PPW " " ' " -V THE OMAHA ; DAILY BEE r ESTABLISHED JUNE 19 , 1871. OMAHA , FBI DAY MORNING , JUNE 14 , 1895. SINGLE COP\r FIVE CENTS. WHISKY TRUST KNOCKED OUT Enprcmo Conrt of Illinois Deals It Its Death Blow , FINDING OF THE LOWER COURT AFFIRMED Under the Decision tlio Dlstltlortet In the Die Combine \\lll Ha Sold nnd the Affitlri of the Organization. Wound Uji. SPRINGFIELD , Juno 13. The supreme our > of Illinois today filed Its opinion In the cane of the people against the Distilling and Cattlefeedlng company. The Judgment ol ouster entered by the lower court Is affirmed The effect of this decision will be to break u [ the Whisky trust. In the course of the opinion the court eays : "No oi.o who Intelligently considers the eclicme of this trust as detailed In the Information mation can for a moment doubt that It was designed to be and was In fact a comblna- tlon In restraint of trade ; that It was organ Izcd for the purpose of getting control o the manufacture and sate of all distiller ] producta so as to stifle competition and to b < able to dictate the amount manufactured am the prices at which the same should be sold nnd that Us effect Is to create or tend ti create a virtual monopoly In manufacture It the sale of products of that charactcr. "No rational purpose for such an organlza tlon can bo shown consistent with an Intcn tlon to allow the business to run In Its nor mal channels , to glvo competition Its legltt mate operation nnd to allow both productloi and prices to be controlled by the natural Influence fluenco of supply and demand. anJ the re tults as shown by the Information were sucl as might be anticipates. The trust ob talned possession of nearly all the dlstlllcrlc nnd nearly the entire distillery products c the United States' , thus enabling It to dlctat prices and the amount of production , an thus lo draw to Itself substantially the con trol of the distillery buslnes ! of the country The court cites a largo number of decision showing combinations of a similar characte that have been held Illegal In other state : \ among others the Match trust. The oplnlo continues : "But It Is urged that the defendant by It charter U nuthoilzcd to purchase and ow distillery property , but that there Is n limit placed upon the amount of propcrt which It may thus acquire. By Its certlf cato of organization It Is authorized to er gage In a general distillery business In 111 iiols and elsewhere and to own propcrt necessary for that purpose. It should I remembered that nil powers In corporal charters are to bo construed strictly an thnt whnt Is not clearly given Is by impllci tlon denied. The defendant Is authorized I own such property as Is necessary for carr ; Ing on Its distillery business * nnd no mor 7ts power to ncqulro and hold property limited to that purpose nnd It has no po t by Its charter to enter upon a scheme of ge ting Into Its hands and under Its control n or substantially all the distilling plants ar distillery business of the country for the pit pose of controlling production and prices , i crushing out competition , and of establlsulr virtual monopoly In that business. Such pu poses are foreign to the powers granted I charter. The acquisition of property to sui an extent and for such purposes do not con within the authority to own property f the purpose of carrying on n general dl tlllery business. In ncqulrlng dlstlllerj pro ertles In the manner nnd for the purpo shown In the Information the defendant h ; not only misused and nbused the powe granted by Its charter , but has usurped ni exercised powers not Implied by It , ni which are wholly forclim to that Instrument RECEIVER M'NULTA TALKS. Receiver John McNulta was not Incllu to discuss the Whisky trust decision , b nsserted his Intention to hold the trust pro crty nt nny risk. The opinion had been e pressed that In the event of a decision su as was rendered today the trust's distiller ! would revert to their original owners , sot of whom had expressed the intention of se Ing the plants. "I don't think the declsl will result In nny Immediate change of han for the properties , " Receiver McNulta sa "for I Intend to hold to all that I have charge ns nn officer of the court" Deputy United Stntcs mnrshals have been on guard at the various distilleries for soi tlmo and sturdy resistance will no doubt made to any attempt to seUo the plants. Attorney General Maloney. speaking of t decision , said1 "The supreme court pn tlcally holds that the Distilling and Catt feeding company Is n trust nnd that as su Judge Gibbons of Chicago did right In pi nounclng a Judgment of civil death agali It. The supreme court also decided that t attorney general was right In his views the law regarding the matter and that t Distilling nnd Cnttlefoedlng company Is more than a continuation of the old DIsl tors' Cattlcfecdlug trust. The decision , " continued , "Is ono of the ablest oplnle over delivered by the supreme court of t etnto. In no uncertain language It EOUI the death knell of trusts In this state f ever. In every point on which I made fight 1 was sustained " Attorney Levy Mayer , representing i reorganization committee , regarded the i clslon as a victory. "Wo have been anxlou waiting for this decision , " he said , "and i highly pleased that It has com * and come the way of an affirmance. It removes i obstacles from the way of the reorganlzat | committee and makes a reorganization n a matter of but a few days. Attorney G crat Motoney has done most excellent wo Wo were associated with him In the prcpa tlon of the Information and took part In early stages of the arguments before Jui Tulley. We saw In the proceeding the o opportunity nt the tlmo of getting rid of management of the officers In power. * effect of the decision Is to deprive the cc pany of the right to continue business. ' statute , however , of this Ftate makes press provision for Just such a case as tl It provides In language that the corporal shall continue Its corporate capacity dur the term of two jears for the purpose collecting tbo debt ? and claims due the c poratlon and selling and conveying the pr erty and effects thereof. The taw nlso i vldes that the corporation shall have right to use Us corporate name for the ab purpose and that It shall bo capable of prc cutlng nnd defending all suits at law or equity. Receiver McNulta has the right temporarily continue the business until advantageous sale can be made of the pi crty. The supreme court decision make naio of the property which Is now In hands of the federal court receiver Inev ble. It Is this sale for wlflch the reorgan tlon committee has been , striving