Omaha Daily Bee Newspaper, March 5, 1895, Page 1

o ESTABLISHED JU NE 17, 1871. RELIEF FOR IRISH TENANTS Morley Eubmits the Land Bill to the House of Comm ns, 3 NO DIVISION ON TS FIRST READING Improvements Must Be Appraised and Paid For—Free Sale of Holdings Allowed ~Frovision to Meet t Canes of Evicted Tenants, LONDON, March 4.—In the House of Com- mons today John Morley introduced the new Irish land biil, and in doing 5o he said he ac cepted the laration belief made by Thomas Wallace Russel that the land ques- tion was at the bottom of the disturbance and 11l feeling in Ireland and that Parlia- ment was competent to make such laws the condition of Ireland required sons for asking the House of Commons to amend the acts now was that in October next the tenants could have thelr rents re- newed: for fourteen years, It was desirable, therefore, to make of these renewals as easy as possible. Mr. Morley defended the report of the re- cent land commitice, ridiculing the idea that it was onc-sided or issued by a packed ma- Jority. In explaining the present bill Mr. Morley said that at the foundation of the government proposals was a broad principle of social principles toward land, A general rule of protect the tenant in ownership it improvements were made was absolutely indispensable in Ireland, owing to the de- cisions of the Irish courts whish upset the in- tention of Parliament, and the government now proposed that all the improvements on a holding should be presumed to have been done by a tenat the contrary wa proven. Th in the bill compels the courts to give compensation and secur- ity for improvements to the tenants, and it also proposed to amend the act of 1870 so as to make it perform its functions in the way it was desigued it should. Consequently it should be modified in a way to prevent the undoubted intention of Parliament being frus- trated, The compensation to be paid to a tenant would be in money or in money's worth. It was also proposed by this measure that holdings should be subject to statutory conditions until the new rents were fixed and the statutory conditions thereby revived, It also makes the term of the holdings ten instead of fifteen yoars, at the end of which time the rents are to be revised. In regard to the landlord's right of pre- emption, tho tenant Was to be allowed the freo sale of his interests, but before selling ho had to give cash to the landlord, who might purchaze the tenancy for the sum agreed upon. When the court fixed a fair rent tho landlord might demand that the court specify the valuo of the holding in case the tenant wishes to sell and the landlord wishes to buy. Where a tenant was in oc- cupancy as a carctaker for five years and had discharged all the obligations incidental to the holding, he should at the end of the period be deemed fo bo the present tenant again with all former rights of occupancy. It was further proposed by the bill that all arrears of rent might be recovered within the next two years, After then the landlord would be able to recover two years' arrears only. M2, Morley concluded a speech lasting two hours with a final preposal to re-enact sec- tion 13 of the act 1891, with slight modifica- tions fn order to meei the question of evieted tenants. He then made a fervent appeal to the Houso to carcfully consider the bill. Upon tho conclusion of his address the Irish land hill passed its first reading without a divi- slon being taken. the circumstances REPORT THE BEBELLIONABOUT OVER. All the C'uban Revo'utionists Have Either Surrendered or €een Captured. WASHINGTON, March 4.—According to a dlspatch received at the Spanish legation in this city, the Cuban revolution is about over. Minister Muragua tonight received”a dis- pateh from the captain general of Cuba, of which the following is a translation: HAVANA, March 4.—The three bands of insurgents who appeared in the province of Matanzas some days ago have completely vanished. Of their three leaders, one, Man- uel Gareia, has been killed; a second one, An- tonio Lopéz Colonin, has been captured, and the third, Marrero, s surrendered. All the members of these bands of reb have either been capturcd ave surrendered, Thero is not a single rebel at liberty in the prov ince. The civil guard has been recalled to the Cape and seut to the provinces of Pin ano, Havana and Santa Clara. The prov- ince of Puerto Principe is quiet. In the province of Santiago de Cuba, the rebels have been completely isolated and are lack- ing In ammunition and arms. They are hesi- tating whether to surrender or to resist for a short time longer. Commissions have boen formed in the hope of persuading them to lay down their arms, and they have ro- quested ten days to consider the question and decide what to do. The government has refused to grant this delay. ON BEHALE OF Beoret Conspirncy of Austrlan Students to Free an Oppressod Country, TARNOPOL, Australian Galicia, March 4.— The trial of twenty-six young students and teachers belonging to a seminary and gym- masium here, opened today. - The prisoners aro charged with lese majeste and con- spiracy. According to the story current here, one of the students confessed to a priest that he was engaged in a recent conspiracy, and he added the priest induced him to inform the polico and the arrest of the conspirators followed, It seems from a document in manuscript which was found at the residence of one of the students implicated that the object of the secret soclety was to effect an organization among the rural people and working classes in order ‘‘to free Poland from the thralldom of Prussia, Austrla and Russia,” which countries are described as belng the irreconcilable enemies of Poland, In the last eight days members of the soclety who withdrew from the soclety have been threatened with death, FOLAND, ENDED IN A DEAD BEAT, Progressives Lost a Number of Seats on the London County Council, LONDON, March 4.—The county council election cases have resulted In,a dead heat, each side electing fifty-nina members. Tho dead heat Is due to the fact that Lord Dun- . raven, for the moderates, Wadsworth. have a small majority in the council on account of the. votes of the aldermen, who aro chiefly progressives, Sultan Sent Cigareties and 8 CONSTANTINOPLE, March 4. burg-American line steamer, torla, with & lurge X cursionists on board, arrived here on Satur- day. The sultan sent an aide-de-camp (o greet the passengers, and ordered cigarettes nd sweets to be distributed among them His majesty aleo permitted the Americans to visit the palace. Al the passensers of the Augusta Vietoria are in good health. ots. The Ham- Augusta Vie- party of American Winter Lack i Englund, LONDON, March 4.—Severe weather has returned in Great Britain and in the north- orn part of the coutlnent. Yesterday there was a hard frost, and snow is falling today in this elty and Paris. Amorican Yacht Winning Trophies. CANNES, March 4.