THE ( XMAUA DATTJY IJEK JANUARY 8 1897. I COUNCIL BLUFFS. .MINOH MHXTIO.V. Ol.irk ft Wotzcl , I. 0. 0. F. blk. , art par- lore , flood , strong boy , 1C years old , wants place on farm. Address It , Dec , Council muffs. Augusta drove will meet In regular session this afternoon at 2 o'clock In Woodmen ball. In the district court the case of Ocorgo Nc.il , guardian , against Oliver Wlllard and others was argued and submitted. The Illmctalllc league will hold a meet ing thla evening in the llrown block. After thu regular business has been transacted thcro will bo a dance. All members of Fidelity council No. ICG , Hoyal Arcanum , are requested to bo pres ent at the regular meeting this evening. Thorc will be Installation of officers and other Important business. AB ho lay unconscious hlfl friends could ncarcely dls"crn the difference In the white ness of the freshly fallen snow nnd his Im maculate shirt bosom , recently laundered at the ICaglc , 724 Ilroadway. The world renowned Flak Jubilee Singers will bo In Council muffs Tuesday evening , January 12 , at the Odd Fellows' hall. Since their organization In 1871 this aggregation of alngcrs has enjoyed a success accorded to few similar organizations. They will appear hero under the auspices of the Young Men'o Christian association , Commencing Sunday evening , January 10 , She only twin stars In the world , Wlllard and IVIIIIam Newell , will begin a three-night sng.igoment at the Dohany theater. They Kill open with their great comedy-drama , "Tho Operator , " a play full of scenic and mechanical effects. Tbo Newells will also be seen here In the "Corslcan Brothers , " and the "Clcmcnccau Case. " C. 11. Vlavl Co. , female remedy. Medical onBUltation frco Wednesdays. Health book furnished. 309 Mcrrlam block. N. Y. Plumbing company , Tel. 250. AKi.ijc nvx.iMo IIUIISTS. Peculiar Aeelilenl OeenrM In the .Motor Mile INm-er IIoiiNf. The most dangerous place In Council Bluffa ( van the dynamo room of the molor line power house for a little while yesterday morning. Ono of the big dynamos exploded and distributed parts of Itbclf all over the building and for some distance out of doom. The machine was known as dynamo No.1 , one of the big Thomson-Houston generators. It had been speeded up by the night men and was pulling Its proportion of the early morn ing trains when without any sort of warn ing that anything was wrong the commuta tor on the armature bitrstcd. The commu tater had ninety-eight sections of copper plates separated by an equal number of In sulating plates. Kadi segment weighs about a pound , and as the armature was being driven nt n tremendous speed the plates were Bcatcrcd In all directions. The engi neer had just stepped behind his engine to oil up the machine and was out of range or ho would have been killed. There were no other employes I in the room at the time. AVhen the machine was stopped It was found that the accident was duo to the breaking of a rant Iron collar that held the segments In place. No trains were delayed by the mishap. _ _ _ _ _ _ _ _ Manager Brown has qulto an attraction , nlso a novelty , In store for theater patrons of our city. Three days , comnicnclng Sun day evening , January 10 , In the Messrs. NcwcllH , Wlllard and William , the only twin star ? In the world. These gentlemen arc described as being as like "as two peas In a pod" and the playo being twin character parts , much can bo expected. The reper toire during the engagement will bo "Tho Operator , " "Corslcan Brothers , " and "Tho Clemcnceau Case , " and , produced as these gentlemen do , surrounded by an excellent cast and special scenery and mechanical ef fects. Performances of much worth will bo given. Prices for this engagement will bo 15 , 25 , 35 and CO cents. Per Rent Furnished room with board , Apply 221 South Seventh street. .Mm. V. C. lleeil 111. Mrs. F. C. Heed Is confined to her bed by a Hovero attack of lllnces. She has been suffering fdr some time , but It was not until Wednesday that her symptoms became alarming. Colonel Reed aud her friends deemed it best to remove her from her home In Manawa to this city , where she could rc- cclvo needed medical care , and ho was taken to St Bernard's hospital Wednesday evening. Her condition was- greatly Im proved last evening and her friends are en couraged In the belief that slm will soon regain her wonted health. She was ready to start for her old homo In Little Rock , Ark. , where Colonel Reed and his family have nlwajfi spent their winters since com ing here , and her husband had accompanied her to Omaha to permit her to make somu farewell calls , She was taken seriously ill while there. Ono Dollar Reward Return lost ring , liT- Itlal "T. , " to J. W. Mlnnlck. Grand hotel. A few days more remain of our great re moval sale. Dtirfco Furniture company. V I'ar.soiiH-llroM m-ll. Mr. and Mrs. C. E. Parsons have been keeping a little surprise In store for their friends for the past six months that was Silly sprung yesterday. During all that tlmo Ihey have been plain C. E. Parsons and Mrs. Mary L. Browncll. Both are employed at the offices of Deere , Wells & Co. It seems that some tlmo last July they went to Fro- niont nnd wcro quietly married. It was itrlctly their own business , and they never told any ono. It's all out now , and Mr. Parsons was receiving n shower of congratu lations last evening , which wcro all the heartier for tbo lateness. AVitter IllllN. Pay now and save C per cent. Olllco open Saturday evening , Flno livery for parties and dances. Osden Livery , 153 Broadway. Telephone 83. HrotverH * ANNiielndoii. The annual meeting of the Pottawattamlo County Grape Growers' and Shippers' asso ciation will be held In horticultural hall In the county court house at 9 o'clock Saturday morning. Officers will make their annual reports and several papers of Interest to fruit growers will bo read. The election of officers for the ensuing year will also take place. Flmplca , blotclici , blacUieadi , rod , rough , oily , niolliy fUn , Itching , tcnly ec.ilp , dry , thin , nnj fnllltiR hair , and baby blcmUlicn piru'iiU'd by Curicimx SOAP , the inot effcciUo ikln purifying - ing and beautifying oap In the \ \ arid n n ell as purest nnd gwcctcut for toilet , bath , and nursery. Ii icld throughout thvortd. PorrKB D. AifpC , Co > r * ( bole rrop * , lituton. iW"l low to lU-autlf/ * Skln//lco BLOOD JI RAllUlU DK Council Bluffs , Iowa. CAPITAL , . . . $100,000 \VI3 SOLICIT VOUIl IIUSIXKSS. IVIS DIISIIIU YOUII COLLUCTIO.XB. ONI3 OF THU OU1I2HT IAMIS I.X IOWA , 0 rim OBNT PAID ON PA.I4. AMD fCB V OB WU1TB. ROW OVER COUNTY PRINTING Morchonso & Co , Got Right After the County Board. WANT TO HAVE THEIR BID RECOGNIZED Attornr ) ' XVnilnTvnrtli ( ilvcN Xotlce ( lull He Will Curry the .Matter Into tliu CoitrtM A liny In Council Jlluir * . Another effort Is to be made to Induce the board of supervisors to let the county prlnt- Ing and bookbinding to the lowest bidder. Morchouso & Co. arc the contestants again against the Job [ Hinting establishment run In connection