Omaha Daily Bee Newspaper, January 12, 1892, Page 1

THE OMAHA TWENTY-FIRS DENOCRATS AND RECIPROCITY | Breokinridge of Kentucky Declares Section 3 of the McKinley Law Unconstitutional, *'HE FAVORS A MORE LIBERAL PROVISION. Me, Simpson Wants the partment Investigate Metallic Resoluth In the Senate and | Wasnixaros, D. C., Jan, 11.—The republi- €an principle of reciprocity, as embraced in the McKimley act and practiced by the present adwinistration, is assailed for the first time by the democrats this session in & resolutior. which Reprosentative Breckin- ridge of Kentucky asked unanimous consent to offer in the house today. This resoiution, ‘which is the subject of wrea’ disct on to- night, and the introduction of which was ob- jected to by Mr. Burrows of the republican side, recites the lotters written by the secro- tary of state by direction of the president to the diplomatic representatives of Venezuela, Nicaragun, Colombia, Honduras and other nations, calling attention o the reciprocity section of the McKinley act and stating that the president deems tho duties imposed by theso countries to be reciprocally unequal and unreasonabls, and that unless on or be- fore March 15 next, some satisfactory com- mercial arrangement is entered into, the presi- dent will issue a proclamation suspending the provision of the section, and further recites that such ac- tion by the president would be unconstitutional, onerous and unjust, and in- structs the committee on ways and means to roport before Fobruary 25 a bill repealing the third section of the McKinloy act. The vresident is also authorized, without further legislation, to declare the ports of the United tates free and open to all the products of any nation of the American hemisphere upon which no export dutics are 1mposed so long as such nation shall admit to its ports free of all nutional, municipal and other taxes, flour, corn meal, and othor breadstuffs, preservea moats, fish, vegetables and fruits, cotton- sced oil, rice, lumber and agricultaral 1m. glumonu, etc., or such other products as may e agreed upon. Helleves it Unconstitutional, 1 beliove,” said Mr. Breckinridge to an Associated Press roporter, “that the third tion of the McKinley is_unconstitu- tional in conferring upon the presiaent the ower to impose taxes without congressional ction. I also bolieve that the retaliation allowed In the act is not only unwise as re- gards our relations, but is really buvrden- BOING to our own citizens for it s iziposes duties which they have to pay. And ‘sRere this retaliatory measure is adopted v s to certain nations, 1t makes an unjust lscrimination which muy also not only be arbitrary, but may be not free from corrup- tion. 1 therefors am anxious to have that clause of the McKinjoy act repealed; and while it may not be possible to doit, I desire ) call the attention of the country to this measure, und thought it might be doue by connoctihg the movement in the house with the lotter which Mr. Blaine had written und which had been published all over the coun- ry. And yef," continued Mr, Breckin- ridize, “being in favor of tue freest possiblo trade consistent with the raising of the needed revenue of the government, I ap- pended to tho resolutions instructing the committce on ways and eans to report the bill ~repealing the third section of the McKinley act, an Instruction to report in lieu of it-a true reci- procity provision, by which the president is * given the power, which undoubtedly 1 con- stitutioual, to open the ports of America to the products of such countries as do make true reciprocal arrangements with us. 1 do not entirely agree with some of the leading democratic_ statesmen a8 10 reciprocity treatics and arcangements. There are gruve objections to them, but I think them better than prohibitory tariffs. And if we cannot enact such revenuo laws, I desive that recip- cal arraugements bo mado as far as they Jan be with any or all nations, believing that every movement in favor of freer trade will erve as an educational process, accustommng the country to beiter Views and practices i © commorcial relations Favors n More Liberal Provision, % I was further led to offer this resolution just at this particular moment because the committee on ways and means has not yet had time to become entirely organizea and got to work on the various propositions which have been submiited to it, and by selecting, at this particular juncture, this particular provision of the McKiuley act I might concentrate the attention of the coun- try upon it soparatad frum the other vro- visions of the act. I selected, as the reci- procity provision to be reported by the ways means committee, one that had received the sanction of alarge number, if not, indeed, of all, the democratic senators 1n the Kifty- fivst ‘congress. And while there may boe difference of opinion 1 our party as to the extent to which it is to go, there is no differ- ence among us that the provision adopted in the McKinley bill ought to be repealed and that some liberal measure could be well enacted in lieu of iv." Mr. Breokinridge's resolution appears to ‘be well received by the majority of the ways nd means committee, 1 think very favorably of the proposition &I Mr. Breckinridge,” said Chairman Springer, “of course I cannot say what the committee may decide to do in the mattor, T am in favor of reciprocity, but whether i will be willing to go to the extent provided in the articles mentioned in the resolution, I canuot say. ‘Uhat question, however, is a mere matter of detail and does not affect tho vital prineiple embodied in Mr Breckin- rdge's resolution.” Mr. Breckiuridge o Kentucky, then asked unanimous consent to offer the resolu- tlon above deseribed, but Mr, Burrows of Michigan, objected, Mr. Breckinridge then asked that it bo referred to the committeoon ways and meaus, Burrows repeated His objection. Bills and Rosolutions. Under a call of the states the following Dbills, ete., were introduced and referred : By Mr. Oates of Alabama—For a uniform system of bankruptey, By Mr. Sweetof Idaho--Providing for an nterual bi-metallic arrangement, By Mr. Chipman of Michigan—Requesting the president to inform the house what gotiations have been carried on with foreign governwents relativo Lo the re-establishment and use of silver coin as legal tendor money. By Mr. Hatch of Missouri—Defining “optiors” and *‘futures,” and imposing a tax dealers therein, By Mr, Bland of Missouri -For the free colnage of silver, By Mr, Brosius of Peunsylvania—Ap- ropriatiug $100,000 for the relief of the