Omaha Daily Bee Newspaper, March 14, 1895, Page 5

NCOME TAX HEARING ENDED Ohoato Makes the Olosing Argnment Against the Law's Constitutionality, IN MANY FEATURES TAX 1S DIRECT Polnted Out Wherein the Law Violated the Constitutional Provision for Equality in Taxation—Many of the Exemptions Unjust. WASHINGTON, March 13.—At the opening of the session of the supreme court Mr. Choate resumed his argument against the constitutionality of the income tax, The in- evitable Income of all accumulated property, whether the tent of land or the interest on lands, is, he claimed, necessarily the subject of direct taxation and of no other. He hoped to establish this fact and to furthor show such tax was subject to the rule of appor- tionment. Whatever else was not included in the term direct tax, cortainly real estato was fncluded. There had been universal as- sent to this proposition and he would take this as the basis of his first step. He con- troverted the proposition that this idea was to apply only to unimproved land, but con tended for its application to all property designated as real cstate, He followed this ar- gument with the assertion that the tax of in- come from the rent of real estate was indistin- guishable from the tax on real estate itself and combatted the position of the attorney general that the [ncome from rent, after It enters the pocket, Is money, and is to be con- sidered as such. For that matter, any tax on land was in substance and effect a tax on its rental. Returning to the position of the attorney general that the procceds were not rentals, but money in the pocket, he de- clared it was a distinction without a differ- ence, and was a fiction which had been stamped upon by the court with all its might, and quoted precedents to sustain this position, Furthermore, hie controverted the right to tax “money in the pocket” as a taxation on personal property. Mr. Choate contended that in exchange for the surrender by states of the power to collect duties, imposts and cxcises, the general gov- ernment had necessarily conceded the protec tion of all men in their equality before the law, and the rule of uniformity must be ob- served. This rule had been obsorved without exception by congress in all tariff acts. Justice White here asked if the observance of this rule would not destroy all specific duties. Mr. Choate thought not, and he also dls- sented from a suggestion that a difference was made In taxing men of different degrees of wealth. He declared that the construction put upon the word “‘uniformity” by the op- position counsel was mostly that of a Jacobin club, or a czar of Russia, who proposed to relgn without restraint. Such a construction would involve a direct violation of the con- stitution. LACK OF UNIFORMITY. Mr. Carter had declared that there was no help for it if a mistake had been made In the law, but Mr. Choate contended that the court was here for the purpose of proffering help in such cases. He referred to what he designated as the breaches of the rule of uniformity made by the income tax, taking up first the limitation of the law to incomes n excess of $4,000. Had we come to the point when there was to be one law for the rich and another for the poor? No wonder, he sald, the president, after ten days’ delib- eration, had refused to put his name to the bill. No wonder the president and the sec- retary of the treasury refused to endorse it. “Do you,” asked Justice Harlan, “dispute the validity of any exemption?"’ Mr. Choate replied that he did not, but without explaining his reply took up the denlal by the law of any exemption to cor- porations, contending for uniformity in the treatment of corporations and individual per- Bons. Justice Brown made an inquiry upon the policy of the provision for domestic ex- penses in the $4,000 cxpenditure, but Mr. Choate contended that in that respect the ldw was alike In its application to individ- uals and corporations, in that it made de- ductions for expenses in the business of both. Justice Brown replied, however, tnat he un- derstood the provision in the law for the deduction of the net expenses of the cor- poration was to stand in lieu of the $4,000 exemption for domestic expenses. Mr. Choate characterized as “capricious” the exemption of the property of schools, churches and sim- tlar fnstitutions, as well as the savings banks, loan associations and mutual insurance com- panies, and said that a far harsher term would " be justified. ““Was it just, for instance, to tax the people of Colorado and Nebraska for the support of Trinity church of Columbia college of New York?'" Referring to the other exceptions, he sald that Mr. Vanderbilt or Mr. Astor could put all his money into a savings bank and thus escape taxation under the law. LOOKED LIKE A JOB. “Why," he exclaimed, it looks as if there were & Job In it. Is it capricious? Is it arbi- trary? ‘Is it wicked? TIs that the way to protect poor men? Had some crafty repre- sentative of the mutual Insurance companies of New York came to Washington and pulled the wool over the eyes of the senate com- mittee which inserted the exemption of those companies? If so he ought to have had an fmmense feo for his success.” Mr. Choate quoted from official records to show the enormous extent of the business done by the mutual companies, declaring there were no institutions in the land which were more noted grabbers for and hoarders of money than these mutual companies. 1t was 3 o'clock when Mr. Choate, after having spoken three hours today and forty minutes yesterday, reached his peroration. He had, he said, felt a responsibility in this case such as he had never felt in any other case, and never expected to feel again, and he did not belleve any member of the court, not excepting the venerable Justice Fleld, whose experfence as member of the court extended from the early days of the war, who had been called upon to deal with many questions of vast importance, had ever sat in a case, or that any of them would ever live long enough to hear a case of more vital consequence to the people of the country. The question In- volved was whether we could rely upon the guaranty given us by the fathers of the con- stitution and under which the nation had 80 far in its history prospered. If it were true, as had been asserted, that a decision adverse to the law was llable to cause an army of 70,000 to march this way, to “‘see about It,” then it was all the more important to the future welfare of the country that the court should see If It has the power to de- clde such questions, and if it finds that it should exercise it to put a stop to such leg- islation as this. Mr. Choate stopped so suddenly the audi- ence did not at first appear to realize that the argument in the famous case had reached a finality and that nothing remained to deter- mine the valldity of the Income tax except the decision of the court, which could not, of course, be then expected, Tdaho Minini Dispute Deelded. WASHINGTON, March 13.