Evening World-Herald from Omaha, Nebraska • 1

Str Why You? You can advertise for anything under the sun in Want Ads cents a word Others Try Want Ads SIXTH VE AB OMAHA NEBRASKA WEDNESDAY 31 AY 6 1891 HIE IIHEE The Supreme Court Declares That James Boyd Is Not a Citizen Anri That John Thayer Is the Qualified Governor of Nebraska Chief Justice Cobb Issues a Writ of Ouster and Boyd Quietly Sur renders the Office Justice Maxwell Dissents rom the Opinion and Reads Cobb a Lect ure on Unseemly Baste Thayer Enters Vigorously Upon the Work of Bouncing Boyd Appointees Vifquain Resigns and All Others Will Go Stirring Scenes at Lincoln How the Decision Was Received at Ogden Says It Was a Political Decision Lincoln Nob Maj 5 The supreme court at 4 :30 o'clock this afternoon handed down its opinion in the case wherein John Thayer contested the title of James Boyd to hold the otlico of governor of Nebraska Plainly the decision is that Governor Boyd is not a citizen of the United States that the lieutenant governor cannot inheritfrom one who could not qualify as governor and that John Thayer is the governor and must now requalify A moment after the opinion was handed in the office of the clerk of the supreme court was filled with crowds of excited men THAVEK IS SWOKX1X General Thayer appeared on the scene and his friends crowded around and shook him by the hand Thayer was immediately taken into the east room of the supreme court and requalified as required by the opinion Chief Justice Cobb administering the oath of office The opinion as rendered by the court was agreed to Justices Cobb and Norval Judge Maxwell dissented from the opin ion and gave it as his opinion: that when a territory is admitted to statehood the enabling act so operates as to make every resident of the territory a citizen of the state just the same "as though it was a foreign territory acquired by the United States The dissenting opinion is fully as long as the major opinion of the case but centers the one point named above 5:15 o'clock General Thayer stepped into the executive oflice with a writ of ouster There he met Governor Body novo Sb'KKBXDEHS THE OICE you turn the office over to me without the formality ot hearing the writ asked General Thayer attorneys are not answered Governor Boyd 1 hardly see the necessity for further Governor Boyd studied the writ for a moment and then said he would turn over the office and effects without further de lay The list of furniture which had been made out for Governor Thayer when he left the office atter Iris long vigil was brought forth John Thayer jr and James erris began checking olf the ef fects as fast as they could be found Colonel Harry Downs appeared on the scene at this juncture with an overcoat on his arm and a traveling bag in his hand The face of the doughiy colonel had a wide crack across the center The overcoat and bag were carefully deposited in a cor ner and the colonel began Hying around as though he and not Thayer was the present governor of Nebraska BESIOXATIONS OX THE LY As soon as Adjutant General Vifquain saw Governor Thayer in possession of the office he handed in ins resignation as ad jutant general A Cole who was stand ing at Governor was immedi ately appointed to fill the vacancy John Thayer jr wasagain appointed private secretary to his pa and Judge Higgins threw his official robes in the dust James erris was appointed stenographer and the SI 000 plum of the record clerk office fell into the gaping mouth of Mor ton Smith Judge Higgins who filled the position of Governor private secretary with so much credit to himself at once began to clear up Iris desk and abstract therefrom his private papers Judge Hig gins did not seem at all worried for his face wore its usual smile and he greeted his friends as though a fat job Had not just slipped from his grasp Governor Boyd smilingly greeted his friends and acquaintances as they came in and appeared not at all "put at being put out am a law abiding said Gov ernor Boyd I yield have you to say as to your future course in the the ex governor was asked don't replied Governor Boyd have not seen my attorneys since the decision of the court was announced The matter is in their A few minutes later Governor Boyd stated that the case would be taken to the United states supreme court at once THAYEJi IX COMPLETE POSSESSION A few minutes before 0 Governor Boyd donned his hat and overcoat and left the state house His stenographer and clerk remained behind to finish the in ventory and box up the private papers aud belongings John Thayer jr has been out to Holdrege for the lat two weeks sorting potatoes for the relief commission but he could not stay away from the state house under the circumstances When the news came it was observed by the expression of his face that lie thought his days of sorting the nasty plebian things were over Governor Thayer stood beside the table in tiie chief private office and held a reception between Bis smiles It was a case of king is dead long live the Men rushed around the new governor and grasped his hand or pat ted him fondly on the back There are a whole lot of offices in sight Ed Carnes Dick Norval General Cole Colonel Downs and ahostot others Side and acted as though they feared an attempt would be made by friends to throw him out and that in the absence of Captain Rlioda and his tin soldiers proposed to juotect him Governor J'hhyerand his clerks did not leave the state house until after but before that hour the once crowded rooms were nearly emptied and when