Omaha Daily Bee Newspaper, June 14, 1895, Page 1

> [ ESTABLIS. HED JUNE 19, 1871. OMAHA, FRIDA — — —— r MORNING, JUNE 14, 1895. | | b t i WHISKY TRUST KNUCKED 0UT Eupreme Court of Illinois Deals It Tts Death Blow, o 1 FINDING OF THE LOWER COURT AFFIRMED Under the Declsion the Distilleries In the Big Combine Will Be Sold and the more. president of the Distilling warranto had been expected, and that legal pro would be commenced by owners of the prop- by implication dened horized to own such property as lwh or carrying on its distillery business and GREENHUT PEORIA, June 18 WELL 13.—J. B. PLEASED. Greenhut, company, seemed to be very well his morning with the decision in the g case. He sald it was only w aedin the trust contends to that erty leased o same. to He gain all possess leases e: cuted to the trust are by decision null and The defendant is au- ecessary its powers to acquire and hold prop- erty are limited to that purpose.” ex- nd Cattlefeeding pleased MET WITH A FLAT REFUSAL no Answer of Manitob on the School Question Introduced in the Legislature, quo hat nge PRESENT SCHOOL SYSTEM SATISFACTORY " | Debate on the Resolution Will De Com- meneed Monday—Greenway Gove Affuirs of the Orgaulzation vold, and ehould the tockholders seek o sfamint BAS thie Vorss to b retain possession of the property, sults in 5 st ejectment will be brought against them Pass It Leases were for twenty-five years, and were o assigned by the old trust to the Distilling SPRINGFIELD, June 13.—The supreme | ani® Gaitloteeding company. There i 06| WINNIPEG, Man., June 13.—In the Mani- &ourt of Illinols today filed its opinion in the case of the people against the Distilling and | Cattlefceding company. The judgment of > 3 [ are entitled to. There 1s a question as to the | ting forth Manitoba’s reply to the Dominion ouster entered by the lower court is ;dfl”""' * | right of lessees to remove machinery from | government's demands that separate schools -‘r‘:.: ‘\?:.‘X’k‘y’ (41:1"«‘?“";;;:. r’:‘\‘l x:o‘;;;eyr:;k‘ll:‘»u distilieries, and on that the fight Will be | yould- again be established in Manitoba. It BT the coirt dave: e of the Peorla distillers are interested | 18 & direct refusel of the demand. The repl A ho intelligently considers the | the Feorganisation of the trust, ssys Mr. [1s in the form of a memorial addressed to No one who intelligently cor Greenhut, unless it be Walter Barker, who | his excellency, the governor general of Can- scheme of this trust as detailed in the infor- | i manager of Peoria distilleries appointed | ada, in council. It first recites the remedial mation can for a moment doubt that it was | by the receiver. Mr. enhut says the "“'..m'vr and’th ‘ b ”’\ he foll 5 = designed to be and was in fact & combina- | OTEanization committee now has nothing to OFUET ANC TASH SUBMY Wl adadtln il 5 tiou in restraint of trade; that it was organ- | Ferean He\saves the [oontrols otistiie |- cthele privieses; wiilci sby VERid s order 3 4 | plants will pass to the former owners, and | we are commanded to restore %o our fzed for the purpose cf getting control of | jitigation will tie up other proper Mr. | Roman Catholic fellow citizens, are sub- | the manufacture and sale of all distillery | Greenhut says independ. houses are doing | ganvially the same fokes '|‘>» § products <o as to stifie competition and to be | all the business, or nearly all of it, and [ ° LA el bt L A R able to dictate the amotnt manufactured and | Afe in shape to hold on to the trade in face | efjoved preyiously to the year 18%0. Com- § B he same should be sold, | Of keenest competiti Only two distilling | pliance with the terms of the order would the prices at which the same should be ' | and cattlefeeding houses are now being oper- | restore Catholic separate schools with no and that its effect Is to create or tend to|ated in Peoria, and they on a small scale, [ nove eqtistactory guarantees fi | y | more satisfactory guarantees for their effi- create a virtual monopoly in manufacture in | and Mr. Greenhut says they will both be ' the sale of products of that character. | closed in a few days. He does not think an- | clency than existed prior to the sald date TN eatlona) /DuFDONA: 16t Kudh jn organizes other combine like the Distilling and Cattle- The educational policy embodied in our R PURDOI L. = AniZas | geeding possibl because opposition has | present tutes was adopted after an exami- tion can be shown consistent with an inten- | 00 gre: grown too great. nation of the results of the policy thereto- tion to allow the business to run in its nor-| ~Walter Barker says the property of the | e o pollowed, under which the mal channels, to give competition its legiti- | Distilling and Cattlefeeding company 8 in~| pior %oy ne B n|:\ ”;"“ l\"'”r”-\lwmr“'- mate operation and to allow both production | the hands of the court, and it will pro- | yoqioreq) had oA ter R 2 | teet it, and prevent any one from taking _ G el or upward of nin and prices to be controlled by the natural in- | [ (o T FEEYERE B0V ORC ines who it | teen years. The said schools were found to fluence of supply and demand, and the re- | helongs to. ;'tl ineificlent As conducted under the sults as shown by the information were such TROUBLE 1S EXPECTED. wAtioh they did :‘u‘«’:‘("c:.'r\:“;iu””.‘:,':.‘“j’,:[' St (‘:ln::]lgilp::‘sg:;l(‘\:‘:fll:;‘"‘:lli')’ all the Settiteries | CHICAGO, Juno 13.—Recelver McNulta | effcient modern schools. Their conduct, man- Alla il b kL leries | spent the day in making warlike prepara- | agement and regulation were defective. As and nearly the entire distillery products of | jong that indicated that serious trouble was [a result of the leaving of a large section the United States, thus enabling it to dictate | cypected from the former owners of the |of the population wWith no better means of vrices and the amount of production, and | yryges distilleries. A large extra force of | education than was (hus supplied. many thus 10 draw to itself substantially the con- | joputy marshals was sworn during the | grew up in a sum:hd "”’“,'“,’Y‘P "_“.‘; ‘L‘;“_‘.