— Secretary Smith has rendered a decision in the case of the Last Chance Mining company vs the Tyler Mining company, being & clalm made by the former company for Tyler lode In the Coeur d'Alene mining country, Idaho. A portion of the Tyler claim overlapping the Last Chance claim, the Tyler company made application for patent. waiving all the rights to the over- lapping portion, but the Last Chance asked that no patent be issued while there was pending in the supreme court a case affect- ing the title of the property. Secretary Smith holds that as the overlapping tract has been walved by the Tyler coumpany patent shall tssue for its claim Legal Holiday Does Not Count. WASHINGTON, March 13.—In the case of Willlam Johnson vs Ellis Harrls, Salt Lake City district, Utak, Secretary Smith has held that when tho last day allowed for filing an appeal In & land case falls on a legal holi- day the appellant has properly until the next business day to make such flling Indians Not Complained. WASHINGTON, March 13.—Although it has been a most severe winter there has not been as much complaint among the Indians @3 usual. Usually there have been several tribes where espectal effort has been made to vrevent them from starving and freesing | | Meade and equadron sailed THE OMAHA DAILY BEE: TIURSDAY, MARCH 14, 18085, —_—_nm- —al- to death. Sometimes special appropriations have beet passed to meet such emergenclés, but during the present winter the Indian office has been able out of {ts general fund to care for different cases whera rations have besn short and suffering among the Indlans has been more than usually severe. ANOTHER IMPORTANT LAND RULING Commisstoner's Declsion In Reference to Indemnity Lands Reversed. WASHINGTON, ~ March 13.—Secretary Smith has rendered an important opinion in a decision aftecting the right of raflroad com- panies to select indemnity lands. The North- ern Pacific Railroad company made appliea- tion to select 21,102 mcres of land In the Yakima land district as indemnity for losses in the Coeur d'Alene Indian reservation, Idaho, This application was denied, first, because the selection was not arranged tract for tract; sscond, because the right of the company to make good In one state the losses In another is questioned and the question was also raised as to the right of the company to select in- demnity lands occupied as an Indlan res- ervation. The company asked for a review and the secretary goes into the matter at some length. He holds that the grant to the Northern Pactfic was not confined to state limits and that selections for indemnity can bo made in any state for losses in another, with the reservation that indemnity must be accepted s near the losses as possible. The commisaloner {8 directed to ascertain whethor lands are to be obtalned nearer Coeur d'Alene than Yakima. He also holds that losses for an Indian reservation are subject to indem- nity. In the matter of the selection, tract by tract, the company claimed the reservation lands lost had not been surveyed so such se- lections could be made in the same way, but the secretary thinks sufficlent surveys have been made on the reservation to enable such a selection. The secretary quotes opinlons by Attorney General Garland and Secretary Vilas in support of his findings. WILL NOT TROUBLE THE INDIANS. Question of Fxtending Time for Payment by Sottiors nw Deolded at Washington. WASHINGTON, March 13.—(Speclal Tele- gram.)—It is not likely that any action will be taken by the Indlan office with reference to the extension of time for making pay- ment on purchases of lands on the Omaha Indlan reservation. It has been expected that an order would be issued calling a spe- clal council of the Indians to consider the question, but the report of the special agent states that the Omahas are unanimously against the extension, hence the department officials think it unnecessary to bring the matter again to their attention. Consequently the measure which recently became a law will be vold, since it provides for the exten- sion with the consent of the Indians. The Postoffice department today awarded to J. P. Stewart the contract for carrying United States mail between Deerfleld “and Hill City, S. D., at his bid of $100. The following members of boards of exam- ining surgeons for the Pension bureau were appointed today: South Dakota—Dr. William H. Everhardt, Brookings; Dr. H. D. C. R Millbank. Nebraska—Dr. Fred B. McKee Red Cloud Postr lows: S ters were appointed uth Dakota—Baltic, county, Harry Lowald, vice Olaf resigned; Ourtown, Turner count Martin, vice Andrew Schrag, removed. Iowa Taylor county, C. N. Patterson, vice it, resigned. ostmasters were commissioned today as follows: Iowa—James J. Springer, Cambria. South Dakota—George Moore, Ardmore. PLACE HU. TERS ON THE INCREASE. Scramble for Government Positions is Be- coming Greater All tho Time. WASHINGTON, March 13.—There seems to'be an increase in the demand for place, for whenever there are some new offices pro- vided for by legislation there s generally a scramble for the positions. During the clos- ing days of congress a bill was passed for the examination and classification of mineral lands ine the grant to the Northern Pacific railway in Montana and Idaho. There were twelve officers created by this bill, to be paid salaries of $2,400 a year. There will be three cach for the three land districts in Montana and the one in Idaho, through which the road passes. The bill provides that at least one of the three assigned to each dis- trict shall be chosen from the district, but there is nothing to prevent all being so chosen. The candidates for these places come from all_sections of the country and the Interior_department fs flooded with applica- tions. Some men come to Washington to personally solicit these places. It is desirable that men with some knowledge of minerals shall be chosen and it appears to the officials of the department that there are mineral cxperts in every section of the country, and the appointing officers, should they believe all that is said to them, will become con- vinced that the country was one vast field of mineral resources. The examination of the land will occupy some time. Some of those interested say that in all there are 1,000,000 acres of land in the grant which might properly be classed as mineral, INDIANS WHO HAVE TAKEN LANDS, Commissioner Browning Does Not Think This Should Quality Them for Citizenship. WASHINGTON, March 13.