Omaha Daily Bee Newspaper, June 9, 1895, Page 3

J el _—— THE OMAHIA DAILY BEE JUNE 9, 1895. TARIFF LAW MADE CLEAR Opinion Handed Down in the Hardwick | Case Made Publio, WAITTEN BY CHIEF JUSTICE FULLER McKinley Bill Was Clearly Opsrative Up to the Time the Wilkon naure Actunlly Hecame of Full Foree nnd Effect. WASHINGTON, June 8.—Chiet Justice Ful- ler's opinion in the Burr and Hardwick case, fnvolving the dete which the present tariff law went into effect, which was announced on Monday last, but not read, was made pub- lic today. Discussing the contention that the law should have taken effect on the 1st instead of August 28, 1504, the chief justice sy, “Upon threshold we are met with the fact that the act of 1890 was not repealed in terms until August 28, 1804, and that the re- pealing section of the latter act kept in force every right and the ability of the gov ernment or of every person which has been tneurred or accrued prior to the passage thereof and thereby every right or labllity excepted out of the effects ought to be given to the first section. The right of the govern- ment to duties under the tariff law which ex- Isted between August 1 and August 28 was @ right accruing prior to the passage of the act of 1894, and the obligation of the im porters between August 1 and August 28 tc pay the duties on other goods under the ex isting tarift law was a liability under that law arising prior to the passage of the law of 1894; and it congress intended that sec- tion A should relate back to August 1, still the Intention Is quite as apparent that the act of 1890 should remain in full force and effect until tho passage of the new act on August 28 and that all acts, rights accrued and liabilities incurred under the earlier act prior to the repeal should be saved from the effect thereof, as to all parties interested, the United States Included. A higher rate was imposed on many articles by the act of 1894 than by the prior act and a lower rate on others, while some that were free were made dutiable, as for instance the article of sugar. Must duties paid between August 1 and Au- gust 28 be refunded where the rate was low ered and assessed where the rate was raised or a duty imposed where none existed? Clearly not.” Summing up, the chief justice says: “As the act of 1890 was not repealed by the act of 1594 until the latter act became a law when inconsistent laws were declared thereby repealed, we think it cannot be doubted that congress intended the rates of duty pre seribed by the act of 1894 to be levied on the 1st day of August if the biil should then be a law, and if not then as soon after that date as it should become a law. On the 1st day of August the duties prescribed by the first section of the act of 1594 could not be lawtully levied, and £o far as the importa- tions in this case are concerned and others similarly situated, the law required exaction of the duties prescribed by the act of 1890. As to such importations, the first section of the act of 1894 could not be literally carried out unless by hclding it to operate as a ret active repeal, nutwithstanding the saving clause, and this we consider altogether in dispensible. The language of section 1 was ‘that on and after August 1 there be levied,' and of the second section ‘that on and after August 1 certain enumerated articles shall be exempt from duty.’ In our judgment the word ‘shall’ spoke for the future, and was not intended to apply to transactions com- pleted when the act became a law.” m OF LAW Olney Kinishes Up His Labors There and Bid« Goodby to the Employes. WASHINGTON, June 8.—Attorney Gen- eral Olney was busy all day arranging his private papers and preparing for his trans- fer to the State department. There was no formal leavetaking, although most of the subordinates called at the department dur- ing the day to tender their regrets and wish him success at the head of the diplomatic branch of the government. His dutles as attorney general ceased tonight. His last official “action the old office was to sign A. Bergen to stant of TOOK LE\VE DEFARTMEN in the commissions of Benjamin San Francisco, appointed special ass the district attorney for northern California, to take charge of the litigation in the red- wood timber land entries, and Chauncey Wood of Rapid City, S. D., as assistant to the district attorney of that state in timber cases. Mr. Olney will be sworn in as secre- tary of state at the State department Mon- day morning, probably by Chief Justice Fuller. News for the Ar WASHINGTON, June 8.—(Special gram.)—Captain Marion P. Maus is trans terred from company I to company D, Cap- tain James S. Pettit from company D to company I, First infantry. Captain Henry B. Moon, recently. pro- moted from first lieutenant, vice McCaskey, premoted, fs assigned to company B, Twen: tieth infantry. First Lieutenant Edward R. Chrisman, re- cently promoted from second lieutenant, vice Moon, promoted, is assigned to company B, Twentleth infantry. Leave of absence is granted Major Charles Hobart, Fifteenth infantry, one month; Captain Charles A. P, Hatfield, Fourth cavalry, one month and fitteen days, and First LieutenantHoratio G. Sickel, adjutant, Seventh cavalry, fifteen days. Harsh Militury Methods in Cubn. WASHINGTON, June 8.—Coples of a proclamation by the governor of Baracoa, Cuba, that have been received here are being referred to by Cuban sympathizers as an evidence of the harsh military methods that the authorities have felt called upon to bear. Baracoa 1s one of the principal places of the island, The proclamation is dated May 13 and signed by Thomas Botgar, as colonel commanding the military of that jurisdiction. It notified the public that hereafter all persons are prohibited from entering or leav- ing the town after 6 o'clock at night and before 6 In the morning. Any one offending against the prohibition is to be arrested and brought before the commander. v. Tele- Chupman Will Take an Appeal. WASHINGTON, June S8.—Judge Shella- barger, attorney for Mr. Chapman, the recal- cltrant witness in the sugar investigation committee, sald it was his intention to appeal from the decision of the court of appeals of the District of Columbia denying a writ of prohibition asked for in Chapman's behalf, to the supreme court of the United States, but this could not be done until the court should reconvene next October. He stated that the principal reason for this course was to exhaus: all resources 50 as to be in a position to usk the supreme court for a writ of habeas corpus in case of conviction at the final trial. Mexicuns Relewss wo American Prisoner, WASHINGTON, June 8.