Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 07, 1895, Image 1

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    THE OMAHA DAILY BEE
ESTABLISHED JUNE 10 , 1871. OMAHA , TUESDAY lv r , MAY 7 , 1895. SINGLE COPY PJTE CENTS.
JAPAN FOREGOES HER CLAIM1
Fretsnro of the Great European Powers Too
Strong to Resist ,
ANSWER TO RUSSIA , FRANCE AND GERMANY
Trent ; Itntlncntloni Muy llo nxchnngeil
Olio liny Fnrller ICtiropcnn "nil Amer
ican \ \ r bhlpft at I lie-Too
1'rcparcil fur KmcrfjiMiclcs.
PARIS , May C. The Japanese minister
here has Informed the minister ot forclrn
affairs , M. Hnnoux , that , accepting the
friendly advice of France , Russia and Ger
many , Japan lias renounced Its clilm to the
permanent possession of the Llao Tung penin
sula , Including Port Arthur.
The Figaro , commenting on the situation of
affairs In the far cast , sa > s this morning
"Although the situation Is grave , the bom
bardment of the Japanese const by the Rus
sian nnd German fleets Is not expected. The
negotiations do not proceed easily. "
ST. PETERSBURG , May C The Journal
des Petersburg says that Japan , In con
formity with the advice of Rusiii , France
and Germany , renounces her claims to the
possession of Feng-Tien.
BERLIN , May 0. The Japanese govern
ment has Informed the government of Ger
many that In accordance with the ndvlce ol
the powers , Japan has relinquished he-claim
to the Llao Tung peninsula under the treaty
ot Shlmonosckl.
TIEN-TSIN , May C.-The Chinese peace
envoys have left for Chc-Foo , where the
ratifications of the treaty of pcacs ai ranged
between China and Japan nre to be ex
changed. It Is reported that LI Hung Chang
has been degraded. .
CHE-FOO , May C The war > hlps of t'v-
cial of the powers are fait assembling
1 ere. The situation Is rcgird 1 ns omlnoi's
Aluady eight Russian war ships , Imludhif :
three torpedo bo its , have gathered 'icre. an ]
more are expected. In addl'lon , nnothei
British , French und American and two Ger
man war ships have arrived here.
YOKOHAMA , May G.-V'enroy ' LI HurE
Chang has been appointed Chinee envoy It
exchange ratifications of tin paca treatj
which Is expected to o cur nt Che-Poo to.
morrow Instead of on Wcdne/liy , as at flrsi
propoji'd. Frequcn' cabinet meetings , vvhlcl
are attended by all iV Japanese ministers
ore being h i.l at K > ot < \
No official notification Ins been reoeWti
hero of the ratification by the emperor o :
China of the treaty of peace arranged be
tween China and Japan. But reports fron
many sources confirm the statements thai
the treaty has been ratified. Count Myogl
eecretary general of the Japanese council c
ministers , has arrived at Port Arthur , am
will proceed to Che-Foo , where the ratlllcn
tlons ot the treaty of peace are to bo ox
changed.
The Japanese privy council and the heai
officials of the government have been hur
riedly summoned to Kioto , In order to atteiu
a meutlng tomorrow at headquarters.
TOULON. May 0 The French cruiser ;
Sfax and Cecllle will accompany the Frencl
cruisers Tage nnd Suchet to Chlm seas today
They were loaded yesterday with ammunltloi
and provision ; .
FOSTER HAS LEFT PEKING.
WASHINGTON , May C Important ofll
clal cablegrams concerning the .Japan-Chin ;
situation have reached Washington within tli
last twenty-four hours. The Tsung L
Ynmen , or Chines foreign ofllce , cables tha
John W Foster has left Peking for home
going by way of Shanghai. This would tak' '
him to Che-Foo , which Is between the point
mentioned , on Wednesday , when the negotla
tloiiH culminate. LI Hung Chang remain
at Peking , so that Mr. Foster , who has beei
In conference with the emperor and th
Tsung LI Yamcn , will act with Viceroy LI'
son In representing China.
An official cable to a different quarte
gives decisive Information that the cmpero
of China has ratified the treaty. The In
formation Is so positive ns to bo bcvond ques
tlon. It clears up many contradictory state
ments from tmolllclal sources as to vvhcthe
the emperor had or had not ratified. Th
ratification of the Chinese emperor bring
China nnd Japan to a final accord , so that I
remains only for Jnpin to settle with Russl
nnd other protesting power ? . It also make
certain that the armistice which runs unt
Wednesday the sime day as the ritlficitlon-
vlll not be followed by a Japane o advanc
on Peking.
It Is said by officials that the exchange (
ratification * at Chc-Foo on Wcdnetday wi
be largely a formality , now that China ha
ratified. Japanese ratification was given som
time ago. The manner In which the tw
powers are treating It as n formality Is Ind
catcd by the fact that Count Ito , Japane :
chief envoy , Is not going to Che-Foo , an
LI Hung Chang , China's chief negotlato
also sends a representative.
Officials F.IJalso that the gathering of foi
clgn war ships at Che-Foo Is less bclllgcrci
than would appear on the surface. U ha
been arranged that the diplomats of Eun
pean countries should hold a conference i
Che-Foo , nnd the vessels are said to bo
part of this gathering , although the strcngt
of the Kusflan fleet shows she means to I
prepared for emergencies.
CHINA HAS HERSELF TO BLAME.
WASHINGTON , May C. "The Chine :
government has but Itself to blame for 1
loss of the war with Japan. Govcrnmei
officials high up In China were In the ci
ploy of Japan both before nnd during tl
war. The enemy In mobt cases antlclpati
all our movements. "
Such was th ? startling announcement mai
by Captain Norton McGlllln , who has Ju
returned to his homo here from a ton-yea
service In the Chinese nn\y. Ho was cor
mandor of the Chen Yuen , tin famous Ire
clad , during the late unpleasantness betwet
China nnd Japan. Ho his returned
America , most likely to remain , ns he ev
dently does m > t think well ot Chine ;
military and naval affairs.
"I was In the hospital mid not In cor
mand of the Chen Yuen at Wel-Hal-Wel
was reported. Had I b.en In that fight
would not have been hero , as I would ncv
have ben taken alive. No , I should n
nave given them the satisfaction of catchli
me. The Japanese had an Ironclad agrc
ment In which 'no quarter to foreign doc
was very conspicuous , and they meant
When we went Into the big battle of Yalu
made all preparations to Keep out of t
hands ot the Japanese In case wo should g
the worst of It. Yee , to be plain , I wou
have killed myself before being taken f
torture by the Japanese.
"Now that the war U over I want to s
right her ; that there Is a blot on the pi
vlous fair fame of Japan which will never
effaced. Without one word of warning , I
fore war had been declared , their flt
pounced down on the defenseless Kow Shi
and sent lur with 10,000 souls to the b <
tern. U was ona of the most cold blood
crimes In the history of the world , "
OLAOsTONK 111. AM US TIIU SUI.TAV.
