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/ * > / \ * " ' /'s r. , t..i . , J/vy. ' ' . . ' TVVENTY-ITOST YEAH. OMAHA , WEDNESDAY MQBN03NG , DEOEiMBER 0 , ISU1 NUMBER 175. BOYD-TIIAYER CASE ARGUED , Nebraska's Gubernatorial Ooutaat Finally SubmitUd for Adjudication. [ f / NO DEC SON ! E XPECTED BEFORE JAN U ARY. KxhaiiHtlvn Itnvlcw of tlio .Slliinllnn- Aiicnranut'H | | of tin ; .JuMlern lur- liiK tlio HearliiK 'llieorlcs on tlio Snl'Jcct , WASIIISOTO.V , D. C. , Dec. S.-fSpectnl Telegram to THE 11 KB. ] Into the hands of tbe supreme court of the United States the question of who is rlirhtfully governor of Nebraska was placed tills afternoon. The nrgumcnls in the cnso occupied Just four hours. Opinion Is divided tonmht among these who had attended the court as to whether Boyd or Thaycr will win. Thrco or four of Nebraska's most eminent citizens , who nro not Intel estcd directly In the case.but heard all the" arguments and watched the expressions on the faces of the justices of the cupromo court , expressed the opinion tonight that Thnyer will not bo disturbed in bis position. Ono distinguished Nebraskan expressed the belief , however , that after the arguments of Cowin nnd Estabrook , the supreme court could not fall to declare Boyd a cltl'.cn. There was little now matter Injected Into the arguments. The statements on both Bides of the case are mostly familiar to Tit n BBI : readers. The real new features were presented by Henry D. Estabrbok , attorney lor Boyd , who presented his "doctrine of re lationship. " D'uring the presentation of the points which Mr. Estabrook sets forth is his brief ho wns frequently interrupted by mem bers of the bench , especially Associate Jus tice Field , who Is a well known democrat nnd one of the ablest of this distinguished body of nlno jurists. Much Interest Manifoftod. Justice t'Meld and his associates contended ngainst the points of relationship made by Mr. listabrook in sncn a way us to Indicate that the argument took root and was ' 'having a disturbing effect within the minds of the bench. At the same tlmo there were thoEO who watched nnd heard the proceed ings that they believed the Justices were being disturbed in a frame of mind which they had previously formed. In a word , Mr. Estabrook's argument was to tho' point that the father of Air. Boyd , having lulllllod all the requirements of citizenship except the procurement of the second issue of papers , the son bad Inherited citizenship , especially in view of the fact that ho had for very many years never bee. , disturbed in oflleo holding nnd other capacities in his unques tioned right to citizenship. The argument wns opened by General J. C. Cowin , attorney for Boyd. His presentation consisted largely in citations of constitu tional nnd other provisions under which Mr. Boyd had become n citizen by the natural operation of time and the exercise of rights In the duty of public ofllco nnd citizenship. He argued with great force the claim that the admission of tbo territory of Nebraska Into statehood made each inhabitant ol the territory a citizen of the United States as well as of the state of Nebraska. Sir. ' - * JCfTort. John Webster followed Mr. Estnbrook , end opened his argument with n compre hensive statement of the case and the cir cumstances which brought it before the supreme premo court of the United States. Being the lirst argument in favor of Governor Thayer , close attention wns paid to Mr. Webster's statement of facts as well as his logic and the Inferences which he drew. His brief covers 1(17 ( pages of closely printed matter and was prepared with the assistance of John F. Dillon , the well known lawyer. It embraces a great number of citations from the constitution of the United States , thu constitutions of various states and terri tories , federal statutory laws nnd decisions of the supreme nnd .Mate courts , to the point that aliens cannot become citizens of the United Slates except through the ono process of making declaration and taking out naturalization papers. Inasmuch as the four hours allotted to the arguments was equally divided between the two sides , Mr. Webster only made a cursory review of the statements lu his brief. There probably never wns a moro comprehensive or more elaborate aggregation of law and prin ciple to cover a single point of citizenship than wns presented In the Dillon-Webster brief. The English , French and other early laws were searched for corroborative prin ciples. Jnduo DIlIon'H Argument , Judge Dillon followed Mr. Webster for Governor Thayer. His argument was oral nnd impromptu , but in the same general line us that entered by Mr. Webster. Judge Dillon took up the thrctuls on the general principle that citizenship Is cither Inherent or can only bo acquired , If not by inheient right , through the only gate way laid down in the constitution , namely , the declaration of citizenship nnd the pro curement of primary and linal citizenship papors. Neither of these , ho declared , had Governor Boyd acquired aud silico the father had not become a citizen , the sou had no ground upon which to claim citizenship. Ho contended with great force that the mere fact of the father having taken the Initiative steps to become a citizen could not bo used us an earnest on the part of the son to become - como a citizen. Citizenship could not bo pres > btd upon ono except through thu inherent process that of being born by n parent who was unquestionably n citizen. Ex-Attorney General Garland , attorney for Governor Boyd , closed the ontlro argu ment and when ho had llnlshed at 10 o'clock the case wns In the hands of the supreme court. Tncro was llttlo new lu thu argument of Attorney General Garland. The trend of his thought was in the direction pursued oy General Cowin , that loading to inherited citizenship through thocltizcnshipparentuge. AMioro Speaker Crisp Came In. There was qno now feature In the argu ment of Attorney General Garland apropos of today's proceedings In the houso. Ho pointed out the fact that Speaker Crisp was the son of an alien Englishman who baa taken up residence but had not secured citizenship In this country , aUo the fact that Crisp was born In England during a visit to that countiy by bis parents. The citlronshlp of Crisp , through the lone ro.iidonco of his parents In this country , hud never been questioned , although It wns not n matter of record that cither the father or the BOH had taken out naturalization papers or declared themselves HS desirous of citizen- chip.Tho The argument of General