5
The inter-Slate CMMICS Bill still
IMor Discnssion ,
The Senate Mauifust Oonnidorablo
, Anxiety About It (
Qon , EoscoranB1 Bitter Animos
ity Towards Gen ! Grant ,
Will Hinder the Passage of the
Eotircmont fiilli
The OongressionalForeoastof the
Weeks' ' Business !
Vcuimia Otlior IntcrrntlnK Items of
: vewo From tiio riAtiunal
Uapltol.
BENATE3
WASIIINOTON , Janunry 17.-Allison mo-
aided over tbo Senate to-day. A communica
tion finm Gonerjl Hhermin to the tocroUry
of war c.ncoruing tlio policy nf tha confeder
ate oxtcntlvo deiiartmcnt wai received and
laid ou the table , 1'ry introJucod a bill tor
the encouragement of tlio American merchant
mnrino nnd to promototho poital anil'cmnmsr'
cinl iclatltfLs with foreign countries. The
Senitu proceeded to the cnruidurntion of bills
on tbnujlondnr
TC.U clinlr laid before the icnnta the inter-
fltatu commcrco bill , nml nltor n long debate
81 iterV nmoridment , iirohiblthiR higher rates
for shorter than tor longer hauls , was do-
fuitfd yns 11 , nays 32a8 follows :
YUM Oamdon , Cockroll , Coke , 10 > ir , Kon-
nan , Maxey , Slater , Voces , Van WycSc , Vest
nud Voorhecs ,
Nilyn Allison , Iliown , BuUur , Cameron
( IV. ) , Cameron ( Wis. ) , Conger , Uullnm ,
Ji > liho | , 1'ryo , Uorinan , Jlalc , Harris , Ilnr-
rlson , llawloy , Hoar , Ing.ill' , Jacksjn..Tones ,
Lipbam , Hcndorsan , Mitchell , Morgan ,
Mucrlll , 1'ike , Plait , 1'ugb , Kansim , Saycr ,
Sheffield , ahornma , Walker nnd Wilson ,
Tno amendment proposed by Alii ion was
arn > od to 2,5 yo.is to 20 nnys.
The amendment increiisea the number of
coaimlisiimcra from Hvo to ton , amending eo
nn to r quire that no moro tlum five of tlipm
shall belong to oni political party. The
amendment also provides th.it the commls-
Hton < > r < Bhall bi polfclo.l from nach of the nluo
judicial disirlcts cf the United Statoi.
The amondmcnt olfoicd by 1'ugh wjs agreed
to , lunittnp the powers of the commission tote
to tua powers npojifieally given by tbo bill.
1 To in > vod the bill b unanimous consent ba
tnlt'ii from the cilmdar , and Oullom moved
to ajiond it by striking out ell after the enactIng -
Ing cluufo , inserting the prnvltions tf the
neiiai * bill. On this motion Vest called for
the yeas nnd najR , and pending ac ion the
ecnuta n.douriiod. ]
HOUSE.
' The honso went into commltoep of the
whole en the consular and aiplornatis appro-
pi Utlon bill.
Tow nihend offered an amendment , rcquoet-
ii g the president to invite tbo co-operation of
the povormnonts of American nations in
aecutin ? the catnblislimont of n ommercial
leuguo by and between said niUomto _ ba
knoAtias tha "Customs Union of America. "
Kulodout en a p iut of order.
A dubato ensued , during which thera wore
reuny spirited pasH ci } regarding the position
occupied by tha different wing * of each party
o > i tba present phao of the tariff problem ,
Wiliis'roported ' the river and harbor appro-
piiitieu bill. Ordered printed and rocom-
inUtjd. AdjournoJ.
WASHINGTON NEWS.
WASHINGTON , January 18 , To-morrow in
Li the house of representatives is the day for
monthly calls. Tno call rests with the com
mittee on foreign affalrp , and representative
Uelt Intends to move the pjasa/o of his bill
reported this scaion to provide for the exor
dia of jurisdiction by the consular court ) .
The motion will bo olfured ia bshalf of other
committees as 'follows ' : Naval nf fairs and
postolllces and postronds , to assign days for
the conBJdfiratrnpf'thajYtuci < > us measured herc-
tof01 e reported by them.
Indian Affitra To pass a bill for the allot
ment of Indian linds in teveralty.
Labor ( if reached ) To pass a bill prohibit
ing contracts fur tUu labor of United States
pnconorr.
Whn the houto adjourned on Saturday il
wai rumored that the committee on judiciary
would oadeavor ID keep the housa In ceisioi
to-morrow until that c. mmittoa was reached ,
In or.ier . tint the bankruptcy bill might again
bo ca'led ' up Tbix commutjo is amonct the
last on tha liet. C < ill ins , however , win baa
had charge of the bid sa < d ho was not tuvaro
of auy such purpose. The time for legliUtiva
butintKi ia tin house Tuerday will be thort
On December 1 * th last the house resolved time
January 20th shou d j bo devoted to tha de
livery of tributes to the memory of late
K-pffsentntivu Evlns , of South Carolina.