—Mr. Heary Allen's ‘Anierican yacht Dakota won the Ggden goblet aid James Gerdon Benuclt challenge cup was elected The progressives, however, 2 0. regatta, The fir t heat of the match ard Winslow cup, value, 200) francs, Nelll of Belfast. CUBAN REVOLUTIONISTS VICTORIOUS, Battalion of Spanish Troops Pat to Flight Near Manzanilio, ACKSONVILLE Fla., March 4.—The fol- zen: K here tonight that curred between an engagement the southeastern part of Cuba. fards were routed. night in the Cuban club and pi The ac 1 AMPA, Fla., March 4, omez 1s with Henry Brooks gents near G Cuba. An them. He tionary com been in the iittee for many months. He in advantage. He has visited all fortifications ¢ plans of attack for the revolutionary manders, He las designed in the tainous part of eastern Cul Havana, a central supply station, hospital and headquarters, 24, when the revolution wa available insurgent voluntee: gaged in fortifying the camp under the di rection of the engineer. The reported defeat and wounding of Gen: eral La Chambra, governor of the castern de- partment of Cuba, has been confirmed. genera Since Februa Wo! fore Th will nds received of Henry is a gre at Brooks near Guantamo. tly encourage the revolutionists province of Puerto Princ MADRID, . March 4 from an interview published ago with Senor Manuel son of General a few de Gespedes Yqesada Gespedes, the tion in Cuba. tho Amcrican consul general there thorities, Senor the government supported Captain General Galeja, the Spanish-American protocol spired against the government of C cigners were subject to the same laws tried by ordinary court-martials, Military Do BERLIN, tribunals, and not ate in tho Reichstag. March 4.—The tag today. into a_militia_force, which, he claimed, would form a guaranty of liberty and peace. Herr Bnneccerus, national libe cpposed the proposition, declaring many possessed a dizciplined and t tend to deliver it'up to the soclalists, Queen Victoria sits London. at Buckingham patace. She appeared in good health, and in ‘spite of the cold weather, drove to the railroad station, esty’ was dressed in black, Chancellor’s Son Botrothed. uela, ' widow, of Prince Ge Shraunf 1z, The prince was b is & member of the Reict Fuerst Bismarek at Jaffa. JAFF American line steamship Fuerst Bismarck on Sunday. Relehsrng 1 pvernment Loan. of 2,400,000 with torpedo boats. marks, which ‘covers from Influenza, March 4.—-Hon. Thomas the American ambassador was recently attucked by intluenza, has re. covered, F. Sir Willinm S vory Dead LONDON, March 4. avory, F. R. C. 8., late Royal College of Surieons, s dead, aged 69, B i m— CHICAGO IRISH HONOR EMMETT. Largest Gathering Which Similur Colebration. CHICAGO, March 4—By far the larges! Irish gathering ever seen in Chicago in greatest celebration of the kind on record on Auditorium tonight. amphitheater was reserved days ahead. Hun cxercises, while on the streets, at the en admittance. Hon. John F. Finnerty pre sided. The orator of the occasion was Alex. ander Sullivan, Pending there was a characteristically eloquent ad. dress by Chairman Finnerty, Spangled Banner.” Mr. Clarence Eddy, one of the few per formers invited to play on the great Troca dero palace organ at the Paris exposition rendered on the magnificent Auditorium organ a number of fascinating examples o the authentie music of Ireland. was a memorable one. witnessed ex tion before an_Irish audience in some years, confined his remarks to a forceful present ment of Emmett's decds and principles. The speaker was frequently Interrupted by out bursts of applause, and on closing was given another remarkable ovation, U, P, OFFICIALS IN PORTLAND, pt at a great national conven Two Important Cus the Next to Be ew Days. Senator John M. Thurston of Omaha, general solicitor of the Unlon Pacific system; W, 8, Pierce, solicitor for the first mortgag of the Oregon Bhort Line & Utah Northern General J. C. Cowin of Omaha, special counsel for the government; E. L. Lomax general passcnger agent, and George H Pegram, chlef engineer of the Union Pacific, present at the hearing for a separate re. celver of the Oregon Short Li appoluting E Railway and Navigation company £o a | ness contracted by the Union operation of the Oregon Rall tion company. be heard first. States District ay and Naviga. Judge Ballinger tomorrow later in the week. Senator Thurston wil celver for the Oregon Short Line & Utal tion. He will ask to have the case trans. | ferred to Omaha today at the Mediterranean Yacht club for the Rich- was won by the Delanagh, owned by Mr, Balfour lowing are speclals to the Jacksonville Citl- WEST, Fla.,, March 4.—News reached has oc- 00 insurgents and a battal- fon of Spanish regulars near Manzanillo in Span- The news is posted to- s of resort. dreds of Cubans are on the strects re General Maximo | nd 3,000 insur- ntamo, on the south coast of American enginecr of note is with | pay of the revolu- | has traveled over every part of Cuba, study- the topography and positions of strategic the Spanish the island and has prepared com- moun- | 350 miles from y declared, all the | s have been en- A letter from Havana today received by a prom- Inent Cuban states La Chambra has died from the encounter with the | erious 1oss to the government and The same letter brings news that the revo- lution is working westward and toward the n the Chamber of Deputies today Senor Osma questioned the government regarding the report that Ameri- caus had been arrested in Cuba and quoted days leader, who was killed In the last insurrec- Senor Grolsearm, minister of foreign affairs, replied that advices recelved by the government showed that three Ameri- cans had been arrested at Havana and that had | made application regarding them to the au- iroisearm further said that the attitude of It considered that of 1877 af- forded no protection to Americans who con- ba. For- as the Cubans, except that they could only be by debate on the military estates was resumed in the Reichs- Herr Liebnecht, socialist, again urged that the German army be converted al, strongly that Ger- absolutely stworthy army, and that she did not in- LONDON, March 4.—Queen Victorla has returned to London from Windsor in order. to be present at tomorrow's drawing room Her BERLIN, March 4.—Prince Alexander von Hohenlohe, the youngest son of the chan- cellor, {8 betrothed to the Princess Eman- of Salm- %, and , Palestine, March 4.—The Hamburg- which left New York January 29 with a large party of American excursionists, arrived here BERLIN, March 4.—The Reichstag has re- Jected the government's request for a credit to build who | 8 ir Willlam Scoville president of the Ever Attended & honor of Robert Emmett, and probably the elther side of the Atlantic, took place at the Every seat.in the huge dreds of people were standing in the aisles and lobby long before the hour set for the trance, hundreds of others were waiting for his appearance followed by Mrs. Genevra Johnstone Bishop, a descend- ant of the Ulster rebels, singing the “Star The scene when Alexander Sullivan came on the stage The vast audience seemed to suddenly rise en masse, cheering frantically again and again in a way seldom It was Mr. Sullivan's initial appearance He Teurd Within PORTLAND, Ore., March 4.