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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 27, 1897)
PART 1. HE OMAHA UI AY BEE PAGES 1 TO ESTABLISHED JUNE 10 , 1371. OMAHA SUNDAY MORNING , JIJNgB 27 , 1S07 TWENTY PAGES. SINGLE COPY 1T1VE CENTS. SITS ON SOCIALISTS Uppot Homo of the Pnnsian Diet Passes Association Bill. s MEASURE IN LINE WITH GDVERNMENT IDEA Gives Polios Powsr to Dissolve Socialistic Qatherincjs at Will LITTLE CHANCE OF PASSING REICHSTAG Two Bodies Hurl Approbrious Epithets Back and Forth. C\BINET CHANG IS STILL IN THE AIR Uiuue ( ioHHlp Slllt Continue to WIIK HIT Tout ? " * * UoinMTiiliiK Them , but \othliiK Ill-Unite- ( Copyrlffht , 1597 , liy the Associated Prew. ) HERL1N , June 2C. The Reichstag has ad journed for the summer , but the Prussian Diet will remain In session until late In July. The association reform committee of Ahe upper house of the Ulot passed the aa- floelatlon bill on Friday In the mutilated form adopted by the lower house , but with an addition to the effect that associations la which there ore anarchists or social demo cratic movements , or movements aiming to overthrow the cxlntlng organizations ot state , or movements preparatory to a separation of a part of the territory of the state from the whole , come to light In a manner dangerous to public security , especially to the security of the Btato , may be dissolved by the police. The Diet Is almost certain to pass the bill lu this form , which Is more consonaut with the wishes of the government , which desires n measure repressing all meetings , but there Is no chance of the Reichstag agreeing to the measure In Its amended form. It was Interesting to note the cropping out of the deep-seated anlmcalty between the two bodies the Reichstag and the Dler. Ilaron von Scdlltz , the conservative leader , referred amid applause , to the "mis guided , blinded majority of the Reichstag , ' and speakers In the Reichstag repaid the at tack In kind. Herr Rlchter , the radlca leader , spoke In scathing terms ot "the al most permanent cabinet crisis. " Ho said Dr. Mlqucl la virtually the new chancellor , adding : "What does he believe In ? Wo ought to Invite him to appear be fore us and divulge his plan. It Is not enough for us to know the ideas ot the June government. Wo ought to know also those of the July government. As to the autumn government nobody knows anything abou It. " This eally was received with applauae b ; the members of the left. ' CABINET CHANGES. ' In government , parliamentary and prcES circles the conviction remains that cablno changes are Impending exactly as previous ! } cabled , namely" , that Dr. Mlqucl , the mln Ister of finance , will succeed Dr. voi Doettlcucr no vice president of the councl of ministers and Imperial secretary of state for the Interior , with Increased functions , no' only In tlio I'lUNslau but lu the Imperla cabinet. 1'rlnco Hohcnloho will retain the chancellorship , although lie Is anxious to re tire to private life , Dr. Mlqucl taking mos of the burden of the office upon himself. Dr Miguel's sphere of duty will bo enlarged b > creating for him the office ot chancellor of the exchequer , with similar scope am Influence to the Urltlsh chancellor of the exchequer. IJaion von Marschal lllebprstcln , the mln ister for foreign affairs , will remain In office for a while longer , It being understood tha his portfolio tins been offered to Count voi Eulcnbcrg , the German ambassador a ( Vienna , and to Count von Hatzneld-Wllilen berg , the German ambassador at London , am that they have both declined. Now It Is as eerted that Ilcrr von llulow succeeds Uaios von Mnrochal Hleborsteln , and that Dr. voi noettlchcr , refusing a government appoint ment. Is negotiating for the position of preel dent of one of the largest ot German bankn nt three times his present salary , just at Herr Hocdlker , who a few days ago resigned the presidency of the Imperial Insurance In dilutions , bccomca chief of Herr KruppV jirlvuto laborers' Insurance Institutions n : tour times the salary he was getting. In private conversation , Prince Hohenloho the Imperial chancellor , has expressed him Belt as helm : tired of office , adding that hi counted upon rctlrng lu the fall. , KING TO MEET EMPEROR. TJio meeting of Emperor William and Kluj , Leopold of Uclglum at Kiel Is not cntirelj devoid of political significance. They wil" ( Itecuis the Congo and other African prob lema touching bolh Germany and Helglum Biich as the slave question. King Leopolt iwll | Invite the emperor to personally atteu. the Hnissclfl exposition , ! By rejecting the Invitation of thu Ham burg senate to attend tlie horticultural thov and by avoiding lUimburg territory on hlf liriacut trip , Emperor William testified his displeasure at the recent failure to toast hln ot the banquet tendered to the members o the Reichstag at Hamburg. A comical mistake of the ernprror In i recent speech has been discovered , Speak ing at tlie unveiling ot the monument ti liis grandfather at Cologne , his majesty rt fcrred to "Neptune with tlie trident. " Tin symbolical figure In the monument , however , WKH meant by the sculptor to rcpresen leather Rhino and It has not a trident , bu garlanded vines and grapes where tilden might have been , The Kruez Kcltiing warns the Germai farmer against the Invasion ot cmlgran agents to settle In thu southern states o 'America ' , and calls on the government to Issuu a strict prohibitive decree against sucl emigrations , elnce German farmers are to compete with the black