Garland was principally consumed In citation of decisions of district nnd circuit federal courts as well its state courts to tlin point that citizenship may bo inherent from alien parents nnd that long residence naturally operated 10 secure one citizenship , whether or not ho pursued thu line laid down In the constitution. A decision in thu case U not expected till lome tlmo in January. XI7MO.V.I/ nt .i. ' 1 inlncnt .Men of tlio Legal t'rofcHDion Will Moot Tomorrow. WASHINGTON , D. C , , Dec. 8. The fourth nnuual meeting of the National Bar associa tion will bei-in In this city tomorrow morn ing and will continue for ihrco days. The association , wboso birthplace was in this city , was formed for the purpose of unit ing the bar associations of the country In practice work and promoting the sclonco of the law nnd the due administration of jus tice. It U purely lepresoiittitlvo In Its mem bership , composed of delegates chosen from Imr assocletloni. Quo ovcnt that will help uiako tbU luootlut uolablo will bo tno prei- once for the Hrst tlrao of delegates from the Boston Bar association. . . . The program lor tomorrow Includes an ad dress of welcome by Mr. Justice Harlan of thu supreme court nnd the annual address of the president , Mr. Charles Marshal of Balti more. The dinner to tlio dclcgatc.s on Thursday evening at the Arlington will bo the occasion of a most distinguished gathering. There will bo but four toasts. The president 'or ono of his cabinet will respond to the Hrst toast , " ' 1 ho Proildeiit , " Mr. Justice Gray. of the supreme court of the UnltoJ States , will respond to "Tho Congress , " nnd Mr. James C. Carter of Now York will respond to "Tno Bar.1 It Is expected that ubout IfiO will attend the dinner , Including nearly nil the Justices of thcauprcmo court , the court of claims , the district courts , the members of the cabinet , senators and representatives , public ofllclals nnd distinguished representatives of the bar. AltMl' UltDKItf. of InteroHt In tlio Uvular Scrvluo Yesterday. WASIIINOT ND. . C. , Deo. 8. [ Special Telegram gram to TUB Bnn. ] The following army orders were Issued today : Leave of absence for ten days to take effect on or about December 21 , is granted First Lieutenant Parker W. West , Third oAvnlry. Leave of absunco for three mouths nnd fifteen dajs Is granted Second Lieu tenant William P. Wilder , Nineteenth Infantry. The following transfers In the Third artillery are made : Second Lloutonant John K. Crco , from battery A to battery B ; Second Lieutenant James Hamilton , from battery B to battery A. Lieutenant Hamil ton will Join the battery to which ho is transferred. Captain Ezra P. Ewers , Fifth infantry will repair to New York City and report In person to the superintendent of the ' recruiting servlco for a'sslgnmont to duly at David's island , Now York harbor. This detail is made with n view to a tour ot duty for two years. First LieutonuntGeorgu Andrews , Twenty-fifth infantry , will , us directed in telegram of this date , proceed to Fort As- slnaboine , Mont. , and report in person to Lieutenant Colonel John C. Bates , Twentieth Infantry , uresident of the examining board convened at that post , for examination by the board as to his Illness for promotion , and on the conclusion of his examination will return to his proper station. Lieutenant Colonel Francis H. Parker , ordnance department , Is detailed as a mem ber of the board of ordnance ofllcers , appointed by War department order of July 2J , 1SS-I , for the purpose of testing rilled cannon , vice Major George W. McKee , ordnance department , deceased. Major James W. Heinoy , ordnance department , Is detailed as n member of board of ofllccrs convened November ! il at the army building , Now York City , to consider and recommend a suitable magazine system for rilles nnd carbines for the military service , vice Major George W. iMcKco , ordnance de partment , deceased. Major Uicburd S. Vlck- ory , surgeon , is detailed us a member of the examining board ut Fort Monroe , Va. , con vened Fubrunry 24. 1801 , vice Major Curtis E. Muun , surgeon , hereby relieved. niKV nntA'T rort : j-'oit c/t/.si * . Hoar and AVIlliiuns Oj > | > onod to Free Colnajjc- WASHINGTON , D. C. , Deo. S. Mr. Sherman Hoar of Massachusetts when asked why ho did not vote for speaker on the roll call today said : ' 'Last fall , In an interview wnioh I had during our campaign in Massachusetts , I stated tnat in the coming contest for the spoaKorship I would vote for no candidate who would not promise to use his influence , if elected speaker , ngainst the consideration of bad financial legislation nnd the extension of silver coinage. When Mr. Crisp bccamo the candidate of the party I went to him and asked him to give mo this promise , which ho declined to uo. There was then nothing loft for mo to do but to refrain from voting for him. Having gone into the caucus I did not care to vote for any ono else but its nominee , but I could not vote for him and keep my word. In my judgment , how ever , ho will do exactly what ho refused to promise to do , namely , use his influence as sneaker against the consideration of meas ures looking to the extension of the coinage of silver. I feel fairly sure that such will bo his action , but , us I could not got his promise , ho could not got my voto. " Hoprespntattve Williams of Massachusetts , when asked why ho did not vote for Mr. Crisp , said : "I" did not vote on the roll call for s'pcaker for the solo reason that I could not do so aud keep faith with the people of Massachusetts , in the last campaign I took the position distinctly that I would not sup port any man for the sneakership who did not express himself In favor of the sup pression of free coinage legislation in this congress. Mr. Crisp has not so expressed himself , though opportunity has boon given him to do so. Ho remains silent on the ques tion , as he has no right to do. It Is plain that promises to the people on which votes are sought arn a primary obligation. The caucus can llnd no fault that I refused to cast my vote , arid if there is any such caucus law as that 1 will keep out of caucuses hereafter. _ FIG VHISa FU031 TllK ( US.MiUS ItUHK.lU. Transportation by Water on the Pa- 'oillc Coast. WASHINGTON , D. C. , Doo. 8. The census bureau today issued n bulletin on tbo subject of "Transportation by Water on the Pacific Coast , Considered as an Industry. " The in formation furnished relates to the business of the transportation by water as carried on in 18S9 by all craft of over