FHE DAIIA 7
.ESTABLISHED JUNE 19 , 1871 : OMAHA , TIIUJtSDAY MOUSINGJAtftJAIlY (5 ( , 1S9S TWELArE PAGES. SINGLE COPY 3TIVE OE TTS.
HAfflA IN TO MM
ill Not Withdraw from Ohio Senatorial
Oont03t Till Defeated ,
IS THE REGULAR REPUBLICAN CANDIDATE
Declares that Ho Will Ba Elected Inside
Another Week.
NO NEW DEVELOPMENTS IN THE CONTEST
Legislature Takes a Recess Until Next
Monday.
COMBINE IS AT SEA FOR A CANDIDATE
*
fnrHonn Arc IMnjlnpr a O l t ( iiimc ,
Uncli riUlntv 'ANMiranruH of Hu\-
Inir Uie KiMiulrril .Nuni-
. . l er of VolcM. /
COL'lT.MnUS , 0. , Jan R Doth branches of
the legislature have adjourned till Monday.
Hut bolh sides ot the senatorial contest re
main In conference dally and nightly at the
Nell house nnd the Great Southern hotel re
spectively. The suspension and secret work
will continue until ne\c Tuesday , when the
two branches ot the legislature vote sepa
rately for senator , and the roll tails will show
whcthci any changes have been made. The
doubtful members made no flops today. Thej
bllll remain doubtful and they are receiving
the united nnd untiring attention , of Iho
legislative steering committees and outside
workers.
Next ( Monday Oovernor IJushnell will bo
Inaugurated for his second term , but the
exorcises will not Interfere with the sena
torial fight. The antlJHanna republicans ex
pect all ot their followers hero iMonday for a
largo demonstration. Although many jepub-
llcau clubs have canceled their engagements
for quartern on Inauguration day it Is bo-
lloveiJ 'that ' the effoits of the antl-Hanna republicans
publicans to have as big a demonstration as
usual will succeed. The Hanna men will
also take advantage of the exclusion rates to
liavo visiting republican delegations hero on
lhat day lo piolcst against the "combine"
fwlth democrats
The expected deadlock will not begin till
next Wednesday , when the two houses ballot
Jointly for senator , and continue to ballot
jointly from daj to day llll there Is an elec
tion. As the balloting may continue In
definitely It Is not expected that the Inau
guration visitors will remain 'to ' add to the
chorus of bitter howling and countercharges ,
but some apprehend Iraultlng demonstrations
and even serious disturbances on ( Monday.
PROT.nS'llS . A B POURINC1 IN.
Letters and. telegrams from protesting re
publican clubs aad committees and others
continue to pour In from the counties on
the governor and the republican membeis
who are co-operating with the democrats , and
Ecmu of thesa messages .and missives appeal
to Senator Foraker to come to the relief of
the party by declaring It to bo the dutji of
11 republicans to stand by" the decree ot
the Toiedo state convention In supporting
Senator Ilanna.
In replj" to the reports about Secretary
Sherman , Asslslant Secrelary Baj" , Congress
man Grosvenor and others being made the
republican senatorial nominee , Senator
Hanna oild positively today he would cover
retire. Ho sajs bo was nominated by the
Toledo fitato convention for senator and can
not retire In favor of anjonc. If ho is de
feated the responsibility for disregarding the
decree of the stale convenllon will rest on
those who nro aoiv co-operallug with tbo
democrats The senator Insists that ho will
never withdraw , even If defeat should be
come Inevitable , but he sllll Insists thai he
will win oul before another week rolls
around.
Senator Ilanna , Mr. Kurtz and other lead
ers are now- almost worn out and they evi
dently have a long struggle still ahead ot
them ,
The standing committees have not been
announced In cither house and "the combine'
Is using Iho patronage to hold Its men In
line. In the senate today Senator Hurko
showed some tendency to co-operuto with his
republican collcaguco The democrats wanted
to report the committees , but Senator Durke
stopped It by faying bo would vote with the
republicans Later In the day Senator Burke
was In conference with , Hanna and ho spent
most of Ills time with the Ilaiuia workers.
DEMOCRATS WILL NOT CAUCUS.
The republicans announced jpsterday thai
they would hold no jolnl senalorlal caucus
lonlght and Iho dcmocrallc members made
the same announcement lodaj- . The anll-
Ilanna republicans will have no caucus , so
thai there will be no test ot slrenglh till nexl
TueeJajWhllo Iho Ilanna men are still
short three or moro votes oa the cuirent
claims oil both sides , jet "tho combine" la
having Its troubles In fixing on some ono who
: an command all the democratic vote as well
is tlial of the dissenting republicans ,
The Columbus Press , the democratic organ
3t central Ohio , tonight la its leading edi
torial sajs :
The organization of both houses of the
legislature on Monday , by a coalition of the
aomocrats nnd Fornker republicans , does
not prove that the. opposition to Hanni can
fleet a , senator. In older to select a sena
tor In opposition to .Mr. Ilanna It will bo
necessary to have u perfect coalition be-
hvoen the Uiynu democrats nnd the I'or-
Iker republicans , There mo no votes to
iparc , '
Mr. Huium nnd his assistants nro not only
trying to secure votes for him , hut they
ire by the tnmo means and methods trying
lo prevent the opposition to him from agree
ing on nnj' other candidate.
