Omaha Daily Bee Newspaper, June 30, 1895, Page 2

| ) Fherselt quite equal to, If not 4 Audrey, yacht Hereshoft cutter is far away oppoment, while in races in Iight air, which have been chiefly of a fluky character, luck has boen pretty evenly divided. with the eails which Niagara carries, and he has ordered a new sult. be ribbed in the usual way, instead of cross- make (he new suit of salls for Niagara, but the patriotism of the famous English eall- makers compelled them to refuse Mr. Gould’s Droposition b THE OMAHA DAILY BEE: SUNDAY, JUNE 30, 1895. Bucharis. Continuing, Mr. Gould eatd: 1 am convinced that Niagara has shown better than, been the best breeze the of her which has hitherto her class. In a good ahead in the Mr. Gould, however, s not entirely satisfied The main sail will Mr. Gould applied to the Ratzeys to wise. the new sails Birken- sails of and consequently are now being made by a firm at near Liverpool. The head will be made of silk. ER STUCK IN THE WAYS 1-Omened Episode at the Launching of the Exproted International Victor. BRISTOL, R. I, June 20.—The launching of the yacht Defender this afternoon not the brilliant success which had been so | confidently predicted. After leaving the | ways the Defender stuck fast in a combina- was tion of mud and timber on the shores of Bristol harbor. It was just 12:55 p. m. when the signal for the start was given, and amid the cheers of the assembled guests and spectators the boat started on her trip down the ways, and at that instant Mrs. F. Oliver Iselin broke a bottle of champagne across the bows, say- Ing, “T christen thee Defender.” For three- quarters of the distance the yacht glidsd easily, Then Defender stopped amid the crunching of timbers. The boat was hang- ing on the vergo of the water, parily sub- merged and fast upon her cradie. The gen. tlemen in charge had miscaleulated the height of the tide and there was not water enough to float the craft upon which the hopes of so many patriotie Americans center. The tug boats Squidnunk of Newport and Bay Point of Fall River, which had been lying oft the end of the pier, were hastily called to assist. Ropes were passed about Defender’s hull and the tugs began to pull It was useless for the time. The tide was slowly rising, but it was not high enough, and after a fow efforts the tugs desisted. When the boat stopped every one thought she had stuck in the mud. Messrs, Heres- hoft, on seeing the serlous condition of things, telephoned to New Bedford for the giant towboat Right Arm. A submarine diver went out to the end of the ways and thor- oughly inspected the cradle and examined her position for fully two hours. He then reported to Nat Hereshoff that the boat was not in th» mud, but that the cradle had stuck fast In the ways. Mr. Duncan's theory was that the piles or joists had swollen after being placed in the water, sa that when the eradle came down the ways were so tight they would not allow it to pass through When Right Arm arrived, shortly before midnight, preparations wers at once begun to renew the effort to get Defender off at high tide. The fleet of yachts and small craft in the harbor began to receive acquisitions early and the competition for positions of vantage from which to witness the launching was sharp. Colonla came in from Newport early with the crew of Defender and the men were sent to the yard to assist in preparations for the event of the day. Soon after sunrise the swarm of workmen whose services were neaded in the final preparations were on hand and the work began. The ways are almost 300 feet long and end in twenty ix feet of water. They are buflt of heavy timber and constructed as If they were meant to stand for years. It took three hours to eomplete the oiling, and then the attention of the workmen was directed to the fasten- ings. A dock was st aside for the use of spectators. ARMY MEN FAVOR THE PLAN Advantages of Ocnverting Fort Omaha Iuto a Military School. EDUCATED CITIZEN SOLDIERS NEEDED West Point Does Not Supply Enough to Answer in Cases of Emergency— Omaba an Admirable Location for Such an Iustitu WASHINGTON, June 20.—(Speclal)—"1 have no doubt that the plan to turn old Fort Omaha into a military school will be a success,” says Paymaster General Thaddeus H. Stanton. “At least, I see no reason why it should not be. I think that some time during the next session of congress legislation will be enacted transferring the property to the state of Nebraska or the city of Omaha | and granting authority to establish an acad- emy. The law providing for the construction of Fort Crook also provided that old Fort Omaha, ag soon as It was abandoned, should be disposed of by the secrotary of war. The probable result would be to either transfer it to the Interior department or to sell it out- right. 