Harrison press-journal. (Harrison, Nebraska) 1899-1905, March 15, 1900, Image 5

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    TIWITAL
IMPORTANT NEWS FROM THE
SEAT OF GOVERNMENT,
SHACKLES ARE NEEDED
Th Haalth of Our Soldier Eoya In
tha Philippines Calls For
Mors Shackles.
Washington, D. C. March It There
If a god deal of speculation In polit
ical Jtrclea here as to why the admin
istration la not giving out any news
from tne rnurppines. since the death
of General Law ton the much-vaunted
campaign of aubjuitation set-ma to have
gone to pieces. The only thing that
reminds congress that a war is still be
ing waged la that the list or killed
comes In every two or three days from
General Otis and the bills have to be
paid for the maintenance of about 63,000
troops In the Philippine.
WANTS MOKE SHACKLES.
About 150 Insane soldiers brought
from the Philippines are confined In Ht.
Elizabeth's here, and General Otis the
other day asked for a consignment of
shackle presumably to restrain the
growing number of ltvsune in camp
about Luzon.
The administration has been hinting
that It proposes to declare the Philip
pines subdued and then deal with the
bandits by shooting them down wher
ever found. The fact seems to be that
the Filipinos are keeping up their guer
rilla warfare quite as successfully as
at this date last year. A prominent
democratic senator says: "I do nut be
lieve we hold a foot more territory In
Luzon than we did a year ago, and we
have practically no foothold on the oth
er Inlands."
SENATOR FOUAKER'S TARIFF
TALK.
The Porto Rlcan discussion manages
to get around to the Philippine ques
tton In spite of the efforts of the ad
ministration forces to keep that sub
ject In the background, The Philip
pine are becoming a perfect bugbear
to the republicans. Senator Foraker
says quite frankly that: "If we have
the 'open door tu the Philippines we
shall have the product of the whole
world poured Into the United States
and our whole protective tariff system
will fall to the ground."
The democrats have suggested from
time to time In the past year that this
and other problems would have to be
met by the advocates of expansion on
Imperialist lines. Hut, until very re
cently, the republicans disdained to do
more than yell "traitor" st the demo
crats who presumed to ask what sort
of government President McKlnley was
giving the Insular possessions and how
soon congress proposed to define a lol
lcy and accept the new responsibilities
which were acquired in men hot haste.;
TAXATION1 WITHOUT UKPKESKX-!
, , -, TATION. I
It IsVrell understood that the real re
publican policy In relation to the Phil
ippines and similar possessions has
been to Institute some form of colonial
government which would leave the Inl
ands without representation In congress
and permit their abundance of cheap
labor to be used In several directions
for the benefit of the trust Interests,
who find, American labor rather annoy
ing with Its demands for a share In
trsut prosperity.
There is a persistent rumor lately
that the republicans would gladly get
rid of the Philippines If they could.
They do not know how the unload. The
Porto Rlcan tangle has given them an
Idea ff what the people of (he country
will do -to the party which attempts to
make a new construction of the consti
tution, which will exclude subjects of
this government from a share In Its
management.
Secretary Hoot is going to cnba Mo
study the conditions of the island,'"
Home hint of dissatisfaction in Cuba
must have penetrated to the war de
partment. It Is high time the adminis
tration made up lis mind about Cuba.
WILL TAKB TO THE WOODS.
Samuel Gompers. president of the
American Federation of Labor, has Just
returned from Cuba und says that the
desire- for Independence Is very strong.
The Cubans threaten that unless their
independence is assured very soon, they
will "take to the woods." Spain discov
ered what this meant. Perhaps Sec
retary Hoot will get n Inkling of it
If he keeps his eyes ami ears open. The
Cubans complain that they are worse
off now than under Hpunlsh rule. For
they had some representation In the
Spanish Cortes, and here they are kept
for more than a year after the close
of the war under military rule. The
republicans really wish that they knew
themselves what they are going to do
with Cuba.
PEOPLIVXMONANT OVF.K BLUN-
DKR8.
The rjirtnoerats In congress feci very
hope.tover the prospects of the patty
In the coming flection. Mr. McKlnley
and his own congiess are making so
many blunders that the people all over
the country are Indignant.
