The San Francisco Call. Newspaper, September 6, 1895, Page 1

9 g . VOLUME LXXVIII.—NO SAN FRANCISC 0, FRIDAY MORNING, SEPTEMBER 6, 1895. PRICE FIVE CENTS. TIES UP THE CLAIMS, Decision Rendered by Comptroller Bowler on Bounties. SUGAR -PLANTERS LOSE. Their Demands Referred to the Court of Claims for Adjudication. CONSTITUTIONALITY AND LAW. One Executive Officer Who Belleves He Can Override the Acts of Congress. WASHINGTON, . 5.—The long expected and ed deci- sion of R. B. Bowler, Comptroller of the Treasury, in the s r bounty cases, was made public this afternoon. The Comp- troller refers the wt tter to the Court of Claims for adj The particular case decided was the claim of the Oxnard Beet Sugar Company of Nebraska for the payment of a portion of the sugar bounty appropriated in the tundry civil bill passed by the last Con- gress. The amot olved in this case was only $11,752 50, being the first claim allowed by the Commissioner of Internal Revenue under an appropriation of §238,- 000 to pay the producers of beet, sorghum ar previous to the 28th of Au- , when the sugar bounty provi- McKinley law were repealed. But the decision, of course, involves the constitutic v of all sugar bounties. The Comptroller first asserts his juris- | diction over the matter and his right to re- fuse payment of these bounties on the ground of the unco itionality of the appropriat He quotes the decision of the Court of Appeals of the District of Co- 1 a case brought before them by the Miles Plant Manufacturing Company ha for a mandamus to compel v of the Treasury and the Com- D. C, I r of Internal Revenue to pay | th » bounty provided by the McKin- | ey law, and holds in substance that as the decided all such boun to be un- nal its decision was one of which d to take cognizance. He adds: up, therefore, for consider- whether the Comp- er or authority under ances whatever to question ality of a statate passed by with all the legal formalities. It was most vigorot contended that he ad not i that any attempt upon his art to do so would constitute a dangerous ation of power; that the question of \e constitutionality of an act of Congress nly be decided by the courts, and so decided by the Supreme Court as the duty of every executive erto obey the act, although himself nced of its unconstitutionality.” tes many decisions on this point and “From all these cases the conclusion is istible that it is the duty of the execu- flicers to obey the law; that the con- n is supreme and so are the statutes stitat: passed in pursuance thereof; that statutes which don’t conform to the constitution are not law, and therefore when a statute is in apparent conflict with the constitu- becomes the duty of the executive cer to determine for himself the consti- of the statute.” nd he further argues that every executive officer, , is obliged to obey the law, the constitution or the statute; ally a mere subordinate officer “while in however | who acts under the ordersof a superior who is bound to determine what the law is may be justified in following the directions of his superior. In deciding questions upon the settlement of public accounts, the Comptro not subject to the direc- tion of any superior upon whom he can throw the responsibility of determining | what the law is.”’ “The Comptroller,” he says, “has never claimed to be invested with any judicial | power by virtue of which he is authorized to hold or treat an act as unconstitutional, otherwise than is any superior executive officer charged with the responsibility of ertaining what the law is in order to guide actions. But,”” he says, “the Comptroller is an executive officer whose duties require the exercise of judicial func- tions in the highest degree.” Exercising those functions Comptroller vler cites as a strange fact that unless called cod fishery bounties can be red as bounties in fact, which is 1sly doubted, no direct money bounty s ever been passed by Congress until he sugar bounties of the McKinley law. Replying to the position assumed by the defenders of the sugar bounty that the T to appropriate is absolutely in Con- s, and that it is a political power not cognizant by the courts, and that the cor- rection lies with the people at the polls if its use exceeds constitutional limits, he e 82 No authorities are advanced to sustain this proposition. The power toappropriate is co-extensive with the power to lay taxes. The appropriation is the means by which the purpose for which the tax is levied is carried out. Unless, therefore, there is the power to tax there cannot be the power to appropriate. “The