tho hour arrived that noted thecloseof another labor all except two or three of Thay warmest friends including Judge Mason had departed While Thayer was holding a levee in his private office Judge Mason and several others sat in tho north room One of the party said something in a joking manner but Mason took it as a deadly insult and in an instant the air was blue with his choice bits of profanity It was one of the exciting incidents of a memorable day BOUNCING EMPLOYES As soon as Governor Thayer became comfortably seated in the executive chair the work of bouncing Boyd appointees be gan The governor seized his pen and waded into his work with great gusto The first thing ho did after appointing Cole to succeed General Vifquain was to fill out a commission for Elder Howe to succeed ather Corbett as chaplain of the penitentiary and send it to him special messenger Elder Howe is close to Thay heart aud the governor was in such a hurry to sign the commission that his hand almost refused to trace the name II Captain Crawford was appointed janitor of tho state house He has had only five vacation All the old officials will go back at once with the probable exception of John Jenk ins Dr Wilkinson was reinstated as superin tendent of the asylum at Norfolk Harry Downs will get his old position and the heart of the gallant colonel is so swelled hat a sticks out on his left breast like a sore thumb sticks out into space Governor Boyd was visited by a Wobld IIehald reporter at the Lincoln hotel about 8:30 Be had nothing to say but he looked like a man whose mind had been re lieved of a great load ckocodtle teaks This callsto mind an incident that hap pened a moment before Boyd left the state house Judge Mason stepped up to Boyd and held out his hand and said: "Well Boyd 1 am sorry for need not shed crocodile tears on my was Boyd's prompt answer And he did not sec outstretched hand The took breath and he had not a word to say TOM MAJOliS KEELS GOOD Tom Majors is at the Opeit hotel and a Wokli Heka rn reporter called on him to see said the hickory shirted statesman as lie pointed to a box of cigars The newsgather gathered in a supply of fragrant Havanas and then asked: do you The gallant Thomas spoke in adeep bass voice and said: feel just right The very air seems pure ami better I like this thing of being a lieutenant governor to a real live republican do you feel in regard to the decis ion so far as your own case is was tho classic aud emphatic answer and then Church bosom friend took a a drink of water after which he continued: was urged by a thousand or more people to intervene bur I would not do it 1 felt as though I leaned up against the governorship and if the su preme court telt that was in it all right 1 did not think there was anj honor in se curing a position to which 1 wasnotelected and 1 refused to intervene I felt that the court knew was the lieutenant governor and if they eould overlook mein considering the matter I could stand it if they could It is enough tor me that the grand old party is still on And a seraphic smile toyed with the whiskers of Thomas Governor Boyd is inclined to think that Governor Thayer ACTED WITH UNSEEMLY HASTE in coming upon him with a writ of ouster In other words Mr Boyd thinks that Gov ernor Thayer took snap judgment on him It is the general opinion here that Thayer acted with boyish haste There is a story coneealed behind that writ TBOUBLE IN THE COUNT The writ of ouster was granted by Chief Justice Cobb without consulting the other judges It Is astanding rule of thecourtnot to issue a writ within forty days unless ap proved by the court Justice Maxwell is said to be quite angry and it is reported that when be learned that the writ had been issued a stormy scene took place within the coniines of the sacred supreme court rooms WEBSTE IS HAPPY John Webster stood in the corridorof tho Lincoln hotel placidly pulling a cigar which he had bought himself Be said: much to say the opin ion 1 think that Boyd is to be compli mented on yielding so gracefully ft is mj opinion that Boyd is willing to let the matter drop but his attorneys will hardly No attempt was made to interview Judge Mason as time is too valuable to waste in listening to a dissertation upon tho tribes which inhabit the dreary desert or the streams that enveloped in a fog about the time ld pokes his nose over tho eastern hills There is little or no excitement over the result and even the hotel corridors seem to contain fewer people than usual The handing down of the opinion was somewhat of a surprise but the contents of tho opinion did not seem to startle many people Governor Boyd said this evening that he would not go to Omaha before tomorrow He has some private business to attend to here before leaving The landlord of one of tho leading hotels here told a Wohih Herami reporter osfer two weeks ago that Boyd told him: hope the supreme court will decide that 1 am an Irishman I am heartily Bick of the whole business The election and the contest have cost me more than the salary will amount to and 1 am losing nionej' by neglecting my private At midnight Governor Thayer was up to his armpits in work but the expression of his face indicates that he feels exceedingly well Ex Governor Boyd sat in the rotunda of the Dincoin until a late hour last night and if he takes his defeat to heart he manages to conceal a fact in a most admirable man ner His attorneys Howe and Cowin returned to Omaha on tho 7:30 train but General Vifquain remained at side THIS IS A MAN The