Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 31, 1899, Page 2, Image 2

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    Til 13 OMAHA DAILY BEE : TUESDAY , JAXUAKV 511 , 18JJ ) .
tton of nn offensive and ilcfcnxlvo organlrn-
tlou pledged among one another for the
promotion ut the Hayward senatorial boom.
Senator Alien came In on the evening
train from Mi visit to his homo In Madison ,
returning to his scat In tlie xenato at
Washington.-
CHARGES AGAINST SCOTT
Turnf J-OMC SiirclllvntluiiN
lo Mlion Hint > Iuilice I * Unfit
for UlN unicc.
M.NCOLN. Jan. 30. ( Special Telegram. )
The charges filed In the house of reprc-
Bontatlvcs today to Impeach Judge' Cunningham -
ham R. Scott consist of twenty-one speci
fications , a > follows :
1. Ilnhltual and willful neglect of duty In
often.
2. Gross partiality In trial of cases.
3 Oppression In his judicial capacity.
4. Extortion.
Ii. Corruption.
0. Maladministration.
7. That ho Is a fugitive from Justice from
I'ottawattamlc county , Iowa , being Indicted
at ono tlmo there for swindling and pros
ecution was not pushed on his promise to
leave the nttti1. which ho did ,
8. Habitual drunkenness.
D. Incompetence and unfltness to occupy
his judicial position.
10. Guilty of using the public press to
miloglzc his actions.
11. Guilty of unlawfully and maliciously
Intimidating and Influencing witnesses by
threats , etc
II. Guilty of wickedly nnd maliciously In
structing Juries to flnd for defendant , being
afterwards revciscd by the supreme court ,
which held he should have Instructed for
plaintiff.
13. Guilty of enabling plaintiff to swindle
defendant.
U Guilty of coiruptly Instructing Jury to
nnd for plaintiff after fraudulently exclud
ing testimony for defendants.
15. Fraudulently Instructing Jury to find
for defendant' when 'the law said plaintiff
should recover.
ID. Guilty of pretending loss of bill of ex
ceptions to fraudulently prevent appeal.
17. Guilty of fraudulently dismissing ap-
pml from justice court.
18. Guilty of Intimidating attorneys , from
fraudulent and sinister motives. from being
heard.In . their cases bv arbitral lly ordering
thenjlto fljut'up and sit down.
IP. Guilty of. falsely announcing dlsbar-
ninnt-of attorneys .from practice In his court
after hnranglng thn rabble that dally as
sembles In his coint to hear him.
20. Guilty of declaring from the bench
that accused on trial Is guilty and then
from partiality and favoritism corruptly ac
quitting him.
21. Guilty of denouncing other judges on
the district bench and supreme bench.
Mnrh NlfkiiPHH nt I'nriiain.
FARNAM , Neb. , Jan. 30. ( Special. )
Never before has there been so much sick-
nets In Karnam and the adjacent country
as this winter. Flrat wo had an epidemic
of measles , which caught everybody but the
Iramunes and this was followed by the grip ,
which not only embraced the measles pa-
tlen B , but evtrvbo1y else. A very low of
iho cuts devolved Into ineumonla , wltn
one fatal case , A ctilld. The public school ,
which was suspended for two or thrco weeks ,
lias resumed and the measles cough Is more
of a rarity than for six weeks past.
Large quantities of wheat and corn are
being sold and delivered by the farmers.
1'rffern I'rlnou to Freedom.
FALLS CITY. Neb. . Jan. 30. ( Special. )
A young man giving his name as Garnle W.
Harris was taken Into custody at Barada ,
charged with stealing a team of horses In
this city a few nights ago. The team was
fpund la bin possession. He was brought
to this city. The yfeirife man was but 13
years /of 'face and team ho took the team
with the expectation of being captured and
sent to prison. He said he was without
frlondi-and'money and the
preferred peni
tentiary to sucb 'a ' life.
Ilriiulxltloii ( or l-'rynoii.
LINCOLN. Jan. 30. ( Special. ) Requisi
tion papers have been Issued for the return
of Frank Frieon from Jackson county , MIs-
soUrt. Fryson Is wanted In Omaha to answer
the charge of robbery , having on December
10 assaulted Chlng Toug and robbed him
of $60.
Dlntrlot Court OIK-HI.
BHAVEH CITY. Neb. . Jan. 30. ( Special
Telegram. ) District court convened today.
Judge Norrls presiding. There are 140 cases
on the docket , eleven of which arc for (11-
\orces. The Beaver City Times libel case
couicj up for ucarlnr Wednesday.
HtVlMll
HARVARD. Neb. . Jan. SO. ( SpeclaU-
Rvancellst Totter closed his revival mcetlnKS
at the Methodist church last night. Soran
flftv conversions are reported from the three
weeks labors and his visit licrc Is considered
very successful.
FOUGHT WITH BARLOW KNIVES
Kentucky KnrmerN Attempt to Nrltlc
a Qiinrrcl l r a Murderoui Duel
nuil llotk Slur Die.
LOUISVILLE. Ky. . Jan. 30. A special
frpm La Orange , Ky. , says : Whlttaker
Manns nnd Howard Harlan , farmers , fought
a due ) vxltb Darlow knives In a blacksmith
eliop at Oallardsvllle. Ky. , today to settle
a quarrel which grew out of the sale of
some tobacco. The men fought until ox-
hairate.t , then rested awhile and resumed
the combat , which resulted In Manna being
so badly wounded that he died , while Har
lan la thought to bo fatally hurt. They
lived on adjoining farms and were both men
of families with the reputation of being
peaceable citizens.
itt n\tsr Ill-llcnltli.
ATLANTIC CITY. N. J. . Jan. 30. lie-cause
of continued falling health Mrs. J. Mayers ,
a vve-althy visitor from 1'fttsburg , committed
aulctdo by jumping Into the ocean from the >
id of Young's oevan pier about noon today.
Mre. Mayero. accompanied by her maid ,
wetit to flip pier shortly after 12 o'clock ,
walking to th end of the structure. As they
neared the end Mrs. Mayers walked ellghtly
In advance of her maid. As the latter'a at
tention vvos temporarily attracted In nn op
posite direction , Mrs. Mayers climbed over
the rnlllng and jumped Into the sea. The
maid called lustily for help and tuo police
men answered her call. There were no life
boats exi the pier , however , to go to the as-
elstunco of the woman und she WBH drovvneo
be-fore aid could bo rendered. Deceased woa
about CO years of age.
