Omaha Daily Bee Newspaper, May 28, 1895, Page 1

e THE OMAHA DAILY BEE ———— - —- —_—— -~ — — — — —. — — — — — r— — — —== —= ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNIN&, MAY 28, 1895. SINGLE COPY FIVE CEN’ - — —— I DEBS MUST SERVE HIS TINE |2 ot rs,beies | SECRETARY CRESHAM DEAD [ oyt s, e monct v com | NURDERED IS NEIGHBOR| ¥ee7enoav's oaue m omama[SoKES SET AT A NILLION Bupreme Court Refuses to Graat Him a Writ of Habeas Corpus, NJUNCTIONS AGAINST STRIKERS VALID Bonch Was Unanimously of the Oplalon that the Circult Court Has Fiaal Juris- diction and that the Case Is Not Reviewab! ‘WASHINGTON, May 27.—The United States supreme court today denled the ap- plication of Bugene V. Debs, the strike leader, for a writ of habeas corpus. This is a victory for the government. No more Im- portant question, with the single exception of the income tax, has come before the su- preme court during the past year attempt of Eugene V. Debs and other officials of the American Railway union to secure a reversal of the sentences to jail by Judge Woods for interfering with interstate com- merce and the running of the malls in the great rallway strike of last summer. The history of the case is still fresh in public memory, but it has importance beyond the question of the imprisonment of the A. R. U. ofcers, because there Is largely in- having jurisdiction of large interests by vir- tue of receiverships created by them to pre- vent labor troubles through the instrumen: tality of Injunctions. Nearly one-third of the railway property of the United States being in hands of receivers appointed by feceral courts, the precedent thus established has wide application. Technically the application for writ of habeas corpus and certiorari arises from the case in equity of the Union Trust company against the Atchison, Topeka & Santa e road since the receivership, under which the eircuit court exercised jurisdic- tion over the Santa Fe and its allled roads, was created in this case. On July 2, 1894 in 2, when the great railway strike was threaten- ing, the receivers applied to Judge Woods of the circuit court for the northern district of Tllinois for an injunction against the A. R. U. to prevent it from inciting employes to strike. Judge Woods signed the order pre- sented, which was a sweeping one, enjoining the officefs “of the union from aterfering with the mails or with interstate commerce or from destroying property; from compelling or inducing the employes of the road to strike by violence or intimidation, or from aiding or abetting them to do any of these things. The A. R. U. decreed a strike on the Illi- nois Central raflroad, one of those included in the Injunction, and the events of the strike are matters of general knowledge. The offi- cers of the union were brought before Judge Woods for contempt of the court last De- cember. K. V. Debs, the president, was sentenced to six months in fail, and ‘seven others, G. W. Haward, Sylvester Keliher, L. W. Rogers, James Hogan, William E. Burns, Rollo M. Goodwin and Martin J. Elliott wers sentenced to three months, It appears that the injunction had been personally scrved on the first four officers, but Judge Woods held that its publication’ in the newspapers was sufficient service in itself for all of the defendants BASIS OF THE DEFENSE. An application was made to the supreme court for the release of the eight officers of the union by a writ of habeas corpus. Pend- ing decision of the supreme court they have been given their freedom under bail. Counsel for Debs and his associates base their appli- cation on the grounds that their sentence without indictment and trial by jury was in violation of the constitution, particularly its Fifth and Sixth amendments, that the infor- matlon upon which they were convictad did not show any violation of the injunction. Also, that the injunction was void,” becaus: the bill asking for it stated no case of whick the court could take cognizance, and was in effect a bill by the government of the United States to maintain the public peace and en Join the violations of the penal code. Argu ments before the supreme court by C. 8 Darrow and Judge Lyman Trumball for the unfon, and Attorney General Olney and As- Bovei sistant tri Whitney for ted great attention, he decision of the court was read by Jus- tice Brewer, and was unanimous, there bing no dissenting opinion. All contentions of the government were sustalned. The con clusions of the court were that the govern ment of the United States was having juris- diction over every foot of soll and over every individual within the boundarles of the United States, and while it was one of limited pow- | ers, it had sovereignty within those limita- tions. It had power to invoke civil courts t0 remove obstructions to Interstate com- merce, and the civil courts had the right to enjoin those who made obstructions to such commerce, The injunction was no bar to the nment, at- than the | volved the principle of the right of judges | of right and wrong on the part of these etitioners and thelr associates and Inferr- ruf that determination by the club of the policeman and the bayonet of the soldier, it submitted all those questions to the peaceful determination of judicial tribunals, and invoked their consideration and judg- ment as to the measure of its rights and powers and the corelative obligations of those against whom it made complaints. And It is equally to the credit of the latter that the judgment of th tribunals was by the great body of them respected, and the troubles which threatencd so much disaster terminated. Nelther can it be doubted that the gov- ernment has such an interest n the sub- Ject matter as enables it to appear as party plaintiff in this suit. It is sald that equity only interferes for the protection ul property, and that the government has no property Interests. A Mcient reply is that the United States has a property the ma the protection of which was one of the purposes of this bill. POWER OF CONGRESS UNABRIDGED. Up to a recent date commerce, both In- terstate and international, was mainly by water and it is not strange that both the legislation of congress and the cases in the courts have been concerned principally there- with. The fact that in recent years the in- terstate commerce has come mainly by rail- roads and over artificial highways has in no manner narrowed the scope of the constitu- tional provision or abridged the power of cof gress over such commerce. On the con- trary, the same fullness of control exists in the one case as in the other and the same power to remove obstructions from the one as from the other. Constitutional pro- vistons do not change, but their operation extends to the new matters as the modes of business and the habits of life of the people vary with each succeeding genera- tion. That the bill filed in this case diselosed special facts calling for the exercise of the powers of the court is not open to question. The picture drawn