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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 7, 1921)
J tell : A ItTSli" 5Ssi !- ( V II II Vfte' Ttfetklejoh-ti lsjV.rasVa To-i sin tors Toted Guns When Governor Called State Troops to Keep Rival Out of Office State House Became an Til! T; IggSSI'f Armed Camp in Fight Between James Boyd and John Thayer. By VICTOR B. SMITH. Governor Len Small of Illinois "backed down" from his threat a few days ago to call out state militia to protect himself from arrest for al leged misappropriation of state funds and thereby calmed the fears of Illi nois citizens who feared an outbreak of near-anarchy if governor and courts proceeded to test out their re spective strength by exercise of force. Back in 1891, Nebraska not only heard threats of such action, but experienced it. For days the state house at Lincoln was an armed camp vith state troopers, police and spe cial guards patrolling corridors, with the supreme cotirt defied and with actual shedding of blood not merely feared but expected. John M. Thayer, retiring gover nor, refused to turn over his office to James E. Boyd, governor-elect. A majority of the state representa tives refused to canvass the vote which would show Boyd elected. The supreme court ordered the canvass to proceed. The legislators defied the court. The sheriff was assaulted. State guardsmen were called to arms to guard the state house. Thayer called special police into service to guard his offices. Members of the legislature and everybody connected with it carried guns in handy holsters or pockets and for two days the capitol was a powder magazine which needed only a spark to produce a catastrophic explosion. Election Close Race. The trouble started when the elec tion returns indicated a remarkably close race between L. D. Richards, the republican nominee; Boyd, the democrat, and John H. Powers, the independent populist. The vote stood: Boyd, 71,331; Powers, 70,187; ' Richards, 68,878. After the election, it was charged that Boyd was in eligible to the office because not a naturalized citizen of the United States. Independents controlled the ""legislature and it was planned to deny Boyd a title to the governor's chair. The signs were ominous from the day the legislature met. S. M. El der was elected speaker of the lower house representing the independ ents. Republicans and , democrats were in the minority. On January 8, both houses of the legislature met in joint session to canvass the vote for governor and other state offices. The lower house, just before this session, vot ed to change the- rules to .provide, that its own -speaker should preside at the joint session jtvstead ol.the retiring lieutenant-governor, - George t. Meiklejohn. This move was m order that controt of the proceedings K in thff Viands ftt iLMer. WnO OD- Vaosed Boyd, instead of Meiklejohn, 1 Zi.uJ ,.,,, Mm' r Will? WVUlVVi Meiklejohn Refuses. ' But Meiklejohn refused to be put out, claiming authority by virtue of the constitution and the custom of 20 years. Taking his position afuie speak er's desk, he declared the session open and instructed the speaker to canvass the vote. "But how shall I dispose of the contest?" asked Elder. A state senator moved that the count be postponed until the contest be settled, which would allow the retiring governor, Thayer, to con tinue in .office. . Then bedlam broke loose. Meiklejohn ruled that no motion would be entertained and no busi ness transacted except the canvass of the votes. Senator Stevens moved to appeal his decision. Meiklejohn ruled that there could be no appeal. He demanded that Speaker Elder canvass the vote. Elder refused. , Meiklejohn, with unperturbed mien and firm voice, repeated his demand. Elder Breaks Seal Elder wavered, broke the seal, then .straightened up again and again re fused. Members of senate and house made motion sfter motion. Meiklejohn ap peared to hear none. Finally, after four hours of wrangling, the session recessed until the next morning. Then the real fireworks began. On petition of State Auditor Ben Ion, the state supreme court issued a writ commanding Speaker Elder to canvass the returns. The indepen dents caucused and decided to refuse to recognize Meiklejohn as presiding officer, and to refuse him admittance to the house chamber. Speaker Elder issued a warrant for his arrest. Speaker Comes Early. But Meiklejohn was an early vvorin. The meeting was scheduled for 10 a. m. At 6 o'clock