amine stricken peoplo of KRussia, By Mr. Pierce of Tennessee—Resolutions of the uational logislative executive com- mittee of tho farmers slliauce, in relation to the Ocala platform. Ordered printed in the record, Mr. Dockery of Missoari asked unanimous consent forthe imwediate cons:deration of the following resolution Resolved, Tha v tary of the treas- ury b requ 10 _inform the house of the aggrogate t of the unexpended Ill),) FIBLIONs on account of the fscnl year 1a Biie'ond of the fiscal year: also, the amou expenditures made during tho frst six ponths of the fiseal year 1882, giving the in- formution for both periods in detuil. My, Henderson of Iowa objected, and the ution was referred 1o the vommittee on priations, By Mr. Slmpson of Kansas, By Mr. Simpsou of Kausas—Asking unani- £0us consent for the immediate considera- of a resolution reciting allegations that Department of Agricvlture is mado tho Harbor of political employes and that the crop yoports are made to boards of trade and arket wreckers and operators before they ' YEAR | are conveyed to the knowledge of the toiling { busbandmen; anda providing for a special | committee of five members to inquire intothe workings of the dopartment, and into the truth of theso allegations, Mr. Hopkins of Illinols objected and sug eested that the resolutions he roferred to the committee on \ays and means, but, on motion of Mr. Springer, it found its resting place in the committee on rules. Adjourned. IN THE SENATE Bills and K Jan, 11.—I'he vice president laid befora the senate several offi- clal and other documents including one from the interior department, asking for an aporo- priation of §150,000 as a deficiency to snpply subsistence for the Sioux Inaians, The senate judicary commiltee today de- cided to lay over, without action until next Eriday, nominations of circuit court judges. This was done at the request of Mr. Voorhoes, who desires to enter a protest agaiost the confirming of Judge Wood. A large number of bills were reported from the committees and placed on the calendar, among them the following : Toald the states of Colorado and South Dakota to sustain schools of mines, For the erection of postofiice buildings in towns where tho postofiico roceipts excoed $1,000 a year. _Fora” public building At Mammoth Hot Springs in the Yellowstona National park. Appropriating $60,000 for a public building at Bradford, Pa. For an International Conference, Mr. Teller introduced a joint resolution providing for an international bi-metallic agreement, The joint resolution was read. It declares it to be the determined policy of the United States government to use both gold and sil- ver as full legal tender money, either under the ratio now existing in the United States, or underone that may hereafter be estub: lished by the United States alone,‘or in accord with other nations. It directs the president to invite the governments of the countries comprising the Latin union, so- called, and of such other natious as he may deem advisable, to join_ the Uuited States in a conference, and to adoot a common ratio betweon gold ana silver for the purpose of establishing internationally the use of bi- metallic money, ana of securing fixitity of relative values between those metals. The conference is to be held at such place as may be mutuaily agreed upon by the executives of the various governmeuts, Whenever these governments, or any thres of them, shall ave agreed to umite upon, and whenever in the judgment of the presiaent, a sufficient number of nations shall have entered into such international agreement the president is to declare tho ratio so fixed to be the existing ratio the United States, and ail coinage thercafter is to be at such ratio until changed by law. he president is to appoint (subject to the aboroval of the senate) not less than three nor more than five commissioners, who shall report to him (whose report shall be trans- mitted to congress), and who shall each re- ceive 5,000 a year and reasonablo expenses. Wants Prompt Action Taken, Mr. Teller said he had on the 11th of July last prosented to the senate and had referred to the finance committee a similar resolution. It had sluinbered 1n that committee until the close of the session and he was not over confident that the present resolution would receive any moro attention. He believed in an international agreement if it could be secured, but he did not intend to rest the case entirely upon an inisrnational agreement. He was not prepared to surrender the effort 10 secure free coinage and & full recoguition of silver in this country. An international agi ment could ho made. He wished uo one 10 misunderstand him, or supnose that be- cause he was in favor of u bi-mertallic agree- ment he believed that the people of the United States should sit down and fold their hands until such an agreement was made, for he did not so believe, Mr. Stewart submitted a statement in con- nection with the resolution, which he haa offered lust week, instructing the judiciary committee to inquire what further legislation was necessary 1o secure the coinags of silver proviaed for under the Bland act. Mpr. Mitcholl asked Mr. Stewart if he was quite certaiu that the act of 1810 did not re- peal the portion of the act of 1873 (the Bland act) which applied to the act of 1537, Mr. Stewart replied that it certainly did not. It only repesled a specific portion of the act of 1878—that referring to the purchase of from £2,000,000 to #4,000,000 of silver per month—leaving the rest of the act in force. The resolution was referred to the finance committee. Northern Pacific Land Graut Mr. Morgan futroduced a bill to forfeit to the United States the lands claimed by the Northern Pacific railroad_company between Bismarck, N. D., and Walla Walla, Wash. Referrod. After an executive session adjourned. ENG the senate ND WATCHING OUR MOVES, British Naval Oficers Keeping Thelr Eyes on Our Preparations, Wasnixgroy, D. C., Jan. 11.