Mm. Nluiiforil Will * CM All TOI-M ,
SAX FRANCISCO , Jan. 30. A review of
the vvorl ; of Mrs. Janet L. Stanford , as
executrix of the estate of the > late Leland
Stanford , shows that sht handled property
valued nt $21.860,215. The fees and per-
centiigCH to which nho was legally entitled
amounted to JS.IT.TfiS , but the waived all
claims for her i-ervlccs. She paid her ut-
torneya $60,000 for their services eind al
low 1 them $7,000 for expenses.
Dyspepsia
Is weakness of the stomach. It Is the
lourco ot untold misery. It may bo
cured by toning nnd strengthening the
stomach and enriching and purifying the
blood vvlth Ilood'a Sarsaparllla. Many
thousand * have been curud by thla medi
cine and write that now they "can eat
anything they wish without dlitrcas. "
Hood's ' Sarsaparilla
Is prepared by C. I. Hood ft Co. , Lowell , Mass.
bold by druggists. | 1 , six tor $5. Get HOOD'S.
"
H * * * ' PHlB euro all liver Ills , u cents.
FAVORS THE UNIVERSITY BILL
lows in Committee of the Whole Recom
mends Ueojute for Passage.
CHANCELLOR MACLEAN HEARS THE DEBATE
Vim Ktfcn'N Impenuliiiiciit Charge *
. \Klllll t . .IllliKeC. . It. . " ( Mitt Of
Oinnlin Arc llefrrrcil lo the
, ) tulle-In r)1 Committee.
LINCOLN , Jan. 30 ( Special. ) The legls-
ature convened at 11 o'clock today , nnd
wax only able to attend to a small amount
of routine business before the time for the
olnt session. But In the afternoon geol
work was done by both bodies. The house
passed several bills of minor Importance
and then went Into committee of the wholu
o discuss the bill to provide revenue for the
State university. The bill was Introduced
> y Clark of Lancaster , but was prepared by
the regents of the university , and asked
particularly for a tax levy of 1 mill on thu
dollar of the valuation of the state.
The bill was advocated by Clarlt of Lan
caster , Pollard of Cass and Weaver of Illch-
ardson In strong speeches. Other members
spoke for the bill , while It was opposed by
Taylor of Caster and Cunnlncham of llnr-
an. At times during the debate the advo
cates of the measure were Interrupted by
applause. It was noticed that among tin )
ittcntlve listeners to the discussion were
Chancellor MacLean , Regent Von Forell nnd
others connected with thu Institution. The
illl was recommended for passage , after a
motion to kill It was overwhelmingly de
feated.
Ono of the matters presented to the house
oday was the Impeachment charge brought
against Judge C. R. Scott by Attorney Van
Ettcn of Omaha. The voluminous document
was presented and the clerk started to
read , when a motion was adopted to refer
ho whole matter to the Judiciary committee.
This committee will take the matter up at
an early meeting.
neve-line mil.
As the legislature gets down to business
he proposed change In the revenue laws of
the state occupies a large share of the time
of the members. With the Pollard bill In
the house and the Van Dusen bill in the
senate , those bodies will have plenty of food
for debate along these lines when discus
sion upon the bills Is reached. Standout
copies of the bills have been printed to
satisfy the demand from outsiders who want
to know something about the proposed
changes.
A thousand extra copies of S. F. 210 , by
Van Duscn of Douglas , will bo ready for
distribution this week. Senator Van Duscn's
bill Is not such a radical departure from
present laws as the Pollard bill. While It
offers many amendments to the existing
acts , still It retains the good features of
our law as It n'ow exist * . The advantage
In this , says the senator from Douglas , in
talking upon the merits of his bill. Is to re
tain the salient features of Iho present
law. which have been construed by the
supreme court and their sufficiency and con
stitutionality fully known. On the other
hand. If entirely new revenue laws are en
acted it will be several years and at the ex
pense of much litigation before the act Is
fully construed by the supreme court and
Us legality known.
Undervaluation of Real nitntt1.
Probably one of the most widely attacked
deficiencies in the existing law , as Is well
known. Is the undervaluation of real estate
and personal property for purposes of taxa
tion. Property la always listed at one-fifth
or lees its actual cash' valuation. This
necessitates high levies , and deceives east
ern Investors , who do not understand our
methods of valuation. In eastern states
property is assessed at its cash value and
Iho levy Is consequently much lower.
When the eastern man of means begins
to inquire as to the amount of taxes in
this state , therefore , and finds a levy of
more than double his own state , he grows
alarmed at once. Senator Van Duscn's bill
strikes at this deficiency In the law , and
proposes to raise the grand assessment roll
of the state from $107,000,000 to about $600-
000,000. Thin being done , It Is then neces
sary to cut down the maximum amount that
the proper authorities will be allowed to
levy for the running expenses of state ,
county and municipal government. Senator
Van Duscn has already introduced two bills
to accomplish thla , and will introduce sev
eral more , as separate acts are necessary In
a large number of the cases.
No one disputes the Inefficiency of the
present revenue laws , and that some changes
will be made this session Is practically as
sured. This will bo one of the most Im
portant matters before the legislature ,
PROCEEDINGS OF TUB HOUSE.
University Hill In Connlclere < l ami
fteoouiiiienileil for 1'nmnMrc.
LINCOLN , Jan. 30. ( Special. ) A petition
from citizens of Clay county was presented
In the house today asking for the passage
of a bill to provide for publication of school
books by the state.
The committee on privileges and elections
reported on H. R. 61 and 91. the two elec
tion bills which had been recommitted for
consolidation , and the amended bill was
recommended for passage.
Hlbbert of Gage offered a resolution pro
viding that hereafter all bills should be
printed In the order in which they were In
troduced.
Thompson of Merrlck spoke briefly In op
position to the resolution , saying that In
some cases important measures might bo
Introduced and which ought to be imme
diately primed. It would be bad policy to
adopt such a rule at this time.
On a standing vote the resolution was
adopted by a vote ol 42 to 10. On being
Interviewed a few minutes later , Mr. Hlb
bert explained that the resolution was In
troduced on the request of the bill clerks ,
the Irregular printing of the bills having
caused them a large amount of extra work.