contention that a moral obliga- tion existed, authorizing Congress to make the principal bounty appropriation,” he confinues, ‘‘rests upon the alleged fact that by a sudden repeal of the bounty pro- vision of the McKinley act an injury was done to the sugar producers, who be- lieved that they would receive the benetits of that bounty, if not for the full period of time therein named, at least, for all that bad been earned under its provisions to its repeal and for the crop which, at the time of the repeal, was actually grown, but not yet manufactured. But it must not be overlooked that if the McKinley bounty was unconstitutional a wrong was done to the people whose money was paid out of the treasury without their & 8uthority.” The papers in the principal case will be returned to the Auditor for transmission 3 % st SN Q\ % S R, | A A TR 4\\\“\‘\‘\\{{ R '\\‘“ S | T LAV (il \uluuirm‘ iy 1 I .u\.t}l{i(&\ THE NATURAL STAGE ON THE GREENSWARD AT SUTRO HEIGHTS WHERE SHAKESPEARE'S PERFORMED FOR CHARITY. [Sketched by a “Call”’ artist.) &Y m\\.\\\‘\\\‘ I it “AS YOU LIEKE IT” WILL BE Treasury, to the Court of Claims, under section 1062, for the rendition of a judg- tion 1064 of the Revised Statutes, in order that there may be furnished a precedent for the future action of the executive de- partment in the adjustment of the class of cases involved in these sugar bounties. THE DARK. PANIC IN Explosion of an Engine Cylinder Put Out = the Lights. CHICAGO, ILL., Sept. 5.—An explosion of an engine cylinder in the postoffice about midnight caused a panic. For ten minutes the 2000 electric lights were extin- guished, and for the first time since the old building was open to the public the doors were locked, while a panic prevailed among the 300 clerks and peopte on the street and in the hotels and cafes fora block around, but no one was hurt. The crosshead of ome of the steam en- gines in the basement broke and the cylin- der-head was blown out. The pounding of the engine and the escape of steam cold be heard plainly for a block. The 300 on the first floor, made a break for the exits. Hackmen in front of Kinsl ey's res- taurant started their horses on a run to get out of possible danger, and there-was a lively scurrying of pedestrians for places of safety. The streets were filled with peo- ple just coming from the theaters. Superintendent Jampolis realized the possibility of a raid on the mail in the darkness and the danger of valuable pack- ages being looted. He immediately or- dered the doors closed and the public ex- cluded from the building. Then he secured candles to furnish light. In ten minntes after the accident occured Engineer Con- ner had started a second engine of 125 horsepower, which in emergencies is used to furnish power to the dynamos which supply the current for the lights. SHOT BY THE_ OBERS - Farmer Adam Kas and Son Fought Against Three Desperadoes. The Son Fatally Wounded While Gallantly Attempting to Rescue Hls Father. OMAHA, Nepr., Sept. 5.— About 1 o’clock this morning an attempt was made by four men to rob Farmer Adam Kas, re- siding near the southwest corner of Fort Crook, which resulted in the fatally shoot~ ing of Adam Kas Jr. and the serious wonnding of his father. Three men stepped on the porch of the Kas residence and asked for young Kas. The father asked what was wanted, as the boy was sleeping in the barn, and was in- formed that they bad horses which they wanted to put in the barn until morning. Heran to a rear room in the house and called to his daughter, servantand hired man, who sleep upstairs, and the men One of the burglars held Kas Sr., the sec- ond beat him on the head with a revolver, while the third stood guard over the hired man and the two women of the house. Kas fought his way out of the house to the front porch, when one of the men knocked Him down. Young Kas then ap- peared upon the scene, and seeing that one of the men was beating his father, placed a revolver to the robber's head and fired. The fellow got to his feet, and Kas shot at him the second time, and the fellow fell from the porch. Before he could shoct the third time Kas was shot twice in the back, and fell, when one 8f the men stepped up to him and placed his revolver below his left ear and fired. The bullet passed through his head and came out below the right eye. Vic McCarty and his gang are under arrest for the crime. N o Aftermath of a Disaster. DENVER, Covo., Sept. 5.