THE OMAHA DAILY BEE.
TWENTY-SECOND YEAR OMAHA. WEDNESDAY MORNING , MAY 24 , 1893. NUMBER 238.
ILL TRY THE BRIGGS CASE
, ion Will Bo Taken in the Matter by the
Presbyterian General Assembly.
PORT OF THE JUDICIAL COMMITTEE
| ; llt of llio Assrinbly to Consider the
i from tlio Notr Vork l'rc -
liytory'it Decision ( Irrnt Intercut
Token In the Proceedings.
i , D. C. , May 23.-Blg men
ined up In the general assembly this
Irnlng ; big men physically and mentally.
Icrovns the tall figure of Uov. Tom Hull ,
I ) broad frame of Elder Eudaly , the great
1m of Judge Wills of Gettysburg. There
Ire others equally burly and brainy. It
| B a skirmish preceding the battle of
Lnts. Voices rang out clearly and car-
fjtly In a short and a sharp debate over a
hposal to rcfor overtures relating to the
j Iggs case to the Judicial committee. Antl-
l1fgs men opposed such n reference ,
t the proposal was finally carried ,
It because of the strength of
b Briggs side so much us the
Ipcrlor strength of the position they hold
I this particular point. In this matter
Ley had the committee on overtures with
Lcm. Lawyers throw themselves Into the
inflict with the energy of theologians. Rev.
1)111 Hull quoted the ecclesiastical law.
liio right of petition was maintained. It
| as the beginning of an Interesting day.
io report of the judicial committee on the
[ ipeal of Dr. Drlggs was the order for the
E'tcrnoon session. After this skirmish In
§ 0 morning , over the overtures , the subject
, homo missions occupied tiio attention of
iio assembly , and several eloquent speeches
Icro made.
Distinguished 1'onplo 1'roscnt.
[ At no time since the general assembly
igan Its sessions has thcro been so largo an
_ tendance nn was assembled when nt2HO :
clock this afternoon Dr. Craig called the
liscmhly to order. It was generally known
tint tlio report of the Judicial committee in
Iio Briggs case was the special order , and
[ ils was sufficient to crowd the house. Gal-
Irlcs , and even tlio stairway , wcro packed
suffocation. The platform was filled with
-.jtinguishcd visitors and members of the
fssembly. Among thorn was the tall ,
iinlliar figure of Senator Cullom of Illinois.
> Dr. Briggs on this momentous occasion
[ lade his first appearance on tlio lloor of the
jouso. Ho occupied a chair on a low platoon
eon immediately in front of the pulpit and
the right of the moderator. Just to his
'lit , and in front of tlio moderator sat
ov. U. W. F. Birch , while in the main
Jtslo , Just behind Drs. Briggs and Birch ,
fat Mr. J. J. McCook , a leading member of
| ho committee of which Dr. Birch is chuir-
aan.
aan.Dr. . Briggs sat throughout the preliminary
Proceedings , apparently unmindful of the
fact that ho was the observed of all obscrv- .
jrs. As Dr. Baker read from the report ,
' Ur. Briggs , from tlmo to tlmo took notes as
'quietly as if instead of being the central
figure , he was , at mos counsel of the men
lundcr religious indictment.
Before the reading of tlio report began
| Mr. McDougall of Cincinnati moved that tlio
case before assembly take precedence of all
| ) ther business , and this was speedily car-
, 'JOll.
' Dr. Smith of Baltimore , probably antici
pating nn outburst- sought In advance to
riotir oil on what ho thought might develop
into troubled waters. For this "reason ho
Isiiggested that all expressions of approval or
' bo prohibited.
Asked for Ahsolnto Quint.
Moderator Craig emphasized this suggcs-
ion and called for absolute quite , so that
ho men upon whom such great nnd tro-
Hiiidous duty devolved might bo able to
oar calmly and dispassionately nil that
? lght bo said. ' 'In the name of God and
ho Presbyterian church , " said Dr. Craig ,
T beg you to keep perfectly quiot. I should
io mortified beyond the possibility of ex-
ircssion if any man wcro to bo disturbed by
uy evidence of disapproval. I would , if it
io In my power , stamp it out with a ruthless
uind. "
The report of the committee on homo mis-
lions was read. An appeal for larger contri-
Initions was made and a recommendation
fhat moro money ho expended in mission
k-ork in the larger cities.Mr. . Purncll of
Inltimore , in remarks upon the report ,
Itpd the recent decision of the supreme
urt in the Chinese case , wherein ono of tlio
isticcs has stigmatized the act of congress
J. brutal. If such a law operating against
luicricans were passed by any nation , Mr.
Tirncll asserted , It would bo made "to bite
| io dust1' ' within thirty days. The report
as adopted.
Among the Soldier * .
lEx-Modcrator Snilth , president of the
VUed Christian commission , organized for
T > rk I" connection with the United States
"my , submitted a statement. It was to the
feet tlmt the commission mils' discourage
to enlistment of the sons of Christian
Imillcs into the army unless some safe-
Imvds , now lacking , are thrown about them ,
limbllng in the army Is not prohibited ,
| 'ihor by law or regulation , ami is encour-
red by the example of older ofllcers and
Lldiers : the post canteen affords unrc-
Irictcd opportunity for and inducement
I ) drink ; the architecture of barracks
laces Christian soldiers ut n fearful
lisadvantugo , exposing them to the
llccs nnd Indecencies of Irreligious mcm-
lors of the rank and file. Sunday work not
failed for by any exigency is still required
| y the army authorities ; the recommenda-
Jions of religious teachers in the army for
llio benefit of soldiers do not receive the aii-
Iroval or consideration of the authorities ; In
; ut : they are discouraged. Tlio commission
crommcndcd that the army orders of
Lugust U lust on this subject bo revoked nnd
liiat chaplains ho appointed for every regl-
lent. The recommendations of the com-
Jiltteo were approved and the report ro-
Icivcd. Recess.
. Tlio special order for the afternoon session
his tlio report of the judicial committee on
Jliu Briggs case. Immediately after the
Inciilng prayer , Dr. Baker , chairman , was
lecognuca and addressed the moderator
Ind assembly as follows ; "I hud car-
Icslly hoped that but ono report would
Io presented by our committee. But
ti thjs I have been disappointed , I
Ircfiiimo the failure was Inevitable. I take ,
lowovcr , comfort in tlio thought that thcro
I ; something better than even unanimity and
| hut , something Is fidelity to conscience. U
i fidelity to conscience which has compelled
Iho majority report , and it is fidelity to con-
Islcnco which has compelled the minority ro-
> ort. Whllo wo speak the truth with all
loldness , lot us speak it over in love ; ami
diull wo not all resolve that whatever bo the
icclslon finally reached , und God alone
wows what that decision Is to bo. wo will ,
.s loyal Presbyterians , abldo faithfully by
, hat decision. Let us resolve that wo will |
iternly frown upon and utterly dlscountc-
lance any suggestion , from whatever quar-
: cr It may I'omo , of schism or division In our
lean-church. Recalltugour ordination vows ,
let ui submit ourselves to ono another in the
Lord , loyally abiding tlio decision which
ball bo reached by our constitutional
ncthodB. "
Iteport of thn Majority.
