THE OMATIA DAILY TlTlRi TWTTItsnAV. .lATSTTTATTV in. 1SOfl.
Grand Army of the Ilepubllc circles. Thcio
Grand Army of the Ilcpubllc candidates nro
Tom Majors , U. E. Adams and I' . K. Valen
tine , who have each two volts that might bo
used to advance the old soldier position. A
number of other votes nould doubtless be
within roach of' Judge Hayward If they
tvould Rumce to make him , but as usual the
vote that can bo had only when It will
tnako the man Is seldom useful until It Is
no longer needed , and for that reason the
Hayward men nro not counting strongly
upon them.
Ititle Hope of n Cnnciu.
Under tbcso clrcumstarices the outlook for
caucus work Is not very promising. As a
matter of fact none of tho' candidates are
over-anxious to go Into caucus and moat of
them are positively opposed to It for the
present. With a third of the votes scat
tered In ones and -two and threes among
men all thinking they have a , fighting
chance , the disposition to push along for-a
while In open session cannot be repressed.
There Is nothing In the Jaw to prevent the
legislators from taking more than one bal
lot each day , but4 none -of them appear to
'
bo In a notlceaulo'hurry.
A mistake was made by the recording
clerk yesterday In giving the vote of Smith
of Sallno to Van Duyn when It was really
cast for J. H. Van -Uunen of South Omaha.
This was reinforced by a repetition today.
The Douglas county men are naturally
elated at having a second Douglas county
tnan represented In iho senatorial list.
Senator Van Dusen said this morning that
his forces , had been holding hourly caucuses
nil night and voting unanimously to stand
solid for tholr first choice. In the Inter
val , howe < cr'Senator Van Dwcn keeps on
throwing lit * Vote away'on Webster , when
It might Just as well DO added to his own
nest egg. ,
.No Immediate Solution.
Replying to an Inquiry for his view Of Ihe
situation , a well1 known republican who has
been honored "by the party said :
. No man
"I sco no immediate solution.
has any assur&ce nsvyct that hfi will carry
off the scnatpr hlp , , Whlle Thompson , Is
credited with the shrewdest management
to.thft largest following - '
and Hay want-can point .
lowing , neither of them- have any decided
advantage over Iho man with one or two
votes who Is In a position to profit by. the
disintegration of his competitors' forces. .
Ordinarily the fleld Is- against the strong
man but wo have the remarkable spectacle
of the field trailing In his wake apparently
for fear of a candidate who , BO far as visible ,
has only one-fourth the strength of the
loader In the race. Such n situation cannot
he maintained longer than a day or two
more. ' ' ' ' '
The crowd of spectators and on-hangers
attracted by the senatorial contest is If any
thing increasing. ' The hotels are nil
crowded 'with people stowed away on cots
and sometimes refused accommodations.
While most of the newcomers are politicians
more or less related to the bar In all Us
various senses , a good representation of
business men Is visible. At the noon hour
when the 'balloting was scheduled every sit
ting or standing space In the hall of the
house was taken , with pages piled one on
the other on the speakers' platform. Tick
ets were used-to admit the public to the
floor and the popularity of the members
with friends seeking admission perceptibly
heightened. All this 1 $ fun for the refresh
ment-venders .and hotel keepers , who , with
out a dissenting voice , favor Indefinite pro
longation of the senatorial struggle.
, * " " -
TO CL'HE A COLD IN ONK DAY
Take'Laxative Brome Quinine Tablets. All
druggists refund the money it It falls to
euro. The genuine has L. D. Q on each
tablet.
-PROPELLOR OF GRANT BROKEN
Snlllna of.Trrtmnport lo\MnoJIn \ Likely
' *
to HH.Dr uj-e'd on Ac-count of
the Accident.
i i ' "
NEW YORK , Jan. 18. H Is very doubtful -
ful If the troop transport Grant will get
away on its long voyage to Manila today.
It sustained an accident to Us propeller as
It was "being 'towed ' to the anchorage oft
Liberty Island last evening , the extent of
which has not yet been ascertained. There
is besides an Impression that It will be
necessary to put a new dynamo on board
the Grantbefore , It sails.
The party of government officials -which
left Washlngfon at midnight to bo present
'at the departure of the Grant arrived at
Jersey City early today. The members
boarded the government steamer General
Melgs , nnd were taken down the bay , to
where the Grant was lying off Liberty Is
land. The party included Adjutant Gen
era. ! Corblfi , "who represented Secretary
Alger ; Quartermaster General M. I. Ludlng-
ton , Major George H. Hopkins , Brigadier
General Henry M. Duffleld , Senators War
ren , Mitchell and Proctor , Representatives
Grlffln ( Marsh , Fenton , Belknap , McDonald ,
Lcntrt and Jott.
anil Pliynieinnii.
vaccine virus fresh every day.
" '
Tho" fiercer h'emlcal Co. , Omaha ,
TRUST CLAUSE IS INVALID
Aduliih Sutra' * Ileiiueat * to Charitable
IiiHtltatlouB Will Itcvert to
the Heir * .
SAN FRANCISCO , , Jan. 18. The trust
clause In the tlll of 'the ' late Adolph Sutro ,
In which hoi bequeaths much of his most
valuable property to , charitable and educa
tional purposes under certain conditions , baa
been declared Invalid -by Judge Troutt and
the estate will revert to the heirs.
At any time within a year otter the ad
mission of the/ will the probate contest can
be filed , 'but ' It Is not anticipated that the
trust clause will cause any further trouble.
One contest has already been prepared ( or
filing. Mrs , Clam K. Klug claims to be the
contract wife of the millionaire , by .whom
she asserts she bore ( two children , Adolph
nd Adolphlne Sutro.
FLEET FOR. MANILA IS READY
Third and Twenty-Second Infantry
ItpRlmcntM Are to Embark on
Ohio and Senator.
SAN FRANCISCO , Jan. 18. The last
fleet of transports for Manila will sail from
this port In a week or ten days. The Scan-
tlta , Morgan City , Senator , Ohio and Centen
nial will all leave within a day or two ot
each other. The Twentieth Infantry will go
on the Scandla and Morgan City , and the
Third and Twenty-second infantry regi
ment * on thV Ohio and Senator. The Cen
tennial , which Is expected In from Seattle
on Sunday , will carry to Manila a load ot
rmy freight which Is now watting for It.
