Omaha Daily Bee Newspaper, August 10, 1895, Page 1

o — ESTABLISHED JUNE 19, 1871, OMAHA, SATURDAY MORNING, LEFT FOR HIS SUCCESSOR Oool Remark of the Chinese Viceroy While the Missions Were Burning, STATE DEPARTMENT RECEIVES MORE NEWS | Information Shows that Regular by Officers Who Were Indifferent to Appenls. WASHINGTON, Aug. 9.—Acting Secretary Adee has received advices from United Btates Consul General Jernigan at Shanghai dated July 12, enclosing four letters received by him from missionaries, giving in great de- tail accounts of the events in China leading up to the riots against the missionaries at Cheng Tu, in the province of Szechuen. One of these, froma Spencer Lenler, very compre- heusive in scope, dated Chung King, China, s that the West China mission of the Methodist Episcopal church i the only Ameri- can missior represented at Cheng Tu. The missionaries there were Rev. H. Cady and wife end Rey. J. F. Peat and wife and two children. This mission owned but one piece of property in Cheng Tu, on which was a Clinese bullding fitted for the residence of two families, a’ Chinese building used as a chapel, a dispensary and minor structures. Mr, Lenier says that substantially all these are gone, even the paving stones being carried out of the courts, The total loss, exclusive of personal losses, is about 6,000 taels, The Baptist American Mission union had stations at Sui I'u, Kiang and Ya Cheo. The mission and personal property in Ki Ting | and Ya Cheo is probably all lost, though par- | tleulars had not been received by Mr. Lanier when his letter was written. At Sul Fu the Americans owned a great deal of property but not much damage was done to it. Mr. Lanier describes the various attacks made on the missions at Cheng Tu, the par- ticulars of which have been print:d in the American newspapers. At the attack on the premises of the Canadian Methodist missions, the two physicians fn charge of the hospital and chapel which were afterwards looted and burned kept the mob at bay, but the offi clals would glve no assistance although sev eral of them were quite near, Late that evening, May 28, the members of the Ameri- can Methodist mission sought refuge in the district magistrate’'s yamen but were refused and told they would be protected if they re- turned home. Relying on this promise they were entirely unprepared for the mob which soon visited them and had barely time to escape. Operations were renewed by the mob at daybreak next day and before noon the attack was general on all the Catholic and Protestant mission places. The American Mathodists from their hiding places in an attic only six feet away, watched the mob for twelve hours plundering their houses Some of the 10,000 soldiers of the proviace assisted in the looting and dug up a number of bones which they took to the district magistzate’s *amen, representing them to be the bones of babies which the foreigners had eaten. VICEROY TO BLAME, The viceroy, says Mr. Lanier, and conse- quently all lower officlals, were simultaneously suffering from a severe attack of indisposi- tion. He makes serious charges against the viceroy, Cleo Taotis, claiming that as he had been degraded and was socn to be re- called, he was HeNt on giving a parting hit both at the foreigners, whom he hated, and the government. When the flames burst forth from the Roman Catholic bishop's resi- dence, scarcely a stone’s throw from the viceroy’s yamen, the viceroy remarked, ac- cording to Mr. Lanier, that this was a matter for ki successor to attend to, and he states that only after everything was quite de- stroyed did the viceroy make an effort to restore order, In the meantime sending out telegrams that a mutilated child had been found at a foreign place, with a result that nearly all the natives believed the story. Mr. Lanfer scores the viceroy severely and demands the punishment of hostile officials, A letter from Mr. H. L. Canwright con- firmed Mr, Lanier's statements. George W. Hill of the Amerlcan Baptist Misslonary union at Ya-Chan tells of the fiight of himself and party from that place and of an attempt to mob them while pro- ceeding down a river in a boat. He was yn- ablo to tell at the time the letter was writ- ten whether the Baptist mission property at ¥Ya-Chan had been destroyed, but he learned before leaving that all the stations of the Cheng-Tu and Ya-Chan roads, Catholic and Protestant had been looted, and there had also been riots at Hung-Ya, Kia-Ting, Sur-Fu, Li-Chinang and other places, where the mis- slons were attacked. Mr. Hill praises the action of the Chinese officials in giving them every protection at Ya-Chang. No officlal advices have reached the State @epartment concerning the reported destruc- tion of American mission property at Inghok China. It is believed at the Department that the place referrel to Is Sul-Ling, where troubles were reported two days ago, and that this second report relates to the same fncident. DENBY DOING WHAT HE CAN. Acting Secretary Adee received a telegram from Asheville, signed jointly by the South- ern Methodist and Presbyterian Missionary aociety officials, confirming the report of the outrageous character of the Ku-Cheng mas- sacre, and urging the State department to protect the American missicns In China. Mr. Adse has responded by telegraphing that Uuited States Minister Denby has already taken the most vigorous measures to secure the safety of the Americans and that renewed 4nstructions to that end have already been mailed to the minister. It is believed that Mr. Denby is doing everyth!ng possible to care for the missionaries, but there are some things beyond his power to accomplish at this time. He has for many months per- gonally and through the American consuls in China urged the missionaries to come from the dangerous interior posts to the treaty ports, representing to them that no matter how much Inclined he might be to do so, he could not dispatch ships overland or up sha low streams to protect them. Admiral Car- penter s also willing to do everything proper toward co-operating with the minister, and if he belleves it to be prudent to send some of his sailors and marines overland through a hostile country, he Is fully authorized by his instructions from the Navy department to do so. The State department expects to procure full and ample reparation for the damage sustained by the Americans in China, and, in- deed, Minister Denby has alrendy made a most vigorous demand on the Chlnese govern- ment to that effeet. OFFICIALS LEFT FREE TO ACT. Consul General Jornigan has taken a