—United States holders arrived here today in two private cars to be e & Utah Northern case and a modification of the order MeNell recelver of the Oregon to | absolve him from the payment of indebted- Pacific in its The latter case will probably It will come before United The Independent receivership case will come before United States Circuit Judge Gilbert raise the point that action for a separate re- | Northern should properly be brought In the United States circuit court at Omaha, which | he clalms s a court of privacy and jurisdic. INVOLVES MANY MILLIONS Justice Harlan Hands Down an Opinion of Importance to Inventors, LIMITATIONS TO THE LIFE OF A PATENT Ameriean Patents a8 Those txpire at the Same Time Tssue A Forelgn Country for the Same Invention. Sulsberger & Co., upon which the question of American patents expire when foreign patents ha day in an exhaustive opinion by Harlan. 1t is estimated that many of capltal hinges upon the decision, determines the status of many | patents. Justice lions which valuable Bate received a patent was previously 1| United States patent did expire with the foreign patents. The decision is against the electrie and other patents involved in the decision of this case. Tho caso involves the construction of sec- tion 4,887 of the Revised Statutes, which pro- vides that “‘Every patent granted for an in- vention which has been previously patented in a foreign country shall be so limited as to expire at the same time as the foreign patent, or, if there be more than one, at the same time as the one having the shortest term, and in no case shall it be In force more than seven- teen years.” .| Among thoe patents affected are threo is- sued to the Western Union Telegraph com- pany on applications filed by Thomas A Bdison, as follows: Patent No, 474,23 application filed April 17, 1877; Nos. 474,231 and 474,232, applica- tions filed July 27,"1877, and March 7, 1893. Patent No. 492,789 was issued to the same party on an application filed by the same , | party on September 5, 1877. These Inven- tions became the property of the American Bell Telephone company by the consolidation contract November 1, 1875. These Edison patents are claimed to be fundamental and they, with the Berliner patents now in liti- gation and which remained in the patent office from 1877 to November, 1891, expire at the date of tho expiration of the foreign patents, The inventions have been In use sinco 1878. The Edison inventions were patented in England, France and Canada in 1877; In Belgium, 'Austria-Hungary, Italy, Germany and Spain in 1878, and in Prussia in 1882, They are free in foreign countries, and under the construction now given of section 4,887 are made free fn this country. Substantlally the decision will affect in the samo way the quadruplex patents which were applied for in_ October, 1874, and issued De- cember 12, 1873, The incandescent lamp patents filed by the General Blectric com- pany are also included in those which will be affected by the decision. There was no dis- sention of opinion, , | The decision at first reviews the patent - | laws since the foundation of the government, tracing with minuteness the provisiens as to foreign and domestic patents. It sums up the laws thus: From this history of the several acts of congress relating to patents for inventions it appears: INTENT OF CONGRESS. 1 That all the aboveacls of congress had in mind the date of an application for a patent, the date of the filing of speci- fications and the date of the patent. 2. That under the act of 1836, a patent could not be granter if it appeared that the applicant was not the original and first inventor or discoverer, or that any part of that which was claimed as new had before been Invented or discovered or pat- ented or described i any foreign publica- tion, its use in this or any foreign coun- try;' yet an original and true inventor was not’ fo be deprived of a patent for his in- ventlon by reason of his having previously taken out letters patent therefor in a for- elgn country, and the same having been published at’any time within six months , | next “preceding the filing of his specifica- tions and_drawings. 3. That under the act of 1830 an inventor, whose invention has not besn introduced into public and common use in the United States prior to the application for a patent, should not be debarred from receiving a atent by reason of his Invention “having cen patented in a foreign country more than six months prior to his application.” 4. That under the act of 1870 an inventor, whose invention had not been introduced into pubiic us in the United States for more than two years prior to the applica- . | ton, should not be debarred from recelving patent by reason of its having been first patented or caused to be patented in a for- eign country—these words not being qual- ified as in the act of 183 by any reference the date of the application. That when an Am an patent wi granted in conformity with the 6th section of the act of 1839 for an invention “patented in a foreign country more than six months prior to his application,” It expired in every case at the end of fourteen years from the date of republication of such for- cign letters patent; and when, in conform- ity with the 25th section of the act of 1870 apatent was granted for an invention *first t | patented or caused to be patented, in a for- eign country,” it expired at the same time with the foréign patent, or if there be more than one at the same’ time, with the one having the shortest term. LIMITATIONS ON ITS LIFE, 6. That under the revised statutes, while a_patent for an invention could not be withheld nor deemed Invalid by reason of its having first been patented in a foreign country, unless the same has been intro- duced into public use in the United States more than two years prior to the application, "|yet every patent granted for an finven: tion previously patented in a forelgn coun- try shall be So limited as to expire at the same time with the one having the shortest term—In no case to remain in force longer than venteen years,"” The decision then takes up the legal conten- tion of the plaintift that when the same in- vention is patented both in this country and abroad the American patent remains in force - | for seventeen years from its date, if the .