THE OMAHA DAILY 3E3S ; S&NDAT , JUNE 0 , 1895. i TARIFF LAW MADE CLEAR Opinion Handed Down in the ilardwiok Case Made Fublio. WRITTEN BY CHIEF JUSTICE FULLER BIcKlnlny Illll Wn Clearly ( Iterative Up to the Tlnio the \\IUmi Mennuro Attunlly llccnino of 1'ull I'urcc Hinl Kttcct. WASHINGTON , Juno 8. Chief Justice Ful ler's opinion In the Durr anil Hardvvlck case , Involving the ( Itto which the present tarltj law went Into effect , which was announced on Monday last , but not read , was made pub lic today. Discussing the contention that the law should have taken effect on the 1st ' Instead of August 23 , 1891 , the chief Justice cays : "Upon the threshold we are met with the fact that the act of 1890 was not repealed In terms until August 28 , 1894 , and that the re pealing section of the latter act kept In force every right and the ability of the gov ernment or of every person which has been Incurred or accrued prior to the passage thereof and thereby e\ery right or liability cxccptcd out of the effects ought to bo ghcn to the first section. The right of the govern ment to duties under the tariff law which ex isted between August 1 arid August 2S v\as a right accruing prior to the passage of the net of 1894 , and the obligation of the Im porters between August 1 and August 2S to pay the duties on other goods under the ex Istlng tariff law was n liability under that law arising prior to thu passage of the law of 1894 ; and If congress Intended that sec tion A should relate back to August 1 , still the Intention Is qulto as apparent that the act of 1890 should remain In full force and effect until the passage of the new act on August 28 and that all acts , rights accrued and liabilities Incurred under the farller act prior to the repeal should bo saved from the effect thereof , as to all parties Interested , the United States Included. A higher rate was imposed on many articles by the act of 1894 than by the prior act and a lower rate on others , while some that were free were made dutiable , as for Instance the article of sugar Must duties paid between August 1 and Au gust 28 bo refunded where the rate was low ered and assessed where the rate was raised or a duty Imposed where none existed ? Clearly not. " Summing up , the chief justice says : "As the act of 1890 was not repealed by the act of 1894 until the latter act became a law when Inconsistent laws were declared thereby repsaled , wo think It cannot be doubted thai congress Intended the rates of duty pro scribed by the act of 1891 to be levied on the 1st day of August If the bill should then be a law , and If not then as soon after thai date as It should become a law. On the Isl day of August the duties prescribed by the first section of the act of 1894 could not be lawfully levied , and EO far as the Importa tions In this case are concerned and others similarly situated , the law required exaction of the duties prescribed by the act of 1890 As to such Importations , the first tectlon ol the act of 1894 could not be literally carried out unless by holding It to operate as a retro active repeal , notwithstanding the saving clause , and this wo consider altogether In- dlspenslblc. The language of section 1 vva < 'that on and after August 1 there bo levied , and of the second section 'that on and aftci August 1 certain enumerated articles shal be exempt from duty. ' In our Judgment tin word 'shall' spoke for the future , and wai not Intended to apply to transactions com pletcd when the act became a law. " UOOK L.KWI : or i-\\v IJUI-AKTMIIM Olney I Itilnlirn tip 111 * I.uliors There nni Illil * Cloudily tn the IlinployrH. WASHINGTON , Juno 8. Attorney Gen eral Olney was busy all day arranging lili private papers and preparing for his transfer for to the State department. There was ni fonnal leavetaklng , although most of tin subordinates called at the department dur Ing the day to tender their regrets and vvlsl him success at the head of the diplomat ! ' branch of the government His duties a attorney general ceased tonight. His las official action In the old olllce was to slgi the commissions of Benjamin A. Bergen t San Francisco , appointed special assistant o the district attorney for northern California to take charge of the litigation In the red wood timber land entries , and Chaunce ; Wood of Uapld City , S D. , as assistant t the district attorney of that state In tlmbe cases. Mr. Olney will bo sworn In as secre tnry of state at the State department Mon day imarnlng , probably by Chief Justlc Fuller. Nu n for the AriuT. WASHINGTON , June 8. ( Special Tele gram. ) Captain Marlon I" . Maus Is trans ferred from company I to company D , Cap tain James S. Pettlt from company D t company I , Flnst Infantry. Captain Henry B. Moon , recently prc meted from first lieutenant , vice McCoskej promoted , Is assigned to company B , TV , en tleth Infantry. First Lieutenant Edward R. Chrlsman , re cently promoted from second lieutenant , vie Moon , promoted , Is assigned to company 1 Twentieth Infantry. Leave of absence I granted Major Charles Hobart. Fifteent Infantry , one month ; Captain Charles A. I Hatflcld , Fourth cavalry , ono month an fifteen days , and First Llcutcna"nT Horatl G. Slckel , adjutant , Seventh cavalry , flftee days. Ilnmli Military Method * In Cubit. WASHINGTON , June 8. Copies of proclamation by the governor of Baracoi Cuba , that have been received here are beln referred to by Cuban sympathizers as a evidence of the harsh military methods thi the authorities have felt called upon to bea Uaracoa Is one of the principal places of tti Island. The proclamation Is dated May 1 and signed by Thomas Botgar , as colon commanding the military of that Jurlsdlctloi It notified the public that hereafter a persons are prohibited from entering or leai ing the town after 6 o'clock at night an before 6 In the morning. Any one offendln against the prohibition Is to be arrested an brought before the commander. lliupinun XVIII inkn an Appeal. WASHINGTON , Juno 8. Judge Shelli barger , attorney for Mr. Chapman , the reca cltrant witness tn the sugar Investigate ccmmltteo , said It was his Intention to appei from the decision of the court of appeals < the District of Columbia denIng a writ i prohibition asked for In Chapimn's behalf , I the supreme court of the United States , bi this could not be done until the court shoii reconvene next October. He stated that tl principal reason for this course