There Is the whole policy of Imperial
ism which the Porto itican debate pre
cipitated. The single gold stand. ird
would have been enough in Itself to fur.
nlsh the democrats a good campaign Is
sue. The Hay-Paune efote treaty, re
viving the C'layton-Hulwcr ireaty.show
ed how far the understanding and nlil
ance with Great Jirltaln ha gone, Ex
Consul Macrum's disclosures as to the
opening of his official mall by the Brit-l.-h.
tensors are yet to be investigated.
The Industrial commission brings In a
censored report to bolster up the po
sition of the trusts. The Idaho mining
investigation shows that the adminis
tration permitted the use of United
States troop to terrorize the citizens o(
that state and so the list of blunders
might be continued Indefinitely.
The democrats stand for the rights of
the people In the United Wales and the
protection of the constitution wherever
tha flag floats. If the people of our
Insular possessions are not tit to enjoy
tho privileges of the constitution the
democrats hold that this country has
no business with that kind of expan-
"'"'BUBONIC PLAOCn TO HOOT.
Thfc.bunnlc plague Is spreading In
!Uwl and Burgeon General Hternberg
and, J associates admit thst there Is
great difnger of Its spreading to this
country. The Infection Is often carried
by rats on shipboard. If the bubonic
plague Is to be one of the results of
trada with Hawaii, there are a good
many people In this country who would
prefer to do without that trade.
republicans rather ruefully admit
that It would not look well for the ad
ministration or Its followers to express
sympathy with the plucky struggle of
the lioers for freedom while we have
a war of subjugation on our hands In
tne Phlllpp...-. Ilepresentatlve Hulsei
has a resolution of sympathy with the
Boers burled In some committee room,
front which It to not likely to emerge.
EtlLPZU KIATCUATWAH.
Allan and Thurston Speak Highly
of the Lets Senator,
Washington, D. C, March H.-Kulo-gies
on the death uf the late Kenator
M L. Hayward of Nebrabka were held
In the senate Saturday. Memorial ad
dresses were delivered by Senator
Thurston. Fairbanks, Knooner and Al
len. In the order named. All but Sen
ator Spooner spoke from manuscript.
Senator Thurston spoke for twenty
minutes, dwelling upon the energy with
which the deceased had cut out his own
way in life, from comparative obscurity
to comparative political success. He re
ferred to the fact that the death of
Senator Hayward furnished a unique
Instance in senate history. He was the
only man elected who, without having
been sworn In, had !n eulogized In
the senate. He also referred to his race
for the governorship.
He paid the usual tribute of respect
and admiration to the memory of the
deceased, and embodied in his remarks
the address of Itev. H. L. House, deliv
ered at Senator Hayward's funeral at
Nebraska City.
.Senator Fairbanks, who sioke'brlefly,
referre to his short acquaintance with
.Senator Hayward and to his ideal home
life,
Senator Spooner In a like manner al
luded to his brief acquaintance with
the deceased, ye--s ago, saying that
Senator Hayward had lived In Wiscon
sin before he went to Nebraska. Al
though he had never been formally
sworn In, he said, the senator had
many times taken the oath to support
the constitution, beginning with his en
try Into the army at tho age of 20.
Senator Alien consumed ten minutes
in paying an eloquent and earnest trib
ute to thn m,.morv tif thu HwnaobH In.
tervenlng distance and political affilia
tion, ne saio, nao prevented an intimate
acquaintanceship between the deceased
unit hirilMt.lf ftnri their huit tint lis.eri
thrown together frequently in that way.
ouc. ne was acquainted wun tne enarac
ter of Senator Havward and resneeted
and honored him.
' The speaker referred to the noble
hrmn life t,t thr ,teeonuu,t unA o 1 1 rte i 9. ..1
lta uti, ...out, I., r..O.Un .! ..!,,.. ..!..
Hons. lie was a good lawyer, he said,
aim a just junge ana nonest nunc in
charac ter in politics. Senator Allen add
ed, was in nn-pct contrast, to mat, 01
many or nis associates.
Iff. Gri.lM An rnjm! 1 tr i,t 4h.. InUB ti Clie
slate Incurred by the death of Senator
Hayward and said that he had dally
prayed for his recovery as he watched
cue ouot-iiiin uuijiik inn mm iiiucan.