in it of the vast interests involved, not merely of the city of Chicago and the state of Tllinos, but of all the states |and the general confusion into which the | interstate commerce of the country was thrown through the forcible interference with that commerce; the attempted exercise by individuals of power belonging only to the government, and the threatened continuance condition of things which called for the fullest exercise of all the powers of the court. If ever there was a speclal exigency presented, one that demanded that the court should de all that courts can do, it is ap- parent on the face of this bill, and we need but turn to the public history of the day which only reaffirms, with emphasis all its an. gations. The difference vecwsan @ public nulsance and a private nuisance fs that one which affects the people at large and the other simply the {ndividual. The quality of the wrong is the same and the jurisdiction of the courts over them rests upon the same prin- ciples, and goes to the same extent JURISDICTION NOT QUESTIONED. The argument in opposition does not ques- tion the jurisdiction of the court, but only expediency of the action of the government in applying for its proc 1t surely cannot be seriously contended that the court has jurisdiction to enjoin the obstruction of a highway by a person, but that it has no jurisdiction when the obstruction is by 100 persons. It may be true, suggested, that in the excitement of passion, a mob wiil pay little heed to processes issued from the courts and it may be said by counsel in argument that it would have savored somewhat of the puerile and ridiculous to have read a writ of Jurisdiction to Lee's army during the late civil war. It is doubtless true that Inter arma leges silent, and in the throes of the rebellion or revolution the processes of civil courts are of little avail, for the power of the courts rests on the general support of the people and their recognition of the fact that peaceful remedies are the true resort for the correction of wrongs. But does not counsel’s argument imply too much? Is it to be assumed that these defendants were conducting a rebellion or inaugurating a revolution or that they and their associates were thus placing themselves beyond the reach of the civil process of the courts? Whatever auny single individual may have thought or planned, the great body of those who were engaged in these transactions con- templated neither rebellion nor revolution, and when in the due order of legal proceed- ings the question of right and wrong was submitted to the courts and by them d cided, they unhesitatingly ylelded to their decisfons. The outcome by the very testi- mony of the defendants, attests the wisdom of the course pursued by the government and that it was well not to oppose force siply by force, but to invoke the jurisdi tion and judgment of those tribunals io whom by te constitution, and in accordance with the settled conviction of all citizens, is com- mitted the determination of questions of right and wrong between individuals, masses and states, A most earnest and eioquent appeal was made to us in eulogy of the heroic spirit of those who threw up their employment and gave up their means of earning a livelihood, criminal processes for acts done In violation of the Injunction. The circuit court having final jurisdiction, its act was not reviewable by the supreme court on a petition for a Wwrit of habeas corpus, and therefore the writ was denied. SYLLABUS OF THE DECISION. The opinion of the court in substance was follows: [The case presented is this: The United States, finding that the interstate transpor- tation’ of persons and property, as well as malls, 18 'forcibly ob- a combinaton and con. splracy exists to subject the control of such transportation to the will of the con- spirators, applied (o one of the courts sit- ting as a court of equity for an injunction to restrain such obstriction and p carrylng Into effect such conspiracy the carriage of the tructed and that Questions of importance are presented Are the relations of the general gov- ernment (o interstate commerce and the transportation of mails such as authoriz a direct interference to prevent a forcible obstruction thereof ? 2. If authority e sts, as authority In governmental affairs implies both pow and duty, has & court of equity jurisdiction to lssue 'an injuncton in aid of the per- formance of such duty? First. What are the relation eral government to interstat and the transportation of those of direct supervision, management, While under the dual system which prevails with us the powers of g ernment are distributed between the state and the nation and while the latter is properly styled a government of enumer- at . yet within the limits of such it has all the attributes of and in the exercise of those ts directly upon the through the intermediate of the gen- commerc They are control” and powel enumeration’ relgnty, epumerated powers sOV citizen agency and not of the state. Under the power vested in con- gress to establish postofiices and pestroad congress has by a mass of legislation es- tablished the great postoffice system of the country with all its detall of organization, its machinery for the transaction of busi: ness, defining what shall be curried und what not, and the price of carriage and also prescribing penalties for all against it. Obviously these pow the national government over inter- Btate commerce and in respect to the transportation of the mails were not dor- Congress had taken hold econd. olfenses given o the mant and unused. of these two matters and by various and exercised the powers given to it and was in full dis- specific acts huad assumed and charge of its duty to regulate commerce and carry the mails, If the inhabitants of a single great body of them should interstate state or a combine to r the tran: 1 for such Offenses had in such a community would be doomed in advance to fallure. And If the certainty of such fallure was known and the national government had no other way 1o enforce the freedom of interstate cc ferce and the transportation of mails than y prosecution and punishment for inter- ference therewith, the whole interests of Obstruet interstate commerce portaton of the malils prosecu the nation in these respects would be at the absolute me of a portion of the habitants of a single stute. But ere I8 no such impotency in the national. gevernment, The entire strengih of the mation may be used to enforce in any part of the land the full and free ex. erelse of all national powers and the se oufll( of all rights entrusted by the con- stitullon to its care. The strong arm of the national government may b put forth 1o brush away obstructions (o the free- dom interstate commerce Or the tran portad rises in- of the mails, If the emerge the army of the nation and all re ut the servico of the nation ¥ ity o use ght o apneal Powers of pre- not In defense of their own rights, but in sympathy for and to