The report was as follows :
Inthouuioof tlm I'resbylerlnn church In
IliBUnited Suites of Amt'ilcu iiKuInU Uov.
L'lini'les A , llrlKKs. D.D. , liolua an uppoul tutlm
rcnurul uiscinbly from tliu ilci'Mcm and Iiol l
Judgment of thupiosbytory of New Vork , the
Juillcnlcomnilttco begs | t : ivo icbiiectfully to
report Unit thuy ( Iml :
First That the nupelliuit In this CASO Is tin
?
Picsbylortun church In tliu United State * of
Atiiorlca , rcnn'sonli'd by Its prosecution com- ;
inlttco appointed by the nrcsbytory of nho
Vork. and as tucli Is entitled to conduct the
prosecution uutll tliu 11 mil hsuo u rcacluHJ ,
Hoeoud- That the uppunl und nimcltlcntloi
Of error alluRud have buvn ( Hod In due tluiu.
Thrt'u Tlivy , thoroforc , kubmlt r olmlotis
that ( U kipotl : bo uutcrltlnuil. That llirco
It .i
hours bo nllottod to such hearing , viz : Ono
ntidono-hnir hours to each party , and nfter
hearing from the nipniboM of tlio assembly ,
thrco hours being allotted to such hearing , the
assembly shall tlicn vote upon tlio following
resolution :
Ke olved , Tlmt the appeal from the drclilon
and final jmlKiiinnuif the presbytery of Now
Vork , rendered January 0 , 1H03 , bo enter
tained by thn general nssumbly , and It U or
dered that the eiuio proceed to trial In accord-
ancu with tlio provision * of the book or disci
pline ,
The report Is signed by the following mem
bers of tlio committee : Gcorgo D. Baker ,
chairman : John 10. Duffield. John S. Hayes ,
'James ' T. Loftwich , James M. Maxwell , D. J.
Sodars , John Peacock , J. B. Randall , ICd-
ward T. Grcon , Thomas McDougall , Cyrus
L. Pcrshlng , William Pulton , Gcorgo W.
Cumralnga , II. M , Gray don , James L. Orr.
Plied Miipploincntitl Iteport.
Dr. Baker also presented a supplemental
report , giving the following principal rea
sons which Influenced tha committee in
reaching tlio conclusions declared :
First Tlio book of dlsnlbllna provides In ex
press and unambiguous toims ( or nn appeal
directly from tliu presbytery to the general
assembly. Such nn appeal directly to the gmi-
eral assembly Is therefore plainly permissible
when thognivlty of the Issue u-.il tlio circum
stances of tha cnso render It advisable.
Hecond In the final decision of the grave
Issues Involved In this case , and It Is only ( ho
general assembly which cun Kivo this final de
cision , It Is eminently dcilrablo that thn as
sembly making sucli decision should , ns far as
pracllcablc , bo icprt'scntatlvo of the omlro
church. To keep the church In continued
nultnllon and uncertainty for another year ,
\vlicn It Is within our constitutional preroga
tive to determine tlio matter at the present
time , N , In our judgment , to nnjnsllllnhly
evade our solemn duty , which would mnko us
responsible for ( he prolongation of u condition
of affairs In our beloved church which Imperils
Its purity nnd peace and hinders It In tliu ful
fillment of Its legitimate mission.
Mr. McDougall did not sign the supple
mental report.
The minority report was read by Rev. S. J.
Nicolls * , D.D. , of St. Louis. Ho said ho
knew ) that in making a minority report ho
and his associates wcro under suspicion
already as appearing to oppose the appeal.
This was not their attitude ; they WON not
antagonizing the claim of power in the as
sembly toentertulnthonppeal. The minority
report was read as follows :
Iteport of the Minority.
The undur&lcncd members of the judicial
committee fuel constrained to submit to the
general assembly tlio following minority re
port :
Wo recommend that the majority report bo
nnioided by striking out all that follows ,
beginning with the recommendation that
tliu appeal bo entortalncdnnd Issued , nnd sub
stituting the following : "Wo find the appeal
In order nnd recommend that the parties be
heard In accordance with the nrovlslotis of
llio book or discipline. " Wo ask this for the
following reasons :
First The majority report , by rccom-
mending that the appeal bo entertained and
issued , prejudices the same by advising the
assembly to do what the book of dlsciu-
llno says shall bo determined only after the
parties shall have been heard. The impro
priety of recommending that the appeal bo
entertained and issued in this case is ap
parent , when It Is remembered that ono of
the points involved in it is whether the ap
peal shall bo entertained by this assembly
or referred to the synod of Now York.
Second The majority report In form
pledges the committee in advance to enter
tain tlio appeal , the parties not yet being
heard ; and yet this same committee is en
titled to sit as Judges and vote in this case
ns members of the Judicatory.
Third The majority report Is con
trary both to tlio letter nnd spirit
of the book of discipline , as stated in
rule 09 , section 14 , chapter six. The
functions of the judicial committee in
this case are limited to finding the appeal in
order and recommending the method of pro
cedure , and it is not right to recommend to
tl is assembly that the appeal shall bo en
tertained and issued. For this reason we
recommend that it shall bo amended so as to
conform with the laws of the church.
The report is signed by Messrs. Myers ,
Stcbcns and Nicolls.
Tlio first resolution of the majority report
was adopted item. con. Then a motion to
pass tlio second resolution was offered.
Crciitcd n Commotion.
Mr. Cutcl'oon of Detroit moved to strike
out tlio limitation of time of debate by the
parties in interest to thrco hours , but
the assembly refused to move the restric
tion. At this point Prof. Briggs arose as if
to address tlio assembly. Immediately a
buzz of comment swept over the house ,
whllo ho and the moderator engaged in an
animated colloquy upon his right to be heard
nt this time. Prof. Brigps yielded to Dr.
Craig nud resumed his seat. This was the
prelude of an incident that created some
comment on the floor.
Tlio moderator said : ' ! would suggest in
the interest of brotherly kindness and
peace "
"Say Justice , " exclaimed a voice from the
gallery , which was said to bo that of Prof.
