Omaha Daily Bee Newspaper, June 9, 1894, Page 9

TWELVE PAGES THE OMaAHA DAILY BEE. TWELVE PAGES STABLISHED JUNE 19, 1871, CRITICIZES THE MAJORITY | Boatner's Strictures on the Federal Judiciary Reviewad by a Oolleague, STONE'S MIXORITY REPORT ON ENKINS consistencies In the Committee's Recomm Would the Question of the Validity of the lu- June.lons to the Courts. Claims wdations Leave WASHINGTON, June §.—Representative W. A. Stone of Pennsylvania today submitted A minority report on the recent Investigation by a subcommittee of the house judiclary committee of the famous strike decislon of Judge Jenkins, The report is signed by Repr tives Stone, Ray of New York and Powers of Vermont. After reviewing briefly the history of the injunctions s by Judge Jenkins, the subsequent proceedings under them, and the institution of congressional investigation, the report says: ‘It by the testimony taken by the s mittee house Jjudiciary that the employ stood the injunctions to prevent them from leaving the service of the railroad in any manner without the con- sent of the rec A motion was made before Judge Jenkins to modify the terms of his orders, and in an opinion filed, which is published with the testimony in this case, he disclaims any intention by his injunction to prevent any of the s from quitting the service of the o, in cabie, decent or reasonable “In_his opinion he ne will dis pute the gene proposition of the right of every one to choose his employers and to determine the time of servige or conditions or his right to abandon such service, peace- ably and decent.’ *“An appeal to the court of appeals of that district from these injunctions granted by Judge Jenkins was taken, and the same is now pending with the expectation of a decis- fon within the ncar future.” “The committee has reported at some length, taking fssue with Judge Jenkins . Bolely upon the law of the case and holding that he committed gray gullty of an ubuse of le; submitted a resolution for adoption by the house and also recommending a statute pro- hibiting the enforcement of specific perform- ance of labor contracts by legal process. “As the minority dces not represent the governing power of the house it does not feel called upon to indulge in any afirmative proposition in relation to the subjcct matter of the report. Its recommendations would have no power, and, therefore, it is not worth while to make them. The labor ques- tion in its relation with railroads is one full of complications because of the public inter- est which intervencs. In ordinary cases be- tween employers and employes, the public have only a remote interest, but here they have a direct one; not only free passage from place to place is prevented, but supplies are cut off and business paralyzed. On the one hand it is for nobody's interest to cripple the railroad owners, for injury to them when made systematic and general would be death to all improvements and a hindrance to other railroad building; on the other hand, men are entitled to a fair wage in the settle- ment of the amount of which they must have reasonable combined voice. It must be still further said that some method of adjustment must be had which will secure public trafic and the business of all people from being interrupted by the disputes of those immediately concerned. It can be seen at a glance that such a question cannot ba settled by the concurrence of both parties on a common basis. The basis of settlement will be found when the persons interested have had the benefit of many failures on both sides. We have great hopes that a basis will soon be reached, first by finding what the law is, and, second, by agreeing to what it ought to be. We, therefore, must decline to follow the majority into any dis- quisition as to what the law is. That seems to be under the control of another branch and already in line to be settle authorita- tively. “Hut the attitude of the majority is one which ought not to pass without animad- version, 1f, as the committee says, ‘the testimony adduced before us fails to’ show any corrupt intent on the part of the judge,’ if also ‘it Is altogether possible that he sincerely believes the orders granted by him were sanctioned by law,’ then the ques- tlon should be left to the appellate tribunal. A federal judge in the exercise of his functions having _arrived at a conclusion without ‘any corrupt intent,’ a conclusion e sincerely believes in’ ought hardly to be harrassed by @ congressional committce gince he s quite as likely to be right on a point of law as they. Individually we may belleve his law was not sound and may not think it will be so pronounced by the tribunal of appeal, but if he was honest and has given his honest opinion honestly it would seem as if the correction should come from another source and that the law legal error and was zal process, and s should be settled by the proper tribunal prior to legislation. It may be that no legislation is required and the appellate court will afford all the relief the country needs, 1t on the other hand Judge Jenkins has been, we will not say corrupt, but un- Quly swayed in the exercises of his func- tions by fmproper influences or has stated Jaw so badly that it was plain that he Violated his evident duty as a holder of the seales of justice, as an arbiter between rival interests, then he should be impeached; or it he has corrupted or has so wrested the Jaw of the land that injustice has been done, 80 evident that it carries with it the proof of evil intent, then congress has a plain duty to perform. But if it be a mere ques- tion of law, then the judiciary has the duty to perform, and congress, by granting a court of appeals, has ended its duty. Of course, when the case Is finished, if the final appeal should demonstrate that the law Is defective, then remedies should be applied, but we ought to know what the law is befgre:we act. If it should be fnally @stermined that Judge Jenkins was wrong then the law may not need amendment.. The committee thinks he was wrong and yet proposes to act as if he were right. “So much for the legislation originally proposed. As for the resolution proposed later, wo do not see how it couid be justi- fied. Were it demanded that we should voté condemnation of any proposition that involuntary servitude should be established by any Interpretation of law all sensible men would be agreed, and republicans above all not to propose that a judge, who, as the majority declare, ‘had no corrupt intent,’ and ‘who sincerely belleves' In his conclusions, skall without Impeachment be censured by the legislative branch of the government, “Is the government to confound all dis- tinctions between the legislative and the Judicial powers and create a side tribunal of appeal where justice would be for sale 1o the suitor who could poll the largest vote?" TO AVOID RAILROAD LABOR WARS, Tawney Has an Arbitration Pian Framed in a Bl WASHINGTON, June 8.