was to exhau all resources so as to be In a position to us v the supreme court for a writ of habeas corpi In case of conviction at the final trial. Blrxloun * Helrmu nil .VmiTlrnn 1'rlinne WASHINGTON' , Juno 8. The Departmei of State Is In receipt of a dispatch dated M : 22. from Frank W. Roberts. United Stati consul at Nogales , Mex. , saying that Fri Ilecknlth , an American citizen , who was In prisoned at Arlspe , Mex. , laet January ar was being held for trial , had bwn released. lrt Out One Hundred ClerUs. WASHINGTON , June 8. Among the K clerks discharged from the pension bures today In a reduction of the force was a gram daughter of Frances Scott Key , the auth of "The Star Spangled Banner. " From h salary she supported her mother , who Is i jcars old and blind. KxntiilnliiR Minena Appointed. WASHINGTON , June 8. ( Special Tel gram. ) Dr. II. J. Wood was today appoint an examining surgeon for the pension b reau at Chamberlain and Dr. 1) . W. Eva : at Flandreau , 8. D. Kill rrcirK' * I'nitiiiKitor. WASHINGTON , June 8. ( Special Tel gram. ) Alexander Dunbar was today coi missioned postmaster at Elk Creek. 01 Uertha 8. Wheelock lit Kimpeak * , S. D. CAbTl.R IH TO 8VCOKKO TllVKSIOb friend * of tha Ivtte .Minister Indignant at III * lletrnynl. SAN rilANCISCO , June 8. The steamer Monowal arrived this afternoon , bringing the following advices from Honolulu , dated June 1 : William H. Castle has been appointed Ha waiian minister at Washington In place of L. A. Thurston. He will not leave for his place until August 1. Mr. Castle was one of the commissioners fent to Washington to arrange for annexation as coon as the monarchy was overthrown. The following dispatch was sent from Honolulu under date of May 2 : "The friends of Thflraton are Indignant be cause they say he has been betrayed by an agent of the United press In Washington. Ho permitted that agent to rcaJ private corre spondence from Honolulu for the purpose of making himself familiar with the situation lieie. niul Instructed him to publish nothing which reflected upon the government , as It might reflect upon hla official position. ThiiMton's friends say the agent did not pub lish anything taken from the correspondence reflecting upon Cleveland , but he went di rectly to Greslmm and Informed him that he had read at the Hawaiian legitlon letters rent to Thurston , and furnished Grcsham with the ubstance of them. " Mr Thurtton was seen In regard to the regolng and admitted that It was substan- ally correct He declined to go Into details , lying he had made a report to his govern- cnt , which would be given to the press In short time. This report would cover every- ilng relating to his recall. The following Is the text of Minister Hatch's tier to Minister Willis In answer to Secrc- ; ry Gresham's letter HATCH'S IIUI'LY TO WILLIS. "DEPARTMENT OF FOREIGN AFFAIRS , ONOLULU , May 3 , 1893. Referring to our itervlew of thf > 30tn ultimo In which you itlmatcd that the president of the United tatcvs would bo pleased If the Hawaiian mln- tcr at Washington should bo recalled , for ersonal reasons , and upon which occasion ou road to me a dispatch fr-m the sec etary f state to jourself date ! February 27 , but Men had been sent to Japan by mistake , I ave the honor to In'orm vou that Mr Thurs- on In now In Hawaii and will not return to ho post of Hawaiian mlnl'ter at Washington "I regret extremely that the presence In Vashlngton of the late minister Is not greeable and that the matters referred to iy the secretary of state should have been onsldercd of such gravity as to call for the .ction taken. " Attorney Smith stated In relation to Sec- etary Grcsham's letter to Mr. Willis of May 7 , regarding the deportation of J. Cranston. lat the statement In the letter that the nly explanation made of the reason for de- tlng Mr. Cranston was that It was "In he exercise of the arbitrary authority con- erred by martial law , " Is not correct. For , n addition to that reply to Mr. Willis , and In urther reply to his Inquiry as to the reason f the course pursued , he stated to Mr iVlllls that Mr. Cranston had been arrested nd charged with conspiracy to overthrow ho government ; that Cranston , with others , ad b ° en encaged In a plot to use dynamite ; hat , though no charge had been made In : ourt , the charge of conspiracy had been nade and entered In the police- records at ho time of the arrest. Summary proceed- ngs under the circumstances were deemed ustl"3ble. Henry L. Verllye , the French commls- loner at this place , died suddenly on th- (1 ( Inst. The American League was addressed on the : tth Inst by MlnlttT Thurston and Attorney latch , Attorney General Smith and W N \rmstrong , who all spoke strongly In favor f annexation Thurston closed his remarks iy stating : "To summarize , I am an an- icxattonlst , because I believe that greater irogress can bo achieved under this than nder any other system of government. The 'eople ' of Hawaii w 11 secure peace , the cs- abllshment of western civilization and ma- erlal prosperity. " OASTLU'S AITOINTUBN t A UKVItlSl itato lcpirtm"tlt Olltclal * Kxpcctrd Hunt- Incn Mould < > et ll' Place. WASHINGTON , June 8. The deslgnatloi f William R. Castle by the Hawaiian govern ment to succeed L A Thurston as mlnlste o the United States came as a surprise. I ad been rather generally presumed In Wash ngton that Mr. Frank I' . Hastings , who cimi o Washington as secretary of legation am as acted as charge d'affaires since the returi f Minister Thurston , would be promoted ti he pobltlon Mr Hastings Is adapted for th ' .Iplomatlo . career by h's training , which begai , s an attache of the Un ted Stites State depart ment In Washington , and he Is an Americai by sympathy and education. Ho It , however comparatively young man. There has beoi iuggcstlons advanced that the Hawaiian mln stcr cf foreign affairs would be sent hero t represent the young republic. The appoint ment of so Important a personage Is posslbl on account of the desire to klnJle the sentl ment. In favor of annexation , which the Ha wallan minister Is doubtless charged to en "orce , and which makes the , po ltlon ono c lie greatest Importance to the Hawaiian gov ernrnent. But for the particular Interest which th lawatlan people feel In maintaining the moa friendly feelings toward the United States I is not unlikely that the legation would hav been left for a longer time officered by charge , that being the