Omaha Daily Bee Newspaper, January 25, 1895, Page 1

ESTABLISHED JU NE 19, 1871. OMAHA, FRIDAY MOR SINGLE corYy FIVE CENTS. STREET CARS MUST BE RUN Obligations of the Companies to the Public Dilated Upon, JUDGE GAYNOR WILL IS'UZ A MANDAMUS Legal Aspect of the Brooklyn Strike Shows the Companies In a Bad Light—Writ to Be Either Peremptory or Alternate. BROOKLYN, Jan. 24.-—Justice Gaynor of the supreme court handed down his decision on the application of Joseph Loader for a mandamus to compel the Brooklyn Heights railroad to operate its cars in sufficient num- bers to accommodate the traveling public on the Fulton street, Putnam avenue, Greene and Gates, aad the Tompkins avenue lines. He signifies his intention of granting a man- damus, the form to be determined on the argument of counsel in court tomorrow. . Loader, upon whoso application the writ of mandamus is issued, is a merchant who alleges that his business suffers by reason of the fallure of the company to operate its lines. Justice Gaynor's decision s as follows: “It is my duty to declare the law of this case. This railroad corporation is not in the position of a mere private individual or com- pany carrying on business for private gain which may suspend business temporarily or permanently at pleasure. On the contrary it has a dual relation; a public relation to the people of the state and a private one to its Btockholders. It must not be forgotten here, though it may seem to be almost if not wholly forgotten elsewhere, that in Its chief aspect it is a public corporation having du- ties to perform to the public which transcend any obligation which in its private aspect it owes to its stockholders. It has recelved franchises of great value from the state and had conferred upon it the state's transcend- ent power of eminent domain. In return it took upon itselt the performance of public duties and functions in the performance of Which it is in effect not an independent in- dividual or entirety, but the accountable agent of the state. Though the principle: are old and inherent in the idea of the sov- ereignty of the people it would seem that in the recent rapid growth of corporate power and of the tendency to use public franchises for the aggrandisement of individuals first and for the service and benefit of the public second, they have come to be somewhat over- looked and need to be restated. “They have often been declared by the highest courts of this state and the supreme court of the United States. FIRST DUTY IS*TO THE PUBLIC. ““The duty of the company now before the court s to carry passengers through certain streets of Brooklyn and to furnish, man and operate cars enough to fully accommodate the public. It may not lawfully cease to perform that duty for even one hour. The directors of a private business company may, actuated by private greed or motives of pri- vate gain, stop and refuse to employ labor at all unless labor comes aown to their con- ditions, however distressing, for such are the existing lvgal, industrial and soclal con- ditions. But the directors of a railroad cor- poration may not do the like. They are ac- countable to the public first and to their stockholders second. They have dutles to the public to perform and they must perform them. If they cannot get labor to perform such duties at what pay they offer, then they must pay more and as much as is neces- sary to get It. : “‘Likewise, it the conditions in respect of hours or otherwise which they impose re- pel labor they must adopt more lenient or Just conditions. They may not stop their cars for one hour, much less one week or one year, thereby to beat or coerce the price or conditions of labor down to the price or conditions they offer. For them to do so would be a defiance of law and of govern- ment, which, becoming general, would in- evitably, by the force of example, lead to general disquiet, to the disintegration of the 8oclal order and even the downfall of the government itself. Experience shows the wisdom of our fathers in retaining at least some control of “corporations to whom are glven public franchises for the performance of public dutles. he law of this case was too clearly stated by Justice Cutter to be misunderstood in an application similar to this a few days ago, That learned judge held that the company had made no adequate answer to the case presented against it, and only withheld the granting of the writ to give the company more time to conform to the law which he 80 clearly enunciated, probably in the reason- able scope that would suffica without a re- Bort to coercive power of the people of the state lodged In the court. In addition, how- ever, I ghall quote from a case decided upon by the supreme court in this city in 1883 after mature deliberation and which is an thority which I am bound to follow even though I were not of the same view, and which, T need scarcely say, the corporation now before this court Is bound to acquiesce in, and which I doubt not will certainly ac- quliesce in for example's sake if for no other reason. The case arose out of the fallure of the New York Central & Hudson River Railrond company to receive and forward freight as a common carrier.” COMPANIES MADE NO ANSWER. ““The circumstances of that strike were re- wviewed and the court sald that the court in that case allowed a writ of mandamus to compel the corporation to do its corporate duty. “That a private citizen has sufficient stand- ing to make this application, which could un- questionably be made by the attorney gen- eral of the state, has heretofore been decided by this court and I must accept it as law; and it being admitted that the company is not fully operating its lines of road, I feel it my duty to allow the writ prayed for, either in’ its peremptory or alternate form, unless @ sufticient answer has been made In law. As I have sald, the learned judge who heard the previous application decided that the nswer then made was even insufficlent to ralse a question of fact and only refused the writ in order to give the company more time with an admonition to it tuat it should no longer delay. I do not think the present answer of the company is sufficient to pre- vent a writ from being issued. The claim of violence amounting to a prevention is not legally made out. Instances of violence done by other than former employes of the com- pany are shown, but it is also shown that not only the police force of the city but over 7,000 soldiers are preserving order, and I cannot belleve that this company is not pro- tecled in its rights, nor do I think any ques- tion of fact is fairly raised on that head, Eesides, the persistence of the company In falling to run its cars except as 18 may gradually get employes to accept Its terms, being in Itself