— Joseph Munal, of Cairo, Ill., a cigar-maker who barely escaped from the Gumry Hotel wreck, has filed suit against the Peter Gumry estate for §15,000 damages. This is the first of m.mf' similar cases to be filed. e by him, tprough the Secretary of the Peter Gum ft considerable propert; apd died wignutwhei:. i clerks at work in the mailing department, | broke down the door and followed him. | b & |Complications Grow Out of the Swindler’s Arrest. |THE DOCTOR NOW MUM. Lawyers to Make an Effort to Disprove the Prisoner’s ldentification. | BELIEF THAT THE MAN DIED. | | | Helrs Who Benefited by the Insur- ance Money Are Enjoined From Spending It. KANSAS CITY, Mo., Sept. 5—Dr.C. W. Frakeris now in the jail at Richmond, Ray | County, Mo. The drowning of the doctor | was alleged to have taken place in Ray | County, and for that reason the criminal | proceedings against him for attempting to | defraud life-insurance companies out of | $58,000 will be had there. He will probably bearraigned there to-morrow before Justice | Christian. After his talk with an attorney he be: came less communicative and said his at- torney had told him to send any one who wanted information to him. He refused, when asked, to write a letter or to sign his name, saying that he did not think his lawyer would approve of his doing so. It | is not improbable that an effort will be | made by the lawyers to disprove his identification in order to prevent the in- surance companies from recovering the | money they paid on his insurance. J. H. Warnecke of 1707 Locust street, this city, who wasa member of the jury which returned a verdict for the plaintiffs in the suit of the Fraker heirs, does not be- lieve that Dr. Fraker is alive. W. H. Steele, another member of the jury, believes the prisoner an impostor. Neither of these gentlemen has ever seen Dr. Fraker. J. 1. Cimmerschied, the musician, an- other member of the jury, isin a quandary over Fraker's arrest. He says the evidence of Fraker’s death was so conclustve that he is unable to comprehend any other theory. The attorneys for the insurance compa- nies have traced $39,000 of the money paid for Dr. Fraker's “death.” The amount of insurance on his life was $58,000, but the amount actually received by, his executor, J. G. Lincoln of Liberty, was about $50,000, not including the $2000 check of the Mod- ern Woodmen, which is still in the hands of Miss Utter, clerk of the Federal court here. Settlement was made with several of the companies without going tolaw. By these compromises the total was re- duced about $6000, so that the entire sum the heirs would have received had not the hiding place of Fraker been revealed would haye been §$52,000. Ex-Judge Lincoin has $20,000 on deposit in a bank at Liberty, and it is known that $0000 of the money has been lent out. Fach of Fraker's sisters, Nancy J. Magru- der and Cynthia Hatfield, was left $10,000 by the will, and they had been paid. They were enjoined from paying out this money pending the proceedings in the Federal court. The deputy who served the papers on them says that the sisters had spent a part of the money, but they told him they would give back what remained of the $10,000 and do their best to make restitu- tion of the full amount. s e THINKS FRAKER DEAD. Executor Lincoln Surprised. at the De- velopments in the Case. MANITOU, Covo., Sept.- 5.—James B. Lincoln. of Liberty, Mo., who is the: ex- ecutor of the Fraker .will .and : estate created by the insurance policies, stopped | here on his way to the coast to bring back | to Missouri the four young orphan cousins of Fraker, the principal beneficiaries under the will. Judge Lincoln will now return to Missouri on account of the news of ! Fraker's capture, abandoning his mission. | He was astonished at the®news, always believing Fraker was dead. He is con- fident there was no perjured testimony concerning the drowning. According to the Judge, the affair is a mysterious one. He showed a copy of Fraker’s will, by the terms of which it would seem that, even if there was collusion with his beneficiaries, Fraker could not have profited by the fraud to more than a slight extent for several years. The execntor s"'d only & small portion of the insurance money had been paid over to him. A¥ TR L g AN ALEEGED CONSPIRACY. Queer Story About the Man Arrested as Dr. Fraker. TOPEKA, Kaxs., Sept. 6.