assist others whom they believed to have been wronged. We yield to none In our admiration of any act of herolsm or self-sacrifice, but we may be permitted to add that it Is a lesson which cannot be learned too soon nor too thoroughly that under this government for and by the people the means of redress of all wrongs s through the courts and at the ballot box, and that no wrong, real or fancied, carries with it legal warrant to invite as a means of redress the co-opera- tion of a mob with its accompanying acts of violence. SUMMING UP ITS CONCLUSIONS. We have given to this case most careful and anxious attention, for we realize that it touches closely questions of supreme impor- tance to che people of this country. Summing up our conclusions, we hold that the govern ment of the United States is onz having juris- diction over every foot of soil within its ter- ritory and acting directly upon each citizen; that ‘while it is a government of enumerated powers it has within the limits of those powers all the attributes of sovereignty; that to it Is committed power over interstate com- merce and the transmission of mail; that the powers thus conferred upon the national government are not formulated, but have been assumed and put into practical exercise by the legislation of congress; that in the exercise of those powers it is competent for the nation to remove all obstructions upon highways, natural or artificial, to the passage of interatate commerc> or the carrying ot the mail; that while it may be competent for the government (through the executive branch and in the use of the entire execu- tive power of the nation) to forelbly remove all such obstructions, it is equally within its competency to appeal to the civil courts for an inquiry and determination as to the exist- ence and character of any alleged obstructions, and if such are found to exist or threaten to oceur to invoke the powers of those courts to remove or restrain such obstacles; that the Jjurisdiction of courts to interfere in such ters by injunction Is ane recognized from anclent times and by indubitable authority; that such jurisdiction is not ousted by the fact that the obstruc- tions are accompanied by or consist of acts in themselves violations of the criminal laws; that the *proceeding by injunction is of a civil character and way be enforced by pro dings in contemplation that the penalty for a violation of such injunction is no sub- stitute for any eriminal prosecution for of- fenses committed in the course of such viola- tion; that the complaint filed in this case showed clearly an _existing obstruction of artificial highways for the passage of Inter- state commerce and the transmission of mails an obstruction not only temporarily exist- ing, but threatening to continue; that under such complaint the court had power to issue its process of injunction; that, it having been issued and served on these defendants, the eircuit court had authority to inquire whether its arders had been disobeyed, and when it found that they had been. then to proceed und:r sestion 725, Revised Statutes, which grants power “to punish by fine or imprison ment * * * dischedience * * * by any party *** or other person to any lawful “writ process, order, rule, decrce or command” and enter the order of punishment eomplained of: and, finally, that the circuit court, having full jurisdiction in th2 premises, in its find- ing of the fact of the disobedience Is not open Lo review on habeas corpus in this or any ther court, I We rater into no examination ol the act of 2 e b e (Coatinued on Secoud Page.) of such invasions of public right, presents a | N8 private secretary, Grew Suddenly Worse Yesterday Afternoon and Gradually Sank Away, HCPE ABANDONED EARLY IN THE EVENING Kept Allve by Powerful Stimulants Until 1:15—Wife and Daughter Were at His Bedside — Son Did Not Arrive in Time. WASHINGTON, May 28.—Secretary Gres. ham died at 1:15 o'clock this morning at his rooms at the Arlington hotel. Although hope of his recovery was practically aban- doned when his s'nking spell occurred shortly before 6 o'clock last evening, the most powerful heart stimulants known to medical science, nitro-glycerine and digi- talis, were injected periodically and an in- fusion of normal salino solution was made through an open vein in the arm. He recov- ered slightly, but owing to severe rigors shortly before 11 o'clock, he began to fail rapldly and his vitality began to ebb. The three physicians saw that the end was near, and at 12 o'clock withdrew to the anteroom, leaving in the sick room only the members of his family, Mrs. Gresham, her daughter, Mrs. Andrews, an! son-in- law, Mr. Andrews and the nurses. Up to that time he had been conscious and talked at intervals. His words were full of brav- ery. He fully appreciated \his conditipn and spoke words of hope and cheer to his stricken wife and daughter. Sometimes his mind wandered slightly and went back to the days of long ago, recalling incidents of life and happiness in the springtime of his life. He spoke. too, of his absent son and Mr. Langis, whom he loved as a son and who, like his son, was speeding to nis bedside, all to late. But just before the physiclans retired, he ceased speaking, though he appeared to be consclous. Mrs. Gresham sat at the bed- side smoothing his fevered brow and oco sionally reading to him from bible passages which he loved. As the end approached his pulse became hardly perceptible. Gradually his eyes glazed and closed. Mrs. Gresham, with noble and heroic fertitude, continued to read the words of the gospel te her depart- ing husband. Her daughter and son-in-law stood with bowed heads at the side of the couch. NURSES BROUGHT THE NEWS. At 1:15 o'clock his breathing ceased, a peaceful shadow passed over his pale coun- tenance, his pulse flickered and the sorrowing family were in the presence of death. One of the nurses conveyed the news that the end had come to the physicians in the next room and they in turn, brought it to the watchers in the reception rcom. Those present in the reception room were Secretary and Mrs, La- mont, Secretary Herbert, Assistant Secretary of State Uhl and Assistant Secretary of War McAddo and First Assistant Postmaster Gen- eral Jones, Assistant Secretary of the Treas- ury Hamlin, Attorney General Olney, Colonel Corbin of the army, and the president’s pri- vte secretary, Thurber. In the hotel lobby outside were a half huudred of the secre- tary's friends. No arrangements will be made for tuneral until the arrival of his son today. President Cleveland, who was at Woodley, was telephoned to and kept constantly in- formed as to his premier's condition. He, too, has been confined to his room, it is said, for two days by a billous attack. He sent word that if it was possible for him to see the secretary or to be of any assistance he would be glad to come in, but the physicians stated that it would be impossible for the secretary to see any one, and he therefore