with the local morning publi cation. Tholrl effort made last year to force the board to recognize their bid failed from the fact that no fraud was alleged. This de ficiency , It Is now claimed , can no longer bo made use of , and the contestants Intend to make It hot for the county board aud all others concerned. The matter was brought up Wednesday nt the session of the board of supervisors. S. I ) . Wndsworth appeared for the contesting firm , and he got after the members of the board In nn energetic manner. The fact that ho was president of the board for some time made his appearance before his former uisoclatra of considerable significance. I-tat fall ho had presented the bid of Morohouso & Co. for the bookbinding. He had a con ference with the board , and It asked that the matter bo laid over until the present term. This was agreed to , and It was under stood that Morchouse & Co. and the Now Nonpareil Printing company were both to hand In bids. As they arc the only firms In the county that can handle the work , It was agreed that no bids should be advertised for. Morchoime & Co. left their bid and ex pected It to be presented at this term. When the matter came up Auditor Matthews had mislaid the figures , and another bid was handed In by Storehouse & Co. Mr. Wadsworlh stated yesterday that he had an agreement with the board that It ohould let him be heard before anything was donti In the .matter. . So ho came before the supervisors Wednesday afternoon nnd asked permission to oddrcsw them. Nothing was said to him , and he started to Introduce his subject. Ho had not gene far before President Kerncy Interrupted him by eay- Ing : "It's no tiso to waste any time on this because wo have settled It. We're busy and have other things to attend to. " "I am a citizen and a taxpayer of this county , " raid Mr. Wadsworth , "and you arc the servants of the- people , and I claim that I have a perfect right to be heard and will bo heard In this matter. You did not seem to be so busy for the past hour , though you aio being paltN$20 n day for your serv ices here. I don't see how you can serve the people any better than by devoting a few mlnutrs to reconsidering this matter and let the contiact to Morchouse & Co.j and In that way save to the taxpayers you are supposed to servo $ SSG. I've been a mem ber of this board myself , and you must give mo credit for being gamey when nee.l be. If It was necessary for me In order to get you to glvo my client a fair hearing to take you out and show you a good time and have your pic tures taken , wiy didn't you say so ? I could have done It as well as the other fellow. " During Mr. Wodsworth's address the mem bers of the board were- rather distressed , but they refused to reconsider their action and Mr. Wadsworth gave them notice that ho would bring the proceedings mentioned. Ho then continued to explain to the board that the New Nonpareil company had over charged on Its contract In printing the court docket to the extent of about $500. In the bid submitted last year Morcbousc & Co. offered to print the dockets for 70 cents a page and the Nonpareil company for 05 cents a page. Previous to last year a page was always construed to mean the ruling and printing across the entire space wherever the book was opened. The present printers of the book took that to mean two pages and consequently , Mr. Wadsworth explained what his client offered to do for $238.50 , the Now Nonpareil company had furnished to the county for 5238 each term. This was only one of the Items , said Mr. Wadsworth , that he would bring suit on against the board and the printers as overcharges on their contract prices. Mr. Wadsworth was seen yesterday about his charges against the board and ho said ho was determined to make them recognize the claims of his client and himself as a taxpayer of the county. The Injunction pro ceedings last year failed to stick because no fraud bad been alleged. This , he said would not be the case this year , as ho had pointed out to the board Its failure to do Its duty toward the citizens of the county It represented , which legally constituted a fraud. President Kerncy said last night that he and the other members were considering the matter of rescinding the contract with the Nonpareil company and thu matter was not definitely settled. The talk made by Mr. Wadsworth he acknowledged had made a decided Impression on the board and In all probability something would bo done In the matter before the board adjourned. Yesterday's session of the supervisors was taken up la settling with the county treas urer. urer.Now Now Is the time to make good resolutions , "Resolved That Davis' drug , paint and glass houiso , being the largest. It Is the best place to trade. Resolved. That If my bill Is now over ninety days' old that I will go up to Davis * and scttlo It at once. If I have to borrow the money to do so. " That's good. Fr 'o Silverware. By sending forty Domestic soap wrappers to L. Dolten & Co. , Des Molnes , la. , you will get six silver teaspoons free. Hoffmayr's fancy patent Dour makes the best and most bread. Ask your grocer for It. MOHK CLAIMS ACAIXST CASAOY. I.armS n HIM of InirtN ( Mini .Miinr > N KuuiHl ( o lie .MlhHlnvr. The extent of the shortages of J. N. Cas- ady seems to be steadily growing , and yes terday's developments showed at least two clients teat may fall to get a settlement In full from his property. Two moro at tachments wcro plastered on his property by the Grosvcnor estate and II. I ) . Knowlco. The latter aska judgment for | 1,5S3 , moneys collected by Casady while acting as agent for the plaintiff and his mother and slstera. Mr. Casady negotiated a number of real estate mortgages for the Knowles , the Interest on which was payable at his olllco. The inortgages are held by the Knowles themselves and their loss. If any , will only bo for the Interest collected. John Pugh , as executor of the Grosvcnors , will ask judgment In an attachment case- far $5,000. the amount claimed to bo duo the estate on two noted held against Cas ady. ady.F. F. M. Douglass came In from St. Paul yesterday to look up the condition of his father's property that Mr. Casady had charge of for n long time. He said lie was greatly shocked to hear of Mr. Carady'p disappear- once , as ho had done business with his father for forty years. Mr. Douglass , sr. , owns a largo amount of farm property In Pottawattamlo and surrounding counties , for which Mr. Casady acted as agent and collected the rents. How much he has In his possci-Hou Mr. Douglass Is unable to tell. Ho Intends going to eeo the tenants on the farm * during the next few days , wh'cn ho expects to bring some action against Mr. Cubady If he cannot got an accounting , Water IllllN. Pay now and save 5 per cent , Ofllco open Saturday evening , I.nliorrrx Wanted. Wo havu for sale or rent several desira ble trull , grain , vegetable nnd stock farms near Council muffs for 1S97. Day & llcao , Ituntul A cents , lly scndius forty Domcutlc soap wrappers to L. Uolton & Co. , DCS