Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 09, 1894, Image 9

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    TWELVE PAGES FH A DAILY BEE TWELVE PAGES
ESTABLISHED JUNE 10 , 1871. OMAHA SATURDAY MORNING , JUNE 9 , 189 ! . TWELVE PAGES. SINGLE COPY FIVE CENTS.
Boatner'o Strictures on the Federal Judiciary
Reviewed by a Colleague.
STONE'S ' MINORITY RCPORF ON OKINS
i
tlnlim Incorinliitcntlufi In tlio Coiiimlttco'it
ItttotnnirmlitlloiM Would I.uivo tlio
Unvfttluii < il tint Validity of tiltI ii-
jitnc Ions lo tlio ( oiutit.
WASHINGTON , Juno 8. Iloprcscntntlvo
W. A. Stone of Pennsylvania today submlttcil
a minority report on the recent Investigation
by n subcommittee of the house Judiciary
committee of the famous strike decision
of Judge Jenkins. The report Is signed by
Representatives Stone. Hay of New York and
Powers of Vermont.
After reviewing briefly the history of the
Injunctions Issued by Judge Jenkins , the
subsequent proceedings under them , and the
Institution of congressional Investigation , tlio
report Bays : "It appears by the testimony
taken by the subcommittee house Judiciary
that the emplojcs understood the Injunctions
to prevent them from leaving the service of
the railroad In any manner without the con-
Hont of the leceivcrs. A motion was made
bsforo JuJge Jenkins to modify the terms of
hit orders , and in an opinion filed , which
Is published with the testimony In this case ,
ho disclaims any Intention by his Injunction
to prevent any of the employes from quitting
the service of the company In a peaceable ,
decent or reasonable way.
"In his opinion ho says 'Nonelll dis
pute the general proposition of the right of
every one to choose his employers and to
determine the time of service or conditions
or his right to abandon such servlc.- , peace
ably and decent. "
"An appeal to the court of appeals of that
district from these Injunctions granted by
Judpo Jenkins was taken , and the same Is
now pending with the expectation of a decis
ion within the near future. "
"The committee has reported at some
length , taking Issue with Judge Jenkins
Bolely upon the law of the case and holding
that ho committed gra\o legal error and was
guilty of an abuse of legal process , and has
bUbmltted a resolution for adoption by the
house and also recommending a statute pro
hibiting the enforcement of specific perform
ance of labor contracts by legal process.
"As the minority does not represent the
governing power of the house it does not
fe l called upon to Indulge In any affirmative
proposition in relation to the subject matter
of the report. Its recommendations would
have no power , and , therefore. It Is not
worth while to make them The labor ques
tion In Its relation with railroads Is one full
of complications bacause of the public Inter
est which intervenes. In ordinary cases be
tween employers and employes , the public
liavo only a remote Interest , but hero they
have a direct one ; not only free passage from
place to place is prevented , but supplies are
cut off and business paralyzed. On the ono
hand It Is for nobody's Interest to cripple
the railroad owners , for Injury to them when
made Systematic and general would be death
to all Improvements and a hindrance to
other railroad building ; on the other hand ,
men are entitled to a fair wage In the settle
ment of the amount of which they must
have reasonable combined voice. It must
bo still further said that some method of
adjustment must bo had which will secure
public traffic and the business of all people
from being Interrupted by the disputes of
those Immediately concerned. It can be
seen at a glance that such a question cannot
bo settled by the concurrence of both parties
on a common basis. The basis of settlement
will bo found when the persons Interested
have had the benefit of many failures on
both sides. We have great hopes that a
basis will soon bo reached , first by finding
what the law is , and , second , by agreeing
to what It ought to be. We , therefore , must
decline to follow the majority Into any dis
quisition as to what the law Is. That seems
to bo under the control of another branch
and already In line to be settle authorita
tively.
"llut the attitude of the majority Is ono
which ought not to pass without anlmad-
verston. , If , as the committee says , 'tho
testimony adduced before us falls to show
any corrupt Intent on the part of the Judge , '
If also 'It Is altogether possible that ho
sincerely believes the orders granted by
him were sanctioned by law , ' then the ques
tion should bo left to the. appellate tribunal.
A federal judge In the exercise of his
functions having arrived at a conclusion
without 'any corrupt intent , ' a conclusion
'ho sincerely believes In1 ought hardly to bo
harrassed by a congressional committee
since lie Is qulto as likely to bo right on a
point of law as they. Individually we may
believe his law was not sound and may not
think It will bo so pronounced by the
tribunal of appeal , but If he was honest
and lias given his honest opinion honestly
It would seem as If the correction should
como from another source and that the law
Bhould bo settled by the proper tribunal
prior to legislation. It may be that no
legislation Is lequlred and the appellate
court will afford all the relief the country
needs. If on the other hand Judge Jenkins
has been , wo will not say corrupt , but un
duly swayed In the exercises of his func
tions by Improper Influences or has state. !
law so badly that It was plain that ho
violated his evident duty as a holder of the
scales of justice , as an arbiter between
rival Interests , then ho should bo Impeached ,
or If ho has corrupted or has so wrested the
law of the land that Injustice has been done ,
BO evident that It carries with It the proof
of evil Intent , then congress has a plain
duty to perform. But If It bo a mere ques
tion of law , then the judiciary has the duty
to perform , and congress , by granting a
court of appeals , has ended Its duty. Of
course , when the case Is finished , If the
final appeal should demonstrate that the
law IB defective , then remedies should bo
applied , but we ought to know what the law-
la before'wo act. If It should bo finally
determined that Judge Jenkins was wrong
then the law may not need amendment. ,
The committee thinks ho was wrong and
yet proposes to act as If he were right.
"So much for the legislation originally
propose I. A8 for tne resolution proposed
later , wd do not see how It couui bo justi
fied , Wcro It demanded that wo should
vote condemnation of any proposition that
Involuntary'servitude should bo established
by any Interpretation of law all sensible
men would bo agreed , and republican * above
all not to propose that a judge , who , as the
majority declare , 'had no corrupt Intent , ' and
'who sincerely believes' In his conclusions ,
fitallltlioit \ Impeachment bo censured by
the legislative branch of the government.
"Is the government to confound all dis
tinctions between the legislative and the
Judicial powers and create a sldo tribunal
of appeal where justice would bo for sale
to the suitor who could poll the largest
\otc7"
TO AVOID IIAII.HOAI ) I..VIIOK WANS.