decided to remain at Woodley. Mrs. Gresham's devotion to her husband during his illness has been of the most ten- der, patlent and faithful character. Although physically slight, she displayed, so said one who has been in the sick chamber several times a day throughout the secretary's ill- ness, remarkable endurance and nerve. For four’ weeks she has hardly had her clothes oft. Night and day she was at the bedside, snatching an hour or two of slecp when she could on a lounge in her room. She seemed determined to fight off death. “It he dies,” she sald many times, “I lose all.” But_she did not complain. and devotion she ministered the With patience to his every want, giving everything her personal atten- tion and trying to cheer and brighten him when he was peevish and fretful. The ut- most persuasion was required to induce her even to lie down. Yesterday she grew so faint from sheer exhaustion that she reeled and would have fallen, had not one of the nurses caught her in her arms. Mr. Gresham's illness b:gan May 1, when he was attacked with acute pleurisy. HIS LONG ILLNESS. When he was taken sick four we2ks ago the physicians dlagonsed the case as gall stone in the bladder. His pleurisy symptoms were overlooked for almost thirty-six hours, As soon as Dr. W. "W. John- ston, who is now the attending physician, was called, he discovered that the secretary was suffering from an acute case of pleurisy, probably caused by exposure while riding out to Woodley, the president's coun- try home, at night. In the meantime, the gall stone had passed. The secretary's right lung was affected, the cavity being already filled with pleuritic fluid. His respiration ros: to 43. The physicians decided not to tap the cavity, but to rely upons ab- sorption to rid it of the exuded fluid. Grad- ually Secretary Gresham grew better. The respiration was reduced almost to normal, Last Saturday, when Dr. Johnston thought all danger past, the left’ lung suddenly be- came affected and filled rapidly. Since then either Dr. Johnston or the consulting physi- cian have been at his bedside constantly, as have Mrs. Gresham and their son-in-law, Mr. Andrews. He passed a very bad night Saturday night and a very bad day yesterday, suffering so much pain that last night he was placed under the influence of opiates. He has been kept more or less under their infleunce today. His long fliness has weakened the secretary greatly, and it is said that his physiclans have decided that in his exhausted condition he could not undergo an operation for the removal of the fluid. The fact that the secre- tary has had stomach trouble for years and' has been obliged to diet militates against any rapid recovery of strength. Secretary Gres- ham had an attack of pleunrisy years ago. He has also suffered much from his wounds, being at one time bedridden for over A year. SKETCH OF HIS LIFE. Down in Harrison county, in the most southern portion of Indiana, was born on the anniversary of St. Patrick's day, March 17, 1832, in a small, unpretentious frame house, Walter Quinton Gresham, lawyer, statesman, soldier, cabinet officer and United States judge by turns. It has been said that he is of pure Ameri- can stock who can trace his native-born an- tecedents back 100 years. Judge Gresham can do more than this. His grandfather, George Gresham, was born in Virginia in 1776, emigrated to Kentucky in 1501, where he married a sister of Dennis Pennington, and in 1809 crossed the border line into In- diana, where he settled in Harrison county, of which he was one of the early ploneers and founders. Honest, industrious, courage- ous and a devout Methodist, this stalwart Virginian appears to have been a good hus- band and a fond father to his six children, of whom Willlam, the eldest. son, was the father of Judge Gresham. Corydon, the seat of justice of Harrisomw county, about ten mile$ from which Judge Gresham was born, was for three years the capital of the territory and for nine years the capital of the new state. Here in 1833 came Willlam Gresham, about a year and a half after Walter was born, to assume the dutles of sheriff of Harrison county, to which office he had been elected by an almost unan- imous vote. Not lcng was he permitted to hold office. In the spring of 1534, while at- tempting Lo serve a writ on a tough char- . charge of lead and died insidé of two hours. The wretch who committed this cowardly murder was eventually pardentdi by the gov- ernor, after serving a short time in prison, to which & jury had comsigned him for twen- ty-one years. £ With ‘a family of fodr children, of whom the eldest was 8 and the youngest, Walter, was 2, Colonel Greshaf's widow found it a hard struggle to provide for her fatherless bables during the next faw years. As soon as Denjamin, the eldest, was able to attend to the farm he shared the responsibility of its management with his mother, but Wal- ter was of a more studious disposition than the rest of the family, and after gleaning what knowledge he could from the county schools he set his heart on entering the sem- inary at Corydon, where he later spent two years in study, completing his education by a year's course in the State uniersity at Bloomington. Returning home he entered the law office of Willlam A. Porter, prosecut- Ing attorney of Harrison county, one of the ablest jurists of that dayy and in 1854, after three years of hard study, yowng “‘Wat" Gresham, as he s still called In southern In- diana, was admitted to the bar. CAPTAIN GRESHAM IS PROMOTED. Something in his great uncle's taste for public life appears to have been inherited by the judge, for in 1856, when the Ne- braska question was being agitated, the young lawyer joined the republican party, and in 1856, when Fremont was nominated for president by his party at Philadelphia, he stumped Harrison county in support of the republican ticket. In 1860 he managed to overcome a democratic majority of 500 in his district, and was elected to the legis- lature. At the outbreak of the war he was ap- pointed colonel of the Thirty-eighth In- dlana volunteers, and in December of 1861 to the command of the Fifty-third regi- ment. Colonel Gresham first proceeded with his regiment to St. Louls, but latetr joined Grant at Savannah, where he was assigned to Veatch's brigade of Hurlburt's division. Although anxious to participate in the fight at Shiloh, he was compelled to remain on guard at the Savannah post by order of General Grant, but later engaged in the siege of Corinth, afterward moving with the regiment to La Grange, where he joined Grant's army and took part in the north Mississippi campalgn. , He was afterward stationed at Memphis, was before Vicksburg, and August 11, 1863, on the recommendation of Generals Grant and Sherman, was ap- pointed- brigadier general, commanding the post at Natchez. . Subsequently he was placed In charge of the district of Natchez, succeeding General Crocker, and his wise and judicious govern- ment of that turbulent city