—The Department of State Is In recelpt of a dispatch dated May 22, from Frank W. Roberts, United States consul at Nogales, Mex., saying that Fred Beckwith, an American citizen, who was im prisoned at Arispe, Mex., last January and was being held for trial, had been released. Let Out One Hundred Cloris. WASHINGTON, June 8.—Among the 100 clerks discharged from the pension bureau today in a reduction of the force was a grand- daughter of Frances Scott Key, the author of “The Star Spangled Banner.’ From her salary she supported her mother, who is 80 years old and blind. Examining Surzeon Appointed, WASHINGTON, June 8.—(Speclal Tele- gram.)—Dr. H. J. Wood was today appointed an examining surgeon for the pension bu- reau at Chamberlain and Dr. D. W. Evans at Flandreau, 8. D. Fik Creck's Postmnster. WASHINGTON, June S.—(Speclal Tele- gram.)—Alexander Dunbar was today com- ter at Elk Creek, and ‘at Kampeska, 8. D, | here, and instructed him to publish nothing which reflected upon the government, as it | might reflect upon his official position. substance of ther Mr. Thurston was seen in regard to the | | foregoing and admitted that it was subs | short time. CASTLE 18 TO SUCCEED THURSTON Friends of the Late Minister Indignant at Betrayal, SAN FRANCISCO, June 8.—The steamer Monowai arrived this afternoon, bringing the | following advices from Honolulu, dated June | 1: Willlam R. Castie has been appointed Ha- | minister at Washington in place of L. A. Thurston, He will not leave for his place until August 1. Mr. Castle was one of the commissioners sent to Washington to arrange for annexation as soon as the monarchy was overthrown. The following dispatch was sent from Honolulu under date of May 2: “The friends of Thurston are indignant be- cause they say he has been betrayed by an agent of the United press in Washington. He permitted that agent to real private corre- spondence from Honclulu for the purpose of making himself familiar with the situation Thureton's friends say the agent did not pub lish anything taken from the correspondence reflecting upon Cleveland, but he went di- rectly to Gresham and informed him that he had read at the Hawallan legation letters sent | to Thurston, and furnished Gresham with the tially correct. He declined to go into details saying he had made a report to his govern ment, which would be given to the press in This report would cover every thing relating to his recall. The following is the text of Mini er Hatch's letter to Minister Willis in answer to Secre- tary Gresham's letter: HATCH'S REPLY TO WILLIS. “DEPARTMENT OF FOREIGN AFFAIRS, HONOLULU, May 3, 1895.—Referring to our nterview of the 80th ultimo, in which you intimated that the president of the United ates would be pleased if the Hawallan m! fster at Washington should be recalled, for personal reasons, and upon which occasion you read to me dispatch from the secetary of state to yourself datel February 27, but which had been sent to Japan by mistake, I have the honor to in‘orm you that Mr. Thurs- ton in now in Hawail and will not return to the post of Hawalian minister at Washington. “I regret extremely that the presence in Washington of the late minister is not agreeable and that the matters referred to by the secretary of state should have been considered of such gravity as to call for the tion taken." Attorney Smith stated in relation to Seec- retary Gresham's letter to Mr. Willis of May 17, regarding the deportation of J. Cranston, that the statement in the letter that the only explanation made of the reason for de- porting Mr. Cranston was that it was “‘in the exercise of the arbitrary authority con- ferred by martial law,” is not correct. For, in addition to that reply to Mr. Will's, and in further reply to his inquiry as to the reason of the course pursued, he stated to Mr. Willis_that Mr. Cranston had been arrested and charged with conspiracy to overthrow the government; that Cranston, with others, had been engaged in a plot to use dynamite; that, though no charge had been made in court, the charge of conspiracy had been made and entered in the police records at the time of the arrest. Summary proceed- ings under the circumstances were deemed fustifiable, Henry L. Verliy sioner at this pla 24 Inst. The American League was addressed on the 29th inst. by Minister Thurston and Attorney Hatch, Attorney General Smith and W. N Armstrong, who all spoke strongly in favor of annexation. Thurston closed his remarks by stating: “To summ 1 am an an- nexationist, because 1 believe that greater progress can be achieved under this tha under any other system of government. The peonle of Hawall wll secure peace, the es- tablishment of western civilization 'and ma terial prosperity.” the French commis- , died suddenly on th CASTLE'S APPOINTMENT A SURPRISE State Departmont OMcials Fxpected Hast- Ings Would G the Place, WASHINGTON, June 8.—The designation of William R. Castle by the Hawalian govern- ment to succeed L. A. Thurston as minister to the United States came as a surprise. It had been rather generally presumed in Wash- Ington that Mr. Frank P. Hastings, who cime to Washington as secretary of legation and has acted as charge d'affaires since the returr of Minister Thurston, would be promoted to tion. Mr. Hastings is adapted for the iiplomatie career by h's training, which began as an attache of the Un'ted States State depart- ment in Washington, and he is an American by sympathy and education. He is, howeve a comparatively young man. There has beer suggestions advanced that the Hawaifan min ister of foreign affairs would be sent here tc represent the young republic. The appoint- ment of so Important a personage is possibly n account of the desire to kinile the senti ment_in favor of annexation, which the Ha wailan minister is doubtless' charged to en force, and which makes the position one o the greatest importance to the Hawaiian gov ernment. But for the particular interest which the Hawalian people feel in maintaining the most friendly feelings toward the United States it is not unlikely that the legation would have been left for a longer time officered by a charge, that being the ueual method of aliow- ing an international unpleasantness to hea! when a government does not wish to admit that its representative, who has been declare? persona non grata, e at fault. Mr. Castle is well remembered here as one of the commissioners who started for Wash ington as soon as the monarchy had been overthrown (n the fruitless attempt to secure nuexation. He has a wide acquaintance in congressional circles, male on that visit. He is a native of the islands, born of missionary stock. He is a lawyer by profession ani a large owner of real estate. Besides that he is one of the principal owners of the Oahu railway, which runs from Honolulu to Pearl harbor, the naval station granted to the United States by Kalakua. WILL AMEND HER CONSTITUTION. Mexlco Considering lmportant Tarlff and Coinage Reform WASHINGTON, June 8.