—Since the rcent strike in the northwest on the Great North- ern road, which for several weeks in Tupted the transportation of passengers, freight and mails on the 4,600 m'les of that rallroad, Congressman Tawney of Minnesota has given the subject of the settlement of con- troversies of that nature by arbitrati.n car ful consideration, and today introduced a bill looking to that end. It differs very ma- terfally from all other bills on the subject introduced in this congress. It creates no new oficers, but utilizes the clreuit courts in carrying out its provisions. It applies to controversies between railroad companies dolng an interstate business and thelr em- ployes, Under the provisions of this bill when a controversy exists between a company and employes which lmpedes or threatens to Congressm | impede the transportation of passengers or property or mall, either party by filing a petition may secure from the clreuit court a citation directing the other party to the con- troversy to appear and answer. If neither party exerclses this right either before or hin a reason, » after the strike oceurs, It Is ma f the district attorney of (i upon the re- quest of a board of arbitration, to bring the parties Into court for the settiment of dizpute. Upon the consent of the parties, it became the duty of the court to hear and wme man- ny matter determine the controversy In the ner it would hear and determine properly befors it. If the parties do not consent to urt hearing the controversy, a board of arbits tion is to be appointed, to whom the matter is referred. The board is to conaist of fiv persons, one to be selected by each of the parties, and three by the court. Those se- lected by the court shall not be connected with or interested in any raiiroad pany, kholder of employ either as an ¢ er, sto Objections to tliose selected by the court i be interposed by either party, and if the court deems the objection reasonable, the person objected to hall mot be chosen Should either party fail or refuse to select a representative, it !s made the duty of the court to select one for them. This board is then to hear and deterimine the contro- versy. The time within which fits award must be filed Is loft to the discretion of t court. Within three days after the aw is filed either party may move to have it vacated or modifled, but only on the ground of its having been procured by fraud or corruption, or upon errors of law ma- terially affecting the rights of either party. When confirmed the award becomes the d cree of the court and is to be conclusiva, Seve Itles are imposed for a fa or refusal on the part of the company to comply with the judgment, providing the refusal causes a strile. But if the company complies with the judgment, 8o long as the conditions In force when it is rendered remain substantially unchanged, it is declared to be a misd meanor for two or more of the employes or fc outsiders to combine or conspire for the purpose of c a strike on e count of any matter previously determined by the judgment. This is an cffense which must be proved by a fury trial. In the preparation of tiie bill, Congress- man Tawney was assistod by Congressman Hartman of Montana, whose citiznes were also seriously affected by the Great Northern strike. Tho bill was referred to the com- mittee on judiciary. R TOWNSITE WAR AT POND CREEK. Fight Hetween the Government and Rock Island Railroad. WICHITA, June 8.—On a telegram from the Rock Island officials the sheriff has sent a number of armed men on a epecial from here to Round Pond, Okl, where a railroad war is in progr All these men were selected for bravery and were heavily armed with Winchesters, under command of James Carnes, ex-chief the of police, and one of the best known and nerviest officers in the west. Ix-Deputy Sheriff Darnell is another of the par POND CREEK, OkL, June $.—The war is the outcome of the ol town- site dispute. The government ab- lished a townsite and the rai an- other. The residents of the government townsite insist on the railroad stopping its trains and the latter decli wagon and team was train running faste n down b than the ciy terday a ordinan permitted and the citizens began tearing up the track. A live stack train came along and the engineer d the danger signal and was wrecked, a lot of cattle be- ing killed. Later the track was repaired under protection of United States deputy marshals and today every one is going about armed. RENO, June 8.—The force of deputy marshals from El Reno, who went to Lond Creek to protect the raiiroad property from the townspeople of that city, returned this evening. They report affairs fully as bad as stated and that a constant patrol was all ihat kept their bridge from being burned out, as the bridge was already oiled and prepared efor the match. e RECEIVER FOR A LAND COMPANY. Judge Hallett Puts A, G. Gorham In Charge of a Wealthy Concern. DENVER, June 8.—Judge Hallett has ap- pointed Austin G. Gorham receiver for the Denver Land and Water Storage company on application of the State Trust company of New York, representing the holders of general mortgage bonds for $337,000, interest on which was due May 1 and was defaulted. Rufus Clark holds a second mortgage for $237,000, on which no interest has been paid for two years. The Denver Land and Water Storage com- pany owns Castlewood dam, the Clark colo- the nies and rapahoe camal system. Its land pos: ns amount to 17,000 acres, starting two and one-half miles south of the city limits and running twelve miles south, Its dam and gitches, according to W. K Alexander, wh% s secretary, manager and heaviest stecklholder, cost §480,900, and are perfect models of their kind. Mr. Alexander estimates the value of the franchise at $1,000,000. He says the company will come out all right. —— WEDDING IN KELLY'S CAMP. Annle Hooten of Council Bluffs Married to a Commonweale CAIRO, IlL, June 8.—The camp of the Commonwealers yesterday was the scene of a wedding under singular and romantic cir- cumstances. It was the marriage of Thomas T. Suttliffe of San Francisco, aged 33, and Miss Annie Hooten of Council Bluffs, aged 27. 