great @eal of fnterest in the recent troubles and has sent soveral dispatehes to the State dopart- ment glving information and making sugges- tions for protection. The State departme has not called upon the navy for any ship or force to land and procesd into the Interlor. Minister Denby has authority to call upon Admiral Csrpenter for United States fores and under Nis fustructions the admiral is bound to furnish thew. Both State and Navy dcpartients belleve that the United States representatives ou the ground, clothed with ample powers, are better able to act for the best than those here In Washingten. Accord fugly Secretary McAdoo siid today that he #uld ghve Admiral Carpenter »o Instructions, espocially as Minister Denby had not asked that anything be done. As fo e suggestion that the adwiral should sead a force in boats, Bio sald that the minister and admirsl were Detter able to know whether sich a course was wise. It might be & sacrifice of men to send them eeversl hundred miles into the in- terfor. The British government had more cause for making a demonstration than the - United States, and no doubt the English forens had been sent to the scenc of the treuble, Mr. MeAdoo sald that an order from bl te Admiral Carpenter might wholly in- rfors, Wbk plage. ox ape ARRANGEMENTS FOR THE FUNERAL Late Justice Jnckson Will Be Buried Mondny Forenoon. NASHVILLE, Aug. 9.—The hour funeral of Justice Jackson has been 10:30 o'clock Monday morning. It was at first intended to have the funeral Sunday, but a delay was determined upon In order to give Chlet Justice Fuller and the other members of the supreme court time to reach here. The Nashville bar met this morning and appointed a committee to draft resolutions in regard to the death of Justice Jackson, to be acted upon at an adjourned meeting tomorrow morning. BUZZARDS BAY, Mass. Aug. 9.—Presi- dent Cleveland this'morning sent the follow ing telegram of condolence to Mrs. Jackson, widow of the late Justice H. E. Jackson: “BUZZARDS BAY, Mass. Aug. 9.—To Mrs. Howell E. Jackson, Nashville, Tenn: I deeply symphatize with you in your terrible bereavement, while I mourn the death of a devoted friend and the nation’s loss of a wise and upright judge, a useful citizen and honest man. for the fixed at GROVER CLEVELAND.' WASHINGTON, Aug. 9.—There is much speculation as to who will be President Cleve- land’s choice for the United States supreme court bench to succeed the late Justice Jackson, but beyond the mention of availabie names there is little of a definite nature thus early. It is the general understanding that no appointment will be made until after the meeting of congress, as the place Is one of too much importance and dignity for a re- cess appointee to go on the bench and take the chances of subsequent rejection by the senate. Therc has been no case in the r cent history of the country where an appoint- ment has been made to the supreme bench during a congressional recess. It is suggested that the selection fs most likely to be made from the east, and prob- ably from New York, as Mr, Cleveland made the last appointment—that of Justice White. from the south, after the senate had rejected the names of Hornblower and-Reckham, both of New York. When the serious illness of Justice Jackson was first announced last spring gossip mentioned the name of Mr. Bissell, then in the cabinet, as the probable successor. The same suggestion is heard at the present time. As is usual when an im- portant place is to be filled, the name of Secretary Carlisle is mentioned, but the gen- al opinfon is that should Mr. Cleveland go to his cabinet for an appo'ntee he is more likely to consider Mr. Wilson or Mr. Smith. The name of Representative Patterson of Tennessea will probably be called to the at- tention of the president, as he comes from the state of the late justice, and is known as a most loyal friend of Mr. Cleveland. The names of Don M. Dickinson and Solicicor General Holmes Conrad are also mentioned. There are persons, however, whose relations with the president are of the closest charac- ter who believe that Mr. Cleveland's first cholea will be Mr. Olney, the secretary of state. It s known that he places implicit confidence in the soundness of Mr. Olney's opinion on all important legal questions which come before hiim, and that he fully appreci- ates the great assistance Mr. Olney has ren- dercd him in the disposition of the great questions that have arisen during the last two years. Whether Mr. Olney's residence in Massachusetts will render him unavailable is not known, but it Is the optilon of many well infcrmed persons here that but for this ob- jection he would surely be the man. Next to iim, Mr. Rufus Peckham s thought by many to be the most likely to receive the nomina- tion HUSBAND AND NITED, Mr. nd n fe in Chicago. CHICAGO, Aug. 9.—Very affecting was the meeting in Chicago between Mrs. Annle M. Gardiner of Arcadia, Neb., and her husband. The woman has become known during the last month on account of her mysterious disappearance from the Christian Endeavor convemtion in Bostcn. She was found by J. W. Landers, a friend of the family, while she was serving as a domestic at Norwich, Conn. Mr. Landers telegraphed to Mr. Gardi- ner, and the latter reached Chicago a short time before Mrs. Gardiner and Landers came from the east. After an affectionate meeting the husband and wife went to the Palmer house, at which hotel they will stay while Mrs. Gardiner is under medical treatment Mrs. Gardiner shows the effects of the illness which resulted in her disappearance. She is wan and pale, but is convalescing. She talks but little, and sees no visitors. The wel- fare of her children worries her greatly, and her first question to her husband was re- garding them. Mrs. Gardiner's erratic actions are said to be due to a chronic ailment, which the long rail journey to Boston aggravated. She says an uncontrollable desire selzed her during the convention to scek an asylum away from her friends. She never intended to return to Arcadia, and wished to take up her residence at a sanitarium, in which she could receive treatment. With this idea in view she sought Norwichtown Green, a suburb of Nor- wich, and took service as a_domestic under the name of Dorothy Mansfield. How she was discovered by Mr. Landers has already Af- been told in these dispatches. e THREE PHILADE IA FATALITIES Ironds an Iley Cars Poo wues in Destroying Lives, PHILADELPHIA, Aug. 9.