The Senator and Ohio will bo ready for use
again about the 26th. The Scandla will be
ready on the date promised , the 25th ot this
month.
iT IS WONDERFUL
How Much Good was Dona by Thl&
Remedy.
41 Last spring Ivas BO much run down
in health that I could hardly , Uko care o ,
myself and family. I procured a bottli
of Hood'i Barsaparllls and began takln ;
it , and in a abort time I felt better. I die
not have any tired feeling when 1 arose it
'
the morning. I believe Hood's Sartapu
rllla la a wonderful blood purifier and w
use no other medicine in our family.
MBS , WINNIE DUTTON , Edgar , Nebraska
H90d' Pills cure nausea , indigestion. SSo ,
SKIPTON UP BEFORElflE BAR
Fillmore County Judgj Galled to Account by
House of Rapmentatires.
HE IS FINED FIFTY DOLLARS AND COSTS
lleniln III * Defenie and Itcfcr * to
Member * In CoiitciniitnonH Term *
* Report of Committee Un
dent * Ilenjnntln ,
( Continued from < First Page. )
every person. ' As for the other matter
mentioned by the gentleman from Furnai It
nan plain that when the Judge of the Fillmore -
more county court arose from hU woolsack
and came to Lincoln , the court adjourned
and the Individual appeared here.
Motion to Itcfcr In Lout.
The motion to refer to the committee was
defeated by a vote ot 40 to 57 , as follows :
Yens ,
Anderson ( Flllmore ) , McOlnlry ,
Benjamin , Memmlngcr ,
Boulter , Moran ,
Carton , Morrison ,
Cnwthru , , Murray ,
Cosgrove , Peck ,
Crockett , Slecke ,
Dobry , Bmlth ( Butler ) ,
Knstmnn , Sturgess ,
Ehvood , Swan ,
Flynn , Tnnncr ,
Fritz , Taylor ( CuHter ) ,
Grundataft , Taylor ( Flllmore ) ,
Grell , Thompson ( Clay ) ,
Grosvenor , Vandegrlft ,
Johnson , Watson ,
KIcster , Weaver ,
Lemur , Wheeler ,
McCarthy , Woodarcl ,
McCrackcn , Wright 40.
Naya
Anderson ( Lano's'tr ) , Hicks ,
Armstronglloucki
Belpncr , Jansen ,
Berlet , - Jonen' ' '
Beverly , Lane , :
Blake , Mnnn , "
Bower , . Mllbourn ,
Hrodcrlcky . Mycro ; . .
Burman , Ncsblt ,
Burns , Olmstead ,
Chambers , Pollurtl ,
Chlttendcn , , - Prince- , .
Cox , Roupe.
Cunningham , Sandnll.
Detwcller , . Schulble ,
Dlttmar , Scott ,
Eastcrllng , Smith ( Richardson ) ,
Endlcott , Smith ( Saline ) ,
Evan , Smlthberger ,
Fisher , Thompson ( Merrlck ) ,
Fuller , Tucker ,
Grafton , Walling1 ,
Hall , Wenzel ,
Haller , Wllcox ,
Ilarkson , Wyman ,
Harris , Toung ,
Hustings , Zellcrs ,
Hnthorn , Mr. Speaker 67.
HIbbcrt ,
Prince of Hall offered a resolution provid
ing that the flno specified in the attach
ment bo remitted , except the costs , provided
the order ot the house In relation to the
delivery of the ballots be complied .with
within twenty-four hours. The resolution
was adopted.
Hcport In I rneP Favor.
The committee on privileges and elections
made the following report :
"To the Speaker and the House of Repre
sentatives In the matter ot contest ot Beat
for Sixty-seventh representative district ,
Frank Israel against George W. Benjamin ,
the committee reports that It has counted all
the ballots cast at the election In said dis
trict for said office November 8 , 1898.
"At said election for such office Frank
Israel received 1,137 votes and George W.
Benjamin received 1,082 leaving out of con
sideration the votes In all the precincts ob
jected to by fuslonlsts , viz. : Bussell , Pearl *
Logan , Pioneer and Flsher , in Chase county ;
'
Highland and Swan L'ake'fn Hayes'county ,
Stratton in Hitchcock county , the votes re
maining are : Frank Itrael.i 1,005) ) .George
W. Benjamin , 053.
"Frank Israel having received a'clear ma
jority of all the votes cast In the Sixty-
seventh representative district , cast for the
office of representative , wo recommend that
he be awarded the seat therefore in this
house and that George W. Benjamin be
ousted therefrom.
"ALLEN O. FISHER ,
"Chairman.
"R. H. OLMSTEAD ,
"T. T. YOUNG ,
, "JOSEPH BURNS ,
"R. A. DITTMAR ,
"CHARLES E. HICKS ,
"GEORGE U. JONES ,
"H. M. SMITH. "
Ileport Uoea Over.
After the reading of the minority report
a motion was made to adopt the majority
report. There was a general debate- , and a
general laugh was raised at one time when
Burman and Beverly of Douglas arose and
addressed the chair at once.
"The gentleman from Douglas , " said the
speaker of the house.
"Which one ? Him or mo ? " Inquired
Burman ,
"I said the gentleman from Douglas , "
said the chair , with some stress on the word
gentleman. "
Beverly sat down and Burman remained
standing , while the laughter came from all
over the house. Burman told ot his own ex
perience last session , when he was unseated
without an Investigation or a recount , but
said he would never be in favor of unseat
ing a member unless the evldenco against
him was conclusive. This he thought was
the condition In the case at hand and he
hoped the majority report would bo adopted
at once.
McCarthy ot Dixon talked on the question
saying he was not ready to vote lor the
report until he could nave time to investi
gate further.
Dllla on the second reading were referred
as follows : 262 , Insurance ; 263 , railroads ;
2G4 , schools ; 265 , Judiciary ; 266 , constitu
tional amendments ; 267 , deficiency ; 268 ,
live stock and growing ; 269 , miscellaneous ;
270 , Judiciary ; 271 , Judiciary ; 272 , fees and
salaries ; 273 , manufacture and commerce ;
274 , Judiciary ; 275 , other asylums ; 276 , Ju
diciary.
Shortly before G o'clock the house ad
journed.
IlEl'ORT MADB DY THE MINORITY.