| forelgn patent was fissued after the applica- 2 [ tion for, although prior to th date of, the t | American patent. The interpretation placed upon the act of 1870 by the patent office and the courts is minutely considered and coplous decislons cited and the decisions say this court may well adopt that construction which s In harmony with settled practice, *land under judicial decisions which may be disturbed or destroyed by the announcement of a new rule. The decision then says: ‘as the Bate Invention patented abroad o | before it/was putented i this countey? 1t the American \i:lh‘l\[ expired with the u_patent, and thereby the An n 0 | public became ‘entitied (o the use of the in: vention from the time the foreign public wera permitted to use it. Congress, in effect, by the existing laws, says to an in- ventor seeking to enjoy the exclusive nse in this country of his Invention for the term prescribed by law: “If your invention has ot been introduced into public use in the United Btates for more than (wo years you may, upon complying with the conditions 1| prescribed, obtaln an American patent and .| You may,' if you can, obtain'w for patent. But the American patent will be granted on the condition that if you obtain the forelgn patent first, your invention 5 1| be free to the Americdn people when by reason of the expiration of th patent &t becomes free to n'l?‘]v ut in no case shall the term of the ican patent exceed seventeen years we deem to be a sound interpretation of this statute, giving to the words used the mean- ing by their ordinary sigoifica- tion, {udsment the language Is %o plain a refusal to recogrize its natural, ob- vious meaning, would be justly regarded as indicating a purpose to change the law by fudicial action, based upon some supposed policy of congress. PROMISE WAS NOT ABSOLUTE It is also sald the United States promised the inventor when making Lpplication, to give him a patent for the full term of enteen years from the @ of his patent, upon examination, it was found that he was titled to one at the time of such application, and, consequently, & curtails ment of that term by reason of something ) | occurring after the fillng of the application, and for which he may not be responsible, 1§ not consistent with good faith upon the part of the government. Of course this Court wo-)d hesitate to accept any con- struction of an act of congress that would imply bad falth upon the part of any branch revolutionary n 1 5 n n 1l OMAHA, TUE WASHINGTON, March 4.—The case of the | Bate Refrigerator company against Francis | The court held that the invention for which | patented in a foreign country and that the | | ve been previously issued, was decided to- | | operate MORNING, MARCH 5, 1895. SINGLE the government. Rut the cpntention just red to assumes the very matter in dis- 3 mes that the pfemise to the nventor was not accompanked by any con- dition authorizing the govormjment to limit the term of its patent to seme period I than seventeen years from itd date. 1f the promise to issuc a patent is Made with the reservation in the statute containing the promise that the patent when fssued should be limited to expire with any foreign patent previously iseued for the same invention, then there is no basis for the suggestion that the enforcement of that condition v lates any promis o to the inventor. A good deal be sald about the tention of congress, as manifested by its legtslation, to deal liberally with inventors, and especially those who were citizens of the United States. This Is truc, but it is for congr scribe the conditions upon whic ure to inventors the ex lusive right to their {nventions, What may be due to inventors fs a matter about which there may well exist differénces of opinion. It is the province of the legislative branch of the government to say when a patent to an inventor shall expire, and, therefore, when the public may enjoy without churgé the benefit of the invention covered by it. We can very well undertsand how the ex- isting statute may in some ciroumstan unjustly to an American tnventor where, in addition to the exclusive rights granted to him in this country for the term of seventeen years, he wishes to secure a monopoly for his invention before obtain- Ing one here, the Amerlcan patent is lim- ited by law, whether it is 0 expressed or not in the patent itself, to expire with the foreign patent, having' the shortest term. This '{s the cise as it appears from the standpoint of the patentee without regard to the interests of the American public, REMEDY LIES WITH CONGRISS We need not say whether these consider- ations were or were not suficlent to in- duce the change made by the 2th section of tha act of 1870, and by the existing statute. They arc referred to cnly as show- ing what congress may have had In view when it provided, as it did, that an inven. tion covered by a forelgn patent, which the inventor obtained, or caused 'to be ob- tained, before recelving an Amerlcan patent, should be free to the Amertcan public as soon as it became fres by reason of the expiration of the foreign patent to the peo- ple of other countries. 1t this principle operates harshly upon inventors in certain cases, It i whose discretion s not subject to judicial control, to make rovision for those cases, if it is possi 0 do 8o without such Injury to the people of our country as ought not to be inflicted upon them. The rule prescribed by the 25th section of the act of 1870, ha 'Il’(l), been repro- duced in section ’ 4,857 the Revised Statutes, and the latter sedtion never ha ing been amended, we ought not, after the lapse of nearly twenty-five years from the passage of the act of 1870, pls upon its 5th section, or upon sectlbn 4887 of the Revised Statutes which took its place, any tnterpretation other than which the ordi- nary, natural meaning of thelr words fm- port. Our answers, therefore, to the que in- | cover the time since the Board of Fire POLICE TO BE INVESTIGATED Police Commissioners Will Act in Accord- ance with Grand Jury Report. GENERAL PLAN TO BE DECID:D TON!GHT © the Tnquiry, Will s Own Re- Dis- Board. que cussion vening's by the Omaha is to have an investigation of the | police department from top to bottom, to| nd | Police Commissioners to the present. Such is the intention of the board, as ex- | pressed at the meeting last night in a resolu- | tion introduced by Commissioner Smith, and which seemed to meet with the approval of | Commissioners Hartman and Coburn, besides that of the mover, Commissioner Strickler introduced another resolution, which was more restricted in its scope. on the was created down Both resolutions, however, were laid table until after a meeting which will be held tonight. To this meeting the county attorney and the members of the grand jury, especlally the foreman, will be invited, and from the information that will be obtained from them the plan of the in- vestigation will be laid out. Pending the investigation Chief Seavey will be relieved from duty at his own request, He sent the following communication to the board: I have the honor to request that a thor- ough and full investigation of my actions as chief