Thf. aenntit Imtrli ti ti! r it rlti it I rnH nil
..... ........... .1 ............ ,J U'.J.'U - ....
a further token of respect at the close
of Kenator Allen's remarks.
tinnnti, r TV, t , re e ..ri nf V ,.V,r i lilr n Ir.tr-.i
duced a resolution directing the secre
tary of the Interior to inform the senate
If any leases had been approved by the
interior department for any coal or niln.
eral lands embraced In tho Wind Rivel
reservation, Wyoming.
TAKEN FROM THE CRYPT.
Remains of Abraham Lincoln Are
Removed,
Springfield, III., March H. The re
mains of Abraham Lincoln were trans
ferred from the erypt of the National
Lincoln Monument to a temporary vault
Just north of the monument and on the
bro wof the hill overlooking Oak Ridge
cemetery. The removal of the body
was made necessary by the demolition
of the monument preparatory to its en
tire reconstruction on a different plan,
for which 1100,000 was appropriated by
the last legislature.
The ceremonies attending the transfer
were very Informal. State Treasurer
Whlttemore and Superintendent of
Public Instruction Hayliss, representing
the present board of trustees of the
monument, were present and witnessed
the removal of the casket in their ofll
clal capacity, anil the Lincoln Monu
ment nssaclatlon, the Lincoln Guard of
Honor and the J. A. It. were also rep
resented. None of the relatives of the
dead president were there. When the
cedar box containing the metallic cas
ket was exposed to view It was found
to be In a bad slate of decay, and In
a few years more It. would have been
entirely rotted away. This is due to
the moisture which has found Its way
Into the concrete, masonry which form
ed a covering for the casket. The cas
ket Itself was not openeel, that cere
mony being postponed until the remains
are placed In their final resting place
upon til" completion of the new mon
ument. The temporary vault prepared
for the caske t Is twelve feel square ami
constructed with double dec ks thus in
suring room for the sjx ho tiles now
under tile monument.
SUGAR TRUST DISCHARGES MEN.
15,000 Employes Laid Off With
out Apparent Cause.
New York. March 12 The Hugar
Trust, otherwise known as the Ameri
can Sugar Refining company, discharg
ed .VH) men from nie of its Brooklyn
factories, and l.l'iO from Its Jersey City
winks. It gave them no reason, nor
notified them that their services would
be needed again.
Wall r treed got the Information early,
and the result was that Sugar was one
of the weakest features of the market
at the opening, especially since traders
were Inclined to associate the closing
down eif the Ji-rscy city factory to the
effect of the Puerto Kiean tariff bill.
The five hundred men set Idlee In Wil
liamsburg workeJ In what Is known as
the "lirooklyn house," one of the great
rellne rles at the corner of Second street
anil Kent avenue. They received H'j
cents an hour and labored from ten to
twelve hours a day, with half an hour
for dinner. This factory Is a re-serve
refinery. The men had been employed
ibout six wee-ks. Most of them under
stood that they had several months'
work before them, and the sudden and
unexplained "laying oft" met them 111
prepared.
. i m -
yon HOLD I EI l H IN PHILIPPINKS.
New York, March 14. A society which
was formed In Philippines some tlml
ago to aid the sick und wounded Amer
ican soldiers there, has been reorganis
ed since the return of Mrs. Henry W.
Ijiwton to this country. The object of
the society Is to send regular contribu
tions of books, games, delicacies, etc..
to Manila. Pae kages shoulel be plainly
marked and sent to Mrs. K. II. Lincoln,
Manila, P. I. For Information,' all per
sons are requested to address Mrs. II.
W. Law ton, president, pewee Valley,
Ky. James K. Oracle, 8 Hroadway, N.
Y.. and Mrs. W. B. Cowles, 1723 N
street. Washington, U. C.
ITUClii'.
TAYLOR'S SOLDIERS DEFY CIVIL
AUTHORITY.
BLOODSHED EMINENT.
Taylor Refuses To Allow Civil Offi
cers To Arrest Coebel's Alleged
Assassins.
Frankfort, Ky., March 32. The situ
ation here reached a point of excite
ment Saturday, almost approaching
that of the stirring times immediately
following the assassination of Goebed.
The relnstatemt-nt of the military pow
er In complete control of the state ex
ectlve building, and the refusal of the
military authorities to allow the local
police and civil ofllcers to enter the
building for the purpose of arresting
Secretary of State Caleb Powers and
Captain John W. Davis, charged with
being accessories to the Goebel assas
sination, and the probability of a con
flict between the civil and military au
thorities made the situation look seri
ous during most of the day.