is yet remem- bered by the people of that regon. General Gresham remained in Natchez until the fol- lowing spring, when he wasf placed in com- mand of a division o the Sévanteenth Corps of the Army of the Tennessee, to take part in the campaign against Atlawé. At Leg- gett's Hill July 20, 1864, while the 'l of bullets was particularly heavy, Genera: Gresham received a charge of shot just be- low the knee, causing a severé and painful wound that disabled him for a' year and prevented him from seelng further service. March 15, 1865, he was brevetted major gen- eral of volunteers for gallantry before At- lanta. The war over, he resumed his law practice at New Albany, forming a partnership with Judge Butler. In 1866 he was mominated for congress by his party, but the district being 50 heavily democratic, he was: defeated. APPOINTED TO THE BENCH. Tn 1867 e became finamcial agent for his state in- New York, and in 1869 President Grant, who ever had for him.a warm per- sonal regard, offered Gemeral Gresham the collectorship of the port of New Orleans; which, however, he declined. The president then urged upon him the district attorney- ship of Indiana, but as General Gresham had been endeavoring to secure this office for a friend, he respectfully refused to con- sider it for himself. Whén, however, in December, 1869, the President invited him to become United' States district judge for In- diana, General Gresham gracefully accepted and for nearly thirteen years presided on the bench. In April, 1882, on the death of Postmaster General Howe, President Arthur invited Judge Gresham to leave the bench and ac- cept a seat in his cabinet as postmaster gen- eral. For a little over two years Judge Gres- ham held this important position, the most conspicuous act of his administration being the determined fight he made on the Louis- iana lottery people, his recommendation to congress being largely instrumental in the passage of the bill excluding all lottery mat- ter from the United States malls. In July, 1884, on the deAth of Secretary Folger, Judge Gresham was transferred to the treasury portfolio, but this office he re- signed in a few months to aceept the position of United States judge for the Seventh judi- clal district, made vacant by the retirement of Judge Drummond of Chicago. Perhaps the most celebrated instance of his moral courage on the bench was displayed in 1886, when the famous Wabash cgse, in which Jay Gould and his myrmidons were de:ply inter- ested, was reviewed in his court. On this oc- casion the Wall street wizard, who had been milking the Wabash system for milllons, and had finally effected a big cgup by wrecking the consolidated roads and gotting his own creature appointed as receiver, experienced a severe setback from Judgo Gresham, who or- dered Gould's recelver dispossessed and ap- pointed in his stead a man who would deal fairly and equitably with the creditors of the company. In the republican convention of 1888, held in this city, the friends of, Judge Gresham made galant efforts to secure him the nomi- nation for president. When the national committee of the peo- ple's independent party met in Omaha he was one of the men prominently mentioned for the presidential nomination, and had he been willing to accept could undoubtedly have se- cured the nomination. A committee waited on him to ascertain his views and he abso- lutely declined. When Cleveland was elected the last time he was tendered and accepted the position of secratary of state, which he held at the time of his death. WORK IN THE STATE DEPARTMENT. As secretary of state In'the present ad- ministration, Mr. Gresham /has had to deal with perhaps more vexatiops, Intricate and delicate diplomatie affairs than has fallen to the share of most secretaries.of state. His treatment of these wag marked by the strong individuality which was part: of the man. Perhaps from his long judielal experience he was disposed to vicw ewefy question from. the standpoint of exact and equal justice. To him it made little differemce how any line of action promised to affect his» own country, he could and did disabuse hi® mind of any personal feeling I~ degling with an inter- national question, andgtha first consideration with him was always absolute fairness. Secretary Gresham _found 'much to dis- satisfy him with the state of~our official re- lations when he assumed offices the last time, and in his charactetristic fashion he set to work to shape these to mzet his own ideas without delay. This brought him face to face with the great question of .the hour at that time—the annexation of Hawa#l. He had de- cided views on this matter, even before he came into the cabinet, amd it: was upon his recommendation that President Cleveland performed almost bis fwst official act by Wwithdrawing from the semate, where It was pending, the annexation treaty negotiated by Secretary Foster. Then Mr. Blount was sent to the island republic to make an origi- nal investigation, ‘and upon his report the secretary made his now eelebrated recom- mendation that the queen be restored, inas- much as she had bgen deposed by the acts of officers of the United State While he was deep In the Hawailan nego- tiation, Secretary Gresham was suddenly obliged to give attention to the Bering sea fisheries. The arbitration arranged by his predecessor was in_full swing. Here was another matter with which he was not in harmony. He did mot beleve that the arbi- tration would be “succesaful in the object almed at by the United States. It was only by an exhibition of all the mzwv his character and purpose that he ed in hurrying through the British Parliament an act to give effect to the arbitration and then securing the adoption of regulations to keep off the poachers, He was married in 1858 to Miss MeGrain of Corydon, Ind., and two ehildren, a son and & daughter, have been born to them, Oheyenne County Farmer Instantly Killed While Riding Over ths Prairie. TROUBLE WAS OVER AN IRRIGATING DITCH Shot In the Hack with Buckshot by a Nelghbor Hidden in the Bushes Who Afterwards Gives Himselt Up. SIDNEY, Neb., May 27.—(Special Tele- gram.)