Omaha Daily Bee Newspaper, December 15, 1894, Page 2

the order itself could justi the writ. No question is made In a proceeding for sufficlency of the petition in respect to matters of merely. The ¢ question hera, whether the case presnted by the peti fy dlsobedience of mads or could be contempt_of the for the injunction rm and averment thercfors, 18 n was of a class which in a federal court admits of the remedy by Injunction. Without g to th the charge made against t that they a1 hinder and interrupt inters the carriage of the malls ing Chicago by means and | stitute within th recogn! public nuisance DEFINITION “A nuisance fs worketh hurt, inconve Blacksone's comr “A public nu ehce or troubl whole community in g #ome particular person mentaries, 165,) As defined in were engag OF N th offen it “We latio rer either by a rights or perty whiich lends to a commin i tng to do some act which requires and which it is th to do and the on to fpjuriously to the public A form of public nuis zance has been taken by th land and in this cou presture, which Is defined t ment upon the lands and ri fncident thereto helonging to which the public have a of enjoyment and encroach ble streams.” Tho remedy for a purp: by Information in equity o torney general or other (“Wood ‘on Nuisances,” against Vanderbilt, 28 N leans against United S 662; Attorney General Missouri, ard C, In “Kerr 01 “There Is a wie presture and a nuisance cooxist, either may exist w “If the act complained of it may be restrained at tl torney general, whether not. ~ Befng an encronch of the sovereign, like tre of an individual, it Would frrespective of any damag orue. But to constitut damaging to the public ri or other public right must fst. If the act complain purpresture without being # nuisance the court will Jaquiry to be made whethe ficlal to the crown to abat or to suffer it to remain But 1f the purpresture b nuisance, this can not be cannot sanction a public r Accordingly it is contend cases and text writers a that ‘“equity has jurisdi public ' nuisanc's upon bi filed by the attorney gener: paople. The supreme court of the spoken on the subject. In mayor of Georgetown aga Canal company, 12 Peters, 9 Injunc Junction was sought against Potomac navigation of the sald: “‘Besides this remed 1 on N by against ifference Although they may otalls of averment he defendants vres n a conspiracy to te commerce and upon traine enter- n a manner to con- zed definitions a UISANCES that » or damage;” unlawtully @ € a3 the al and Blackstone's com- ilsances,” 638, “A n of a public right iment upon public a some act njury, or by omit- the eommon good duty of a | do which resul of which cognl- e ¢ itry ) 1 shts and ease to the put right of ment upon nay resture stmply s at the suit of at- proper officer 107, 1 People Y., 306; New Or- 5, 10 pet. (U. 8) Forbes 2 g 1 pur- 5, it s between a ithout the ofher. f be a purprosture \e suit of the at- bo a uuisance or ment on the sof spass on the soil support an action which may ac- a public nuisance ght of navigation be shown to ex ed of be a mere At the same time usually direct r it will b > the purpresture and be arrested also a public ne, for the crown uisance.” ed, and numerous ¢ to show ction o restrain 1l of information al on behalf of the United States has n the case of the nst the Alexandria 1-93, where an in- obstructing the river, the court ly at law, it Is now settled that a court of equity may take Jurisdiction in cases of pu an Information filed by the Whilst, therefore, it is adn it is confessedly one of cordingly the instances clsed are rare, yet it ma those cases in which there of irreparable .mischief of the law can reach it.” GOVERNMENTAL C But while the jurisdict Buglish court of chancery courts of the several state not understood to be dispul the defendants, they do insist o authority, the nothing for the proiection of interstate commerce, wli Water. “Ia reply to reference is made to tne act merce as amended by the 1889, 25 U. S. S 2 that by forc: of the pro statute power is conferred ¢ censtitution “to regulate the several states.” The national control over the chacnels and age commerce, including railw navigable waters, and ou tion whatever hal boen ti arisen by necessary implic tion of the foderal courts f the principles of equity to nierce against znenm’ of legislation by o ha tain the injunction is also ground of property rights the nation owns the mail bags | beyond dispute, and that i annually for the carrying the trains is well er against Stokes, 3 How there was whether mails_were “laden with United States,” and from toll on the Cumberlan vania, and the supreme United States nave ofty in the mails. They a where before federal thig position of interference The right of the federal gov 151, vehicles therefore unquestionably ublic nuisance by attorney general mitted by all that delicacy, and ac- it is exer- v be cxercised in is eminent danger the tavdiness JONTROL. fon of this high and of the equity of the union is ted by counsel for that, in th ongress conferring courts can do of the highways \ether on land or the defense t to regulate com- act of March 2, nd it is contended visions of that on congress by the commerce among ended ncles of interstate ways as woll as t of this legisla- \e rule beroca has ation the jurisdic- a accordance with protect that com- or obstruction. roment to ob- asserted upon the in the mails. That of course, t pays large sums of the malls upon tood fn Searigh The question carrying the property of exempt d road in Pennsyl- court said: '“The a prop- ro not mere com- 15 been e the OMAHA