City Marshal Klchardson applied at
the executive building and demanded
to be admitted for the purpose of ar
resting Powers and Davis, but- was
turned back and the warrants were
then turned over to Sheriff Suter. The
latter also presented himself at the ex
ecutive building una demanded admit
tance. He was referred to the oflleer
In Charge, Colonel Morrow, and the
latter being found, said: "I am sorry,
Mr. Sheriff, but it Is against Governor
Taylor's orders to let any one Into the
building today."
Sheriff Suter then held a consultation
with County Attorney Poisgrove, Com
monwealth Attorney Franklin and oth
er officials.
TO PKFVKNT KSCAPK.
Meantime the police had been dou
bled and n detail of the coppe rs guard
ed each of the entrances to the state
house grounds to prevent the men
wanted from escaping, if they should
attempt to do so.
At the conference between the nlll
ials it was decldeel that the sheriff
should summon a. large reserve force
of deputies, to be called into use in
vent it was decided to attempt to enter
the building by force to make the ar
rests, and In pursuance of this the
sheriff swore In fifty men who were sta
tioned In the nelghhnrhooil of the sher
iff's office during the afte-rnoon.
Sheriff Suter made another attempt
lo get an audience with Governor Tay
lor In the afternoon, but was unsuc
cessful. The streets were blocked with people
In the vicinity of the state house, but
Ihere was no open demonstration, tho'
it was evident the populace was on the
ide; of the civil authorities.
At 3 o'clock Sheriff Suter. having
failed to get any sort of understanding
with the? military authorities, as to the
arrest of the parties, submitted the case
lo Democratic Governor Beckham to
Jeclde? to what extent the civil ofllcers
hould go te gain admittance lo the
building for the purpose of making the
irrests.
It is now said that If the Tripled
resolutleen. carrying an appropriation of
ilOO.uoo for the purpose of equipping
Beckham's state guard, passes the
house tomorrow, several new compa
nies of militia are to be mustered in
this week and be ready for Immediate
action.
MAKES SLY F-SCAPK.
Secretary of State Powers and Cap
tain Davis were slipped aboard a Ches
apeake & Ohio train at 8 o'eleck in the
venlng and speeded toward Lexington.
A squad of soldiers, coming from the
governor's mansion at double quick,
caught tho train Just before It pulled
nut. With them were Powers and Da
vis, dressed in soldier's uniform and
before the guard of deputy sheriffs be
rame aware of what was going on, the
train left.
The escape of Secretary of State Pow.
?rs and Captain !uv!s from this city to
Lexington was so neatly laid and exe
cuted that It took the police und big
force of deputy sheriffs, appointed to
stuard the entrance to the eapltol
grounds and prevent their escape, off
their feet when they realized what had
occurred.
"All aboard!" called the conductor,
and the train started off. As it did so,
1 soldier dashed from the corne r on the'
opposite side of the street and throwing
hlmsedf upon the platform of the second
?r. Je rke d the bell cord and the train
which had only gotten to moving slow
ly, came to slop. Them quick as a
flash, thirty soldiers with Powers and
Davis In their midst, each In regulation
full dre-ss uniform. Instantly rushed
upon the cars. Lieutenant Colonel Mor
row was in charge of the squad.
CftOWD KINDS IT OCT.
When the train pulled out. tne.st of
the crowii, including the police, think
ing no effort was made to take Powe rs
and Davis out of town, turned and
starteel to leave the station, and it was
cveral minutes be-fore the truth eif the
escape of the men was definitely
known. Persons who were on the op
posite side of the train, however, nnel
who saw the soldiers as they innde the
rush upon It. recognized both Powers
and Davis, and In a few minutes the
.tty was Inflamed with the information.
Chief of Police Williams immediately
sent tele-grams to Lexington, Midway
and all stations along the toad, notify
ing ofllcers of the escape and ordering
the mto be on the Piokout, The train
makes no stop between here and Lex
ingtem, but these stops were made In
the event that they should compel the
train crew to stop the train between
here and there, for arrests.
CITY TO OWN WATERWORKS.
Dubuqu6 Will Try Municipal Own
ership Scheme.