Henry Preserved Smith of Cincinnati , who
Is under condemnation of tlio Cincinnati
presbytery for teachings similar to those of
Prof. Briggs.
"You wait , " retorted Moderator Craig ,
sternly. "Don't you put words into my
I mouth. I speak for brotherly kindness and
peace , which are higher than Justice , for out
of thorn comes Justice. "
The moderator then said that Prof.
Uriggs had asked him the privilege of
speaking , but that ho had insisted that the
professor had no right to speak at that time.
Dr. Craig said , however , that there would
bo a time when his brother , Prof. Briggs ,
should speak.
The moderator then announced , that In
accordance with the book of government ,
the assembly would bo turned into a judicial 1
court of the Lord Jesus Christ nnd following
tlio rules of procedure , called for a reading
of the judgment notice of appeal , the aupeals
and the specifications of tlio errors alleged.
Tills was done by Clerk Iloberts and the
court then adjourned until 12:110 : tomorrow
afternoon and the general assembly uutll
U:80a. : m.
llrst or fit to the .111 ills try.
LITTLE HOCK , Ark. , May 23. Kov. Dr. E.
L. Bowers of Kansas City. Mo. , was
today restored to the ministry by
the Cumberland Presbyterian assem
bly. About two years since Dr. Bowers ,
who was pastor of the Cumberland Presby
terian church in Kansas City , Mo. , was
suspended from the ministry by the
Lexington presbytery , to which ho bo-
longed. UIKHI charges made against his
integrity. Subsequently tlio presbytery ro--
torcd Ur. Bowers. The synod of Missouri ,
to which an appeal was taken , reversed the
action of the presbytery. Dr. Bowers then
appealed to the general assembly , which
body restored him to the ministry und
vindicated his character.
Itcformcd
NEW YOHK , May 23. At the cession of
tlio general synod of the Reformed Presby
terian church today , it was decided that the
next meeting of the synod should bo held at
Coultervillo , 111. , beginning on the third
Wednesday In May , 1W1.
Cvlobrntcd III * Silver Jubilee ,
Loui3VH.i.c , Ky , , May 23. The silver Jubi-
Ice of Bishop McClosky was celebrated this
morning with all the pomp aud ceremony
befitting the occasion.
The 1'lro llecord.
LUSK , Wyo. , May 23 , [ Special Telegram
to TUB BEB.J--Firo broke out last night In
the Collins house. Damage , $1,000 ; insur
ance. , IXK ) .
Ttrnx , O. , May 23. The immense plant of
the Beatty Glass works and United States
Glass company were putted by lire yesterday
afternoon. Loss , nearly $200,000. Six hun
dred uooplo are thrown out of employment.
Mnny employes uarely escaped with thulr
lives. Tnc loss is fully covered by insur
ance.
CnnuoTOAN , Mich. , Mny 23. Kaln is badly
needed In southern Michigan. The woods
are on tire In all directions. Several farm
barns have been destroyed auU at least ouo
house ,
KEOKUK , la. , May 23 , The Keokuk Mill-
lug company's plant was destroyed by tire
lu t night , Loss , rJO.OOO ; insurance , $ UOW.
RUINS WROUGHT BY THE WIND
Houses Overturned and Unroofed nt Louis-
villo , Kentucky ,
MANY OTHER TOWNS AND CITIES DAMAGED
At Time * the Storm Almost ICcnchcd the
1'roportlon of n Turnnclo Kcports
or Kuln from Ohio nnd In *
dlaim iltrcclvcil.
LOUISVILLE , Ky. , May 23. Early this
morning n storm from the southwest struck
this city doing much damage. It first un
roofed the Louisville ft Nnshvlllo railroad
roundhouse In the outskirts , then , swooping
through the city , created consternation. As
a result of Its fury , several small houses are
In ruins , dozens of houses are unroofed ,
many chimneys are overturned nnd the
streets nro filled with wreckage of roofs ,
uprooted trees and twisted wires , The
greatest amount of damage was done In the
squares bounded by Campbell , Hancock ,
Broadway nnd Green streets. No lives are
known to bo lost , and few of the Injuries re
ceived are serious.
Michigan Town * Dnmngod ,
DKTHOIT , Mich. , May 23. A terrific wind
and rain storm broke over the city this
morning nt noon , it was blowing sixty
miles an hour. The streets are almost ob-
structed by broken shade trees , and nearly
all the telegraph and telephone wires are
down. It Is feared that It will cause great
damage throughout Michigan , and many
wrecks on the lake. It Is known that great
damage was done at Adrian.
'At Lcnowco Junction the storm amounted
to a tornado. Barns were blown down , or
chards destroyed and crops leveled to the
ground. The highways between Adrian and
Tccumseh , are almost Impassable , being ob
structed by overturned trees.
At Homulus buildings wcro blown down ,
windows broken and trees uprooted.
Many buildings were unroofed in the vi
cinity of Dundee.
At Holly the opera house was unroofed
and half tlio buildings and stores wrecked.
Four Killed ut Clcvuluml.
CLEVELAND , O. , May 23. A terrific wind
storm struck this city at 0 o'clock this morn-
Ing. Four men were instantly killed nnd
many injured in numerous casualties. A
scaffold blown from its fastenings resulted
in the serious injury of four men , ono of
whom will die.
A portion of the plate department of the
Cleveland rolling mill , under construction ,
gave way. A number of mon were employed
on the structure , two wcro killed instantly ,
and one. fatally hurt.
A two-story frame house was blown down
and John Colo.buried in the ruins and killed.
Blew with Fury In Indiana.
INDIANAPOLIS , Ind.May , 23. A wind storm
passed over the city early this morning and
did much damage. In the eastern and
southern portions of the state the wind ex
hibited the greatest forco. At Jeffersonvillc
many houses were unroofed.
Snow In Wisconsin.
ST. PAUL , Minn. , May i3. ! Specials report
a .sudden drop in temperature in northern
Wisconsin and Michigan , with an inch of
snow at Marquctto and thrco inches on the
iron range.
Notes ol tlio Storm.
CINCINNATI , O. , May 23. High wind pre
vailed around Cincinnati this morning , but
the city escaped damage. In Covington and
Newport , however , houses were unroofed ,
chimneys blown down and shade trees up
rooted. The street railways were blocked
by trees and debris.
At Harrison , O. , a church was unroofed
and great damage was done to fences near
the town as well as at other points in tlio
Mill creek valley. In no place was thcro
any loss of life reported.
Ki.wooi > , Ind , , May 23. A very destructive
wind storm passed over the southern part of
this city nt 4 o'clock , partly wrecking the
American tin plate factory , hurling a portion
of the Iron roof a considerable distance.