Conercasiimu Tnmioy HUH tin Arbitration
I'inn rrnmiMl In n Hill.
WASHINGTON , June 8. Since the rscent
strike In the northwest on the Great North
ern road , which for several weeks Inter
rupted the transportation ot passsugcrs ,
freight and malls on the 4COO in las ot that
railroad , Congressman Tawney of Minnesota
lias given the subject of the settlement of con
troversies of that nature by arbitration careful -
ful consideration , and today Introduced a
bill looking to that end. It differs very ma
terially from all other bills on the subject
Introduced In this congress. It creates no
now officers , but utilizes the circuit courts
In carrying out Us provisions. It applies to
controversies between railroad companies
doing an Interstate business and their em
ployes ,
Under the provisions of this bill when a
controversy exists between a company and ,
' < employes which Impedes or threaten * to
Impcdo the transportation of passengers or
ptopcrty or mall , either party by filing a
petition may securu from the circuit court a
cltntlon directing the other party to the con-
trove ! ty to appear and answer. If neither
party c\ercl e8 tills right cither before or
within a reasonable time after the ctriko
occurs , It Is made the duty ot the district
attorney of the United States , upon the re
quest of any board of arbitration , to bring
tlio parties Into court for the settlmcnt of
dhpute. Upon the consent of the parties ,
It became the duty of the Court to hoar and
determine the controversy In the same man
ner It would hear and determine any matter
properly before It.
If the parties do not consent to the court
hearing tha controversy , a board of ai till ra
tion Is to be appointed , to whom the matter
Is referred , The board Is to consist of five
persons , ono to be selected by each of the
parties , and three by the court. Those se
lected by the court shall not bo connected
with or interested In any railroad compiny ,
either as an officer , stockholder of employe.
Objections to those selected by the court may
be interposed by either party , and If the
court deems the objection reasonable , the
person objected to shall not be chosen
Should either party fall or refuse to select
a representative , It ! made the duty of the
court to select one for them. This board
Is then to hear and determine the contro
versy. The time within which Its award
must be filed Is left to the discretion of the
court. Within three days after the nward
Is filed either party may move to have
It vacated or modified , but only on the
ground of Its having been procured by fraud
or corruption , or upon eirors of law ma
terially anVctlng the rights of either pirty.
When confirmed the award becomes Iho de
cree of the court and Is to be conclusive.
Severe penalties arc Imposed for a failure
or refusal on the part of the company to
comply with the judgment , providing the
refusal causes n strike
I3ut If the company complies with the
judgment , so long as the condition ! ! In foice
when It Is rendered remain substnntlaliy
unchanged. It Is declared to be a misdemeanor
meaner for two or more of the empojes
or for any outsiders to combine or conspire
for the purpose of causing a strike on ac
count of any mattrr previously determined
by the judgment Tills Is an offense which
must bo proved by a jury trial
In the preparation of ( he bill , Congress
man Tav.ney was ass'stcd by Congressman
Hartman of Montam , whose cltlznes were
al o seriously affected by the Great Northern
strike. The bill was referred to the com
mittee on Judiciary.
: ll'.Ut IT 1'OXI ) GHEE 1C.
right lietwien the Oovcrnim-nt and the
Itnck Irliiml Itnllro id.
WICHITA , Juno 8. On a telcpram from
the Rock Island otnclals the sheriff has sent
a number of armed men on n special from
hero to Hound Pond , Okl. , where a railroad
war Is In progress.
All these mtn werf selected for bravery
and were heavily armed with Winches1 era ,
under command of Jnmes Carnes , ex-chief
of police , and ono of the best known and
nerviest officers in the west. Ex-Deputy
Sheriff Darnell Is another of the party.
POND CHEEK , Okl , June S The war
is the outcome of the old town-
s'te ' dispute. The government estab
lished a townslte and the railroad an
other. The residents ot the government
townslte Insist on the railroad stopping Its
trains and the latter
declines. Yesterday a
wagon and team was run down by a freight
train running faster than the city ordinance
permitted and the citizens began tearing up
the track. A live stock train came along
and the engineer disregarded the danger
signal and was wrecked , a lot of cattle be
ing killed. Later the track was repaired
under protection of United States deputy
marshals and today every one Is going about
armed
EL RENO , June 8. The force of deputy
marshals from El lleno , who went to lord
Creek to protect the railroad property from
the townspeople of that city , returned tills
evening. They report affairs fully as bad as
stated and that a constant patrol was all that
kept their bridge from being burned uiit , as
the bridge was already oiled and prepared
efor the match.
J-oic A L.IXD
Jmljio IliilloU Puts A. G. Oorlmiu In Ch irgo
of n Wealthy Concern.
DENVEH , Juno 8. Judge Hallett has ap
pointed Austin G. Gorham receiver for the
Denver Land and Water Storage company
on application of the State Trust company
of New York , representing the holders of
general mortgage bonds for $537,000 , Interest
on which was due May 1 and was defaulted.
Hufus Clark holds a second mortgage for
$237,000 , on which no Interest has been paid
for two years.
The Denver Land and Water Storage com
pany owns Castlewood dam , the Clark colonies
nies and the Arapihoe canal system. Its
land possessions amount to 17,000 acres ,
starting two and one-halt miles south of the
city limits and running twelve miles south.
Its dam and flitches , according to W. E.
Alexander , vvhS Is secretary , manager and
heaviest stockholder , cost flSS.DOO , and are
perfect models of their kind. Mr Alexander
estimates the value of the franchise at
$1,000.000. Ho says the company will come
out all right.
iriitnita ix KELLVI * c.um
Annlo Ilootcn of Council IlliifTd Miurlod to
11 Coniinomwilor.
CAIRO , III. , Juno 8. The camp of the
Commonvvealcrs jesterday was the scene of
a wedding under singular and romantic cir
cumstances. It was the marriage of Thomas
T. Suttllffe ot San Francisco , aged 33 , and
Miss Annie Hooten of Council Bluffs , aged
27. 'Squire Joseph Stcaglea secured the li
cense , charging no fee for tying the nuptial
knot. .
'Squire Steaglea drove to Camp Kelly
Arriving thcro he was escorted to a log
heap ten feet high , shaded by trees , The
bridal party were assisted to mount the
pile , and General Kelly sounded his bugle ,
when about 1,150 men surrounded them with
bare heads. After the couple had been pro
nounced man and wife , the bride , overcome
by emotion , fainted , but was restored to
consciousness In a few minutes. ,
20 itixa M.VO ran i < it'K.
