Omaha Daily Bee Newspaper, November 13, 1894, Page 1

53 ¢ N - #7 Indlan Territory. The bank has oftered a P ESTABL SINGLE corY FIVE CENTS, SHOT THEIR PARTNER Wounded Robber Killed by His Companions to Prevent His Peaching. BOLD ROBBERY OF A KANSAS BANK Three Masked Robbers Do the Work Ex- peditiously and Thoroughly. CASHIER GAVE THIM A PARTING SHOT » Hit One of Them in the Pack and Brought Him Out of the faddle, NO CLUE TO THE RO2B.RS' IDENTITY General Supposition s that They Were o Portion of the Cook Gang Who Were Leavin Territory. the Indian SBALINA, Kan,, Nov. 12.—Three masked robbers attempted to hold up the bank at Sylvan Grove, Kan., forty miles west of here, at noon today, and one of their num- ber met deat In an unusually tragic manner. He was shot by the cashier of the bank, and when in a dying condition was perforated with bullets by his own comrades to save Ithemselves from The men into and heavily armed. exposure. rode town on fast horses, they were Their masked faces and fly- ing steeds attracted, everybody's attention, but they wasted no time in getting to work. They pulled thelr horses up with a Jerk in front of the bank, and while one robber remained seated, holding the bridles of fhe other two horses, guarding the en- trance to the bank, his two companions en- tered. A citizen who was tran ness at the counter quickly thelr command to throw his hapds up. cashier was ordered to turn over he had, and do it double quick. looked into the muzzles of both for a moment and then reluctantly com- plied. It was but a few minutes from the time the bandits turned their horses the business street before they were again mounted and away with all the ready cash | the bank had. The moment the robbers were out of the building Cashier John Clane se- cured his gun and rushing to the door opened fire upon the robbers as they were galloping away. The bullet from the cash- fer's weapon lodged in the back of one of the fleeing men. He reeled in his sadlle for a moment, but nerving himself, he kept his seat and galloped on. He was too badly wounded, however, the effort long, and before he had gone a quarter of a mile his body swayed to and fro, and finally he fell heavily to the His two comrades, who up time had kept right ahcad, pulled up their horses, and riding up to the prostrate man deliberately fired several shots into his body and dashed away. When picked up the deserted outlaw was dead. Nobody knew him, and nothing to identify him was found on his person. Who companions were is only a matter of con- Jecture. It Is belleved they were a scattered portion of the Cook gang, working their wuy; west after having been separated from the band and Ariven in the cting busi- complied with The what money He revolvers to into to continue ground. to this his from their haunts | reward of §200 each for the capture of the robbers, dead or alive. The sherifts of thres countles have organized forces which are now In search of the bandits. The amount of booty secured has not yet been learned. The bank officials are keeping that quiet, ARTISTIC TRAIN HOLD-UP, Mequired Just Fifteen Minutes to Complete the Job. MONETT, Mo., Nov. 12.—The St. Louls & $fin Francisco passenger train No. 1, dus here at 7:60 p. m., was held up and the express car robbed three miles east of this city at 7:30 o'clock this evening. Your correspond- ent was a passenger on the train and an eye witness to the bold and succe:sful robbery, which was committed in a deep and lonely » cut. At Verona two masked men boarded the tender of the engine and concealed them- . ®elves until the heavy grade and deep cut was reached, when they sprang from their hiding place, covered the enginesr and fire- man with Winchesters, and commanded them to stop the train. The order was promptly obeyed. Climbing over the tender into the | cab, the bandits marched the engneer and fireman to the baggage car and commanded them to open the door. Messenger Chapman, by this time aware of the presence of the robbers, refused to comply, when in a loud tone of veice the bandits, now six in num- beir, threatened to blow up the car with dynamite, and with true determination and in regular Bill Cook style, produced a stick of dynamite and were just in the act of put- ting It to use when Bogineer Stevenson called to the messengers and implored them to open the door, which was done, The bandits entered the car, plundered it, and in full view of the terrified passengers, clambered up the hill and made tieir escape. It was & successfully planned holdup, which re quired just fifteen minutes. When the train came to a sudden stop ihe clear report from a ‘Winehester rang out upon the air, and every passenger on the train knew what it meant, A second later four bandits, who wore red bandana handkerchiefs over their faces, Joined their pals at the express car and the Job was done. “No shooting. goes,” ex- claimed the leader; “‘heads back there, deads Dback there,” continued he, and those who dared to look out of the car windows obeyed without a second warning. Conductor Wightman hastily ‘passed through the train and warned the ngers to conceal their valuables. Women 3 and children were panic stricken and men »hastily concealed watches and money, Pas- Seugors took refuge under seats, behind doors and some returned to the Pullman sleepers %0 the rear of the train. After fifteen minutes of terrible suspense the engineer and firoman were marched at the muzzle of A gun to the cab of the engine and com- manded to back the train a quarter of a mile from the scene of the robbery A second report from a Winchester was a ignal to the engineer to pull out his train and the rohbery was at an end Messenger Chapman succeeded in k ding all the money save $200 in currency, which he falled to pursue the bandits, who are sup- posed to be none other than Bill Cook and his notorious gang. PITTSBURG, Nov. 12.