1 think, however, the better way would be for congress to pass a law donating the property to the state of Nebraska, so that they can establish such a school as has been proposed, for by that way some good can be accomplished. “On the other hand, no benefit would be derlved by disposing of the land as has been provided.” No better place could bo found than old Fort Omaha for the establishment of a school of this kind. The grounds are admirably situated and wouid mako a beau- tiful surrounding for the buildings. I think that very little expense would be {ncurred in erecting the necessary bufldings. It is true that the structures now standing are inade- quate and unsuitable for the purposes of a school, but the state could easily afford to appropriate a sufficient sum to fit up the grounds in a satisfactory manner. Such a thing as a military school, located at Omaha, is just what is needed, not only for Nebraska, but for that entire section of the west. An institution for the military fnstruction of the young men would be of great beneflt to the college boys, for there they could be fitted for admission to West Point, and if they did not desre to continue their military studies by entraace into the army they would pos- sess a_ store of military instruction which would be of endless value to them in future lite, 1 was greatly pleased to read the re- cent dispatch from Omaha stating that ex- Senator Manderson had brought the subject of a military academy at Omaha to the at- tent'on of General Schofleld during his visit there. The plan is an excellent one, and I hope that it can be brought to a consumma- tion in the near future.” IDEA A GOOD ONE. “The idea of establishing military colleges is a good one,” says Inspector General of the Army J. C. Breckinridge. “I am in favor of having as many of them as possible, because I think they do a great good. As a prepara- tory school to West Point they serve an ex- cellent purpose. We should have them In every state, and I think that Omaha is just the place where such a school for the state of Nebraska should be located. The proposition to turn old Fort Omaha into a military school is a good one and should have encourage- ment. 1 am very much interested in the military training of the young men of Amer- fea. The training cannot begin too soon West Point of course serves a good purpose, and I must confess that I do not believe the country needs another West Point, for that Captain Hereshoft says Defender is the best yacht his firm has built, He refused, how- aver, to give the dimensions of the boat or any facts regarding her sail area. A gentle- man who is in a position to secure correct information, however, gave to the Associated press correspondent figures as to Defender's dimensions as follows: Length on water line, eighty-nine feet ten inches; length over all, 123 feet ten inches: draught, nineteen feot: beam, twenty-four feet. The main mast and boom’ are 102 feet in length. The mast is thirtyfive inches in circumference at the heel and eighteen inches at the step. The top’ mast is fifty-seven feet long, the gaff sixty-three fect ten inches and the bowsprit forty-four feet. The spinnaker pole Is seven- ty-two feet In length and the club top sail pole fifty-one feet. The work on the sails of Defender is progressing steadily and the riggers who are (o put everything in order are here to complete the fitting out of the boat. It is expected that the yacht will be in commission in 1:ss than two weeks, CROKER’S HOKSE DIED ON THE ROAD atlonsl Attack on Jockey Simms Ie- sults from » Pecnllar Incldent. LONDON, June 20.—1If certain reports turn out to be correct Mr. Richard Croker's col ored jockey, Willie C. Simms, is likely to find himself in the hottest kind of hot water. Simms has been amusing himself consider ably at Newmarket, and on Monday, June 17, ho wagered he would drive a trotter from Newmarkst to Cambridge and return within an hour, a total distance of about twenty-s miles. Sims started in a sulky with a com- panion and made Cambridge In quick time. When nesring Newmarket on the return (rp the horse dropped dead, and it is probable that Simms will be arrested and severely punished as a result of an investigation into the affair which the officers of the Royal Soclety for the Prevention of Cruelty to Animals began. A speclal officer of the soclety was dlis- patchel to Newmarket, with Instruct'ons to thoroughly Investigate the story of Simm's drive to Cambridge, and, it the story of cruelty to the trotter is proven, a warrant for the jockey's arrest will be issued. The officer was also instructed to find out it the companion of Stmms in his drive was Mr. Croker himself, and if this should turn out to be the case, there may be serious trouble 1n store for Mr. Croker as well as for Simms, The action of the Royal Soclety for the Prevention: of Cruelty to Animals was due to Jerome K. Jerome and Henry Labouchere. The lattor says in Truth: “After reading an account of the performance I expected to announce that Simms had brought an action for libel, or had been fined the heaviest pen- alty for such dlabolical conduct. No punish ment is too bad for a man who would flog a horse to death, and I would cheerfully s Simms flogged along the highroad and made to run until he dropped dead.” Mr. La- bouchere's article concluded with calling upon the Royal Soclety for the Prevention of Cru- elty to Animals to thoroughly investigate the matter. Mr. Jerome writes that he had sent the datal's of the affair to the Royal So- cloty for the Prevention of Cruelty to Ani. mals, adding: “Simms is a half-<caste, who has come to England for a pure gambling speculation. He is employed by Messrs. Cro- ker and Dwyer, concerning whom it is suf- ficlent to remark that Mr. Croker was cnce prominently connected with that gang of raseality, Tammany Hall.” The horse belonged to Mr. Croker; was one of tho last batch to arrive from Litch- field, and its death is attributed to lack of eondition and not to overdriving on the part of Simms In the race aginst time from Newmarket to Cambrigde and back Richard Croker was indignant when he learned of the publication In the Sun and Truth, Jockey Simms wi'l sue the Sun fer £10,000 damages. Mr. Croker has addressed the following letter to Henry Lobouchere, the odltor of Truth: “Appreciating the world-wide reputatian you have for fairness, I am sur- prisad ot the poragraph i the present lssue of Truth with reference to Jockey Simms having driven a horse to death. As the owner of (he horse. permit me to state the fae's. You quote from the Sun a statement rely erroncous. Simms did not drive the horse on that oceasion. 