Or * IMojcr , Poisoner of T.udvvlg lirundt ,
Sentenced Toil. 15.
NEW YORK , Juno S. Dr Henry C. F.
Meyer was today sentenced by Recorder
Smytho to Imprisonment In Sing Sing prison
for life. Dr. Mover was convicted of poison
ing Ludwlg Draiult.
Mrs. Meyer , who was jointly Indicted with
her husband for poisoning Brandt , Is still In
the Tombs , but the date for her trial has not
been fixed ,
Journalism In IO\TII.
SIOUX CITY , Juno 8. ( Spec al Telegram
to The Bee. ) J. L. Lewis , who with Atico
Hart , a prominent Nebraska politic an , rep
resented a Chicago bcnsat'onal paper lo-
crally , has Just returned fr m tha penitentiary
and commenced preparations for the publi
cation of another sensational paper. He
was promptly rearrested on nix Indictments
hanging over him , and Is now In Jail , The
authorities Informed him that he would be
prosecuted on all the charges , and he has
asked to bo permitted to plead guilty to all
of them , and receive a light sentence In
each case. Ho will probably bo pet milted to
do so.
_
Dill Not Hurt Any Ono.
ALBANY , N. V. , Juno 8. An attempt was
made to wreck the passenger train duo at
7:40 : at Rockefellers crossing on the Dela
ware & Hudson last night. A rail had
been fastened across the track. The train
crashed Into the obstruction and tore off the
fastenings , but did not leave the track.
There were about fifty passengers aboard ,
but barring a shaking up none of them were
Injured ,
NOT ON MR , OLSEN'S ' ORDER
Peculiar Circurnstancji of an Alleged At
tempt to Get Oity Money.
REPLY OF THE TREASURER TO MR. RHEEM
lErporlvil Scheme to Secure tlio City Klrc-
trlclun'.t Siilitry In hpltu of the Injunc
tion mid lion It Worl ? < t-ix-
lihiimllong In Ordi'i.
A small sized sensation was created In
city olficlal circles Thursday by what was
reported to be an attempt on the part of
Acting City E.ectrlclan Ilheom and the city
comptroller to steal a march on the courts
by securing the payment of Mr. Rhcem's
salary before the city treasurer had received
notice of the fact that an Injunction had
been Issued to restrain the city from paying
the amount. According to the statement of
the city treasurer , Mr. Rhecm met him on
the street and endeavored to Induce him to
pay the amount on a certificate from the
comptroller that the Item had been allowed
by the council over the mayor's veto. Mr.
Rhtem's utory Is that ho simply asked the
city treasurer for Information whether such
it payment would bo proper , as a general
pioposltlon , and without any Intention of
asking him to paj that particular claim.
The Injunction was issued at I 30 o'clock
Wednesday afternoon and the papers were
served on the mayor soon after. For some
reason Mr. Bolln could not be found during
the evening , and he knew nothing of the
Injunction until he i cached his office the
next day. In the meantime ho had met Mr.
Rhecm and the conversation occurred con
cerning which there appears to be so much
misunderstanding. The comptroller figured
In the affair to the extent of making out
the certificate for Mr. Rhecm , and advising
him that he thought that he could get his
money without waiting for the warrant to
be signed. According to the statements of
othei parties , this was all done after the
comptioiler had been Informed of the fact
that the Injunction had been Issued.
WORKING FOR KHEEM S SALARY.
Early Thursday morning Comptroller
Olescn called up the mayor's office by tele
phone and said that he had two warrants
ready for signatuie which were passed over
the veto of the major at the council meetIng -
Ing Tuesday night. Ihese were for the
salaries of Rheem and Hugh S. Carpenter ,
the newly appointed engineer of the public
library building. He waa told that Cai-
pcntor's warrant was signed and paid the
day before , but that the mayor had been
tnjomed ficm signing the one bearing
Rheem's r.ame. Olesen professed ignorance
of the fact that an Injunction had beun
issued and hung up the 'phone.
Two 01 thiee hours after Mr. Rheem' met
City Treasuiei Uolln near TV elfth and
Harney streets. The lattei's statement is
that RlR-em asked him If he had heard of
an injunction and on receiving a negitlve
answer Inquired it ho would not pay him
the amount at that time on an order from
the comptroller. At the same time ho
presented a slip of paper bearing Olesen's
signature. This was to the effect that the
item of Rheem's salary had been passed
over the major's veto and could legally be
paid.
paid.Mr.
Mr. Bolln thought It a peculiar circum
stance and finally said that ho would not
pay the amount except on a wairant legally
signed by the major. Mr. Rheem did not
prpss the matter and the treasurer came on
to his office , where ho found the notice of
the Injunction.
When asked It It was customary for Mr.
Olesen to Issue orders for the payment of
warrants which had not been signed by the
mayor the city treasurer said that it had
sometimes been done In cases where a police
officer wanted to leave town and there was
no tlmo to have the
warrant signed. In ono
or two such cases the amount had been
paid on the certificate of the comptroller
that the Item had been duly approved by
the council and that the warrant had been
issued In this icase , however , no such
reason for departing fiom the usual pro
cedure existed and the icquest to nav the
claim had been refused.
When asked for his version of the inattei
Mr. Rheem said that ho had bean misunder
stood. He had been advised by a number
of persons , among whom were one or two
e\-councllmen , that the amount due him
could legally ba paid by the city treasurer
on a certificate frora the comptroller that It
had been allowed by the council. It was
his personal Impression that It could only
bo paid on a wariant signed by the major
and he had slmplj asked Mr. Bolln a general
question as to the law In the matter without
Intending to Intlmato that ho wanted any
money. He had himself Informed the treas
urer that the Injunction was issued and had
no Idea of taking any advantage. He did
not want his salary until after the courts
had decided the case and had no Idea of
entering Into any suspicious transactions.
Ho had not asked Olsen for the certificate ,
but the comptrollei had given It to him on
his own responsibility and had further In
formed him that he thought ho could get
his pay on the warrant without the pre
liminary of the mayor's signature.
OLSEN TELLS HIS SIDE.
Mr. Olsen admitted that ho had given Mr.