—Whether Great Britain is or is not using her influonce with Chil to bring about a satisractory set- tlement of the Bultimore outrage is as yet a matter of speculation, but there are abuad- ant evidences that sho is showing the decpest interest in the preparation for warswhich our country has been making. Our naval oficors have mot failed to dis- cover that two naval attaches of tno British legation in ths city, Captains William H. Wayand G. C. Lang- loy, have been watching every movement of the Navy department sinco tho talk of war with Chili first commenced. What these of- ficers have learaed bas; of course, been duly communicated to the home government, and these roports have doubtless been the means of convit cing the British authorities that the United States is in sober earaest in ber de- mand for reparation. It is noticeable to those who have watched tho developments of the Chilian controversy that the English wfluences in the direction of peace commenced just after the paval at- taches began familiarizing themselves with our naval activity, These attaches have made porsonal visits to differont plac throughout the country where work on war materials is in progress. Ouly a few days ago Captain Langley visitod the Maro island navy yards and Unton Iron Works at Sau Francisco to see what truth there was in the rumors of hurried work on the coast defense vessel Monteroy and other vessels. Upon bis return & day Or two ago he told friends that he_nad_been on & few days' pleasure trip to New York, but this did not deceive some of the uaval officers here. Captain Langley is too well known to naval ofticers ‘on the slopa to mistake his identity and he bad not boen in Francisco many hours before bis presence and bis mission became known to department ofticials, Storms In Engtand and Spain, Loxpox, Jan, 11,—Severe sno torms con- tinue throughout the kiugdom, Trafc is badly interfered with, A dispaten from Valoucla, Spain, says a violent storm has caused much damage there. At Tyroue, fn [reland. & funeral procession became lost in the storm. The horses became exhausted and it was found necessary to abandon the hearse 1n & suowdrift, Sent @ War Ship to Tanglers, Roe, Jan. 11, —The Italian iron clad, Dan doly, bas sailed for Tangiers, Big Cocking Muin, Proiia, I, Jan. 11.—A big cocking main near this city commenced Saturday night aud continued until after noon yesterday Over oue hundred virds were pitted, honors being about even botween tho various neigh boriug cities represented. Pams, Jan. 11.—Poynon, ex-minister of marine, died today of influenza. New Youk, Jau. 11.—Grace Field Lindloy, eldest daughter of Cyrus W. Fleld, died this morning after & lingering iliness. OMAHA, TUE | i [NO DECISION ~ RENDERED. Boyd-Thayer Oase Not Yot Handed Down by the Bupreme Court, STILL HUNTING FOR THE LEAK. Probably the Result of the Body's Delibera- tlons Will Not Be Made Public U the Source of the \y I8 Locate 518 FourterNTIH STREET, Wasnixaroy, D. (2, Jan, 11. The supreme court did not hand down the expected decision in the Boyd-Thayer case today. It is believed that Chief Justioe Fuller is still “hunting for tho leak” and will not make the decision public until the source from which the papers secured their advancenews has been locatod. Wasiixaroy Buresv or tie Bes, } Nebraska's Boundary Lines, Senator Manderson introduced a bill today directing the secretary of the interior to have surveyed without delay that portion of the nortbern boundary of Nebraska bogiuning on the Keya Paha river and running easterly to the main channel of the Misseuri river, the Indian title to the lanas south of the 43d parallel of the north latitude, now situated in Nebraska, having been extin- euished and the proviso in the act of March 1852, having been fully complied with. Ac- companying the bill is a letter from Land Commissioner Carter referriug to the articlo in the bill of August last, on the subject of tbe northern boundary of Nebraska, and stating that the facts as set forth by vhe bill are mainly correct. Commissioner®Carter says that vart of the boundary between Keya Paha and the Missouri rivers, about tifty-five miles, has never been surveyed and marked, because no funds bave been available for that purpose, and that the remedy would seem to be an appropriation, either by the federal government or jointly by Nobraska and South Dakota. Senator Manderson’s bill of today provides as much appropriation as may be necessary. But it Will Not Work, An effort is being made by some senators whio want certain appointménts to the circuit and district courts, to bring about a glut of tho judicial nominations pending and delay till the president has not only filled the circuit vacancies existing, but also the vacancies which may be created by appoint- ments to circuits. The purpose of such a movement is plain; it is to force the presi- dent to yield to the demands of senators in making appointments or suffer the penalty of an alliance with the democrats for the purpose of defeating pending nominations. The effort will undoubtedly fail. In the first place the president cannot be forced to make any appointments, The majority of the senate, which may iaclude some democrats, do not believe in such tactics to secure any end, much less judicial appointments, which should be free from ward politics and chichunery and machinations of every democrat. is City's Postmaster, The senator has not yet taken up the Falls City postofiice cases, papers in which have accumulated siuce his absonce. The great bulk of the letters are warmly commenda- tory of Mr. Holbrook, the present incumbent of the office, who will be nowminated and con- firmed unless the best of reasons are shown for his removal, < Senator Cullom, who has been urging very strongly upon the president the appointment of Colonel Eugene A. Carr to the vacant brigadiership, said this evening that he was unable to receive any assurances from the president or any indication as to what his choice would be. Neither Senator Mander- son nor Senator Hiscock seem confident that their candidates, General Wheaton or Colonel Otis, will secure the prize, The president may go outside of the candidates now most prominent and select some colonel who has not been strongly urged. Colonel Biddle, Ninth cavalvy, is spoken- of in connection with the vacancy, but his chances are not considered as good as several others named. Secretary Rusk this morning, after a long conference with Senator Paddock, issued orders for naticnal inspection at’the Ne- braska City packing house. This will make Nebraska City the second city in Nebraska at which microscopic inspection of meat in- tended for export to foreign countries will be made. The force at the Nebraska City pack- ing house will consist of one chief inspector, four female assistant microscopic inspectors and one tazger. Senator Paddock wiren wday to Nebraska City the decision of the Aepartment, which has only been reached after several months of consideration and much pressure, Iscellancous, The supreme court decision in the Coun- selman case is taken very seriously by the Interstate Commerce co'nmission on whose pehalf it