After reading a few bills the bouse took
part In the Joint session , and then took a
recess to S o'clock.
After recess the regular order was bills
on third reading. II. R. 22 was taken up
and passed by a vota of SI to 3. The bill
amends sections 30 and 31 of chapter xxlll
of the statutes entitled. "Guardian and
Wards. " nnd provides for the arrest of euar-
dtans on information showing misconduct ,
allows for opportunity for defense and con
cludes with :
"If , UDOII the testimony adduced. It ap
pears to the probate judso that the guar
dian Is unfit for the trust , and that the
condition of sucn minor would be umellorl-
ated bv the removal of such guardian , the
Judge shall remove him and appoint another
In his place. " j
The principal object of the bill was to
correct a defect In the original law.
H. R. 31 , by Evans , making a slight
amendment to section C02 of the Civil Code ,
relating to tee vacation or modification of
Judgments , wan pasted by a vote of 87 to 0 ,
H. R. 94 , by Hathorn , provided that all
monoi remaining in the hands of the slate
treasurer at the date of the passage of this
act belonging to the following funds : peni
tentiary , normal building , state bond , capl-
tel building , reform school building , Insti
tute for Feeble Minded , live stock Indem
nity , state relief , conscience and Interest
charged county treasurers , shall be trans
ferred to the general fund , and all moneys
coming Into these funds hereafter from back
taxes shall b citdlted direct to the general
i
fund. " The bill was read and pasted by a
vote of 87 to U.
H. R. 41. by Thompson of Merrick , re
quiring toot assignments of mortgages and
trust deeds , to bo valid as to creditors ana
subsequent purchasers , must bo made In
writing , signed by the assignor , In the
prrseiiLu of at least ono witness , with ac
knowledgment and recording the same as
in other deeds , was passed by a vote of
SO to 7. .
H. R. 77 , by Lane , correcting an error In
section IS , chapter Ixxvlli , Compiled
Statutes' , entitled "Roads , " was passed by
a vote of 85 to . " , .
The house went Into committee of the
whole , with Prlnco of Hall In the chair , anil
H. R. 171 , the State university bill , by
Clark of Lancaster , was taken up. Mr.
Clark look the Iloor nnd explained the pur
pose of the bill Tie said the first part pro
vided for the iiainent of the Morrlll fund ,
Hatch fund and other funds direct to the
stnto ticasurcr , and also gave the university
the right to receive donations. The Impor
tant part of the bill was contained In the
following :
"Tho temporary university fund shall con
sist of the proceeds of Investments of the
permanent fund ; of the rentals of the unl-
vetslty and agricultural college lands leased ,
and the interest upon deferred payments on
sales of the lands aforesaid ; of the rentals
or income of lands or other property do-
intcd , without particular objects or uses
icing specified ; and a tax of 1 mill upon the
dollar of valuation of the grand assessment
roll of the state , which tax shall bo levied
n the year 1S'J9 and annually thereafter ,
All moncjs accruing to this fund are hereby
appropriated for the maintenance of the
university , Including buildings and perma
nent Improvements , and the same may b3
applied by the Hoard of Regents to any and
all university needs , except the Income from
donations made for particular purposes ,
which Income shall be used and applied as
hereinbefore specified only. "
Mr. Clark said the Increase In the levy
was made necessary by the growth of the
nstltutlon. The money thus raised would
still have to be appropriated by the legls-
ature , but It would do away with the neces
sity of appropriation of the same amount of
money from the general fund. He said It
would on the present valuation produce a
revenue of $167.000.
Rasterllng of Buffalo , Lemar of Saunders
nnd Peck of Holt spoke In favor of the
passage of the measure. Mr. Peck , however ,
sold that If moro money was laid out on
the schools of the state there would bo less
of a rush to the State university mid
would make it unnecessary to raise so much
money. Ho did not think all the members
wore ready to vote and ho hoped the bill
would be mane a special order for tomorrow
afternoon.
Mr. Clark said the members would have
plenty of tlmo to study the bill befoio It
came up lor passage.
Taylor of Ouster said there were other in
stitutions in the state auite as sacred as
the university , and they were the homes of
the people upon which the extra tax would
be levied. He thought too much was being
expended with too little check on the ex
penditure.
Fibber of Danes talked for the bill and
explained that if the 1 mill levy was
adopted the amount raised would be less
than was appropriated two years ago. He
told of the good work of the Institution and
did not believe there had been any extrava
gance.
Evans of Adams favored the bill and said
there was no class or. taxes paid by the people
ple moro cheerfully than that levied for
educational purposes.
Cunningham of Harlan said he did not
think economy was being practiced. The
Institution had too many teachers. There
were 200 Instructors and 2,000 pupils. He
did not want to Insinuate that the roll was
padded , but he was unable to fli\d anything
like that number when he visited the uni
versity a few days ago. He said the so-
called Instructors worked one or two hours
a day and the rest of the time they playeJ
or lobbied tor more money. He ridiculed
the mechanical department and the farm
department and closed with the suggestion
that thu appropriations ought to bo lowered
rather than raised.
Pollard of Cass said he was shocked at
the expressions coming from the gentleman
from Harlan. Mr. Pollard said that ho
himself was a farmer and had done no other
kind of work In his life , but he had passed
through the university and was thus en
abled to be a better farmer. The longest
hours ho had ever put in were at the uni
versity and ho knew of the hard work done
by the Instructors.
Weaver of Richardson said ho was pained
to near members of his own party talk
against the university and he was sure the
number of these must bo small. Ho then
told something of the needs of the univer
sity and of Its overcrowded condition. He
said the chapel was built twenty jears
ago for 500 students and the armory was
now large enough to accommodate one-half
the members of the military department.
Tajlor of Ouster spoke again on the ques
tion and moved the Indefinite postponement
of the bill.
Myers of Douglas eald he was glad to
stand on the Iloor and support this bill. Ho
was ready to vote for anything for the bet
terment of the university.
Sturgcss of Douglas spoke for the bill nnd
read some comparative figures from other
states.
The motion to kill the bill was defeated
by an overwhelming vote and the committee
recommended It for passage.
IMlOCEEUIMiS OF TIII3 SIJ\ATU.