Rheem the certificate , but claimed that It
was at his request and only ns a matter of
form. Ho had often done the same thing
for various parties , but did not know what
they wanted It for. They had never told
him and ho had not asked. He was quite
sure that they were never used to obtain
advance payments from the city treasurer.
Mr. Olsen stated that his convcisatlon with
Mr Rheem took place about 10 o'clock , which
was about half an hour after the mayor's ,
clerk had InformctJ him of the Injunction.
There Is little ? * doubt among those ac
quainted with the facts that there was a
concerted plan on foot to beat the Injunction
and obtain the salary pf the acting city
electrician before the papers were served.
Mr , Rhecm himself disclaims any such Inten
tion , but his other statements go to show
that various other parties were very anxious
to Induce him to take such n course. The
anxiety of the comptroller In the matter
Is severely criticized , as It appears that he
voluntarily gave Mr. Rhecm the certificate
and advised him to try to got his money
after ho vvas acquainted with the fact that
the Injunction had been Issued and had been
served on themayor. . The' gencial drift of
opinion around the city hall Is to the effect
that In listening to the advice ot his fool
friends the electrician narrowly escaped a
very embarrassing situation.
Onmlm'a Ilnn'c Account.
The county treasurer paid $8,377.60 Into
the city treasury yesterday as an amount
collected on the county road fund ,
The not collection of city taxes during
May amounted to $65,133 05. Interest was
added to the amount of $6,078.97 , making the
total collections $71,212,02. Ono Item ot 75
cents was for taxes luvled In 1SCO. At that
time there was a balance of 15 cents unpaid
for some reason and It was unnoticed until
last month vvnen the property was trans-
feired. Then It was found necessary to pay
the balance with 60 cents Interest In order
to give a clear title.
I'ounil rounded Uluss In ill * Stoiniith.
URBANA , O. , June S. Marshal Bojer and
William Black are In jail charged with set
ting fire to their saloon build ng to secure
Insurance money. Thin led to the charge of
poisoning William Slmms last September.
Coroner Moore exhumed the body and found
the stomach full of small particles of
pounded glues. When under a microscope
they looked as largo as pin heads.
ClmroUccs Crowding the l' y Window.
TAHLEQUAH , I. T. , June 8. The day at
the big Cherokee payment passed without In
cident , tmj nearly $900,000 has now been
handed out to fortunate Chorokces. The
irowd U ft8I being inifrumented by the ar
rival of hundreds of people dally , nnd the
rntrance to tlv pay windows Is jammed with
an Immense concourae of people from day
break until nljlit. The ru.'li has become
so great and access to the pay windows so
uncertain that a general brokerage business
Ima been Inuuguntcd by a couple cf enter
prising capitalists noTV un the ground.
FUNERAL Oi' A PBIE8T.
Inipre slvii Ccrcmnnlf * O\cr tlio Kcnmlns of
tlio I.uto I'm her llrncn.
Hundreds of people were unnblo to gain
mlmlcslon to St. PMlomena's cathedral yes
terday during the funeral services of Rev.
Jnires A. Bruen and waited patiently until
their completion , after tao noon hour , before
they were allowed to pass down the aisles
and gaze for the last tlmo on the familiar
features In the open casket.
The services bsgan shortly after 9 o'clock ,
when the rites of the ofl'ce ' for the dead wcro
solemnized. The church was crowded at
that hour , but when the mass was begun at
10 15 It was Impossible to gain entrance
even lo the outer vestlbale. It was solemn
requiem mass , celebrated In the presence of
the bishop , Bishop Hcannell having arrived
unexpectedly Thursday. Rt. Rev. Bishop
Scanncll occupied the throne , nnd the clergy
vvas assigned as follows : Assistant , Very
Rev William Kelly ; deacons of honor , Very
Rev John Jeannctte , Rev. J. T. Smith , cele
brant of mass , Itav S. F. Carroll of St
Phllomena's ; deacon , Hev. Francis Loughran
of Button ; subdcacan , Kov A. M Colansrl ,
censer bearer , Rev. P. Judge ; master of cere
monies , Rev Father Galvin
The casket , which vvas placed within the
chancel rail , was completely hidden from
view by the wealth of flowers with which
It was covered , and It was necessary to re
move n large quantity of them before the
services could be concluded At the right
was n very large emblem , "The Gates Ajar , "
beneath a star and white doves , and at the
left a haip ot large size , with a cro s occu
pying the space within the frame. Near It
were the spotless leaves of an open book ,
artistically executed In flowers of unsullied
whiteness. On all sides were unbundled
flowers In the richest profusion.
No special program had been undertaken
by the choir , as the deceased whllo connected
witli the cathedral had practically been di
rector of Its musical organization , and the
members felt the loss too keenly to devote
themselves to the work of preparing new
music. The regular chant was sung by mem
bers of the cathedral choir , assisted by the
choirs of St. John's and St. Peter's. Those
participating were Mchdames McCaffrey ,
Downey , Malier , Fltzm.orrls , Swift , Misses
Lawry , Swift , Jennie Croft , Ella Croft.Me'srs.
Lombard , Baumer , Swift , Schenck , Burkley ,
Piovost , Doyle and Maber. Miss Margaret
Swift presided at the qrgnn.
The funeral service vViS preached by Rev
S. J. Enrlglrt of Davenport , la. , a college
companlcn of the deceased. He spoke par
ticularly of the courage of the deceased in
his last hours , and of the beauty of his
death. He asked tho'prayers ' ot all , that
every member of the priesthood lnlght show
equal Christian fcrtltud j v , hen the end came ,
and leave as bright aa example for these
who remained'behind.
Bishop Scanneli spcluj briefly of the de
ceased. He said that while the many sorrowing
rowing ones whose good lortune It had been
to know the departed ono were disposed to
think that he had been cut oft before the
pos'ibllltles of his promising joung life had
been realized , they mi ( t feel that It waa
God's will , and therefore for the best.
While they mourned , hls loss and" could not
but regret that he had been taken from
among them , they wejc rich in the exam
ple that he hod left them and could not
do better than to shovv their appreciation
cf his bilef presence emong them by striv
ing earnestly to cmulite his courage , zeal ,
obedience and faith.
At the conclusion of the services the waitIng -
Ing hundreds wcro allowed to pass by the
casket and for halt an hour they continued
to flic past.