—Indian Com- missoner Browning regrets that the last con- gress falled to pass any law to meet the new question which has arlsen to cause trouble among the Indians. Decisions last summer by the United States courts settle it that no prosecution would stand against a man for seling liquor to Indians who had under the allotment law taken lands In severalty. The courts held that this act on the part of the Indian under the law ad- mitted him to citizenship and the selling of liquor to a United States citizen could not constitute a crime, Commissioner Brownirg says he does not agree to the decision, for while the land is allotted to the Indian he is not allowed to dispose of it for twenty-five years and during that time he is under the protection of the government and the super- vision of the Indian office. He hopes to see in the next congress a law passed meeting this phase of the case and providing that so long as an Indian is undet the care of the government, whether on allotted land or not, he shall be considered an Indian in all things and making it a crime to sell liquor to him. The commissioner eays there will be very little allotting done unless such a law Is passed, as the authorities believe allotments under the ruling of the courts will do more harm than good. Orders for Army Men, WASHINGTON, March 13.—(Special Tele- gram,)—Following changes in stations and duties of officers of the Ordnance depar ment are ordered: Captain William W. Gib- son will be relieved from duty at Wate town Arsenal, Mass., and will ‘take station at the Kilby ~Manufactures company's works, Cleveland, O.. for duty as inspecior of Uhited States army; ' First | Lieutel illlam 8. Pleyce will be re- lieved from duty at Watervliet Arsenal, West Troy, N. Y., and will report for duf at Sandy Hook' proving ground, Sandy Hook, J., with station at Néw Yorl City Captain Daniel €. Pearson, Becond c Iry, 18 granted ten days extended leave; irst Lieutenant Joseph B. Batchelor, jr., Twenty-fourth infantry, six months, hree Ships Sent to Venezuela. WASHINGTON, March 13.—Admiral t night from Port of Spain, Trinidad, for La Guayra, Venezue In case of trouble there United States will have thres fine wars the New York, Minneapolls and Cincinnatl, ready to protect American interests, et Jim Sellers Beaten and Spectators MARSHALLTOWN, Ia, March 13.—Jim Sellers, the colored welterweight champion of Towa, met his first defeat last night, being knocked out in the fourteenth round by a white man named Greenwood, near Webster City. An all-round fight among the spec- tators followed the announcement of the re- sult and many eyes were blacked and heads brulsed. A number of arrests will probably be made. Neorel vish seven CHATTANOOGA, Teun., March 13.—Rep- resentatives of the national executive com- mittce of the Scoteh-Irish Soclety of Amer- tea met here today to confer with the secre- tary, Mr. A. C. Floyd of this city in regard to arrangements for the seventh congress of the race to be held at Lexington, Va., June 20. Invitations will be extended to a num- ber of distinguished speakers to deliver ad- dresses. g Congress. TR ) HAVE MADE THE MEETING PAY Pittsburg Phil and Dave Gideon Away Ahead on the Winter, RILEY GRANNAN HAS MET HARD LUCK Picked the Wrong Horses Often Enough to Drop the Biggest End of His Roll During the Present Session at Hay District. SAN FRANCISCO, March tunes have been won Qistrict track during the past Large sums have been wagered on several races. Riley Grannan, the celebrated Ken- tucky plunger who wagered a fortune on the Henry of Navarre-Domino race last year, has had a run of bad luck and is reported to have lost $25,000 since his return to California last month. Grannan came to California last eca son and cleared up $62,000 in less than two months, He went east with his pile and re- turned with $8,000 more, Increasing his win- nings to $60,000. Mr. Smith, better known as “‘Pittsburg Phil,”” has made as much as Riley Grannan has lost, and Is $30,000 ahead of ame, making a winning almost every day. He is not the reckless bettor that Gran- nan is, but, being a shrewd judge of horses, backs his Judgment irrespective of talent, David Gideon of the famous racing firm of Gideon & Daly is reported to be $20,000 win- ner on the season, 13.—~Small for- and lost at the Bay three weeks, WE TERN LEAGUE TAKING ACTION, Several Declslons Respeoting Contentlous Points Arrived At. MILWAUKEE, March 13.—At the meet- ing of the board of directors of the Western league at the St. Charles hotel Dennls Long of Toledo was elected to represent the Western league on the national board, Under the new order the clubs will receive $1,000 for every player that is drafted from the Western league. Under the rules of last season the clubs recelved only $500 for every player drafted. The “directors also acted upon of “ringing” in soft balls by ment of the Minneapolis club at Minneapolis last season. It was voted that ever§ ball used by the Minneapolis club must bear the stamp of the president of the league, other- wise the Minneapolis club would be liable to a forfeiture of the game. It was also voted that wear blue uniforms league game, Another important point was the agreement to divide equally the receipts of all holiday games. This was done in order to statisfy the demands of the western clubs, the latter being entitled to two of tho holiday games which are scheduled in the east. the charge the manage- the umpires must when officlating at a RESULTS ON THE RUNNING TRACKS. Crescendo Again Shows His Worth Sprint at Bay District. ina SAN FRANCISCO, March 13.