THE OMAHA. DAILY BEE ESTABLISHED JUNE 19 , 1871. OMAlIA , TUESDAY , MAY 28 , 1895. SINGLE COPY FIVE CENT DEBS TOT SERVE HIS TIME Supreme Court Refuses to Grant llim a Writ of Habeas Corpus. FUNCTIONS AGAINST STRIKERS VALID Ilonrh Wit * Unnnlmnunty of the Opinion thnt the Circuit Court Ilai IMnnl Juris diction nnd tlmt the Cnse 1 Nut Ilevletrabto. WASHINGTON , May 27. The United States supreme court today denied the ap plication of Eugene V. Debs , the strike leader , for a writ ot habeas corpus. This la a victory for the government. No moro Im portant question , with the single exception of the Income tax , has come before the su prcme court during the past year than the attempt of Eugene V. Debs and other officials of the American Railway union to secure a reversal ot the sentences to jail by Judge Woods for Interfering with Interstate com merce and the running of the malls In the great railway strlxc of last summer. The history of the case Is still fresh In public memory , but It has Importance beyond the question ot the Imprisonment of the A. II. U. officers , because there Is largely In volved the principle ot the right of judges having jurisdiction of large Interests by vir tue of receiverships created by them to pre vent labor troubles through the Instrument tallty of Injunctions. Nearly one-third of the railway property of the United States being In hands of receivers appointed by federal courts , the precedent thus established has wide application. Technically the application for writ of habeas corpus and ccrtlorarl arises from the case In equity of the Union Trust company against the Atchlson , Topeka d Santa Fo road since the receivership , under which the circuit court exercised jurisdic tion over the Santa Fc and Us allied roads , was created In this case. On July 2 , 1894 , when the great railway strike was threaten ing , the receivers applied to Judge Woods of the circuit court for the northern district of Illinois for an Injunction against the A. R U. to prevent It from Inciting employes to strike. Judge Woods signed the order pre sented , which was a sweeping one. enjoining the offlce/n "Of the union from fcuerfering With the mails or with Interstate commerce , or from destroying property ; from compelling or Inducing the employes of the road to strike by violence or Intimidation , or from aiding or abetting them to do any ot these things. The A. R. U. decreed a strike on the Illi nois Central railroad , one of those Included in the Injunction , nnd the events of the strike are matters of general knowledge. The offi cers of the union were brought before Judge Woods for contempt of the court last DC- . ccmber. E. V. Debs , the president , was sentenced to six months in jail , anl seven others , G. W. Howard , Sylvester Kellher , L W , Rogers , James Hogan , William E. Burns , Hello M. Goodwin and Martin J Elliott were sentenc d to three months. It appears thai the Injunction had been personally served on the first four officers , but Judge Woods held that Its publication In the newspapers vvas sufficient service In Itself for all ot the defendants. BASIS OF THE DEFENSE. An application was made to the supreme court for the release of the eight officers of the union by a writ of habeas corpus. Pend ing decision of the supreme court they have bsen glvon their freedom under ball. Counsel tor Debs and his associates base their appli cation on the grounds that their sentence without Indictment and trial by jury vvas in violation of the constitution , particularly Its Fifth and Sixth amendments , that the Information mation upon which they were convicted did not show any violation ot the Injunction. Also , that the Injunction vvas void , becaus : the bill asking for It stated no case of which the court could take cognizance , and was in effect a bill by the government of the United States to maintain the public peace and en join the violations of the penal code. Argu mcnts before the supreme court by C. S D.arrovv and Judge Lyman Trumball for th union , and Attorney General Olney and As sistant Whitney for the government , at tracted great attention The decision of the court was read by Jus tice Brewer , and was unanimous , there blng no dissenting opinion. All contentions of the government were sustained. The con clusions of the court \\ere thai the govern ment of the United States vvas having juris diction over every foot of soil and over every . Individual within the boundaries of the United I States , and while It was one of limited pow ers , It had sovereignty within those limita tions. It had power to Invoke civil courts to remove obstructions to Interstate com merce , and the civil courts had the right to enjoin those who made obstructions to such commerce , The Injunction was no bar tc criminal processes for acts done In violation ot the Injunction. The circuit court having final jurisdiction , Us act was not revlewable by the supreme court on a petition for a writ of habeas corpus , and therefore the writ was denied. SYLLABUS OF THE DECISION. The opinion of the court In substance was as follows : The case ; presented Is this : The United States , finding tlmt the Interstate transpor tation of persons mid pioperty , as well as the carriage of the mails , Is forcibly ob structed und that a combinuton and con spiracy exists to subject the control of such transportation to the will ot the con spirators , applied to one ot the courts sit ting us a court of equity for tin Injunctloi to icstruln such obstruction and prcvenl carrying Into effect such conspiracy Twc questions of Importance nre piuBented : 1. Are the relations ot the Kenernl gov ernment to Intel btate commerce und tin transportation ot malls such us authorize a direct Inteifrrence to prevent a forclblt obstruction thereof ? 2. If authority exists , ns authority Ii Kuvermnentul affairs Implies both povvei und duty , bus u court ot equity JurlMllctior to Issue an Injuncton In aid of the per formance of Eiirh duty ? Flrbt. Wlmt tire the relations of the gen eral KOVeminent to Intuistate commerce nnd the transportation of malls ? They on those of illrctt supervision , contiol am management. While under the dual n\Hten which pievalls with us the powers of KOV' crnment are distributed between the state and the nation and whllu the latter I ; properly ttyleil a Kovurnment of eiiumer uted powers , yet within the limits of sue ! enumeration It has all the attributes ci bovcrelRnty , nnd In the uxeiclsa of those enumerated powcn * acts directly upon tin cltlien und not through the Intermediate agency of the Htate. Second. Vneler the power vested In congress gross to establish postotllces nnd pestroad : coiiKrew has by a mass of legislation es tabllslml the great pcstalllcc Hvstcm of the country with all Its detail of organization Its machinery for the transaction of bust ness , defining what shall be curried um vvlnit not , and the pi Ice of carriage am also puscilblnK penalties for nil offen'-e. against It. Obviously thcso powers given le the national government over the Intel Htnto commerce nnd In respect to thi transportation of the malls were