{ trol of the distillery busines: of (e c-untry." | aficrnoon and distribu‘ed among the various | we are aware, there has never been an ai- The court cites a large nu showing combinations of a similar character that have been held iliegal in other states, among others the Match trust. The opinion continues: | “But it is urged that the defendart by its | charter is authorized to purchase and own Qistillery property, but that there is no limit placed upon the amount of property | which it may thus acquire. By its certifi- | tion it is authorized to en- reral distillery business in Illi- nois and elsewhere and to own property necessary for that purpose. It should be remembered that all powers in corporate charters are to be construed strictly and that what is not clearly given is by implica- tion denied. The defendant is authorized to own such property as is necessary for carry- ing on its distillery business and no more. its power to acquire and hold property is Jimited to that purpose and it has no power by its charter to enter upon a scheme of get- ting Into its hands and under its control all or substantially all the distilling plants and Qistillery business of the country for the pur pose of controlling production and prices, or crushing out competition, and of establishing virtual monopoly in that business. Such pur- poses are forelgn to the powers granted by charter. The acquisition of property to such an extent and for such purposes do not come within the authority to own property for the purpose of carrying on a general dis- tillery business. In acquiring distillery prop- erties in the manner and for the purpose shown in the information the defendant has not only misused and abused the powers granted by Its charter, but has usurped and exercised powers not implied by it, and which are whoily foreizn to that instrument.” RECEIVER M'NULTA TALKS. Receiver John McNulta was not inclined to discuss the Whisky trust decision, but asserted his intention to hold the trust prop- erty at any risk. The opinion had been ex- pressed that In the event of a decision such as was rendered today the trust's distilleries would revert to their original owners, some of whom had expressed the ntention of seiz- ing the plants. “I don’t think the decision will result in any immediate change of hands for the properties,”” Recefver McNulta sald, “for 1 Intend to hold to all that I have in charge as an officer of the court.” Deputy United States marshals have been on guard at the various distilleries for some time and sturdy resistance will no doubt be made to any attempt to seize the plants. Attorney General Maloney, speaking of the decision, eaid: “The supreme court prac tically holds that the Distilling and Cattle feeding company is a trust and that as such Judge Gibbons of Chicago did right in pro- nouncing a judgment of civil death against it. The supreme court also decided that the attorney general was right in his views of the law regarding the matter and that the Distilling and Cattlefeeding company is no more than a continuation of the old Distil- lers' Cattlefeeding trust. The decision,” he continued, “is one of the ablest opinions ever delivered by the supreme court of this state. In no uncertain language it sound: the death knell of trusts in this state for- which 1 cate of organ! gage in a ¥ ever. In every point on made a fight 1 was sustained.” Attorney Levy Mayer, representing the reorganization committee, regarded the de- cision as a victory. “We have been anxiously walting for this decision,”” he said, “and are highly pleased that it has come and come in the way of an afirmance. It removes all obatacles from the way of the reorganization committee and makes a reorganization now a matter of but a few days. Attorney Gen eral Moloney has done most excellent work ‘We were assoclated with him in the prepar: tion of the Information and took part in the early stages of the arguments before Judge Tulley. We saw in the proceeding the only dpportunity at the time of getting rid of th management of the officers in power. The effect of the decision is to deprive the com pany of the right to continue business. The statute, however, of this state makes ex press provisicn for just such a case as this 1t provides in language that the corporation shall continue its corporate capacity during the term of two years for the purpese of collecting the debts and claims due the cor poration and selling and conveying the prop erty and effects thereof. The law also pro- wvides that the corporation shall have the right to use its corporate name for the above purpose and that it shall be capable of prose- euting and defending all suits at law or Ia equity. Receiver McNulta has the right to temporarily continue the business until an advantageous sale can be made of the prop- erty. The supreme court decision makes a sale of the property which is now in the hands of the federal court recelver inevita- ble. It Is this sale for which the reorganiza tion committee has been striving with might d walp evar gnce Mr, Greenhut was re. the Fecelve Thefe ¢an now moved from t hip. be no successful filibustering or obstacles interposed to the sale of the property, so while our petition is and has been ready for geveral weeks we know nothing which more satisfactorily facilitates the purpose reorganization committee than the decis! just announced by the supreme court. T is tho groatest triumph thus far of the cc mittee.” ~ 3 ¢~ FITS THE PULLMAN CASE. * Attorney General Moloney in diseu sing the @ecision of the supreme court in the Whisky trust case eaid: “It Is plain also, from the language used by the supreme court in this case, that the Pullman Palace Car company Will meet with the same fate at the hands of this court that the Whisky ‘trust has met with, The supreme court has expressly de- eided that corporations organized under the laws of this state have only such express powers as are granted to them, and that thelr powers must be strictly construed, and all that is not given to them In express lan- guage 1s denled.” The words of the supreme court are: ‘It rhould be remembered that grauts of power 11 clause in the leases providing fo betterments at the expiration of life thereof, and removal lessces will be apt to demand all th plants. The receiver also received a st them as signals to be used in case the t phone wires ehould be cut at night. recefver refused to talk of probabilities trouble further than to say that he inten sed the : propel ere, was reported to have expre termination to regain control of t PEORIA, June 13.