five tons registered In the ports of California , Oregon and \Vnsh- iiiHton. Tbo information is given In detail In fifteen tables , from which the following sum- marv , showing the number , value aud opera tions of the stoamcr , sailing vessels nnd barges , reported In the census schedules , is drawn : Total otcraft , 1,81'J ; value , Sii,0i7- : ( 370 ; freight movauiont by tons , 8,81S'ii3 ! ; gross earnings , $1W.13,1I1U ( ; expenses , $17- 271,509. Itrltlsh West IndloH Willing to Make a Treaty \Vltfi A morion. WASHINGTON , D. C. . Dee. 8. The British commissioners of the West Indies were in conference with Secretary Blalno for sev eral hours today with a view to the estab lishment of reciprocal relations with the United States. It. is understood that consid erable progress was made towards an agree ment for commercial reciprocity under the provisions of the tariff act , and that there is every prospect of a favorable conclusion on the subject before the close of the present your. _ a To\vnUa Cnso. WASHINGTON , D. C. , Dao. 8. Secretary Noble today rendered a decision in the cuso of the heirs of William Bond and others against the Doming , N. M , , now townsl'.o. The secretary sustains the decision of the commissioner of the general land ofllco , al lowing the probate Judge of Grant county to cntnr all the land in question as the townslto of Denting , lu truit tor the several uses and benellts of its occupants according to their respective Interests. This claims of Bord Kinder and the additional hoiuentcnd claim ants are registered , CunKratiilatlnu OrlHp , WASHINGTON , O , C , Doc. S. Speaker Crisp has received several hundred congrat ulatory tolopiams from all parts of the coun try. In no case did the onthu lasiu run qulto as high or seem qulto as exuberant as in the messages from his fellow cizons of Georgia , From Amorlcus , Crisp's homo , a dozen par ticularly excited friends telegraphed that they had locked the sheriff in jail in order that the jubilation in 1)19 ) town might run Its uninterrupted course , llrlof .Mooting ofttio Cabinet. WASHINGTON , D. C. , Doc. 8. The cabinet mot today as usual , but the session was a short ono. Tbe itato , war and treasury do- jjurtuients were not ropreienied. MILLS MAD AND MAY RESIGN , Runnr Tlmt the Defeated Candidate Will Quit His Congressional Scat. THEN HE WILL TRY FOR THE SENATE. Program-Prepared by tlio DolnocriUlo CauotiH Carried Out In the HOIIHO Senatorial Contests Kc- fcrrcd to Coiiunlttcc. WASHINGTON , D. C. , Doc. 8. [ Special Tclo- gram to TUB Bin.J : It Is rumored bore today that Kogcr Q. Mills , on account of tils de feat for tbo spoukorship , will resign his scat in the house and enter at once upon a can vass for the sonatorshlp to become vacant at the expiration of Senator Chilian's term , ono year from next March. Mr. Mills is not in a humor to talk with newspaper men today , sea a conllrmatlon of this story could not bo ob tained from him. Oltll.lXJZ.lTlU.V UP TllK JIUUSK , Crisp Formally Klcoted Speaker and UrleJly ISxprcsscs Ills Thanks. WASHINGTON , D. C. , Dec. 8. When the house enlivened this morning there was a largo crowd present. At noon Clerk McPherson - Phorson called that body to order , and on motion of Mr. Holman the election of speaker was proceeded with. Mr. Holman placed In nomination Charles F. Crisp of Georgia. Mr. Henderson of Illinois nominated Thomas U. Heed. [ Appluuso on the repub lican side. ] Mr. Simpson of Kansas nominated Thomas C. Watson of Georgia. Tellers were appointed and the balloting commenced. The roll call resulted : Crisp , 2-JS ; Uecd , S3 ; Watson , 8. Mills and Springer were heartily applauded when they recorded their votes for Mr. Crisp. The cleric having announced the result , ho declared Mr. Crisp duly elected speaker amid applause. The clerk then appointed Messrs. Mills and Heed a committed to escort the newly elected speaker to the chair. In u few minutes Mr. Crisp entered with Messrs. Mills and Uocd supporting him on eitnor arm , and nis march down the nislo was a perfect ovation. When iiulot was secured - cured Mr. Crisp said : Gentlemen of the House of Representatives : For tlio grout honor you Imvo conferred upon me. 1 return heartfelt thanks. I shall endeavor - doavor to discharge the olllce of speaker with courtesy , with firmness and with absolute 1m- uartlulfty. [ Appluusu.1 Lot us unlto lathe hope tbut our labors hero tuny result In the advancement , prosperity , the honor and plory of our beloved country. [ Applause. ] I am now ready to take the oath of olllce. The oath of ofllco having been admlnls'- tered by Mr. Holman of Indiana , the work of swearii-g In the members ol the Fiftv-soc- end congress oogan. When this was con cluded a resolution for the appointment of Kerr for dork , Yodor for scrgeant-at-arms , Turner for doorkeeper , and Dalton for post master , was presented. Mr. Henderson of Illinois offered as a sub stitute a resolution for the appointment of the present odlcors , with the exception of chaplain , for which ofllco Charles 13. Ilams- dell was named. This was disagreed to. Mr. Holman's resolution was agreed to with an amendment offered by Mr. Springer , for the appointment of William H. Milburn as chaplain. The newly elected officers were then sworn m and a resolution was adopted directing the clerk to inform the president of the election ol speaker and clork. The speaker appointed Messrs. Blount , Rood and Breckinridgo of Kentucky as a committee to Join a similar ono from the senate to inform the president that congress was in session with n quorum present. A resolution was adopted directing the speaker to appoint commlttocs on rules , accounts , enrolled bills and tnlleaio , each to consist of the same number of members as in the Fiftieth congress , and referring the rules of the last congress to the committee on rules. It was ordered that the dally hour of the moctlntr of tbo house shall bo 1o'clock. . The house then proceeded to the drawing for seats. A resolution , the effect of which was to permit Messrs. Heed , Holman and p'Neill of Pennsylvania to select their seats in advance , was adopted. At the conclusion of roll call the house ad journed. In the Senate. WASHINGTON , D. C. , Doc. 8. In the senate immediately after the reading of the journal , the oaths wore administered to Messrs. Jones of Arkansas ( re-elected ) , DuboU of Idaho and Call of Florida. The papers in the matter of the credentials of Mr. Davidson ( claimant for Call's seat ) , were referred to the committee on xirlvllogca and elections without