Omaha Daily Bee Newspaper, February 7, 1890, Page 3

THE OMAHA DAILY |BEE: FRIDAY FEBRUARY 7, 1890 A SECTION FOREMAN KILLED, The Fatal Midnight Ride of Gust Holtzman Near Kearney. STRUCK BY A PASSENGER TRAIN, One of His Limbs Broken in Several ces and His Head and Face Horribly Disfigur:d —Other Nebraska News. Death Knds a Drunk ® Keansey, D Feb, 6.—[Special to Tur Bre. |- Passenger train No 2 on the Union Pa due here from the west at 11: night, struck a hand car three miles ea the city. Peter Carlson and Gust Holtzman, scction men from Buda, pulled out from the city u few minutes ahead of the passenger train with the hand car. They had been here (o lay in a supply of provisions, and bo fore icaving they become beastly intoxicated. The depot men did all they could to prevent the men leaving until after the passenger ar- rived. gineer Clark did not see the car ahead of Lim in time to stop his train, Carl. son, realizing the danger, jumped in time to save himsclf, leaving his companion to his fate. The engine struck the car, throwing it o mid air with Holtzman, who fell on his Lead. ilis left leg was broken in several vlaces and his head and and face were hor- ribly cut. The injured man was brought back to this city, where he died four hours later, Holtzmun, who was foreman of the Buda section, bad o wife and family who endent upon him for support. It n the habit of Holtzman and Carlson heretofore to come to Kearnoy for a spreo and then ride hume on u hand™ car. They have often been warned of the danger of being struck by train, but they paid no heed. A Murderous Town Marsha Forr Rouninsox, Neb,, Feb, 6,—|Special to Tu ~Last Saturday night two men of the Eighth infantry were down town (Craw- ford) on pass, havinga pleasant time, and when about ready t return to their quarters they wore approached by the town marshal and ordered to leave the town, which they, haviug done nothing to warrant this action. refused to do, when thoy were arrested by this ofticer, who, by the way, is said to have been drunk at the time. After some parley they were released from arrest by the offlcer and allowed to leave. After gaining tho strect they saw that they were being fol- lowed by the marshal and endeavored to ger oyt of his way. A color Ninth cavalry had joined the other two, and being sobor was piloting them in the direc- tion of home, when the marshal, coming up, told the cavalryman that if he did not want 10 get into trouble he had better soparato from the others, which he did, and in a short time afterwards he was met by the marshal, who attempted to hit him with a billy, which the soldier took away from him. He then drew his pistol, which ine soldier also took from him. ‘I'he pistol was finaliy given back and the soldier went his way. ‘I'he marshal followed the other two and coming close up tothem as they were going homeward fred twoshots at them, hitting one of them in the buttock, passing through and coming out of his groin, ruining him for life, should Le ro- cover, which is very doubtful. He then ar- rested them and (vas taking them to jail, when he was informed that one was wounded and be had better take him to the hotel and send for a doctor, which was done. ‘The other man was coufined, and on Monday was tried by a justice of the peace and sen- tenced to thirty days 1n jail, the first and Iast ten days on bread and water, The wounded man was taken to the post hospital, where he lies in a precarious condition. The marshal was 1nvestigated by the aforesaid Authorities pod placed under $1,000 vonds and placed back in his position. The com- rades of the wounded soldier are very much exorcised, and should death result it1s hard to say what would hanpun. - The better class of Crawfora itizens denounce this dy - use of ‘ibc- revolver, are comparatively powerless, National Gri Fuey Growers’ Associat’ o, v1, Neb., Feb. 6.—[Special to ‘I'nE ne Farmers’ ciub of Nickerson, this county, has for a long time had under advisement a plan for the organization of the farmers of the country in a grand grain trust, to be known as the National Grain Growers' association. This idea, which originated with J. C. Franklin of this city, one of Dodge county's wealthiest farmers, has just taken shape, and an effort is now being made to carry out the idea. Circulars and peti- tions for organization have just been printed and will bo scattered broadcast for the pur- pose of affucting the organization, or at loust to ascertain the feeling of the farmers of tho country on the subject. ‘This subject is just now tikely to create wide-spread iuterest. The plan of the association is to establish bead(uarters at F'remont, where the National Gram Growers’ Journal will be puablisned, and will be the oficial organ of the associ: tion. The following clause in the circular oxplains the purpose of the orgamzation: **T'tie chief object of the association is to get thoso who are interested in the raising d seélling of grain throughout the Unite States to become mewmbers, assist in form- ing clubs and elect deleg ates, who are to as- semble in national convention at headquar- vors and fix a standard price on grain, being neither too high nor too low,but the minimum price for which it can be grown at the same ‘wages and capital invested as in other enter- Prises. The standard prices thus estab- lished at headquarters aro to be permanent until changed by a two-thirds vote in any subsequent convention, and that freight rates alone will wake prices higher or lower for all otuer localities diverging from these headquarters.” . Kearney & Black® Hills Director. Keaw Neb., Fob. 6.—[Special Tele- gram to Tue Bee.|—The stockholders of the Kourney & Black Hills railway comvany mot last night agd elected the following di- rectors: k. C. Davidson, John H. Hamilton, W. C. Tillson, W. E. Daviason, J. L. Lom: bard, Webster Eaton and O, L. Davidson. ‘The dircctors chose the following ofticer: Prosident, E. C. Davidson; vice president, Johu H. tlaunlton, treasurer, W. C, Tillson; secretary, W. C. 'Davidson.” A" concession was ade to the proposed Kearney, Huteh- inson & Gulf company, sgreemng to take §50,000 in stock. 