—Fifteen more deput all Peoria men, were sworn in this morn and will go on duty this afternoon at distilleries, making a force of gether now engaged in guarding the Pe distilleries. Bdward . one of company that leased the Manhattan to trust, says Mr nhut speaks for himi and not for other Peorians whose prop: passed into the possession of the trust. Easton M The first news of the decision was rece| by Mr. P. E. was evidently much pleased with the nouncement. He held a brief consulta with his attorney, and said that the dect | would make no difference with his immediate plans. His attorney was therefore illegally held. the ill health of Judge Edgerton, the a 9, when Judge Willlams Rock, Ark., will be helding court an interview, Benedict stated that nothing of the negotiations going on of here. state treasurer. He claimed to have jeopardize his rights or the property w he holds in this state. He declared t said he was in Chicago three weeks before day and he has returned to Pierre. = - — Japs Raptdiy Taxing Poisession HONG KONG, June 13,—The Japanes n Tai-Po-Ho-Fu in the island They are administering the customs porporate charters are to be construel trictly, and that what is uoi clearly givea 1s & trade |a resuwed. No further trouble i pected of sky rockets and supplied the deput es with thirty alto- Tler through The Bee and he went before Judge Edgerton On account s agreed to let the matter go over until Little he knew garding the surrender of the defaulting ex nothing in the Taylor matter which should was no truth in the statement that he went with his son-in-law and other relatives. Man e a peacelul occupation of Tam-Sul and of Formosa. of | { | toba legislature this afternoon, Attorney General Sixton gave notice of a motion set- | ey | ock | tempt made to defend these schools on their merits and we do not know of any ground upon which the expenditure of public money in_their support could be justified ‘“We are, therefore, compelled to respect- fully state to your excellency in council, that ele- The of ded to hold the distilleries at any cost and wished | we cannot accept the responsibility of car- to be prepared for emergencies. rying into effect the terms of the remedial The representatives of the reorganization | order. The reforms effected fn 1880 have committee and the receiver declarel that | given an !mpetus to educational work, but any attempt on the part of former owners of | the dufficulties which are inherent in our trust distilleries to repossess themselves of | circumstances have constantly to ba met, It the property would be useless. Despits this, | will be obvious that the establishment of a however, a force of thirty deputy marshals | set of Roman Catholic schools, followed by was held at the United States marchal's |a set of Anglican schools, and probabiy Man office in readiness to prevent any such ac- | nonite, Icelandic and other schools, would so tion. The old Shufeldt distillery was the | impalr our present m that any ap- plant at which trouble was expected, as |proach to even our present general gtandard Thomas Lynch, jr., one of the former own- | of efficiency wonld be quite‘impossible. We de- | contemplate the inauguration of such a state rty. | of affairs with very grave apprehcnsion. We fes; | have no hesitation in saying that there can- ning | not be suggested any measure which, to our minds, would more seriou velopment of our provine, COUNCIL POORLY INFORMED, the oria the the self erty Mr. order was made there was then rate information as to the former system of schools working We also b Easton is content with present arrangements | there was lacking the means of forming a and says litigation will be matter for {uture | correct judgment as to the effect upon the consideration. province of the changes Indicated in the order. The Willow Springs distillery of this city “Being impressed with this view, we re- 18 one of the institutions affected by the | spectfully submit that it is not yet too late decision and the news of the defeat of the | to make a full and deliberate investigation of trust was recelved with unconcealed satis- | the whole subject. Should such a course be faction by the local officials of the company. | adcpted we shall cheerfully assist in offering the most. complete information available. “It i3 urged most strongly that upon ived an- tion sion cla He was holding the property now as | pected to become one of the most important the agent of the receivers and as the es-|in the Dominion, no hasty action should be tablishment was closed at present there was | taken, but that, on the contrary, the great- nothing to be gained by attempting to take | est care and deliberation should be exercised forcible possession. He would walt for the | and a full and thorough Investigation made regular procedure of the court and thought | ‘A to the legislative grant, we hold that that the tangle would eventually be straight- | it {s entirely within the coutrol of the legis ened out satisfactorily lature of the province, and that no part of L e oo the public funds of the province could be . . BENEDI AorT ALARMED | made available for the support of separate — schools without the voluntary action of the Defaulter Taylor's Companion Thinks Ilis | provincial legislature. 1f this be the case, Liberty s Not dropardized. nothing could ba more unfortunate from the SIOUX FALLS, S. D., June 13.—(8pecial,) | #tandpoint o i Romin vm:m:«:w people enedicf “hics V. wy. | themselves than any hasty ol o mptory —H. M. Benedict of Chicago, W. W. Tay-| otion on the part of the Parliament of Can- lor's brother-in-law, was yesterday surren-|,qs because such action would probably pro- dered to the United States court authorities. | quce strained relations and in the end pre- vent the possibility of restoring harmony. to argue the writ of habeas corpus return- | “We understand it has been suggestel able today to show cause why Benedict | lately that |n'l\'fl1ln- hunlh T( lhv]l(hmalu ln‘( n; o ot be discharged, cla olic church and people have been invested thould not be discharged, clalming that he | i “scool bulldings and lande that are now was fllegally brought from (Ilinofs, and | auorooriated for public school purposes. N of evidence of euch fact has ever been laid b ttor- can be established, to make full In compensation therefor. To- to the laws which Britain has in cious majesty and Parliament of Great done hich iy here | ment of Canada The house then adjourned till tomorrow. with Taylor on the first part of his trip, and | It is not expected that debate on the question further that he has heard nothing from [ will come up till Monday, when Premler Taylor during the latter's wanderings. He | Greenway reaches the city from Ottawa. his arrest and made no effort to conceal him- BLACK FLAGS ARE WARLIKE self. He thinks he is not being treated right in this matter. His bond was approved to- | kngland Sends m Gunboat to Chincso Waters to Protect British Interests. Killed His rather-in-Law. LONDON, June 13.—A special dispatch DEADWOOD, June 13.—(Spec'al Tele- | from Shanghal says that a remnant of the gram.)