was argued by Hon. G. M, Lam- bortson of Nebraska thuatthe effect of the decision will be to bar the commission from calling railway officials and favored shippers as witnesses 1n suits for violation of the in- torstate commerce law a plea in every case that the giving ot testimony might tend to 1n- criminate the witness being sufficient under the ruling of the court to relieve the witness from testifying. The supreme court today affirmed the deol- sion below, which confirmed, in the name of of the Des Moines River Railroad and Navi- gation company, the title to the lands which its bas for many years held, over which there has peen so much litigation, Senator Pettigzrew today reported from the committee on public Jands to the senate his bills appropriating $12,000 a year for the support of a school of mines at {(apl'l Cil . D., and donating a section of land at Yankton for the insane asylum. A favor- able report wil®be made from the committee to tho sonate tomorrow upon the bill appro- priating §200,000 for a publie building at Deadwood. Congressman McKeighan will introduce in the house the senate bill for Hastings’ public building. Representative Hayes of lowa introduced & number of bills in the house today for Ropreseutative Bowman, who is out of the city. Among them were measures appro- rl‘lmiuk!ll)kl.flm each for public buildings at owa City, Muscatine and Clinton; giving ouch member of the house a clerk or private secrotary, to be paid $100 a month during the session Of congress, aud authorizing the pay - ment of additional salary to the lettor carriers who are not allowed a leave of absenco for fifieen days in each year. Senator Puddock reported today from the committee on publie lanas, his il for the disposal of the forts, Hartsuff, Sheridan and McPherson military feservations under the provisions of the homestead law He dlso had an interview with the commissioner of the general land office and received the promise of the atlotment of & clerk at the droken Bow and Alliance lund oftices, W. Vogle was today appointed postmaster at Quarry, Marshall connty, Ia.,, vice J. L. [nman, removed. B. I. Anneny of Clinton, Ia., is at Arno, Senator Manderson inteoduced a bill today to pension William T, Huttou of Nebraska, Adjutant General Kelwon U, S. A., has re- covered from his reacnt illness and resumed his duties at the War department today. By dint of extraordinary effort Senator Paddock bas secured favorable action at the hands of the senate committee on public buildings aad grounds upon his substitute bill appropriating 230,000 for a public build- ing at Hastings. Tho original bill appro- priated $0,000. The committee will also report favorably upon Me, Mandorson's bill appropriating $50,000 for a public building at Norl{ulk. * 8, H, NT ARMY ORDERS, arring in the Regu- Yestorday, Wasmixgtox, D. C., Jdan. 11— [Speofal Telegram to Tuk BEE. | -The following army orders were issued touay : Captain Marshall W. Wood, assistant sur- #eon, now on leave of absence, will report to tho commaading officer at Fort Columbus, 1 SDAY MORNING, N. Y, for temporary duty a1 that' post dur- | ing the absence of Captain Walter R. Fishor, assistant surgeon, Major Alfeed C. Girard, surgeon, wiil retain his station &t Fort Sheri- dan, Iil,, while on duty as a member of the Medical Examining board appointed Daocem- ver 16, repairing to Chicago in the morning and roturning to Fort Sheridan in the even- ing of each day on whieh the board may be in session. Leave of absonce for ten davs is granted Second Lieutesant William Kenly, Fourth artillery, to take effect from the date of the conclusion of his examination by the board of oficers appointed to moet at Water Vliet arsenal, West Troy, N. Y., Do- cember 8, 1801. Leave of nbsence for cight days is granted 1'irst Lieutenant Daniel K. hfl;l‘,-nrbhy, Twelfth infantry, recruiting oftie WITNESSES BEFORE COURTS. They Cannot Be Made to Answer Incrimi- nating Questions, Whnsnivaroy, D, C., Jan, 11.—The United States supreme court today in the celebrated interstate commorce case of Charles Counsel- man, appelant, vs. Frank Hitchcock, mar- shal of the United States district court for the Nortbern dis'rict of 1llinois, docided that witnesses cannot be compelled to testify in any criminal case where answers might tend 1o criminate them in any way, or subject them to possible future prosecution. The Counselman ease bad its origin in an investigation begun in 1500, by the grand jury of the United States district court for northera Illinois, into certain alleged viola- tions of the interstate commerce act by the officers and agents of the Rock Islaad, the Burlington and the Chieago, St. Paul anda Kansas City companies, _Counselman was asked whether he bad obtained from rail- roads coming to Chicago from poiuts outside the state a rate for grain transported at less than tariff rates. His reply to this, and similar questions as to whether or not ne had received rebates, draw backs or commjssions from specially named railroads, was that ne declined to answer on the ‘tround that it might tend to criminate him, The grand jury reported the refusal to the district court und it found that Counselman’s éxcuses were in- sufticient, and it made an order directing nim to answer. Stillrefusing, thie court adjudged him in contempt, fined him £500 and costs, and directed the marshal to take him in.o custody and hold him until he should answer the questions askea and others of similar import. After further proceedings the circuit court, Judge Gresham delivering the opinion, discharged a writ of habeas corpus which had issueu for Counselman pending its decis- 10n, and made an order sustawning the ais- trict court. F'rom Juage Gresham's order the appeal in this court was prosecuted, and Counselman, meontime, . was mdmitted to bail. - Plea of the Defense: Counsel for the wituess (appsllant), be- sides urging the plea that, tho witness was protected by the fifth amendmeént to the con- stitution from answering any question which might tend to criminate him, in any case, also attackea the right of the'grand jury to proceed in such investigations. The court, in its opinion,’rendered by Justice Blatcnford, savs, however, thut it does not find it necessary to comsider any other than tho point raised undertne consti- tution as to the privileges of witnesses. It is broadly contended, says the “opinion, that a witoness is not entitled to plead the privi- lege of siience, cxcept in a 'criminal case against himself, but such is not the language of the constitution, Its provision is that no person shall be compelled, in'any criminal case, to be a witness against himself. This rovision must have a broad construction in 'avor of the right which 1t was intended to secure. The matter under “infestigation by the grand juy was a cridinal matter, and the reason given by C ounselman for his rofusal was that fus answer might-tend to eriminate him. 