IlequcHt that the Entire Matter of
Content De ncnumltted.
LINCOLN , Jan. 18. ( Special. ) Follow
ing Is the minority report in the Israel-
Benjamin contest case :
To the Speaker and Members of the
Hause : The undersigned , members of your
committee on privileges and elections , submit
the following report In reference to the
above entitled matter :
At the first cession of the committee OD
the evening of January 11 , 189 ? , all members
of the committee , the contestant and con-
testce and their attorneys being present ; the
package containing the papers and record
In this contest was opened.
The package was an ordinary dry goods
bn , nailed In the ordinary manner , but
not sealed In any way and with rope handles
on jhe ends , indicating It bad been so ar
ranged as to be transported by being checked
as baggage , which wo have learned from
outside Information was actually done.
In the box was found an envelope , en
dorsed by George G. Elsenhart. and con
taining the evidence taken at the hearing
before said Elscnhart , who was the com
missioner appointed by the contestant and
also court reporter In that Judicial district ,
W. P. Filbert having acted with him on
behalf of the contested , as shown by the
record , The record consisted of the fol
lowing : The notice of contest , with proof
of service thereof ; objections made by the
contesteo at the 'time of hearing , to the
Jurisdiction ct the commission , on the ground
ot It not having convened at the hour named
In the notice , or for one hour thereafter ;
the answer of the contestee and the evidence
offered and taken by the commission , the
ocratwtee in his answer bavin * selected W.
P. Filbert to act as commlnMoner on hli
part.
part.Tho notice of context alleged In substance ,
In a roncral way , that In each and all of the
voting preclnctfl of that district the elec
tron officers , by Inadvertencies , errors , mis
takes and carelessness had counted votes
for the contcsteo which should have Ixrn
counted for the contestant , whereby a mis
take In the count was made sufficient to
change the result of the election , the con-
testeo having been elected according to the
official returns , by a majority of three (3) ( )
votes. There was also one paragraph stat
ing that In Riverside precinct , In Hitchcock -
cock county , ono Illegal vote had been cast
by some person unknown to the contestant ,
who had not been a resident of the state
for six months preceding election ,
The answer of the contesteo stated In sub
stance the following : That the notice of
contest did not state sufficient facts to au
thorize the taking of any testimony , nor
the Inspection or recount of the votes ; that
the statements In said notice of contest
wore Indefinite and uncertain and not suf
ficiently specific nor sufficient In themselves ,
or any , of tu-sm , to constitute * grounds for
a contest of election ; that at the election
of November 8 , 1898 , the contpsteo was duly
elected t6 the ofllco of representative and
that the vote had been duly canvassed and
returned and the certificate of flection Is
sued to him which ho then held and that
he was at the time of the
election and still In , eligible nnd entitled to
hold Bald office. The contcsteo als , > denied
each statement 6f fact in the notice of con
test not admitted by the foregoing stite-
mentB nnd further alleged that the contest
ant , Frank Itvael , Is not ami was not en
November S. 1S3S the time of snld election ,
eligible to hold said office ot member of the
house of representatives , or to have n neat
In the legislature of the state of Nebraska ,
for the reason that lit snld tlmo and for a
lone tlmo prior thereto nnd continuously
until this date said Frank Israel , contestant ,
was and Is the duly elected , qualified and
acting county Judge In and for said county
of Dundy In said representative district of
the fltnto of Nebraska , the same being n
lucrative ofilco under the authority of this
state.
All the testimony offered and taken before
said commissioners on paid contest Is con
tained In six typewritten pages nnd none of
It tended In cny way to substantiate the
statements In the notice of contest as to
any errors or mistakes having been made
by any of the election officers In counting
the > oto. The only testimony offered by the
contestant tended to show that , ono James
H. Ross had voted In Beverly precinct , in
Hitchcock county , and that ho might not
have roalded In the state for six months pre
ceding the election ; but as there was no al
legation In the notice of contest ns to any
Illegal vote having been cast In Beverly pre
cinct and no person whomsoever named * i
the notice as having cast any Illegal vote at
said election , the commissioners , on objec
tion being made , refused -to receive eald tes
timony.
The contestant , during the taking of this
testimony , requested nn order from the com
missioners to some person to collect the
votes and ballots that were cast at the elec
tion and deliver them to the commissioners ,
to be sent to the secretary of state , to which
order an objection was made by the con
testeo and but one of the commissioners
signed the order.
The contestant then rested his case with
out having offered any testimony to show
oven that ho wns an elector of the dis
trict and competent to contest the election ,
or that he was eligible to'hold eald office
of representative. J
A stipulation and agreement * was then
made between the contestant and contestee
and Is a part of the record , as to the fol
lowing facts :
"It Is admitted by the contestant and con
testeo , before the commissioners , that on the
8th day of November , 1898 , and prior
thereto and continuously from then until the
present time , the said Frank Israel , con
testant , has been nnd n.ow Is the duly elected ,
qualified nnd acting county Judge of Dundy
county. In the Sixty-seventh representative
district of the State of Nebraska. ' '
The contestee then offered the evldenco
of the county clerk , who canvassed the votes
of said district and Issued the certificate of
election , showing that the result of the
canvass showed a majority In favor of George
W. Benjamla , the contestee , and that a cer
tificate of election had been Issued to hm | ,
which certificate was .Introduced In.evldenco ,
This closed the testimony Mrf'the "rasp.
After the reading of the record by tho.
chairman of the committee' , containing' the
facts above recited , objections were made In
writing and filed by the conteetee , substan
tially as follows :
Objecting to the house of representatives ,
or the committee to which the matter of
said contest has been referred , taking any
proceedings or doing any act In , reference
thereto , further than to dismiss the- same
or recommend Its indefinite postponement ,
and moves that the same be dismissed or
us Indefinite postponement recommended ,
and especially objects to the opening or ex
amination of any ballots , poll books or elec
tion returns , or the packages containing or
purporting to contain any of the same , and
assigns the following reasons therefor :
First. The notice of contest herein docs
not state sufficient facto to sustain the con
test of the election of the contestee.
Second. It docs not appear by said notice
ot contest , nor by evidence taken , that the
contestant was on elector at the tlmo of
the ejection November 8 , 1898 , nor was any
proof Introduced or offered to show that con
testant was an elector of said representa
tive district nt the time of said election or
of filing or serving said notice of contest , or
of eald hearing.