Molncs , la. , you will cot six silver teaspoon * trve. ( Continued from Second Page. ) to some extent regarding the history and condition of this Institution , as It seems nccemary that there should be an entire re vision of the law respecting Us future man agement. Under the lease system thcro have been established different In dustries at the Institution for the purpose of utilizing the labor of the convicts. These Industries have been main tained by subcontractors of the lessee and nre yet owned by them. Thcro are now In op eration n broom factory , a harness factory , a cooper establishment and an Iron foundry. The capacity of these several Industries Is' perhaps largo enough to utilize all of the labor of the convicts not required In the management of the Institution. If arrange ments could be made for the continuance- Iho work performed 1n these different es tablishments at a reasonable rate of wages for the labor of the convicts , with suitable pro visions and restrictions to fully protect the rights of the convicts and the morals and discipline , It becomes a question whether at the present time the state should attempt to employ all con victs on Its own account. It would seem advisable to Inaugurate some system looking towards the ultimate control on the part of the state of all of the labor of the con- vlctfl and that the penitentiary should bo made self-sustaining , or n nearly so as possible. Prlhons In several other states arc , as I am advised , entirely self-sustaining. In adopting a plan of conducting the peni tentiary entirely on state account , It woula ficein the better part of wisdom to begin cautiously and In a moderate way , and by careful experiment determine the best method of utilizing the labor of the convicts without unnecessary expense on the part of the state or loss occasioned by Inaugurat ing an enterprise which cannot successfully be carried out. In this Is also Involved the question of bringing Into competition-convict labor with that of frco labor. The peni tentiary should bo so conducted as to reduce to the lowest degree possible , with due re gards to the Interests of the state , all competition with free labor. I can sec no objections to the Inauguration of n system looking to the manufacture nnd production of numerous articles required in the main tenance of the different state Institutions as u means of providing employment for prison labor and making the prison self-sus taining. This plan has many warm advo cates among those who have studied the subject of prison labor. This could bo In troduced In a small way and gradually de veloped as wisdom and cxpcrlcnco woula suggest , until , perhaps , the larger portion of the Inmates can thus bo employed. This whole ( mention Is submitted to von for your consideration with the hope that a law will bo enacted providing for the state's management of the penitentiary In n manner Riirh ns to place the Institution on a higher moral plane and provide for proper utiliza tion of the labor of the convicts while In confinement. IXSAXIJ IIOSIMTAI.S AIM3 Clt\VIIOI > . Additional Aliproprln UOIIN Axlced ( o .Mr rt tile Drum lid. "Nebraska has three hospitals for the In sane , located at Lincoln , Norfolk and Hast ings , respectively. I choose to treat all of them together and In a general way. They have each been managed In a wise , careful and economical manner. The professional treatment has been of a high order and the welfare of the unfortunate wards of the state confined In these Institutions has been carefully - ' fully looked after In all respects. A visit to any one of these Institution * cannot but Impress one with the high professional skill and orderly management which characterizes It. The welfare of the Inmates Is Improved wherever possible end the utmost kindness and gentleness In caring for them prevails. A considerable caving has been made In the expenditures per capita. Some further saving can doubtless bo made , and yet I am Inclined to the view that In these Institutions the minimum expenditures in their mainte nance has-been very nearly reached. In carIng - Ing for the unfortunate Inrano It Is appar ent to the ordinary observer that the neces sary employes , as well as officers of such an Institution , are more numerous than are required In any other Institutional work. The proposition of reducing expenditures further by a reduction of salaries has been suggested to me. I submit It to you for your careful and judicious consideration , without recommendation on my part further than to say that I approve of any effort which may bo made to place all salaries and wages of employes of the eta to upon a basis of equality , as near as may bo done , with reference to the character of the work to be performed. "Tho laborer \ worthy of his hire" and all servants of the state , In what ever capacity employed , should receive fair and just compensation and their services should be the very best obtainable , honestly , faithfully and Intelligently performed. The management of each of tluae Institu tions has rnado request for appropriations to provide additional room. Each is now crowded to Its utmost capacity , and yet there are a number of Insane persons being cared fpr by the different counties of the state who could bo much better and moro economi cally treated In state hospitals. Heascnablo provisions should bo made to meet the In creasing demands upon tluw ? Institutions In the most economical manner compatible with the welfare of the unfortunates for whom such Institutions are maintained. U will bo observed that the population of the Hastings asylum and the Lincoln hospital Is much larger than the Norfolk hospital. The best results as to economy and elllclency In treatment and management can ho ob tained as the population of these Institutions 'Increases ' up to a certain limit , which , as yet , haa not been reached In any of them. In view of the fact that the Institution at Nor folk has less room than cither of the others , It scorns to mo that If the legislature nliall determine to inako appropriations for addi tional room , and It can be provided for with as llttlo cost at the Norfolk Institution as elsewhere , U would be advlsablo to en large that Institution until Its capacity bus reached 350 to100 Inmates. The sugges tions made by the superintendent of the Lin coln hospital present sonic features of economy In tha way of procuring additional room with a minimum of expense , u'lilch ' I submit to you for your careful considera tion. tion.Tho The Hastings Institution Is denominated an Asylum for the Chronic Insane , and receives Its Inmates from the other two , by transfer of Inmates after a period of time has thown that the hope of recovery Is very small. If the Intention of the lawmakers In Its establishment bo carried out to Its fullest extent It will have to have Its capacity still further Increased , although It now has the largest population of the three. Some Interested In the subject of caring for the Insane favor the placing of all three