Turkish noverniuont llrhnvlncVorio
AriuenU 1 li.m It Did In Hiilcarlu.
LONDON , May 6. nt. Hon. William
Gladstone. In a letter to Mr. Francis Seymo
Stevenson , chairman of the Anglo-Armenl ;
association , rays that the conduct of t
sultan and the Turkish government In t
Armenian question has been wor.'e than tin
conduct regarding Bulgaria In 1870 ,
I ' Johu llurni Tola to Go Home.
LONDON , May 6. John Burns , the mei
ber of Parliament and labor leader. In t
course of hla speech at the Labor day demo
ctratlon In Hdo park vvai greeted wl
groans and cries ot "Why did not you su
port Kelr lUrdle ? " "Traltcrt" etc.
Replying to thla outburit of dlsapprov
Mr , Burns ld : "U you don't want to he
me I will go home. "
Thli was followed by cries ot "Go ho mi
ure n °
7O/IT/.VO HAH HKUVH IX MCAllAtlVA
Irltlih Have I.cft , lint Outbrcuk * Agnlnut
/clin Itnvo Occurritl ,
TEGUCIGALPA , Honduras , May 0. ( Special
o the New York World. ) Fighting has be
gun In Granada , Nicaragua. Disorder Is re
ported from Leon also. Word ccmes from
here that the followers of Ortiz , Cercula nnd
Mnchcrro have united to make war on Zolaya.
The Hondurean troops concentrated at Cape
iracias will remain there , ns It Is feared
hat the threatened outbreak on the Mosquito
reservation may extend here. The troops at
Amalpa will be distributed along the coast.
General Bonllla will take 6,000 and go to
'resident Zclaya's aid If requested.
The evacuation of Corlnto nnd the sailing
of the British ships Is announced.
WASHINGTON , May 0 Acting Secretary
Jhl has received a cablegram from United
States Minister Baker at Cuesta Mara , Costa
Illca , dated yesterday , announcing that the
Drltlsh forces at Corlnto were to evacuate
ho town yesterday. No reference Is made
he dispatch to the prospects ot a revolu
tion breaking out In Nicaragua as a consequence
quence ot the concessions made to th ? Brit
ish by the government.
Dr. Guzman , Nlcaraguan minister , had not
jecn advised up to 2 o'clock of the reported
revolution In Nlcarngun. He has expected
the sailing of the British fleet would have
a quieting effect on publ'c ' sentiment. This
expectation was strengthened when word
cnmo that Vice Admiral Stephenson fired a
salute to the Nlcaraguan flag when It was
ngnln hoisted over Corinto yesterday. This
courtesy was regarded as doing much to heal
the wounds made by the Incident. Dr
Oilman's last ofllc'al cable said simply :
"Ships sailed. "
In other quarters the fact that the revolu
tion Is along the east shore Is regarded as
significant This Is in the Mosquito region , In
which British influence has long been dom
inant , and which has recently been created a
state , under the name of Zelaya. It has
boon apprehended by Central American diplo
mats that If the Mosquito natives made
trouble It would afford opportunities for
further British intervention One of the best
posted diplomats from that section says he
considers It Incvltiblc that the Mosquito na
tives will rebel and attempt tec restore Chief
Clarence to the throne. This would be o
denial of Nicaragua's sovereignty over the
new state of 7el.iya , nnd In the Judgment ol
this diplomat Great Britain would support
Clarance. _ _ _ _ _ _ _ _
IIAHUN If AM 1 i lll.li.NIS HIMSKLt
Itoinl iho Cnrrmpoiulpnco llrtivcen Illmsrll
IIIK ! ( mint KiilnnM.
BUDA PESTHI. Mny C The lower house ol
the Hungarian Diet was crowded today In an
ticipation of an explanation from the premier ,
Baron Banffy , regarding the trouble In the
Imperial foreign ofllco growing out of Baron
Ilanffy's statement that the Imperial govern
ment held that the Vatican's Influence Ir
state matters should be exerted only througli
the prime minister , and the retort upon the
part of the foreign ofllce that this statemenl
was due to the prime minister's Ignorance
of diplomat c usages. The affair grow out ol
the utterances of the papal nuncio , M. Agll-
anil , against the ecclesiastical laws.
Baron Banffy read the notes exchanged be
tween himself and Count Kalnoky , the Im
perial minister for foreign affairs , showing
apparently that they agred completely upoi
the matter In question. The baron wrote
asking Kalnok > 's opinion rcgnrd'ng ' Mgr
Agllardl's visit to dlflerfnt Hungarian towns
and the Imperial foreign minister replied hi
considered the papal nunc o's journey inop
portune , adding that if Hungary was deslr
ous of so doing , he , the minister of fore'gr '
affairs , was ready to lodge a complain
against him In the Vatican.
The reading of these notes caused a great
Interest In the house. The baron then con
tended the government would not allow th <
holy pee to Interfere In the Internal affair !
of Hungary. Finally the house unanimous ! ]
adopted a motion noting the premier's state
ment. The incident It now regarded a :
closed. _ _ _ _ _ _ _ _ _ _
Cumuli llnil .Not AitUcil fur u < onfcrrnco
LONDON , Mny C The parliamentary s-ec
retaiy to the colonial olllce , Mr. Sydnc ;
Burton , In the HOUQC of Commons thl
uftci noon , repljlng to n question on thf suli
tct , said thut no request had been lecelvec
rom Cunnd.i to cu'l a conference of th' '
llffiieiit HiltMi colonies In order to discin
IIP details of lading the proposed Paclll
cable.
Kmpprnr Itr-fntril KulnokItrslzn itlon
VIENNA , May C Emperor Francis Josep ]
ms sent n gracious autograph letter t
Jon nt KulnoUv declining to ace pt UIP lit
: cr's resignation as imperial ii.nrstcr fo
foreign uffalta.
u.utr ui.i.h * J.K.IA/J j.v .1 .N.KH nun
Ucmnnttr iica In Court , thut bho U i
llypimlUt.
KANSAS CITY , May 6. A special to th
Journal from Topekn , Kan , says : Mrs
Mary E. Lense , orator and politician , has u :
sumed a new role She. Is a hjpnotlst ,
Irst-class ono at that , as shown by an cxhl
jltlon given by hoi here today during th
progress of the Investlgat.on now proceedln
against certain officers of the state Insnn
atl > um. During the proceedings she , witli
out nnnounclng her purpose , walked ncros
the committee room to where J. L Flint , a
attendant at the asylum , was sitting , and re
marked , with a pass of her hand before hi
eyes : "Mr. Flint , you look weary ; our test
mony must have have been trying on you
Mr. Flint attempted to disclaim any wean
ness , but Mrs Lease made another pass c
her hands and Flint went "dead asleep. "
"Mr. Flint , " said Mrs. Lease , "did yo
read the report of your testimony in th
Capital ? "
"No " Slid Flint , "I did not. "
"Well , you dul not testify to any sue
th ngs as the Capital cnld > on did , d.il you"1
( handing him a sheet of writing paper cor
talnlng only n list of names ) .