—Advices from Mexico state that the Mexican congress, fol- lowing the suggestion of President Diaz in his last annual message, has been consider- ing Important changes in the federal consti- tution with a view to make it somewhat similar to that of the United Staes in the limitation of rights of separate states to coin money or to hinder commerce by tarift laws which discriminate against goods brought from adjoining states iu Aexico, Heretofore the federal government has not had the exclusive right to collect tariff taxes or international revenue. As a resuit both the federal government and the states have their separate laws on the same subject. Jealousy between states has led some of them to enact tarifft laws discriminating against neighboring state: President Diaz spoke strongly for a reform and comprefiensive revisions of the consti- tution have been presented accordingiy. The first articles of the constitution are changed s0 as to include a prohibition against the colnage of money or the issuance of paper bills or stamps by state. Tariff discrimina- tions between the states are prohibited by several strong provisions. Article 124 of the constitution is changed so as to give the federal government the excmusive right to hinder or prohibit the transportation of goods, foreign or domestic, brought into Mexico or into a state By a supplemental sectlon the law is made to take effect cne year trom July 1 next Whether the law embodying changes has passed its final stages is not clear from the information received here, although the leg- islation appears to be complete. e Arrangements for the Horr-Harver Debate CHICAGO, June 8.—Lyman G. Gage, ref- eree for Roswell G. Horr, and Howard S. Taylor, referee for Mr. W. H. Harvey, have practically agreed upon the essential points in the plans for the silver discussion to he held by those gentlemen, and the papers were mailed today to Mr. Horr at New York for his signature. The time is not definitely fixed, but the contest will begin about July 10. The plan provides for discussing a chap- ter of “Coin’s Financial School” at each session, said session being three hours in length and to continue daily unless otherwise agreed. There is nothing of the old-fas loned debate in the plan. There will be no speeches, but the contestants will face each other sitting, and when one afirms a proposi- tion the other will cross-examine by ques- tions, all to be taken down by a stenogr: pher and published dally in the papers and afterward put In book form for general dis- tribution at costs CHARGES OF INCOMPETENCY Story Told by One of the Survivors of the 111-Fated 8hip. COLIMA PASSENGERS KEPT PENNED UP w ck of the Steamer Might Have Re- sulted Less Disastrously to Life Had Her Oficers More Capable. Been SAN FRANCISCO, June 8.—Gus Rowan, one of the survivors of the Colima, has sent a communication to the Call, in which says: “I want to make a statement now if you will allow me to do so. You can find out what I say Is true it you will see the other men picked up. Some of them will not dare to tell the truth, as they have been promised money to keep still. “The Colima was lost because she badly handled by officers without capacity and bad men when the gale struck us. When I saw that the ship was going to sink I went after the life preservers and commenced to give them out to the The steward told me to let them alone and or dered me forward. 1 saved because 1 got a life preserver, and if the others had been allowed to get them, too, many would have baen saved with me “The passengers were kept penned up un- til the last moment and then made to go down in the ocean like a pack of dogs. If some of the passengers had killed the stew- ard, who kept them from getting salety, it would have been a mercy to the others In spite of what he told me I kept on giving out life preservers, and by this saved some of the people from death.” Rowan, who was badly injured In the wreck also, says that he did not recelve proper care on the San Juan and charges the surgeon of that ship witn gross negli- gence. As a result of testimony given at the fed- eral inquiry into the cause of the Colima disaster a number of suits for damages wili be brought against the Pacific Mail company. It Is alleged that the company was criminally negligent in the manner in which it loaded the ship. he was passengers. was SUITS FOR DAMAGES. The Chronicle this morning says: “Among those who will make the Pacific Mail de fend itself against a judgment for damages is L. R. Brewer, the wealthy planter, whose wife and three children went down on the Colima. His home is destroyed, his happi ness gone, and he is inspired by a bitterness which words can hardly express. He knows much of the methods of the Pacific Mail company and told the story of how the Colon, only a few months ago, narrowly escaped disaster because her decks were piled with lumber until she became top. heavy. Even a slight swell threw her fromn her position. Brewer was a passenger on the Colon and gives with great clearness his description of the inconvenience and danger created by the overloading of the decks. He is not alone in his charge, every accusation being corroborated by another who was a passenger on the same ship. The representatives of the Paclfic Mail know that an attempt will be made to hold them responsible for the wreck of the Co lima. They acted upon that knowlelge