of police and of the actions of all other members of the police department be made. Pending this investigation 1 have the honor to request that I be relieved from duty. As s0on as the communication was read a motion was made that it be considered in ex ecutive session, and this passed unanimously. What was done behind closed doors was not disclosed, but when the members of the board appeared they announced that the chief would be relieved from duty until further orders from the board. While the communi- tions certified are that the 'invention for vhich United States patente Bate, was ued was uader the fa-ts stated, proviovsly patented in o foreik , 'within_the meanin in section 4,887, of the Revised Statutes, and that the United States' patent to him expired under the terms of that section before the expiration of seventeen years from Its date. Let it be so certified to the circult court of appeals. The supreme court has reversed the opinion of the lower court involving the validity of the patent of the National Cash Register company. The decision is in favor of the company. The Georgia case of Cunningham et al. against the Birmingham railroad was decided by the supreme court of the, United States today. Justice White delivered the opinion, sustaining the court in dismissing the bill, The case of Francis A. and Percival B. Coffin, who were indicted in Indiana in 1893 on three counts for compeity in the failure of the Indianapolis bank, was decided in an opinion by Justice White. The conten- tion of the defendants that no one not en officer of the bank could-be gpnvicted for complicity was not sustained, but the refusal of tho judge to charge that there cxisted a presumption of innocence was overruled and a new trial ordered. The case of the Norfolk Western Raflroad company, complainant in error, against Ed- ward 8. Pendleton, was decided in an opinion of Justice Shiras. Pendleton sought to re- cover penalties for charges in excess of the law of the state. The supreme court of Virginia was sustained. HITS THE BELL COMPANY HARD. NEW YORK, March 4—The decision of the supreme court of the United States, handed down today, unani- mously sustaining - the decision of the lower court in the case of the Bate Refriger- ating company against Sulzberger, is prob- ably more far reaching in its influence and affects a laFger amount of property than any decision of the court since the “Greenback” cases wero disposed of. This decision not only ®ettled the controversy between the parties directly interested, viz, the General Electric com- pany and the, American Bell Telephone com- pany on the one side and the Westinghous: and the anti-Bell Telephone company on the other side, but also disposes of a very large number of other patents which the public have assumed to have expired under the ruling of the lower court, but which would have been revived if the decision of the supremo court in this case had been the other way, and it also shortens the life of a great many patents which have not yet actually expired. The decision is against the position taken by the General Electric com- pany and the American Bell Telephone com- pany and those associated with them in the appeal, and aflirms the declsion previously rendered by the United States circult court in this circuit. This decision terminates three Edison patents for the carbon transmitter owned by the American Beil Telephone com- pany, by which it hoped to extend its control for twenty-five years more, as would have been the caso had the decision been re- versed, A considerable number of very broad pat- ents owned by the General Electric company are also disposed of by this decision, including Mr. Edison's patent upon the incandescent lamp, regarding which there has been o much litigation, and also his patent on the multiple arc system of distributtion and his patent on the socket for incandescent lamps, which was recently held to be valid by Judge Coxe, ORIGINAL LITIGATION LOST SIGHT OF. The history of the case of the Bate Re- frigerator company against Sulzberger is very Interesting. It involves directly a very small sum of money, and the complainants would probably have never thought it worth while to bring the case to a hearing had it not been that the lawyers of the General Electric and Bell Telephone companies dis- covered that this cse direetly involved the point in whichi they were sg vitally inter- ested and would furnish the earliest oppor- tunity of bringing it beford the supreme court, The result was that'the complainant soon found itself represented in court by such eminent and expensiye counsel as James C. Carter, James J. Starrow of Bos- ton, counsel for the Bell company, and ex- Commissioner of Patents Charles E. Mitchell of New York, counsel for the General Elec- tric company. No sooner had these eminent counsel put in an appearance than the de- fendant, ~ Sulzberger, found himself repre- sented by the equally emingat counsel re- tained by the Westinghouse, Blectric com- pany and the anti-Bell Telephone interests, including Wheeler H. Peckbam, Edmund Wetmore, Ben H. Bristow anfl Leonard Cur- tis, all of New York. i From this time on the batfle was one be- tween giants. The question Was elaborately argued before the circuit eourt of appeals for this circult, Judges Wallace, Shipman and Lacombe sitting, but thiy court declined to take the responsibility of deelding the question, and certified it up to the supreme court of the United States. This court treated the case as one of §o great impor- tance that it took the very upusual course of assigning it for hearing somé three years in advance of the regular order, and also allow- {ng about double the usual time for argu- nent. These oral arguments were by James C. Carter and ex-Commissioner of Patents Mitchell for the General Elgetric and Bell Telephone interests, and by Edmund Wet- more and Wheeler H. Peckham for the Westinghouse and anti-Bell Telephone In- terests, and a lar number of briefs were filed on behalf of varions other ln‘ercsts af fected. Probably theie has been no before the supreme court sne> of the war (i the outeome o 1 lawyers were interested. | | grain cation did not say o in so many words, the board thought that the chief would not care to return to his dutles until he was ordered to do so after a full exoneration. RESOLUTIONS ORDERING IT. The preambles to the resolutions of both Strickler and Smith cited the portion of the report of the grand jury in which certain unnamed members of the police department aro charged with receiving money from gam- bling houses and other fllegitimate sources in return for protection. The report stated that the only reason for mot returning indic ments was because they were barred by the tatute of limitations. From this point the two resolutions diverged, Smith's proceeding as follows: Resolved, That this board proceed promptly to investigate thoroughly