Thomas Swift , Q. J. Smythe , John Rush ,
Dr. Riley , E. J , Brennan , John Baumer ,
Andrew Murphy and P. , H. Mullen were the
pallbearers and bore the casket to thP waitIng -
Ing hearse , around which the Hibernian
knights threw a guard of horior In hollow
square as Inner escort. The representatives
of the Hibernian post at the fort acted ns
advance guard , attired In the military
uniform of the regular army and the regalia
of the organlratlon. The representatives of
the eight Hibernian organizations of the
city and South Omaha , followed , and after
them the Italian soclely , Dal Cenlslo AH'
Etna , and the members of the Young Men's
Institute , all in regalia or decorated with
the badges of the order.
T. J. Fltzmorrls actcci as marshal of the
societies , with Thomas Lovvry , P. H. Carey ,
George J. ICleffner and Patrick Ford as
aides.
A very long line of carriages followed the
societies. In many of them being the visiting
priests , among whom were : Revs. W. Crowe ,
Frlendvllle ; J. C. Carahei , Hastings ; P. A
Lysaght , Jackson ; Charles Nugan , Schuyler ;
M. J. Barrett , Blair ; John Fftzpatrlck , Kear
ney ; T. J. Carney , Pluttsmouth ; D. Fitzger
ald , Auburn ; M. Waldron , Newcastle ; John
Lawless , Lincoln ; E. Hajes , Imogene , la. ;
J. Hedge , Grand Island ; J. J. Moron , Audubon -
bon , la. ; J. V. Wallace , -Papllllon ; P. J.
Grant. Norfolk ; H. J. McOevitt , South
Omaha ; P. Smjth , Council Rlufts ; Francis
X. Hovora , Plasl ; M. O'Toolo , North Platte ,
D W. MorlaiItj- , South Omaha : L. J. Math-
cry , Crelghton college ! T. O. Callaghan ,
James Burke , John Vranck , John Dixacher ,
A. Tyszka , C. Breltkopf , Thomas Walsh , G.
J. Glauber , Omaha.
The cortege wended Us way to the ceme
tery of the Holy Sepulcher. the marching
societies accompanying It as far as Thirtieth
street.
Ono word describes It " "
, "perfection. We
refer to DoWltt's Witch Hazel Salve , cures
piles.
BOYCOTT ON BEER.
llrcvvers Union Dccl.iros .Ignlngt tlio Product
of Two Omnlm IMiuits.
Formal notice ot a boycott against the
Krug Brewing company and the Omaha
Brewing association wasigiven at noon yes
terday by the Brewery ( Workers union No.
9C through Its secretarj.iErnest Langbehn.
The difficulty which led tip to the Inaugura
tion of this boycott had fts Inclplency In the
refusal ot the combined boss brewers of
Omaha and South Omaha ! to pay employes for
legal holidays when no , work Is performed at
the breweries. The ujilon held a special
meeting last Saturday nfelit to take posslbla
action , as they clalmjlooklng to an amicable
adjustment of the question.
Secrotaiy Langbehn'of ' the union , when
seen yesterday by a illee reporter , said
that at their meeting on lost Saturday It had
been proposed to leave the matter In
the hands of the- executive committee
for settlement. The latter had
made an attempt to dq this Monday , but
the proprietors ot the blew cries had refused
to treat with them. A proposal to turn
the matter over to'an arbitration commit
tee had been likewise met with the brewers'
refusal He had therefore been authorized
to order the boycott Inaugurated , especially
against Krug and the Omaha association.
The other boss brewers' would be dealt with
later on.
In justification ot the union's course Mr
Langbehn said that employes were obliged
to perform an extraordinary amount of labor
on days preceding or succeeding holidays ,
and ho therefore saw no reason why pay
shoi'ld be deducted. , i
The trouble had Arisen on Arbor day
when employes had received no pay. At
that time no action hid been decided on ,
but when on Decoration day payment was
ictused the union had declared for bringing
the bosses to time.
An appeal will be litued to all organized
labor asking members to refuse to drink
Krug's and the Omaha Brewing association's
beer until thccu firm * shall ba declared
union firms. Central Labor union will
probably also be asked to endorse the boy
cott.
cott.DeWltt'a
DeWltt'a Witch Hotel Salve .cures piles
OFFICERS
Prisoner Wanted in the West Having Diffi
culty in Scouring His Liberty.
FORGER ANDERSON COULD NOT ESCAPE
Lively lcgnl niul Ollkhil SklrmUli Orcr tlio
J lltertj of u rugltlia from Jnttlcc
J'ii sltiK on it Contempt OIMO
Minor Court Mitttuta.
Several members of the city police force ,
a number ot deputies from the sheriff's
office , an officer from Spokane Falls , Wash. ,
and a prisoner , charged with being a fugi
tive from Justice , all Indulged In a game of
hUlc-and-Eock In the criminal court room yes
terday , to the great amusement ot the
parties who wcro present to listen to the
closing arguments In the Rudlgcr murder
trial.
Along about the first of the present month
Andrew Anderson of South Omaha was ar
rested on the chtirgo of being a fugitive
from justice and locked In the city jail. The
arrest v.us made on the strength of a tele
gram received from Sheriff Humphrey ot
Spol.anc Falls , who stated that he was on
the way and would take Anderson back with
him. Chief Scavey at once Interviewed
Anderson , who Insisted that he had commit
ted no crime , but would go back to the coast
and face tlio music without putting the
officers to the trouble of getting icqulsltlon
pipers. This Information was wlied to the
wcstcin sheriff , who kept on hugging the de
lusion that he was to nave a pleasant trip
and that he would experience- difficulty
In landing his man in the town where he
was badly wanted. As the sheriff Journejed
eastward he was caught In the floods and waa
delayed for many dajs. In the meantime
Anderson was a busy man , notwithstanding
the fact that he was behind the bars. He
hired a lawjer and the first tnovo was to
bring habeas corpus proceedings before the
Judge of the criminal court , who cited all of
the parties to appear In court Thursday
afternoon. At the appointed hour the pris
oner , the lawyers and a dozen officers were
In the couit room ready for the fray , bat
as the Rudlgcr murder trial had the right of
way the case went over until yesterday ,
Anderbon being remanded Into the custody
of the sheriff for safe keeping until such tlmo
as the case should be\called for trial and un
til the arrival of Sheriff Humphrey.