instructions to report at an early day. A llko reference was made of the papers in the case of Mr. Clnggott , claiming the seat of Mr. DnDois. The senate then took a recess till 2 p. m. Another recess was taken to 3 o'clock.nftor the appointment of Sherman and Harris as a committee to join the house committee in a visit to the president. At 3:20 the senate adjourned until tomor row. SEA'ATE COMMHCBES , Vacancies to Ro Killed A Task of Some JHllloulty. WASHINGTON , D. C. , Doc. 8. The demo cratic senators at a caucus this morning unanimously ro-clocted Senator uorman chairman , and Senator Faulkner secretary of the caucus for tno ensuing term of con gress. A committee wis appointed to fill the vacancies in the minority representation upon the various committees , after which the caucus adjourned without' considering aay other matters whatever. Tno senate caucus committee charged with n rearrangement of the senate committees had a short mooting today. It was acrood that efforts should be made to learn the in dividual wishes of the republican senators upon the question of their assignment , and letter * of inquiry have been addressed to such senatorial have not yet orally expressed their preferences. The commiuoo assumed a task of greater magnitude than usual in such cases. Serious inroads have boon made bv death , resigna tion and failure in the ranks of the sonata as it stood at the close of the Fifty-tint con gress. In the forty-txvo standing and thir teen select committees thuro are no loss than seventy-two vacancies , including six chair manships in the list of standing committees , and ono In the list of select committees. Singularly enough the best and worst showing In this respect is made In the case of the more Important committees of tlio senate. Tno committee on llnunco retains every ono of Its thirteen members , while Senator Sherman's cummlttco on foiolgn re lations has lost tlvo of ita nine senators , The committees on the Judiciary , education ami labor and on District of Columbia have each lost thro'j members Including the chairman. Pensions , woman's suffrage , the World's fair and the United States university committees have also lost three lu their membership. Civil ser vice , const defenses , examination of the civil service , Mississippi rlvor Improvements , In- lerstato commerce , postofllco , private land claims , privileges and elections , mines , revo lutionary claims , Nlcaruguau claims , Poto- maq rlvor front claims , irrigation and epl- doinlu diseases have lost two members in each caso. Tbo losa of the com mil tecs on appropriations , census , enrolled bills. llsh > cries , Immigration. Indian affairs , military affairs , revision of laws , organization of the executive department ! ) , patenti , public build ings , railroads , library accommodations , meat products , Indian depredations and library is ono in each case , the last named commltteo losing its chairman , The committees , apart from that * on finance , which have no vacancies are : Contingent expenses , engrossed bills , commerce , naval affairs , printing , public inud.v rules , terri tories , transportation mutes , ' civilized Indians , Pacllle railroads , relations with Canada and administrative service , Of the total number of vacancies In the committees , presuming that the solcot committees nro to 1)0 ) continued In existence , the republicans will bo entitled to till forty-throo and the democrats twenty-nine. When the house committees on election Is appointed and proceeds to * consider the con- tcstod election cases which Will como before It for the tlrat tlmo , It will have as a basis n digest of the reports , testimony and legal questions relative to election ! ) which came before previous congrcsse- * . This digest Is intended by Mr. Chester H. Itowcll , the clerk of tbo elections committee , who worked on It during the recess , to assist the members In reaching an Impartial conclusion touching the law and precedents applicable to any election contest. Tno older members of the senate arc familiar with election pre cedents and well Informed on most nuestions at Issue , and a record of all important senate cases has boon mado. In the house , however , no digest has been prepared , uwuig , In part , to tbo greater number of contests mid the voluminous testimony taken la each , and as the complexion of the hauso changes fre quently. the result has bifm that members have often acted with only an Imperfect knowledge of the laws and precedents , the result being confusion and lack of anything llko a uniform pollcj iu dealing with cases involving the rights of members to their scats. The caucus committee will bo guided In Its work by the well established practice of promoting meting to chairmanships , where vacancies exist , the senior senator In point of service. JIKCEVTIOX OF 1UE lAt.lDKKS. Scenes on the Floor of the House Simptoii Created a Smile. WASHINGTON , D. C. , Deo.1 8. The excited feeling which was so apparent throughout the spcakershlp contest had no part in the proceedings of tbo house .today. . When Mc- Mlllln appeared on the floor this morning , many members who had not been with him In the fight rushed up to shako his hand and to toll him that ho had ifmdo a eood stand against the inevitable. Mr. Springer had on bis coat lapel a bright scarlet pink which had been the emblem of his camnalgn and upon his fnconsmlu. Hav ing cast his vote and his Inlluoneo to Mr. Crisp ho was in high favor with the victors , and his smile broadened Into a glow of good humor as no mingled among his fellow mem bers. bers.Mr. Mr. Mills came In late and quietly took a scat among the men who fought and foil with him. Mr. Crisp reached the crtpltol before 11 o'clock and was at enc < V installed m .tho speaker's room , where ho was soon sur rounded by members , though his room was at no tlmo crowded and there \vasiiio noisy re ' joicing. , The chief anxiety of mostof the members has suddenly turned froni tha great contest to the question of commltteo assignments and conoral house organization. When the nominations for speaker wero. . .mado in the house this morning that of Mr. Heed was the only ono greeted with npplauso , Jerry Simnson , acting for the farmers alli ance party of nine , nominated Mr. Watson , of Georgia , and a smile spread over the house. When Judge Holman placed Judge Crisp lu nomination the democrats reserved their ap plause for the moment wheij heishould be de clared elected and be 'escorted into the house. But , at the name of Reed , the eicluy-thrco