1 drove him, and there was no wager. £imms drove another horse into Cambridge st the same time, both being my property. We left Newmarket at a. m. and resched Cambridge at 10:35, the distance being about thirteen or fourteen miles. The howse that died was driven biek toward Newmarket in a walk, dying enroute. On the way to Cambridge the animal slipped a shoe, and I think a plece of flint caught in the hoof, causiog lsckjaw. The horse was rashod at Cambridge, and at the time showel no signs of approaching death. He was a g0od horse, equal to the task of traveling the distanes from Newmarket to Cimbridze 0 much better time it firced. The horse's racord in Ameriea was 2:13% for a mile. Simma was unaware of the publication in the Run until Truth brought it to his attention.” institution is able to accommodate all those who are willing to give up their lives to the study of military scierce and are desirous of entering the army for life. The course thero is just what is needed for such men, and the instruction and training needs little im- provement, although improvement there, as in everything, is always possible. “But on the other hand there is one other institution which we should have. I¢1s a place where boys and young men can spend a certain period in the study of the uses of war, which can be trought to a good ad- vantage In case of an emergency. We want a school where men can be trained who do not intend to devote their entire life to the army, but are desirous of carrying on the ordinary pursuits of business or commercial life. For instance, If we should have a war today we would be In need of volunteers. Probably a million of our seventy millions would come forward, probibly more. Now to command and iead this million of patriotic citizens, who, despite their patriotic sentiments and desire to sacrifice their lives for their country, are not familiar with either the scientific or practical sidp of war, we would need a certain number of experienced and well trained officers, who also would come forward as volunteers and take charge. Of course the man wieshas the true military instinct in him will forge to the front sooner or later, but what we need is a sufficlent number ‘of soldlers, who, although mot. pur- suing the practice In ordinary, can take hold and lead our troops from the first. Now, it is obvious that we should have some institu- tion, or a number of them, where such men can be trained. NEEDED AS A RESERVE FORCE. “I think this instruction can be supplied in our military schools and colleges. If we can have estabilshed at virious c'ties throughoit our country colleges where young men can attend school just as at an ordinary college and at the same time make a systematic study of the science and practice of war they will go out into the different channels of life net only filted for those special duties, but also possessing a miltary knowledge, which, should they be called upon in time of war t3 lead or command bodies of trcops, would bo of Inestimable value, not only to themsalves, but to their country. Our West Point does not supply enough of these. Of course our professional soldiers who have been graduated trom West Point and entered the army as a life work will be valuable in time of war, but their services would be demanded in an other way, as they could be placed at the head as managers and commanders of higher grades. It would be well if we could hava colleges where boys could be taken between the ages of 12 and 14 years and put through a four years' course of study in military ta tics, and after they had finished at these Insgtutions they would have a knowledge which would be of such use as I have pointed out, or could be used as a stepping stona to a higher and more thorcugh study at thy West Point Military academy. Such a pre liminary course would also make it eas'er for the boys to pursue their studies at West Polnt, as it would serve as an introduction to thelr future covrses. As I have sald, the proposition to establish a military sehool a1 Omaha 1s an excellent one. It would be well to have such a school as we have i the Virginia Military institute, which 1s very popular and does a great deal of good. That is a good model for future institutions to by fashioned after,” Quartermaster General Batchelder say “So far as the state of Nebraska and the boys of that state are concerned, the estab- lishment of a military school at Fort Omaha would be an excellent thing. I have always understood, however, that it was the inten- tion to have the old property, If it were turned over to the city at ail, converted have