—The Kansas Independent, a Populist paper, will to- morrow publish a letter from a citizen of Duluth to its editor, I. W. Pack, which purports to expose a conspiracy on the part of the insurance companies and the Chief of Police of Topeka to arrest Wil- liam Schnell and palm him off for George W. Fraker of life-insurance fame. The letter, the name of the author of which Mr. Pack declines to divulge, is to the effect that Fraker, or Schnell, 1s a crazy hermit, whose great ambition is to achieve notoriety. It declares that it can easily be proven that he has lived in the woods of Mmnesota and Wisconsin for vears, and that he passed in the locality where he was arrested as “King of the Forest.”” It is alleged that it is not the intention of the insurance companies to push his prosecution after the money handed over to Fraker’s executor has been recovered. It explains that the reason why Fraker’s companion in Minresota was pot taken into custody was that he would swear that the prisoner was not Fraker witnesses who would so testify. J. P. Davis, president of the Kansas Mu- tual Life Insurance Company, in an inter- | v | said that there was no doubt of Fraker’s | identity, and that no effort would be made to secure the return of the insurance | money until all interested admitted it. He said he believed Fraker would be sent to the penitentiary, although he admitted that a number of prominent Kansas and Missouri attorneys whom he had consulted had expressed the opinion that he could be convicted of no crime. FIGHTING A FOREST FIRE. Mays Landing, New Jersey, in Danger of the Flames. MAYS LANDING, N. J., Sept. 5—Con- siderable excitement prevails here because of the near-by approach to the north end of this town of the forest fire that started | yesterday. The flames are within half a | mile of here, and hundreds of men are out | fighting the fire. A large number of men have left their work in factories and have gone to protect their homes. If the wind continues in its present course several houses are certain of destruction. The destruction of timber has entailed a heavy loss. bk WITH KNIVES AND GUNS. Two Bandits Made an Attempt to Hold Un a Train. ST. JOSEPH, MicH., Sept. 5.—A bold at- tempt was made this morning to hold up the Vandalia passenger train arriving here at 4 o’clock, 'between Plymouth and Mar- mont, Ind. Two men, heavily armed with Knives and revolvers, boarded the train at Plymouth, and when a few miles out, drew guns gnd knives and started to carry out their plans. The conductor, brakeman and others drew their guns. The opposi- tion was so strong that the bandits jumped from the train near Marmont and escaped. LSRR, IUicit Distillers Killed: NASHVILLE, TeNX., Sept. 5.—A " report comes from Tracy City of a fight in which two illicit distillers, Jay Roddy and Jim ‘Woodlee, were killed by revenue officers in the mountains near that place. Roddy. \was" a_brother of the notorious moon- ‘shiner Roddy, killed some time 'since, who was tried for murder in the Federal court once, and for a long.time was known as the | terror of the mountains. and furnish the names of any number of | w with the United Press correspondent, | FULL OF FLATTERY, Democrats of Nebraska Indorse Cleveland’s Policy. DECLARED TWIN EVILS. Free Sliver Coinage and the Fusion With the Populists. THESE FAVOR “SOUND MONEY.” After the Convention Ex-Congress- man Harter Spoke in a Sen- sational Manner. LINCOLN, NEsBR., Sept. 5.—The Demo- crats of Nebraska who are supporters of the administration’s financial policy and opposed to free silver coinage and fusion with Populists met in lconvention this afternoon to nominate a candidate for Jus- tice of the Supreme Court and candidates for Regents of the University. There was little canvassing in the early hours of the day among aspirants for places on the ticket among the delegates, the interest centering more on the declara- tion of principles which would be adopted by the convention and which it was de- clared must be so plain as to set the party in Nebraska aright in the eyves of sister States of its unfaltering devotion to Dem- ocratic principles and unswerving support of the National administration, having no sympathy or connection with the late | silver-supporting convention held at Omaha, and denouncing its action as mis- leading and an attempt to disrupt the or- ganization in Nebraska. Before assembling there was a parade of delegates and sympathizers headed by bands and bearing an immense float of President Cleveland. The convention was called to order at 4 o'clock by Chairman Euclid Martin of the State Central Com- mittee, who made a brief address. R.S. Bibb of Beatrice was made temporary chairman, and later the temporary organi- zation was made permanent. Bibb spoke at length, congratulating Nebraska Dem- ocrats on the stand they had taken against fusion and free silver, the twin evils, and predicting the, ultimate triumph ef the party in State and Nation. Chairman Bibb read a telegram from Secretary < Carlisle which said: “Not being able to attend your State con- vention I determined to write a letter. 