usual method of allow ng an International unpleasantness to he : when a government does not wish to adml hat Its representative , who has been declare persona non grata , le at fault. Mr. Castle Is well remembered here as on of the commissioners who started for Wash Ington as soon as the monarchy had bee overthrown In the fruitless attempt to sccur annexation. He has a wide acquaintance I congressional circles , made on that visit. H Is a native of the Islands , born of mlsslonar stock. He is a lawyer by profession an ! largo owner of real estate. Besides that h Is ono of the principal owners of the Oah railway , which runs from Honolulu to Peai harbor , the naval station granted to th United State * by Kalakua , WILL. ASIUND HUH CONSTITUTION Mexico CoinUltrlne Important Tariff uu Coinage Kefornii. WASHINGTON. June 8. Advices froi Mexico state that the Mexican congress , to lowing the suggestion of President Diaz I his last annual message , has been consldei ing Important changes In the federal const tution with a view to make It somewhi similar to that of the United Staes In tii limitation of rights of separate states I coin money or to hinder commerce by tarl laws which discriminate against gooi bi ought from adjoining states lu .Mexlc Heretofore the federal government has m had the exclusive right to collect tariff tax < or International revenue As a result bet the federal government and the states ha\ their separate laws on the same subjec Jealousy between states has led some i them to enact tariff laws dlicrlmlnatln against neighboring states. President Diaz spoke strongly for a refori and comprehensive revisions of the const tution have been presented accordingly. Tl first articles of the constitution are change so as to Include a prohibition against tl coinage of money or the Issuance of pap < bills or stamps by state. Tariff dlscrlmlm tlons between the states are prohibited t several strong provisions. Article 124 of tl constitution Is changed to as to give tl federal government the exclusive right hinder or prohibit the transportation < goods , foreign or domestic , brought In Mexico or Into a stato. By a supplemental section the law Is mai to take effect cnejear irom July 1 ne.x \\licther the law embodying changes hi passed Its final stages Is not clear from tl Information received here , although the lei Ulatlon appears to be complete. A'ritiicriuiinti fir the lloir-llarver Orbni CHICAGO , June 8. Lyman G. Gage , re eree for Roswell G , Herr , ami Howard Taj lor , referee for Mr. W. II , Harvey , ha' practically agreed upon the essential points the plans for the silver discussion to he ho by those gentlemen , and the papers we mailed today to Mr , Herr at New York f his signature. The time Is not definite fixed , but the contest will begin about Ju 10. The plan provides for discussing a cha ter of "Coin's Financial School" at eai session , said cession being three hours length and to continue dally unless otherwl agreed. There Is nothing of the old-fas toned debate In the plan. There will be : speeches , but the contestants will face ea < other sitting , and when one affirms a propoi tlon the other will cross-examine by quc ttons , all to be taken down by a stenogr pher and published dally in the papers ai afterward put In book form for general dl trlbutloa at cost. CHARGES OF ISCWIPETENCY Story Told bj Ono of tbo Survivors of the 111-Fated Ship. COLIMA PASSENGERS KEPT PENNED UP Wreck at the Steamer Might II tvo lie- suited I.CM DlniftlrouMy to Life Ilnd Her I ) Illccr * llrcii More Capable. SAN FRANCISCO , Juno 8. Gus Rowan , one of the survivors of the Collma , has sent a communication to the Call , In which ho says : "I want to make a statement now If you will allow mo to do so. You can find out what I tay Is true If you will see the other men picked up. Some of them will not dare to tell the truth , as they have been promised money to keep still. "Tho Collma was lost because she was badly handled by officers without capacity and bad men when the gale struck us. When I saw that the ship was going to sink I went afttr the life preservers and commenced to glvo them out to the passengers. The steward told me to let them alone and or dered mo forward. I was saved bccaueo 1 got a life preserver , and If the others had been allowed to get them , too , many would have bieti saved with me. "Tho passengers were kept penned up un til the last moment and then made to gc down In the ocean like a pack of dogs. II some of the passengers had killed the stew ard , who Kept them from getting safety , It would have been a mercy to the others In spite of what ho told me I kept on glvinp out life preservers , and by this saved some ol the people from death. " Rowan , who was badly Injured In the wreck also , says that he did not receive proper care on the San Juun and charges the surgejn of that ship witn gross negli gence. As a result of testimony given at the fed eral Inquiry Into the cause of the Collmc disaster a number of suits for damages wll bo brought against the Pacific Mall company It Is alleged that the company was crimlnallj negligent In the manner in which It loadec the ship. SUITS FOR DAMAGES. The Chronicle this morning says : "Amon ; those who will make the Pacific Mall de fend Itself against a Judgment for damage ! Is L. R. Brewer , the wealthy planter , whos < wife and three children went down on tin Collma. His home Is destroyed , his happl ness gone , and he Is Inspired by a bltternesi which words can hardly express. He knowi much of the methods of the Pacific Mai company and told the story of how thi Colon , only a few months ago , narrow ! ; escaped disaster because her decks were piled with lumber until she became top heavy. Even a slight swell threw her froii her position. Brewer was a passenger 01 the Colon and gives with great clearncsi his description of the Inconvenience am danger created by the overloading of tin decks. Ho Is not alone In his charge , ever ; accusation being corroborated by anothe : who was a passenger on the same ship. The representatives of the Pacific Mai know that an attempt will be made to holi them responsible for the wreck of the Co lima. They acted upon that knowleJgo whei the United States Inspectors of boilers am steamships began and practically flnlshei their Investigation of the disaster. Not on < of the surviving passengers was called on a a witness In that Inquiry. The only evldenc asked and