republicansinsulo nil the noise consistent with their njlrufrsr. and their votes were all cast In n pecuHarly loud voice , to show that they were tuercf During roll call Mr. Mills stood back be hind the rail on tbo douxxvaticsulo , straight ened up to his full stature , arid when his name was called voted -with his usual depth of voice and oarnostnoss'nf manner. Messrs. Hoar and Williams of Massachusetts , who were Mr. Mills' most active 'workers ' , did not. voto. The silence on the democratic sldo re mained unbroken whllo the toilers counted the vote : CrisD , 2S ! ; Hoc < 383 , and Watson 8 , but when tbo clerk announced that Mr. Crisp was elected spoakov a wild burst of applause filled the houso. Mr. Mills and ox-Spenkefr Reed were ap pointed to conduct the speaker to the chair. On his appearance in the hall nil the mem bers stood in their places clapping their hands and cheering. The scramble after the minor offices began in earnest as soon as tno numos of the chosen ofllcors were known. Enough applicants to consume all the patronage many times over crowded tuo capltol buildiutr today and an immense amount of wirepulling is being * " done. 1'ostpoiicinent ol' Date of Meeting of Its National Convention. WASHINGTON , D. C. , Dee , 8. W. S. Mc Allister of Mississippi , 'chairman of the national executive committee of the anti- subtrcasury alliance , who has been making a tour of the states where his party is strongest , found awaiting him hero letters from nis tcllow committeemen urging l.lm to postpone the date fora national convention , called to meet at Memphis , Tenn. , December 10. This call was issued from Inulanapolls upon the refusal of the supreme council , after a lengthy debate to receive thu protest of the anti-subtreasury party and raaka the samoa a part of the record. It had previously been determined , in the ovcnt of such action by the supreme council , to perfect a distinct organization with the object of restoring the farmers alliance to its original elate of ildelity to its constitution. , The proposition to postpone the convention until a later date was acted upon by Chair man McAllister , who tonight issued tbo fol lowing : llBAiiQUAUTnna OP TUB. NATIONAI , EXECU TIVE OOM.MITTKI ! ANTI-SUIITIIKASUUV Al.I.l- ANCB , WASHINGTON , I ) . O. . , lec. ) 8. 18'Ji , To the Members of the Anti-Siihtroasury Alli ance : In obedience to urgent requests from many niomuura of the Anti > Hubtruusnry al liance the national convention uallod to mont at Memphis. Tenn. , Di'Cejnbor 10 , 1 $ hereby postponed to u duto whleli\vlll , bu hereafter named. W. S. McAr.MSTitn. Chairman of 'the ' Committee. The reasons for this action were given by Mr. MoAllUtor in an Interview as ho was taking the train tonight for his homo in Can ton. Miss. "Whon our cill'wus issued , " ho said ' 'the council 'had taken , supreme no ac tion on ' .ho third D.irtv question. Subse quently it appointed twoifty-tlvo delegates to the third party conference , sot for February S3 at St. Louis , Mo. Notwithstanding this action , the national alliance leaders are du- nylng that It is their rnjrposo to turn tlio sarmers alliance Into a DOlltjoal party. The result of tbo St. Louis conference will deter mine their real purpose m the promises , and hence the propriety of postponing our na tional convention. " I'onslo 'H lor Nuveiii her. \VASIIINOTON , D , U. , Doo.8.--Tho statement prepared at the pension ojttco shows that during the mouth of November Ian tV-.V ! ! ! pension claims of all classes were allowed , upon which the first payments aggregated $ . ' ,8(13,838. ( The average p'uymont to each pensioner was therefore SltM.'JO. Of the J'JjSKl claims allowed , 15,000 were under the act Of Juno Si' , 18UO. Domouratio Committee ( 'nil. WASIIINOTO.V , D. C. , Doo. 8. The execu tive commlttoo of the national democratic commltteo has decided to call a mooting of the national commlttoo at Washington , Janu ary -M , to decide upon tuo tlmo and plnco for holding the democratic national convention. f'oiiHolaiiori I'rlzCH , WASHINGTON , D. 0. , Doo. 8 , The dome- cratlu senators , aV'n caucus this morning , unanimously ro-oicctod Senator Gorman chairman , and Senator Faulkner secretary of the caucus for the misulng term of con gress , * Secretary Foster Hotter. WASHINQTON , D , O. , Doo. 8. Secretary Foster Is batter this looming , LAMBERTSON 18 THE LEAD , Nebraska's Oitizon Favorably Regarded en Judge Oooloy's Successor ANTHONYOF KANSAS ASTRONG OPPONENT Interesting Measure * to Ha Intro- In tlio Semite Today 1'aUilotMi'n Pure Food Dili Again. WASIMSOTOS BUHEUJ or Tan DZK ; , 1 CI3 FOURTEENTH bTiir.r.T. WASHINGTON- . C. , Dec. 8. I Thcra nro strong Indications that the presi dent Is wavering between Hon. G. M. Lam- bortson of Lincoln and -Senator Anthony of Kansas , as successor to Judge Cooley on the Interstate Commerce commission , For weeks past the president has been besieged by both Senators Paddock and Manderson in the interest of Mr. Lambert-son , and has ro- colvcd in addition endorsements from all sec tions of the west. The argument Ins buun made that Mr. Iiambartson's carojr has boon so thoroughly Idontillod with anti-monopoly legislation that his selection would bo considered a direct assault upon the railroad interests of the west. In reply to' these arguments , made on behalf of an opposing candidate. Mr. Lambcrtson has presented totters from ninny of the most prominent railroad men of the country stating , that while Mr. Lambortson has been constantly opposed to them in matters of reduction , ho has evidenced such fairness and ability in the conduct of cases that they have no desire to interpose any objections to his selection for what is a judicial position , and which they consider eminently constituted to his judicial mind. Senator Spoonor of Wisconsin today for warded an urgent telegram to the president upon Mr. Lambortsou's behalf , which wni Hied with those of prominent nnti-mouopoly leaders in Nebraska , and with the endorse ments of the two senators from that state. Mr. Lambertson readied Washington today to appear before tlio supreme court in a prominent case in which ho Is Interested. It is oxnented that a nomination will bo made within the next two days. Active Work in the Senate. Tomorrow will probably witness In tno senate tlio introduction of the usual Hood of bills Incident to the opening of the session. Senator Paddock has carefully revised his pure rood bill for the prevention of adultera tion in food products and will present it at the earliest oossiblq moment