whe the United States inspectors of boilers and steamships began and practically finished their investigation of the disaster. Not one of the surviving passengers was called on as a witness in that nquiry. The only evidence asked and the only testimony received was from employes of the Pacific Mall company The fate of an estate valued at $100,000 is ilikely to rest on whether Prof. Harold Whit ing of the University of California, who was lost on the Colima, died before or after his wife, who was drowned on the same voyage. Just' before Prof. Whiting started on his fatal voyage he made two wills, which he mailed to an old college friend who is now an attorney at Cambridge, Mass. One was to the effect that if he should be drowned his cstate should go to the surviving mem- bers of his family. The other was that in case he and his wife and all the children were drowned the estate should revert to the members of his family living in the east. It Prof. Whiting died first his wife and hildren immediately became his heirs, but it Mrs. Whiting died later her heirs would inherit a small fortune to the exclusion of the heirs of Prof. Whiting in the east. Two perscns who said they were representa- tives of attorneys have called on A. J Sutherland and asked him some significant questions. Sutherland was on the same raft with Whiting and tried to save the pro fessor's life. Sutherland was asked whether Whiting or his wife died first. While the cool-headed survivor believes that Mrs. Whit- ng met her death some time before her hus- band sank into a watery grave, he could not positively answer the question, as he did not see Mrs. Whiting during the storm. - ¥ GREAT BENEFI11 GAVE DEMP New Yorkers Recelve a Big Bl in Return for ‘sistance Proffered the Nonparell, NEW YORK, June §.—The big amphithe- ater in the Madison Square Garden build- ing was thronged tonight by thousands of well wishers and admirers of the ex-nonpa- reil, Jack Dempsey. Among the spectators were some of the most noted sporting men in the United States, while among the pugi- lists who took part in the evening's enter- tainment were Jim Corbett, Bob Fitzsim- mcns, J. L. Sullivan, Peter Maher, George Dixon, Joe Choyn ki, Joe O'Donnell, Tommy Ryan, ‘Joe _Lannon, Jimmy ~Barry, Jim Handley, Mick Dunn, 'Juck McAuliffe, Kid LaVigne and Young Corbett. Charley and Jerry Barnett of New York gave a sparring exhibition of three rounds. “Jarrow,” the German strong boy, who is only 18 years old, and weighs 130 pounds, performed some startling feats of strength. After juggling with a barrel of water welghing 125 pounds, he lifted a man weigh- ing 20 pounds, seated on a chair, and then tore two packs of cards in half. orge Dixon of Boston and Jack of Philadelphia next came into the ring and the colored boxer m it very interesting for the Quaker during a three- bition, loe Choynski of San Fr and Bob Armstrong, colored, of Washington, next donned the gloves for a three-round exhibition. ~ Jim Hall and Mick Dunn, both of Australla, then sparred for three rounds in a lively manner. Harry Pidgeon of Chi- cago and Kid McCoy of Boston followed in a_three-round exhibition of boxing. Peter Maher, the Irish champion, and Burns of Harlem, boxed three rounds at a rapid rate. Johnny Young of Brooklyn and Jack Keefé of Denver, Colo,, were the next pair to ex- hibit thelr sparring abilities and they were followed by August W. Johnson of Brook- Iyn and Hialmer Lundin of Chicago. These two are well known “strong men,” and they toyed with huge dumbbells and heavy bar- rels for ten minutes. James J. Corbett then made his appear- ance and was greeted with thunders of ap- He sparred thee Tounds with John exhi- of Philadelphia His every move- ment was watched with the keenest inter. est by the sports, as he has begun training at Asbury Park. N. J., for his coming fight with Bob tzsimmons, Fitz was the next one to appear in the ring and his reception was just as hearty us that given to sparred three rounds with Frank Bosworth “orbett.” Fitzsimmons and he left no doubt in the minds of those who saw his quick work in the ring tonight that he had not gone back any and will render a good account of himself when he meets the champion. The last bout of the evening was between John L. Sullivan and Jack Demp: When the ex-champion appeared in the ring the crowd cheered for tev.ral minutes and thore were cries of h, speech. John made a short speech, in which he thanked the audience for the reception and sald he was glad to favor his old friend, Dempsey. He was sorry the house was not twice the size, so that a greater number could have come to swell the fund for Dempsey. Con- cluding, he said: will now give the by beens. “Mr. Dempsey and myself an exhibition, and we will do t we can, although we are two ‘has - Dea'h of the Oldest Locomotive Fnglaeer. CHARLESTON, W Va., June 8.—Rev. Ralph Swinburn, the oudest railroad engineer in the world, died last night, aged 90 years He was associated with Stephenson on the first_locomotive engine built. He was born at Newcastle-on-Tyne, England, and came to the United States in 1830. ———— Drowned I the Nishuoa, HARLAN, Ia., June 8.—(Special Telegram.) ~The 15-year-old son of J. H. Edwards of this city was drowned while bathing in the rlver, the W CRUSADE Womn Rescne League Claims it Leads Girls Into Immaorality, BOSTON, June 8.—~The Wean's Rescue league has adopted a resoluliomt timely In- terest declaring that the bicycle woman and the coming “mannish woman” are productive of “much harm and no real ighd to the in- dustrial and self-supporting women, who cre- ate 80 per cent of all the wealth in all the light manufacturing industrips f the country. These women are entitled to political recogni- tion by our lawmakers, bbcanée they help create the wealth of the naaldn, while the sporting woman,' the ‘manpish woman' and ‘bicycle woman' bring disgrace on the true woman." The league condemns beycle riding by | young girls and women for these reasons “Thirty per cent of the ‘fast girls’ that have come to the Rescue league for aid were bi- cycle riders at one time. It is resolved that since the closing of the houses of ill repute in Boston the sporting girls are taking to bieycle riding, because they can better ply their vocation on account of the opportuni- ties given as cyclists.” An appeal i made to