with ml movell from the recelvo mpl Thefo can i bo no successful filibustering or obsta Interposed to the rale of the property , while our petition Is and has been ready . ' several weeks we know nothing which n : satisfactorily facilitates the purposes cf reorganization committee than the decl1 just announced by the supreme court. " Is the greatest triumph thus far of the c mlttee. " * * . , k C * ' 'FITS THE PULLMAN CASE. Attorney General Motoney In dltcu slog CccUlon of the supreme court In the Wh ! f trust case ( aid. "It U plain als-0 , from language used by the supreme court In cast , that tbo Pullman Palace Car comr vvlll meet with tbo same fate at the band this court that the Whisky trust has with. The supreme court has expressly fcldoJ that corporation ! organized under ] awa of thli state have only such exp piwera ni are granted to them , and their powers mutt bo str.ctly conitrued , ' all that t * not given to them In express "e-S - Kuage li denied. " The word * of the tupremo court are- rhould be remembered that grants of powe corporate charters are to be const itrlc'.ly , and that what Is not cleirly give jy Implication dented , The defendant Is au- : horlzed to own such property as Isrfiecc-spary for carrying on Its distillery business and no more. Its powers to acquire and hold prop erty arc limited to that purpoic. " GRKENHUT IS WELL PLEASED. PEOR1A , June 13. J. B. Grccnhut , ex- president of the Distilling and Cattlefeedlng company , seemed to be very well pleased this morning with the decision In the quo warranto case. He said It was only what had been expected , and tint legal proceedings would be commenced by owners of the prop erty leased to the trust to gain possession of tame. Ho contends that all leases exe cuted to the trust are by decision null and void , and should the "stockholders seek to retain possession of the property , suits In ejectment will be brought against them. Liases were for twenty-five years , nnd were assigned by the old trust to the Distilling and Cattlefeedlng company. There IB nc clause In the leases providing for removal ol betterments at the expiration of llfo thereof , and lessees will be apt to demand all the ; arc entitled to. There Is a question as to the right of lessees to remove machinery from distilleries , and on that the fight vvlll be made. None of the Pcorla distillers arc Interested In the reorganization of the trust , says Mr. Greenhut , unless It be Walter Barker , whc Is manager of I'eorla distilleries appointed by the receiver. Mr Greenhut says the re organization committee now has nothing tc reorganize. He eays the control of tin plants will pass to the former owners , ant litigation will tie up other property. Mr Greenhut says Independent houses are dolnf at ! the business , or nearly all of It , am are In shape to hold on to the trade In fact of keenest competition. Only two distilling and Cattlefeedlng houses are now being oper ated In Peorla , and they on a small scale and Mr Greenhut says tlry will both bi closed In a few days. He docs not think an other combine like the Distilling and Cattle ceding possible , because opposition ha : ; rown too great. Wilier Barker says the property of th < distilling and Cattlefcedlng company Is It .lie hands of the court , and It will pro , ect it , and prevent any one from taklni tossesslon of It until It determines who I jelongs to. to.TROUBLE TROUBLE IS EXPECTED. CHICAGO. Juno 13. Receiver McNulti spent the day In making warlike prcpara tlons that Indicated that serious trouble wa expected from the former owners of th trust's distilleries. A large extra force o deputy marshals was sworn In during th afternoon and dlstrlbu'cd among the varlou plant' . The receiver also received a sloe of ekv rockets and supplied the deput es wit them as signals to be used In case the tele phone wires ehould bo cut at night. Th receiver refused to talk of probabilities c trouble furth r than to say that ho Intende to hold the distilleries at any cost and wlshe to bo prepared for emergencies. The representatives of the reorganlzatlo committee and the receiver dcclareJ tha any attempt on the part of former owners c trust distilleries to repossess themselves c the property would be usele's Despita thl however , a force of thirty deputy marshal was held at the United States marchal office In readiness to prevent any such ai tlon. The old Shufeldt distillery was tli plant at which trouble was expected , o Thomas Lynch. Jr , one of the former owi ers , was reported to have expressed the di termination to regain control of the propert ; PEORIA , June 13 Fifteen more dcputle all Peorla men , were sworn In this mornln and will go on duty this afternoon at tr. . distilleries , making n force of thirty olti gether now engaged In guarding the Peorl distilleries. Edward S Easiton , ono of tl company that leased the Manhattan to tl trust , says Mr. Greenhut speaks for lilmsc and not for other Peorlans whose properl pa'scd Into the possession of the trust. M Easton Is content with present arrangcmen and Eays litigation will bo matter for futu : consideration. The Willow Springs distillery of this cl is ono of the Institutions affected by tl decision and the news of the defeat of tl trust was received with unconcealed sati faction by the local officials of the compan The first news of the decision was recelvi by Mr. P. E. Her through The Bee and 1 was evidently much pleased with the a nouncemcnt. He held a brief consultatli with his attorney , and said that the dcclsli ould make no difference with his linmedla lans. He was holding the property non lie agent of the receivers and as the c nbllshment was closed at present there w othlng to bo gained by attempting to tal orclble possession. Ho would wait for t ; egular procedure of the court and thoug lint the tnngle would eventually bo stralgl ned out satisfactorily. I. 31. JIESKUICT AOT ALJUIMK ) cfanltcr Taylor' * Coniptnion Thinks II Liberty lit Not ilropurdlzeil. io SIOUX FALLS , S. D. , June 13. ( Specln H. M. Benedict of Chicago , W. W. Ta or's brother-in-law , was yesterday surre ered to the United States court nuthorlt i Ils attorneys went before Judge Edeert o nruue the writ of habeas corpus retui able today to show cause why Bened hould not be discharged , claiming that vns Illegally brought from ( Illinois , a , vas therefore Illegally held. On account he 111 health of Judge Edgerton , the atti ncys agreed to let the matter go over un July 9 , when Judge Williams of Lit lock , Ark , will be holding court here an Interv.ew , Benedict stated that ho kn nothing of the negotiations going on : jardlng the surrender of the defaulting i state treasurer. Ho claimed to have dc lothlnc In the Taylor matter which shoi 10e jeopardise his rights or the property whl eli 10 holds In this state. Ho declared tin lire was no truth In the statement that he we re with Taylor on the first part of his trip , a In 'urther that he has heard nothing fr ill Taylor during the lattcr's wanderings in said ho was In Chicago three weeks befi iw its arrest and made no effort to conceal hi iwn self. He thinks ho Is not being treated ri | na nk In this matter His bond was approved a- lay and ho has returned to Pierre. alie lie Killed III * I iulier-ln-l.ilw. KC DEADWOOD , June 13 ( Special Te ; ly he gram ) Charles H. Benson , one of the b hon icnown farmers In the Black Hills count n- was shot and killed this afternoon by nhc son-in-law , Frank Manlhan. The trouble v hcx of a family nuture. Benson , who was an i Is gresslvo old man. had always been In trou Ison with his son-in-law and other relatives. M lhan. after doing the shooting , left for of north on horseback , an ] Is being follov > ofr cloeslv by a sheriff's po-se. ip , DM > otnnt to Ilo Marrlnl. SIOUX FALLS , S. D , June 13. ( Spec ! Agent Glbbs of the Milwaukee depot h has received an undated letter from II. In Erlckson , the billing- clerk who recently i to appeared Erlckson practically admits t the reason he skipped out was because ip. did not want to get married the follow Wednesday , as he was billed to do , and he did not have nerve enough to go and tell ftanco of Ills des ro to cancel the pllgh troth. > ht i : . P. Trooper Admitted to Unit. reov CHEYENNE. Juno 13. E. S. Crocl ov charged with the murder of Harvey Bo < Ics his business partner , was today admitted tor ball In the sum of $20.000. ire Czar HcceUeil the Armenlmu. ho LONDON , June 13. A St. Petersburg t on hi pitch to the Times says that the czar i him czarina received the Armenian Catholics y terday with great ceremony at the palice i accepted their petition for the redress the Armenian wrongs graciously. ilv ! Kentucky Luuatlo In London. thi hi LONDON , Junj 13. It trantplres that himy reuzo Dow Covlngton , the American myo o has been pronounced a dangerous lun ne and confined In an asylum for threaten de to throw vltrol over Cardinal Yaugban , I th native of Kentucky. - „ . cs ha Jap llapldlr Tuning Pb'ieulon. in HONQ KONG , Juno 13. The Japanese t an made a peaceful occupation of Tam-Sul "I Tal-Po-Ho-Fu In the Uland of Form "II I They arc administering the customs ue trade la rctuiv'i No further trouble Is ueI I pected- MET WITH A FLAT REFUSAL Answer of Manitoba on the School Question Introduced in the Legislature , RESENT SCHOOL SYSTEM SATISFACTORY Debate on the Ileiolutlou Will lla Coin- inencctl Monday Orcenway Gov ernment linn the Votes to 1'nis It. WINNIPEG , Man. , June 13. In the Mani toba legislature this afternoon , Attorney General Sixton cave notice of a motion Bet ting forth Mim.totm'B reply to the Dominion go\ernment's demands that separate schoola should- again be established In Manitoba. It Is a direct refuse ! of the demand. The reply Is In the form of a memorial addressed to his excellency , the governor general of Can ada , In council. It first recites the remedial order and then submits the following. "These privileges , which by sa'd order we are commanded to restore to oui Roman Catholic fellow citizens , are sub stantially the same privileges which thej enjojcd previously to the year 1SOO. Com pliance with the terms of the order would restore Catholic separate schools with nc more satisfactory guarantees for their effi ciency than existed prior to the sa'd ' date. "The educational policy embodied In oui present statutes was adopted after an exam ) , nation of the results of the policy thereto fore followed , under which the separate Roman Catholic schools ( now Eoifeht to b < restored ) had existed for upward of nine * teen yvars. The said schoola were found t < be Inetllclent. As conducted under th < Roman Catholic section of the Hoard of Edu cation they did not possess the attributes o efficient modern schools Their conduct , man agement and regulation were defective. Ai a result of tno lea\lng of a large sectloi of the population with no better means o education than was thus supplied , man ] grew up In a state of 111 teracy. So far ai \\o are aw are. there has nevsr been an at tempt made to defend these schools on thel ; merits and we do not know of any groum upon which the expenditure of public mono ; In their support could bo Justified. "We are , therefore , compelled to rpspect fully state to your excellency In council , tha we cannot accept the responsibility of car rylng Into effect the terms of the remeilla order. The reforms effected In 1S90 hav given an impetus to educational work , bu the duttlcultles which are Inherent in ou circumstances have constantly to ba met. I will be obvious that the establishment of ; set of Roman Catholic schools , followed b ; a set of Anglican schools , and prooably Man nonite , Icelandic and other schools , would s Impair our present system that any at preach to even our present general standar of efficiency would be quite Impossible W contemplate the Inauguration of such a stat of affairs with very grave opprehenslgn W have no hesitation In saying that there can 5 not bo suggested any measure which , to on minds , would more seriously Imperil the ik vclopment of our province. COUNCIL POORLY INFORMED. "Wo do not believe that when the remedlc order was made there was then nvatlabl to jour excellency In council full and acci rate Informal on as to the working of ou former system of schools. Wo also belle\ there was lacking the means of farming correct Judgment as to the effect upon tli province of the changes Indicated In th order. "Being Impressed ' with this view , wo re spectfully submit tha't It Is not vet too lal to make a full and deliberate Investigation c the whole subject. Should such a course b adopted ne shall cheerfully assist In offerin 1 the most complete Information available. e "It Is urged most strongly that upon s Important a matter. Involving as It does th religious feelings and convictions of dlfferer elapses of the people In Canada , and the edt catlonal Interests of a province which Is ej pected to become one of the most Importar In the Dominion , no hasty action should t taken , but that , on the contrary , the greai est care and deliberation should be exercise and a full and thorough Investigation madi "As to the legislative grant , we hold th ; It Is entirely within the control of the legli taturo of the province , and