general is being complimented upon resigning so promptly the act being looked upon as that of a sturdy manly man who has no favors to ask of the republican party and none to bestow The trouble is at an end for a time but tonight the question on every tongue in Lincoln is: will Moses be when the light goes Maupin THE DEC SION Syllabus of the Judgment tendered by the Supreme Court Lincoln Neb May 5 The syllabus of the decision is as tollows: State ex rel John Thayer vs James Boyd Quo warranto judgment of ouster The supreme court has jurisdiction to entertain proceedings by information in the nature of quo warranto instituted for the purpose of determining the rights of persons claiming the office of governor Second Under the provisions of section 2 article 4 of the constitution no person is eligible to the office of governor who has not been a citizen of the United States and of this state for at least two years next pre ceding the election at which such officer is to be chosen Where a plurality of voles arc cast for a person for a public office who is ineligible the election is void Under the fourth Section of tho act of congress entiled act to establish a uniform rule of approved April 1 1 1802 the child of an alien under 21 years of age though born in a foreign country becomes a citizen by the naturali zation of his parents if dwelling within tho United States at the time the parent is admitted to citizenship but it does not have that effect if the child is over 21 years old at the time the parent is naturalized ifth '1 ho order of a court admitting an alien to citizeuship is a judicial act in the nature of a judgment and can be proved only by tlie record Sixth Tho fact that an alien lias for many years voted at elections held in this and tilled important public offices does not establish that ho is a citizen of the United States Where an alien is naturalized under the naturalization laws his citizenship dates from the time the order of tho court is made admitting him to citizenship The alien inhabitants of the territory of Nebraska at the time of its ad mission as a state did not become citizens of tlie United States by virtue of the act of congress admitting the state into tho union The words of tho United as used in section 2 of article 4 of the state constitution are construed to mean a person who is an American citizen by birth or a person of foreign birth who has been duly naturalized under the provisions of the uniform rule of naturalization established by congress Under section 1 of article 5 of tlie constitution a person elected to the office of governor is entitled to discharge tlie duties and receive the emoluments of tlie office for the term of two years from the first Thursday after the first Tuesday in January following his election and until his successor is duly elected and qualified Eleventh When the person receiving the highest number of votes for the office of governor is ineligible under the consti tution to be elected the then acting gov ernor holds over The duties of the chief execu tive office of the state devolves upon the lieutenant governor in certain contingen cies among which are the failuie of the governor elect to qualify and tlie disability of the governor It cannot be said that there has been a failure to qualify where uo person has been constitutionally elected to the office Thirteenth The words disabili ties of the appearing in section lt article 5 of the constitution have no reference to the ineligibility of the person to be elected But these words cover any disability of the governor not specifically enumerated in the section after the com mencement of his term of office occurring ourteenth Held that when the non clectlon of a person to a public office is as certained by the proceedings in quo war ranto the person entitled to bold over must then requalify Appointments Lincoln Neb May 5 Governornor Thayer tonight made the fol lowing appointments: A Cole adjutant general Rev Howe chaplain of the peni tentiary Crawford janitor of the capital building Dan Hopkins warden of the peniten tiary Dr red Test superintendent of the asylum for the incurable insane at Hast ings IJveringhorse steward of the asylum for incurable insane Hastings Downs clerk in the office of the commissioner of labor Dr George Wilkinson superintend ent of the insane asylum at Norfolk 1 Nicnols steward of the insane asylum at Norfolk principal of the institute for the blind at Nebivi ka City Captain Henry commandant of the home at Grand land These are all old appoiiees of Thayer removed by Boyd THE EELING IN OMAHA How the Dreadful News Wits Rcclved In This City It struck Omaha awfully hard An un heralded earthquake might have created more general commotion but it is doubtful that the political half world would have been ns violently agitated Nobody seemed to have been prepared for It Even the conservative element in politics which studiously avoids prediction and always says told you when results arrive even those canny fellows were nonplussed bv the utter unexpectedness of the Ihayer Boyd denouement It was a a stunner Early yesterday morning the bulletin windows of tlie Wokld Hebald always lirst in war and peace and in the hearts of anxious Omaha as a reliable became objects of more than usual attention or it was known to every person who could read thanks again to the Wokld that the supreme court had decided to decide on May 5 whether James Boyd was a citi zen of the nited States and eligible to act as governor of Nebraska And though