T THE BED CLOUD CHIEF. POINTER AGAINST PASS New Executive is on Record Against Free Transportation. ASKS JUSTICE FOR THE BEET GROWERS Calls Attention of the Legislature to the J.-ds of the Various State InstitutionsMentions the Great Growth of the Dairy Indus tryA Short, Pithy Message Gentlemen of the Senate and Ho use f Representatives: Having been cho ic ii to the hlghrst office in the fltnto by the votes of the people, In compli ance with the provisions of the consti tution, before assuming my active du ties, I desire to address you briefly. ou have hnd presented to you very lily by his excellency, (lovcrnor Hol L'omb, Uio condition of our public In ititutlons, and rocomiucdatlous result ing rora his perfect acquaintance with ulTnlra acquired by liln term of office ns chief executive. Coining as I do from the wulks of private life, the ob icnotioiifi nnd recommendations which I now make to you mtut of lie ecsslty Ijo eolcly of those matters of general public interest with which ev ery 'a ell informed citizen in the state In cuppoftcd to be familiar We recognize that the primary povv rr mta In the hands of ihc people, stid that their will should ut all times lie considered supreme. Men are so constituted that differences of opin ion always havo existed. So In n gov ernment of tho people some rule must lie established determining the man t.rr of adjustment of differences and the only means for such detrrmlnn'Inn must rest with the majority. Hut while the majority must at all times rule, the right of the minority to a free discus. Ion and n candid presentation of Its opinions should neer In a free govern ment be abridged. Tho three func tions of our state government, as es tablished by our fundamental law, the constitution, arc defined to be the leg islative, executive nnd judicial, and neither of these "Khali exercise any powir properly belonging to either of tho others." They nre each alike rc iponrlble to the people for the manner In which they discharge their d'llies, and it la impossible to make ary (in ference of political opinion which, might exist between those who are the elected representatives of the people In ony one of these departments of government a reasonable excuse for any failure of duty to tho citizens of the (ate. Partisanship may bo bitter before election, but tho will of the peo ple having been expressed, citizenship thould rise nbove partisanship nnd the welfare of our people, the material ad vancement of our industries, the good name nnd fair fame of Nebraska hould outweigh, all partisan udvant ge. It 1 my most sincere desire that we slinll co-operute for tho best interests of the state. To you Is entrusted the law making power of the Mate, nnd tho apportioning of the revenues among tho various state institutions, la the enactment of wise nnd bene ficent laws and the just and economic apportionment of public funds, I pledge you In advance my sincere and hearty assistance. The welfare of tho state ahall at nil times be my first con sideration, nnd I ahall never 'hesitate to use the power conferred upon me by the constitution to withhold my approval of nny measure which you may enact that I consider Inimical to the public good. Nor shall I withhold lay approval of nny measure you may pass In the public Interest. If any dif ferences In judgment hhould arise I am ready to accord to you tho samo hon esty of purpose and desire for the peo ple's welfare that I claim for myself. The interefcronce with, or the usurpa tion in any way of the power of one branch 01 the state government by another, which the constitution de fines as co-ordinate, Is dangerous to the liberties of the people. IIcik'c I deem the veto given by the constitu tion to the governor u power that should only be used as a last resort to prevent unjust or hurtful legislation. Vow nre Uio rccognUed law making power direct from the people, and to them you must render an uccount of your actions as their representatives. Having done your work carefully and conscientiously, that work thould stand until the people express a deblre for change. Too olteu, noncver, tno work or the legislative department is made In effective by our judiciary. Kven the sentiment is gaining in the minds of the people tiint no act of the legisla ture U a law until it has the approval of the courts. This, If true, makes the legislature useless. Not only so, tout It destroys ono of the co-ordinate brnnoh.es of state government. Tho nullification of so many laws by our courts, I nm ltd to believe, Is not oc casioned by tho intention of the court to usurp the authority of tho legisla ture, but more on account of the Inad equacy of our constitution, mis was adopted nt a time when our state was new, its resources undeveloped, nnd Its settlements meagre and spnrcely dU uibuted, Wltlrour