—Justice Dean of the state supreme court today handed down an opinion in the case of John Hysong, et al, v8 the School District of Galitzinborough, an appeal from Judge Barker of the court below, who refused an injunction to prevent nuns from teaching in the public schools dressed In the garb of their order. Judge Dean confirms Judge Barker's decision. In his opinton, which fs very lengthy, he says: “The court, after full hearing, finds there was no evidence of any religious instruc- tlon or religious exercises of any character whatever during school hours. But the court further found that, after school hours the school room was used by the teachers in imparting Catholic religious instruction to children of Catholic parents, with the con- sent of, or by request of, the parents, This, the court enjoined, because it was a use of the school property for sectarian purposes after school hours. “‘As to the fact admitted, that of the eight teachers six of them were sisters of a re- liglous order of the Catholic church, and while teaching were in the habit of their order, the learned judge of the court below says: ‘We conclude, as to this branch of the case, that in the sence of proof that religious sectarian instruction was Imparted by them during school hours, or religious sectarian exercises engaged in, we cannot restrain by Injunction members of the order of Sisters of St. Joseph from teaching in the public schools in the garb of their order, nor the school directors from employing or permitting them to act in that capacity.’ In this case the school board committed no unlawful act in selecting these Catholic women as teachers because by moral character and certifie] attainments thy were qualified, and their religion did not dis- qualify. “The dress is but the announcement of the fact that the wearer holds a particular belief. The religious belief of teachers and all others is generally known to the neighborhood and to pupils, even if not made noticeable in the dress, for that belief Is not secret, but Is publicly professed. In the sixty years exist- ence of our present school system this is the first time this court has been asked to decide, as matter of law, that it is sectarlan teach- ing for a devout woman to appear in a school room in a dress peculiar to a religlous organ- ization of a Christian church. We decline to do so; the law does not so say." Justice Williams filed a dissenting opinion in_the Gallitzin school case. In it he says: “The question presented on this state of facts is whether a school is filled with re- liglous, ecclesiastical persons as teachers who come in the discharge of theirl daily dutles wearing the religious garb and hung about by the rosaries and other devices peculiar to their church and order are not necessarily dominated by sectarfan influences and in- structions contrary to the constitutional pro- visions and the school law, If in some borough school Episcopalian clergymen should appear in their robes, and if Catholic priests should appeal to the courts, I should no more doubt_their right to relef than I doubt the rights of the plaintiffs in this case.” gttty illdsnc MISSIONS INDEMNIFIED, Spain Pays Seventeen Thousand for Dam- age Done ape. NEW YORK, ..ov. 12—Rev. C. L. Cro- gan, district secretary of the American board of commissioners for foreign missions, has received word from the secretary of the home board in Boston that the treasurer has received $17,600 from the United States gov- ehnment, being the indemnity paid by Spain as compensation for an outrage perpetrated against American citizens and American property in Ponape, one of the group of Micronesian islands In the southern Pacific, in 1888. It was many years ago that the American board established a mission among the na- tives of Ponape, a savage race. A church was bullt and schools were put up and main- tained and the mission work was carried on with much success for a long time. Subse- quently Spanish missionaries arrived on the island and strife soon followed. Threats were made to kill the American missionaries and heir families and for a long time they lived in fear of their lives. The situation became s0 perilous that Rev. T. B. Doane and his assoclates were compelled to flee from their homes In the darkness of the night by means of small boats. The hardships endured in the flight proved fatal to Mr. Doane and Miss Fletcher, one of his assistants, became crazed by reason of her terrible experience and has since been an inmate of an insane asylum in Honolulu. After the departure of the refu- gees the schools and the buildings of the mission were destroyed hy fire. At first Spain denied any responsibilty in the matter but was at last forced to admit it, as the payment of the indemnity shows. No at- tempt has been made to reopen the Ameri- can mission, e ILLINOIS CORN YIELD, Average a Little Over Twenty Bushels per Acre of Poor Quality. CHICAGO, Nov, 12—-The Prairie Farmer tomorrow wlill say that returns covering every point In the state make the average yield of shelled corn per acre a fraction above 20.5 bushels. A heavy acreage was planted this year and in the early part of the season the Indications favored a large crop, the largest ever grown. The midsum- mer drouth, in addition to the general dami- age to the' crop, resulted in the abandon ment of 7,865,000 acres, leaving the area actually harvested only 89,978,000 acres. Th makes “the total crop of the present ye: 1,437,000,000 bushels, Including all _qualitie Eathe but not ‘including immature corn on the area cut up. This latter item has no recognized commercial value, but it has a feeding value, and its use on the farm practically enlarges the crop to a small ex- tent. The quality of the crop s poc The feeding of wheat to farm has steadily increased, and except in those dis s which have an abundant corn crop there is no evidence of -any tendency to curtail this use. It has been demonstr that the grain has greater feeding value, bulk for bulk, than corn. Carefully tabu’ lated local estimates indlcate that nearly 215 per cent of this year's crop has alrcady been thus used, equal to probably 60,000,000 bushels, In thrée months, - When new corn is generally available the rate of feeding will be generally less. The general opinion of correspondents wiuld seem to indicate that something over 100,000,000 bushels will be used, but this is not presented as a definite estimate, as the future feeding de. pends upcn the relative value of corn and wheat, Tt Is glven out as a fair Indic of what present conditions are likely bring about, ey Having Troublo Getting Married. CINCINNATI, Nov The Times-§ Lexington special says: General Casslus Clay, 8 years old, is having more trouble at Richmond, Ky., today than ever, in try- ing to be married to Dora Richardson, aged 15, His son Brutus is a very influential man in that county and has persuaded the min isters and civil officers against performin the ceremony. 