that no part < the public funds of the province could t made available for the support of separal schools without the voluntary action of tt provincial legislature. If this be the cas < nothing could be more unfortunate , from tl standpoint of the Roman Catholic peep themselves than any hasty or peremptoi action on the part of the Parliament of Cai ada , because such action would probably pn duce strained relations and In the end pr < vent the possibility of restoring harmony "We understand It has been suggests lately that private funds of the Roman Cat ! ollc church and people have been Invest ! In school buildings and land ? that are no appropriated for public school purposes. > evidence of euch fact has ever been laid b r11 fore us , so far as.we . can ascertain , but v 11 If such Injustli profess ourselves willing , any le can be established , to make full and far compensation therefor. "In conclusion , we beg respectfully to pla on record our continued loyalty to her gr clous majesty and to the laws which t ! Parliament of Great Britain has In Its wl dom eaen flt to enact for the good gover ment of Canada " The house then adjourned till tomorro1 It is. not expected that debate on the qucstli ulll como up tilt Monday , when Prcml Greenway reaches the city from Ottawa. 1IL.ACK FLAGS ARK WARLIKE I nzlaoil Sends n Gunboat to Chine VV tr to I'rotect Itritlnli Interritf. LONDON , June 13. A special dispat from Shanghai fays that a remnant of t si famous Black Flag Is entrenched at Chui Wa , on the Uland of Formosa , and the Chinese warriors are expected to make a d termlned stand against the Japanese who a taking possession of that Island according the terms of the treaty of peace. The t\ clat dispatch also says that a British gu boat has been ordered to the Yangtse Klar The dispatch of the British gunboat to t Yangtee Klang Is said to be due to the proV 1. ) blltty that trouble will ensue there. In cc elusion the Shanghai dispatch says that t Chinese ministers at Peking hold the o , . J. clals of Cheng Tu responsible for a part the outrages against the foreign mlsala rcg Jrnloun of American Contractors. he OTTAWA. Ont. , Juno 13. Major McLe ils ed nan , conservative , asked the House of Co mons to pass a bill preventing the letting contracts to aliens. He thought It a cry I shafne that United States contractors nnt ally should take hundreds of thousands h.to dollars out of the Dominion. The Unll to States laws , he said , made It practically I possible for Canadians to get contracts the United States. Is- rhlnete Loan at a Premium. Isnd LONDON. June 13. The Chinese loan ! S- quoted at 2 % per cent premium on the Pa Snd bourse. U Is taken by four Russian ban of From a political point of view the loan for a dangerous precedent , ns It gives Russia financial hold over China which it will difficult to break ojtv. . ho CloicU iho .MarUuurc Ai/luui , tic BERLIN , Jun 13. The government 1 ng closed the Marlaburg asylum , which was scene of the acandals brought out by ' trial of Herr Mellage for libel and hold trial the two lay brothers who are accused responsibility tor the abuse of the Inmate : llednclng din Dliconnt Rate. Qj sa LONDON , Juno 13. The financial artl , nd In the Dally News says that It la repor ex- that the directors of the Bank of Engl ; a { reducing the back rate to l'/4. .1117071 1.1 It C Tilt : AKABitMA CASK Action of the Mearaer Chllrti tlnj Ilendcr This Government Ll/itile. / WASHINGTON , Juno 13. The steamer George Chllds , carrying the filibustering ex pedition from Key West , has landed nt Jamaica , Definite information to this effect has been rece vcd here , U was due In a largo measure to the salting of this expedi tion last week that the administration de termined on energetic steps to prevent viola tion of the neutrality taw and that President Cleveland Issued his proclamation last night. The Information from Tampa states only that the steamer has landed , but does not add details as to whether the filibusters nro still on board or were landed at some point In Cuba. The fact that the Informa tion from Jamaica gives only the arrival of the Chllds , without mention of the filibus ters , leads to the Impression In some quarters that the suspicions directed against her may prove unfounded , as there Is only Ir regular Intormatlon thus far to show that she carried the party. If the steamer , as alleged , has carried from the United States n supply of muni tions of war and armed men to aid the rebels In Cuba , the Incident may raise a grave question as to the responsibility ol the government. On the statement of facts to our officials , the case boars a strong re semblance to the celebrated Alabama affair , which cost the British government many millions of dollars to settle In the Chllds easel the vessel was under the United States flag and practically the expedition started In this country. It was said that our gov ernment was duty advised of the Intended departure of the Chllds expedition , thougl : whether the advices were In themselves sufficient to make up a prima facie case Jus tifying the nrrest of the parties or the de tention of the vessel under the terms of oui law , cannot b learned. By the terms of the treaty of Washington , the United State ! bound Great Britain and Itself to the doc trine that a nation Is bound to use "du ( diligence" to prevent the departure 01 armed expeditions aga'nst a friendly nation This raises the point whether the Unltei States can bo held to have exercised dm diligence in the matter. I'AYMKNT ON TUB CIIKCKS Creek Council Requests tbn Government tc Until Out Its Cn-li. ' WASHINGTON. June 13 A dispatch wai received at the Treasury department ycster day from G. H. Small , assls'ant treasurer o the United States at St. Louis , ttatlng hi had been requested by Acting Chief Bullet of the Creek nation not to honor any furthe checks against the Creek funds drawn b ; Treasurer Sam Grayson. Mr. Small says hi notlfieJ Bullett that ho would comply tempo tarlly with the request , pending further in formation on the subject At the time o writing he did not know the cause or subjec of the trouble. The books of the St. Loul office show a balance of $187,000 , subject ti the order of the treasurer of the Creek na tlon. No checks drawn by Grayson hav been presented for payment Mnce May 1 laat. Mr. Small asks whether the secietar ; approves his action Secretary Carlisle tin mediately referred the matter to the Intcrlo department , and a dispatch risking for In formation was sent by the Indian olllce t D M. Wllcon , agent to the five civilize tribes. The latter's reply , received this