splendid develop, ment, our Mate has outgrown many of Ur constitutional provisions, and the endeavor of the legislature to meet by law existing conditions, is ham pered by luudcquate constitutional powers. To meet tills growing de mand, nearly every biennial session submits to the people amendments to the constitution, lint In the press of other matter, and in tho excitement of political campaigns, they are lost sight of and fall to receive the popular ratification. In my opinion thould-ypu. make proUsloua.Jur'tlftf ejalllhfip'ol;. ft consmuiu"u ,ro u,jii wsv.fw Jci, " imii wiwi mo census tvXS -Vil .' r ArlJ I. 11, section 7, of tho consti tution ...skes it mandatory upon you to prevent by law "unjust discrimina tion nnd extortion In all charges of ex press, telegraph nnd railroad compan ies In this state, and enforce such luws by adequate penalties to the extent, If necessary for that purpose, of forfeit ing their property and franchises." This provision of the constitution Which you liuve taken your oaiu to support ullows you no opportunity to escape icsponslblllty. If the laws which we already hae upon our statute books are sufficient nnd only lack penalties for their enforcement, then your duty is plain. Penalties should be nttnehed to compel compliance, if the existing laws are Insufllcleut nnd full to CAtabllsh justice between the people and the corporations, they should be promptly repealed and oth crs enacted by you which would ac complish that purpose. Other states in dealing with the cxed question of transportation hate In a great meas ure solved It In the election by the pco- plo of n commission with adequate power for the regulation of rates nnd the final adjustment of differences which might urlse between the pco plo and the corporations. Our consti tution docs not permit us to so provide nnd In the endenveor to ocreomc this difficulty the legislature of 1885 placed the burden of the responsibilities of a railway commission upon n portion of the executive department, nnd at the same time rclleing the state exec utive officers designated in that act from the labor by allowing them three secretaries to do the work, and finally gave the secretaries nil the power con ferred by the act upon the executive officers composing the commission. At various times since iss., tn.s law nas been nmended, but I think Its most ardent supporters will not claim that it lias been either successful or satis factory. The people for years have asked relief from unjust and cx- tortlonnto transportation rates. 'Ihey have asked bread and have been given n stone. It Is a question whether pow. er which the constitution places in the legislature can be transferred by it to a commission. Could that bo done you might make It mandatory upon the railway commission to fix n just nnd equitable schedule of transportation rates and confer upon them the pow er of enforcement which you possc&s under tho constitution. Were the Com mission an elective office, and its in cumbents chosen by the people, then its duties nnd powers could be defined by legislative enactment. Hut being created by legislative net in n round about way to avoid the plain provis ions of the constitution, and to permit the legislature to shirk Its responsibil ity It can have really no legitimate powers and consequently can only be advisory nt best. Whether the work which the commission does in the col lection of statistics, the arbitration of difficulties between the corporations nnd the citizens of the btatc is of suf ficient value to warrant n continuance of the present law Is for your wisdom to determine. The great question of just transpor tation rates still presses upon you for solution. The law of 1893 has been carried through the highest court in our country. Its weaknesses have been shown by the decision of that court. Tho enactment of the law of 1S03, amending the sections against which the supreme court of the United States pronounced, would meet the wishes of a largo majority of our pco. pic, and would be a compliance with your plain constitutional duty, fanould you repal the present commissioner law and nt the same time pass n just nnd equitable rate law, you would gain the highest commendation oi n great majority of Ncbrahka citizens. While In my opinion this would be a source of temporary relief to our citizens, this great question of transportation and communication between tho people cannot bo definitely settled by state legislative enactments. The varied in terests of the several states In tuc union are too closely linked In tho bonds of commercial union for the state Individually to properly adjust tho great question arising from trans portation and with communication among tho people. Tho national gov ernment Itself must own and opernto the highways of transportation and tho