the public park idea suparseded by the of the idea and have hoped that it would be successful. If, however, it is desired to have the publis park idea superseded by the establishment of a military school, T shall favor it, because I think a great deal of good can be accomplished by such an Institution as is contemplated. In order to build up such a college a number of new buildings will dve to be constructed, as I think the build- Angs now standing are practically of no use and will have to be superseded by more modern ones. If we are to give our cn- couragement (o the establishment of milltary schools throughout the country we should have a college in Nebraska and I think that no better place could be found (han the city of Omaha. It is now a prominent metrop- olis and growing all the time. The Depart- ment of the Platte is an important one and Omaha being the headquarters of that de- partment, it is natural that we should turn to that city as the best place at which to locate a military college. Preparatory schools for West Point will accomplish much good and they should be encouraged not only for the good they do the boys as ine dividuals In the way of making their future military work easler, but sifice they enable us in the end to send out more thorough and therefore better classes of soldiers. Wili Be Docked at Kio de Janeire. WASHINGTON, June 29.—Aun order has ' been issued to Admiral Norton in command of the South Atlantie station to have his flag- ship, the Newark, now at Montevileo, dogked at Rio de Janeiro, Brazil, there being no dock_at Montevideo large enough to admit the Newark. RECEIVED THANKS FROM €O GRESS Testimoulals to Forelgn Citizens Who elped Out the World's Fi WASHINGTON, June 20.—The State de- partment has completed a list of fifty-elght names of representative forelgn governments who under act of congress were voted thanks for their participation in and assistance given toward making the World's Columblan expo- sition a success. The national acknowledge- ments are engraved by the bureau of en- graving and printing, and express in fitting terms the appreclation of the United States to each gentleman named of the services he rendered in behalf of his government to make a success of the celebration of one of the greatest events in history. The men selected wero comm'ssioners from the'r respactive gov- ernments to the World's Columblan exposi- tion, and are as follows The Argentine Republic, Sencr Don Carlos R. Gallardo, Commander Juan Sinclair At- well; Austria, Hon. Anton von Pilitsck-Palm forst, Herr Alexander Poppovic; Belgium Hon, Astere Vercruysso, Hon, Alfred Simonis; Brazil, his excellency Marshal Joze Simeoa do Oliveira, Vico Admiral A. Cordovil Maurity; Bulgaria, Prof. Vulko I. Shopoft Colombia, Senor Dr. Carlos Martinez_ Sily Costa Rica, his excellency Senor Don Manuel de Peralta, Sencr Don Joaquin Bernardo Calvo; Denmark, Mr. C. Michelsen, Dr. Emil Mey ers; Eeuador, Colonel M. N. 'Arizaga; France, Hon, Camille Krantz, Hon. Edmond B. Ru- B. waert; Germany, Hon. Adolrh Hermath, Herr, Dr. Max Richter; Great Britain, Sir Richard Webster, Sir Henry Trueman Wood; British Guiana, J. J. Quelch; Canada, Hon. G. R. R. Cockburn, J. 8 Larke; Cape Cclony, L. Wie- nar; Ceylon, Sir John Grinlinton; Jamaica, Lieutenant Colonel C. J. Ward; New South Wales, Sir Arthur Renwick; Trinidad, Harry Vincont; Greece, Hon. Charles L. Hutchin- fon; Guatemala, Senor Don Manuel Lamus; Haytl, Hon. Frederick Douglass; Italy, his excellency Marquis Enrico Ungaro, Signor Vincenzio Zogglo; Japan, Hon. N. Yamataka, Hon. 8. Tegima; Johore, Dato Sri Amara d’ Raja, Abdul Rzhman; Corea, Hon. Chung Ki ung Wan; Liberia, Hon. Alfred B. King Mexico, Senor Don Miguel Serrano; Nether- lands, Mr. George Birkhoff, jr.; Nicaragua, his excellency Senor Don Horaclo Guzman; Norway, Mr. Charles Ravn; Orange Free State, Mr. E. R. Crobter; Paraguay, Dr. Emil Hassler; Russia, his excellency P, Gloukhovsky, Mr. €. R. Ragouza tehev- sky: Siam, Phra Suriya Nuvater; Spain, his excellency Senor Don Enrico Dupuy de Lome, Senor Don A. G. del Campillo; Sweden, Mr. Arthur Leffler; Switzerland, Mr. James Perrenoud, Mr. Arnold Holinger; Turkey, Ibraham Hakky Bey, Ahmed Fahri Bey; Uru- guay, Don Prudencio de Murguiondo; Vene- zuela, Senor Den J. M. Larralde. DEATH Or A WAR VEIERAN, General Green Clay Smith Reaches the End of n Lite's Career. WASHINGTON, June 20.—General Green Clay Smith, once a prohibition candidate for president, & war veteran and in recent years a well known Baptist pastor of Washington died at his home in northeast Washington at 12:56 o'clock this afternoon. For several months he had been in poor health and over a fortnight ago a malignant carbuncle began to develop on the neck. It rapidly increased and desplte the efforts of his physicians blood poisoning set in and the condition of the distinguished patient became alarming. His condition had been very critl during the week, but there was a noticeable gain yes- terday, which gave rise to hopes of his re- covery. A collapse occurred, however, shortly before noon today and the patient began sinking and the end soon came. All of the immediate members of the family were at the bedside, The funeral will occur Monday and will be in charge of the Masonic orler, of which General Smith was a member. The Union Veterans' union of the District, of which or- ganization he was recently commander, will probably participate in the ceremonies.” The interment will be at Arlington. CARLISLE MAKES CHANGES, Fifty-Two Clerks Recelvo Promotlons tho Treasury Department. WASHINGTON, June 20.