Omaha Daily Bee Newspaper, May 17, 1891, Page 12

12 THE NEW ORLEANS QUESTION, Consideration of the Constitutional Limita- MUST THE FEDERAL CCURTS INTERFERE? | Onght it to Be by Information, De- mand of Governor Nichols or of the Louisiana Legls- luture. B The following essay was read before The Club, fn the Linnmger art gallery of this city on lust Monuay night by Mr. Charles S. Eigutter On Satu startled by In; March 14, the country was inteliigence that an armed mob numbering several thousand American citizens, of the city of New Orieans, had broken into the parish prison and there taken summary vengence upon eloven persons of Italian ‘extraction confined within its walls aud under the immediate protection of the municipal authorities. The justification for this spontancous uprising and unlawful pro- ceduro was the alloged miscarriageof justice, A jury, after a long and searching trial bad brought i a verdict, acquitting these men inaicted for participating in the murder of Chief of olice Hennesey of thateity on Oc tober 15, 130, Nine of tue men killed by the New Orleans mob were American citizens by birth or adoption. Two of them were aliens, th subjocts of Italy. It is concerning the lat that international complications between the governnents of tha United States aud [taly bave arisen. The demands of the king of Ttaly as formulated by Marquis di Rudini aro: First. “For the right to demand and obtain punishment of the New Ovleans mur. derers;" second, for the rightto demand in- demnity and reparation to the families for | the fatai mjuries inflicted on subjects of Ttaly in violation of the existing treaty be- tween the high contracting parties aud the comity of nations. To theso requisitions, the Unitea States, through tho secretary of state, has replied in eficet: First. Denying the right of Italy to demand arbitrary pinishent of the murder- ers except through the regulur nels of law; second, denying that alien its of this country are entitled to greater protection than is accorded to citizens; third, “that where an injury inflicted on a foreign resi- dent is ot the wet of the government or its ofticers, but of an individual or mob, no claim for indemuity can justly be made unless it bo made to appear that the public authorities charged with the peace of the comminity bave connived at the unlawful act or bave been guilty of such gross negligence as to amount to connivance. The machinery of the loc w Orleans wits put in government at otion to examine into the massacre, while tho de- partment of Justico of tho federal eourt instituted a private inquiry through the United States district attorney. After a delay of nearly two months tho grand jury of the parish of New Orleans, called by the judge of the criminal district court to investigato the tragedy of March 14, has made its return. Tho report fails to find a true bill against any person in- volved in the crim Ve hive referred 03 partielpatin estimated by good ) thousand, und rezirded rising of the people. The affair makes (va dificult upon any number of the participants. In fact, thi o to Involve the_entire people of the parish, 1nd the city of New Orleans, so profuse in their sywpathy, extendol their connection with the aitair. 'in view of these siderations, tie thorough examination of the subject has tailed to disclose the nec ry facts to justify this grand jury in pre senting [ndictients, So much may be said to be tho facts in the case up to the present tine. But, before en- tering into furttier discussion, it may be well at the very outset to eliminate all matters ir- relovant to the inquiry. It is immaterial to the questiofi whether or not the two subjects of Italy murdered in the parish jail of New Orleans were memoers of the Mafia; whether or not they were escaped italinn conviets; whether or not the courts, the juries and the administration of justice in New Orleans were corrupt: whether or not the people of that city, enraged by the resuit of the trial, apoealod to the fury of a street mob for ven: geance. These ave, in teath, palliating in- cidents, but nevertheless collateral to the is- sue. It is pertinent to the inquiry, however, that Italian subjects have the right to reside and claim protection in Louisiana under the treaty of commerce aud navigation concluded between the United States and Ttaly in 1871, It is pertinent, also, to the inquiry that, fn the eye of the law, the two Italian subjects murdered by mob violence were given a fair and impartial trial before the rog- ularly constituted tribunals and before a jury of thelr peers in conformity with strict law and usage. [t is pertinent ‘also to the inguiry that, after a long and searching _prosecution, conducted by the great city of New Orleans, where the talents and energics, the wealth and prestigo at the command of a rich ana powerful municipality were concentrated in but concludes as follow: to the lurze number of In this demonstration, s at from six o elght SPONLANCOUS 1p- anitude of this ask o fix guilt ap effort to convict and punish these two allens of a dastarily murdor, thoy were acquitted of the crime in an atmosphere projudicial to their cause. It is pertment to the inquiry that, in violation of law, sanctity for courts and’ fuviolablo custom, u mob of eiti- zous donoi d reputable and law-abiding broke into the prison where these men, after their nequittal were contined and, with iu- human atrocity, dispatched the defenceless wretehes. 1t is pertinent to the inquiry that the local authorities, charged with the peace of the community und the protection of the prisoners, had timely notice of the danger and were guilty of such gross negligence in taking necessary precautions as w amount to connivance, With such reservations, we may now pro- ceed to state: Iirst, tho nature of the in- quiry; second, to examine into the relative rights of the partics arising out of the int national agreements of the federal govern- ment with forcign natious, and of the domes- tic relations of the government with the soy- eroign state: Has the ltalian government just grounds to demaud of the United States reparation for the wrongs done at New Orleans by insisting on the punishment of the murderers and an indemnity for the killing of two of her sub- jectst Can this right be demanded by Italy under the oxisting treaty! These are the questions boefore us, Now, what are the treaty powers of the United States! The treaty-making