labor In the rottoi snd rice fit-Ida , Much amusement has been aroused by th fact that the jubilee portrait of the queen issued by the London Times was "mado It Germany. " AMKU1OA WOHIlli : . ' ) Til 13 KAISUll Hiili-r Diit-H Not l.lUe Out KurrlKii I'lilli- ) ' . lit , 1(97 , I > V Associated l'u-f . ) LONDON , June 2fi. The Spectator pub llshfs a long leading article on Kiupernr William's remarks as recorded by the Paris correspondent of the Times on Monday laj and then cabled to the Associated press. Tin correspondent reported a conYerullon affect Ing to represent the views of the eminroi In tlae couree of which , sucakiug of his anxiety as to the future of > Kurope , he said hat ho did not fear Chinese ambition or the anarchists , but ho did fear the expansion of ono of the great power * and the Intervention of the United States In the affairs of the old world. The Spectators sayo : "This Is so impor tant that wo would give much to know pre cisely what Is In the kaiser's bialn. The falser has displayed at times singular gleams of Insight. The facts of the moment ap lenr to Justify his enigmatic saying. The \merlcans are exhibiting a tendency to dc- lart from their policy of seclusion and In- : crfcre very strongly In the affairs of the old world. " Continuing , the Spectator Instances Vene zuela , Samoa and Hawaii , adding : "And hey are appsrcntly going to Interfere with Spain In the most peremptory manner. It here Is any truth In the account of the In structions given to General Woodford , the United States Intends lo Immediately offer an ultimatum to Spain by practically refuti ng her permission to suppress a revolt In ! icr own dominion. The last event Beemn to have very badly Impressed the kaiser , and the emperor's remarks through out dealt with the perils which t waa hln object to avert. Does 10 proposes himself to avert Ameri can Intervention In the affairs of the old world ? If he dota , President McKlnley must be cautious In his diplomacy , for the German and Spinlsh fleets combined would lie more than n match for any fleet America could produce , without an effort which would tax the resources of the union , not In money , but In Hhlps and sailor ! ! . The union Is Ir- reslntlblc only ashore , and Cuba would be a poor reward for a , great and danger ous sea war. It Is not certain Germany has not a motive for such an alliance for the United States with Monroeism , la nearly as much In the way of powers desiring to expand as Great Urltaln. Overcrowded Europe finds that the foreign policy of the United States debars them from colonizing South America with their surplus population. But the natural place for Germans Is In South Brazil , and now that the government Is In a position to direct the tide of Immigrants weat we should not bo surprised to see the already powerful colony suddenly and amazingly enlarged. " I2.\0'lt S.VUASTA KAI.LH SHOUT. Hln I.Mii-ral 3liinIfcHti n Dl.siiiipolnt- iiicii * tit 1'rlcnils mill Koes. ( Copyrluht. 1897 , by Press Publishing Company. ) MADRID , Juno 20. ( New York World Cablegram Special Telegram. ) The mani festo of the liberal party has not at all answered the general expectation In Spain , because It Is much toned down from the famous declarations of Sagasta , made a week ago. It seems that great pressure was brought upon Sagasta and Gomazo , Morct and Abarzuza , who drew up the manifesto , by military men and the reactionary Cuban senators and deputies , to Induce them to tone down their allualons to the central policy and at the same time lay more stress upon the necessity ot military action agaliiKt Impenitent rebels. The manifesto Is- generally considered to be a bid for power. It Is couched In bolder and less respectful terms toward the monarchy than usual. It is a brilliant and powerful criticism of thu home and colonial policy of the present government. The manifesto has much elated the con servatives. They believe that It Is not cal culated to Improve the prospects of the lib eral party nor to satisfy the Cubans and the United Stairs , because the- formula for their contnnipUted colonial autonomy Is too vague. The press of all shades echoes this disappointment caused by the manifesto , when the nation had been led to expect that Sagasta would show that the liberal party was at last ready to step In and assist the queen regent In carrying out the homo rule policy In the West Indies. The conservative papers , especially the Kpoca and Nacional , say that the manifesto falls short even of Canovas' reforms , and deride - ride the idea of recalling Weyler or altering his repression and war policy. They say that that would be tantamount to playing Into tlie hands of the rebels. ARTHUR E. HOUGHiTON. MIDICATION IS UL'ITK L'M.lICISlYV. ( liii-t'U Vlotorla X it Itouily to Inv < > Xor Her 1'toiilit" Spnrc Her. ( I'oiiyrlRlit , 1S97 , by Press Publishing Company. ) LONDON , June 20. ( New York World Cablegram ble-gram Special Telegram. ) Sir Ashmead Dartlett In his paper repeats the rumor of the queen's abJIcation. He says Informa tion reaches us from a source usually reli able that It Is the -intention of her majesty to retire at an early date from active rule In favor of the prince of Wales. Stories arc rlfo of a proposed abdication on the occasion of the Jubilee , but are generally discredited. Many Important official steps are to be taken before It would bu possible. Abdication would upset things more hero than a presidential election does In America , There are even those who predict a buslnofB panic In case the prlnco of Wales becomes king. The Jubilee showed the queen the only woman on earth with 600,000,000 lovers , and whllo Wales Is undoubtedly popular , It la not likely that his peculiar life has given tlio iBrltUh public confidence In his ability to rule. EDWARD MARSHALL. \VUr. 1UJHX MJI.HO.VS Ill KN 1'rrHcnt 1'iiNltloii It IH a Mi-imcc to tint IKu'kx. ( CnpxrlKht , If07 , liy I'rcfa I'tiljllMdn Company. ) LONDON , Juno iG. ( New York World Ca blesram Special Telegram.