Omaha daily bee., 1888-09-28
THE APPORTIONMENT BILL.
It is Held by the Supreme Court to
be Good Law.
THE ATTEMPTED JAIL DELIVERY.
Meeting OF the State Board OF Trans
portation-Tbe Republican State
Committec-Nationa Commits
sions Lincoln Notes.
LINCOLN BUREAU OF THE OMAHA BEE,
1929 II STREET,
IISCotN Sent o.

LINCOLN, sept. ~
The oral opinion Of Justices Maxwell and
Cobb on the constitutionality of the act for
legislative apportionment, passed by the last
general assembly of the state, was given this
morning. The case was brought by John
Singleton, of Saline county, on petition
praying for the issuance of a writ of manda-
mus to compel John Van Duyn, county clerk
of said county to call for an election of three
representatives under the apportionment act
of 1881, instead Of two members, as provided
by the act of 1887 As stated in to-day's BEE,
the action involved the validity Of the act of
the latter year. and came before the court on
the demurrer of the respondent.
The argument Of counsel took place yester-
day. Judge Abbott of Crete and Judge Gil
bert Of York appearing for the relator and
Judge Foss of Crete for the respondent The
demurrer was taken under advisement by
the court at the close Of the argument. This
morning Judge Maxwell announced that the
court would sustain the demurrer and deny
the writ.
Justice Maxwell said, in substance, though
general objection is taken because of the
omission of Sarpy county, that the legislative
apportioDment act Of 1887, in the opinion of
the court, as to the thrty-three senators is
perfect, and as TO the ninety-nine representa-
tves no objection is made. Substantially,
the one complaint before the court is that
Sarpy county is omitted from the body of the
act. The court had carefully considered the
whole subject matter here brought into CON
troversy. Under the former apportionment
that of 1Ssl, Sarpy county is entitled to one
representative, and, in the opinion of the
court, is still so entitled. The repeating clause
of the act of 1887 repealed sections and OF
chapter OF the compiled statutes making
other provisions. Hence the general law as
previously existing was repealed only by im-
plcation-that is to say, by the new law
taking the place Of the old. AS he
had said, under the act of 1881, Sarpy county
is entitled to one representative, and as the
apportionment made by the latter act does
not touch this part of the act, Sarpy counay
under the law is yet entitled to one repre-
sentative, there being nothing in the new act
repeating or taking the place of this appor-
tionment in the old act The demurrer
would therefore be sustained, and the writ
denied.
The effect of this decision appears to be
that the apportionment act OF 1887 is good so
far as it goes, and is constitutional; but
where it does not reach-that is to the repre-
sentation of Sarpy county-the old law pre-
walls. The written opinion of the court, as
prepared by Judge Maxwell, will shortly be
handed Gown. The opinion will be that Of
Justices Maxwell and Cobb, the chief justice,
Mr.. Reese, having abstained from sitting in
the case, for the reason that he is a resident
of the district specially affected by the liti-
cation, and, therefore, he said he might not
be able to judge of the merits of the case
without prejudice. After the argument yes
terday morning, Justices Maxwell and Cobb
spent the rest of the day in u careful exam
ination of the law and of the legislative rec
ords affecting the matter.
THE MYSTERY DEEPENs.
Sheriff Melick made an unsuccessful at
tempt to find the saw used by the be
Jail breakers night before last to-day. The
prisoners were removed from their cells and
searched, one by one, but the saw could not
be found Even the soles of some of the
prisoners shoes were ripped open. Every
crevice nook and corner of the Jail was care
= fully searched. Blankets and beds were
ripped asunder, but the efforts of the sheriff
and assistants to discover the missing arti-
Gle were completely baffiled. The saw in
tended TO reduce the bars that stood between
the prisoners and liberty has been most sue
cessfuly spirited away How it came into
the hands Of any one of the Jail birds is a
profound mystery They evidently have
pals on the outside who stand ready to ex-
tend to them helping bar band; L. But who ' are
the search bottle of nitric acid was found
on the person of one of the jailed culprits
that was purchased at Browns drug store,
but for what purpose is unknown unless ia
have been used in the event Of a hand to
hand encounter, or to soften the bars of iron
In either event the acid could have been
used with telling effect. Sheriff Melick will
spare no pains to unravel the mystery, and
bring to grief the parties on the outside who
are evidently doing all in their power to beat
the law in it's punishments.
STATE BOARD OF TRANSPORTATION.
The state board of transportation met in
regular session to-day. The Guyer and Elm
erald cases were up for consideration. II
the first case further continuance was
taken for the purpose of taking testimony
The Emerald case, however, was disposed o1
and the town will have to be satisfied with
the present passenger and freight shipment
facilities. Conclusive proof was furnished
that the road does not get sufficient business
at that point to warrant further outlay o.
money for the erection of buildings demanded
by the citizens of the place. Railroads have
somcrights that the unanimous board are
glad to sustain.
POLITICAL MATTERS
The executive committee of the republican
state central committee held q special meet
ing at room 80, Capital hotel this evening
Complete announcements will be shortly
made for the fall campaign.
The two republican candidates for senator
In the York-tillmore district will have to b.
coalesced into one, according to the decision
of the supreme court this morning Yorl
county has expressed willingness to refe
the matter TO the wisdom OF the state centra
committee, and it is thought that Fillmor
will wisely do the same thing.
SoTARIAL COMMISSIONS.
The following Nebraskans were commits
stoned notaries public by Governor Thaye
this morning: NJ. S. Gray, Hebron, Thaye
county; It. Il. Bennett York, York county
g. II. Prince, Grant, Perkins county.
CITY NEWS AND NOTES.
Judge Field has dissolved the injunctio
restraining Bishop Bonacum from postin
the name of Patrick Egan one of the dt
linquent subscribers to st, Teresas Improve
ment fund. The motion to dissolve was sus
tanned by the court, to which, Of course, tn
plaintiff cxcepts
Hon James O'Kelly, of Roscommon, lei
Lincoln to-day on his homeward journe,
While in the city he was the guest of HoI
Patrick Egan and Hon. John Fitzgerald. III
visit to America has been one of pleasur
rather than business, but he came to N,
braska TO confer with his hosts of friends O
the Irish question. On his return home Il
will do penance in prison four months fc
making n speech that the government coul
not relish. Mr.. O'Kelly has won fame rs
new spaper ercorrespondent.
The strike of the ''swecpcrs" on the paw
ment work did not amount TO much III
blocks are still going down and the work
progressing rapidly. Winter approaches an
the work must be done before Jack Fro;
does his nipping
The cry of "Eurckan was raised last nigl
from the city water department Five wei
have been put down across the Antelop
which IL is thought will yield 250, 900 gallor
Of pure water daily. If this proves TO |
true tho water question is probably settl,
for all time, But such cries have repeated
been raised before.
"The best on earth" can truly I