power of this country is defined iu the constitution, It is vested in the executive who, with the con- seut of the sonate, provided two-thirds of tho senators present concur, may mako treaties. When so ratified treties - become the supreme law of the land, mean. ing thereby the law supreme over that made by the states. As a consequenco of such treaties new reiations are formed obligations contracted with friendly powe It s furthormore expressly provided i the constitution that uo state Shail enter into any treaty, alliance or feaeration, or enter into any agreement or compact with another state or with a_foreign power. Tho treaty: making power is, therefore, ubsolutely vested in the federal authority, and treaties so made are supreme law of the land biuding on the sovereign states. The treaty mutually agreed upon between the kingdom of Italy ana the United States, signed and scaled under the most solemn coy enants, provides, among other things under the most favored uation clause, that “the citizens of each of the bigh contructing par- ties snall receive in the states and territories of the other the most constant protection and security for their persous and property, and shall enjoy in this respect tho same rights and privileges as are or snall be granted to tho natives on their submitting themselyes to the conditions imposed on the nutives.” Let us cxamine this bindiug contract in detail. What does the treaty guaranteo to the subjects of Italy residing i the United States!” *“The wost coustant protection and securlty for their persons and property and the enjoyment, in this respect, the same rights aud privileges as are grauted to the uatives," Who guarantees the protection and seour- g for their porsons and property, the tndi. vidual stutes nd No. The state of ‘Louisiana! No. ~The parish and city of New Orleaus No. Who theni The United States of Amorica, the federal goverument, tha presi- dent and the senate of the American people. Butia gusrantee to afford protection and se- ourity in the statos uud territories to the subjects of countries with which the United States has entered into treaty obligutions would be an empty formula, s meariugless stipulation, If tho federal government had BOL the power Lo enforce iis obligatious wade i in pursuance of treatios, Has the govern- ment beon invested with such powers! Is the power of the judiciary co-extensive with THE [ those of the legislative department! The con- | s forth the fextent of the The federal judiciary *‘ex- tonds to nll cnses in Inw ard equity arising under the coustitution, th and treaties of the unfon; to all cases affecting aAmbassa- dors, public ministers and consuls; 10 cou- troversics to which the United States shall be A party: to controversies between a state when p ntiff and citizens of another statoe, or foreign citizens or subjects; between u state or citizens thereof and foreign states, stitution clearly s judicial power and between citizens and foreigners.” It follows that th nat judicial department of nal government has both original late jurisdiction on questions aris- ing asito the pretation of the constitution of a judicial nature, It bas especiul care of questious arising us to the interprotation of treaties, and to controversies rring the protection and security of the persons and of subjects of forcign nations under ios, tters havo wisely been confided titution to the féderal courts, auo tho an These n by the o to th - intimato relations which such cases have with the peace of the union, tha con- fusion that different proceedings in the separate states would tend to produce and the responsibilities which the Ubitgd States are under to foretgn nations for the conduct of the states and the people. We havo o right to deduce from the foregoing that the relation of the federal government with sub- jeets ot foreign nations resjding in this coun- try is in a measure peculiar. Such aliens arc the wards, if tho torm may be applicd. of the nation. They are under the wgis of tne federalt wovernment. While thoy are amenable to the laws of the state in which they tako up their abode, they are neverthoiess protectad und secured i their person and proverty by virtue of t obligations by the federal government which is in duty bound to imterpose its sov- ervign power when their persons or their in terests are imperilied. This being true, two conclusions follow. The first is that foreign subjects are entitlad, like citizons of a state, to the same protection of the laws of that state. The second is that foreign subjects, inlike citizens of a state, have a superior protection in the federal judiciary when jus- tice is denied them in the states, But the duty of the federal toward atiens does not end here, government If the pro- tection of the federal courts bo {nsufticient to | guarantee them stipulated rights and liberties, tho power of the federal anthority s not exhausted. When either by the subversion or coercion of justico the federal judiciaryin the exercise of its vested and implied prerogatives is im- paired by oue or more of the sovereixn states, tho executive powers of the national govern- ment must be exercised to maintain law and order and quell misrulo and anarchy—in other words, to institute war measures. Wo may now proceed to the next stage of our inquiry by examining the validity of the demanas of Italy and the replies of Secretary Blaine, Immediately after the tragedy of March 14 telegrams wore dispatened to the Italian minister at Washington by Marquis di Ru- din to the following effect: “Our requests to the federal government are very simple Some Italian subjects, acquitted by Ameri- igistrates, have been murdered in vrison while under the immediate protection of the authorities. Our right, theretore, to domand and obtain the punishment of the murderers and an indemuity for the victims is unquestionable,” Secretary Blaine's replies to these demands were in substance, that the punishment of the murderers must, be left to the local tribn- nals in the first instance. 