Tlio adjacent buildings wcro moro or less in
jured , and at Fran I ; ton , six miles southeast ,
the destruction of property Is oven greater
thitii here. A number of houses in the
course of erection were blown down. The
damage here and at Frankton will probably
reach $20,000 , most of which Is covered by
insurance.
Pnjt'A , O. , May 23. A wind storm crossed
the upper Miami valley about daylight this
morning , swooping down fences and sheds
and demolishing telegraph and telephone
lines. Tlio greatest damage occurred be
tween hero nnd Troy. Tlio Baptist church
at Fletcher was unroofed.
POUTI.AXD , Ind. , May 23. Advices state
that the town of Fort Hecovery , O. , eleven
miles east of hero , v/as struck by a terrific
winds term this morning. The opera house
was unroofed , n livery stable blown down
and great damage dono. Fences , buildings
and timber in the countrv were blown down.
No fatalities are reported.
iro.uK.v'A nu.H.t Missions ,
First Uny's Scmilun of tlio Ilnptlst Ladles
Socloty Olllccra Klected.
DENVKU , tColo. , May 23. The session of
the Baptist Women's Homo Mission society
opened today with praise service. Tno com-
mittco on resolutions reported , declaring the
Chinese exclusion act u disgrace to civiliza 0s
tion , and the tendency to abuse the Lord's
day Is deplored.
Practically all of the old officers wore reelected -
elected this afternoon , as the following list
will show : President , Mrs. J , N. Crauso ,
Chicago ; corresponding secretary , Miss M.
G. Burdotto , Chicago ; recording secretary ,
Mrs , H. Thane Miller , Cincinnati : treas
urer , Mrs. A. II , BarberChicago ; vice presi
dents : Arizona , Mrs. Wilford Scott ; Ar
kansas nnd Louisiana , Mrs. J. P. Moore ;
Colorado , Mrs. F. F. Smith ; Illinois ,
northern district , Mrs. W. B , Mason ;
southern district , Miss Annie Hopkins ;
Indiana. Mrs. Reuben Jeffrey ; Indian Terri
tory , Miss J. S. Murrow ; Iowa , Miss S. E.
Nesbit ; Kansas , Mrs. L. D , No well ; Minne-
seta , Mrs. H. D , Gates : Montana , Mrs. P.
H. Leslie ; Nebraska , Mrs. Mary Hitchcock ;
Now Jersey. Mrs. H. F. Smith ; New York ,
Mrs. Rachuel B. Taylor ; Ohio , Mrs. S. M.
Button ; Oregon , Mrs. C. M. Hill ; Pcnnsyl-
vunla , eastern district. Miss S. C. Brig-
baugh , western district , Mrs. L. II. Eaton ;
southern California , Mrs. J. F. Jackson ;
South Dakota , Mrs , T. M. Shannfnlt ; Texas ,
Miss J. L. Peck ; Utah , Mrs. J , J. Corrumj
Washington , eastern district , Mrs. O , C ,
Ross , western district , MV.S , S. W. Beaver ;
Wisconsin , Mrs. L. Smith ; Wyoming , Mrs ,
J. O. Cliurchlll.
There was an animated discussion over
the proposition to appropriate fsob00 to
build un annex to the training schoU ut Chicago
cage and it was about to bo defeated , when
tlio New York delegation came to its rescue
and the school will got the money.
Greet I UK * Irom Utuli.
Miss Emma F. Parsons , a missionary In
Utah , spoke of the work thero. She said
that she had nothing unkind to say of the
Mormon religion as she respected the pcoplo
and could not help but admtro their faith ,
although she was sorry to know that It was
built upon so poor a foundation. , She told of
their religious life and finally got many
young pcoplo present tapping their feet on
the iioor and all to laughing by saying that
"they pray before dancing ami after , no dif
ference what the condition of the people at
that time. "
Miss May Rotta J , Recsldo brought greet
ings from the Comanche and Klowa Indians ,
among whom she labors HS a missionary. >
Ono thing the young lady said was not neces
sary , and that was to teach her people dress
reform , Tliu description Miss Keesldo gave .
of the aborigines was vividly drawn unJ
eloquently told , whllo the sunburned face
spoke of long days , of' travel over hot and
sandy Plains.
MI.is Emma L. Miller RHOKO entertainingly
of her labors In southern California and Ari
zona.
, ' I fear our Sunday schools hare been
failures , " was the startling statement made
hi the pioneer homo rtilssonaryMrs. ! Johanna
1' . Moore of Littla Rock , Ark. She spoke
for the fireside school and homo , as did also
Mrs. M. C. Reynolds of Boston , Mass.
Mndo n Visit ta the Missions.
A visit to the ninety-two missions of the
society In the United States and Mexico was
made by delegates under the care of Mrs.
S. D. Nowcll of Kansas , a largo map taking
the place of a traiti of cars , and what was
going on briefly Outlined it considered Im-
jtortant.
A discussion on I'OJr Children" nnd "Out ;
Young People , " the Cf-st led by Mrs. KerrB.
Tupperof Denver , artd the second by Miss
Louisa M. DeCIcrcq of Chicago , closed the
afternoon session. .
* I
. oi'iuf iimMxa.1 .IAI > SVXHAr.
Question of the World's Fair Onto U Set
tled 1'limlly.
CincAoo , 111. , May' 23. Sunday opening
has : won the fiay. Thirty members of the
national committee \vont on record today In
favor ! of the Sunday opening rule submitted
by the directors.
directors.Twentyseven commis
sioners voted against consideration of the
rule. On a final test the commission voted to
substltuto the iinlnorlty or Sunday opening
rcuort of the Judiciary committee for the
majority report , which favored Sunday clos
ing. Tlio question then came up on the
modification of the directory rule with the
same ' vote. The minority report found its
j |
advocates in Commissioners St , P.lalr and
Burton. ]
After Commissioner St. Clalr had con
cluded : his speech iii'favor of the minority
report , Commissioner ICibcuclc called up his
motion that the minority report bo substi
tuted for the majority. It was the first test
tin and every commissioner present was
recorded. Commissioners Massey and Allen
of New York , who were compelled to leave
were given unanimous consent to go on
record against Sunday opening.
The Sunday opening advocates claim thcro
will bo no quorum of the commission in town
tomorrow nnd that consideration will , there
fore , bo impossible. Three of the members
gave notice today that they would leave the
city tonight , and If they did the point of no
quorum ] will bo effective tomorrow.
The council of administration has decided
te open the fair to the public three evenings
each week , Tuesday , Thursday and Satur
day evenings being designated. On each of
these evenings there will bo concerts and
electric displays. *
11'tXTfilt WllB.lI itlKLEUy 1.E.IQVE.