—Three persons were killed and two seriously injured on the rail In this city this morning. A wagon driven by Willam Hasson, was struck by a Pennsylvania railroad locomotive on the outskirts of the city at a grade crossing. The vehicle was smashed and Hasson w instantly killed. Edward Miskell and John Hasson, a younger brother of William, who were aiso in the wagon, were seriousiy in- jured internally. They were taken to a hospital, wtere the physicians say their con- dition 1s critical, At about the same time In another sec- tion of the eity Martin Ervin, while crossing the tracks of the Baltimore & Ohio railroad was struck by a locomotive and instantly Killed. Willie Stanley, 6 years old, was ground to pleces under the wheels of a fast flying trolley car at 9 v'clock near his home in West Philadelphia. saalie 8 WHY THE BONDS ARLE Are Worth More In the U Thum | England, NEW YORK, Aug. 9.—A prominent dealer In United States government bonds in this city, speaking on the subject of the return of the new 4s from Europe, said: “The return of a portion of the United States bonds sold in Europe need not occasion surprise and is not due to any distrust of the security of the investment; but they come Lere for the sim- ple reason that the honds are worth more to this country than in Europe. National banks can use them as a basis for additional circula- tion, Ingurance and trust companles cin em- ploy thelr idle capital, which Is now bringing them but a fractional rate of interest, by In- vesting In the bonds and for the same rea- son that similar institutions in London pur- chase consols, while the large number of trustees limited by law as to the character of their Investments find it of greater advantage to buy governments than to allow trust funds to lie idle in banks.” MING BACK States rie g Ravages of Cholera In Ja PITTSBURG, Aug. 9.—The ravages of the cholera in Japan are set forth this week in a letter received by the friends of Miss Aunie Davis of this city, a misslanary in Japan. Heretofors, Miss 'Davis states, the cholera has been confined to certain places and densely populated districts. But owing 1o the war the soldiers have scattered every- where, and in their tracks the cholera has followed, untll safety is found almost no- where. Two Men Want the Place Already. FRANKFORT, Ky., Aug. 9.—Senator Wil- llam Lindsay will be pressed for the supreme bench to succeed Justice Jackson and See- retary Carlisle will then be re-elected to the senate. In Clucinnatl there is a mov ment for the At of Al Gen- wmmm P FIND MEXICO A POOR FIELD Cuban Cause Gets Little Money or Sym- pathy in that Country, SPANISH MINISTER UNBURDENS HIMSELF Mother Country Will Likely Pre a Claim Against the United States for Ald Furnished the Insurgents. CITY OF MEXICO, Aug. 9.—Duquede Aros, the Spanish minister, said today in an interview regarding the suspiclous steamer which put In at Asla de Mujares on the Yueatan coast that the Spanish Progoso advised him promptly of the arrival of the vessel at that port. The minister says, however, that he does not belleve that the steamer James Woodal is the one which had armed men aboara. He thinks it was an un- known steamer with Central Americans heavily armed. The authorities notified him that for lack of men they did not guard their coast. He did not believe public sentiment here would permit the violation of neutrality laws, and if all other nations had been as careful in this respect there would be no re- bellion in Cuba. Although there are Cuban clubs in the coast towns of Mexico the miin- istef considers they would be of little use to the rebels either in the way of money or re- cruits, La Cret, the chief of the expedition which came to grief in Jamaica, came in h-re to see what he could do in the way of raising men and money, but disgusted with his non- success went to New York. The minister asserted that when the rainy season ends in Cuba the Spanish government will make a supreme and irresistible endeavor to suppress the rebellion, having 25,000 men and forty batteries of artillery. Regarding the attitude of the United States. its press and people, who are alleged to be almost universally in sympathy with the Cubans and giving open aid to the rebel cause, the minister inttmated that Spain would ask explanations and would exhaust diplomatic resources before proceeding fur- ther, but would then act as circumstances should dictate. He would prefer that Cuba, as a last resort, be annexed to Mexico, then become a part of the United State A man named White, an American, was as- sassinated yesterday in the Interior of Yucatan. SILVER IS DORMANT, ver Lit- whand, Charles London, was in- terviewed of the Associated press in regard to the chances of a monetary conference being called. He said: “I could not discover in my travels in England that any interest In bimetallism was taken among the people. They do not discuss it and do not seem educated up to it. Mr. McNeil, secretary of the Bimetallic league, informed me that the membership of the league is rapidly increasing, but what they consider rapid in England would be very slow in America, “I have been invited to meet some of the leading bimetallists. and perhaps they will show that the causc is developing more than I have reason to think it is.” Mr. Crisp was asked If there was any likelihood that he would be the successor in the supreme court of the late Judge Jack- son, but he refused to discuss the ques- tion, The United States Ambassador, Hon. Thomas F. Bayard, has visitel Mr. Crisp at the Victoria hotel, where he is stopping. He has also been dined by Mr. Richard Croker. GONE OVE LONDON, F. Crisp, Aug. who is now in by a reporter R TO THE INSURGENTS, Confirmnti: of cerning Mayor of epirit TAMPA, Fla, Aug. 9. report that Marcios Garcla, the mayor of Santa Espirita, and a wealthy and respected leader of that dlstrict and an insurgent chief of the last rebellion, had Joined the Insurgents, was confirmed today by private advices by steamer from Cuba. The advices says he took with him 2,700 men. The news created great re jolcing among the Cubans. its importance cannot be overestimated. Both here and in Havana he had the confidence of the Spanish authorities. The same advices say that the province of Matanzas has completely revolted, and that serious_conflicts have occurred there, The Spanish papers admit that in one place three Spaniards were killed and the rest of the band were wounded. Owing to the cen- sorship the entire story is not told. La Luch publishes an official telegram that had been sent to Madrid, which states that the people of Santa Espirita had joined the insurgents. All sources confirm the Asso- clated press reports. Tie Cuban leaders here received last night a letter from an officer in Roloft's expedition, stating that they unloaded everything with- out loss. Reports Con- Still Fighting the Mora Claim, MADRID, Aug. 9.