every one of Mr townsmen believed that the decision would be in his favor and had very good grounds for so believing yet they felt an ineffable anxiety to have the confirmation And as the day advanced so did public curiosity The first bulletin announcing the probable postponement of a decision until the morrow was received with satisfaction but no surprise The people had become accustomed to the delays in tlie celebrated case Then when bulletin No 2 informed the ever recruiting ever de sorting crowd that a verdict was being prepared and would certainly be rendered during the afternoon the desertions be came palpably fewer Men blocked the sidewalk for hours awaiting the final bulletin and when it came its effect was hypnotic The supremo court has decided against Boyd Particulars In Wohld Hehalu extra That was ail It was sufficient though to transfix some evoke scornful laughter from applause from none The people rubbed their eyes road it again and either lapsed into reflective silence or audibly wondered if something was not the matter witli tlie wires But when tlie WnifLti I Iebaid extra came out haif an hour ahead of all competitors aud eclipsing them all in detail of the decision public doubt collapsed and the public tongue was loosened Of course the local atmosphere was bur dened last night with variegated opinions Democratic sorrow was undisguised and republican joy if there was any did not make a torchlight procession of itself 1 Joyd had signed tlie Newberry bill he would wear a halo of martyrdom tonight but That was the sum and hrtancc of tne Jeffersonian sentiment Now if the court had only given us Torn Majors Thus did republican comment crystallize Newspaper men were shunned as if they were adders by the politi cians of all parties If the leaders had anything to say they were care ful to say it in privacy Their perplexity was really affecting and its gradation as rellectcd by their faces was an interesting study Tlie longer they thought over tlie decision and its possible consequences the more bewildered they became It is not surprising that a large number of the brightest political minds were obscured by beer when the memorable 5th day of May A 1891 went out Out of mental chaos will eventually come order rom tho ruins of 10000 crushed calculations shall arise new polit ical I structures But the resurrection way not begin today Nor yet tomorrow OGDEN ON THE SITUATION The Chairman of the Democratic Committee Speaks Charles Ogden chairman of the demo cratic state committee said: opinion of the supreme court was not altogether a surprise because on Sun day 1 had information of the possible ac tion of the court course 1 believe that Governor Boyd is a citizen of the United States and be came such when the territory of Nebraska became a state We had four decisions holding our way while our adversaries 1 may say hardly had one case can be taken i to tho supreme court of the United Slates without doubt in my judgment political effect of the decision will I think be favorable to the democratic partv as all fair minded men who are not much given to the technical construction of law will feel tnat a great injustice has been done to one of Nebraska oldest and best citizens Boyd has been it may be said a part of me territory and state since its fiistorv began His snare in all the pri vations ot pioneer life did valuable serv ice to tuc people as their servant from time to time and lias been recognized as one of the foremost of our citizens in the up building of Nebraska 1 cannot bui concluded Mr Ogden when the peo ple are heard from at the next election they will record their positive protests against a decision which is more political than GALLOPING TO LINCOLN ormer Olllce Seekers Hungry to Got Buck Lincoln Neb MayO Special The excitement over tho decision of the su preme court has subsided to a great degree and the usually plaeid surface of the affairs of state is scarcely disturbed by a ripple Governor offide has been thronged all morning by Iris friends and seeming friends who came in to congratulate him Governor Thayer is in 'receipt of a number of congratulatory telegrams? Among them are those from A Scott of Kearney Richards and Ross Hammond of re mont J)r Test of Hastings and from a number of public officials who had been removed by Boyd Governor Boyd was at the state house nfew minutes this morning The supreme court has been in the consultation room' all morning and no new steps have been taken in the governorship matter Smith Caldwill came in early this morning When he heard the! news he made a grand rush for Lincoln and traveled so fast that he arrived several laps ahead of his breath He was closeted with the gov ernor for some time but has not yet been reinstated It is rumored that he will not be although he lias a friend at court in the person of Tom Majors Thomas and his hickory shirt will return to Auburn this afternoon as corn is up and needs the cultivator There are also a few breaks in the fence around the lieutenant farm and they must bo repaired Tom Benton had a great deal to csay to the governor this morning and the mat ter was evidently a great secret as tho two went into the huge vault to confer At noon the governor went to dinner tho crowd dispersed and all was quiet at the convict built house on the hill Attorneys General Cowin and John Howe Gov ernor attorneys returned from Lin coln last evening is almost too sudden for us to say what can or ill bo sain General Cowin was too great a surprise to us all There is no question