A
Proposed Orcunlr.Ttlon In Which Mnny In
terests Will Uo Combined.
Toi.r.no , O. , May 2\- [ Special Telegram to
THE Bnr.j One hundred wheat millers from
Ohio , Kentucky , Michigan , Indiana , Wiscon
sin , Iowa , Kansas , Nebraska , Missouri and
Illinois came hero tonight for the purpose of
tomorrow completing the organization of the
"Winter Wheat Millers league. These pres
ent represent mills turning out fiO.OOO bar
rels per day. nearly the entire , production.
They will adopt a constitution report on tlio
condition of wheat and discuss breadstuff
subjects tomorrow. .
BLEWiX-SAFE.
Itnrglnrg Frightened , O1T After They Hml
Opened the Way to llooty.
The safe in the offitxjif ; the. Omaha Pack
ing company , northea 'borner of 'Fifteenth
and Ciiming , was blgwn by 'burglars ' last
night. 'T
Officer Dillon and ) Dr. King hearing the
explosion frightened- the burglars away
without any loss to tlrt ; company.
They left their tool ? , scattered around the
room.
No arrests and no suspicions.
Nebraskatis' tlio Fair.
CincAoo , 111. , May 23l [ Special Telegram
to TUB BKE.J Thcso Omaha people were
registered at tlio Nebraska building today :
S. B. Ilowell. L. M. iHowcll , M. E. Uiddell ,
Mrs. W. E. Ulddoll. Itay F. Uiddoll , Mrs. D.
II. Allen , Elijah Alien , G. L. Bradley nnd
wife , Mrs. Qoorgo Ileyn , Luther W. Knhns ,
W. o'llnmi'lton. W. F Bcchtel , Mrs. F. M !
Richardson and T. C. Coit.
Other arrivals included : F. W. Arndt ,
Blair ; S. G. Waldron , 'Kearney : Luther P.
Ludden , Lincoln ; Li. P. Uttcrbaek and wife ,
and Jeosio Payne , Nebraska City.
Investigating a Murdnr.
CnAMiir.HLAiN , S. D. , May 23. [ Special
Telegram to Tun BEE. ] Ofllcors have ar
rested Frank Phelps- owner of the ranch
where Schrader , the supposed murderer of
Mattson , worked. Ho is charged with being
an accessory to the crime. The preliminary
examination of the two suspected prisoners
will bo held on 'tlio' return of Mattson's
sister , who accompaiiicd tlio body to Ver-
milllon for burjul.
Movement of Steamers , May 23.
At Southampton Arrived Lahn , from
Now York ; Berlin , frbm New York.
At Hamburg Arrived Gollert , from
New York. ,
At Gibraltar Arrived Kalsor Wllhelm
II , from Now York.
At .Queenstown Arrived Majestic , from
Kow York.
At Antwerp Arrived Hermann from
New Vork.
Knnimt Crop Heports.
NOUOATUH , Kan. , May 23. [ Special to THE
Br.i ; . ] A heavy ralii Jail hero yesterday
which will insure some good fields of winter
wheat. Corn is doin/ well but needed rain.
The ground has bcon'in line condition for
corn planting but too dry for small grain
but It is now soaked to a' depth of from ton
to twenty inches.
- , r
Collision on the Northern Piiclflr ,
MiNNCArous , MlniCj May 23.A bad colli
sion is reported on { the Northern Pacific
road. No ono was Icjlled , though a number
of trainmen nnd paHsongors were injured.
The collision was botrteen a passenger train
from Winnipeg and tl freight. It occurred -
at Wutab , near Sank Jtuplds.
Hogg Hus TiC'lfco lor Butrnr.
AUSTIN , Tex. , May 2,1 Governor Hogg has
vetoed the state sugsr bounty bill to enable
superlntcndnnts of 'Texas penitentiaries to
accept from thogonertlgovernmcnta bounty
on sugar raised on c ( nvlct farms. Ho de
nounces the sugar bounty law of the United
States. jr
Now York Kioliingo Quotations.
NEW YOHK , May 22 # [ Special Telegram
to TIIU BEE. ] Exchange was quoted as fol
lows today : Chicago . 21 cents discount ;
Boston , par to 5 ccnls'&l&oouut ; St. Louis , 50
cents premium. j
Ill the llt'cuUr Ovorela
WAYCIIOSS , GnvMuy 23. Near Hazelhurst
yesterday afternoon J3ph Marcel , who mur
dered I , J. Brown and'nnothcr negro , name
unknown , was taken from jail and hanged
by a mob.
Now Vork lxcliaii a Quotations.
NEW YOHK , May J3. ! [ Special Telegram
iTucBuE.J Exchange \vauquotod as fol-
lows today : Chicago , 20o discount : Boston ,
60 to ITo discount ; Si , Louis , par bid.
Wanted to llo n Cowboy ,
MCXUOE , Nch:1 : M V 23. [ Special Telegram
to THE Br.E.-5Lawrenco ] Murray of Leigh
was arrested hero for horse stealing , having
started out to bo a cowboy.
Destroyed : the 1'autory.
Mii > ii.r.TOWNO. , , May 23. Lattorer's pump
and box factory burned , Loss. $75,000 ; in
surance , J50.000.
IT DIDN'T ' PLEASE MR , EGAN
Consul Barre Declines to Mcddln iu tlio
Local Affairs of Uhili.
'
HE IS CRITICISED BY THE MINISTER
Asked to Men the Volition for Itrlcrno' *
J'nriloii , the Consul Itcfiueft nnd So
Itccomcn nil Object f Uli-
pleasure to ignii. :
\ \CopvrtjMeillS33lin Oorelrw llcnn'.tt. ]
VAU-AIUISO , Chill ( via Galvcston , Tex. ) ,
May 23. [ By Mexican Cable to the .New
York . Herald Special to THE BBIJ. ] United
States Minister Patrick Egan has openly ex
pressed his disapproval of the action of
United States Consul Barre In refusing to
sign | the potltion to President Monti for the
pardon of Scnor Briccno.
Scnor Briceno had been found guilty of
conspiracy . against the government and sen-
tenccd to bo executed. Tlio death sentence
was . changed by the government to ono for
Imprisonment . . for life , President Montt and
the council of state having yielded
to the domain ! of the public. Minister
Egnn urged Consul Barre to sign a uotition
for Bricono's pardon , Consul Bar'rc declined
to have anything to do with the matter.