It Is known there nro democrallc members
sf the legislature who arc. much disinclined
to vote forany republican for senator nnd
nho would almost as willingly sco Mr ,
[ Iiinna elected senator as any other repub
lican ivho thinks nnd votes as < Mr , Hanmi
3oes on public questions ; but , as > cvery-
Dim of those democratic members voted for
Mason , n republican , for speaker of the
hoiiHu In preference to Mr , lloxvvell , also
& republican , who differed In novvlso fioin
Mason In political opinions , except ono Is
for nnd the other Is opposed to Hanna'u
election to the senate. It would now cpmc
| th rather Ind grace from any democrat
ivho voted for ( Mason to refuse to vote for
nn honest Hpublican for senator In opposi
tion to Humu upon the ground that he- was
' 4 * In pilnclplo opposed to voting for republicans
- tinder any clrcumstancea ,
The democrat who voted for Mason for
upeuker could have done BO only to signify
tits opposition to M , A , Hauna.
DEMOCRATS TO SOATTCR VOTES.
Low-Is Q. llernard , Iho democratic leader
from Cincinnati and the manager for John
R , McLean , said tonight : "Thero will bo no
tloctlou for tt long series of 'ballots. ' The
scatter their vote ? . " Thla In
taken < that the democrats will not bo able
Id agrco on a candidate.
The antl-Hanna republicans announce posi
tively thai tinder no circumstances will they
vote for a democrat. They will continue the
deadlock Indefinitely rather than elect a dem.
ocratla senator.
nx-Scnator Urico delivers an address hero
next Saturday night at the Jackson day ban
quet and his presence U anticipated with
come anxiety. '
Thij I'rc.3s la out with a sensational extra
edition tonight announcing that the demo
cratic prosecuting attorney has presented the
senatorial situation to the grand jury. In
referring ito thla inquisition the Press sajo
invorn statements have been RiibinltteJ to
Iho grand Jury from Representative and Mrs.
Griffith of Union county. Representative
George Spellmyer and Chris Monter ot Gin-
cinnall , Hon. N. R. Hjncll of Columblis
and olhers against certain workers for
Hanna. Thla affair Is pronounced as an at
tempt at Intimidation by the Hanna men.
unrmjLicANs NOT UISTURUHU.
The Hanna men laugh at the attempt to
Eccuro Indictments ogalnsl ccrlaln workers ,
and say Ihal the men who are spending the
money are the ones to raise the cry about
bribery. The cry of the opposition lias bien
that of ' "bosshm nnd booJlo" during the
contest. At the antl-Haai.i beadquirlcrs
they are confidently claiming a now ac
cession tonight , but refuse to glvo the name
of the member. Senator Huiko und several
other members got away Horn the pressure
tonight by returning to their homes.
Following clcso on the reports i boill Mrs.
Griffith taking a deep Intcicst In the vote
of her husband on the sonatorshlp committee ,
comes a report that Mrs. Snyder , the wife of
Representative Snjder ot Grceno county , is
taking an Interest In the contest , and Is
favorable to the opposition , Mr. Suydcr at
tended the republican house caucus last
Satuiday nlghl and voted for lloxwell for
bpcaKcr on Monday , but the opposition Is
constantly after him to vote against IlaniiL.
In connection with , the reports about Rep
resentative Griffith , especially about the pief-
eronccs of Mra Griffith , there are reports
that the wives of oilier republican membcro
arc being enlisted In the contest. And there
are reports that the wives of some demo
cratic members are urging their husbands
not to vote for any republican scualor , butte
to stand out for a demociat.
Mr. Kurtz and his associates are reported
to bo unable to control the antl-Hanna re
publican members for a democratic senator ,
and the McLean managers are believed to
have como trouble to get all the democrats
to tupport a republican for Eenalor.
Governor Bushnoll and members of bis
slaff attended the theater tonight and an
Incident occurred to cause much cheering foi
H.inna.
CONTDST GROWS DITTER.
The senate/rial contest liccamo more
bitter today than ever. After the
sensational developments last night
In connecllon with the repeated charges of
Representative Griffith and other doubtful
members , the skirmishing proceeded more
clandestinely on both sides. No claims of
changes were made oil cither side. It was
the purpose of the maragera In not holding
any caucus to bo able to keep their own
fccret till the balloting began a week hence.
It Is believed that secret compacts are being
made tliat will nol become known until ihe
votes of members arc recorded. The situa
tion today Is tbo same as after the caucuses
of Saturday night and the organization
of the. legislature on Monday. All those who
changed their preferences jesterdaji were
biought back during tbo night to thelr orlg-
Inal places. There was much comment to
day on the departure ot Congressman Gros
venor for Washington after ex-Secretary
Rjan aad others have recently been there In
the Interest ot Senator Hanna. The Hanna
men Insisted that there would be no legatee ,
whllo the opposition ins'oted that thej- had
Hanna beaten now and would defeat Secre
tary Sherman , Assistant Secretary Day or
any other cme thai Iho friends of the national
administration brought oul in place of
Hanna.
REPDAL- FRANCHISE LAW.
The fealuro of the day was Mio passage In
the house , as Its 11 ret measure and by a
unanimous vote , of the bill repealing the
law for fitly jtars franchises to street rall-
wajs. This tcpeallng bill was Introduced by
RcpicsenUtlvo Biamley oi Cleveland , vho
Is ono of the republicans opposing Hanna
After Dramley bpoko for his bill Mr. IJo\-
wcll re-plied cod charged IJramley with using
this bill for buncombe at this time. Doxwell
said ho voted for the flfty-jear franchise
law In the last legislature and was sorry for
It , but ho did not then understand the meas
ure and was Induced to support it by Sena
tor Foraker. who was hero at that time
The debate became general and it was freely
chaiged by members In their speeches thai
Senator Ilanna was at Iho state houbo two
jears ago , as well as ScuatM Foraker , lob-
byjng for the fifty-jcar street lalhuiy frun-
chlao law. Other proceedings in ilTo house
worn merely routine , but the old lines of
Monday weie drawn whenever the steering
committees EO desired.
In Iho senate lliero were no now develop-
nifiita , Senator Burke continuing to co-
cperata&wlth tlto democrats.