not dor in nut uml unused. Congn-sx had taken hoU of thrstt two matters and by various tini upeclllc acts hud assumed and cxurclxct the powcra k'lven to It and was In full 'Us charge of Its duty to regulate Intcrstati commerce und carry the mulls. If the Inhabitants of a single etata or i Brent body of them should combine ti obstruct Interstate commerce or the trans jiortallon of the malls prosecutions for tmcl offem-es had In mien a community would hi doomed In advance to falluie. And If thi certainty of such failure v\a known am the national government bad no other vvii ; to enforce the freedom of Interstate com incrco and the tiunsportatlon nf mails tlmi by v > ro eeutlon nnd punishment for Inter ferenco therewith , the whole Interest * o the nation In these respects would be a the absolute meicy ot a portion of Hit- In habitants of a slnulo state. Uut thtro is no such ImpoteMicy in th national , government. The entire xtrencil of I ho untlnn may be used to enforce Ii any part of the land the full and free ex errlbft of nil national powers and the BO curlty of all rights entrusted by the con Btttutlon to Us care. The fctronj , ' mm o the national government may bo , put fortl to brush tuvuy all obstiuctlons to the free dom of Interstate commerce or the trans portutlon of the mails. If the emeruci < ; urlfes the nrrny of the nation nnl nil It navy arc ut the service of the nation t compel obedience to the lavs. In the cnvo before ut. tli right to us. . force docrt not exclude the right of unpen to the courlK for Judicial ditermrhaton un < f thee 4 * l of all ta lr powers ot i > n ? vcntlon. Indeed , It H moro to the praise thnn to the blame of the government thnt Instead of determining for Itself questions of right and wrong on the part of these petitioners nnd their associates nnd Inferr ing that determination by the club of the pollccmnn and the bavonet of the soldier , It submitted all those questions to the peaceful determination of Judlclil tribunals , and Invoked their consideration and judg ment aq to the measure of Its rights and powers nnd the corelntlve obligations of those ngnlnst whom It made complulnts. And It Is equally to the credit of the latter that the judgment of those tribunals was by the grent body of them respected , nnd the troubles which threatened so much dlxaxtcr terminated. Neither cnn It bo doubted thnt the gov ernment has such nn Interest n the sub ject matter ns enables It to nppour n- party plaintiff In this suit. It Is said that equity only Interferes for the protection or property , nnd that the government has no property Interests. A sulliclcnt reply Is that the United Stiites has a property In the malls , the protection of which was ono of the purposes of this bill. POWER OF CONGRESS UNABRIDGED. Up to n recent date commerce , both In terstate and International , was mainly by water and It is not strange that both the legislation of congress and the cases in the courts have been concerned principally there with. The fact that In recent years the In terstate commerce has come mainly by rail roads and over artificial highways has In no manner narrowed the cope of the constitu tional provision or abridged the power of coi gress over such commerce. On the con trary , the same fullness of control exists In the ono case as In the other and the same power to remove obstructions from the ono as from the other. Constitutional pro visions do not change , but their operation extends to the new matters as the modes of business andi the habits of life of the people vary with each succeeding genera tion. tion.That the bill filed In this case disclosed spclal facts calling for the exercise of the powers of the court Is not open to question. The picture drawn In It of the vast Interests Involved , not merely of the city of Chicago and the state of Illinois , but of all the states and the general confusion Into which the Interstate commerce of the country was thrown through the forcible Interference with that commerce ; the attempted exercise by Individuals of power belonging only to the government , and the threatened continuance ot ruch Invasions of public right , presents a condition ot things which called for the fullest exercise of all thfi powers of , the court. If ever there was a special exigency presented , one that demanded that the cour should do all that courts cnn do , it Is ap parent on the face of this bill , and we neei but turn to the public history of the day which only reaffirms , with emphasis all Its aiv. < atlons The difference oui..I'jn a public nuisance and a private nuisance Is tint one vvhlcl affects the people at large and the other simply the individual The quality of the vrong Is the same and the jurisdiction of the courts over them rests upon the same prln clplcs , and goes to the same extent JURISDICTION NOT QUESTIONED. The argument In opposition does not ques Ion the jurisdiction of the court , but only expediency ot Die action of the governmcn n applying for its process. H surely canno ) o seriously contended that the court ha jurisdiction to enjoin the obstruction of lilghway by a person , but that It has n jurisdiction when the obstruction Is by 10 ( ierfons. It may bo true , as suggested , thn in the excitement of passion , a mob will pa little heed to processes Issued from the court and It may be said by counsel In argumen that It would have savored somewhat of th puerile and ridiculous to have read a wrl of jurisdiction to Lee's army during the lat civil war. It Is doubtless true that lute anna leges silent , nnd In the throes of th rebellion or revolution the processes of clvl courts are ot little avail , for the power of th courts rests on the general support of th people and their recognition of the fact tha peaceful remedies are the true resort for th correction of wrongs. But does not counsel' argument Imply too much ? Is It to be assumed that these defendant were conducting a rebellion or inauguratln a revolution or that they and their associate were thus placing themselves beyond th reach of the civil process of the courts Whatever any single Individual may hav thought or planned , the great body ot thos who were engaged In these transaction con templated neither rebellion nor revolution and when In the due order ot legal proceed ings the question ot right and wrong was submitted to the courts and by them de cided , they unhesitatingly yielded to their decisions. The outcome by the very testi mony ot the defendants , attests the wisdom of the course pursued by the government and that It was well not to oppose force simply by force , but to Invoke the Jurisdic tion and judgment ot those tribunals to whom by tl.e constitution , and In accordance with the settled conviction of all citizens , is com mitted the determination of questions of right and wrong between Individuals , masses and states. A most earnest and eloquent appeal was made to us In eulogy ot the heroic spirit of those who threw up their employment and save up their means of earning a livelihood , not In defense of their own rights , but In sympathy for and to assist others whom they