the only testimony received wa : from employes of the Pacific Mall company The fate of an estate valued at $100,000 1 ; likely to rest on whether Prof. Harold Whit Ing of the University of California , who wa lost on the Collma , died before or after hi wife , who was drowned on the same voyage Just before Prof. Whiting started on hi fatal voyage ho made two wills , which h mailed to an old college friend who is nov an attorney at Cambridge , Mass. One wa to the effect that If he should be drownei his estate should go to the surviving mem bers of his family. The other was that ii case he and his \\lfe and all the chlldrei were drowned the estate should revert to th members of his family living In the cast It Prof. Whiting died first his wife an children immediately became his heirs , bu If Mrs. Whiting died later her heirs v > oul Inherit a small fortune to the exclusion c the heirs of Prof. Whiting In the east. Two persons who said they were representn lives of attorneys have called on A. J Sutherland and asked htm some slgntflcan questions. Sutherland was on the same ral with Whiting and tried to save the prc tcpBor'K life. Sutherland was asked whethe Whiting or his wlfo died first. While th cool-headed survivor believes that Mrs. Whll 'ng ' met her death some tlmo before her bus band sank Into a watery grave , he could no positively answer the question , as he dl not see Mrs. Whiting during the storm. fl irit DKMl'tiKV A QltK.lT 1SBXKF1 New Yorkers Receive a Hie Hill In Returi for ifKlntnnco l'ri > rf > red the Nnnpircll , NEW YORK , June 8 The big amphltlu ater In the Madison Square Garden built Ing was thronged tonight by thousands c well withers and admirers of the ex-nonpa rell , Jack Dempsey. Among the spectatoi were some of the most noted sporting me In the United States , while among the pug lists who took part In the evening's entei talnmcnt were Jim Corbett , Bob Fltzslir njcns , J. Ij Sullivan , Peter Mahcr , Oeorfi Dixon , Joe Choyn kl , Joe O'DonnelU Tomm R > nn , Joe Lannon , Jimmy Hurry , Jh Handley , Mick Dunn , Jiick McAullfte , Kl LaVlgne and YoungCorbett. . Charley nil Jerry Burnett of New York gave a bparrin exhibition of three * rounds. "Jnrrow , " the German strong boy , wh Is only IS years old , and weighs 130 pound performed some startling feats of strengtl After Juggling with a barrel of wat < weighing 125 pounds , he lifted a man welgl Ing 250 pounds , seated on a chair , and the tore two packs of cards In half. George Dlxon of Boston and Jack Lync of Philadelphia next came Into the ring an the colored boxer made It very interestln for the Quaker during1 u three-round exh bttlon. Joe Choonfikt of San Francisco an Bob Armstrong , colored , of Washtngto ; next donned the gloves for a threo-rour exhibition. Jim Hall and Mick Dunn , bet of Australia , then sparred for three roum In a lively manner. Harry Pldgeon of Ch cage and Kid McCoy of Boston followed I a three-round exhibition of boxing. I'eti Mahcr , the Irish champion , and Burns < Harlem , boxed three rounds at a rapid rat Johnny Young of Brooklyn and Jack Kce ; of Denver , Cole , wire the next pair to e : hlblt their Fparrlnif abilities and they we : followed by August W Johnson of Brool lyn and Hlalmer Lundln of Chicago The' two are well known "strong men , " nnd the tovrd with htipe dumbbells nnd heavj ba rtis for ten minutes James J Corbett then made his appca nnco and was greeted with thunders of n plause. Ho sparred three rounds with Jol McVey of Philadelphia HIn every mov ment was watched with thu keenest lute est by the pports , as he has begun tnilnlt at Afbury Park. N J . for his comlr fight with Bob Fltz Immons. ritz was the next one to appear In tl ring and his reception was Just as hear as that trtven to Corbett Fltzslmmo pparied throe rouniln with Frank Boswor and he left no doubt In the minds thopo who caw his quick work In the rlt tonight that he had not gone back nny ai will render a good account of himself win he mrets the pi , The lust bout of th evening was betwei John I * Sullivan nnd Jack Demp ey. Whi the ex-champion appeared In the ring tl crowd cheered for lev ral minutes and th' were cries of "Speech , speech. " John mai a short speech , In which ho thanked tl audience for the reception and said he wi glad to favor his old friend , Dempsey. I was Ferry tha house was not twice tl f\ze. \ so that a greater number could ha' come to swell the fund for Dempsey Co eluding , he yald : "Mr. Dempsey and mys < will now give an exhibition , nnd we will i the best we can , although we are two 'h beens. ' " Den Ii of the Oldest Locomotive Fnijlnpe CHARLESTON , V Va. , June 8. Re Ralph Sntnburn , the Oldest railroad engine In the world , died last night , aged 90 yeai ' ' He was associated with Stephenson on t first locomotive engine built. He was bo * at Newcattle-on-Tyne , England , and car ° to the United States In 1830. , ' Urou licit In the Nlshna. HARLAN , la. , June 8. ( Special Telegran The 15-year-old son of J. H. Edwards this city was drowned while bathing In t river. xitt vnvs.iUK .ifM/Aaruv/ic VVoiiiiiu'i Ilcucue I.raatio llnlms It Leads Olrln Into Imninntlll ? , BOSTON , June 8. The WOrYion's Rescue league has adopted a resolutlonjot timely In terest declaring that the bicycle woman and the coming "mannish woman" are productive of "much harm and no real ig&tid to the In dustrial and self-supporting women , who cre ate SO per cent ol all the wealth In all the light manufacturing Industrlps nf the country. These women are entitled to political recogni tion by our lawmakers , bicfrnso they help create the wealth of the natldn , while the 'sporting woman , ' the 'maiuilsh woman' and the 'bicycle woman' bring disgrace on the true woman. " The league condemns btcycle riding by young girls and women for these reasons : "Thirty per cent of the 'fast girls' that have como to the Rescue league for aid were bl- cvcle riders at one time It Is resolved that ilncc the closing of the houses of 111 repute In Boston the sporting girls ore taking to bicycle riding , because they can better ply their vocation on account of the opportuni ties given as cvcllsts. " An appeal Is made to the prominent c'ergy of the United States for the suppression of blcvcle riding by young girls because of the tendency to encourage Immorality. The league further condemns the coming "man nish woman" as a "creature entirely u'eless and on unnecessary evil In this country which