—Last evening at 7 o'clock Robert F. Fawcus was brutally murdered at his ranch five miles west of Camp Clarke and fifty miles northwest of Sidney in Cheyenne county, by F. W. Bozarth, a neighboring ranchman. Frark Lipsky, a boy employed by Fawcus, was driving some cattle down to the lake to water and Fawcus came out on horseback to examine them. Just a quarter of a mile east of the house Fawcus was shot in the back, falling from his horse immediately. The murderer was concealed behind a clump of sagebrush and was recognized by Lipsky. Mounting his horse Bozarth drove to his home immediately, two miles away, threw the shotgun by the side of his cabin and told his brother-in-law that he was going to Sidney to give himself up. He arrived here at 2:30 this morning, and In company with Judge Helst, his attorney, he went to Sheriff Daugherty's house, contiguous to the jail, and told the sheriff he had killed Fawcus on account. of sometrouble over an irrigating ditch, A. Fisterman, who is in the employ of cus, says that on Wednesday last Bozarth made a threat that the first man who opened the headgate he would bore full of holes. Several other witnesses heard the remark. It seems that the ditch was built by a joint stock conipany known as the Chimney Rock Canal company. Fawcus owned elght water rights and Bozarth three. No one can in terfere with the headgate but Henry Randall the general manager, and he turns in water enough for all. Fawcus had never beer known to touch the gate. 1In fact, he had instructed his men to keep their hands off, and to see Randall whenever the water supply was in- sufficient. When Fawcus returned on Satur- day from the sand hills, whither he had been about a week hunting some horses that had strayed away from his ranche, and heard the threats which Bozarth had uttered, he sald he didn't think he would do it, as they had always been friendly, and that he had always loaned Bozarth anything about the place that was asked for, Jack Crittenden, the. precinct constable, was at the Fawcus ranche visiting with his Wife, a3” on hearing the shots jumped on hi went iii-the direction the shots hors ) were fired, and arrived ai fawcus' side just werds were, as he was expiring. His last “Jack, look after the things.” 5 The shots were fired from a breech-loading shotgun, and both shills were loaded with buckshot, showing premeditation on the part of the murderer. The deceased was well known throughout the county. He was a liberal, wholesouled fellow, In_excellent circumstances, and be- loved by all. He was 31 years of age, single and a member of Gering lodge of Free and Accepted Masons. He settled here nine years ago, ‘coming direct from his native home in England. He expected to sail on June 11 tor England to visit his aged parents. Bozarth is 25 years old, a single man, medium build, and welghs about 140 pounds. He_ will say nothing about the crime, Coroner Burger has started for the scene in company with Dr. A. D. Stowitts, the county physiclan, and will bring the body here for burlal, and ultimately ship the re- mains to England. Fuller details will be brought. out at the examination. Indignation runs very high here, and it js hard to foretell what the corsequences will be when the north country b:comes fully aroused. PITC ED BATTL AR WALCOTT Four Men Wounded and Two of Them May Die, RED CLIFF, Colo., May 27.—The first open rupture in the much talked of sheep and cattle men's war in Routt county has occurred and four men are badly wounded, two of whom may die of their injuries. The news was brought by a messenger who came for medical assistance. The messenger could give but few details of the affair. The fol lowing are the casualties resulting from it William Matna, long gash on forehead and cut in the ribs with a knife. Alex Winslow, cut behind the left ear ranging downward; also cut across the neck nearly severing the artery windpipe. Tom Dice, cut on back of the neck and badly beaten over the eyes. John Winslow, cut several times in the back with a heavy knife. The scene of the encounter was at a point twenty miles above Wolcott, on the Sheep horn.” Wolcott is a station on the Denver & Rlo Grande railway and is the starting point for stages running to Steamboat Springs, eighty miles north. For several days a collision between sheepmen and cat- tlemen has been expected. The bitterness between the two factions has been growing and the feeling i so intense that fighting 18 expected at many points. The trouble between the sheepmen and cattlemen is the same that caused so much trouble in western Colorado last year. The sheepmen, principally from Montana and Wyoming, insist on driving their herds through Routt county as far south as Wol- cott, where they expect to ship the sheep by rail to eastern markets. The cattlemen oppose this drive, saying it is only a ruse to get the sheep into Routt county for graz- ing purposes. Last week the cattlemen, 330 in number, met at Steamboat Springs and unanimously resolved to keep the shespmen out, if necessary by forc A report reached here today to the effect that a conflict has taken place between cat tlemen and sheepmen in Routt county, a few miles west of Steamboat Springs, in which two cattlemen were killed and six wounded Fifty-four thousand sheep are accompanied by nineteen wagons, each carrying from four Discomforts in the Streets Forgotten In Thoughts of the Fields Outside. Yesterday's gale in Omaha from the south recalled the hot south wind that pre- vailed for four days last July. It was by no means so hot a wind, but it kept the streets full of dust, that found its way under window sills and doors into houses, and trees and grass seemed to suffer, for they drooped Discomforts in the city, however, were held at naught, provided the blow was not worse and doing damage to crops out in the state. Telegrams at the headquarters showed that it was general over the state and considerable anxiety was caused Among those who were in Omaha last evening and who had been traveling through the central and eastern parts of the state in the day were Matt Daugherty of Ogal- alla, John Peters of Alblon and President Barnes of the Steate Board of Agriculture of Grand Island. These men were careful to observe the effect the wind was causing and they say that, so far as their observa- tion went, it s not yet serlous and by no means alarming. Mr. Daugherty says that in the west of Kearney rain is badly needed, and the wind, if it continues, may cause much damage. All say that in the central and ecastern portions of Nebraska crops are 50 vigorous and so well rooted that no ap- prehension need be felt even if the wind continues for a day. Corn in these sections, it is admitted, will be safe even two weeks without rain, but the recent frosts have nipped oats and wheat, and for these rain is_generally needed. For some time in the city yesterday the wind came at the rate of thirty-six miles per hour. With jts burden of dust it was avoided by all whose business and errands did not compel them to be on the streets. CORN ©OAN STAND 1EAT Warm Wind In Some Sections Not at All Alarming. THE ASHLAND, Neb., May 27.—(Speclal Tele- gram.)—A strong wind ralsed with the sun here today from the south, and at 9 a. m. became very strong and hot at intervals, continuing all day. The dust was so terrible that at times one could hardly see a block away. Trees and limbs were blown down by the strong gusts of wind. Farmers from over the country today report small grain to be badly in need of rain, and should the wind continue a day or two longer without rain the crops of oats and wheat will be materially diminished. As to corn, 1t can stand considerable yet, but i8 in need of a soaking rain. Should 'one come within two weeks it will meet all the needs of a good crop so far. STROMSBURG, Neb., May 27.—(Special Telegram.)