unlawful, as I have shown, must necessarily, by its bad example. tend (o public disqulet, if not to some dis- order. In respect of the question of hours and of wages between the company and its employes, its duty was to have gone on and Dow 18 t0 go on with its full complement of employes, having the right gradually and from day to day to supersede its employes, it At can, by new employes who will work cn its terms, or to supersede them all at once when it has obtained a sufficient number of new employes for that purpose; but in such & controversy It has not the right to stop Its cars while it is thus gradually getting other men. If the paople of the state were rurping these roads they would not thus incommode and damage themsely and it must not be forgotten that this corporation 15 entrusted with the running of these roads for the accommodation of the people of the state. It remains for me to determine the sbape of the writ, whether it shall be per- emptory or alternative. “In one aspect of the case there s*ems to b an issue of fact presented, and, if such an fssue be presented, the law does not permit me to declde it and allow a peremptory wrii. but requires me to allow an alteraative writ, which has the effect of reserving such issue of fact to be tried by a jury or by the court it %0 agreed upon. At one piace in its answer the company avers that a reason why its employes would not_continue working for it was ‘that it refused to run its cars as re- quired by said employes In respect to the frequency with which cars could be run and the number of cars to be run.' “The number of cars or trains which a railroad shall run is left to the sound discre- tion of its directors subject to review by the courts upon an application or writ of manda- mus to make them run more if the public convenience repuire it. Its employes may not assume to determine the number of cars to be . run. If, however, this allegation in the answer refers to the controversy in respect of what are called trips, then it has no force for the controversy is In Its essence one in respect of hours and wages. I concur in what Justice Cullen said in the other caso in that respect, namely: ‘I do not regard the alleged attempt to abolish trippers a0 Interfering with the running or management of the road; because I imagine the company would be allowed to run as many_trippers as it choss if it would only pay the men $2 a day for running the trips In that case 1 imagine there would be no trouble. So that this is really a question of wages. Each party has the right to obtain the best terms it can; and as was said in the frelght handlers' case, If the company cannot get_men at a prico it thinks fair it is bound to get them at a price it may deem exorbl- tant, because its duty is to run its road.' “Such was the disposition of that point by tho learned justice. “The counsel for each side. will be heard at 10 c'clock on January 25 as to what form of writ shall be fssued.” CONTINUE TO CUT TROLLEY WIRES. Matters were comparatively quiet cn the Third and Fifth avenue roads today. The wires between Sixty-fifth and Sixty-sixth street were cut off after midnight, and as a consequence the electric ligh's in the depot went out, leaving Captain Thorne and his detachment of the Twenty-third regiment in total darkness. The wires were not repaired until 10 o'clock, when (raffic was resumed, and at midday thirty cars were running, a against twenty yesterday. The foreman said he was unable to operate a greater number, as some cf the new men had been transferred to Green Point. During the night and early morning the full srength of the Twenty- third regiment, with the exception of com- panies F, G and K, was placed on duty along the road to Flatbush avenue. At 11 o'clock the police on duty at Twenty-fifth street and Third avenue had a lively time putting an end to a riot which had broken out the Ab-ut elghty persons collected at this point and jeered the soldiers who were under arms there.” The mob continued increasing until noon, when a stone was hurled by one of the crowd, striking a policeman. This wa followed by several others, and then the police and militla charged. The mob rushed along the avenue and into the side streets. Many of them received bayonet thrusts from the militiamen, while the clubs cf the police- men were used with telling effect upon the heads of the rioters. The police arrested John Tighe, Charles Burke and Stephen Gan- non. When conveying them to the station the crowd attacked them and endeavored to rescue the prisoners. Alfter a desperate con- flict, during which more stones were thrown and blows struck on both sides, the three stcne throwers were locked up. At Twentieth street and Ninth avenue the strikers during last night cut down the feed wires, return wires and support wires as far -as Flatbush avenue, a distance of over a mile. The feed wire on Twentieth street, between Seventh and Eighth avenues, was also destroyed. The wires at Fifteenth street and Second avenue were cut down early in the morning. A number of trolley cars stood at Ninth avenue, which were wrecked and rendered unfit for use. ALMOST BURNED OUT A DYNAMO. The most serious attempt to prevent the running of cars over the Third avenue line was made at Sixty-fifth street and Third avenue, where a plot to burn out the dy- namos in the depot was nearly successful. It was evidently the work of skilled elec- tricians. The wires were cut and guy ropes were attached to ihem, by which they were drawn down and grounded on the posts of the elevated road. The scheme was, how- ever, discovered in time to frustrate the plan. The line men on the Atlantic avenue road struck. This act and the lack of passengers prevented the management from running the Seventh and Ninth avenues and Eleventh street cars at all today. Militia in the various depots expressed themselves as fairly well satisfied with their treatment, but all appeared desirous that the strike should soon terminate and allow them to return to their lomes. At Fifteenth and Thirtieth avenues two women hailed a Fifth avenue car. When it stopped they boarded it. They then drew pistols from their shawls and ordered tlie conductor and motorman to stop work. The men leaped from the car and left the in- vaders in possession. One of the crowd then started the car, jumping off before it gained much headway. When the car passed the stables at Twenty-fourth street it was trav- eling at a high rate of speed. One of the men standing there roticed the car was run- ning wild and jump-i aboard the rear plat- form and soon had t at a standstill. One gang of strikers =.tempted to pull the mo- torman off his platform, but he fought them off. He was very roughly used in the serimmage and had his jaw broken. President Norton suys 80 far as the At- ntic Avenue company is concerned, the strike is at an end, for he has all the motor- men and conductors for whom there are places. There has, however, been some in- convenlence on the lines by the cutting of wires. A new device to impede the opera- tion of the rallways was adopted at Bergen street and Troy avenue on the Atlantic ave- nue line, where switches were cemented during the night, New employes go about outside the militia line at their peril. One who disguised himself in an old army coat was spotted by the strikers and badly beaten, Elevated Road Ralses Salarics BROOKLYN, Jan. 2i.