Omaha Daily Bee Newspaper, February 8, 1894, Page 1

THE OMAHA DAILY BEE. BLISHED JUNE 19, 1871 REPEALED THE LAW FPederal Control of Elections Wiped Out by the Senate's Action, PASSAGE OF THE HOUSE REPEAL BILL Democrats and Populists Join Forces and Vote for the Measure, STEWART OF NEVADA ALSO VOTES FORIT Why He Placed Himself in Opposition to the Wishes of His Party. REPUBLICAN EFFORT WAS UNAVAILING Eloguence and Logie Could Not Withstand the Weight of Numbers, and Fede! Sufeguards of the Ballot Were Removed—The Vote. WASHINGTON, Feb. 7.—The bill repeal- fng in toto ali federal laws regulating the control of congressional elections has passed both houses of congress and only waits the slgnature of President Cleveland to become a Jaw. After several weeks of discussion the senate today finally came to a vote on the house bill repealing the federal elections law and it passed by a vote of 39 ayes to 28 na Numerous amendments were presented by the republic but they were voted down regularly and methodically, the democrats not even taking éhe trouble to join in the debate on the amendatory propositions. Senator Stewart of Nevada voted with the democrats on every proposition, giving as his reasons, that he thought the power of the eXecutive was already too great and that the centralizing tendency of the age should be checked at once if the republic is to survive, The three populists, Senators Allen, Kyle and Pefter, also voted with the democrats on every amendment, as well as on the main bill. The measure as it passed the senate is identical with the bill as it passed the house, no committee amendments having been presented. The attention of cupied for fifteen minutes by Sen- ator Cameron of Pennsylvania this morning in the presentation of fifty or more petitions against the Wilson bill and the reading of each petition by title. They came from manufacturers, operatore and em- ployes, representing nearly every Penns vania industry affected by the proposed tariff reduction. Senator Cameron also presented an amendment to the tariff bill postponiig until January 1, 1896, the date propcsed law shall take effect. A resolution was presentel by Senator Dolph of Oregon reciting that the finance committee had refused hearings on the tariff bill to those representing the producing and labor interests of the country, and directing that all petitions, memorials and prote ts to that comm’ttee and the senate be printed as a senate document. The resolution went over under the rules. TOOK UP THE REPEAL BILL. taken up by Senator Hoar, republican, of taken up and Senator Hoar, republican of Massachusetts, took the floor in opposition to the measure. He said he was one of the five senators now in the chamber who voted for this law in 1881. The law had been approved not only by the republican party, but by a large majority of the American people. The senator sald the records in the archives of the capitol making up the history of elections in this country since 1885 show the blackest and worst history of crime since the world was created. When these reports are read,” said he, “blackening the falr name of this land, we must walk backward with averted gaze and hide our heads In shame. This is a question of whether the supreme pearl and gem in the crown of American manhood shall not have the strongest force on the face of the earth for its defense.” Senator Gray, in replying to Senator Hoar, raid these elections laws had In every instance promoted and aggravated fraud: instead of abating them. In the course of a colloquy between Sen- ators Gray and Hoar, the latter alluded to the clections of 1876, when the elections in New York were fair examples of the opera- tions and effects of those very laws. Senator Gray retorted by reading from the report cited by Senator Hoar another extract alleging wholesale frauls in Philadelphia in the same year, when the entire local and national governments were in the hands of the republicans. Senator Cameron interrupted, and after calling for the reading of the passage re- ferred to, sald: I happen to have a 800d deal of knowledge of the election of 1876. 1 was the secretary of war, as the sonator will remember. The elections in Pennsylvania that year were as ho as those in any part of the world. Th been and always will be, because we are an honest people. But there were some elec- tions In that year which were not so honest, and as secretary of war 1 had to interfere. The result was that Mr. Tilden did not b come president of the United States (Laughter.) In opposing the bill, Senator Allison « Towa said he had examined the democratic national platform and had not found the de- mand for the repeal of this law which some senators had alleged existed there, enator Danlel, alluding to the Davenport discussion of yesterday, presented the pub- lished testimony of the committee of investi- gation before which Davenport acknowl- edged, In answer to a question by Senator Hill, that he had recoived $6,000 or $8,00( rom the league members to be used in elec tion pr fons. After a few remarks by Senator Bate of Tennesseo took the floor in favor of the bill. The argument of tor Bate was that the chief object of the federal elections law was to capiure the electoral °s of the southiern states for the repub n candidate for the presidency and to re republican senators and reprosont- atives in congre he scheme had failed as all the other plots had failed, | Illance™ had deserted the republ ard. The states should be left f trol thelr own elections. Th of home rule, and home rule sagty for the republic. VOTED DOWN TH At ‘the conclusion of Senator Dut marks Senntor Chandler presented an ¢ ment, which provided that only s laws as provided for deputy Is at elections shall ba repaaled. The and nays being nd Mr Chandler's amend it was Jefoated by a vote of 27 to 40. Senator Stewarl of Ne. vada and Senators Allen, Kylo ond Poffer votlng with the democrats Chandler then prosonted un ment, the effect of which was to ap repeal sections of the bill o supervizors and deputy marshals, but to | n the statuto books the ‘“erimes” section, I ) i amendment will be satisfactory to the other side,” sald Senutor Chandler. “By it the various sections of the existing laws provid arshals and supervisors will be re ut we shall still have the crimes rimes ageist the suffrage in con with _congrossional will punishable 1 Statos courts. 