should not bo encouraged. " Inspector McT.iuighltn Talari n Ht-stlcsn Me lit. In the Tniiili' . NEW YORK , June 8. William McLaugh- lln , late Inspector of police and chief of the detective bureau of the metropolis , spent the night In the Tombs , a convict. The wardens and keeper ? felt keenly for the man they had known and looked up to In the days before dishonor come upon him , and they treated him with all klndn ss and courtesy possible under the circumstances He was pale and nervous , and appeared In a state of collapse He was-aselgned to a cell on the second tier in the old building. He walked up and down In his cell through the small hours , having no Inclination cither to re tire or to rest. At Intervals ho would sit for a few minutes and then start up again , but no sleep came to his relict. Today l.o declined to see reporters or to make any statement. It Is said by his friends and those who watched the course of the trhl that he will never servo a day In a penal prison. _ IACU31E TAX MUSKY FOR 3HSSWAS cvcral I'ersoni Turn VVImt the UttcMlon Saved Them to Clmrltub o l'iirpoien , NEW YORK , June 8 Rev. Dr. John Hall has contributed the $1,000 that his Income tax might have been to the fund for home missions asked for by the assembly. It Is said many persons of wealth have thought of giving an amount of money equal to that sived by the death of the tax to charitable organizations. Rev. Mr. Langord , secretary of the foreign and home missions of the Eplscopaal church , said today "We received recently a letter from an anonymous con. trlbutor enclosing a sum of money. The donor stated the money was to have been ued to pay his Income tax , but that since the law had been declared \inconslltutlonal he felt like giving the money 10 charity. Still more recently we reclved a check for $1,000 from a lady In this city who Is noted for her charity. She said that now since the In come tax had become a dt-ad letter she felt able to make th ? bequest und hastened to do so. " ' ' _ At the Sioux 1 alia University. SIOUX FALLS , S. D. . June 81 ( Special. ) The board of trustees , eleven In number , of the Sioux Falls university , met yesterday just before the graduating exercises of that school. It was decided to ado. a normal branch to thi university , and Prof. S. L Brown of this city was engaged as Funerlntendent of that department. This branch will be graded so high that a diploma of graduation from It will entitle the holder to1 a state teacher' ! certificate , the same as a diploma from a state normal school. The trustees ordered much work lit the way o remodelllng the building and announced that they were con- sldcrlng plans of enlarging the school In the way of buildings and college work. The buildings will doubtless be built next yeai , and thereafter regular collegiate degrees will b : conferred. The school Is now and has always been teaching only academic courses The now board of trustees Is composed of the following- Judge H. H. Keith of Sioux Falls , president ; M. J. Lewis of VErmllllon , treas urer ; Rev. E. B. Merldeth of Sioux Falls , sec retary ; Rev. T. M. Shanafelt of Huron , Rev , Jacob Olson of Lake Preston , George More- house of Brooking * , John Sutherland ol Pierre , R N. Van Doren of Vermllllon G A. Ullne of Dell Rapids , C. E. McKInne > and J. G. Eddy of Sioux Falls. Court Declined tn Interfere. TOPEKA , Kan. , June 8 The suprenK court refused to order Governor Morrlll t ( reinstate Senator Householder , who was SUB pendcd , pending an Investigation. This In dlcatcs that the court will decide likewise Ir the effort to restore Senator Rogers as re gent of the State university. The court also decided that the auditor o ; state need not audit Warden Chase's ac counts. This would put Chase wlthoui means to run the penitentiary were there no : receipts from the- mines and other sources. Anne indit Vllnlnt ; Company SALT LAKE , June 8. A special to thi Herald from Butte , Mont. , says : The firs step In the reorganization of the Big Ana couda Mining company was taken today Ii the filing of articles of Incorporation of thi Anaconda Copper company , with a capita stock of $30,000,000 divided Into 300,001 shares of $100 each. The object of the re organization Is to place the stock of thi company on the market. Movements or Ocmtn Steamer * Jane 8 At Now York Arrived New York , fron Southampton. At Southampton The United State cruisers Columbia and New York satlci today for the Baltic , In order to take par with the San Francisco and Marblehcad 1 : the ceremonies attending the opening of th Baltic and North sea canal. At San Francisco Arrived Monowal , fron Sydney and Honolulu. At New York Arrived La Touralne from Havre ; Phoenician , from Hamburg. Wnr on the \Milnk > Trust Ketelver , PEORIA , June 8. Flelschmann & Co. c Cincinnati have notified Receiver McNult that they will receive no more yeast trot the Rlverdale distillery after July 1 , and th receiver In turn has notified Nelson Morrl to have all his cattle cut by that time. John / < . Korepanli Deud , PHILADELPHIA , June > 8 John A. Fore paugh , owner and manager/8f Forepaugh' ' ( / theater , died at his home'Jnathls , city tbl afternoon. The decease ) ! wo well know throughout the entire country , Train Hacked Into Mtroct Car , STREATOR , 111. . Junaf S.-r-A Chicago . Alton freight train backed Intb a trolley ca on the street and killed.iTIiomas Hardei saloon keeper , and S. M > J'orter , an age farmer. , u WEAlllKlt tOKKV.lt > T , tin ihawuri , Cooler and NorttitrcatcrlyVliu for Nebrufckii. ' WASHINGTON , June 8. The forecast f ( ' * ' ' Sunday Is ; For Nebraska Showetsi ( 'cooler ; nortl v" > westerly winds. For Iowa Showers ; cooler ; northwester ! vv iiuls. For Missouri Showers ; cooler ; varlab winds. For South Dakota Fair ; warmer In th extreme western portion , For Kansas Showers ; cooler ; wester ! winds. l.oinl Hecoril * OFFICE OF THE WEATHER BUREAT OMAHA , June S Omaha record of ten pcrature and rainfall compared with tr corresponding day of the past four vuar , . Ib'jj. 1831. 1S93. 189 Maximum temperature. . . . SS 84 b6 Minimum tempe-ature CS K ) C4 Average temperature 78 72 75 1'ieclpltatton W .00 .00 . Condition of temperature and preclplti tlon at Omaha for the day and since Mure Normal temperature , . , , , , . . . . , Excess for the day , . Accumulated excess since March 1 3 Normal precipitation 19 Im Deficiency for the day 19 ln < Total precipitation since March 1. 