the prominent clergy of the United States for the suppression of bieycle riding by young girls because of the tendency to encourage immorality. The league further condemns the coming “‘man- nish woman” as a “creature entirely useless | and an unnecessary evil in this country which should not be encouraged.' it FLEELS HIS D St KEENLY. Inspector McLaughlin Passes a Restless Night in the Tombs YORK, June 8. —~William MecLaugh- ate inspector of police and chief of the detective burcau of the metropolis, spent the night in the Tombs, a convict. The war and keepers felt keenly for the man the had known and looked up to in the days before diskonor came upon him, and they treated him with all kindness and courtesy possible under the circumstances. He was pale and nervous, and appeared in a state of collapse. He was-aseigned to a cell on the second tier in the old building. He walked up and down in his cell through the small hours, having no inclination either to re- tire or to rest. At intervals he would sit for a few minutes and then start up again, but no sleep came to his relief. Today Lc declined to see reporters or to make any statement. It is said by his friends and those who watched the course of the trial that he will never serve a day in a penal prison. o MO FOR INCOME T MISSIONS Several Persons Turn What the Decision Saved Them to Charitab'e Purposes. NEW YORK, June 8.—Rev. Dr. John Hall has contributed the $1,000 that his income tax might have been to the fund for home missions asked for by the assembly. It is sald many persons of wealth have thought of glving an amount of money equal to that saved by the death of the tax to charitable organizations. Rev. Mr. Langord, secretary of the forelgn and home missions of the Episcopaal church, sald today: “‘We received recently a letter from an anonymous con. tributor enclosing a sum of money. The donor stated the money was to have been used to pay his income tax, but that since the law had been declared unconstitutional he felt like giving the money to charity. Still more recently we recived a check for $1,000 from a lady In this city who is noted for her charity. She said that now since the in- come tax had become a d¢ad letter she felt able to make the bequest and hastened to dc 0. e At the Sioux Ealls University. SIOUX FALLS, §. D., June 8i—(Special.)— The board of trustees, eleven in number, of the Sioux Falls university, met yesterday Just before the graduating exercises of that school It was decided to ada a normal branch to the university, and Prof. S. L. Brown of this city was engaged as suverintendent of that department. This branch will be graded so high that a diploma of graduation from it will_entitle the holder to' a state teacher's certificate, the same as a diploma from a state normal chool. The trustees ordered much work in the way ok’ remodelling the building and announced that they were con deving plans of enlarging the school in the way of buildings and college work. The buildings will doubtless be built next year, and thereafter regular collegiate degrees wili bz conferred. The school Is now and has always been teaching only academic courses. The new board of trustees is composed of the following: Judge H. H. Kelth of Sioux Falls president; M. J. Lewis of Vermillion, treas urer; Rev. B. B. Merideth of Sloux Fails, sec- retary; Rev. T. M. Shanafelt of Huron, Rev. Jacob ‘Olson of Lake Preston, George More- house of Brookings, John Sutherland of Plerre, R. N. Van Doren of Vermillion, A. Uline of Dell Rapids, C. E. McKinney and J. G. Bddy of Sioux Falls. - Court Declined to Interfere, TOPEKA, Kan., June 8—The supreme court refused to order Governor Morrill to reinstate Senator Householder, who was sus- pended, pending an investigation. This in- dicates’ that the court will decide lkewise in the effort to restore Senator Rogers as re- gent of the State university. The court also decided that the auditor of state need not audit Warden Chase's ac- counts. This would put Chase without means to run the penitentiary were there not receipts from the mines and other sources. mda Mining Company. SALT LAKE, June 8.—A special to the Herald from Butte, Mont., says: The first step in the reorganization of the Big Ana- conda Mining company was taken today in the filing of articles of incorporation of the Anaconda Copper company, with a capital stock of $30,000,000 divided into 800,000 shares of $100 each. The object of the re- organization Is to place the stock of the company on the market. A Movements of Ocean Steamers At New York—Arrived—New Southampton. At Southampton—The United cruisers Columbia and New York today for the Baitic, in order to take part with the San Francisco and Marblehead in the ceremonies attending the opening of the Baltic and North sea canal. At San Francisco—Arrived—Monowal, from Sydney and Honolulu, At New York—Arrived—La Touraine, trom Havre; Phoenician, from Hamburg. War on the Whisky Trust Receiver, PEORIA, June 8.—Fleischmann & Co. of Cincinnati have notified Receiver McNulta that they will receive no more yeast from the Riverdale distillery after July 1, and the receiver in turn has notified Nelson Morris to have all his cattle cut by that time. e e John A, Forepauzh Bend, PHILADELPHIA, June' 8.—John A. Fore- paugh, owner and managér 0f Forepaugh's theater, died at his home in,this city this afternoon. The deceaseqd was well known throughout the entire coyntry, ——— Traln Backed Into a street Car, STREATOR, I, Junei8~A Chicago & Alton freight train backed intb a trolley car on the street and killed./Dhomas Hardee, caloon keeper, and S. M Porter, an aged farmer. Reorganizing Ana June 8, York, from States salled e WEATHER FORECAST, showers, Cooler and Northwesterly Winds for Nebraslw. ON, June 8.—The forecast for WASHING! Sunday is For Nebraska—Showets} westerly winds, For lowa—Showers; coaler; northwesterly winds. For winds. For South Dakota—Fair; extreme western portion, For Kansas—Showers; winds, cooler; north- Migsouri—Showers; cooler; variable warmer in the cooler; westerly Local Record. OFFICE OF THE WEATH OMAHA, June 8.—Omaha record of tem: perature’ and rainfall compared with the corresponding day of the past four years: . 