DAI [ b whers the power was with congress ex clusively, as in the matter of Interstate rates.”” (Wabash railway vs Ilinols 118 U 8., 657..) is, of course, true that waterways are ays; that the latter and the title to the land under them are owned and controled under legal limitations by companies who operats them for gain; but so are the boats which ply the rivers and lakes of the coun try, and 1 see no reason In any of the sug- gestions advanced for eaying that the courts | may give to commerce on the rivers a pro- | tection which they may not cxtend to commerce on the raflways, The rai ¢ s are clothed with the power eminent wnfn to enable them to acquire lands neceseafy for their purposes, becaus the proposed is for the public ben To the extent of the share which the eom panies have of interstate commerc: they hold thelr lands and r t way for of the general pu and sul national control For this purpote, to use the expressi supreme court in Gllman vs Philadelphia Wwall 713, in respect to navigable waters, | they are the public property of the nation and subfect to all the requisite legislation of | con, { | The jurisdiction of the courts of equity and [ by implication their right to punish for con- | tempt ere established by the constitution qually without the right to trials by jury, 50 long as there is no attempt to extend | | juri=diction over subjects not p-operly ¢gn'za | ble in equity, there can ba nc ground for th objection that the right of jury trial has been away. The sui may constitute )t and a crinie, but the contempt is ing, the crime another, and the punish- ment for one is not a duplication of the pun ishment of tha other. The contempt can be tried and punished only by the court, while the charge of crime can be tried only by a jury. POSITION OF THE DEFENDANTS. Judge Words, ref>rring to the ro | ion cf the defendants in respect to the act of July 2 1890, that ft “is directed at capital,” “at dangers supposed to result from vast aggrega- tions of capital and not of force and violence | or wholly against trusts not at organiza- tions of labor in any form, : It s clear that a further and more comprehensive pur- pose came to be entertained and was em- bodied in the final form of enactment. Com- ations are condemned not only when they take the form of tr but in whatever form found, If they ba in restraint of trade. That s the effect of the words “or otherwise.” I have no doubt but that this statute, insofar as it is directsd against contracts or combina- tions in the form of trust or in any form of | a contractual character,” should be limited to contracts and combinations, such, in their general characteristics, as tne courts have declared unlawful. But to put any such lim- itation upon the word conspiracy is naither necessary nor, as I think, permissible. To do 50 would deprive the word of all significance. Any proposed restraint of trade, though it be in itself fnnocent, If it is to be accomplk by conspiracy is unlawful. That th one of equitable character is clear and as I understand has not been questionsd by coun- sel—their contention being that neither by this statute nor upon general principles is the case within that jurisdiction of a federal court Excepting the case of United States vs Patterson, [ know of no ruling inconsistent with the jurisdiction here exercised. 1In the case of Phelan, who was charged with con- tempt of the United States circuit court at Cincinnati, growing cut of the strike of last ymer, and involving facts essential and tdentical with the facts of this case, Judge Taft declared the combination to be “in the teeth of the act of July 2, 1899, and after qucting from the act and referring to the rulings of other judges In accord with his cwn views, said: “A different view has Dbeen taken by Judge Putnam in the case of United States vs Patterscn, 65 Fed. Rep. . but, after consideration, Judge Burton and I cannot concur with the reasoning of that learned judge. The fact that it was the purpose of Debs, Phelan and their associates to paralyzo the interstate commerce of this ccuntry is shown conclusively In this case, and is known of all men, therefore thelr :bination was for an unlawful purpose and is a conspiracy within the statute cited.” The facts of this case suggest illustrations of the impropiety as well as inconsistency of putting upon the statute the restrictive con- struction proposed. If, fir example, rthe manufacturers of other sleeping cars, in their own interests, should enlist the brakemen and switchmen cr other employes of the rail- roads, either individually or in asscclated | bodies, in a conspiracy to prevent or restrain tho use of Pullman sleepers, by refusing to move them, by secretly uucoupling, or by ther elusive means, the monopolistic char- acter cf the conspiracy would be so evident that, even on the thery that the statute is aimed at contracts or combinations intended to engross or monopolize the maket, it would be agreed that the offense ought to be pun- inshable, but if in such a case the officers r agents of the car companies, who might or might not be capitalists, would be iu- dividually ~responsible for ' violating the statute, upon what principle could the fire- men or switchmen be exenipt? Can work- ingmen, or, if you will, poor men, acting by themselves, upon their own motion and for their own purposss, whether avowed or sccret, do things fcrbidden. by the statute without criminal responsibility and yet be criminally responsible for the same things done at the instance and to promcte tho purposes of others? Or will it be said that under this statute