—Nagle Burke's colt Crescendo again demonstrated that he was by far the be: ear-old In Cali- fornia by winning the Rancho del Paso stakes, worth $1,500, without extending him self. MacDonough's highly prized fill Santa Bella, made a poor showing. Cr cendo is entered in many of the eastern 2-year-old stakes, and it will take a good one to beat him. The other races to were not particularly interesting. Summary First race, five furlongs, selling, maidens: Mabel, 101, ‘Chorn (11 to 5), won; Zooladin, 8, Isbm (12 to 1), second; Kingsley, 101, Hinrichs to 1), third. ' Time: 1:03%. Lodamo, Myron, Ontar‘o, Monroe, Prince Devine, 'Miss Willoughby, salle also ran, Second race, seven furlongs etta, 85, Isom ' ( fin (9 to 5), sec third. Time: 1 heart, Steadfast, Esperance and P hird race, 2-year- stakes, five furlongs: 1 to 2, won to 1), second; to 1), third, Soledad and Ro- selling: Mari- to 5), won; Roma, 100, Grif- nd; Arno, §7, Sloane (7_to 1), Mutineer, My Sweef Jacob, Joe "Wint, ran. Rancho del Pato scendo, 118, Weber Leda filly, 115, Covington (200 Sisie Ferguson, 110, Chorn () Time: 1:02. Monitor, Rey del Bandidos, Santa Bella and Red Pike also ran, IFourth race, one mile, handieap: Thorn- hill, 111, Sloane (5 to 1), won; McLigl Griffin_ (even), se irtilla, 87, Burns (8 to 1), third, T 1:411,. Realization, Pescador, Don Caster and Ingomar also ran. ifth race, five furlor seliing: Claquer, Isom (' to §), W Tim Murphy, 121, arr (7 to 10), second ainstay, 105, Sloane 5 to 1), third, Time 131, harger, Red Bird and Mollie R also ran. NEW ORLEANS, March 13.—Weather fine; track dead. Results: First race, six furlongs: Virgln (8 t25), won; Princess Rose (6 to 1) second, Guilty (10 to 1) third. Time: 1:20. Second race, four furlongs: Minnie Clyde g5 to b wori, Leaseman ® to 1 second, ister Rosalind (12 to 1) third. Time: 0:501. Third race, six furlongs: Biue and White (6 to 1) won, Hopeful (6 to 1) second, Dia- mond Dick (15 to 1) third. Time: 1: Tourth race, seven furlonmgs: Imp. Wolsey (8 to 5) won, Brakeman (12 to 1) second, Miss Gallop (10 to 1) third. Time: 1:32. Fifth race, six furlongs: Tramp (even) won, Manoa (25 to 1) second, Moloch (@ to 6) third, Time: 1:18%. ST. LOUIS, March 13.—At East St. Lou First race, three-fourths of a mile: Geor, ht, 111, W, Baliey 'won, Burney Laraway’ second, Storicto_ third. Time: 1:22, Second race, nine-sixteenths of a mile: Dunlap won, Jerquet second, Parole third. Time: 0:59% Third race, five-eighths of a mile: Bolinger won, Herndon second, Borderer third, Time: 1:06. Fourth race, handicap, thirteen-sixteenths of a mile: Text won, Schuylkill second, Mordotte third. Time: 1:26%. Fifth_race, three-quarters of a mile: Jim Head won, Seville second, Montell third. Time: 1:20. In the last race Blackburn fell and broke his leg, but Jockey Ross, who was up, es- caped without injur: K1D M'COY DOES FO RSHADOW MABER. Ten Rounds of Hot Work Gives the De- slon Against the Australian. MEMPHIS, March 13.—After raunds of the fastest kind of fighting Charles (Kid) Me- Coy was awarded the decision in his contest with Australian “Shadow” Maber tonight. The match was ten rounds, Marquis of Queensbery rules, Maber was out-founght from the first round and played in big luck that the fight was limited to ten rounds instead of being to a finish, McCoy weighed in at 146% pounds, while Maber stripped at 143. McCoy outfought Maber all through the first round, and his friends were wild with enthusiasm. Maber had slightly the best of the second round. MeCoy from the third round to the end of the fight had matters his own way. At the call of time in the jast round he was unhurt, while Maber was bleeding from hard blows in the mouth. LITTLE ROCK, Ark., March 13.—A match has been made for a limited contest betwees Kid McCoy and Danny Needham, ex champlon_welterweight, o take place here early in April. NEW YORK, Maren 13.-Al GriMths, better known as “Young Griffo,” has issued a challenge announcing his intention of con testing for the lightwelgh championship of America. This 18 regarded as a challenge to Jack McAuliffe, who holds the belt at present. Jack Wilkes at Kearney. KPARN Neb, March 13.—(Special.)— John Wilkes, the prize fighter, formerly of St. Louls, whom Tommy Ryan at South Omaha some time ago beat into a pulp, has made arrangements to take charge of the billiard rooms in the Midway hotel, and will open @ gymnasium In a day or two. It is also his intention to give instructions in the art of boxing and general athietics. Yale Freshmen to Vo Ponished. NEW HAVEN, Conn,, March 13.—Th faculty has voted o prohibit the freshmen class from playing any base ball this year outside of New Haven. or with other col- fege nines anywhere. This 18 a punishment for the action of the freshmen In creating a Qisturbance at the Glee club concert here inJanuary. Hop-+kip-and-damp Champlonship. DANVILLE, Ky., March 18.—The world's standing hop -skip-and-jump record was broken atoCenter college Rymuasium tourna- ment last night by Thomas A. Hendricks of Kontucky. He made thirty feet four inches —five inches over the record. Josie Ray Soid for & Thousand. DANVILLE, Ky., March 13.—G. and C. P. Cecll s0ld to P. Sweet of Milwaukee, Wis, Josie Ray, a 2-year-old filly by Nuthurst, by Mambrino, price §1,000. e Hayward Witnesses Not Indicted. MINNEAPOLIS, March 13.—The grand Jury has decided not to indlet George Grin- dall and Maggie Wachter for perjury i the Hayward murder trial, ‘and they have ac cordingly been ot ak Alberty. The arrests Avers oh warrants sworn out by Blixt's at- torneys, and the jury afier hearing the evi- dence decided that egiviction would be next to impossible FINISHED THE J0B (Continued from First Page) Iynehed te to make the matter more serfous, and will. doubtiess result in more emphatic action hy the representative of the Italian government in Washington, The exact details of Marquis Imperiali's protest are not yet kmown. He called at the Department of State this afternoon f the purpose of calliig the attention of the department to the lynching, and also to make inquiries in regard to the matter. This, however, is really the first step in a mov ay Is sure ment toward a demand for indemnity and reparation, and the Itallan government has been prompt to make such demands in the past Acting Secretary Uhl told the marquis that the State department was in receipt of no information but that which appeared in the press dispatches, but he promized to obtain such further facts as he could, and then the action to be taken could be decided upon Thera the matter rosts at present The Department of State does not antici- pate any serious complications. The Italian government was quick to a in the case of the Mafia killings in New Orleans, but there were.complications to that affair that do not exist here. That was m the topie of international negotiations extending through a period of over a year, and ended by Sec retary Blaine allowing $25,000 in full settle- ment of Indemnity for the loss of the five men who were identified as Italians. In granting this sum Mr. Blaine distinctly dis- avowed any responsibility on the part of this government, the allowance being made and received as a courtesy or charity; an act of grace on behalf of the United St PROMPT ACTION. tes, GOVERNOR TAK Trouble Was All Over, However, Before He Knew it Had Ocourred. DENVER, March 13.