1 find, however, that my official duties so occupy my time that it will not be possible to write in time to reach you. Express my regrets to the conven- tion.” G The committee on platform reported as follows: The Democrats of Nebraska, assembled in convention, congratulate the country upon signs- of returning prosperity. In spite of the evil predictions alike of protectionists and silver inflationists, the country is surely and steadily ‘gaining ground, thus justifying the witdom of the reversal of the Republican pol- icy of protective tariff, taxes and coinage. We send greeting and congratulations to Grover Cleveland and his Cabinet, not oniy for their wise and prudent course which has aided so much in bringing about the better financial condition, but also for their firm and | fearless adherence throughout the long period of depression to sound principles of economics and for their just conception of the rights of the whole people. We indorse the National Democratic plat- form of 1893, and the interpretation placed thereon by the President; and we declare our- selves unequivocally and unreservedly for that metallic money as the standard umt the bullion and. mint value of which are approx- 1mately the same, the purchasing power of which, regardless of Government mintage, is the least fluctuating in all. the markets of the civilized world. We insist upon this policy as especially necessary for the protection'of the farmers, laborers and property-owning debt- ors, the most defenseless victims of unstable money and fluctuating currency. Free coinage of silver, at16 to 1, means sil- ver monometallism; it means a poorer money and less of it; it means less wages for the labor- ing man and less actual money for the farmer and very much less credit, as well as money, for the business man. It means bankruptcy for all save the mine-owners. We recognize in the issue and reissue of our treasurygnotes a serious menace to the stability of the National finances, but we favor the retirement of all treasury notes at the earliest possible moment, with proper and safe guarantees tor maintain- ing the necessary volume of currency which shall be devised by a competent, non-partisan currency commission. The constitation ot this State provides that no religious test shall be made as a qualifica- tion for office. That provision we accept both in the letter and in the spirit, and we con- demn_ every attempt by secret societies or otherwise to proscribe any portion of our eiti- zens on account of their religious beliefs or affiliation. Nominations for Justice of the Supreme Court brought out but one name, that of T. J. Mahoney of Omaha, and he was nominated by acclamation. John H. Ames of Lincoln and W. 8. Ashby of Hil- dreth were nominated for Regents of the university, and the convention shortly after 6 o’clock adjourned sine die. To-night, at the opera-house, ex-Con- gressman M. D. Harter of Ohio addressed a large crowd. After referring briefly to the tariff, he took up the currency ques- tion, saying in part: To-day, and until the question is finally settled, the overshadowing issue is the ques- tion of money, and the Democratic party is unfit to be trusted with the government of even & township, if it does not on this great question take a stand for honesty, for intelli- genceand in the interests of the toiling millions who vote its ticket and look up to it to protect their interests. We have in this country to-aay the humiliating and disgusting spectacle of the three prominent candidates for the Republican nomination for the Presidency all in hiding on this momentous question. I question whether we have before had an ex-President of the United States, voluble enough upon all other subjects, but too prudent, shall we say, 1o, too cowardly, to declare whether or not he is will- ing to consent to the adoption of a policy which would pay for 100 cents’ worth of honest sweat with 50 cents’ worth of a Colorado mine- owner's silver. The other two prominent Re- publican candidates, while less conspicuous, seem to be equally cowardly and are to-day the most disgraceful political -exhibition in civilized Governments anywhere on the globe. Thank God, this cannot be said of the Demo- cratic party. We have men ignorant enough to advocate the coinage without limit of 50- cent legal tender dollars, but they are courage- ous enough to air their ignorance, and, in dofng so, advertise