—Superintendent Groundie of the King's County Elevated rallway issued an order today directing an increase of 10 per cent in the pay of all em- ployes whose wages had been reduced, e il HAD A FIGHT WITH ROBBERS. Citizens' Posse Succeed In Arresting ¥our Members of the Ga SUGARLAND, Tex., Jan. 24.—A bold rob- bery of the rallway and express office here has roused the town. A band of masked men rode to the office and demanded of Agent Wyams the safe's contents. After a severo beating Wyams opened the safe and the robbers took $1,500 in cash. A number of cltizens undertook to Intercept the robbers, A sharp battle took place, but the highway- men escaped to the Brazos swamps. A posse started in pursuit, and returned with four men under arrest—Crane, Thompson, Denton and Flowers, The posse is still scouring the country for others. e Cody Can Have the Indians, WASHINGTON, Jan. .—Secretary Smith has approved the application made by Col- onel Cody and the manager of Barnum & Balley's circus for permission to employ Indians in their performances. Colon Cody 1s allowed 125 Indians from the reser- vations In North and South Dakota, Ari- zona, New Mexico and Oklahoma, and the other will have thirty Moquis, Apaches and Navajos in tens each from {hose va- tions. The companies will be required to furnish bonds to cover all contracts made with the Indian B S New Danish Consul for Nebraska. COPE , Jan. 20.—Mr. Andrews Peterson of Chicago has been appointed Devish consul for the states of Illinois, Indlana, Obio, Michigan, Wisconsin, lowa, Nebraska, Montana, the Dakotas, Wyoming and Utah. o ey Movements of Neagoiag Vessels, danuary 24, At San Franci co—Depait d—U. 8. 8. Alert for Sun Diego; U. 8. 8. Ranger, for Sad Diego; Belgle, for Hong Kong and Yoko- hama At Southampton—Arrived Parls, from New York. At New York—Arrived—Jahn, men; Majestie, from 1 iverpocl AL Liverpoo-—Arriied =1\ u.chic, {rem New ork. from Bre- MUST BACK DOWN OR FIGHT @natemala Refuses to Yield Her Olaim to the Disputed Territory, DECLARATION OF WAR EXPCZCTED TODAY Reply of the Ceatral American Republic Wil Be Submitted to the Mexican Cabinet This Morning—Colonel Bob Pate Tenders Services, CITY OF MEXICO, Jan. 24.—Guatemala's answer was received this evening. The min- ister of foreign affairs of Mexico says it will be presented formally to the cabinet and the president at 10 a. m. tomorrow. It Is stated Guatemala's answer is to the effect the dis- puted territory belongs and if any indemnity s to be owes It to Guatemala. be declared tomorrow or next day. Colonel R. C. Pate, the American horseman, has tendered his services to the president, and in case of war he will be appointed to a prominent command. With the immense demonstration of stu- dents in this capital the war feeling through~ out this republic has been wrought up to a high pitch. Reports from many interior points show a rising spirit of patriotism among the majority of the people and it is probable that other great popular uprisings Wwill occur in many cities of this country. Don Emilio de Leon, Guatemalan minister to Mexico, was outside his hotel when the recent students procession was moving, and had an excellent opportunity of viewing the feelings of the Mexican people on the in- ternational boundary dispute, and the firm stand taken by Mexico. A full report of the proceedings was sent by the Guatemalan representative to President Barrios at Guate- mala, and it is said to have created a pro- found impression in Guatemalan circles. This city is quiet and orderly, although the ef- fects of the patriotic storm are easily dis- cernible. The volunteer movement is rapidly and it would evidently be possibl> 5,000 volunteers in this city alone within a day or two if the general govern- ment only indicated its need for assistance. A telegram from Guatemala says that the Spanish minister in Madrid will not inter- fere In any way to pacify the question with Mexico. The indications are that Barrios, president of Guatemala, expected aid from Spain_on account of his bold stand. NOGALES, Ariz, Jan. 24.—A Mexican spaper, Le Indepente, printed on the ican side of the line, this afternoon printed the statement that the Mexican con- sul in Guatemala City had been given his passports by the Guatemalan government, thus terminating the friendly relations ex- isting between (he two governments. It also stated that the secretary of state of Mexico, at the City of Mexico, had notified all consuls of this fact by telegraph. The Mextcan consul here denied the truth of the statement and called upon the editors of the paper, who have since asked for warrants for his arrest on the charge of assault. They reiterate the truth of the statements pub- lished this afternoon and hold that the con- sul is”endeavoring to misrepresent the faets. to her, paid Mexico GUATEMALA AKING READY, Impressing Men and Horses for Service in the Expected War, COMITAN, State of Chiapas, Mex., Jan. 24.—The government has pushed fresh forces into the Guatemalan frontier almost daily and camp quarters for a large body of men have been arranged for near this place. A few Guatemalans living in this vicinity have quietly left for their native country and others who are disgusted with the course of President Barrios and the Guate- malan administration have fled to Mexico rather than be pressed into an unwilling service. Reports from the other side of the border are that Guatemala is using every effort to work up feelings of patriotism among the people in the hope of gaining large rein- forcements to continue its binff against Mex- ico. If persuasion fails, it is given out that when the government needs men it will press them into service. Nearly every horse for one hundred miles from the bor- der has been secured by one means or an- other already, and a strenuous effort is being mads to secure more. The uncommunicative policy of the Guatemalan government is having a disastrous cffect on the publiz order and many alarms are constantly felt by the residents of the frontier, fearing an invasion of the mounted Mexican rurales. It is gen- erally felt that should war ensue the frontier will be so overrun by troops and pillaging renegades that life will be a burden. R Lty " CALLED HOME 10 FIGHT. Guatemalan Consul at San Franclsco Or- dered to Report to the Army. SAN FRANCISCO, Jan. 24.