The only members of the consular corps who
signed tlio potltion were those representing
the South American republics nnd the Span
ish consul. Consul Barre and all the
European consuls declined to sign the pe
tition on the ground that they did not wish
to interfere in the local affairs of Chill. All
the American residents of Chili defend Con
sul Barre for taking this position.
South American Notes.
The Herald's correspondent in Kto Janeiro
telegraphs that the Brazilian congress has
directed the president to take steps for the
suppression of the war in Kio Grande do Sul.
A dispatch from tlio Herald's corre
spondent in Buenos Ayrcs says that the
Argentine congress is discussing the action
of President Saenz Pena in dissolving
the war advisory bo.ird. General Cap-
dovila in a letter to the prcsi-
dent severely criticises the leading
officers of the army. Ho declares
that their places have been given them on
account of favoritism ; that they nro in
efficient , and that the condition of the army
is bad. Ho demands that the president adopt
measures for reforming the management
of the War department. Minister of Wr.r
and Marino Victorica has ordered the arrest
of General Caudevllla for writing tlio let
ter. This will probably cause trouble which
can only bo ended by the resignation of Vic
torica.
IIUYOLUMONISTS VICTORIOUS.
Pitched Ilitttlo In XicarnKua llosults In n
( iovcriiiiient Itont.
GHANAPA , Nicaragua , ( via Galvcston , Tex. ) ,
May 23. [ By Mexican Cable to the Now
York Herald Special , to Tun Bnn.l The
battle betwcou.tho. revolutionists and..the
government forces ncarOMnsaya began at JO
o'clock in the morning of May 10. Tlio gov
ernment artillery consisted of five
Krupp guns. Tlio battery was stationed
one mile north of Nindiri station. On tlio
summit of Cosotcpo hill was stationed the
revolutionists' artillery. This hill is a spur
of a mountain range. From the battery of
the government forces 210 shells wore fired.
The revolutionists replied very effectively
with sixty shots. After the engagement
three carloads of government soldiers who
had ' ' been wounded in tlio fight wore taken
from the field and sent to Managua. The
revolutionists escaped without injury.
Cannonading was renewed at 8 o'clock on
the following morning. Tlicro was a spirited
attack at 0 o'clock , in which 1IOO ! govern
ment ti'oops were opposed to 1,030 of the
revolutionary forces unaor the command of
General Barranca. Tlio government forces
wcro repulsed with heavy losses.
Itepulscd the Government.
Within two hours the government Torces
were reformed and , with 700 men attacked
the enemy on the Tipitapa road. There was
very hot fighting until noon , all of the way
from Nindiri to Tisma on the highway.
Thcro were stationed around Cosotcpo hill
! 500 of the revolutionists under General
Catarina , nnd 450 government troops under j
General Masatcpo. Tlio government forces
flanked the volcano mid joined tlio other
troops in another assault from the Nindiri
side. After an hour's fighting Barranca's
forces were in complete control of the
Tisma road. Tlio government forces re
treated pursued by the revolutionist forces.
Desultory fighting continued until a quar
ter to a o'clock in the afternoon , when com
plete success rewarded the revolutionists.
Stole nn They Fled.
On the retreat the government troops
plundered Nindiri village. They retired in
confusion. The revolutionists lost twelve
.killed and eight wounded , nearly all of
whom were officers. Of the government
troops 120 were killed und moro than 200
wounded. Two generals were killed.
President Socosa and his family are in
Corinto prepared for flight. Tlio eovern-
meat is in disorder. Its troops have been
disbanded.
In Managua there wcro captured 200 men
armed with rifles , who wcro ready to Join
the revolutionists at the first opportunity.
The steamer Victoria , on Lake Nicaragua ,
was slightly damaged , but Is now being repaired -
-paired , In the battle the government had
2,500 troops and tlio revolutionists lfiOO , , but
the latter were protected by covered in-
troncbments.
ItlX./.O ItUI.KI ) OIT.
lie AVI 11 Not ] So Nnuifil ni Consular A emit
ut the Town of I'uz.
lCopurl'jM ll83J liu James dunlin Domett. ]
FEZ , May 23. [ New York Herald Cable
Special to TUB BI-K. ] The incident of
Rizzo nnd the United States consular agency
at Fez has terminated. I understand the Do.
partment of State ut Washington , In answer
to the application of Colonel Muthows ,
United States i consul general nt Tan
gier , requesting the confirmation of Rlz-
zo's appointment , has answered .tlmt
ns Rlzzo Is already the consular
representative of Portugal and Brazil , that
lie would bolter name some other person , So
exit Rizzo. As I telegraphed you , Rlzzo has
left Fez , abandoning the attempt to get
himself recognized , oven as the representa
tive of Portugal and Brazil. I have not as
yet been able to find that there Is any urgent
demand in Fez for a representative of Portu
gal or Brazil , and the proteges of the United
States only number four , Still it is certain
the right to have representatives in Fez is
accorded all nations by treaty and all powers
have In their treaties the most favored
nation .clause. The United States , there
fore , is entitled to the benefit treaty of 1650
between Great Britalu and Morocco. Article
U of that treaty reads as follows : "Tho queen
of Great Britain may appoint ono or more
consuls In the dominions of the sullau < * t
Mi nnd Fez , and such consular consuls
sh bo at liberty to reside In any ot the sea
port cities of the sultan of Morocco which
th may find most convenient for the affairs
an service of her Britannic majesty , and for
the assistance of British merchants. "
HI7.7.0 nnd his friends believe that some ono
has been working against him In Fez. This
isdi quite possible. The town Is n hotbed of
disease : , mental and physical , nnd among the
disordered Intellects of Its tnplo community
of Moors , .Tows nnd Christians may bo found
patients In advanced stages of mendacity ,
hypocrisy and kleptomania , not to mention
other complaints oven moro incurable.
IDJ yyit'/c ifoit "w/ > . "
Nnte Chamber1 Ill-other Killed l > y Mlko
Sluunoy In Wyoming.
Dou < u.A9 , Wyo. , May S.1. [ Special Tele
gram to TIIK Dr.n. ] Mlko Shonsoy , toreman
of the " 77" ranch situated about
llvo miles northeast of Douglas ,
rode Into town early tills morn
ing nnd surrendered to the sheriff ,
stating that ho had killed "Dud" Champion
near his ranch last night in self-defense.
Tlio victim was a brother of Nato Champion ,
killed by the cattlemen who went gunning
for thieves last spring , and Shonsoy was a
member of that invadlmr host. Champion
has been living on Powder river
slnco about n week ago. Ho was dis
covered in ambush near the Ogaliala
ranch by two cowlwys who found him lying
in a gulch beside his horse , with a Winches
ter and six'shootor by his side. Ho ques
tioned the cowboys closely ns to the where
abouts of W. C. Irvine , manager of the
ranch and ono of the Invaders , who is in
Chicago now , admitted that ho would likely
"got" some of the Invaders before ho was
much older. Ho made similar threats at
a road ranclOvhcro ho spent Sunday night.