morninf reads as follows "The principal chief of th Oreek nation has been suspended by the na tlcnal council and Edward Bullett , sccon chief , Is. now acting chief. The latter vva Instructed by a resolution of the imtlonr council to notify the asj'stant treasurer of th United Slates at St Louis aiot to hone checks drawn by Sam Grayton , treasurer e the Creek nation , until further instructed , shall advise you further as soon as possible. Mr. Wilson's ? reply will be at once foi warded by Secretary Carlisle. ( ,1V H3 SUTTLLKS AN KXTCNSIO ] Itnllng of S crotnry femtth of Orcnt Inter < t to UnmpHlonrter * . WASHINGTON , June 13. Secretary Hok Smith has rendered a decision on appeal tha nil ! b ? of Interest to many western home steaders. The case In question was that c J A. Wells of the Alliance land dlstrlc Nebraska , who requested an extension c time for making payment on his pre-emptio claim. The land office refused the rcques on the ground that euch extension could t granted only In cases where Inability to pa arose by reason of failure of crops. In hi decision. Secretary Smith reversed this ru Ing and called attention to a recent act c congress which ext-nds the time of final pay ment for one year In cases where the entry man Is unable to make payment on accour of any cause which he Is unable to contro This law was passd In view of the financli distress prevailing throughout the countr last year. \Vmtern Lttml Cd'oft , WASHINGTON , June 13 ( Special Teli gram. ) Secretary Smith today rendered decision on appeal in the following tar cases- Nebraska In re Jerry A. Well Alliance district , decision reversed. E : tension of time In which to pay for land a lowed. South Dakota Torketa Lund versus He bert S. Masses , Watertown district , d cislon affirmed Masses' entry to be cancelle Elizabeth Zauker against United States , Abe deen district , decision affirmed , payment fees and commissions denied. F. T Day at against Walter E. Fogg , Huron dlstrlc decision affirmed. Fogg awarded land. ' Wenlprn Pi HtniHiler * Appointed WASHINGTON , June 13. ( Special Tel gram. ) Postmasters were appointed today i follows Nebraska Huhbell , Thayer count Clinton Leedom , vice A. J. Elder , remove Iowa Dunbar , Marshall county , J. M. Wl son , Jr , vice A. G. Medhue , resigned ; Modal Harrison county , Thomas Carey , vice W. ; Sharpnack , resigned. South Dakota Tu ton. Splnk county , C , II. Draper , vice J. Weir , resigned. William H Deegan was today comml sloned postmaster at Llndsey Neb , John Baker , at Ollle. la , and Charles B. Pa melee , at Arlington , South Dakota. I'xtrndon of the ( 'ml Service. WASHINGTON. June 13.Presldent Ctev land today signed an order prepared by t civil service commission whifeby about 2,5 persons In the governmsnt printing office n put under the classified civil tervlce. T positions Included are all In the office wl the possible exception of about 100. whl embrace charwonvn , coal'heavers and of he Today's addition will bring ( he total numb of positions coming under the civil servl In this country to approximately 55,000. Civil Sorv.ce JUnnrdi AppotlTtcil. WASHINGTON. June 13. The boards examlna applicants for places In the I ternal revenue service , recently broug within the civil service rtHw , have be appointed by the civil lervlce commlssli Tlia boards are located la Burlington , I Knoxvllle , Tenn ; Lexington , Ky. ; Per mouth , N. H. , Scranton , Pa. ; Terre Hau Ind. ; Albany. N. Y ; New Vork City , a Camden , N J. Two Appointment ! by" tlio' Prri'ilent. WASHINGTON. June 13. Ths preside has made the following appointments- Is Thomas , consul general , to be United Sta minister at Venezuela ; Emory Best of 1 District of Columbia , to be assistant co mlssioner of the general land office. Nebrruku Sinn's Appointment. WASHINGTON. June 13. ( Special Te gram , ) Dr. W. P. Conwell was today i pointed an examining surgeon for the pi slon bureau at Nellgh , Neb. .NewVlieat Comes High a ( 8t , Luul * . ST. LOUIS , June 13. Ono dollar waa p , for cash wheat In the St. Louli market day. It consisted of a carload of the fl new wheat of the 1S95 crop raised In M sourl and grades as No. 2 red. Wblto t wheat was of such excellent Duality , It ed understood the yield when thresht'l waa o nd ten buihela to the acre , where at te\tt twei bushels had been looked for. BARRETT SCOTT CASE IS ON Oitizens'Committeo Urge that the Litigation is Too Expensive. STATE WANTS ANOTHER CONTINUAKCI Attorney Gencrnl Churchill Aiks the Court to Postpone the Trlul Until Next Fall nnil li ItcproTcd for Ills Dilatory Tnctlcs. BUTTn , Neb , June 13. ( Special Tele gram. ) The case of the state of Nebraska against the alleged lynchers of IKrrett Scott , the defaulting treasurer of Holt county , whc was killed on the 31st of December last vcar , was called In district court In this ( Bo > d ) county , this morning. Attorney General Churchill , who was requested by the legisla ture to take charge of the case , filed c motion for a continuance until next fall. . This action on the part of the attorney gcn > eral created no llttlo surprise , as It has been given out repeatedly that the state was readj for trial. The defense Is ready and anxious to proceed. The court expressed Itself Ir Indignant terms over 'he dilatory practices on the part of the prosecution and Informei' the attorney gen- rat that strong reasons must bo preseiit"d Defere a further con tlnuancc would be granted. He gave the attor nc-y general until noon to present afilda\ltslr support of the motion for a continuance. I Is stated that the present cause for the dela ; Is the absence of Dr. Gllllgan and Jamei Dibble , two witnesses for the state. A committee of citizens wal'cd upon tin attorney general last evening and urged hln to dismiss the case on the ground that 1 would unjustly entail a heavy burden of expense penso upon the taxpavcrs of Boyd county General Churchill Informed the commlttei that ho was acting under the Instructions o the governor and both branches of the legls laturc and had no choice but to go ahead will the case. It Is thought that the work of securing i Jury will consume several weeks. FORCED THE STATE TO TRIAL. About 4 o'clock this afternoon the attornc ; general appeared In court with n showing fen n continuance until next term of court Th affidavit set forth that J. P. Gllllgan o O'Neill , who e testimony at the prellmlnar ; examination Is claimed to have been damag ing to the defense , was In New YorK , ami owing to a severe attack of sickness , woul be unable to be present at this court , am that J. F. Dibble , a witness who K expcctct to identify the defcndintn