1f the local tribu- nals do not act as they ought to act and ng the local laws requice thew to act, “it will then be the duty of the United States to de- termine whether some othor form of redress@ may be asked. ‘That our treaty with Ttuly affords no greater protection to the citizens of that na- tion domiciled here than is given to the citi- zons of the United States, and that “where the injury inflicted’ upon a for- eign resident 15 mot tho act of the government or its officers, but of an mdivid- ual or mob, it is believed that no cluim for in- demnity can justly be made, unl it shall be ade to appear that the public authorities chapged with tho peace of the community have counived at the unlawful act or, having timely notice of the threatening danger, have been guilty of such gross negligence in tak- ing necessary precaution as to umount to connivance,” It was unfortunate for the Italian govern- meut that. in the heat of excitement it per- mitted a doubtful construction to be placed upon its first draft, an advantage which Sec- rotary Blaino was not slow in profiting by, If Italy’s requisition be construcd into a de. mand for the immediate “punishment of the ," the calm and respectiul answer of the secretary of stato was to the point, that the punishment of criminals can be se- cured by no other means than by trial before legal tribunals. It 1s plain, now- ever, by the subsequent communications of Italy that the words ‘punishment of the guilty” signified a request “‘that the prosecu- tion through the regular channels be begun, in order that the individuals recognized as guilty shouid not escape punishmeat.” This aspect of the demand Secretary Blaine has recognized, Whero the local tribunals show an caruestnoss in the prosecution of the murderers, there is, in his opivion, no ground for federal interference. It is when the local authorities “ao not act as they ought to act and as the local law requires them to act” that the United States is justi- fied in stepping in to protect the jured and punish the wrongaoers, But this is only half the truth. It is a serious defect that the federal government fails to agsume the responsibility to set on foot, in”its own courts, prosecution for injuries to foreiymers. Such are its con- stitutional rights to indict malefactors ab initio before ‘a federal grand jury through a federal district attoruey, to wry, convietand punish them under federal authority. The supreme court has intimated. that proceed- ings of this character were proper. Yet it may be necessary for congress to legisiate 1y upon this point tefore tho federal ju- diciary will assume the respousibility of a cluss of cases of which there is no immediate precedent v Numerous decisions of seerctariss of stato us well as the foderal judiciary--ono of which, the Spanish attuclk in New Orleans, Mr. Blaino quotes—have given him ground for resisting the demand of Italy tor indem uity. The injuries complained of, says Mr. Blaine, wore not the act of the government or its officers, but of an individual or a mob, nd the treaty of the United States does not require this’ governmeut to give gre protection to the subjects of domiciled here than s given to & native citizen. Where the reparation of of injuries or the satisfaction by indemuity of wrongs inflicted by individuals upon indi- viduals in violation of the law of the land be sought, they must be pursued in the proper tribunals open for all men for the reparation of such laws. “Tnis statement, if unmo fied must be ac- cented with considerable allowance. We have clearly indicated that forcign subjocts, unlike citizens of a state, huve aside from the local protection a superior claim on the national government arising out of treaty ol ligations. This claim, despite the broad as- sertion made by Mr. Blaine and others has been tacitly admitted and concurred in by numerous precedents. Mr. Blaine does not shrink from this responsibi fles his statenient und subsequently replies to the Marquis di Rudini, “tho United States hus distinctly recoguized the prineiplo of in. demnity 10 those Italiau subjects who may have been wronged by a violation of the rights secured by the wreaiy of February 2, 1871, Curiously enough, however, this’ avowal of indemuity is conceded ot s a right which forcign overnments may demand, but as a favor ox gratia on the part of the United States. 1y & process of diplomatic gymnas- fics the government has, on more than one occasion, distinctly denied all legal liability for indemnity under international law or trouty o make good losses 3o caused, But for all that, compensation for the loss of property destroyed or inju to persons has ally given by congress, in a benevolent spirit, if you will, in cuses arising under trgaty obligations. This auomalous priueipal was followed in the case that gave rise to the Chinese demand in 1886 for the Rock Springs, Wyo.. mussacre, ana 1t is more thau probable” that congress, iu this in. stance as woll, will make amplo reparation to Italy on the recommendation of the president. S0 much, in substance, comprises the oM ciul correspondence made public to date be- tween the two governments relative to the New Oricaus tragedy. Italy rests hor case upon tho demands already * formulated and instructs her representative at Washington 10 attend to nothing but the current business of tus ofice. There is an intimation that Mr, ity for he modi Blawe has not acted in good faith and that the United States governmeut is indif- feront to its treaty obligations. “It is time 1 break off this bootless cuntroversy,” suys the Marquis di Rudini, which evideutly means that Italy will make no further de. mands and leaves the matter for solution to the federal authorities and to publiic opinion for flual judgment of its merits. Italy fee that sho has boen trified with and that th government, either through weakness of its constitutional powers or lack of justice on the part of its authorities. is grossly at faul 1n this diplomatic duello between the Mas quis di Rudini and Secretary Blaine it must ho conceded that the advautage has altogether been on the side of the American. Se retary Blaive's replies to the marquis have been couched in such terms as to virtually admit the claims of Italy, as we have shown without snerificing the dignity of the country or offending the people of Louisiana, ‘There yet vemains to apply the principles Involved” in this iuternational controversy and to follow them to their legitimate cor- clusions. Frus to its policy of non-inter- ference with local tribunais (a imstaken one) tbe federal authorities have reframed from any acts which a sovereign state like Louis- iana, jealous of its liverties, might construe as an usurpation of power or a coercion of its vested rights, The curt reply of Governor Nichols to the polite note