OPPOSITION GUTTING TOGETHER.
At 11 a. in. both branches of the legisla
ture met In jolnl assembly to canvass tbo
vote of tdo last state election. It was a
dull proceeding. During the two hours de
voted to ccovasslng tbo vote the senators
and representatives put in the tlmo confer-
rlne on the bcaator'al ' content. It was the
concensus of opinion ' .hat Hanna was thort
three votes and that tbo opposition was be
coming more concentrated on Kurtz for Ide
ehort ' .crm and Uushncll for the long term.
Tbero was much talk la the lobbies about
the references to Senators Foraker and
Hanna in the discussion of the fifty-year
atreot railway frauc-Ise law , The repub
licans raid Mr. Hanna was not a senator
two jears ago cr in anyi public capacity and
ihat ho did not como to the etate capital
and appear before tbo committee and lobby
with the members as they Mid the senior
Ohio senator did , The scenes at the Nell
house and the Great Southern today wcro
con'ilnucd ' wltb Increased bitterness and
counter-charges , but no changes are believed
to 1 ave been mode at either headquarters ,
At the Great Southern hotel there ore two
different headquartere co-operating and oc-
cupjlng adjoining suites ot rooms ,
NO CHANGES.
At the rooms occupied by tbe antl-IIanm
republicans no changes wcro announced , At
the rooms of the democratic managers thro
was quite a etlr over telegrams from ex-Sen
ator Ilrlco advising the dctrocrallc members
to vote for a democrat for United States sen
ator and not become an attachment to the
bolting republicans on 'national ' Issues. Of
the sIxty-rUo democrats In. tbo legislature
only three arc eald to agree with Brlco on tbo
financial question and 11 Is said they will nol
break away from the course that Is agreed
upon by their democratic colleagues. If
( Continued ou Seventh Page. )
DEBATE CIVIL SERVICE LAW
HOUEO Opens Up tbo Discussion of the
Question ,
PROMISES A TIHEE CORNERED CONTEST
Some I'nv or Hntlrc llcprnl , Some a
MiullflcnHnii nnil Some Oiiin < u * Any
Chniiftr ImrKi * Alt"1 nil mice
III ( hi ; lliiuxr. ,
WASHINGTON , Jan , 5. The civil service
debate began In. the house today , based on
Iho Item in the legislative , executive end
Judicial appropriation bill for Iho mainte
nance of the commloalon. It promise * to cm-
llnuo at least until the end of thla week ,
with a possibility that it may run longer.
But It is admitted on both sides that the
appropriation In the bill will stand , as the
nntl-clvll service reformers do not seriously
InUad to strike it out. The debate , there
fore , Is only preliminary to any program
which the enemies of the law may agree
upon.
The members of the house arc divided Into
three camps oa thL > question. Those who
stand by the law , those who .advocate Itn
entlro repeal and these who desire its modi
fication. These divisions were apparent In
the delate today , the nature of which , was
not as stirring as had been anticipated.
.Moody ( rep. , Mass ) , Grow ( rep. , I'a. ) and
Greene ( pop. , Nub ) defended the law ; Doclv-
try ( dem. , Mo ) , Robb ( dem , Mo ) and Pear-
eon ( rep , N. C ) opposed It outright ; while
Londls ( rep , Ind. ) favored modifications of
the law.
There was a very largo alleod-
anco In Iho hall of representa
tives when the house reconvened today after
the holiday recess. The galleries were
crowded. It was noticed that , with ono or
two exceptions , the members of the Hvdb
delegation , both democrats and republicans ,
were absent.
GO TO WORK PROMPTLY.
Without any preliminary business the
house went into committee of the whole to
tesumo eonBldcratlon of the legislative ,
executive and Judicial appropriation
bill. All the features of the bill
had been disposed of e\cept
the appropriation for the civil eervlco com
mission , upon which , by which previous ar
rangement , there was to be on Indefinite gen
eral debate.
II was proposed 'ihal ' G. D. Moody , repub
lican of 'Massachusetts ' , and Mr. Doekery ,
democrat of Missouri , control the time for
and against. Mr. Hepburn , republican of
Iowa , suggested that It was a three
cornered ccntost. "Tho democrats , " eaid
lie , "desire the entire repeal of The law.
Some of those on this sldo desire It to s'and ,
whllo a largo body of us desire a wholesome
modification cf its provisions. '
"Why does the geiitlenun aver that all
the democrats en this side of the house de
sire the entire repeal of the law ? " inquired
Mr Clark , democrat of Missouri.
"Simply because thai would Le wrong and
your side Is al'vays wiong , " retorted Mr ,
Hepburn , amid great laughter.
All suggestions as to the control of the
tlmo failed at last and the chair recognized
Mr. Grow , republican of Pennsylvania , who
spoke for twenty mimites in support of the
general principle of the cl/11 service law.
Mr. Moody of Massachusetts then made an
elaborate defense of the civil service sjc-
lem
DEFENDS THE LAW.
Mr. Moody ( rep. , Mass. ) followed with
an elaborate defense of the civil
heivlce , wl-lcli ho said protected offi
cials who received $70,000,000 in salaries per
annum. Yet he said he had no sympathy
with those who believed the law was perfeet
and should only bo modified by exlenslon.
He thought those who were placed undei the
protection of the law by executive eider
should bo compelled to submit to a tesl of
Ihelr cfllclency , and" ho also believed that
some method bliould bo found to preserve , if
not restore , the efficiency of the service. JIc
defended the administration of the law and
the character of the examinations of the com- ,
mission. In conclusion he declared that the
hostility to the law was superficial. The
sentiment of the republican party , ho In
sisted , was overwhelming In favor of the
party keeping the solemn pledge It had given
lo the people.