"No , that's all wrong ; I didn't testify I
nnyth'ng ' of that kind. The Capital has g (
It all ml\ed up. "
"Sec , " said Mrs. Lease , "how stiff yoi
arm Is getting " Flint's arm drew up an
bccimo as tlgld as a tent pole. "And yoi
limbs , too , " said the Wichita woman , an
straightway ono of his legs was stlffer tha
It really ought to be.
For ten or fifteen minutes Mrs Lea :
played with her subject She made him i
all sorts of things , ridiculous and otherwls
and finally brought him out of his tram
with a few passes of her hands.
As Mrs. Lease proceeded with her art tl
committee nnd witnesses looked on duml
founded and only regained tholr composui
when she laughingly declared the perforn
a nee over with for the day.
nUltllAXT 13 TO UK TlllEIt IX JVL
Mute Inclined tn ( live Him Plenty of Tin
SAX FRANCISCO , May C.-Theodo
Durrnnt will sp nd seveiul quiet v\eeks
the county Jail before lip Is placed on trl
for his life for the murder of Bluncl
Lnmout nnd Minnie Williams. The poll
will not hurry him to trlil , desiring to iri <
him abundant time to prepare for his d
fen > .c. The cnsa will , therefore , not 1
called until July Chief of Detectives Le
Ralil today that the case of the prosecutli
Is complcto and ready for trial at ur
time The police nre < Usatl n ° d with tl
evidence of Organist King , vtho , In an e
fort to shield Durrnnt. stated nt the pr
llmitinry cxuinlrntlon that he detected tl
odor of escaping pas in the church (
May 3 , although this statement is conlr
dieted bthe janitor nnd two plumbei
Threatening letters have b en received I
the i-chool girls who Identified Durrani ;
Blanche lament's escort from school <
the clay of htr disappearance. The cli
have been warned thut If they testl
against Durrnnt they will receive ph > slc
violence.
ilno IturrU Will I'o llaiigjil.
ST. JOSEPH , May 6. Governor Stone h
refused to commute the sentence ot J
Burrli , sentenced to death for assault , ai
ho will be hanged Saturday. Burrls has bei
twice reprieved. He was placed In tbe mu
derer's cell this morning and searched f
means by which he could take hla own life.
. Appointed to I lie Nnv.U Acatlomr.
r WASHINGTON , May 6. Tin secretary
the navy has appointed Herbert Howard
Port Huron , Mich. , a cadet at the nay
academy.
REHEARING THE INCOME TAX
Full Bench in the Suprem3 Oouri Takes the
Matter Up.
FIVE HOURS TO A SIDE FOR ARGUMENT
W. I > . Outlirlc , In Opening ( or the Appcl-
liuilK , Mntei Olio Itrunun for the
Kchcnrlng'Vn the Jinny
PuluU I.ofi Umlecltlctl.
WASHINGTON' , May C The supreme
court , with Its -full membership of nine Jus
tices on the bench { or the first tltno In
many months , began the hearing today oi
the Income tax suits. Justice Jackson ol
Tennessee , who has been absent from Wash
ington the greater part of the past year
seeking restoration to health , took his seal
\\Ith extraordinary Interest attached to hi !
presence , slnco he assumes practically th :
position of umpire upon the vital question
of the principle on which the law Is bisad ,
which divides the other Justices Into equal
factions , Justice Jackson did not appeal
to b- feeble , but It was plainly evident that
he was far from being a well man and thai
only by a strong effort could he sit through
out the hearing. Most conspicuous amonj
the spectators In court were Postmaster Gen
eral Wilson , the chairman of the wajs ant
means committee that framed the tariff act
Representative McMIHIn ot Tennessee , chair
man of the subcommittee which drafted th <
Income tax provisions , and ex-Speaker Crl ? {
of the house. The attendance of lawyers
and others having an unofllclal Interest Ir
the mittir was noticeably smaller than a' '
the first argument of the la\\ , and after th <
usual contingent of casual tourists had satis
fled their curiosity to obtain a sight ot thi
prominent men the court room was no
crowded. But two arguments are to be mad <
for each side by Attorney General Olnej
and Assl'tant Attorney General Whitney foi
the government and by W. D Guthrle am
Joseph H. Choate for the appellants , wlu
are Messrs. H > de and Pollock. Today Mr
Guthrie delivered his speech and Mr. Whit
ney began his , which ho will finish tomor
row. As the time assign d Is fhc hours ti
each side , the arguments will bo closet
Wednesday afternoon.
Before Mr Guthrle began , the chief jus
tic3 , after calling the case , stated that li
response to the suggestion of the attorney
general , which the court Interpreted as vlr
tually a motion for a rehearing , the cour
had decided to permit counsel to go Into al
the questions Involved. Ho said the rehear
ng had be = n dependent upon the presenci
f Justice JackEon , which had now been hap
) lly realized. The court had found It neces
ary to limit the argument to two counsel ;
n each side , but It was for counsel to sa ;
ihat time they would require. Thereupoi
.Ir . Choate and Attorney General Olney , afte
onsiiltatlon , announced that live hours oi
ach side would bo sufllrient , and this tlmi
as granted. Judge Wilson was also per
nltted , on behalf ot John ( jooai , to flic i
lef In the present case.
MANY POINTS UNDECIDED.
Mr. Guthrie began by saying that counse
or the appellants In the cases had been ub
ectcd to considerable criticism for their mo
Ion for a rehearing , but they had felt justl
lei In the realization of the fact that ther
\cro many points still undecided in the Una
nd definite adjudication of what the cntin
ountry was vitally interested In , and he as
ureil all concerned that the counsel for tli
appellants In the present case would arpnn
t In a spirit of the highest patriotism am
vlth no desire for mere self-aggrandlzcmcnl
lo said the question involved was a con
"tltutlonal one , and ad Jed1 "Tho constltu
Ion Is the political crcfd of the nation whlcl
nust control and rule our destinies , and In
cfar as this c1 t'rt shall preserve It Intacl
iccordlng to Its letter and Its spirit , or per
mil the darkness of error to affront Its lighi
ro will our future show progress or decline
inpplnesa or misery , glory or shame. I
ho court cheese between the statute and th
constitution , between a decision and the splrl
of the constitution , between an obiter dlctut
and the plain words of the constitution , Is 1
lot then an essence of Judicial duty to decld
'ormally , disregarding statute , decision c
dictum9 There can be no la' '
nconaUtent with the fundamental lav
and a ccntur > of error cannot ovei
rule the constitution. The question Is not t
bo determined by considerations of present c >
pedlency or practicability or hardship , bi
iccordlng to the lights , the purposes , the Ir
.entloii of the framers , and as they Intendc
: lie constitution to operate to must we er
force It today. "
"The people are not to be deprived ot Ir
herlteJ rights , such as are cmbedde In on
constltu Ion , by mere precedent or the techn
cal application ot the rule of stare dcclsls ,
lie asserted.