Third. U nowhere In the record appears
that the contestant was or Is eligible to said
office of representative , but the contrary ex
pressly appears , and is admitted by the con
testant.
Fourth. Contestant closed his evidence and
case without havlnc offered any proof that
ho was an elector or competent to contest
the election of the conteotce.
Fifth. No evldenco whatever was offered
or given by the contestant In support of any
of the allegations ot the notice 'of content ;
therefore there Is no basis uuon which the
said house of representatives , or committee ,
can lawfully Inspect any of the ballots caat
for representative at Eald election , or enter
upon a recount thereof.
Sixth. No evidence has been offered or
given tending to show that there Is any
probability of any mistakes or errors
charged In the notice of contest existing or
having existed , and the count having been
made by sworn officers of election and no
fraud having been charged or proven ,
neither the house of representatives or com
mittee have any right or authority , upon the
mere allegation of the contestant , unsup
ported by any evidence whatever , to open
the election returns or cuter upon a recount
of the ballots.
At the suggestion at the chairman , It
being agreeable to the committee , the propo
sition as to the eligibility of the contestant
was first argued to the committee by the
attorneys for the parties. A number of au
thorities were presented , from which It
clearly and without doubt appears that the
contestant , Frank Israel , by reason of hold
ing the office of county judge of Dundy
county , in the Slxty-eovpnth representative
district , at the time of election , was Ineligi
ble to it ho office of representative and could
not , therefore , lawfully bo chosen to repre
sent sold district.
Among the authorities which establish this
proposition without question wo call your
attention to the following :
Section 6 , article 111 of the constitution of
the stale of Nebraska , which Is found ns
section 156 , on page 22 of the 1897 statutes ,
provides as follows : "No person holding
office under the authority of the United
States , or any lucrative ofllco under the au
thority of thin state , shall be eligible to or
have a- seat In the legislature. " The su
preme court of the state of Nebraska has
three different times construed the meaning
of the word "eligible" or "eligibility" as
used In the constitution and in each case
held ttat where a candidate Is for any rea
son Ineligible U hold the office , the word
"eligible" refers to the time of the election
and not to the time wlirn ho would enter
upon the duties of his office. State ex rel
McMillan , 23 Neb. , 3S5 ; State ex rel IJoyd.
31 Neb. , 682. 707 ; State ex rel Moores. G2
Neb. . 770. 785.
The courts In many , If not all , the other
states have held the eamu way , but we do
not deem 1t necessary to clvo the other
authorities , our own bupreme court having
expressly decided the matter three times ,
The committee did not paes upon this
legal proposition , but left It open for the
Judgment of the house , and proceeded with
the further ihearlng of the contest , and over
the objection of the contestee entered upon
a rcount of the ballots. We believe that the
question of the eligibility of the contestant
thould first be determined by the IIOUDO ,
apart from any other question arising In
the case , and that the contestant being
ckarly and unquestionably ineligible to hold
Mid office , thin house ot representatives '
f
I
would violate the constitution of the slate
and entirely disregard the repeated dcclalcus
of the supreme court If It should declare the
contrntant eligible to hold the office , or seat
him. Wo nlro believe that from the /act
of the contestant's Inellidblllty , hln own acts
In the matter , he having known the law as
every cltlr.ni Is presumed to do , nnd espe
cially him , being u county Judge and thereFore -
Fore familiar with the law , hla own acts
hould estop him from prosecuting this con
test or claiming the office ot representative.
Afler the argument on the question of
eligibility , argument was mode upon the
question of the right of the committee to
enter upon a recount of the ballots. The
majority of the committee , however , was In
favor of dtm-egot-dlng the objection to the
count and of proceeding to recount the bal
lots , which they did In executive cfalon , the
parties and their attorneys having with
drawn.
In the argument' this proposition , nnd
nlso nt the commencement and before opcii-
Ing the packaged containing the ballots , ob
jection was made on behalf of the contestee ,
and In the committee' by Mr. Kasterllng , a
member of the committee , to the opening or
recount of the ballots , for the reusons that
the package which contained the same was
unsealed , and was simply a dry goods box
nailed ub In the ordinary manner , had evi
dently betn transported by being checked
as baggage , that thera was no evidence to
show that these wcro the ballots cast , or all
the ballots cast , or how they had been kept ,
or in whoso possession , whether they had
been tampered with or whether any oppor
tunity had been given for Interested parties
to tamper with them , and In fact absolutely
nothing except the fact that the box contain
ing them was there , to show the condition
of the ballots or that they had been In
proper custody ; nor wns there any certlf.cato
on the box or on anv of the packages of any
election officer or anv other person who had
had charge of the ballots , to show how they
were kept or thai they were In fact the
official ballots used at the said election. The
majority of the committee , however , over
ruled the objection and proceeded to open
the packages. On doing so It was found
that some of the packages were unsealed
and In bad condition. In Chase county ,
especially , the sack containing the ballots ,
upon being taken from the said dry goods
box , was open , appeared to have been tied
with two kinds of thread and not sealed , nnd
en the removal from the box by a member
of the committee of the package containing
the ballots ot Chase county , the packaged ot
ballols fell out uoon the floor. There were
no poll books or election returns of the offi
cial canvass with anv of the ballots , except
In the county of Dundy , and the committee
had no way of verifying the count or to
know whether they were counting the official
ballots or some others.
In Chase county , especially In Bussell pre
cinct , and In Fisher precinct , the packages
containing the ballots were open and un
sealed , the ballots themselves protruding
from the package anq plainly showing upon
their face that they had been hcndled nnd
tampered with. Ono precinct In said county ,
or rather ono package of ballots , contained
no endorsement whatever to show what
precinct they were from or who they had
been addressed or delivered to. The near
est to the official record of the count In those
counties , which your committee has had , has
been the report of the vote as published
by the newspapers soon after the election
and as compared with such published report ,
the recount as made by the committee In
said Bussell precinct , Chase county , shows
a gain for the contestant , Israel , of four
votes and a loss for the contestee , Benjamin ,
of four votes. The recount In said Fisher
precinct shows a gain for the contestant ,
Israel , of eight votes.- with no change In
the vote for the contestee.