IIlKli School lllll IN CotiNluVreil ami
HeeoniiiiviiiltMl for I'IIMNIIKC.
LINCOLN , Jan. 30. ( Special. ) The senate -
ate convened at 11:30 : this morning. Piesl-
dcnt Gilbert ran through the order of busi
ness without meeting a response until the
order reached for the Introduction of bllla ,
when several new bills were offered.
President Pro Tern Talbot called the sen
ate to order at 3 o'clock. Dills on second
reading were first taken up.
The senate went Into committee of the
whole with Currle of Ouster In the chair.
S. F. 11 was the first bill ready for dis
cussion. It Is the bill providing for free
attendance at public high schools and was
introduced by Senator Currle. This bill Is
similar to the one passed four > eara ago ,
curing defects In tto former bill as pointed
out by the supreme court , which declared
the 1S95 law unconstitutional.
While the bill was being read the com
mittee arose to receive the clerk of the
house , wno Informed the senate that the
house had passed II. Rs. 37. 43 , 44 and 18.
The committee of the whole again con
sidered S. F. 41. with Senator Currlo In
tlio chnlr. The provisions of the bill are
as follows :
Section 1. That all regularly organized
public high schools deternllned by the state
superintendent of public Instruction to bo
properly equipped at to toaohers , appliances
and course of study shall hereafter be open
to attendance by any pcrscii of school nge
residing outside of the district , resident ot
the state , whoso cducaton cannot profitably
bo carried further In the public school o"f
the district of his residence ; provided , tuch
pupil must bine a certificate , signed by the
county superintendent , that said pupil has
completed the common tehool course pre
scribed by the state superintendent for work
below the high achool , provided , further ,
such non-resident pupils fchnll bo tubject Itj
all respects to the same rules and restric
tions as tboao which govern resident pupil *
attending such high school , and attend the
nearest high school of approved grade , or
any high CLhool ot approved giada In tht
county of their residence ; provided , further ,
when any high school shall be unable to
furnish accommodations to non-residents
without conswtiotttig or renting additional
bulldlcKs the beard of education may refutu
admission to such pupils.
See. 2. The state superintendent of public
Instruction Khali have power , and It chall
be bU duty , to determine annually v.bat
high school * In this state meet the require-
inentM of the preceding section and ore sub
ject to tlit > provisions of thle net.
SCL' . 3 , The school board of rach school
district of this state whoso high school Is
nttoimed by pupils under the provision ot
this act shall , at the close of each school
year , report In euch form as the state BU-
pcrlntcudMit may prescribe to the count )
board of each county In which such pupils
ore resident the number of pupils attending
such high school from mid county and tb
length of tlmo of attendance of each pupil In
weeks as hereinafter specified , and e.ild
county board shall , at the first regular meet
ing after thu HlUig of such report , allow said
district the aum of 7C cents for each pupil
reported for each week during nny part of
which said pupil shall have been In attend
ance , and order a warrant drawn on thn
proper fund of sold county In favor of said
school beurd for .such sum. and the teach
er's itglster sfiall be prinu facie evidence-
of attendance of pupils set forth In sucb
claim.
Sec. 4. The expenses contemplated by pro-
vUlons of this act shall be paid from the
general fund In each county except that the
county board of any county may levy an
nually ii sufficient tax to meet the purposes
of this act. not to exceed 1 mill en the dollar
lar of assessed valuation of said county for
the preceding jcar , to be levied and col
lected lu thu manner provided by law for
levy and collection of other taxes.
Sec. G. That section 3 of subdivision vl.
chapter Ix.xlx , Compiled Statutes of Ne
braska of 1S97. be and the earno IB hereby
amended to read as rollout ; : Section 3. Said
trustees shall have power to tlabslfy and
grnda the scholars in such district nnd cause
them to bo taught In such schools and de
partments as they nmy deem expedient : to
establish In such district a high school when
crdeicd by a vote of the district nt any an
nual meeting , and tp determine the qualifi
cations for adnilFslonu to such schools , to
employ all loachera for the eevcial tchoola
of said district , to prescribe course's of Ktudy
and text books for the use of suld schools ,
and to make such rules and regulations as
they may think needful for the government
of the schools and for the preservation of
the property of liho district , and also to de-
tormlne the raitea of tuition to be paid by
non-resident pupils attending nny school in
said district except non-resident pupils at
tending the high school pursuant to bcctlim
1 of this act.
Sec. G. That section 2 of subdivision xlv.
chapter Ixxlx , Complied Statutes of Ne
braska ot 1897 , bo and the same is hereby
amended to read as follows : Section 2. That
all schools organized within the limits of
said cities shall be under the direction and
control of the boards of education authorized
by this bubdlvlslon. Such schools shall bo
freu to all children between the ages of 6
and 21 jewrs , whose parents or guardians
live within the limits of said district , and
all children of bcbool ago non-resident of
said district who are or may bo by law al
lowed to attend said schools without charge.
Sec. 7. That section 2 of subdivision xvil ,
chapter Ixxlx , Compiled Statutes of Ne
braska for 1897 , bo nnd the eauie Is hereby
amended to read as follows : Section 2. That
: echcols erected or organized within the
limits of said metropolitan cities shall be
under the direction and control of the board
of education authorized by this subdivision.
Such schools shall bo free to all children bo-
twoctk the ages of C and 21 year * whose
piaronta or guardians reside within the. lim
its of tatd district , and to all children or
achool age non-rraldenU ) of said district who
are or may bo by law allotted to attend said
schools without charge.
Sec. 8. That section 7 of subdivision xlv ,
chapter Ixxlx , Compiled Statutes of Ne
braska for 1897 , bo amended to read as fol-
IOWB : Section 7. That the boards of educa
tion shall have power to select their own
officers and make their own rules and regu
latloos bubject to the provisions of this sub
division and of this act , but no mcinbcr ot
the board , excepting the secretary , shall ro
celvo or accept any compensation for serv
ices performed in discharging the duties ot
his oftlce.
Fiarrell of Merrlck was not In favor of
mixing educational affairs with the busi
ness of county boards. He thought each pupil
should pay nls own tuition and not tax five
men to pay the tuition of the child of ono In
a high schooI.fHe did not think It would be
a popular lawSutbMhe majority.