—Charles H. Benson, one of the best | famous Black Flag is entrenched at Chung known farmers in the Black Hills country, | Wa, on the island of Formosa, d these was shot and killed this afternoon by his | Chinese warriors are expected to make a de- the terms of the treaty of peace. {han, after doing the shooting, left for the | cial dispatch also says that a British gun- vorth on horseback, and is being followed | yoat has been ordered to the Yangtse Kiang closelv by @& sherifl’s posse. The dispatch of the British gunboat to the Di1 Not Want to e Married. Yangtse Kiang Is said to be due to the proba- SIOUX FALLS, 8. D., June 13.—(Special,) | bility that trouble will ensue there. In con- Agent Gibbs of the Milwaukee depot here rl:r\cn the Mll";:lm;’ ‘1l-,'|;‘*l'“‘: My "")fl “:}‘1" oy Chinese ministel eking hoid tae off- g',“_,::;“‘:'h'."l"":""l",'f“k':;" ”°"‘”:' “: cials of Cheng Tu responsible for a part of son he skipped out was because he | tHeTe: did not want to get married the following Jealous of American Contractors. Wednesday, as he was billed to do, and he [ opTAWA, Ont., June 13.—Major McLen- did not have nerve enough to go and te , x"'_‘t,f) b AT RARLS SMILEL 1 “\;:leul,l|.,l;l,f"‘j nan, conservative, asked the House of Com- troth mons Lo pass a bill preventing the letting of i gt cade contracts to aliens. He thought it a crying __Bulk Crogter Agwitien 19 Belk shaine that United States contractors annu- CHEY %, June 13.—E. 8. Crocker, .y "ghould take hundreds of thousands of charged with the murder of Harvey Booth, | gollars out of the Dominion. The United his business partner, was tolay admitted to | States laws, he said, made it practically im- v Sta bail in the sum of $20,000. possible for Canadians to get contracts in e » United State Czar Received the Armeniuns. the United LONDON, June 18.—A St. Petersburg dis- Chinese Loan at a Premium. patch to the Times says that the czar and | LONDON, June 13.—The Chinese loan is czarina Fecelved Arienian Catholles yes- | quoted at 2% per cent premium on the Paris trial the two lay brothers who are accused responsibility for the abuse of the inmates, have Reduclag the Disconnt Rate. LONDON, June 13.—The and s ex- =4 af reducing the bank rate to 1%. ly imperil the de- “We do not believe that when the remedial available to your excellency in council full and accu- of our important a matter, involving as it does the religious feelings and convictions of different s of the people in Canada, and the edu- cational interests of a province which is ex- fore us, so far as we can ascertain, but, we profess ourselves willing, if any such injustice and fair “In conclusion, we beg respectfully to place on record our continued loyalty to her gra- the its wis- dom saen fit to enact for the good govern- The sp.- financial artic! in the Daily News says that it is reported that the directors of the Bank of England muen LIKE THE ABABAMA Action of the Steamer Childs May Render This Government LiWe. WASHINGTON, June 18.-The steamer jeorge Childs, carrying the filbustering ex- CASE pedition from Key West, has landed at Jamalca. Definite information to this effect has been received here. It was due in a large measure to the tion last week that the administration de- termined on energetic steps to prevent viola- tion of the neutrality law and that President Cleveland issued his proclamation last night alling of this expedi- quarters that the suspicions directed against her may to our officials, the case bear: semblance to the celebrated Alabama affair sufficient to make up a prima faci tention of the vessel under th: checks against the Creek Treasurer Sam Grayson. Mr notified Bullett that he would comply tempo- council to notify the asg’stant treasurer of th WASHINGTON, June 13.—Secrefary Smith has rendered a decision will be of interest Hoke on appeal tha to many western home: steaders. The case in question was that J. A. Wells of the Alliancs land district Nebraska, who requested an extension of time for making payment on his pre-emption claim. The land office refused the reques on the ground that euch extension could b o on arose by re of failure of crops. In hi decision, Secretary Smith reversed this rul ing and called attention to a recent act o congress which ext:nds the time of final pay ment for one year in cases where the entry man is unable to make payment on aceoun of any cause which he is unable to control This law was pass:d in view of the financia South Dakota—Torkela Lund versus Her bert S. Masses, Watertown district, de cision affirmed deen district, decision afirmed, payment o fees and commissions denied. F. T. Day ¢ al against Walter E. Fogg, decision affirmed. Fogg awarded lan gram.)—Postmasters were appointed today a follows: Nebraska—Hubbell, Clinton_Leedom, vice A. J. Elder, remov Towa—Dunbar, Marshall county, J. M. Wil son, Jr.. vice A. G. Medhus, resigned; Modale sioned postmaster at Lindsey, Neb., John C put under the classified civil service, positions included are all in the office wit the possible exception of about 100, whic embrace charwomen, coal hegvers and other Today's addition will bring the total number The boards are located fu Burlington, Ia I e i thilias o3 Gabbath obs Knoxville, Tenn.; - Laxington, Ky Pports. | . The report 56 5he aieliie an fab Kol Ind.: Albany, N. Y.; New York City, and | jp)) "je condemned Sunday ma'ls, trans- " oot portation, newspapers, street cars aud all Two Appolatments by the President. ¢ | kinds of work, also the tendeny te turn the WASHINGTON, June 18.—Ths president | day into an occasion for merrymaking. The has made the following appointments: Alle sion bureau at Neligh, Neb, New Wheat Comes High at 8¢ Louls, terday with great ceremony at the palace and | pourse. It is taken by four Russian banks. accepted their petition for the redress of | prom a political point of view the loan forms Armenian wrongs graclously. a dangerous precedent, as it gives Russia a Kentacky Lunatic in London. Suanging 2eul over CbIag which I8 Will"be LONDON, Juns 13.—It transpires that Lo- T renzo Dow Covington, the American who Closed tho Mariaburg Asylam. has been proncunced a dangerous lunati BERLIN, June 13.—The government has and confined in an asylum for threatening | closed the Marlaburg asylum, which was the to throw vitrol over Cardinal Vaughan, is a | gcdne of the scandals brought out by the natiye of Kentucky. - ~ trial of Herr Mellage for libel and hold to e ST. LOUIS, June . B e for cash wheat in the St. Lould market to- | o0 oo RO Jone 13 day. It consisted of a carload of the Orst | A\ Now york—Arrived—Salier, from Bre- The information from Tampa states only and is Reproved for I that the steamer has landed, but does not g add details as to whether the filibusters o fe AL are still on board or were landed at some point in Cuba. The fact that the Informa- tion from Jamalca gives only the arrival of | BUTTE, Neb, June 13.