6 21 Inch Deficiency since March 1. . . 3.68 inch ONE POINT IN CONTROVERSY Principal Question Now Whether the Short Line Has One or Two Receivers , STOREY MAKES THE CLOSING ARGUMENT Claim * the Appointment of n Sreond lle- cclrcr Would Detent the I'lnni of the Trunt Company Opin ion Lxpccted Monday. SALT LAKE , Juno 8. ( Special Telegram ) The three days arguments In the Oregon Short Line receivership case were continued before Judge Mcrrltt today and the court an nounced that a decision would be rendered Monday morning at 9 30. Those who have attended the hearing and closely watched the case were of the opinion that the court would confirm t'no appointment ot Egan and also appoint a Joint receiver. This belief was strengthened this afternoon , when Judge Mer- Itt called the counsel for both sides before itm In chambers and asked them to agree ipon some one for Joint receiver. It Is stated that the attorneys of the Union 'aclfic presented the name of W. II. Ban- roft , now superintendent ot the Mountain llvlslon of the Union Pacific. The attorneys f the American Loan and Trust company ab- iolutely refused to consider Bancroft or an > ther person the opposition ml,1it ( suggest f the court appointed a Union Pacific man r any one else , as Joint receiver , they de- lared their whole purpose In applying for a icparate receivership would be defeated , and ntlmated that , rather than submit to this , hey would withdraw their app Icatlon from ho Utah court and refuse to take that part > f the system. Notwithstanding tills threat , t Is believed the court will appoint a Joint ecelver and Mr. Bancroft will be the man. A very Interesting feature of the situation s the fact that upon admission of Utah to tatehood next winter , the now state must : ome under the Jurisdiction of either Judge Gilbert or Judge Sanborn , nnd their orders would then be extended over the Utah lines t Is believed that tlie Trust company will bo willing to submit to the Inconvenience of iperatlng the Short Line system without the Utah lines for the few months intervening rather than accept a Joint receivership for ho whole system. ONLY ONE DIFFERENCE. The case has been argued to a point where about the only difference between the con- .ending parties seems to be whether there shall be one or two receivers appointed The Union Pacific still Insists on an associated receiver , while the lean company maintains that such appointment would defeat the whole purpose of the separate receivership because of the brief time which would be given to raise the money to be paid for the road until July 1 , Mr. Storey , In continuing his argument this morning , Insisted that the American Loan and Trust company's only purpose n the litigation was to put a man In charge of the Short Line who would guard Its In terest In relation to other roads and not be on both sides of the same question. The company had only until July 1 In which to raise over $1,400,000 to meet defaulted In terest on the first mortgages. The purpose of the other side was to secure modifications of the order so the loan company would nave to go back to Judges Gilbert and San- born and cause delay , so there would be no time before July 1 to raise the money He referred to the condition of the Oregon Railway and Navigation company , which liad shown a loss of $750,000 and under a new receiver had within five months paid the Interest and cleared the Indebtedness His success was because he was In clos ? contact with the patrons of the line. As to the appointment of Mr. Egan , ho was a man against whom the Union Pacific could find no fault , and yet they ask for an associate receiver. To appoint an associate receiver It will be a separation In name and not In fact , and would be extremely unfair. It the court should find Mr. Egan unsuitable t could remove him or associate another with him. We ask you to take him on trial and we will abide by the result. At this point the hearing closed. A de cision in the case Is expected on Monday. ANNUAL AIKKTIMI OI" OMAHA ItOAI ) . Old Ito.ird of Dlrctrors Ite-Kloctcd and the l ! iml Dividend Declared. ST. PAUL , June 8 At the annual meeting of the Chicago , St. Paul , Minneapolis & Omaha railroad held today the following were re-elected directors for three years' Albert Keep , C. Vanderbllt , William K. Van- derbllt and II. McK. Twombly. The follow ing olficers vvero elected : President , M , Hughltt ; vice president , treasurer and as sistant , M. L. Sykea ; assistant treasurer , S. 0. Howe ; local treasurer at St. Paul , C. P. Nash ; secretary , E. E. Wood. Executive committee : M. Hughltt , A. Keep , C. M , Depew , C. Vanderbllt , M. L. Sykes , William K. Vanderbllt , D. P. Klmball. The Omaha company has agreed on termt of purchase of the property and franchise ol the Superior Short Line company , which lat ter company owns the lines and terminal : on the Superior & Duluth that have beer used by the Omaha company hitherto. Th ( Superior Short Line Is a proprietary companj of the Omaha , so that this transaction Ii simply an absorption by the parent com pany. The Omaha declared a semi-annual dlvldem of 3'/4 per cent on Its preferred stock. At the annual meeting of the St. Paul Sioux City railroad held today the follow iin directors were chosen : M. Hughltt , C. Van derbllt , A. Keep , M. L. Synes. W. E. Winter C. II. Blgelow. J. M. Whltnan , D. P. Kim ball , J. B. Redfield , C. M. Depew , H. McK Twombley , Thomas Wilson , E. E. Woodman C. E. Simmons , William H. Newman. Thi following officers were elected- President M. Hughltt ; vice president , E. W. Winter treasurer , M. L. Sykes ; secretary , E. E Woodman ; assistant secretary , S. O. Howe assistant treasurer , C. P. Nash. Executlvi committee : M. Hughltt , A. Keep , M. L Sykes , E. W. Winter , D. P. Klmball , C. M Depew and Thomas Wilson. Sludrnt * Shot by n loach. PRINCETON , N. J. , June 8. Two stu dents of Princeton college , Gerry Cohran ' 98 , and Fred Ohl , ' 98 , were shot tonight Ii front of Anderson's restaurant by a negr named Jackson. Three shots were fired , al taking effect. Cohran's Injuries are no serious , but Ohl Is In a bad condition. Th trouble originated In the negro blocking th sidewalk , and the students'attempting t pass. The negro had a bad reputation ti the town , and the feeling among the student has been aroused by his murderous attach The town officials were not slow to arres Jackson and convey him to