--Nelson's ) ( lag fchlp , tlio Kotidroyant , now a wreck at Black Pool , 4s to bo soaked In oil and burned. An Imposing spectacle is expected. In Its proa ent position a storm might ruin the ducks witii it. KDWARD MARSHALL. IttlMOU THAT ROMIIS KII.M2D. t romiiiiinili-r HopurU-iI to Iliivo l.iiHt HIM I.lff. HAVANA , June 6 , Iluinora have been afloat here since yesterday morning , probably emanating from oulclal circles , thnt Gen eral Maximo Gomez , tin1 Insurgent com- mandcr-ln-chlef , has brcu killed In a fight near the military line In the province of Puerto Principe. The reports have not been substantiated. , \n Sympathy trllh < Miniiiinn | ( C\wrlsl't. 18 ! ) " . I'l' ' Pifm I'ul'lUlilnB LONDON , Juno 26 , ( New York World Ca blegram Special Telegram. ) The Chapman crusade In Now York arouses mui-h Intvrcc hero. The British public would not tolerate such a thing for a moment , livery llmo a similar affair has been planned here the so- called reformers have bren Ignomlnously iquclchcd , There are 0,00(1 ( wome-n on the streets of London whom the police can only molest on the complaint of citizen : ; actual ! ) Interfered with and who mutt then appear In tl'o ' police court as witnesses. Suc-h cases are very rare. The police here are not per- mlttotl to Incite to crime for the purpoee- ! making arrests. IRISH POLITICS Wealthy Now Yorker the Latest Element of Party Disturbance. LOUIS S , CHANLER'S ' GREAT AMBITION Eager to Bjcome a Member of the British Parliament ! HAS THE BACKING OF J2IH REDMOND Leader of the Pnrnellitss Anxious tJ Push His Man Forward. DILLONITES OPPOSE THE PROPOSITION Umvllllnpr lo Allow 11 Scut to Co ( o n l < 'orilKiirro Mutter U'luit lit * Financial Ability or Iii- c-llmilloii. ( Copyright , 197. by Press Publishing Company. ) LONDON , June 2C. ( Now York World Ca blegram Special Telegram. ) Louis Stuyvo- eant Chanlcr of Now Vork Is tlio latest ami most noteworthy accession to John Red mond's political following. ft Is fold that Mr. Chanlcr la ambitious for a seat In the British Parliament , and will shortly become a naturalized subject of her Urltnnnlo majesty , which Is an essential condition precedent to entering the House of Commons. At present he Is the mysterious man of the Irish politi cal situation. Every one is asking , as In the case of the fly In the amber , how he got * there. Ho cnme over from America on the same steamer as John tledmond did carjy this year , and he has been the constant com panion of the leader of the I'arnelllto party ulnco then. Whenever an Irish debate Is on In the House of Commons In which Mr. Redmond figures , Mr. Chauler Is almost an unfailing occupant of the distinguished strangers' gallery. He has become a member of the organizing committee of the nc\v In dependent League In Dublin , which Mr. Red- mend has been trying to establish In Ireland since Timothy Harrington's defection. More significant still , Mr. Chanler has become a member of the board of directors of Mr. Redmond's Dublin Dally Independent ( news paper ) . Until Mr. Chanlcr's accession to the directorate there were ominous rumors that the Hedmondlte party was In dlro finan cial straits. Since then , It undoubtedly got an accession to Its funds and naturally Mr. Chanler Is believed to be the succoring angel. HtIS 1'LACE IS WAITING. He te filling at present a large space in Irish political affairs , the curiosity concern ing his mysterious connection with the Rcd- mondlto party belug widespread. It la even rumored today In Irish political circles that Mr. Chanler may be Mr. Redmond's candi date for the vacancy which has Just occurred in the parliamentary representation of South Roscommon , caused by the death of Luke Hayden , who had been a member since Par- nell's time. The difficulty about Mr. Chan- ler's American citizenship Is not an In superable obstacle , as two months ago a ministerial candidate of a Fenian family was only naturalized the day before his nom ination for a parliamentary vacancy. The Ilcdmondltcs stand so well with the present unionist government that the home secretary would make no difficulty about granting naturalization papers to Mr. Chanler imme diately if they were demanded. Dut. Mr. Chanlcr may not be ready to take the plungi , so hurriedly on account of his extensive in terests In the United States. The parliamentary vacancy in South Ros- common Is exciting deep Interest among Irish politicians , Mr. Hayden was a supporter .of Redmond and got the largest majprity any Parnelllto member bad outside of Dublin at the last general election. The constituency has been a Parnelllte stronghold and If Mr. Redmond's candidate should suffer defeat there it would be a sure portend of the total extinction of his party at the next general elcctiou. WHERE DILLON STANDS. The attitude of Mr. Dillon and hla friends In the matter was explained to me today In this way : "If Mr. Redmond brings forward as a candidate some tried nationalist , prefer ably one of Parnell's old party who lost hla seat after the split there are several of them to choose from wo will not provoke a con