—The secretary of the treasury has appointed Mr, Scott Nesbitt, the present chief clerk of the internal reve. nue bureau, as appointment clerk of the Treasury department in place of Mr. Kretz recently appointed superintendent of the United States m'nt at Philadelphia. He has also_appointed E. C. Johnson, the present chief of the income tax division, as chief clerk of the internal revenne bureau in pl of Mr. Nesbitt. The secretary also ma fifty-two promotions, nineteen appointments and seven dismissals in the several bureaus of the department. All of these dism’ssed will probably be reinstated within the next thirty days, or as soon thereafter as it is possible to find places for them. Disenverad n New Counterfoit. WASHINGTON, June 20.—The secret serv- ice officials have discovered a new counter- felt $10 silver certificate, series 1891, check letter A" with W. S. Rosecrans, register, E. H. Nebecker, treasurer, portrait of Hend- ricks, small scolloped carmine seal. The note, which is both poor In color and work- manship, i apparently printed from a wood- cut plate and is much smaller in every way than the genuine. The word ‘“register” is spelled ‘‘regist.”” The color of the treasury number i3 faded blue, almost green, and the numbers are too heavy. © mmbla Will Not Try for a flecord, WASHINGTON, June 2).—Concerning the speed trial of the Columbia, Secretary Her- bert says it is mot true that she has been ordered to cross the Atlantic at her ex- tremo speed. Said he: “She has simply been ordered to use all her boilers in com- ing across, but not to put on forced draught until during the last twenty-four hours, Such a test as this will not afford the means of comparing her speed accurately with the fastest passenger steamships.” News for the Army. WASHINGTON, June 20.—(Special Tele- gram.)—Leave of absence granted: First Lieutenant George W. Van Deusen, First artillery, two months; First Lieutenant Au- gustus, C. V. Macomb, Fifth cavalry, one month; Second Lieutenant Richard A. Shut- tleworth, Eleventh infantry, one month; Sec- ond Lieutenant Henry 8. McCorkle, Twenty- fifth infantry, four months; First Lieutenant John Adams Perry, Eighth infantry, one month. Looks Like n Healthy Gold Reserve. WASHINGTON, June 29.—Today's state- ment of the condition of the treasury show; Available cash balances, $193,826,502; gold re- serve, $107,532,240. e Bank Vakes Its Second Assignment. DENVER, June 20.—The People's Savings bank was forced to make a second assign- ment today. F. J. Spencer was named as assignee. The action was taken for the reason that sufficlent funds could not be raised to pay the July certificates. The bank has not besn open for deposits since the panic two years ago. At that time J. W. Graham was made assignee. A scheme was devised to pay the depositors by the certificate plan, and in May, 1894, the bank was taken from the hands of the assignes and placed under the management of the directors, The directors succeeded In paying the Installments when due until the present one, which is due Mon- day. There are no funds for the payment of this, hence the assignement, Bulns in Kansas and Okinhowa, WELLINGTON, Kan., June 29.—A steady downpour of rain, measuring nearly four Inches, has fallen here in the last two days. It came just in the nick of time to do corn the most good. HENNESSEY, Okl., June 29.—A econstant downpour of rain 1 night and yesterday flooded everything in the lowlands and creeks are rising rapidly. Corn will be greatly benefited. Gresham Will Filed in Indianapolis. INDIANAPOLIS, June 29.—The will of the iate secretary of state, Waiter Q. Gresham, was admitted to probate in open court today. Of Judge Gresham'’s estate about $13,000 of the property is located In this city and ek, W. Q. Gresham s made sole executrig. smmnpfifims NOT LIABLE Judgo Ross Stittatnod the Defondant's De- murrer iy, the Government Case. PRACTICALLY. SETTLES THE MATTER Stockholders'Individual Liability Act Passed After the Confract Was Made with the Government—Claim Is Une Agrinst the Koad, SAN FRANCISCO, June 20.—United States Circuit Judge Roes today rendered his de- cision on the demurrer of Mrs, Jane L. Stan- ford against the suit of the government to recover $15,000,000 from the estate of her late husband, Leland Stanford. The demurrer was sustainel. Judge Ross allowed the gov- ernment to change its former complaint and reargue its case if desired. It was intimated, however, that this step would not affect the case, the law as construed by Judge Ross not favoriug the case of the United States The sustaining of the demurrer was a sur- prise, attorneys generally expecting a con- trary decision The court began by reading and explaining the acts and statutes, both state and federal, which had any bearing on the construction of the Central Pacific railroad and its branches. “All railroads west of the Missouri river were,” he sald, “constructed under the same acts, so it one road was llable to the gov- ernment, all of them were liable. In nearly all of the corporations, Leland Stanford was a stockholder, and, together with C. P. Hunt- ington and other