electric means of communication as It docs now the great postnl system, In the Interests of all the citizens of our gieat common country, lint until such most desirable end Is attained state legislatures are obliged to afford all possible relief to the citizens of the stato from unjust freight, passenger, telegraph, telephone nnd sleeping ear chniges. Any law which your wisdom uirects you to enact upon nny or itieso subjects If In the 'best Interests of the people of Nebraska, will receive- my most hearty approval. The constitution places the obliga tion upon tho legislature to apportion tho representatives and senators ne otdlng to population, determined either upon tlm census of the United Stntes or of Nebraska. It requires that each ten years, beginning with the year 1885, n census ot tlie pcopio snail be mode. The United States makes nn enumeration' of all the people etfry nrtwJ'Brates'n-ndtlrai-of ourtwn state we have a certain data for the determination of the number of Ne braska's people every live years uinm tlicso two enumerations the consult!- of senators nnd representatives shall ) tic mnde. thus requiring an apportion-, tlon requires tliot tho apportionment tti tn 1 mndn each five years. In mnv wiinn thn lust apportionment should have been made, we find that there had been no census takon In the state, ns required by the constitu tion, upon which to bnsc such appor tionment, nnd it wns argued by some thnt the legislature had no power to make nn apportionment. The lan guage of the constitution is thnt the legislature shall make- this apportion ment nt its first session after the enu meration nnd at no other time. As I understand It, thnt which the consti tution requires to be done will be done, nnd hating been done shallnot again be done until its previsions ngntn require it. The present appor tionment Is manifestly unjust tothc western half of our stnte. With more than one-seventh of the population, It has only fivo representatives out oi n hundred, nnd less than three sem tors of the thirty-three in our senate. As nn net of just I e long delayed I recommend you to take up tho work of reapportionment which the legisla ture of 1S95 should hnvo made, nnd give to our western jicople tho rep resentation to which they ore enti tled. I desire to call your attention 'to an rU which has grown with the growth of the stnte, and one for the eradica tion of which the best thought of our best minds have been engaged. I re fer to free railway transportation. The pass system has grown to such pro portions thnt It has become a burden to the managers of the railways of the state, n scandal In stnte politics nnd disgusting to thoughtful citizens. Itnilways nre built ns business enter prises." Profits must bo mnde for in vestors ujran business done. If all pas sengers should De carrieu iree, proms must be mnde from some other branch of the business, nnd It Is fair to pre sumo that under su h circumstances it would bo necessary to advance freight rates. If one half those trav eling should do so upon free transpor tation, nil the profits of the business must be collected from the other half who pay fare. Now If the business were remunerative with only one-half those traveling paying fnre, If nil should be made to pnyjtllko the same profits would tiecrue to the rail ways It only one-hni! as much was charged for the service. It has been estimated that our railways in Ne braska receive less than two cents n mile for the passenger service In the state, when nceount is mnde of the free transportation given those to whom, under ono pretext or another, they think It necessary to give passes. As n business proposition it Is unjust io tlie railways of the state that cus tom should place this burden upon them, nnd they should Iks protected by law, with ndequnte penalties for its enforcement. If they protect them selves ngnlust loss by charging in creased rates to those who pay for transportation, then ns a business proposition it is unjust to those who nnv faTe nnd they should be pro tected by law with adequate penalties for its enforcement. Such a law would relieve the railways from prac ticing an injustice upon ft part of their patrons nnd secure to them the same profits upon invciitmcnts which they now hnvo and nt the same time admit of n material reduction in passenger rates. The passage of n law against the issuan c of any freo passes, ex cept to employes of the railways, and making the one accepting a free pass a particcps crlmlnl.s (participating criminal), both nllko subect to pennl tie nttnehed ndequato for Its en forcement, with a reduction In passen ger rates equivalent to tho profits de rived by tho abolishment or passes would be alike just to the railways and the tiaveling public. In the matter of appropriations I would earnestly recommend the