1 tho yeas aud nays were | and this anendment, too, was defe vote being yeas, nays, 28, Another amendment was prosented by Mr. ndler, to restrict the scope of the repeal retaining a still smalier sumber of the senate was oc- nator Chandler, is the DME 1ok ch of amend ho statutes and by “orimes” yeas, 28; nays or Chandler then presented an amend- ment designed to retain certain provisions of the act of ¢ 21, 1870, and to this amend- ment, he gaid, he aske jal atten- tion of Senator wart After the senator from Nevada ald § ator Chandle had succeeded, as the grand champion of freedo in the senate chamber, in securing the a tion of the fifteenth amendment to stitut he followed it up by the this statute. He declared then a tional amendment was worthless un gréss made a law to enforee it. 1 tend to contribute his vote here to n a portion of one of the greatest lest acts of his life?" At the tife the bill was passed,” said nator Stewart, ‘“we had just passed through a civil war. We were in process of reconstruction. Many things were ne sary that are not now The states sert their rights. They must be upon the side of the peo; 1 don't think that they hs ¢ protection against the federal gov- ernment Auy special law that might be supplanted by a state law 1 want to see wiped from the statute books, This amendment was refected by a vote of nays. Sena of California ered an amendn the f ral elections law ap 0 or over, in stead of cities ¢ or over, as provided by the existing The amendm 27 yeas to 39 1 nts were Chandler and votes The vote was taken bill at 6 o'clock and it yeas to 28 nays. detailed vote is as the con- passa constitu- and Just as- 100, 28 yeas to 3 v Perkins nt, making able to cities of 2 t was rejected by a vote ay#, and several other amend- next presented by Senator were rejected by viva voce n the passage was adopted of the follows Mitelic More ar Palmer Yeas of Wis kburn, Butler, P Caflery, 1 Cail Roacl g Joues of Ark, Stewart, Ryle Veat Lindsay, Vi Martin, Vi Mills Gullingor, it Washiuen, a1 Nays—o8, After the transaction of gome minor busi- ness the senate went into executive session and at 6:15 adjourned. TAKES JUILE OUT OF PLUMS, Representative Stone’s Proposal Deci Distasteful to Consuls WASHINGTON, Feb. 7.—The plan of in- specting immigrants at ports before their cmbarkation to this country has been ap- proved by the house committee on judi The plan, as presented in a bill introduced by Representative W. A. Stone of Pennsyl- vania, provides that no alien immigrant shall be admitted to this country until he presents a certificate from the United States counsul at the point of debarkation stating that a full inspection of the immigrant has been made, and that he or =h is entitled to admission under the laws. The Lill further imposes on United States consuls tne added duty of inspection of immigrants. The plan is likely to cause a stir in the consular branch of the State department service, The bill imposes heavy responsil ilities on tie consuls at such lead- ing ports of embarkation as Liverpool, Havre, Naples and Hamburg, where the number of Immigrants to be inspected daily and to be furnished with cortificates would reach hundreds during heavy periods of im- migration. The bill makes no provisicn for extra compensation to the consuls nor does Mr. Stone, the author of the bill, think ex- tra_compensation will be necessary. “There are plenty of people to accept these desirable places,” says he, “with such duties as congress may impose upon the places. Thera would be no more need of in- creasing the compensation of the consuls for the added service than there would be for increasing the salary of a Jjudge number of cases before him in Mr. Broderick of the judiclary committee does not agree with Mr. Stone, and thinks that if congress carries out the plan of for- eign inspection an appropriation will be nec- essary for execution of the foreign emigra- tion service. Concerning the merits of the foreign in- spection, Mr. Stone says it will be far more effective than the present seaboard and bor- der inspection and will leve fewer hard- ships to immigrants. He points out that criminals can readily slip into the country under the present law, as inspectors at New York or clsewhere have no means of learn- ing the criminal antecedents of an immi- grant. But a fore'gn consul, conversant with the people about to immigrate, could more readily detect criminality and prevent the immigration of such convicts. He points out also that the present law often operates harshly in sending an immigrant back home after he has spent his money and time in crossing the ocean. Mr. Stone expects the bill to pass the house, as there is no party consideration involved and the measure is for the protection of the immigrant system. GEOLOGICAL SURVEY WORK. Some Interesting Figures ¢ ulled from John W. Powell's Annual Report WASHINGTON, Feb. 7.