—At a meeting of the Carlist and republican deputies the repub- lican members present pledged the two par- ties to oppose the payment of the Mora claim. In addition it was decided to send a petition to the queen regent against the decision of the gdvernment to pay the claim, and if these steps were not success- ful in preventing the payment, the deputies decided to Issue a manifesto to the nation. Tarks Attack an American Mission, CONSTANTINOPLE, Aug. 9.—Advices re- ceived here from Tarsus, Asla Minor, says that a mob has attacked the Amerlcan school at that place, maltreated several of the students and threatened the missionaries, No details of the affair have yet reached here. Six Fix i Missing, VANCOUVER, B. C., Aug. 9.—The latést advices from the mouth of the Fraser river state that six fishermen are still missing, and, as three days have elapsed since they were seen, grave fears are entertained for their safety. Steamer Warrimoo Agrou VICTORIA, B. C., Aug.-9.—The Canadian- Australian steamer Warrimoo Is ashore three miles from Carmanha point, where the Duchess of Argyle was lost. She is afloat forward and will probably float at the next tide. Sixty ouses Burned, CITY OF MEXICO, Aug. 9.—Fire In the town of Catopec Costeles, state of Guerrero, destroyed sixty houses, consuming every- thing the inhabitants possessed. Han, RIO DE JANEIRO, Aug. 9.—It Is reported that a number of Italians employed on the Rio Doce railway have been killed during the riots ut Vietoria, Rl e Troops f Cub: MADRID, Aug. 9.—Thirty-three thousand trocps will be dispatched to Cuba this month and 20,000 more in October, if necessary. Spain Drawing Recralts, BUENOS AYRES, Aug. 9.—The Spanish consulate here has enrolled 600 Spaniards for service against the insurgents in Cuba. Tust Bring China to Account, LONDON, Aug. 9.—~All the morning papers have editcrlals urging the necessity of action in China to protect Europeans. Sultan Hux n Generous Streak, CONSTANTINOPLE, Aug. 9.—The sultan has ordered that £200 be distributed among the inhabltants of Sassoun. Appointed Censor of War News. HAVANA, Aug. 9.—Senor Pedro Mirallos lulualmhm‘ulmo(_'unn. consul at | AUGUST 10, 1895. SINGLE €OPY FIVE CEN ASSAILED THE LIQUOR SELLERS, Strong Resolutions Adopted by the Cnt fe Total Abstinence Ulon, NEW YORK, Aug. 9.—The delegates of the Catholic Total Abstinence union met early today, President Rev. James M. Cleary in the chair. A telegram of greeting was read from 500 Keely cure graduates now in ses- sion at Plainfield, N. J. A letter of regret from Rt. Rev. James McHoldick, bishop of Duluth, was read, aftef which Rev. P, 0'Brien, chairman of the committee on reso- lutions, presented the majority was a’ bitter attack on liquor sellers and asked those engaged in the business to give it up. Tt also advocated a strict Sunday socfal law. The resolution attacked the press, Archbishop Corrigan and Mgr. Satolli. Father Zurcker of Buffalo presented a mi- nority report. The main portion of his report was the same as the majority report, but he attacked the St. Vincent abbey beer and (o] olics generally for making beer. “That's the darky behind the fence in my report,” sald he, Rev. Father Ward moved that the majority report be received and Father Zurcker's ref- erence to the Vincent heer be incorporated therein. America would respect Catholics they took a bold stand én this guestion. Father Walter Ross of Ohlo said they were a national body and should pass resolutions dealing with the national question and not designate any particular place or diocese. moved the following resolution: “Recognizing the inconsistency of declaim- ing against Catholic laymen in the liquor business, while passing over in silence the unseemly spectacle of religious men and clergymen encouraging the traffic, the union deplores the continuance of this unedifying example, and hopes for its speedy suppres- T Father Kelly said there was no sincerity about this, for Father Ross, at the meeting of the committee, voted against his own re- solution The chairman said that this could not be allowed. Delegate Magee of Minnesota, a colored man, was the next speaker, He was _vociferously cheered. “The darkey,” sald he, “has been smoked out of the wood- pile and crossed the fence” It seemed to him that this thing had been tolerated too long. In his state they were told ‘“they cane drink the St. Vincent beer; it's holy and won’t do us any harm." of the minority resolution. Father Doyle, in reading the resolution asked the dclegates were they willing to say that religious men and clergy were man- aging and encouraging the liquor business. There was a prompt no” and then Father Doyle said *“you cannot pags that resolution. Mr. Lake said such a resolution could not be accepted, as it would cpuse a miscon- ception in the minds of many people. further discussion the majority report adopted. St. Louis, Mo, was selected as the next place, and the first Wednesday of August as the time for next year's meeting of the union. Fathier Cleary of Minneapolls was unani- mously re-elected president and J. Wash- wag ington Louge was re-elected first vice presi- dent. J. S. W. Brennan of Mount Carmel, Conn., was elected second vice president; Mrs, Le- nora Lake of St. Louis' was unanimously elected third vice president; Rev. N. W. Mc- Mahon of Cleveland, O., who has been treas- urer for the past twelve years, was unani- mously re-elected to the office; Rev. Father Alex H. Doyle of the Paul church was simi- newly elccted officers then assembled on the plat- larly honored and re-eleeted. The form and took the obligation of office. Mrs. Lake announced that she had been asked by Miss Frances Willard to request the conven- tion to send Rev. George Oti of Chestertown, as fraternal delegate to the convention of the Woman's Temperance unfon at Balti- Ma. more. The matter was laid over without consideration for the present, Father Ott not conven- tion came to a close with a prayer by Father being a member of the nnfon. The Eiliott of the Paul church. The delegates will take a trip up the Hud- £on tomorro e HALF A MILLION GOES UP IN Destructive Fire Destroys ¢ of 1 her at Ogdens OGDENSBURG, N. Y., Aug. urs. the Skillings, company in Whitney & Barnes the eastern part of this town. The lecal fire department was inadequate to the in cope with the flames, and at 6 o'cl department from Prescot, Ont., arrived response to appeals for assistance, but from 10,000,000 to 12,000,000 feet of pine lumber were destroyed. It is valued at $500,000. The favorable wind continuing will enable the fire fighters to save the elevator, which, with its contents, is valued at $1,000,000. The warehouse, freight and manufacturing buildings and coal piles near the Vermont depot_are also believed to be safe. Dwellings on Washiggton street caught fire, but hard work on th! saved them thus far. MORE DESOLATE Indian Reservation vided Up Among the Tribesmen. SAN FRANCISCO, Aug. 9.