a place of safet outside the county. The students wer kept In check by the college authorities. K lied br a Natural CUR ICxploiion , PITTSBURG , JuneS. While drilling an o well on the McDonald farm near here todaj a heavy flow of gas was struck at the dcpt of 1,000 feet. The drillers rushed to th boiler to put out the fire , but the volume- gas exploded before they could get this doni Three men were thrown In the air and hoi rlbly burned. John McLeod cannot recovei His brother , Edward , and W. R. Proctor ar also badly burned , but there Is slight hope c their recovery. KS tVK AT TlIK JlOIl ) , Truly there was a great artist amongst us at Boyd's hit night. No matter from what standard excellence he may bp Judged , or from what standard point ot criticism , com parative or otherwise , Mr. Eugene Yfa > e , the Belgian virtuoso , as an artist , must be ac counted one of the masterful spirits of his time. The violin In his hands almost becomes a sentient being , so much of soul Is vouch safed It , and so wonderful Is It plujcd upon by the artist , who , but a lltltc while ago , was Known only to traveled foreigners , and these In very small numbers. Now the world Is talking about him and marveling much at the greatness of this singer on the violin. His pla > lng hag every good quality that makes It beautiful and ! ocableto the lis tener. Ills tones are pure , liquid In quality , with a golden finish that appeal to the auditor , who breathless sits In expectancy for the new flights along the finger-board which are sure to come , and which seem fuller , complcter than thosa preceding. No matter how com plicated are the rvlhmlcal figures , they are but Insignificant barriers erected by the great ones of earth for thla Titan to encompass and to claim as his own. In addition to the brilliancy and tiansparcnc ) forever ( .ten , his tones never suggest curtailment or smallness - ness , even though muted or stopped down They are entirely adequate , and with the piano thundering out a bravura passage , the violin In Ysaye's hands accepts the lingering tone of the orchestra substitute , and alone takes up the theme even on a single string , the audience forgetting entirely In the won- derufl quality of the violin string the clash of the piano wires but a moment befoie This Is art , and Its e\cmpllficitlon as seen last night at Boyd's by an audience hi go , In tensely enthusiastic and representative In character. M Ysajo possesses In remarkable degree the secret of the bel canto. He has a superb staccato particularly discernible In the1 down how , and so sure Is his Intonation that one sits and listens entranced to the master , who more than Justified all the laudatory utter ances which the west , as well as cast , have showered upon him. In the delicacy and fine- shading of his notes , ho suggests femininity , but coupled with this refinement of expression was a forceful strength Intensely masculine- and so he placed upon the senses as ho willed , never descending to the theatric , al ways the artist Imbued with a profound love for those whoso compositions ho chosu to make known to his public. And these com positions ranged from Grieg to Saint Saens , from Sarasate , his only great rival , to the greatest of all tone poets , Richard Wagner. The Grieg number was brilliantly played with an artistic finish that won for the virtuoso Instantaneous favor. Partlctihrlj was he heard at his very best In the allegro tranqulllo blending finely with the allegro nn- Imato , the central theme being as predom inant throughout as It two complete pictures were being exposed on the Fame canvas , ono finally dissolving Into the other. The B minor concerto , by Saint Scans , was a revela tion to the audience , a well spring of Joj to the * violinists , and there were many In front who heard him. Had this Belgian searched through the entire world of violin music he could not have found two nobler works for Interpretation than the ones referred to A Bach and Wagner number came next , "Palse- fol" being played with consummate art , and so enthusiastic was the audience that Ysaye granted the demand by playing the "Melster- slnger von Numbcrg , " by Wagner , para phrase by A. WllhelmJ Herein were dls- plajed the leading motives of the opera singly and In , combination with picturesque effect and striking art so wonderfully wrought out In major and minor chords by Wagner Ysaye seemed to breathe the Influences sur- soundlng Wagner when writing this work , and he played the number as only the true artist can. For his closing ho gave the sprightly composition by Sarasate , "Zlguener Welssn. " But the honors were not all Ysajo't by any means. A better accompanist than M Lachaume has not been heard In Omahn He Is a finished pianist , In sympathy with the violin and the virtuoso , and the audience was not slow to accord the pianist warm ap plause. His soil were splendidly \ilayed \ , showing fine and broad technique , the whole concert being In consequence , educational tea a degree. AFFAIKS AT SOUTH OMAHA. -entlmciit of the People lcfirdliie Voting of Itonds for n 1'arlc. Feeling seems to be divided regarding the voting of $65,000 In bonds to purchase a park. Some think that the taxes paid now are too high and that the city can worry along with out a park for a while. They consider It nothing more or less than a speculation on the part of the South Omaha Land company. A few go so far as to assert that Mayor John ston , who Is agent for the company , Is using his office as chief executive of the city to help It unload a lot of overvalued land upon the already burdened taxpayers. The other side , the men who own property n the First ward near Syndicate park , all want the measure to go through , as they say t will Increase the value of property In that vicinity and make business on Twenty-fourth street better In evidence ot their faith : hese men have raised enough money to de fray the expenses of a special election , and .he city will not be called upon to pay a cent for that purpose. The bonds , If voted , will run for a period of ten years and draw & per cent Interest. The tax to each Individual property holder would , In their estimation , be very light , In comparison to the benefit de. rived. The outlook seems good for the voting ol the bonds. ' Maglo City Goailp. John Flynn has returned from the east. Mrs. Hartman left yesterday for a trlr through Germany. Scott King and Ell Doud