Monday night Slionscy sat on his horse
talking to the foreman of n Texas herd
camped near his ranch , when Champion rode
up nnd stopped within ten feet. Champion
had taken ills pistol from tlio scabbard and
placed it inside his pantaloons and had tlio
handle of the gun In his right hand , As he
approached Shonsoy said : ' 'Champion , is it
true that you threatened to kill mo on
sight ? "
"I never said no such d d tiling , " re
plied Champion , but as he spoke ho pulled
his gun as though to shoot , Ho was not
quick enough. I
Shonscy reached for his artillery as soon
as Iio saw Champion make a like motion and
Champion fell from his horse with n ball
through his body. Shonscy dismounted and
sprang into a washout a few feet away ,
while. Champion lay on the ground holding
his revolver in both bauds and straining
every nerve to get in position to shoot.
Shonscy lived again , killing his man and at
once set out for Douglas to civo himself up.
The body of Champion was taken to Lusk
today where ai inquest will be held tomor
row. A vcrdiijt of self defense will doubt
less result. Champion had a bad reputation
and came near killing the city marshal hero
two years ago while drunk.
Swnllowecl Stolen I'ropcrly.
CiiGTr.\'Nc , Wyo. , May S3. ( Special Tele
gram to Tin : Bnn.l Charles Hamilton , John
Murray : and Ed Marion were arraigned in
the district court today on tlio charge of
larceny of a valuable diamond. Hamilton
pleaded guilty , while tlio other two assert
their iniioconco. Marion is a brother of the
Chicago alderman , nnd will bo strongly
defended. Hamilton admits having swal
lowed the diamond during a struggle for its
possession in the police station. What
'Uftcr.ward.becuine ' of the stone ho docs not
know . , he'says : The trial promises tobo
j.
very interesting as there is u woman ithpli-
cated in the case , though not jointly indicted
with tlio three men.-
Kiwllns' : Now' .School Itonril.
. UAWI.INS , Wyo. , May 23. [ Special Tele
gram to Tun Bi'.n.J At the special school
election this evening to fill vacancies caused
by the old board resigning , E. Sluvcr , J. A.
Donnell and 11. S. Hanson were elected by
an average majority of ! ! " > . There has been a
bitter light hero for some time in school
matters. Two of the old board stood for re
election. Ono hundred and forty votes wcro
polled.
nrsTLKSt. ! * ro iroiiR.
Striking Ilnllirny ToluBrnphors Are Again
nt Their Keys.
CniCAfio , 111. , May 23. The strike of tele
graphers on the Chicago & Northwestern
jj
railroad went into effect at 4 o'clock this
morning and resulted an hour later in a dis
astrous wreck involving tlio loss of many
thousands of dollars and blockading
the cntiro Milwaukee division. It
was Just 4 a. in. when every operator on tlio
line north of Evanston fnlloJ to answer sig
nals from tno train dispatcher's office. Tlio
officials at once gave orders to use tlio ut
most cave in running trains , and the orders
were scarcely out when nn accident oc
curred. A heavy freight train from the
north loaded with Ice , hay and beer when it
reached North Evanston found the switch
signals set all right , but nevertheless ,
struck an open switch , piling the cars up in
n heap , obstructing all tlio tr.icks. Tlio
trainmen saved themselves by Jumping.
Chief Itnmsoy says tlio order to quit work
is bogus , and that the matter has been
settled. It was owing to the fact that tlio
order to quit , was suspected by many not to
Iio genuine that so few quit , ho declared.
Ho added that the rail way officials explained
their position with regard to discharging
men. Tliogriovancocommittcc Is thoroughly
satisfied and its member * have left for homo.
Striking Cotton Opurutin-s Will Immigrate.
, Colo. , May 23. Tholitrlkingoper
ators at the Overland cotton mills , to the
number of lf > 0 , are about to take a now tack.
They nro going away. The question of I
emigrating lias taken hold of the employes
and arrangements linvonlrCady been made to
leave the state for their old homes.
Tills will leave tlio cotton mills company
in the lurch , it is Muted , to the extent of the
balance of several thousand dollars ad
vanced by the company for railroad fares to
bring the employes out hero. SmMl amounts
of tncso fares have been ! > .ild back to the
company , but the great uaiunco still re
mains unsettled ,
The mills are being operated nt present by
a reduced forco.
Ktrllclng Kiinsn * Caul Minors.
PiTTriiiuno , Kan. , May 23. The situation
In the Kansas coal fields Is unchanged ,
President Walker is preparing to issue a
general order , calling every union miner In
the state out next Monday , and fixing Mon
day a wcok hcnco as the time for the
Missouri miners to quit.
Have Oovcrnor I.eivelllng'n SyinpHthy.
TOI-KKA , ICan , , May 1J. ! Governor Lowell-
Ing says that tlio striking coal miners in tlio
Chcrokco district nro In tlio right and RO
long as they refrain from violence will have
tlio sympathy of all who believe In fair play.
Kearney High School flmdimten ,
KBAUNDV , Neb. , Mny 2H. [ Special Telegram -
gram to TUB BKE. ] The graduating exer
cises of the Kearney public high school were
hold at the opera house this evening. The
address to the graduates was delivered by
Chancellor Canfleld of tlio State university
and the presentation of diplomas was made
by Mrs. Phil Brady , vice president of the
Board of Education. Tlio graduates are
Hal nil Andrews , Charles Asplnwall. Gcr-
trudo Grimes , Sue ( Justin , Augusta Hoofer.
Knto Munspeakcr , Margaret McGill , Maud
Sizor , Arthur Swltz , Edward Tillson and
Daniel Wiseman.
General Van Wyrlt'n Condition.
NBIHUSKA CUT , Neb. , May 23. [ Special
Blegram to TUB BBU. ] There has been no
lange in General Van Wyek's condition
today. Word was received hero from Wyo
ming at 8 o'clock stating that ho was rest-
Ingoulutly , but was very weak , No ono Is
permitted to see him beyond the family and
Intimate friends.
Tiiiiif
ALL THE EVIDENCE IS IS
Last of the Testimony in the Impeachment
Trial Taken Yesterday ,
CASE WILL BE FINALLY SUBMITTED TODAY
Itccnnlt of tlio I.CRMutnro mul Letter * of
llotrrnnr Hoyil OITVrnl nnd Arroptod
by tlio Court , ludc
Open * for tlio atntc.