—(Speclal Tele- the Childs, without mention of the flibus- | gram.)—The case of the state of Nebraska ters, leads to the impression In some prove unfounded, as there is only ir- | the defaulting treasu regular information thus far to show that | was killed on the 31st of December last year, she carrled the party. 4| was called in district court in this (Boyd) he steamer, as alleged, ‘has carried | oo (HCE S oy vdh from the United States a supply of muni- | 0Unty, this morning. Attorney General tions of war and armed men to aid the [ Churchill, who was requested by the legisla- rebels in Cuba, the incident may raise a |ture to take charge of the case, filed a grave question as to the responsibility of | motion for a continuance until next fall the government. On the statement of facts $ SLrong re- » case jus- tifying the arrest of the parties or the de- terms of our funds drawn by | Small says he rarily with the request, pending further in- | that J. F. Dibble, a witness who is expected formation on the subject. At the time of | to identify the defendants as being vigl- writing he did not know the cause or subject | lants, and that the oath of the committee of the trouble. The books of the Louls | bound each and every member to take the office show a balance of $187,000, subject to | life of any one who came under the ban of the order of the treasurer of the Creek na- | the organization, is missing. Smith, the tion No checks drawn by Grayson haveldriver of the rig, is also one of ti: missing been presented for payment eince May 16 | witnesses. Dibble is in Towa, and the last last. Mr. Small asks whether the secretary | seen of Smith he was on his way to O'Neill approves his action. Secretary Carlisle im- | from Lynch with the intention of coming to mediately referred the matter to the Interior | Butte to attend the trial. department, and a dispatch asking for in-| = After the reading of this ement, the formation was sent by the Indian office 10| attorney for the defense announced that the D. M. Wilson, agent to the five clvili matter could be easlly disposed of and read tribes, the following, which created a decided sensa The latter’s reply, recelved this morning, | tjon, reads as follows: “The principal chief of the | «The defendants hereby waive in writing Creek nation has been suspended by the na- | their constitutional right to be confronted nal councll and Bdward Bullett, tecond | with the witnesses, Gilligan and Dibble, and chief, is now acting chief. The latter was|oopsent that the evidence of these witnesses instricted by a resolution of the national 0 3 e | read in evidence to the jury. United Siates at St. Louls mot to honor | 'Immediately following the reading, the checks drawn by Sam Grayson, treasurer of | coyrt stated that in view of the walver the the Creek nation, until further instructed. T|giate could not be allowed the continuance shall adyise you further as sqom as possible.”” | apq overruled the motion. The attorney Mr. Wileon's reply will be at once for-|gencral then sald the state was ready for trial warded by Secretary Carlisle and Attorney Harrington stated that the TR T Bxnh defense was also ready. The court instructed GIVES SETTLERS AN EXTENSION | he clerk to isue a venire for fifty talesmen, et but the attorney general thought the cass Ruling of S:cretary Smith of Great Inter- | ought to be put off until tomorrow morn- ost to, lomeatonders. in Harrington asked that a venire be granted only in cases where inabllity to pay distress prevailing throughout the country | 590 officers and teachers and 170,708 scholars last year. The collection for the past ye: was $146,- Weatern Land Ca-es . the amount of benevolences being , el ¢ $38,837.48. WASHINGTON, June 13.—(Special Tele- | ™y "toliowing delegates were chosen to gram.)—Secretary Smith today rendered a | corresponding bodies: United synod of the decision on appeal in the following land | south, Rev. Luther Kuhlman; general Pres- cases: Nebraska—In re Jerry A. Wells, | byterian assembly, Rev. D. H. Bausline, Alllance district, decision reversed. Ex- | D. D.; general assembly, United Presbyter- tension of time in which to pay for land al- | ian church, Rev. M. W. Hamma, D. D. lowed. Reformed Church in America, Rev. G. W Masses' entry to be cancelled Elizabeth Zauker against United States, Aber- Huron district Weatern Pcstmusters Appointed ical seminary at Chicago and its removal to WASHINGTON, June 13.—(Special Tele- | Atchison. Kan., or Omabha, Neb.,, were re- Thayer county, Harrison county, Thomas Carey, vice W. M. | eyening, succeeding Whitsuntide, 1897, The Sharpnack, resigned. South Dakota—Tur- | convention adjourned at midnight. ton, Spink county, C. H. Draper, vice J. T. Weir, resigned. REFORMED PRESBYTERIANS. William H. Deegan was today commis- synod ¥ Baker, at Ollie, Ta., and Charles’ B. Par- Goes Sightsselug. melee, at Arlington, South Dakota. DENVER, June 13.—The synod of Re- Fxtenston of 1he Civil Service, formed Presbyterlans adjourned at midnight WASHINGTON, June 13.—President Cleve- | and most of the delegates have gono o land today signed an order prepared by the | trip to Pike's peak. The refusal of the N civil service commission wheteby about 2,500 | York Presbytery to organize a Reform Pre persons in the government printing office are | bytery in Cambridge, Mass.. in isponse t of positions coming under Fhe civil service | fiTO08 reRILN OB SRRINL theCoale S0 e 0t Rt LA 85000 quors and tobacco and the report was 10 this sountiy 0. a3 m" 9 adopted unanimously. The government of the Civil Serv: ards Appoffited. United States was condemned for ¢ WASHINGTON, June 13.~The boards to | nancing the liquor trafic and the sal> of examine applicants for placés in the in- lu;‘.“l‘w 2 deited it 1 i X . SR e The synod decided to enlarge its wor Lertial revenue | fervice, | femsntly = Drough | ymong the Indians in Oklahoma and will en- iin the civil service tules, have been | jeuyor to unite the small congregations snd appointed by the civil seryice commission. Thomas, consul general, to be United States [ 900 - minister at Venezuela; Emory Best of the an Married In London. District of Columbia, to be assistant com The s . o T, DA G LONDON, June 14.—The Times announces missloner of “the REpIFA) GENd" d0e. that at St. George, London, on Wednesday Nebraska Man's Appointmeat. John Francls Harrls, son of the late G, 8 ¢ ASHINGTON. . 18— Farris of Nebraska, was married to Ger- WASHINGTON, June 13.