HILTON CASE CAUSED THE TROUBLI
The point of contention , said Mr. Guthrli
was that the authorities establish the princ
pie that taxation on the Income of one clas
of property Is as objectionable as upon ar
other. He charged the Hilton case with beln
the solo cause of all the error In this mai
ter. It was , he said , a political case , I
which the administration of Washington vw
pitted against the anti-federalists , and a eas
In which the local prejudice cut an Importar
figure. Ho controverted the opinion that tl
decision In the Hilton case had decided th :
only the capitation tax and the land tax wei
direct taxes , and risked If this was to , wh
was II congress In 170G , less than thirty daj
after the dtcislon was rendered , had It
structed the secretary of the treasury I
resolution to report a plan for laying direi
taxes by apportionment ?
Mr. Guthrle then presented at some lengt
the contention that , a. It was clearly the ii
tentlon of congress to have the law act as
whole upon the Incomes , the provisions whte
arc unquestionably void Invalidate the who
act. The law , ho said , expressly includi
rents and other Income from land and pc
sonal property , and Its general languag co <
frs also Income from municipal bonds Tl
govctnmcnt has Insl-ted that It was not on !
the Intention , but within the power ot coi
gress to tax the Income from municipal bend
The object of the act Is single and entlr
that Is to say , the taxation of Incomes fn. :
all t > ources. In order to preserve the prov
slons now remaining the court must strll
out words actually used , tuch as rents , 1
come and product of land He declared tl
act should be sent back to congress , becau
It Is arbitrary and unjust , and in violation
the express provisions of the constitution.
EXEMPTIONS AND LIMITATIONS.
He then took up the question of exem
tlons and limitations , repeating much of tl
argument advanced nt the first bearing , ai
asked the court to declare the whole act u
constitutional , because of the exemption
Kepi } Ing to the suggestion of Attorney Ge
eral Olney that In the light of the recent d
cislon the government should refund tl
money collected under former Income t ;
laws , Mr Guthrle said : "The people of tl
United States gladly paid the Income tax
defray the expenses of the war , and wou
make similar sacrifices today If It we
necessary. Congress has not returned tl
cotton tax , although It was clearly section :
partial and unfair. Has It ever been a
vanced as a principle of justice and morall
that If you decide a certain interpretation
the customs laws has been erroneous eve
man who had paid without protest Is enl
tied to have his duties refunded ? "
Mr Guthrle concluded at 3 o'clock , and w
followed by Aislstant Attorney General Whi
ney , on behalf ot the government. Mr. Wh !
ney complained ot the brief time given f
preparing for the rehearing. He said the go
eminent would not again present any arg
ment on the question of municipal bom !
He did not suppose any tax law had ev
been enacted which made express mention
all possible exemptions. It such a reqult
ment were to be applied there would be ve
few valid laws. As to the question of t
exemptions ot rentals of real estate , th
was different. The government had hop
this question could bo so presented as
obtain a reversal ot the former opinion. 1
cpnlended that the bills Id these cases aeX
or no special relief In cases ot rentals. Ho
nnounced that the historical and definitive
rgument would be handed to the court In
he shape of a brief ,
SOME ANCIENT PRECEDENTS.
Mr , Whitney said the r.ppelf nt relied
principally on the system ot'iecanomlcs of
ohn Stuart Mill , which had not come Intc
xlstcnce at the time the constitution was
dopted , and ho contended the distinction
letween direct and Indirect taxes was RC
bstruse tha * It was noti possible to Incor-
lorate it In a written'constitution. Mr ,
Whitney , In criticising the opposition foi
going so far back Into history for prece-
lents. said he had not Intended to go bacli
urther than 16S9 , but as the appellant !
tad gone to 1160 ho would himself glv <
; ome precedents of that date
"Can't you , " asked the- chief Juntlce In ;
one which appeared to contain a spirit o !
janter , "go back further than that ? "
"I might , " replied Mr. Whitney , "but !
should not tax the patience of the court ti
; hat extent but for the precedent of in ]
earned friends on the other side. "
lie said he would agree to stop short o
1180 It Mr. Choate woulij , whereupon Mr
yhoatc assured Mr Whitney and the cour
hat he would stop several centuries short o
that date.
Mr. Whitney referred at some length tc
the distinctions between the words tax am
luty In English legislation. He said thl
distinction had been very sharp and the wo-i
tax had been applied only where the wore
duty could not be made to cover the case
" " frameri of the constl
If , said he , "tho
tutlon were acquainted with Dlackstone the ;
were familiar with the English classlflca
tlon. "
A peculiarity of the English systeiii sine *
1CS9 was that everything called a tax wa
; ilil by the rule of apportionment , vvherea
cverj thing called a duty was laid by th
rule of uniformity. The thorough understand
ng cf these principles by the democrats o
the convention explained the apparent hcl
of Interest In the discussion of the dlstlnc
Lion In these matters. The Important qups
tlon with them appeared to bs that of th-
[ iroper distribution cf the taxes to b ? mid
according to apportionment. Ho contends ,
that the direct taxes were traceable to th
English land taxes , and It was Impossible t
levy such a tax except by apportionment
The system of apportionment among coun
tries was the same In this country as In th
early days of England.
At this point Mr. Whitney was Interrupts
by the adjournment of the court for the diy
MAUTIAL LAW CONSTITUTIONALITY
Most Interesting of the. several cases dc
elded by the supreme court today was tlu
of David II. Sajre , formerly a clerk to th
pa > master at the Norfolk Navy yard , agalns
Captain L. M Johnson of the navy In No
vember , 1891 , Sajre was sentenced b ;
court-martial to two years Imprisonment I
a naval prison for misappropriating abou
$2,000 of governnunt money. Sayre ap
pealed to the United States superior court c
the eastern district of Virginia on th
ground that his sentence was contrary t
the constitutional provision that citlzsn
slnll not be deprived of llb'rty except b
due process of law and Upon a presentmen
or Indictment by a grand jury.
Judge Hughes of the circuit court grante
the writ of habeas corpus en the groun
mentioned , but the supreme court tojay re
versed his ruling. Judga Hughes had hel
that Sajre's conviction could not be sm
tallied by that clause of the constitution ex
ceptlng "cases arising In the land or nav ;
forces , or In the militia v > hn In actu :
service In time of war or public danger ,
because the country was not then In wa
or danger. Justice Gray , who delivered th
opinion of the court , said that the opposll
construction had alwdys Jjren presumec
These citizens In the qnay and navy wei
In the actual service of tile United St4fs { o
all times whether In war or peace , and tli
n Hilary alld naval authorities had jurUdh
tlon and custody of their persons.