most rigid economy onststent with the public welfare. Tlie amount of nn ap propriation docs not always indicate its character. What would seem n largo sum appropriated for a specific purpose mny be In reality nn econom ical expenditure of public money, while n small amount set apart for the snme purposes would be extrava gant. The appropriation of nn amount for nny purpose obviously too meager for Its nccompllsiimcnt, wiillo nt tlie time It would give color to the cluim for economy by the legislature mak ing it, the following biennial would show Its true character, either in de ficiencies to be met or In poor service to the Btntc, cither of which would demonstrate clearly the dishonesty or incompetency of the legislature milk ing It. Our state institutions for the care of our defectives nre constantly growing nnd would naturally require an incrensed amount for their mainte nance. The people hnve a right to de mand economical management for them, nnd nt the same time that theso wards of the stnte should receive mo3t careful and conscientious care. The legislature which succeeds in exer cising business judgment of such high character that our stato institutions are amply cared for without profit gft y, that impropriates funds In nn amount sufficient to meet their de mands without n deficiency, would re ceive the approbation of all right thinking people of the stnte. The ap. proprintlons for tho mnlntennneo of our public Institutions Is purely n matter ot business and should bo so regarded by you. It Is to be regretted on some ac counts thnt our public institutions are not all located at ono place. It lias been too often the case In times past that a system of log rolling has pre vailed in making appropriations for their care, each locnllty where one of them is situated using every endeavor to moke the appropriation for lt.s In stitution just ns large ns possible re gardless of its requirements, and be fore tho btcnntal appropriations are finally made a combination ot nil tho localities having stnte institutions be come very evident, each agreeing with tho others to support nil demands which any ono locality might malco for appropriations. In this way our legislature has too often forsaken tlie broad highway of statesmanship nnd trodden the footpath of ward politics. 1 confidently rely upon your honesty, integrity nnd business judgment to .moke, appropriations..-economical but not parsimonious, uuerai but not ex- ui i iravngnni. jhh me urge upon you that you brine forwnrd the iinnronrln. Hon bills as early in your session as possible In order that they may re ceive the careful nnd conscientious consideration their importance do Imands. In 1895 the legislature passed an net offering n bounty of one dollar per ton to be tutld to the growers of su gar beets upon the theory of encour aging the development of the sugar Industry in oiu stnte. For some rea son bct known to itself the legisla ture fulled to mnke provision for tho payment of claims which might arise from tlie passage of such nn act The sugar company acting under the pro visions of the bounty net made their contracts with tlie growers to pay them one dollar per ton extra for tho beets grown nnd delivered them, nnd In the beet hardest of 1895 the com pany did pny the growers the extra dollar per ton for beets. The com pany presented Its claims for the boun ty to the nudltor and sonic of them were allowed by hltn, but flnnlly ho refused to allow further claims under the act, nnd In the suit following Ms refusal our supreme court decided thnt the claims could not be paid, there having been made no appropria tion to meet them. In the harvest ot 1898 the contracts of the company with the growers were mnde provis ional, agreeing to pny them $1 per ton extra provided the court sustained the payment of the clnims. Tho ourt deciding ngnlnst the payment of the clnims, holding the payment uncon stitutional for the reason that the leg islature creating tho law failed to mnke appropriation in compliance with Its provisions, the company not only refused to pay the extra dollar, but actually kept back $1 per ton from payments In the latter part of the sea son to reimburse themselves for tho amount already paid on the 1890 crop, thereby giving the growers but $1 per ton for lieets Instead of $5 ns they contracted to do should they bo stis tnined by the court. Now these claims for bounty unuer tnc net oi io-jj are in the hnnds of the sugar companies and those for 1S90 In the hands of the netunl growers of beets The sugar companies hnve sought relief in the highest court in the state and that court has decided ngalnst them. Theso farmers mnde their contracts nnd raised the beets In good faith, making their estimates for profltsln the busi ness upon the promise of the extra dollar per tou which they