Yesterday the case was called for
hearing and fiom start to finish Anderson
took the position that ho would never re
turn to Washington nllvo unless the proper
papers for his removal to that state wcro
pioduced. Sheriff Humphrey could not pro
duce these papers and aa there was no
visible reason for holding Anderson he was
released and the writ granted. Happy In
feeling that ho was breathing the air of
liberty and freedom Anderson started for
the door of the court room , but as he forced
his way through the crowd and to the en
trance he came In contact with a wall of
peace olllcers , who at once attempted to
piece violent hands upon him , each and
every officer having a warrant for his arrest.
Some of the men had warrants charging
the man with having resisted an officer ,
others had warrants charging him with
vagrancy , whllo others had warrants vvhteh
charged him with being a fugitive from
Ju&ticc.
It was right at this point that the attorney
for Anderson arose to the Importance of his
position and stepping between his client and
the officers ho pushed the former back Into
the court room , after which the Judge sug
gested that It would not be the correct
thing to arrest a man In the court room , or
at least while the court was In session.
The officers were with the court on this
proposition , but they were not In the least
disconcerted and perching themselves upon
the radiators about the corridors , like a lot
of cats watching for a mouse , they waited
until tlio noon adjournment of the court ,
when they pounced down upon Mr. Ander
son like so many hawks upon a Juno bug
and boic him away to the jail , where they
will attempt to hold him until the arrival
of the requisition papers , which wore tele-
grrphed for last night and which will arrive
In about three days. In the meantime iha
sheriff will remain in the city to see that
his man does not give him the slip and get
nvvay.
In speaking of Anderson Sheriff Humphrey
stated that ha was wanted on the charge of
forgery to answer to nine Indictments le-
turned by the grand jury of Spokane county.
The sheriff tald that Anderson by some
means got hold of the warrant book of the
tchool district of Spoknno and forged war
rants aggregating $600 , most of which
warrants ha disposed of to the banks of the
rltj' , after which he fled from the country
Late last night Anderson , by his attorney ,
appeared before the Judge of the criminal
section of the district court , where he se
cured another writ of habeas corpus , made
returnable at 9 o'clock this morning , at
which tlmo the arguments will be heard.
In the application Anderson alleges that ho
Is deprived of his liberty without having
been served with due process , and that ho
has once had a trial And has been released
by reason of the writ having been granted.
WIAS.
Guts n Verdict tar Tucntj'-I'ho Thousand
AgiilnHt tlio Craig KHtuto.
The end of the suit of the Nebraska
Wesleyan university , situated at Lincoln ,
against the estate of W. II. Craig , deceased ,
was reached last night , the Jury returning
a verdict for $25,000 In favor of the plalntlif ,
it being the full amount for which suit was
brought.
Craig was a wealthy capitalist , residing In
Kansas City , and was a member of the I'at-
rlck Land company , which boomed Dundco
Place , ono of Omaha's western suburbs , n
few years ago. During his lifetime he bub-
scrlbed $25,000 to the Wesleyan university ,
but bsfore the subscription was paid ho
died , und the heirs at once Instituted pro
ceedings In tha probate court of this county
for the purpose ot having the claim of the
university declared void , raising the point
that there was no consideration for the gift
After a long trial and after the facts had
been presented , J. W. Eller , who at that
tlmo was upon the probate bench , held that
the subscription could not bo collected from
the property of the estate. An appeal was
taken to the district court , and lust week
the case was called In the law division , pre
sided over by Judge Hopewell , where a vuht
amount of testimony was Introduced The
case was given to the Jury Thursday after
noon , and after deliberating for tweny-four
hours , the twelve Jurors returned their ver
dict , finding for the plaintiff. The case will
be at once appealed to the supreme court.
Iell AlUln'B CIIHU.
In the ease ot Dell Alkln against W. P.
Cunningham , Frank K. Simmons and II. E.
Murphy , brought to recover alleged damages
aggregating $50,0(0 , caused by an arrest und
Imprisonment , Murphy recently filed a plea
In abatement , alleging that the plaintiff
could not recover damages from him , owing
to the fact that all of the acts which ho
performed with reference to the arrest of
Alkln , were done as an official of Holt
county. Yesterday the attorneys for Alkln
filed a motion , asking that the plea In abate
ment bo stricken from the files of the court ,
alleging that It Is not a proper plea und ono
not authorized by law.
Minor Court Mutters.
All of the arguments In the Rudlger mur
der trial have been concluded and the case
haa been submitted to the jury.
In Judge Hope well's eourt the case of
Becker Blerbach against the Omaha Brewing
association Is on trial , where the plaintiff
Is seeking to recover the sum of $2CS50 dam
ages. He avers that not long ago he was
the proprietor ot the Eagle house , which was
doing a good and prosperous business.
About this time ho claims that the defendant
cloDcd up the house and ruined his trade.
In the Gallaghcr-Coolcy contempt case ,
tried before Judge Ambrose and now In the
supreme court. Instead ot the case hiving
been decided the judges ordered the briefs
of Gallagher and Coo ley stricken from the
files.
files.Tho
The Judge of the prolnto court signed nn
older last night , ordering the person ot
Baby Ruth Wright Ernest delivered to the
custody of her natural parents , Mr. and
Mrs. Charles II. Wright , holding that Iho
adoption by S. G. Ernest was void. Ernest
will bring a damage bull igtlnsl the county
commissioners , thuy being Hie ones who
gave him the child.
DEATH OF A GIANT.
Th TnltcHt Mun In Ciillfornlu Cro cs tlio
Divide.
lee Sullivan , better known around Oak
land , Cal , nn the "Brooklyn Giant , " died
recently at the only homo ho hid had for
many years the engine house of the East
Oakland branch of the fire department. His
death was rather sudden and was caused by
pneumonia.
Joe Sullhan was called the tallest man In
the world , but that may have been a little
of the bombast of the circus with which Sul
livan traveled for some months. Ho mcas-
uied 7 feet 8 Inches as he stood on the lloor
and S feet as he was laid out for his collln.
Sullivan was a peculiar character , says the
San Francisco Chronlcln. H-j seemed to
feel his unusual slzo very kecnlj , and In
stead of having the forwardness of the dlmo
museum ftcak , he was irtlrlng and bishful ,
modest to a degree that kept him from earn
ing a very good salary , for he did not like
to bo looked at , would not go Into a museum
and even kept off the streets , so that he
would not be made ttic object of the stares
of men and the remarks of children Only
once did he yield to the temptation and accept
an offer from Sells Bros ' clicus. But ho boon
got tired of standing before wondering
crowds and selling his photograph , and as
soon as his contract was up he left the show
and refused to return to It or any other.