the con- dition of the police force from twp to bot- tom. from the time of the creation of this board, towit: May, 1887, down to the pres- ent time; that such invéstigation be public; that the scope of such Investigation un limited, and that all persons whomsoever having' any complaint as to the integrity, impartiality or efficiency of any member of the police force during such period be re- quested and urged to appear before the board and give evidence in regard thereto. Resolved, That in order that such in- vestigation may be complete and thorough, this board urgently request the attendance and assistance of each member of such grand jury, of the county attorney, or such assistant county attorney as he may desig- nate, of the Municipal léague, or such com- mittee as it may appoint, of .he Jen 1- clal club, or such committee as it may ap- point, and of all other persins interested in the integrity and efficiency of the members of the police department. Strickler's resolution was as follows: Resolved, That this board invite and re- quest the county attorney and the foreman of the grand jury to meet with this board at its next meeting, for the purpose of giv- ing the necessary information so that the board may know who are the members of the police force who were referred to in its report; Resolyed, That every such member of the police force £o referred to in the report. of the grand jury be immediately dismissed. STRICKLER'S MODIFICATIONS. Strickler introduced his resolution fm- mediately after Smith introduced his. In ex- planation he said that he was opposed to Smith's resolution becausa it proposed such an investigation as the board could not make because it had not the authotity to compel the witnesses it summoned to attend and testify. Neither did the board have money enough to pay witnesses, nor the power of the grand jury. Such an investigation, he held, as it must be necessarily sup: would be nothing more than a farc stead of ariving at the conclusions the grand jury reached, the board would be compelled to exonerate all the members of the force. But the grand jury had had the power to compel witnesses to testify as it had the state behind it, and if it would give the board the results of the testimony it heard the latter could act intelligently and fairly. At any rate the board could find out to whom the jury referred in its report. Mr. Strickler stated that he had sean the county attorney yesterday and the latter had told him that he was willing to appear before the board and divulge all he knew. Explaining a point raised by Mr. Hartman, Mr. Strickler said his resolution would take up the results reached by the grand jury. If evidence before that body was strong enough to warrant conviction, it was strong enough to warrant dismissal from the force, Members Smith and Coburn were in favor of the fuller inquiry called for by the Smith resolution. Hartman was also of that opin- fon. Evidence had before the grand jury might not be available before a police board investigating' committee. On Strick- ler's motion the matter was lald over until this evening. GAMBLING STILL GOES ON. Chlef Seavey, answering a query from the board, asking If there was not less gam- bling in the city now than in former years, and, if not, why fewer arrests were made. said while ‘he did not believe there we fewer persons engaged in gambling now, there was less money handled, owing to the stringency of the times. Several reasons were given to account for the fact that ar- rests are fewer. Dufficulty in securing evi- dence was the main reason Chief Detective Haze sent in a report recommending that “unknown’ detectives be employedr to secure evidence against gam- blers, On motion of Strickler the finance commit- tee of the board was instructed to draw a voucher for §50 each month and present it to the council. If the money was obtained it was to be expended for obtaining evidence against gamblers and keepers of gambling rooms by the chief, who was Instructed to present a statement monthly as to how the money was spent. Strickler said that al- though past finance committees of the coun- cil were opposed to such an expenditure, the present one seemed to be in favor of it, Lt Sred Graln for south Dakotis Farmers. YANKTON, 8. D., March 4.—(Speclal Tele- gram.)—Two hundred Yankton county farmers appeared before the Yankton county board of commissioners today and applied for wheat, oats and barley seed for spring planting. It s estimated that one- third of the farmers of the county will ask for seed grain this month. Fifteen thousand bushels of small grain will be required to meet the demands, and the county com- missioners will - supply everybody. The shortage in seed arose from the feeding of small grain to hogs during the winter by farmers. Small grain haryest was firsi- class in Yankton county last year, but the corn crop was #hort, and in order (o keep the hogs for breeding for the coming sea- son, farmers were obliged (o feed small Wheat worth B0 cents per bushel on the market was worth §1 per bushel r fat- | ter | ably tening pork, and farmers generally adopted this plan for preserving shoats, Seed Is is- COorYy FIVE CEN' d to farmers crops of 1895, cent interest, FiGHT by chattel mortgage The mortgages draw § on per OVER . THE RAILROAD Roport of the South Dakota Leg Committes Causing n Row. PIERRE, 8. D., March 4.—(Special Te gram)—This afternoon in the house a reso- lution was sprung which caused consid erable excitement and which will lead to a vigorous fight tomorrow. A committee of thirteen appointed by the republicans to in- troduce a new railroad bill which should please the people, took occagfon in its report to the railrond commissioners of willful neglect of duty. Today Dowdell in troduced w resolution citing the language of the committee and calling attention to the fact that such neglect constitutes misde- meanor, and the house concurred in the charge by adopting the committee's report, and ordering the attorney general to forth: with institute proceedings against the com- missioners, The republicans are tonight and are in to take. Probably they ure down. A VIROrous pr upon the new bill, wh i BIL Intive caucusing on the mat- doubt’ what action will vote the meas- Jtest IS being made s been found to laws mmission d favor. n offe In the house to revise the statu Burke Introduced o v a reward of $,000 for the capture of Taylor The bill passed giving county courts juris- diction in smaller civil and criminal cases. Public Examiner Myers has reported that he had found the books and accounts of the auditor and treasurer correct, Not a ttrong PIERRE, 8. D gram)—The state cluded its testimony of the time was take rgument as (o the le ustice Yarnell in Against Me’ oy, March 4.