went down the river fishing last evening. The Press club's regular monthly meetlnf will be held next Tuesday afternoon at 4 o'clock. Fred Pearl returned yesterday afternoor from a week's trip to Madison , Wls. , ant ! Chicago. Residents of this city are pleased with the resolution of the Omaha city council ordering Immediate repairs on the Sixteenth street viaduct. At noon members of Beechvvood , Cedar- wood and Rosewood camps , Woodmen of tin World , will meet at Twenty-fourth and I streets and form In procession and march t < Omaha to attend the exercises In Hanscon park. At the First Methodist church children' ; day services will be held today at 10.30 a m. The children , aided by the choir , wll render a good program. Epworth leagu meeting at 7 p. m. Preaching by the paste at 8 p. m. The church will be nicely dec orateJ. The rite of baptism will be admlnis tered to children in the morning. Tour Olrln Drowned While llathlnc. DUBOIS , Pa. , June 8. Sadie and Don Anthony , Sarah Rooth and Rosa Rimer wer drowned today while bathing In Stump creek near here. They were wading together whe they sank In a deep hole The four bodle were found together. The ages of the girl ranged from 14 to 17 years. Carlisle ' poakK at I.ouUvlllo vVedncmln : LOUISVILLE , June 8 A telegram rt celved here today announces that Secretar Carlisle will arrive hero In time to spea next Wednesday night. He has not yet full determined upon any other Kentucky date. I xpollod u Hoodie Councilman. SIOUX FALLS , S. D. , June 8.-Specli ( Telegram. ) By a vote of eleven to on the city council expelled Alderma Joseu Sa upbon 'or converting $7CG of clt fundu to hlu own use. All membera e : cept Sampson voted for expulsion. AMUSEMENTS. BOyQ S , Wednesday Eve. , - " T -xoy Elaborate production of the " " Gtnt'emi ' merriest of all - - . vau Omaha * _ _ IN THE OAb Burlesques , " lu 5 acts , Beautiful Costumes , Tuneful Musi ALL LAUOHTEIJ-NO TEARS. Qlvcn under the direction of J. 12DOAR OWENS. Box Tuesday sale opens morning1. Summtr Prices ; 75o , 50c , 25 MUNYON Stive Doctors' IHUs-Curo Yourself With Mitnyon's Remedies No KxpcrimentiiiK They Never Fail Only Twenty-Jive Cents a Vial Alwajs get the latest and BEST , no matter - ter what you buy , especially when you buy medicines. What sane man would buy poor medicines when he Is sick ? Ho wants the BEST. Munjon's Remedies are both cheap and good They are the very latest dlbcov erics In the healing art. Don't fill ) our system with nauseous druns. Don't bo old fashioned , behind the times Be up to date nnd buy the BEST and the latest M-mjon's Remedies. Get Million's "Guide to Health" and learn to cure } omsef. ! It can bo had FREE at any drug store , where the Mmijon Kemeil.es cm also be had , mostly for 25 cents a vial. Those who are In doubt as to the nature of their dlscaso should address Professor Munjoit , 1505 Aich street. Philadelphia , giving full s > mptoms. Ho will carefully diagnose the case and glvo ad\lco absolutely free. Remedies sent to any address on receipt of price. Rheumatism cured In from ono to three l1a > 8 , Djspepsla and all stomach troubles quickly relieved. Catarrh promptly cured. Coughs and colds quickly cured. Head ache cured In five minutes. Nervous dis eases promptly cured Kidney Troubles. Piles , Neuralgia. Asthma and all Female Complaints quickly cured. These Remedies nre sold by till druggists , mostly for 25 cents per vial Munyon's Vltallzcr Imparts " -5W life and vigor to weak and debll tated on Price $1 00. W G. Kondrlck ot the Pennsylvania Rail , oad company , Philadelphia , sa > s "I was wed of the moat aggravted form of chronla : atarrh by Munjon's Catarrh Cure Had uffered for years and tried many doctors nd nil the advertised medicines Tha Irst dose of Munyon's gave mo a thousand dollars' worth of relief. " Ellis Bennett , proprietor Delaware fishing - sort , Wolf Lake , III. , writes"For wenty months I had rheumatism bo severely hnt I was a complete cripple. Could not alk. The doctors all gave me up. Said could never be any better. One 25-ccnt lottlo of Munjon's Rheumatism Remedy ured me. Nothing like It " Mrs Margaret Brown , 20 Walsh Court , Jhlcago , Is 70 years old nnd very feeble , ihe was seized with bronchitis , which de- eloped Into congest on of the lungs. Her laughter says"Wo thought she would He. She was so old and feeble. But Munyon's Remedies saved her life , and she - now quite well again. " THOUSANDS MORE OF JUST 8UCII ESTIMONIES. A full line of MUNYON'S REMEDIES n hand Mailed on receipt of price iiir.Ai.oi : x IT.XIOLU co. , HOS Farnam Str ct , Opposite Paxton Hotel. OMAHA. NEtt FREE. Muiion'B Guide to Health with c\cry pur- hasc of tita genuine remedU * fmni 1UJIIN & CO. Fifteenth nnd DoURlun Onmliii Agency. All remedies mailed on rtcelpt of price. AMUSE M bl Now open for the facuson , THE RESORT OF THE WEST Tables furnished picnic parties. \ BURNO , Blondln's successor , give * tight rope performances afternoon and. evening today. Balloon ascension nnd parachute Jump at 3:30 : nnd 7 15 o'clock today. Grand Concert Today 1st Infantry Nub. National Guards Band , Sherman avcnuo cars now run on 12th SU TODAY , JUNE 9 , First Grand Opan Air Promenade CONCERT and picnic by the Trilby Club At Hlbbelcr's Park , 41th and Leavenvvorth. sts , , on the Fair Ground road. The Swedish SlnglnK society Norden , the prUe winner will sing. ISvcrjbody Invited. Tickets , 25c . COMMITTEE. How Do You Feel ? Are you quite well ? Do jou ever have headache ? Is > our hand steady ? And Is your nerve steady ? Do you sleep well nights ? Are you always good naturcd ? Are you strong sexually ? Are you as good a man as jou used to DOT If you can say YES to nil of the above > questions > ou do not need "NERVE FOOD- P1I..I.S. But If your answer Is NO1 you do- need "Nerve Food Pills" and should send for them at orco. Trice , $100 per box ; six for $5 00. isllDrniCo. 15115 DODGi : ST. , OMAHA. KINGSFORD'S THE PEUPKOT COLD WATER STAROIt IS A HAVER or TIME , LABOR & MONEY. SOAP FLOATS ! JAS. S. KIRK & C O. . U. S. A. < Iilefacittr'i Diamond Ilr n . TNNYROYAl PILLS Urlzluol and Duly Genuine. ire , J"ji itlUllt. I DII uk il ( or OklcAuKri Jfog'u ' * lilt llrmd In lit d .0-1 UtU utull ! \ iti n l l wlih bl r1M n 1 Ue' itulhrr. .V/m dungrreut , ulir u * noni n/l < T lt limi ! > tl > rucUii , < ri 14 . l > tunii hi jiutleiiUri , uillmiraltli tt * "IttlUf fop I. tl , " < I'll" . < rrt r l < > , UUOTr > lln UU > 4- , //rr.