test , but will allow such a candidate to be returned unopposed. But If some stranger to nationalist politics is put up by Mr. Red mend in return for or In expectation of finan cial help wo will oppose such candidate. " This obviously points lo the contingency of Mr. Chanlcr's candidacy or that of Mr. Roch- fort Maguire , who waa a member of Par nell's party for a. short time before the Irish leader's death , and whose desire to get into Parliament for an Irish cat Is not to pro mote the Irish cause , but to safeguard the Interests of the Urltlth South Africa com pany , of which he Is a leading spirit. It la not impiobablo that the contest may be com- plicatfd by the appearance In the field of the O'Connor-Don as a home rule candidate , in dependent of both the Dillon -and Redmond parties. lie wan lit Parliament formerly as > i homo ruk'r under Isaac Hint's leadership , but was defeated when Parncll assumed thu reins , and has repeatedly failed to regain a p.it , sliicci he fo a landlord of vast prppcrty In the Roscornuion and Is generally descended from the ancient Irish kings. A.MIOUIC'.V.VS AHi : VRIIY PltOMI.MSXT. Tnku I'll ' II CiHiil Drill of .Mlcllllon ( Copyright , 1S)7 ! ) , by Trees PulilUhliiK Company , ) LONDON , June 20c-Ne\v ( York World Cablegram Special Telegram. ) Americans In England have been very prominent , during Jubilee week , but they have been canny too. None , with the exception ofV. . W. Aator and Miss Van Wart , gave extravagant prices and Instead of entertaining generally , they entertained only at the/ last moment. Lady Naylor Leyland , who was invited to Mr. AMor's , and also to the Hache-lor's club , de cided to take a house hci elf and enter * tain. Prices at thu last were not very high. Had Mr , Astor and Miss Van Wart waited until almost the last , they would not have had to spend one $7,500 , including refresh ments and stand , and the other $2,500 for entertaining , So far as the gala opera is concerned , the Americans teemed also to have avoided fancy pilce * . The duches * of Marlborough , Lady Colebrooke , Mrs , Parkinson Shaipe , Mrs. Eaten. Mrs , UradUy-Manla in3 Lll y , f.u hela of Marlborough , all had their own boxes and paid no More than the actual pi Ire Used by the opera committee , 50 guineas cplere , while Mrs. .Ooelet , Mrs , Eugene Kelly and others were wli < > one ugh to tike etall-i rather than w from f03 to 150 lor a Uox. T committee In uo tteo received csgre than 50 guineas for a box and HO guineas for a stall , although In the end , UlIs fetched 40 nplcce , while I personally know two ladles who paid half tliat um. Speculators made money , no doubt. . DISPLAY OF DIAMONDS. The most Jewels were In , Mrs. Hradloy- Martin's box , although 'not worn by hcrnelf. but by a lady at flrst jupposed to be Mrs. Drcxel who wore $250,0 00 worth of jewels In the drawing room r.nd was expected to make another sensation bill who turned out to be Mrs.Vllllam Astor , who In New York Is quite nn Uncrowned queen and in London almost utterly unknown by the smart pee ple. Her Jewels were tuperb. In her hair were two tall , white fcathcss and a diamond clown , topped by enormous round pearls. Her necklaces were legion. Tliey seemed to run like streams of liquid fire all over. Her drctft was adorned In front by a magnificent historical Jewel given by Cardinal Mazarln to Marie Leszlnkl of France , composed of one huge diamond set In a brilliant shell , with a falling fringe of diamond' ' ? . It la sup pencil to have cost originally comcthlntr like J100.COO or $12r..OOO. It was the meat superb thing seen In the whole house , although one woman , a very fashionable duchcrfl , wore a necklace of diamonds like a net , which quite covered her neck. The young duchcea of Marlborough wore all her Jewels ; the duchess of Portland , the duchess of Leeds , the duchccs of Montrose , other great women , and both the Ladles Dudley were all blazing with Jewels. Perhaps the loveliest woman In the house was Lady de Gray. She was dressed In gray tulle , with a diamond belt , diamond chains looped up with a bunch of beautiful white lilies. Around her neck were several diamond necklaces and on her beautiful head was poised a gorgeous , queenly crown. WINANS SHUT OUT. Mrs. Wlnans would not have been absent on such a great occasion had It not been for the sudden death of old Mr. Wlnans on Jubilee day. 'Mr. and Mrs. Walter Wlnans have taken Downshlro house for a term of years from Lord and Lady Dowoshlre. It Is said that Mr. Wlnans leavrn one of the big gest fortunes of the century. This has been a gorgeous week. Among the very great parties was the one given by Mr. and Mrs. Leopold Rothschild for the prince arid princess of Wales , at which a great many Americans were' ' present , Includ ing the young duehcsa of Marlborough , Lady Randolph Churchill , In whjto with white roses pinned Into a wonderful bodies of sil ver and a big diamond aigrette In her hair ; Lady Essex , all In white , silver , with a diamond mend coronet In her pretty dark hair ; Mrs. Arthur Pagot , In white with , a magnificent diamond ruvlerc , as well as a necklace of diamonds and two splendid single-stone ear rings , and Lady Naylor Leyland , in the prettiest white lace with a diamond crown and beautiful diamonds around her neck. Mr. Harmsworth's political party was a great success , with the loveliest arrange ment of ( lowers , pink geraniums and pelar goniums with a latticework of roses. There was also a great display of beautiful dia monds. Many gnat women were there , as well as the