'Squire Joseph Steaglea secured the li- censo, charging no fee for tying the nuptial not. ‘Squire Steaglea drove to Camp Kelly. Arriving there he was escorted to a log heap ten feet high, shaded by trees. The bridal party were assisted to mount the pile, and General Kelly sounded his bugi when _about 1,150 men surrounded them with bare heads. After the couple had been pro- nounced man and wife, the bride, overcome by emotion, fainted, but was restored to consciousness in a few minutes. e T0 SING SING FOR LIFE, Dr: Meyer, Poisoner of Ludwig Sentenced Toduy. NEW YORK, June 8.—Dr. Henry C. F. Meyer was today sentenced by Recorder Smythe to imprisonment in Sing Sing prison for life. Dr. Meyer was convicted of poison- ing Ludwig Brandt. Mrs. Meyer, who was jointly indicted with her husband for polsoning Brandt, is still in the Tombs, but the date for her trial has not been fixed, Brandt, e Fearless Journalism in Towa, SIOUX CITY, June 8.—(Spec'al Telegram to The Bee)—J. L. Lewis, who with Atice Hart, a prominent Nebraska politic’an, rep- resented a Chicago sensational paper lo- erally, has just returned fr m the penitentiary and commenced preparations for the publi- cation of another sensational paper. He was promptly rearrested on six indictments hanging over him, and is now in jail. The authorities informed him that he would be prosecuted on all the charges, and he has asked to be permitted to plead guilty to all of them, and regeive a light sentence In each case. He will probably be permitted to do so. — DI Not Hurt Any One. ALBANY, N. Y., June 8.—An attempt was made to wreck the passenger train due at 7:40 at Rockefellers crossing on the Dela- ware & Hudson last night. A rail had been fastened across the track. The train crashed into the obstruction and tore off the fastenings, but did not leave the track, There were about fifty passengers aboard, but barring a shaking up noue of them were injured. NOT 0N MR, “LSEN'S ORDER | Peculiar Circumstances of an Al'eged At- tempt to Get City Money. REPLY OF THE TREASURER TO MR, RHEEM | Reported Seheme to Secure the City El triclan's Salary in Spite of the Injance noand How It Worked- Ex- planations in Orde A small sized sensation was created in | city official circies Thursday by what was ted to be an attempt on the part of | Acting City Eiectrician Rheem and the city | comptroller to steal a march on the courts curing the payment of Mr. Rheem's before the city treasurer had received notice of the fact that an injunction had been issued to restrain the city from paying the amount. According to the statement of the city treasurer, Mr. Rheem met him on the street and endeavored to induce him to pay the amount on a certificate from the comptroller that the ftem had been allowed by the council over the mayor's veto, Mr. Rheem's story is that he simply asked the city treasurer for information whether such | u payment would be proper, as a general !]n position, and without any intention of asking him to pay that particular claim. The injunction was fssu Wednesday afternoon and erved on the mayor cason Mr. Boiln co! 1 at 4:30 o'clock the papers w soon after. For some d not be found during the cvening, and he knew nothing of the injunction until he reached his office the next d. In the mea Rheem and the i e 1y. time he had met Mr. conversation occurred con- appears (o be so much misunderstanding e comptroiler figured in the affair to the extent of making out the certificate for Mr. Rheem, and advising him that he thought that he could get his money without waiting for the warrant to be signed. According to the statements of other partics, this was all done after the comptroller had been informed of the fact that the fnjunction had been issued. WORKING FOR KHEEM S SALARY. Barly Thursday morning Comptroller Olezen called up the mayor's office by tele- phone and said that he had two warrants ready for signature which were passed over the veto of the mayor at the council meet- ing Tue night. These were for the salarie sor1 and Hugh 8. Carpenter, the newly appointed engineer of the public library building. He was told that U penter's warrant was signed and paid the day before, but that the mayor had been enjoined frem signing the one bearing Rheem's name. Olesen professed ignorance of the fact that an injunction had been issued and hung up the ‘phone. Two or three hours after Mr. Rheeni met ! Treasurer Bolln near Twelfth and | y strects. The latter's statement is | that Rhcem asked him if he had heard of | an_injunction and on receiving a negative answer ired it he would not pay him { the amount at that time on an order from the comptroller. At the same time he | presented a slip of paper bearing Olesen’s | signat: This was (o the effect that the item of Rheem's salary had been passed over the mayor's veto and could legally be paid. 2 | Mr. Bolln thought it a peculiar circum- stance and finally said that he would not pay the amount except on a warrant legally signed by the mayor. Mr. Rheem did not press the matter and the treasurer came on to his office, where he found the notice of the Injunction. When asked 1f it was customary for Mr. Olesen to issue orders for the payment of warrants which had not been signed by the mayor the city treasurer said that it had sometimes been done in cases where a police ofiicer wanted to leave town and there was no time to have the warrant signed. In one or two such cases the amount had been paid on the certificate of the comptroller that the item lLad been duly approved by the council and that the warrant had ‘Iu?:): issued. In this case, however, no such reaion o ldt;mrl;ughlmm the ‘usual pro- cedure existed and the reques claim had been refused, o ‘0 P the When asked for his version of the matter Mr. Rheem sald that he had been misunder- stood. He had been advised by a number of persons, among whom were one or two ex-councilmen, that the amount dug him could legally be paid by the city treasurer on a certificate frorg the comptroller that it had been allowed Yy the council. I was his personal Impression that it could only be paid on a warrant signed by the mayor and he had simply asked Mr. Bolln a general question as to the law in the matter without intending to intimate that he wanted any money. He had himself infornied the tre urer that the injunction was issued and had no idea of taking any advantage. He did not want his salary until after the courts lhad decided the case and had no idea of entering