of Secrotary Blaino calling his attention to the necessity of a prompt Inquiry as to the responsibility of the massacre, eviuces the seusitiveness of that people still smarting with disgrace. It is frue tho federal district attoruey has been fustructed to investigate and report tho case to Washiogton. But he has raised no nand in directing or influencing the local authori- ties. Left to the people of New Orleans, the investigation ot the tragedy has been un- satisfactory, and the report of the grand jury of the parish of New Orleans has failed to fix the responsivility of the crime. No persou or persons were indicted, although the facts aud cireumstantes were so notorious as to have made the finding of a true bill against tho ringleaders of the mob a simple question. In legal phraseology, the verdict was an ar gumentative plea, a confession and avoidance of the issue which failed to exonerate tho guilty from standing trial and answeriug for the crime of murder. Tho adage that two wrongs do not make a right s well illustrated by the return of the New Orleans grand jury. It demonstrates that a community may become so blunted iu feeling, so perverse to justice, so wanton in immorality, so derelict to sworn duty and the forms of law as to justify anarchy and defend cowardly butcuery, Such defiance of law and such disrezard of sacred obligations cannot be passed over in silence by the federal authorities. The time has come when the courts of Louisiaiza “do not act as they ought to act and as the local law requires them to act,” and whore it appears “that the public su- thorities, charged with the peace of the com- munity. have connived at the unlawful act,” the federal powers cannot delay much longer in_exercising their prerogative to fix the guilt and make reparation to the Italian gov- erument in conformity with treaty obliga- tions, In what way shall the federal courts as- sume jurisdiction of the case! Wil it be by information filea by the foderal district at- torney! Will it be ondemand of Governor Nichols? Ov will it be on demand of the legislature! We are of the opinion that Louisiana, in her desperate straits will re- sent, as an usurpation of power, uny Interfer- ence of the United States. Whatever action the federal courts may take must be under color of the constitution, and every effort will bo resisted by the people of Louisiana as un- warranted and unlawful. But, granted that the treaty-making power of the government gives it undisputed jurisdiction in this in- stance, another dificulty stares the judiciary in the face. The federal courts will be obliged to employ preeisely the same methods as the state. Indictments must first be found by the grand jury. to be tried by the petty ju As all criminal offenses triable in federal “courts are under the constitution detemined only *‘by an im- partial jury of the state and district wherein the crime shall have been commiited,’ toese fedéral juries will be drawn from the same neighborhood and material as the state ernnd Jjul Will such a jury bring in a bill? Will such'a jury convict? "And after that, what can the federal authorities do—proclaim martial law? This is not a pleasing prospect to contem- plate. It involves either a surrender of the power and dignity of the uational govern- ment at home and abroad or an adoption of such vigorous measures as the emergency of the caso demands, and _congress may direct even to the extent of proclaiming martial law. Will it be necessary to proceed to - this last resorf? fn what other light can a wilful and persistent infraction of the laws of the nation and a defiance of treaty obligations be viewed than of open violation and rebellion ¢ The government, in its infancy, treated as sedition an infraction of its ‘internal and revenue laws by a great state. Will it be less lenient to Louisiaua? It is not our purpose to speculate on what may take place. Our province has been merely to indicate the legitimate conclusions of constitutional rights and limitations. Of little matter1t is whether the two Italian wretches who forfeited their miserable live areavenged or not. But principles of wid reaching 1mportance are in the balanece, priuciples involving the dignity and supre: macy of the government, tie fair play of the American people, the humanity of the cen- tury, that the machinery of the law be ex. hausted, that the strong arm of the uational government be broken before justice bows ber head in disgrace over the New Orleans question. ‘The case will have - Complaint of a Bonnet, I once was a Sunday bonuet, And shaded a lovely fuce, But now for some reison or other Ifind 'm in disgrace. My fair yoang mistress treats me With unrelenting scorn; Excepting i bad weather She never puts me on. She took away my bandbox To sheltor her new hat; : says Lam not stylish, What cau she meai by that? St She says my rim's too flaring, And that my crown’s too stall, And yet, upon my honor, 1 baven't changed at ail, L am the very bonnet That she admired so, And purchased with such pleasuro Biit one short year ago, So why I've ceased to Is more than I can te For of one thing I am certain, ‘I'nat I became her well. fil'en:-o her And as for grace and heauty, Why, anyono can sce Tho hat that she is wearing Does not compare to me, How the Design Was Selected. The flag of the union, o dear to the civil war veterans who wont through four years of bloody strife for its preservation, was se- lected 1 the revolutionary days when the n tion's existence was a grave question. The duty of choosing a design for the flag was committed by congress to Messrs, Eranklin, Harrison and Lyuch, who founa the tas| one of considerablo difficulty. A large num- ber of designs were teudered for considera- tion. One proposed that Lyria, the harp in Apolle, o introduced blem 'of harmony; another suggested o rattesnake With thicteen rattles; another, a mailed hand grasping thirteen ar ws; while still others ted animals, crosses, suns, moous, and several other de: vices. The conclusion reached by the com- mittee was than avy kind of animal was iu- appropriate, that cresses were 100 suggestive of Roman Catholicism, and suns and woons the constellation ot the as bands an o SugQ of Mobammedanism. The flag of thirteen stripes und thirteen stars was first displayed at Cambridg M 8., on danuar 2 17 Legislative action on the adoption of & no doubt taken before this fag date, but there is o record of the adoption of a design until June i, 17 LR e L DoWitt's Little Barly Risers; bost little i, sour stomach bad breath, - pills for dyspops Dangerous and De Denver Sun The Charleston (S. C.) World seems a good deal disturbed by the exclamatory interroga- tory recently made by a paper of that state: “What does @ wan care for the democratic party ' ‘Ihis would indicato that the com mou feeling in the south was that overything in political sentiment except democracy was, somehow, dangerous and deadly Dr. Birnoy cures cataren. —_— - AN EFITAVIL S poch, He nevor won immortal fame Nor couguered earthiy 1lls, men weep for him, all @ aiy. Bee bld He ulvnys puid bus bills, OMAHA DAILY BE . s SUNDAY, SAND BA¥ MAY | | ! How it is Gradually Being Reclaimed from Biio and Crime, THE BOTTOM%,OF THE PAST AND PRESENT x he People .’ Crimes Thdy Inhabit em, the Conceal and the dustries Which They Are Attracting. “The bottoms" of Omaha is that strip of land lying along the river and extending from the waterwork on the north to the old Boyd packing house on the south. In early days this strip was known as “The Sauds.” It was then the abiding place of thieves and social outeasts, 1t was the sc of all kinds of shame und crimes. In mysterious manner the name of was dropped and tor it was substituted the characterization which tho place now boars. Although within fifteen mnutes’ walk ot the heart of the city, *“I'he Bottoms" aro a terra incognita to thousands of the inhabitants of the town. They are scarcely ever visited | evon by day and 0o man would seriously contemplate paying them a visit by night un- less under the most pressing necessity. This hesitancy is ot due to the fact that the un- dertaking would bo attended with bodily in- jury. It is rather to be attributed to the beliof that danger lurks fn the unillumined alleys aud lanos and if it should be experi- eneed, the unfortunato would be too far from civil authority to seek protection. It is not long, howover, since the bottoms were the abodo of the most vicious elements in the city. While some of the same class still haunt tho forbidding precincts, a change has come over tho place which will ultimately result in the driving out forever of those whio seok theso unfrequented parts for vhe purs poses of crime, One of the carliest features of this peculiar stretch of territory is the old Boyd packing house. Itison the river bank and partly under the shelter of the imwense hills which climb westward from the B. & M. track. In other days, it was a placo of great activit Within it, hundreds of men found employ- ment and within it also, on one day as many as 2,500 hogs yielding unwillingly the lives they had comfortably led on Nebraska farm The structure is" now owned by Mr. Joseph Iler of Kansas City. Tho cut- ting winds from the north have gouged the mortar from between thousands of the brick. The doors on the upper story hang on broken hinges and the widows are sightless, Every eve has been broken in its frame ocket by mischievous youths, and the place is a sad memento of its former life and use- fulness. Onc of the buildings connected with it has for years been used by the Page soap manufacturer. Another has been con- trolled by a gas company, which has made but little use of it for the past few years. Beside it lies the unused and empty receiver and from it runsalineof pipe for about a mile through which, some day, the com- pany expects to run its gas to both heat and ilimininate the citys East of these buildings northwara for half_a dozen gregation of bumblé nomes. of pine, Some of them are little more than sheds of rough, unpainted and misfitting boaras with entrances so low as to render it imoossible fora man of ordinary height to enter without stooping. Some are battened and some are clapboarded, but the work in almost every insiance bears evidence of hav- ing been done by*th® unskilled owners them- selves. ‘T'his is espocially noticeable in the roofing. Some of lnemngndez« have tar paper covering,others battered shingles, others tin, plcked “up piecemeal and nailed with any. thing but order and skill. There are a fow of these houses ®Which Jook as if they had been built by capable artisaus, and one of them must have an owner with artistic tasto because his single-story structure has been graced by a mansard. These are the hom 1n the main of poorpeople who find work and extending olocks is an ag- These are built in the neighborhood and whose welination doe: not prompt them to scek abodes in more clo- vating quarters, Each of these owners seems to claimn more or less of the ground adjacent to his home. As a cousequence, every house is surrounded with a fence built geuerally of lath or poles. These lots are of all shapes and and must have greatly taxed the skill of the surveyor who staked them out. Tn such surrounduigs, one expects to find at least the usual comple. ment of canines, Whether the whiners and barkers had unduly exercised themselyes the night before or not is unknown, but Tug Bre's representative traversed the district without receiving notification from some mangy cur or mastiff that he was treading on forbidden ground. West of this little settiement, and bevond the track, stauds the deserted lard refinery. Its doors are locked, its windows secaled with boards. It looks, indecd, @ veteran, having been scathed one fine summer night when it was operated by James E. Boyd, Later N. K. Fairbanks took ho'd of it and his name still clings to the structure. Xt comes an array of dark, rusty ice houses and a couplo of switches on which stand, aud have stood for months, super- fluous cars of several roads, mainly the B, & M. Further to the north 1s the Willow Springs distillery, its massive roostor swallowing clouds of smoke from its belching smoke- stack. East of it are its great sheds for feed- ing cattle. ‘Lhe wind is from the south and west and the traveler is treated to odors ot the liquid food which is three times daily measured out to them. East of these sheds and in the shadow of the great Union Pacific bridge one can almost distinguish the Lole on tue viver bauk in which, six years ago, an_engincer and fire- man lost their live It was the night of the great Omaha parade in Council Blufls in honor of James G. Blaine. The same night 200 feet distant, the Willow Springs distil- fery burned almost to the ground. A switch- engina jumped the track near the bridge and crushed the two poor fellows to