Mr. Mockery ( dem. , Mo. ) opened the
debate in opposition to the law , which he
argued was odious to the American people ,
and should bo repealed In toto. Ho pointed
out that the striking out of the appropria
tion for tbo commission would accomplish
nothing , as the commissioners could sue In
Iho courts for their salaries. The thing to
do , he said , was to pass a bill aimed directly
at the law. '
Mr. Robb ( dem. , Mo. ) and Mr. Pear
son ( rep. , N. C ) followed in op
position to Iho law. The lalter ,
who has been very acllvo In his hostility to
the civil service , law , contended that .life
tcnuro inevitably meant a civil pension list ,
whether the pensions should bo paid directly
oul of the trea&ury or ludireclly from n ro-
Uring fund collected from eraplovcs for that
purpose.
ATTEMPT TO REPEAL IT.
Mr. Clark ( dem , ( Mo ) asked whether the
republicans iwho were hostile to the law in
tended to bring in a bill for its repeal , to
which Mr , Pearson replied in the affirmative.
"Will > ou gentlemen on tbo other Bldo use
} our best endeavors to secure consideration
for II when 11 Is reported ? " asked Mr. Clark.
"Wo will make desperate efforts , " an
swered Mr Pearson , " \Ve will go to the cx-
tremo and vote with tbo democrats to seeuro
consideration. " ( Applause and daughter. )
( Mr. Landls ( rep. , Ind. ) favored a modifica
tion of the law , which ho said would doubt
less earn for him a reputation as a spoilsman.
He sneered at the professional chll service
reformers. Ho had never known those who
called themselves "the bettor e'loincnt" who
wcro not narrow , selfish , bigoted and danger
ous. They had bulldozed and cow03 national
conventions , and hypnotized presidents , whllo
they maraged themselves to sit continuously
at the banquet table. 'Ho denounced Mr.
Cleveland's methods in bis fcccond adminis
tration , describing particularly what took
place in the government printing olllcc , to
the head of which , ho said , 'Mr. ' Cleveland
appointed a man who would do the "dirty
work. " On a single day , ho said Public
Printer Hcnedlct discharged 750 men. That
was known at the government printing olllco
as "blosdy Monday. " On another day ho
discharged 420. When 1,800 removals had
been inado and about l.SOO democrats ap
pointed Mr , Cleveland pressed -tho button
and the civil service blanket was thrown
over them. > Ho read what purported to bo a
literal transcript of tbo reasons assigned for
the discharge of the republican employes in
the secret record of 'Mr ' , Benedict's private
secretary. Some of them were very amusing
'and kept the house in a roar.
When be bad conclude * . - . , ! . tbo rending Mr.
Perkins , republican of Pennsylvania , asked II
It was proposed to return lo a system which
made sucii a recital pceslbte. '
"No , " replied Mr. Landis , "but we wtat to
modify the law. " i
Mr. Henderson ( rep. , la. ) protested
against the production of tbo record
of ono man In condemnation f t'ao best SJH-
Icm jot devised for the purification of the
government service. Ho said the Civil Serv
ice commission did not endorse such work.
Unless the law was modified by Its friends ,
Mr. LandL ? fold , a democratic president and
a democratic congress would destroy It root
and branch. The law must bo rescued from
the clutch of the zealots.
Mr. LanJls w 19 vociferously applauded
when ho ccacludtil
Mr. Grceno ( po , ) . , Neb. ) closed the
< ! > sbtto : for Iho day with a speech In
favor.of civil scrv-lc. reform. Ho criticised
Mr. LanJIs , who , he said , urged the abuses
of the spoils svstom as an argument for a re
turn 1.0 that svstcm.
iMr. Richardson ( dem , , Tain ) In
reply to'Mr. ' Landls , asserted that the record
showed wheat the civil service was extended
to the government printing office that only
31 per cent of the employes had bcui ap
pointed under a democratic administration ,
vvhllo 44 per cent iiad betti appointed by a
republican public printer.
1U 4.55 p. 111. the house adjourned.
SI3VAT13 I-011.0\V.S MS VI ) OF 1IOUSU.
Civil bcrUco I.iiiv ( lie Subject of Dlx-
viiHilon There.
WASHINGTON , Jan. C. ( The presentation
of replies of the members of tbo cabinet to
the resolution calling for Information as to
the application of the civil service law to
the various departments of the government ,
togelher with the consld ratlon of the bill
establishing a bureau for the twelfth census ,
precipitated a sharp civil'scrvlco debate in
the senate today. Mr. Ctillom ( rep. , 111. ) , the
author of the bill , thought the modification
of the law ought to bo made as the. authorl-
lles had drifted far away from the original
intention of" the authors of t'ao civil service
law. Sir. Allen ( pop , Neb. ) charged that
the law- was openly and dally violated , and
eald It was a hiss and by-word among the
people. Mr. Cockrcll ( dvim. , Mo. ) declared
that It WM presumptuous in Secrclary Sher
man to make recommendations to congress
that cot tain positions In his Vilcpartmc.nl
should bo cxcepted from the classified serv
ice , when the president had full authority
to make the exceptions he recommended. Ho
oilE'al an effort was being made lo llo Iho
president's hands.
Mr. Davlb , chairman ot the committee on
foreign relations , gave notice -that bo would
xl Monday , and dally thereafter , move thai
Iho senate consider in executive session the
Hawaii trealy , until It was disposed of
'
finally. /
There was only a small attendance In the
senate today. Mr. Allen of Nebraska ffloke
on the Immigration bill and"dcclared in favor
of consular inspection of Immlgrauts.
CENSUS BILL CALLED UP.
Mr. Carter of Montana called up the bill to
provide for taking the ne 'ceasus and ar
gued against making the , appointments
through Iho civil service commission , saying
11 was a preliminary measure c d provided
only for thirty-two places.