should re ceive ns bounty from the stnte. I am Individually, nnd the party of willed I nm a member, is opposed absolutely to the protective policy of taxing one industry for the upbuilding or ad vancement of another, but my party s not now, nor has It ever been at any ' time, either in theory or practice, In favor of repudiation In the smallest degree. Tho legislature hnving mado a bad bargain for the state should not seek to be relieved of that bargain by a subterfuge or upon technicalities. The sugar bounty net of 1895 has cre ated a number of just clnims ngalnst the state, which are now in the hands of the farmers who grew sugar beets I recommend that you make provis ions for the payment of nil claims aris ing from the uct of 1S95 which may be presented by the actual growers of sugar beets In (he state, whenever such claims are properly nttestcd by cer tificates of weights from the proper authorities. Tnxntlon is generally spoken of a a burden. It should not bo so re garded in a well regulated state, but rather ns a snered obligation or citi zenship to be discharged with nlnc rlty. It Ib only when inequalities ex ist, when some nre overtaxed, paying more than their share, nnd others nro relieved through tho operation of law, thnt taxation becomes unjust and a burden. Our revenue system contains n large number of defects which shou'd be remedied. I trust you will glvo your best thought to a thorough re vision of our revenue S3"stem to tho end thnt every kind of property in the stnte slinll contribute its just shnro towards the expenses of stato government. I would especially nsk your enrnest consideration of some plan of equalization of assessments in all parts of the state. Under our present plan the samo kind of proper ty varies in valuation In different counties from ten to thirty per cent. This is grossly unfair, but for us remedy no means at present exists. There is no broader field for the exer cise ot true statesmanship than In tho creation of n just and equitable sys tem of revenue nnd taxation. It Is a mnttcr that affects every citizen In dividually and the material interests of the entire state. A prominent Industry of our stnte nnd one which Is destined to become more nnd more a lending factor In wealth production to our people Is Uio dniry. There Is nothing in which tho farmers of the state hnve engaged which hns nsslstcd them more, to ba Independent by keeping them free of debt by furnishing them regularly throughout the entire year with a steady cash income. Yet in its infnncy the dairy Industry in Nebraska has mnde wonderful growth. Lnst year It assisted the material Interest of the stnte by the distribution of nearly ton millions of dollars nmong the citi zens of Nebraska. This Industry asks no special protection ns a struggling Infnnt industry, but Is perfectly will ing to btund or fall upon its own mer its. What it nsks is ns a matter of right that other industries bo required to do the same. The laws now upon our statute books nre probnbly ude qunte with proper enforcement. In my judgment nn Industry of such vast importnnce to tho agricultural inter ests of this great agricultural stnte should receive your most careful and candid consideration. The creation by you of a department chnrged wUh tho Interests of the dniry Industry, pre sided over by a commissioner whose duty would be to enforco the lnws against imitations of dairy products nnd such other duties-ns your wisdom would tllctnte ns proper for him to perform in the interests of tho dniry industry, would meet the approval of tho majority of the wealth producers in the state T hhall bo pleased to communiento with you from time to time by special message as ocenslon may require und I bespeak from eneh of you thnt cor dial relntlonshlp that should charac terize the association of our stnte leg islators with her chief executive to the end that harmony may prevail in all our efforts for the common weal. With n firm Tcllnrico upon nil wis providence, may wo each be guided In our duties by wisdom and in all our uetlous by integrity. W. A. rOYNTER. II DREYFUS The President of a Part of tho Court of Appeals Is Out LOOKS BRIGHT FOR DREYFUS. VThon Charges if Compiler to Exon erate Dreyfus Wore Ignored by (tie Mlnlater, tie llcaurepalre lUilgnotl A Cabinet Crisis roiilble. Pahis, Jan. 11. M. Quosnay do Rcaurcpalrc, president of tho civil sec tion of tho court of cassation, has re signed his position In consequence of tho refusal of tho minister of jU3tico to take any actton on his report of al leged flagrant irregularities committed by the criminal section of tho court of cassation In tho Dreyfus cas. The minister of justlco Is belloved to hnvo taken Into consideration tho character ot Judgo de Iicnuropalro in refusing to grant his request. Tho judge's record is not of tho