'Squire Miltgn had promised to perform the cercmeny today, but, like the officers last Saturday, he declined 'to do so when the time arrived, The old gentle- man, being unable to get any clerical or clvil’ authority to officiate at any price, an- nounces that he and his protege will go elsewhere to be married, Ericsson Broke Dow NEW LONDON, Conn., Nov. The new torpedo boat Ericsson started early for the course In Long Island sound over which she > her speed trial, but met h will again postpone the trial She had just started on tne ¢ between the first and second buoys an ecoentric snapped on the starboard The damage will be repaired at once, - Two Jurors ~ rlly Dismissed an ac- indefin cour wh slde. handad ovor to the robbers. Two of the gang climbed the stecp hillside and joined tho gang (n waiting {p the woods. As they cended the rocky hillside the gleaming barrols of their guns were plainly visible. The train pulied into Menett twenty minutes Iate and the news spread like wildfire, A Wias formed but for went of a leader MEMPHIS, Nov. 12.—Jurors Harrcws and >atterson were peremptorily dismissed from the jury in the lynching case this morning by Judge Cooper. 'The grounds on which they were removed was that they had previously stated that they would hang nu White man for killing a negro. A new venire was drawn to fill the vacancies, ab- | animals | JAPAN WILL S00N ACCEPT End of the Great Oriental War AlmoSt in Bight. CLLVELAND WiLL PROBABLY ARBITRATE Orlental War Likely to He Settled by This Country While Europ: Are Discussing How and When to Intervene. n Governments WASHINGTON, Nov. 12.—Up to noon today Japan had not accepted the offer of the United States to act as mediator in the war with China. Lengthy cablegrams are pass- ing, however, between the Japanese capital and Washington, with the prospect that a final decision will not be long deferred. A cablegram from the Japanese minister of for- elgn affairs was received this morning ask- ing for more explicit information. This was done, and features added which it Is ex- pected will show the Japanese government the desirability of the change. China has already formally notified Secre- tary Gresham that she will join Japan in acknowledging the independence of Corea and will also pay a cash indemnity. The amount she will pay is not specified. It s felt in official circles here that the gravity of the action taken by the United States is not fully realized by the public, as it contemplates a foreign policy to which the Hawailan incident is sald to be tri- fling In comparicon. Should Japan and Cbina accept the United States as me i it will close the greatest war since the Franco-Prussian conflict and this country will for the first time occupy a commanding position in deciding Aslatic questions which have heretofore had the attention of the Buropean powers only. At present the Buropean powers are endeavoring to reach an agreement among themselves by which they will forcibly intervene. France pre- sented a proposition to Secretary Gresham to joln in fordign intervention. This was refected as the proposition of Great Britain had been. Whie the Buropean powers are thus arranging the details for their intervention the United States comes forward independcntly of the foreign powers and offers to act as mediator if China and Jupan request this service, In view of the avarice to secure new territory which is be- lieved to inspire the European powers it is felt by officials and diplomats here that Japan will accept the mediation of the United States, although the hesitation of the Tokio authorities is taken to indicate that they want China to fix the exact figures of the cash indemnity, which cannot be, in the judgment of those best posted, less than $100,000,000. ~ Japan’s final reply is expected almost hourly. It is anticipated here that an armistice will be proclaimed by both countries and the battling about Port Arthur, Wiju and Moukden will cease: The Japanese legation today received the following telegram from Hiroschima, the headquarters of the Japanese navy and army: “‘Marshal Oyama reports that the First di- vision of his army took Kin Chow on No- vember 6 and took up its position in the vicinity of the Tallen Wan on November 7. The enemy's force at Kin Chow was about 1,000 infantry and 100 cavalry. There were, besides, at Talien Wan 3,189 Chinese in- fantry, but they all fled toward Port Arthur. Our “loss was ten, and the enemy's also small.” The Japanese legation had not reczived, up to noon today, official confirmation of the capture of Port Arthur. The legation people say, however, that if Port Arthur has in truth fallen, it will be the most disastrous blow that China could have received. Coun- sellor Stevens of the legation explained that Port Arthur had been pronounced Impreg- nable by the naval experts of Germany. Li Hung Chang had built three modern gun fac- tories there which rivaled those of the Krupps. It is largely given over to the as- sembling and making of modern war mater- fals. It is even in some respects similar to the Norfolk navy yard, although three times greater in extent. Moreover, Li Hung Chang has centered there the pick of the Chinese army. In the event of its capture the ques- tion arises as to whether the troops were taken, and also whether the vanquished sought to blow up the city before giving it up. In any event, it is said that great quan- tities of war material and implements for making them must necessarily follow the capture of Port Arthur. It is pointed out, however, that the capture, if effected, is mainly important in giving the Japanese a fortification inside China from which they cannot_hereafter be dislodged. The Japan- ese soldiers would undoubtedly make the place a depot of operations, and it would also afford a_protected shelter for the Japanese fleet. The gun factories which have been the chief reliance of Li Hung Chang, would henceforth be at the service of Japan, IN STATE AT MOSCOW. Fhousands of Russians View the Remains of the Late {zar. MOSCOW, Nov. 12.