into any suspiclous transactions. He had not asked Olsen for the certificate, but the comptroller had given It to him on his own responsibility and had further in- formed him that he thought he could get his pay on the warrant without the pre- liminary of the mayor's signature, OLSEN TELLS HIS SIDE. Mr. Olsen admitted that he had given Mr. Rhcem the certificate, but claimed that it was at his request and only as a matter of form. He had often done the same thing for various parties, but did not know what they wanted it for. They had never told him and he had not asked. He was quite sure that they were never used to obtaln advance payments from the city treasurer. Mr. Olsen stated that his conversation with Mr. Rheem took place about 10 o'clock, which about half an hour after the mayor's clerk had informed him of the injunction. There is littld* doubt among those ac- quainted with the facts that there was a concected plan on foot to beat the injunction and obtain the salary of the acting city electrician before the papers were served. Mr. Rheem himself disclaims any such inten- tion, but his other statements go to show that varlous other parties were very anxious to induce him to take such a course. The anxiety of the comptroller in the matter Is severely criticized, as it appears that he voluntarily gave Mr. Rheem the certificato and advised him to try to get his money after he was acquainted with the fact that the Injunction had been issued and had been served on the mayor. The: general drift of opinion around the city hall is to the effect that in listening to the advice of his fool friends the electriclan narrowly escaped a very embarrassing situation. e Omaba's Ban Account. The county treasurer paid $5,377.66 into the city treasury yesterday as an amount colleeted on the county road fund. The net collection of city taxes during May amounted to $65,133.05. Interest was added to the amount of $6,078.97, making the total collections $71,212.02, One item of 75 cents was for taxes levied in 18 At that time tnere was & balance of 15 cents unpaid for some reason and it was unnoticed until last month when the property was trans- ferred. Then it was found necessary to pay the balance with 60 cents interest in order to give a clear title, e Found Founded Glass in His Stomach. RBANA, O., June 8.—Marshal Boyer and William Black are in jail charged with set- ting fire to their saloon bulld'ng to secure Insurance money. This led to the charge of polsoning Willlam Simms last September, Coroner Moore exhumed the body and found the stomach full of small particles of pounded glass. When under a microzcope they looked as large as pin heads. e Sl Chorokees Crowding the Pay Window. TAHLEQUAH, 1. T., June §.—The day at OMAHA, SATURDAY MORNING, JUNE 9, 1891. TWELVE PAGES. the big Cherokee payment passed without in- cident, and nearly $900,000 has now been handed out to fortunate Cherokees. The wd s sti] being augumented by the ar- rival of hunireds of people daily, and the entrance to the pay windows is jammed with an immense mncourse of peopie from day- bresk until night. The rush has become 80 great and acvess to the pay windows so uncertain that a general brokerage business has been Inaugurated by a couple of enter- prising capitalists now on the ground. ——— FUNERAL OF A PRIEST. Impressive Ceremonies Over the Re the Late Father Bruen. Hundreds of people were unablo to gain admiszion to St. Piflomena’s cathedral yes- terday during the funeral services of Rev. Jurres A. Bruen and waited patiently until their completion, after the noon hour, before they were allowed to pass down the alsles and gaze for the last time on the famillar features in the open The services began shortly after 9 o'clock, when the rites of the office for the dead we solemnized. The church was crowded at that hour, but when the mass was begun at 10:15 it was impossibie to gain entrance 1 to the outer vestibale, It was solemn requiem mass, celebrated in the presence of the bishop, Bishop Scanmell having arrived unexpectedly Thureday, Rt. Rev. Bishop Scannell occupied the throne, and the clergy ains of ev was assigned as follows: Assistant, Very Rev. Willlam Kelly; deacons of honor, Very Rev. John Jeannette, Rev. J. T. Smith; cele- brant of ss, Rov. 8 F. Carroll of Philomena's; deacon, Rev. Francis Loughran of Sutton; subdeacon, Rev. A. M. Colaneri; censer bearer, Rev. P. Judge; master of cere- Rev. Father G: | chancel was com hidden from view 1 wealth of flowers with which it was covered, and it was necessary to re- a large quantity of them before thoe services could be concluded. At the right was a very large emblem, “The Gates Ajar,” beneath a star and white doves, and at the left a harp of large size, with a cross occu- pying the space within the frame. Near it were the spotless leaves of an open book, artistically exccuted in flowers of unsullied whiteness. On all sides were unbunched flowers in the richest profusion. No special program had been undertaken by the choir, as the deceased while connected with the cathedral had practically been di- roctor of its musical arganization, and the members felt the loss too keenly to devote themselves to the work of preparing new music. The regular chant was sung by mem- bers of the cathedral choir, assisted by the choirs of St. John'’s and St. Peter's. Those participating were Mesdames McCaffrey, Downey, Maher, Fitzmorris, Swift, Misses Lawry, Swift, Jennie Croft, Blla Croft,Messrs, Lumbard, Baumer, Swift, Schenck, Burkl Provost, Doyle and Maler. Miss Margaret Swift presided at the ongan. The funeral service was preached by Rev S. J. Enright of Davehport, In., a college companicn of the decensed. ~He spoke par- ticularly of the courag¢ of the deceased in his last hours, and of the beauty of his th, He asked the prayers of all, that every member of the presthood might show equal Christian fertitudd when the end came, and leave as bright ‘an example for those who remained ‘behind. 