but wiiat all the appointments of Mr Boyd aro perfectly legal and will remain so Of course the case will be taken before the United States supreme court at is the governor tof Nebraska said Mr How the office has been tinned over to 'irim Tne decision against Mr Boyd will be taken before the United states supremo court but by wh 1 cannot tell yet am of the opinion and do not think: there can be any question but what the appointments of Mr Boyd will be legal7 He Kelt It In Illa Bones Representative ord said last night he feared something of the kind when the court put otl its decision until Mays He had wished the legislature would take a recess until after the decision Some )f the independents favored it mid if Governor Boyd had asked a recess it would have been carried But Governor Boyd was so confident that the decision would be in Iris favor that he did not ask a recess and the chance to reopen the contest was lost AN MEMBER Tlie Tlint Governor Thayer Has to Tackle on the Police Board A sudden change has been produced in the prospects of the Omaha lire and police board by the return ot Governor Thayer to office It is morally certain tliat none of the can didates talked of as likely to be appointed by Governor Boyd will find favor in the eyes of Governor Thayer It is considered amiost a political certainty that Governor Thayer will reappoint Mr Bennett and Mr artman who have served so efficiently and honorably The only difficulty in the way is the new provision ot tho charter that in appointing members of the board tne governor must select at least one from each of the three political parties easting the largest number of votes for city officers at the last preced ing election At present only two parties aie represented on the board and the ques tion whether Thayer will be compelled to give ono of the two vacant places to tlie independents They had a council manic ticket in tho last December This ticket included a candidate Irom each ward and was nominated in nr convention held at hall November 20 'Rhe candidates on the ticket however were for the most part not membeis of the inde pendent party but were in several cases disgruntled democrats or republicans THE tlETUILN SPIirXO William Abbott known to the police as an all around crook 'was captured last night with a fine new light spring overcoat in his possession which lie said was Iris own personal property Examination however showed that the coat was several sizes to small for him and in reality was a small garment Abbott claimed to be an honest plumber from Iowa City but was held for inquiry PERSONAL Barnes of Yorkiis attho Roggen of Lincoln is at the mill iard Stapleton of allace is at the xMur ray Jordan of Syracuse is at the Mur ray I AV Topping of St Paul is at the Pax ton Byron Recd is reported much todav Campbell of Hastings is at the Casey Guild of Plattsmouth is at the Dellonc Morris of LosLAngeles is at the Dellone Dr Gcorge' Wright and Denver are at the milliard Ira Johnson and 1 Shur of Kearney aro at the mir and mfrs John Zimmer ot Colum bus arc visiting Mr and Mrs A Kuhl Captain Tibbitts the veteran traveling passenger agent of the Rio Grande is in town DrW Bridges mfrs James Savage and Air and Airs Louis Mendelssohn left on Monday for Europe Yesterday afternoon George Paul left for Philadelphia as delegate from Ne braska to the meeting of the supreme council of the Catholic Knights of Amer ica An eflort iseouro for Oinahatlie next meeting which occurs two years heuce will be made YANKEES SEIZE A WAR SHIP Secretary Blaine Orders a Visit ing Chilian Insurgent Ship Taken She Came Too Close to American Shores aud Was Caught Tak ing on Arms Verney the Aristocratic Libertine Sentenced for a Year A Suicide at Chicago An Outlaw Arrested San Diego Cal May The steamship Etata which put into this port a few days ago it was said for the purpose of obtaining provisions for the war ships now in possession of the con gressional party in Chili has been seized by the United States marshal It was also intimated that the arrival here had some connection with the arrival of the schooner Robert ami Minnie of ort Catalina islands loaded with arms and ammunition The seizure of the steamship Ettate was the outcome of a free interchange of dis patches between the officials here and the department at Washington I) Captain Mauseuni of the steamship was placed under arrest by miarslial Card The mar shal also dispatched two tug boats to seize two suspicious crafts lying outside the har bor One of these is supposed to be the schooner Robert and Minnie which was heretofore reported lying off the Catilena islands loaded with arms and ammunition The other is a war vessel which has been cruising around outside awaiting an opportunity to take on board the supplies of the insurgent Chilian lleet that might be obtained by the steamer Ettate A party sent out to investigate the strange actions of the vossel and to get within speaking distance if possible re turned and reported that they were unable to get within hailing distance of the ves sel because she drew off inally Secretary of State Blaine sent orders from Wash ington to seize the vessel if it could be captured within the three mile limit It is believed by the officials here that if the Ettate had received her supply she in tended to meet the schooner Robert and Minnie take the ammunition on board of that craft put to sea and at the first favor able opportunity transfer the supplies aud materials of war to tho insurgent cruiser Ip to 2 this morning no