Incorporators, he owned 130,880 shares of the stock. The government, according to its contract, 1ssued bonds to aid in the construction of this road. Though the roal was built under the contract, it was in corporated under the laws of the state. Therefore it became in a way amenable to tho laws of California, providing that the stockholders of corporatins are individually responsible for debts contracted by their companies. He held this did not affect Mr. Stanford, as the government claimed, for the reason that the stockholders’ lability acts were passed after the government had made its contract with the Central Pacific. If those laws had been pasesd before the gov- crnment bonded the Central Pacific, how- ever, it would have made no difference, the government had no intention of making the stockholders of the railroads it bonded personally responsible for the debts con- tracted by the company. FORECLOSURE THE REMEDY. “The Central Pacific,” the court continues, ad something of a national tone to it. ‘When it was completed the country was in a state of turmoil. The government wanted quick communication between the Atlantic and Pacific oceans. At that time the build ing of the road was a great undertaking—an undertaking too vast for private enterprise. So the government, to ass't in the work, Is- sued the bonds, and in this way made the railroad builders practically agents of the United Stat It was very plain that in case the railroad did not pay the bonds upon maturity that the secretary of the treaswry has the power to take possession of the roads. The bonds are \dentical with a first mortgage. Did the compdnly which became indebted to the United States promise to repay the money ?” asked the dourt. “The statute on_this point is not very explicit, which is to be very much regretted,” said the judge. ‘A promise only is implied. There was no ex- plicit_or unfulllled agreement between the corporations and the government. It Is to be observed that the lands and bonds were not to be delivered to the company until the road was equipped. Here is found a promise, but is it an unqualified promise to repay the money? “The governiient had no intention of mak- ing these men individually responsible,” said Judge Ross. ‘“Dhat queston never entered into the contraet. The covenant did not stip- ulato that the stcckholders should repay the bonds. The acceptance of the bonds was an implied act of the stockholders to pay them, The stockholders accepted the assistance of the government with the agreement thal they should pay for it, that was all. In ac- cepting them, of course, it was belleved that they woull repay them. The question re- mains, however, whether the liability rested with the stockholders. There are no common law llabilities. The state law fixes the lia- bility of stockholders in proportion to the amount of stock they poss That law, howover, cannot be held to apply in this case as it was passed subsequentiy to the making of the government contract with the Central Pacific company. The real question involved is whether thero was a liability proviso. Re- verting to the provisions in the law of the United States there can be found no such agreement. The statutes do not hold the de- fendants liable. There is absolutely nothing to establish this fact, and I sustain the de- murrer and give the plaintiff the power to amend,” concluded Judge Ross. piism b ASKS RELEASE FROM A BAD DEAL Michigan Man Paid a Big Price for Land on a Clairvoyant’s Representation. KANSAS CITY, June 29.—George P. Fuller of Kalamazoo, Mich., has asked the United States circuit court to release him from a contract iavolying $47,550, which he entered into because of his unbounded falth in a clairvoyant. Fuller says that in November, 1892, ho was induced to purchase 1,415 acres of land in Barton county, Mo., for $47,660. The land was owned by Augustus De Lissa. Fuller was informed that the land was sup- posed to be underlaid with valuable mineral deposits. He consulted a clairvoyant, Mrs. gstelle Van Arsdale, who pretended to find that the land in question was rich in deposits of gold and other valuable minerals. Fuller Jumped at the chance and bought the land, giving promissory notes, $24,000 of which is yet due. The precious metals did not ma- terialize, and the purchaser found that his land was good only for farming and worth about $15 an acre. He learned recently, he says, that Mrs. Van Arsdale was in the em- ploy of De Lissa and was acting under h's orders. Fuller claims he has paid $10,750 on the land and that De Lissa has pledged $11,750 of the notes to innocent parties. He asked the court to enjoin De Lissa from sell- ing any more of the notes and wants the court to order him to take back his land and | refund what has been pald on it. AGAINST OMAHA WATER WORKS. Judge Riner Gives the Farmers Loan and Truat Co. a Heavy Judgment. CHEYENNE, June 29.—(Special Tele- gram.)—A decree was signed here today by United States Judge Riner, glving the Farmers' Loan and Trust company of New York City judgnent on a mortgage against the American Water company of Omaha for $4,159,064.68. JIf the supercedeas bond is filed by the water company, the bond is fixed at $4,600,000. e Peralta Glalmanot Ho for Triak SANTA FE, N. M., June 29.