5 Bishop Scannell spcke briefly of the de- ce: He said that while the many sor- rowing ones whose good fortune it had been to know the departed one were disposed to think that he had been cut off before the pos:ibilities of his promising young life had been realized, they must feel that it was God's will, and therefste for the best. While they mourned his loss and” could not but regret that he had been taken from among them, they were rich in the exam- ple that he had’left them and could not do better than to shew their appreciation of his brief presence zmong them by striv- ing earneslly to emulite his courage, zeal, cbedience and faith. At the conclusfon of the services the wait- ing hundreds were allowed to pass by the casket and for half an hour they continued to file past. Thomes Swift, C, J. Smythe, John Rush, Dr. Riley, E. J. Brennan, John Baumer, Andrew Murphy and P. H. Mullen were the pallbearers and hore the casket to the wait- ing hearse, around which the Hibernian knights threw a guard of hohor in hollow £quare as inner escort. The representatives of the Hibernian post at the fort acted ns advance guard, attired in the mifitary uniform of the regular army and the regalia of the organization. The representatives of the eight Hibernian organizations of the city and South Omaha followed, and after them the Itallan sociely, Dal Cenisio All' Etna, and the members of the Young Men's institute, all in regalla or decorated with the badges of the order. T. J. Fitzmorris acted as marshal of the societies, with Thomas Lowry, P, H. Carey, George J. Kleffner and Patrick Ford as aides, A very long line of carriages followed the societies, in many of them being the visiting priests, among whom were: Revs. W. Crowe, Friendville; J. C. Caraher, Hastings; P. A Lysaght, Jackson; Charles’ Nugan, Schuyle M. J. Barrett, Blair; John Fitzpatrick, Kear- ney; T. J. Carney, Plattsmouth; D. Fitzger- ald, Auburn; M. Waldron, Newcastle; John Lawless, Lincoln; E. Hayes, Imogene, Ia.; J. Hodge, Grand Island; J. J. Moron, Audu- bon, Ia J. V. Wallage, “Papillion; P. J. Grant, Norfolk; H. J. MeDevitt Omaha; P. Smyth, Council Bluffs; X. Hovora, Pl ancis M. O'Toole, North Platte D. W. Moriarity, South Omaha; L. J. Math- ery, Creighton college: T. O. laghan, James Burke, John Vranek, John acher, A. Tyszka, C. Breitkopf, Thomas Walsh, G. J. Glauber, Omaha, The cortege wended its way to the ceme- tery of the Holy Sepulcher, the marching socleties accompanying. it as far as Thirtieth street. e One word describes It, “perfection. We refer to DeWitt's Witch Hazel Salve, cures piles, e BOYCOTT ON BEER. HBrewers Union Declares Against the Product of Two Omaha Plants, Formal notice of a boycott against the Krug Brewing compgny and the Omaha Brewlng assoclation was| given at noon yes- terday by the Brewery (Workers union No. 96 through its secretary,{Ernest Langbehn. The difficulty which led up to the inaugura- tion of this boycott had fts incipiency in the refusal of the combined boss brewers of Omaha and South Omaliato pay employes for legal holidays when no work is performed at the breweries. The union held a special meeting last Saturday night to take possibl: action, as they claim,’looking to an amicable adjustment of the question. Secretary Langbekn of the union, when seen yesterday by a Bee reporter, said that at thelr meeting on last Saturday it had been proposed to leave the matter in the hands of the~ exccutive committee for settlement, Tae latter had made an attempt to do this Monday, but the proprietors of the breweries had refused to treat with them. A proposal to turn the matter over (o an arbitration commit- tee had been likewise met with the brewers' refusal. He had therefore been authorized to order the boycott inaugurated, especially against Krug and the Omaha assoclation. The other boss brewers would be dealt with later on. In justification of the union's course Mr. Langbehn said that employes were obliged to perform an extragrdinary amount of labor on days preceding or succeeding holidays, and he therefore saw no reason why pay shovld be deducted. . | The trouble had Wrisen on Arbor day when employes had Tecetved no pay. At that time no action had been decided on, but when on Decoration day payment was refused the union had declared for bringing the bosses to time, An appeal will be issued to all organized lator asking members to refuse to drink Krug's and the Omaha Brewlng assoclation's beer until these firms sball be declared union firms. Central Labor union will probably also be asked to endorse the boy- cott. ————— DeWitt's Witch Hazel Salve .cures plles OFFICERS 0N EVERY SIDE| Prisoner Wanted in the West Having Diffi- culty in Securing His Liberty, FORGER ANDERSON COULD NOT ESCAPE Lively Legal and Official Skir, Liberty of w Fugitive fron Passing on a Contempt Case— Minor Court Matters. ish Over the stice— Several members of the city police force, a number of deputies from the sheriff's office, an officer from Spokane Falls, Wash., and a prisoner, charged with being a fugi- tive from justice, all induiged in a game of hide-and-seck in the criminal court room yes- terday, to the great amusement of the parties who were present to listen to the closing arguments in the Rudiger murder trial. Along about the first of the present month Andrew Anderson of South Omala was ar- rested on the charge of being a fugitive from justice and locked in the city jail. Tl a the strenath of a tele- gram recefved Sheriff Humphrey of Spokane Falls, who stated that he was on the way and would take Anderson back with him, Chief Secavey at interviewed Anderson, who insisted that he had commit- ted no crime, but would go back to the coast and face the music without putting the officers to the trouble of getting requisition papers. This information was wired to the western sheriff, who kept on hugging the de- wus made on from once luslon that he was to have a pleasant trip and that he would experience no difficulty in landing his man in the town where he was badly wanted. As the sheriif journeyed eastward he was caught in the floods and was delayed for many days. In the meantime Anderson was a busy man, notwithstanding the fact that he was behind the bars. He hired a lawyer and the first move was to Lring habeas corpus proceedings before the judge of the criminal court, who cited all of the parties to appear in court Thursday afternoon. At the appointed hour the pris- oner, the lawyers and a dozen officers were in the court room ready for the fi but as the Rudiger murder trial had the right of way the case went over until yesterday, Anderson being remanded Into the custody of the sheriff for safe keeping until such time as the case should b\called for trial and un- til_the arrival of Sherift Humphrey. Yesterday the case was called for hearing and from start to finish Anderson took the position that he would never re- turn to Washington alive unless the proper papers for his removal to that state were produced. Sheriff Humphrey could not pro- those papers and as there was no le