7This harmonizes the rail road situation here, and the prospect for rallroad building from this point during the coming seuson looks decidedly bright. Sucd by the. A Stoxey, Neb., Keb, to Tue Beg,|—J. J, of the estate of Fran the defunct State) who committed today brought s court against recover bonds given the baok as securil urmer claims thil him as security for ministrator. Speclal Telegram gsh, administrator ‘kan, cashier of f this place summer, county per to ties to , 000. feiven Reward for Nesuaska Crry, Telogram to Tue Bej were stolen & few y named Herman Po; ‘The watter was who offered a r aad thief. Arrested foi Neouasia Cir Telegram to Tin arrested today murderous assu) ker, & farme Peared, but Victim had v Plate. Prarrs; Tus Bee by tho the state are expected to be here on that night. The date wds not set. A County Commissioner Contest. Prxper, Neb, Feb, 6.—|Special to Tae 3£k, | ~An interesting time was had yester- day afternoon when the county commission- ors met At the court house. As has hereto- fore been mentioned, John Lemmon, repub- lican, and Ashley Londrash, democrat, each ciaims to be the legally elected commissioner from Winnebago precinet. Lemmon, how ever, has hela the seat without particular in terruption until yesterday, A demand was raudo ou him by Londrash at the jast meet- Ing in January to vacate the seat, Lut he re- fused, and yesterday soon after he had called the board to order the sheriff appoared on tho scene and informed Lemmon that he nad a_warrant for his arrest. Lemmon re plied that he didu’t care & snap for his war rant, whereupon the sheriff seized him by one arm snd anothor man by the other, and hustiod him out of the room, dragging nim into the county judge's office, where the at torneys for Londrash usked o continuance till next Thursday' and Lommon was dis- charged on his own recognizance. The clerk’s office was crowded o its utmost standing capacity at the time of the arrast, as the matter iaattracting universal atten- tion, public opinion being pretty well di- vided as to which of the two claimants is entitled to the sea Business Ohanges at Ogallala, OaALLALA, Neb., Feb. 6.—[Special to Tne Bee. |—H. L. McWilliams, president of the Keith county bunk and the controlling stock- holder, has disposed of his entire interest to John B. Bassett of Norfolk, Coun. Mr. Bassett was elected prestdent, but no other changes aro contemplated. He is repre- rented as a wealthy merchant of the above vlace, and assoon as he can dispose of his business in_tho east he intends to become one of Ogalalla’s solid business men. Mr. McWillisms will continue to reside hore. Mr. Elrod of Kearnay is tiere looking up the newspaper business. He talks of buying out one of tne three papers here and will en- doavor to run a first class weoekly. S, L, Wiley and R. B. Howell of the Ogal lala' Power and Irrigation company nava dis- dosed of thoir interest. Capitalists From Milwaukee, Wis. will succeed them, It is thought +4f the right parties take hold of the canal tho injunction that hias been served on the county commissioners from paying any mouey out, will b withdrawn, A Cass County Physician Dead. Prattsvourir, Neb., Fob. 0.—|Special Telogram to T Bre.|—Dr. George Black, one of the oldest physicians in Cass county, was found dead at his homs in this city this ovening at 6 o'clock. His death was caused by heart disease. Hehud been ailing for some timo past aud his sudden death will be keenly felt by a host of acquaintances throughout the state. Plattsmoutnh’s Onarity. Prartsyovti, Neb, Feb. 6.—[Special 0 Tug Bew, | —The charitab) ned citizons of this city havo in the last few days intorested themselves a great deal in behalf of the destitute of South Dalkota. They have already raised by subscriptions over a carload of provisions and clothing, A fow farmers in this vicinity today shipped a carioad of eorn to the sufferers. An Opera House Apprai HASTINGS, Neb., Feb. 6.—[Special Tele- gram to Tur Bee|—The opera house, owned by Seaator Taggart, now in litigation, was appraised today for $0,000. The sale takes place next month, at which time Sen- ator Taggart will buy it in. cment. Dorchoster Onrcies School Bonds. , Neb, Ieb. 6.—[Special to A special election was beld here ay for the purpose of voting upon $10,000 bonds for the erection of a new brick ol building. The bonds carried by a vote of 125 to 55. Madison Acquitted. Scoria, Neb,, Feb. 6.—|Special Telogram to Tur BEk.|—The jury in the case of the State vs Madison, after beiug out eigntesn hours, returned w verdict of not guilty at 4 o'clock p. m. A Swinaler Arrested. Nepkasga City, Neb., Feb 6.—[Special Telegram to Tne Bee. |--Louis Howard was arrested here this evening, being wanted for obtaining goods uuder false pretenses at Beatrice, AN ADDRESS TO 1HE PEO¢LE. The Colored Convention &peaks the Negroes' KHights WASHINGTON, Feb, 6.--The colored men’s convention here today elected ex-Senator Pinchback president of the national organi- zution and 1ssued an addvess to the people of the United States. Attention is called to the fact that popular elections in many states in the south are farcical formalitics, where the votes of colored men are suppressed by vio- lence or neutralizea by fraud, their rights denied sud themselyes, their wives, daugl ters, moters and sisters made the special objects ot unfriendly state legislation and compelled to travel in fiithy and inferior cars, *Colored American cilizens convicted of petty offenses vhrough unfrieadly courts are submitted while undergoing the sentence of said courts to cruel and inhuman treat- ment. In aadition colored citizens, woen suspeoted of having committed certain of- fenses, and while in custody of so-called ofticers of the law, are in many instances, and, as we believe, with the knowledge and connivance of said oficers, lynched and murdered. Our children in many of said states are not afforded the school facilities to which they are entitled. ‘The labor sys- tem of most southern statos is unjust and untair, and the colored Americans seldom if ever enjoy a reasonable portion of the fruits of their tabor. They are taxed without rep- rescntation and compelled 1o obey laws they have no voice 1n making " ‘The address continues: *‘Political parties are,the instruments tbrough which the will of the peovle is exeeuted. Our purpose is 0 80 impress apon the public miud the jus- tice and fairness of our claims that no polite ical party can safely afford to ignore them. ‘We urge upon colored American voters thut questions relating to governmental admin- istrative policy we shoula make secondary and subordinate. Without regard to the at- titude of parties upon such qaestions we feel it our duty to support only that party and only such candidates as. are’ known to be friendly to our cause until all