—Consul Gen- eral J. Diax Duran of Guatemala has been recalled by President Barrios to take com- mand of a military force in the war, which he belleves to be impending with Mexico. He has received a dispatch from the Guatema- lan War department confirming the war news, and stating that every able-bedied Guatemalan is needed by his government. Duran says that an alliance has finally been formed by Guatemala, Nicaragua, Salvador and Honduras, with a joint force of 100,000 men, to march agalnst Mexic Consul General A. K. Concey of Mexico, on the other hand, declares that there will not be war between Mexico and Guatemala over the existing boundary dispute, which he says can and will be settled by diplomacy. Corcey says the only chance of hostilities l'es in the possibility of some hotheaded Guatema- lan officer firing on Mexican troops. If war should be declared Concey Is confident that Mexico could easily defeat Guatemala, even if the latter country were able to form an alliance with the other Central American re- publics, which he considers unlikely. Concey says that the Mexican army is in fine condi- tion for the battlefield Border TAPACHULA, s in u Ferment, State of Chiaplas, Mex,, Jan. 24.—The southern border is in a ferment over the impending hostilities between Mexico and Guatemala. More troops are being centered about the frontiers and a heavy movement of people i noticeable on every hand. Fugitives from. Guatemalan sofl are arriving here almost daily. They num- ber many Guatemalan revolters from the Guatemalan interior, but are thus far for the most part native born Mexicans who have taken up a residence on Guatemalan terri- tory. Large parties are on their way from Quesaltenango, northern Guatemala, either afraid to remain in their homes or coming with the purbse of enlisting against the government which they leave behind, Zaragoza Keturaing to Mazatlan, ACAPULCO, State of Guerrero, Mex., Jan. 24,—The report that the armed Mexican corvette Zaragoza had invaded Guatemala and is lying off the coast of San Jose s untrue. The vessel was loaded with muni- tlons and proyisions of war for Mazatlan, for the supply of the Mexican troops tributary to the ports of San Binito and Santa Cruz, on the southern coast. Having now dis- charged its commission it is on Its return to Mazatlan, where it will await further orders from the Mexican government for the trans- portation of troops and supplics or any other duties connected with the Guatemalan ifli- culty. Amaricans Offcr to Help Mexico. CITY OF MEXICO, Jan. 24.—A prominent American here has offered to organize an American leglon to fight against Guatemald if war is declared. The government has contracted purchase of 25,000 Mondragon finest make. 2% Reported dJupaness Kepulse. CHE-FOO, Jan. 24.—Advices rec from Wei-Hal for rifles of “the the ved bere Wel report that the Japauese The prospects are that war will | y have been repulsed with cohsiderable loss. The Chiness took nine dasmess prisoners. Forelgners are leaving, and & panic prevails. The telegraph station on Chen Chin fsland, between Che-Foo —and ei-Hal-Wei, has been abandoned. Trafia: between the two towns s interrupted. i - Y JURDRS SEOURED, v Reporter In the Gink Marder Trisl Threatened with Coviteshpt Procecdings. MINNEAPOLIS, Jan. 24.—Seven of the jurors in the Hayward murder trial have been secured, two more men being &worn in this morning In the persons of Farmers John Kimball and Neil MacNeall. The trial proper will probably begin next woek. There was quite a 8tir In court when the trial opened today over the threat of Judge Smith to diselpline several newspaper men for stories printed about the examination of Adry Hayward by the defense, for the defense arose and denounced the pub- lications as tlssues of falsehoods. The re- porter of the Journal was summened before the court to divulge the source of his. in- formation. He maintained that the informa- tion was reliable, but ayerred that he was under a pledge mot to ‘divuige its source. Judge Smith was much vexed and said he would give the reporter until 2 o'clcck to di- vulge it, intimating that a refusal would be contempt of court. At 1345 o'clock the Journal reporter ap- peared at Judge Smith's chambers, where he was closeted for a few minutes with Judge Smith and Assistant County Attorney Hall. The conference was not long, but it lasted long enough for Judge Smith to glve the reporter a talking to, He was informed that reporters were admitted to courts of law in order that they mlght give the public knowledge of what actually transpired therein and not for the sake of giving them an op- portunity to evolve sensational and fabulous tales. The reporter expressed himself as duly penitent and was greatly relieved when Judge Smith_forgave him. With the adjournment of court this evening eight jurors had been secured to try the case of the state against Harry Hayward. — JAPANESE AT SHANTUNG. SEV The attorneys Landing of the Marines at Yung Chang Nenr th tress of Wei-Hai-Wol SHANGHAI, Jan, 24.—The Japanese trans- port Sabuma-Maru, which returned to Ujina yesterday, reports that she left the Gulf of Tallen-Wan on Saturday last, January 19, with other Japanese transports escorted by war ships, and arrived off Yung Chang, not far from Wei-Hai-Wei, the Chinese war port on the Shantung penigsula, at daybreak on Sunday, January 20. . The Yaye Yama and other Japanese war ships then landed detachments of marines, The latter met with but feeble resistance frem the Chinese troops, which were supported by six guns mounted ashore. The fire of these gune was answered from the Japanese boats and the Chinese were eventualiy dispersed when the guns of the Japanese war ships opened upon them. The Japaneso landing was ef- fected without any loss heing sustained by the invaders and the four gups previously mentioned were captured by the marines landed from tho Yaye Yama. Immediately afterwards - the landing of the Japanese troops began and was nearly completed when the Yaye Yama left Yung Chang on Mon- day last, the weather being favorable to the Japanese operations. Two. English women, one German woman and one Chinese woman, whe were found in charge of the Shantunig: lighthouse, were placed under the same pay as they had been receiving, and were instructed, in the inter- ests of commercial and other traffic at se to keep the light burning as usual, POLICE WERE CALLED IN, Disturbance at a Meeting Conducted by Timothy Healy. DUBLIN, Jan. 24.