During the airly pare of the day the committee
on elections InUiids lo call up the cont's'ed
t'lcctiiii case if Mamy VB Wiaa of Wis-
con-in. On tbo tairo d > y the committee
will probably report the contoatoil cases elMo
Mo Ienn ( republican ) vs llrodho d ( democrat
of Wisinniiu. nud Krediicks ( democrat ) vs
WIUou ( repablicin ) of Iowa , lleoorii wilt ba
in from Brudhea 1 and I'roJorickn. The com-
rnitteo intends to call them up for coasidera
tlnn ni BOJII thereafter at potslblt * . Of the
fourtiou annual appropriation bills not ono
hut besumo a law , Tna military academy ap
p opriatlon bill bna pas ) il both hnisoi of con-
Krtu , but llio hoiuo haa refused to concur in
thn tcnato cmcnOmtn's ' end the
Li 1 has beni ui t t > the
( ( inference commiltxe. Itnth tlio gumioni
tiiploiiiatio acd cuuoiilar upproprlution bil a
liivujiusod the honsa , uud nra uow In the
fonaic. The committee on approptiatloos
river and harbor bill ia ia'tin home. The
DUtrict < f Colurnbit bill la rondy to ba re
ported by tha hou'Q apropri ] ) tioincommit-
to , and the nsvul hill ii nariur loutidoration.
Thti : irmy. piistotlice , fortincations. Bjndry
civil , K'jltUli\e ( executive nnd judi
cial , aad deficiency bills are
stilt in tha couma of preparation
by the committ'jef. The agricultural appro-
piution bill Is ttlll to bo matured by the com-
: inUea on agriculture It iis pcwjible thai the
armv , navy und postollica apnropriation moan-
urci' i vill ' bo reported to tbo liouao during the
w ok. If so , nrarly thu eatiroeolcvlllb )
' "
taken up in 'their "discmelon. If , howoyer ,
tha coiumlttpo U not a * lo to report thofu bills ,
and u't iippi riunity Is olfere 1 for the consld-
i.'ratioiui , othtr bini'ioas , an elfort will bt
made to lecurotha diicuteion of sundry men-
ur H which have been pend ng some tinU.
HtockMoger sari ha will contiuuo to call uj
the bills making nporcprlatlons for public
buildings thraughouc the country ; Townnhem
the Mexican ponelon bill , and Willln the edu
cation bill , Houby , ut the oomrnlttee o
public lands , will ondea\or to obtain tin con-
lidera'ton ot tin bi 1 providing for the forfeit
ure of the Northern 1'pcitio land grant ,
and A , S , Hewitt If opportunity nffera , the
bill to carry out the pruvitloni ot the Mexican
treaty.
Iu tlio senita to morrow will bi devoted to
eulogies of the late Henator Anthony. Twelvi
senators have announced thtir intention to
ifoak. It ii prooable that the remainder ol
tha week will bo couiumed ia the cocaideni.
tioti of tvo intor-btat ? commerce bil
atid tlia UnrAKtun trosty. Should thn
Intor-staU commerce bill ba dixpoied
of iir displaced , fc'oantor Cok * will endnavor
to Hfcuro thi consideration uf the bill to pro.
vide for the improvement of the chinuel be-
twet-j (5ihetou ; hurbor nnd tbo Gulf of Mexico
ice , ] < 'olloningr th'u in iu upecial order no
tha Texas Pud lie lorfeitare bill , in chr e uf
StDatir riuiab , and Houator Van WvcV *
lull to doijlaro certain railroad grant lands
ut jo ttotaxttlon , The firit meaiure to tin
co'i.idtr. din the monilog hour lithe bill ti
< \ui t the tit'e ' of sett en ou the Den Molneb
rnor lauds in Iowa.
Tlio Ifitor-SlBtn Uomiuorco Bill.
Special Telegram to Tun BKK. '
WASHINGTON , Januiry 18. There w s a
vote Uktn In tha eentta this aft'srccon which
( how * precisely bow anxious tbs tt-utta n to
rfRii'atn the rilroidn In eveotho moat gen
cral vay , Senator BUur hvl olfered an
amendment providing that short hauls shorn !
net exceed the charge for a Ion ; haul ol the
ama quantity and kind ot goods moing in
he fame direction , It will bo noticed that
his did not Involve tin Hea of a uniform rate
IT ton per mile. It did not nquiro the
charge for n shot thnul to bi lcs thuu the
ctmga f r n Ion ? haul ; it was
only to ba no greater. Thii last
clause of tha mncndrncnt w&a intncded
: o meet CMOS whrto the most of the tralllc on
v road is in ono tllreainn , nnd the cars must
etutn empty unless they can cirry f n lght at
very low intfft. It wnsMuiplyn iiroposiilnn
that the chare Irom Now Vork to Buffalo
slnu'd not f xoeod the charge from Now York
, o Chlcfo ! , and thu chareo from Chicago to
puffjlo liould bo no grottor than the charge
'rotn Chtctgo to New Vork. This measure
ot In'.crftrcuca with tbo prarorothcs ot the
railroad minogors recalvul the tiupport of
inly vletci senators , and wa > opposed by
, hirty-two senators. Mr. Catndcn , of Weit
Vi'Rinla , whn Is largely inttroitcd in rail-
eau > , voted for the Ul.tcr amendment. Of
.bo cloven gentlemen on that side
, en were democrats , Mr. Van Wyck
jcintf tha only republican tcnator.
jarUtd announced , that It he had not been
rirred with rcpublicais ha would have voted
'or tie ! nmcn < ! munt. Of thirty-two sonatora
who vote ! down the amcndinont ton w ra
democrats and twenty-two republicans. Wll-
ion , of Iowa , who wa * supposed to enter the
Senate anti-railroad voted with hta cnlloKjtio.
Allison , who is nomowlut Interested In rail-
rokd , voted againtt it. The last vote out
was by Ingjlls and waafgiinst the amend
ment. lugills it the man who recently
warned tha Senate In general and Mr. Bay
ard in particular , that the popular
lomand for come eminent regula
tion ot tho'rsilroada must not bo ignored any
ongcr and that the Sonata was nnpeted by
: ho public of too great a subset-
, -iency to the corporate interests.