The principle Involved In ihc case Is cor
sldered of vital Interest to officers of tli
army and nivy. Before Judge Hughes rei
dercd his opinion the powtr of court-marllal
to Imprison had been seldom questioned an
had the supreme court sustained him tr
custom of th& army and navy authority
would have been overturn.d.
In the case of the corporat'on ' of the Iloma
Catholic blihops of Nozqually In Washlngto
territory vs John T. Gibson , I ! T. Yeatma
and the United States the decision of th
United States court for the district of Wasl
Ington was alllrmed.
SOUTH DAKO1A l.OSt.S TI1C CAS
Secretary Smith llcclilot the S'uto Cnnno
Unto Ytnkto.i I. mill * u * In tcmulty.
WASHINGTON , May 6 ( Special Teli
gram ) Secretary Hol Smith today rei
dered a decision adverse to the state of Soul
Dakota's claim to select "school Indemnll
land ? In Yankton Sioux reservation.
In consequence of tli ? decision School Con
mlssloner Lockhart ; and Attorney Gener
Miller , who represented the state , will prol
ably bring suit against the Secretary to con
pel him to allow of selections b Ing mat
and to Issue patents to the state. This w :
the determination expressed by those gei
tlemen before they 1-ft the city. It Is pro ]
able , therefore , that proceedings will bo b
gun Immediately upon receipt of the decislc
by thes ? officers.
There are two methods of procedure opt
to the state. First , It can apply to tl
courts to compel the secretary to rccognl ;
selections filed in b'half of tha state ,
Chamberlain , and , second , to ask the Unlt <
States district court ot South Dakota to e :
Join local officers from permitting settlers
file upon selections made by the state peni
Ing judicial dclslon upon the question
controversy.
It Is probable that the president's procl
matlon will be issued tomorrow ,
Iloynolil'n rnnntrurtt > n Mnro I.lbonl ,
WASHINGTON , May d-ThJ action .
the pension bureau In construing the leg
meaning of dependence Under the net i
June 27. 1899 , has been reversed by A
f-lstnnt Secretary of the Interior Revnold
In a decision on n dependent mother's can
The ruling provides where the propsrty po
ces ed by n mother , having no other meai
of Mipport , Is so small that It will not yle
nn Income sulll > lpnt to support her durli
her life It should not deprive her of tl
right to a pension. My "adequate means
support , " the law Is Interpreted to met
not merely enough tp Supply the nece
paries of life for a limited pTlod of yeat
but a comfortable maintenance of the pe
Bloner during1 the remaining years of h
life.
_ t
Now I'nnrtli Clam I'oftniKiiU'r * .
WASHINGTON , May t ( Special Tel
gram ) Postmasters.w ra appointed ted ;
as follows NebraBkaSaltlllo , Lancast
county , M V Thomp'soh. vice Henrv Hnj
man , resigned. Iowa Hobirt , Kossu
county , John Grove , vice J II. rook , r
moved ; Peterson , flny ccmnty W W. 1
Witt vice Grace Kennedy , removed. Sou
Dakota Meckllng , clay county , lav
West , vlco C N. Taylor , resigned.
Another I'enMnn
WASHINGTON , Mny C.-SpeclaI ( Tel
* gram ) Dr. Albert R. Mitchell was n
: pointed an examining surgeon for the po
J slon bureau nt Lincoln , J eli , and Dr. W.
1 Edgerton nt Salem , S. T > .
' '
Q
Admiral Aliny lT > np0ri < n < ly III.
WASHINGTON. May , 6. Rear Admlr
Almy , United States navy , retired. Is ve
111 , and In view of his advanced age )
family and friends nre seriously alarm
over his condition.
TA YLOH'lt JIKOTllEH-lb.T.A ir.
Charged with AlillnR Fontli JJnUotr
Treasurer to Ktctipr.
CHICAGO , May 6. TJie arrest of H ;
Benedict , brother-ln-Iavv of W. W. Tayli
the defaulting state treasurer of South C
kota , took place In Chicago at the Lla
hotel. Plnkerton detectives say that It li
b'en definitely learned that Dencdlct assist
Taylor to escape. A man wag tfnt
Springfield , III. , lor requisition pap frs a
as soon an he returned Uc-cedict wai . plac
under arrest and Immediately taken a boa
the train fcr South Dakctj , Th ( act of t
arrest was kept secret un.ll after he w
on the train-
RAIN BUNCHED ITS HITS
Omaha Visited by the Heavlot Hail Storm
in Thirteen Years.
tCOKEDLIKE A SHOWER CF SNOWBALLS
.Much Dninngo Done to Hoof and Smith
Trout Glim Tree * llnuhcil of Tliolr lie-
crntly At'iUlroil | Orccn llornts Drhcn
Jnlo Stoics fur Shelter.
Not elnco 1SS2 has Omaha been visited by
so severe a , hall storm as that which pre
vailed from 5.15 to D.45 jcstcrday afternoon.
Heavy clouds borne by a cool wind came up
from the southeast , and , after dropping rain
for a few minutes , the black sky began to
throw down the ice. It cnmo In three
showers , with short Intermissions , the stones
gutting heavier all the white , the larger one. )
falling at the last. The largest ones weru
as big as large sized hen's eggs , while the
fall of those of the size ot walnuts was gen
eral.
eral.The
The bombardment of roofs was terrific , but
because the wind was not strong the cast
and south sides of buildings , save In the
southern part of the city , were comparatively
rco from harm. Skylights In every place
uffered seriously , though In every Instance
he destruction was only partial. The sky-
Ight over the wide court of the Bee build-
ng was punctured In nine places ? . Those In
he city hall , library building , Barker hotel ,
IlllarJ hotel and other buildings were slinl-
arly broken.
GREENHOUSES CAUGHT IT WORST.
About hnlf the glass In all the greenhouses
i the i nth of the storm was shattered. The
irunt of the storm passed over the eastern
nd middle portion of the city from south to
north. Hnll fell as far west : u Fortieth
treet , but west of Thirtieth the fall was like
hat of only a common hall storm.
The southern part of the city fared worst
n a district bounded by Vinton on the
outh , Farnam on the north and Twenty-
ourth on the west considerable w recking ol
vlnJow glass was done. On Leavenworth
trect , from Sixteenth to Twenty-fourth , al-
nest nil glass was shattered. But two panes
vcro left In the south side of the Leaven-
vorth school , while In the Mason school
wenty-clght panes were broken. All build-
ng3 In the district describe. ! suffered siml-
arly , though not so severely. All the larger
lotels lost windows
GLASS SPARED NOWHERE.
Windows on the south side of All Saints'
: hurch were generally broken and several In
ho front of the Central United Presbyterian
ihurch were knocked out.
Many ot the electric light street globes In
ho main pait of the city that were not cov
ered with hoods were sent In pieces to the
ground , and In the path of the storm all
lass on the south sUc ot gas and gasoline
amps went out.