—Timothy Healy tonight addressed & meeting In the town hall at Kingston on the sunbject of disputes in the Irish Parliamentary party. The meeting was marked by serious disorders, The police were twice called in fo Interfere and stop the fighting among the audience. The dis- turbers were finally ejected. Mr. Healy ex- horted his hearers to respect the memory of Lord Randolph Churchill, who had been an honest tory and a good friend to Ireland. Mr. Healy denounced the Redmondites as having fallen into a state of putrefaction. He declared against subservience to the English party and suggested some reunion to exclude tories from the Dublin seats in the House of Commons. Nationalist candidates should not be selected by caucas, but should be chosen in publid conveption. Should the latter course be followed he would go so far as to sink his prejudices. Upon leaving the hall Mr. Healy was greeted with groans by a large crowd that had assembled outside. A number of policemen escorted him to the railroad station. ¢ Insane Mun Opened Fire. FONTAINEBLEAU, Jan, 24.—Much ex- citement was caused today by the murder of a nun on a traln coming from Paris. The train was running along as usual, when suddenly a man in one of the coaches drew a_revolver and bégan firing at his fellow passengers. One of the bullets struck the pun, inflicting & wound that soon proved fatal. Three other passengers were wound- ed before the chambers of the revolver were empty. The man was arrested. The only explanation of his action is that he s in- sane. Unemployed Causiog Trouble. BUDA PEST, Jan. 24.—A mob of unem- ployed persons marched in a riotous manner through the principal sirects today and were dispersed by the police. Later the rioters reassembled in large numbers, and upon their refusal to disperse the police charged upon them and a. hand-to-hand fight fol- lowed, during which several people were hurt and many arrests were made. During the time of the disturbance the police blocked the streets leading to the Hungarian Diet, Squandored th Funds. LONDON, Jan. 24—At a meeting of the shareholders of the Natignal Bank of Wales at Cardiff, which bank was purchased in 1893 by the Metropolitali bamk for the sum of £110,000, the liquidaton anmounced that an examination of the agcounts ghowed a de- ficit of 65,868, Large sums had been squan- dered in bourse speculatians. The balance sheets had been altogeiher fallacious, A resolution to prosecute the officiuls was adopted, Suppressed for Ppintng & Parody, BERLIN, Jan. 24.—The Velksblatt, an anti- Semite journal circhlating n Manheim, Heldelberg and Fravkfopt, has been confis- cated by the authopities, awing to its hay- ing published an. @rticle entitled “Ode to Agam," which was regarded us a parody on Emperor William's song of Aegler, Mme. Pustt 0. LONDON, Jan. 2i.—A dispatch to the Standard from Vienna says that Mme. Patti became chilled when leaving a concert in this city and has since kept to her bed. She is suffering with pharyngeal catarrh. Her engagements at Leipsic and Dresden have been canceled. Prince Fordinand’s Fosition Shaky. BERLIN, Jan. 24.~The Frankfurt Zeltung publishes & dispatch from Bt. Petersburg saying that the Pan-Blavists declare that important events are imminent in Bulgaria, Prince Ferdinand's position is shaken and | united action of Zankoff and Stambouloff is probable. B i Japanese surroand Wel-Hal-Wel, LONDON, Jan, #.—A dispatch to the imes from Shanghai says that the Japan- have now surounded Wei-Hai-Wel. The nese declare that Wel-Hal-Wel has a rirson and supplies sufficient to enable the town to “m.im a prolonged attack ¥ rasil) lnister Hecalle MONTEVIDEQ, Jan. 21.—The Brazilian minister to Uruguay has blen called home by his government owing to his attitude on the frontier incideats. Voted Generd Amuesty. BUENOS AYRES, Jun. 2L-Congress to- day voted general umnesty to political of- fenders and the session was then closed, RECOGNIZED HER HUSBAND Wife of Barrett Scott Views the Remains and Identifies the Body. SADDEST SCENE OF ALL IN THE TRAGEDY Widowed Wifo and Fatherless Child Con- vinced of the Fate of the Man They Loved—Pians for the Fungral This A fternoon, O'NEILL, Neb, Jan. 24.—(Special Tele- gram.)—One of the saddest scenes connected with ‘the tragic history of the Barrett Scott case occurred today, when the body was taken from the morgue, where it has laid since it was taken from the river, and brought to the family residence and into the presence of the bereaved ones Wwho had not gazed upon his face since New Year's eve. Bver since the body was discovered Mrs. Scott has been determined to see it, but her request was not granted until today. She sald that she would never be entirely satis- fled that it was the body of her husband, except through the evidence of her own eyes. The casket was brought into the front par- lor and the sorrowing wife was only for an instant permitted to look upon the contents, “Yes, that Is Barrett,” she said, and then burst into tears, She sobbed for nearly an hour, and then seemed to be more composed than at any time since the tragedy. During the weeks of suspense her grief seemed to be pent up within her, and the final burst of sorrow seemed to relleve in some measure the tension at which her nerves had been maintained. There is only one subject in which she seems to take enough interest to rouse her- self from her grief, and that Is the convie- tion of her husband's murderers. After the first passion of grief at the sight of the dead face had subsided her friends urged her to keep a brave heart, as the work of justice was yet to be accomplished. This considera- tion seemed all potent, and she was icd into a discussion of the evidence, into which she entered with a good deal of epirit. The grief of the 9-year-old daughter, Fan- nle, was almost as touching as that of her mother. At first she would not believe that her father was really dead. “Why, these men promiscd me that they would not kill. my papa,” she said, and with childish innocence sho believed that the ruflans would not break their promise. When she was assured that the casket really contained her papa’s body her grief was pitiable. She demanded to see him, but was removed from the room, as it was feared that the terrible sight would be too much for her childish nerves. ARRANGEMENTS FOR THE FUNERAL. The funeral will be held at the Methodist «church at 2 o'clock tomorrow. It was the first intention to hold the service at the rink, but Mrs. Scott was very anxious that the funeral should be held in church, and her wish was finally deferred to. A briet discourse will be given by Rev. E. E. Hosman, pastor of the Methodist church, and the 0dd Fellows ritual will be read at the grave. A number of Masons and 0dd Fellows from other towns came in on the evening train to attend the funeral. A large number will arrive from the west on the morning trains, and farmers