1894, 1593 1592 5 5 n W’ 2 R BUREAU, Maximum temperature M im temperature. . Average temperature..... Precipltation . W 00 00 .00 Coudition of ‘temperature and precipita- tion at Omaha for the day and since March 1, 1895: Normal temperatur Excess for the day Accumulated excess sinde March Normal precipitation.. Deficlency for the day Total precipitation since March i, §24 inches Deficlency siuce March 1. 8.88 Inches 78 ONE POINT IN CONTROVERSY Principal Question Now Whether the Short Line Has One or Two Receivers, STOREY MAKES THE CLOSING ARGUMENT ©la s the Appolntment of n Second Ke- celver Would Defent the Plans of the Trast Company—Opin- lon Expected Monduy, SALT LAKE, June 8.—(Special Telegram.) —The three days arguments in the Oregon Short Line receivership case were continued before Judge Merritt today and the court an- nounced that a decision would be rendered Monday morning at 9:30. Those who have attended the hearing and closely watched the case were of the opinion that the court would confirm the appointment of Egan and appoint a joint receiver. This bellef was strengthened this afternoon, when Judge Mer- ritt called the counsel for both sides before him in chambers and asked them ‘to agree upon some one for joint receiver. 1t is stated that the attorneys of the Union Pacific presented the name of W. H. Ban croft, now superintendent of the Mountain division of the Union Pacific. The attorneys of the American Loan and Trust company ab- they would withdraw their app.ication from the Utah court and refuse to take that part of the system. Notwithstanding this threat it is believed the court will appoint a joint receiver and Mr. Bancroft will be the man. A very interesting feature of the situation is the fact that upon admission of Utah to statehood next winter, the new state must come under the jurisdiction of either Judge Gilbert or Judge Sanborn, and their orders would then be extended over the Utah lines. It is believed that the Trust company will be willing to submit to the inconvenience of operating the Short Line system without the Utah lines for the few months intervening, rather than accept a joint recelvership for the whole system. ONLY ONE DIFFERENCE. The case has been argued toa point where about the only difference between the con- tending parties seems to be whether there shall be cne or two receivers appointed. The Unfon Pacific still insists on an associated receiver, while the lcan company maintains that such appointment would defeat the whole purpose of the separate receivership because of the brief time which would be given to raise the money to be paid for the road until July 1. Mr. Storey, in continuing his argument this morning, insisted that the American Loan and Trust company's only purpose in the litigation was to put a man in charge of the Shcrt Line who would guard its in- terest in relation to other roads and not be on both sides of the same question. The company had only until July 1 in which to raise over $1,400,000 to meet defaulted in- terest on the first mortgages. The purpose of the other side was to secure modifications of the order so the loan company would have to go back to Judges Gilbert and San- born and cause delay, so there would be no time before July 1 to raise the money. He referred to the condition of the Oregon Railway and Navigation company, which had shown a loss of $750,000 and under a new receiver had within five months paid the interest and cleared the Indebtedness His success was because he was in closs contact with the patrons of the line. As to the appointment of Mr. Egan, he was a man against whom the Unlon Pacific could find no fault, and yet they ask fer an assoclate receiver. To appoint’ an associate receiver it will be a separation in name and not in fact, and would be extremely unfair. If the court should find Mr. Egan unsuitable it could remove him or associate another with him. We ask you to take him on trial and we will abide by the result. At this point the hearing closed. A ciston in the case is expected on Monday. de- ANNUAL MEETING OF OMAHA ROAD, 01d Board of Directors Re-Elected and the Usual Dividend beciared. ST. PAUL, June 8.—At the annual meeting of the Chicago, St. Paul, Minneapolis & Omaha railroad held today the following were re-elected directors for three years Albert Keep, C. Vanderbilt, Willlam K. Van- derbilt and H. McK. Twombly. The follow- ing officers were elected: President, M. Hughitt; vice president, treasurer and as- sistant, M. L. Sykes; assistant treasurer, S. 0. Howe; local treasurer at St. Paul, C. . Nash; secretary, B. B. Wood. Executive committee: M. Hughitt, A. Keep, C. M. Depew, C. Vanderbilt, M. L. Sykes, William K. Vanderbiit, D. P. Kimball. The Omaha company has agreed on terms of purchase of the property and franchise of the Superior Short Line company, which lat- ter company owns the lines and terminals on the Superior & Duluth that have been | used by the Omaha company hitherto. The Superior Short Line is a proprietary company of the Omaha, so that this transaction is simply an absorption by the parent com- pany. The Omaha declared a semi-annual dividend of 3% per cent on its preferred stock. At the annual meeting of the St. Paul & Sioux City railroad held today the following directors were chosen: M. Hughitt, C. Van- derbilt, A. Keep, M. L. Sykes, W. E. Winter, C. H. Bigelow, J. M. Whitnan, D. P. Kim- ball, J. B. Redfield, C. M. Depew, H. McK. Twombley, Thomas Wilson, E. B. Woodman, C. E. Simmons, William H. Newman. The following officers were elected: President, M. Hughitt; vice president, E. W. Winter; treasurer, M. L. Sykes; secretary, E. E. Woodman; assistant secretary, S. 0. Howe; assistant treasurer, C. P. Nash. Executive committee: M. Hughitt, A. Keep, M. L. Sykes, E. W. Winter, D. P. Kimball, C. M. Depew and Thomas Wilson. Kiudents Shot by m Tough. PRINCETON, N. J, June 8—Two stu- dents of Princeton college, Gerry Cohran, '98, and Fred Ohl, '98, were shot tonight in front of Anderson's restaurant by a negro named Jackson. Three shots were fired, all taking effect. Cohran's injuries are not serious, but Ohl is in a bad condition. The trouble originated in the negro blocking the sidewalk, and the students™ attempting to pass. The negro had a bad reputation in the town, and the feeling among the students has been aroused by his murderous attack The town officials were not slow to arrest Jackson and convey him to a place of safety outside the county. The students were kept in check by the college authorities. LA K lled by a Nataral Gas Explosion, PITTSBURG, June 8.