In Enterprise precinct there was ono bal
lot which had been marked In the circle
for the republican vote and also In the
circle for the populist vote and the only
other mark appearing thereon , except the
endorsement of the election officers , was a
cross after the name of the contestee , George
W , Benjamin , In the proper place and col
umn. This ballot was thrown out by the
committee and not counted and under the
law It clearly'should have been counted for
the contestee.
In Hayes county ; in Government precinct ,
ono ballot whereln ° there was no cross op
posite the name otdsrael , the contestant ,
but was a crosse opposte. | , the blank space
.below .his name , thfi ballot was counted by
the committee for the contestant.
In Hitchcock cojfnty a ballot- marked 'ex
actly similar , excipt tinder Benjamin's name ,
was rejected and not counted by the com
mittee , i
The recount as made by the committee ,
except in said Chase cqunty , which clearly
showed evidences of fraud , developed very
little. If any , change In the vote and not
enough change to elect the contestant. The
total result in Dundy county was , the con
testant lost three -votes and the contesteo
lost .ono vote ; in Hayes county the contest
ant lost two votes and the contostee gained
two votes ; in Hitchcock county the con
testant lost ono vote and the contestee lost
three votes. Thus making a net loss to
the contestant of six votes and a net loss
to the contesteo of two votes In the three
counties named.
In addition to the above named evidences
of fraud and irregularities In Chase county ,
one other precinct , Pioneer , the package con
taining the ballots was unsealed and in bad
condition.
Mr. Easterlies , for the minority of the
committee , made nnd filed request that the
county clerks of the several counties be sent
for to "bring " the poll books and election re
turns an > d to tcsltlfy how the ballots had been
kept by them and their condition when re
ceived nnd delivered by them , and wag In
formed by the chairman that this request
had been complied with and a telegram
sent each of said clerks. On Tuesday , Jan
uary 17 , the deputy clerk of Hitchcock county
appeared before the committee with the poll
books. Afterward , on the same day , with
out examining said poll books of Hitchcock
county or waiting for those from Chase
or Hayes counties , It was decided by a ma
jority of the committee , over the objection
of the undersigned , to make a final report
to the house on said contest and without
waiting for said clerks or poll books or In
any way verifying said ballots or count , all
ot which Is , In our opinion , entirely wrong
and unlawful.
By reason of all the foregoing facts with
reference to the condition of the Chase county
returns and ballots , we believe that the of
ficial count as made of Chase county should
bo accepted rather than the count as made
by the committee. The official count sa
made In Chase cqunty gave the contestant
219 votes and the contestee 215 votes. This
computation would elect the contestee ,
George W , Benjamin , by a majority of
seven , on Increase of four over his majority ,
as shown by the official count.
But should there be any question as to
the propriety of rejecting the recount on the
other precincts In Chase county , ( hero can
be none as to the two preclnctfl. Buasell and
Fisher , which clearly showed the ballots to
have been tampered with , and In which ( he
contestant made the only gain which could
result In his election. In making a compu
tation upon the recount by the committee ,
by giving to Benjamin , the contestee , his
vote as shown by the recount , and adding
to it the ono vote hereinbefore mentioned ,
which was rejected by the committee , then
Children fatten
like little
round white
PIGS
When fed on crotim uud
Grape-Nuts %
Tinte U PreQtieiitly n Valuable Guide
In Heleotlnir Food.
A llttlo child's taste Is often a reliable
guide to palatable and desirable food , and
U Is worth one's while to observe how the
llttlo folk take to Grape-Nuts , the famous
new 'food.
They cat U freely without addition of
sugar , for It has -the peculiar , mild , but sat-
Itfylng sweet of grape-sugar , and the nat
ural 'taste either ot child or adult recog
nizes at once a food that will agree with and
richly nourish the system. Found at flrst-
clnss grocers.
Made by Poslum Cereal Co. , Llm. , Battle
CrwU , Mlcli. _ _
from -the vote of the contestant
Iho gains made by him In xald t\\o pro-
rlnctn In Chase county , namely , lUiRsell ntut
1'itOier ( twelve votes ) , would result In the
election of the contesteo bv three majority ,
which wns his malorlty meantime ( o the
ofllclal canvnsj nnd return of the vote.
annex hereto and make part hereof , a
tabulated luatemcnt ot the o.1clal : vote In all
the precincts , rs given the committee , alto
nhowltig the recount , aluo a brief giving the
law applicable to the cane.
The underHlRtied members of the commit
tee , therefore , report :
1. The contestant. Israel , Is without doubt
Ineligible to the olllco of representative In
this houo of representatives , and cannot
lawfully be seated , even hod he received the
greater number of votes ,
2. Under these circumstances , the con
testant being ineligible , to declare the ccn-
testce. Benjamin , not elected to the ofllce
would Icovo that district entirely without
representation in this body ,
3. Wo bellevp that upon a proper recount
of Iho vote of said representative district the
contCBtoe would bo shown to be elected by
nt least three , and from three to seven ma
jority.
4. Dv reason of the absence of the poll
books and the absence of all other evidence
to verify the ballots , and some of the bal
lots 'themselves ' showing apparent evidences
of having been tampered with , and for want
of tlmo and opportunity to thoroughly In
vestigate thla matter , woould respectfully
recommend that the matter be recommitted ,
with Instructions to the committee to secure
the poll books nnd oRlclal canvass of the
votes cast , and with power to send for wit
nesses and papers , to determine the credi
bility of the ballots" , that Justice may bo
fully established , and a fair nnd honest elec
tion awarded. Respectfully submitted ,
J. M. KA8TKUUNO.
D. M'CUACKEN.
W. W. PECK.
PROCEEDINGS OF THE SENATE.
CuHtnmnry Stock YardH 1)111 Flndn Its
Wny < n LlKlil.
LINCOLN , Jan. 18. ( Special. ) President
Pro Tern Talbot occupied the chair at the
morning session ot the senate. Chaplain
Crcasman asked Providence to be with the
son of Senator Howard of Hamilton , who Is
seriously 111.
New bills Introduced wcro limited to six ,
No. 164 being the total number. Among the
six was the first stockyards bill of the ses
sion In the senate , Dunn of Colfax being the
father of U.
Bills on second reading to No. 158 Inclu
sive were referred to the proper commit
tees , the- Judiciary catching the most of
them.
In accordance with the caucus agreement
of yesterday , L. Lyons was named as senate
fireman , nnd the postofflce ordered closed on
Sunday.