Mr. Cockrell of Missouri replied , declaring
t'aat Iho republican iiary WEB backing
Equarelj" down from its position on the civil
service question.
A report by Secretary Sherman on the civil
service was read anJi Mr. Cockerell of Mis
souri said it was a most remarkable docu
ment , being a request on ccagress for legis
lative action which was In the power of bis
chief by executive order.
Mr. Teller ( sll. rep , Cole ) spoke
at torno length In support of the Idea
that the census bureau should not be a par-
llsan bureAu , and lhat Us employes should
Ihereforo bo placed In Iho classified scrvlco.
Ho was parllcularly anxious that honest ,
competenl men should perform Hie work of
tbo next census , because bo had knowledge
of Intentional mtbstatementa and Intentional
fraud that had been perpetrated by one sta-
tlBtlcal department of the government In
making out that the world's pioductlon of
silver was $10,000,000 laigcr than it actually
was. Ho was prepared , ha said , to establish
this statement , If necessary , to the satisfac
tion of a jury. If the men whoso appolnt-
menl li provided for by this bill are compe
tent they ought to have the protection of
the claEBlfled service. Properly administered ,
said be , the civil service law Is a wise meas
ure. It has , however , been badly abused ,
and thus brought Inlo disrepute. Civil berv-
ice has come to stay In this country. It will
stand and only reasonable modifications of
Its application will bo made. Some such
modifications may bo desirable.
WANTS THE WORK TIErORMED.
Mr. Chllton idem. , Tex ) in an ex-
londed speech in which ho dlsciitscd Ihe
work of previous censuses and indicated , the
enormous amount of work unnecessary and
Irrevialant that had been performed , declared
that It was a scandal to have Issued so many
volumes as seemed necessary to cover Iho
work of Iho census of 1S80 and 1890. Ho ex
pressed a hope lhat the effotls of Iho gentle
man from Maine ( Halo ) to reduce to rea
sonable proportions the topics to bo handled
by the twelfth census would bo successful.
Quito unexpectedly a lively civil service
debate vvua precipitated jusl al the close
ot ithe session. Mr. Carter , in charge of the
iblll , said ho would have Iho 'measure printed
with amendments that had lccn offered to
It and for thai purpose would consent lo
have 11 temporarily laid aside. He Ihcn
moved Uhat the fcn'ato ' proceed to the con
sideration of executive business.
Pending the passage ofbat { motion the
vice president laid before 'tho ' senate the
reply of Secretary Sherman to Iho senale
resolution requesting information 93 to the
application of the civil service luw in lib
department.
Mr. Cockrcll ( dem , , Mo. ) was on his feet
Instantly upon the conclusion of the rending
of Secretary Sherman's communication
'Coming from Secretary Sherman , who
ceived long years in congress , 1bU communi
cation must bo regarded as a very icmark-
able document , " he said. 1Tho ( picaldent
himself , as Secretary Sherman well Knows ,
has ample authority to modify the law In
accordance with the recommendations of his
cecrotary of state. The extension of the
operation.'of tbo law has teen made by ex
ecutive and not by legislative action. For
a secretary of atato to cometo congresu
for such relief aa Mr. Sherman requests ,
when .his own chief , the president of the
United States , has full power to act , is pre-
tumptuous. " *
ALLEN DEFENDS SHERMAN. .
iMr. Allen said that In making bla reply
Secretary Sherman bad simply coaiplted with
the explicit request of the senate and ho
had the resolution read to show that It
called for suggestions for moUlficatlons that
the cabinet officials might have to make ,
Mr , Allison did not think that senators
( Continued on Third Page. )
FINISHES HIS BLOODY WORK
Slayer of Baker and His Wife Also Kills
Himself ,
MURDEROUS BROTHER ENDS HIS OWN LIFE
Trull oil 1 > > - lllooilliunnilii < i > n llarn ,
AVlicrv the Demi lloilj * AVnx
Kiniiuliy \ ( lie I'IXHC fevut
I Otlt 111 I'llt-Mllt. ,
rAIRDURY , Neb. , Jan. C ( Special Tele
gram. ) William llaker , the murderer ot his
brother , Gcorgo Daker , and the latler's wife ,
killed himself during the night by blowing
out his brains with a shotgun.
Bloodhounds were brought from Lincoln
on the evening train and at once put to work.
They followed the trail from the scene ot the
murder and found where Baiter had been hid
under a bridge during the day. From hero
tbo trail led to the barn of Andrew Dakcr , an
uncle , against whom the murderer had made
threats , and It Is supposed his object In going
there was to shoot him also. The barn was
guarded until davlight , when It was entered
and the bod'y ' of the murderer and sulcldo
found.
George Daker , the vlellm of his brother's
wrath , came liero about eighteen jcais ago ,
and had'been farming ever since. His wife
was a daughter of John Moler , a well known
farmer of ( Meridian precinct. They leave four
children , the oldest about 13 and the
jouugcst G jears of age. The Iwo brolhcrs
worked together for a tlmo , 'but quarreled
over some business mailers and for borne
years Iiad not been on speaking terms and
William had made thrcals against his brother
and ! sister-in-law , but no attention had been
paid to them. The two brothers wcro nephews
of the six iDaker 'brothers who have lived
here slnco 1S63 , and are among the best
known business men and farmers In this
vicinity. Some of them would probably have
been killed by William If bo had been given
the opportunity , as bo had threatened to kill
all of his relatives.