—Thousands of people visited the body of Alexander 111 during the night as it rested in state in the cathedral of the Archangel Michael. The golden pall was thrown half back, exposing the features of the dead man. On his breast and above the crossed hands of the dead rested the sacred icon of St. Alexander Newsky, the late czar's patron saint. The. leading offi- cials were allowed to kiss the icon, and they all avalled themselves of this much coveted privilege. It was noticed during yesterday's cere- monial that the czar showed striking traces of grief and fatigue, but he bore himself manfully and conversed a great deal with the prince of Wales, who was almost con- stantly at his side. The body of the late czar will be taken to St. Petersburg this afternoon. The imperial party and others accompany- ing the body have noticed the remarkuble change which has taken place in the tem- perature since they left the Crimea. the air was balmy and roses were to be seen on all gides in full bioom, but as the cortege proceeded morthward the weather became colder, until in this city the temperature is two dégrees below zero. The route of the proce five miles long and it i funeral proce hours in sion tomorrow is estimated that the lon will take four and a halt marching from the depot to the fortress. Twenty thousand troops will line the streets through which the funeral will pags and 16,000 troops in addition wil form the escort. The bier and decoration the cathedral are most impressive. The marble pillars flanking the nave are draped with sable and studded with tiophies of faded, war-worn regimental flags. Heneath the dome is erected a square dias surmounted by an oblong plat- form, upon which the remains will remain in state. The dals is overshadowed by a catatalque draped by a four-pillar black cloth canopy lined with silk The imperial funeral train left this city at noon today on its 400-mile journey to St. Petersburg Heavy Floods In t in ~outh of England. LONDON, Nov. 12.—Heavy rains have pre- valled in various parts of Great Britain, :ausing floods which in many cases have brought business to a standstill. At, St. Ives, Cornwall, the schools been closed on account of the floods, boats are being used to transport through the streets. Considerable damage was done on the Isle of Wight by floods. Ryde, Sandown and Brading have suffered the most severely, have and people . Port Arthur Was Bombarded LONDON, Nov. 12.—A dispatch here from Shanghal says that Port Arthur was bombarded previous to its surrender. The Chinese laid down their arms and ylelded themselves prisoners of war. The Chinese commanding officers abandsned Port Arthur during the nigkt of November 6. It was re- received There | | district attorney is The Times tomorrow will publish a dis- patch from Chee Foo saying that ¢ generals have deserted Port Arthi several generals are still fhere, Chang is commanding. | ported that some of the represedtatives of foreign powers will start foF Pekifm military but that General Election Wa HONOLULU, Nov. 1.—Vi& Victdria, B. C., Nov. 12.—The first electio of the:new re- public was a failure from a political point of view. On this, the prinipal island, there was only one man who randmganst the gov- ernment ticket and was defeated. Hvery candidate was pledged to support annexation, to the exclusion of everything else, and this was the platform of the American union party, and was applled to any senator or representative who would not declare himselt as a_true blue annexationlst. Now that the election is over the public mind is wondering when the two houses will meet for thelr first session. No definite date has been set yet, but it is hardly likely that the legisla- ture will be called together until after Janu- ary 1. 2 German Murdered nt Tangiors. BERLIN, Nov. 12.—Advices received here from Tanglers say that a German named Franz Neumann was murdered by natives on November 4. The German minister to Morocco has been ordered to proceed im- mediately to Fez and demand satisfaction. —————— LOOKS LIKE A MERRY WAR. Burlington, Cedar Kapids & Northern Thinks (t's a Big Fiictor. CEDAR RAPIDS, la, Nav. 12—(Special Telegram.)—In regard to the report that the Burlington, Cedar Rapids & Northern Rallway company would be brought up wtih a sharp turn or there would be open war because of its efforts to seclire transconti- nental business, James Morton, general pas- senger agent of the company, today said that they now had a new route by way of West Liberty to the west, ginte the comple- tion of the Burlington line tg Billings, and that 1t was the intention to @io a big busi- ness, He says there is no fanger of the other roads asking the Burlington, Cedar Rapidg & Northern to go oufl of the West- ern Passenger asscciation, as' Mtimated, us they were only too glad to have it stay in. He also said that the low rates offered wili be malintained, association or no assocation. Demise of J. D, MeKinney, WEBSTER CITY, Ia, Nov. 12—(Special Telegram.)—J. D. McKinney, a leading dem- ccrat of this county and a prominent at- torney at Stratford, Ia., diéd at his home in that city teday. s UVHARLES E. DAVIS DERANGED. Worry Over the Sickaess ot His Father Cuuses His Mind to Waver. FAIRHAVEN, Wash,, Nov. 12.—(Special Telegram.)—Charles E. Davis, while tempo- rarily insane, due to busimesh cares and worry over the sickness of: his father ut Omaha, left his home yesterday morning and started to walk to see his father, de- claring he could hear him calling, Friends followed and overtook him twenty:five miles south of the rafiroad, and will bring him back today. He hai b'e1 mestaly de anzed for several days, and a letter from home Saturday annowricing the dangereus condi- tion of his father -unbaldnced his reason. He had bis trunk packsd to leave on tne noon train, but started at daylight, saying he must _hurry and could net wait for tne train. His wife and young daughter are here, MURDERED ON THE RESERFATION. Indinng Belleved to Have vened Up on a ““Wounded Knee Seore; SIOUX CITY, Ta:; ‘Nov. 12.