—(Special Tele- today practically con- against McCoy. Most up in a sharp legal ality of evidence, but nearly “every case ruled With the state and gave the widest latitude, dmitting not only legal _evidence, but a reat deal of hearsay. pression {s that the & out a strong case. The witn torney General Crawford, John K. George A, Pettierew, and members of the investigating committee. The attorney gen- eral will call only one or two more wit- n , and then will rest. The defense will probably introduce no evidence, but will simply argue that a case has not been made out. It is likely that McCoy will be bound over., Diamond, G0t Ono Populist Vote, 1daho, March 4.—The ballot for States senator today was cxeiting, there was but a slight change, Sweet's nineteen had agreed to dlssclve at 6 o'clock tonight if there was no action. The result was a last heroc effort to get the populists’ support. McC , the chai man of the populist Caucus, Wi won over telegram from Senator Peffer urging him to support & The ballot_resulted: Shoup, 20; § Claggett, 12 Then came a tes E motion to ac Journ. It was carried by the Shoup men b a vote of 27 to 21. 'The Sweet men not glven up the fight, Sweet BOISE, United W ST. LOUIS, M Missourl, Kansa: pealed from the Applies 1o Al reh 4.—In the case of the s company, ap- judgment of the federal district court of o ansas, in favor of employe of for 'injuries re- ved in a_collision, Judge Caldwell today uled the contention that th: “fello nt'" law of Kansas did not appl. railways in the hands of receivers and s tained “the Judgment in fu of thy plaintife, STILL 0 e SOME POINIS TO BE SETTLED Wabash-Alton Difficulty Threatons to Uls- rupt the Western Committee. CHICAGO, March 4.—The committee of the western lines which was appointed on Saturday to consider the formation of the subcommittees within the Western Trunk Line Passenger committee met today. It was the original intentlon that the commit- tee should meet on Friday, but it was decided this mornng to hold the general meeting today in order to permit the com- mittee to report at the general meeting t morrow. ‘The committee will report that local associations be formed as projected at the time of the formation of the Trunk Line committee. These are the eastern and al committees, with head- quarters at Chicago, the western at Den- ver and the southwestern to be formed of lines running out of St. Louis and to have headquarters in that city. The territory of the eastern committee, which w. inally only extended to the Missouri. rive wasextended 80 as to cover the enti s of Kansas and Nebraska. he general passenger agents of the Alton and Wabash have failed to reach an agree- ment, or, rather, are fearful that they can- not reach one, on the Kansas City-East St. Louis rate problem, and the general man- agers of the es will take up the matter tomo ning. The Alton as- serts that Rast St Louls is a local point on its line and that it has the right to make the rate 25 cents less than the St Louls r The Wabash contends that the _rate to both points should be the same. The completion of the Western Trunk Line Passenger as- soclation hinges largely’ on the, outcome of this thing. The Wabash declares that it cannot become a member until the matter is settled the Mis Pacific, which has _exp a willingness to_sign the committee g Wabash is in, will not become + before that line has signed the agreement. SWEARING V. RAITOR [awa Indians Object to Ono of Thelr Num- her Giving In n ‘WICHITA, Kan,, March 4. the Eagle from Perkins, Okl., Towa Indians in this country are of great excitement and are talking of tak- ing summary and violent means to do away with one of their number, John Amble, who lives five miles southeast of “this place. Some time ago the authorities decided to assess the property of all the Indians for the purpose of taxation. The Indians at once proposed to resist this plan, and an agreement was made among the 'members of the tribe not to allow any valuation to be made. Last Saturday John Amble broke this agreement, and the Indians, it {8 re- re going to deal with him as a , after thelr own fashion—torture, This 18 the first attempt made by the author- ities in Oklahoma to tax the Indians, The authorities claim that the Tndians enjoy all the privileges of citizenship and should be subject to taxation. The Indians reply that they are nothing more than slaves of Uncle Sam, and In_substantiation of this point out fhat an ot make a Visit to a membe tribe without securing a passport from the Indian ag An Indian off s tion “1s subje t. Head Chief Bighead and Chief "Tohee hav aled to the States attorney it is said, is for the Indians to get out injunction against the tax Sl BOARD OF EDUCATION. Change In School Year Keconsidered-~Faid Eniertainment I'rohibited, At a meeting of the Board of Education last evening the previous action of the Board making the school year nine months instead of ten was reconsidered, and the term fixed at nine and a hulf months. The present year term will, however, be nine months The old bills of the Fuller & Warren com pany for furnishing heating apparatus for the Franklin and Columblan schools, amount ing to §2,700, were allowed, closing the long disputed account between the board and the company, A resolution by Mr. Tukey prohibiting col lections in the schools and the holding of entertainments in the school buildings to which admission Is charged was passed, Choyenne Murder Trial, CHEYENNE, March 4.—(Speclal Tele- gram.)—The trial of Charles Houlter on the charge of murder in the second degree for shooting Thomas and Michael ¢ railroad employes, the forme vember 22, was begun in the district 1t'will require three or four ¢ the case. ourt 5 Lo Ll s Kobbed of Cax d Dinmond: John Lord reported to the police last night that he had b2ea robbed of $160 in cash and a diamond stud valued at 0 at the Oxford hotel last nig - Movements of Oceun Nloa. At New s, March 4. York—Arrived—Burgundy, from Marsellles; Massachusetts, from London At Antwerp—Arrived--Bremerhaven, New York. At New Yark Arrived-Suevia, trom Na ples. from DIED COMPARATIVELY EASY Only One Litt'o Brush Marked the Olosing foenes in tho Senate, APPROPRIATIONS WELL OUT OF THE WAY Call Makes n Persistent but Fatlle Effort to Get I Through Vice s Lottery Investigatio ~Usual Vote of Thanks to th Tresident and Presidont Pro WASHINGTON, the United sossion of March 4.