believed to have been wronged. We yield tc none In our admiration of any act of heroism or self-sacrifice , but we may be permitted tc add that It Is a lesson which cannot be learned too soon nor too thoroughly that under this government for and by the people the means of redress of all wrongs Is through the courts and at the ballot box , and that no wrong , real or fancied , carries with It legal warrant to Invite as a means of redress the cooperation tion ot a mob with Its accompanying acts ol violence. SUMMING UP ITS CONCLUSIONS. We have given to this case most careful and anxious attention , for we realize that It touches closely questions of supreme Impor tance to the people of this country Summing up our conclusions , we hold that the govern ment of the United States Is on : having juris diction over every foot of soil within Its ter ritory and acting directly upon each citizen ; that while It Is a government of enumerate ! ] powers It has within the limits of those powers all the attributes of sovereignty ; that to It Is committed power over Interstate com merce and the transmission of mall , tin ) the powers thus conferred upon the national government are not formulated , but have been assumed and put Into practical exercise by the legislation of congress , that In the exercise of those powers it Is competent foi the nation to remove all obstructions upon highways , natural or artificial , to the passage of Interstate 'commerca or the carrying ol the mall ; that while It may be competenl for the government ( through the executive branch and In the use of the entire execu tive ppwer of the nation ) to forcibly remove all buch obstructions , It is equally within It : competency to appeal to the civil courts foi * an Inquiry and determination as to the exist ence and character of any alleged obstructions and If such are found to exist or threaten tc occur to Invoke the powers of those court ! to remove or restrain such obstacles ; thai the jurisdiction of courts to interfere In such mttters by Injunction I : one recognized from ancient times and bj indubitable authority ; that such jurlsdlctlor It , not ousted by the fact that the obstruc tions are accompanied by or consist of act : In themselves violations' the criminal laws that thelproceeding by Injunction is of J civil character and may be enforced by pro cocdlngs In contemplation that the penaltj for a violation of such Injunction Is no sub stltute for -any criminal prosecution for of femes committed In the course ot such viola tlon ; that the complaint filed In this casi showed clearly an existing obstruction o artificial highways for the passage of Inter state commerce and the transmission of mall : an obstruction not only temporarily exist Ing , but threatening to continue ; that undei such complaint the court had power to lisui Its process of Injunction ; that. It having beei Issued and served on these defendants , thi circuit court had authority to inquire whethei Its orders had ha'n eltsobcved , and when I found that thty had been , then to proceec uud r kei-tton 723 , RcvljuU Statutes , vvhlcl grants power "to puuiih by fine or Imprison ment * dltohfdlcnee * by any part ; or other person to any lawful writ prucctd , order , rule , decree or command" ani enter the order of punishment complalnei of' and , finally , tint Inn circuit court , having full jurisdiction In llu premltes , In Its find > 'X of the ( act of the * disobedience la not opo U > rttvlen ou hibeas corpua In this or an ; Ii r i"urt Weit r | pto no rxamltmtlou , at. I ha act o ( CimUnucd ou Seccad Page. ) SECRETARY .GRESIIAM DEAD Grew Suddenly Worao Yesterday Afternoon and Gradually Bank Away , 1CPE ABANDONED EARLY IN THE EVENING Cept Alive by Powerful Htluiulitntt Until 1:10 Wife and UnuRhtrr Were nt Ills ISotUlde Son Did Not Arrive In Time. WASHINGTON , May 23. Secretary Gres- lam died at 1:15 : o'clock this morning at its rooms at the Arlington hotel. Although lope ot his recovery was practically aban doned when his s'nklng spell occurred shortly before G o'clock last evening , the most powerful heart stimulants known to medical science , nltro-gtyccrlne and digi talis , were injected periodically and an In fusion of normal sallno solution was maJc through an open vein In the arm. He recov ered slightly , but owing to severe rigors shortly before 11 o'clock , ho began to fall rapidly anj his vitality began to ebb. The three physicians saw that the end was near , and at 12 o'clock withdrew to the anteroom , leaving In the sick room only the members of his family , Mrs , Gresham , her daughter , Mrs. Andrews , an.1 son-in- law , Mr. Andrews and the nurses. Up to that time ho had been conscious and talked at Intervals. His words were full of brav ery. Ho fully appreciated | hls condition and spoke words of hope and cheer to h's stricken wlfo nnd daughter. Sometimes his mind wandered slightly and went back to the da > a of long ago , recalling Incidents of life and happiness In the springtime of his life. He spoke , too , of his absent son and his private bccrctary , Mr. Langls , whom ho loved as a son and who , like his son , was speeding to nls bedside , all to late. But just before the physicians retired , ho ceased speaking , though he appeared to be conscious. Mrs. Gresham sat at the bed side smoothing his fevered brow and occa sionally reading to him from blb'o passages which ho loved. As the end approached his pulse became hardly perceptible. Gradually his eyes glazed and closed. Mrs. Gresham , with noble and heroic fortitude , continued tc read the words of the gospef tc her depart ing husband. Her daughter and son-in-law stood with bowed heads at the side of the couch. NURSES BROUGHT THE NEWS. At 1-15 o'clock hla breathing ceased , a peaceful shadow passed over his pale coun tenance , his pulse fllcKereJ and the sorrowing family were In the presence of death. One of the nurses convejod the news that the end had come to the physicians In the next room , and they in turn , brought it to the w ateliers In the reception room. Those present In the reception room were Secretary and Mrs. Lament - mont , Secretary Herbert , Assistant Secretarj of State Uhl and Assistant Secretary of Wni McAddo and First Assistant Postmaster General - eral Jones , Assistant Secretary of the Treas ury Hamlln , Attorney General Olney , Colone ! Corbln of the army , and the president's prl- vto secretary , Thurber. In the hotel lobby outside were a half hundred of the secre tary's friends. No arrangements will bo made for tb ( funeral until the arrival of his son today. President Cleveland , who was at Woodlcy was telephoned to and kept constantly In formed as to his premier's condition. He too , has been confined to his room , It Is said for two days by a bilious attack. He sen word that it It was possible for him to se < the secretary or to be of any assistance hi would be glad to come In , but the physician ! stated that It would bo Impossible for tin secretary to see any one , and ho therefori decided to remain at Woodley. Mrs. Grcsham's devotion to her husbanc during his Illness has been of the