Currlo of Cuater said the gentleman from
Merrlck wui. the first one to oppose the pro
visions of this act in bio hearing. It gave
every child everywhere In the state the
opportunity for a free high school educa
tion. The bill was endorsed by the. State
Teachers' association and demanded by nine-
tenths ot the school people of the state. It
gave all children who ore struggling for an
cducAtlon , perhaps under adverse circum
stances , free admittance to the high schools.
By it an invitation was extended to the
thousands ot children for a better education ,
many of whom would otherwise be deprived
ot an education through lack of funds to
pay tuition.
Farrell of Merrlck still objected to the
bill , opposing the provision to pay the tui
tion out of country funds. Ho wanted each
pupil to pay his or her own tuition.
Fowler of Fillmorc said this is the poor
man's bill , and he was surprised to hear
the senator from Merrlck In opposition. The
primary schools are free and the State Uni
versity Is free. Why should not that neces
sary Intermediate step , the high school , be
also free to ull ? It Is a bill in the Interests
of the country districts.
On motion of Van Dusen of Douglas line
1 of section 4 was amended to read "gen-
cial fund" Instead of "general levy. " Ho
favored opening the high schools to young
men outside of the high school districts
who are unable to pay tuition.
Hannibal of Howard said it was a burden
for country people to be obliged to pay tui
tion to high schools. Ho could not see wny
anyone would object to opening the high
schools to every child In the state. Ho
heartily favored broad and liberal free edu
cation. This is a benefit to the poor man's
children outside of high school districts.
Allen of Furnan said he secuied what edu
cation ho had at public expense. He didn't
want to deprive any young man or woman
of a free education by his vote.
No > cs of Douglas emphasized the fact
that this bill completes the symmetry of
our school laws by bridging over the link
between the primary schools and university
as brought , out by Senator Fowler. It gave
ovcrv child full advantage of our state's
magnificent system ot schools.
Farrell of Merrlck persisted In his op
position. Ho thought eaoh school district
at least should pay this tuition.
Owens of Daw son said Senator Farrell
was getting away from popullstlc principles
that favored government contiol of all
tlilngi ) . He ( aid the bill would not give
the high ( school districts any advantage.
This law had given general satisfaction be
fore It was declared unconstitutional by
the supreme court because of the failure ot
the repealing clause to repeal the old law.
Tnrrell of Merrlck denied that he was
an enemy of education.
An amendment by Talbot of Lancaster to
create a school board treasure ? was lost.
Miller of Buffalo offered an amendment
cutting down the amount to be paid for
pupils from 75 to .10 cents per week. Sen
ator Miller thought 75 cents a week was too
much. He said the towns where high schools
are located had the advantage of heavy rail
road taxes , saloon licenses and fines.
"If wo farmers go into town , get on a
big drunk and are fined , " said Senator Mil
ler , "all that fine goes to the school board
In the town. Our country districts don't get
any of It. "
"You have the fun , " suggested Van Du
sen of Douglas.
Fowler of Flllmore , Prout of Gage and
Owens of Daw eon opposed the amendment ,
having figures to show that It costs more
than the amount prescribed. The amend
ment was lost. The motion to repori the
bill for passage prevailed and the commit
tee nrose.
The senate then adjourned. '
IUM.S ivritonicii ) > IN TUB HOUSI : .
I'our AIM * MnittiirrN Are Ilrouulit Kor >
itlird for t'oiiNlilerullon ,
LINCOLN , Jan. 30. ( Special , ) Four new
bills were Introduced in the bouee on Mon
day , as follows :
II. R. 360 Rv Crockett : To amend sec
tion f.20 , Compiled Statute * of 1397 , tltlo
17. Cede of Civil Procedure- , entitled
"Cewti" , " allowing siirrty companies < o fur
nish suretv for costs In cases brought by
nonresident litigants.
H. It. 3S1 Uy Prince : To amend sec
tions S3 , SG nnd S7 of chapter xl of the >
rrlmlnal Code , relating to "Game and
Fish. "
II , R. 382 lly Mcmmlngor : To provide
for the registration of bliths nnd dc'atlH
In the Ecviral counties of the state.
H. n. SS3 lly Hicks : To provide for
the appraisement and to govern the nalo of
pcrscnal property taken In execution or
attachment Issued out of nny court of the
state.
IIIM.S i.vi'iionwcn i > TIII : snvvrn.
MIIP "Sen MonMiirt-N Arc Ilroiittlit Tor-
wnnl for ( "ottMlili-rntlim.
LINCOLN , Jan. 30. ( Special. ) Nine new-
bills were Introduced In the senate Monday
as follows :
S. F. 224 n.v Canoday : To amend sec
tion S7 of article I , chapter Ixxvll , entitled
"Revenue , " of the Compiled Statutes for
1897 , relating to abolishing township , Al
lege nnd city tax collectors
S. F. 22f > lly Cnnadiy To amend sec
tion f > 5S of the Cede of Civil Procedure ,
S. F. 226 lly Canndny : To amend sec-
flous 072 and 973 of the Code of Civil Pro
cedure
S. r. 227 lly Canaday : To provide for
the appointment and election of cleiks of
thct district court In counties which have
attained a population of 8.000 or moro at
other times than at the gcncial election
for clerki of the district court.
S. F. 228 Dy Canada * To amend sec
tion 17 of the Code of Civil Procedure.
8. F. 229 By Hannibal To amend sej-
tloni 83. Stfi and SSa of chapter xl ot the
Criminal CoJe , relating to "Game nnd
Pish "
S. F. 230 By Van Dusen : To amend ,
that pant of section 25 , article I , chapter
xvUl , of the Comnlled Statutes of Nnbrask'
for 1897. designated "First. " and to repeal
said original sett Ion , cutting ilo > vn the
maximum levy of the general fund from
15 to 8 mills
S. F. 231 Bv Van OnsenTe > amend
soutlon 13 of article II of dhapter xllla. Bec-
tlon 14 of nftlcle II of chnotcr xllla , section
20 of article II of chapter xllla. section 20
of article 11 ot chapter xllla. subdivision 30
of star section 68 of article II of chapter
xllhi. subdivision 46 of star section ( IS of
article 11 of chanter xllla , section 97 of
article 11 of chanter xllln. nnd to repeal
said sections as now existing and < to repeal
subdivision 27 of star section 68 of artlolo
II of chanter xllla , all of the Comnlled
Statutes ol Nebraska for 1897 , providing nn
oleotlvo tax commissioner In cities of the
metropolitan class.