—4 special to the Journal from Sioux Falls,+8, Di; says Joseph La Croix and Philip Wells, his uncle; were murdered while crosstng Pine Rldfie Indian reservation. Wells togk part in the battle of Wounded Knee, and since that time has been w deadiy enemy of the In- dians, who: threatened to il him at the first opportunity, and it 18 {hought they have now carricd out thelr threats. Colorado Ropubiicans Celvbrate. DENVER, Nov. 12—The republicans of the state of Colorado hafl a ratification meeting here tonight. The parade was* the largest of its kind that ever passed throush the streets of Denver. The women of Den- ver who worked for the republican party on election day, took a leading part in~ the parade tonight, some preferring to walk rather than ride in carriages through tne streets, At the capitol grounds speeches were made by Senator Teller, Senator Wal- cott, Governor-clect McIntyre, Con r ssnas elect Shafroth and T. M. Bowen, whu was defeated in the Second dfstrict for congress. Sued the Carnegle Company. HOMESTEAD, Pa., Nov. 12—H. J. Byrd has entered a sult against ‘the Carnegie Steel company for $0,00 damages. Byrd was brought here during thé strike from Chattanooga, Tenn,, by the Carnegie com- pany. He boarded at restaurant No. 2 and was poisoned by some of the feod, for which poisoning District Master Hugh Dempsey of the Knights of Labor and others are now serving time In the penitentiary., Byrd has been ill ever since. Last April he was dis- charged on account of his ill health, for which he holds the Carnegie, company re- sponsible. BB AR Y Democrats Get All bug One, DALLAS, Tex., Nov, 13.—Qfficial figures from nearly all the districts ave in, and the congressional delegation stands as follows: 5 heson, democrat; Second, Cooper, Toird, | Youkum, - democrat! Fourth, Culberson, democrat; Fifth, Hailey, democrat; Sixth, Abbot(, demoerat; Seventh, Pendleton, democrat; 13ighth; Bell, demo- Ninth, Sayers, democrat; Tenth, Crow- at;” Eleventh, Craln, democrat; Noonan, republican; Thirteenth, Cockrell, democrat. el Knighs Gathering at New Orlea, NEW ORLEANS, Nay. 12,—The ¢ighteenth annual session of the gemeral assembly of the Knights of Labor will convene in Screw- men hall at 12 o'clock tomorrow. Governc Foster of Loulsiana and Mayor Fitzp will deliver addresses of ‘weloome in behair of the city and state.. All of the oMicers, ogether with scventy the district semblies throughout the coun- y, have arrived and are p-epared for work. V. Powderly will arrive tomorrow. — Killed by a talling Wall PHILADELPHIA, Nqv, 12—By the col- lapse of the wall of a building in course of erection at 2438 Frankford avenue this afte noon one man was Kifféd and six others geriously Injured. The wmehiwere at work on the bullding when the accifient happened. James Mullen was o seyerefyrinjured that he died shortly afterwapds.t The injured are: Jesse Peters, Samu oward, Oliver Reedy, Adolph Durella, Bewls Gellétti ana Anton’ Costello, ¥ Advanced the Puddl Wages. PITTSBURG, Nov. 12.~Th¢ puddiers em- ployed in the Wayne Iros wprks of Brown Sons & Co. of thie citgfhavp been notified that beginning next nday ithe rate for !nhMHhR would be advaneed @40 per cent. They are now paving $4fper tpn, the highest rate in the district, and wighi'the advan will pay $1.40. The jadyance 8 A volu tary fulfillment of the firm'sg promise made last sprirg when the reduetl in puddling took place. i Ao Grand Jury Wil Investigite Syoum. INDIANAPOLIS, Ind,, Noy.#13%—The fed- eral grand jury, which meetf4n a few days, will be asked to investigTte {he charge that Congr: man W. D. Bymud made that he had approached by bribers, who wanted him t5> pay for the gppointment of surveyor of customs. Th United. States t af the' city, but of s understood that Judge Mr. Burk's attention to BB ol t Ovor at New Orlca ANE, Nov. 12—-Judging by preseit appearances, (he 'abor trouble scems to be at an end. Mr, Saunders, the locel agent of the West India w.eamship line, has colored men at work on three steamers, the Willlam CIff at Southport and Barbirian and Florldan at the head of Nun street. The police are still on- the levee i force, for the alleged purpose of protecting the col- clals say that it Woods will call ™ NEW Smlipor in New ¥or NEW YORK, Nov, I2--Thirteen gases of smallpox were discovered today in fhe vi- PAYMENTS HAVE DECREASED Railway Commission Files Its Report on the Bond Aided Roads. BONDS FALLING DUE NEXT NOVEMBER Conditlon of the Union Pacific Commented on at Length—Segregation of the Sys- tem Furnishes a Gloomy Out- look for the Future, WASHINGTON, Nov. 12.—Hon. Wade Hampton, commissioner of railways, has made his annual report for the year ending June 30, 1894, to the secretary of the interior. The commissioner calls attention to the effect upon rallway earnings of the financial and in dustrial depression which, reaching the United States, had prostrated every in- dustry In South and Central America and in Mexico. He notes the fact that, notwith- standing this depression, the Union Pacific, which. includes the Kansas Pacific, Is the only one of the bond-alded railways which, during the period mentioned, passed into the hands of receivers. The dismemberment of this splendid system, by the operation under separate recelvership of the Oregon Rallway & Navigation conipany; the Denver, Leadville & Gunnison and the Denver & Gulf and the Fort Worth & Denver City Railway compan- fes is commented on as furnishing the most gloomy chapter of railway literature that has been published during the past year. The accounts of the bond-aided companfes were examined by the bookkeepers in Boston, Chicago and San Francisco in the months of June and July of the current year, and the amount found due the United States care- fully ascertained. A personal inspection of the properties of the Union and Central Pacific Raflway companies by the commissioner showed them to be in excellent physical con- dition. ~ The Union Pacific Railway com- pany, including the Kansas divisions, shows a decrease of net earnings as compared with 1892 of $2,105,056. The amount found due the United States under the act of 1864 (Kan- sas division) and the act of 1878 (Union di- vision) was $137,895 less than for the previous year. The Central Pacific Railway company for 1893 shows a reduction of $57,892 as compared with 1892, but the amount of transportation services rendered the government (which fs all credited to the United States in ascertain- Ing the percentage of net earnings) was $110,624 in excess of the previous year; con- sequently the amount found due the United States Is $7,726 In excess of 1892. The net earnings of the Sioux City & Pa- cific Railway company in 1893 were $106,460 in excess of 1892, the amount expended for new construction and equipment purposes not having (as in 1892) reduced the net earnings to an amount insufficient to pay the interest on the first mortgage bonds. The amount found due the United States, therefore, un- der the acts of 1862 and 1564 was $5,779 in excess of the