most ten der , patient and faithful character. Althougl physically slight , she displayed , so said out who has been In the sick chamber severa times a day throughout the secretary's 111 ness , remarkable endurance and nerve. Foi four weeks she has hardly had her clothe : off. Night and day she was at the bedside snatchlne an hour or two of sleep when shi could on a lounge in her room. She seemcc determined to fight off death. "If ho dies , " she said many times , "I losi all. " But she did not complain. With patlenci and devotion she ministered to his ever ; want , giving everything her personal atten tlon and trying to cheer and brighten bin when he was peevish and fretful. The ut most persuasion was required to Induce he ; even to lie down. Yesterday she grew si faint from sheer exhaustion that she reelei and would have fallen , had not one ot tin nurses caught her In her arms. Mr. Gresham's Illness b.'gan May 1 , whei he was attacked with acute pleurisy. HIS LONG ILLNESS. When he was taken sick four wcoks ago thi physicians dlagonscd the case as gall ston < In the bladder. His pleurisy symptoms \ver overlooked for almost thirty-six hours As soon as Dr. W. W. John ston , who Is now the attendlni physician , was called , he discovered that th secretary was suffering from an acute case o pleurisy , probably caused by exposure vvhll riding out to Woodley , the president's coun try home , at night. In the meantime , th gall stone had passed. The secretary's rlgh lung was affected , the cavity being alreacl ; filled with pleuritic fluid. His resplratloi rosa to 43. The physicians decided not t tap the cavity , but to rely upon * ab sorptlon to rid It of the exuded fluid Grad ually Secretary Gresham grew better. Th respiration was reduced almost to normal List Saturday , when Dr. Johnston though all danger past , the left lung suddenly be came affected and filled rapidly Since thei either Dr. Johnston or the consulting physl , clan have been at his bedside constantly , a have Mrs. Gresham and their son-in-law , Mi Andrews. He passed a very bad night Saturday nigh and a very bad day yesterday , suffering s much pain that last night he was placei under the Influence of opiates. Us has beei kept more or less under their Infleunce today Ills long Illness has weakened the secretar ; greatly , and It Is said that his physician have decided that In his exhausted condltloi he could not undergo an operation for th removal of the fluid The fact that the secre tary has had stomach trouble for years an has been obliged to diet militates against an rapid recovery of strength. Secretary Grea ham had an attack ot pleunrlsy year ago. He has also suffered much from hi wounds , being at one time bedridden for eve a year. SKETCH OF HIS LIFE. Down In Harrison county , In the moe southern portion of Indiana , was born o the anniversary of St. Pair ck's day. Marc 17 , 1832 , In a small , unpretentious fram house , Walter Quintan Gresham , lawyei statesman , soldier , cabinet officer and Unite States judge by turns. It has been said that ho Is of pure Amerl can stock who can trace his native-born an tecedents back 100 years. Judge Greshar can do moro than this. His grandfnthei George Gresham , was born In Virginia I 1776 , emigrated to Kentucky In 1S01 , vvher he married a sister ot Dennis Pcnnlngtor and In. 1 09 crossed the border line Into Ir dlana , where he settled In Harrison count ] of which he was one of the early pioneer and founders. Honest , Industrious , courage ous and a devout Methodist , this stalwai Virginian appears to have been a good tins band and a fond father to his six chlldrer ot whom William , the eldest son , was th father ot Judge Gresham. Corydon , the scat of justice ot Harrlso county , about ten miles from which Jude Ureuham waa born , was for three years th capital of the territory and tor nine yeai the capital of the new state. Here In 182 camp William Gresham , about a year and half after Walter was born , to assume th duties of sheriff of Harrison county , tovvhlc office h ? had b"en elected by an almost unat imous vote. Not Icng was ho permitted t hold office. In the spring ot 1S3I , while a tempting to serve a writ on tough chai octer who had violated the kiwi of his coun try , Sheriff Greahanr tva repulsed by a charge ot lead and dledMnsldct of two hours. The wretch who comral tied'this cowardly murder was eventually pardonbdiby the gov ernor , after serving a short time In prison , to which a Jury had consigned him for twen ty-one years. ' With a family ot fortr children , of whom the eldest was 8 and the youn eit , Walter , was 2 , Colonel Greslmhvs widow found It a hard struggle to provide for her fatherless babies during the next tow yearn. As soon as Benjamin , the eldest , was able to attend to the farm ho shared the responsibility of Its management with his mother , but Wal ter wai of a more studious disposition than the rest of the family , and after gleaning wlut knowledge ho could from the county schools ho set his heart on entering the sem inary at Corydon , wTiere he later spent two years In study , completing his education by a year's course In the State unlcrslty at HloomlnKtoiu Returning home he entered the law office of William A. Porter , prosecut ing attorney of Harrison county , ono ot the ablest jurists of that dan Qni' 1 ° 1854 , after thre-o years of hard study , young "Wat" Gresham , as he Is still called In southern In diana , was admitted to the bar. CAPTAIN GRESHAM IS PROMOTED. Something In his great uncle's taste for public life appears to hove bsen Inherited by the judge , for In 1855 , when the Ne braska question was being agitated , the young lawyer joined the republican party , and In 183C , when Fremont was nominated for president by his party at Philadelphia , he stumped Harrison county In support of the republican ticket. In 1860 he managed to overcome a democratic majority of 600 In his district , and was elected to the legis lature. , At the outbreak of the war ho was ap pointed colonel of the Thirty-eighth In diana volunteers , and In December ot 18G1 to the command of the Fifty-third regi ment. Colonel Grcsham first proceeded with his regiment to St. Louis , hut latotr joined Grant at Savannah , where ho was assigned to Veatch's brigade of Hurlburt's division Although anxious to participate In the fight at Shiloh , ho was compelled to remain on guard at the Savannah p'ost by order of General Grant , but later engaged In the siege of Corinth , afterWaid moving with the regiment to La Grange , where he joined Grant's army and took part In the north Mississippi campaign. Ho was afterward stationed at Memphis , was before Vlcksburg , and August 11 , 1863 , on the recommendation of Generals Grant and Sherman , was ap pointed brigadier general , commanding the post at Natchez. * Subsequently ho was placed In charge ol the district of Natchez , succeeding General Crocker , and his wise and judicious govern ment ot that turbulent city Ii yet remem bered by the people of that region. Genera ! Gresham remained In Natchez until the fol lowing Spring , when bo was ? placed