LISCOI.M , Neb , , May 2 ; ? . [ Special to Tun
BKB. ] Tlicro was a slight brcalc in thd
monotony of the Impoaohmont pi-occodlnga
this morning when AV. lU'nry Smith , dean
of the law ilop.irtmcnt of the State Uni
versity , marched into the court room fol
lowed by nineteen of. his lledgllngs , who
wcro given seats In the circle within the
bar. They blushed like a lot of school boys
when Mr. Snilth Informca the honornblo
members of the supreme court that all of
the young men had passed a creditable ex
amination , nnd were present to take the
oath which would start them out In business
as bachelors of law. The court accepted
the statement of the dean , whereupon the
young men held up their hands , took the
oath anil then went out to interview Clerk
Campbell upon the subject of certificates.
Beginning with the regular work of the
court , O. O. Sparks , yardmaster of the Bur
lington road , testified.
"Aro you familiar with keeping the yard
books t" asked Mr. Webster.
"Yes , sir ; Jam. "
"How often during IS'.U ' and ISW wore tha
cars on the asylum and thoStoclavell switch
checked ! "
"From ono to two times per , week ; cars
were taken out there frequently without any
record being kept. "
"Are your checks a complete record of the
cars ? "
"Xo , sir ; they are not , for the cars are
constantly moving ; wo have from twelve to
fourteen switch engines handling the cars-.a
car could bo taken to the asylum without
being checked ; the checker could go out
there in the morning and check everything
on the switch and come back ; during the
afternoon n car might go out and bo un
loaded and there would bo no record. "
Ho Hud Xo Dalii.
"What are your duties with reference ta
tlio cars J" uskcd Judge Doano on cross ex
amination.
"General supervision. " answered thq
witness.
' Have you any thing to do with that train ,
No. yt1 !
"In a general way ; I have this much in
the absence of Superintendent Scott tha
men arc under my instructions. When cars
nroputon the train after the train is inado
up. then we have no record in some cases
wo have ii record and ugain wo have not. "
"Is it the system of tlio railroaa to keep n
record ? "
"There is not always a charge made ftu. ,
the cars ; If a car is sent direct to Stock *
well'sSIh&ivuwould boa record , but If tha
"
car camOjto "Lincoln and then was sent ouft
there mljnit bo no record. "
"Doyort vniemberof tho-switch cnglna
taking a car to th'dVttylJim durinir 18UI ( "
"Yen. sir ; they wcro taicou out there , but I
can't give you tlio dates. "
"Was ( i car sent out in 1891 without a
rcccrd ? "
"There were some sent out , but it was an , i
exception to tlio rule ; 1 know they went out [ J
without a'record , but 1 can't give you any
dates. "
"Is it not your duty to-tako the account
of cars outside of tlio yards J"
"No , sir ; but I get copies of the chcuics. "
"How do you know that tlicso nro copies ! "
"I know that they are copies ami 1 know
that they are oviaenco to me ; after four V"j
or llvo days we are not particular about keep- ti
ing these checks ; when they cleaned out the ! s
old ollico they took the checks away. " ; y
Ollercit tlio I.CKlsliitlvo Kocard. f- '
C. C. Caldwcll , acting secretary of state. ft
was called , bringing with him the records or h
the legislature , showing the proceedings ol \
March ! ! 0 , ISO ! ) , touching upon the question " ;
of impeachment. i
Joseph It. Webster , for the respondents , p
said that the purpose of the record wan to
show that the joint convention took no tcstl- '
mony.
Judge Doino : objected to the introduction
of tlio record , saying that the rule was that ( ,
the court would have to act upon the report } <
it was not necessary that the Joint conven * J
tion should take testimony ; the coinmittca !
appointed by tlio legislature had taken tcstl * t
mony and all that the joint convention !
hud to do was to act upon that
report. The letter which the respondents - ( '
ents sent to the legislature , demanding - }
ing nn Investigation , barred them from - ,
taking advantauo of any technicality , did
any exist. A court , Judge Doanu hold , could
not inquire. Into the action of a co-ordinato
body.
Joseph R. Webster contended that a grand
Jury could not llnd a bill without evidence ;
the-communication which tlio rc.ipondcnU
forwarded amounted to but littlo.i
" \Vo are prepared to show , " continued Mr.
AVobstcr , "tlmt the legislative investigation
was an ox parto matter ; that the evidence
was never reported to the joint convention
nnd was never read , "
Judge Doano taid ; that ho was tired of
hearing about the star chamber session ; the
record allowed , and it was in evidence , that
the respondents were before tlio committee
to make their lanin and impudent ox-
cuses ; it was the usual custom to
refer such matters to a committee
ami then lot the committee report
Its findings , which had the sumo effect as
though the investigation was hold before
the cntlru hour. There was no court which
had any authority to go behind tlio record of
tlio impeaching body to find the munnor In
which the impeachment articles wcro
brought about.
The court hold that the record could go in
evidence , but no oval testimony woulu bo
received uwn | the subject.
Following tills Mr , Webster Introduced a
record to show that a former board toolr
public money to pay the expenses of a vlslc
to tlio Iowa reform school at Kldoni.
Judge Doann objected on the ground that
the rcnpondents could not justify simply bu-
cau.so another board had performed an un
lawful ; ict.
Jti3iico Maxwell ropllcd that the record
could go In to bu considered for what It was
vorth ,
Chief Cleric ICrlu Johnson of tlm last houco
of representatives was sworn for the pur
pose of identifying some of the house jour
nals ,
Homo Cuoil Aclvlnen from tlm Court.
"Do you think , " Interrupted Justice , Maxt
well , "that tills court will jro back and ilk
qulro If the records show the. adoption of thfl
articles ? Your nnalou'y ba wccn n court o |
impeachment and the action of a grand jury
Is rather far fetched , My'Idea is tlmt wa
cannot go back and enquire into tlio motives
which prompted the legislature In brhiilnp
the Impeachment proceedings. "
Mr , Webster contended that the loglsliu
lure could not find an Impeachment on coin *
mon forms. What he wauled wan to cstuu-
ll.sli a precedent.
" .Mr. Webster , " remarked Justice Max
well , "when the facts before this court are
disputed , thuy are referred to a commission ,
which reports upon the findings , and then
this court passes upon the JlndirigH. My Idea
is that the legislature acts In the same way ;
It refers a matter to a committee , which re
ports the findings , after which the body
passes upon such findings. If It IK desired
till of thn reports ran go In for what they arc
worth. "
"Here endeth the worn Jng Ictaun. "
KvliU-nuc 'n ' JU-lnitlal ,
At the opening of the afternoon se lon ,
' * . '
i'h iiii a