—Governor McIntyre today multancously from the au- thorities at Washington and the Italian con- sul at this point Inquiries concerning the Walsenburg lynchings, The communication from Washington was a telagram from the acting secretary of state, asking for particu- lars, and that from Acting Italian Consul Cunneo at this point a demand for protection for any Italian citizens who might be in danger at Walsenburg. Immediately steps were taken by the governor to comply with both requests, and telegrams were eent out To the sheriff of Huerfano county the go ernor directed a telegram demanding full particulars of what had occurred, together with a statement of the feeling at the mio- ment prevalent. To Washington the go¥- ernor telegraphed such partuculars as he then had and promised the fullest protection to all. He also stated that it is probable that the Italians lynched are American citizens: that he had directed the sheriff to protect his priconers and maintain order, and that he had a report from the colonel commanding the nearest place that he could put troops aboard cars in two hours. Quickly following the sending of these dispatches went others to Pueblo, One was to the commander of the military forces stationed there and the other to the railroad company. The militia officer was ordered to report immediately and on exactly on what noticp he could put his com- received mand in the field, and the railroad authorities were asked in what length of time a spectal train could be furnished and =ent to the sceno of the rlots. It was found that within three hours of an order jssuing the Pueblo troops could be landed in Walsenburg. The following is a copy of the communica- tions passing between Governor Melntyre's department and the acting Italian consul: DENVER, March 13, 1865.—To His Excel- lency, A. W. Meclntyre, Governor of Colo- rado.Sir: 1 'have it from reliable authority that at the town of Walsenburg, Colo., this morning about 2 o'clock two Italians were taken from the jail by a ob and lynched, and also that there are seven more men, supposed to be Italians, still in the custody of the authorities Huerfano county, who are th atened to ated in like manner. e tr Therefore, 1, Joseph Cuneo, acting Italiun consul for this district, call on you as gov. ernor of the state to take such steps as may be necessary o insure protection for the life and property of the Italians in custod. of the authorities In sald Huerfano county Very respectfully, your obedi J. CUNEO, Acting_Italian 13, 189 DENVER, Maj your communication of March received, 1 have the honor to have telegraphed to the sheriff of Walsen- burg for information concerning the alleged lynching and to protect his prisoners, and will take such further steps as are nece sary and can be taken within the authority conferred on me by law to insure protection to the life and properly of the Italians in custody in the sald Huerfano county, the same as if they were American citizen I have the further honor to say that it is not yet known to me that the Italians in question are not American citizens. Re- spectfully, your obedient servant, ALBERT W, M'INTYRE, Governor. Dr. J. Cuneo, Acting Italian Consul. The report of the sheriff to the governor related that one Italian had been killed en- route to Walsenburg and that two had es- caped. Whether they are dead or not, he did not know. Two others were killed in the Jail. Governor McIntyre immediately following telegramin reply: Walter O'Malley, Sheriff Huerf sent the ano County, Walsenburg 100~ Wire at once whether you maintaing ¢ and pre tecting prisoners, and whe you have sufficient force to prevent fur mob_ vio- lence, and whether excitement has abated, You are expect 1 to pr. vent @ recurrence of violence to prisoners. Take every precau- tion to protect life and property, and as soon as possible ascertain who composed the mob doing the lynching, and, as soon as practicable, arrest then AW, MINTYRE MINER KILLED BY A CONSTABLE. Gaovernor. Another Bloody Sequel to Attompt to Tiescue a Prisouer in Colorndo. CRIPPLE CREEK, Colo,, March 13.—The whole Cripple Creek district Is greatly ex- cited over a lively running fight Wetween an officer and a number of miners and former railroad men, in which one man was killed and another badly injured. Constable Frank Lupton had arrested a man named McQuaide at Victor for participation in the railroad strike last summer. A number of his com- panfons objected and in the melee one man, Seth Raleton, was shot through the cheek. The officers finally got Ralston and McQuaide before a justice of the peace, where both were put under $200 bonds, which they refused to give, Luptan placed his prisoners on a train to bring them to Cripple Creek, but friends of the men covered thq epgine with guns, pre- venting the train's depariure. When the cons stable approached the locomotive the engineer Jumped off aud ran. Finally the train was Started, but after goirig & mile was stopped, ostensibly to let oft passengers. Patrick Loouey and a couple gk ofher men attempted 10 enter the rear car, where Lupton and his officers were. Lupton grappled with Looney, and as he was losing grpund, pulled a gun and fired. Looney was instanily killed. The prisoners were safely landed in jail here with- out further incident The body of Patrick ‘Looney wes taken into Victor, and th{, coroner appeared at Victor today to take he body to Cripple Creek in order to held the inguest there. Friends of the dead jma gathered In force and prevented the remeval of the body, Excitement 1s high remove the body likely be more bloodshed. e Italian Consul 1ias N Authentic Nows. DENVER, March 13.—Dr. Cuneo, the Itallan consul of this city, had not, up to a late hour this afternoon, been offictally notl- fled of the affair at Walsenburg. As all of the Italians belong to a national benevolent assoclation, he is expecting full reports from the scene of the affalr from re ties. Then he will communicate with the Italian minister at Washington and await in- structions. If the men who were killed by the lynchers are not American citizens he will take charge of whatever properly they may have for the goverument he reprosents The doctor had no informatlon at hand to form any opinfon whatever about the affair. s Indicted for Embezzlement. CHICAGO, March 13.