one who s not a capitalist | may without criminality assist capitalists in the d<ing of things which on their part are eriminal? If that be so, then if a capitalist and one who Is not a capitalist join in doing things forbidden by this state neither can be it not ra to the of | the 3 bene- | ¢ | b | or | AT LY BERaSATURDAY warnings acts of depredation or visible destruction of property, it may be well | belleved, were insincere, but their followers did not understand, and this court cannot believe, that it was intended to fors bid intimidation and the milder forms of violence which did not directly involve the destruction of property or severe injury to persons, and which for that reason, it ms, were assumed to be not unlawful t employed In the interests of ga Iz al in a contract with “an al nee of rich and powerful corporations.” A L1 LED IN VIOLENCY, Judge Woods said the alleged advice counsel neither justifies nor mitigates rong or error committed in pursuance the advic With all that is sald about guarding property, keeping the peace, and bein the first to ar t oftenders, n one rested, and no effort was made by or members of the A L the peace or to prot pert On the contrary, ma. rs in ccenes of this strike, like war, not n a conflict of agninst preserve and bullets, interests strategy of blood in which o keep the men in | than o peaceable strike rrom work. Had it been injunction, instead of bein would have been in their very weapon they needed to e s the violence and they say they saw success of their ssarily but between conte had line, me only t a hindranc hands, th enable them to be it was » cesantiof At the the y f two or t of Jure 29 attended a is shown by the testimo! more witnesses that on the n Debs and Howard and Keliher meeting of the local union Blue Island, a suburb of Chi~ago, on the line of the Rock Island & Pacific rallroad, that he and How- ard each acdressed the' men, that on the next dhy was joaugurated “a condition ¢ turbulence”, which a witness declared he “‘did not belive could exist.” And notwith- tanding the cfforts of the United States marshal b, ading the injunction and otherwise tc ell the disturbance nothing was accomp! «d urtil July 5, when federal soldiers arrived. These things directly fol- lowed, and in large measure, 1 think it not unwarranted to say, were the natural and probable result of the speeches made and counsel given to the men by Debs and Howard at the meeting on the night of the 29th at Blue Island. Suggestions calculated to incite the acts of violence or intimidation were contained in many of the telegrams which were sent over the name of Debs, for which, notwithstanding the averment of their answers to the contrary, it is no I possible for any of the defendants to / some measure of responsibility. ie right of men to strike peaceably and the right to advise peaceable strike, which the law does not presume to be impossible, is not questioned. But if men enter into a 5 any unlawful thing, and in | ccomplish their purpose’ advise | men to D upon a strike, knowing ence and wrong will be the probable neither on law or on morals can ape responsibility. VERDICT OF GUILTY. Pullman cars in use upon the roads are instrumentalities of commerce, and it fol- lows that from the time of the announce- ment of the boycott the American Railway union was committed to a conspiracy in restraint of interstate commerce, In viola- tion ¢f the act of July 2, 18%0, and that the | members of that assoclation and all others | who joined in the movement became crimi- | nally resporsible each for the acts of others fone in furtherance of the common pur- pose, whether intended by him or not. The officérs became responsible for the men and | the men for the officer , | 'he original gonspiracy against the 'use of | Pullman cars Became a conspiracy against | transportation and travel by railroad, Upon | thelr own authority, without consulting the | local unjons, the defendant converted the | boycott into a strike, and with the aid of followers, some of whom stopped at no mear 7 the drawing of a coupling pin and the undermining of a bridge wher by men should be hurled to death, the pushed the strike to th conditions whic prevailed when the intervention of the court was asked, and which in the end compelled the cmployment of military force to r establish peace and start again the activi- ties of commes Much has been said, but without proof, of the wrongs of the workmen at Pullman, of #n alliance between the Pullman company and the railway managers to depress wages, and generally of corporate oppression and arrogance, but it is evident that these things, whatever the facts may have been proved or imagined to be, could furnish neither Justiication nor palifation for elving | up a city to disorder and for paralyzing the { industries and commerce of the country. The decision of Judge Caldwell has been re. ferred to, but while that recognized the right of employes to quit the service of the receivers, it contained no warrant for ins timidating or abusing those who were will- ing to take employment, or for otherwise interfering directly, as the defendants and thelr followers did, with the manageraent and operation of the road. The court therefore finds the defendants puilty of contempt as charged, in each of the cases. The same sentences will be ordere n both cases, but it is not intended that they shall be cumulative. order workin that v autcom: they e DERS TALKS ON THE VERDICT. Thinks Judge Woods Drew an Unwarranted Assumption. CHICAGO, Dec. 14.