Dubuque, In., March H. The coun-cll'rcnntrae-t
to buy tho water plant for
J.'i4.ri,000 was curried with little opposi
tion tit a special election. The system Is
ti miles In extent and is supplied by
artesian wells. The company was char-le-red
In 1870 for firty years, with a pro
vision that the city might buy after "n
years at a price to he fixed by ap
praisers. The appraisers disagreed and the
cafe was In litigation when a commit
tee' of citizens appointed by the council
reached an agreement with the com
pany. I'nder the Iowa statute the prop
erly will be- manage el by three trustees,
appointed by the district court, and
they will undertake lo float bonds se
cured by the plant, Its revenues and the
water tax.
0T1N6 TOO PAST FOR OTIS.
More About His Method of Keep
in Deaths a Secret.
Plattsmouth. N.-b (Spec lal ) Th.
charge that the number of deaths it,
the Philippines Is being systematic ally
suppressed would si-nn to be corrob
orated by an Instance In whieh Ne
braska is Interested.
It will be remembered that Lieuten
ant Waugh, whose parents live it: this
city, committe-d suicide in the Philip
pines February 27. i Mr. and Mrs.
Waugh learned of tbwr son's death
through the World-Herald, and up to
this time have received no official no
lice from the war department concern
ing their son. On Febr uary 25 Mr. and
Mrs. Waugh received a letter from
their son, from which the following ex
tract is taken:
"I was sent front Ibaan to Kosario
the night of the 7th of January with
thirty-three of the men. We left at
8:30 p. m. and reached Itosario at
twenty minutes to 3 the next morning.
At about 11 p. m. a party of bolo men
atac ked our front, the advance party,
and Sergeant Balieu was cut on the
hand. We captured the bolo and the
Filipino, and I believe killed several
others. The Filipino that we caught
was the one who did the cutting. The
men mauled him up In a horr ible man
ner, but he did not die?. I got there just
as they were going to shoot him.
"About an hour later our rear was
fired into by some one in ambush and
Private Newlon of Fremont was killed.
He died instantly. Private Chandler
had his gun all shattered to pieces. We
had a terrible time. Had marched from
Batangas to Ibaan that afternoon and
the men were all tired to death. We;
had to carry Newlon for over four
miles, not knowing when we would be
attacked again.
"Newlon was a fine boy and he was
liked by all of the men. We buried
him in Kosario, and the men hardly
realized he was dead till after taps
was sounded over him. Then one or
twe of them broke down completely."
Mrs. Waugh, not having seen any ac
count of young Newlon's death, wrote
to his parents in Fremont, it now de
velops that Newlon's parents had never
been notified ejf the-lr son's death, nor
that fact been made public In the ca
ble reports. From Lieutenant Waugh's
letter it will be seen that young New
lon was killed January 18. Newlon's
parents nor the public did not learn of
Newlon's death until six weeks after
the same occurred, and then the infor
mation came through Lieutenant
Waugh's lette-r to his parents.
SIGNS HIS OWN WARRANT.
How the Chinese Emperor Was
Made to Resign.
Vancouver. B. C (Special.) Chinese
advices say that in effecting the de-thron-ment
of Kauong Hau, on January
24, the empress dowager practically
forced the monarch to be the author of
his own undoing to the extent of re
nouncing the throne, proclaiming anew
emperor and practically asserting him
self a usurper, by stating that his elec
tion to succeed Tung Chin had been
discovered illegal. The de;cree of re
nounciation says in part:
"Now be It also known that when
selected to the threine It was then
agreed that if we should ever have a
son. that son shoulel be proclaimed heir
to the throne, but ever since last year
OK1J8) we have been constantly 111 and it
was for this reason that the empress
dowager graciously acceded to our urg
ent prayers and took over the reins of
government in ortbT to instruct us in
our duties. A year has now passed
and still we find ourselves an invalid,
but ever keeping in our mind that we
do not belong to the direct line of suc
cession and that for the sake of the
safety of the empire of our ancestors a
legal heir should be selected to the
throne, wc agnin prayed the empress
dowager to carefully choose from
among the members of the Imperial
clan such an one and this she has done
In the person of Pu Chun, son of Tsaf
Yl, Prince Tuan, second order."
LEGISLATURE HAS THE RI6HT.
Initial Legal Battle Is Won By the
Democrats,
Louisville. Ky., March H. A decision
sustaining the contention of the demo
crats that the legislature Is the tribunal
designated in the constitution for the
determination of contests for the office
of governor and lieutenant governor,
was handed down by Judge Fields. The
republicans will appeal the case to the
state court of appeals, and If the tie.
cislon there Is against (hem will try to
get ii hearing before the Foiled States
supreme; court.