—Direclor John W, Powell of the geological survey has subm ted his annual report to the secretary of the interfor. It is a length: sists principally of technical d progress of the various 1t tific work. Photographic ed on In twenty-one states making 26,000 miles veyed during the year, The veyed since the organization of i uare ni s in forty-seven states and territories, Including 2,450 n Nobraska, 4,450 in Towa, 66 900 tn North Dakota and ! An investiga resulted document and con- otails of the anches of scien- were car- territories, area sur- area sur. the survey square the 0 in Kansas, 0 in South Dakots ion of the hydrographic forco In the tabuiation of some im- ortant figures, showing a growing interest in the subject of running waters of the country, steps are already being is stated, to use at least the smaller streams for water power and irrigation. - A rough computaiion based on the resuits of stream measurements and census f indicates, it is cited, that the running streams of the fen, when all are used, wil! have a vaiue of at least $600,000,000, For the topographical work elghty-seventh meridian under of Henry C nett $90,000 wa same amou for the work wes! hundred-and-third meridian reotion of A. H. Thompson An additional $60,000 was allotted for work in the two 1 Kansas and Oklahor The division of Ilus at the openiug of th ganized with a force ¢ total expenditures year amous has cast of the the direction ted and of tho one: the di ns wos dissolved I persons. urvey for year the The th L HAND, - TAKE L War Ships t mand Liv's Restorath SAN PRANCISCO, Feb. T.~A eopy of th an Daily Herald, which urrived here last nigkt on the steamer Peru, cont an wdi toriz) on the Hawailan question to President forming Is to SAPAN MY Mikado Adyi De- queen of Hawail to | proyed by b threo or four Ja Honolule with a pere restoration of the hes the right 1o in of Japs ou the istaud provisions, but this, too, was re- ! OMAHA, THURSDAY MORNING, THEY UPHELD MR, CLEVELAND | gentleman has voted the chair does not think it competent for & member who has &0 voted to withdraw fhat!vote save by unani- mous consent And it has always been so held,” added Mr. Bland of Missour!, hotly. “When the gentleman from Maine (was in the chair he counted gentiemen &8 voting against whether they voted or fot." Finally, by fmous _congent, 3 was de- cided to have another gpil call on the resolu- tion and the speaker® decision was with- drewn When it became apparent on the second roll call that the democrats would have a quortum the republfcans voted against the resolution and it passwd—yeas, 177; nays, 67. The vote was then taken on Mr. Boutelle's resolution and it was lost by a strict party | vote—ot to 161. This is the resolution Mr. Boutelle has WASHINGTON, Feb. 7.—By a vote of 175 | been trying to get a hearing on for the past the house today adopted the resolution | few weeks. The act nl\)vv( the democratic condemning Minister Stevens and sustaining | Majority in insisting on first considering the e e Aertapinily vented it being voted on before today. republicans filibustered against it to the end. | ~{mmediately on the announcement of the Upon the first vote the resolution was carried | vote, Mr, Bland called up his bill directing the secretary of the treasury to coin the silver seigniorage In the treasury, and moved the house g0 into committee of the whole for its cc ation Mr. Tracoy of New York raised the ques- tion of consideration. Springer made the point of order that the question of consideration could not be raised. The speaker sustained the point, explain- ing that the purpose of the oppos to con- sidering the bill would be subserved by vot- ing against the motion to go into committec The motion (o go Into committee was lost Some of the eastern democrats joined the great bulk of republicans and refused to vote On motion of Mr. Bland a call of the house was 1t developed the pres- ence of 245 members. Proceedings under the call were dispensed with and Mr. Coombs of New York moved His Policy Toward Hawaii Endorsed in the House by a Narrow Majority, un PASSAGE OF THE M'CREARY RESOLUTION Many Democrats Refused to Vote and Voted Against it-Tracey Filibuster Agninst the Seignior= age Colnage Bill, Starts a questl of 179, vacant held the quoting in support of his position a review of the subject made by the ex-speaker in the first congress. His position, how- ever, was warmly contested by some of the democratic members, and it was final agreed to take the vo over again, o the ruling was eventually withdrawn, The Boutelle resolution was defeated by a strict party vote After the voting upon these resolutions had been completed Mr, Bland of Missouri nade an attempt to get up his bill for the coinage of the silver seigniorage in the treasury. The eastern democrats, led by Messrs, Tracey and Cockran, inaugurated a filibuster, in which they were joined by the majority of the republicans, although a few of the latter indicated by their votes that they favored a consideration of the bill, and for four hours Mr. Bland and the remainder of the democrats were held at bay SHUT OFF LEAVES OF ABSENCE. Finding that it was impossible to secure a quorum to proceed with the consideration of the bill, and that the house might be dead- locked indefinitely upon the proposition, Mr. Bland directed his efforts toward securing the adoption of a resolution to .revoke all leaves of bsence and to instruct the ser- geant-at-arm to arrest absentees. After a persistent struggle, which lasted until o'clock, Mr. Bland was successful, and the resolution was passed. In order to malke it still more effective, the order was made a | voking all leaves of absence and instructing continuing one until vacated by the house. the sergeant-at-arms to take into custody Immediately after the 'reading of !the | absent members and bring them to the bar journal, the chairman of the committee on | of the house. In ordér to make the resolu- appropriations reported the urgent de- | tion more effective it Was made a continuing ficiency bill and gave notice that he would | order until vacated by the house. Then, at call it up tomorrow. 