—Debs said tonight, re- arding Judge Woods' decision: “I am a law abiding man, and will abide by the law as comstrued by the judges. But if | Judge Woods' decision is the law, all labor organizations may as well disband. —Ac- cording to him, every strike is a conspiracy and is unlawful. Then If our wages are re. duced 50 per cent and two of us decide to quit rather than submit to a reduction we are guilty of a conspiracy. Of course, he says strikes are all right if they are peace- able, but who can teil when violence will follow a strike? In the strike of last sum- mer every effort was made by the leaders to prevent violence. We warned the men to respect property and even to keep o ffthe right of way of the railway companies. Judge Woods intimates this advice is given for the effect that it would have upon the public. What right has he to draw such an inference. There is nothing in the evi- dence to support it. DUBUQUE, la, Dec. 14—W. W. Ewing, counsel for Kugene V. Debs, would not ex press an opinion of the resilt of the case, saic of a | | bellows to mend, while Lavign N NAY BE BOWEN'S LAST FICHT Lying in His ing Room in a Dangerous ndition, ' " e LAVIGNE A WIN§ER FROM THE START No Match for the “Saginaw K1a" and Didgvo Work After the First Kound—Fight Was and Furloug from the start, Fust NEW ORLEANS vigno and Andy the auditorium 1,000 people. Dec. Bowen 14.—Goorge L fought tonight in in the presence of about The purse was $4,000, divided, $3,600 to the winner and $500 to the loser. John Duffy was chosen referce and the fol- lowing celebritios acted as seconds: Billy McCarthy, Bfily Layton and Al Spitzaden looked after Bowen, while Van Pragg of Chi- cago was his timekeeper. Sam Fitzpatrick, Jim Hall and Martin Murphy esquired Lavigne, and George F. Considine of Detroit held the watch for the Saginaw Kid, Ref- ee Duffy announced beforo the fight that a decision would be given at the end of the twenty-fifth round—in other words the con- test would not be declared a draw, Both men were overweight, Bowen ing 133 and Lavigne 135. The weight upon was 130 pounds. In the first round Lavigne slipped floor twice, welgh- agreed to the U to the third round he was the aggressive man, and had the better of the fighting, though Bowen landed some stift body blows. In the fourth round Loevigne had ali the best of the fighting, landing several right- nanders on Bowen's face, Staggering the home man as the gong sounded. The fifth and sixth rounds were also in Lavigne's favor, though little or no effective work was done. in the seventh round Bowen was cut over the eye. Lavigne looked every inch a win- nel Tho eighth and ninth rounds were both Lavigne's, Bowen was clearly outclassed. At the end of the ninth round Bowen had was unscathed and seemingly as fresh as when he began In the tenth and cleventh rounds Lavigne had much the best of the fight, Bowen being knockad all over the ring. In the twelfth and thirteenth rounds it was the same old story, Lavigne did all the forcing. In the fiftecnth round Bowen was nearly downed by a heavy right-hander on the jaw and would have been floored had not the gong saved him. In the seventeenth round Bowen was knocked down. He received terrible punish- ment, though he took it gamely. In the eighteenth round Lavigne feinted with his right, and as Bowen ducked, his elbow caught Bowen's chin. As Bowen straightened up Lavigne's right caught him on the point of the jaw. Bowen fell back, his head striking the ~platform with full force. Botven fought a game fight, but was never in the contest davigne fought fairly but furiously and deserved his victory. Bowen was carried limp and senseless from the ring by hig teconds to his room, where Drs. Finney, S#gi#t and Barnum waited to Dring him to conséMbsness. There was great excitement in the man's room, with the fear that he might die entertained by all present Dr. Hanen, who has had much practice in connectioh with boxfg matches, said Bowen was evidently siltdriily from: concussion of the brain. One of,the,bad symptoms was the pupils of the eyes wore different colors and frequent vomitigg, gyused the man's friends much alarm. At the hour of this report (11 p. m.) Bowen igstill {n a bad way. At 1 n'cluck‘ilifimming Bowen's condi- tion had not imiowed and it was deemed so serious that he was conveyed to the charity hospital. Lavigne hps been detajned by the police. Y A2 o'clock Bowertwas still unconsciots. e has been taken to his home and the en- tire Lavigne party has been arrested. SENSATIONS AT BAY DISTRICT. Two Fast Long fhots [all Just Before the Wire While Winaing, FRANCISCO, Dec. 14.—Pop Gray saved the talent from a clean knockout today. He was a 2 to 6 favorite and won, but all the other events went to outsiders. The third and fourth races were sensational, In the third race Chiquito led into the tretch, but was collared by Gold Dust, who was coming very fast and looked a sure winner. Seventy yards from the wire, how- ever, Gold Dust turned a somersault and Chiquito won. Little Chevalier was stunned by the fall, but w able to ride in the next race. In the fourth, at exactly the sama place and, under the same circum- stances, Jake Johnson, ridden by Hinrichs, fell, and Pop Gray won. Summaries: First race, six furlongs, selling: Carmel, 99, Carr (6 to 1), won; Grande, 104, Chevalier (' to 1), second; Catch 'Em, ‘99, Cockran (2 to 1), third. Time: Jennie Deane, Vulcan, Ravine, Mutineer and Primanda also ran, Sccond race, five and a half furlongs: Modesto, 101, Chevalier (3 to 1), won; Major Bann, 107, Hinrichs (2% to 1), second; Al- cyonc, 92 Flynn (10 to 1), third. Time: 113, Coquette, Judge Tain, Miss