—(Special Tele- | Habtls of Helrasiir vas, mymies, 4 6t gram)—Dr. W. F. Conwell was today ap-| Paul, Minn ey pointed an examining surgeon for the pen- 13.—One dollar was pald BARRETT SCOTT CASE IS ON Citizens'Committee Urge that the Litigation is Too Expensive, STATE WANTS ANOTHER CONTINUANCE Attorney General Churchill Asks tho Court to Postpone the Trial Until Next Fall against the alleged lynchers of Berrett Scott r of Holt county, who This action on the part of the attorney gen- eral created no little surprise, as it has been which cost the British government many | given out repeatedly that the state was ready mvn)h‘xlm of 41u:14:lr\- to Tm;' l‘v3 the ChIIAs | for trinl. The defense s ready and anxiou casg the vessel was under the United States . T T fiag_ and practically the expedition started | 10 Proceed. The court expressed itself in in this country. It was said that our gov- |indignant terms over fhe dilatory practices | ernment was duly advised of the intended |On the part of the prosecution and informed departure of the Childs expedition, though |the attorney gencral that strong reasons whether the advices were in themselves | must be presented pefcre a further tinuance would be granted. He gave the attor- ney general uniil noon to present affidavits in support of the motion for a continuance. It examination is clalmed to have been damag- ing to the defense, was in New York, and. | owing to a severe attack of sickness, would be unable to be present at this court, and before the preliminary examination may be issued at once In order to have some tales- men here in the forenoon, so that the work t of empanelling a jury could be crowded “| " After court adjourned for the day the at- f | torneys for the state came to the conclusion that the defendants could not waive a con- ¢ | stitutional right and decided to present an argument to Judge Kinkaid in the morning on the matter, n t S ——— LLFT THE UNITED BRETHREN OUT f Lutheran Synod Sclects Fraternal Delegates to Corresponding Hodles, HAGERSTOWN, Md., June 13.—The first report submitted at the General Lutheran synod today was that of the Board of Sun- day Schools. It showed 12,335 schools, 21, t | next MAJ. HALFORD GOES TO DENVER Orders from Washington Transfer a Fopu- Iar Paymaster to Another Station. According to the following dispatch, which was recelved by The Bee from Washington last night, Major Halford, who for almost two years has been paymaster for the De- partment of the Platte in this city, will be transferred “Major to Denver: lijah W. Halford, paymaster, has been relfeved from duty at Omaha and as- signed to duty at Denver, the Department of the Colorado.’ Major Halford stated last night a reporter that he had doubt that the telegram was true. He sald that some time headquarters of to no ago he received unofficial notification that he was to be transferred to some other station, but the name of the city to which he was to be sent was not mentioned. He had expected it, too, because of the changes that have already been made in the corps. There are three paymasters in this department. and there is not enough work to keep them busy. Major Halford was probably chosen as the one to be trans- ferred, as the other two paymasters out rank him in the length of their ter of | service, Major Halford department of the President which was appointed to the pay rmy at the expiration of Harrison's term of office, during he was Mr. Harrison's private sec His first duty was in Paris, where placed in the disbursing office of the Bering Sea commission. From there he ame directly this city, two years ago August. During his residence here he has taken a very active interest in all kinds of religlous work, and he has been especially identified with the work ok the Young Men' law, cannot be learned. By the terms of the |is stated that the present cause for the delay | Christian association. He has served one | treaty of Washington, the United States |is the absence of Dr. Gilligan and James | term as president of that institution, and bound Great Britain and itgelf to the doc- | Dibble, two witnesses for the state. | last month was re-elected. During his con- trine that a nation is bound to use “due| A commlttee of citizens waited upon the | nection with it he has given remarkable im- | diligence” to prevent the departure of |attorney general last evening and urged him | petus to the work of the association, and | 1 expeditions aga'nst a friendly nation. | to dismiss the case on the ground that it| much of the success that it has attained dur- | ralses the point whether the United | would unjustly entail a heavy burden of ex- | {nx the last two vears can be largely as- | States can be held to have exercised due [pense upon the taxpayers of Boyd county.| eigned to his own personal efforts, Ho | diligence in the matter General Churchill informed the committee | poi"chant the larger part of the time that PR thet he was acting under the instructions of | \ug not devoted to his official duties in STOPPED PAY ENT ON TUE CHECKS | the governor and both branches of the legis- | “‘”,“” it .f‘r\\'x 1 in every w ‘\ & eV lature and had no choice biit to go ahead with | ¥ " r.‘f__m SRR s e T Creek Council Requests the Government to | the cise. A% s s P e Hola Oat Tes Cash: \ It is thought that the work of eecuring a ’i‘"l ?““1“".”]"“"'] : .“I“'I”‘*v‘-. ,““('-"-]”l e b 0|19 Wil eanAE TNV EFAL WasM that 1 have been here I have been treated WASHINGTON, June 18.—A alspateh wan | JUry RU CoUsUre Aetart o RIAL very kindly and have formed many pleas received at the Treasury department yester- | IO " ]' SN ;( : T Aoty | 21 acquaintances. 1 understand that about d 0 ] agsist easurer of Lo o'clock this afternoon the attorney | gix weeks 2O A umber o etters were day from G. H. Small, assistant treasurer of | o IO NGRSt Wit n showing for | S NecKE ARG A U Ot T be re the United States at St. Louls, ©tating he | g continuance until next term of court. The | gt (@) BASBERIOR SHER GoM el ¢ had been requested by Acting Chief Bullett|affidavit set forth that J. P. Gilligan of | ':kl‘r: ”r'r"”f‘l“, CREIALE RLLD 32 | of the Creek nation not to honor any further | O'Neill, whose testimony at the preliminary | k While he as he has of his no knowledge of the ma received offlcial notifi Major Halford thinks ter, tion that not transfer, he will be sent to Denver some time during the latter part of this month, be there when the monthly takes place on July 1 Major Halford lives at 602 South Twenty. ninth street, his family sisting of an only daughter in order to disbursement LINDSAY FOLLOWS CARLISLE'S LE Junlor Scnator from Kentucky Takes Stump Against Free Sitver. D FRANKFORT, Ky., June 13.