reason for holding Anderson le was sed and the writ granted. Happy in feeling that he was breathing the air of liberty and freedom Anderson started for the door of the court room, but as he forced his way through the crowd and to the en- trance he came In contact with a wall of peace officers, who at once attempted to place violent hands upon him, each and every officer having a warrant for his arrest. Some of the men had warrants charging the man with having resisted an officer, others had warrants charging him with vograncy, while others had warrants which charged him with being a fugitive from Justice. It was right at this peint that the attorney for Anderson arose to the importance of his position and stepping between his client and the officers he pushed the former back into the court room, after which the judge sug- gested that it would not be the corrcct tking to arrest a man in the court room, or at least while the court was in session. The officcrs were with the court on this proposition, but they were not in the least disconcerted and perching themselves upon the radiators about the corridors, like a lot of cats watching for a mousc, they waited until the noon adjournment of the court, when they pounced down upon Mr. Ander- son like §0 many hawks upon a June bug and bore him away to the jail, where they will_attempt to hold him until the arrival of the requisition papers, which were tele- graphed for last night and which will arrive in about three days. In the meantime the sheriff will remain in the city to see that his man does not give him the slip and get away. Tn speaking of Anderson Sheriff Humphrey stated that ho was wanted on the charge of forgery to answer to nine indictments re- turned by the grand jury of Spokane county. The sheriff sald that Anderson by some mexns got hold of the warrant hook of the school district of Spokane and forged war- rants aggregating $600, most of which warrants he disposced of to the banks of the city, after which ho fled from the country. Late last night Anderson, by his attorney, appeared before the judge of the criminal cction of the district court, where he se- cured another writ of labeas corpus, made returnable at 9 o'clock this morning, at which time the arguments will be heard. In the application Anderson alleges that he is deprived of his liberty without having been served with due process, and that he has once had a trial and has been released by reason of the writ having been granted. w SLE AN WIAS. Gets a Verdict for Twent Against the Craig Estate, The end of the suit of the Nebraska Wesleyan university, situated at Lincoln, against the estate of W. H. Craig, deceased, was reached last night, the jury returning a verdict for §25,000 in favor of the plaintiff, five Thousand it being the full amount for which suit was brought. Craig was a wealthy capitalist, residing in Kansas City, and was a member of the Pat- rick Land company, which boomed Dundee Place, one of Omaha's western suburbs, a few years ago. During his lifetime he sub- seribed §25,000 to the Wesleyan university, but before the subscription” was paid he died, and the heirs at once instituted pro- ceedings in the probate court of this county for the purpose of having the claim of the university declared void, raising the point that there was no consideration for the gift. After a long trial and after the facts had been presented, J. W. Eller, who at that time was upon the probate bench, held that the subscription could not be collected from the property of the estate. An appeal was taken to the district court, and last week the case was called In the law division, pre- sided over by Judge Hopewell, where a vast amount of testimony was introduced. The case was given to the jury Thursday after- noon, and after deliberating for tweny-four hours, the twelve jurors returned their ver- dict, finding for the plaintiff. The case will be at once appealed to the supreme court. Dell Alkin's Case. In the case of Dell Aikin against W. I Cunningham, Frank E. Simmons and H. E. Murphy, brought to recover alleged damages aggregating $50,000, caused by an arrest and imprisonment, Murphy recently filed a plea in abatement, alleging that the plaintiff could not recover damages from him, owing to the fact that all of the acts which he performed with reference to the arrest of Alkin, were done as an official of Holt county. Yesterday the attorneys for Aikin filed a motion, asking that the plea in abate- ment be stricken from the files of the court, alleging that it is not a proper plea and oné not authorized by la Minor Court Matters, All of the arguments in the Rudiger mur- der trial have been concluded and the case has been submitted to the jury. In Judge Hopewell's court the case of Becker Blerbach against the Omaha Brewing assoclation Is on trial, where the plaintiff is seeking to recover the sum of $26,850 dam- ages. He avers that not long ago he was the proprietor of the Eagle house, which was doing a good and prosperous About this time he claims that the defendant cloe d up the house and ruined his tro In the Gallagher-Cooley contempt case, tried before Judge Ambrose and now in the supreme court, instead of the case having been decided the judges ordered the briefs of Gallagher and Cooley stricken from the files, T Judge of the probate court sigmed an order 1 night, ordering the person of Baby Ruth Wright Ernest delivered to the custody of her natural parents, Mr. and Mrs. Charles H. Wright, holding t\ vold unst tue adoption by 8. G. Ernest wa will bring a damage suit a commissioners, they being gave him the child DEATH OF A GIANT. * cout ones who The Tallest Man in California Crosses the Divide. Toe Sullivan, better known around Oak- land, Cal,, as the “Brooklyn Giant,” died recently at the only home he had had for many years—the engine house of the East Oakland brauch of the fire department. His death was rather sudden and was caused by preumonta. Joe Suliivan was called the tallest the world, but that of the bombast of livan traveled for man in may have been a little le circus with which Sul yme months, He me ured 7 feet § inches as he stood on the floor and § feet as he was laid out for his coffin. Sullivan was a peculiar character, says the San Francisco Chronicle. He scemed to feel his unusual size very keenly, and in- stead of having the forwardness of the dime museum froak, he wi modest to a degroe th ring and bashful t kept him from ing a very good salary, for he did not like to be looked at, would