political par- ties will accord to us the rights and privil- eges to which we are entitled under the con- stitution and the laws of the land.” ‘The address favors the Blair bill placing federsl elections under federal control, and emphatically denounces the bill for the de- portation of colored men. e WILHELM'S SUGGESTION, of English Comment on the Confurenc Loxpox, Feb. 6. ~The Standard's Berlin correspondent says the main purpose of the emperor's decree is. o render unnecessary any exceptional and social legislation after the expirution of the lmit within which the law has force. - The correspondent says the effect of the emperor's decrees ean only be com- red to that produced by the news of the Prussian victories in 1866 and in 1570 The emperor is spoken of as *The Beggars' Em- ror’ and i terms of _similar -u‘n«asun A 'he Austrian press praisos highly the noble initiative but 18 skeptical as to the suceess of such a conference. ‘be Times' Berlin correspondent belioves he semi-ofticial La roals are vorrect 1o their tement that the chancellor acquiesces in nmfldmr‘l socialistic policy aud observes Biswarck never cared 8 great deal for jcal consistency, Proposed - Leyden's Plea Denied. ao, F'eb, 6, —Covervor Fifer today o pardon Michael Leyden, one of o “boodle’” commissioners now in on. Leydon's prayer was vhat the u::uu- in g th“ Chicago @ supreme Gia "85 abpied” on his nce. - The governor declned to iew. ~ Noxt Monduy, however, ‘il the other *‘boodle’ con- nell, Wasseman and Vau- leased, their terms expiring den’s plea for pardon was to in s oitizenship, THE WESTERY ASSOCIATION. A Meoting of the Schedule Commit« tee to be Held Today. IMPORTANT BUSINESS ON HAND. - The Question of Application to Be- come a Party to the National Agreement to be Con- sidered. Omaha’s New Catchor. The schedulo meeting of the Western baso ball association will be held at the Millard hotel in this city tomorrow morning at 10 o'clock. Every club in the ussociation will sond one or more representatives, making the number present abdut fifteen or sixteen. The delegates from this city will bo J. McCormick, president, and Ed 0. Brandr, secretary of the Omaha club, Mr. McCor- mick, who 18 also president of the associa- tion, will preside at the meeting, which, judeing by tne past, will be of the very busy order, A committee consisting of representatives of the Denver, St. Paul and Sioux City clubs will draft a schedulo and subinit it to the as- sociation. Last year the meeting was in ses- sion three days belore a schedule could be agreed upon, and Secretary Brandt is strongly of the opinion that u similar strug- #le 1s on hand for this year's meeting. Ho also thinks 1t yery probable that thero will be a very lively wrangle over the question of where the clubs will open, those of the north wauting to open av home, while the southern clubs wili think 4t advisable to open in the south on account of the weathor, *“Thore are several other important mat- ters besides that of a schedule to come up at the meeting,” said Mr. Brandt last evening. *'T'he association will probably consider the question of applying to the lengue to become a party of the ‘first part to the national agreement, as the Western association con- siders itselfl stronger than the American, as it now stands, We have strong claims to such recognition, for the towns comprising the Western bave better financial backing than the American. The advantage would be a saving to the association of the $250 which each club is now compelled to pay yearly, footing up §,000 altogether. An- other matler that will come up is the adop- tion of a constitution. “‘We have today signed Catcher Thayer ot Toronto,” continued Secretary Brandt, *‘and he is considered Tommy Nagle's equal. This fills the catchers, and indeed the entire club is now complete with the exceptior of sec- ond base. Canavan will pluy there provid- ing we cannot get tho man we are after. If we fill the place Canavan will play s old position, that of left field.” Mr. Brandt says that the season will prob- ably open on April 19 WARD WAN RAITO RS, The League W, Brotherh ne to All od Deserters, NEW York, Feb, [Special Telegram to TuE ek |—The most important declaration on the part of the players' leaguo people since Judge ('Brien’s decision was made yesterday. It wasto the effect that the de- serters from the brotherhood who are now trying to get back to the players will proba- bly be refused admission. John M. Waril, when questioned on the subject, said: “1 am not®willing to let the men who de- serted us 1n our hour of peril come back and enjoy the fruits of victory now that we nave smooth sailing. This is merely as far as I go and does not reflect the sentiments of any one else. What will be done after the matter is brought up 1 am uot able to predict, but from first to last I shall oppose their re- instatement. We want no traitors. The league can have them." the More léjunctions Wanted. PuiAprLput, Pa., Feb. 6.—Sdlicitor Rogers, for the Philadelphia leaguo bail club, today filed In court threo bills in equity agaiust Fogarty, Sanders and Farrar, usking in each case to_restrain the defendant from playing ball with any other club or organiza- tion in 1390 other than the plantif’s club, Hanlon's Defi. Duvurw, Minn., Feb, 6.—|Special Tele- gram to Tne Bee.|—Edward Hanlon to- night announced: I will row any man in the world ou the waters of St. Louis bay, at Duluth for the world's championship.” This was brought out by the succsss of the Du- luth bout club in raising a purse of §10,000 for an_international professional regotta hero next August,to which $5,000 will be added for the aingle scull world's champion- ship race. The regetta will last an entiro woek. aud valuable trophies in addition to purses will be given. —-— AN INDIGNANT BISHOP. He Denounces the Canadian Con- servatives in Scathing Terms. KixasTon, Ont., b. 6.—[Special Tele- gram to Tie Beg.]—Archbishop Cleary, in addressing a meeting of his church people at Tweed, referred to the separate school ques- tion. He said that a diabolical spirit of hatred of religious education bad found its way into the province of Ontario. Satan had raised his standard there and had sent forth from the gates of hell his army of demons (equal rights association) to vropagate his wicked maxims throughout the cities and towns of the province, Yielding to this in- fluence, the conservative leader had formed his policy and bad announced that be would run a sword through the Catholic church and sever the sacred bond between the bishops, the chiel pastors of the flock of Christ, and the faithful people committed to their care, In conclusion, the archbishop denounced Meredith, the conservative leader, most vig- orously, and predicted that the -number of separato schools would continue to. increase as usual, notwithstanding the agitation, e L National Stove Maker: Cuicao, Feb. 6.