Cameron "was" voted In the negative
and to did Mr Harrison , of Indians , ( Jongor
voted in the negative. Palmer did not \oto
and neither of the Minnesota senators was
iresent. Both the Missouri senators voted
or the amendment and BJ did bith nf th
West Virginia senator ? . Both of the Texas
leuators , Fair , of Nova-la , Vanes of North
j.uolin * thrcugh hii colleague voted the
other way nnd Vorhees. On motion of Sen
ator Allison the number of comnvsslonora was
aised to nlno so there might ba ono for each
udiclnl circuit. The xeimtn concluded the
lobatobn the bill to-ni ht , and took up the
llnagan bill by unanimous consent , and
ndjoimiod aftorSsnutor Collom had offered
"iis hill , na amended in the senate as a tub-
titntu for the Ilinjaa bill It ia probab'o
.hit the causa of till opposition uf General
llosccf.tns to the bill for the
nmnuiKNT or OKNEIIAH GRANT.
s largely due to the rf tircment of Gen. llnse-
crans from active service during the war after
thu bit tlo of Chlckamaoga. which he ia a con
siderable degree attribitea to thu influence of
Jen. Grant. Gpn. Roeccrans is chalrmtn of
; hp house ctnimittua ou mllltaiy affiirs and it
is in his power byirtuo uf bin pieitim tn
jreat y cmbiras the p.vssgo of tha Gnnt bill
n thuprujoat condition ot affairs In the homo ,
he says the recent actloncf the majority of the
comm tteo will not help the Grant cause , as
Gen. Slocum will have no opportunity to call
iip the bill the time shall arrive when there
is no revenue or appropriation bill In the way ,
and the tevcral prior special orders have been
ilispotcd of , lie thinks this will provent'tho
bill from getting before the housa at the cession
Glen. Kosecrans can only vent his spite upon
Gtrant by preventing the consideration of the
bill , as it will certainly pass if it can be
wrought before the house.
POHBIGN NEWS.
AN IJII'OBTANT AuHEdT.
BnuasKLS , January 17. Tha police Lore
claim to have made an important arrest in
connection with the a'saesinatttn of Pclice
Commissioner KomplF , at Frankfort on the
Main. They are reticent concerning the
prisoner , but state that ho arrived at Antwerp
yesterday from Germany. Ho Immediately
took the train for this city and was arrested
on his arrival last night. It is stated that at
the proper t'me tha evidence will bj forthcom
ing to tliov ? thep Isoner H the man who drove
the datrger into ; ho mutdered man's body. A
dcteo ivo at Frankfort on the Main , after find
ing the dagger , traced Us owner. The arrest
here Itia said was made on a telegram from
the German police , who are close on tha heels
of the aeeaasin.
THKMISSINO PACKET MOOH9EN.
, January 17. It Ins ben defi
nitely ascertained Ithut the missing packet ,
Admiral Mooreen , is lost. Twelve of the
crew aad five passengers ara di owned.
LONDON , Juno 1" . Particulars of the
disaster to the picket steamer Admiral
Moorson , sunk elf Uolyliead on Thursday
me lit by the American chip Santa Clara are
coming in slowly. Tbo steamer Falcon ar
rived at'Cork mil found the Admiral Moor-
son Fridby morning 011 its beam ends and
took from the wreck throe men , oneMoman
and child. The bo-Jy of a man was found on
deck. There was nobody else on board. Too
weather was rough and the Falcon was un
able to take the wreck iu tow. On Satur
day the Ntaarmhlp , Lady Woodhouse , suc
ceeded in getting a .line to the wreck , but
during the heavy sea the ropes parted and
the Admiral Moorson eventually sunk.
Nothing ii known of the remainder of the
crew not already accounted for.
LONDON , January 1C. The boat of the lost
sttamer Abortion , which contained thirteen
pnreons , is still nmsing. Two men were
killed trying to board the Santa Clara. The
total number dead and mltHlng , Iccludincr the
ctptiin of the ill-fUtd 9te.imer , Is sixteen.
Tha Santa Clara Ins sai'ed from Hullyhcad
for Liverpool. Her captain is reticent con
cerning the circumstances of the collision ,
but Htates that the Admiral Moor.-on w .s iu
fault.
IlBLIKb1 KOU KK LDNO.
SHANGHAI , January 18 Twelve Chinese
veisela have gone to Fee Chow it is believed
to take Chinese trjops on board , which th y
will endeavor to laud In Formosa to tempt
to relieve Ko Lung ,
KAOKET.
ClllOAfio , January 17. K istbonnd freight
rates from hero to New York are rep jrtid to
bo completely demoralized. The withdrwa !
of the I'ennsyliania railroad from the pool his
precipitated a cut of ten cents pur hundred on
pram from hero to New York. A fifteen cent
ra'o is now being quoto-1 bv the trunk linoi.
BUFFALO. January 17. Krio has dofMil'.f d
on thu intifest duu holders of the bonds of the
load ulnce it loafed the narrow gaage system
It is i ncortain when It will bo paid. 'Ihe
question of what will ba doneia being debated ,
bucn'uo Bali-factory couilumon has benn
ri-ached. If the narrow cuago autn ontzes the
Hr.'o hy taking the tratter iota tha courts ,
they fear that tha Erie frflt'ghte , upon which
thtyare dependent , will bo ci verted from
their lines. Thsy are therefore waiting ia
hijE that when President Kinx completes
tha work of organization nome satisfactory
meina will bo provided fur paying the bond
holders.