Boots, filly, Wawona, Not Yet, Santa Rosa and Howard also ran. SAN TELEGRAPHIO BRIEFS Domestie. Joseph Truskey was hanged at Ont Daniel H. Robertson Bedford, Mass. Rock 1Island directors quarterly dividend Adjutant Gensral Porter ork at 10:40 last night, Smoke and steam are again the crater of Mount Raner. The at Chic The w session at Robert Bandwich, was hanged have declared died at pouring from go of traudulent bankin stern chair manufacturers Chicago behind elosed doors, Scott was convicted at Waynes- boro, Ga., of the murder of Clem Starr The C. F. Percolat Fur company, one the oldest houses In Chicago, has assigned The court house at Lewiston, Il burnsd yesterday. All the records were Senator Sherman has introduced a purchase a statue of the late Chief Justice Chase. Defaulter Seely York in Arnold. A negro who murdered a boy near Wil- liamson, S. C., was taken out by a mob and lynched. Rudolph True Davis, one of the largest millers in the southwest, died at St. Joseph yesterday Rev. W. held a of was saved has been custody of United taken to New States Marshal C. Willing BEpiscopal church, died suddenly at etsville, N. Y. Miss Villa Recd of Ottawa, Kan., is in Jail at Fort Scott, charged with using canceled postage stamps. Captain James £. Miller, for many years chict engincer of the Joliet penitentiary, com- mitted suicide yesterday. Fire in the editorial rooms of the Denver Times last night was extinguished before much damage was done. A large posse is searching for the lone high- wayman who held up the Solomon and Fort Thomas stage in Arizona, A. C. Williams, a negro, was hanged at Slberton, Ga., yesterday for the murder of ewt Hampton last July. The wholesale hardware dealers' convention at Cleveland has formed a national crganiza- tion and adopted a constitution. The arkentine John Worster, from tle to San Francicco, was abandoned sea forty miles from Gray's harbor. A petition signed by many thousand voters has been presenied to congress asking for the enforcement of the anti-trust law. Reports come from Wales that many Amer- lean laborers brought over with cattle are stranded there, unable to get back home. In response to a petition Cardinal Gibbons has convened a eucharistic congress to meet at Washington. Mgr. Satolli will preside. William E. Midgely, president of the de- funct Casualty and Surety company, has been arrested, charged with the larceny of §2 The general assembly of the United Evan- gelical church has adjourned sine die after deciding to support a missionary in the for- eign field, Raflroads centering in Kansas City have granted a one-and-a-third rate to the poultry show to be held in that city December 18 to 26, inclusive, Walter Bark has bene sentenced at the Go- ing Snake court in Indian territory to be hanged on February 22 next for the murder of Johnson Reese, Tho Moutana leg nary 7, will have two senators to elect. foting ‘will commence as toon as the lature is reorganized. In a quarrel over a love affair at West- port, mear Kingman, Kam., Pearl Drury fatally shot Carson Carver. Both are sons of prominent farmers. The Ute Indians who have been causing alarm in San Juan county, Utah, by coming over there from Colorado have consented to return to their reservations. In the trial of whitecappers at Atlanta yesterday one of the witnesses confessed that he was a member of a wide ang and implicated several prominent personages. The national conference of boards of health, in session at Washington, has passed a resolution favoring a national health board, exclusively devoted to such questions. The small coal companies in Kansas who found it impossible to compete with the larger concerns have effected a combina- tion and will establish offices at Kansas City. The supreme court of California refused to issue the writ of mandamus asked by the re- publican state central committee, and the con- test will have to be taken before the legisla- ture. In the Lexow investigation yesterday Cap- tain Creedon went on the stand and con- fessed that he had paid $15,000 for a cap- taincy on the police force. Sergeant Wigand had offered $12,000, and he was compelled to D.D,, of the Methodist Margar- Seat- at ature, which meets Jan- Bal- legis- loweroft brothers were found gulilty | bill to | | | | raise the bid suspended commission. Expert Ac nts Hoskins recommended that for economical reasons the bureau of surveyor general of the land office and the coast and geodetic survey be consolidated Tho New Jersoy bo granted a pardon to victed of embezzlement, and refused one to Theodore Lambert, sentenced to be Janvary 23 for murder. Willlam Ransom of Ingalls, Okl, has sued Marshal Nix for $10,000 damages for injuries accidentally recsived in a battle between the marshal and his deput ang of outlaws. Dr. Fred C. Rooker, vice rector of the Amerlcan college at Rome, has been appointed by the pope a member of the apos tolic delegation at Washington and will the secretary of the legation Maggie Tillor yesterday shot a man named Charles Miller, who came into her room and attempted to rob her. After being shot tha man jumped out of the window, but his foot ‘Imrm and he hung head downward untii he died Eugeno Weir, a drug clerk at San Fran cisco, was killed by burglars, who then robbed the cash register. The body was found by a policeman in the cellar with twenty-efzht stab wounds in the breast and si money was also found hidden in the borhood. The robbers and murderers e:caped was the at once police Captaln Creedon from the force by rd of pardons ldward Young, eon- as nefgh Jean Mace, ator, is dead, The death Jean Francois Gigoux, Vics Admiral Tchikhatchoff, minister of marine, has resigned Captain Morhan, who accompanied the comte | de Paris to America in 1863, is dead. An unfavorable impression has been ere- ated in Rome by the report of the committes appointed to inquire into the Giolitti docu- ment Signor Branchi, Italian San Francisco, will replace Signor Riva, con- sul general at New York. Signor Grimaldi, consul at Denver, will succeed Signor Branchi as consul general at San Francisco. DREADFUL PSORIASIS Covering Entire Body with White Scales. Suffering Fearful. Curcd by Cutleura. My diseaso (psoriasis) first broke out on my lTeft cheek, spreading across iy nose, and almost covering my face. It mn into'my eyes, and the physiciau was afraid T would lose my eyesight altogether. 