—At noon today States senate closed its final the Fifty-third congress amid crowded ries, congratulatory resolutions, 4 parting word from President Cleveland and a briet valedictory from the vice presi- dent. The wonted dignity of the senate was preserved to the end, except for the rush of business Incident to the last hours of a session. The senators were at work by 9 o'clock, after having remained in the cham- ber until 4 a. m. They clearly showed the fatigue of the long session, lasting from Saturday noon, and their ranks were too thin up to 11 o'clock for the transaction of anything beyond formal busin By that time there were few vacant on the floor of the senate and the galleries were literally packed, the crowds filling the sen- ate, pushing into the aisles and overflowing in long lines down the corridors and stair- ways, Many members of the diplomatie corps oceupied the gallery reserved for them. By 10 o'clock the last formalities on the two remaining appropriation bills—naval and de- ficlency—were concluded, and the measures started to the executive mansion. There was no disposition to take up new business and two efforts to consider questions affect- ing the Bering sea were cut off by objections, A feature of the last moments of the session was the tumultuous laughter which greeted the announcement of Mr. Voorhces of the committee to wait on the president that the latter tendered his congratulations to congress on the close of its labors. Vice President Stevenson closed the session with a few well chosen words, and, as he stated, the work of the Fifty-third congress passed into his PRIVATE BILLS PUSHED THROUGH. A number of Lills that were unobjected to were passed by the senate this morning, In-' cluding the following: House bills for the® relief of Charles Deal and for the relief of J. M. Biilings; for the relief of Kate Rberet, an Indian woman; granting a pension 0 May Jane Yynn; authorizing the Dyersburg and Mississippi = River Improvement —company to_bridge the Ohio rive ssee; for the relief of John W. Kennedy; for the rellef of Basil Moreland, and granting a pension of $20 @ month to Mrs, Mary . Wise, widow of Licutenant Colonel F. 0. Wisc. On motion of Mr. Platt of Connecticut the house bill was passed amending the copy- right law by limiting the severity of the penalty imposed on newspapers for uninter tionally violating the law in reproducing copy- righted photographs, ete. Mr. Pettigrew of South Dakota offered a resolution directing the secretary of the in- terior to furnish information as to the num- ber of Indian allotment agents cmployed in 1893 and 1504, Agreed to. At 4 o'clock this morning Senator Dubols introduced the following resolution: Resolved, That paragraph 1 of rule 16 of the standing rules of the senate be amended by striking out the words “all general ap- propriations, except bills making approprin- tions for viver and harbors, which shall bo d to the commerce committee,” and ingz the followin he general ap- propriation bills shall be referred to the committee as follows: To the committeo on_appropriations, the bills for legislative, executive and judicial expenses, for sundry civil expenses “and for all deficiencies; to the committe agriculture, the bill’ for the Agricultu artment; fo the foreign the confular and diplo- atic bill; to the committee on military af- fairs, the bill for the military establishment, including ~the military academy; to the al committee, the bill for thé naval es- tablishment; to the committee on postoflices and post ronds, the postoffice appropriation bill; to the committee on Indian affairs, the bill’ for Indians and Indian tribes; to the commerce committee, the bill for rivers and harbors; to the committee on coast defense, the for(ification bill; to the committee on the District of Columbia, the bill making appropriations for the District; (o the com- mittee on pensions, bill making appropria- tion for pensions.” He could only secure conside time by unanimous consent, and as Senator Aldrich objected the resolution fails for this ongress. Its introduction created consid- ble interest, however, especlally as the ator from Idaho gave notice that he would renew the resolution on the first day of the Fifty-fourth congress and press its consideration early and late. There has for some time existed a latent feeling in the senato that the appropriation committee had too great control of the affairs of the senate. When the senate then, at 4:06 a. m., took a recess until 9 o'clock it was with an under- standing that no business was to be trans- acted until 11 o'clock except in connection with the conference reports, Only three senators—Manderson, Pettigrew and Mitchell—were at their desks when the vice president rapped for order at 9 o’clock this morning, efter a recess of less than five hours. Observing (he slimness of the at tendance Mr. Manderson commented on the fact that “the other side scemed to be in a dismal minority” and a recess was taken for fifteen minutes. There were perhaps at this time 100 people in the galleries, the crowd of a closing session having taken posscssion of the capitol. JUST A SAMPLE SPAT. The octogenarian, Morrill, and the silver- halred Sherman, neither of whom had re- mained throughout the night, came In shortly after. Those who had remained in the chamber until carly daylight showed in thelr jaded faces that the straln telling on them. Mr, Cockrell, who, as chairman of the appropriations committee, has borne a large part of the burden of the forty-eight hours of continuous struggle on the appropriations bill, was among the late arrival At 9:10, when the senate proceedings were resumed, the vice president announced his signature to the naval appropriation bill, 1t was the last formality before the taking of the Jast fmportant measure {o the president, At 9:45 the vice president announced his signature to the deficiency bill. This was the last of the appropriation bills and thus all of the great measures for carrylng on the government were elther at the executlye mansion or on thelr way there. Little was done before 11 o'clock, unani- mous consent having been given to confine the business to conference agrecments. Not knowing tuis, Mr. Call of Florida made a parting effort to launch a senatorial investi- gation of the ulleged lottery iniquities in Florida. Being informed vy Mr. Harris of the agreement, Mr. Call wanted to know what the kenate proposed to do at 11 o'clock, “Lt will do what it pleases,” eald Mr, Harris, with his usual explosiveness. “On ‘the contrary,” retorted Mr. senate never does as it pleases, b few please.” “It seldom does what the senator from Florida pleases, but always what It pleases,” added Mr. Harris Then the senators lapsed finto walting for the concluding hour to arrive. At 10:15 Mr. Voorhees offercd a resolution, which was adopted, for the appointment of & joint committee of the two houses, two senators and two members, to wait upon the president of the United States und inform him that cougress, having completed its busis ness, was ready to adjourn. The vice presi- dent named Mr. Voorhees and Mr. Sherman 4s the senate members of the committee. he Hering sea question made its appear- ance briefly when Mr. Gray, democrat of Delaware, asked unanimous consent to take up the bill already passed by the house con- cerning Bering sea regulations, which he sald were exsential to the preservation of the fur seats on tion at the ‘all, “the what a inaction, At London~Arrived—Missourl, from P'hil- adelphla, seals. Mr. Morgau, democrat of Alabama. chaies