—The United States government is making preparations to allot the Yuma Indlan reservation. are 44,800 acres of land In the strip, but it is estimated that 10,000 acres will cover all that may be called good Jand. The rest is rocks, sand, and a streich of brush and desert that grows worse and worse until it pitches off into the Salton sea, a streteh that blazes with heat at midnight. It fs below the surface of the ocean and more desolate than the Sahara. Surveyor General Green Is looking every day for the return of the sur- veyors from the reservation, When thelr re- port is made up he will forward it to Wash- ington and then the government will proceed to make the allotments, baged upon the num- ber of Indians on the reservation. L LY 1 ed by ST. JOSEPH, Mo., Aug. 9 well, manager of the Missouri-Kan phone company, was perhaps fatally injured, and Vance Lane, gang foreman, and A. Hen- drickson, a_laborer, were painfully injured here this afternoon’at Seventh and Edmond streets, by being buricd under a cave-in. A trench was being dug for the telephone com- pany, when several tons of earth sudden’y caved, partially covering up the three men. Remarkably quick work with pick and shovel alone saved the men from death. Stockwell had twe ribs dislocated and was severely in- jured in the back. Hendrickson and Lane were hoth severcly injured about the head and face. They will recoyer. Selected n Woman f(or Sheriff. SPRINGFIELD, Au; ~Mrs. Helen C. Stewart, widow of the late sheriff, Dan P. Stewart, was today appolnted sheriff In her husband’s stead to ho'd cfice until September 9, when a special election-will be held. Mrs. Stewart is 43 years old and has been married twenty-three years. She was born at At- lantic City, N. J. She has resided here for twenty years. Judges Ilepby. and Houston voted for Mrs. Stewart and Appleby refused to vote. Mrs. Stewart is the only woman sheriff in history, Ilinoix Corn Prosper. SPRINGFIELD, Ill, Aug. 9.—Reports re- celved by the State Department of Agricul- ture confirm the reports heard the past few weeks as to the condition of the growing corn crop, and the prospeet now is for one of the largest and finest crops ever raised in the state, The season has been exceptionally favorable for the growth and cultivation of corn. Will Send Mex. Waller to Parix WASHINGTON, Aug. 9.—A cablegram re- ceived at the State department from United States Consul Campbell at Port Louls, Mauritius, announces that he will send Mrs. Waller, wife of the ex-consul, and her four children, to Paris on the steamer leaving there on the 20th ins meel— Movements of Ocean Vessels, Aug. 0, At New York—Arrived—Dania, from Ham- burg; Elysia, from Genos; Britansic, from Liverpool; Normania, from Humburg. At London—Arrived-Cameo, from Quebec, At Southampion—Arrived—Fuerst = Bis- %m for New York. report. It | Father Zurcker said the people of | more if He He urged the passing After SMOKE at Plles ~Early this morning fire started in the lumber piles of Lumber Central part of the firemen has THAN SAHARA. Soon to He DI- There CAFFERY SEVERE 0N BOWLER Tells the Comptroller He is Setting a Dangerous Precedent. USURPING THE FUNCTIONS OF COURT timates that the Sever the Co He It the in President Might mptroller's Ofcial Present Course ed In, WASHINGTON, Aug. 9.—Senator Caffery took the floor when the sugar bounty hear- Ing was resumed today. He began by eliciting from Mr. Bowler a brief statement of his position, which that gentleman said was based principally on the beliet that the law was unconstitutional. Mr. Caffery then lald down the following propositions as con- taining In brief the points that he would attempt to make: 1. That the judiciary power lodges by express constitutional grant in the judicial department, and that alone. 2. judicial function lodges in any 2. 1 any other depariment it must be by expression ant, and If it lodges constitutional in the executive department at all it must and not in his subor- be in its chief alone 3. Conceding for argument's sake that the bounty law is not constitutional, it is not so clearly s0 as to warrant the’inter- pretation that it is unconstitutional even from a court, much less from a ministerial officer. 1t i not prima facie unconstitu- tional 4. Even conceding of the law, the power appropriate money, espe wropriated for the | wrong or injury in itself. He then the unconstitutionality lies In congress to ally where it is rpose of repairing icted by these almost e: of the proceeded to elaborate points in an argument devoted clusively to the constitutionaltiy bounty law. Mr. Bowler frequently Caffery’s remarks intimated that the diffi- culty that he (Bowler) encountered was to find authority on the part of congress to re- enact legislation which has been declared unconstitutional and have it considered bind- ing on the executive officials. But Mr. Caf- fery contended that the congressional pow- ers were unlimited. Speaking of the uncer- tainty of such questions when every occu pant of the comptroller’s office examines hi own opinion, he called Mr. Bowler's atten- tion to the fact that he was subject to re- moval at the will of the president, “If,” he said, “your views do not suit his, he can get a comptroller whose views do suit.” If the comptroller was to be given the power which Mr. Bowler was disposed to claim, that office would become of no less Judicial importance than the United States supreme court. Mr. Caffery said that after the Sugar trust became convinced that a duty was to be placed on sugar it had ransacked all corners of the globe for sugar until in July, 1594, tiey had secured between 800,000,000 and 1,000,000,000 pounds mere of sugar in this country than there had been the year before. In consequence of this action the price of sugar had been less under the ad valorem duty than when sugar was free. He dwelt upon the damage which had been done to the sugar industry, which, he sald, was trem- bling in the balance. Large sugar planta- tions could be bought for a song. Mr. Caffery referred to Mr. Bowler's inten- tions as a_proposed usurpation of power by the exeentive, saying that such action was more likely to destroy” the constitution than rebellion itself. It was a blow more de- structive, sapping the vitals of the republic. It was necessary that the varlous depart- ments should be maintained independent of each other. “You have,” he said, “invaded the judiciary and overthrown it. 