—The National Stove Manufacturers’' associavion continued its annual session today. The report of Secre- tary Thomas was read and djscussed and resolutions of respect for the late John S, Perry, the oldest member of the association, were adopted. 3 ‘The association closed its doors tonight. All troubles over the expenses of tho secre- tary's office were settlea and the present secretary, D. M, Thomas, elected president. National Gunard Association. WasuiNgtoxy, Feb. 6. —The National Guard association convention has adopted a me- morial, which will be presented to congress, favoriog the Cutcheon seacoast defense bill, the Hawley bill providing for appointments in the arniy from the national guard, und tho Henderson mobilization bill with some asmendments. Congress is wsked for a na- tional guard appropriation of $1,000,000. Al Appointed H ivate Secrotary. New Yok, Feb. 6.—This afternoon Mayor Grant surprised everybody by appointing to the vacant chamberlainship his private sec- retary, T, Crane, a well known young law- ver and prominent in ?fllfllcal circles. It is not known whether this appointment is per- munent or not, but Pbelan's friends insist that if Croker defimtely wetires their ‘man gets the job and also takes & hand in Tam- many affairs. e e Bismarck and Phelps Shake.’ BeruN, Feb. 6.—The confirmation of the Samoan treaty by the United States affords eneral satisfaction here, Couat Herbert ismarck callea upon Minister Phelps at the American legation this morniog snd con- gratulations were exchanged. i — A Diamond Haul. CreveLann, O,, Fob, 6.—~Sneak thieves to- night stole $4,000 worth of diawonds snd other jewelry from the residence of J. B. Perkios. — - Fleming Inaugurared. Cnaxcestoy, W. Va, Feb. 0.—Governor Flewiog wus inaugurated today. This even- ing theré was @ brilliant reception ut the stato house. SOUTH DAKOTA MILL Prococdifjgs of the Semi-Ann ing at Mitchell. Mirenreia S, [0, Feb. 6.—[Special Tele- gram to Bkk$| —Last night the semi-annual meeting of the Stato Millers' association was held here. ;43esides President W. H. Stokes of Watertown and Socretary C. A, Lum of Aberdecn stetoen other millors were in ate tendance, 'The chief business was regarding bills now iidading in the legislature. It was unanimously decidea that should senate bill 48, providing for an act o control rates of toll or exclnge for grinding becomaa law, a test case ghnnld be made of 1ts constitu- tionality afthe expense of the association Endorsemelit was given & memorial to con gross prepared by the National Millors® as. sociation in favor of taking a tariff off jute bagging. Secretary Lum was instructed to correspond with Secretary Berry of the national association with réference to unit ing the state to the nutional association. Huron was selected as the place for the next meeting, which will be held the second "Iues- day in August, They CIAMBERLATY, S, Telegram to T'me Ber. |—The Chicago, Mil- waukee & St. Paul Railway company h leased the steamer Last Chance, which will be used as & transfer boat here whei the Sioux reservation is opened. RS. Huron Boot 'nd Shoe Failure. Hurow, Fob. 6.—{Special Telegram to Tne Ber.|—A. Linnander, & boot and shoe dealer, assigned today for the benetit creditors, Liabilities, $3.000; assets nearly as much, E. H. Aplin has charge of tho stock. C. H. Fargo of Chicago and Goetzian & Co. of St. Paul are among the creditors, Nouth Dakota Logislature. Prerre, S, D, Feb. 6.—[Special Telogram to Tur Ber.]—Consideration of the tomper- anco bill was resumed in each brauch of the legislaturo today, The senate finished on the bill, making only one important change before putting it on its final passage. The change consists in striking out section 26, which prohibits liquors being kept in private Awellings or other places for the oxclusive useof the occupants or owners, and pro- vides for the use of search warrants to enn- bl officers to go into auy premises whatsosver in search of liquors and to then first fine or im- prison the person discovered keeping them. This was considered the most radica teature of the billand a strong fight was made against it, the vote by which it was defeated being almost a tie. The senute sot the date on which the law should become operative on May 1, while the house set tho date for April1, which will necessitate a conference committee between the two bodies to agreo. Meanwhile no restriction can be put on tho sale of liquor in the state except such as tho general goverument pro- vides through a hceuse, The house also agreed to strike out section 26 in accord ance with the senate, as above stated, after a long debate and & close vote, in which the best oratory of the legislature was culled in play. The house resumes consideration to- morrow, when it is thought it will finish and take a vote. (“With scction 20 defeated, the bill, as it nown stands, is wuch milder in form, and the op!mqmon to the measure con~ sider that thay have won a signal victory, though the lai will be stricter than auy that now stands on the statute books of any other state. > Littlo other business was ac- complished todny, excitement over the pres- ent bill making it'almost impossibie to bring it up. Senatir, Petticrew Denies. Cuicaco, Feb, 6,.—[Special Telegram to Tue Bee.]