of these Institutions on an equality , that Is , making them all asylums for the Insane , without qualifying the different degrees or types of Insanity. I do not believe It would bo advlsablo to nmlto any change of this kind at this time and am Inclined to the view that the present arrangement has advantages that perhaps overcome and disadvantages of objections that might bo urged against Its continuance. The request for an appropria tion for additional buildings at the Hastings Institution U with a view , I assume , of In-1 creasing Its capacity sx > that It may be able to receive Inmates from the other two In stitutions by transfer as rapidly as It shall appear that the condition of the patients rmidcrs It advisable to place them In this Institution for permanent treatment , as con templated by the law creating It. It will bo obbcrvcd , however , that no fixed or definite rule can bo made In determining just what patient shall bo transferred. U will there fore fulfill reasonably well Its mission by receiving thcoo seemingly best adapted to transfer only so fast as vacancies occur by death or recovery , after Its maximum num ber of Inmates bad been reached. I Invite jour attention to a careful perusal of the biennial reports of the superintendents of thric three Institutions , which will glvo you much valuable Information. Slnle ImliiNtrliil ScliiiolK. lly constitutional enactment "tho legisla ture may provide by law for the establish ment of u bcliool , or schools , for the safe- kceplng , education , employment and reform of all children under the uge of 10 yeatu- who , for want of proper parental care or other cause , arc growing up In mendicancy or crime. " Under this provision the In dustrial school at Kearney , for both girls and toys , won flrut established. Afterward the legislature , In itu wisdom , very prop erly made provls'tns for tv ? ftcparatc In- ' stllullo.ii. The one at Koumy .was main- . talnrd as an Industrial school fqr boya , and ' an ther established at Geneva of the same | character for girls , The reports of the nil- pcrlntrndcnta of thceo two Institutions arc qulto complete , and show them to be In a satisfactory condition. While" ! 'ito not think there has been any extravagance In the management of either of thrie Institutions , I am of the opinion that there IB Opportunity for greater frugality than hercloforc rxcr- clscd without Interfering with the efficiency of the work or reaching the Una of demarca tion bctwcn parsimony and rigid economy. I Invite your attention to the ) Improvements suggested by the superintendents. Some of them are well worthy of yotlr careful con sideration. I nm not prepared to favor appropriations for additional buildings ai either of these Institutions. Institution fur Kcelilc .Ml ml oil Youth. The work of the Institution for feeble minded youth , located nt Ueatrlco , appears to bo In a satisfactory condition , and I know of nn suggestions for Improvements to maketo you , unless , perhaps , It Is along the line of moro rigid economy In Its management. I coincide with the views of the superin tendent respecting the advisability of mak ing further provisions for a class of citizens who are past what might bo termed the school period In an Institution of this ktna and are yet not fit subjects to bo again re turned to the county of their residence , there to strupgl" for a living and be sub jected to unfavorable comment , rendering their lives rrlserable. I nm Impressed with the view that a large number , afillcted as are thcss wards of the state , should be cared for and looked after with the same spirit of humane regard as that given to the In sane , and yet I am doubtful of the propriety of this legislature making additional appro priations sufficient to accomplish this much deelro.l . result. co.vriuu , or DIJAK , HUMII AMI iii.ixn Legislation ( o Hcineily n I'reneitt Con flict of Authority. I deslro to call the attention of the legis lature to the urgent necessity for suitable legislation making proper provisions for the control , government and maintenance of the Institution for the lllind at Nebraska City and the Institute for the Deaf and Dumb at Omaha. These two Institutions arc so nearly alike In character that I am of the opinion that each can be provided for by the passage of a single act. In the treatment of this subject , in speaking of one , I take It that the same remarks will apply as well to the other. The law at present governing the Institute for the Deaf and Dumb Is found In Chapter 22 of the Compiled Statutes of 1SD3 , while the law governing the Institution for the lllind Is found lu chapter 42 of the same statutes. The law for the govornlnB of thn Instltlllp for thi Deaf and Dnmli was pacucd In 1ST5. prior to the adoption of our present constitution , as was also the law governing the other Institution. The pres ent constitution provides that a Uoard of Public Lands and liulldlngs , consisting of the commissioner of public lands nnd buildIngs - Ings , the secretary of state , treasurer and attorney general , shall have general super vision and control of all buildings , graumln and lands of tbo state , the state prison , asylums , and all other like Institutions , cxrcept these for educational purposes. It was Intended by the original enactment of the law govern ing these Institutions that'the Institute for the Deaf and Dumb should be controlled by a board of directors , as mentioned In the original act , and the Institution for the Dllnd should be governed by * a board of trtiDtopii to be selected by ( he legislature , as therein provided. ' Under the provisions of the present con stitution these Institutions cotild no longer bo governed us originally , Intended , and In Iho case of the Institute 'for the Deaf nnd Dumb the Hoard of Public Laiids and Build ings assumed control , the governor exercis ing the authority to appoint the- managing officers. This institution has been con ducted In this manner lintll' the present tlmo. Respecting the Institution for the Blind. In an early decision of the sup.rcmij court , found In the sixth Nebraska , pa e 236. In the case of State vt\ Bacon , It was decMed that this Institution was not. an1 educatlonal Institution ( stitution within the meaning of the-section of the constitution heretofore cited and was within the control of the Board of Public Lands and Buildings. Thereafter this In stitution was under the control aud manage ment of that board , the governor appointing the managing odlccrs. In a recent decision , found In the case of Curtis vs Allen , forty-three Nebraska , 181 , the cupreme court rcversel the decision above mentioned and held that this was an educational Institution and not under the control of the Board of Public Lands and Buildings. That both of these two Institutions are educational In their alnw and objects rather than asylums or permanent abiding places for the unfortunate blind and deaf It seems to mo hardly admits of argument. The latter decision of the supreme court was in accord with the