their honesty. These Dem- ocrats are for rotten money, but they are not dark-lantern statesmen, nor do they hide their rushlights under a bushel. Even the wild-eyed, distorted-countenanced leaders ot Populism and anarchism, by com- parison with many leaders of Republican sen- timent, shine and command respect. The great leaders of the Democratic party, its really rep- resentative men in public and in private life. give out no uncertain sound upon this ques- tion, and from the South and West, as well as in the North and East, the great Democratic party of the country stands for a dollar worth 100 cents every day ia the year and in every part of the country. The test of sound Demoe- racy is sound money. The man who to-day is willing to see his country disgraced, its pros- perity checked, his fellow-citizens robbed by the adoption of a system that will put us upona silver basis and put us alongside of Mexico and China in the scale of intelligence and honesty, isnot a Democrat, and his absence from the party.councils and from the ballot-box will not be missed. The sooner, my fellow-Democrats of Nebraska, we are ria of these repudiation- ists the better. The weakness of our party has always been in those who, while wearing the ‘badge, were not of us. While the Republican party stands shaking and hesitating,we should declare in all our platforms the most uncom- promising opposition to every form of repudia- tion and set our faces like flint against every attempt to degrade the currency of the Nation. Sk o gpentiay DEMOCRATS OF UTAH. gl Their Platform Contains a Plank for Woman Suffrage. OGDEN, Uras, Sept. 5.—The Democratic State convention met this morning and after the appointment of committees and transaction of routine business adjourned until afterroon, when a permanent organ- ization was effected, with Judge O. W. Bowers as chairman. The salient points of the platform adopted were declarations in favor of the absolute separation of church and state and the free and unlimited coinage of sil- ver at a ratio of 16 to 1 and the granting of the franchise to women as provided for in the constitution. Nominations were then in order and Richard W. Young of Salt Lake, S.E. Thurman of Provo and Thomas Maloney of Ogden were chosen as candidates for the Supreme Court. The convention de- cided by an almost unanimous vote to nominate two candidates of the United States Senate, and ex-Delegate J. L. Raw- lins of Salt Lake and Hon. Moses Thatcher of Logan were chosen without opposition. Quite a fight" was anticipated over.the nomination for Congressman, Judge King of Provo and Hon. B. H. Roberts each having supporters. Judge King withdrew, however, before the nomination was reached, leaving Roberts a clear field, and he was chosen by acclamation. Hon. W. J. bryan of Omaha, Nebr., was present and delivered an impassioned silver speech of an hour’s duration. A free-silver platform was adopted, and J. L. Rawlins and Moses Thatcher, the former an ex-Congressman and the latter one of the Mormon Apostles, were named as the preference of the party for United States Senators in case a Democratic Legislature was elected this fall. The remainder of the ticket is as follows: Governor, John T. Caine; Delegate to Congress, B. H. Roberts; Judges of the Supreme Court, S. R. Thurman, Thomas Maloney and Richard W. Young; Secre- tary of State, Fisher Harris; Anditor, Guy C. Wilson; Treasurer, Alma Greenwood; Attorney-General, A. J. Weber; Superin- tendent of Puablic Instruction, Karl G. Maeser. Richard W. Young isa grandson of Brig- ham Young and a West Point graduate. NIPPED IN THE BUD. Capture of a Man Who Intended to Swindle Banks. PHILADELPHIA, Pa., Sept. 5.—What is believed to be an important capture was made by city detectives to-day in the ar- rest of Rébert Ritson, and it is thought an extensive swindle of National banks bas been nipped in the bud. A few daysagoa firm of printers here notified Chief of De- tectives Miller that a straneer had given them an order for several hundred blank drafts, which were to be fimished to-day. Detectives were put on the case, and they arrested Ritson immediately after he had received the drafts from the printers. The drafts are knownas cashier’s drafts and are drawn on the bank’s correspon- denits in other cities. Ritson could not sat-. isfactorily explain his object in having the drafts printed, and he was held in $1000 bail for a furtber hearing. AFTER MONEY KINGS Attempt to Explode a Bomb in Rothschilds’ Bank. DISCOVERED IN TIME. An Anarchist Carrled a Big Petard With a Lighted Fuse. CAPTURED BY A DETECTIVE. After Arrest the Folled Flend Boasted of the Crime He In~ tended to Commit. LONDON, Exa., Sept.5.