Where he came from and who he was no
one knew. He was a waif and drifted Into
East Oakland some ten jears ago. He vvas
then a largo , raw boned shambling lad , who
seemed to have grown lapldly , but gave no
evidence of becoming an unusually tall man
He was then about 11 years old and he
did odd jobs around the little business set
tlement at Thirteenth avenue. Among
others whom he worked for was James Tay
lor , the undertaUei , who Is now burying him ,
Uut who then kept a livery stable.
The late James Mollit , chief of the tire de
partment , who lived In East Oikland , met
the boy and took an Interest In him. He
gave him a position with the Brooklyn en
gine of the department and from that time
to this Joe Sullivan has been part of that
branch of the department , and when he was
taken sick he went back to the old engine
house , where he had v.orked so long , to die
But of all those for whom he worked at
various times no ono knows any thin , ; about
ills past. He was curiously uncommunica
tive about himself.
As time went on Joe Sullivan bagan to
grow. He vvas soon the tallest man on the
engine crew , though he was not yet IS. But
ho did not stop growing when boys usually
do. Ho kept right on and soon he towered
above everybody on the street , until ho was
as much of a curiosity at a fire as was the
fire Itself.
At last Joe vvas persuaded to go out with
the circus. He was gone about a year and
then he drilled back lo Oakland about a
year ago. Since that tlmo ho had hidden
himself as much as possible , sleeping at the
East Oakland engine house. He will bo
Durlcd by some of hir friends in East Oak
land.
land.His
His measurement , taken as he lies at Tay-
loi's undertakng parlors , are as follows
Height , 7 feet 8 Inches ; length of foot , 11
Inches ; length of arm , 3 feet 8 inches ; dis
tance from the end of one arm to the ci.d
of the other , 8 feet 7 Inches ; chest measure ,
1 feet ; waist , 3 feet 8 inches ; length of face
from chin to top of head , 15 Inches ; weight ,
350 pounds. Ho had a very small hand for
so large a man , and the glove measure was
only 9 Inches. Ho will rcqulie a special cof
fin , 8 feet 4 Inches long , 19 Indies deep and
2 feet wide at the bottom.
AUSTRALIA'S COLLAPSE.
Tlio Conditions I'recrcllnj ; tlio Terrible
I'nnlu of l.ift : Vc ir.
An Interesting report , Just Issued by the
Department of Stale , from Iho United States
consul general at Melbourne , pves for the
first tlmo a clear Insight Into the conditions
precedent to the terrible panic In Australia
last year , fays the Washington Post. The
report is concise In Its language and
Instructive In the picture which It pre
sents. After stating that the financial his
tory of 1S93 was the gloomiest In the history
of Australia , Consul General Marotta says-
"from 1SS6 to 1890 the colonies were not
only bonowing largo sums on the public
account , but using every practlcablo means
to atlract money privately from outside
sources of supply Banks , financial com
panies , and almost every class of Institutions
having monetary dealings offered tempting
rater of interest to Biltlsh Invest
ors , and so well were these respondeJJMo
'
that the su'ns obtained at one pc'rfol
could not be profitably employed with safety
The fart that money thus obtained had to be
utilized necessitated risks balng accepted and
advances made on securities which , under
normal conditions , would not have been en
tertained. Heal estate was boomed to ficti
tious pi Ices , and speculation In a hundred
more objectionable directions assisted to In
crease the trouble laid up for the future
"No ono appeared to recollect that the
actual requirements for prudent trading and
ordinary business matters could not expand
unless the business production Increased In
either volume or value to support the ex
pansion As a fact , exactly the opposite vvas
going on , for while the nonproduclng elc
mcnt was being boomed upward the actual
production was on the decrease , especially
In the direction ot values. That a collapse
must follow was so certain that It now
seems strange that It was not foreseen at
the time , "
BLINDaiBLWHO SETS TYPE.
Clover MlBK llnttlu Aii''oll of Smilrdulo No
Ilullccd by llrr Misfortune ! .
A rcmaiknblo Instance of what can bo
done by a blind person Is shown at Swalo-
dale , near Macon City , la. The Dubuque
Telegraph relates that some twelve weeks
ago S. B. Angcll purchased the Swalcdalo
Bee , and not having enough assistance his
blind slbUr , Ml s Hattlo Angcll , prevailed
upon him to allow her to go Into the office
and assist in the work For the first few
days she found occupation In folding papers ,
etc' . , and she soon became so proficient In
that that she asked to be allowed to set
tjpe , and was given a case to sco what she
could do. In less than an hour she had
the boxes learned and her first stickful ot
type was set In fifty minutes. What Is
still more remarkable , she can now set as
much typo as the average , compositor and
do It with greater accuracy. She experi
ences but little trouble with her copy , She
Is expert In writing the language of the
blind , and matter Is dictated to her Writ
ing It down In her language , she goes to
the case and gliding her lingers over the
raised sqrfac ? she retains In her mind en
tire sentences , and accordingly can set with
great rapidity. In order to get the typo
right sldo up her middle finger Is used In
feeling the nicks , and this Is dune while the
tjpe Is being lifted Into position In the
stick. She has not yet attempted to dis
tribute typo , but she expects to soon be
come master of this art as well. Miss An *
gell Is a very Intelligent young woman and
Is a fine player on the piano. She has
also achieved quite a little fame as a singer
America's greatest beverage Is Cook's Ex
tra Dry Imperial Champagne. It Is the
pure juice ot tbo grapes naturally fermented.
WAS DOING A BIG BUSINESS
Scheme to Got Something for Nothing that
Wns Working Very Nlcoly ,
MR. GITTNER ARRESTED BY UNCLE SAM
Aceiurd of Unliifr the MulU for I'n
I'm pocpa- . Trouble Over IVdcrul Tumls
Ciirrlo Hurt ( lot-H I'lic Cutting
Timber on GoiurituiL'tit l.uiul.
J. W. Blttner , an enterprising young man
living at Munition , has boon giving the post-
muster nt that place n great deal of work ot
late , so much that Mr. Cleveland'n
servant became suspicious and called the nt-
tentlon of the postal nuthorltlei to the mat
ter.
ter.Tho
The postal Inspector found that Blttner
was iccelvlng n laige number of letters In
response to an advertisement In Omaha , St.
