Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 08, 1897, Page 3, Image 3

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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
In the district court the case of Ocorgo , 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
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
Council Bluffs , Iowa.
CAPITAL , . . . $100,000
Morchonso & Co , Got Right After the
County Board.
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
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
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.
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
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
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
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
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.
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.
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
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.
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. "
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.
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
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
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. the educational work In all of Its varied
branches U being successfully prosecuted , is
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.
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. _
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
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. )
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. "
Will glvo tholr Inimitable musical enter
tainment In the abovu beautiful auditorium ,
Ilroadway ,
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 ,
Three NlElitu , RtnrtlnK
Only T ln Klan In the World ,
WluLIAM - .
In Three Great Twin Pluyi ,
HiiiKlny . . . Till : OI'KIIATOIl
I'rlci-D. ICc , Kc , SSo und We.
Head now on sale at BcIIer * ' druc itor * .