—A terrific wind has been blow- ing from the southwest since early this morning. The air is literally filled "with sand and dust. Small grain is in a pre- carous _condition. NELSON, Neb. Tele- , May 27.—(Special gram. y heavy wind and dust storm has prevailed from the south for the past wenty-four hours. Old settlers say it has been 6ne ©of the worst storms ever known here at this—sime of the year. There has been no rain to &peak of this month, Un less rain comes withfi2 few days small grain will be greatly injurdth. BEAVER CITY, Neb., May 2¥=c(Special Telegram.)—Hot winds have blown from ~w& southwest all day and small grain has suffered. OAKLAND, Neb., May 27.—(Special)— Up to date crops look well, though rain is badly meeded. HASTINGS, May 27.—(Special Telegram.) —A heavy, dry, hot wind has been blowing here all day. It carried with it a perfect cloud of dust and sand, NEBRASKA CITY, May 27.—(Special Te gram.)—A heavy, hot wind, partaking at times almost the nature of a hurricane, pre vailed here all day. with dust and sand have suffered some. ily save crops. DAVID CITY, The air was filled and crops and fruit A good rain will eas Neb. , May (Spec A wind and dust storm struck the town this morning, branches were broken from trees, ond the streets are filled with dust that the city sprinklers cannot control, while in the country the dust from the flelds makes farming operation Impossible, VERDON, Neb., May 27.—(Special)—A gale i blowing from the south tolay, filling the air with a cloud of dust, and the hot air is scorching everything. An alarm of fire was given this morning, but proved to be only an outbuilding belonging to the butcher shop, and was soon extinguished WATERLOO, Neb., May 27.—(Special)—A heavy wind and dust storm visited this place this morning, blowing down several large trees. In spite of the very unfavorable weather we have been getting for the past two weeks our crops look fine and the outlook at pres ent for the coming season is very bright, the late frosts doing little or no damage. Po- tatoes fared the worst, but outside of putting them back a week or two they are none the worse for the nipping. FALLS CITY, Neb, 27.—(Special)—A hot wind from the south commenced blowing at the rate of sixty miles an hour this morn- ing and continued up to noon. This com- munity has had no rain for the last three weeks, and should the present hot wind con- tinue many days without rain, crops will be a failure in this county. BEATRICE Special Telegram,)— A heavy wind from the south has prevailed here throughout the day. A number of shade trees were blown down about this city. The wind has resulted quite seriously to small grain LINCOLN, May 27.—(Special Telegram.)- A terrible wind storm has p led all day and bids fair to continue at least till morn ing. Large limbs were stripped from trees in the capitol grounds. Quite a large tree was blown down tonight on street, near the Lindell hotel. The wind is in the nature of a_simoon. WYMORE, Neb., May 27.—(Special Tele gram.)—Business has been practically penled today on account of the terrifiic wind and dust storm which has prevailed all day. It was a hazardous undertaking for pedes trians to appear on the streets. Trees were blown down and other damage done. HEBRON, Neb, May 27.—(Speclal Tele gram.)—A terrific wind and dust storm blow ing from the south at a velocity of forty-five miles per hour has prevaled all day, and it appears to be Increasing. Small buildings to six men, are being driven through the country to Wolcott. DENVER, May 27.—J. €. Edwards, the owner of 40,000 sheep in Routt county, ap- peeled to Governor Mclntyre today for pro- tection for his property, which the cattlemen promise to slaughter, and“the question brings ;m(ure the chief executive a difficult sub- ect. Mr. Edwards says he has tried to settle the controversy amicably. He s an old resi- dent of Colorado and a heavy taxpayer and aims the right to drive his property wher- ever necessary. He wants to drive his flocks through the “lower part of Routt county, until a shipping point on the Rio Grande railroad can be reached and has promised the cattlemen that no damage shall be done to the range or ranch property. He has proposed to the objectors that they shall select the trail the sheep shall take, but they have demurred and have called another meet- ing to assemble at McCoy's, Garfield county this week to organize for resistance, Ed- wards asks the governor to attend this meeting and argue for moderation and recog- nition of the rights of the sheep grower. What stand Governor Mclntyre will take is a question which is causing some specula- tion at the capital. It Is regarded as a foregone conclusion that the local authori ties of the counties affected will be unable to stay the hands of the cattlemen when they start to keep out the intruders, and if military ald is not invoked Edwards will bave a cause of legal action for damage against the state. ~ e ST A Seventeen Passenger Conductors Fired. COLUMBUS, 0., May 27.—Seventeen pas senger conductors on the Baltimore & Ohio lines west of the Ohio river were discharged Three are Columbus men. The others run into Chicago, Sandueky and Wheeling. The men here boarded at hotels. Spotters arc sald o have been working on the road re- cently. have been damaged. The wind has whipped corn and other grain considerably, and some flelds have been damaged Damnge in fown, MALVERN, Ia., May 27.—(Special Tele. gram.)—Clouds of dust and a dry, hot wind from the south all day made life a burden here. A large quantity of fruit was blown from the trees. Rain fs badly noeded SIOUX CITY, May 27.—(Special Telegram.) Between 10 and 12 o'clock today the ther mometer rose from 62 to 98 degrees. A hot wind is blowing at the rate of forty-five miles an hour. Chief Byrnes Retired. NEW YORK, May 27.-Pclice 1perin tendent Byrnes has made application to the Board of Police Commissioners for retire- ment. The hoard granted the request. In executive session“of the board Com- missioner Parker #aid that he had spoken to Chief Byrnes and that the chief had sald that if in the opinion of the board the de partment could be better served by his re tirement than by hie continuance in office he would feel it his duty not the board by continuing his would hand in his application ment “Mr. Byrues, to embarrass presence, for but retire. d Mr. P continu stated that to me not only on one o but several times, and in conformity that statement and with the spirit the plication for retirement by the board has been submitied.” The application was placed before the board for action and it was unanimously accepted Inkpoctor Peter Conlin has beed made act ing chiet of police. Captains M. W. € right, Brooks and McCullagh were: appointel ecling inspeclors, . Prosbyterian Assembfy Will Outdo Itself in Its Aoniversary Year, PLANS FOR RAISING IT ALREADY FORMED Twenty-Five Men Appolnted to Taki Charge of the Reanlon Fand—Recep- tlon of Polygamous Converts in Indin the Cuuse of n Tangle. PITTSBURG, May 27.