'His apprehensionwas that the answers might show that he hat commit- ted a crime against the interstate commerco act for which he might be prosecuted. His answers, therefore, would be testimony agamst himself, and he would be compeiled to give them in a criminal case. 1t was im- possible that the meaning of the constitu- tional provision can only bo that a person shall not be compelléd to be a witness in & criminal prosecution against himseif. Tho object was to insure that, a person should not be compelled, when acting as a witness in an investigation, to give testimony which might tend to show that he himself bad committed acrime. The privilege is limited to criminal matters, but it 1s as broad as tho mischiel against which it seeks to guard. Protected by the Constitution, The court then takes up the contention that the investigation before the erand jury was not a criminal case, but solefy to uscertrin whether a crimo had been copfmitted, and it reaches the conclusion that the questions asked Counselman and his relation to the inquiry show that it was such & case as entitlod him to invoke the proteetion of the constitution. The court then considers the allezation that section S60 of the revised statutos, which says that no evidence obtained from a wit- uoss by means of a judicial proceeding shall be in any manner used against him inany criminal proceeding, or for the enforcement of any penalty or forfeiture, ramoves the pro- tection of the constitutional privilege of Counselman, Tne court says this provision, of course, protected Counselman against the use of his tostimony agaiust himself or his property, but it could and vould not prevent the use of his testimouy to search out other testimony to be used against bim. It conld ot prevent the obtaining and the use of . evidence which should be attributely directly to tho testi- mony he might give under compulsion. Sec- tion 860 is not co-extensive with the consti- tutional provision, and legislation cannot de- wract from the priviloge afforded by the con- stivution. A mere act of congress cannot amend the constitution, Cannot Abridge Constitutional Rights, ‘The oplnion of Justice Blatchford then makes an exhaustive review of the decisions by the court and by state courts in cases arising out of the existence of similar pro- visions fn state constitutions, and say “It is quito clear that législation cannot abridge a constitutional priviloge and that it cannot replace or supply one, 8t least unless it 1s s0 broad as to have the same effect. Wao are clearly of the opinion z'fut no statute which léaves the party lor wituess subject to prosecution aftge he answers the crimnating questions :put to him can have thu effect of supplanting the privilege conferred by the #titution of the United States. Section 850 of the revised statutos does not supply a complete protec- tion from all the perils againbt which the constitutional prohibition was ‘designed to guard, and is not & full subs 0 for the prohibiticn. In view of the' stitutional provision, a statutory enactwméstto ve valid must afford absolute immunity against future prosecution for the offgnse to which tne question relates.” £ The court, therefore rules that Counselman was entitled to not auswer, and directs that the judgment of the circuit vcoult be reversed and thoe case remanded, with iastructions to release Counselman from custoly Heariog in the Chicago ansrohist cases, those of Fielden and Schwa a8 vostponed today on motion of the .atto general of Tilinois until next Monday. - Near Death's Door, y Ia., Jan, 11,—|Special Telegram to Tur B ~Dr. J. M, Emmert of this city, noted throughout westera Iowa, as one of the leading physicians sud surgeons, and physician of the Rock [slaud road, has been dear death’s door all afternoon. He inhaied from the palm of his hand & large dose of atropla by miftake for cocaine,«with which ne intended to relieve a severs attack of catarrh. Both bottles of mediciues were side by side on the perscription case in his drug store and he got hold of the wroag bot- tle. He rode 10 his vesidence and has been s -lurumu all the afternood. His L\a:v.h is ex pected at any time. ~AL7:50 p. m. his pulse was stronger and dwizn have sligat l{]upcs of his recovery. ATLANT Forty Degrees Below Zero, Rusnviire, Neb,, Jan, 11.—[Special Tele- gram to 'I'ng Bee, | -The mercury stood at 402 below zero this morniug et sunrise. At Pine Ridge, 5. D., it was 51= below. Six luches of suow fell nere Saturday, 12 892, ' DONNED THE ROBES OF OFFICE Major MoKinley Inangurated as Governor of Ohio. CROWDS ASSEMBLE TO DO HIM HONOR. | Introduced to the Assembled Peop Governor Camph; Happy Spee —The Innugural Address of the New Governor, Corvmprs, O,, Jan. 11,—William McKinley, jr., was inaugurated governor of Ohio today with a most imposing pageantry and number unexampled in tho state's history, Notwith- standing the severity of the winter weather the city was crowded with people from all parts of Ohio and large delegations from neighboring states, Tho legislature, supremeo court, state officers and members of the pross assembled in the senate chamber and then, praceded by Governor Campbell and Gover- nor-elect McKinley, marched to the rotunda of the capital, where a stand had been er- rected for the ceremonies, At noon, after a hapny introductory speech by Governor Campbell, the chief justice of “the supreme court administered the oath of oftice to Major McKinley, who then delivored his inaugural addres McKinley's Innugural, Gentlemen of the General Assembly: T approach the administration of theofiice with which I have been clothed by the people, deeply sensiblo of 1ta responsibilities, and re- solved to dischargo its duties to toe best of my ability. 