The secretary of state was Instructed to
furnish two copies of the 1897 statutes to the
senate for use In the committee rooms.
Upon motion of Canaday of Kearney the
senate went Into committee of the whole
with Steele ot Jeffe-rson In the chair to dis
cuss S. F. No. 23.
This bill wns Introduced by Talbot of Lan
caster. The only change from the present
law Is that appellants In coses Involving pos
session of real estate shall give bond to pay
rent for use of property during the tlmo of
appeal If the decision goes against appealing
party.
Farrell of Merrlck was the first speaker
In opposition. He said It was similar to
S. P. 18 two years ago and would deprive a
poor man from going to a higher court to
preserve his rights. Ho termed It as a bill
for the loan and trust companies' benefit.
Talbot of Lancaster said the senator's talk
reminded him of two years ago , when be
was wont to erect a ghost to beat It down.
Ho denied that the bill Is In the Interests
of trusts , but simply fair play. Under the
present law a man can appeal a case to the
supreme court and keep the rightful owner
out of possession two or three years by put
ting up a straw bond not to commit waste.
Taxes are allowed to accumulate , the prop
erty-run down and three years' crops raised
during unlawful possession , when the supreme
premo court finally afflrms the case. This
bill would require a good bond in this kind
of cases , as well as in other appeal cases.
Senator Talbot moved that the committee
of the whole report the bill back to the
senate with a rocommendatlon that It pass
and he engrossed tor third reading.
O'Neill of Holt said It would be Impossible
for men who could not pay the mortgages
to give these appeal bonds.
Senator Talbot explained that the bill only
required a man to pay reasonable rent.
Farrell thought a man did not sell Ills
farm without securing a good consideration.
Ho thought the mortgagee is always well
paid and can afford to let the mortgagor get
a crop or two while the supreme court de
cides the case. The money loaners were
always well paid.
Talbot replied that this state ought to
thank the money loaners for the present de
velopment of this beautiful state.
Miller ot Buffalo did not believe In rushing
this bill through the senate. Ho wanted to
hear more about the bill. Lawyers are In
terested In passing bills to facilitate their
clients' cases. Eastern money lenders placed
money In Nebraska for their own Interests
and profit , hence they do not need a resolu
tion of thanksgiving in return for doing so.
Senator Miller grew eloquent In opposing
the bill. Mortgagees never buy In mort
gaged property for more than two-thirds of
Its appraised value. Ho said he was admin
istrator of an estate that was being fore
closed.
"Why don't you redeem ? " asked Talbot.
"We haven't got the money , " retorted
Mlfter.
"What's the matter , then ? " asked Talbot.
"I suppose Us the gold standard" was the
sharp reply of the senator from Buffalo ,
which brought forth much laugbter.
Currle of Custer favored the bill. He
thought justice ought to bo done on all
sides. The mortgagee ought not to be kept
out of his Income -while the matter la In
litigation If he Is entitled to possession.
The bill was recommended for paseage by
a vote of 18 to 11 and the committee arose.
After the Joint session the senate took a
recess till 2:30 : o'clock.
The senators were late In returning for
the afternoon work. The roll was called at
2:45 : o'clock.
Governor Poyntcr sent In a communica
tion requesting the appointment of a page
for his use. The letter was addresicd to
President Pro Tern Talbot , who moved that
his request bo granted.
Prout of Gage thought the limit to the
number o * employes allowed by law had
'been reached
\au Uusen of Douglas amended the mo
tion that the expenses of this page be
charged under claims and not senate em
ployes. The senators were opposed to over
stepping the constitutional limit. The
amended motion prevailed.
S. F. No. 1C5 was the only new bill In
troduced.
At 3 o'clock the senate adjourned till
tomorrow.
DILLS INTRODUCED IN SENATE.
Six New Monmiren Are Ilrnuicht For-
wurd nil Wed Honda ) ' .
LINCOLN , Jan. 18. The following new
bills were introduced in the senate Wednes
day :
S. F. 159 By Dunn : To fix commissions
for selling live stock In the state of Ne
braska , defining the duties of such person
or persons engaged In the business of sell
ing live stock and to provide a penalty for
the violation thereof.
S. F. 180 By Prout : For a commission
to revise the statutes of Nebraska , subject
to the approval of the legislature of 1901 ,
S. F. 161 By Fowler : To transfer all
funds collected under the provisions of chap
ter Ix of the laws of 1895 to the free high
school fund ot the county In which such
funds were collected. j
8. F. 162 By Steele : To amend oectlon
204 of tbo Criminal Code of the state cf
Nebraska and < o repeal said section 204
as It now exists.
8. F. 165 By Steele : To amend section
2C2 of ( ho Criminal Code of the stnlo of
Nebraska nnd to repeal silil section 262.
S. F. 104 My Steele : To amend section
208 of the Criminal Code of the Rtato of Ne
braska and to repeal said section SOS us
heretofore existing.
S. F. 1CS By Uunn : To require the cut
ting of weeds upon I1 the public roads and
highways of the state.
IIII.LS ivniontcEi ) IN THE nou.su.
Seventeen New Mi-nmirm llrnaictit
1'orwnrd li > - the Memliorn.
LINCOLN , Jan. 18. ( Special Telegram. )
Seventeen new bills were Introduced in the
house Wednesday , as follows :
H. II. 277 By Cox : To amend section 6ic ,
of the Code of Civil Procedure , of the Com
plied Statutes of Nebraska. 1S07 , and to re
peal eald section as heretofore existing.
II. H. 278 llv Prince : To amend section
G. article 111 , chapter xvlll , Compiled Statutes
ot Nebraska , and to repeal section BO
amended providing that there shall be no
Btopi > ago of pension In case of veteran en
tering Holdleru * homes.
H. 11. 280 IIv Detwellcr : Authorizing nnd
directing the construction ami furnishing of
a brick nnd stone > school building at the In-
Btttuto for the Deaf and Dumb at Omaha ,
Neb. , for the use of snld Institution and ap
propriating the sum of $50,000 for the pay
ment thereof ,
ll. H. 281 Bv Prince : To amend section
2 , chapter 1 , Complied Statutes of Nebraska ,
1897. Providing that liquor notices nball be
published In paper having largest circulation
In county where county officials grant II-
ccnso and In ono having largest circulation
In the city where city ofilclala have granting
power.