from the nelghboring counties are already beginning to_come in. The special trains that had been scheduled have been abandoned on account of the post- ponement of the services, but notwithstand- ing the attendance will probably be sufi- cient to fill the little church several times over. While little else but the funeral is thought of, material points are constantly being added to the accumulation of evidence against the accused. The finding of the body and the fact that the state is to take a hand in the prosecution have lent courage to witnesses who were previously afraid to divulge what they knew. It is now positively known th there are witnesses at the call of the prose- cution who actually saw the shooting at Parker and who claim to have recognized several of the lynchers. WILL WORK WITH SECRECY. The names of these and other witnesses are most carefully concealed, for if they should become known to the vigilantes the chances are that they would never live to givo their eyidence in court, The name of every man who participated in the cow- ardly deed s known to Attorney- General Churchill, Attorney Staley, Dell Akin and one or two others. It will not be until these men are in jail and the backbone of the gang Is broken that the nature of the evi- dence that is now in the possession of the prosecution will be made public. The situa- tion is such that in their opinion the utmost secrecy s mecessary until their plans are fully worked out, The Frontler, Sun and Tribune, all local weekly papers, are out today and agree in denouncing *he crime and demanding the conylction of the murderers,* The editorial In last week's Beacon Light, in which Bdi- tor Kautzman urged the farmers to boycott the business men who participated in the search for Scitt’s body, comes in for general condemnation. Even the Tribune, which is also of the populist persuasion, denounces Kautzman in the most vigorous’ terms, and warns the better element of its party from longer following the leadership of the friends of the lynchers and murderers. The Fron- tier devotes a couple of columns to editorial comment on the case, including an appeal to refrain from further violence, no matter what the provo- cation may be, and to leave vengeance to be done according to the letter of the law. PRISONERS NOT GREATLY WORRIED. The four prisoners are still in the county jail, but their mood has undergone a de- cidéd change since they appeared in court the other day. The continued conferences with their friends have evidently had a reas- suring tendency, and the worrled look has been succeeded by a smile. They were all in consultation with their attorney when a Beo reporter visited the jall, and seemed particularly cheerful. They were introduced to Treasurer Irey of Douglas county, who is in O'Neill to attend the funeral, and Mullihan jocosely remarked that’ this was 4 pocr place for county treasurérs to come to. The other three prisoners returned to their consultation with Attorney Harring- ton, but Mulllhan remained and chatted pleasantly for some minutes, He referred to the fact that he was a member of the Grand Army of the Republic, and said that he still carried six bullets which he received while in the secret service of the union army. The death of Major Paddock at Omaha was alluded to, and he sald that he had met Major Paddock and was also acquainted with Postmaster Clarkson and Major Furay of Omaha. He was disposed to make light of his present predicament and his oilef anxiely seemed to be on account of the money it would cost him to get clea i STRAW PAPER TRUST BROKEN. Foreclosure Proceedings Started In Chicago Yesterday. CHICAGO, Jan. 24.—Foreclosure proceed- ings against the Columbia straw paper com- pany were begin in the United States eircuit court today. The Northern Trust company filed a bill and asked for the appointment of a receiver. Similar foreclosure proceedings have been begun in nine different states in which the company has mills. Inability to meet interest payments on §1,000,000 in bonds is set up by the bill as the reason for the proceedings. The company was organized in January, 183, with & capital stock of $1,000,- 00, and'the incorporation was taken under the laws of New Jersey. Most of the paper mills In the central states were absorbed by the new company and a promising business was transacted for some months, To the panic of 183 is ascribed the first trouble of the corporation. It 18 expected that the bond and stock holders will meet £oon to dis- cuss a plan of reorganization, Degision Is Against Ritebie, CLEVELAND, Jan. 24—In the United States circult court today a decree was filed in the case of Samuel C. Ritchie against James B. McMullin and ex-Senator { Payne, Blevenson Burke and others, The stock held as security by the latter parties for loans made to Ritchle, consisting of Canada Copper and Central Ontario railway mining shares, 1s all ordered sgld to satisty the claims against Ritchie. The decre is against Ritchie at every point. @i CHICORA A COMPLETE WRECK. that She Went Down with All on Roard. CHICAGO, Jan. 24.—Late this afternoon a message was received from Captain Graham, one of the boat's owners, saying that the Chicora is lost with all on board. The mes sags was received by Andrew Crawford, ono of the Chicago owners of the steamer. It was from 8t Joseph, Mich., and read “Chicora lost beyond doubt with all hands.” Mr. Crawford sald that Captain Graham had undoubtedly received positive proof of tho boat's loss some time this afternoon. So far as known Joseph Pearl of the drug firm of Howard & Pearl of St. Joseph was the only passenger on board. The loss of the vessel, exclusive of the cargo, amounts to $160,000, and the cargo of thirty cight carloads of flour was valued at $20,000. Andrew Crawford, the principal owner of the Chicaroh, said this afternoon: ‘*‘There wag no insurance and the loss to the com- pany is about $125,000, but our regret is the loss of life. It fs dreadful to think that many lives have been lost. Captain Stiner was a particularly fine felolw, able and cour teous. He had been with the company twenty odd years and knew the lakes as well as any captain in the service. 1 do not blame him for the wreck, and yet is seems as though if he had studied his barometer Monday morning he would have known the storm was coming. The storm signals, 1 have learned, were not displayed in Milwau kee for three hours after the boat had left that port. I calculate the Chicaroh miust have been within ten or twelve miles cf St Joseph when she was caught in the jce. “What happened then will probably never be known. However, it is easy to say what might have been. That Captain Stiner aid his duty and guided his boat to the best cf his knowledge I have not the slighest doubt “The second mate, Bennle Stiner, was an only son of the captain.’” SOUTH HAVEN, Mich, Jan Morton of the Graham & Morton Transports tion company returned with a party of search- ers this afternoon. They found great piece of mahogany from the Chicaroh's cabin; life preservers and part of a barrel of ilour &nd other evidences of a complete wreck. No effort has yet been made to find any of the bodies, No Question TERRE HAUTE, Ind, Jan. 24.