—Senator Lindsay tpoke to a crowded house here to- night. In opening he said: “Appeals being made to the American people to so regulate the question of coinage under the conditions of 1895 so as to avenge or right the supposed ‘crime’ of 1873, ought to receive no consider- ation. This Is a in which the dead should bury its dead. The discontinuance of silver coinage by the world at large in the vears between 1870 and 1874 may or may not have been a crime. I am one of those who fncline to the belfef that tie demonetization of 1873 was a grave mistake, and that the conditions woull be better today if Germany and the Latin Union and the United State had continuel the coinage of silver, but whether a crime or a mistake, the act of 1873 was not passed surreptitiously as is now so persistently claimed. It may be true that many membere of congress did not understanl the effect of that legisiation, and the president who approved that bill was not advised of the fact that it “iscontinued the coinage ‘of the legal tender silver dollars.” Continuing, he dealt edge hammer blows at the doctrines of the free silver cham pions in this state, and then replied to the plan of Senator Jones to raise immediately the value of all the slver of the world 100 per cent, but should it be done, the 4 100,000 legal tender silver doll in irculation and owned by our people would not have a cent added to their money value, but if, by the magical influence of an act of congress, the mercantile value of silver can he held that be increased from 67 cents to §1.29 per ounce, then we may double the value of thousands of milllons of silver in India Mexico and other countries. No Americ would share the benefits of th's miraculous increase except the mine owner and th speculator. Senator Lindsay’s speech was of two hours duration and was enthusiastically ived. During the course of his remarks d a glowing trihute to Secref Car; lisle’s efforts in the cause of honest money Al U CLEVELAND DID NO si SUNDAY Tonner, D. D.; Reformed Church in the United States, Rev. 8. F. Breckinridge; United Nor- wegian synod, Rev. 8. B. Barnitz, D. D. A motion to strike out the appointment of the delegate to the United Brethren general conference on account of a rebuke adminis- tered to th® Lutherans at a conference in Altoona, Pa., some years ago, was carried. “Questions of alding the German Theolog- o ot ferred for action by the board. the United Brethren ger erence was chosen, the morning. The new catecism was adopted. The time selected for the next meeting is Wednesday A delegate Lo ral assambly con- reversing the action of s shes Its Labors at Dewver and h h 5. a petition froom a congregation in that place was overruled and the petition of the Cam- bridge people granted. The committee on temperance reported very supply them with preachers en | appropriations adopted footed up about §60, Maurier Completes a New Novs). LONDON, June 13.—The Daily News this morning announces that George du Maurler has finished a new novel Private Secrotary Thurber Makes an phatic Denial of the Charge. WILMINGTON, Del., June 13.—In an ad- dress before the Scott Literary society of the Wilmington Conference academy at Dover Tuesday night Rev. Dr. Morritt Hulbert, pastor of Grace Methodist Episcopal church, this city, gave utterance to the newspape charge that President Cleveland had gonc fshing on Sunday last. The editor of the Dover Index wired Private Secretary Thur- ber an inquiry as f the truth of the charge and received the tdlowing apswer “In answer to your telegram, I beg to state that if Rev. Hulbert said the president fished on Sunday he told an absolute false- Em- hood. HENRY THURBER, “Private Secretary.” On being &M n this telegram today Dr. Hulbert said: “I read the reference to the president in a newspaper while coming from Pittsburg. 1 did not make the statement defi- nitely, nor with animus. If it had been a matter of previous thought it would not have been said of a magis authority 1 am not given to speaking evil trate and dignitaries on anybody's WKINLEY TO SPEAK AT CLEVELAND Will Keep Two Appointments by Means a Special Train. CLEVELAND, June 13.—Chairman Morris of the local executive committee of the Na- tional Republican league announced today that the committee has succeeded in making an arrangement whereby Governor McKin- ley will keep hiz engagement to address the Chautauqua assembly at Ottawa, Kan., on the 20th inst, and be present at the con- vention of the National Republican league on the 21st. The governor will etart east im- medlately after his address in Ottawa, "prob ably traveling on a special train as far Chicago, arriving in Cleveland on Friday time to deliver an address at the closing slon of the convention, - Japanese Torpedo Boat Founders. SAN FRANCISCO, Jur -A private ter reccived from a seaman of the Charleston reports the foundering at sea on the morning of May 10 of torpedo boat No 6 of “the Jupa wy, off Pang-Hui island in the Pescadores. All the vessel's crew except one man were drowned. Among the lost were two English and Two Ar can seamen. The latter's 1 ar orted to be Alfred Lawson, formerly fartford, Conn 1 James Brauson, a Californian. Fourteen men comprised the crew. Captain Ozko was a graduate of the rench naval a one of the offi- cers in _commar torpedoflotill which did ~such ge 1o the Chin fleet at Wei-Hai-Wel. The torpedo boat sank half a mile from shore and within view of a number of Chinese fishermen, who refused rewards offered by Japanes soldiers on ghore to rescuc their drowning countrymen. of 13, let- cruiser 10 8 re. of i new wheat of the 1895 crop ralsed in Mis- | men; Persia, from Hamburg. sourl and grades as No. 2 red. While this | At Southampton—Arrived—Columbia, from wheat was of such excellent gquality, it i# | Ne wYork, for Hamburg, and proceedel; understood the yleld when threshed only | steamer Kaiser Wilhelm 11 for Bremen; ten bushels to the acre, Where at lexst twenty | Havel, from New York, for Bremen bushels had been looked for. At Hull—Arrived—Qhlo, from New York. Rebels Moving on Fucrto Principe, MADRIID, June 13.—Advices have reached here that two bodles of rebels of 500 each, KILLED AN UNARMED BOY Serious Charge Against G, A. Porter of Springview, Nob, ATTACKED A WOMAN AND HZR CHILDREN Quarrel Over a Horse Worth FProbably Thres Dollars Provokes a Teagedy —Some Talk of Lynchiug the Prisoncr. SPRINGVI Neb., June 13.—(Speclal Telogram.)