as being vlgl lants , and that the oath of the commute bound each and every member to take th llfo of any one who came under the ban o the organization , is missing. Smith , th drl\cr of the rig , Is also one of th" mlssln witnesses. Dibble Is In Iowa , and the las seen of Smith he was on his way to O'Nell from Lynch with the Intention of coming t Butte to attend the trial. After the reading of this statement , th attorney for the defense announced that th matter could be easily disposed of and rea the following , which created a decided senss lion. lion."The defendants hereby waive In vvrltln their constitutional right to be confrontc with the witnesses , Gllllgan and Dibble , an consent that the evidence of these wltnesse before the preliminary examination may t read In evidence to the Jury. " Immediately following the reading , th court stated that In view of the waiver tli state could not be allowed the contlnuam and overruled the motion. The attorne general then said the state was ready for tri : and Attorney Harrington stated that th defense was also ready. The court Instructe the clerk to Uue a venire for fifty talesmei but the attorney general thought the cas ought to be put off until tomorrow morr Ing. Harrington asked that a venire t Issued at once In order to have some tale ! men here In the forenoon , so that the wor of empanelling n Jury could b3 crowded. After court adjourned for the day the a torneys for the btate came to the concluslo that the defendants could not waive a coi fctltutlonal right and decided to present a argument to Judge Kinkald in the mornln on the matter. I.I.I-T THE VMJ'JsIt JiHKTHHEy OU Lutheran Synod Si-lrcti 1'r.itrriitil Delegate to rurrovpniullng Ilmlle * . HAGERSTOWN , Md , June 13. The fir : report submitted at the General Luthera synod today was that of the Board of Sui day Schools. It showed 12,335 schools , 21 590 officers and teachers and 170,708 scholar The collection for the past year was ? HG OS2 24 , the amount of benevolences belr $38,837.48. The following delegates were chosen corresponding bodies United synod of tl south. Rev. Luther Kuhlman ; general Pre byterlan assembly. Rev. D H Bauslln D. U. ; geneial assembly. United Presbyte Ian church , Rev. M. W. Hamma , D. IJ Reformed Church In America , Rev. G. \ Tonner , D , D ; Reformed Church In the Unlti States , Rev. S , F. Brecklnrldge ; United No weglan synod , Rev. S. B. Barnitz , D. D. A motion to strike out the appointment the delegate to the United Brethren gener conference on account of a rebuke admlnl tercd to thS Lutherans at a conference Altoona , Pa. , some years ago , was carried. "Questlone of aiding the German Theolo leal seminary at Chicago and Its removal Atchlson Kan. , or Omaha , Neb. , were r ferred for action by the board. A delegate the Unite ! Brethren general acsambly co ferenco was chosen , reversing the action the morning. The new catcclsm was adopted. The tlr selected for the next meeting Is Wednejd evening , succeeding Whitsuntide , 1837. T convention adjourned at midnight. sjnotl J'lnlsheA Its Labors at Dcuvor ui e.nes Mghtieelni ; . DENVER , June 13. The synod of H formed Presbyterians adjourned at mldnig and moil of the delegates have gene on trip to Pike's peak. The refusal of the N' < York Presbytery to organize a Reform Pre bytery In Cambridge , Mass. In usponso a petition froom a congregation In that pla was overruled and the petition of the Cai bridge people granted. The committee on temperince reported vc strong resolutions against the cale or use liquors and tobacco and the report w adopted unanimously. The government of t United States was condemned for coun nanclng the liquor traffic and tnc tab narcotics. The synod decided to enlarge Its wo among the Indians In Oklahoma and will e deavor to unite the small congregations u supply them with preachers. The report of the committee on Sabbith ( servance , as submitted by Rev. J. R. Wyl was accepted and commented on mosi fay ably. He condemned Sunday ma'ls ' , trai portatlon , newspapers , street ca's and kinds of work , also the tendon'y te turn I day Into an occasion for msrryn iking 1 appropriations adopted footed up about C-'j ' 000. IVebraiUun Miirrled In London. LONDON , Juno U The Times nnnoun that at St. George , London , on WcdncsO John Francis Han Is , on of the late O. Harris of Nebraska , was married to G trude , daughter of II , I' . Upham of Paul , Minn. f Maurler Complete * Nt\r Novrl. LONDON. June 13. The Dally News t morning announces that George du Maui has finished a new novel. MoTnnent * of Ocean Steamer * Juno : At New York Arrived Sailer , from B men ; Persia , from Hamburg At Southampton Arrive ! Columbia , fr No wYork. for Hamburg , and proceed learner Kaiser Wllhelm II for Brem Havel , from New York , for Bremen. * Hull Arrived Ohio , from New Yorl MAJ. HALFORD QOE8 TO DENVER Orderi from WmhlnRtou Transfer a Popu lar Piijrnnnter ti > Another Station. According to the following dispatch , which was received by The Bee from Washington last night. Major Halford , who for almost two jears lias been paymaster for the De partment of the Platte In this city , wilt bo transferred to Dciner : "Major Elijah W. Halford. paymaster , has been relieved from duty at Omaha and as signed to duty at Denver , headquarters of the Department of the Colorado. " Major Halford stated last night to a reporter that ho had no doubt that the telegram was true. Ho said that some time ago he received unofficial notification that ho was to IK ; transferred to some other station , but the name of the city to which he was to be sent was not mentioned. He had expected It , too , because of the changes that have already been made in the corps. There ore three paymasters in this department , and there is not enough work to keep them busy. Major Halford was probably chosen as the one to be trans ferred , as the other two paymasters out rank him In the length of their terms of service. Major Halford was appointed to the pay department of the army at the expiration ol President Harrison's term of olllce , during which he was Mr. Harrison's private sec retary. His first duty was In Paris , where ho was placed In the disbursing office ol the Bering Sea commission. From there he came directly to this city , two jears ago next August. During his residence hero he has taken a verj active Interest In all klndp of religious work , and ho has been especially Identified with the work of.tho Young Men's Christian association. He has served one term ns president of that Institution , anil last month was re-elected. During his con nection with It he has given