word from either of the parties who had gone to seize the warship and the Robert and Minnie The captain of tne Ettate was allowed to return to his vessel which is now in charge of a United States marshal A BAD Mrs Geoi ge Mnrcott Suva Her Itua band is an Outlaw Leader Nokth Neb May rSpe Quite a sensation was caused here by the news of the arrest of George Mar cott of Brady Island twenty two miles east of here on a charge preferred by tris wife before Judge Stockton Mrs Mar cott arrived on the 10 train last night and hunting up the proper officers swore out a warrant charging her husband with brutally beatiug her and threatening her According to her story he is a no torious thief and crook ami has been carry ing on a system of stealing for the last five years She i charges him with being the leader of a gang which has been operating in and around Brady Island for the last year and sajs he is responsible for the hundreds of worth of property huh has disappeared from the neighborhood during the winter She also accuses him of being implicated in the car breaking which has lately been done thereand which detectives have been wording up for some time 8he has known of Iris crimes for a long time but was kept in fear of being killed if she ex posed him he having once lately drawn a knife and measuring the length of the blade with his linger said: "Half of that would leach your heart and if you ever ex pose me put it VERNEY GETS A YEAR Tho Immoral Al em ber of tlie House of Commons Sent to Prison London Man 0 (Special Cablegram Captain Edmund 11 Verney member of parliament for North Buckingham was after a preliminary examination at the Bow street police court on April 30 held for trial but was immediately released on giving a total ball of $50000 for Iris appear ance to answer to the charge of having in stigated the procuration of a young lady a governess named Nellie Beckett 'for immoral purposes was today called up for disposition before the recorder at tlie Ohl Bailey Captain Verney by ad vice of his counsel Mr bt John Wontner pleadeil not guilty to the charge of having procured tho young "woman for any im moral purpose but entered a plea of guilty to the charge of having conspired with the rench woman Mme Eugenie Jtouller arias Al inc lorence to procure tier The minor plea was accepted by the recorder who hereupon sentenced him to imprison ment for one year withouLhard labor OUR BURNED TO DEATH I nmiitra of County hiflrninry iii the lumes Muncie Tnd May Special At 11 this morning news reached this city that the couuty infirmary which was lo cated five miles east of here was destroyed by fire and that four of the inmates had perished in the Hames There were about lorty live persons in tne institute ami the officers and attendants had great difficulty in rescuing their charges many of whom were old and feeble The origin of the lire is unknown at present The rescued inmates are being cared for at neighboring farm houses and no fatal re sults from shock and exposure Is antici pated The buildings were extensive and the material loss will probably reach S500UU Attempted Train Wrecking Gueeley Cenj ek Neb Spe cial This morning Sheriff Phelan re ceived a information from the UirionPacific station agent at Scotia of an attempted train wrecking and murder Tlie attempt was made to wreck a Union Pacific train about three miles south of Scotia The sheriff arrested two young men one named Charles Chesbauson who claims to reside with his parents at Holt county Neb and tho other Harvey Blockman who claims to be a resident of Chelsea Holt county Neb Both are about 18 years old ami claim to have come to Greeley county for cattle for ooler a ranch man on the Niobrara The description of the men anted does not tally very closely with those arrested The Glassy Lake Invited Chicago 111 May John Simon senior member of the firm of Simon Co ifth avenue has disap peared Simon left home last Wednesday morning to go to his place of business He is a manufacturer' of plate matter for newspapers using what is known as Ina letter which he left addressed to his wife die says: am tired of living and the smooths glassy waters of the lake olfer to my weary brain a haven ot rest Ere you get this 1 shall have passed to the realms of the un known lintend jumping into the lake Good bye aud God bless you Every eifort has been made to keep the matter from the public Mrs Simon even refusing to notify the police that her hus band was missing No word from tbe missing man has as yet been received It Is said tliat Simon had been gambling lately and lost Want It Settled Washington May 0 Special It 13 learned here that the government of the United States has instructed Minister Egan to offer to mediate between the com batants in Chili in the interest of peace and good order and that rance and Brazil the other great republics of the world have joined in the proffer of their good offices in tho interest of perpetuity of the republican principles of government Seized a British Tug Seattle Wash May The collector of customs has caused the seizure at Port Angels of the British tug Pitota for towing American coast vessels in violation of the United" States statutes WEDDING BELLS RING A Number ot Marriages In Oniulia Society Miss Clara Mercer daughter of Mercer was married at 9 this morn ing to 11 owler treasurer of the ow ler elevator company The ceremony was performed at the family residence 2811 Hickory street by Rev Dr Gordon of Westminster resbv bytcrian church in the presence of an assembly of