ALV1IV1I.V AT Til 13 .EXPOSITION. .
iu Commcrclnl Club < < >
Mnke n Klue HililbU.
niRMIi\GH AM , Ala. , Jan. 5 ( Special Tel
egram. ) The tpcclal commltlec of the Bir
mingham Commercial club appointed to ar-
lange for an exhibit of the resources ot the
Birmingham district at the Transmlsslssippl
Exposition In Omaha , met today and per
fected its plans. Funds to defray expenses
will be provided by the membcra'cl the dtib
and the Industrial companies and a complete
display , especially of minerals , will bo se
cured ami a building constructed so it can
bO'takcra down aad shipped lo Omaha , where
it will house Ihe exhibits. The Industrial
companies of north Alabama alitady have a
movement on foot foi an Omaha exhibit
Their representatives have been Invited to
meet the Commercial club commltlco ncxl
Wednesday , with a view to co-operation , seas
as to eccurc the largest and best exhibit
possible for all north Alabama. I
CHEYENNE , Wjo , Jan. 5 ( Special Tele
gram. ) The following named were appointed
today to solicit descriptions for tbo Wjo-
mlnlng state exhibit fund for the Omaha ex-
posilion : n\-Sesalor J. M. Carey , Hon. A.
D. Kelley , Mayor W R. Scbnllger , L. II.
Bresnahen and M. R. Johnston The commit
tee expects to raise the necessary funds
without trouble.
DENVER , Cole , Jan. E ( Special Tele
gram ) It was decided at the meet'og be
tween Major McMurray and ( Manager
Meschko of the Tiansmlsslsslppl Exposition
board , that the Chamber of Commerce was
the piopcr authoritj to call the mass meet-
lag to prepare for Colorado's exhibit. Presi
dent Monash , presldenl of the Chamber of
Commerce , favois the plan and will call a
masts mcetlrg In a few dajs. Major McMur
ray has appointed a committee to look after
the Interests of Denver and Arapahoe county
This committee will atlend all Iho meetings
of the board. The major has also promised
to attend the mass meeting and make a
speech.
I3M * UIGIJ Tim I 0\\I3IIS OK POLICE.
four ! of Appeals ItonilcrN an
ImiMirtiuil Opinion.
ST. LOUIS , Jan. D. A ruling greatly en
larging the powers of the police officers has
been made by the courl of appeals In Iho case
of Iho state against E. G. Hancock and
otheis. The others are police officers and
were convicted In the court of criminal cor
rection of assault and battery In arresting a
woman for disturbing the peace wllbout hav
ing witnessed the offense.
"Under the common law , " cites the opin
ion , "a sheriff , constable or police officer
cannot arrest for a iiast offcnso lower than
a felony without a warrant. This rule has
been enlarged so as to glvo the police of.
fleers of the city of St. Louis power and
authority to make arrests without warrant
for offenses below the grade of felony , pro
vlded that the officer who arrests for a past
mlsJemcanor lias the name gro.md of reason
able suspicion as would justify him at com
mon law In arresting for a felony alrcad *
committed. "
SPAMIS nv HIS .vi.iirii : > . .si.xnnn. .
Itullernti-H HlN Slntfiiicntx
Anthony ConiNlncl.- .
NEW YORK , Jan , C. The hearing of the
long pending suit for $ GO,000 damages for
defamation of character brought by Anthony
Comstock of the Society for the Suppression
of Vice against Dr. Montague It. Lcvcrfeon
of Fort Hamilton , commenced today la the
United States court.
During en altercation between Comslock
and Lever&oa al the Now York Central sta
tion In Albany , February 19 , 1S9C , the pris
oner Is accused of having made the follow
ing public declaration : "Ladles and Gentle
men : This man la Anthony Comslock , a no.
lorlous blackmailer , who never earned an
honest dollar in hU life , "
On the stand today Dr Leverson said ho
Relieved what ho said of Cometock to be true
then and today ,
rolllxlon of I'VrlnliI
JIANISTE1) , Mich , . Jan. G.-Tho rear end
of ( \ Toledo , Ann Aibor & Northern freight
train rushed dovvn Church hill past the vil
lage of CopenilBh today and dasbed Into a
ManUtco & Northeastern freight engine
standing on 110 crossing taking water , The
engine wn completely wiecke-d. Conductor
Jones Is reported to bo dying , Engineer
Andrew FlUell and Flieman Urcott of the
MunUteo & Northeastern are at their
lomes In thla city with more or less serious
njurles , The accident mas caused by the
Ann Arbor brakeman cutting the. train In
two on a steep grade on the supposition that
the conductor \VQUlJ h,9ld It/ ' * " * ' *
THE BEE BULLETIN.
iVfathtr rorccntt for Nebraska
Tnlrj Soutliwetl Winds.
Pag * .
I. Iliinim l'ropo os to right It Out.
C'oiigrr Dulmtrs Chll Srrilco.
1'nlrlmry Murderer Commits Suicide ,
llnrllo } .Must ( In to 1'rlnon.
5. Vnrlous Vlcv\s on the Chll Service.
II , Oliver Mink Itrtnriift to Omnlin ,
I.rltrr Still llolil < 111 * Wheat.
4 , Killtorlitl uml Comment ,
0 , I'reu tlulIilliiK Spice at the. nvp °
WratmtiiMer Church Calls Dr.
ATaIn at South Omnlm.
0. Council lllulTg l.ncnl Matter * .
DCS MoliH't l.mmtln Commit * Mnrit4
Current Sporting Uosslp nnil News , j
7. Oenornl No of the 1'nrther West.
0. llltihcatk lloforn Judge Kejsor.
W ( nil tip of the County lloitnl.
0. Complaint li.v Iowa ( ImliiMen ,
Keport of City IClcctrlt Inn.
Mod i-li of nxpoaltlon btulunry.
I'ollcn CommU lon In Jcnpnrily.
11 , Commercial mill riimmliil News.
13 , Klectrklty IIH n htliiiuliint
mum vvr Ai'i'iio VCUIM ; TIIII UMJ.
Another riillurifotinH lo Kttnrtit ( o
.Sure Him.