While the storm was severe In Hanscom
'laco , no serious damage was done. Few
vlndows were broken In that part of the city
et there was a prolonged bombardment and
rult trees suffered some Injury. The streets
vere strewn with leaves that had beet :
snipped from the trees , while drifts of hal
atones lodged rgalnst the curbstones , when
hey lay for hours after the storm bad sub.
sided.
The large city green houses at Hanscorr
park suffered severely. Probably one-third c.
ho glass was broken. Fortunately , the thou
sands of blooming plants ready to be trans
erred to the o.ien air were uninjured ,
It would have seemed much like autumi
f nil the leaves driven to the ground am
sidewalks hid been brown Instead of green
though except In the southern part of tin
city iho foliage lost was not noticeable It
"ooklng at the boughs.
SHELTER FOR MEN AND HORSES.
People on the streets easily found shclte :
[ rom the cruel pultlnt , , but It was a ban
matter to gel horses under cover. Hundred
of them were unhitched and driven onto tin
sidewalks nnd Into the doors of ttores am
ofllce buildings.
Runaways were reported from all parts o
the city , but so far as has been learned m
parties were Injured.
Perhaps the heaviest damage was dene ti
the vegetation In the path of the stcrm
Where the heaviest hall fell the streets am
sidewalks were covered with a thick carpet o
leaves that were cut from the limbs of th
trees as clean ! } ns If made with a knife li
one place southeast of the depot branchc
fully an Inch in thickness were cut from th
trees. Garden plats In all parts of the clt ;
were more or less damaged , but the los
was heaviest In the southern nnd casteri
parts. Young plants and fruit trees wer
greatly Injured. In a yard on Lake street al
the blossoms on a small orchard c
cherry trees were cut off. On South Twenty
eighth street a property owner picked up
handful of debris and counted out thirty-si
bunches of young grapes.
BRUNT ON SOUTH STREETS.
A walk along Leavenworth , South Six
tcenth. Thirteenth and Tenth streets pro
scnted a scene of desolation. The btrccts an
walks were covered with leaves and branches
almost every window on the north and wcs
sides of the streets was broken. Almos
every pane was shattered In the wooden flat
on the south side ot Leavenworth betwec
Twenty-second nnd Twenty-third streets. Be
twecn Leavenworth street and the Union Pa
clfic tracks the damage was as great 0
Mason street , near Twenty-third , the shingle
were torn off the roofs of two houses and th
roofs themselves perforated by the hal
stones.
The houses nnd buildings on the west sld
of Sixteenth street \scre as badly used up a
those on Leavenworth. Trees were stilppe
and panes of glass were shattered all alon
the street. In some cases the awnings abov
stores were torn Into shreds. Every wlndoi
In a flat between Vinton nnd Castellar Etreat
was shattered. The Castellar Presbytcrla
church , at Sixteenth and Castellar street !
and the Catholic church ut Seventeenth an
Center streets have not a whole window pan
on the east side. Every light and severe
sashes In Hass' hot house on Eighteenth nil
Elm streets were destroyed and the plants Ir
jured. The same fate overtook a grecnhous
on Frederick street , between Fourteenth an
Fifteenth streets. Paxton & Vlerllng's nc' '
building at Seventeenth and the rallroa
tracks , which Is constructed largely of Ire
nnd glass , had a decidedly deserted nppeai
auce , as almost every pane of glass In th
building Is broken.
f South Thirteenth street , between Paclfl
r and Vinton streets , presented much the sain
appearance. It Is reported that at the soul
end ot the street roofs of sheds were poi
forated by the Ice bullets. At the Natloni
hall , Thirteenth and Williams streets , i :
small panes of glass were broken. Aero :
the street a little to the Eouth a phi
tographcr's gallery appears to have gor
through a small-sized cyclone. Every wh
dow Is gene and the roof Is caved In. Sorr
distance north of Williams the windows In
basement occupied by a family were brokei
and after the storm the members spent sci
er.il hours in shovelling out the Ice , wati
and dirt that had entered. The premises i
John Rush , at Fourteenth and Martha street
also suffered considerably. Windows wei
broken In almost every building on the we :
lde of the street , and grass , plants and trci
were greatly Injured.
TJio beautiful lawns that border both sldi
of Tenth street , south of Pacific street , su
fered severely. Many of the young trci
along iho walks and In the yards wereah
damaged The glass In the green houre c
Kountze's property , on the east side of tl
street , were broken and many ot the plan
destroyed. The leaves on several fine cei
tury plants on Bishop Worthlngton'n prernlv
were torn Into shreds , and the plants Inju i
Many windows In tbe fine re Idences ale g 1
( street were shattered. A large number
o the panes In Brownel ! Halt and Mathl ;
chapel , beside It , were also broken ,
IN TUB CITY'S CENTER.
In the center of the city there were vei
few large buildings that escaped darnug
In many cases a single round hole was mai
as U by a cannon ball. Thebulldlogt ID t !
wholesale district , especially that of King-
man & Co. , Ninth and Pacific , In which al
most every pane was broken , suffered much
Other buildings were used as badly. Slate
shingles were torn from the * roof of the Mer
chants National bank building.
The tin roof of the power house nt Twenty-
second nnd Nicholas streets was perforated
In many places , and the rooms on the second
floor were flooded. The glass roof over the
engines was also broken , nnd this necessitated
the shutting down of the generators for fif
teen or twenty minutes , until canvas could be
put up During that time the linen that gel
their power from the house , the Sixteenth
street line nnd Dodge street line and the
Sherman avenue line , were shut down. The
street cars al'o suffered somewhat from the
jtorm. Many of the windows were broken
During tlio height ot the storm two trains
were on Vinton street , between Sixteenth and
Twentieth , nnd every window In the CATS was
broken
Sonic personal Injuries occurred. Mrs. Cos
ters , who lives near Eleventh and Center
streets , sustained an ugly gash In the held
from one of the stones and was knocked
senseless. M. Donovan , on South Thirteenth
street , went out to shut n shutter , and was
knocked down by a stone. An unknown man
was' struck on the back of the neck nt
Twelfth nnd Farnam nnd knocked down. A
laborer , who was working on Corby street ,
was also knocked down. L. Llckworth , while
on the street , near Thirteenth nnd Vinton
streets , was struck on a finger and sustained
n sprain. William M. White , a grocer at
2103 Leavenworth street , while trjlng to
take care of a horse , was struck on the hand
nnd received a cut three Inches In length.
Damage was chiefly to glass and must be
roughly guessed at , but must bo expressed
by thousands of dollars.
MKV SI.VI.KU NI\K
Much Properly Destroyed mill Stock In-
J n rod l > y Hull Molu-t.
ASHLAND. Neb. , May C. ( Special )
"anners coming to this city fiom the bouth-
vest bring reports of n hcnvy hall storm nnd
vntcr spout which occurred yesterday nflcr-
loon nt nbout 2 o'clock. It nppears the
term started nbout flve miles west nnd three
iilles south of this city , and coursed north-
vest for nearly fifteen miles , the track rnng-
ng from one to five miles In width. The
nmnge done Is principally to the crops nnd
rult , nnd they both are entirely gene In
omo places , while others escaped with n
light less.