II. II. 282 By Flynn : To provide that all
labor on state lands and buildings bo done
by days' labor and to provide for the man
ner of purchasing material for the construc
tion and repair of said public works.
II. R. 283 By Vandegrlft : To amend an
act entitled "An act to provide security to
the public against errors , omissions
and defects In abstracts of title to real es
tate and for the use of abstracts In evi
dence , " laws of 1887 , chapter Ixlv.
H. It. .284 Bv Vandegrlft : Supplementary
to an act entitled "An aot concerning coun
ties and county officers , " approved March 1 ,
1879 , and to amend section 18 , of chapter
xvlll , of the Compiled Statutes of IS97. Pro
vides for county treasurers keeping on hand
In banks of the countv money necessary to
mcot current disbursements , banks to pay
Interest on same at not ICEB tihcu 3 per cent.
H. P. 285 Bv Olmstead : To authorize the
organization and to regulate the conduct
of a mutual Insurance company to Insure
against losu of hogs by death caused by dis
ease.
ease.H.
H. U. 28G Br Dobry : To amend sections
1 and 2 of on act entitled "An act to re
quire ait'tendanco ' of all persons between the
ages of 8 and 14 years at some public or
private school In the state of Nebraska , " np
proved March 31 , 1887 , and to repeal said
sections. Provides compulsory education
unless prevented by Illness or poverty or by
being already proficient.
H. II. 287 Bv Dobry : To require the cut
ting of weeds upon nil the public roads and
highways of the state between the 15th of
Juoio and the 15th of July and between the
10th and August and the 10th ot September
of ach vear.
II. II. 288 By Wright : To limit and regulate -
late the salaries of the clerks of the district
court and the salaries and compensation ot
the deputy clerks or assistants thereof , and
to provide for the turning of the fxcets ot
certain amounts Into the county treasury.
Limits fees of clerks to $1.000 and deputies
to $700 , except In counties of over 25,000 In
habitants , whore limit Is $2,500 and $1,000.
H. n. 289 By Burman : To amend section
6 , of chapter 1 , of the Compiled Statutes ot
Nebraska of 1897 , and to repeal said original
section. Allows bond companies to furnish
bonds of liquor dealers.
H. P. . 290 Bv Grafton : For n commission
to revise the statutes of Nebraska , subject
to the approval of the legislature at 1901.
Commission named In the bill Is J. E. Cob
boy of Beatrice. Silas A. Holcomb of Broken
Bow nnd C. S. Loblngcr of Omaha.
H. K. 291 Bv Janecn : To create the office
of Interpreter for the several asylums of the
Insane of this state nnd defining the duties
of such Interpreter. Provides for two Inter
preters , ono to be a woman , and each to bo
able to speak.and write English , German ,
Swedish and Bphcmlau language's.
> H : R. 292 Bv Lane : To amend subdi
visions 3 and 16. of section G7 , article 1 ,
chapter xllla , Compiled Statutes of Nebraska
of 1897. "CltltB of the First class , " and to
repeal the same.
II. R. 293 Bv Mllbourn : To amend section
14 , of chapter xlv , of the Compiled Statutes
of Nebraska of 1897 , entitled "Internal Im
provements , " and to repeal said section as
now existing.
TRACEsTp'THE PAUL JONES
Seen Oil Hound Inland nnd Siiokcii
January 11 Sinroiern Leave
Scrnnton on Hunt.
MOBILE , Ala. , Jan. 18. Mayor Taggart
and Lawrence Jones left Scranton , Miss. , at
midnight on the tug Leo for Grand Batturo
and Chandeleur , The weather Is very rough ,
but their anxiety compels them to go. The
Paul Jones was seen oft Round Island Janu
ary 11 and was spoken by the master of the
Leo. No confirmation has been received
of seeing distress signals on the Datture.
Jones learns that trunks wcro found on
Breton Island , which contained stockings
marked "F. E. Taggart , " the name of one
of the mlfstng people , Florence Taggart.
When the yacht sailed the trunks were on
the top deck , unstrapped , and could have
been washed overboard In a squall. Later
dispatches say that the wreckage of a small
craft has been found on Bird Island. Two
expeditions out of New Orleans tomorrow
morning have been authorized by Jones and
Taggart.
Captain L. A. Bogle of the fish
ing smack John W. Hlldtn , which
arrived here this morning , reports that
while cruising at Chandeleur Island on Jan
uary G he was told by Captain Hansen , the
lighthouse keeper , that a party of women
and men In a largo yacht bad stopped on the
Island on January 5 and visited the light
house. He did not say what course they
took after leaving the island. The report of
a launch stranded on Dauphin Island , that
was recolved last night , will bo thoroughly
Investigated today. Instructions have been
sent by Harry Hartwell , a prominent yachts
man here , to Fort Morgan to ono ot his
boats , to visit Dauphin Island Immediately
and look for the launch.
A special to the Item from Scranton , MUs. ,
says : The 'harbor ' master reports having
seen a yacht answering the description of
the Paul Jones anchored off Horn Island
pass January 11. The weather was very
foggy today and the pilot thinks It is
grounded east of Horn Island.
NEW ORLEANS , Jan. 18. A dispatch
from Quarantine today states that a ma
hogany window blind was picked up by a
hunter In Blind Bay between Northeast
Pass and Pass L'Outre this morning. The
blind had evidently not been In the water
very long. It is supposed to bo from the
missing yacht , Paul Jones. Private advices
CHRONIC NASAL CATARRH ,
nnEATHE Tiiitounii votm NOSE AND
HE FUEE FItOM THIS LOATHSOME
DISEASE.
A SCIENTIFIC IIEMEDV.
Chronic Natal Catarrh Is often the con
tinued development of acute attacku , but
In mcst caeos It Is caused by the carelcta
use of the nasal douche , snuffs , washeu and
other dangerous Inhalcnts. Its horrible
symptoms , such as stopping of the none ,
dropping of mucous Into the throat , cilck-
ncisa at stomach and lens of appetite plainly
indicate a constitutional disturbance and the
necessity of an Internal remedy. No remedy
Is better adapted for the euro of this disease
than Gauett' Catarrh Tablets. They are
taken Internally and It U safe to say will
cure catarrh wherever located , because they
contain the requisites essential to restoring
the Inflamed membranes and mucous ur-
facts to their natural healthy state. At
ilrurglatB or by mall EOc full sized package.