death, Re- turning from the parade thousands of tho vrocessionists left the train, descended to the scene and witnessed the men die in un speakablo agony. Half a dozen tramps lie on the grassy knoll near the Union Pacific bridge. They are dangerous looking customers and are passed by without molestation. Near the foot of Leavenworth street there is as wretched a collection of structures as the eye could possibly mect. Few of tnem are more than eight and many of them are less thun six fect in height. They are ram- bling, rusty and rotten aud some are loade with Six and cight dove cotes mado out of cracker boxes. It was ou this spot that, a fow 'S the Wittings, the Davises, the Elstons and the RReadys resided. They were all tough cases, womeon as well us men. Some of them have emigratod, some of them are in the penitentiary, some are dying and some are dead, Ouc” Witting was charged with the murder of a mun whose body, it was sworn to, he threw into the river. A fre quenter of the dangerous territory proved missing. ~An investigation was made and, two - weeks later, the body was haulea out of the river at Platts- mouth A postmortem examination was beld, but the body ad become so badly de- composca | it was unpossible to deter. mine whether or’ mot the vietim had beeu shot as charged. The Wittings were ariven out of tho city by Judee Bencke, Lut afterwards returned. ‘They are now v tating on the other side of the river, but fre quently cross and, abont as frequently, get themselves into the bands of the police. Ifurther to the nortl is another settlement It comprises the sanie general style of habi- tations. Through ivruns a lake of stacnant water. This lake is several hundred feet 1n length. On its shores are humble homes, out-houses and barns. Manure piles and vaults drain into it and its edge is outlined with refuse of all kinds. Ducks paddle and quack in glory upon its surtace and bibulous cows go down to the rim to queuch their thirst in its slimy wate Ou the bank of the river a very healtuy looking man is fishing. Heis attended by two boys. Ho attacties his line to a stone behind himn, then swings it around and over his head to give it momentum and then projects it out over tha river in which o heavy weight drags it to the bottom. The Asherman says it is not u good duy and may bo believed, because | ho pulls his lives in a dozen times without @ cateh, kach time the line comes — straddled with manure and drift from the dump at Jones street, One could not fancy eating fish caught i tho vieiuity of such & deposi- tory of Bith. The angler, however, says the cawe sells well and be could sell more if he could catch them. He points 17, 1891 -TWENTY across the rivor to a ollection of cabins, Those, he says, are occupied by fishermen ‘They fish at night and sleop all day. They sell therr fish in town. ‘Their fishing grounds, however, are more removed from the dump than those on this side, but sometimes they are visited with the reeking carcasses of the | dend animals which find their way into the stream at tho dump. From this poiut five of these animals, slowly disintegrating in the sun and water may be scon steanded on tho sands, The electric light works and the half dozen factories west of it are sending volumes of smoke into the air and the breczo is forcing it down into one's face and oyes. In this at mosphere of carbon, lives Superintendent Albrecht of the Jones street cump. He has lived in it for six ve Ho is tho fatber of the dump. Nocossity was its mother, When tho first load of refuse was deposited he liad to make a roadway with a pitehfork Ho now dominates & bank forty feet high and nearly three blocks long. Into its build iug has goue everything, from a paper collar w unreckoned tons of superannuated asphalt, Into it have gone, in ono day, 700 londs of rubbish. This has made a bank as solid as the Chinese wail No rise of tho Missouri will ever scalo i heights. No rush of the tawny tide will ever wear it away. When the dump shall ha been extended to another bend block fu ther nortn, the industries in the neighbor- hood need not fear the rolling down of old Missouri. The ground abutiing on this dump is private property. Ivery load of refuse dumped on it extends the’ property 1ino of cortain individusl and thus increases his possessions. Thus far the dump, at no expense to this gentleman, has given him right to several valuable acr North of the dump is the dog pound. But its doors ave closed. Bohind the iron bars, as in a jail for human malefactors, there are no canines awaiting redemption or death by drowning. 'T'ray, Blanche and Sweetheart as well as Purp, Bull and Toodles roam the streets with the ancient honor of freedom of of the city distinguishablo in theiv eye. And Count Pulaski is not abroad. T'hen succeeds a numt wre tehed hovels, intubited by some wretched looking mor One of the latter is seen rummaging among the refuso on the dump and when she arises from her abject attitude, lo and behold, she wears a large American flag as an apron, The flag at one time must have been rich and beautiful On the river bank further along stands a small iron pipe sunk into the rock. In it is a light polo eight feet high and from the top of this flutters the remnants of a flag which the frost and elements have forgotten. In front of this is a telegraph pole cut down a foot above the ground. This post 1s a relic. It supported the telegraph wire which con- sted the east and the west until the first Union Pacific bridge was built. The flag is placed so that tho relic may be easily located Then comos a series of lumber yards and tho big mill of Cody & Gray, and at length, Douglas street is reached. Beyond, the great Omaha & Grant smelt- ing works line the bank, and brawny men covered with persperation are wheeling pots of slag and dumping them iuto the river, Heavy mules with a_two-wheeled dray and an attachment to which five of these pots may be hitched are also hauling this metaliic brew and humans are dumping it into the river. It is hot work, but the slag is hotter, When it cools, hows it adds to a wall against which a forty-pound gun might be trained with impunity. Beyond the smielter is tho Davenport strect dump. Superintendont Brady has managed it for six years. He has, 50 10 speak, handled 00 loads of refuse in a single day. And still be is not tired. XU comes the waterworks. Here there is little excitement. Even the engines make little noise. 