1t is my dosire to co-operate with you in ovory endeavor to secure a wise, | economical and honorable administration, and, so far as can_be done, the improvement and elovation of the public sery Progress of Ohlo, The progress of Ohio in population and wealth between 1880 and 1500, as evidenced by the eieventn census of the United States, will be received by ths people of the stato with pride and sausfaction, During this decade the population of the state mcreased noarly 15 per cont, while that of municipalities, including cities and towns of 4,000 tnhabitants and upwavds, increasod 43 per cent. Tho assessed value of property in the state increased 16 per cont, and that of municipalities of more than 4,000 inhabitants 1ncreased uearly 27 per cent, In 1880 the per capita of the state debt proper was £3.13; in 1890 it was_only $1.04, Seventy cities and towns of Ohio of 4,000 inhabitants and over, with an aggrozate pop- ulation of 1,357,884 (or 38 per cent of the wotal population’ of the state), have reduced their municipal indebtedness until it is only $3.31 par capita. ‘Agriculture, whilo for a number of years depressed, shows in 101 an improvemert which is to be hoped will bs permanent. In Cincinnati, according to thereport of the De- partment of Agriculture, during the year 1839, wheat was 76 cents per busbel, while in 1801 it was 97 ceuts. Corn rose from 31 to 58 cents; rye from 57 to 74 conts; and other products of the farm show a like advance in prices. Mines and mining also show a healthful advancoment. In 185) the petroleum output of the state was 85,040 barvels, while in 1590 it was 12,471,065 barrels. ‘The coal outnut in 1850 was 6,008,505 tous, while in 1800 it was 9,976,757 tons. The vaiue of sandstone quarried in 1880 as $1,871,024, whilo jin 1800 it was $3,046,- 656, ‘The fish industry of the lake shores has in- croused greatly during the decade, Thenum- bor of persons actually employed in taking fish on the Ohio lake shores have increased from 925 in 1850 to 1,207 in 1800, or a little over 30 per cent. The capital invested in this fnddstry in mounted to $473,500; in 1800 it was $1,207.166 —an increase of nearly 153 per cent: and while there were but nine vessels engaged in this industry in 1830, there are 27 so engaged today. ‘Thero has been an_incroase in the mileage of railroads within tho limits of the state of from 5,055 miles in 1550 to 7,642 in 188 thewr main tracks—nn increase of 83 per cent, The cost and value of railroads and equipment hiave increased from $312,45 0 $303,583,847. The uumber of employe: gaged upou the lines in Ohio have Iucreasea from 29,495 to 75,578. ln 1830 the tonnage of freight moved within the borders of the state was 48,511,180; in 1880 it was 93,132,510—an &ncre:mo of 92 per c!:nl. " . % o Taxation, The people of the state, while submitting patriotically to all needed taxation for the public service, are in no temper for increased taxation. Their insistency is that all kinds of property shall bear equally the burdens of taxation. ~While this may ba 1mpossible to secure, the legislature should make the near- est approach to it possible. This is & sub- jeot which will require your closest atten- tion, and upon it I'invite your bost delibera- tion. Tt has ocourred to me that it might be well for the legislature to create a board to be called “The State Tax Revision Commis- sion,”” thut will take into consideration the whole subject of state taxation and the pow- ers of the legislature thereon under the con- stitation, and make uyortwthc present gen- eral assembly at the adjourned session. Jmproved Waterways, What shall be done with the canalst Shall they be abundoned, or shall they be maintained and improved! Every year the quostion becomes more pressing, Each annual controversy over appropria- tions develops a stronger oppositio. than the’ preceding one. Both the frienus and oppon- ents of the canals agree that the policy which has prevailed for some years past cannot con- tinue much longer, T'he canals have boeen preyed upon and allowed to go to ruin, and now every succeeding legislature refuses to appropriate enough money to put them in proper conaition. The question does not juvolve anpropria tions alone, but the modernization of public waterways. Not only experts, but the public at largo have arrived at the conclusion that if the canals are to be continued, there must be some well matured plun for their improve- ment io the interest of cheap una better traus- portation, Throughout the whole country there Is at this ume unusual attention being paid to the general suvject of waterways. Au increased activity in tho building and improvement of canals 18 noticeaole in somo of the most pro- gressive nations of the world—particularly where commercial competition is tne keenest. Of this, France and Germany afford con spicuous oxamples. In Eugland there are several vast suip cunal schemes under way and projection. This revival .of nterest in canals is true also as to & number of our sister states, Some states that have abandoned their canals now regret that action, and several are endeavoring to recover the franchise which haa. been disposed of to private indi viduals or to corporations. Canada is now seeking, by enlarzing and extending canals, to secure a lurgo portion of the grain carrying trade of this continent. 1n"this connection attention is called 1w a demonstration in Ohiv of the value of im- provement of water-ways, viz: the Musk- ngun river, navigation on which will be re- sumed in tho coming spring, 1t should ever be kept in mind that the canal xystem of Ohio represents frauchises and rights of way and privileges of enor- mous value. 'The aggregate length of the canals of Ohio is , miles, The original cost of construction was $14,340,572,50, There are also 20,600 acres of reservoirs which feed the canals --all publie property. The canal system of Obio1s a rich beritage to tho state which has been largely squad- dered. It is time to call a halt to the policy of disposing of the people’s property without adequate componsation. its for the people to say what they will do with thelr own, but they should have full in- formation before they forever disposs: themselves of Lwo such valuable franchises as those apportaiuing to the Miama & Erie caual and the Oblo cunul, Lbis is 8 watter of geueral interest to in | up | the state, it is manifest that they should DAILY BEE. JANUARY every section of tho state, and is ot limited | to the territory the piss. Before the people or the legislature can act 1 this important question with intelli gence and with a due regard to interests of bo 1n possession of more information than is now at hand, 5 It ix therefore récommended that, in addi- tion to making the usual appropriations for the canals, tho legislature cf te a body, with engineering, logal and business qualifica- tions,to make complete report as to the canals of Ohio—giving their origin, the rights of the stato as to title, their cost, the oarnings in the past and at prasent, their value as