nurely nretty ones , but the. end and aim of ttie'cntertalniacnt were the colonial premiers , who attired In uniform ' from Buckingham palace , , bringing their wives and daughters. ' Paderewsitt played , but Melba , when she sang her favorite song , "Sweet nird , " received the most applaiise. MINIATURES THE RAGE. Miss Kussncr , the .American miniature painter. Is having another marvelous suc cess In London. She has already painted the young duchess of Marlborough three times , Lady Warwick twice , Lady Colebrooke , Mrs. Arthur Pagct , 'Mme. von Andre , the young Lady Dudley , Miss Muriel Wilson and sev eral others , and now la painting Mrs. Ogden Goslet and is to paint others. Now she Is busy with Lady Sophie Scott , the viceroy of Ireland's beautiful yqung daughter. After ward the Is to paint Lady Naylor Leyland , whoso portrait will also bo painted In the autumn by Carolus Duran. ' The success of thegreat , gala night of opera Is acknowledged to be due to an Amer ican , Maurice Grau. The syndicate controlling affairs hero Is more than pleased with the New York impresario's work. Although he has had some discouraging experiences with artists , yet the siason has been successful and very profitable. It Is almost certain that Jie will return hero next season. AMKHICA. IS II1STI.VCTIA" IN IT. llrltlHlt Lion , TnKi7 < on KM lint to the- Aiiifrlvnii Kniili- . ( CopyrlRtit , 16S7 , by the Associated Press. ) LONDON , Juno 2C. The lirltons' colossal pageant , ono of the greatest the world bos ever seen , has been completed without con tretemps to mar Its success. This has been an anxious week for those In authority , but the whole scheme for the celebration of the queen's Jubilee was largely planned , care fully carried out and has been a triumph for the management and an object lefisoi in unity for the hosts of guests. The latter have ssen In the gathering respective contin gents from all parts of tha .empire , who gave a meaning and a purpose' to the proces.ilnn generally lacking in similar displays , A pleasant feature , of the week waa the Americans' complete supers. The United States tpeclal embassy was easily the most prominent and the most honored throughout the celebrations by all. Jl Is almost needless to add that Colonel John1 Hay , the United States ambassador , la equally gratified. Roth ho and the rest of the. regAilar embassy have done all' In their power , to Insure Mr. Reid's success. One of the eecretarles of the United States embassy sold 19 & Reporter of the Associated press : f "It goes without eaylne-.Uiat the British court olllclals were all _ polltd'to their gueaU , but , In Mr , Reid's coze/ ; all , from royalty downward , haveBojne , out'of their way to show that something ! more than official cour tesy wss Intended. Every pciisible means was taken to show Mr. ReldiJbeippreclation , felt hero of the compliment .President McKiiilcy bad paid to the quEou.'S The feeling hi the prpjsjs Indicated by the editorial of the San ( < lard of Friday , which said ; "It would bg a jnost ungracious omission to forget to offer sincere thanks to all foreign countries fhat Iwvu participate/I In the Jubilee , They in ye padded materially to the pleasure of the < jue < n and her. people by their never-to-be-forgotten kindness. So far as the Americans , are concerned , we be- llevr they arc- almost as well plcised and proud us though ( he- Jubilee was their own. " In short , nothing la "too goo4 for Americans In London toJay. The nrltUh are also hugely pleased with the way the Americana Illuminated their IIOUECS on jubilee day. At Ui. . state banquet on Monday at Buck ingham palace Wbltelaw RelJ led In Prlnaz ; : Victoila of Wales , and'lbe other guest * at the same table were the' ' uukc of Ssxc-Co- burg and GoUn , who > 'was seated opposite the United States special envoy , the Princess Louise of Lome , daughter ' Queen Victoria Grand Duke Cyril of Rucola. the duchess ol Fife , Prince IJuppert o | Bavaria , the ducheii , of Coanaught , Princes Frederick of Saxony , ( Continued onFourth Page. ) OMAHACIIARTERGOOD Supreme Oourt Upholds the Oity's ' Now Bill of Rights. DISMISSES THE ACTION AGAINST IT Attack on Its Constitutionality is Not Broad Enough , ALL THE OFFICERS LEFT IN POWER Term of the Police Judge is Shortened to Two Years. GIVIN AT AN ADJOUHNED SESSION Opinion lliiiiiloil llotvn tit Lincoln YI-M- ti-rdiiy Aflrriimm UCIIIOVI-M 11 from l'roi > er- 'x Piith. LINCOLN , June 26. ( Special Telegram. ) The supreme court met today In adjourned session , all the members being present , and handed down decisions sustaining the Omaha and Lincoln charlcra and declaring against the new Flro and I'ollcc commission ot the city of Lincoln. In the Omaha councllmanlc cases the de murrer to the answer of the respondents Is ovciruled and writ denied and the action d.'n. mUeed. The opinion In the Omaha case Is by Justice Harrison , and the notation Is made that Justice Norval had no part In thu final deliberation on the case. In the opening of the opinion the case Is reviewed , showing that an Information In the nature of a quo warranto was filed by the relaters In which It was averred that they had been elected and assumed tbo duties of councilmen In and for the city of Omaha under the provisions of the act of 18S7 and that their olllccs were being and had been unlawfully Invaded and usurped , the powers and duties performed and the emoluments and privileges thereof enjoyed by the re spondents. The relief sought was the ouster of the respondents and the establishment of the