SAN FRANCISCO. Jan. G. Although the
nttornojs for W. II. T. Durrani , the con
demned murderer of Hlanchc Laniont , were
considerably disconcerted iby the denial o.
their application for \\rltof habeas corpin
anil permission to appeal therefrom , In the
United States cticult court this morning ,
they ha\ci jet t\\o nuro moves , by means
of which they hope 'to ' pre\cnt the- execution
of their client on Friday next. These aie
to appeal to the governor for a reprieve
and to apply to Iho supreme court of the
United States for an appeal from Iho cir
cuit court decision denjing the petition for
a 'writ ' of habeas corpus. Allotncy L. P.
Iloardman , who left here on Saturday last ,
is expected to reach Washington tonight
and \\111 probably inako the latter application
tomono.v morning. While little lellance Is
being placed upon the go\ci nor strong pres
sure Is ibelng ( brought to bear upon him on
behalf of the condemned murdcicr on 1 no
Blcno Is being lott unturned In the effort
to gain e\ecutho clemency.
Meantime Warden Halo ha i . "already " com
pleted all his anangcmcnts for the cairylng
out of the sentence and so little faith have
Durrani's parents in Hie efforts to have
their son that they have requested Rev. Wil
liam llador to mount the scaffold with the
conlcmneJ man. They also attempted to
make arrangements Jtor < tuo funeral of their
son after\the execution , .but learned to their
dismay that there was a decided objection
on the part of the cemetery officials of thla
city to permitting Durrani's ibojy to be In-
leirsd , on account of the publicity -which his
case has boon given.
SAN QUENTIN PRISON , Cal. , Jan. C.
Theodore Dunatit has entirely given un
hope , and BO has his father , who came o\er
tills evening v\lth the news that the United
Statea dlstilct and circuit courts were closed
to all further apocals or writs delajlng the
execution. Doth arc now convinced that the
young murderer will bo hanged on Friday
When told tlat Governor I3udd had taken
under advisement the application trade this
afternoon by his attornejs , John II. Dlckl'i-
son , W. W. Foote , T. C. Coogan and A. A.
Sanderson , for a commutation of sentence to
life imprisonment , oral least for a icprleve ,
Theodore Durrant sorrowfully remqrkcd tlial
ho had llltle to hope for from the governor.
The elder Durrant has finally decided not
to bo present at the hanging Ho so noti
fied the warden tonight , making n number
of requests which Warden Halo granted
The father of the condemned murderer asked
that after the execution the remains of his
son bo at once placed In the coflln without
autopsy and Inquest , and that the black cap
bo not removed , so no ono would bo per
mitted to nee his boj's face after death. Ho
also asked that the rope bo burned after the
execution , BO thai It could not bo cut up and
bits distributed as souvenirs.
The condemned man iccolved spiritual con
solation today from Ilev. William Radcr , a
Congregational minister from San Francisco ,
haplaln Drahmns also came and Rev. Father
Lagan of San Rafael , who has ficqucntly
visited Durrant , Bald farewell today ,
iivvu ( illHAT ivrnimsTs ix CHINA.
Senator Prj < 'MIJM 7)lHiiiciiilicriiii'ii (
Wo 11 111 HiHarmful. .
NHW YORK , Jan. G Scrator Trjo of
Maine , discussing the Oriental question , said-
"This country la vitally Interested In the
elluatlon In China. Wo have very great In
terests there now and will have much greater
In the future , vv.ilch would bo detfirojed by
the partition , of the empire. I fancy , Jiovv-
over , Hut the dismemberment will not occur.
It will not unless all the powers , excluding
the United States , reach an agreement to
bliaro the territory. While England and
Japan reals ) , I think there can be no rartl-
tlon of Onlnn , "
"Would wo suffer less from a partition
agreed upon thus Uian wo would from coo
in which England and Japan did not partici
pate ? " w > j asked ,
"We would suffer more because thai would
mean an agreement of policy between the
foreign powers anil thai policy would bo an
tagonistic to this country. Our moral In
fluence should be used to prevent Iho con
summation of 'tho design. If Japan and Eng
land ccallnuo to oppose the dismemberment
of China , our moral support must naturally
bo with tnein. "
\VomniL I'ulNotiH Ilcrxrlf ,
KANSAS CITY , Jun. D. A woman , whose
name Is given OH Mrs. ntta Mitchell , died
at the pollco Htatlon today of poison , ec-lf-
admlnlslercd. At a local hotel yesterday
Iho woman icglslcred from Topcka , Kan. ,
lul no micli person is known there. Ueforo
taking1 Iho poison the woman left n note
Tor Hurry Johnson , a telcgiuph operator ,
and In a notation on the envelope Bald that
10 would bury her. Johnson , who works for
a local gialn firm , refuses to talk of the
case.
fUov ( 'incut * of Ocean
At New York Arrived Hovle , from Liver
pool ; Mnssalla , from Marseilles. Balleel-flt ,
Louis , for Southampton ; W-isterland , lor
Antwerp ,
At Southampton Arrlvod-St. Paul , from
New York. Sailed Latin , for Now York.
At Naples-Sailed Augusto Victoria , for
New York ,
At Amsterdam Arrived Kdain , from Now
York.
At Liverpool Arrived Majestic , from New
York ,
At Brc/nen Arrived Weimar , from New
"
ork - 1'V ' - -
-
JOE BARTIEY'S DOOI1
Court Affirms Sentence Passed 5j
Omaha Oourts ,
APPEAL OF THE EMBEZZLE ! }
Against Him on Every Material
Point
EALING STATE CREDIT IS A CRIMB
Act Amounts to llio Actual Taking a
Cash Money !