—In the pre- liminary examinalion here before United States Commissiondr Pope the claimant of the famous Peralta’ land grant for 12,000,000 acres in Arizona and New Mexico was held in $5,000 bail ‘to appear before the United States court here i December ou a charge of filing a fraudulent claim against the United States. | The defendant, James Pe- ralta-Reavis, 15,tFyIng to secure bail, and it 1s believed he il 'succeed Uit Acquitted on His Fifth Trial MEXICO, Mo, Jume 29.—The jury in the George Lewis murder case today returned a verdict of acquittal. The people in the court room eyidenced thelr approval of the verdict by applauding. Lewis was waiting on Miss Anna Brown against her father's wishes. In a fight with W. R. Brown, the girl's brother, growing out of the relations, Lewls shot him dead. This Is Lewis' fifth trial. Ralding Gamblers at El Pas EL PASO, Tex., June 20.—Forty-eight ca- plases were executed today against gamblers, who gave $100 bonds in each case. Citizens aro determined to put a stop to gambling in spite of the indifference of the grand jury and city officlals —————— Fifteon- Year-Old Girl Commits Sulelde. DENVER, June 29.—Blanche Newberger, 15 years old, committed suicide by taking carbolic acid, because she had been severely scolded for quarreling with her younger sis- ter, IT MAY HELP SILVER _(Confinued from First Page) papers that her chaplain, Father Klein, & Jesuit, has also left the Catholic com- munion. CURIOUS OLD CUSTOM. A paragraph published this week that the duke of Mariborough had just sent a flag to the queen led the World correspondent to address an inquiry to the master of Blenheim as to the origin of this curious custom. The young duke at once sent the following reply: ““When Blenheim palace and park were presented to the first duke of Marlborough by act of parliament, one stipulation of ten- ure was that a flag bearing the three French fleur de 1's should be presented by the owner of the palace annually to the sovereign. This flag has to be presented in the library at Windsor castle on the anniversary of the battle of Blenheim, and it is placed opposite the flag which the duke of Wellington has to present in the same manner to the queen on the anniversary of the battle of Waterloo. If you Intend writing any detailed account of the matter I should advise that you come and inspect the flag for yourself, as it I8 hung In one of the rooms that are open to the public for inspection on Mondays, Thursdays and Satur days in each week. You will then have an opportunity of making any notes that sugg themselves to your mind. “MARLBOROUGH." The salaries of the seventeen members of Lord Salisbury’s csbinet aggregate $450,000, as agalnst $54,000 paid to the elght members of President Cleveland's cabinet, or, including his salary, $114,000. The premier gets no salary as such, but as fore'gn secretary the marquis of Salisbury gets $20,000 per annum. Each of the other secretarles of state, ay well as the chancellor of the exchequer, as the first lord of the treasury, Mr. Balfour, receives the samo salary. The lord chancellor gets $50,000, and the lord lieutenant of Treland $100,000. George Curzon, who married Miss Leiter, and who is poor, receives $7,600 as under forelgn secretary. Much surprise ls felt that he did not get a seat in the cabinet. CHAMBERLAIN'S CANDID OPINION, A public opinion of his present chief ex- pressed by Mr. Chamberlain eight years ago is published this morning. “‘Lord Salisbury,” said his lordship's pres- ent colonial secretary, ‘‘constitutes himself the spokesman of the class to which he him- self belongs, who toil not, neither do they spin, whose fortunes, as in his case, orig- inated In grants made long ago for such serv- ices as courtlers render kings, and have sinco grown and increased while their owners slept by the levy of an unearned share on all that other men have done by tofl and labor to add to the general wealth and prosperity of the country of which they form a part.” BALLARD SMITH. CAPTUKED MACEO CLAIM TO HAVE Leader of the Mulatto Forces In Cuba in a Spanish Dungeon. MADRID, June 29.—According to a report recolved here today, General Antonio Maceo, the Cuban insurgent leader, has been cap- turad by Spanish troops and consigned to prison pending orders from Captain General Martinez de Campos. WASHINGTON, June 29.—Minister Dupuy de Lome of Spain has not received official confirmation of Maceo's capture. If con- firmed, the minister regards the capture as a most important development, as Maceo is a mulatto who has been at the head of the negroes and his apprehension will, it is believed, put down the uprising of the blacks. 'Maceo started his expedition from Costa Rica last spring and has led a large force of negroes who have been operating of late around Santiago de Cuba. He is a man of much ability and was in charge of the government tobacco plantations in Costa Rica, The latter country took occasion when Maceo started on his expedition to assure Spain that he had no government sup- port. Next to Gomez and Marti he had been the most conspicuous figure in the rebellion. CLOSED A" USEFUL CAREER Prof. Huxley Passes Away at London After a Long Illnoss, FOREMOST SCIENTIST OF HIS DAY Distingulshed in the Sclentific World as & Bold and Original Thinker for More Than Half a Century, LONDON, June 20.