requirement for the previous year. The Central branch of the Union Pacific Railway company shows a decrease in net arnings as compared with 1892 of $100,112, and a corresponding decrease in the amount found due the United States under the acts of 1862-64 of $5,010. BONDS MATURE NEXT YEAR. The commissioner calls attentlon to the fact fthat in the' case of the Union Paeific Rafl- way company, Kansas Pacific bonds, to the amount of $640,000, will mature on November 1, 1805, and between that date and January 1, 1899 the balance of the subsidy bonds, aggregating about §32,899,512 will also mature, for whose payment or redemption the com- pany has practically made no provision. In the case’ of the Central Pacific, the aggregate of whose liability amounts to upwards of $56,000,000, the company has provided a sink- ing fund for the redemption of the first mort- gage bonds, the funds at present available for that purpose amounting to nearly $6,000,- 000. Referring to what is known as the “Rellly bill,” the commissioner is of the opinion that on the basis of the operations for the year of 1893 (to say nothing of the “strike” year of 1894) there is grave doubt of the ability of the companies to meet the requirements of this bill. He recommends the adoption of an amendment to the Thurman act, by pro- viding that the amount of net earnings to be retained and applied to the liquidation of the mortgage indebtedness be increased from 25 to 60 per cent. He renews the recommnda- tion of last year, that the Thurman act be amended 8o as to embrace within its provis- fons all of the Pacific railways which have received from the United States bonds in aid of construction. The Pullman strike of 1894, having, in the opinion of the commissioner, furnished a powerful argument in favor of the right of the government at all times to control the carrying of the mails and to enforce the pro- visions of the interstate commerce law, he recommends that congress take into consid- cration the propriety of creating a national board of railway arbitration, to whom all questions in dispute between railway corpo- rations and thelr employes shall first be sub- mitted before action is had, and whose de- cision in respect of all questions submitted, shall be final. CREATED A COM before OTION. Radieal Utterances of Franz Kossuth Cause Excitement 1y Hungary, VIENNA, Nov. 12.—Maurice Jokai, Hungarian author and member of the Hun- garian diet, has written a letter to Franz Kossuth, eldest son of the late Louis Kos- suth, condemning Kossuth's agitation in favor of a purely personal union with the emperor as the only connecting link be- tween Austria and Hungary. Jokal declares that it would be a misforfune to Hungary if countless barriers were erected causing Hungary to lose the Austrian market for her agricultural products. According to Jokai the nationalities hostile to the Magyars would immediately organize sgainst Hungary and she would lose Transylvania, Crotia and Fiume, her sole seaport. The letter shows that the leading Hun- garian patriots are alarmed at Kossuth's utterances, which are securing him a tri- umphal progress through Hungarian towns. A solution of the Kossuth question, how- ever, will soon be precipitated by his being | summoned to take the oath of allegiance to the king. If he refuses he will be expelled from Hungary. Franz Kossuth recently asked the mayor of Buda-Pesth to make him a citizen. and thus save him the trouble of ten years residence in’Hungary, a neces- sary condition of his candidacy for the Relchsrath. Kossuth's action in this matter was designed to save him from the necessity of swearing allegiance to the king. It was added; however. that it will fail of its ob- fects, as he will have to take the oath or remain ineligible for election to the Reichs- rath, the DENIALS FROM TREASURY OFFICIALS, Al Say that No New Loan Is in Con- templation WASHINGTON, Nov. 12.—There are no new developments in the matter of another bond issue. Both the president and Secretary Carliste In Philadelphia to witness the launching of the St. Louls, and consequently nothing from authoritative source could be ascertained. Assistant Secretary Curtis weut to New York Saturday evening, but if his visit has any sigoificance or connection are an | the with the bond issue question he was very careful to conceal it, for on Saturday after. noon he stated that it was his oninion that no fmmediate bond issue was in contempla- tlon and advanced strong arguments showing cinity of West Thirty-ninth streef:. The contagion arose from & case of the diseas: Ipcently found at 4’ West Thlrl)’-ulnllll that at present, at least, there was no ne- cessity for it. None of the treasury officials pow in Washington have heard any intima- OFFICIAL RETURNS. LINCOLN, Nov. 12.—(Special Telegram.) Official returns are being received and tab ulated by the secretary of state. Those al- ready recelved In every instance confirm the figures heretofore published by The Bee There 1s no possibllity of Holcomb's plu rality falling below 8,100, —_— tion of an lssue, and these include the men who were first consulted before the action of February last was determined upon. Never. theless there are excellent reasons for the satement that the president has fully de- clded to place anofher loan, &nd that, as previously stated by the Associated press, the announcement will very likely be made be- fore the close of the present week. Person in positions to know what action is con templated state that a new loan is inevita- ble. This statement, of course, does not take into account the possibility that the pres dent may at the last moment change his mind, REITERATES HIS STORY. Bynum Says that Several Parties Offered Him Money to Secure Oftice. WASHINGTON, Nov. 12.—Congressman W. D. Bynum of Indianapolis has made this state- ment: “The statements I made relative to the eftorts to secure my endorsement for the office of surveyor of the port at Indianapolis by corrupt offers were not correctly reported In every particular. What 1 sald was, first, that one applicant had made an offer in writ- ing to pay me 20 per cent of the salary of the office if T would secure his appointmen second, that a person, verbally made a simi- lar proposition; third, that indirectly another had intimated that he would pay $5,000 cash if he should be appointed; fourth, that I had, upon my return home during the campalgn, been told by a creditable person that another person had drawn out of his bank a large sum and stated that he was going to Wash- ington to secure the position, and that the party who came here went back without my endorsement. “The interview, as published, made mo that the party who was said to have drawn the money out of the bank had come to Washington offering the same to me if 1 would secure his appointment. This was incorrect. 