SAN FKANOISCO , January 17. Tha TratH-
contiuental lUilway aiuoci tion finally igreed
to have tbi > southern lloea pay thenorthein
llnea eight per c nt of their gross turnings on
through biKincsr.
PHILADELPHIA , January 17 It Is officiaMy
announced th * Pennsylvania railroad com
pany has not ordered auy cut in either pas
eenger or freight rates to or from Chicago or
elsewhere.
An A Jennifer. Problem.
Special telegram to TIIK BEK.
LONDON , January 18. At the Aipland
library r.ila next week an oiiglnal copy of the
treaty with the Iroquow , printed by Franklin
in 1744 , will be told.
l.loj d'a Shipping Gaztlte has a long alarm-
lit article en tbo probable clinutio effect of
cutting tilththmui of Panama by n cantl ,
and that duelling tha pulf itrram. It draws
a picture uf reindeer again bulng buntud rn
the Riviera , and walmsaa playing on n ice
wal | around unluhabltfd Knplaud ,
tlio AVlioo'H ' ol l rojrP8p ,
CHICAGO , January 17 , A meeting of the
produce exchange to-day unanimously adopt
ed the following ; Hwolvo j , Tint we , repre
senting the dairy interesti of Illinois , express
our lieirty tpproval of thn bill introduced in
the Icgitdaturu having for Its objioS the tutal
( uppreivioo of the mauufacturo or n.ile of tny
ole g nou mbstltuta la I ha plac. ) of butt r ,
and that wo earnestly urga its ftmnediato n .
tige und strict deforcement.
VAN WOK'S LONG HAUL
He Strips Out from Bolli
and FlatlcBsTwo Slates ,
A Vigorous Speech on llsxllrcmtllloRU-
lit Ion-AUIiinu and InRalla 81-
Icncoil Sketch of tlio Battle.
SpecM ToleRram to the USE.
WAIIHINOTOX , January 17. Sinn ) rVan
Wyck's anti-monopoly epoech in the Donate
rosterday nttiacto J a great clc.il of attention.
During tiio debata Ingnlls and Allison tried
to coiner the latter , who had denounced as
.trjntt the charging of mire for a short than
tor a lontr. haul. They wanted to know if ho
was prepared to admit that it was just to
charpo as much for a short na for a long haul.
Van Wyck seized the opportunity to ask
togills personally whether ho thought the
charges from Missouri river points
Topeka ought ti bo grantor
.lian from ths eamo polnti to
Denver. This is a subject upon which
.ho people of Kansai have opinions
of their own , and as the opponent of anything
ike the Uogin bill it WAI n dollcato question
forlngalla to answer. In fict , ho made no
nniwcr for aomo linio , and white Van Wyck
wai watting for rjply cuine ono said in a stage
whiaper : "Ho is th.li.klng. " The gsntJoman
from Nebraska turned on Allison next , and
asku 1 him If ho justified the chir e ot higher
rates from Chicago to Des Molnui than Item
Chicago to Council IV.uffs. After notno lively
apariing , in wblch question was met by ques
tion , Allison and lugnlls admitted that
as a matter of jnstlca charges ought to ba
proportioned to length of haul , but
rich in the wealth of their soil , the energy and
intslliRenco of their people ; yet Jny Gould ,
who nei.her toiU nor epics , hart greater wo iltb
than tha assessed property , real and personal ,
uf both states , and YanJerbllt could buy both
states , their f.irma and lands , villages and
citip ? , hotel ? , bank ? , manufactories nnd rail
roads , nnil have a snug fortuuo of $10,000,100
lefc for tha necessaries of life and to keep tha
wolf from the door. "
A Temporary Ii.jnmjli.ii . Granted by
llie Court.
Full Text ol * nn Imcrcatlng null Im
portant Decision.
A hearing of the arguments In the in
junction nait brought by Loma Men
delssohn ot al. , against the cily , was hold
in the district court Saturday morning.
The court hcuod a temporary restraining
order preventing the collection of the
sewer taxes , nnd allowing the defend
ants until February 19 to file nnsiror.
The opinion of the court in granting
this temporary injunction , WAS presented
in an nblo and exhaustive doonmcnt.
The doclnion , which will undoubtedly
furnish the basis of further action in the
matter , is important and interesting.
The full text is herewith appended :
"This is an application for im injunction
to prevent the collection cf special taxes
levied on the property of the plaintiffs for
the construction of sewers in sjwer dis
trict No. 10 , upon the ground that there
is no authority under Ilia existing laws
for the levy of ipociil taxes in this city
for such purpofo.
The conclusions anivod at , upon as
carofnl and thorough an investigation as
the limited time therefor has permit ! ui ,
are hero stated. Bat it is not piasticabla
to aet forth the reasoning nor refer to the
authorities upon which the conclusions
are founded. They are deemed satisfac
tory for the purpose of determining
whether or n ) t an injunction should be
granted until the came shall bo finally
tried , but will bo subject to modification
if further argument or research shall show
that they are in certain particulars un
warranted.
By Sec. G. Article 0 , of Ihe const n-
tioti of 1875 , it is provided that tbo
"legislature may vest the corporate au
thorities of towns , cities and villrges wlili
power to make local improvements by
a pedal at sat amenta or by special taxation
of the property boneflttod.
In thia state , therefore , the power is
unquestionable , whatever doubts there
may bo as to iti exisinicu ia states hav
ing no canatitutloml provieions cu the
subject.
