Omaha daily bee., 1899-12-05
ARGUMENT IN BOLLN CASE
smyth Appears for State and West for
Plaintiff in Supreme Court,
BOTH LAY tn lR IDEAS BEFORE JUDGES
NebraslSans Have Good Luck in Draw
ing seats in the House of Rep
resentntives-Pops Get
Up in Front.


gram. Argument in the case of Henry
Boln against the State of Nebraska was
commenced this afternoon in the supreme
court of the United States, Joel w. West
of Omaha representing plaintiff in error, and
c. j. Smyth, attorney general, the state.
Mr. West, who early in the day was adj
mitted to the supreme court, consumed an
hour of time in presenting the question
which he raised In his brief that the SUI
preme court of Nebraska erred in holding
that denial of a jury trial upon issue of
fact rendered by a plea in abatement is
not reversible error; that the court erred
in holding that chapter xXxiv of the criminal
code authorizing prosecutions of felonies by
information filed by the public prosecutor
is proper and that the court made a grievous
mistake in affirming the decision of the
court of Douglas county wherein plain
tiff was convicted of embezzlement and
whereby plaintiff has been deprived Of his
liberty without due process of law.
Attorney General Smyth, in answering the
attorney for the plaintiff in error, reviewed
the story OF the making of NebTaska's con-
stitution and held in antagonism of the
contention that the state Of Nebraska did
not come into the union under the en-
abling act and asserted that it was not the
intention of congress that the state should
contend that congress was satisfied with
a bare declaration of it's intention He re-
viewed the whole history of Nebraskas
joining the sisterhood of states and laid
particular stress upon that clause of the
constitution which states that "All gov
ernments derive their just powers from the
consent Of the governed"
Court adjourned before Mr.. Smyth could
conclude. He will resume his argument in
the morning. Mr.. West will close for the
plaintiff.
Ncbraskans Draw Good Seats.
Nebraskans in the lower house were eX-
ceedingly fortunate in the selection of seats.
1t was the first time in it's history that its
representatives had anything like a fair
show in drawing for desks. Sutherland
and Neville were early in line and they de-
cided to camp together right under tho
eye of the republican speaker, choosing seats
in the first row on the democratic side, their
numbers being IL and 13. Stark and Rob-
inson, representing the Fourth and Third
districts respectively, thought they could
afford TO "get together" They chose seats
a little further back, being somewhat more
modest than their colleagues, contenting
themselves with seats five rows back from
the speaker Robinson choosing place Sec
ond on the aisle, Stark to his left
Burkett had his luck with him and he
drew one of the choicest seats in the hall,
the second row from the speakers desk,
among crowd of republican leaders, Dol
liver of Iowa being his next door neigh
Dor, Bingham of Pennsylvania being on the
aisle. On his front is BERTHE Adams, also
of Pennsylvania, while near by are Cannon
of Illinois, Payne of New York and Dalzell
of Pennsylvania. Mercer was the last OF
the Nebraska delegation to be called and
he chose seat far back to the left OF the
center aisle, Boutelle of Maine being his
next door neighbor.
The secretary of the treasury in his
recommendations for appropriations for the
fiscal year ending June 80, 1901, recon-
mends 81, 222, 900 to be set aside for the sup
port of the Sioux OF different tribes, in
Guiding the Santee Sioux of Nebraska; also
900 for fulfilling the treaties with the
Sioux of the Yankton tribe South Dakota.
For the support of the Indian school he
recommends Flandreau, S. D., 200;
Genoa, Neb. $4,000; Pierre, s. D., $2S, $780,
Rapid City, S. D., $1S,9OO. For improving
the Missouri river from it's mouth to Sioux
City, $1,OOO,OOO.
Congratulations for Thurston.
Senator Thurston was the recipient of
many congratulations today from his COL
leagues upon his being in the ranks of the
flowers and he seemed to enjoy his new POSI-
tion.
Judge L. Thomas of the Eleventh Iowa
LoI ,4,,A