relaters to the offices Involved. To this the respondents had made answer , setting up their election under llio provision of the new charter of ISO" and claiming the right to hold their offices under this act. To this the answer relaters Interposed a general demurrer , bring ing In question the constitutionality of the new charter. POLICE JUDGE COMES FIRST. The fust point taken up by the opinion Is In relation-to the police judge and the pro visions of the new act the tlmo of the election of said officer and the duration of his term of office. The court holds that the part of the charter providing for the election of thepolice Judga and for his holding office until- March , 1900. Is Invalid for the reason that the police judge Is a constitutional officer. Sec tion 1 of article vl of the constitution Is quoted , which says : "The judicial power of this slate shall be vested In a supreme court , district courts , county courts , justices of the peace , police magistrates , and such other courts Inferior to the district courts as may bo created by law for cities and In corporated towns. " Section 4 of the same article Is quoted , which sets forth the dura tion of the terms of office of supreme and district Judges , and section 20 , which pro vides that all officers provided for In thlo article shall hold their offices until their successors shall be qualified and they shall respectively reside . In the dis trict , county or precinct for which they shall be elected or appointed. The terms of ofllce of all such officers when not otherwise prescribed In this article ; shell be two years. " COULD NOT EXTEND THE TERM. The opinion therefore holds that police magistrates are constitutional officers , whose term of ofllco la prescribed at two years and that the legislature cannot extend or shorten the terms ot such officers. A police Judge having been elected under the old charter , his term to expire in January , 1893. His term could not bo abridged by a statute , hence the act of 1897 , to the extent It pur ports to affect such term Is Invalid ; ak > o such portion of It as makes the term of of fice of a police Judge three years , instead of the conutltutlsnal term of two years , Is of no effect. The opinion then holds that the Invalid portions were but minor parts ot tlio law and not governing In their nature , when viewed in the light of the purpose of the law In Its entirety and that the fixing of the exacf tlmo for the police judge to hold ofllco did not operate as an Inducement foi the passage of the act. It Is held that the Invalid parts do not Invalidate the whole act. act.Tho The opinion further says : "Turning our attention now directly to the enactment , In asmuch as It affects the police judgcshlp and the term thereof , It Is clear that there lu r , police Judge whoso term of office being es tablished by the constitution cannot be in terfered with or shortened by the legisla ture ; hence lie will hold ofllco until January , 189S , and If It Is said that there bo a va cancy In the office It may bo suggested that porulbly ( ho charter of 1897 bears within Itself the temporary relief or expedient wherein It states In section 184 that In casa a vacancy in the office of police Judge by death , resignation or otherwise , or In case of hU absence , disability or Inability to per form his duty , It ehall bo the duty of any acting justice of tlu peace within tbo city , who ehall be designated by the mayor In writing , to act as police judge during such vacancy. " MORE LEGISLATION SUGGESTED , The opinion suggests that It will bo thfc bounden duty of the legislature of 1SS9 to remedy the defects In the law , especially that relating to thu term of office of the police judge. Jn regard to the contention tint the act of 1S97 Is a piece of special legislation , It Is held that the question must depend upon the sub stance of the acts and not HE form , expressions or terms contained therein not being oufllclt-nt to make It a special act. The substance r.lone muet give charac ter to the act. The contention that the act could refer tu but one city In the state , was , and therefore , special , ! a held not good , as at a future tlmo other cities might come under the same cla&a without additional Irxlsla- tien. It la hel'4 that if the law of 1897 Is un constitutional because of special features , the law of 16S7 , under which the relatow claim title to the offices , was also unconstitu tional , and that this being true , relatorn could not be heard In thla action THE BEE BULLETIN. \V > ticr ! Forecast for Showers ; Northrnst Pace. 1. Prititiliiii Diet P.n a A-otirl.itInn Mill llti-4 lu IrUli PolltU-4. Cltirtnr llrtil to llo ( tnncl. ll.irtloy Hontpiicptt to Twenty 2. S. II. II. Cbirk nil tlio ltonr n a. rri-iiinnt Itrin P.ilU In Slritl llnil ltillrc : > , iilVncli In MU < u 4. I.i : t Wi-vk In Ointtil S.irbil ( ' R. llrllliliVnr Shl | ) < o.i iitrly : Itt-iirliiK nil tlio Uiiliu 0. Cniillrll ItlnlTI l.orit Mitt T. S.itiirilny tin tlio Iluto Hit l-\ : < -nt4 nti tin- Kit inlr- : 8. Triiiin Unlit l'i Thr M I 1(1. Kfhiius fr.iiu thn A u < > It ( ! lm > , utility ( if n II MI ) \ \ ] | tl. U'niiiiiiii Ili-r U'.iys u : 1'J. l-'illtorliil mill CiKiitno.it. 111. Smile Ntnriinli > Kk-il til ; . II. IllnU tint llul | > tlio K.ir.unr-i , 15. Coiiiinrri-liil luiil I'liintirliil Nmv * . 1(1. ( Tuiii-ul Uatlcr thn Tlriiuna. 17. Wi ticn ItnmU lluitlii fnr.tl IH.VHUly ( IrUI of Snnrtlii ) ; ( losilp. Vnliio of TulUlin ; Sp.uiUli. 