—The murder committed by G. A. Porter yesterday, twelve miles northeast of this place, was premeditated and clod-blooded in the extreme. So says the coroner’s jury, anl Porter is being held without ball. The parties reside on Spring creek. Porter, the mur- derer, is an old settler of thie county, a jus- tice of the peace, and a member of Spring- view post No. 212, Grand Army of the Re- | public. The Woodforks, murdered, are a family of newcomers, negroes, from Kansas City or St. Joe, and ten children consisting of father, mother the children being all weak minded, and the whole family very much di- lapidated. Woodfurk, about three wecks ago, tock their team, two old 1 harness and left to parta unk Some time hought an old horse and got Porter to sign the note with him. When Woodfork left his family Porter came and got the horse and swore in the presence of some neighbors that e woull Kill the whole family. ponies, wagon family ago Woodfork lis W, sterday Mrs. Woodfork went to where Porter's boy was herding cattle, got the old horse, worth about $3, brought it home and locked it up in the Porter was soon after lots en coming across ed with a double-barre #hot gun, when the Woodfork family, thinking it a bluff, ran out to the barn or near by to keep Porter from removing the horse. A quarrel ensued and Porter knocked Mrs. Woodfork down with his gun, inflicting probably a fatal wound over the right eye. KILLED AN UNARMED BOY. He then turned his attention to the oldest boy, who by this time was on the run over tho sand hills and out of range of Porter's gun. A younger boy, standing by the side of his prostrate mother, said “Why, you have killed my mother.” Then Porter leveled his gun on the unarmed boy and sald Yes, and I'll kill you, t0o,” and fired. The whole load of buckshot passed through the boy's chest about four inches below the chin, making a hole that a good sized man could run his arm through, killing the boy in- stantly, Porter then got onto a horse, threw his gun on his back and came to town and gave himself up. The Bee reporter has done his best to get a statement from Porter. He says he knocked the woman down and Killed the boy, but did it in sclf-defense. There is talk of lynching Porter, but it it thought that better judgment will pre- vail. Porter's hearing before the county judge lias just closed, and he pleaded not guilty. It came out in evidence that, besides knock- ing the mother down anl killing her boy, he snapped a cartridge at another boy. The gun failed to explode, and the boy's life was saved. Since the killing Porter has no friends, and groups of men continue to come into town, and the end is not yet. FATAL CONCLUSION OF A FEUD George Kingen Killod Frank ¥ YORK, Neb., June 13 —As a result of a feud, which has been in existence for years, George K'ngen lies dying at the home of John P. Widdup, and Frank Hazelett been arrested as his murderer. The murder took place about twenty-five \]nllw southwest of York, near Cordova, to- Kingen and George Boslough were driving Near Cordova by lott. (Special Telegram.) from Cordoy They passed the farm of Victor Hazelett. Frank Hazelett, his son, repairing a fence when they passed. As ed by voung Hazelett, Kingen, as soon s e saw him, ferked hig hand toward his hip pocket as though to draw a revolver, whereupon Hazelett opened fire upon him with a double-barreled shotgun, which was Iying near, loaded w th buckshot. The main wound s in the back of the head, yet his back was farly punctured by bullets, Bos- lough escaped without injury, aithough Hazelett in firing was several yards away when he shot at Kingen, This tragedy recalls to the mifd the feud which has existed between the Hazelett's and Widdup and Kingen. About five years ago Kingen resided in_ York together with his family. As a result of some domestic jar, Mrs. Kingen left him and went to her father's, Victor Hazelett's home. This was the starting of the trouble. Kingen circu- lated reports that one James McMullen was criminally intimate with his wife. For an assault on him McMullen sued Kingen for damages and was awarded same in the dis- trict court of York county. Some time after this Victor Hazelett, Mrs. Kingen and James McMullen were driving home from York one evening and when about a mile from the home of Widdup, Kingen, who was hiding in a clump of trees near by, slipped out and at the point of a revolver forced them to stop. McMullen in trying to escape was shot nd barely escaped being killed. For this Kingen was arre<ted end sen'encel to the penitentiary for t In Mare through the efforts P. Widdup, Kingen was paroled by Governor Holcomb, and since that time has been residing with Widdup. During the last few days it seema that Kingen has boasted that as soon as his sentence run out he would massacre a few fozen of these who were it siramental n tend- ing him to the penitentiary. The latest reports from Cord how that Kingen is dying. As soon as he was taken home he requested that a prostitute of this city be sent for She left im llately for the home of Widdup. Frank Hazelett came in tonight and gave himself up. He was ac- companied by several persons, who expreseed 1 belief that Hazelett was justified in killing Kingen. Though laboring under excitement, he alleges that he thought what he had done was In self-defe dova is greatly The community of Cors cd over the affair. Sl Racing Lone for in Hlino CHICAGO, June 13.—With the ment of the legislature, with, a4 up the Humphrey bill, the last chance of horse racing In with & betting attachment, during the next two vears, Owners of Hawthorne and Harlem, who practically conductin the fight “for protective legislution; hoper up to the last day that the Humphrey would be taken out of the committe rushed through. ‘There can be bLut one out- come of the situat All the big stakes at_once, in- the $10,000 exc adjourns having ssed away Llinols, at Harlem will b clared off cluding the $20.000 Derby and Garden City handicap. - Situntion at Coner d'Alons Un SPOKANE, Wash,, June 13 change in the labor situati a'Alene mines. The Bunker van mines are preparing to resume A basis of $ ay for miners and carm and shovelers, a requisite of citizens having signed a petition them support. What the result resumiption is a matter of conjectur Mi unfon says there will by it that the co; ‘hanged. There is no n in the Couer Sulli- w nu; edging will be on The ) lawles ness any will not be able to gecure men at the cut wages. Men weil informed respecting the situation, however, look trouble and viole Colored Aercuaul Meots His Death, BATTLE CREEK, Mich, June 13.—Fred- erick Pate d, of this city, was killed made an attempt to capture Maron and Puerto Principe. - while making a balloon ascension yesterday at Marcellus.