and ask its nf- orenco to the committee on agriculture The prospects are that the measure will receive at this session a much bettor support than nt the last , when it was handicapped In Its passage by tbo unending debates upon tbo force and tarill bills and was in addition opposed oy a largo number of southern sena tors in the interest of the cotton sued oil in terests. Since that tlmo Secretary Husk , in his annual report , has strongly urged upon congress the passage of the measure and it will receive the best support from the Agricul tural department and from a large number of members who , since the successful operation of the meat inspection bill , have discovered that irovcrnmont provision in these products is essential to a successful extension of the foreign trade. Senator Paddock will also introduce his general postofllco building bill , providing for the erection of postofllces in towns of a stated population. This measure has al o re ceived the endorsement of Podtmastor Oon- oral Wanamakor who , in his annual report , strongly urges upon congress the passage of a bill of this character. Senator Mupderson will again present to congress his bill for a federal building at Norfolk , which , having paised the senate the last session with an appropriation of $15'JOJO was cut down by the bouse commit tee to $75,001) ) and died upon the calendar. lie is strongly hopeful of success at the pros- " ' sent session. Ho' will also urge with his old time persistency his bill for n three-battal ion organization of the army. This meas ure , it will bo romonibored , after having missed the senate and amended in tbo house by the addition of the artillery bill , was de feated by the personal offotti of Inspector General Brocklnridgo , who insisted that further amendment , providing for an Increase - crease in the stalT , must bo added to the measure before it could secure unanimous consent in the house of representatives. The last report of the secretary of warmest most strongly urged upon congress , as a public necessity , ibis change in the army organization of the infantry in order to make it conform to other branches of the service. Senator Mundorson is hopeful that notwith standing the advantage of tl.o democratic majority in the house , and the avowed inten tion of representatives to pare down all ap propriations to the least possible limit , that this measure , so much needed by publio in terests , and wbich will s6 greatly conserve the services , may rccolvo favorable consid eration. Senator Mandorson will also introduce a bill compelling district and circuit judges to commit to writing their instructions to Junes , and a bill pensioning Mr * . General Henry A. Morrow , widow of the last colouol of the Twenty-first infantry and commandant ut Fort Sidney , Nob. \\cstcrn MomlierH Ijooatoil. Mr. fJryan of Lincoln was ono of the for tunate first few drawn iu tbo allotment of scats In the house today. Pie selected a seat in the most commanding part of the house , tbo fourth row of the first section of the democratic side , two seats from the main aisle. Mr. Kom was ono o f the last names drawn. Ho took a seat midway of the extreme - tromo loft section on thu1 republican side. The name of Colonel Dave Henderson of Iowa was among the first drawn , lie was importuned by members HockoJ in various parts of the house to joic them but ho de clined nnd took a scat In the front row of a mlddlo suction on the re publican side. Mr. Jolly , the new member from South Dakota , was modest and sat down in the first seat he rumo to , midway In the last row nt the republican sido. Mr. 1'iclilor sits in next to the last row In a mld dlo section on the republican side. .lorry Simpson's name wns called about midway of the list and ho came forward nnd took the second scat from the center aislu In the front row on the republican sldo. Air. Hpoalccr't ) Alluded 1'laiiH. The election of Speaker Crisp Is Immedi ately followed by speculation ns to the chair manships of thrco committees whoso work this session will fr.uno the policy of the dem ocratic party in the presidential campaign. namely , coinage , weights and measures , ways and means , and appropriations. Mr. Crisp's declaration that his elevation to thu sponUorsulp would "not impede the cause of tariff reform" is at first blush taken to mean that ho intends to offer tha ways nnd moans chairmanship to Mr. Mills. Such an ap pointment , unless the rest of thu committee were so formed as to tla the the hands of the chairman , would appear to bo In effect a reversal of the decision of thu house in choosing Crisp and free silver rather than Mills and free trudo. For chair man of the nolnago commltteo the name of Mr. Hlnnd of Missouri would naturally sug gest itsnlc were It not for the fact that ho voted persistently for Mr. Mills tor speaker. Mr. Crisp , however , cannot well afford to indulco In too much retaliation. For tbo ap propriation chairmanship the gossips have already selected cither Mr. Holroan for thu uaUo of demagogy contrast with thu 6o-callod "Billion dollar cnngrest" or Mr. MoMllIln of Tennessee. McMlllln Is much the host lit toil for the place. It Is bo- lluved that nearly all the moro important chairmanships will go to the eastern south , whence Mr. Crisp's support principally came , Now Kngland and the northwest will rccolvo but a meaner shnro of the * polU , but Impera tive demands of Taminun/ Now York will bo submissively honored. I' , S. II. Ilol : I'roni 11UVomnlH , , Ala. , Dee , 8 , The dead body of Ed Younir , the Illicit distiller who shol nnd Killed Deputy Marshal Oborno In Marlon county several woolMngo. was found Sun In the woods near the Mississippi state if lountt was wounded M ho Hod by the p ( - with Uiborno. Ho soo.ns to have boon o * * como by his hurts and fallen down It1 ; 7' woods by himself to die. Multilist : CASK. Stevens Opens for 'Uio What He U III Try to Prove/ / Di'NVCii , Colo. , Dec. 8. The trial / Dr. Graves , charged with the murder o Ira , Bnrnaby , was resumed today. Judgo' inu arrived in court this morning promptly i * ' 10 o'clock , nftor a forced nbsenco of four days with the grippe. Ho wns very palo and his face bore siens of suffering. When ho took his scut and ordered the court convened the room outside the railing was crowded to suffocation with several hundred poonlo , anxious to know thu story of the prosecution In this important caso. Insulo the railing sat Mr. Graves with his attorneys nnd friends upon one side , whllo on tno other sn * , Mr. John Conrad , tbo son-in-law