—Sonator R. F. Pettigrew of South Dakota was in the city for a few hours this afternoon. He was very ready to deny tha destitution stories whicn nave been pub- lished about the destitution of his state, and was very ready to condemn the Chicago papers for priatiig them. ““T'he reporis from first to''last,” said he, ‘‘were malicious and without gny foundation in truth. They were written for the pur- pose of keeping money away from South Dakota, and accomplished that purpose, I don’t believe the Dakota farmers will be able to borrow money for anything hke reasonable rate during the coming year simply because it has been represented that the wheat lands are uon-productive and that the farmers are out of money and suffering from bunger. Both houses of the South Da. kota logislature passed a resolution the othor day ipstructing the delegates in, congress Lo vote to keep the world’s fair away from Chi- cago. Iintend to follow tEe recommenda- tion of the legislature, and .Ishall work against Chicago simply because the Chicago papers have lied about South Da- kota. Not, only that, but I will see that the other delegates in congress vote as 1 do and work as | do. Of course, if the South Dakota legislature re- scinds this action, why I will follow any rec- ommendution made, - Bofore the papers pub- lished articles declaring that there was destitution in the state most of the Dakota people favored Chicago for thef A resolution to that effect was passed by the legislature. Now the people are all against this city. You couldn’t find a Chicago mar in all South Dakota. 'They favor St. Loui or New York, or Washington or anything to beut Chicago.” Nebraska and lowa Pensions. Wasnixatox, Feb, 6,—[Special Telogram to Tne Bue.l—Denvions granted to Ne- braskans: Original invalid—Robert J. Scott, Beaver; Jonathan Williams, Springbani. Increase—Michasl Connaughton, Dorsey Joel H. Hancock, Carroll; Horace J, Sevor- auce, Sidney; T. Shae, Ewing: Willam R, Spain, Indianapolis; Alfred Smith, Rulo; Orin A, Avery, Edgar; James Mcioody. Tovias; Patrick H. Murvin, Westervill Miiton H. Wentworth, . Ansley; George M Cully, Bellwood; Robert Foster, Arapahoe; Lester Baker, Waueuta. Tows Wpensions: Original invalid—Avra- ham W. Smedes, Marshalitown; Henry J, Dewitt, Goshert: Thomas C. Kercey, Union. Increase—Zepheniah Burroughs, Hristow R, Stansberrv, Libertyville: Blijah W, A more, Des Moines: Elijah J. Steward, Garri- son; Lafuyotte R, Havely, Kellerton; Jay W.' Mitcnell, Lemars; Jobn Sides, Carson; George Wynkoop, Magnolia; Francis M. Nelson, Ottumwai Johu Summers, Kalo; Jerome Long, Bonaparte; John K. Ross, Minburni John W. Storks, Mediapolis; Osear D, Brgman, Evas; Ephriam Smith, Tipton; John M. Mitchell, Hubbard; Samuel L. Mohlor, Swan; Joseph L. Smith, Ray; John Shoarer, Gilbort Sta- tion; Hermun B3achroth, Des Moines: Henry W. Clark, Clear Lake; Robert F. M. M, Slack, Columbigutiction (navy); James H, Stone, Honton; Jambos Scriptureal, Wyoming John 'Daijoy, 'Ceiitarville; Jolnathan W, Conant, Glaabrook ;. £2dward H. Janes, Mt. Ster Lewis H. Owens, Birmingham, Reissue—Demoin; .4 , Wilson, _Bonaparte. Original widows, elc;—Minerva Lackey, for- mer widow of Edward D, Hechcock, Colum- bia. Y South Dalotai” Origiual invalid ~George F. North, Henry, "lnorease—John C. Me- vey, Silex; James $haunon, Woonsocket. E%j th Record. ‘eb, mond William Cortees, presideps nf the bunk of America, is dead, 1948 GLex's FALIA'N'Y,, Feb, 6.—The Man- sion hotel burmed s early this wmorning. Stephen Cole, a K'rench doctor, was badly burued and & npipgr of guests nad very narrow estapes from being burned to death* Cuicao, Feb. 6,—Prof. Oscar Hower for many years professor of modern lan- guages in the University of Chicago, died horo today. oy Al B Edmunds' Motions Tabled, WasniNGTON, Feb, 6,~-In the executive session of the senate today the motions made by Edmunds in reference to the Samoan treaty were tabled, whereupon Edwmunds stated that he desired that he be excused from further service on the foreign relations committes. p — Tit for Tar. Scraxtoy, Pa., Feb. 6.—Powderly today instibuted & suit for criminal libel against Edward Callaghav. A warrant for Calla- arrest will be issued tomorrow. The grows out of watter written by Calla- fy during the recent trouble with Pow- THE SENATORS FROMMONTANA They Are Two Republicans Named Sanders and Powers, ENTITLED TO THEIRSEATS, Decision of the Supreme Court of the State In the Silver Bow Contest ~ Comprehensive, Clear and Readable, The Montana Senatorship, Hreresa, Mout., Jan, 28, —|Special to Tie Brr|—The supreme court today rendered a decision 10 the case of William Thompson, a member of the contesting republican dele gation for Silver Bow county. The effect of thedecision will bo to give the two republi- cans who wero elected to tho senate of the Joited States o cicar and Indefeasible title to their seats. [ present a summary of the docision ; ‘The action was commenced on January 17 by Willlam Thompson, praying for & writ directed to the auditor of Montana, com- manding him to audit and scttle affant’s claim for mileage and per diem, as a member of the house. The afidavit asserts, among other things, that the relator was a candi date for revresentative from Silver Bow county; that the returns of the election were made to the secretary of Montana; that in due time the vite was canv: A by the gov- ief justice and secretary of the y and he was declared o have been elected n momber of the house. That on November 23 last he with twenty- nine others holding similar credentials, met at the capital in a place agreed on with the auditor, who cailed the house to order; that they took the oath presented by thecon- constitution, and proceeded to organize the house, and that said house continued to sit till January 16. Upon this showing, the supreme court issued a wandate requiring the auditor to audit the claim of the relator, or 1o show cause on Jauuary 20 why he had not done so. To this mandate the auditor replied, admitting in detaul all the aflirmative allegations, but alleging that of theten mem- bers to which Silver Bow county 18 entitled, a controversary had arisen in regard to five (of whom Thompson was one), and that un- less thege five are prima facie members to cast their vote, no quorum is present, and the organization is without legislative au- thority, He further states that twenty-four other persons bearing the authority of the wovernor, chief justice and secretary of the territory met on the 23d of November, and with the five from Silver Bow county’ who having been declared not olected by the cau- vassing board, assumed to be members of the house on the authority of a cortiticato signed by the clerk and recorder of Silver Bow county. The relator Thompson denied that any controversy had arisen as to the election, and passed on the credentials, a quorum was present and _acted. The case was argued on this showing January 20, and wus submitted to the court for decision. ‘The court sets out with the statement that the effect of the above pleadings raised ques- tions of law only. No issue of fuct was made and no evidence was introduced. Therefore the court proceeded to hear the argument of the case. After showing that the court has Jurisdiction in