'wo of them arc pumping 20,000,000 gallons of water every day into the city pipes, while another rests on its oars, so to speak. And here the Journey ends. No part of the city has witnessed a ‘groater evolution than have ‘‘the bottoms.” They aro gradually veing reclaimed, and inside of a decade will be given over almost entirely to the heavy industries which for the last few yours have been trending in that direction, e IN COUNCIL BLUFFS. What the Artists are Doing in Our Sister ¢ ity, Art in Council Bluffs bas never met with any great amount of eucouragement from those citizens who are able to, and should take the lead in fostering it, but in spite of the g al negle there is a great deal of very creditablo work being done there, much of which is known nothing about except among a few intimate friends of the artists, For two years past there have been attempts made by the devotees of art to have exhibi- tions 1n the spring of the year, at which the best work of the local painters should be placed before the publie, in order that people mizght know what was being done in this line and that the beginners and those farther advanced might be given to understand that the vublic had an interest in their efforts, Two trials have convinced those who were instrumental in working up the exhibits, that they could not be made to pay until Bluffites met with a change of heart, and the vesult is_that there will be no exhibit this year. ‘The fault lies partly with the owners of buildings suitable for the holding of the exhibits, and partly with those who should have patronized them. ¢ ‘I'he owners of the buildings, it is claimed, refused to rent ttem except at an exorbitant price, while after the building had b 3 cured and the exhibit was opened, they wer attended by very meager audiences, and even those who came had to be lured thero by means of a musical programme, § But i spite of everything the artists are gong on putting their own and other peo- ple's ideas on canvas, amateurs are fast de- veloping into semi-professionals, and the teachers are having their hands full with heir pupils. No one, probably, has done more to awaken interest in art n’that city than Mrs. J. A. Gorham. Sho was the leading teacher of painting there for several years, and when she gave up the business some mouths ago she had a class of fifty-six pupils, most of whom owed to her their entire kuowledge of art. Mrs, Gorham now has ouly a few pri- vate pupils, atd she devotes whut time she can get to painting. She has some beantiful specimens of her handiwork which have been exceuted within the lust fow months Among thew are two oil paintings of land scapes in New Jersey. The scene represents a clump of birch trees on the shore of a little rivulet, and the blending of the white bark of the birches, the green of the moss and grass on the shore of the stream, and the crystal clearness of the stream itself is ex- quisite. Mrs, Gorham has bad several hand- some offers for these paintings, but sne has accided to keep them herself. Another fine pi though a small one, is that entitled *The Lone Hunter,” & scene taken from na- ture during a trip through whe mountains of Idaho two years ago this summer. She now has in_view er painting than she has ever yet attempted —a_scene on the banks of the creck near the deaf and_dumb institute, The picture will be about 4x7 feet when com P. Rallsback is another who is doing conscientious work in teaching the art of paiuting. Her studio is located at her home at 611 Bluff street. Her howe is plen tifully decorated with articles from her own brush, and it is evident that runs mostly in the dircetion of bird u the paper’ on the wall is covered witl the feath cred beauties, and in many of them she has shown remarkable skill. Mrs. Ruilsback has been doiug considerable work of late in the line of pastel paiuting. A fine portrait of lit- tie Gracie Corbally is among her latest ac- complishments. She has a class of twelve pupils, all of whom are very much intercsted in their work. Most of them aro engaged in drawing from still life, which Mra. Railsback thinks lies at the foundation of all work in ary, instead of along toward the end, as is taught by some teachers, Misses Kato Myers, Auna Walker and Mildred Pace aro at work matorializing the song of “Bau-nau-o-0-08" from life, M Huzolton Is copying a uniquo pioco from ono of Prang’s studies; a basket of apples tipped over, besige which lies a pile of ripe coru in the husk, and a cider jug stands in tho back ground, Lutio Pryor is working in crayon, and is showiug great talent for oue of his age. Miss Goff is cultivating early roses with her brush. Mrs. . G. Mikesell and Mrs. do cousiderable teaching, and t are doing excellent work. In thoso Mrs. Pitts, an_artist of m Matthal also oir pupils aadition to \ skill and rience, has located across the river and od a studio. She bas been spending sevoral years past in teaching art, and will no doubt meet with success there, as she has elsewhere, Among the finest pieces that have been ex- ecuted during the past winter and spriog is PAG ES. - &4‘ z eweaco AN 14909 DOUGLAS STREET. s I cuan FVill vemove to Kavback's New Stoves, 15th Street, AN ASou 1 aner 4 J | s o next September, iYou Will Save Moncy If you have your garments made by a Tailoring establish= ment that do not give credit. Nicoll do not s and we are perhaps the only prominent ex- ception among many tailors, and all the world knows we are the most successful tailoring establishment in Americ Our prices are not saddled with the weight of bad debtg (as are most tailors.) We give the full measure of value for your money-—such value as only Nicoll can offer. It’s good paying customers we have, and we s they have no deadbeats to pay for. > to it that There are many reasons why yo# should buy of us, and our goods and prices are best present example, Have you seen them? over ten thousand strong, Trousers to order, $5 to g15. Suits, Overcoats to order, §20 to §60, We have plenty of imitators —No equals that we know of. Nie@Lic THE TFTAILOR, 1409 Douglas Street, Omaha, Next September, Karbach Stores, 15th Street. DIME EDEN MUSEE. WILL LAWLKR, Manager. Gorner Eleventh and Farnam Streets, Omaha WEEK OF MAY 18TH. K OF MAY 1 N LBER! WONDERRUL! MARVELOLS! CLARENOR DALE, the boy with the BIGHEAD. A PERERCTMARVEL His head 1s 48 inches around, about twico as bigus the ordinary man’s head, yot ho is a boy but 