spirit and Intention of the law establishing and providing for the maintenance of these two Institutions , and If either Is found to be educational In Its character by a proper tribunal , 11 must follow as a logical sequence that the other Is likewise of the same character , the one- being for the purpose of educating the un fortunate children of the Etato who have lest the sense of sight and the other" for tho-c Who have lost the sense of hearing. ViewIng - Ing the subject In this light. anJ yet not wishing to exercise any control or su pervision that nvlght not have the approval of my fellow state officers composing the Board of Public Lands and Buildings , I re quested the attorney general for nn opinion as to whether the Institute for the Deaf and Dumb was of the same character and standing as the Institution for the Blind ; In other words , whether U was an educational Institution or an asylum , within tbo meaning of the constitutional provisions cited above. In an opinion , which will bo foi'nd In his report , the attorney general passes upon the quca tlon adversely to the position taken by myself. With all due deference to the opin ion of the attorney general , I am convinced that both of these Institution are edu cational In their character and should be troatc < : as such. This view Is held by their superintendents , and the method of the work In operation In each of them clearly demonstrates It to be correct. RESORT TO COURTS AGAIN. After the latter opinion of the supreme court respecting the legal status of the Institution for the Blind some effort was mmin > < v thn last legislature to enact a law respecting Its government , but for some reason It failed to pass both branches of the legislature. An effort was then made to fall back on the old law enacted at the time of the creation of these Institutions and elect trustees by a Joint session of the legis lature , as provided by thi ( , c/rlglnal / act. Tills section having been abrdgaieu by the adop tion of the constitution , ' , , .deemed It my duty to refuse to recognjzri these so-called trustees or any of thelr0acLj , believing the action of the legislature , , to. bo In conflict with section 10 of artlclp. 'ti of the con stitutional provision govornjjiK the appoint ment of officers created .Wi-llio constitution or by law. This resulted In another case In the supreme court , la vftich It was de cided that the position taken , by mo In this matter was correct , amlntHat the action of the legislature was In- conflict with the constitution. The Institution has since be ( in under the control of a 'superintendent ap pointed by the governor and responsible to the chief executive f profile proper dis charge of his duties. This state of affairs Tdnders the situa tion In regard to tlufiUMwo Institutions unsatisfactory. Assum.lmr , 'as I have that the Institution for the 'Ocirand ' Dumb Is , notwithstanding the action 'of the Board of Public Lands and Buildings In asumlng con trol , In exactly the same situation as the Institution far the Blind , I recommend a revision of the two chapters referred to. The revised law ehould provide for the ap pointment of a board of control or trustees , of three or flvo members , to servo for stated periods , with compensation fixed at a certain amount per diem , together with actual expenses , and not exceeding alto gether a fixed sum during any ono year. They should bo required to meet not oftcner than once In every three months far the purpose of examining Into the general con dition of these Institutions and taking such action as shall bo deemed advlaablo for their proper conduct and management. HO MICH KOIl TUB UXTOUTll.VATUS. Stale Control Advocated If tlir Htnte .MliliilnliiN Tlifin. With a view to aid In the uppre < ialon of prostitution , tbo legislature of. 1881 made provisions for the establishment of the No- bro ka Industrial home , to provide shelter , protection , employment , and means of self- support for penitent women and girls , The government was placed under the super vision of the Woman'a Associated Charltlca of Nebraska , and an appropriation of JK,000 WAR made to purchase a site nnd erect build ings. This Institution was located at Milford - ford , and has since been In operation , doubt less accomplishing great good In the direc tion Intended by Its founders. In 1SS7 the legislature saw fit to make an appropriation of $5000 to establish and provide for the erection of A Home for the Krlendlcsfl at Lincoln , Its management to bo under the supervision of the Society of the Homo for the Friendless , Hundreds of homeless children nnd aged women have been cared for at this Institution during Its existence. The similarity of these two Institutions is marked. Each originated with nn or ganized society of benevolently disposed , Christian women , who desired to benefit society by rescuing fallen \\omcn and pre- vldlng a comfortable homo for those whom unfortunate circumstances had cast help less upon the world. At each recurring session of the legisla ture liberal appropriations have been made for the maintenance of these Institutions , and at the present tlmo the state Is almost the entire support of each of them. I am In some doubt regarding the propriety of the state assuming the financial responsibility and not having equally the responsibility for the government and management of thpin. The conditions under which they arc now managed and maintained bring a sense of responsibility and primary duty upon the part of the governing officers to HIP asso ciations referred to rather than to the stato. Heretofore there has been moro or leas con tention nnd controversy respecting the au thority of the state In the management of them , though I nm pleaded to say that for the two years past the relations have been of the most pleasant and amicable character. It seems to me it Is a sound proposition , however , that the state should have the complete and absolute control nnd management of all of Its Institutions and that the officers should be responsible alone to the Ktatc for the faithful and Intelligent dlschargo of their duties. The institutions under consideration ore of a peculiar char acter , and as the women seem to be better adapted to know the needs and best meth ods of conducting them , It might be well to provide for n government by a board of women , who should bo directly responsi ble to the state for the manner In which they discharge their duties. This iilnn would serve the purposes ami fulfill the ob jects sought by their founders , and yet bring the Institutions within the complete control of the state , where , In my judgment , they properly belong. If the state Is to be held responsible In any way for their manage ment and government. CO.VritOI. OK STATU IXSTITUTIONS. Should Hi * Vi-Mti-d In Some One Ite- NiioiiNlliIe Ilenil , The Interest of the state In these public Institutions amounts to millions of dollars and there are expended annually large sums of money for their maintenance In conducting the business for which