ot Mrs. Barnaby , Mrs. Barnaby's two daughter * nnd several friends of the prosecution , among whom were th-i Worrcls , upon whom it is thought the tlofonso will attempt to fasten the crlmo. Before the district attorney arose to de liver his opening address to the Jury Judge Mneon , lor the dofou.se , moved that all wit nesses on both sides bo excluded from the courtroom during the taking of the testi mony. Judge Belford opposed the motion and Judge Kislng stated ho would entertain the motion If Judge Mucou would bo moro explicit , Judge Macon took ono exception nftor which Mr. Stevens began his speojh. Ho reviewed the case nt some length and said ho had evidence to prove that the bottle containing poison sent to Mrs. Barnaby was from Dr. Graves and that ho would show taat Graves was the only person in the world who had any motlvo for the destruction of Mrs. Barnaby. mitKCAsr. Orricn or WK.VTIIEU Buinuu , I O.MUIA , Deo. 8. f The coldest weather continues in the south west , b.ut temperature generally rose yester day and today will probably mane n moro decided rise. Fair wnathor continues over all the western and northwestern districts , except western Montana and the north Pacllle Slope , where rain has sot in. The barometer remains low over western British America nnd in the upper Missouri valley. It is highest over the Gulf of Mexico. South westerly winds predominated. For Omaha and vicinity Fair nnd warmer weather ; continued southerly winds today. Tomorrow promises to bo fair but storm threatening. WASHINGTON , D. C. , Dec. 8. For Missouri Warmer , fair ; southwest winds. For Kansas--Fair ; warmer in east ; sta tionary temperature in western portion ; southwest winds. For Nebraska Generally fair ; west winds ; warmer in southeast ; stationary temperature in northwest portion. For Iowa Generally fair ; west winds ; warmer , except in extreme northwest portions tions ; stationary temperature. For North Dakota Generally fair ; west winds ; colder by Thursday morning. For Colorado Local rains ; variable winds ; colder by Thursday morning. For South Dalrota Same as North Dakota. His Murderous Brother's Efforts to . ISaoipo tlio Hangman. CoNCOun , N. H. , Doo. 8. The hearing In the SaWtollcrca36"1 > wfl1s Tosinticrl today , and testimony looking to establishing tno lo cation of the crime waa taken both for and against the prisoner. Considerable com ment Is caused by the fact that the " skull , supposed to" bo that of Hiram Sawtcllo , bad , when found , no teeth whatever in the upper jaw , and but six front tooth In tbe lower ono. Mrs. Sawtollo stated In Boston today that her husband had several teeth in the upRor jaw , nnd that those in the lower jaw were very good and regular. Tbo government , it is said , is not inclined to admit that the head is that of Hiram Sawtollo , until coed and sufllciont evidence is offered on that point. Mr3 , Sawtello is on lior way hero to give testimony. Alr'TKIl JllK JflKJI. Summons Served on Edward M. Field and II 'H Partnci'M. WniTBPf.viNs , N. V. , Deo. 8. Uobort E. Diotz of Now York City today placed in the Hands of Sherilt ahirmer of Wostchcstcr county , a summons nnd complaint to bo served on Edward M. Field , David A. Llnd- loy , John F. Welches and Herman Ililmcrs , the defunct linn of Wall street brokers. The complainant claims that on tbo ISth day of June , 1891 , the plaintiff obtained 8100,000 from the firm , for which ho deposited with the defendant certain stocks as collateral security for the loan , which was to bo paid on the 18th of December , 1891. The plaintiff claims that the Jlrm never demanded of nlm to take up the securities , but appropriated those to tneir own use , nnd wrongfully and fraudulently converted the same into money , and applied the proceeds to their own use. I'nsincfi-j FOUT WoiiTii , Tex. Due. 8. E. Bauman has lllod a deed of trust conveying his two stores In Dallas and Fort Worth to secure his creditors to the amount of $197,000. The amount of assets and liabilities is unknown. LOXPON , Doc. 8. The private banking llrm of Bawtrce , Dawnay &Curscon of Colchester suspended today. Thov expect to pay their liabilities in full. LONDON , Dee. 8. The private banking llrm of Uawtreo , Dawuay & Curscou of Col- chontor suspended today , They expect to pay their liabilities In full , nawtrco , Dawnay , t Curscon announce that they will roopoii tomorrow. They have issued a circular in which the/ i > a.v that they have realized on locked up securities and huvu made arr.mgo- menU with other banks enabling thorn to cash bank noto.i and advance fifteen shillings on the pound on current credit accounts. They will call H meeting of their creditors shortly , when they hopa to submit a satis factory scheme of settlement. DoallT Itoll. NKW Oui.uvx , La , , Dec. 8. Bishop Gallagher of Episcopal diocese of Louisiana , died last night of heart disease , aged 5' ) . PUBIH.O , Colo. , Dec. 8. Dr. A. C. Baclm- nmii , a celebrated Philadelphia physician , who carao specially to treat State Treasurer Carlisle for heart dlsoaso. died suddenly this morning of pneumonia. The remains will bo shipped Friday. CuioAdo , 111. , Deo. 8. Professor Hwlng- liusGrovcr , v.'teran principal of the Dear born seminary , died at that institution this morning of heart trouble , aged 79. Ho was born in Massachusetts tu ISl'.i ; graduated from Brown unlvcrolty in IW'i ; cumo to Chicago In ! 6. > 7 , slnco which tlmo ho has been principal of thu Dearborn seminary. Treaty t'oni'lndcd. WAHHINCITON , D , O. , Deo. 8. Whllo It is Impossible to obtain an ofllclal acknowledg ment to that effect , It is known that , a com mercial convention undnr the reciprocity clause of the MoKinloy act has boon practi cally concluded Uolwcon Germany and the United Slates , and that the president will soon Issue a proclamation announcing the fact. The convention contemplates the free Importation of German sugar Into the United htutoi and the reduction of duty on Ameri can cereals Imported Into Germany from C to UK murka. Summer Arrival' . At Boston Pavonla , from Liverpool , At Quoenatown Ilothinu , from Now York , At Mjvlllo Furnosula. from Now York. At London Sighted , Majestic , Chicago , Spanrdam , from Now York. At Brouiorbnvcn Kins , from Now York. At Southampton Havel , from Now York , At Now York Khuetlu , from llnmburtfi Amsterdam , from Rotterdam. HE IS RATHER ENTERPRISING German Minister Gutsclimidt Trios to Oap- turo OhiH for Hiunolf , INTRIGUED WITH ROMANCER THOMPSON , Combination of IrrospniiHlDlo Correspondent - spondont and UiiNornpnloiiH