1t spread all over my head, and my 1 fell out, until I was ent| y bald-headed ; it then broke out o my arms and shoulders, until my arms were just oup sore. It covered my cotire body, my face, head, 1d shoulders beéing the worst. The white scabs fell constantly 0 my head, shonlders, the skin would thicken red and very itehy, and 1d erack and bieod if scraichod. ~After spending T 'was pronounced TICURA REMEDIE: tles CuTicurRA RESOL- ange; and after I had the French literateur and sen- is announced from Paris of M. the Russlan consul general at many hundrod incnzablo. and aftor using two b VENT, I could 800 & o takon four bottlas, I w 1 hud used six iy NT, 00 box of CRA SoA discase from whr curi Re- 1A, aud 0no cako s cured of the dreadful 1T had suffered for five years, hat 1 suffered They saved my 3 rocommend the air iy restorod” as good as over, aad so 18 vesight. ‘Mis. ROSA RELLY, Rockwell City, Towa, CUTICURA WORKS WONDERS Everything about these wonderful skin cnres, blood purificrs and humor remedics, inspires confidenc: hey afford instas and speedy euro of the most to 1ting of 1g, burni and gealp diseases, 10y cloanse th 1 and skin of every orup- tion, impurity and discase, aud constitute the ost effective treatmaat of modera timea, Sold_througliont tho 60c.; Suar, 2ic.; AND'Curx. CoRt., 235" ow to Cure Skin Dis orld. Price, CUTICURA, soLvENT, 31, PoTTEKR DRUG tors, Boston. LE oily_skin pre vented and cured by Cuzicuna Sosr. IT STOPS THE PAIl Backache, kidney pains, weakness, rheumatism, and muscular paing rec et 11 ono minute by the Cotle and Siles have | hanged | os and a number of the | act | 4 Z % ONE ENjOYS Both the method and results when Syrup of Figsis taken; it is pleasant and refreshing to the taste, and acts gently yet promptly on the Kidneys, Liver and Bowels, cleanses the B84 tem effectually, dispels colds, heads :hes and fevers and cures habitual constipation. Syrup of Figs is the only vemedy of its kind ever pro- duced, pleasing to the taste and ace ceptable to the stomach, prompt in its action and truly beneficial in its effects, prepared only from the most iealthy and agrecable substances, its many excellent qualities commend it to all and have made it the most popular remedy known. Syrap of Figs is for sale in 50 cent bottles by - all leading drug- gists. Any reliable druggist who may not have it on hand will pro- cure it promptly for any one who wishes to try it. -~ Do not accept any substitute, CALIFORNIA FIG SYRUP €O0. SAN FRANCISCO, CAL. LOUISVILLE, KY. NEW YORK, W.¥. AMUS EMIN TS, GOOD-BYE Bovn’s PERFORMANCES, TODAY PACKED . |IN AGAIN v, |OLD LAST TONIGHT KENTUCKY. NIGHT. AT MATINEE PRICES: 50c and 75¢; balcony, DS . THREE GATS, HECINING™ SUNDAY, DEC. 16 ELON Y MUSICAL TRIFLE, A TRIP TO CHINATOWN In o New Dress, with ail the ORIGINAL NEW YORK CAST, fncluding g ITARRY CONOR. The sale opens Saturday morning at usual prices THE EMPIRE Ay e | DEC. 16, G MACDONOUGH'S Jolly “plitting Fa Comedy “THE PRODIGAL FATHER" Third year of the Triumphant Success COMEDY IN THREE ACTS. Vednesday and Saturd le at box office. POPULAR satls nOW on Ticket.* Coming week Dec. 23, “A punished because one alone cannot be gulity of conspiracy. FORCING ON THE RAILROADS, ITh\- persistent effort of the defendants, as the proof shows, was to force the railroad companies—the largest capitalists of = the | cou to co-0] ate, or at least to ac- quiesce, in a scheme to stop the of Pullmah sleepers, and for a time they haa the agreement of a manager and other officers of one road to quit the use of the obnoxious cars, and, perhaps, a qualified submission of the officers of another road or two. Does the guilt or innocence of | the defendants of the charge of conspiracy under this statute depend on the proof there may be of their success in drawing to the support of their design those who may be called capitalists, or does it depend on ‘the character of the design ftself and upon what has been done toward its fe- complishment by themselves and by tho: in voluntary co-operation with them, from whatever employment or walk in life? I have not failed, I think, to appreciate the just force of the argume to the con- trary of my opinion-—-it has sometimes e ngled me in doubt—bu: my conclusion s clear, that under the et of 18%, the court has jurisdiction of tha case presented In the application, and that the injunction granted was not without authority of law nor for any reason invalid. This brings me to the question of fact, Did the defendants violate the injunction? Their conduct s only in question, and their admissions are quoted because ' they chu- firm the inferen deducible from other evidence that no ential and voiunta modification of t ourse of actioxn, cithel or was caused by the injunetion. original intention, ‘it is true, 2 only to prevent the use of Pullman cars, but