about thirty comprising the members and near friends of the families of the bride and groom Those present from abroad were: Judge Broady and wife of Beatrice Mr and Mrs owler of Chicago parents of the groom ex Senator Tipton and wife and ex Govcmor urnas and wife of Brownville and Mr aud Mrs II Cumings of Clif ton 111 While the knot was being tied the bride and groom stood beneath a beautiful arch made of smilax and lilies The wedding presents were very hand some the chief being a diamond set valued at $500 the gift of the groom to the bride After the ceremony a wedding breakfast was served Music was furnished by the Mandolin club Mr and Mrs owler left at 10 over the Missouri Pacific for a tour through the south east and Canada They will visit Memphis Chattanooga Atlanta Baltimore Washington New York Bos ton Lake Chainplain Montreal and Chica go They expect to return in July and will make their home at 1907 Wirt street It was fortunate that the old slipper which Dave Mercer threw after the depart ing carriage did not strike the vehicle for it was deceptively heavy with the good wishes of a largo number of friends Tzscliuck Schmidt Miss Ella Maud Schmidt and George Tzscliuck treasurer ot the Bee publishing company were married at hign noon today at the residence of the bude 1 ircnt Mr and Mrs Schmidt 1919 Douglas street Rev A Turkic of the Kountze Me morial church officiated and tie though brief was very beautiful and impressive The procession which moved to wedding march played by the Musical Union baud was led by Master Carl Heinrich and Miss Julia Hoirineyer" The couple knelt on a priedieu of whitesatin The bride was given away by her unde Utto Schmidt The guests present wore fifty being con fined to the relatives and intimate friends of the contracting parties In honor of the happy occasion the parlors were beautifully decorated with bowers and festoons of Howers ollowing the ceremony a wedding breakfast was served The happy couple left on an afternoon train for a trip to Cni cago and Milwaukee Mr and Mrs Tzschuck will be at home after June 1 at 2008 llalf Howard street Liiidberir ClinlUH Mr 11 Lindberg and Miss Susie Challis were married at the residence of the brother Lindberg at 9 o'clock this morning Rev Alfred llodgetts of the South Tenth street Meth odist church officiating Mr and Mrs Lindberg will spend ten days in the south visiting relatives and will be athome after May 15 at ISOL South Ninth street RAG OUT OR THE PRESIDENT Notice to Residents on tlio Route Building the Letters signed by 8 Clarkson Julius Meyer Burmester Chaffee and Kosacker members of the Harrison re decoration committee have been sent out to all residents along the line which the parade will take inviting them to decorate their residences in honor of tho distinguished guest The construction of tho platform on the court nouso square will be begun tomor row and Major Clarkson says it will be a handsome tiring RAILWAY GOSS A startling and unverified rumor is float ing aboutChicagothatC II McKifbin late purchasing agent of the Union Pacific has been elected a director of the road Iowa roads will sell excursion tickets at one and one third fare the round trip from points within seventy five miles of Omaha to the people who wish to come here and see the president May 13 11 Burns is in the city accompanied by iris wife He is president and genera! manager of the Montana Union and is making a success of that short but difficult road ACTS The counsy commissioners held a special meeting yesterday afternoon to hear the re port of the committee appointed to confer with the council in regard to booths for the election The report was non committal amt Timme Berlin and Van Camp were instructed to confer with the council and ascertain the cost of the booths Dr Gluck was given permission to prac tice at the hospital The contract aud bond of the Wouid IIkkald to do the county advertising was approved ACCOMPLICE A telegram received from Des Moines Ja last night at police headquarters an nounced the capture of Bert Hawley an alleged accomplice of Vilas the Turkish bath house thief Chief Detective Haze left this morning for Lincoln for requisition papers and will leave the capital city tonight for Des Moines providing the hold over governor will attach his autograph to the necessary document OMAHA AT A GLANCE Thomas McNamee will be placed on trial in tho criminal court tomorrow charged with the murder of Elsie William son Omaha express will build a new barn at ourteenth and Leav enworth streets to cost $5(ooo ft will be three stories higlrand of brick Edward Tankard of Seventeenth and Nicholas streets who was seriously in jured while jumping from a St Paul train Moday is resting easily at the hospital aud it is expected that he Miil recover IVE CENTS THEY PROTEST Two Convicted Prisoners Make a Scene When Judge Estelle Passes Sentence A long Row of Defendants Given a Clean Bill of Moral Health Mrs Clampltt Gains a Charges Against Roche Are Wiped Out Clearing Day in Court Judges Doane erguson and Irvine heard motions for new trials this morning and cleared up the business of the terin Kate Clampitt related her tale of do mestic infelicity to Judge Estelle this morning and as a result she will be known as Miss Kate Gibbons in the future Her husband is in jail now charged with beat ing her rantisca Kizl was also freed from Kizl whom she alleges is a drunken brute Judge Estelle this morning consigned a few erring individuals to the penitentiary in order to carry out the law and to keep