—During the devo- tional services before the opening of the Presbyterfan general assembly on the last day of its session it was stated that the meetings had been to the spiritual ade vantage of the city. The early hours of the session were devoted to miscellancous busi- ness of minor importance to clear up the docket previous to adjourning. The most Important matter was the ane nouncement of the names of those selected for the committee of twenty-five charged with the raising of the $1,000,000 anni versary reunfon fund as follows: Ministers—W. L. McEwan, Pittsburg; John Hall, New York; Samuel N. Nichols, St. Louls; Willlam A. Page, Leavenwort William H. Hubbard, Auburn; M. D. Bab- cock, Baltimore; Howard Duffield, New York; ge D. Baker, Philadelphia; Simon B. McPherson, Chicago; John N. Freeman, Denver; Thomas L. Sexton, D.D., synodical missionary of Nebraska; John Hemphill, San Francisco; Wallace Radcliffe, Washing= ton; W. S. Hubbell, Buffalo; Willam H. Roberts, Philadelphia (treasurer.) Elders—James A, Beaver, Pennsylvaniag Charles Green of New Jersey; J. W. Converse, Philadelphia; H. B. Silliman, Cohoes, N. Y.; John Sloan, New York City; Willlam Ernest, Covington, Ky.; E. § Perking, Cleveland; Robert Pitcairn, Plttss burg; Willlam B. Ladd, Portland, Ore,, and H Hubbell, Minneapolis. he members of the=committee present im Pittsburg immediately retired to hold a pre= lin inary meeting and to formulate plans for the prosecution of their work. The most glorious parliamentary tangle of the whole series of sessions of the assembly came in connection with a report of the committee on church polity on the reception of p converts in" Indla. The committe mended an_answer to the overture of the synod of India, which amounted to ‘“no action.” Vigorous resistance was offered by Rev. Robert Morrison of the presbytery of Lodiana, Indla, and the sympathy which he arcused started a stream of motions, amend= ments, points of order and questions for in= formation, in which the moderator almost lost his feet. The only escape from the difilculty was through one more motion to lay ail previous motions on the table and to ‘start anew. As a final resort after another tangle of a similar sort the matter was referred back to the committee for further report, The question was one of local eccleslastical policy. The order of the day was then being reports on synodical minutes. The heuse immediately began to thin out, and Gonrdusion and conversation reigned. 1t was scarcely pesiible to hear the stereotyped reply that “thd~co¥wnitiee on the minutes report that they are T Orwer—alld Tecoms mend their approval.” ADDED TO THE COMMITTEE. At the afternoon session the number of the committee on the million-dollar fund was increased to thirty, and the following names were added to those previously announced: Ministers—Hiram C. Haylen, Cleveland; Wil son €. Sexton, Detroit; Willlam McKibben, Cneinnati, Elders—George D. Dayton of Minnesota and W. Coutter of Cedar Rapids. e ascembly joined in the request of the recoms aken up, committee that Dr. Arthur J. Brown, the newly elected secretary of the Board of For- eign Missions, be assigned in the work of tho committee for a term of six months, if such assignment be agreeable to him. A telegram was read stating that the churches of Missourl would pledge them= sclves for $5,000 toward the expenses of the new home missionaries. At the request of the United Presbyterian synod, a committee consisting of Dr. How- ard Duffield of New York, Dr. E. R. Craven and Elder George Junkin of Philadelphia was appointed to assiet in the preparation of a new edition of the psalms by compilation and otherwise. The committee on mileage reported the receipts for the present meeting of the assembly amounted to $59,673; expenses were $48,870, leaving a surplus of $10,803, The assessment on the churches for the next year was fixed at 7 cents per member. The remainder of the morning session was evoted to minor matters of routine business incident to the closing hours of the assembly, which were railroaded through by the stated clerk in a most expeditions manner. The committee on the next place of meet= ing reported invitations had been recelved from the First church of Seattle, Wash., from the citizens of Dallas, Tex., and from the First church of Saratoga, It was recom= mended that Saratoga be selected and the recommendation was adopted, The final exercises consisted votes of thanks to tenled courtesies to gratulatory addresse in the usual all those who had ex= the assembly. Con= were made by Dr. Wil= liam L. sicEwan, chalrman of the entertain- ment committee, and Dr. Robert R. Booth, the moderator. In the course of his remarks Dr. Booth sald the assembly had shown won= derful self-restraint, and that it had placed the chureh upon ground where it would con= tinue to abide. After prayer by General Beaver and the benediction embly ad~ journed, belng dissolved by the announces ment of the moderator at 4:20. UNIT PRES KIAXN ASSEMULY Blair for Liquor Selling by & Lurge Vote PITTSBURG, May The first business of the United Presbyterian general a:s:mbly this morning was to take a vote on the appeal of of Lr, Sustain Dr. W. H. Blair from the first synod of the west of a conviction of selling liquor to In- temperate men_and young men. The vote resulted in the overwhelining defeat of the appeal and the decision of the synod now stands. The other appeals were heard and disposed of. They were those of J. H: Wale lace and J. G. Stewart of Monmouth, I, convicted of teaching at varlance with the churech, Stewart is a faith curist, Both appeals were defeated The report of th missions show o on frecdmen’s to be $74,980 an@ expenditures $75,638, leaving a balance of $242. The committee on Sunduy schools res ported enrollments during the which lacks only 2,507 of the total ¢ membership. The contributions were $50,017, The committee on narrative and state of re= ligion made a favorable report and a thanks= giving proclamation was adopted to be read by pastors when they read the president’s proclamation, It introduces the name of Christ The committee on young people's work pree sented a report showing an Increase in con= tributions, The junlor work bhas been especlally successful during the year, There 211 societies and 7,612 members. e Funeral Services for MoCulloch, WASHINGTON, Muy 27.—Funeral serve lees over the remains of ex-Sceretary Hugh McCulloch of the Treasury department were held at Rock Creek chureh this morning by Rey. Dr. Buck of the Rock Creek church, Rev. Alexander McKay Smith and Rev. Dr, Aspinwall. The ceremony was very simple, being only that of the Episcopal church, The lot In which the ex-secretary rests is very near that of Secretary Windom, Th pell bearers were old servants of the family, » Treasury department was represented by tant Secretary Hamlin Treasurer Morgan and Comptroller Eckels and Ai {sistant Trcasurer Jordan, who came from New York.