11) ) . In tloVorhl iif \ VhlrllniVliool.i HIIIIH of Ituinlutluiniry Slri-n. 20. "Slirou-Kliiiry. " tlon the constitutionality ot the act of 1S97 on account of its special character. It Is held that the act ot 1S97 could not bo attacked because different portions of It became operative at different times. The act as an entirety took effect on the date pre scribed by the legislature , mid that the terms of the elective and appointive oincem com menced at different dates did not change the taking effect of the law as a whole. The opinion holds that the title of the act Is con stitutional , Inasmuchas It fairly exprcssc-d thu act and no surreptitious legislation Is attempted. Somt > details in the organiza tion of the government of the city may not have been foreshadowed by the title , but they are distinct and separable and not In ducements to the enactment of the act as a whole , and might bu rejected without In terfering with Its enforcement generally , and do not affect the validity of the act as a whole. It Is ulso held that the act of 1SST , under which the relatora claimed title , was open to the same argument , and the relaters - lators could not avail themselves ot this ob jection. HAS NO DIRECT IIRA'HINQ. In regard to the claim that the section providing for the appointment of members uf the Klro and Police commission was clats legislation because it prohibited the appoint ment of any one who Is or has been within the past year In the sale of liquor , tobacco or In the business of soliciting lire Insur ance , the opinion says : "In regard to the portion of section 16S , which we have quoted , speaking of it as a general proposition and not In a legal sense , personally 1 should con demn It as opposed to the true genius and spirit of the republican principles of our gov ernment , both state and national ; but we need -not discuss or decide whether It is vicious and hence unconstitutional , tor If so It would not affect.thj54ltlue.enforcenient of the other jiortlons of the law or of the parts of it In relation to the fire and police commissioners. Consequently the deter mination of such questions does not enter Into the decision o the ultimate Issue herein. " In regard to other objections made to portions tions of law , it Is held that "these are with reference to parts of the law which If one or all a.ro determined Invalid It would not affect the validity and force ot the other portions tions of the law , and inasmuch as the relaters - lators cannot prevail In this litigation un less tho. whole act la declared unconstitu tional , the questions under these objections are but collateral to the main issue , and we need and prefer not to discuss nr pass on their validity at this time or In this action. " CONSIDERS THE CITY'S CR15DIT. Near the close of the opinion reference ia made to the argument In the respondent'- ! brief In regard to the Importance of a deci sion in this case as affecting the credit of the largest city In our state , and its business transactions. The opinion says : "Courts cannot bo unmindful of these things. As wo understand It Is from a consideration of these combined with other reasons the general rule has arisen that all presumptions are In favor of legislative acts , and that no act will bo declared Invalid unless plainly and unrecon- cllably so. By this , it is not meant that courts will go beyond the rule quoted , for If laws are clearly unconstitutional , there Is , and will bo , no hesitancy In so declaring , when the question Is presented for adjudi cation. " LINCOLN'S POL1CR COMMISSION. The court In an opinion uy Juntlco Norval declares the section of the Lincoln charter creating the Klro and Police commission to be unconstitutional , for the reason that thu subject matter In the section is not gcrmaln to the section amended , and is not expressed In the title. The opinion says that "where the title to a bill is to amend an existing act , or a section thereof , no amendment Is pcrmlssable which Is not germane to thu sub ject matter of the original act , or section irt- dlcated. An act not complete In itself , but which Is clearly amendatory In Its nature and cope must set forth the section or neo- tlons as amended , and repeal the original sections. " The section creating the Flro and Police coniiulsalon , purported to amend section 91 , of the act of 1S95 , which referred to an en tirely different subject. REGARDING LINCOLN'S CHARTER. The syllabus In the case of the Lincoln city council is w follows : State ex rel William It , Comstock et nl against Alex Stewart et n ) . Opinion by Nor- vul , J. . It IB competent for the legislature to nmi'iid a statute by a proper reference to HH title , or the number of the chapter and section as published In the Compiled Statutes. 2. T < ie title to senate Hie 17G ( La.w . 1607 , chapter ) , with nuftlclent particularity di - tdgnntes article 1 of chapter xlll-a of the Compiled Statutes of 1S93 n where thu ainenduttory sections wcro Intended to apply. 3. Where an amendatory net contains a clause plainly Indicating the purpose ot the Ipglvlnture to repeat the original sections amended , It meets the requirements of sec tion 11 , article 111 of the i-omtlliitlon , which declares that an amendatory act Bliull "con tain the section or FcolloiiH go amended and the section or sections n > amended shull be repealed , " although ttte Intent to repeal may b ) Innrtistlcally and awkwardly exprcKsed , and tucli repeu'lng- clause was drawn In the form of an amendment of tha repealing clause of U.o act amended , 4. 