2. The pawvr is not canferred by the
constitution directly upon municipa'itiea ' ,
and they cannot ext rjiso , it , unloia it id
given to them by the Icgislatuto , in ex
press terms , or by necessary implication
from powers expressly oijfdrraa upon
them by statute. '
3. It is conceded that no provision of
the charter of this city ( being the oci of
March 1 , 1881 , to incorporate cities of
the first-elms , and the amendatory neb ) .
purports to authorize special assessments ,
except Sec 53 of that act.
Tlra section provides that "special
taxes may ba levied by the mayor and
council for the purpose of constructing
sewcis or draws within the c.ty , " and
that such taxes should bo bvloa on all
the real cstn'o within the sewerage dis
trict , according to the valuation.
4 This provision was nit annulled ,
nor fifFjotod , by section 22 uf the act in
r.-gard to the bonded indebtedness of the
city , either us It was in tha aot of 1881 ,
or us afterward amended. 'Iho two sec
tions were not inoonelstent. Ono con.
tomphted the wo of bonds to a certain
extent , and when author/d ! by n
tWi-thirds vtj of the o'oelortr , fir EOT-
era deemed to bo of geneial utility to the
cily as a whole. Thu otht r was Intended
toupplf lo tuch local tono.s as would
bo of pocial hanetit to particular lee ill-
ties in which they rni/lit be constructed.
Wh.ther tin distinction hcs or not been
Blwaya observed in practice , does no * . nf >
foti the rue ! of the constitution , which
requires courts to glvo effect to all pro-
vlu in o ! n ttitu'.Oj nhni th y can ba
reconciled.
D , The rule cf assessment pit scribed
In section 53 upon all real estate within
the seweragedijtrict , according to ita
valuation , is iu disregard of the principle
fairly deducablo from the constitution ,
and upan which the right of special as-
scssmunt rests , namely : that it must bo
in proportion to the bonetits derived from
the improvements , and not In oxcesi
thereof.
Bccauso no rula can Infallibly secure
this result , a basis of apportionment
which may , and ordinarily will , assess
the burden with such an approach
preach to equality as is reason
ably practicable should bo uphold ,
But the rule of the statute
distributes It arbitrarily without regard
to tha relative benefits received or to
whether the real estate is or not so situ
ated that it can have access to the eowor ,
or derive any benefit from it.
The tax in question was not levied in
I accordance vtiUis ootion CO , but tipnu thn
bash of llcoil ftont gn on the io or , ntd
donb'.le'U ' became the city council was
E.\Upilicl , or ndvleod , that the e'ntutoiy
rain was unconstitutional.
For present purposes , the court adopts
this vlow , and holds that nn nssoasmont
ftccnrdlrg to vr.luation would ba urcoa-
stilutlonnl.
0 , The clause of eect'on ' fi3 providing
that "special taxes may bo levied for the
purpiso of conatractinR Bowers , " oto ,
uan nut bo oupportcd frcm thorcitnmdrr ,
which provsdes for the method of MECSI
incut , and upheld M conttituli nisi ,
leaving the mayor and council to adopt
their on method. Upon all the authori
ties , when the legislature proscribes thia
mode of exerciap of the povror of local
assessment , thia ii exclusive of all other
modao. The raothud of ascertaining the
facia end the proportion cf tin bonefita
is thus shown to bo vital and mandatory ;
nnd a court would not bo justified in nay-
iag that the legislature , If advised that
the method was unconstitutional , would
have g'aatod the cltlca the power to make
asseoaraonts for aowora or local Improve-
racnta in auoh method , o ; upon euch
basil as they might eco fit.
7. The provision of section 53 being
the only ono in the charter , which pur
ports to vest the cities of the iirst class
with the powir toconstruot eowcra by
means of special assessment , and that
being unconstitutional , it folio ITS that
the mayor and council bavo no authority
to levy special tnxos for that pnrroso ,
either according to the frontage of
property on the sewer or any other ays.
tern of ascertaining the benefits to
properly from tower construction.
Whether this may bo defrayed by general
taxation of property within the city , it is
not noceaeary now to inquire.
8. It follows , from those views , that
the ptovleion in Sao.12 of the charter ,
amoudntory of the former not , found on
page 10G of the liwa of 1883 , inhibiting
courts and judges from granting injunc
tions to restrain the low , onforcqment or
collection of "any spolal tix provided
for" by that act , or the aoto of which it
was amendatory , dota not apply to this
cue for the reaeun that the tax sought to
bo enjoined is not so provided for. And
tlo court thouUl bo governed , In Slewing
or refuting tbo injunction prayed for , bj-
the general rules and principles of equity
jatitdtction.
9. According to sach rules , the in
junction ehould bo allowed upon the
grounds that the tac was levied without
auth orlty of law , nnd the sale of the lots
would cioud the tilla.
This application Is Inard ana decided
upon the facts cs tlmy appear upon the
petition , it being submitted upsn tbot
alono.
Whit reliefs plaintiff ! may ba entitled
to upon the final boiring on the plead
ings and proof , or upon what terms , if
any , as to doing equity in the promises ,
are questions not yet for determination.
10. Whether o : nit there may or
ought to bo a renndy by Icgislntlcn for
the eoriou ] difficulties which exitt , if
these views bo conot , it is not tbo pro
vines of Iho court now to doterm'ne.
But the matter is suggested ior the con-
tideratton to whom I ho inquiry belongs.
Tha injunction is allowed upon an un-
dcrtaklrg iu the turn of $3,000.
The undertaking , or bond , was Imme
diately provided by H. Menddssotn , J.