finding, as they did immediately, that that aim would be thwarted by the dis- | ehavr from service of men who refused to handle these cars, they begun as early as June 21, the day after the boye I claimed, to issus orders to stri | from that time, to the end of the extent of their abiljty, they conducted and con- trolled the strike with persistent consist- ency of purpose and with unvarying meth- | - ods’ of_action, As officers of the American Railway union It is b nd question that the defendants had practical control of the strike, guiding they chose the movements of the men tively engaged. Under the conditions of ast suminer, when there were many fdle men seeking ‘employment, it was impos: that o strike which aimed at a cessin n of business upon the of the country, could succeed without vio- lence, and it s not believed that tha de- fendunts entered upon the execution of thelr scheme without appreclating the fast and without having etermined how to doal with it. The inference, therefore, is a fair one, asid: from direct evidence to the point, that they expected and Intended that ‘this strike should differ from others only in magnitude of design and boldness ol execution. and that the accustomed ac- cessorles of Intimidation and violenc: L far at least as found ecssential would not te admitted striking workman, of sell interest, gestion, and eve to the ‘contrary n. Such sent out but If it could be gotten before the supreme court of the United States he was confident of a reversal - Pleasant to palate and healthful to stom- ach is the delicious food prepared with Dr. Price's Baking Powde! mon carriers, but a government performing a high official duty in holding and guarding its own property as well as that of its citizens committed to its care; for a very large por- tlon of the ietters and packages conveyed on this road, and particularly during the sdssion of congress, consists of communica- tipns to and from the offcers of the execu- tive department or legislators In public servico or in return of matters of public con- carn. It is said, on the contrary, shiow that a common law chiancery oo information of the attorney ge eral to restrain a public purpresture or nui- sdnce rests on the idea that the king owns the land wherein it exists” and it is doubt- less true that in the cases where the juris- diction was Invoked the king was the owoer of the land, because the land under navigable waters in England has always blonged to the erown; but the object of the fuits has always been not to vindicate the title to the ! land, which could have been done by a action of ejectment, but to prevent or reio: obstructions to navigation which required the prompt and efficient” method y, and | it is not believed that If in along the fresh water vivers of this country, the titl: of lands under the water had bo- Jonged to the riparian owners, the same juri diction would not have been exercised for the protection of the public right of naviga- tion. The public interest Is concern.d in the unobstructed use of the water, and it is sticking in the mud to say that the right to protect that right is dependent upon the ownership of the underlying soil. 1f, how- ever, the jurisdiction in such cases must be held to rest upon some legal titlo er prop ecty right which by fiction shall be deom to, be worthy of equitable protection, or to afford a basis of jurisdiction for protecting ineldental rights, ft would soem that the property which the government has been do- clared to have in the malls and its unques- tioned ownership of the mail bags might well be deemed sufficient for the purpose As Justico Brewer sald in United Stat:s vs Western Union Telegraph company, 60 Fed. Rep. 28, 42, “The dollar is not always the test of real interest. It may properly be sacrificed anything higher value bo thereby attained.” WATERWAYS AND RAILWAYS “But,” says counsel, “this whole subject s utterly foreign to the question in the case Waterways are not railways. They are free to all comrs and they are not the subject of private owuership nor control, but only of municipal regulation by public authority.” (Lake Front case 146, U. 8., 857) The con trol of the rallway is primarily with the company that owns and operates it. These reat interests are entirely able to cop: with any interference with their property. It they be held, in a high senso, as truste:s for the public, why should equily entertat @ sult by the beneficiaries of this trust until tho trusteos Lave proved recreant? Thesa companies own tho land over which thelr lines yun or a right of any way in perpetuity, and though cha:ged with public duties are still private pecuniary coropora- tions operated for gain. “As to all local matters, viz: The speed of t stop- ping at crossiugs, elevation of (racks and things of that charaoter, they are opea to Iooal or state legislation. This could not Third race, five and a half furlongs: Chi- quito, §7, Jones (3% to 1), won; Johnny Payne, 101, Carr (13 to 5), second; Con: naught, 9, R. Isom (6 to 1), third. 'Time 1:16%. Lou L, Queen of Scots and Gold Dust also ran. Fourth race, selling, six furlongs: Po) Gray, 111, Carr_(2 to 5), won; May Day, 102, Cockran (20 to 1), second; Ricardo, 95, Chev- alier (8 to 1), third. Time: 1:22. Blue Ban- ner and Jake Johnson also ran. Fifth race, five and a half furlongs, sell- ing: Banjo, 88, Flynn (4 to 1), won; Patriot, 101, R. Isom (10 to 1), second; George F. Smith, 106, Jones (even), third." Time: 1:16. Robin’ Hood also ra Talent's Day at New Orleans. NEW ORLEANS, Dec. 14.