'Let it he understood that there is a power concealed behind all these grants from the people and there is such a thing as an end of govern- ment and of constitutional control, I there- fore beg you to pause on_the thresliold of this action, weigh the damages and responsibilities of the step that you are about to take.” Mr. Caffery consumed the entire day with his arguments, and as a consequence the con- clusion of the hearing was continued until to- morrow. during Senator NEGRO MIN Go Back to SRS RE The nces U of Armed D SPRING VALLEY, Ill, Aug. 9.—Acting Mayor Hicks, with the city council, led about fifty deputies out to No. 3 mine today. Shortly after the arrival of the deputies the colored miners arrived from Seatonville, with representative business men at their head. The negroes appeared to be a little frightened, and were not comfortable. They were lowered down the mine and put to work alongside the white miners, but there was no trouble. No one attempted to ob- struct the program. The shaft is guarded, but everything is 50 calm that protection will apparently not be needed after a few days. The general belief is that the negroes will gradually leaye Spring Valley when the guards are with- drawn. —_—— Closing Up the Granite Compan SIOUX FALLS, . D., Aug. 9.—(Speclal.)— The largest foreclosure ever made in this county, and very likely the largest ‘ever made in the state has been begun here. It invclves $120,023, and covers the entire prop- erty of the Sioux Falls Granite company, lim- ited, including the quarries and townsite at Bast Sioux Falls and all of the buildings thereon. This winds up what was once the largest industry In eastern South Dakota, The Sloux Falls Granite company began bus- fness at the tima it was organized, in 1887, The business was the production of paving blocks and building stone, and the company at one time employed over 300 men, In 1889 the name was altered by the addition of the “limited” feature. At this time the comp: gave the Fidelity Loan and Trust company of Sloux City a trust deed for $120,000, to & cure a mortgige for §100,000 which the c pany held. 1In 1890 H. L. Greene of this ci was_appointed recelver for the company, an in the following year the property was trans ferred to Sioux City and Omaha parties, sub- ject to the trust deed held by the Fidel‘ty The trustees ran the property for two years at the end of which time G. H. Perry of this city was appointed as the second receiver, snd he is now closing the deal up. ———— Juror Brown Denies the Interview. SAN FRANCISCO, Aug. 9.—After an un- successful effort to complete the jury in the murder trial of Theodore Durrant today, the Qistrict attorney was permitted to question Juror Brown regarding his qualifications to serve. Brown related the history of the trial of M. D. Howell, charged with counterfeiting, from his own point of view. Brown stated that no reporter had asked him anything about the Durrant case, nor had he made any remark to any one since he had been sworn as a juror. He pronounced the alleged inter- view with fim wholly untrue. The district attorney asked permission to use a per- cmptory challenge on Juror Brown. The court took the motion under advisement until Monday. The managing and city editors of Examiner and Chronicle were in court to to answer to a citation, but no reference was made by the court or attorneys. sl ot e, Hottest of the Season, CHICAGO, Aug. 9.—Today was the hottest of the season, the thermometer registering 91 at the government weather station, and much higher on the strects. There were six pros- trations from the heat, but no deaths. The hot wave extended over this state and Indi- ana and Ohlo, and numerous prostrations are reported, the i Among Western N WASHINGTON, Aug. Tele- gram.)—The name of the postofice at Rocks, Prengle county, South Dakota, has been changed to Prengl James 8, Hoyt was today commissioned postmaster at Oleary, Ia, congress | ESTABROOK ON TH Tells the Chicago People the Order is Due to Ne Defeated In Omahn, CHICAGO, Aug. 9.—The Evening Post prints the following interview with Henry D. Estabrook of Omaha: - “According to the opinion of Henry D. Estabrook, the well known Omaha attorne who Is now visiting R. C. Clowry at 624 Dearborn avenue, the A. P. A’s will come out at the little end of the horn In the municipal row in which they have engaged in that city. The adherents of the assocla- tion control the politics of the city and state, but in attempting to run the Fire and Police commission, Mr, Estabrook thinks, they have overreached themselves. There has long been a sentiment against A, P. Alsm in Omaha, but never before has the opposition taken a definite shape. Headed by the frrepressible Editor Rosewater, the opponents of the lon seem to have victory within their grasp. “ ‘The A. P. A's control of Nebraska and the city but from present indications 1 think they will not win this fight,’ said Mr. Estabrook. ‘In spite of its scrength fn republican politics the assoclation Is not popular with the masses. The men who have come into prominence through th:ir affiliation with the order have been anything but a credit to American citizenship or American intelll gence. Most of them are non lescripts spewed up from the bottom of somewhere, and their records have not been such as to inspire confidence in the people. “The present A. P. A. war in Omaha was_caused by the association endeavoring to obtain control of the Fire and Police com- mission. For years these commissioners have been appointed by the governor, there being a law on the conferring that power upon him. A’s had a sufficient majority in the recent legislature to control legislation, and concelved the idea of changing this law so as to get hold of the commission. A bill was introduced and passed removing the power of fire and police commissioner appointments from the governor alone, and placing it in the hands of the governor, attorney general and commissioner of public lands. Silas A. Holcomb refused to attend the meet- ing called for the purpose of naming new members of the board. He was ity