this case, it sets forth to de- termine whether the act prayed for by Mr, Thompson is one which the law enjoins upon the auditor of the state, and this involves two propositions: First, 18 the relator en- titled on the facts shown to huve his claim aliowed! and, generally, does the law en- join upon the auditor tne duty of settling the claim! ‘The court 18 mindful i passing upon a question of this chara ter, of the coustitutional provision which places the power to try the ultimate right to the office in the legislation house in which a seatis claimed. What constitutes in the view of courts of justice, suflicient prima facie evidence of membership 1n the house to entitie the relator to the relief which he usks? The courts have uniformly given credit to the result of an election as ascer- tained and declared by the legally consti- tuted canvassing board, until it is overborne by the determination of the ultimate right by the tribunal having jurisdiction to try and determine the same. This is not only the rule of action governing courts; it is the practice adopted in the organization of legis- lative bodies, admitting members thereto until the prima_facie evideuce contained in the certificate Bf election of the cauvassing board is sct aside by the proper authority in the determination of a contested election. It beeame necessary in the present caso to ascertain what board or person is by law autlorized to canvass the returns of the ele tion in question and determine the resul 1t the legislative body of which the relator claims to be a member does not determine a controverey as to the election of the relator. then in the nature of the case there exists no better evidence of his rignt than the finding of the certificato of the legally cousuituted canvassiog board. The title to an elective ofice rests in a majority of cases on the prima facic evidence. if a contest over the matter was pending in the house, this court wonld withhold judgment until the contest was determined. ‘The relator's certificate of election ema- nates from a canvassing board, composed of the governor, chief-justice and secrotury of the territory; the other cortificates omanate from the county clerk of Silver Bow county. The act of congress enabling Montaua and the other states to form a state cousti- tution and set up a state government, stipu- lates that ‘‘until the state oflicers are clected and qualified under the provisions of such constitution, and the states respecti admitted into the univm, the te officers shall continue w discharge the duties of their respective offices iv each of said ritories.” The same uct provides that state government snall remain in abayance until the state shall be admitted into the union, as provided by this act.”” The consti- tution of the state of Moniana provides that all lwws of the territory uot inconsistent with the constitution of the state or that of the United Siates sball remain in full force as laws of the state until recggled, and all oMcers shall remain in WSir oMeial posi tions and be considered state officers until their successors in office siiall be duly elected and quaiified. The ordinance which was an appendix to the constitution, provides for an election on the first ‘T'uesday of October, 1880, on the adoption of the constitution, and that on the samo duy there should be elected among other officers the members of the leg- islative assembly provided for in the cansti- tution: and their terms shall begin when the the state shall be admitted into the: umion. It is provided furth- er, that the votes for the above oficers shall be returned and canvassed as 1s provided by law by the same board as in tne state constitution, Itis clear that this act ot congress covered the whole question as to what board should canvass the votes cast At the lute election, both for and against the constitution, and for members of the legisla- tive asscmbly, and state aud district officers and declare tho result. It waw, “the secre- tary of the territory, with the governor and chief justice of the' territory, or uuy two of them.” ‘The ordinance appended to the coustitution provides, “that the vote for ail the state officers, members of the legislatuve assembly, and district judges shall be re turned and canvassed in the same man and by the same board as is the vote upon the constitution,” Itis contended by the respondent t a statute of vhe territory of Montaus, existing prior to the above act of cougress aud the constitution and ordivances of the state, bro vides that the canvass of the vote for mem- bers of the legislative assembly shall be made by the boards of county commissione of the respective les, aud that certisi- cates of election shall be issved by the clerk of the board of couuty commis- sioners. This position is untenable. ‘There are no statutes of the territory brought over and adopted by the people of the state, in_conflict with the constitution thereof. “All laws in force made by said territories ni the time of their admission into the union, shall be in force in said state, except as modified or changed by this act, o by the constitution of the states respect ively," and “all laws of the territory not inconsistent with this constitutior, or the constitution sud laws of the United States. shall be and remain in force until reported.” By this provisiou, the territory of Montana is remodeled to juin in barwony with the state coustitution, ‘The court gives an example of the remould. ing of the statute law L0 nurwonize with the cousitution, in tue new law for the con- struction of grand juries. Whereas the statute of \ho terntory provided that the body should consist of sixteen jurors, of whom tivelve could find a trio bill, the state constitution provides that it shall consist of six_persons, of whom five are competent 1o find an indictment. It is contended by the complamant, that the ordinances formed by the csnstitutional convention and appended to the constitution were not & part of that instrument, and did not have the force of con stitutional _provisions; and that for this reason the provision that the governor, chief justice und secretary of the torritory should constitute a canvassing board of the legislature, was impotent to make o change or modification of the atatute, which provided that the certificates of election of such members shall be issued county clerk, and that hence the statuto atands in full force, and the county clerk's certificato is the best