—The Van- | dalia officials at the general offices of the company firmly believe the Chicora to be lost. The boat carried fourteen carloads of freight consigned to the Vandalia for eastern points. CHARGES OF CORRUPTION. Coming Thick and Fust In Legislature. SACRAMENTO, Cal,, Jan. 2.—The legi lature today considered the proposed inv tigation into the alleged corruption of the San Francisco police department. The at- torney general was directed to draft a law sranting authority to nonpartisan commi tees to Investigate the police and also the San Francisco election trauds tee is to sit as long as ne power to com| ance of witn sses and punish_for contempt. Chairman Tim- othy Guy Phelps of the ‘committee on re- tr nichme-t declares that the state was being robbed right and left, specifying the Pres- ton School of Industry at Iong as peculiarly dishonest in its management. The commit- tee was empowered to send a subcommittee at will to investigate the various state in- stitutions, ithout a Choled. SRR, oi—Seven Jolnt Dallots for United States senator were taken today without resulting in a choice. The first_ballot of the day was as follows: Wil- son, '27; Allen, 15; McMillan, 10; C. I Helm, 1; Rogers, 23; Manning, 1; Ankeény, 27. Sen- ator Helm, n strong Ankeny man, nomi- nated Gorge Turner of Spokane before the next ballot. In the succeeding ballots many of Wilson's votes went to Allen. The last hallot taken gave the following vote: An- keny, 25; Wilson, 7; Allen, 24; Turner, 10; MeMillan, 5; Rogers, 25; Wallace, 6; Man< ning, 1. the California Debating the Contest BilL. NASHVILLE, Tenn., Jan. 2.—In the heuse today a resolution to open and pub- lish the returns of the gubernatorial election next Monday was defeated. A resolution re- questing Senators Hairls and Bate to use their influence toward having United States senators clected by the adopted. The gubernatorial conte s then taken up, and by resolution twenty-four hours was given for debate and the debate was commenced. Dolph Lucks One Vote. SALEM, Ore., Jan, 2i.—The legislature met today in joint session to vote for United States senator. The ballot resulted in the following vote: Dolph, 44; Moore, 19; Lord, 2; Bennett, 8; Hare, 10; M Williams, Kincaid, 1. Necessary to an élection, 45, There was no_choice. Shoup Gained Two More. BOISE, Idaho, Jan. 24.—Shoup gained two votes on the ballot today. Result: Shoup, 20; Sweet, 19; Claggett (pop.), 15, ——————— WHITE COW’'S STROKE FOR LIBERTY, Sloux fquaw Overturns Tribal and Lands in Jail CHAMBERLAIN, ‘8. D, Jan. 24.—(8pe- clal)—That the female members of the great Sioux nation are advancing toward clyilization cannot longer be denled. It is well known that it Is customary for the squaws to do all the manual labor, such as gathering and chopping wood, caring for the ponies of their indolent warrior husbands keeping the tepee or house in repair, ete. in addition to performing the usual house hold duties; but White Cow, a Sfoux squaw probably having read some of the argt ments of the white agitators for the “eman- cipation of the sex,” decided to change Sioux custom, and {s now in in the western part of the state on thé charge of committing a murderous assault on her hus- band, Charging Elk. With the evident tention of following the advice of her whit I Tradition sisters, she refused o longer submit to th sual ‘drudgery imposed upon her by on being expostula forcibly, flew into a rag ¢ °d to carve him with a koife, stab- bing him twice In the arm and once in the ibs. She now wishes to commit sulcide nd it 18 necessary to watch her closzly to prevent her carrying her wish into execu- tion, Her attempt to alter the custom of hundreds of years hus proven a dismal failure. Charged with Emb SIOUX' FALLS, 8. D, Jan, 21, Telegram.)—James Waring was arrested to- for the embezzlement of $1,000 while township treasurer. When he settled in 1503 he gave notes signed by the sheriff and others to cover the shortage. He defaulted on the notes. He savs the ex-sehrifi had him sted for political reasons, He will have & hearing tomorro: S Accident Pollcles Must Be FPald at Denth, KANSAS CITY, Jan, 24.—According to a declsion rendered In an insurance case in the circult court here today an aceldent pol- icy Is collectable in case of suicide by the holder. The case Is that of Mrs. Mary A Logan against the Ridelity ‘and Casualty company of New York to collect §2,500 on & accident policy held by her son, w mitted sucide in 1893 Mrs. Logan's law- I out the Misgourl statutes, provide that life insurance must by n the death of the insured, no matte the cause of death. The company lawyers argued that this law applicd only to stralght life insurance, not to accident insurance. Judge Scarrist’ decided that the law applied ‘to all classes of life insurance and ordered a verdict returned against the company. —— 10 Withdrawals Coutinge. NEW YORK, Jan. 21. of 2,780,000 has been subtreasury t-day makes the (o withdr week so far $6,250,000. It Is not likely the gold withdrawn will be sent out on Sat- urday, for the reason nearly all of the ship- pers have withdrawn in excess of their re Quirements, because some of the gold paid out by the subtreasury is too light to admii of & profit in shipment. Gold I8 therefore withdrawn in advance to permit exporte: to weigh and sori the gold 80 they may ship that which comes up to the standard of profit, withdrawn for punt from shipment. the This Gold to the amount'| MONEY T0 PAY THE FREICHT Nebraska Senate Adopts the Houss Bill with Half the Appropriation, FREE SHIPMENT IS DISCONTI UED Barl let gton Declines to Haul Any More Rer Tralns Un ess Pald—lmmense Work of the State Commission I Distributing Supplies. LINCO1 The ate Jan. late 24.—(Special Telegram.)—= this afternoon, after a three hours' Wiscussion, in which much fecling was engendered, passed the house reliof bill for the benefit of the drouth suf- ferers, but cut the appropriation from $100,. 