—The track was in fine shape today and called out big win- ners, four out of five favorites winning, while a strongly backed second choice car- ried off the fifth. The track was fast. Re- sults First race, seven furlongs: Miss Galloj & to 5 won, Theodore H (8 to h) second, Baby Bill (12'to 1) thivd. ~Time: 1:3) Second race, six and a half furlongs: Young Aron (7 to 10) won, Prince Imperiai (8 to 6) second, Revenue (8 to 1) third, Time: 1:23. Third race, selling, six furlongs: Burrel's Billet (2 to 1) won, Ben Spring (2 to 1) se ond, Luke Park (1 to 1) third. Time: 1:1 Fourth race, handicap, one mile: Clara Bauer (8 to 6) won, Imp. Wolsey (9 to 5) s ond, Bonnle B (40'to 1) third, Time: 1:4 witch race, six fuplongs: D, Work @ o 1 won, Flush (@vem second, Ked Vell 6 to ird. Time: 1 1) th Schaeffer Issues a Challenge. CHICAGO, Dec.:M.—Jake Schaeffer an- nounces that he has been unable to make a match af cushion caroms with Ives, he will play ady: other billiard player In the world threq games as follows: One game of fourtden-ich balk line billiards, anchor barred, 8% points up, for 31,00 a side and the net gate receipts; one at the champion’s game, 18xi-inch ' lines, 800 points up, for tle asme amount of money; one game at cushion caroms, 500 points up. for the same amount of money; one of the above games to be played in Chicago, one in New York, and the city in which the third game shall be played to be decided by At least ten days must elapse be- n the games. Schaeffer has deposited with 'the Brunswick-Balke-Collender company as temuporary stakeholder. Mr. George Tuley Benjamin, Missour Good Advice 0uickl_y _Followed ' Cured of Rheumatism by Hood’s Sarsaparilia. “C. 1. Hood & Co., Lowell, Mass.: “T was taken down with rheumatism over n year ago. I was sick for over six montls Often T would have such pains that I coull hardly eudure them. A Zriend came to mo nn advised mo to try Hood's Sarsaparilla. I took him at his word and got a bottle of it, and since nave taken cight bottles of it. it Has Cured Me When ihe dootors could dome no good what ever. After belng benefited 5o much from this medicine I describo Hood's Sarsaparilla as o wenderful medicine. I also advise every onc who 18 troubled with rheumatism not to be with- Hood's*=»Cures out Hood's Sarsaparilla. I am a farmer, and the medicine has glven me much energy end streugth to perform my work.” GEORGE W. TuLxy, Benfamin, Missouri. Hood's Pilig are hand made, and perfoct {n proportion and appearauce. 250, & box. Double Murder and Sulcide. JOHNSTOWN, Pa, Dec. 14.—James Vivian, a resident of South Fork, made an attempt to kill his wife and sister-in-law, Miss L. Draden. After slashing them badly he cut his own throat, dying instantly. Mrs. Vivian's wind pipe s severed and she will die. Her sister's injuries will probably be fatal. Vivian was chairman of the county committee of the populist party in Cambria county. Just a half dozen of thousands all pure silk—out and to be easy “to| Jurisdiction of the in—Tecks and Four-in-Hand Ties worth all the way up to $1.25— ——————— Boclety News. Society has been gay the past week, gay, however, in a quiet, easy fashion, as com- porta with the dignity of the swells who make up the svelte world. There have been no imposing demonstrations on the part of fashion, but what has been dome will be faithfully chronicled in The Sunday Bee, which is becoming more than ever a paper for the fireside and the home circle. Shot by Angry Negroes. FORSYTHE, Ga., Dec. 14.—A serious riot occured at Cannabe, ten miles south of here, in which three men were shot and badly wounded by a crowd of enraged negroes. s Missourt Defeats Texas. AUSTIN, Tex., Dec. 14.—Missouri uni- versity eleven gave the Texas university boys a drubbing at foot ball today, scoring 25 to their opponents 0 Lol Magie City Gossip. B. E. Wilcox successor to Persons Wileox, real estate, rents, loans and surance, at the old stand B. E. Wilcox has purchaser the interest of F, J. Persons in the business of Persons & Wilcox, real estate, rents, insurance and lcans, and will continue the same at the old stand, 2415 N street, where he will be glad to meet his old friends and many new ones. ON SALE SATURDAY. Hardly two patterns alike, shapes & in- Wo send_thy marselons French Remody CALTHOS free, and 1 lexnl guarantee that ¢ 08 will BTOP Discharges & Emiasions, CURE Spermutorrhen. Varicocele wad RESTORE Lost Vigor. Use it and pay if satisjied. vary—too—"'tis the prettiest collection ot of ties human eyes ever feasted on, A couple thousand of them are dis- layed in one of our show windows — Raymond's piay Leather Presentations for a Woman—— In the most Popular Shades. buy as many as you like —if you are o su 'or that much th acting on the promptings thout instigation or sug in spite of admonitions may ordinarily be counted ages of admonition were occasionally by the defendants, but It does not apear that they were even hoeded; und 1 am not able to belleve, on the evidence, that it was fully intended or believed that & would. 1 am qui ready to belleve that the defendants not only did mot favor, but deprecated extreme vio- lence. which inight lead to the desiruction of property or of human life; but the chief act, I am convinces w?‘ to secure the §ood will of the public. To that end thej not a dealer. MONKEY SKIN. FIG SKIN. WATOR SKIN. SEAL SKIN. POCKET BOOKS. ARU CASES. LLING LISTS. PRAVER BOOKS, HAND BAGS. THR GREL HINDOO REMEDY ULTS tn 50 DAYS. Cordi all iling Memoty, Tehdy ¥ Y3 vigor 67.d stz SOLD by Kuba & Ca., Cor. 1sth and Doy . A. Fuller & + Cor. and B i, RS0 O 1k A Dollar buys a nice Leather Gift, RAYMOND. JEWELER. 16TH AND DOUGLAS ST,