7 o'clock, the house adjourned. Mr. Patterson of the committee on elec- tions gave notice that he would call up the E O'Neili-Joy contested election case on Mon- instead was not a quorum, four seats being deaths. The speaker majority of the members of house then living constituted a quorum, on account of that a This being defeated without a division the vote recurred upon Mr. Bland's motion to go into committee of the whole. It resulted 154 to 4, still no quorum. Mr. Coombs moved to adfourn. on a rising vote—104 to 192, Mr. Bland was, however, resolved to con- tinue the fight, and demanded the yeas and nays. The house refused to adjourn. Mr. Bland then moved a call of the house. It was carried on a rising vote—93 to 7 Mr. Tracey demanded the yeas and nays. The call was ordered by a vote of 170 to 62. Mr. Wise of Virginia moved to adjourn and roll call followed roll call in quick succession, each call developing the fact that members were slipping away, but at last Mr. Bland successful in passing a resolution re- It carried XISTING TREATIES WILL STAND. Wilson Bill Does Not Repeal Reciprocity Arrangements Already Made. WASHINGTON, Feb. 7.—Fears have been expressed that the repeal of the reciprocity clause in the McKinley act, accomplished by the late amendments to the Wilson bill, might have the effect-of abrogating or limit- ing the reciprocity treaties already in exist- enca between this country and several South American repubiles. But it is pointed out that the bill - contains the following clause limiling the esitent of all repeals. “The repeal of existizg,.laws or modifica- tions thereof embraced in this act shall not affect any act done, or any act accruing or accroed, or_any suit or proceeding had or commenced ‘in any civil cause before the said repeal or modifications, but all rights and liabilities under said law shall continue and may be enforced in the same manner as if said repeal or modifications had not been made.” Representative Hitt, who was closely identified with Mr. Blaine in the develop- ment of the reciprocity treaty, says the foregoing proviso applies only to the pend- ing suits on the appraisal of merchandise. He thinks the repeal of the reciprocity clause will terminate the negotiations wth Venezuela, but will not affect the treaties with Brazil, Spain and other countries which were fully completed and procleimed. These treaties were brought about mainly by the feature of the reciprocity law which per- mitted the president to make commercial retaliations against such countries as failed to comply with the reciprocity treaties with this country. Now thfs power to retaliate is withdrawn, there will be nothing to re- strain the treaty other than the good will and c:mity of other nations. — —— FLOUE OUTPUT. Mr. Mc resolution. Mr. Reed, pursuing his filibustering tac- tics inaugurated yesterday, made the point of order that when the house adjourned last night it adjourned pending proceedings enforce the attendance of absentees. He contended that the proceedings under the call did not terminate with adjourn- ment, and that the only thing in order was the report of the sergeant-at-arms; or, if the chair held that all proceedings were terminated by adjourament, it also va- cated the order revoking the leaves of absenca, and instructed the sergeant-at- arms 1o telegraph for absentees. If the latter order was carried out, then the ser- geant-at-arms had cxceeded his authority in executing the order, and lis actions should be examined, He offered the speaker either horn of the dilemma. The speaker overruled the point of order, holding that while all procedings under the call terminated with adjournment, the order revoking leaves of absence executed itself. DISCUSSED AN IMPORTANT QUESTION. The roli was then called on the adoption of the McCreary resolution. The republicans sat silent in their seats, If the resolution was to be passed they resolved the demo- crats should procure their own quorum The speaker announced the vote as 17 3—no quorum. Mr. Springer_raised the point of order that although 179 members ordinarily would constitute a quorum, as there were four va- cant seats, 177 was a fjuorum. Tiis was a most important parliamentary question, said Mr. Springer, who called the attention of the house to the fact that in the Thirty-seventh congress, when several of the southern states_failed to send members, it was beld that a majority of the members elected constituted a quorum. Mr. Breckinridge of Kentucky maintained that the question before the house was of far graver import e than the passage of any resolution expressing the sense of the house on_the Hawailan matter. Ir. Reed, during the course of Mr. Breck- inridge’s remarks, called attention to the fact that a majority of the members of the senate constituted a quorum. Mr. Bailey of Texas came to the rescue of the speaker and made a strong argument in support of the involved ruiing. *“No immedi- ate party advantage,” said he, “can justify an improper decision on a point so vital as this.” He then proceeded to argue that the practice of the ruling turned on what c stituted the house of representatives, maintained the members constituted house. One of the most important matter: that could be submitted to the vote that of passing a bill over the president veto. The constitution required two-thirds to carry a bill over the veto. He cited an instance during the administration of Presi- dent Polk, when Mr. Bell was speaker. On motion to pass a bill over a veto the speaker held the house, within the meaning of the constituti consisted of its actual mem- bership. At the reary then called up his Hawaiian to What the Mills of the Northwest Been Doing for the Past Week. MINNEAPOLIS, Feb, 7.