8. V 232 By Crow : To amend flection
1030 of the Code ot Civil Procedure.
S. F. 233 By Miller : To amen 1 section
1094 of the Code of Civil Procedure of the
state of Nebraska. Compiled Statutes of
1897.
GREATEST OF GOLD STRIKES
Ore Foniiil ill Cripple Crork AVlilrli
CoiitnliiN n Fortune In Kuril
mill K\ cry Ton ,
DENVER , Jan. 30. A special to the Newt
from Cripple Creek , Cole , says of the recent ,
strike In Isabella ground : "Your corrc- ,
spondent saw chunks of sylvanlto that were
three Inches thick and solid metal , and
chunks ot the oxidized ore of the same
width that he whittled with his pocket- I
knife. No assays have been made on the
rock ; it is not necessary , but pieces of the
free gold run over $500,000 per ton. The
Molllo Gibson , near by , never produced ore
that carried more ounces In silver per ton
than this Isabella ore docs In gold. With
every hour's work the streak Is lengthening
and widening. Joining this metallic body
there are six feet of quartz that will run from
$1,000 to $2,000 per ton. "
Manager Kllburn said to your correspond
ent : "I do not like to say anything that
will excite the people any more than they
are at present. The metallic ore body has
doubled in size both ways since yesterday
morning. Some of the pieces of ore are SO
per cent gold. I never saw such mineral and
I do not believe that its like was ever mined
In this or any other camp In the world.
We have had no assays taken on the rock.
But a ton of It could be picked out that
would run anywhere from $50,000 to $200,000
per ton.
"Armed guards are watching the pioperty.
The strike was made In thu new ore body at
a depth of 830 feet below the surface. The
chute has been cut at the seventh level , 200
feet above , and also at the fifth. At the
latter place an assay was obtained In the
breast of the drift jesterday on two feet of
ore that went better than $1,000 per ton.
There Is at least blocked out between the
ninth and seventh levels $5,000,000 worth of
ore. "
LEITER OUT OF WHEAT DEAL
I'rcNeiit Itlno In Hint Article Horn Not
IntercNt Mini HUM1'orin -
TrtiNtM.
CLEVELAND , Jan. 30. Joseph Lelter , the
Chicago speculator , in an Interview here
concerning the recent rise In wheat Is quoted
as saying : "I am not paying any attention
to wheat now. I have dropped that and
am giving my whole attention to the busi
ness of forming combinations. However , It
Is no trouble to account for the rlhc In
wheat. The demand Is simply greater than
the supply. "
Speaking of his work In forming various
combinations , etc. , Mr. Lelter said :
"My last c mpleted vvorlt was the organlzt
tlon of the International Air I'owur com
pany. That Is , a company which makes ap
paratus by which compressed air Is utilized
as a' motive power. The company Is a
large one and Is already doing business In
New York. "
Mr. Lelter denied that the trusts nil so
prices , but kept them down. "When one of
these very largo companies gets possession
of the field It Is good business policy to
keep prices down to a point where no com
petitor can reach , " eald Mr. Lelter.
UP AGAIN AND GONE AGAIN
Turn Miarkc ) Daltlm nltli .luck JIc-
Cnriiilck u II on nil ami it Half lie-
fort ; 1'iittliiur Him Uut.
PHILADnLI'HIA , Jan. 30. Tom Sharkey
put out Jack McCormlck of this city In the
second round of what was to have been .1
six-round go at the Arena tonight. The
bout lasted us long as It did probably be
cause the Bailer wanted to give the great
crond something for their money Sharkey
decided to end the lighting after some lively
work In the second. Tutting in a left uppercut -
cut , ho sent In right and left to the jaw and
brought the left up again to the same spot
McCormlck went down and stayed the limit
When he got to his feet again Tom banged
a right In the stomach and left on the j.iw
and the local man went out of buslnrra
The round lasted uvo minuter and fifteen
second. ' .
Itolilii-rx l ) > iiiiiiilli- Safe ,
TOUT WOHTH , Tex. , Jan. SO. Throe
robbers dynamited the safe In the Moro of ,
the Kelly Plow company nt Longview last
nlglit. Quito a sum of money was Hccured.
The building was badly blmttered , Ono of
the crackmnm was seriously Injured. Joe
Carroll , ono of the > robbers capture-d , was
from Joplln , Mo.
CllllliillrH Control .Ni-uro lloinc ,
ST. JOSBIMI , Mo. . Jan 30. The national
homo for ugcd and dependent negro ex
slaves , established here > live jearn ago by
several prominent negroes , has passed Into
the bancta of Father Graham of St , I'atiick'f ,
Itomnu Catholic church. Ho t.ay It will
continue to bo u non-ncctnrlan Institution.
TO t'l'itn . \ coi.n IN OM : nw
Take Laxative Ilromo Quinine Tablets. All
drugglbts icfuml the inenny If It fnllx to
cure. The seuuhiu has L. 1) ) . Q. oil each
Ciblot.
"BSlNlJfcAUL
Joseph V , Qnnrlcs , Lawyer , of Milwaukee
Nominated for Senator.
OTHER CANDIDATES GRACtFULLY RETIRE
Stciilirtixoii'N > iiiu > \Vltliilrnuii mill
HieI'lrlil IN rlonrcil for I'niin-
Iniiint IIiHlorxi-inrnt of
MADISON , \Vls. , Jan. SO The senatorial
deadlock was broKen tonight. Jo e'ph V.
Quarlrs of Milwaukee WHS nominated In the
lepubllcnii caucus to miccee-d John L. Mitch
ell , whose term expires March I.
A big crowd filled the lobbies In expecta
tion ot a nomination and the ke-enest In
terest was manifest. When the roll cull was
ended ABsemblviuaii Xlnii of Milwaukee got
thu Iloor and formally withdrew the name
of Isaac Stcitienson as candidate. Ho said :
"Mr. StephciiHon's withdrawal loaves his
supporters free to vote as they wish and J
for one will henceforth vote for J. V.
Quark-s. "
Mr. Finn's statement was greeted with an
outbuist of applause.