Judge Fields reviews the history of
the case and the pleadings of both
sides, but eli vote s most of his attention
to opinions from courts of Inst resort,
showing the competency of the legisla
ture to decide suc h contests.
He emotes the reports of the con
test board's finding in favor of the dem
ocratic contestant for geivernor and
lieutenant governor and says tnat while
the leglsluture was dispersed by militia
be fore these reports were acted upon
and was barred from Its usual sitting
place, the records of the general assem
bly show that the reports declaring
BiH-kham governor were adopted by a
quorum of each house of the legislature.
This showing of the records he holds to
be sufllclent.
The line of authority to the effect
that the courts cannot inquire into the
motives which Induced the action of
the li-glsbitlve brunch he declares Is un
broken ard must be taken as the law.
STATE HORTICULTURAL SOCIKTY.
Omaha, Neb. (Special.) The execu
tive board of the Nebraska State Hor
ticultural society met at the Barker
hotel on Friday, all the ofllcers being
present. It was decided to hold a sum
mer meeting about July 18 at North
Platte, If suitable arrangements can bp
made, and a program was outlined for
the occasion. Arrangements were made
to continue the supply of bulletins to
the press of the state throughout the
spring and summer. The forthcoming
report was roughly drawn up and the
board adjourned.
M RIOTS DIOATII UNDlOIt TUB ICF.
Chamberlain, S. D., Marc h 1.1 Henr
Bock, an ohl resident, while- attempting
to cross the Missouri river on the ice,
south of town, broke through and wii
drowned, lie maelo a desperate flKbt
for -life, hanging ontei the Ice for fully
an hour and a half, waiting for asslsl
ance, but finally became exhausted unci
passed under. Hock leaves a wife and
two sons. The 'ce bridge In the Mis
rourl has begun moving here, the earli
est break-up In a nu nber of years.
BIB SUITS.
ATTORNEY GENERAL SMYTH
SUES RAILROADS.
All AGRESSIVE FIGHT.
rhe Old Maximum Freight Rate
Law Is Revived In tha Supreme
Court of Nebraska,
Lincoln, Neb., March 13. When the
railroads of Nebraska induced the state
board of transportation to rescind the
carload rate order, and then secured
from Judge Munger of the federal court
a. restraining order to prevent the board
from ordering: any reduction in live
stock or other rates, they themselves
boldly reopened the rate war and invit
ed such retaliatory measures as lay
within the power of the state to em
ploy. The result Is that late Saturday aft
ernoon Attorney General Smyth, who
has been hard at work on the matter
for several days, filed with the clerk of
the supreme court suits for heavy dam
ages against the Union Pacific Railroad
company, the Missouri Pacific Railroad
company and the Chicago, Rock Island
& Pacific Railroad company for viola
tions of the maximum freight rate law
uf 1893. The amount for which the
Union Pacific is sued is $635,000, the
Missouri Pacific for $435,000 and the
Rock Island for $310,000.
DECIDED SURPRISE).
The suit comes as a great surprise
to the state board of transportation,
to the railroads, and doubtless to the
public: at large, who have believed the
maximum rate law to be dead and
buried, in ennaequence of the decision
of the United. States supreme court.
Tho attorney general holds, to the con
trary, that the law is still operative,
constitutional and valid. He bases his
position on the ground that the deci
sion of the supreme court was express
ly dec lared to be binding only on the
parties to the suit the railroads who
came Into court and showed that their
gross earnings, under the law, would
be reduced so far as to prevent a fair
return, on their investment.
UNION. PACIFIC'S POSITION.
But the three railroads named were
not parties to the suit, and are said,
therefore, to be legally bound by the
provisions of the act.
In the recent carload rate hearing, be
fore tho board of transportation, At
torneys Kelly and Baldw in showed con
clusively that the present Union Pa
cific Railroad company was not bound
by the carload rate order of 1837, for
the reason that it did not come Into
existence until January 1, 1898, when
it succeeded by purchase, the Union Pa
cific Railway company, which then
passed out of existence. This being
true it follows that the Union Pacific
Railroad company could not have been
a. party to the maximum rate suit, and
consequently is still subject to the pro
visions of the law. 1
The Missouri Pacific and Rock Island
were not parties to the suit, because of
section i of the law, which reads as
follows:
"AH railroads or parts thereof which
have been, built In this state since the
first day of January, 1889, or may be
Built before the 31st day of December,
1899, shall be exempt from the provi
sions of this act until the 31st day of
December, 1899."