1 do not know who the party was. A party came to Washington to see me about the office; talked about his great success in business, and stated that if he could secure the position he would generously contribute to aid In campaigns, when I promptly in- formed him that my endorsement carried no other obligations than that the party who re- cefved it, if appointed, should faithfully and efficiently perform the duties. If this w the same party who is said to have come here with corrupt designs, he made no further advances. “The present surveyor, who was recom- mended by Semators Turple, Voorhees and myself is a man of unquestioned character and stands the equal of any citizen of Indianapolis for morality, integrity and hon- esty. He was not an applicant for the pos tion, and only consented to the use of his name at my solicitation. When at homs, during the campaign, I learned that amongst those who were opposing me were those who had attempted, by disreputable means, to se- cure the position of suryeyor, and that they were basely insinuating that the present in- cumbent secured his appointment by the same methods. During the campaign I paid no attention to these calumnies, but when that ended I determined to expose their in- famy." “What about the charge of County Recorder Maurice Donnelly that he had an understand- ing that a money offer would secure the office?” asked the reporter. “That is as infamously false as anything I have ever heard,” said Mr. Bynum. “The very character of this man is sufficient to place the equivocation in its proper class. I will have nothing more to say on the subject for the present.” SERUM IS COSTLY. edy for Diphtheria Cannot Be Produced Fast Enough for the Demand. WASHINGTON, Nov. 12.—Among the re- ports coming from our consuls at different posts regarding the new serum treatment for diphtheria is one from Consul General Charles DeKay at Berlin exhibiting the efficacy of the new treatment by compari- son. He sayssthe establishment at Schering, near the Jungfern Heide has forty horses under treatment for the production of serum, yet the demand for the articlc has been so great that the hospitals ran out of it in September. This had a singular effect on the death rate. While for diphtheria in children under 4, the most difficult sort, the rate had sunk to 11 per cent before the ex- haustion of the store of serum, it rose dur- ing October to 60 per cent. The serum is costly because establishments for its production are few: it takes a long while to prepare and must be had compara- tively fresh. It is given out that it takes at least nine months and sometimes a year to get the animals—all under 3 years old— into condition. One animal does not furnish much blood at & time—say two quarts—must be carefully fed between intervals of tap- ping, and, as in time the strength of the blood gives out, it is necessary to go over again the process of cultivating the bacillus, Absolute certainty is not ascribed to the cure, and especially cases in which other di eases are! present should not be considered a fair test of its virtues. It is not at all a panacea. MONGOOSE A DANGEROUS ANIMAL, Consul Ford Sends a Warning Against Its Naturalization Here, WASHINGTON, Nov. 12.—Consul Ford at Jamaica, hearing that Mr. Vanderbilt has im- ported the mongoose for his estate near Asheville, N. C., has sent out a note of warn- ing through a report to the State department and says it will be well for our government to profit by Jamaica's experience and pro- hibit the importation of the mongoose into the United States. He recounts the evil ef- fects following the introduction of the animal from India into Jamaica to destroy the rats which Infested the plantations, They did their work so well and increased so rapidly that their natural food supply was exhausted and they began to prey upon ail small living creatures. All of the ground birds were wiped out, all enakes and toads and land crabs. Newly dropped calves, young pigs, gae, turtles, all fell victims to the mongoose, which became a much worse pest than the sparrow in America and the rabbits in Australia. As a result of the destruciion of these small creatures all insects multi- plied amazingly until they become a pesti lence at somye seasons and the people of Ja- maica now want to exterminate the mon- goose. Postmasters Commissioned WASHINGTON, Nov. 12.—(Special Tele- am.)—Postmasters were commissioned to- y as follows: Nebraska—C. Dana Sayers, hadrol John F. Koons, Violet Towa Thomas I, Kelly, Adair; Robert Hufschmidt, Lansing. B. F. Philby has been appointed post- master at Oak, Nuckolls county, Neb,, vice 8. A. Weaver, removed, The comptroller of proved the selectior tional ba the currency has ap of the Flour City Na- k of Minneapolis as reserve agent for the First National bank of Redfield, 8. D. He has been advised that the First Na- tional bank at Nashua, Ia., has gone into voluntary liquidation by resolution of its stockholders, dated November 1; also that. followlng _charges have oceurred in officers of the First National bink at Neligh, Neb.: C. A, Relmers, president, vice J Blackford; C. R. Alder, cashier, vice W. Estes; E. 0. Reimers, assistant’ cashier. Died on the EL NEW “YORK, who was a Rallroad. Nov. 12.