Din. Iniiiat to ICmnroll All Nations Over tlio Chilian 'tol iWI l > uJiins ( Portion llcnnttt. } VAI.I-.VUAISO , chill ( via Gnlvonou , Tox. ) , Dec. 8. i By Mexican Cable to the Now York Herald-Special to Tin : BKK. | General Velasquez , wUo was minister of war under the Balmaceda regime , and who , upon the fall of Valparaiso , sought temporary refuge In the Goiman legation , loft that asylum some ttmo aero and has slnco boon In liiciin ? . Ho surrendered himself to the mill- tary tribunal today , nftor having rceoivou guarantees from Intondonto Lira of Santiago that ho would bo dealt with fairly. It transpires that British Minister Kon- ncdy was not aware of the shipment of silver by Balmncccla on board of the British vessel Ksploclo until nftor she had sailed from Talcahuono. What the Gorman Mlittatcr Wanted. Ilorr Gutschmldt , the German minister , it would seem had entered into an Intrlguo with Thompson , the correspondent of the London Times , whereby the latter was to use his paper as a eatspaw to stir up illfecllng through mtsreprosoctation of the United States and Its representatives hero. This combination between Gutsohmldt and Thompson partly accounts for the former's conduct , exposed In the Herald at the lime , in demanding that the Bnlnmcedlst refugees aboard the Gcrm.Mi warship , Lolp- slg , should bo surrendered to tliulr enemies , although the Gorman admiral had given the refugees his promlso of protection. Gut- schmtdt's plan miscarried , for the admiral npnoalod to his government , which sustained his action in refusing to comply with the German minister's inhuman demaud. Tryln-fto Down Knxland. It also appears that Gutschmldt was striv ing.to give Germany an ascendancy over England in Chill , so ho got Thompson to Insinuate that Minister IConnody had him self made the arrangements for the ship ment of the sliver on the Eploglo. There upon Thompson put forth the claim that cer tain persons in Santiago names of cour.so not given -had informed htm that they had discovered documents inculpating Minister Egan in nitrate mattorfl. lam reliably informed that Minister Gut schmldt ondea\'orod through Thompson to irejudico the Chilian govornmontagalnst the English in order to obtain concessions for German residents hero in the way of trade. [ t is an open secret that for some time past the Germans in Chill have boon trying to drive out tbo British morohants. I have re ceived indisputable information that Thomp son has offered to press a claim ns-alnst tbo 3hillan government , for a ooueorn here , wasting that his great influoncj with the au thorities xvould curry through his suit. His action in stirring up strife botwean the French and Americans throagh the Times Is severely condemned by the natives of Great Britain who are residing in Chili. The Spanish minister , Ordonez , has pre sented claims for $ : ) ,000,00l ) damages to the hillau government for the destruction of property of Spaiiisti residents duilng the late conllict. iVnval KvprrtH W | fii vrt'jlilnl tSJl liii.iamcx ( InnlD-i iiriti. | LONDON , Dec. 8. [ Now York Herald Cabio Special to Tin : BEK. | English naval ofll- cera nro Indulging in a gignntlo crow nt the cxpunso of the Unltod States ovc > * the report that the cruiser Philadelphia is liable to capsize - size owing to her immense top hamper. Sev eral are busily engaged in preparing articles for service papers , pointing out mistakoi made by Americans In constructing the Phil adelphia , which they claim Is n complete vin dication of English plans and workmanship. They point to tbo fact that the Baltimore , which was built on tbo original designs , was a complete success , and that the Phila ' delphia' was spoilt owing to the improve ments added by Americans. They refrain , liowovor , from mentioning tha gross and ri diculously bungling ships of their own build , such as , for Instance , the Sultan , which car ries a bottom full of cement. 'or ' Horn I'c.lro'w I < 'uniriil. PAUIS , Dec. 8. The Countess d'Eu has de cided that all Brazilian residents , who bo desire , shall bo allowc'd to hold cords of the pall In the funeral procession on Thursday. Dom Pedro's body wns removed to tbo church of St. Madeleine today. The Inner cofiln Is lined with white satin ; the outer covering with black , dotted with silver stars. A- panel of glass In the lid allows the face to : io scon. The Inscription on thu coilln plates s in Latin , and It is u tribute to the deceased - ceased as ruler and savant. An Immense canopy lined with silver hangs from the huruh roof and the walls are draped with crapo. _ Crit'oal. Uio di ! JAN'r.iuo , Deo. 8. The situation In : ho state of Uio Janeiro is becoming critical. ' 1 .10 opposing parties are urmlng ttiomsulvoi. jovernor I'ortollo holds NIcthoroy. The in surgents have established a provisional gov ernment and have selected Parahoyo as their capital. They nro organizing for nn attack on Nicthoroy. The government Is apathetic. The report of tha failure of an Importuntrull- way company will bo ancouncod tomorrow. HolilinrH. Sr. PKTniisiifiio , Doo. 8. A dispatch from Vladivostok says that thieves have robbed the government treasury there of li'iO.OOO. The thle-cs entered and escaped from tha treasury by means of an underground pas sage. Switzerland' * ! I'roHldont iiitNK , Deo. 8. Dr. Welt ! , prosldont of Switzerland , has resigned because the ma jority of the electors voted against the gov- jrnnient'H purchase of the Swiss Central railroad department. Fifty Itodlim llcoovcroil. PAUI3 , Ucc. 8. Fifty bodies have boon re covered from the St. Etlonno mine , whora Lho explosion occurred , \\Vstrrn I'alctnlH. WASHINGTON , D. O. , Dae. 8. [ Special Tele gram to TUB nee , I The following list of [ intents grautod U rojortoa by Tuu BUB ami lOxamlncr Bureau of Claims ; Josopb O. Drounon , Ues Molnos , la. , 11 uo cleaner i Michael J. Fahey , Port Madison , la. , Htovo plpo thlmbloi Nicholas W. Gales , Cole , la , , milk scaldor ; Lcnnlo A. II. Gro- nnlle , Hampton , Iiv , window curtain nd veil holder ; James A. lllnson. assignor to Illnson Car Coupler company , Dos Moluos , la. , car coupling ; Allies K. Lewis , Hastings , Nob. , corn harvester ; Hobort S. Moore , BnuUhaw , Neb , , lawn sprlnklor ; Clarence B , Paul , \Vhittomoro , Ja. , apparatus for warming beds ; Gustuvus J. States aud G , 1C. Hull , Lincoln , Nob. , elevator unu slacker : Jofferton Tollafson , Stiinsberry , la. , poc < : ot knlfuJohn W. XJftlow , ussUnor of one-half to F. A. Burdick , Aberdeen , S , D , , protector for telouhoue * .