REOPENS THE! OLD QUESTION.
The result of all this is that the max
imum rate law will again go through
the courts, the Important difference be
tween this case and the first one being
that the trial will be held first before
the state supreme court, before which
ill the evidence will be introduced.
The result of all this Is that the max
imum rate law will again go through
the courts, the important difference be
tween this case and the first one being
that the trial will be held first before
the state supreme court, before which
ill the evidence will be introduoed.
If the case should be won by the
state, and taken by the railroads to the
federal court, the preparation of all the
evidence to go up will be in the hands
of the state court. Further than this,
the case for the state will be prosecut
ed by men In entire sympathy with the
law, and there can be no room for sua
plclon, shoulel the case again be lost,
that everything possible was not done
to win it, or that the case was so con
Jucted as to make Its loss almost in
evitable. LATH DECISION OFFERED.
In connection with the trial of the
rase before; the Nebraska supreme court
the following extract from the syllabus
of the telephone case decision, handed
lown by the supreme court on Thurs
lay last, and written by Judge Sulli
van, will be of interest:
"The enactment of 1893, known as the
Maximum Rate Law,' apfa'ars upon
its face to be a constitutional and valid
act; and there Is no presumption that
Its Immediate execution would deprive
freight carriers of their properly with
out due process of law, or deny them
?ejual protection of the laws.
"This court does not take Judicial
cognizance, of the net earnings of rail
road iconipanios and cannot assume
without proof, that the 'Maximum Rate
Law' Is now, or was at the time of Its
.-nactment, confiscatory legislation.-
"A Judgment Is binding only between
the parlies to the action in which it
vns rendered; It Is of no force between
jther litigants."
FEARED AN INJUNCTION.
It iB probable that the reason tho nt
torney general has said nothing, even
to the members of the board of trans
portatlon, about his intention of filing
these suits, that he feared, In the event
of Its bi-comlng known, the railroads
would enjoin him in the federal courts
from Instituting the proceedings.
BINDS THE STATIC! BOARD.
This action of the attorney general
will again tie up the state board of
transportation, so far as Its recent and
prospective orders reducing fredght
rates are concerned, ns the fight will
now be on the part of the stale to en
force the rate s prescribed by the uc t
of 1893.
roLDirOR'S SENTENCE COMMUTED.
Washington. D. C. March 13. The
president bus commuted to Imprison
ment for life the sentence of death Im
posed by court rnurtlal In the case ot
Private Oeorgo Murphy, company C.
Twenty-fourth Infantry, convicted of
ie murder of another soldier of the
name company In the Philippines.
KRvXR CFFEXS TltaUffa
Transvaal and Fraa Stat WIIIliK
to Hava Paaoa,
New York, March . "Preill
Kruger made his offer to cease hostili
ties in order that Great Britain may tM
responsible for the slaughter which. Is
inevitably coming to her troops," said
George Van Stolen of counsel to Uuj
Boers in this country.
"The Boers have given England
chance to retire gracefully after recent
successes, and Mr. Chamberlain, in let
ting go the opportunity, makes himself
responsible for the terrific carnage ot
the English soldiery which must inev
itably ensue. The offer to cease hos
tilities was made in good faith, of
course, but I have definite informatloa.
tnat it had this double purpose.1
London, March 13. Nothing more offi
cial has come through from Lord Rob
erts, but from other sources I learn
that the road to Bloemfontein is really
clear, as was first intimated Friday,
and a march of fifty miles will bring
the British front to the Free State
capital. Accord In gto a story received
from a Boer source 12,000 British are
threatening the burghers in the neigh
borhood of Helpmakaar.
Usually when news is scarce there la
a plentiful crop of rumors, but thera
were few of these, and logical London
ers were too much occupied by the
queen's visit or rather in bidding her
farewell on her return to Windsor after
her two days' stay in the metropolis
to heed any Idle rumors, or anything;
less than authentic official news.