DOUGLAS COUNTY HAD JURISDICTION
Can NO WIIH .rrmiorly Drought
Trial ami Umint ° -
for > Altoi-ncyj
Hud 1'ull Authority ( o Act
lit tile CIINC. ,
LINCOLN. Jan. G ( Special. ) At G 20 thll
evening Judge Norval pronounced the doom
of the Nebraska supreme coutt en Joseph si
Haatlcj' , convicted of the embezzlement ol
state money to the o\tcnt of $ J01SS4.0G. Tha
appeal from the Judgment ot the Douglas
county district couit Is dismissed and tha
finding and sentence of the court below U
affirmed.
According to Ibis Dai Hey Is doomed to a
term of twenty jcara in the penitentialy.
nnd to pay a fine ot double the amount ot
Iho Btiiu ho Is convicted of stealing. Hvory ;
point In the control eisy vvas coasldoicd bj
the court in making Its decision and In every
point Is Iho sldo of the state upheld. Tha
main point on whloh the etato relied foi
conviction and on v hlch tbo convicted maij
based his hopes for icleaso was that cou
corning the nature ot the thing alleged to
have been embezzled. It was argued by
Hartloj's attorncj's that the embezzlement
of credit In the bank was nol embezzlement
of money and lhat the Indictment and veN
diet wcio both faulty In this respect. On this
j polnl Iho decision Is especially clear. The
courl explicitly holds thai Iho act by vvihlch ;
Hartley transfeircd Iho crcdll ot Iho slala
at the ibank and applied Ihe procer-la to hl $
own pin peso was as much an embezzlement
as though the money had ibecn paid to him
over the counter and bo had then paid It
out again hlnlEclt on Ills own account. Tha
jurisdiction ot tbo Douglas county district
court la upheld nnd the power of the pros ,
editing attorney of Douglas county to begin
the action without especial Instructions ta
do eo from the auditor of public accounts
la afrit mod.
u
SYLLABUS OP TIID OPINION. V
As befits ho Important a case , the opinion
Is very lengthjIt goes Into detail on each
of the twenlj--threo points covered In Iho
sjllahus. II was written by Mi. Justice *
Norval. Commissioners Irvine and Ransom
expressed no opinion In the case. The other ;
Justices and Commissioner Rngan assenti
The sjllabus of the opinion folloi.s :
Joseph S. n.artlcy against The State nS
Nebraska. Appeal denied nnd judgment af-
lirmed.
1. On a motion to quash an Information
the district couit will not Inquire Into the
\alidltjr of the warrant of niiesl Issued by
the examining magistrate.
2. In a piosccutlon for the crime of cm-
be/zlement Iho pendency against the. nc-
cu cd of n former 'nformallon In the iMs-
tilct court of anothci count j' ci.arglng 1 Inn
with the embezzlement of the smie proper.y
within thai county la no ground for abate
ment , i
3. Krror cannot bo picdlcatod upon tlm
overruling of a demurrer to a count In the )
Infoimatlon where a nolle prosequl Is sub-
scqucntlj' entered to such count.
4. An Information , In the caption ami
vcnuo of vvhlci a given countj- and Htnto
aio named , whleh charges that the defend
ant "In the countj' aforesaid , then anil
there being In said countj' , " did commit a.
given crime , nufllclcntly alleges that thu of
fcnso wag committed In the county stated
In the cniptlon and \enue.
5. The pliico of the commission of nn of
fense charged In ono of the counts of the
Information Is sufllclcntly sot foith by aver
ment thai the defendant "In the county
aforesaid" did commit the acts constituting
the offense , whnro by a former count the.
county and htate are definitely stated ,
C , An election by the piosecutor to pro
ceed nlono under orjfl count does not so far
tnko Iho other counts nut of the Infoi million
as to destroy the effect of a rufeicnce , lo
them as to lime nnd place.
spnciAL miincTioN UNNucissAnr.
7. A county attoinej' of the pioper cuiiutjr
nmj' institute n criminal proceeding against
a state treasurer for the embeiv.luncnt of
the monej's of thu state , notwithstanding *
sue" ! prosecutor had i ecu ! veil no directions
from the auditor of public accounts to tuko
Mich step.
R. An Information for embezzlement Is puf-
flclcnt If If sot ( orth the ciline In the lan
guage of the utututo cieating It without
averting the paitlcular acts la which thu
offciiHo consisted.
9 , An Indictment against a state treasurer ,
which charges the embezzlement to his onu
use of a certain * um of money belonging to
the state , Is sufllclent without nn allegation !
that n demand for the money was made
upon him by his successor In olllce ,
10 , Whuro different folonliw of the same
general character or grade ate charged in
different counts of an Inform itlon It l
within the discretion of the trial com I to
require the prosecutor to elect as to counts.
Korth against State , W Neb. , 01. .
11 , No election Is icqulred between countJ
charging the same offcnso ,
12 IJrror cannot bo predicated upon tha
ovci ruling of a challenge to a Jut or for
cause , where the record falls to dlscloso
that the complaining party exhausted hli
peremptory challenges ,
13 , The evidence In the caga la Riilllclcnt
to sustain a conviction of the embezzlement
of the moneys of the state ,
14 , Warrants drawn by the auditor of pub
lie accounts upon the Mate treasury are not
negotiable. Instruments ,
CONSTITUTfiS CASH.
15 , The giving of credit an a deposit for trim
amount of a check by the hank upon which
it is drawn Is , in contemplation of law , u
payment of the check In money to tno eamJ
extent ns though the currency had beein
paid over the counter on the check ana
Immediately redeposlted by the payee , ,
10 , A ntuto treasurer , who for an unau
thorized purpiflo draws a check on a Htoto
depository bank having money of trio stnto
therein , which he de-livers to the payee , uiulf
the bank on prcs ° ntnllon of the check placctf
the amount thereof to thu credit of a third )
party whom the payee representa in thai
'
transaction , und at the same time '