them out of trouble Motions for a new trial in the case of George Reed charged with burglary and Ji Schooley forgery were overruled John Gilbert was sentenced to four years in the penitentiary lie robbed Norris A shoe store Heed was given four years at hard labor He was charged with stealing a jug ot liquor from the Tremont house He claims that it is a put up job to land him in jail He was a hard working man and the court was disposed to be lenient with bin) but lias no mercy on a burglar Schooley who is an ex convict received five years at hard labor He declared emphatically that he was innocent and dramatically asserted that tho court was sending au innocent man to prison He criticized the jury severely and the court stopped him saying it was not necessary Sheriff Boyd this morning took red Oliphant to the penitentiary where he will servo ono year for stealing a horse and buggy County Attorney Mahoney dismissed or nolied the following cases believing that a conviction could not be secured State vs William Mora grand larceny Al Williams burglary Lew Hibben selling liquor with out a licenseM lJerkins grand larceny Charles Kammerer and IL Gustus selling liquor on election day II Wes ley selling liquor without a license Anton Gutor harboring a vicious dog Charles Kammerer selling liquor without a licenser 1 1 Buhman selling liquor on Sunday John Dora John Smith John Dailey William Leeper red Anderson and Joe Brown assault and battery John Boughton Ed Saxton and Ed Kirk forgery Dingman disturbing the peace McCallam larceny Arthur Kilty same rnkThomas Incorrigibility Carlson disturbing plants In cem etery Alfred Givens incorrigibility John WalHehs grand larceny: Louis Knocke and Viola Kenjen incorrigibility Hamilton Warren unlawful practicing medicine Gustave Carlson assault with intent to commit murder Garth carrying concealed weapons Samuel and Ellen Hasford peace warrant MD Roche attempting to bribe (two informations) Dunham refusing to comply with police regulations A passing counterfeit coin Gustin larceny as bailee Ethel Dewitt incorrigibility Will Lockwood inmate house of prostitution Gertie McCoy vagrant Ulysses Leisin In the case of Rd Hockheimer charged with forgery bail was fixed at George Moorehouse J40o John Annis and Patrick Keys grand larceny each Dau Geiser and Neil Price ket ping gam bling devices Kennedy and Charles Bibbins $200 Charles Solden concealing property $500 IL Hinman embezzling $1500 A Griffin forgery George Crick same $500 in two cases William Hike assault William Green dis posing of mortgaged property The bond of Uy Miller was declared for feited ROM THE CAPITAL Ollietai Reports of "Naval Com itinndeCH In Chilian Waters Washington 1 May The navy department today received tha following report? dated Valparaiso March 31 from rear Admiral McCann command ing the United States vessels in Chilian waters: the 29th of March the Pen sacola returned to this port from Caldera On the way south and about 100 miles north of this port the insurgent Chilian cruiser Esmeralda and the transport Acon cagua were met standing to the northward aud it was suspected that these vessels had been in pursuit of the government trans port Imperial Upon our arrival the lat ter vessel was found in port and it was learned that she had been chased for six teen hours by the insurgent vessels above mentioned the two torpedo cruisers the Almirante Lynch and Almirante Coudell the eight toriiedo boats only one fitted lor Whitehead torpedoes now in this harbor and the gunboat Pilcomayo The port of Caldera is at present almost entirely deserted There were at the time of our visit only four mer chant ships in port It is two years since an American vessel visited the place and we have practi cally no Interests At the present time there are at Caldera only three Amer icans including tlie consul and in Vopiapo only three which Includes the son No preparations have been made to defend the place in case the insurgents at tack it but on the contrary the Spten dencia has been moved to Vopiapo about forty miles inland by rail and every night all the rolling stock in use on the road is removed to that city There is only a small cavalrv force stationed at Caldera and they are always ready to move into the interior at a moment's notice The rail road machine shops have been dismantled so that if the insurgents take Caldera they will find no facilities for repairing their ships Tlie English force on the coast in cludes the Waisnite Champion Dappene Acorn and Espiegele rom my own ob servation and from wbat can learn of the condition of the insurgent vessels all but one of them are in a very crippled condi tion and in no way lit to work around tuese waters during a norther It is also in my opinion very doubtful if they will risk their oniv efficient but unarmored ves sel under the tire of the batteries of Val paraiso at auy time but especially during the norther season i'oi: jtisuioi scannell A delightful reception for Bishop Scan nell was held last evening at the residence of Mr John A Mills South Twenty sixth street Mr Mills and his daughter Miss lorence received the guests and Mahoney presented them to the bishop Besides the bishop among those who were present were athers Colanori Morearty and Con wav Mayor and Mrs Cushing John Coad John Schenck O'Donahoe Mr aud Mrs red Dellone Mr and Mrs Andrew Murphy Mr Joaesh llavden Miss Haydcn A Creighton Mahoney John Miss Keeffe and Miss ben net THE WEATHER Washington I May Special Nebraska: Generally fair warmer southerly winds.