evidence of o party’s right to a seat 1 the legislative as. scmbly. But no authorities have been brought to sustain this view. ‘The question. however, was raised in Texas, tho supremo court of which state afirmed it as free from doubt that “‘the ordinance appended to tho constitution 18 & part of the fundamental law of the land: 18 of equal authority and bind- ing upon the exceutive, logisiative and ju- dicial departments of tho government of the state, a8 if it had been incorporated in constitution forming a component partof it.” Mr. Paine, in his work on olections an nounces the same doctrine when ho says “To launch a new constitution certain ina- chinery and arrangements arcalways necos- sary, which haviag subserved this singlo purpose are of no further use. These might of course be provided 1n tho constitution itself, but to incorporate temporary -provis- ions 1nto the body of a permanent constitu tion, would bo to encumber the instrument With matters which might wore properiy be be excluded from the textof the constitution, and piaced in such a form ns to bo drovped when all the uses for which it was provided have been fully subservod. Accordinuly, their provisions for inaugurating new stats legislatures usuaily take the form of detached ordinances or schedules, ‘The validity und effect of these provisions. precisely the same whother they aro placed in the ordi- nance or schedule, or aro introauced in the text of the constitution.” To declaro thav the county clerk’s certificate 18 tho highest prima facie evidencoe of title to the office, as against the certilicate of the canvassing board constituted by the act of congross and the ordinance framed by the constitutional convention and adopted by the puovlo would be in effect to declare that the provisions of the statutes in this respect stand without modification by the act of congress and the constitution and ordinunces, and prevail over them. This theory destroys itself by its in horent fallacy. It follows that the relator's certificate of election emanates from the legally consti- tuted canvassing board, and will be admit- ted in the action as evidence of his clection to the office in queation. The relator is cn- titled to the relief prayed for. That reliof is a duty eujoined upon the state auditor. ‘The writ of mandamus is the proper remedy herein, wherefore it is ordered that a per- emptory writ of mandawmus be issued in the form provided by law. The opinion was prepared and read b sistant Justice Harwood, and was concurred in by Assistant Justice DaWitt. Chief Jus- tice Blake huving been @ member of the can- vassig board mentioned in the opinion, did not sit in the hearing and determination of action. The opinion_in full would nccupy five columns of Tie BEE. The above, how ever, i3 a completo and thorough summar: of the document, which both on account of the great importance of the case, and of its superior merits as a decision will take a place among the leading dacisions of the day and of this country As Anniversary of Be WasSHINGT ng the 113th anniversary of the signing of the treaty which resulted in France extending ald to the United States in the fight for dependence. Wilham O. Me- Dowell, national vice president of the society of the Sons of the American Revolution called upon the French minister and 1a the name of the society congratulated him upon the return of this auniversary. The min- ister said he valued highly the affectionate regard which the people of the United States had for Franco and thanked the society for its work in perpetunting the good fecling be- twveen the two countries. et Verdict on the Tracy Fire. WasuiNatos, Feb, 6,—~The coroner's in- quest in the Tracy firo 18 closed snd the jury’s verdict is tkav Josophine Morel came to fier death by the burning of the Tracy residence. The causo of the fire is unknown and the loss ot life at the fire was largely due to its exceptionally rapid spread. ia Hepin Wreck on the Panhandle. Corusnus, O, Feb, 6.—A Pannandle train collided this afternoon with another passen- ger 115 mileseast of Columbus. Bngineer Martin and Fireman Turner were injured though not seriously, Tha pa 3 Wore greatly excited but nono were injured. Saw Waltin in Kansnas Gity. Kaxsas C1ry, Mo, Feb. 6.—William Smith of this city claims to have seen F. A. Wal- ton,who robued the Pacific express company of 35,000, in this city on Monday, but does not know whora he'has gone, e e Handed Over 1o the Police. PaRis, Feb, 6.—An order has been issucd directing Secretan and others with the collapse of tho Soc to be handed ovor to the corre 10 be dealt with. nch Aid. Arguments Postooned. CHicaco, Feb. 6,—By azreement of coun- sel, the arkuments on the motions on behalf of the alleged Cronin jury bribers were nostponed until Monday next. — - The Popo'e Brother Dying. Rowme, Fob. 6.—Cardinal Peccl, & brother of the pope, is dymng. e The Ohio Ciub, A meeting of about thirty.mewbera of the Ohio club was held in the Young Men's Christian associution lecture hall last even- ing to arrange for the sccond sunual ban- quet. Judge Brown was i the chair, It was the opinion of all present hat fully us many should Dbo entertained as was the case last your, when the number exceeded 1,000, “The'club has treasury, and some of the oo X pressed Lhe opinion that the expenses for the forthcoming event should be met out of tho funds on hand, while othors thought a and | deoide the result of the clection of members | territorial | the | EDWIN FORREST, Joseph Jeffarson Pays a Tribute tk the Great Tragedian, Terson’s i ng in the Century wi quote the following: “‘Hdwin Forrest with all his faults, had warm and go orous impuses. [ know of one instar whore a poor, old actress went to in distr In former years he known her father and had respe { him. Touched by her appeal for aw sistance he lent her a large sum o | money., with the almost certd edge that he would never get it hack again. It was never made public: ne | one knew ofit but the receiver and my: | self. The Forrest home has done much ood and is likely to do more; and those | wetors who eithor by age or infirmitios have beon dobarred the privilege of fol: lowing their profession will naturally | be gratefnl for this rich legacy. “Iiven in the days of his theatricar | fame and prosperity Forrest was an | nustere man, and as ho grow older hae | beeame morbidly misanthropieal, WoldS ing himsolf aloof from all but his nos intimate friends. The latter part of hi: Iifo was