Meiklejohn was at the state house. Accompanied "bv four guards, he entered the door of the house chamber and took his place at the speaker's desk. A little later two segeants-at-arms ap 'proached. , "I guess I have a warrant for your arrest," said one to Meiklejohn. "Let me see it, replied tne neu- I were opened to members. However, every person not entmea to aamis sion by the rules of the house was vigorously excluded. Members Take Seats. x "The members all filed in and took their seats quietly and were soon busy reading the accounts of yester day's scrimmage in The Bee. The corridors leading to the hall of the house soon became densely packed, but the speaker had given orders that the galleries should remain closed and the angry crowd had to content itself with waiting on the outside and catching such meager information as was doled out by the employes. To relieve themselves from time to time they set up a wild cheer. "The crowd increased constantly on the outside and the greatest ex citement prevailed. "Meanwhile the legislators were locking horns in the great contest. The independents refused to rec ognize Meiklejohn as presiding of ficer and the democrats and repub licans ignored the powers of Elder. Finally, the three parties, after a warm conference, decided to appoint a committee of four from each party, the same to submit to the supreme court as to who should preside. All agreed to this. Crowd Cheers. "The announcement of this propo sition to the crowd in the corridors elicited cheers that fairly made the dome tremble. The terrible din was continued without any intermission or any show of the same. "A request was sent to Governor Thayer by Speaker Elder, asking him to clear the hall. The governor niauc a .unv.u'aiji j o.---", - - - - . . ii - ,;.i hut thi'c If merer ncv and was eaual to it. A ir ! r'ozpn nsis were aimcru at uuu. w nnlv pliritprt ieers. The eovernor then ordered them to disperse. "The uproar in the corridors again broke out and after continuing for several minutes a full company of militia and a cordon of police ap peared on the scene and drove the crowd back from the doors of rep resentative hall." Case Before Court. The committee of legislators laid their case before the supreme court. The court ruled that Meiklejohn should preside. But meanwhile the most tumul tuous scene of the session occurred. Sheriff McClay undertook to serve upon Speaker Elder the supreme court's writ ordering him to canvass the returns, as directed by the lieu tenant governor. To quote again from The Bee of January 9: "Ttn terrihlf fiffht of Sheriff McClay in his attempts to get tH speaker Jtlder to scive tne writ 01 mandamus compelling him to can vass the returns will pass into the history of Nebraska as one of the most exciting and dramatic scenes ever witnessed in the state. Knew of Writ. "The assembled legislators knew the writ was to be served but when the stentorian voice of Meiklejohn announced the entrance of the ehi-riff. fnr a moment the dienitv of the law appalled the lawmakers and tnnrp was a Hpath like silence. Sud denly there came the crash of break ing glass and every person in the assemblage jumped involuntarily to his feet. "Then the tumult arose. The of firinne sprffpant-at-arms. flanked bv the independents, made a rush at the sheriff to throw or force him out 01 the ha . McUav recognized . tne dozen fists were aimed at him, while twice that number tried to throttle him and partially succeed in so do ing. But the old man was not at all appalled. The veins on his temples suddenly sprung out in bold relief, his brows contracted and. a look of determination flashed in his eyes. He raised aloft his gold-headed cane and brought it down furiously upon the heads and knuckles of those op posing him. He seemed to gain strength after each blow and a howl followed each descent of the im provised weapon. - Uproar Deafening. ' "The uproar was deafening. The legislators rushed from their seats to the scene of the conflict to aid or oppose the heroic old man, who was mowing his way to the speaker's desk. Several times the savage blows of the independents aimed at McClay took effect, and he fell, but the effect was only momentary, nt was on his feet again in a moment and fighting as bravely as ever. "The chorus of republican and democratic voices of 'stand back; let the sheriff do his duty,' availed nothing. Then the republican and democratic members of the legisla ture took a hand and pulled and jerked