer , J. J. Walsh , lived In a little cabin by himself about three-fourths of a mile from UeblnOn's house Ho has worked for Mr. Hoblnson morn or less thIs summer and was helping his threshers tile day before the murder. About 6 o'clock on Friday morning Robinson . son went down to Walsh's cabin to see him about repairing a wagon. J. L. Wilson who was working for Robinson say him plainly as be reached \"alah's cabin door The next moment he saw the door open and Walsh come out , and also heard the report of a gun He saw Robinson turn around and start toward home when Walsh followed him up and fired at him from behind , Robinson falling . ing to the ground Mr. Wilson at once told Mrs. Robinson that her husband had been shot anti at once started for the scene In the meantime Walsh came out to where his horse was picketed near where Robinson tell . reloaded his gun mounted his horse and started up the river In the direction of Works' place. When Wilson reached the Walsh cabin he found Robinson dead Walsh rode directly to the ranch of Mr J. M. Works about a mile up the river On his arrIval there he met Thompson Wood and inquired - quired for the "old man " Mr. Works heard him and came out and spoke 10 him. After a little talk Walsh started out , passed the stable and after he had got out of sight they heard the report of a gun. They thought nothing particularly wrong but supposed he had shot at a chicken. Miss Linville. 'who was at the nouso . heard the report and started out and was the first to discover that her brother , Herbert had been shot and was just breathing his last. LlnvUlo was shot In the left breast and also In the left hand which he had probably thrown up to guard himself Judging from the blood trail he must have gone about tell yards be- fore he fell. The murderer used a shotgun loaded with heavy duck shot. Every one was 10 excited that the way the murderer went was not noticed , but his horse Will found at Mr. Hardy's place on Big Goose creek where he had dismounted and gone Into the brush along the creek and where he was subse- quently driven out and killed by Sheriff Mol'- row's posse The Incentive of Walsh to commit - mit the double murder Is almost beyond con- jecture. He was about 60 years of age and has lived In the vIcinity of Sheridan for several - eral YEars. Ito seemed to be a crank on religion ligion and had told people that at one time he was an Inmate of an asylum In Iowa lie was taU and angular , wore " long hair and a long grizzly eard. Tile day preceding the murder Walsh Will working with some threshers and was on the straw stack with Llnvlllo and others lie disagreed with them In regard to hauling the straw and referred the matter to Robinson who was hauling grain , but Robinson paid no attention to his complaints This ! Is the only known cause for his committing the rnurdors Mr. Uobln- son . who wa quite an old man was one of the earliest settlers of Sheridan county. Ho was a weU-to.do , prosperous farmer and an upright , bonest - cltlzen. Mr. Linville was a young man of about 22 , highly respected by all who knew hini Aged "L.t""lIn Passes . A1TRT' CIiEI'ENNE Wyo. , Sept 11.-Speclal.- ( ) William Dolan one of the oldest settlers of Laramie county , died tit his ranch near Eg- bert Saturday and was buried here Sunday , the funeral beIng under the auspices of Uey- nolds post Grand Army of the Republic Mr. Dolan served during the war I1S II marine In the United Stoles navy He was given 0 i medal by his superior officers for meritorious conduct In one of tile important naval con filctl. . News . for Ito Army . ASIIINO'rON , Sept 11.-Speclal ( Tele- gram.-Captaln ) William H. BIxby , engineer corps , will take station at Philadelphia and relieve Major Charles ' \Y. Raymond as engineer - gineer of the Fourth light house district Major Henry W. Adams engineer corps will relieve First Lieutenant William E. Craig- lull WI engineer of the Third light house Ills- trlcl. trlcl.Leaves Leaves of absence granted : First Lieutenant - tenant William 1' . Slone Fourth artillery , fifteen days extended : First Lieutenant Samuel - uelV. . Dunnun\ \ , Sixteanth infantry len days extended : Second Lieutenant John M. Morgan , EIghth cavalry three months ; Sec- ondLleutenant John K Miller EIghth infantry - fanlry , one month and fifteen days. One Strike' llccomhl'S'rlt'UH. . STEUDENVILIE , 0. , Sept 17.-The strike at lunge Junction Is getting serIous and trouble Is expected If the new men continue at work. Last night between midnight and 2 o'clock a crowd of mill workers and several strikers vlslhd the men . who had gone 10 their houses and gave them notice lo desist and this morning three men failed to return to work. The strikers have persuaded several teen who have come from other places lo leave - - HAYDENs II - AI'I'ING FOIL " TilE Al'l'OIX'I'IC TIM ) E1'L'rTthlnlt In n..lIllh" . . nt OhRltn nOOIII , hH'luoIh,1t the Crowds > > . CHATTANOOGA , Tenn , Sept , 17.-E 'ery- thing Is In readiness for the dedication of Chickamauga battlefield as a national park. The big grandstand : sand the big tent thnt I , for years did service for Darnum are up and the national commissioners are now resting on their oars , waiting for the men who will take part In the t'xerclses. Tim crowd I. far larger than the cllizens of tills city has ex- pected. They put the limit at 30.000 slrong. ers , and already more than that number are here , and every hour special trains are comIng - lag In , adding thousands to the crowd Governor Matthews of Indiana and Com- mantler.ln-hlef ( of the Grand Army of the i Republic I. N. Walker with their staffs and n number of friends came 11\ this morning on a special traIn of six Wagner eoaohl'S. Vice l'resldent Stevenson nail a party of ' friends Is expected on a special train at 8 o'clock thIs evening. Among the distinguished arrivals are General J. C. Kirk of Kansas , General J. B. Morgan of Quincy ex Governor Campbell of Ohio , General John Beatty General - oral C. II. Grosvenor , General Aqullla Wiley , , and Captain J. C. Mcrtrny all of Ohio : Colonel - I onel William Vance Captain Peter 1Iand and I Dr. H. 11. Brewer and Major E. J. Blodgett of Chicago Governor Morton and hIs staff arc expected tomorrow morning. The senatorial and congressional - gressional parties will arrive on a special train tomorrow mornln General Absolom I lIayarll and General J. J. lleynoldll of \Vl1sh- I Inglon and a party of friends came In today. I . - - - - NleRrlulJun'H independence DI\ , . . MANAGUA , Srpt. 16-Vla ( Galveston.- ) The sevenly-second anniversary of NIca- ragua's independence was celebrated yester- day by numerous parades orations , fireworks , etc The minister of the treasury , Senor Cnllejas has effected a settlement of $400.- I 000 of debt Incurred by the former govern- . ment lo a. foreign company. Maximilian . I Lowenstein , an old cartographer , who was i veil known throughout this republic , was , burled today . . . .r noRNyar , l _ uscn ss „ The big Bankrupt Sale of $75,000 worth of Mett's , Boys' and Chi1dren's Fine Clotl1i11g. Mel1's Suits , from $5.00 ttp. " CONTINENTAL ' C6oTHrwa HOUSE. I L .