~Four of the officers of the Evauston National bank have been indicted for the alleged embezzlement of funds of the institution by the grand jury of the United States district court. The indicted officers are Presideat Heury Wells, charged and- 1f the Bank Ofe attzmpt o | is poraisted in there will ponsible par- | with_embezzlement of $30,000; Vice President N. E. Hill, of $1,500; Cashler John O. Aw tin, of $3500, and Director B. T. Paul, charged with the embezzlement of $8.500. Wells is said 1o be in Pennsylvania. Hill s in Missouri somewhere on a farm, and Austin is represented as having gone to Californla, Paul fs a_ real estate dealer. The bank was capitalized at $100,000, and when it fafled in May, 1863, it had llabilities to the extent of $120,000 with assets supposed to be worth a like amount, but which have since failed to materialize. [ — CALLS MAX O'RELL A F. KIr Chief of Police of San Franclsco Denles Nis Aspersions on That Clty. SAN FRANCISCO, March 13.—Chiet ot Police Crowley vigorously denfes the asser- tion of Max O'Rell that the illegitimate ehil- dren born In Paris annually was not more than one-third the number of unnatural chil- dren born every year in San [Francisco Chief Crowley ays this city is not half so immoral on the lines suggested as any of the large manufacturing cities of the United States, England or the continent, young girls and women are thrown In dal contact with irresponsible males of their own age. The chief does not know where M. Blouet obtained his data, but pronounces the conclusions false, whatever the xource of his so-called statistice “It we who have lived have to deal with crime immorality,” sald Crowley, “‘cannot form any accurate estimate of the question of ille- gitimacy, how could a stranger and a for elgner obtain such data? This alleged French humorist is a fakir of the rankest kind. It is an insult to compare San Franclsco to Parls, where the marrlage laws are looked upon by most in the llght of a useless en- cumbrance. 1f O'Rell were here he would get_what he promises would be the treatment of Mark Twain were the latter in Paris—hls nose would be pulled.” -~ GOLD 0UT OF here all our lives and the element of TAKING SAND, Rich Doposita of Vaiuablo Ore Found on the Shores of the Pacific. N FRANCISCO, March 13.—Gold min- g 18 being carried on almost within the corporate limits of San Francisco. On the beach, three miles south of Clff house, an old equatter has for years toiled with shovel and pan, eking out a scanty living by ex- tracting gold from the deposits on the shor by the currents and tides. ers have frequently asserted that the entire coast, from Alaska to Cape Horn, Is full of free gold, and that its successful amalgama- n was the sole obstacle to working it. Several weeks ago a newly invented amalga- mator was employed by a company organized for the purpose, and as a result of fifteen days' labor three chunks of amalgam are now at the United States mint from which a value of from $1,000 to $1,200 is expected to be developed. Four men are required for each amalgamato A machine will run twenty tons of sand a day, the net profit being estimated at §2.50 per ton. The ocean shore, wherever the black sand exists, is now snsidered as good as any quartz mine, and amps are being established along the beach. Experienced min- NEW ORGANIZATION A SUCCESS. Three Local Districts Are Now All that Remain Traoe to the Old Order, PITTSBURG, March 13.—General Master Workman W. B. Wilson of the Independent Order of Knights of Labor, who is in the city, is very enthusiastic over the prospects of the order. He says that originally the Knights of Labor had a membership of 75,000 and that fully two-thirds of these have joined the new organization. The only districts of any consequence remaining true to_the order are locals in St. Louls, New York and Brooklyn. The first general assembly of the new Knights of Labor will be held in Wash- ington, D. C., in January, 1896. At that time it will likely be decided to establish national headquarters in this city. He also states that the proposed action to get posses- sion of the property of the old order is in the hands of attorneys and nothing will be done in the matter for a year at least, — - TICKET FORGERS INDICTED. FOUR Their Work So Skillfully Done as to Deceive the Uldest Conductors. ST. JOSEPH, March 13.—The grand jury today returned indictments against John J. Kelley, Joseph Ludwig and Charles and Frank Cronin, charged with utterign and dis- posing of forged coupon tickets, purporting ve been issued by western railroad lines. There are four counts against them. Theso men are thought to be some of the smoothest forgers in this line in the country, and local railway lines have taken up scores of the tickets, the forgeries in every case being so0 skillful as to deceive the oldest con- ductors, ————— NEW PARTY'S TWO LEADING PLANK \bolitlen of Drink Tramc to Go Hand in Hnnd with Free Silver. PITTSBURG, March 13.—Delegates are ar- riving to attend the conference in this city tomorrow to discuss the formation of a new national party, which shall have for its prin- cipal objects the abolition of the drink traffic and the free coinage of silver. Among the speakers who will be present are Mrs. A. M. Rice and Mrs. S. M. Perkins of Cjeveland. The conference will be held in Lafayette hall, which is of historical interest as being the ‘birthplace of the republican party. Tried to Kl Off the Family. SANTA ANA, Cal, March 13.—A sensa- tion was caused by the arrest at Anahelm of Frank Littlefield and the subsequent revela- tions. On investigation it was found Little- fleld had tried to exterminate an entire family by shooting first at his brother, Sheldon, next at his brother's wife and then at the latter's mother, Mrs. Adams. Fortunately his aiin was bad and he missed each of 'his human targets. Tne motive for the shooting Is sald to have been Littlefield’s bellef that his brother had disgraced the family by marrying Miss Adams. To clear the family reputation he proposed to kill his brother and his wife and then"shoot the mother-in-law on general principles. ——e———, Kulelde of & Chicage Broker. CHICAGO, March 13.—A. Bowman, a broker, shot and killed himself in his office at 126 Dearborn street this afternoon. Bow- man conducted the Union Mortgage com- pany, and his suicide Is supposed to be the result of financial difficulties. He had been in Chicago but a few months, having come here from Ashland, Wis., where his father is said to be a wealthy banker. Bowman left his wife several days ago, and it fis thought by his friends that domestic (roubles may also have had something to do with the sulcide. He was alone in his office when he shot himself, and was dead when found by a porter, s Wreok Caused by a Broken Wheel. HAZELTON, Pa., March 13.