in com mand of a division Of the Seventeenth Corps of the Army of the Tennessee , to take part In the campaign agadist Atlanta. At Leg- gett's Hill July 20 , 1SC4 , while the -i- , ; , ' -of bullets was particularly heavy , General Grcsham received a Charge of shot Just be low the knee , causing a seven ? and painful wound that disabled him for a > car and prevented him from seeing- further service. March 15 , 18G5 , ho was brovetted major gen eral of volunteers for gallantry before At lanta. JTho war over , he resumed his law practice at New Albany , forming partnership with Judge Butler. In I860 he was nominated for congress by his party , but the district being so heavily democratic , ho was defeated. APPOINTED TO THE BENCH. In 1SC7 fie bccam6 financial''Agent ' for his state In- Now "York * , and In 1SG3 President Grant , who ever had for hlnv a warm per sonal regard , offered General Grcsham the collectorshlp of the port of New Orleans which , however , ho declined. The president then urged Upon" him the district attorney * ship of Indiana , but as General Gresham had been endeavoring- secure this office for a friend , ho respectfully refused to con sider it for himself. Wh n , however , In December , 1869 , the President Invited him to become United States district Judge for In diana , General Gresham gracefully accepted and for nearly thirteen years pieslded on the bench. In April , 1882 , on the death of Postmaster General Howe , President Arthur Invited Judge Grcsham to leave the bench and ac cept a seat In his cabinet as postmaster gen eral. For a little over two years Judge Gres ham held this Important position , the most conspicuous act of his administration being the determined fight he made on the Louis iana lottery people , his recommendation to congress being largely Instrumental In the passage of the bill excluding all lottery mat ter from the United States rpalls. In July , 1884. on the death of Secretary Folger , Judge Gresham vvas transferred to the treasury portfolio , but this ofllce he re signed In a few months to accept the position of United States Judge for te | Seventh Judi cial district , made vacant by the retirement of Judge Drummond of Chicago. Perhaps the most celebrated Instance of his moral courage on the bench was displayed In 18S6 , when the famous Wabash case , In which Jay Gould and his myrmidons were dejply Inter ested , vvas reviewed In his court. On this oc casion the Wall street wizard , who had been milking the Wabash system ( or millions , and had finally effected a big coup by wrecking the consolidated roads and gattlng his own creature appointed as receiver , experienced a severe setback from Judge Gresham , who or dered Gould's receiver dispossessed and ap pointed In his stead a man who would deal fairly and equitably with the creditors of the company. In the republican convention of 1888 , held I in this rlty. the friends of , . Judge Gresham i made galant efforts to secure him the nomi nation for president. When the national committee of the pee ple's Independent party met In Omaha he was one of the men prominently mentioned for the presidential nomination , and had he been v\tiling to accept could undoubtedly have se cured the nomination. A committee waited e on him to ascertain his. vievvs and he abso lutely declined. When Cleveland was elected the last time he was tendered and accepted the position ol _ secratary ot state , which he held at the time . of his death. s WORK IN THE STATE DEPARTMENT As secretary of state In'the present ad ministration , Mr. Gresham thas had to deal with perhaps more vexatious , Intricate and delicate diplomatic affairs than has fallen tc the share of most secretaries.-of state. Ills treatment ot these was mtrtied. by the strong individuality which was part : of the man. Perhaps from his long Judlclall experience he was disposed to view erery question from i n the standpoint of exact ami equal justice. Te 3 him it made little difference , how any line ol action promised to affect hli > own country , he could and did disabuse hi * mind of any personal feeling" Irr'de.illng' ' with an Inter national question , anditha first consideration with hlrrl was alwaysfabioliito fairness. Secretary Gresham found "much to dis satisfy him with the itate Dtrour official re lations when he assumed ofllcB'the last time and In his charactctrlstic tasblon he set tc work to shape these to mett his own Idea : without delay. This- brought him face to fact with the great question ot the hour at thai time the annexation ot Hawaii. He had de cided views on this matter , oven before he came Into the cabinet , and Jt vvas upon hi : recommendation that President Cleveland performed almost his first oiQclal act bj Withdrawing from the senate , where It was pending , the annexation treaty negotiated b > Secretary Foster. Then Mr. Blount was sent to the Island republic to make an origi nal Investigation , and upon his report the secretary made his now celebrated recom mendation that the queen be restored , Inas much as she had be n deposed by the acts o ! officers of the United States. While he was de p In the Hawaiian nego tlatlon , Secretary Gresham was suddenlj obliged to give attention to the Bering so ; fisheries. The arbitration arranged by hli predecessor was In full swjng. Here wa : another matter with which ho was not Ii iir harmony. He did not bel eve that the arbl tratlon would be Successful In the objec aimed at by the United States. It was enl ; bv an exhibition of all the strength ot hi : character and purpose that he succeeded Ii hurrying through the British Parliament ai ict to give effect to the arbitration and thei securing the adoption ot regulations to keei off the poachers. He wai married In 185S to Mlsi McQraln o Corydon. Ind , and two children , a son ant r. I daucbter , have been bora to them. MURDERED flIS NEIGHBOR Jhoyenno County Farmer Instantly Killed While Riding Over tha Prairie , TROUBLE WAS OVER AN IRRIGATING DITCH Shot In the Ilnck with llucloliot by n Neighbor IIIililcu III tlio Itiuhe * Who AftcrnruriU Ulvci Himself Up. SIDNEY , Neb. , May 27. ( Special Tele gram. ) Last evening at 7 o'clock Uobert 1' . Fawcus was brutally murdered at his ranch five miles nest of Camp Clarke and fifty mllca northwest of Sidney In Cheyenne county , by F. W. Dozarth , a neighboring ranchman. Frank Llpsky , a boy employed by Fawcus , was driving some cattle dpwn to the lake to water and Fawcus came out on horseback to oxamlno them. Just a quarter of a mlla cast of the house Fawcusas shot In the back , falling from his horse Immediately. The murderer was concealed behind a clump of sagebrush and was recognized by Llpsky. Mounting his horse Bozarth drove to his homo immediately , two miles away , throw the shotgun by the side of his cabin and told his brother-in-law that he was going to Sidney to give himself up. Ho arrhcd hero at 2.30 this morning , and In company with Judge Heist , his attorney , ho went to Sheriff Daugherty's house , contiguous to the jail , and told the sheriff he had killed Fawcus on account of eorno trouble over an Irrigating