—A Paris dise patch furnished to the Globe by a news agency says that a bold attempt was made to-day to explode a bomb in Rothschild’s bank in the Rue Lafitte. While the busi- ness of the day was at its height a man walked into the bank carrying under his arm a bomb to which was attached a lighted fuse. One of the detectives em- ployed in the bank was standing near and sprang upon the man, seized the bomb and extinguished the fuse in time to pre- vent an explosion. The would-be bomb« thrower was arrested and taken to the police station. This attempt to blow up the Rothschild banking establishment, taken in connec- tion with the recent sending of an infernal machine through the mails to the office of Baron Alphonse de Rothschild, signifies a persistent purpose on the part of the anarchistic element to inflict injury upon the heads and employes.of the Roths- child house. . It will be remembered that Baron de Rothchild's secretary, M. Jacobowsky, was terribly injured by the explosion of the in- fernal machine sent to his employer’s office while attempting to open the parcel in the absence of Baron de Rothschild. PARIS, Fraxce, Sept 5.—The man'who was arrested while attempting to explode a bomb in the Rothschilds Bank was taken to the police station in Rue de Provence. He is about 25 yearsold. He refuses to give his name, but indulged in the usual anarchist boasts, declaring that others would succeed where he had failed. The bomb was a primitive sort of affair made of a tin can that had contained cocoa. The top was tied on with a piece of wire and a hole had been punched through it. The contents are not known. The bomb ‘was taken to the municipal labratory, where the contents will be analyzed. M. Puybaraud, the police official who examined the prisoner, was struck by his resemblance to the anarchist, Pawels, who was recently killed by the explosion of a bomb he was carrying with the intention of causing an explosion in the Church of the Madeline. He said he woula not be surprised to learn that Pawels and the prisoner were brothers. The prisoner is of medium height. His face is pale, and he has an abnormally developed forehead. He is close shaven, except a short mustache. It issupposed that the prisoner is a barber, a razor, brush and soapbox being found in his pockets. Immediately after the deputy seized him he drew the razor and at- tempted to kill himself by cutting his throat. During his examination at the police station he defended his anarchist opinions in well-chosen language. He said the bomb contained fragments of chlorate of potash ana twenty-five grammes of blasting powaer. It contained no projectile. He intended to use it as a protest against the proceedings of the bankers. He professed profound contempt for work. Some of the police recognize the prisoner as a creature who has been living on women in the Montmartre district. BATTLE WITH SMUGGLERS. Nine Revenue Soldiers Are Killed in Guatemala. CITY OF MEXICO, Mex., Sept. 5.—A special from San Cristobal la Cusas says that news has just been received there that a band of twenty-three smugglers, while attempting to crossinto Guatemala a short distance from Retalhuen, were attacked by Guatemalan revenue agents, supported by over eighty soldiers. A fight ensued, and after three hours the soldiers were obliged to retreat, leaving nine bodies. The smug- glers took the goodsinto the country. Persons lately returned from northern rovinces of Guatemala say that the feel- ing in that section is very strong against President Barrios and a revolution be- lieved imminent. The topic of most eon- versations is the formation of a new re- R‘l‘gic’ to be called the Republica de los 3. s SEVERAL CHRISTIANS KILLED. Chinese Attacked and Burned the Four= ney Mission. LYONS, Fraxce, Sept. 5—The news- paper Missions Catholique, published a statement at the beginning of July the mission and orphanage at Vourney, China, was attacked by natives and burned. In the riot several Christians were killed. SHANGHAI, CuiNa, Sept. 5.—The in- quiry into the recentoutrages at KuCheng is proceeding to the satisiaction of the British and American Consuls. Several additional convictions of importance have been secured, including some of the ring- leaders in the attacks upon the missions. For Pacific Coast Telegrams see Pages 3 and 4. SMOKE LABELLE GREOLE CIGARS, 3 for 23¢--10¢ Straight--2 for 23¢ ASK DEALERS FOR THEM. RINALDO BROS. & CO., Pacific Coast Agents, 300-302 BATTERY ST., S. F,