remarkable Im petus to the work of the association , anO much of the success that It has attained dur ing the last two years can be largely as signed to his own personal efforts. He has spent the larger part of the time thai was not devoted to hie official duties In pushing It forward In every way. "I regret very much to leave the city,1 said Major Halford "During the two years that I hare been hero I have been treated very kindly and have formed many pleas ant acquaintances. I understand that aboul six weeks ago a number of letters vcn sent to Washington asking that I be re tained here , and I appreciate much tlili token of regard. " While he has no knowledge of the matter as ho has not received official notlllcatlot of his transfer , Major Halford thinks tha ho will be Bent to Denver some time durliu the latter part of this month , In order t < be there when the monthly dlsburscmen takes place on July 1. Major Halford lives at 602 South Twenty ninth street , his family consisting of ai only daughter. LixnitAr rou.u\\tt \ C'.IKL/M./J'.S LKAI Junior Senator from ICuntiiclty T.ilces tin Slump . \Killniit Trail SlUer. FRANKFORT , Ky. , Juno 13 Senate Lindsay spoke to a crowded house hero to night. In opening ho said : "Appeals belli ) made to the American people to so regulati the question of coinage under the condition : of 1S95 so as to avenge or right the upposci 'crlmo' of 1S73 , ought to receive no consider atlon. This Is a case In which the deai should bury its dead. The discontinuance o silver coinage by the world at Icrgo In th years between 1S70 and 187i may or may no have been a crime. I am ono of tlioso wh Incline to the belief that the dcmonctlzatlo : of 1873 was a grave mistake , and that th conditions vvouU be better today If German ; and the Latin Union and the United State had contlnucJ the coinage of silver , bu whether a crime or a mistake , the act of 187 \\at > not passed surreptitiously as Is now s persistently cHlmed. It may bo true tha many mcmbcre of congress did not undcratan the effect of that legislation , and the pre'ldcn who approved that bill was not advised of th fact that it Mscontlnucd tno coinage "of th legal tender slher dollars" Continuing , ho dealt sledge hammer blow at the doctrines of the free silver chain plons In this state , and then replied to th plan of Senator Jones to ralso Immediate ! the value of all the s Ivor of the world 10 per cent , but should It bo done , he held tha the 123.000,000 lecal tender silver dollars I cliculatlon and owned by our people woul not have a cent added to their money valui but If , by the magical Influence of an act c congress , the mercantile value of silver ca be Increased from 07 cents to $1 29 pc ounce , then wo may double the value c thousands of millions of silver In hull ; Mexico and other countries. No America would share the benefits of th s mlinoulon Increase except the mine owner and th speculator. Senatoi' Lindsay's speech was < two hours duration and was enthuslabttcall received. During the course of hl remark' ' ho paid a glowing tribute to Secretary Cui llsle's efforts In the cause of honest monej 1HD . > ( ) ! ' Y'/A/I M/.W ) I I'rlvnto t ecrntury'1 hurlior MnUrn un I.ui plintlc Denial of the ( hnrgr. WILMINGTON , Del. , June 13. In an ai dress before the Scott Literary society of tli Wilmington Conference academy at Dove Tuesday night Rev. Dr. Morrltt Hulber pastor of Grace Methodist Episcopal churcl n this city , gave utterance to the newspapc charge that PreaUent Cleveland had gor fishing on Sunday last. The editor of tl Dover Index wired Private Secretary Thu ; ber an Inquiry as / > the truth of the chart and received the ft/ilowlng ars-scr "In answer to your telegram , I beg i state that If Rev. Hulbert said the presldei fibbed on Sunday he told an absolute fals hood. HENRY THURBER , "Private Secretary " On being shown this telegram today D Hulbert said"I read the reference to I ] president In a newspaper while coming fro 1'lttsburg. I did not make the statement de ; nltely , nor with animus. If It had been matter of previous thought It would not ha' been said. I am not given to speaking e\ of a magistrate and dignitaries on anybody authority. " a ii'Ki.M./i TO .s/'K.i/c .IT ci.irii..i.\ Uill Keep Two Appnlntinr-iM hy .Vlenin < n jpcolul I rain. CLEVELAND , Juno 13. Chairman Morr of the local executive committee of the N tlonal Republican league announced ted : that the committee has succeeded In makli an arrangement vhereby Governor McKI 16 ley will keep his engagement to address tl Chautauqua assembly at Ottawa , Kan. , i the 20th Inst , and be present at the co ventlon of the National Republican league i the 21st. The governor will start east It mediately after his address In Ottawa.Tiro ably traveling on a special train as far Chicago , arriving In Cleveland on Friday tlmo to deliver an address at the closing st slon of the convention. Jnpanrto Torpeilo Ilo.it Founder * . SAN FRANCISCO. Juno 13-A private le ter received from a seaman of the crtils Charleston reports the foundering at sea i the morning of May 10 of torpedo boat N 16 of the Japanese navy , off 1'ang-H Island In the Pescadores ) All the vctwe crew except one man were drowned. Amo the lost were tno English and Two Am < lean fceamcn. The lutter'n names arc i ported to IK ? Alfred Law son , formerly r- Hartford , Conn . nnd James Ilratuon , it. Callfornlan Fourteen men comprised t crew. Captain Ozko was n graduate of t French naval ncmlujny and ono of the o ; cere In command of the torpedo tlotl which did fiiicli damage to the Chine fleet at Wel-Hal-Wel. The torpedo be rank half a mile from shore nnd will view of n number of Chlnesu llsherrm who refused rewards offered by Japaru 3 soldiers on chore to rescue their drownl 3e - countrymen , ItrbfU Moving on 1'ucrlo Principe. > m MADIUJD , June 13. Advices have reach „ ' here that two bodies of rebels of COO ea made an attempt to capture Maron s Puerto Principe. KILLED AN UNARMED BOY GcriouB Ohargo Against Q , A , Fortor of Springviow , Nob. ATTACKED A WOMAN AND HER CHILDREN ( Juarrcl Over n Homo Worth 1'robabty Three Dollnri 1'rovo'tei n Trnceiljr Some Tnlk of Lynching the l'rloncr. SPIUNGVIEW , Neb. , Juno 13. ( Special Telegram. ) The murder committed by 0. A. Porter jesterday , twelve miles northeast of this place , was premeditated and clod-b'ooded In the extierne. So says the coroner s Jury anl Porter Is being heU without Kill. The jartlcj reeldo on Spring creek. Porter , the mur derer. Is an old settler of this county , a Jus tice of the peace , and a member of Spring- view post No. 212 , Grand Army of the Re