—The Northwest- ern Miller = There was another small Have quatity ground was 115,800 barrels, 108,950 barrels the week before, and barrels the corresponding week in 18 Tuesday there were twelve mills in opera- tion, producing at the rate of 19,500 barrel per 'tw our hours, but it is not likely this gait will be kept up all the weck. The water power is troubling some and two mills now on the active iist will probably stop about Wednesday night, cutting off 2,000 barrels daily from the figures nem The shortage in water necessitates the use of more st About all that can be said of the flour mar- et Is that somewhat more orders are com- ing in. They are 100 often secured at cost or even below, the miller figuring that it is better to accept a small loss rather than shut down. The sales last week were 000 barre Most of the business came from domestic points outside of the big trade centers. The export trade continues very meager. A limited amount of bakers were worked, but buyers are usually 6 pence under the views of millers. There is a difference of about 2 shillings on patents. The high cost of cash wheat necessarily keeps the price of flour pretty firm, and buyers seem to be less 1 clined than they formerly were to gauge thel operations by their offers. The outside mills of the northwest appear to be selling a little more flour and are grinding somewhat more strongly. Low grade flour and feed are in good demand in this country at fair prices, and this helps the miller out a great deal. Of the mills at Supérior and Duluth the me paper sa As the one mill in op eration last weck ran on only one-half time, the ontput amounted to but 6,500 barrels. conclusion of Mr. Bailey's speech, which was listened to with marked atention, Mr. McCr suggested as the best way out of the difficulty that unanimous consent be given to take the roll call over again. No objection. DRUMMED UP A QUORUM. “The chair withdraws his ruling,”” sail the speaker, “and the clerk will again call the i roll upon the adoption of the resolution.’ ough democrats appeared upon this roll call to make up the quorum, and when it ame apparent a quorum would be secured the republicans began voting. The resolu- tion was carried, 176 to 67. As on yesterday Mr. Cummings, crat, of New York and Mr. Geary crat’ of California declined to vote. Sickles, democrat, of New York who ed against the resolution, wa: today. Mr. Cockrell, democrat, w2, who refused to vote yesterday, voted for thie resolution. Mr. Daniels, republican and Mr. Adams republican, voted against the resolution Just before the vote was anuounced; Mr. Cummings of New York, standing in the arca in front of the speaker's chair, stated that he desired to vote to make & quorum. Was the gentleman in the hall of the house and failed to hear his name called? kel the speaker. 1 was,”" replied Mr, The speaker directed the clerk to call Mr Cummings' name. He did so. “1 vote no," answered Mr. Cu with great emphasis Mr. Adams asked the privilege drawing his vote on the ground voted under a misapprehension I object,” shouted Mr. McCreary The speaker held that the vote could not e withdrawn, except by unanimous consent Mr. Reed challenged the ruling, claiming that it had never been so held before. The rule is clear,” sald the speaker the gentleman from Maine will reflect the rule for a moment—'" gentleman from Maine on the rule several minutes, sarcastically “If the gentlemen who have not reflected 1, will give their attention,” continued speaker with some vigor, “the chair will that the rule requires that each mem ber sball vote until excused, and when a demo- demo- mous London Edliors Private Advices on Gladstone's Rumored Resignation. CHICAGO, Feb. T.—The Inter Ocean says that a private cablegram in from- London contains absolute assurances that the rumored resignation of Mr. Glad- stone as premier of England will soon be an accompiished fact. ~Editor W. T. Stead sald last night, that he had received mes sages that loft o doubt in his mind as to Mr. Gladstone's Intention to resign Wanted imbezzlement . DETROIT, Feb. 7.—Bank Examiner Cald- well has sworn out a complaint for Frederick Marvin, ex-cashier of the Third National bank, on the charge of embezzlement in cg nection with the conversion of certain notes to his own use last March. The alleged of fense is an extraditable one and it is thought that he will be in the tolls within a few hours, although he cannot now be found. The facts alleged are similar to those charged in Marvin's recent troubles regard- ing alleged conversion of notes to his use. Movements of Ocean Steamships Fe At Scilly—Sightea—Paris, New York to Southumplo < At the Lizard —Sighted—Eums, ork At New Haml g, Chicago Cummings. Mings, of with- that he 01 on *The has reflected said Mr. Reed from New York—Arrived—Rbaetua , from FEBRUARY 8, 1894, GETTING IN SOME EVIDENCE | . Trial of Bishop Bonacum Proceeds to the Taking of Evidence, FATHER CORBETT IS ON THE STAND o8 n History of th. Himself the Diocese - Bishop Differenc Superior and of the anneil's Judg- nt in the Case. LINCOLN, The larger Bishop ges Feb. part Bonacum preferred 7.— al to The Bee.) of today in the trial for criminal libel by Father Corbett Palmyra taken up by the attorneys on both sides. The attorneys for the bishop attacked the jurisdiction of the civil over matters ecclesiastical and the question was argued at great length on both sides, their baing apparently no lmit to the versatility of the attorneys, who quoted ecclestastical law with the volubility as they did the civil forencon Father Phelan again bitter argumentation against thus lending a sensational feature trial that it otherwise might not have sumed, After Attorney St for Fathe: Corbett, had presented the legal aspects of the case, quoting many authorities to prove that the civil court had jurisdiction over the ase Phelan commenced laid especial stress ‘ather Corbett had by the bishop as the of upon of guments of same During the renewed the bishop, to the as arns at athe his disquisition. He upon the fact that never been suspended latter had asserted in his communication to the Palmyra parish. The St. priest argued that if it could be proven that the bishop had suspended