—While drilling an ofl well on the McDonald farm near here today, a heavy flow of gas was struck at the depth of 1,000 feet. The drillers rushed to the boller to put out the fire, but the volume of gas exploded before they could get this done. Three men were thrown in the air and hor- ribly burned. John McLeod cannot recoyer. His brother, Edward, and W. R. Proctor are algo badly burned, but there is slight hope of their recovery. solutely refused to consider Bancroft or any | other person the opposition might suggest It the court appeinted a Union Pacific man | or any one else, as joint receiver, they de clared their whole purpose in applying for a separate receivership would be defeated, and intimated that, rather than submit to this | E AT THE BOYD, Truly there was a great artist amongst us at Boyd's last night. No matter from what standard of excellence he may be judged, or from what standard point of criticism, coms parative or otherwise, Mr. Eugene Ysaye, the Belgian virtuoso, as an artist, must be ac- counted one of the masterful spirits of his | time. The violin in his hands almost becomes a sentient being, 0 much of soul is vouch- safed 1t, and €0 wonderful is It played upon by the artist, who, but a litlte while ago, was known only to traveled foreigners, and these in very small numbers. Now the world is talking about him and marveling much at the greatness of this singer on the violin, His playing has every good quality that makes it beautiful and loveable to the lis- tener. His tones are pure, liquid in quality with a golden finish that appeal to the auditor, who breathless sits in expectancy for the new flights along the finger-board which are sure to come, and which seem fuller, completer than those preceding. No matt how coms | plicated are the rythmical figures, they are but insignificant barriers erccted by the great of earth for this Titan to encompass and to claim as his own. In addition to the brilliancy and transparency forever seen, his tones never suggest curtailment or small- ness, even though muted or stopped down. | They are entirely adequate, and wih the | plano thundering out a bravura passage, the | violin in Ysaye's hands accepts the lingering | tone of the orchestra substitute, and alone takes up the theme even on a single string, the audience -forgetting entirely in the won derufl quality of the violin string the clash of the piano wires but a moment before. This is art, and its exemplification as seen last night ‘at Boyd's by an audience large, in- tensely enthusiastic and representative in character. M. Ysaye possesses fn remarkable degree the secret of the bel canto. staccato particularly discernible in the down bow, and so eure is his intonation that one sits ‘and listens entranced to the master, who more than justified all the laudatory utter- ances which the west, as well as east, have <howered upon him. in the delicacy and fine shading of his notes, he suggests femininity, but coupled with this refincment of expression was a forceful strength intensely masculine, and so he played upon the senses as he willed, never descending to the theatric, al- ways the artist imbued with a profound love He has a superb for those whose compositions he chose to make known to his public. And these com- positions ranged from Grieg to Saint Saens, from Sarasate, his only great rival, to the greatest of all tone poets, Richard Wagn The Grieg number was brilliantly played with an artistic finish that won for the virtuoso instantaneous favor. Particularly was he heard at his very best in the allegro tranquillo blending finely with the allegro an- imato, the central theme being as predom- inant throughout as if two complete pictures were being exposed on the same canvas, one finally dissolving into the other. The B minor concerto, by Saint Seans, was a revela- tion to the audience, a well spring of joy to the violinists, and there were many in front who heard him. Had this Belgian searched through the entire world of violin music he could not have found two nobler works for interpretation than the ones referred to. A Bach and Wagner number came next, **Paise- fol” being played with consummate art, and s0 enthusiastic was the audlence that Ysaye granted the demand by playing the “Meister- singer von Numberg,w by Wagner, para- phrase by A. Wilhelmj. Herein were dis played the leading motives of the opera | singly and in combination with picturesque effect and striking art so wonderfully wrought out in major and minor chords by Wagner. Ysaye seemed to breathe the influences sur- sounding Wagner when writing this work, and he played the number as only the true artist can. For his closing he gave the sprightly composition by sate, ““Ziguener But the honors were not all Ysaye's by any means. A better accompznist than M. Lachaume has not been heard in Omaha He is a finished pianist, in szmpathy with the violin and the virtuoso, sad the audience was not glow to accord the planist warm ap- plause. His soli were splendidly played, showing fine and broad technique, the whole concert being in conscquence, educational to a degree. ——— AFFAIRS AT SOUTH OMAHA. ~entiment of the People Kegard of Bonds for n Park, Feeling seems to be divided regarding the voting of $65,000 in bonds to purchase a park. Some think that the taxes paid now are too high and that the city can worry along with- out a park for a while. They consider it nothing more or less than a speculation on the part of the South Omaha Land company. A few go %0 far as to assert that Mayor John- ston, who is agent for the company, is using his office as chief executive of the city to help it unload a lot of overvalued land upon the already burdened taxpayers. The other side, the men who own property in the First ward near Syndicate park, ail want the measure to go through, as they say it will increase the value of property in that vicinity and make business on Twenty-fourth street better. In evidence of their faith these men have raised enough moncy to de- fray the expenses of a special election, and the city will not be called upon to pay a cent for that purpose. The bonds, if voted, will run for a period of ten years and draw b per cent interest. The tax to each individual