Our little ( took on catarrh mailed free.
Address C. K. Gautx. Marshall , Mich.
received hero today from Mobile confirm tlie *
report of the utrnndlng of a large launch *
on Dauphin Island. '
FOR LIVE STOCK INSPECTION
fntllrnicii III Srnnlnn III
( on I'nnM Itrmiliilliinii f r Hotter
( iovcrmiu-iit DcpnrMnont Work ,
PALVKSTON , Tex. , Jan. 18. The Texas
Live Stock association In convention todnjr
passed resolution * asking tfic legislature to
Increase the appropriation for live stocle
sanitary purposes , In order that cattla
discuses may be thoroughly Investigated :
ales asking an appropriation of ilO.OPO a.
year to supplement the work of the llUled
States government In experimenting at tha
Agrlcultuial and Mechanical college.
A resolution asking congress to paa tbo
antl-sc.ilplng bill wns adopted.
A resolution wns passed asking coiifirrss
to amend the law requiring unload'flu ' of
stock every twenty-eight hours , making U
forty hours. It Is claimed the bill ' was
passed for the benefit of stable car com
panies and Is abortive.
KntrrluiEy Stnrtn < < > Turin.
ROTTKRDAM , Jan. 18. Major Comto
Ferdinand Walsln Estcrhnzy started tor
Paris this afternoon.
COMMON SENSE CURE.
I'YHAMIIl IMI.H CMIi : CIIIIKH lMIr.
I'KHM.\M2.\TIV MY CUlUXtJ
TUP
Itemnrknlilp Ht-uu-ily AVIili'h In
IIIR Comfort to Tliuumuid *
of Sufferer * .
Probably half the people who see this
article suffer from piles. It Is one of the
commonest diseases nnd ono of the most
obstinate. People have it for years and
just because It Is not Immediately fatal they
neglect it. Carelessness causes no end ot
Buffering. Carelessness about so simple a
thing as piles has often caused death.
Hemorrhages occur from uo apparent causa
and loss ot blood causes death. Hemorr
hages occur during surgical treatment , often
causing death.
Piles are simple In the beginning and ,
easily cured. They can bo cured even la
the worst stages , without pain or lee * ot
blood , quickly , surely and completely.
There Is only ono remedy that will do It-
Pyramid Pile Cure. ,
It allays the Inflammation Immediately ,
heals the Irritated surface and with contin
ued treatment reduces the swelling and puts
the membranes Into good , sound , healthy
condition. The cure Is thorough and per
manent.
Here are some voluntary and unsolicited
testimonials we have lately received :
Mrs. M. C. Hlnklcy , 601 Mlsslsslsslppl St. .
Indianapolis , Ind. , says : Have been a suf
ferer from the pain and annoyance of Plica
for fifteen years , the Pyramid Pile Cure and
Pyramid Pills gave me immediate relict and
In a short time a complete cure.
Major Dean of Columbus , Ohio , saya : I
wish to add to the number of certificates us
to the benefits derived from the Pyramid
Pile Cure. I suffered from piles for forty
years and from Itching plies for 20 years
and t\\o boxes of ( ho Pyramid Pile Cure
has effectually cured mo.
Most druggists sell Pyramid Pile Cure or
will get It for you llyou _ ask them to. It It
ono dollar per package and It Is put up only
by the Pyramid Drug Co. , Marshall , Mich.
Great
,
n ' * r'l' ' i " I
Rock Island
cHflute ,
FflNEST EQUIPMENT.1
Best Dining Car Service ,
AMUSEMENTS.
Creighton ORPHEUM Tel. 1531
Omaha's Society Vaudeville Theater
IIHI3AKI.VO ATTENDANCE HECOHU ! *
AT EVEHY I'EIU'OUMANCE.
If SafjkMflt kf ! Marlon Korncr'4. The
fflllUn * OT All uiost uluboruto pro
duction In the line of Living Pictures over lit
tempted In America.
The Thrci Merkell S ttert-
Fur Famed Novelty Acrobuts.
LilIU Westirn W 11'
Kiss Lizzie Evans
edy bkotcli "A Hirange Cat Aotropho. "
BMA | < I A lloMfliiA The Olown on
rrtnK La nonaufti the oiothe ? une
AmurlcKH Knvor-
Hemming come-
Shatiuck and Barnard Jo
"Don't Leave tbo Koom. "
'Kbtnlng ' Clay Modeler.
Prices Never Changing Evening , r
served , 25c , COc : gallery , lOc. Matinee , any
seat , 25c ; children , lOc.
Xext Week Mr. mid Mr . Sidney Drew ,
Aiiirrlcu'n ( ircatent Vmnlt-vlllc Eu
trrtalncm , nnd levcu other great
UC-tH.
( C PAXTON A
Manaccrs. Tel. 1919.
TWO XIUIITS HEGINMNU
SUNDAY MATINEE , JAN 22.
Engagement of the Favorite American
Character ComedIan ,
. . . .TIM MU1UMIY. . . .
In
THIS CAHI'ETJIAGflEIl.
A New I'olltleul , Ilumaiitla Co tiled r >
AX EXCELLENT CAST !
SPECIAL HCKNISRYt
Evening Prices Lower floor > COc , 7Ce , and
$1.00 ; balcony , 3Gc and GOc ; gallery , 2Bc. .
Bargain Matinee Sunday Lower floor , 35o
and 50c ; balcony , 2Bc. f
PAXTON & nURGKSS.
Managers. Tel. 1919.
Three MulitN anil llurunlnMutliiee ,
JANUARY 10/20 AND 21 ,
COLE & JOHNSON * *
A TRIP TO COON TOWN ,
A Mualcnl Faroe * with Unique Vaude
ville fliirolnltlc-ii.
' its PEOPLE 35
Popular Prices Lower Floor , 7Ec and COc ;
balcony , 35o ; gallery , 2Sc.
Bargain Matinee Saturday Any Scat 25c.
HOTEL * .
THE MILLARD " '
13th anU Douglas Sts. , Oiualui
-AMERICAN AND EUllOI'EAN PLAN- .
CENTIlALLY LOCATED
J. U. MAUICKI , & vex , Prop *
THE NEW MERCER
American I'lan
WM ANDHEWB. Chief Cltrk.