fran- chises for raiiroad or other purposes, as nearly as can be estimated, and particularly as to the possibility aud advisavility of im- proving thom and Increasing their usefulness to the people. Already there is in existence n body, which, it 13 suggested, coula with proprioty be en- trusted with this important work—the Canal commmission, The New Ballot Law, ‘The new ballot law, from my observation and information, meets with™ very gencral favor iu its scope aud purpose, although im- perfett in some of its features, ' 1t 15 a step in the right divection, and should not be touched except where it can be improved. It can, no doubt, be made to better se e ils purpose by amendmonts which experienco has already suggested. At the recent stuto election thousands of electors voted for thq candidates for governor of thele respective parties who were at tho head of the tickets, bolieving that they wero voting the cntire party ticket. Tnis occurred as to all the party tickets. The true intent of the elector was therefore not registored by the judges, for they wore required Lo couut such bailots only for the candidate oefors whose namo a cross was placed. Would 1t not be advisable to provide that there should be but oue method of marking ballots—namely, by requiring the eloctor to placo a cross-mark in front of the nume of every candidate for whom he desires to voto# The duties of county and city boards of clections should be more cloarly detined. . . * . - . Congressios Redistricting, You will be required under the new census o redistrict the scate for representatives in coogress. This will afford yoa an opportu- nity to arrange the districts with fairness to all. Make tho districts so fair in their rela- tion to the poutical divisions of our people that they will stand until a new census shalt be taken, Make them s0 impartial that no future legisiature will dare disturb them until 8 new census and a new cougrossionat apportionment will mako a change impera- tive, Iixtreme partisanship in their arrange- ments should be avoided. There 13 a sensc of fair play among the people which is prompt to condemn a flagrant misuse of party ad- vantage at the oxpense of popular suffrage, Partisanship is not to be discouraged, but oncouraged in all .ings where principle is at stake; but a partisanship which would take from the people their just representu- tion, as in the case of thoe con- gressional redlstricting by tho last leg- islature is an abuse of power which the people aro swift to rebuke. You must bave observed from the returns of the late olection that the party which carried the state by a plurality of ‘more than 21,000 and which received a plurality in fifty-one coun- tles out of tha eighty-eight in Oaio, carried but seven congressional districts of the twen- ty-one—the minority party thus coatrolling two-thirds of the congressional districts, and the majority party only onme-thied, It will be your duty to re-enfrancniso the citizens of Onio who were disfranchisea by the lasy legistative “gerrymander,” aud to restore to the people their rightful voice in the na- tional house of representativos. Freesuffrage 13 of little servica to the citizew if its_ force can bo defeated by lexislative machinations in the form of a “gorrymander.” The dis- triots should be made 50 as to give tho party majority in the state a majority of represon- tatives, and so avranged that if the pacty majority shall change tha representative ma- jority shall aiso chango. Responsibility of the Majority. The elections of last November have given to one of the political parties of the state an almost unprecedented majority in both branches of the legislature. So larze a majority will requira’ from every member of the dominant party the exercise of tho greatest conservatisim. I need not remind you that exceptional respo.sibility follows the great trust which' has been reposed in you by the people, who in turn will hold you to the highest and strictest accountability. Governor MeKinley and his staff and pety proceedod to the grand stand and reviewed the parade. The procession was composed of the militia, political, secret und other societies. through which canals LS NI ol READY FOR BiG REVOLT. Movement Sald to Have Assumed nidable pportions in Mexico, L, Jan, 11.—A private letter to the Associated Press from Monterey. Mexico, duted January 8, ““The government is keeping the sharpest watch on telegrams and letters to and from the United States, and oven on newspapers, to suppress all news about the Garza revolution; acd though the government pretends the movement s of very litle account and in some instances is directea against- the United States, yet it is wall known the movement has taken formidabla proportions, and throatens toextend, for dis- satisfaction reigns i1n manv states and hun- ger may drive people to desperation. Diaz, the Mexican consul at Laredo, hus roceived orders from the governmont to dostor all re- ports passing tarough his hands and destined for the United States. "The histories of Garza published so_tar in tho United States are all wrong.” He has always been either a school master or jour- nalist of considerable talent and though he mav b defeated and killed the revoiution will not end. Small bands will harass the government on ull sides_until the olection, when another strong effort will be maae, and thon tho con- servatives or clerical party may take a hand, The great question of where the monoy comes from for the Garza mouemont 1is solved by tho word “preying’—thut is they live off the land. Thoir arms snd horses aro their own property, and all hate the Central States. Though Garza is intel- ligent and brave, he is not the real leager of the moyement. The leader is one of the most prominent mon in that republic and ho 1s ably soconded by very prominent military, men and diplomats who will never tire uni- less killed or triumphant. What aids, or rather will aid the revolu- tionists, is ‘the general depression which reigns and which makes itself folt more and more every day, The prisons ars fall of peo- ple driven to crime by distress,and President diaz himself understands that' the situntion ical. Tho police are very active in tho search for leading conspirators, but they are meeting with poorsuccess, Towa's Legislature in slon, Dis Moixes, Ia., Jan. 11.