—J. Hood Wright, partner in the banking house ot Drexel, Morgan & Co., died suddenly to- night on the elevated raliway. He was 67 years of age and had property at Kstus Park, Colo, RAILROADS WIN IT Judge Brewer Forbids the Enforcoment of Maximum Freight Rate Law, OPINION IN THE CASE YESTERDAY Measura is Constitutional but Rates Are Declared Unreasonable and Unjust, DISCUSSION OF ALL ESSENTIAL POINTS Legislature Olearly Had the Power to Pass a Bill of this Import, VZLID SAVE'IN ONE IMPORTANT ‘RESPECT When Earnings Increnso State May Ask for A Relnvestigation—Judge Dundy Dis- sents from Several positions— Langauge of the Declsion, Judge Brewer has submitted his opinion in the maximum freight rate case which was argued before him several months ago. The plaintift railroads asked for an injunce tion restraining the operation of the law, the main contentions being that the bill did not regularly pass the legislature, that It was unconstitutional in that it was in vio- lation of the interstate commerce law and an interference with interstate commerce, and in that, with respect to the Union Pa- cific, it presumed state control over matters solely in the jurisdietion of congress, and finally that the rates sought to be enforced were unreasonable and unjust. Judge Brewer sustains the plaintiffs only with respect to the latter point. He finds that the bill became a law under regular process and that the law is constitutional, The decision, however, renders the law inop- erative because in the very important matter of the reasonableness and falrness of the rates prescribed Judge Brewer decides for the railroads and forbids the execution of the law on this account, giving to the state the privilege of at any time asking for a reinvestigation when it is advised that the earnings of the railroads render the rates equitable. The fact Brewer's rate that Judge do- cision In the maximum freight case was to be handed down through Judge Dundy was the means of assembling a large number of the state and city bar within the gloomy federal court fooms. Every seat within the railings was occupled, while a& large number were crowded within the spaced without. Preceding the rendering of the decision & large number of motions were heard and disposed. At 11 o'clock sharp Judge Dundy sald: “I am now ready to make a disposi- tion of Judge Brewer's opinion on the maxi- mum freight rate cases. Judge Brewer, after the conclusion of the argument, took the papers with him and ha ted a long time to thelr mature consideration, and re¢ently prepared and gent to me his opinion, requesting me to reduce my ideas to writing and submit the same together with his. I have not had the time, being engaged by other business, to comply with this request and submit the opinion as prepared by him~ self. Later, 1 shall probably reduce my ideas to writing and file the same.” The introduction to the opinion merely states the names and titles of the persons and corgorations interested in the suit, show= ing that the plaintifts were Oliver Ames, George Smith, et al., and Henry Higginson, et al, all stockholders In the Union Pa- cific, Chicago & Northwestern, and Chicago, Burlington & Quincy railroads, and that the defendants were those three named roads. SYNOPSIS OF THE BILL. “On April 12, 1893, the legislature of the state of Nebraska passed an act spoken of in the record in these cases sometimes as the Newberry bill and sometimes as house roll 33, which act prescribes maximum rates for the transportation of frelght by raliroads within the state. The act in terms applies ovly to freight whose transit begins and ends within the state, and in no manner at- tenpts to affect interstate freight. “The bills in these cases were filed to res strain the state officials from putting the act in force as against the railroads named. Pleadings were perfected, a large volume of testimony has been taken and the cases are row before us on pleadings and proof for determination. t the threshhold the question arises whethier this which purports to be an act of the legislature Is a law; in other words, whether the various steps prescribed as es- sentlal to the due passage of a bill through the two houses of the legislature were all regularly taken. The act is found duly filed in the office of the secretary of state, Is at- tested by the signatures of the speaker of the house and its chief clerk, and also by the signatures of the president’ of the senate and its secretary, s endorsed, approved April 12, 1893, ‘Lorenzo Crounse, Governor,” and bears the following additional certificate signed by the chief clerk of the house of representatives: ‘I hercby certify that the within act originated in the house of repre- sentatives and passed the legislature April 8, 1893.' " VALIDITY OF THE LAW. After reviewing the contention as to the constitutionality of the maximum rate law Judge Brewer continues: “As for the parole testimony which was offered tending to show some verbal altera- tions In the bill after it had passed the house of representatives, it Is enough to say: First, That parole testimony is not admiss. able o impeach the valldity of an act which by the record s shown to have been duly and legally passed, and second, even if such testimony were competent, the supposed al- terations were trifling and not of a character to affect in any substantial manner the scope and reach of the bill. Iam, therefore, clearly of the opinion that this act passed the legis~ lature and received the approval of the goy- ernor in due conformity to all substantial re- auirements. rom this preliminary matter I turn now to the consideration of various questions claborately discussed by counsel in respect both to the scope and validity of this law and the jurisdiction of this court. Many I shall notieo but briefly, for, while I have given a carcful examination to all, to at- tempt anything like an elaborate discussion of each would unnecessarily prolong this opinion t Is Insisted that the Unlon Pacific Rall- way company cannot be subjected ta the pros visions of this statute because it is & cor~ poration created by congress and as such fn the discharge of any ‘of its functions Is sub- ject only to the control of that body, The keneral question of the power of the stal in respect to rates for local freight over a corporation organized under the laws of cons gress was considered in Ragan agalust Mer- cantile company, 154, U. 8. 413, and it was there he! that the mere fact that the cgr- poration was so organized did not exenibt it from state control in that e spect. It was conceded that eome gross could wholly remove such corporation from state control, but it was held that in the absence of something In the statute indicating an intention on the Jart of congress to remove it, the state had the power to pre scribe the rates for all local business carried by it. Of course, that declsion is controllin It 1s true there is one provision In the Uniom Pacific act which tends to show an intent on the part of congress to retain for itself full control over all rates. That Is found i