Senator McGllllvray then took the floor
nnd withdrew Congressman Habcock's name.
"It In Mr. Hnbcock's wish , " said Senator
McOlltlvrny , "thnt harmony bo preserved
and ho desires that his name bi > withdrawn i
for the good of the re-publican party. Ills
wlthduiwal leaves his supporters to vote as
they wish. "
Another burht of applause and Assembly
man Williams got the Iloor nnd withdrew
.Mr. Cook's name1. Judge Glbbs' name was
withdrawn and the roll call was ordered.
A few names we're called by Secretary
Hay when Senator Hatton moved that the
nomination be made unanlmoiu , The chair
man ruled the motion out of order , ns tlio
roll hud been begun , but said ho would put
the motion If there was no objection. Sen
ator Green objected nnd wanted the roll
call and It was had , everjbody voting
"Quarlcs" with a shout , but Assembljnian
Daggett , who eamo In during the roll call ,
not knowing what was going on , voted
"Stcphenson" amidst laughter. IIe > after
ward change , ! to Quarlcs and the vote was
made unanimous.
Joseph Very Qunrlcs Is n native of WIs-
coiibln , having been bom In Kent county
fifty-live > e-ars ago. Ho wm graduated from
the High school of Kenosha nt the nge ot
17. In 1S > ( J2 he entered the University of
Michigan ns a fie-shman , but left his studies
during thu rebellion and enlisted in the
Thlity-ulnth Wisconsin Infantry , being niadu
first lieutenant of Company C. At the ex
piration of hlh servlee lie returned to tlio
university nnd was graduated with the elass
of ISCtt with thu degree ot bachelor of arts.
Later ho studied law and was admitted to the
bur In IStiS. Mr. Qimiles was elected district
attorney of Kenosha countj and ma > or of
Ke-uosha and also represented his district lu
the leglslatuie as asse-mbljinan and sena-
tor. Ho practiced law In Haclne a number
of jcars and removed to Milwaukee In 1SSS ,
since which time ho has curried on a suc
cessful law practice at the head of the
linn of Quurles , Spence & Quark's. ,
Mr. Quarlcs was married In 1SCS to Miss
Carrie A. Sauuders of Chicago and they have
thrco sons.
.vcn or SPIAKIII AVUICIIT.
lie 1'iitN 111 Illn lU-xlufiuitlnii
I'rolCNl Dcnillook I nliroUi-n.
SACUAMUNTO. Cal. . Jan. 30. When the
assembly had been railed to order today
Speaker Wright tendeied his resignation as
speaker of the house. In his resignation he
set forth that he had been guilty of no crime
and that ho regarded the findings of the spe
cial committee as not warranted by the evi
dence , but that as the report showed that
a uumber of members of the body thought
his conduct censurable , that he had con
cluded to take the rourbo he had taken In
passing In his resignation.
At 2 o'clock the resignation was accepted
and Alden Anderson , speaker pro torn of thu
assembly , was elected to Wright's place. D.
E. Duiilap of San Joaquln was elected
HpeaKcr pro tern to fill the vacancy caused
by the advancement of Anderson.
After considerable debate the report of the
special committee , ab presented to the house
on last Friday , was adopted , and the com
mittee discharged , except th.it It remains In
being to hear the testimony of Milton J.
Green , at present too 111 to appeir before It.
A resolution was introduced by Burnett ,
democrat , providing for the unseating of
Wright. The resolution was denounced by
Dibble , republican of San I'ranclsco. as
being cruel and out of place , the > oung man
( Wright ) having received punlshim-nt
enough alreadj. The resolution was lost , but
one of the members voting for It.
The vote for United States senator taken
at noon today showed the- deadlock to bo
unbroken , the ballot icbultlng the same as
those taken during thn Hst ton davs.
IIAM.OTS roit 'run MV.N vroitsiui's.
> o Quorum | > rs nt nl .Joint S > MMOII
ill I'ciiiio } iMinhl.
HAKIHSUURG , Jan. 30. The eleventh
ballot for United States senator today re
sulted : Quay , 25 ; Junks , 4 ; no quotum.
UOVBK , Del Jan. 30. The twenty-sec
end ballot for senator resulted- Gray , dem
ocrat , 14 , Addlcks , republican , II ; Dupont ,
republican , .1 , Chandler , republican , 1 ; Hlg-
glns. republican , 2 , 'Spruanco , republican ,
1 ; Willis , republican , 1 , Topham , repub
lican , 1 , Handy , democrat , 5
SALT LA KB , Utah , Jan. 30. 3U ballots
were taken for senator today McCune held
hlfl vote of Saturday and King lost one.
The republicans voted for C O. Whltmore.
The other feature waa the appearance of
Towers In the list of candidates The last
ballot was King , democrat , 13 ; McCune ,
democrat , 27 1'owera , democrat , 1 ; Cannon ,
7 ; Whltmore , republican , 12 , Sutherland ,
republican. 1 , absent , 2
OLYMI'IA , Wasli , Jan. 30. One ballot
was taken today as follows Toste-r , 2S ,
Wilson , 27 , Humes. 18 , Ankeney , 10 , lllch-
ardbon , 1'J ; Lewis , 1 , Drldgos , 1.
SiMinlor nml Mli.lli-r llnniini'loil.
INDIANAPOLIS , Jan 30 The Columbia
club tonight tendered a reception to United
States Senator Albert J. Heverldge and A C.
Harris , minister to Austria. There were at
After the
Grip
This Is the time of the great
est dancer , when you are In a
condition Just right lor Pneu
monia , Bronchitis or Nervous
Prostration.
You should consult your doc
tor ; he will no doubt tell you
to exercise care and take
Scott's ' Emulsion
It contains Cod-Liver Oil , Hy-
popliosphltes and ( Ilycerlnc In
a form that will nourish , feed
and warm the body and
strengthen and tone up the
nervous system. It Is Just the
thing after an acute attack of
Grip.
toe. ind $ i m , ill druxgUtf.