Fathor Corbett then he would have been acting in accordance with his ecclesiastical prerogatives in communi- cating the fact to the members of the church in Palfiyra, and in that case, he admitted the civil court would have no jurisdiction. “But,” continued Father Phelas defy Bishop Bonacum to show to this court that he ever pended Father Corbett When did he suspend hin By what act by what scratch of the pen did he do it? issue, Louis we He cannot produce a written line to prove | his assertion. We have his letter in which he claims to have done it, but when did he do it? Father Corbett has never down to the present day received notice from the bishop of his suspension. We defy the bishop to show a writing over his own sig- nature affecting Father Corbett's su pension. We defy him to go to the telegraph office and show a mes- sage in which he announced to Fatier Cor- bett the fact of his suspension. We defy im to go the telephone and show that he invoked its use to suspend Father Corbett We defy him even to go to his own official archives and we challenge him to produce a line from them by which he can substan- tiate his claim that he suspended Father Corbett. How, then, did he do it? Why, simply through his hat. €IVIL CQURTS AND CHURCH LAWS. Continuing, Father Phelan maintained that civil courts” were entitled to liold church organizations to the strict observance of their own laws. The Catholic church, he asserted, hiad its laws for its own govern- ment, and its laws comprised the most com- plete system of jurisprudence the world has ever witnessed. " The ciyil laws theinselyes were founded upon the canonical law as pro- mulgated by the Catholic church. In the present case, he argued, the bishop had not observed the laws of the Catholic church The counsel on the other side, he sald, h set up the plea that they did not want any interference from the civil courts. In effect they said, “‘we have a little King liere of our own, for whom there is no law.” He contended that the laws should be equally en- forced against the kings and bishops when they transgressed. 1In concluding he pald his respects to the attorneys for the bishop and warned them to be more civil toward himsel? and to the bishop he said that his little kingly crown would not be accepted as se- curity for costs by the court. In summing up the argument Mr. Sawyer closed with a denunciation of Father Phelan, which created cons'derable diversion in the court room. He denounced the St. Louis clergyman for presuming to argue upon the points of law in the case and in going entirely beyond his province in abusing the bishop in an uncalled for manncr. Mr. Saw- yer said that, judging from the utterances of Father Phelan, the case at issue was not one brought against Bishop Bonacum by the state of Nebraska, but rather against the bishop by the state of Missouri. 1In concluding he painted Father Phelan as the personification of the venom that cam ani- mate the human tongue and mind. The court took an adjournment until 2:30, and, upon reassembling, Justice Spenser beld that the civil court had jurisdiction over the case and dirccted that the taking of testimony be commenced. BETWEEN BISHOP AND PRIEST. Father Corbett took the stand immediately after the midday recess and his examination commenced. From his testimony the partic- ulars of the old and long standing contro- versy between himself and the bishop were glven to the public for the first time, and they go far to explain the bitterness be tween the two men. The first official letter indicating the trouble between the bishop and the priest was one written in the year 1591, in which the bishop cited Father Cor- bett to appear at St. Theresa's parochial school in September of that year and show cause why he should not be sus- pended from the ministry for reasons ccified in the letter. The citation in- cluded a list of the misdemeanors charged against the priest, the dates upon which they were alleged to have been committed the names of the aitnesses. Among the misdemeanors alleged were those of drunk- enness, visiting saloons, profanity, conduct unbecoming a clergyman, conspiracy to in- jure the good name of the bishop and claim ing to have in his possesion the knowledge of certain facts reflecting upon the morality and personal character of the bishop. Father Corbeit's testimony brought out the fact that two trials were held upon the above charges, the first being before Bishop Bonacum in Lincoln, and the second before Bishop Sc in’ Omaha. At the first trial Bishop Bonacum found a verdict of guilty, and the trial before Bishop Scannel at Omaba was in the nature of an appeal, in which the judgment rendered by Bishop Bonacum was reversed. In proof of this fact the following official statement was offered in evidence BISHOP SCANNELL'S JUDGMENT. “OMAHA, Sept. 17, 1891.—Judgment in Rev. M. J. Corbett before the commission of investigation of the dlocese of Lincolr *“Having reviewed the evidence in t I find the procecdings before the commissior were gravely irregular. In the first the right reverend bishop of Lir not have presided at the investigation ing no locus curiac Secondly, the disbarment of defendant’s attorney was improper and arbitrary. 1 do not find & particle of evidence to justify such disbarment, which in any would be solely within' the province of Judge aving jurisdiction in the In the third place the greater part of the evidence for the prosecution comes before me without proper authentiction and must be ruled out. Only the evidence of C. E. Bab- cock and Richard O'Keeffe Is presented in proper form, and although this evidence shows (hat the accused has not been always as wise or prudent as e ought to be, never theless it does not for the infiiction of any coclestastical censure, even if the In formalities, of the trial did not forbid a sen tence of cbudemnation In the fourth place the mitted by the prosecutor to be incomplete and lastly the justices did not give their opinion according to law governing such in vestigations, Thercfore the s hay minutes are ad SINGLE COPY FIVE CENTS. 