ditch. ditch.W. W. A. Flsterman , who Is In the employ of Fawcus , says that on Wednesday last llozarth made a threat that the first man who opened the headgato he would bore full of holes. Se\eral other witnesses heard the remark. It seems that the ditch was built by a joint stock conipany known as the Chimney Hock Canal company. Fawcus owned eight water rights and Doznrth three. No one can In terfere with the headgato but Henry Randall , the general manager , and ho turns In water enough for all. Fawcus had never been Known to touch the cate. In lact. ho had Instructed his men to keep their hands off , and to ece Randall whenever the water supply was in- sufficient. When Fawcus returned on Satur day from the sand hills , whither he had been about a week hunting some horses that had strayed away from his ranches and heard the threats which Dozarth had uttered , ho said he didn't think he would do it , as they had always been friendly , and that he had always loaned llozarth anything about the place that was asked for. Jack Crlttenden , the. precinct constable , was at the Fawcus ranche visiting with his vlfe , 52' ' rn hearing the shots Jumped on his horit , ' < \'ent In-he { direction the shots were fired , and arrived at Fawcus1 side just as he was expiring. His last \KXrds were , 'Jack , look after the things. " - > Tho/shots were fired from a breech-loading shotgun , and both shells were loaded with juckshot , showing premeditation on the part of the murderer. The deceased was well known throughout he county. Ho was a liberal , wholesouled 'eilow ' , In excellent circumstances , and be- oved by all He was 31 jears of age , single and a member of Gerlnpc lodge of Free and Accepted Masons. He settled here nine years ago. coming direct from his natl\e home In Gngland. He expected to call on June 11 for England to visit his aged parents. Bozarth Is 25 jears old , a single man , medium build , and weighs about 140 pounds He will say nothing about the crime. Coroner Burger has started for the scene In company with Dr. A. D. Stowltts , the county physician , and will bring the body here for burial , and ultimately ship the re mains to England. Fuller details will bo brought ) out at the examination. Indignation runs very high here , and It Is hard to foretell what the consequences will bo when the north country bcomcs fully aroused. PITCHKU iiATnn NEAII NAi.corr Tour Men M oumlcil niul Two of Them IMrty Dip , RED CUFF , Cole , May 27 The first open rupture In the much talked of sheep and cattle men's war In Routt county has occurred and four men arc badly wounded , two of whom may die of their Injuries. The news was brought by a messenger who came for medical assistance. The messenger could glvo but few details of the affair. The fol lowing are the casualties resulting from It William Matna , long gash on forehead and cut In the ribs with a knife. Alex Wlnslow , cut behind the left car ranging downward ; also cut across the neck nearly severing the artery windplpo. Tom Dice , cut on bock of the neck and badly beaten o\cr the eyes. John Wlnslow , cut several times In the back with a heavy knife. The scene of the encounter was nt a point twenty miles above Wolcott , on the Sheep horn. Wolcott Is a station on the Denver & Rio Grande railway and Is the starting point for stages running to Steamboat Springs , eighty miles north. For several days a collision between sheepmen and cat tlemen has been expected. The bitterness between the two factions has been growing and the feeling is so Intense that fighting Is expected at many points. The trouble between the sheepmen and cattlemen Is the same that caused so much trouble In western Colorado last year. The sheepmen , principally from Montana and Wyoming , Insist on driving their herds through Routt county as far south as Wol cott , where they expect to ship the sheep by rail to eastern markets. The cattlemen oppose this drlvo , saying It Is only a ruse to get the sheep Into Routt county for graz ing purposes. Last week the cattlemen , 330 In number , met at Steamboat Springs and unanimously resolved to keep the sheopmen out , if necessary by force. A report reached hero today to the effect that a conflict has taken place between cat tlemen and sheepmen In Routt county , a few miles west of Steamboat Springs , In which two cattlemen were killed and six wounded Fifty-four thousand sheep are accompanied by nineteen wagons , each carrying from four to six men , are being driven through the country to Wolcott. DENVER. May 27. J. C. Edwards the owner of 40,000 sheep in Routt county , ap pealed to Governor Mclntyre today for pro tection for his property , which the cattlemen promise to slaughter , and'the question bring" before the chief executive a difficult sub ject.Mr. Mr. Edwards says he has tried to settle the controversy amicably. He Is an old resi dent of Colorado anil a heavy taxpayer and claims the right to drive his property wher ever necessary He wants to drive his flocks through the lower part of Routt county until a shipping point on the Rio Grande railroad can be reached and has promised the cattlemen that no damage shall be done to the range or ranch property. Ho has proposed to the objectors that they shall select the trail the sheep shall take , but they have demurred and have called another meetIng - Ing to assemble at McCoy's , Garflcid county , this week to organize for resistance. Ed wards .asks the governor to attend this meeting and argue for moderation and recog nition of the rights of the sheep grower. What stand Governor Mclntyre will take is a question which U causing some specula tion at the capital. It Is regarded ac a foregone conclusion that the local authori ties of the counties affected will bo unable tc stay the hands of the cattlemen when they start to Keep out the Intruders , and II military aid Is not Invoked Edwards will have a cause of legal action for damage against the state. Korrntrvn 1'Hfirnger Cnnittirtori Fired , COLUMBUS , O. , May 27. Seventeen pas senger conductors on the Baltimore < t Ohlc lines west of the Ohio river were discharged Three are Columbus men. The other rut Into Chicago , Sandu ky and Wheeling. Tb < men hero boarded at hotels. Spotters en said to have been working on the road re cently. YESTERDAY'S CJALE IN OMAHA Uliconifart * In the Street ! Forgotten In Thought * of the Field * Outilde. Yesterday's gale In Omaha from the south recalled the hot south wind that pre vailed for four daB last July. It was by no means BO hot a wind , but it kept the streets full of dust , that found Its way under window sills and doors Into houses , nnd trees and grass seemed to suffer , for they drooped Discomforts In the city , however , were held at naught , provided the blow was not worse and doing damage to crops out In the state. Telegrams at the headquarters showed that It was general over the state and considerable anxiety was caused. Among those who wrro In Omaha last evening and who had been traveling through the central and eastern parts of the state In the day were Matt Daugherty of Ogal- ll.i , John Peters of Albion nnd