—It was noon today before the wreck on the Lehigh Val- ley between Lofty and Silver Brook was cleared suffic tly to permit trains to pa Tho fact that no one was killed seems miraculous, as the cars turnel completely over and on the edge of a high embank ment. The accldent was due to the breaking of a wheel. The passengers brought to this city on the Pennsylvania road were able to leave town today, their injurles being slight. el L, Myron D. King in a Dangerous Condition. INDIANAPOL March 13.—Myron D, King, the governor's secretary, who was in the riot at the house of representatives Mon- day, 18 no better today. Early this morning he had a bad spell. His physiclan was hur riedly summoned and applied restoratives and expressel the opinion that the falnt resulted from the effects of medicines. Tho doctor says tho chief danger of his patient will be in the event of inflammation. e 0ld Midway Chureh Celebrating, ATLANTA, Ga., March 13.—The old Mid- way church in Liberty county, the most ancient house of worship in the south, having been bullt in 1762, is the scene today of th 103d annual reunion of the Midway society | an organization whose wmission it is to per petuato the historical associations of the venerable structure. Negroes now own the building. —— Rats and cockroaches agree that one free lunch of Stearn’s Electric Paste is fatal; 26c. where | |FICTITIOUS COTTON VALUES Planters Warned Not to Be Deceived by the Recent Rise in Price, PRESIDENT LANE'S ADDRESS TO GROWERS Large Acreago is Not Necdod This Year to Supply the Market and Efforts Are Being Made to Decelve the Planters, ATHENS, Ala, March 13.-—Hon. Proctor D. H. Lane, president of the American Cotton Growers' Protective Assoclation, has fssued the following address: “To the Cotton Growers of the South: growers to the strategie movement belng made by cotton manipulators to delude them into the sulcidal act of planting again a |1arge acreage of cotton. That uneasiness | has been felt in Liverpool for a time in referencs to a decreased acreage goes with. out saying, and had this fact not existed, cotton values would have boen lower than | they have been, and now, as the end of the soason is at an end, and the staple is sub. stantially out of the hands of the farmer. | these gentlemen, who have represented the | boar element for to many months, While [ cotton was moving in large volumes, now | resort to this case of running values up simply as a device to induce the farmers to plant more cotton than possibly they in- tended. “I warn the farmers of the south that the price of the last fow days Is fictitious, and Is the product of a oy of men to systematically rob the producer of his le- gitimate gains, Tt 1s a delusion and a snare to catch the unsuspecting farmers, to in- veiglo him into the toils of another 3,000,000 surplus, so that they can bear down values lower than lagt seaon with an increased surplus on hand. “Let the people beware. Tt is a bait to catch those who will bite. There can be no legitimate reasons shown for this resort to consy | wn flctitious values. The production has exceeled most sanguine expectations, Russia has ed a virtually probibitive duty on Ameri- can cotton, so we can no longer expect to sell her 500,000 bales. There will be no change made in the next session in the national laws is the legitimate cause for this rise, It cotten has been selling at legitimate figures? It is simply the old spider and fly game recurrenco of the farmer and the bunco steerer, and I am constrained to exclaim, ‘How long, oh, Lord, how long!" Is it to be ever thus, that our people are to be waylaid and robbed of their meager subsistence? [ deny tho proposition and defy the man who made ft—that any man can produce cotton legitimately for 5 cents with any reasonable profit; and I state advisedly and emphatically that the southern grower—I mean, literally, a man who digs the ground, the unfortunate who ‘pulls the bell cord over the mortgaged mule'—is not realizing 12 cents a day for his labor the year around. What is to be the fate of this man if cotton goes down 1 or 1% cents this fall, which is not at all im- probable when we recognize the conditions that confront us and.take into consideration the fact that we had a most phenomenal sea- son for picking our crop this last s=ason, and its classification was higher than ever known, hardly any grading less than low middling.” “Still it averaged under 5 cents, and though we may make a smaller crop the ensuing son of 1895-96, it we have a rainy or un- propitions gathering season, cotton in all probability will grade lower and mayhap will have a recurrence of the season of 1881, when we had a superabundance of tne poorer quali- ties. We could then expect the same relative difference in the grades, which must, of course, result in considerably reduced re- turns from the whole crop. “I Invoke the most earnest attention of cot- ton growers to this nefarious scheme and ad- dress you this letter as a caveat, that you may not be deluded by this ‘wolf in sheep's clothing,” or in other words, this bear in bull’s clothing.” OUTPUT OF THE PACKING HOUSES. Marketing Continues Liberal, Although Not So Great ns Last Week. CINCINNATI, March 13.—(Special Tele- gram.)—Tomorrow's Price Current will say The offerings of hogs continue liberal. Packing in the west for the week 310,000, compared with 330,000 the preceding week, and_ 240,000 last yen from March 1 is 540,000, against 4 r ago. Prom- compare as follows: Chicagn Kangas Omaha . St. Louls. L 2mom incinnati . o T Indianapolls Milwaukeo 10,00 Cedar Rapids 600 400 St. Joseph. 5,000 00 Sioux _ City 7,000 Ottumwa. 5,00 Ront the Priest Out of the Church. AUBURN, N. Y., March 13.