best; ho was implicated In tho Panama scandals. In a long document ho virtually protests ngalnst what ho suggests is a conspiracy on tho part of the court of cassation to exonorato Dreyfus. But ho practically admits his partiality by declaring thnt his resignation was intended to nvengo the army and its generals for the sufferings they havo had to endure in silence. Tho resignation on tho eve of the meeting of tho national legislature, which roassomblcd to-day, gives rise to tho iufcrenco that tho criminal court of appeal Is far nearer to tho rendering of judgment in tho Dreyfus case than most pcopio believe, and that, having failed to induce tho minister of justlco to order nn Investigation which would dlhcrcdlt the supremo criminal tribunal of France, he is anxious, with tho objoct of averting a dcolslon favorablo to Dreyfus, to provoko a ministerial dofent nud a political crisis in tho chamber to-day, where M. Laslcs, one of the most fiery mem bers of tho anti-Dreyfus party, after numerous consultations with Ucaurc patro, is to interrogato the mlnlstor of justlco on tho subject of tho char pes brought by Dcaurcpalro against tho criminal court of appeal, and, if neces sary, tc invite a vote ot censure and of want of confidence to bo brought against tho cabinet. CRISIS IS NEAR AT ILOILO. Philippine Situation Ilaptdly Approach lot a Climax. Manila, Jan. 11. Tho situation Is rapidly approaching n climax, and it Is Just possible that to-morrow will cee a peaceable solution. Meanwhile all sorts of alarmist ru mors are in circulation. Tho United States authorities nro taking ovcry precaution; tho troops in quarters nre undor arms and tho Call torn I an s have disembarked from tho transports. The natives, it is reported, havo been ordered not to work for the Americans, and tho employes in tho commissary department have gone on strlko. Natives are leaving the city. Major General Otis, however, has tho wholo situation thoroughly in hand. , A second proclamation by Agnlnal do, bearing tho samo dato ns tho ono which immediately followed the pro clamation ot Major General Otis, based upon President McKlnloy's instruc tions, first appeared on the streets to day, but It Is alleged to havo been re called. Its terms are much more ve hement than thoso used In tho first proclamation. Agulnaldo threatens to drlvo tho Americans from the islands, calls tho Deity to witness that their blood will bo on their own heads if it is shed, and details at great length tho promises ho ciulms were made by the Americans as to the part of tho Insur gents in tho campaign. It is believed that tho second pro clamation is tho original draft which was not adopted by tho Filipino con gress at Malolos. CIVIL SERVICE REFORM WINS, Home IlcTenei Its Drclslon on Btrlklni; Out tlie Annual Appropriation. Washington Jan. 11. Tho IIouso yesterday rovcrsod tho decision of tho committee of the wholo last Friday, when tho appropriation for the sup port of tho civil service commission was stricken out of tho legislative, cxccutlvo and judicial appropriation bill. In commltteo, where mombcrs do not go on record, tho appropriation was stricken out by n vote of o7 to 01, Yesterday when tho roll was callod tho appropriation was restored, tho motion to strlko out being defeated, 05 to 110. Tho House, by special order, docided to proceed with tho consideration of tho naval personnel bill as soon as the bill for tho codification ot tho laws of Alaska was out of the way. Tlanseil Ilenett In a Hotel Itoom. Bah FnANcisco, Jan. 11. Mrs. Georgo McQuenan was found dead in her room nt tho Ronton hotel here. Sho had hanged herself. Mrs. Mc Quenan canus to this city a few.wcoks ago from Grand Rapids, Mich., where her husband Is a prominent business man. Her fathor Is Judgo Miner, well known in Utah. ' A New York Hair Drenor Iteoelvctt Choc olate Uropi Containing Anenlc. Nr.w Yontc, Jan. 11. Anothor box of poisoned candy has been sent through the malls. Mario Appell, who supports herself by working us n hulr dresser among Harlem families, spent tho wholo of Saturday night In agony, fighting off death, after eating ono chocolate drop out of a box that had ben sent to her, ostensibly us a Now Year's gift. Hasty analysis by a druggist shows tho candy was heavily impregnated with arsenic. HORRIBLE RAILROAD WRECK. Eighteen Forions nilloil In n Now Jer sey btnatli-Up. Nitw York, Jan. 11 Uy a head-on collision between two pnssenger trains on the Lehigh Valley railroad nt West Duncllen, N. J., at 12:47 p. m. yester day, eighteen persons wcro killed aud over twenty wcro injured. West Duncllen is three mllos from Iioundbrook and about thirty miles from Now York city. At tho spot where tho disaster occurred, there Is a sharp curvo in tho Lehigh Valley tracks and a steep cutting, but tho ac cident was due in tho first