E Boyd , A. Koch , Thomas Gibacn , fll.
flollnsau , J. Obsrfe'der ' , William Pitt
Kollojg , and Mary E. Kellojp , aad will
remain in force until the final disposition
of the ciao at the February tenn of couit
A SFBUBBAET 'BL'AZE-
Tiio Residence ot O. E. Maj no Burned
to tbo Ground
Yeatordny , between the hours of 11
and 1 o'clock , the residence of Mr. 0. E.
Mayno , the well known real estate man ,
was destroyed by firo.
Mr. Mayno and family had lefi the
house , which Is located on Sounders
atreet , beyond the city limltr , about 10
o'clock in the morning , and went down
town to church. During their absence ,
from Borne mysterious cause , the house
took fire and burned rapidly. No alarm
of fire was given , for the rea
son that there is no alarm box
in the v cinlty. When first discovered bj
the neighbors the fire was bo/ond con
trol. A side entrance to the honso was
broken in , and a few articles of furniture
were saved. All efforts to extinguish the
coulUgtation were futllo , and in an hour
or BO , the house was In ashes. The first
intimation Mr. May GO had of the catas
trophe wis when ho returned with his
family early in the bftornoon , nnd found
vtboro shortly before his rcaidtnce had
boon localed , n ( mouldering mass oi
ruins ,
The Ions will bo about $7,000 , 'which
is part a'ly ' covered by inauranco to tli9
amount of $3,000.
Annng tho'dl'ecla destroyed by tin
firowtto _ a valuable * library , tbo result of
ten'yoara' oaroful and expensive collec
tion. It was estimated as worth $3,500.
Smoke Seal of North Carolina Tobao
CO.
All Explanation ,
Miss Nell King claims that nn error
was jnado in3S turday'a BBE reg rdiog
her Jiouso and its inmates. The following
is ths fact , as stated by her. ' 1 ho police
callud at her house to collect the monthly
fine from MJS. Pa kcr , who hnd Jcft
town , and bchlg so told , they denmiided
to scaich the house. Kather than h.ivo
thp house searched , Miss King paid the
fine. Ko ancsts wt-ro ma-Jo , nor was
anyone taken to jail. And , further , the
house was not pulled.
Seal of North Carolina Smoking To
acoo is the best :
The AVontlior.
WASHINQIOX , January 18. For the upper
lake region ; fair weather , clearing at Grand
Ifavt n ; wind chitting touthwesttrly ; generally
wanner weather.
For the upper Mlitiminpl volley : fair ,
slightly warmer weather , followed by a slight
fall in temperature ; variable windn.
V tr thu upper Misiouri valley : fair , slightly
warmer uuithor ; variable wfnda , generally
Bhi/tlng south-easterly ; falling barometer.
Striking ISrakomen ,
FonrWATNB , January 17. Tha situation
as regards the railroad ttrike i unchanged ,
both tides are qulit and no demonstiation haw
been made 10 fur to-day. The heavy anew
utorin of last night ionpados travel. ! ' * sen
ger trains are ftum three to fi\o hours Ute.
Subsidy for Hlilp .
WABUINOTON , J nn ry 17. Fiye'i bill to
encourage the met chant marines , provides ior
a government subsidy to American hlpi for
carrying jnalli to Lnlgn ports nut to exceed
$1 per wilt ) each \ ay.
Tbo report la prevalent in Oaro and at Ihe
English war ollicu lhat Turkey Id preraplDg
to take put In the Egyptian war ,
The Crop Uepnrts ,
Mli-wAfKiE , January 18S. . W. TVlmadgo
of this city , In his crop reports says.complaiui
eeerns genornl that owing to tha uafoisouabV
fall and winter the ondlli n of the win- !
who t i most nnfaror.iMo nnd tin promUe f
oven afnir outcomn Isnolxory fl.itt rin ,
Mlchtgau , Illinois , Kansas. Missouri nn 1 K <
lucky. < Kop itts n laro , deerosss in ao.wn.-
andowingto thosaxotityof the wlnterthodAin
ngo has luan vrry grout. The weather h .
Lean unusually cold nnd imoy of Iho j > r nc
jnl wheat roiintics luvo bson bare of mow 111. . ,
to within th * past week , nnd wheu it whol v
jrczen out , which will n'cessltata p'owing uii
In the spring and Ihe sowing or planting of
other cereal' . The damogo in the o states l >
\rirlously o litnftted nt from 10 to Ujper cent ,
K.infns Mlisnnil and Kentucky being th
principal stiIfr ( s. Olticlal advices froti
all nulcaUuial dcp rtrnints oj utitistical
agents of the priuc ) itl winter whoit of th' '
taiticg statn * , pixiug the area town ti whonl
as compared tj l sl year'snguri-i , then a larg
decra p , ranging from ten to thidy-thrce per
csnt. Mtny of the largo producicg stntpn in
cludlns K-jn n' , Jlltsourl , Illinois itnd Indi
nnn show n larger decrf a o in the average >
compiraJ with last yoir. It ( hews said short-
rgu to bo fully twent * ' t > nr cant.
Texas ORtilo Mint BUM p Jjlnrf.