property holder would, in their estimation, be very light, in comparizon to" the beneft " de- riv, The outlook seems good for the voting of the bonds. g Voting Magle Uity Gossip. John Flynn has returned from the east. Mrs. Hartman left yesterday for a through Germany. Scott King and EN Doud went down the river fishing last evening. The Press club’s regular monthly meeting will be held next Tuesday afternoon at 4 o'clock. Fred Pearl returned yesterday afternoon from a week's trip to Madison, Wis., and Chicago. Residents of this city are pleased with the resolution of the Omaha city council ordering trip immediate repairs on the Sixteenth street viaduct, At noon members of Beechwood, Cedar- wood and Rosewood camps, Woodmen of the World, will meet at Twenty-fourth and L streets and form in procession and march to Omaha to attend the exercises in Hanscom park. At the First Methodist church day services will be held m. The children, render a good meeting at 7 p. children's today at 10:30 a. aided by the choir, will program. Epworth league m. Preaching by the pastor at 8 p. m. The church will be nicely dec- orated. The rite of baptism will be adminis- tered to children in the morning. el Four Girls Drowned While Bathing, DUBOIS, Pa., June 8.—Sadie and Dora Anthony, Sarah Rooth and Rosa Rimer were drowned today while bathing in Stump creek, near here. They were wading together when they sank in a deep hole. The four bodies were found together. The ages of the girls ranged from 14 to 17 years. AR VLD, Carlisle Speaks at Loulsville Wednesday LOUISVILLE, June 8.—A telegram re- cefved here today announces that Secretary Carlisle will _arrive here in time to speak next Wednesday night. He has not yet fully determined upon any other Kentucky date. A e Fxpelled & Boodle Councilman. FALLS, 8. D., June 8.—(Special Telegram.)—By a vote of eleven to one the city councll expelled _Alderman Josepa Si upson ‘or converting §166 of city funds to his own use. All members ex- cept Sampson voted 8101 for expulsion, AMUSEMENTS. Elaborate production of the merriest of all Burlesques, in B acts, Tuesday E....m.. Omaha Gent'emen IN THE OCAST. Tuneful Masie. Beautiful Costume: MUNYON HEMEDIS ALIVAYS (1R Save Docto With Remedies — No Experimenting—They Only ' Bills Munyon's re Yourself ever Fail Twenty-five Cents a Vial Always ter what medicines, get the latest and B you buy 38T, no mat especially when you buy What sane man would buy poor medicines when he Is sick? He wants the BEST. Munyon's Remedies are both cheap and good. They are the very latest discoveries in the heallng art. Don't fill your system with nauseous drugs. Don't be old fashioned, behind the times. Be up to date and buy the BEST and the latest— Munyon's Remedles. Get Munyon's “Guide to Health” and learn to cure yourself, It can be had FREE at any drug store, where the Munyon Remedies can also be had, mostly for 25 cents a vial. Those who are In doubt as to the nature of thelr disease should address Professor Munyon street, Philadelphia, giving full He will carefully dlagnose the case and give advice absolutely free. Remedies sent to any address on receipt of price, Rheumatism cured in from one to days. Dyspepsta and all stomach quickly relieved . 1605 Arch symptoms, three troubles Catarrh promptly cured. Coughs and colds quickly cured. ~ Heads che cured in five minutes. ervous dise s promptly cured. Kidney Troubles, Piles, Neuralgia, Asthma and all Female Complaints quickly cured. These Remedies are sold by all druggists, mostly for 2§ cents per vial. Munyon's Vitalizer imparts new life and vigor to and - debil tated men. Price $1.00. W. G. Kendrick of the Pennsylvania Ralls road company, Philadelphia, says: I waa cured of the most aggravied form of chronla catarrh by Munyon's Catarrh Cure. Had suffered for years and tried many doctors and all the advertised medicines. Tha first dose of Munyon's gave me a thousand dollars' worth of relief.” Ellis Bennett, proprietor Delaware fishing resort, Wolt Lake, I, writes: “For twenty months I had rheumatism so severely that T was a_complete cripple. Could n walk. The doctors all gave me up. sui I could never be any better. One 25-cent bottle of Munyon's Rheumatism Remedy cured me. Nothing like it.” Mrs. Margaret Brown, 20 Walsh Court, Chicago, 1s 76 years old and very feeble. She was selzed with bronchitis, which de- veloped into congest'on of the lungs. Her danghter says: “We thought she would die. She was so old and feeble. But Munyon's Remedies saved her life, and she is now quite well again. THOUSANDS MORE TESTIMONIE: P ——— A full line of MUNYON’S REMEDIES On hand. Mailed on recefpt of pric THE ALOE & PENFOLD €O, 1408 Farnam Street, Opposite Paxton Hotel, OMAHA. NEB. FREE. aide to Health nuine remedies KUIIN & co., Douglas, Omahia _ Ag noreceipt of pric ed OF JUST S8UI Munyon's ase of his with overy pure Fifteenth Al remedies n and ailed . AMU Gourtland Beach ow open for the season. THE RESORT OF THE WEST Tables furnished picnic partie LA BURNO, tight rope T and evening today. Balloon ascension and parachute jump at 3:30 and 7:45 o'clock today. Crand Concert Today 15t Infantry Neb. National Guards Bund, EMBNTS. Blondin's rformances su glives: afte <or, noon Sherman avenue cars now run on X TODAY, JUNE 9, First Grand Opan Air Promenade CONCERT and picnic by the Trilby Club At Hibbeler's Park, 44th and Leavenworth sts., on the Fair Ground road. The Swedish Singing soclety Norden, the prize winner will ging. Everybody invited. Tickets, 25c, COMMITTEE. How Do You Feel? Are you quite well? Do you ever have headache? 1s your hand steady? And Is your nerve steady? Do you sleep well nights? Are you always good natured? Are you strong sexually? Are you as good a man as you used to pew i Bt. It you can say YES to all of the above questions you do not need “NERVE FOOD PILLS. But If your answer is NO! you do need “Nerve Food Pills" and should send for them at orce. Price, $1.00 per box; six for $6.00. Sherman & McComnall Drag Co, 1513 DODGE ST., OMAHA, KINGSFORD'S 0 THE PERFECT COLD WATER STARCIT 18 A SAVER OF TIME, LABOR & MONEY. Z00 SOAP FPLOATS! JAS. 8. KIRK & CO., U. 8. A. TRADE MARK Chicheater's Euglisn Diamond lirans. ENNYROYAL PILLS ALL LAUGHTER—NO TEARS. Glven under the airection of J. EDGAR OWENS. Summer Prices: 75¢, 50c, 25¢. in tdiers by .| L7 oas T "'-"'-' iahegs