place to some terrible mistnko In train orders and in tho second place to another ac cident that occurred at Iioundbrook earlier in tho day. Tho scenes which accompaniod tho collision, tho sufferings of the injured and tho panic that reigned among tho 400 passengers wcro woll nigh inde scribable. Tho blood-stalnod wreck of tangled nnd twisted iron and wood boro witness to tho truth of tho gen eral verdict of railroad men that this was ono of tho worst collisions in re cent yenrs. A head-on collision on a double track road was mado posslblo only by a freight wreck which occurred nt Iioundbrook at 0 o'clock In tho morning when tho nxlo of a freight car broko and nlno cars were piled on top oteach other. This completely blocked tho cast bound track, ami all through the morning Lehigh Valley trains bound for New York switched from their own track to the webt bound track, going over theso rails from Uoundbrook to Newmarket, n distance of six miles, und changing nt the latter placo back to their right sldo of tho road. To permit this modo of trafilo, all west bound trains wcro hold at South Pluiuficld until their own lino was clear of trains going lu the opposlto direction. Train No. 20, which left Shomolcln, Pa., at 7 n. m., was so heavy with hu man freight that It had to bo broken Into thrco sections. The first two sec tions arrived at Uoundbrook, switched over to tho other track, switched back at Newmarket and reached Now York In safety. Tho third section of this train was almost an hour late. Its seven cars wcro crovvdod with 400 ex cursionists, most ot them from Mount Carmol and Shamokin, Mahoncy City, Hazel ton, Ashland nnd Pottsvllle, Pa. Tho party was traveling under tho auspices of tho business men's excur sion, an annual event which many patronize .for a throo days' visit to New York. Not a few of the excur sionists wcro coming to witness tho McCoy-Sharkoy fight. Their train svvltchod over at Uoundbrook and pro ceeded, liko tho preceding sections, on tho west bound track. Meanwhile, there had been waiting at Ncwinarkot a local train thnt piles regularly between New York nnd Roundbrook. Its number on tho schoduio Is 71 and It Is duo In Uound brook at 11:59 a. in. Owing to tho trafilo nil going on one track, it was almost an hour Into. At last tho train dispatcher nt South Plainfleld gave it permission to go. Just boforo reach ing West Dunnelen, Engineer Rick slowed his train down, becauso ho Jtops for passengers if there are any. Martin Urennan, tho signal man, threw up his arms and wavod them, as if to say thero were no passengers, so tho local put on steam and headed round tho curve, going nt about twen-ty-fivo miles an hour. There were only four passengers on tho locaL In tho cab of tho excursion train was James Prendcrgast, tho onglnccr, with his fireman, Gcorgo Cheshire. They saw tho local as It started on th curve. With shrloklng whistle and brakes grinding sparks from the wheels, tho excursion train bore down to what seemed certain destruction. The passengers, nlarmed at the con tinued whistling, opened tho windows! mothers snatched their children in their anna, mon started from their scats, but before they had timo to find out what was the matter they wcro hurled headlong, knocked senseless and many killed outright. , " FIRE IN CRUISER'S BUNKERS. Tno Jupnneie Ballon Burnet! to Death ns a Ileiult ot Their Hravery. Skatti.k, Wash., Jan. 11. News by steamer from Japan says that the sec ond class Japanese cruiser Kaimon Knn has reached Amoy n partial wrock us the result of a flro that broko out during a storm at sea. Several ot tho crew of tho cruiser wcro burned to death any many others Injured. Tho Kaimon Knn was a wooden Tesscl ol tho old stylo and had on board a num ber of soldiers besides her regular crew. When a few days out and in ths midst of a galo tiro was found in ono of tho bunkers. Tho Japanese crow behaved with great bravery and streams of water wcro soon playing on tho flames. At this juncture nn nccldcnt to tho ma chinery mndo it necessary for some one to go down tho alley. It was acaso ot almost sure death. Two men . volun teered to go down. Uefore they got to tho machinery in need of repair tho smoke ovorcamo them. No one would go In after them and tho fire soon con sumed their bodies. Tho engines woro kept running or tho vessel would surely have foundered, TlnS vessel lo repairing at Amoy. MANY CONVICTS SET FREE. I.utt Ofllclnl Aot of T.oedy Was to Gran ii Ille Hittrh of l'nrtloni. Toi'KKA, Knn., Jan. 11. The last of ficial net of Governor Lccdy was to vrnnt fourteen pardons nud coimnuta dons. Tho sentence ot JnmcB R. Colean, sent up from llourbon county in 1805 for wrecking the State bank of Fort Scott, was commuted to four years. His original hentenco was for fivo years. He will now be released Jum. I, im J