SCOTT& liOVVNh , Chtmuii , Ntw York.
least 1,000 RtientK , Including uirmbcm of all
the big clubs nnd of the U'KlMature- the
banquet toasts were responded to by Gov
ernor Mount , Hone-rat John C. Ni'w , Jud
J. II. Ilaker , S. B. Morse , He-nator Ilever-
Idgu nnd A. ( ' . Harris. It wan the blggcit
reception of the Kind ever held In this city
nnd was uonpnrlldin In character.
l , - ( liillt c rrnc
CHKYKNNK. Wjo. Jan. .10. ( Special Tel-
egrani. ) In the Wjonilng legislature today
the bill providing for re-moving Htato con
victs from their present place of confine
ment at Ijir.imlo to the new stale peniten
tiary at Haw HUB , enmu before 111 ? house nnd
precipitated a llve-ly fight between Iho
trie-mis of the measure le-d by the Carbou
county ill-legation and Its opponents Ie-d by
the members from Albany coutit > A pplrltt-d
discussion on the- merits of the present pcnl-
trntlary nt l.nr.uule , which VT.II don.itcd to
the- state by the federal government , and
the ne-w Inxtltutlon at KawlttiR followed a
motion to indefinitely postpone the bill. The
motion wan lost nna the bill was made a
special order for tomorrow.
Appointed liiNiirnnt-e > ConiiiilMNloniT.
TOl'BKA , Jan. 30. Governor Stanley to
day appointed At. V. Church of Marlon to
succeed We-bb McNall as state Intuiranco
commissioner. Tlio populist senate titll piob-
ably confirm the appointment.
AVri-oKi-il < iu Vniie'oiM rr'M e'onxi ,
VICTORIA. D C. . Jan. 30 The utea-u-r
Queen City reached hero today fn > n the
west e-oast of Vancouver Islund , biliigiig
the news thnt n largo vessel hid Moated
'in the rocks. Thcic were no means ot
Idonilfvliig the ve-Sbol , the nnmo board lie-
Ing quite * obliterated. Some casks of fish ,
llfo liuojs , planklnc , bulwarks and portions
tions of the ship's docUisuso were also
found by the Indians , but furnlslu-d iu > clew
an to the Id/utlty of the vessel. Tlio cap-
'aln of the- Queen City nays the roast from
Quablno In Capo Seott Is jltteml with
wicekage , but tlio weather was too thick
and stormy to allow investigation. The
theories are tint the wreck may bo the
Conrailoo , 110 d.ijs out from Kobe , for Tn-
coma , or the Ce-ltlc , 120 ( lavs out from Hong
Kong for Victoria.
THE EXCELLENCE OF SYRUP OF FIGS
is due not only to the originality nnd
simplicity of the combination , but also
to the care and bit ill with which it is
manufacture. ! } by bciuntiflc processes
known to the CAMFOKMA FIG Svitur
Co. only , and we wish to impress upon
all thu importance of purohnsintf the
true and original remedy. As > the
genuine Syrup of Figs is manufactured
by the CALIFOIINIA Fie Svnup Co.
only , a knowledge of that fact will
assist ono in avoiding' the worthless
imitations manufactured by other par
ties. The high standing of the CAM-
FOHNIA Fia SYHUI * Co. with the medi
cal profession , and the satisfaction
which the genuine Syrup of Figs has
fi < .ii to millions of families , malres
the name of the Company u guaranty
of the excellence of its remeely. It is
far in advance of ull other laxatives ,
a * it acts on the kidneys , liver and
bowels without irritating or weaken
ing thorn , anel it does not gripe nor
nauseate. In order to gut its beneficial
effects , please remember the name ot
the Company
CALIFORNIA FIG SYRUP CO.
CO. Cnl.
Crcighton-ORPHEUH Lei-A3 !
lly the Unanimous Voice of the People )
the He-Ht Show that iver llus lieen
Seen Here.
MR. EZRA KENDALL
Tlin lirllllant Monologue Artist
Oreat Triple. Alliance of Legitimate * Star. " ,
PilarMorinRose Eytinge and
Clement Bainbridge
In the Comedy. "THAT OVHKCOAT "
Al and Mamie Anderson .
In Their Orlulnnlltv. "Till ; COON AND
mi : canuun "
GONRY & M'DOHALD
Irish SlnKfis D.ineors and Storv Tellers ,
MAZUZ AND MAZETT
"Till : THAMP AND Till : UIIAKI2MAN. "
CLAYTO AND CLARICE
The Juvenile' Stiirs of the Vaudeville Stage ,
P. C. SHORTIS
The I.iddy of All IJnnjo Playorp.
Prices Never CImnKliiK HvcnlnKs : Re
ceived seat , Ko and 30c ; gallery. lOc. Mati
nees : Any wat , 2Jc ; children , lOc
BOYD'S ' THEATER & ' . Tel. 1919.
Till' . rillDAV HAT. r/,1 , 0 0 J
h.itiirday .MatineeICUi t w * T
IIIflin WAI/4II mill
Seats MUI.IIOI KM : .11 At ! nowr.i.n
Now In Kanny Davenport's I'roductlon
if S.inlou's 1'Iays
on Tliursdiiy and III A TflRflA"
Sutuiday NightsLH IUOUH
Sale. . . Friday Night "FFflflRA"
. . .
3 ituriiny MiltllICO I LUUIIM
] > ewer floor $160 , | 1 Oo "Ix- . Itale-onv. 730
and 50c. fiallerv. 23c M.itlncn P trices , lower
Iloor $1.00. 75c. SOc. Hulemij , SOe- and HJc.
Creole Rag Time Opera
Chamber's Academy
Crclghton Theater Hulldlng.
ONE NIGHT ONLY.
FRIDAY , FEB. 3
CINDY'S WEDDING
Hcpleto with Songs , Dances and Specialties ,
under the aiifplces of
All Saints' Parish Aid
Society.
Direction ofVlllard B Chambers.
Entertainment at S 15 Dancing at 10.
ADMISSION rOC.
THE MILLARD
13th and Douglas Sts. , Oinahu ,
-AJir.UIC.VX AMI KllllOl'KAS 1'J.AM- .
CKNTItrtLtiV LOCATUD ,
J. 12. ftlAltKKL A SO.X. Props.
"
THE NEW MERCER
12th and Howard 8tn , Omaha. '
European 1'lai. , Jl 01
Ameilean 1'ian . . . . . . , , , , . . . | j ou
Vou will Unit your frluulK re-Klftntd here.
V , J. COATIS. I'rorirtetor.
A\M. ANUUCWH. Chief Clerk.
f