anyhow, so Attorney and Commissioner of Public met and appo'nted W. J. Broatch, Paul Van- dervoort and A. C. These men were to succeed the present fire and police com misslone but the latter refused to vacate Then the row began. ““The bonds of the new commission were approved by the Omaha city council,” contin- ued Mr. Estabrook. ‘Before the bonds were approved, however, the mayor of the city or some of his friends, went into court and secured an injunction restraining the council from accepting the bonds. ““*The council stands ten to eight A. P. A., T belie went ahead and approved the bonds. Some of the aldermen are liable to get into serious trouble over this violation of Judge Hopewell's order. The old bozrd holds the fort yet, and from the present outlook I should think that it is on top so far in the fight." ““What do you think will be the outcome of the dispute? hat is for the court involved is whether it Is unconstitu- Until the technical legal differences are straightened out the old board hangs on, and so the A. P. A. commissloners are on the outs. It is surprising the hold the A, P. A. has on Nebraska polities,’ concluded Mr. Estabrook. ‘“The men they elevate to office are as a rule a lot of nincompoops. There i Judge Scott, for instance, whose queer rul- ing have at'racted so much attention within the last few vears. The gentiment generally is against the unamericanism of the order, and I think Editor Rosewater will win in the fight he is making upon it. The result may make great changes in Omaha politics.’ " AL P AL WAR, the legislature council of Omaha The A. P. neral Churchill Lands Russell to decide. The point tional. COLORADO KEEPS UP ITS RECORD, Two Clo Which Did M n DENVER, Aug. 9.—A special to the News from Grand Junction, Colo., says: A cloud- burst along the base of the Little Book cliffs carried away a portion of the Little Book rail- road, also about fifty feet of the chute at the Gordon mine. The wall of water was about three fect deep as it came down the mountain side, but it only approached within two miles of the city, and comparatively little damage was done. A special Ench of to the News from Del Norte lo., says: A heavy cloudburst in the hills west of Del Norte Thursday sent immense vclumes of water down Francisco and Pinos crecks, doing much damage to roads, bridge growing crops, the Denver & Rio Grande rail- road track and the property of the Del Norte Brewing company. The water flowed from the 'ills to the valley on both sides of Del Norte, east and west. iRt SHEEPMAN SH Y A ROBDER. Jamen Schlitzing Probably Fatally Hurt Near Lander, Wyo. LANDER, Wyo., Aug. 9.—(Speclal Tele- gram.)—James Schlitzing, a sheepman who was driving along the road twenty-five miles from Themopolis, Johnson county, yesterday morning, was shot by a robber who attempted to stop him. The ball struck Schlitzing in the right arm, passed completely through his body and lodged in the left arm. A mes senger was sent here for a physician and a posse has gone after the robber. Girl Wanders Away from Home. CHEYENNE, Aug. 9.—(Special Telegram.) —About a week ago Lily Goldacker left her home in this eity for the ranch of J. L. Rus- sell, sixteen miles from here, where she had obtained employment in the Russell family Wednesday night after the family had re- tired. the girl was heard o leave the house No attention was paid to the matter at the time, but the next morning she was missing A thorough search of the surrounding country fatled to disclose any trace of her, and late last night Russell drove into the eity for as- sistance and to notify her relatives. A deputy sheriff, constable and several friends have gone in search. It is.thought that the girl, who Is somewhat demented, wandered awa from the house while asleep. She is 22 years cld, of medium helght and slightly cross- eyed. At a meeting of the board of trustees of the soldiers home held today, General F. A. Stit- zer of the state milita was unanimously elected commandant of the Home. The in- stitution wil be formally opened August 15, ard of Rewents Sesxion, CHEYENNE, Aug. 9.—(Speclal Tele- gram.)—The board of regents of the Wyoming State university held a meeting yesterday at which there were present: Hon. T. W. Burke, state superintendent; Miss Estelle Reel and Prof. J. 0. Churchill of Cheyenne, C. H. Par- melee of Buffalo, President Downey, Hon Otto Gramm and Miss Grace Reyman Hebard of Laramie. Mr. Gramm tendered his resig- nation as treasurer of the university, which was accepted. Hon. J. C. Dawis of Rawlins was elected to succeed the retiring treas. urer. " er Acelde Yy Killea, CHEYENNE, Aug. 9.—(Speclal Tele gram.)—Iner Bogelbretzen, a young man of 23 of Salt Lake City, was instantly xilled by the accldental discharge of his gun while hunting sage hens near Evanston, Wyo., to- day. A friend who was a short distance from him did not see how the accident occurred, but was at his side in a minute, only to find him dead. The deceased leaves a wife. The coroner's jury found a verdict of accidental death, Sulng for Thirty Thou CHEYENNE, Aug. 9.—(Special Tele- gram.)—A petition was filed in the dlstrict court of Carbon county at Rawlins today In the case of Joseph E. Simmons against the receivers of the Union Pac'fic Railway com- pany for damages in the sum of $30,000, Th ;cuou is brought l:r the loss of an arm while immons was in the company's employ as an englueer, » nd. Nebraska statute books | they | Governor | \ the minor- | >, and in defiance of the court’s rilingq DECISION EXPECTED TODAY Court's Opinion in Police Commission Case May Be Handed Down. MR, GREENE'S CLOSING ~ ARGUMENT Object Attt poi o Alleged of Ch Arguments in the case brought by Mayor Bemis and the members of the Board of Fire and Polices Commission, by which they sought to secure an injunction against the Churchill-Russell board to restraln its members from acting or attempting to act as police commissioners of the city of Omaha, and interfering with the discipline of the police force of the city, were completed at 8 o'clock yesterday, Judge Hopewell announcing that he would hand down a decision at 2 o'clock this after= noon The argument was resumed by in the morning, being continued ferent line, tending to demonstrate that the Injunction was a proper remedy for the board under the eclrcumstances; in fact the only remedy, and one to which the board was justly entitled for the safety and peace of the city of Omaha and the preservation of law and order until, in an orderly way, the supreme court could pass on the great constitutional ques