—The funeral services of the late Very Rev. Dean Seymour most rites here were the impressive ever witnessed In local church circles. At the commencement of the services Father Flaherty of St. Morris, recently silenced by Bishop McQuaid, entered the vestry, carrying his missal and a silver headed cane, appar- ently intending to take part in the celebra- tion’ of the mass, when he was stopped by Vicar General O'Hare, who commanded him to ‘“go where he was wanted.”” Without answer Father Flaherty left the church through the vestry and re-entered the auditorium shortly ‘after, taking his seat among the worshipers. SOME_FACTS Relating to a Valuable Discovery. Which It is Glaimed Will Cure Every Form of Pifes. Interesting Statement of a Well Known Druggist of Ypsi« lanti, Mich, Mr. Frank Smith, the well known and pop- ular druggist of Ypsilanti, Mich., in speaking of the Pyramid Pile Cure says: A year ago 1 sold C. C. Potter, 119 Hamilton street, ypsilanti, Mich., a box of the Pyramid Pilo Cure. 1A made the followlng statement to me today: ‘I have been troubled for twenty years with itching plles. Have tried nearly overything that promised relief, but got very little help untll one year ago § valled on my druggist, Frank Smith, and got a box of the Pyramid Pile Cure. The one box used ac- cording to directions was, in my case, & per- fect cure, as a year speat without any symp- toms of the trouble has convinced me.' " The Pyramid Pile Cure not only glves in- stant relief in every form of piles, but the relief is permanent. The piles are cured and stay cured, and whether itching, protruding or bleeding piles, the results are equally satls- factory. 1t is rapidly taking the place of ordinary salves, olntments and lotions, as well as surglcal operations; first, because It cures, and further becausa it Is cleanly, convenient, painless, One can use it and go about his dally occupation, as it is applied at night and no attention is required during ths day. Furthermore it is absolutely safe, containing no oplum, cucaine or mineral poisons so com- mon in ordinary pile cures. Send to the Pyramid Drug Co., Albion, Mich, for a treatise on cause and cure of piles and huns dreds of testimonial letters from people who have tested the Pyramid and found It a com plete cure, or beiter yet, ask your drugglst for a package and give a trial. Sold everywhere at 60 cents and $1.00 per package. “I with to call the attention of the cotton | —_— ITS TRACES LINGER LONG Why the Grip Is So Much More Feared Than Many Other Diseases That Affeot Us, If the grip would run its course like ane other digsease and then go away, leaving no trace Dbehind, 1t would still he dangerous \0ugh to Justify all the precautions against it But the evil that (Hr does lives after it People who can't digest their food and complain of cold hands and feet, or of shattere ne AT mented by & persistent co 1 haven't been well ¥ simple enough. There has been an immense drain of vital force dur: ing the battle with the disease, and this loss has never been made good, ' Thus the weakened body, 1ike a town without fortifi cations, i3 open to the enemy. A second of grip ls, for this rfeason, more fous than the firet congequence dled, and how vented? How shall the harm« of the first hattle be reme- shall n second sioge be pre- Here 1s an answer “My lungs have been weak for four months after a severe attack of grip,” says Mis, Ha of Rridgeport, Pa hreo weeks ago 1 began using Duffy's Pure Malt Whiskey, and can highly recommend it. X wish T had tried it sgoner.” For the benefit of people who ke to know the why and wherefore, it should be sald that Duffy's Pure Malt \\MNI«" is a medicinal stimulant, which stira all the functions of the body to such brisk and healthy action that the grip can find no weak Spot to sleze upon Hard work, anxiety and exposure drag down the most vigorous constitution It 18 only a question of time, unless the strength be sustained by a stimulant th ocs - to help the respiratory, digestive and excreto organ Tecause Duft's Pure Malt Whis key docs this It has robbed the dreaded mrip of its terrors. Please remember, though, that a remedy used promptly 18 doubled in value. This extraordinary Rejuvenator is the most wonderful discovery of the age. It has been endorsed by the leading seiontiiic men of Buropa and Awerlen. Hudyan 15 purely’ vege- table, Hudyan stops &3 Promatureness Cures LOST BEFORE AUTER MANHOOD Constipation, Dizziness, Falling Sensations, Nervous Twiteliing of the syes and other parts, Strengthens, fnvigorates aid tones the entire system. dyan cures Debility, Nervousness, Emissions, aud developes and restores weak organs, Palng in the buck, losses by day ot night are stopped quickly. 'Over 2,000 private endorsements. Prematureness means impotency in the first gtage, 1t isn symptomof seminal weaknessand barreniness. 1t can be stopped iu 20 daye by the use of Hudyan. 1 The new discovery was made by the 8pcel ists of theold famous Hudson Medical tute. 1tis thostrongest vitalizer made. Itis very powerful, but harmless. Sold for $1.00 & packige or ¢ packages for €.00 (pluin soaled oxes), Written gpunrantee given for a cure. It you buy six boxesand are not entirely cured, 8lx more will be sent Lo you frec of all charges, Bend for circulars and testimonials, Addrees HUDSON MEDICAL INSTITUTE, 1032 MARKET ST., wSAN FRANCISCO, CALIFORNIA, Qo /%) I #0727 Consumers of chewing tobacco who arewilling o pay e more then the price charged for the ordinary frade tobaccos, will find this brand superior toall others BEWARE OF IMITATIONS. NEW FAGES 415 itiens ing Blemishes, in 160 p. bouk fo John ¥ 77\ HANGING d Remoy- & starp. Woodbury, 127 W. 424 8., N, ¥, ial Soup. RALLWAY TLIE CARD inventor of Woodbury's LURLINGTON & MO. IUVER.|Arrives Denver 16 Mont, & enver Lxpres @ Locul (except Lincoln Local (except Sunday)..1li%am irast Mail (for Lincoln) Daily..... NGION & Q.|Arrives ot 10tk & Mason Sia. +..Chicago Vestioule, I.l.Chicago Express.. 2i45pm. Leaves |CHICAGO, BURL HGianal Union D Tiiom. §i0am 7:50pm 11:%am. Loaves (CHICAGO, MIL. & ST. PAUL ATV T mana| Union Degots 10ih & Maaon Sta:| Omahn_ 6:00pm . L..o..Chicago Limited Y AL 08 Cicgo Tixprews (ox. Buntssss |CHICAGO & » AhaUnion: Depot, 10th & Maa 11:05an ..Eastern Express, ioopm. 11111 Vestibuled Limited: ) 6:60am..........Mo. Valley Local.. b, . Oinaha Chicako Special aves | CHICAGO, R. 1. v 5:80pm * 0id0am “10:80pm dain 25pm. .. Sopm. . Chicago 1 whm. Oklahoma Kxp. (1o C. B. oY — WEBL - iGam OKlahoia & Texus Kx. (ex, Bun ) 1T0pm 1:10pm. Colorado_Limited... M. & O Webster 8t 1. 9:600m Littpm L dpm 1y Express Paul Limited . E. & MO VALLEY. Dot 15th and Webster 8i Faut Mall and kxpross.. .. (ex. But) Wyo. Ex. (ex. Mon.) Sun.). "z Dpm 2:10pm :0am. .. Norfolk Express (ex. Sunday) :10pm g St Puul Express... 5. & O, B Oth & Mason 8 9:am.....Kansas Clly Day Expre m. K. C. Night Ex. via U, P. Tral 5 MISSOURL PACIFIC, Ginaha] Depot 15th and Webster 84 0 Al B Touls Expr ¥:pm. §i. Louis Express B0, .. Nelrnaka Local (ex. Sunj... Teaves | BIOUX CITY & PACIFIC. Omaha| Depot 1ith wnd Webster Sis. “6:10pm......... Bt Paul Ldmited.... feaves | BIOUX CITY & PACIFIC. Ouiahia| Union Lepot, 10th & s G0 Sloux City Fa By Bt Paul Limited Leave UNION PACIFIC. OwahalUnion Depot, 10th & Mason Bts. 10 00am. y Lixpress, st Jox (6X. ific Express.... “Fast Mall.......