000 to $50,000, adding a proviso that the money could be expended in the payment of frelght. THe senators from tho western and northern counties, following the ex wple of their colleagues in the house, pros tested bitterly against a reduction in the amcunt. In their addresses in committea of the whole they drew touching pictures of the distress existing in the frontier couns ties. On the other side the republican senas tors persisted in regarding the whole sube ject as a simple, cold-bloodel business propos sition. Bauer, one of the populist senas tors, voted with the majority, while Rathe bun of Furnas county and Akers of Scotts Bluft voted with the populists for the larger amount. The one valid reason ad- vanced by the majority for cutting down the appropriation was that with the large volume of supplies pouring into Neb from all parts of the union the necoss of a large appropriation with which to buy fuel, clothing and provisions was avoided and ' the only urgent demand for the present at least was the necessary amount of cash to be used in paying the freight charges on the immense amount of supplies now im sight. MONBY TO P/ The one striking feature of this afternoon was the continual upon the part of 'so many senators that morey must be supplied at once for the payment of frelght. The bill, as it now stands, permits the payment of freight. By one of those strange coincidences fre- quently noted In commercial circles where thrift dominates sentiment, the B. & M. today officially informed the State Relief com= mission that it would transport no more supplies on a free basis. General Manager Holdrege addressed the following letter to the commission OMAHA, Neb, Ludden: Dear Sir Relief commission well that careful Y FREIGHT. the debate insistence Jan. 24-—Tev. The work of the has oW progressed So inquiry In the western counties shows that, as far as clothing and provisions are concerned, the immediate needs of the people have been met. Dona= tions from many fources have been 50 boun= tiful that your commission has necessarily distributed” through local committees some supplies in_excess of the requirements of the people who can falrly be said to bs in need. With the supplies now in the hands of local committees, I believe that all cases of want can be taken care of for at leas! a few weeks. Under the circumstances would it not be well for you to publish a no= tice in all of the daily papers requesting those who contemplate glving aid to with= hold their donations for a few weeks, at least, to enable your commission, by a care~ ful personal canvass of all westeyn counties, to ascertain in detall what further aid ia needed, if at all, and the class of supplies required? Tt is certainly true that In Some of the counties the local committees have 50 much at their disposal that they are giv- ing it out almost indiscriminately and that many are recelving ald who do not need it. This, of course, I8 not fair to those who have given the supplies, nor to the railroads donating the transportation. 1f you should hold all supplies now at Lin- coln” until a careful canvass can be made perhaps the distribution for the remainder of the winter could be limited to a few families in each county, who may really need further assistance. ' In the menntime, as far as the B. & M. Railroad company {8 concerned, we must discontinue free ship= ments. Yours very truly, G, W. HOLDREGE, Representative Brady, chaliman of the house investigating committee, stated this evening to The Bee that with the other mem- bers of the committee he spent the greater part of the afterncon at the general head- quarters of the State Rellef commission at the Brace block. A cursory examination of the hooks revealed the enormcus proportions. of the relief work. Chalrman Brady, hims self the leader in the movement for an in= vestigation, estimates that fully $1,000,000 worth of 'fuel, clothing, food supplies, sced grain and cash will pass through the hands of the State Rellef commission before it makes Its final accounting to the secretary of state. Mr. Brady exp:essed himself as being very well satisfled with the system of checks and accounting in use by the officers of the commission. Several members of the investigating committee feel that the distri= bution of supplies has not been accomplished in as speedy a manner as might have been possible, and the delay has worked a hard- ship In ‘many quarters. The committee will resume its labors tomorrow. Chajrman Nason authorizes the statement that in the past sixty days the commission has distributed more than 200 cars of sups plies, that 100 cars are now on track within the limits of the state, and that 400 care more are offered and enroute. A committee from the Omaha city council, consisting of Sol Prince as cnalrman, ¥, 8, Kennard, from the Fourth ward, and John Lemly, fr'm the Second ward, held a con= ‘terence with the members of the house com= mitiee on citles and towns this afternoon with regard to amending section 66 of the new Omaha charter 50 as to permit the vote ing of bonds to the amount of §200,000 for & market house. SENATE ENGAGED ON RELIEF, P, State Bills Passed by thoe. House Subjected to & Lengthy Discussion. LINCOLN, Jan. 24.—(Speclal.)—The first thing the senate did this morning after the monotonous reading of the journal of yes- terday's proceedings had been concluded was to make the relief bill a special order for 8 o'clock this afternoon. Then for forty minutes reports from standing committees were listened to and a large number of new bills were introduced, The first, secs ond and third reading of bills took up the balance of the forenoon session. The first two committee reports recelved were from Senator Mitchell, chalrman of the committee on miscellaneous subjects, and the bills included in the reports were Nos. 45 and 59, the two measures propose the State Sportsmen’s amsoclation. No. was favorably reported and placed on the gencral file. It provides for the protection, preservation and propagation of birds fishes and wild animals in the state, and prohibits the killing of the same during certain seasons. The other bill, providing for the appointment of a fish and game warden, was indefinitely postponed. Smith, chairman of the committee on Jabor, reported back to the senate the arbitration bill, senate file No. 93, with some amendments, and with the recome mendation that it be passed, The bill 18 an act to provide for the amicable adjust- ment of grievancos and disputes that may arise between employes and employers. From the judiclary committee Pope made a large number of reports. Senate file No. 6, introduced by Crane, fixing the salaries of county officers, was recammended for passage. In cquaties having more than 75,000 population county judges are to res celve fees of their offices to an amount not exceeding $3,000, Senate flle No. 88, by protection of Mongolian recommen for passage general file. Senate file No. 7 frregular records made under the law of 1891 relating to was recommended for passag Senate file No. 67, by Pope, amending the statutes relating to officers fees, Wap Hahn, for pheasants, and the was placed on by Cra obale courts,