not go into a museum and even kept off tho streets, so that he would not be made the object of the stare of men and the remarks of children. Only once did he yield to the temptation and accept an offer from Sells Bros.’ eircus. But he soon got tired of standing before wondering crowds and selling his photograph, and as scon as his contract was up he left the show and refused to retura to it or any other. Where he came from and who he was no one knew. He was a waif and drifted into East Oukland some ten years ago. He was then a large, raw boned shambling lad, who seemed to have grown rapidly, but gave no evidence of becoming an unusually tall man, He was then about 14 years old and he did odd jobs around the little business set- tlement at Thirteenth avenue. Among others whom he worked for was James Tay- lor, the undertaker, who is now burying him, But who then kept a livery stable. The late James Moflit, chief of the fire de- partment, who lived in Bast Oakland, met the boy and tock an interest in him. He wave him a position with the Brooklyn en- gine of the department and from that time to this Joe Sullivan has been part of thi branch of the department, and when he w taken sick he went back to the old engine house, where he had worked so long, to die. But of all those for whom ked at various times no one knows any about lis past. He was curiously uncommunica tive about himself. As time went on Joe Sullivan began to grow. He was soon the tallest man on the engine crew, though he was not yet 18, But lie did not stop growing when boys usually do. He kept right on and soon he towered above everybody on the street, until he as much of a curiosity at a fire as was the fire itself. At 1 the circu: Joe was persuaded to go out with He was gone about a year and then he dritted back to Ozkland about a year ago. Since that time he had hidden himself as much as possible, slecping at the East Oakland engine house. He will be burled by some of his friends in East Oak- land. His me surement, taken as he lies at Ta lor's undertakng parlors, are as follows Height, 7 feet 8 inches; length of foot, 14 inches; length of arm, 3 feet 8 inches; di tance from the end of one arm to the ecud of the other, 8 feet 7 inches; chest measure, 4 feet; waist, 3 feet 8 inches; length of face from chin to top of head, 15 inches; weight, pounds. He had a very small hand for 50 large a man, and the glove measure was only 9 inches. He will require a special co fin, 8 feet 4 inches long, 19 inches deep and 2 feet wide at the bottom. e ——— AUSTRALIA’S COLLAPSE. the Terrible Preceding Panic of Last Yea An interesting report, just 1ed by the Department of State, from the United States consul general at Melbourne, gives for the first time a clear insight Into the conditi precedent to the terrible panic in Aust last year, tays the Washington Post. The report is concise in its language and instructive in the picture which it pri sents. After stating that the financial hi; tory of 1853 was the gloomlest in the history of Australia, 1 Maratta sa “From 1886 to 1890 the colonies were not only borrowing large sums op the public account, but using every practicable means to attract money privately from outside sources of supply. Banks, financ con panies, and almost every class of institutions having monetary dealings offered terpting rates of interest to British invg , and so well were these re.q,..n,!.», that the sums obtained at one period could not be profitably employed with safety The fact thet money thus obtained had to be utilized necessitated risks being accepted and advances made on securities which, under normal conditions, would not have been en- tertained. Iteal cstate was boomed to fic tious prices, and speculation in a hundred more objectionable directions assisted to in- rease the trouble laid up for the future. No one appeared to recollect that the actual requirements for prudent trading and ordinary business matters could not expand unless the business production increased in either volume or value to support the ex- sansion. As a fact, exactly the opposite was going on, for while the nonproducing ele ment was being boomed upward the actual production on the decrease, especially in the direction of values. That a collapse must follow was so certain that it now seems strange that it was not foreseen at the time.” oLl BLINDGIRL WHO SETS TYPE. Clever Miss Hattlo Angell of Swaledale No Bulked by Her Misfortune A remarkable instance of what can be done by a blind person Is shown at Swal dule, near Mason City, Ia. The Dubuque Telegraph relates that some twelve weeks ago S. B. Angell purchased the Swaledale Bee, and not having enough assistance his blind sister, Miss Hattie Angell, prevailed upon him to allow her to go into the office and assist in the work. For the first few days she found occupation in folding pap ete,, and she soon became so proficient in that that she asked to be allowed to set type, and was given a case to see what she could do. In less than an hour she had the boxes learned and her first stickful of type was set in filty mingtes. What Iy still more remarkable, she can now set as much type as the average compositor and do it with greater accuracy. She experi- ences but little trouble with her copy. She is expert in writing the language of the Writ goes to blind, and matter is dictated to her ing it the down in_her language, she case and gliding her fingers over the ed sgrfac: she retains in her mind en- o sentences, and accordingly can set with eat rapidity. In order to get the type right side up her middle finger is used in tecling the nicks, and this is done while the type s being lifted into position in the stick, She has not yet attempted to dis- tribute type, but she expects to soon b come master of this art as well. Miss An gell is a very intelligent young woman and is a fine player on the piano, She has also achieved quite a little fame as & singer. e — America’s greatest beverage Is Cook's Ex- tra Dry Imperial Champagne. It 1s the pure Julce of the grapes naturally fermented. SINGLE COPY FIVE CENTS v | WAS DOING A BIG BUSINESS « for Nothing that Very Nicely, Schemwe to Get Somet Was Worki: 8 MR, BITTNER ARRESTED BY UNCLE SAM Accused of Using the Malls for Fraudalen# Purposes- Trouble Ov toral Funds ~Carrle Hart Goes Froe-Cutting Timber on Government La J. W. Bittner, an entorprising young man living at Humbolt, has been giving the poste master at that place a great deal of work of late sory 50 much that t became