ST. Louis , January 18. Advices fiom thr
Kiowa Indian toicrratlon nro ti tno effect
that thoto Indians are in n distrestcd and Buf
feting condition , notwithstanding the aid fur
nished by the government. 1'ivo members of
this trihc , evidently n hunting party , wcr.
found frozen to death forty miles north ofVi
chiti Kails , htJ on Friday eveaiug. Dis-
iutch58 from Texni c nitlnuo to report n great
losa of cattla and sheep by tha Ute coM
wenthor In various imrtx. On m ny range'
In 5tho northern and western part oi the state
proit numbers of cattle Imo drifted south
ward till stopped by the n ho fencing , run-
nlug many miles cast nnd west , nnd nro now
dying by huudredi , nnd even thousands from
hunger , thiwl nnd cold. They are lost chleily
on ranges which Imd eullcred Irom the
drought , nid water being srnrce , nnd the cattle -
tlo being in poor condition ; but even in the
most favored pitts of tha xtnt9 , n great
amount of ntcck has bean lost on account of
the uiiUBunl ( oventy of the wonther. Thp
ettimato Is tint 10 per csnt of ca'.t'o nna 20
per cent of cheep have perished
Bay State Sugar JUnilnory Bnrnrcl.
BOSTON , January 18. To-night a firj broke
out In tbo Biy State sugar rtfmery , No. 3 ?
ICastarn avenue. Tin building WUH of brick ,
four stoiiea liiffli , with n froatogo of about
foity feet nn Eastern avenua and extending
back nbout ninety fast to Sargc-nt's wharf.
The tlamea spread to the Standard dye wood
work" , which abut upon the refinery on Sar
gent's wharf nnd cxtrnd down tha avenue to
ward the wharf. ' 1 heso mills are three ntorlca
and fib'nt eighty or nicety feet In hngtli.
They ara nearly all destroyed. Other adjoining -
ing property was In crent danger for a time.
The refinery is operated by E Atkias & Cu. ,
who , It la understood , own tha brick block as
well nn the refinery building. Thtir loss will
probably ba heavy , fully insured. The dto
mills a-u otvncd by the heirs of George
Blnck.
_ _ _ _ _
"DOUBIjB JIKADBltS. "
TUB KXTBAOliniNAUY llHAKKHEN's STRIKE AT
IT. WATKK ENDED.
FT. WAVKK , Ind. , January 18 The rail
road braktmtn's strike , which was inaugurated
hero Tuesday last , terminated this evening.
The strikers held a meeting th'a tfteracon and
delegated a committee of four of their num
ber to wait nn Mayor Xollinger at his resi-
dcxca. wlurli was acn ? . Later the committee
waited on Supt. Law of tha railroad and at
this meeting it was agreed that tbo railroad
company thpuld 1)3 permitted to run "double
headers , freight train ? if desired , while those
of the striking bralcemen who chooao to work
wilt be reinstated by tbo company nnd will
not he discharged for t'aolr part'.cipali n in
the strike.
NOTES.
Dodeo City , Kas. , suffered a 575 000 fire
yetterday.
_ Another rupture of the whisky pool nt Cln <
cinnati 1.1 threatened.
The mercury touched zwo In St. Louis laat
night and 80 ° below at Jamestown , Dak.
An 88,000 roller skating rink at Elgin , 111. ,
rolled out in smoke and denes this morning ,
Iho marriage of Frincu Collona nnd Miss
Mackny will be Boieuinl/.ed at Paris , February
Three thousand men are engaged at
Klagonfurt , in the Austrian Alps , digging In
the BLOW to recover the bodies of the hun
dreds overwhelmed ia the nvalntcho Friday
laat.
laat.Tho
The special granjl jury appointed by tit-
Cook county ( III. ) cr'rminul court his returned
indictment ! ngaimt MackinGalIagherShielcl ,
Hanabrougb , Sullivan , Blebl nnd Gleason for
participation in the Eighteenth ward eltctioo
fraudr. Mackln was also Indicted for perjury
in sweating he did not order the printing of
the bogjs ticket ; .
Inthe Corgo conference at Berlin three
ro.sona hnvn been given for the parlicipation
of America in the deliberations : first , Americi
was tbr first power to officially rouogulze tbo
African Inter national association j second , the
population ot America cunprlstu six million
negroes whosa parent country Is Africa ; third ,
Americana mainly h&ve explored the country
A dispatch fr rn Gakdul Fays : "Thlrtv
cameU of the Gordon expedltiou dropped
dead on the march to Howeiyntt. The trcops
suffered severely. The majority of wnter
skins leaked and the men , yielded to third ,
oxhauated their ration * of water prematurely.
Very few fell out of line nnd the condition of
thn men under the circumstances was opleu-
At Winnipeg , Manitoba , ycstprdiy , where
Rice's Theatrical company is pla > insr , Kate
Gatlleton , tin well known star , V/OH osjan ted
by her Imeband dining the perfoinmc ? and
beaten until fiho became unconscious. Cau In
to i was arrested and tourd In have liia wife's
diamonds upon bin person Ho was bailed
out and the whole company left for the
HOUtll ,
A Prize Iu tlio Lottery
of life which is usually unappreciated until
It ia lost , peilupa never to roturti , i <
health. What a priculisi boon it laand
how wo ought to cheihh it , that life mey
not bo a worthlosa blnok to in. Mm y
of the diseased that lltuh is heir to , tin
which rcfckft life burdensome ouch an con
sumption , ( sorofulo of the luugp , ) and
other scrofulous and blood dinnAEca , liud
a complete ) curj in Dr. R. V. P/erco'a /
"Golden Medical Discovery , " wlin all
other romudies have failed. Dr. Piurcb'a
pamphlet on o > nsumption rauilo I for-two
Rtamps. AddrcBH world's Diipenearv
Medical Association. BulMo' N , Y.
ThoNcw York KxulHO Law
NEW YOIIK , January 18 Tin oxcinc Jaw
wai enforced to-day as strictly as it ever was.