6 years old, THIE BRAIN OF A MAN and the body of a boy. He is bright, intelligent and a tal- ented musician, A MEDICAL MYSTERY. converse with all his visito He will ndly DESPERATE COHANOCES, a comedy drama, as presented by the Fitzgerald-Lewis Comedy Co. Full of fove, romance, myster and tragedy. Miss Blla’ Lewis is a well known young actress with drawatic bility and her support is good, Prof. E. Abt, the picture coilector, will ex- hibit nis wonderful collection of pictures gathered from all parts of the old world, to- getber with his Famous Dissolving Views, which are full of study and t.ought. A company of special arf ists will present a lively entertainment. New [aces, New Music, New Wonder A Thoroughly Cosmopolitan Lntertainment. e o NEVER CEASE AT—— THRE DIME EDEN MUSER S e ono by Mrs. August Beresheim, consisting of a child’s face, wrought iu sepia on a panel of prmal Darkness. wood. It is regarded by competent judges as On the morning of January 7, 1501, a a model of its kind. cang of laborers on a railway nck near Mrs. Ira K. Hendricks is exccuting a paint- { Veadikafkass, Russian ( Sk, wero mg in oil a copy from Rosa Honheur's [ obliged to discontinue their work ho- \ “Horse Fair.”” Mrs, D. W. Bushuell has just | cause the gloom of tho murky forenoon == completed a vory protty bouquet of chrysan- | 1noronsed to somothing 1ike ot dn thomums, Mrs, Shinn Is inaking a copy | o o0000 'O POMEE BE, HAS rld in Bol- from a painting which took the prize at the | DO, writes Dr. Felix C. Oswald in B Paris Salon. Tho titlo of the painting is | ford's Mugazine. — Fearing an carth- “Gathering Potatoes.” Mrs. M. 'A. Mooro | quake or a cloudburst, they hurried to has finished a sceno n Scotland. ~Miss | their camp and did not venture to lene Blancho Arkwright has been devoting berat- | the shelter of their cabins before tho toutlon almost entirely of late to | noxt morning, though on the aftornoon crayon - work, Mrs. J.. D, Auderson | orth e abnormal day the loworing oloads has Completed 8 paintig eltldadisthell 1 SIRNE SRR, SRV IUHOSOWOEDEOlOUGR Temperauce Sceicty.” It does not consist of | hitd begun to clear away. ‘I'he phenon a set of long-haived men passing resolutions, [ €non seems to have been obscrved at as might bo supposed, but it is simply three | several other points of the railway line, horses drinking out of a watering trough,and | and recalls the analagous ciuse of is very well executed. Mr. Landerdorter May 19, 1780, when the light of \""z" great ”"I I'l“ l"‘i"‘:"fi“ ”I.,“N" ’:‘l‘“ k“]"“ the noonday sun, throughout southern work upon several choico pieces of art. Mrs, | a a8y Sughon o Mactirida is the paiater of u benutiful sketen | NeW England, was eclipsed LA ha entitled “Twilight.” 1t is a water-color, ana | 4egrec that only the faint outlines of represents an ancient ruin, with the soft | trees and buildings could bo distin- light of the deepening twilight making it just I guished at adistunce of fifty paces, 13 ae visible. Mrs. Gates has been executing a | several villages of western Masmichu- P number of sketches in water-colors and oil, | sotts the darkness was so n arly com- and has had remarkably good success in ] pleto that birds wont to roost, and scores painting asimale sad;dayers of men prayed and groaned in nameloss Miss Gone NoHaven has. dona & groat d terror, thinking an earthquake newr oo orle,_somo of which has | . ind, If not the duy of judgment, Somo oved profitablo as well as pleasant. The | band, 1t Rod bie Cay of Judim e attle” Scene,” which was one of the feat- | contemporary writers describo the epi- ures of the art exhibit last year, was sold { sode as a *fifty hours’ night” (from the cently toa gentleman in Crystal, Col,, for | evening of May 18 to the morning of the Sho is a rapid painter, and is constantly [ 20th); and among the many fanciful ox- on more or less eclaborate pieccs. | biynations the most plausible scems that Miss Lou Dotlaven hus also duno somo g0od | \whioh ygoribes the eclipse to u drift of Yok, bus f 4816 ALe s Bald mans AUGRNAD | w0l aanit asl aloudh: - AN aven moke ios B A e i mathad [ fracted GArknass which alarmed tha talent, are Mrs, J. . Brodbeck, Mrs. Cham- | southern West Indies in the summor of berlain, Mrs, Waiters, Mrs. L. . ( 1812 was traced to a cinder shower from Miss Linkey, Misses Myra Crane the volcano of St. Vincent. Parsons, Mollie Itice, Sadona 1 <IL.A; \{:‘-l o , LRI 0, Nellio Green, Berenice Kemp, Mrs. o = % e Nire, . L. Shonheid Maac. It _ Dana's Bditorint Rule. . Hubbard, 'Mra, De Mrs. J. M Bar. | Mr. Charles A. Dana fimshos his day's v, and Mrs. G. H. Champ. Misses Alma | work earlior than most New York cditors, frer and L. o e only been | bacause the editorial system of the Sun iy at work u short time, bub they have alreudy | gigoyeny from that of other nowspapers. '.’;'(\.fff‘.:x‘;d\ty\'lll‘y;’.l‘(1“-7”.' ,'.."ii'.‘,l..','!.'.'..'.”l,‘.,""{‘,’T:‘, Most of the metropolitau aailies endeayor to artists. Mrs. IL J. Chambers has been con- | give editorial expression and ovinion on the fining her attention of laie priacipally to | news as it comes into the oftice. But Mr. LS crayon work Dana's plan is to give the news time o « > There is a great deal of rogret felt that the | gest, as it were, and to comment upon it the idon of making the art oxhibit a pormancut | next day. Al the editorials are rovised by thing in that city, nas been dropped. At the | him i proof, and if he has a few moments to time of the holditg of the exhibit lust” year, | wait whilo an articlo is belng put. into type thero was talk of ropeating tho experiment | he wheels around in his chair and takes down 1 tuis year, and in fact every year, but those | i volume in some foreign lunguage o study. who have always taken th in such | Mr. Dann leaves for Europe next woek on & things have announced thelr intention not to | vacation of several months cy it again, and as a result there have been - :f‘,v‘,'."fl'fr,::.{.:..f",.w. The May number of *“I'he Kindergarten” . . e is as attractivo as over. Tho frontispicce, A rancher named Linasley killed a big | entitled “Gretehen aud Her Ducklings," is a black bear on his ranch near Deadwood the ty ploture and will doublless ba 7 other day. He shot bruin fourteen times ne- h admired by the juvenile patrons of this foro a vital spot was rcached. Tue auimal | paper. Published by Alice B. Stockham d& weighed 600 pounds, Co. 277 Madison strect, Chicago, !