Omaha daily bee., 1902-03-13
SAYS SEAT BELONGS 70 BRUCE
Committee Reports No Evidence Of Ballot
Tampering.
HAS A MAJORITY OF FIFTEEN VOTES
Railroad Bond Bill Discussed-TsIk of
Removing Penitentiary-New RAIL-
way Corporation with Cap
ital Of 100000.
HAS A MAJORITY OF FIFTEEN VOTES
(From a STAFF Correspondent

(From a stan Correspondent
DIES MONIES, March 12.-(Speciai. 1.-THE
committee on the Bruce Emmert contest
from the Cass-Shelby senatorial district
today filed a revised and complete report
on that case, including with the report a
transcript of the evidence taken and the
dissenting cpinon Of a minority Of the mem
bers Of the committee as to the law in the
case.
When the report was first filed the COM
mittee made no specific statement OF the
case or any explanation Of the reason for
finding that Bruce, the contestant, was en-
titled to his seat in place Of Emmert. The
minority opinion raised a question as to
the case and the report was sent back to
the committee for a revision.
This revision shows that there was no
disagreement as to the main facts in the
case and that Bruce received fifteen more
votes than Emmert. The contention is
wholly as to whether the ballots In Pleas
ant township, Cass county. ought to have
been recounted. The democrats claimed
| that there was such ~irregularity In the
| procedure before the election board as TO
render the ballots no evidence.
The committees report shows that at the
time the ballots were counted election night
4 ~ 20 PNASSaeg q nv wv 49,
Gratis, were in the room at the time to
watch the count and that afterward two
or three other persons were permitted in the
| room and some Of them were permitted 60
touch the ballots during the count. There
was no evidence to indicate that there had
been any tampering with the ballots and
only inferential evidence that the ballots
might have been tempered with at that
time. The committee further finds that
the law does not provide that where there
have been Irregularities by the election
board the vote must necessarily be not
considered OF counted.
On this report it is probable that the work
Of seating Bruce will take but a short time.
Senator Emmert is absent now in Ohio at
the bedside Of a sick sister and the case
will not come up until his return.
Railroad Bond Bill.
A bill by Senator Molsberry to practically
remove the limit Of Indebtedness OF rail-
road corporations in Iowa consumed a great
deal Of the time of the senate today. The
present law limits indebtedness to S16,-
900 a mile Of the railroad property OF
Iowa corporations or to two-thirds Of the
capital stock. To add to the bonded indebt-
edness Of the companies more stock must
be issued.
As a matter Of fact Iowa railroad cor
porations, evade the law and the property
is bonded in excess of the limit and the su-
preme court has sustained such lndebt-
edness as legal. asf.
The primary purpose Of the pending bill
is to permit the Burlington railroad to
Increase its Indebtedness for the borrowing
of money to acquire. other properties.
Ar amendment was offered by Senator
Healey to provide that none of the money
borrowed shall be used to purchase the
stock Of other corporations or to acquire
and retire stock from circulation. This
amendment was debated at length, being
favored by Healey and opposed by Mols-
berry and Hubbard, but pending discus
sion the senate adjourned and the bill re-
mains the special order for tomorrow.
Must Post Time Cards.
The senate passed a bill to require rail-
roads to post timecards at all depots. and
a bill to authorize an edition Of $500 Of the
Code Of Iowa. The supreme court reorgan-
~ization bill was made a special order for
next Tuesday.
The house passed a bill in regard to GER
tifying and collecting road taxes and a bill
to rectify an error in regard to sheriff's
fees for boarding prisoners. The bill to
permit highways to be established through
orchards, gardens, ETC., was defeated.
Junket to Iowa state College
The legislature went to Ames by special
train this afternoon to pay the visit Il
the Iowa State college. Governor Cum
minis accompanied the legislature. A gooC
program was given and the legislature
reported a pleasant trip.
The college is asking for an appro.
/ ~priation to rebuild the burned main build.
/ ing or for a special tax levy to provide
building fund for the same purpose. Thes,
!, bills will come up very soon.
Removal of Penitentiary.
|, A committee Of house members Is making
a thorough investigation Of a proposition
|, which has com before the appropriations
committee looking to the removal of the
+ penitentiary OF the state from Fort Madison
|, and abandonment of the institution at For
, Madison.
The penitentiary was located there In ter
~ritorial times and the buildings are now 81
out OF date and so dilapidated that II Is tn
opinion Of members OF the Board Of Con
troll that they ought to all be torn dow
/. within a few years. At the same time tn
, legislature is planning for a state reforma
1 tory and II lie recognized that the building
at Anamosa are not exactly suited to thi
. purpose. So 1t Is proposed to abandon tn
penitentiary at Fort Madison, making Ana
1 mosa the only state prison and build a re
formatory at some point in the central o
western part of the state.
The committee has secured from tn
Board of Control definite statistics on thi
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