2 s made against Rev “ yoen sustained, {ARD SCANNELL, Bishop of Or Judge in the a case." CORRESPONDY After the readin the above state another contentt among the lawyers » its admission rable argu. its FROM SATOLLI ment it was admitt e torneys for the b awuthenticity and ing this came a letter ather Cor ett from Satolll. The ag red the bishop in latin to revoke e of sus pension, whereupon the Father Corbett to the followin “I am to inform vou that I Instructions from the apost te to remove the tentence of yension, and while I consider his actic t extraordinary yet it gives me ure to comply with request fore 1 re the suspension under which have la boring since the 17th instant.” After further argument this le also admitted in evidence and the court ad Journed until tomorrow morning lave fved ree great The ve th ter was GHLIN'S CASE. an Adjournment nounces that it Wil Soon K CHICAGO, F The end of the Coughlin trial is unexpectedly At the opening of court today Judge the defense moved an adjournment until to morrow and the de testimony was about c “Only a few fense will rest Before to look over our eviden be Furthermore, I and not able to conduct the case today Judge Tuthill granted the adjournment upon the recommendation of Assistant State's Attorney Bottum After the court room had been Coughlin, his father and wife, together with Judge Wing and Attorney Donohue, held a long cousultation. The questions were earn- estly discussed whe! or not Coughlin should take the stand in his own defense, and whether or not the testimony for the defense re'ating to Martin Burke and por- tions «relating to Patrick O'Sulifvan should be omitted. The maiter was left largely to the decision of Mrs. Coughlin, the faithful litle woman who has ben in constant attendance at the trial. Coughlin's father was also appealed to frequently by ths a torneys. The prisoner himself had littie to say, and was evidently trusting to the judgment of others After the consultation, the that the matter of Coughlin stand was still in doubt. - RL KILLED. and An- t. famou near at hand. that ipleted, iin before the ' sald the attorney. a day in which if 1t can- am i1l announce days ren its case not Lortened cleared, her attorneys said taking the on at India Narrow Eseap INDIANAPOLIS,, Feb. 7.—An explosion of natural gas in the cellar in the saloon of Louis Kurrchler wrought sad havoc a few nutes before 1 o'clock this morning. The building was located at 485 Madison ave The family, consisting of the father, mother and four childre were in bed when the explosion occurred. It was caused by an escape in the supply pipe. The building was reduced (o a mass of debris and particles were scattered for hundreds of yards about the nelghborhood. ROSA KURRCHLER, aged 13, was in- stantly killed, her neck having been broken. polis—Some Charles, two years younger, was seriously injured. Louis, Julius and Lottie were also slightly injured. Julius, a son, was thought to have been lost, but was rescued after digging his way partly out of the wreckage. The monetary loss is small. ———— IWO SLAL ite and Prolonged Fight Arising from the Turner-Howard Feud. BARBOURSVILLE, Ky., Feb. 7.—A des- perate fight occurred at Mount Pleasant in Harlan county Monday night, in which Will and John Turner were killed by Dr. William “Nollin, a prominent physician of that city. Dr. Nollin walked into the shop, and seeing John Turner in the shop, told him he would kill him. Both men began fir- ing. Turner fell dead. lin by this time had _ exhausted the loads in his pistol. Wil Turner, an uncle of John, arrived and attacked Nollin. Neither had pistols, but used their kniv They had struggled over considerable ground and Turner was wounded when they got into the middle of the street. John Turner is a son of Judge George B. Turner, a prom- inent attorney. It was John Turner and his brother who led the Turner side of the famous Howard-Turner feud in Harlan county a few years since. Will Howard, the leader of the other side, was hanged in Missourl the 10th of last month. The trouble is thought to be a renewal of the old feud. Desp ———— New Telephone Company at St. Joe, ST. JOSEPH, Feb. T.—In accordance with the_program outlined at the meeting of the Harrison Telephone company in Chicage vesterday, 1t has established a local company in this city and will put in a complete tele- phone system here. The ipany is lrnown as the Cit ng Telephone company and has been granted a franchise by the city council Of the local company M. M. Riges, late cash- fer of the Central Savings bank, is pres dent, and work will be commenced cn the line at onc Connections will be established with similar_systems which will be organ ized in neighbori; DENVER, T tery continues Carr is still but there is her. oday & an unchaste wol rigge, but denied husband's mur to baff in custody ag yet little frs Jail, the police. at the county excuse for hof confessed she had b an before and after mar- being implicated in her There was 1o insur- ance on Carr's life, the two policies for $10, 000 having been allowed to lapse some months age. There is now some doubt whether Carr ever divorced from his Baltimore wite. m LAND, Feb, gathered ze a Na CLEVE twenty states today to assoclation tlon will be tion and the 5 generally Amos of Vi, acted Jorary ol agreeing tha t she wed two delegate Delegates fr the ' m housa onal of org Dairymen's The object the mir hetterment H. N rganiza inforn GUTHRIE run with t 0 woman daylight. Half from the frelgh lars worth of grocerics from Kaylor & McD Myers' dry goods hou several pe robbed last few night e e Proposed dewish Sy LS, 8. D Dk Levit He I om any and proposes o fouud & syuagogue The He the is an lirect ved in euce of the | at Deadwood, RAY THE GAUNTLET Passage of the Forts of Rio Harbor by th Rebel Cruiser Aquidaban, RECKLESS DARING OF THE INSURGENTS Though Stormed at by Hundreds of Big Guns the Bay is Entered in Safety, POOR MARKSMANSHIP ON BOTH SIDES Alth Over 300 Shots Wers Fired But Little D FURIOUS FIGHTING FOR A SHORT TIME ALl the Batteries A " ng the Shore n d on the ltops Awakened Into Spitefal Activity— A Thrilling for the City. RIO DE JAN P t days or more day by a furious er Aquidaban and the forts, followed by an at= tack by the rebel fleet- on the batteries in possession of the government and upon the shore of the city day another fight and Ponta da Arrea. The fighting only lted in the killing of four and the mortal wounding of a fifth were all citizens of Rio. The rebel I any, is not known, RO, Feb. 7 hich prevailed The for interrupted yester- coma lere ten was rudely unter between the defense ater took place at Santa in the Anna however, res men Theso it It had been rumored for several days that the Aquidaban had returned from the north and that she was waiting outside the bay for a good chance to run In. Consequent the force of the government and the rebels were on the lookout and prepared for any opportunity that might present itself. In spite of itself, the arrival of the Aquidaban was something of a surprise to all The night of January 11 was unusually cold, udden squall lashing the waters of the bay and coast into white caps and leaving behind a heavy low lying fo; Under cover of this the Aquidaban approached and was almost under the ow of Fort Santa Cruz before she was s This was at 4:20 a. m., about 1 hour before sunrise. In- stantly the fight began from Fort Santa Cruz, and a moment later Fort § John Joined in the fight Littlo Fort Lage, further inside the bay, also sent her quota to increase the hail of missiles which rat- tled around the daring laban. At that range, however, not a shot reached its mark, an without making any , th black ip passed silently on into the narrow channel between the fortresses, Fort Santa Cruz, not 300 yards away from the Aquidaban, worked its guns furiously, sending a plunging fire upon the decks of the warship. Fort St. John, & mile away, sent its projectiles against the rebel ship’s broadside, and Fort Lage swept her decks with a raking fire. A suip could hardly be put to a more severe test, and yet the Aquidaban passed rapidly on, ap- parently uninjured by such shot as struck he The shots all gianced m her sid When just opposite Fort Santa Cruz, in the marrowest and most dangerous place, she seemed to awake. From her huge guns firc spurted ont and their heavy projectiles flew forth against her enemy. Fort Vil- legagnon, up the harbor, now came into action, and by her rapid fire attempted to draw off attention from the Aquidaban. For half an hour the fight continued, until at last the Aquidaban dropped anchor along- side the Tamandare out of range of ail hostile batteries, POOR MARKSMANSHIP, Perhaps 200 shots had been fired ranges from 600 yards to two miles with guns of from 9-inch caliter down to 02- pounders, yet, so far as can be learned, ab- solutely no damage was done. The Aquid- aban, though struck heavily several tim was practically unhurt, while not a single shot either from her batteries or from Fort Villegagnon struck any of the government forts. Later the Guanabar, one of the rebel tor- pedo cruisers, opened fire (at 5:85 a. m.) on the shore batferies crected to proteet the cus- toms house. This was answered from the shore, but neither side seemed to do much damage. A little later,Cobras island and the cruiser Trajano joined the Guanabar and still later the Libertade, with Admiral da Gama's flag flying, also came into action. The latter, however, contented herself with firing three heavy projectiles, which passed over the shore defenses and buried them- selves in the ground. The fatalities reported were caused by the explosion in the city of a shell fired by the Guanabar, which killed four men, namely: Pedro Mainetti, policeman; Miguel de Jesus Gadalara, a shoemaker; Amerizo Duarto, an apothecary; Manuel Gonzales de Silva, & medical student. The fire ceascd after a while, only to be renewed at p. m. against Santa Anna and Pouta da Arrea. It was replied to by the batteries there mounted and by those at Madama and Dovello. The action was de- sultory, little damage being done. This was a good day's fighting for Rio de Janeiro. Later in the eveniug a few more small shots were fired Into the eity and an un- Kknown man was badly injured Admiral Julio de Novoueha command of the government's bere and elsi re at has assumed naval forces Gama and Mello Are Good Friends. BUENOS AYRES, 1o, from Rio deny the of Qis- putes between Admiral de Mello and Ad- miral da Gas Admiral de Mello will ai- e land atlc {nsurgent until Santos capturcd. that he will resume command of naval squadr ident Peix all persons whon Advices de Janeiro reports the has n the rect 1t} forces After the op fuues to throw into he believes hostile to and his cause, including forelgners The Rio harbor will remain on the defensive until reinforcements ar rive from the south expected shortly urgents in oo ure Atkinson Drug ATKINSON, Neb., IFeb, gram to Thie Store Cloked. (8pecial Tele- the A, B. ning doors of closed this This st drug hor antl will probably mere than cover tha asscts, Mr. Forney, who s & druggist here, is the principal creditor litles inst fered from o to \ount Judge L for hig® secure MeNamara's Ca Fel - du's Legislature. In spite of th Color VER, Feb DR Nlatory mejority, arly adjourn- today kilied over house. The school 1 s for thy OSEPH, Feb. T §2 bonds for new Ings in this city, carried by more than two- thirds ma yesterday. The bonds will be lesucd as soon as they can be prepared. s, 1al election hool build- 8.