In the worst parts of the trick the hall
tones were as large ns gocbo eggs , nnd
wrecked windmills nnd mashed windows , be-
Idcs ruining the roofs on a number of houses
Stock that happened to be out In pastures
jame up with their backs nil bruised nnd
jenten , and In some cases the hide broken ,
ut ns yet no life has been reported lost
The rain fell In torrents for some time ,
vhlch raised all the creeks lending to the
latte river out of their banks In less than nn
lour. Salt creek , at this city , raised three
eet In less thnn forty-five minutes , nnd was
icarly over her banks nil night , for the first
line In three years
Nenrly nil the bridges were swept out that
spin the creeks which drain the territory
.Iblteil . by the storm , cutting off the posslbll-
ty of getting a detail report to this , city
overland.
Late reports from the hall storm dcstrlct
how the damage to be pricipaliy to the crops
) ne person Is reported Injured. H appears
10 was caught In the field nnd was knocked
n cnslblc nnd was unable to reach home till
ate , In a feeble condition. Various reports
show the stock loss to amount to some ten
load of cattle , nearly 100 hogs nnd a few
A reservoir on the farm of W. J. Bryan
, \cst cf the city , which covered Eome twentj
icies about ten feet deep , washed out and
caused considerable damage to fence rldgei
nnd corn cribs which It could rcacht At j
m. today the hall lay two feet deep It
ilaces , where It had drifted. The center ol
.he stricken district showed over five Inches
of water to have fallen. The Ice pond al
Swift and Company's Ice plant was rnlsei
over five feet , the highest It has ever been.
BEATRICE , Mny 0 ( Special Telcgram- )
Thls section ot Nebraska is no longer suffer ,
ng for rain , there being a copious downpoui
Friday , another Sunday afternoon , nnd nn.
other this nftcrnoon The ground Is thor
oughly soaked. The oats and wheat nn
looking flue unJ everjbody Is happy over tin
crop prospect
LYONS , Neb , Mny 0. ( Special ) Goo >
rains have fallen almost eveiy day In thh
ccttnty for the past week.
Rabbits can hide In the grain fields am
corn Is up In many places. A few farmer :
began to cultivate their corn last week , tin
enrllott cultivation for many jcars.
Several thousand head of cattle have beei
put on the rcseivatlons.
Fruits ot all kinds promise to bo ai
abundant crop.
A few weeks more of rain and Biinsliln
and hay will bo cut In the Logan valley.
BUTTE. Neb . May C ( Special Telegram
A copious Bhowcr fell throughout thl
county this afternoon , Infusing new life Int
growing crops.
HAH. UAMAOUU KIllHT AND CKOI'I
Wlnoniln anil KIIIMII VMtrd by Deatruci
tlvi storms.
STEVEN'S POINT , WIs. , May C. A cyclon
passed over the southern part of town thl
morning' . A huge rolling column of sand
dust and debils settled down over the clt ;
just cast of the Central shops nnd swcp
nlong for about a mile , tearing up trees nn
overturning outbuildings. The wind was fo !
lowed by a heavy rainfall. This nftcrnooi
the city was again visited by n heavy rail
storm. Two or three Inches of rain has fallc
In ns many hours.
MUKWANAGO , WIs. . May C. The Btorn
last night was unprecedented In this scctloi
of the country. One thousand lights wer
broken by hall In the village. Residents o
the town of Vernon report all crops cut t
the ground. Fruit trees v > ere in blossom an
are now ruined Hall ttones ono and one
half Inches In diameter vvcro picked up afte
the storm. Tliero weio 103 window light
broken In the rcdlcr mill.
EMPORIA. Kan . May C A tcirlfic fall c
hall occurred here this cven'ng ' , which 1m
probably Injured the fruit crop considerably
But llltle wind accompanied the hal ) . Tli
hcav est rain of the season followed , whlc
was much needed. Crops In general will b
greatly Improved.
Tim
r.lcctlcin Ilovr in a fnlornilo TOITII Itciult
In li Trlplo Trnccdy.
DENVER. Cole , May C A special to th
Republican from Comt > , Colo. , says : At th
Tarrynll district school house , nine- mile
cast of Como , Benjamin RatllfTo today slu
and killed Samuel Taylor , L. F. McCurd
and GeorgeD. . Wyatt , constituting the schoi
board and who were actingas Judges at tli
annual school election. Wyatt , who survive
four hours , cald RatllfTe opened a dlscui
slon over text books for the district and the
he accused the board of slandering him an
his family. RatllfTo accidentally fired hi
rifle , the ball entering the floor at Taylor
foot , doing no damage. During the oxcltln
discussion following Ratllffe took aim ;
Taylor and flrcd , Taylor dying1 Instantl' '
Ratliffo then shot McCurdy , striking him I
the back and causing Instant death. II
then shot Wyatt In the back. Ratliffe BU
rend red to Deputy Sheriff Link nt Com
He eajs lie did his best and what he thougl
was justifiable homicide. The dead men ai
among the most highly respected cltlzer
of Park county. Itatllffe Is CD years of aj
and an Invalid.
\Vlfo of l.rillc Stephen Head.
LONDON. May C The wife of Lesl
Stephen , M. A . the author of tbo "Dlctlonai
of National Biography , " li dead.
Movement * of Ucciin Mcmncr * , Jllny ( I ,
At New York Arrived Steamer Zaandan
from Amsterdam ; Normandle , from Havre.
At Southampton Arrived Fulda , from Ne
York for Bremen.
At Movllle Arrived Numldlan , from Per
land , via Halifax , for Liverpool.
At Liverpool Arrived Sachem , from Bo
ton.
ton.At
At Ulargovs Arrived Hibernian , from Bo
ton.
BRITISH INFLUENCE ACTIVE
Holding Out Hopes of the Restoration oi
Royalty to the Uawaiians.
RUMORS OF IMP.NDIfG REVOLUTION RIFE
Government Taking Strp In Prevent t
1'iirther Inlliiz of iliiimnrir Muldnc
Inducement * for IlnroniMiu to
Settle In the Islnndi.
SAN FRANCISCO , Mny C. Advices by the
steamer Gaelic , from Honolulu , April 29 , are :
Minister Hatch has received n communica
tion from Secretary Greslnm , through.
United States Minister Willis , m regard to
naturalized Hawnllnns appljlng for protec
tion of the United States The communication
deals entirely with the case of J F Howler ,
who called on the United Stntcs to Interfere *
In his behalf. Bowler was convlctod on n.
charge of mlsprlslon of troneon In connection
with the recent rcbcll on. Mr Gresham states
the United Stntes Government cannot Inter
fere , nnd giving reasons , calls attention to
the fact that Bowler lias taken the oath oC
allegiance required for becoming n natural-
Ircd citizen of Hnwnll.