they were constructed. They should each be governed and con trolled In such n way as to bring about the ETC.itpst harmony between th ; several Insti tutions as well "as the greatest economy In their management In the Interest of the taxpayers of the state. Thstr control and management heretofore by different bodies , and as many different methods , has been productive of much need- leas expense and friction as to the policies which should obtain. This fact , I doubt not , has become quite apparent to every ex ecutive of the state of Nebraska. Governor lloyd In bis closing message to the legislature speaks of this matter as follows : "And In this connection I would further call your attention to the fact that there arc a number of state Institutions over which the authority of the executive has been by statute taken from him. In tbo case of the Industrial School for Boys at Kearney , of the Industrial School for Girls at Geneva , of the Institute for Kceble Minded at Beatrice , nnd of ono or two others , the appointing power Is vested In the Board of Public Lands and Buildings. This board Is also by the constitution given full control of all Institutions , and the executive has no check upon them whatever. This should -not be so. The governor should have tha power to appoint the superintendents and managing officials in every ono of the state Institutions , and I would recommend that this legislature EO amend this statute that the appointing power fehall bo fully restored to him. " My predecessor. Governor Crounse , like wise took occasion to express his views on this same subject In the following language ! "In the case of some of the Institutions of the state the governor appoints the su perintendents and other officers , while In others this authority Is given to the Board of Public Lands and Buildings. This Is wrong. The governor should bo charged with the appointment In all these cases , and hi should bo responsible to the people for Ills action. The respomlblllty for a bad appoint ment should not bo a divided ono and one not directly traceable or chargeable to any one person. Considerations of a political or partisan character may be opposed to a favorable acceptance of this recommenda- tlon at this time , still some legislation should not bo avoided for fear of the loss of Borne partisan advantage. It Is unfortunate that the heads of some Institutions , In cases where to fitness experience has bsen added , should bccomo the sport of political fortune , and for good reasons only should be tried and experienced officers be replaced. " ONE RESPONSIBLE HEAD. To alt that has been said by these two gentlemen on thla subject I can give my hearty approval. I am quite well convinced administration of that n more satisfactory the affalru of these various Institutions can bo secured when there Is one responsible head to whom each must be required to ac count for the faithful discharge of the duties of his position , and that a fixed and well defined policy deriving Its source tram ono head may be Inaugurated which will work advantagcovsly In each of the Institution ! ! . In my judgment It wao never intended by the constitution that the Board of Public Lands and Buildings , therein created , should have the control and supervision of the ad- mlnlutratlve and governmental part of these different Institutions , but rather , as Its name Implies , and as expressed In direct terms by the constitution , It should have control ofthe public lands and public buildings , to look after , to care for the repairs and Im provements , the erection of now buildings , when provided for by the legislature , and auch other control and supervision as per tain to the buildings nnd lamlu belonging to the state , as distinguished from the care , maintenance and control of the Inmates of mich Institutions , There has been almost continually , ulnce the enactment of the law defining the duties of the Board of Public Lands and Buildings , more or less differ ence between that board and the executive regarding the powers and duties of each , and thla without regard to whom may have been occupying each of the respective position * ! . This ought nn * to bo permitted to exist and the duties of this board should be made clear , specific and well-defined , and pro visions made so a to prevent any differences respecting the duties of executive officers In this as well us other boards created by statute. Thin board by law Is required to approve vouchers for expenditures made by many different boards , as well as the vouch ers required In Its owu expenditures. An auditing board should doubtless cxlht to approve the vouchers Issued by the heads I of the different departments In state Insti tutions , ns well an by bo.irds when created with authority to Incur Indebtedness or make expenditures In the dlnchargo of their duty , This board might properly be composed of two or three otfttc officers the auditor being one , as these duties pertain very naturally to the duties of his own office , rncb voucher upon the- state treasurer having to be pro- scntcd to him and thprJ approved before the Issuance of n warrant. The Board of Purchase and Supplies Incurs much Indelit- cdncM In supplying the different state Instl- tutlon ! . This board nhotild be required to approve Ito own vouchers and then lie passed to the auditing board for final approval before - fore , the Issuance of a warrant on the state treasury for ( ho amount of the claim. A very slight modification of the law regarding these subjects would obvlatq needless confusion , and encourage n more harmonious administration of state affairs. It would also provide for a better system of approving vouchers upon which warrants are drawn against the s ate treasury. STATH'S liDUCATKKVAIi INSTITUTIONS I'nlvernlty ' Speelnlly roiuiiii'iiileil In Hie lieKlMltitorn. The State university Is In a very flourish ing condition. The excellent work In Iho educational field occupied by this Institution under the direction ami efficient manage ment of the chancellor Is very gratifying to all citizens of the slate. Th ? high rank which It occupies among similar Institutions of the land testifies to the excellent work which has been performed. The university c-ditc.ittonal work has been extended so ns to provide a practical training for n short period of tlmo In ( he varied branches of agriculture for those who are unable to avail themselves of the opportunity afforded to take the urescrlbed course In the college of agriculture and yet wish to prepare them selves for active and Intelligent work In agricultural pursuits. In n state such as ours , where the agricultural Inter ests arc paramount to all others , It seems to me that an effort to promote this feature of university education must find much cordial support by the peop'e generally. In considering the needs of the Institution special attention Is icquestcd to this branch of the work which Is now In process of de velopment. The law provides for two funds to be used In support of this Institution , first , the endowment fund , to be Invested nnd the Interest of which only can bo used In Its support ; and. second , the regents' fund , which shall consist of the proceeds of the Investment of the endowment fund , the an nual rental of the University and Agri cultural college lands , the matriculation and other fees pild by students and a tax of three-eighths of ono mill on the dower value of nil taxable property. From this It would appear that It was the Intention to have the university supported from these funils rattier man from an appropriation from the general fund , unless for repairs and permanent Improve ments. The condition of the state's finances would 6ecm to emphasize the necessity for adherance to thla method of deriving rev enues for the current expenditures of the Institution an nearly as possible without In juring Its usefulness. The estimate of ex penditures calls for an appropriation from the general fund of $21.500 , and also $50,000 for permanent Improvements. While I am strongly Impressed with the ncccs lfy qf economizing wherever posslule In making appropriations for the expenses of state government , I bespeak for thl highly useful Institution a liberal support sulllclcnt to maintain Its various departments unim paired. The report of the regents for the bl- c.nnlal period Just closed will be submitted to you and .Is worthy of your careful coneld- cratlon. K Is an Improvement on all past reports In Us thoroughness and the attention given to details respecting the past manage ment and the future requirements of our uni versity. STATE NORMAL SCHOOL. The Stale Normal school , located at Peru , appears to be performing the work for which It wca constructed In a very satisfactory manner , nnd meeting the full expectations of the friends of education all over the state. I am advised that the attendance of those I i who are preparing themselves to become In- I structors In the public schools Is fully up j to. If not surpassing Its previous history. Th.it the educational work In all of Its varied branches U being successfully prosecuted , is evident. Your favorable consideration Is Invited to the requests of the board of trustees for ap propriations needful In conducting the af fairs of the school for the coming biennial period. Considerable Is asked for In the con struction of now buildings. In view of the state's finances and the ever-Increasing bur den of taxation , I am not prepared to favor any appropriation for new structures at the different state Institutions , except where , after a thorough Investigation , they seem to be absolutely required In order that the In stitution iay efficiently carry on the work for which It was Intended , and where the withholding of such appropriations woul.l cripple the usefulness of such Institutions. DI'M.AYS I.V MAXIMUM HATH CASK. Opinion I'xpri-KNril Unit the I.iiNt One AViiM -\onsaliliv. . It Is provided In section 4 of article xll of the constitution that "Hallways hereto fore constructed , or that may hereafter bo constructed In this state , are hereby de clared public hlginvajH , and shall bo free to all persons for the transportation of their persons and property thereon , under such regulations as may be prescribed by law , nnd the legislature may from time to time paen laws establishing reasonable maximum rates of chargra for the transportation of passen gers and freight on the different railroads In this state. The liability of railway corpora tions as common carriers shall never bo lim ited. " Section 7 provides : "Tho legislature ohall pass laws to correct abuses and prevent un just discrimination and extortion * In all charges of express , telegraph and railroad companies In this state , and enforce such laws by adequate penalties to the extent , If necessary for that purpose , of forfeiture of their property and franchises. " Under the constitutional power thus con ferred , efforts have been made from tlmo to tlmo by the different legislatures to enact laws to establish reasonable maximum rates and to prevent discrimination and abuses to the patrons of such roads. The legisla ture In 1893 enacted a maximum freight rate law which was approved by the gov ernor and thereby became one of the laws of the state. The enforcement of this law was resisted by different railway companies and a Milt was Instituted to prevent the Hoard of Transportation from enforcing the provisions of the act. A trial In a federal district court resulted adversely to the stato. and the last-legislature made suitable pro visions for the prosecution of a writ of error from the judgment of the district court to the supreme court of the United States , It was presumed at that tlmo that the case could bo taken on appeal or error to the supreme court and there disposed of In a short time and the validity of the act In question be determined. An argument of the case was had In the supreme court In the year 1805. A rcargumcnt nfterwnrds wao ordered. Tills has not yet been done. For some reason , to me unknown , a stipulation was entered Into between those representing the Btato and the attorneys for the railroads postponing a hearing on a motion to advance the case for rcargumcnt until some tlmo during the present month , and It now seems hardly rea sonable to expect a final decision on this Im portant question until oomo tlmo during the nprln months. I am unable to lead myself to bellevo that the delays occasioned In the final hearing of this case are at all nccca- Old age comes early to the clothes that are dragged up and down over the wash-board. It's ruinous. Nothing else uses them up so thoroughly and so quickly. This wear and tear , that tells so on your pocket , ought to be stopped. Get some Pearl ine use it just as directed no soap with it and sec how much longer the clothes last , and how much easier and quicker the work is. Pearline saves the rubbing1. C Af-if3 Peddlers and tome unscrupulous grocers will tell you KJlslXU. < thi , | s as good as" or " the same as Pauline. " IT'S Jf "D _ - ,1FALSE Pearline is never peddled , * nd if your JDciCix pacer tend * you wmclMns in place cf Pearline , bo LoneU- / / < / I kiik , U3 / UBS { ' ( & Now Yeik. emry , but oiv the contrary , am utronRly Ira- pressed with the conviction that the CJUIP , i i bring of no much Importance , ought to have been finally disposed of long ere thin. It j ! seems to mo that the grave qurfltlona In- | , volve'l are of siilllclont Importance to war rant an order of advancement by the trl- I ' bunal hearing the care , and a decision nt the earliest opportunity consistent with. j Its proper consideration by those who have i to paw upon the legal questions Involved. i ! It Is to be hoped that a final and speedy hearing will ho obtained at on early tints. and thus rnablo the people of the etato to ascertain what , If any , further or different legislation may bo required In order to carry out the Intention of the provisions of the vonetltutlon just quoted. Until the cnse li finally determined , It would siu-m thai nothing