embittered, too, by illness and the loss of public favor. Until the clos ing yoars of his carecr he had been blessed with perfect health; this ho- came suddenly shattered and the unex. pected avtack wrecked his dramatic power. He might have borne ho stroke of illness, but to one whose imporious nature couid nov brook the faintest slight the loss of public admiration was n heavy blow; one, too, that would have shocked a wiser and more even-tempered mut than Edwin Forvest. Still he toiled on und was unjustly censured for acting pust his powe: But what was he tems do? Ths physician told him that he must act if ho would live: the whee must be kept in motion or it would fall His performances in the larger cities were given to empty houses, while bright and youthful nspirants were drawing from him all hisold adher ents. His former friends forsook him. and naturally, to; they could not begt the pain of witnessing their favorite of other d dechining night by night, No actor can hope to hold an interestin his audience merely by what he has done 1n years gone by; in acting it is the prosent that the public have to deal with, not the pust. To witnessage and decrepitude struggling to conceal their weakness in the wmimic scene is too painful. The g®ater our affection for the av the less can we bear to sve him suf and go down. “In thie vain hope of struggling on, the old tragedian sought ‘the proviue Here the people flocked in crowds (o soe the great actor that they had heard of from their childhood; not with the faintest hope that they would find tha grandeur of the past, but from the rious desire to see a ruinea tower just belore it falls. T'rom Josoph graphy, now runn had, ted know GOLD ALL GONE, An Abandoned Gold Field Which § Now a Peaceful Vitlage, The abandoned gold field near worth, Australia, spreads its buare ile surface like an on Jeech ster sis in the center-of wion of densely-wooded ranges, yme 300 miles up-country from the 1, und 5.800 feet above the level of -« P sval forest lies allaround. Standing on a near eclcvation, trees, nd nothing but trees, scem’ to streteh away in countless loag on cither hand to the distant horizon. Yet vough this wilderness the gold-escort in the old duays hud to make its way ta thg seubox , A cluster of forest giunts in the near foreground stands like sentinols along the ridge beyond which a steen decl ity runs_down to the sinuous stremm which alittle farther on has a fall of 450 feet. Today the wasted stream special ussesament the thing. It was finully decided to pleaso everybody by paying part of tho cxpenses from the club's purse and tho rest by subscription. ‘The dato of holding tha banquet and tho plice were not decided upon, but & commiltee was appoiuted to take charge of both. i ddy A WHIPPcD DUCK. How Ohinese Duck-Herdors Take Care of ir Flocks. Duck and goose farming are great in- dustries in South Chinu, [saw duck- boats at Canton upon which lived as many as 2,000 birds, These birds were of ull ages and sizes, from half to full- grown, and I consider them one of the most wonderful things In the land of the Celestinis. The owners of the boats were hig- hatted Chinamen in blue gowns and wide pantaloons, which flupped against their bare legs as they moved about watching their flocks. These duck-herders - row or seuil the boats along the low banks of the rivers and creeks, and stop from time 1o time w let the ducks crawl out upon the marshy lands, where they are ex- pected to get their living by digging in the mud with their bills for worms and snails, It is “‘root duck or die,” and the duclk roots to such an extent that he fattens very fast. Theso feeders have such a control that the ducks will come back on the boat the moment they are cailed. They come with a rush, t0o, and 1 no- ticed that the bird last on board always got a sharp slap from the bamboo rod of the herder, writes Frank Carpenter in the Agriculturist, When the ducks are fat they are sold to the salting estaolish- mentsor are peddicd out to the market- men, meanders at the foot of the irregular wooded hills beyond as peacefully us of old, before its ancient wity was rudely dis turbed by the sudden irruption of strange men who bore no resewmblunce to the wandering native tribes who had reared their mia-mins and lighted their forest fires beside itsisun-dried banlks for countles: On the sheltered side of one of these slopes beueath the trees are a few grave mounds. indicat- ing where some of the fallen sleep. Appropriately enough, the stream is of a brownis color and quite ¥ opuque, stealin selessly along until, with a sudden, panther-like spri makes its great leap, a tawny ma still thic hing of the d seadles, It is soon lost in the winding recesses, und then boyoud wo se0 more , and again trees, over receding ured gradation, until blent i ep blue haze of the Aus- in m the de bush. Concealed for the moment by the ris- ing ground, on our right stunds tho prety hill-town of Beechworth, which grew, like many others, out of the debris of this undisciplined invasion. English trees are planted in tho streets and the bright yeliow clusters of tho drooping luburnim contrast with tho native wattle’s golden blossom. Children with blue e and flaxen hair, weuring white suu hats, troop along to the state school, and the merry shout of boys at cricket stenls across from the well-kept greon. When the duy is done some of these ancient gold fi Mages overlooking the lds, awellers sit and smoke their cvening pipe, and wateh the sun set across the distant runges, while somoe old Kaspar, who came out in “the fiftics,” when his worls is done, orates to the children and tells for the hundredth time his taies of the gold fields and the old world times, to which era this longs. metalliferous tlefield be- —~— Gwners of the United States. The United States of America arg practically owned by less than two hun- dred and fifty thousand persons consti- tuting less thun onc in sixty of its adult male population. Within thirty years the present methods of taxation being continued, the United States of America will be substantially owned by less than fifty thousnnd persons, constituting less than one in five hundred of the male adult population. POWDER Absolugely Pure. This powder never varics. A marvel of purity streugtt and wholesomenuas. More sconomicm e that ordinary Kiuds, and o it old, Compotition with the “uiltiiude of o oet I ., RovAL Coy Sy gy BovaL Bakixa Powosn ~ - beneath the rustic porch o) _ e