involved in the struggle. Has a Greene, beir dutfes cuss Mr. Greene along a dif- ons court of equity asked Mr. “the right to protect officers from obstructed in the performance of thel That is the question I wish to dis- this morning. We were under the law driven to take the course we did. The supreme court in the cake of Thayer against Boyd laid down a rule which we were bound to obey. The case holds “In quo warranto proceedings the relatop must show the better title. When he seeks by such procecdings to obtaln possession of an office, held by another, he must show a better title than the incumbent. When the only claim of the relator to the office i$ to the right to hold over after tne expira~ tion of his term on the ground that his successor is ineligible and, while the action is pending and undetermined, he voluntarily abandons the office in controversy and surs renders ft such act will prevent him from taking further proceedings, and will amount to an abandonment of the office WELL SETTLED RULE OF LAW. “The case at bar involves the principles equally broad with the Thayer-Boyd case. Principles are here involved in which the plaintiffs are not merely interested, but ot general operation, touching the constitus tionality of an act, and the validity of pros ceedings under it. In short, the courts of Jebraska hold that a relator, having aban- doned his office, thereafter could not maintaln quo warranto proceedings. The rule is also well settled that a pris vate person cannot maintain such proceedings, having voluntarily abane doned his office. In other worde had the present board resigned or sur- rendered to the defendants in this case It could hereaftgr have brought no proceedings to regaln th- office. The plaintiffs in this case were comp:lled to bring the injunction to preserve thefr rights. IHad they gone out of office the proceedings to determine the right to the fire and police commissionship could only have been brought by the attorney general, or, perhaps, the county atlorney. “Has not then a court of equity a right to restraln an association of persons to prevent them from perpetrating an unliwful act? The law reaches a case of a design or conspiracy of this nature and equity has the right to res strain when such acts affect the 1ights of property or person. These gentlemen arc in the position of having attempted an unlawful act. Those who hold an office which is in dispute must pursue the remedies provided by the statute and to pursue any other course would be agalnst the law. Take the case of a landlord who has a tenant who holds the premises wrongfully. He must follow the law in throwing the ienant out of possession. An unlawful act Is committed when a party seeks to throw out of office one rightfully in possession. In this case the other side has attempted to take the law in its own hands. “What s the attitude the plaintiffs must sustaip in this case to maintain their proceed= ing? ¥ COMPARISONS ARE MADE. “First, they must be the oficers de facto in the actual, physical, official possession of an office, which they claim. I don't state this as a general proposition, because a usurper even can be an official de facto. Morcover, the parties in possession must be so under a claim of right, a color of right, and in good falth. “The question was put to me, If the suc- cessors to an office were duly qualified, would not such successors to an office have a prima facie right to {t? Suppose mandamus pro- ceedings were brought to force one in office ta perform his final duty—to surrender posses- sion of the office and its papers; and sup- pose you set up no claim to the office. Then in that case you ought to surrender possession of the office and perform syour last duty, But suppose, instead, you set up a claim to the office, then the case fs entirely different. You, as judge, your honor, are elected as such to hold office until your successor fs elected and qualified. If both of these req- ulsites are not carried out you are still as much judge as ever. When you set up a title to an office, impeach the title of a claimant, then the court will issue a mandamus to force the turning over of the books und the office. The partles would be relegated to a quo warranto proceeding. In one case the party would be an officer de facto, in the other case, making no claim to the office, he would not. What is our attitude in this case? We claim the possession of the office, a matter discussed 50 fully that I don't cara to repeat the particulars. Our possession is a matter of common knowledge. The gentlemen on the other side don't even claim that the fire and police departments obey them “As to our actual possession there can be no question or controversy. The gentlemen's claims are based cn the assumption that a mere claim gives them the possession of the yMces of fire and police commissioners. They say that the landlord can, by advancing & mere claim, say he has actual physical pos- sexsion of his property. We show that this possession Is In those who assert It. Whether we assert it in good falth s for the court to decide, upon the grounds which have beer brought forward for the court's consideration. The party who asserts a clalm in court myst 1o 80 on grounds which appear to be reason- able. He need not show an absolute iight, but must show A reasonable ground (o glve color to his titl. We showed that our possession was not only based upom. the law, but I think we have convinced your honor that our possession fs maintained in good falth and for justifiable reasons. LACKS ALL THE ESSENTIALS, “On the other hand, the claimants, to maintain ouster against us, must establish four propositions, any one of which falling they cannot claim the office: They mus show, first, that the law Is constitutional second, that the proceedings leading up to thelr appointment were regular; third, that they are the duly commnissioned officers of the fire and police board: and, fourth, that they have properly qualified for the po lon of the office. If In one of these propositions they fall, we hold on to the office when such a proceeding is brought. In this case at bar we have as much right to assert our rights to the office as they, nor need we ask In this proceeding for en ultimate determtuation of this fact.” Mr. Greene took up a Kansas decision re- lating to a justice of the peace, muking ir apparent that the court decided that when the justice held on to the office, to which bia successor 1ld claita, and wa Tecoguied @s justice, he was therefore justice de facto and all Lis JM be valid, This