President nrnes of the Stcatc Hoard of Agriculture t Grand Island. These men were careful o observe the effect the wind was causing nil they say that , so far as their obsorva- lon went , it Is not > ct serious and by no ncans alarming. Mr. Daugherty says that n the west of Kearney rain Is badly needed , nd the wind , It It continues , may cause much damage. All day that In the central .nd eastern portions of Nebraska crops are o vigorous and so well rooted that no ap- irchcnslon need be felt even If the wind ontlnues for a day. Corn In these sections , t Is admitted , will bo safe even two weeks ilthout rain , but the recent frosts have Ipped oats nnd wheat , and for these rain < generally needed. For some time In the city yesterday the rind came at the rate of thlrti-slx miles > er hour. With Its burden of dust it was .voided by all whoso business and errands Id not compel them to bo on the streets. ; OItN CAN HI1 AM ) THIS IliAT Vnrm Hind In Nome Sections Not nt All Alnriiilnir. ASHLAND , Neb , May 27. ( Special Tele- ; ram ) A strong wind raised with the sun icro today from the south , and at 9 n. m iccame very strong and hot at Intervals , ontlnulng all day. The dust was so terrible hat at times one could hardly sco a block way. Trees and limbs were blown down by ho strong gusts of wind. Farmers from ver the country today report small grain to 30 badly In need of rain , and should the \lrnl continue a day or two longer wllhout aln the crops of oats and wheat will be materially diminished. As to corn , it can itand considerable yet , but Is In need of a leaking rain. Should one como within two \eeka it will meet all the needs of a good crop so far. STROMSBURG , Neb. , May 27. ( Special Telegram. ) A terrific wind has been blow- ng from the southwest slnco early , this norning. The air is literally filled with sand and dust. Small grain Is In a pre carious condition. NELSON , Neb. , May 27 ( Special Tcle- ; ram ) A very heavy wind and dust storm las prevailed from the south for the past - tity-four hours. Old settlers say It has ) cen TKI ? ot t'10 ' worst storms ever known lero at'tliTsilnie of the jear. There has been no rain to8fS k ot th'3 ' month , Un- ess rain comes wlthiV J "jvv dajs small ; ratn will bo greatly InjurPnv BEAVER CITY , Neb. , May fiT -CSpcclal Telegram. ) Hot winds have blown frim.4t southwest all day and small grain has suffered. OAKLAND , Neb. , May 27. ( Special ) Jp to date crops look well , though rain Is jadly iiccded. HASTINGS , May 27. ( Special Telegram ) A heavy , dry , hot wind has been blowing lore all day. U carried with It a perfect cloud of dust and sand. NEBRASKA CITY. May 27 ( Special Tele- ram ) A heavy , hot wind , partaking at times almost the nature ot a hurricane , prevailed vailed hero all day. The air was filled with dust and Rand and crops and fruit ! iave suffered some. A good rain will cas- ly sa\o crops. DAVID CITY. Neb , May 27. ( Special ) A wind and dust storm struck the town this norning , branches were broUcn from trees and the streets arc filled with dust that the city sprinklers cannot control , while lu the country the dust from the fields makes larmlnc operation impossible. VERDON , Neb. , May 27 ( Special ) A gale 19 blowing from the south today , filling the air with a cloud of dust , and the hot air is scorching everything. An alarm of flrd was given this morning , but proved to be only an outbuilding belonging to the butcher shop , and was soon extinguished WATERLOO. Neb. , May 27 ( Special ) A lieavy wind and dust storm visited this place this morning , blowing down several large trees. In splto of the very unfavorable weather we have been getting for the past two weeks , our crops look fine and the outlook at pres ent for the coming season is very bright , the late frosts doing little or no damage Po tatoes fared the worst , but outside of putting them back a week or two they are none the worse for the nipping. PALLS CITY , Neb. , 27. ( Special , ) A hot wind from the south commenced blowing at the rate of sixty miles an hour this morn ing and continued up to noon. This com munity has had no rain for the last three weeks , and should the present hot wind con tinue many days without rain , crops will be a failure in this county. BEATRICE. May 27. ( Special Telegram. ) A heavy wind from the south has prevailed here throughout the day. A number of shade trees were blown down about this city. The wind has resulted quite seriously to small grain LINCOLN , May 27. ( Special Telegram. ) A terrible wind storm has prevailed all day and Ulils fair to continue at least till morn ing Large limbs were stripped from trees In the capltol grounds. Quito a large tree vva. blown down tonight on M i-trect , near the LIndcll hotel The wind Is In the noturo of a simoon WYMORE , Neb. , May 27. ( Special Tele gram ) Business has been practically sus pended today on account of the tcrrlillc wind and dust storm which has prevailed all day It vvas a hazardous undertaking for pedes trians to appear on the streets Treca were blown down and other damage done HEBRON , Neb. , May 27 ( Special Tele gram ) A terrific wind and dust storm blow ing from the south at a velocity ot forty-five miles per hour has prevailed all day , and It apreirs to he Increasing Small buildings have been damaged. The wind has whipped corn and other grain considerably , and some fields have been damaged. Dmiutgn In IIHTII. MALVERN , la. , May 27. ( Special Tele , gram. ) Clouds of dust and a dry , hot wliu from the south all day made life a hinder here. A largo quantity of fruit was blowr from the trees Rain Is badly needed. SIOUX CITY. May -Special ( Telegram ; Between 10 and 12 o'clock today the ther mometer rose from 02 to 9S degrees A hoi wind is blowing at the rate of forty-five miles an hour. ( hlrf llyrne * llellrpil. NEW YORK , May 27. Pcllce Superln tendcnt Byrnes has made application to tin Hoard of Police Commissioners for retire ment. The board granted the request. In executive session'of the boird Conv mlssloncr Parker eild that he had pokcn U Chief Byrnes and that the chief had salt that If In the opinion of the board the de partment could bo better served by hl re tlrcmcnt than by hU continuance In offlci be would feel It his duty not to embarraisi the board by continuing hit presence , bu would hand In his application for retire jncnt , "Mr. Ilyrnei , " continued Mr. Parker , "hai stated that to tne not only on one occaslor but several times , and In conformity wltt that statement and with the tplrlt thct np plication for retirement by the board hm been submitted. " The application was placed before tin board for action and It was uuanlniousl ; accepted. Inspector Peter Conlln has been mudc act Ing chief of police. Captain * M. W. Co ' lght. Brooks and McCullagh were oppolntc inspector ! , STAKES SET AT A MILLION Presbyterian Assembly Will Outdo Itself in Its Anniversary Year. PLANS FOR RAISING IT ALREADY FORMED Twenty-rive Men Appointed to Title * Chnrco of tlio llomilon lrumt Itccep- tlon ot L'ulyKnmotit Convarti lu liulln the Cuuie of it Inuglo. PITTSBURG , May 27. During the