suspiciou tention of the p The postal inspector receiving a lar nu sponse to an advertisenicnt In Omaha, St. Louls and St. Joscph papors. These adver- tisements were to the effect that a certain firm would pay a good salary per week and allow the person they employed §3 per day expenses. The advertier stipulated that an answer In crder to socure recognition would have to be ed by a pestal note w Mr. Cleveland's and called the at- stal authorities to the mate found that Bittner of letters in accompa rth 25 cents A good many people repliad all the good it did (I tice was taken of uthorities began traced the mail to y and that was m, 48 no further no- eir applications. The an investigation and ung Mr. Bittner, who was placed under arrest on the charge of using the mails for fraudulent purposes. He was a ned before Commissioner Dundy yesterday, but walved cxamination and was bound over to await the action of the grand jury in the sum of $500. Bittner Is little more than a y In years, but ap- pears to be unusual wd, and he claims able to prove that his busi- ss was legitimate. that he will L n Catting Government Timber. Willlam Bold, a Sheridan county ranch- man, was brought into the federal court yes- terday to answer to an indictment for cutting timber growing on the government domain. He pleaded guilty and was fined and costs, which amount he is now try- to raise. Bold's brother, Lewls, is also under indictment for the same offence and a United States deputy marshal went up to Rushville yesterday for the purpose of arresting John Thomas for a similar offence. In pleading guilty Bold explained that it had been the custom of ranchmen to cut timbor from the government land and that the crops had been a failure in 1893, so that some of the ranchmen would have starved to death unless they had cut wood from gov- ernment lands and ‘sold it to the government agency. He said that the timber he cut down was for the purpose of making it into lumber with which to build sheds and shelter for his stock. He estimated that he had secured about 5,000 feet of lumber In this manner. He also remarked that if the gov- ernment was going to prosecute every man guilty of a like offence there would not ba 100 able-bodied citizens left in the county. He even tmpllcated some ot the county ofl- clals. Bold declares that his indlctment was the reault of a grudgo held against him by some parties living in his section of the county, and promises to give the government all the information that it wants regarding the il- legal cutting of timber in Sheridan county. May Eelease the Urisoners. The lack of funds for prosecution of criminal cases before the federal court may result in several prisoncrs escaping trial and possibly punishment. ~ Yesterday an at- torney for a man under arrest for violating the government laws, asked that his client Ve tried, as the case had been placed on the locket, and that they. were now. ready. for The United States attorney said that he could mot try the cases, as there were no funds for witness fecs, and he could not com- pel the attendance of important witnesses unless he could pay them fees. This led Judge Dundy to remark that unless the at torney could secure funds enough to pro- d with the cases set for trial where the accused men were confined in jail for lack of bail, he would order the cases dismissed and the prisoners released. There are sev= cral men now in the county jail pending trial in this court, and they may yet be given thefr freedom without having to go through the regular process of law. Most of these prisoners are charged with violas tions of the revenue iaw: Won a G reedom, Carrie Hart, the 15-year-old girl charged with passing and having In her possession counterfeit money, was found not guilty by a federal jury Thursday. This young girl Is said to be a niece vf Vie McCarthy of Sarpy count She was arrested by government officers on the charge of passing ccunterfeit silyer coin, ~An atiorney named Pipton had charge of her case, but when she was called into court Carrie had made up her mind to plead guilty. Owing to her youthfulne would not let her do this and appointed John M. Thurston and Charles Offut to de- fend her. When the time for arguing the e came John M. Thurston made a most cloquent plea for his client’s freedom. —His remarks brought tears to the eyes of the jurymen and even the judge had to chew a toothpick vigorously to prevent showing his feclings. The one ths least affccted by his cloquence was the defendant. At the con- clusion of the attorney's address the jury rendered a verdict within a few minutes, Wholesale Reclamation of Arid Land. PHOENIX, Ariz, June 8—The contract for the reclamation cf arid lands in Arlzona just closed with R. L. Langdon & Co. of Minneapolis Is the large:t of its kind ever made. For $2,000,000 the firm agrees to construct 100 ten-mile canals and three stor- N s Judge Dundy age reservoirs on Rio Verde, Augua Frica and Now river, with a capacity of 600,000 t of water and a canal to carry 5,000 cubie fe of water per sccond. The canal will reclaim 400,000 acres of choice orange land. The work is to be begun In thirty , and will be completed during ‘1895, This 15 by far the biggest contract ever let in the United States for reclamation of desert land. e for the Winner. BUFFALO, June 8,—A special to the Cour= fer from Oneonta says that in the bleycle races yesterday the cracks were afrald of the new quarter-mile track and figured that pedaling at an extreme speed would be dan~ gerous, so they all drew lots from a hat and thus decided upon the order of finish in each race. This was strictly followed with one cxception, Coleman's carelessness losing him the third prize. Drew | DeWitt's Witeh F DeWitt's Witch zel Saive cures ulcer: Hazel Salve cures piles. e © Some Dumaging Testimony, MASON, Mich,, June 8.—A sensation was caused in the trial of Attorney General En on the charge of forging alterations to urns on the vote Increasing his salary, W. H. Swoods, formerly clerk of the board of state auditors, testified that he made certain alterations charged on the express advice of Ellis. el St B Webster Clty Merohunt Burned, WEBSTER CITY, Ia., June 8.—(Speclak Telegram to The Bee)—G. W. Foval, a prominent local merchant and ex-city offl- clal, was burned to a crisp this morning a result of & habit he had acquired of setting fire to the city jail when confined there for .drunkenness, Twice before ho started firem | in the jall. et DeWitt's Witch Hazel Salve cures plien