—The lowa logis- lature convened this afternoon at2 o'clock. The house is republican by four majority. The democrats have t wenty-five in tho sen- ate, the republicans twenty-four and the independents one. George Wyckoff of Ap- pancose county will be temporary speaker and Heory 5. Wilcox of Polk county tempo- rary clerk of the house. W. C. Mitchell will be “permaneut speaker, Uaucusses will be beld after the tomporary organization this aftornoon, at which a full staft of suvordinate ofticers for each house will be selected. Leyans, 14, Jan. 11.—|Special Telogram to Tue Bee|—But little interest has been taken in the special election today to select & successor to M. G. Mills, resignad, The democratio tickot was the only one in tho fleld. ‘The farmers alliance candidate mado 10 Hght and the republicans made no nomi- nation, The vote was very light. Henry Schroetten was elocted, - Stightly Below, Graxt, Nob., Jan. 11.—[Special Telegram to Tuk Be.|—The mercury was 312 below 2610 this morning. About six inches of suow covered the ground, —epg o NUMBER 209. kS e e 20 HIGH EMBANKMENT, \F \Iroad Acoident Resulting fn and Injury to Many, COACH{ YKEN INTO KINDLING WOOD, Fire Adds Tts Terrors to the Wreok—A Broken Wheel Supposed to Be Re. sponsible for the Aceldont—List of the Killed and Injured, CruwrornsviLLe, Ind. 2 and 8 o'clock this afternoon the north- bound Monon train ran off the track about tywo miles uorth of hers at Nicholson cross- ing. The accidont occurred on a fifty-foot embankment, down which four cars rolled, the engine and ono baggage car keeping the track. The trouble is supposed to be due to & broken rail, The first passenger coach rolled over three times. It was full of passengers and caught fire from the stove, but all occupants es- caped alive. Thoe baggage and express car went over, but no one in it was severaly hurt. The ladies' coach was literally torn to pioces, as was also the parlor Horo was tho greatest damage. There was hardly a passenger on the train who escaped injury. Help was soon at hand and, in a few mo- ments, the road was full of the maimed on their way to town. There wero three theatrical troups on board, one of which, the City Club Bur- losque company, was complately broken up, nearly every mewbor sustaining serious in- juries. Jan, 11, -Between Killed and Injured, BEN HAMBURG of Cinclonath, a traveling man. MME. FINA VAN ROKEY, of the City Club company. The injured of the Ci'y Club company ares Mack Roarns, badly hurt in logs and back. Gus Rocis, back injured. SreLia CLirroy, legs and back. Herex Love, intornally injured. Conr Winte of Syracuse, N. Y., slightly injured about the head. Paxxie Evererr of St. Louis, internally injured. Ora LEwis, braised about tho head, Hueny C. Buvaxr of Philadelpnia, back sprained and head hurt. Manar Lanser of Ptutsburg, bead bruised. M. G, RurLeok, porter of the chair car, face mashed. C. N. Corxwe injuries. Jons Winsuzerer of Louisville, baggage- master, injured about the shoulders and roadmaster, Internal Gionge CUTIER, express messenger, of Louisville, internal injuries. W. N. Ssybes, newsboy, shoutder broken. WirLia Bisitor, vrakeman, of Lafayette, Ind., severely burned. conductor, hurt internally, LEY, orushed, will die. Bzra Hinss of Wheattield, left arm broken and right band cut off. Muis. ANN Hisns of Wheatlield, smushed. Dr. E. Wmtesipes, spine seriously frac- tured, Dave Marssury of Rome, N. Y., oyo gouged out, arm and leg broken. C. N. Cneexk of Greencastle, right leg cut off below the knee. Mr. Fox of New Albany, head cut and leg mashed. PavL ALLeN, head crushed. Tiosas MENACE of the opera troupe, hurt internally. I, Hoyy, side and back and head badly injured. c w. erushed. Eva Mansuary of Ellettsville, side and fuce crushed, J. J. Exwrigur of Chicago, knee and head hurt. MeLviy McKee of Chicago, head, hip and back injured, but not fatal. Joux Fousr of Crawfordsville, d of” Chicago, face Lovepes of Salom, log badly WiLLiay HaLL of Crawfordsvillo. J. M. Davinsox of Crawfordsville. Mus. BugyroaLe of Crawfordsville. WiLL Sy of Crawfordsville, Davin Joxes of Crawfordsville. Murt Bearry of Crawfordsville, J. K. SuLLivaN of Crawfordsville, A numver of thoso hurt lio hera 1n the city and several will probably die. The excitement has been intense and hundreds have visited the scene of the accident. It was one of the most terrible catastrophes that ever occurred on the road, The postal car went over, but Clevks Fox and Clark, while badly cut, are not sorlously hart. The scenes about the wrock aro heartrend- mg. Resouers aro now searching for the body of a little girl supposed to ba buried in the wreck. P - INDIANAPOLIS STREET CAR STRIKE. Police P ction Asked by the President of the Railway Compuny, 1xpIANArOLts, Ind,, Jan, 11, —The situation tonight regarding the sireet car strike remains the same as yestorday. Not a car was run over any of the lines during the day, although unsuccessful attempts were made, vesulting in the cars being unceremoniously hustled back 1wto the barns. The strikers used no violenco and conducted themselves in a quier, orderly manner. This afternoon & long conference was held betweon the mayor of the city and President Frensel of the company, The mayor asked bim if he would treat with a committes of the strik Mr, Frensel positively refused to do so, stating that he could get plenty of men to man his cars, us there were many o p- plicants from men in this city out of employ- meny, including twenty-five of the sirikers, whom, he said, would return when they were given police protection. He denidd the rumor that men would e imported to take tho strikers’ places. He addressed a lotter to the police commissioner during the day asking that proper police protection be given him as he intended running cars for the ac- commodation of the public tomorrow. The men are determined, and if he carries out his expressed intention it is feared that serious trouble will résuit. el FRANTIC POLES. Continue to HBeselge the House of Thelr Pastor in Pittsburg, Pirrssung, Pa, Jan, 11.--The trouble at the St. Adelbert Polish church over the dis- missal of Father Pitulski, on the south side, assumed u mwore serious aspect today and threatens at any time to break out in & secu- lar riot. Several tines the crowd around the parish house becaae so large and boister- ous that it was necessary to call on the car the street. Every time Fathers and Kalassiniski showed them- wd they ware hooted and ‘ather Piwulski's appearance wus the sigoal for wild cheering. Kather Micklewiecz suys the trouble was caused by jewlousy and disturbances on the purt of his late assistant, Ho also denied the story that I'ather Kulsssiniski spoke disparagingly of bis predecessor at vesterday’s Iueeting. - They police to ¢ Mickiowioe selves to the or hissed, while F