devo tional services before the opening ot the Presbjtcrlan general assembly on the last day of Its session It was stated that the meetings had been to the spiritual ad vantage of the city. The early hours of the session were devoted to miscellaneous busi ness of minor Importance to clear up tbo docket previous to adjourning. The most important matter was the an nouncement ot the names of those selected for the committee ot twcnty-fivo charged with the raising of the $1,000,000 anni versary reunion fund as follows : Ministers W. L McEwan , Plttsburg ; John Hall , New York ; Samuel N. Nichols , St. Louis , William A. Page , Lcavenworth ; William II. Hubbard , Auburn ; M. D. Babcock - cock , Baltimore ; Howard Dufficld , New York ; George D. Baker , Philadelphia ; Simon B. McPherson , Chicago ; John N. Freeman , Denver ; Thomas L Sexton , D D. , synodlcal missionary of Nebraska ; John Hemphlll , San Fianclsco ; Wallace Radcll'ffo , Washing ton ; W. S. Hubbcll , Buffalo ; William H. Roberts , Philadelphia ( treasurer. ) Elders James A. Beaver , Pennsylvania ; Charles E. Green of New Jersey ; J. W. Converse , Philadelphia ; II. B Sllllmnn , Cohocs , N. Y ; John Sloan , Now York City ; William Ernest , CovliiKton , Ky. ; E. R. Perkins. Cleveland , Robert Pltcalrn. Pitts- burg , William B. Ladd , Portland , Ore. , and H N Hubbcll , Minneapolis. The members of the-commlttce present in Pittsburg Immediately retired to hold a pre- lln Inary meeting and to formulate plans for the prosecution of their work. The most glorious parliamentary tangle of the whole scries of sessions of the assembly came In connection with a report of thecommittee , on church polity on the reception of polygamous converts In India. The committee recom mended an answer to the overture of the sjnod of India , which amounted to "no action. " Vigorous resistance was offered by Rev. Robert Morrison of the presbytery ot Lodlana , India , and the sympathy which ho aroused started a stream of motions , amend ments , points ot order and questions for In formation , In which the moderator almost lost his feet. The only escape from the dlfllculty was Unoush one more motion to lay all previous motions on the table and to start anew. As a final resort after another tangle of a similar tort the matter was referred back to the committee for further report. The question was one of local ecclesiastical policy. The order of the day was then taken up , being reports on EJ nodical minutes. The house immediately began to thin out , and and conversation reigned It vvaa to hear the stereotyped icply that "tho c3TSi'glUue on the minutes report that they arc iiT n-S--Wd recom mend their approval. " ADDED TO THE COMMITTEE. At the afternoon session the number of the committee * on the million-dollar fund waa increased to thirty , and the following names were added to those previously announced : Ministers Hliam C HayJen. Cleveland ; Wil son C Sexton. Detroit ; William McKlbben , Cnclnnatl. Elders George D. Dayton ot Minnesota and W. Coulter of Cedar Rapids. The atcembly Joined In the request of the committee that Dr Arthur J Blown , tlio newly elected ecretary of the Board of For- 'Ign Missions , be assigned in the work ot ho committee for a term of six months , It iuch assignment be agreeiblo to him A telegram woa read stating that the churches of Missouri would pledge them- selvca for $5,000 toward the expenses of the leu home missionaries. At the request of the United Presbyterian synod , a committee consisting of Dr How ard DuIIleld of New York , Dr E R. Craven and Elder George Junkln of Philadelphia appointed to assist In the preparation of a new edition of the psalms by compilation and otherwise. The committee on mileage * reported the receipts for the present meeting ; of the assembly amounted to $59,673 , expenses were $48,870 , leaving a surplus of $10,803. i'ho assessment on the churched for the next jcar was fixed nt 7 cents per member. The remainder of the morning session wa * devoted to minor matters of routine business , ncldent to the closing hours of the assembly , which were railroaded through by the stated clerk In a mor > t expeditious manner. Tlio committee on the next phce of meetIng - Ing reported Invitations hud been received 'rom the First church of Seattle , Waih. , from , Lho citl/ens ot Dallas , Tex. , and from the 1'Irst church of Saratoga. It was recom mended that Saratoga bo selected and the ipcnmmemlatlon was adopted. The final exercises consisted In the usual votes of thanks to alii these who had ex tended courtesies to the assembly. Con gratulatory addresses were made by Dr. Wil liam L itlcEwan , chairman of the entertain ment committee , and Dr. Robert R. Booth , the moderator In the coureo of his remarks Dr Booth said the asicmbly had shown won derful self-restraint , and that It had placed the church upon ground whore It would con tinue to abide. After prayer by General Heaver and the benediction the assembly ad- Journel , being dissolved by the announce ment of the moderator at 4 ' ! 0 , UNITF.O ruis.Yri.iiA : ( > ASSKAIHIVK Conviction nf Dr. Illulr for I Iqunr hclllllff SuMntilcil by it Inrin > fit * * . PITTSBURO , May 27 The first business ot the United Presbyteilan general am mbly thU morning was to take a vote on the appeal ot Dr. W. H. Blair from the first synod of ) the west of n conviction of selling liquor to In temperate men and young men. The vote resulted In the overwhelming defeat ot the appeal and th'1 decision of the synod now stands. The other appeals were heard and dUposcd of. They wcie thoseof J. R : Wal lace and J. G. Stewart of Monmouth , 111. , convicted of teaching at variance with the church Stewart Is a faith curlst. Both appeals were defeated. The report of the committee on frccdmen'a missions showed the receipts to bo 57",980 and expenditures $7SC38 , leaving a balance ot $312. The committee on Sunday schools re ported enrollments during the vear of 103,346 , which lucks only 2,507 of the total church membership , The contributions were ? 80.017. The committee on narrative and state of re ligion made a favorable report and a thanks giving proclamation waa adopted to bo read by pastors when they read the picstdcnt's proclamation. It Introduces the name of Christ The committee on young people's work pro- rented a report showing an Increase In con tributions. The Junior work has been especially successful during the year , Thera are 211 societies and 7,612 members. 1'unernl htrvlir for MnCiillooh , WASHINGTON , May 27. Funeral serv ices iiv r the mpit | | ot ex-Secretary Hugh McCulloch ot the Treasury department were held at Rock Creek church this morning by IUy. Dr. Buck ot tlio Rock Creek church. Rev , Alexander McKay Smith and Rev. Dr. Aiplnwall. The ceremony wan very simple , being only that of the Episcopal church. The lot In which the ex-secretary reita la vciy near thai of Secretary Wlndom. Th 'ill icircrs were old servants ot the family. The Treasury department was represented by AtsUUnt Secretary Hamlln , Treasurer Mcrcan and Comptroller EckcU ' and AH- sr'nnt ' Tnasurcr Jordan , who 'cnrno from New York.