—Prot. Thom: Huxley, after a lingering illnes afternoon at 3:45 o'clock Prof. Huxley, among all the great sclen- tists of the modern age, bas easily stood at the head. For many years he has been one of the most indefatigable workers in biologi- cal science, and he has especially distin- guizhed himself in the comparative study of the anatomy of both the vertebrate and in- vertebrate animals, and the systematic ar- rangement of organisms. Always strikingly original in thought, he has proposed several bold rearrangements of animals into new classes. His theory of protoplasm, his able advocacy of the Darwinian theory, and the doctrine boldly advanced by him that the seemingly voluntary movements of animals and even of men are automatic and independ- ent of will, have attracted much attention in the scientific world. Prof. Huxley was born at Ealing, Middle- sex, England, May 4, 1825. He became a student of Charing Cross hospital in 1842, and threo years later graduated with high honors at the University of London. Immediately after his graduation he was appointed as- sistant surgeon of the royal nayy, and In that capaclty made a cruise around the globe. In recognition of his observations in natural eclence, made on that cruise, he was ad- vanced rapidly to the head of sclentific in- vestigation in England. in 1854 he became professor of natural history and Fullerian professor of physiology; Huntington professor in the Royal College of Surgeons from 1863 to 1869; president of the Geological and Ithnological societies fn 1860-72; secretary of the Royal society in 1872 He {s the author of many scientific works, which have a high place in the libraries of the world, among the most prominent of his writings being “The Oceanic Hydrozoa,” “Man's Place Nature,” “On the Physical Basis of Life, and “introduction to the Classification Animals.” Henry died this of e iigemenad Killed His Wife with an Ax. NEVADA, Mo, June 29.—Willlam Wright, colored, brained his wife with an ax this morning and then escaped. They quarreled last night and Wright was arrested. He pleaded guilty this morning, paid his fine and returned home. Mrs. Wright refused to ad- mit him, when he broke the door in with an ax and murdered her. —_—— Nebraskan Coming Home, LIVERPOOL, June 29.—The Cunard line steamship Lucania, which sailed from this port today for New York, had among her passengers Mrs. Alva Vanderbilt, accompa- fnied by her daughter and son, ex-Judge Curtis of New York, Mrs. Sam Boles of Springfleld, Mass., and Mrs. H. T. Oxnard of Nebraska. T Slight Frost in Wiseon: MARSHFIELD, Wis., June 29. a slight frost here last night, but little dam- ake was done. Crops are looking fine and give promise of a big ylell Bulllon Treated at Denver. DENVER, June 29.—The value of all the bullion treated at the Denver mint during the fiscal year ending today was $5,614,642, a gain of $2,374,061 over the previous year. BI6 FIRE IN PROGRESS IN CHICAGO All the Engines in the Department Same moned to the Scel CHICAGO, June 30.—1:30.—A four-eleven, general, alarm has been turned In for & big firo in the wholesale district at Madison stroot, mear Franklin. Marshal Fleld's and Carson, Plorre, Scott & Co., large wholesale dry goods houses, are within half & block. Two men are reported to have been carried out of a burning building already, badly | burned. T AR Powder Works Fire Gave Them n Soare. OAKLAND, Cal., June 20.—Fire broke out this afternoon In the works of the California Powder company at Hercules Point. The sulphur house was soon consumed and t fire began to spread in the direction of the storage house, where 500 tons of glant powder are kept. By herolc work on the part of the employes the flames were kept from ti storage house and the fire at 5:30 was under control, later being entirely extinguished. Hot coals dropped on the woodwork by & plumber started the fire, The loss will be about $15,000. When the news of the fire reached Oakland the whole town became panic stricken, as an explosion would have done enormous damage here. R - sl SR Worked the Old, Old Gawme, KANSAS CITY, June 29.—Frank Smiley, said to be a notorfous confidence man, wanted in Texas, was fined in court here today for trying to play the lock game on A. J. T. Schroff, who had come to town to see the sights. 3 J Are cut of the question when tore tured and disfigured with Eczema. It is the cause of more intense suffering than all other skin diseases combined. Tender babies are among its most numerous victims, They are often born with it. Most remedies and the best physi- cians generally fail even to relieve. If CUTICURA did no more than cure Eczema, it would be entitled to the gratitude of mankind. It not only cures but A single application is often suffi- cient to afford instant relief, permit rest and sleep, and point to a speedy, permanent cure, CUTICURA WORKS WONDERS be- cause it is the most wonderful skin cure of modern times. throughout the world. Price, Curicur “Rayorvar, 31, Vorrs “n:?u’:-' Yo Bosion, <A Sbout the Skin'and Blood” 64 pages, mailed fres. \.\‘\\a $9.00. o8 o o S R R ON MONDAY . WE OFFER A THOUSAND CHOICE Too many short lengths on hand. them up in one day. 207 South 15th Str. - If you appreciate a snap-—place your order early, as this unusual price will clean From fabrics that have sold all season at $7.00, (Some at $10.) ENMNANTS FOR PANTS AT FOUR DOLLARS. $8,00 and That’s STORE OPEN AT 7:20 A. M. Not more than 2 pair to a customer. K |