back and struggled with the independents, and for a few minutes a hand to hand struggle prevailed throughout the entire chamber. The tumult was deafening. "McClay finally managed to force hie -wav half wav un the aisle, when he was suddenly seized and hoisted on the shoulders of halt a dozen stalwart- men and carried to the sneaker's desk. He served the man- aamus. "A shout arose that was caught up and multiplied 10-fold through the corridors. Cane Bent Double. "The sheriff looked at his cane. Tt was hpnt double. The crowd again set up a shout that shook the rafters. McClay then started down the aisle and Napoleon himself could not, alter His greatest victories, nave been accorded more enthusiastic cheers from the men who admired his courage or more malicious looks from those whom he had conquered. His way was unimpeded and he strode down the aisle with the air of a conqueror." The World-Herald, in its account at the time, told more of the ac tivity of Deputy United States Mar shal Hastings, who assisted McClay. This account said: "At 7 minutes pask noon the writ of mandamus was placed in the hands of United States Marshal Hastings and he proceeded to the door leading to the house chamber. His approach to the door was barred for a time but 'Pap' Hastings' giant frame, backed up by Captain Carder of the Lincoln police and three or four special officers, soon disposed of the punv resistance of the door keepers. Grasping the knob of the door, he heaved his massive back and the door flew open with a crash. In vain the sergeant-at-arms de manded by what authority the door was forced. In vain his assistants rushed to the rescue. The crowd was thoroughly aroused and by sheer force of numbers the marshal was shoved into the chamber. Fights Angry Members. ' "Captain Carder fought the angry members back and his giant strength came into good play. Bud Lindsay seized the marshal and actually threw him through the crowd. The glass doors were smashed to atoms. Captain Carder's clothes were torn to shreds. But after the marshal had effected an entrance Carder rpmarkpH that the next mar. who touched him would regret it to his dying day. Ihe sergeant-at-arms told 'Pap' Hastings that he was su- A that not even a United States marshal had a right to pass. him. But rap' only smiiea ana sai down inside the railing." Dther livelv details were related by the World-Herald, among them these: "At 12:20, the alliance sergeant-at arms sttemoted to remove J. D Moore from the oress stand. Moore refused to go and a tussle ensued fmnllv settled hv Lieutenant Gov- ernor Meikleiohn oersonallv senarat ing the combatants. A big alliance man attacked Nat Brown of Omaha at he door. Brown seized his adver sary by the throat and threw him forcibly against the wall. Brown lost some blood in the scrimmage Dy an ugly scratch on the right hand. AorppQ to Rear! Returns.' After scenes of this sort and in the midst of turmoil. Sneaker Elder finallv acrpprl to read the returns but more radical independents still were not satished. A motion was made to recess, wliich the lieutenant Eovernor declared out of order. An Speaker Elder arose, put the mo tion ana aeciarea it carriea. n looked as though the batle was to be resumed. 1 hen Church Howe Switzler of Doucrlas countv. and Tohn C. Watson made impassioned speeches, warning that anarchy would ensue if the supreme court be not obeyed. These appeals finally triumphed and the canvass pro ceeded. This, however, did not end the vV hinunt errtvernnr r The sergeant-at-arfns handed it over. Meiklejohn put it in his pocket. "I guess I'll have to put you out," the sergeant-at-arms said. "Where is your ' authority?" , re torted Meiklejohn. "I have your war rant and I'd like to see you get it. Without it, you don't dare touch . me." Holds the Fort And Meiklejohn held the fort. Let the story now be told by cor respondents of The Bee who were on the ground. In their disoatches to this newspaper, published at that time, they wrote. ; "Before 9 o'clock this morning the corridors of the state house were : thronged with a surging crowd anx ious to get into the house of repre sentatives to witness the great strug . gle between the independents on the one hand and the republicans and democrats on the other. By 10 o'clock the state house was jammed and yet the doors into the great chamber remained locked. At 9 o'clock the doors into the cloak room DM 0 $ f September 1920 $1645 with cord tires August 1921 $1295 with cord