'l'l > 3 constitutionality of a portion of a etatute docs not invalidate the remainder when the different p'Jrts are separable and the void portion \vn not the consideration to the legislature to adopt the part that IH valid. 5. When the Invalid portion of an act In S3 interwoven with the 'rest Unit the net may not be operative m ltd thu void part elimina ted , or where It Is obvious from an Innpertlop of the act that the Invalid part formed tlu ( Continued en Third Page. ) Bnrtloy's Sentence Lnoks but Quo Ycnr of Beaching the Maximum , TIME IS TO BE SPENT AT HARD LABOR Fine is Also Imposed of Double the Amount of the Embezzlement. D-FENSE ASKS THAT FINE BE VACATED Also Applies for n Stay in the Elocution of the Judgment , JUDGE BAKER REFUSLS BOTH REQUESTS Supreme Court Ailmltn the Aiirnl ami l.'lu-H ( In- Hull t tU..OIH ) 1'oiul- it HuvltMV ot the CIINV. "It IB the sentence of this court that you bo confined In the penitentiary of this state at hard labor for the period ot twenty yearo and pay a line of $303,7fiS.OO. , " This wns the sentence pronounced yesterday upon Joseph S. Hartley , the cx-Btalo treasurer , convicted of embezzlement , by Judge Denjamln S. Halccr of the criminal branch of the district court before wjiom Hartley was tried. It closed the record In the most noted crim inal trial on the dockets of Douglas county. The session of court at which this result was reached waa marked , llko all the other proceedings In thla case , by , legal Eltlniilsh- Ing Invoking all the technicalities known to the law for the delay of the progress of Jus tice. The court room was well filled with members of the legal profession and laymen , and during the progress of the legal bnttlo which marked the close of this case In the district court the most Intense silence pre vailed. DEFENSE MAKING A RECORD. The entire morning was taken up by the defense In making a record , motion after motion being made , KOIIIO verbal and othcra written , and even after scntcnco had been pronounced a motion to vacate a part of the sentence was filed. Thcso motions were all overruled , and after these tedious legal for malities had all been disposed ot sentence was Imposed upon the defendant. The bill of exceptions for an appeal to the supreme court Is about completed. According to the plan adopted by the dele-rise , no time will bo lost In filing these papers with the clerk ot the supreme court and application will be made to ouo of the judges of the supreme court to grant an order staying the sentence and admitting Dartley to ball As the supreme court has adjourned for the summer , this application will have to be made to ono of the judges of the court. The defense Is very confident that ball will bo allowed and that Hartley will be liberated within i few days. Attorney General Smyth will at once fllo with the clerk of the supreme' court objec tions to admitting the defendant to bail. The rule adopted by the supreme court late to admit persons to ball on appeal only where it Is apparent on the face of the record that error exists. The attorney gen eral will contend that no error Is apparent on the face of the record and will object to ball being allowed. ORAL TESTIMONY RULED OUT. When court convened Attorney Mahoney Hied a motion arking to he allowed to call Captain I1. II. Mostyn , chief of the Mostyn Detective agency , for oral examination in support of the motion for a new trial. In support ot this motion Mr. Mahoney filed bis own nflldavlt to the effect that ho hud nslted Captain Mostyn to make affidavit that his agency had been employed to furnish detectives to watch the Hartley Jury and had furnished such detectives. The aflldavlt of Mr. Mahoney stated that Mostyn had re fused to make any nftldavlt In tlio matter. County Attorney Haldrlco objected to the Introduction of oral testimony In support of a motion for a now trial end also objected to calling Mostyn to the witness stand for the reason that ho was exempted by the statutes from disclosing thu buslncsH of hla clients. Judge Haker slated that he did not see how the employment of detectives or additional bailiffs could nffcct the jury In any way. IIo Raid the jury had been Instructed to Inform the court If there wai , any complaint to bo made , and If they had brrn Intimidated In any way by these additional bailiffs or detectives they would undoubtedly have In formed the court to that effect. The motion was , therefore , overruled. Mr. Mahoney then asked permission to cell County Attorney Ilaldigi | < to tha witiuns stand for the purporo of establishing thu fact that .Buch detectives had been employed. The court overruled thin motion tor tbo same reason , DEMANDS AN AFFIDAVIT. Mr. Mahoney then made a formal demand upon tbo attorneys for the state for an , aflldavlt , Bbowlug whether or not Al Koysor and J , J , Mahoney were employed Uy the state as detectives to watch the Hartley jury a Htated In the allldavlto of Jurors Stllci , HolicrlH and Shipley. The attorney for tlin elate made no re-ply to this challenge and Mr. Mahoney renewed hi * demand for permlBsloii to call Captalu Mostyn for examination. This demand was also overruled , The dcfcr.ee at > ked that the county attor ney bo called to the utaml for examination upon certain matters alleged lu the motion for a new trial. This was overruled , the county attorney Etatiug that he hud not been auked to inako an allldavlt and exprvieing Ills readiness to make an affidavit tu any fuctu connected with the case. The defcueo then requeulcd the court to liavo ( lie count/ attorney callul to the wlt- > C i ttaml for the purpouc of being examined