The police have been notified by [ Superinten
dent Walling that the liquor thops mu > t be
closed on Suuduy , A lir o number oi urretts
were made during the day. Klve hundred
dealers met in Inlnt ? lull this evening and
adopted retolutlons plpdglnir tbunmelvea In
as list the pollen in tin Impartial oiifurcfmont
of the law , believing tbac nuci will compel
the citizens to demand a modification of the
statute.
Tlio Oklahoma. IlonmcrH ,
WELLINGTON , K . , January 17. A courier
from Oklahoma county mjs that Captain
Couch haa 803 armed men Intrenched in a
fortified cimp at Stilhvater with a large sup
ply of provltions. Tin troop ) are reported
waterbouml and not expected to retch the
boouierj camp for teveril dayp.
Mill and Klevutor IIumod ,
CIIIOACO , January 18 , A News Blooming ,
ton , Illlnoh , special > ays : IVIeit ind Gor
don's u'uvator and mill it Mt. Pulaskl Lurned ,
Loss , $2.0,000 ; inburancu , $1-1,000 ,
Kxpouitlon rvoti-H , Ktc ,
Nnv OBLKANS , January 18f The ray * wa
clear and cold and twenty thoufaod peopl
were at the Worlds Exposition.
" \Vlio \ Imvo trillctl awny their
yotitliful vigor and powerWiu >
iuvsnfforliijtriii ( terrible ilrnliw
ni l losses , w h o n vovonk ,
IMPOTEN T , < 1 unlit for niari
rlnp'.nfl ( nn i of nil njjosliollntl
tl 'ir Sijl E m power J vltnl
ity. DIB LBjiit rvo and SKX-
U AL STKKXGTIl wcukom-il ,
wliotliiT bv lXCKSS ; orcarly linblta
CAN H-coivo H positive fit last
ing CURE. NO nintlrr of lio\v
lonji stundinj ; ytnir cuso may bo , or
who lists fallpd to omo you , Ity n few
wcck" " or iitoiillis u o etf tlio cclolira-
teil Myrtloain Treatment.
Athonifltliout cxitosim1 , la h > ss
time , anil for LKSS inonpy than any
other method In the world. Weak back , Hondficltp. EMISSIONS , laimlttulo , losoof
plrlts and ambition , glnnniy tliotight.o , dreadful dreams , defect l\o inomory ,
mpotonco. Impediments to inarrlago , epilepsy and niiiny other pymptomk
oaditiK to Consumption i > ud Insanity , are promptly ixMnoved by
ho MYUTLHAIX TKEAT .MKXT.
MARRIED MEfJ , AND MEN ABOUT TO MARRY , REMEMBER ,
'EUFECT SEXUAT/STUKNGTII MEANS ; healthy and vl orotia offspring ,
eng life and the lovif uitd reboot of a faithful wife. Xo miui bhoultl over marry
vlto bavo been fiulltyot early Indeseretlonsuntil ho lias been restored to I'Klt-
' 'ECT MANHOOD. Wo guarantee a permanent euro In cvoiy t-uso undertaken.
Sciul 2 stamps for troatlso with proofs nd testimonials.
Address The Climax Moclical Co , St. Louis , ! VJo.
URIEL'S HAY PRESSES.
A.ra tha Cheapest , Most Durable , Smallest in Size mid Lightest in
Weight.
WlthTnoltay Theses et any Unclean the crnonnt of wor'e ' produced , Buch little cxpcntf , ( ten trn * of hay
nn'Kcwr toloiil ral'tml ' l > ocaraj can bo dcuowlth tliot'ital Jmjiroicl Mnclilr. \Verrantiil or LO
snip. ror Illulst n1 eel now circular address , EUTKL i : CO Qalrcy , IHItioK ,
Llcntloa uu.ah& lieo a Horn KsMbllsliol In 1:03.
(
t
Arenow
rtf .
Tlae greatest bargains ever seen in Omaha
200 ORGANS ! ! 100 PIANOS ! ! ' !
FOE CASH OB ON INSTALLMENTS
Also great reductions in. Diamonds , Je -
elrv. Clocks and Silverware.
L * .
The only importers of Havana Cigars ,
and Meersckaum Goods in Qxnafoa.
Wholesale dealers in Guns , Ammunition ,
Sporting Goods , Notions and Smokers' Ar
ticles.
THE CHEAPEST PLAGE IN OMAHA TO BUY
One of the Best and Largest Stccks in tl e United States
to Select F/om.
'
STAIKS TO CLIMB.
ELEGABT PASSENGEB ELEVATOR
WIN& GO.
ffJST
Milwaukee. WSs.
GITWTHER & GO , , Sole Bottlers ,
WHOLESALE BY
L , A STEWART fa 0-
1013 Jones Street \ AB row. KD oium \ OMAHA 1
DR. BYSAKT ,
OfUco and rouidenco , N. W , Cor. 12tb
and Howard streets.
KSzTOalls onawnred promptly night
and day.
E3rSpoclftl attention plvon to the dl-
BOiaos of women and children.
Private Lessons
IN GERMAN !
aiYliN Day ot evening , Tenni Tery moderate ,
Call on or addreu ,
r , K. WKISaQBHIlKB ,
Omvha C mmclil Collect , llli& 1119 r'arnam Et
Finest Millinery
And lltt fli'o/Hn lb ( Illy.
Motdelsaolm & Fisher ,
llcoma 23 and SOOmnuaNatl L'auk lllcck.
Hl'lCUSOkB TO
Dufrene fit Mendelssohn
flco. U FUbcr , ( arntrly vlthV , U I ) , Jtrmo/ ,
Architect , Chitu.'o , Jinllcliu
i