public. The WoodforKf , murdereJ , are a family of newcomers , negroes , from Kansas City or St. Joe , consisting of fattier , mother and ten children , the children being all weak I mlnJcd , and the whole family vcr > much dl- I lapidated. Woodfork. nbout three weeks ago , took their team , two olJ ponies , wagon and harness and left his family , going to part * unknown. Some time ago Woodfork bought an old horse and got Porter to elgn the note with him. When Woodfork left his family Porter came and got the horse and swoic In the presence of some neighbors that ho would kill the whole family. Yesterday Mrs. Woodfork went to where Porter's boy was herding cattle , got the old horse , worth about J3 , brought It home and locked It up In the stable. Porter was seen after seen coming across lots with a doublo-b.nreled shot gun. when the Woodforl : family , thinking It a bluff , ran out to the barn or near by to Kerp Porter from removing the horse. A quarrel ensued and Porter knocked Mrs. Woodfork down with Ills gun , Inflicting probably a fatal wound over the right cje. KILLED AN UNARMED BOY. Ho then turned his attention to the oldest boy , who by this time was on the run over the sand hills and out of range of Porter's gun. A younger boy , standing by the sldo of his prostrate mother , said : "Why , you have killed my mother. " Then Porter leveled his gun on the unarmed boy and said * "Yes , and I'll Mil you , too , " and fired The whole load of buckshot passed thiongh the boy's chest about four Inches below the cliln , making a hole that a good sized man could run his urm through , killing the boy In stantly. Porter then got onto a horse , throw Ills gun on his back and came to town and gave himself up. The Bee reporter has done his best to get a statement from Porter. Ho says ho Knocked the woman down and killed the boy , but did It In self-defense. There is talk of lynching Porter , but It It thought that better Judgment will pre vail. vail.Porter's Porter's bearing before the county Jiulgo has Just closed , and ho pleaded not guilty. It came out In evidence that , bcMdea knockIng - Ing the mother down ami killing her boy , ho snapped a cartridge at nmthcr boy The gun failed to explode , and the boy's llfo was saved. Since the killing Porter has no friends , and groups of men continue to como Into town , and the end Is not yet. I'AIAL. CONCLUSION or A I'KUU Ceorge Klnecn Klllnit Nriir Cordova hy I'rnnk ll.i/rletl. YORK , Neb. , Juno 13 ( Special Telegram. ) As a result of a feud , which has been in existence for years , Gtorge K'ngeii lies dying at the homo of John P. WIddup , and Frank Hazelett has been arrested as his murderer. The murder took place about twenty-five miles southwest of York , near Cordova , to day. day.Klngcn Klngcn and George Boslough were driving from Cordova. They passed the farm of Victor Hazelett. Frank Hazclett , his son , was repairing a fence when they paused. As alleged by young Hazelett , Klnscn , as soon as he saw him. Jerked his hand toward hU hip pocket as though to draw a revolver , whereupon Hazelett opened ilro upon him with a double-barreled shotgun , which was lying near , loaded w th buckshot The main wound Is In the back of the head , yet his back was fa rly punctured by bullets Bos- lough escaped without Injury , although Hazclctt In firing was several jards away when he shot at Klngcn , This tragedy recalls to the mind the feud which has existed between the Haielett'a and WIddup and Klngen. About fho years ago Klngeji resided In York together with his family As a result of some domestic Jar , Mrs. Klngen left him and went to hep father's , Victor Hnzelett's homo. This was the starting of the trouble Klngen circu lated reports that one James .McMullen was criminally Intimate with his wife For an assault on him McMullen sued Klngcn for damage ? and wat > awarded same In the dis trict court of York county Some time after this Victor Haielctt , Mrs. Klngcn and Jams McMullen were driving home from York ono evening and when about a mile from the homo of WIddup , Klngen , who was hiding In a clump of trees near by , slipped out and at the point of a revolver forced them to stop. McMullen In trying to escape wan shot at and barely escaped being killed. For this Klngcn was arre-ted end sen cncel to tl c penitentiary for two years In March , through the cffoitii of John P. WIddup , Klngen was paroled by Governor Holcomb , and since that time has been residing with vYIdlup During the laH few days It sccmn that Klngen has boasted that as soon as his sentence run out he would massacre a few Jozen of these who were li B.rjmintal n endIng - Ing him to the penitentiary The latest reports from Cordova show that Klngen Is dying As soon as he was taken homo ho requested that a prostitute of tills city be sent for She left Immediately for the home of WIddup. Prank Hazclctt came In tonight and gjvo himself up. He was ac companied by several persans. who cxprcweJ a belief that Hazelett was Justified In killing Klngen. Though laboring under excitement , he alleges that ho thought what ho had done was In telf-defense The community of Cor dova IB greatly excltcJ over the affair. llxrlni ; Dim * for In llllnoli. CHICAGO , Juno 13-With the adjourn ment of the legislature , without having1 called up the llumpluey bill , popped nvvnyr the last chance of horse inrlni ; In llllnoln , with a bettlni ? nttaohmcnt , during the next two year ? Ownei.s of Il.iwthorn nml Hurlem , who wore practically conducting the lltht for protective lenli-mUonj hoped up to the laxt day that the Humphrey mil would bo tuk n out of the committees mi'l mulled through There can bn but one out come of the bltiiaUon All the big stakes at Iloilom will be declared off at onco. In cluding the jo.OOO Ueiby and the $10wO ( Gaulen CMty handicap. Munition nt I oner il'Alem Unihangeil. SPOKANH , Wash , Juno n. There la no chance In the labor Hltuatlon In the Couer d'AIeno mines. The Bunker Hill nnd Bulll- van mines arc preparing to resume work on n basis of 13 n day for miners and J ? M ) for carmen and Hhovclcrx. n. lequlalto number of citizens having signed a petition pledging them KUpport. What the re milt will be on resumption Is n matter of conjecture , Tha Mlneih' union nays there will bn no lavvlcsft- ncr ? . but that the compuiy will not bo able to ecciiro men at the cut wages. Men well Infoimcd renpcctliiff th Kltuntlon , however , look for trouble nnd violence. < nloriMl Aeri mult Me U III * Heath , BATTLK CREEK , Mich. , June 13. Fred erick 1'ato. colored , of this city , was killed uhlla making a balloon aeccnslon yesterday at Marcellui.