There was, however.one rumor which,
got afloat Just after the queen left tha
city. That was that hard pressed Ma
feklng had been relieved. That, ot
course, caused something of a flutter,
for reports of how the little garrison
has been hotly and indeed desperately
bombarded by the Boers during the
last few days have been received with,
serious misgivings here.
Military wiseacres have shaken their
heads and expressed the opinion that
hotly bombarded Mafeklng could hard
ly hold out much longer, and that with
out Immediate relief Colonel Baden
Powell's gallant little band must eitb.ee
be destroyed or surrender.
Whatever hope was inspired by tha
rumor soon fled when the war office
stated that there was no foundation,
for the report that Mafeking had beea
relieved.
With regard to Presidents Kruger'a
and Steyns reported overtures for peace
I learn that the government does not
consider that the time has yet coma
for any authoritative statement of tha
ultimate terms of peace, and no mem
ber of the cabinet has authorized any
published statement on. the subject.
It Is, of course, generally understood
among all political parties in this coun
try that so far as the South African re
publics are concerned the status quo
ante bellum cannot remain unaltered
after the close of hostilities. Only then
can the ministers finally formulate the
terms of a settlement or make a publla
announcement of their plans.
In the military clubs the desore for
peace was credited to the enemy and
very generally and freely discussed.
While a speedy termination of the war
Is considered desirable, the consensus
of opinion seems Jto be that the gov
ernemnt would be wanting in its duty
to the war ofllce and the army gener
ally, if it negotiated in any way until
the British flag flies over Bloemfontein
and Pretoria. This spirit, military men
say, ought to characterize any replv t
Boer overtures from England.
From another quarter it is asserted
that President Kruger is attempting
to gain time in order to complete pre
parations against the British advance;
in the Transvaal, but this apparently
Is mere speculation.
HOW TO THROTTLE A TRUST.
Russia Has a Scheme to Get Rid ot
the Oil Trusts.
Odessa, March 12. Russia is prepar
lng a scheme for the conversion of tha
entire petroleum monopoly of the Cau
casus into a government monopoly Irt
order to forestall the Standard and the
British companies. Minister of Finance
Witte bases his action on the fact that
a combination of foreign proprietaries
have by purely speculative process
raised the price of naphtha three-fold,
and the enhancement steadily contin
ues. Witte rias failed in many efforts to
persuade the Russian and foreign pro
prietaries to content themselves with,
smaller but reasonable profit. He has
received many strongly worded repre
sentations on the subject from people
who have the public interest at heart.
This may or may not be the pretext
for launching the monopoly project, but
in many quarters it is believed the min
ister, encouraged by the success of the
liquor monopoly, ia desirous of attach
ing the immense revenue from the pe
troleum industry to the exchequer.
The scheme will be energetically op
posed by foreign proprietaries, the ma
jority of whom are British, but the
ministerial position is sufficiently strong
to bear down the strongest opposition.
In the matter of compensation Witte
will no doubt deal generously with tha
expropriated foreign companies.
DAVIS AND POWERS CAUGHT.
Police Capture and Place Them In
Jail at Lexington.
Lexington, Ky., March 13. Almost
without warnlg the storm center of ex
citement in the present gubernatorial
struggle shifted to Lexington Saturday
night and until a late hour the town
was In an uproar. The 8:40 Chesapeake
& Ohio train from Frankfort brought
with It in one car to themselves Sec
retary of State Caleb Powers, Captain
John Davis, a Capitol square police
man and Lieutenant F. R. Peake ot
Covington.
Intelligence had preceded them that
they were on their way to Lexington
and were trying to make their escape.
When the train pulled Into the depot
the entire police force of this city, un
der Chief John McD. Ross nnel Sheriff
Henry Kosworth, and with a large
force of deputies, boarded the train.
On entering the coach the officers found
It contained about twenty-five soldiers
with Powers and Davis, the soldiers
being under command, apparently, ot
Lieutenant l'eake.
Lieutenant Peake sprang te his feet
nt once and commanded' the. soldiers to
clear the car. In an instant twenty re
volvers were drawn by the officers and
they all leveled at Peake, who gamely
tried to pull his own revolver, but as
he drew it from th? scabbard a police
man smashed liim across the head with
his club and then prevented what might
undoubtedly have resulted in a tragedy.
The' sher iff commanded the conductor
to get off the car. The conductor re
monstrated, stating that the train car
ried United States mall, and the de
mand was not pressed.
"....