Louis and St. Joseph p ip rs. These adver
tisements were to the effect that n certain
firm would piy a good sahry per week and
allow the person they employed $3 $ per day
expenses. The ndvertl or stipulated that an
answer In order to secure recognition would
hive to bo accompanied by n pcstal note
woith 25 cents.
A good many people replied , and that was
all the good It did them , as no further no-
tlco was taken of their applications The
authorities began an Investigation and
traced the mail to young -Mr Blttner , who
was placed undei aricst on the charge of
using the malls for fraudulent purposes.
Ho was arraigned before Commissioner Dundy
jesterday , but waived examination and
was bound over to nwalt the action of the
grand Juiy In the sum rf $500. Blttner Is
little more than a mere boy In years , but ap
pears to bo unusually shrewd , and he claims
that hd will bo able to prove that his busi
ness was legitimate.
Cutting ( > o\rinmrnt Tlnibor.
William Bold , a Shcrldtn county ranch
man , was brought Into the federal court yes
terday to answer to nn Indictment for
cutting timber growing on the government
domain. Ho pleaded guilty and was fined
$23 and costs , which amount ho Is now try
ing to raise. Bold's brother , Low Is , Is also
under Indictment for tha tame offence and
a United States deputy marshal went up to
Rushvllle jesterday for the purpose ot
arresting John Thomas for a similar offence.
In pleading guilty Hold explained that It
had been the ciibtom of ranchmen to cut
timber from the government land and that
the crops had been a failure In 1SD3 , so tint
some of the ranchmen would have starved
to death unless they had cut wood from gov
ernment lands and sold It to the government
agency. Ho said that the timber he cut
down was for the purpose of making It Into
lumber with which to build sheds and shelter
for his stock. He estimated that he had
secured about 5,000 feet of lumber In this
manner. Ho also remarked that If the gov
ernment was going to prosccuto every man
guilty of a lll.e offence there would not bo
100 able-bodied clti/cns left In the county.
Ho even Implicated some ot the county ofil-
clals.
Bold declares that his Indictment was the
remit cf a grudqu held against him by soma
parties living In his section of the county ,
and promises to give the government all the
information that It wants regarding the Il
legal cutting of tinibar in Sheridan county.
JIny J ! ilriiso tlio I'rltonors.
The lack of funds for the prosecution ot
criminal cases before the federal couit may
result In several prlsoneia escaping trial and
possibly punishment. Yesterday an at
torney for a man under arrest for violating
the government laws , asked that his client
bo tried , as the case had been placed on the
locket , and that they woio now ready for
irlal.
The United States attorney said that ho
could not try the cases , as there were no
funds for witness fees , and ho could not com
pel the attendance of Important witnesses
unless he could pay them fees. This led
Judge Dundy to remaik that unless the at
torney could secure funds enough to pro
ceed with the cases set for trial where the
accused men were confined In Jail for lack
of ball , he would order the cases dismissed
and the prisoners released. There are sev
eral men now In the county Jail pending
trial in this court , and they may jet bo
given their freedom without having to go
through the regular process of law. Most
of these prisoners are charged with viola
tions of the revenue laws.
Won n Glil'H i'lrcilom.
Canle Hart , the IG-year-old girl charged !
with passing and having In her possession
counterfeit monej' , v\as found not guilty by
a federal Jury Thursday. This young
girl is said to bo a nlecu uf Vic McCarthy
of Saipy county. She vno arrested by
government officers on the cliarf.o of passing ;
counterfeit silver coin. An attorney named
Tlpton had charge of her rase , but when
she was called Into court Carrie had inada
up her mind to plead guilty
Owing to her jouthfulness Judge Dundy
would not let hot do this an.l appointed
John M. Thurston and Charles Offut to de
fend her. When the tlmo for arguing the
cnso came John M. Tnurston made a most
eloquent plea for his client's freedom. Ilia
runaiks brought tears to the eyes of the
jurymen and even the Judge had to chew n >
toothpick vigorously to prevent showing his ,
feelings. The ono tha least affected by his
eloquence was the defendant. At the con
clusion of the attornoy'3 address the Jury
rendered a verdict within a few minutes.
Wliol < ilo Ilcdiinmtlim of Arid Land.
I'HOENIX , Arl * . , June 8 The contract
for the reclamation cf arid lands In Arizona
Just closed with R L. Langdon & Co. ot
Minneapolis Is the largeit of Us kind ever
made. For $2,000,000 the firm agrees to
construct 100 ten-mile canals and three stor
age reservoirs on Rio Verde , Augua Frlca
and N'w river , with n capacity of 000,000
feet ot water and a canal to carry 5,000
cubic feet of water per second The canal
will reclaim 100,000 acres of choice orange ,
land. The work Is to bo begun In thirty
dajs , and will bo completed during 1895.
This U by far the biggest contract ever let
In the United States for reclamation ot
desert land.
Druw I.OIH for the Winner.
BUFFALO , June 8. A special to the Cour
ier fiom Onconta says that In the bicycle
races jesterday the cracks wcro afraid of the.
new quartcr-mllo track and figured that
pedaling at an extreme speed would bo dan
gerous , BO they all drew lots from a hat and.
thug decided upon the order of finish In each
raco. This was strictly followed with ono
exception , Coloman's carelessness losing him. 1
the third prize.
DeWltt's Witch Hczcl Saivo cures ulcers.
DeWIU's Witch Hazel Salvo cures piles.
( Jino Homo UiiinnRlni ; Tentliiiony.
MASON , Mich. , June 8. A sensation waa
caused In the trial of Attorney General
Ellis on the charge of forging alterations
to returns on the vote Increasing his salary.
W II. Swoods , formerly clerk ot the board
of state auditors , testified that he made
certain alterations charged on the express
advlco of Ellis.
W l > itcr City McTolmnt Iliirned ,
WEBSTER CITY , la. , Juno 8. ( Special
Telegram to The Bee. ) G. W. Foval , n.
prominent local merchant and ox-city oflU
clal , was burned to a crisp this morning aa
a result ot a habit ho had acquired ot setting
lire to the city Jail when confined there for
i drunkenness , Twlco beforehe started flreu.
In the Jail.
CeWitt's Witch Hazel Salve cures pile *