further In the way of enacting , law establishing reasonable maximum freight charts by thp legislature cau with eafrtj bo at'cmptod. _ TOL'CIIIJN t'l * HAII.UAV COMMISSION. lliiiu-il UN I'ud-iil UN nn lOlcctlM- Olio U II WUIicn to llr. Under the second constitutional providing the legislature haa ratubllshcd a Hoard of Transportation , giving to such botird power to picvcnt unjust discrimination , to fix reasonable ratea for the carrying of freights. and lu general to carry out the provisions of the act creating cuch board. A boanl thus established , properly enforcing the law. can servo a good purpose In preventing : unjust disci Imlnatlon or exorbitant rates for the carrying of freights by the different railroads of the state. Its usefulness de pends \cry much on Us ability to enforce. the laws. If the hoard ha not sufficient authority , as now constituted , to fulfill the objects of Its crea tion , the law should amended eo ns to glvo It more extended powers. The neces sity fet the maintenance of an olllco charged with the duties of infoicltig all pro visions of the law regulating railroad traffic In the state , Is quite obvious to all. The people of the state , 1 am satisfied , prefer an elective railroad commission rather than the commission as now created. Thin they are unable to accomplish until our fundamental law shall bo amended provid ing for these additional executive officers. A constitutional amendment looking to that end wcs submitted to the electors at the last general election , the adoption of which IH quite doubtful. Until such a commission can bo provided for by constitutional amendment whatever relief that may be ob tained must be secured through a board of transportation or railroad commission com posed of executive ofllcerw already created by the constitution. I nm unable to nee why , If an elective commission may be em- powciod to give to the people any relief from unjust discrimination or overcharges , the same powers may not be given tea a , commission composed of executive ofilcera as now existing under the constitution. Many other states have commlrslons either created by the constitution or otherwise , whoso duty It Is to regulate and control rail road , telegraph and express traffic. The work of these commissions In many statea seems to be very satisfactory. A iitudy of the reports of these different commissions Is qulto Interesting and secures to ono much valuable Information respecting eo ImporUnt n nubjcct. I am of the opinion that our board of transportation lawa should bo amended In aomo respects so as to glvo greater poworn and more latitude In the operation of the board In the enforcement of the law , thereby assuring a better administration of thla Im portant feature of state government. It would also eccm advisable to give to a board of transportation not only the right to con trol railroad traffic , but also that of telegraph and express companies doing buslnccs be tween points within the state. This entire matter Is submitted to you with the hope that. If any changes In our present law are found to be advisable , the subject may be legislated upon by you so as to bring about equitable dealings between these sev eral corporations and their patrons. Whllo protecting the rights of the Individual , every consideration which wisdom and justice re quires should bo given to the corporation whoso business la thus sought to be regu lated. Mo.vnr roil THE XATIOXAI. RUAIID. Doflelt UN u T.cKncy of ( lie Inut State Kit UH in iiincnt. The report of the adjutant general shown that during the past two years the National guard of this state has made great Improve ment In Its knowledge of military duty , and that the equipment Is sufficient , with the exception of a few articles , to enable It to take the field for active service In or ( Continued on Fifth Page. ) THE MAKER. of Devllfil CratiN AxkN n ( IncHtlon. The following correspondence between Mr. McMenamln , the well known prcduccr of her metically sealed sea food , of Ho/npton , Vn. , and the Posturn Cereal Co. , may Interest some , r.a It touches n point upon which there have been some qulrlcs : "Hampton , Vn. Pcstuni Cereal Co. , Battle Creek , Mich. Gentlemen : Replying to your letter I beg to say that your health coffco has a flavor , so far as I can remember , of the best coffee , and this coffee flavor was ea pronounced that I suspected that coffee waa mixed with the other gralnu. I served It to some of my guests without telling them what It was , and they pronounced It very excellent collec. One of them was a coffco drinker who had to have It three times a day. I would Ilko to know If there Is any coffee In It. Very truly jours , James McMenamln. " "Battlo Creek , Mich. Mr. Jamca McMena mln , Hampton , Va. Dear Sir : Wo have your esteemed favor of the 2Sth and In reply to your Inquiry as to the Ingredients will nay that wo are willing to atako every penny wo can get together that Pcstum not only deco not contain coffee , but that It is composed atrlctly and entirely of pure cereals of the field , the gi eater portion being the various parts of wheat. It took us nearly u yean of cxpcilmcntlng to produce Poatum , the health coffee. It Is an easy matter to inako a weak- sort of drink from browned rye , wheat or malt , but to produce a liquid from the cereals that has the color , tnsto and nourish ing properties of our present proJuct taxed our best energies and that of ono of the inotrt expert analytical chemists In America , "Wo felt a deslro to demonstrate the prin cipal that man's drink at meats should ba made from grains , without any sort of adult * eratlon or chemical preparation , aside from simple cooking. It may bo further explained that In order to produce Postum the ccrcald are cooked In different ways and the final mixing of the proper proportions Is what gives us the desired rcir.ilt. "There Is no possible argument that can. bo brought forward that will raise the ques tion for a moment regarding the fixed fact of tbo healthful , nourishing and fattening properties of the cereals furnished by tha All-wise Creator for man's natural use. Wo thank you for your kind letter. Yours re spectfully , Pcstum Cereal Co. , Llm. " Thcro Is but ono genuine original Postum Cereal Coffee , with a multitude of luiltatlona offered as "Juat as good. " GRAND OPENING CONCERT or ODD FELLOWS' TEMPLE T11LJ OUIOIN'AI > FISJC JUBILEE SINGERS Will glvo tholr Inimitable musical enter tainment In the abovu beautiful auditorium , Ilroadway , COUNCIL IJUJWS , IA. , Under the auspices of the Young Meu'ft Christian Association , Tuesday Evening , Jan. 12- Doors Open at 7 O'clock. Commences at 8 O'clock. TIckctH CO Cents. Heeerved feats without extra charge at A , A , Hart's Jewelry store , DDHANY THEATER - Three NlElitu , RtnrtlnK KlfNUAV , JAMIAHY IO. Only T ln Klan In the World , WluLIAM - . In Three Great Twin Pluyi , HiiiKlny . . . Till : OI'KIIATOIl .Monday . - COItNIUA.V IIKOTIIKHH CASH I'rlci-D. ICc , Kc , SSo und We. Head now on sale at BcIIer * ' druc itor * .