Evidence Is nt hnnd that shows that Brit
ish Influence Is nt work In Hawaii. The nn-
tlvcs arc In n state of expectancy and word
has been pasted quietly among thsm that
within a short time restoration would be n.
fact. Bishop Willis , the head ot the English ,
church In the country , Is t-ald to bo the maiv
who Is going among the unlives with the
Information British Consul Ilnws Is nlso.
mentioned In this connection. New hope oiv
the part of the natives has given the annexa
tion move another setback.
The government hna received no news fron >
Secretary Gresham about Minister Tlmrston'a
allc-ged recall
Rumors of an Impending revolution are
still rife nnd the stories are of such a nature ;
that no little alarm is felt in government
circles. Information comes from the Island
of Hawaii to the cITcct Hint the resldenta
arc contemplating sccess on from the group ,
claiming as.n reason for the step that they
do not receive their Ghnio of mono } for pub
lic Improvements.
The Hawaiian govcinmcnt Is now putting ?
Into effect measures to equalize and perhaps :
change altogether the Immigration scheme. A
limited number of Chlne-se Held laborers nra
to be brought In , under restrictions , by au
thority of the net of 1892. For the present
lie bonrd of Immigration will refuse nil np-
illcatlons for further Importations of Jap-
.ncso contract laborers. It Is the intention
f the government and the planteis to en-
lourage by every means Immigration from
Europe. Negotiations are now under way
more Portuguese. In this regard nutters ,
nay shape themselves In a mannei that may
detain Mr Thurston In this country It la
a 111 a new Immigration bureau Is to bo
created , and If so he will be offend the
halrmansh p.
President Dole celebrated his filst birth-
lay on the 23d lust Dining the day a petl-
ion was circulated praying amnesty bo
grantel the political prisoners. By B o'clock
n the afternoon about GOO names * had been
allKcd to the petition. An hour Inter tlio
document was presented to the president.
i\lio replied he would submit It to tin.
council.
/ . % Tin : vni.iut : imi'.inniKXT-
Mnnnitlin Cork lcg Appointed I'atroN.
mm In Unnatft ( Jltr ,
KANSAS CITY. May 6. A smile which
broadened Into a laugh and finally broke Into ,
a guffaw was upon the face of every citizen
of Kansas City this evening when they reads
n tno evening papers of the doings of the
new Board of Police Commissioners , only re
cently appointed by the governor of Mis
souri. One of the most ludicrous of the ap
pointments en the police force v\a i that of a.
man with a cork leg , nnd tl.o best part ot tha
joke Is the fart that the cork-legged man ,
hobbled Into Chief Irwln's olllco for Ills coin-
mission as a patiolman today. 'Hie man'a
name Is William Condon. Condon got tired ;
of the merriment unwittingly made at Ills
expense , and going Into Chief Irwln'b office ,
he exclaimed :
I'm the man with the coil : leg. Guess.
I'll have to own up to It. "
Chief Irwln was thunderstruck. He ssnt
tidings to Commissioners Fyke and Shelley.
When they heard the remnrknble news they-
burst Into the chief's olllco breathlo a and.
with a look of Incredulity.
Whore's that man with the cork leg ? " de
manded Fyke.
"It's a joke. Isn't H ? "
"If It Is , It Is a tough one on me , " said.
Condon. He rolled up his trousers on his
right leg and the commissioners fairly ;
groaned.
"It Is too- true , " said Mr. Shelley , mourn- ,
fully. "I guess all the boys will be guylna
ui now. "
The appointment of Condon will probably
bo reconsidered. A museum freak , nn ex- ,
candidate for congress nnd a prlo fighter
were also placed on the rolls. The local
papers have been making a strong fight
against any change In the police commission
ers and the pollco department , but Governor
Stone appointed men whom the newspapers
opposed , and criticisms of all their actions la
not wanting.
jf.i.vs.i& iuii.iT.s J.Y A jttn ir.ir
Over Unit of ( tin Winter Sonlnc 1'iis Ccco.
Itendcrcd I'rncllcilllynrlhliKi. .
TOPEKA , Kan , Mny G.-The Kansas
Board of Agriculture Issued today , through
Secretary F. D. Coburn , Its first crop re
port of the Reason.
Winter Wheat The acreage sown last fall
Is estimated ns having been 1,051.137 acre- " ,
or about U per cent lu's than tint F"wn the
preceding > e.ir. Uy urifiivoinble v\outlier
conditions E3 per cent of this , or J.lfil.OOO
ncns , hnvc been rtndeird practically
worthless , anil at l ° aat 47 per ci nt of It
will bo plant d In other crops. Phlncli buga
nre reported In miny counties in Iho east
ern tlilnl of the state , iintl nro likrly to rto.
much damage unless chocked by much wet
wfath'r. KniiP.iH expccta little fiom hef
wheat crop of 1SS3
The area which will be devoted to porn
Is nut down n from 18 to 20 per cent morn
than In 1691 , npproxlmntlntr nn Im reuse oC-
1,250'AO ncres , or n total of 7 OCS.OOO acres.
The most of this Is very promising. The
fort-going IB all b.T-ed upon cjiulltiuns ex
isting on or Imm illntcly prior to April 30.
but It Is proi > cr to Hay that since then
raln-i , the most copious In many months ,
have fallen ami nrp still falling over ex-
tennlve areas In ICiinrnf. and thepo , If con
tinued , of course , preFnge ona of Kansas *
great crop seapona.
V.OO/fl.NO Ol'Kll iitCK.1IU\T : QVAitltf
lion. J , I' . Scutles nt Iho Sou h Dakota
City.
EDGEMONT , S. D. , May C. ( Special Tele
gram ) Hon. Jonathan E. Searles , secretary
and treasurer of the American Sugar Refining
company , accompanied by his family , arrived
In his special car at 10 o'clock this evening * .
Searles will examine the grindstone manu
factory and the quarry , In which ho la
largely Interested. He Is on his return from
a trip to Denver and the northwest , and wilt
stay at Edgc-mont a day.
The second Urge shipment of grindstones
to New York was tent from Edgemont to *
day. It consisted of over 100 flno razoa
stones for factories In tbo cast that havu
until now use-d emery wheels. Three expert
turners of grindstone have been wired too
from Berca , O. The vvholo ot the machinery !
used being ct grindstones bai had to ba i |
duplicated , and IB now In course ot construe- j ]
tlon. U will be shipped from Edgemont Im
mediately.
VV. I" . Mebrr Hound Over.
SIDNEY , Ntb , , May 6. ( Sptc'al Tele *
gram. ) The preliminary exam nation ot W *
F Wobcr. alias Fisher , for obtaining goods ,
and cash of Jen tier Relnhart , toot : place b r
fore Jui * ! ; ' ) H ckrr this afternoon. He
licld in 5-00 bonds fer the district court *
Noac of the proruty was recovered.