tires No Other Car In Its Class At Such a Low In .fact, the Cleveland is fa a class by itself. It is as finely designed, in every engineering and mechanical detail, as any car of any size or price; And it is built in its own great mod ern plant, by men long experienced and skilled in the building of fine cars. The Cleveland provides qualities that are not found in other cars selling for much more. It will meet your every require ment on any kind of roadway, on the boulevard, paved high way or country road, on the straight-way level road or the steepest hilL ... The scientific distribution of weight and the long under slung spring construction give to the Cleveland riding comfort on rough roads not excelled by cars weighing twice as much. Sturdily built, beautifully finished and splendidly uphol stered bodies are mounted on the staunch Cleveland chassis. Buy No Other light ix Until You See the Cleveland Touring Car (Five Passengers) $1295 Roadster (Three Passengers) $1295 Sedan (Five Passengers) . . $2295 Coupe (Four Passengers) . . $2195 . Price f. h. Cleveland ' - ' ' ' ' Big Four-inch Cord Tires Standard Equipment CARD-ADAMS MOTOR COMPANY Ralph W. Jones, Mgr. 1732-38 O St, LINCOLN OMAHA, 2421-23 Farnam St. CLEVELAND AUTOMOBILE COMPANY, CLEVELAND, OHIO H WrWMITKWI . Ill contest. Governor 1 haver con tinued to insist that no governor had been elected and that he held the office as a hold-over. While Governor Boyd was recognized by other state officers as governor and held sway in rooms furnished him by the state auditor, Thayer held tight hold on the executive offices on the first floor of the state house. With militia on guard outside and Lincoln police within, Thayer stayed in the office day and night. After a week of this, Thayer finally va cated the apartments, but continued to press his suit before the supreme court. In May, after Boyd had acted as governor for four months, the su preme court, by a vote of two to one, declared him not a citizen and ineligible to the office. , Boyd ap pealed to the United States supreme court but in the meantime vacated the office to Thayer. Thayer acted until the following February, when the United States supreme court ruled Boyd a citizen and restored him to the office. The legal moves excited extreme bitterness between advocates of the two men and there was much ex citement when Boyd was thrown out of office by the state courts, ihe tenseness never approached, how ever, that of January 8, when brute force was necessary to enforce court orders and when the daring insistence of one man Meiklejohn held the fort for the principle which he up held. Consolidation of Firms Will Give Better Service With the consolidation of the Omaha Auto Sales company with the Mid-City Motor and Supply com pany at 2216 Farnam street, Maxwell, Chalmers and Stephens owners will enjoy better service on their cars, according to W. S. Johnson, man ager,, who says: "Maxwell, Chalmers and Stephens service to the owner will be perfect ed to the finest point. Owners will be told what their jobs are to cost before the work is done. Our shop has been enlarged, new methods of operation installed, and ; only fist class, dependable service will be rendered. Any job, regardless of size or description, will be promptly taken care of at a reasonable cost. In addition to the hand some appearance and complete appointment of tediuniWeight Six a few of the important features are sub mitted for comparison: Six-cylinder Continental Red Seal 7 R Motor, developing over fifty horse-power. 3H' bore by 4H stroke. - Prices TOURING U490 ROADSTER U470 SEDAN 2375 COUPE 2350 r. O. B. DmtfK New General Motors approved axles. Borg & Beck disc clutch. Frame seven inches deep. Extra long spring suspension. Combined length of springs 184'. 115 wheelbase. Steel felloed wheels. 32 x y Cord tires. Aletnite high pressure lubrication. Nebraska Scripps-Booth Co. J. H. Patton, Jr., Gen. Mgr. 2559 Farnam St. Phone Doug. 5583 WH4WWW ANMOWEMEOT We Are Pleased to Announce CONSOLIDATION of the Omaha Auto Sales Co. Maxwell and Chalmers Distributors with the Mid-City Motor and Supply Co. - Stephens Salient Six Distributors 2213-18 FARNAM ST. Maxwell-Chalmers-Stephens A wide range of dependable motor cars for the discrimi nating buyer to choose from. An Enlarged and Completely Equipped SERVICE STATION for s Maxwell - Chalmers - Stephens The Buyer Must Be Satisfied99 Mid-City Motor and Supply Co. 2216-18 Farnam St. Omaha TELEPHONE AT. 2462
