' ' ' THE OMAHA DAILY BEE. . 1'- , . . SEVENTEENTH YEAH. OMAHA , TUESDAY MOHNING DECEMBER 0 , 1887. NUMBER THE CONVENING OF CONGRESS Both Brrmchos of thoNntlonnl Legis lature Formally Oponod. TURPIE SEATED BY THE SENATE OhJectlemH Made l < > tlin HwrnrliiR In of Fiuilkner C'nrllnlc ! Kleuted Hponkcr of thu House ProcecelliiiH. Home. OpenliiK HeciicB. WASHINGTON , Dec. I" , . [ Special Telegram ( o llio Hnn.--Congrcss ] , for the fiftieth time , convened lo-diiy. ItVUB so iiulut nn opening that Home far-seeing statesmen Imvo said to the Hir. : correspondent to-night that It Is nn omen of u stormy tlmo bofoiu Iho heat of Rummer forces n vacation. Hut there wore In attendance all the adjuncts which usually go to malto up nny great event ut the nutlomil rapltol. There were the crowd , Iho excite ment , the ( lowers , the fuss and hurry the fresh young persons and the Irrepressible cranks. The dny was flnu mid pleasant out side and , notwithstanding thu cloud Inside , the atmosphere .In thu eapitol was good for the capltol. The ctowd c.imo last. The same old crowd that always attends a big day at the eapitol ladlcn who come early and tale the best seats ; men also , having nothing bet ter to do than nit on the hard benches of the galleries , and sight-seers who came to see thu opening of congress. The Semite Bide was the attraction at first be cause , after all the funs Htlrred up , cverjono thought there was going to bo a busy tiinu on the lloor. Hut how disappointed everyone was , because thu opening of thu senate was dignified and stately as it should be. Hut the crowds had a Jolly time in looking at thu people and watching thu new senators on the lloor. Everyone wanted to know who occupied the sent on the lust row of chairs on the elum- ocratlu side which was almost hidden by ( lowers. At last It became known thut the seat was to bo occupied by Daniel , of Vir ginia , und then they began to count the floral tributes scattered carelessly about It. Thuro were horto shoes and baskets , bonuets mid wreaths , all beautiful and sweet smelling flowers , but thu floral tribute that took the cake was u rather rickety looking ladder of roses and carnations , supposed to represent the ladder of fanio. On the top round weru the words , "United States senate. " "Why , " exclaimed an old lady In the ' "it Jiienb who stranger's Bill lory , was : limbcd the ladder , not Daniel. Seine one aught to send him a lion's den. " The only i cmark sdu got in answer was from u stout old man who was sitting next to her , "Ho has Just left the great American bcnr pit across the way and by coming to thu senate has got among the lions. " The ttld lady looked at him as If she would be obliged for a diagram of his Joko. A huge panic of the choicest roses weru upon thu desk ) f Senator Paddock and ho was most cor- ilnlly received by iivcryono. Onu of the ( land tributes that attracted the most atten tion in the senate was a large harp on Kiddlu- ucrgcr's desk. It was a gorgeous affair and Svas tied with gay ribbons und a big card. The senate presented a strange appearance to an old timer in thu gallery because llicru tvciu so many new faces there to-day. The great sensation Iho democrats had tried to scare up did not nmtcriali/o and hcncuthu opening proceedings were very tamo. The republican senators told the democrats that F.iulkner , of West Virginia , could not bo heated , and llku good little boys thu demo crats ube.\ed. Faulkner was disai > ponted ! , because somu lady friend had sent him u florfil chain with an invitation to take a seat. He did take a seat but not onu in thu senate. The only point of interest in the proceed ings , outside thu usual run of the opening of thucitato , was the swearing in ot Turpie of Indiana. Ho was nervous , and when he was asked to hold up his right hand , it trembled to that hounild Imiclly do it. Hut , even in the house the fun was supreme and thu crank hud full sway. The house was hi a sort of a chaotic state all morning. The old memb'Ts took their old seats but the new membijis flitted about and now ami then s.mk into a vacant chair , only to rise again at thu approach of someone with an apologetic remark - mark , for occupying the wrongscat. . The pages \\cro kept busy all morning bringing In floral tributes for the members. The cow boy congressman fiom Texas , Mai tin , sat in _ a scat in the back row , looking like a fish out if water. John linker , Morrison's successor , ccuplcd a seat near William Walter Pin Ips , ! The Illinois member is striking in appear nice , and of the antique statesman mold. He has a clean shaven face , with a light sprinkl Ing of hair on his head. Ho wears an oh' fashioned stock and high collar. Neai li.V sat "Deacon" White , of New lYoik. lie watched the events Svlth Interest thiough his goli : rimmed eye-glasses. Hurlc Cochran , Tain , jumny'a sliver tongued orator , appeared in n mew suit of grayish colored clothes will Htriklng necktie and n pleasant smile. Amos Cummings , the second New York nuwspapci inan In this congress , stuck close to Merri limn , the first one , and seemed to feel safe Vvhcn under ids wing. Springer danced about the lloor witli u red , red rose-bud ii ; .he lapel of his coat , Mttle dreaming of tin pad things in store for him , but Springer is nlways dancing about the lloorwhelher ho bi jncrryor sad. Uandall sat gravely behind ; largo green harp which had been placed ot Ills desk. He looked sour and ill-pleased. General Clark , thu clerk , nipped thu housi to order and the hum of voices cleared for t while. "J cull the roll of members , " began Genera Clarke. "No I" shouted a strong volco from thover.\ \ lust seat In the public gallery in the far north rust corner , "wo will begin by singing tin doxology , mill 1 want you all to Join me. " All eyes \vcio turned in the direction of thi voice and every one saw a lank man with ret chin whiskers standing up in thu corner o : the gallery. He raised his arms and began "PrulsoGod from whom all blessings How ' Here lie stopped , Hoping to hear sonm re niHiuso from the floor. Hang , bang , bang went General Clarku's gavt'l , butt lie slngei ( IUl not heed the warning. Then u wild burs of laughter followed , for the man was contin ulng : "Praiso him all creatures heru below. ' Then bis voice was drowned by the uproa of hand-chipping and laughter. Mr. Clarke' : order to the scrgeant-at-arms to remove tlu disturber of the pcaco did not have mud effect on the singer , for ho kept up the wav ing of his arms and his singing , and ho sanj it to the very end und finished with a loui "Amen. " Then ho sat down as calmly in could be. The man had selected a good place for no onu could get nt him , a ho was in the last row , far uwa ; from the entrance door and next to a big ! wire screen which kept off the doorkeepe ; from tliu other gallery. Finally one of tin ofllcers reached him und ho quietly got u | unit followed thu policeman carrying will 1dm Ids tall whitu Imt and a laigo bundh done up in n newspaper. He was taken t < the chaplain's room. "Who aiti you ! " was asked. "Patrick Uugan , " was the reply. "Why did you make the dlsturbancol" "To praise God. There was no prayer b ; the chaplain and such assemblages shouh not bo QlH'ticd without prayer to the He deemer. Oh I'm used to this sort of treat incut. 1 Imvo been coming down along .th Atlantic coast und have been clubbed by th < iwllco ut nearly every place. At Ho'ston the , tried to brnln uio und break out my ribs. Imvo a brother who wears ix robu in tin Uoman church and I wouldn't tradn iilucp with him , " TJio juiui 13 weak luiuUed nu < was taken to tho. station house. After ipjiet was restored the roll wasenlle and then the election of ofllccrs took place General Clark must Imvo wanted to mnko th IIOUHO laugh when ha picked out big fut Toi . Itccd and little thin Sunset Cox to act as a escort Tor Speaker Carlisle to the chair , A toy rate-tho contrast did cause laughter um Sunset Cox cqetned to rnjoy the fun. After the members were sworn In they all rcllrvd to thu lobby and the lottery of seat drawing be-gnn. The blindfolded page took his place nnd the box with the numbcicd balls In It was placed before him , The Nebraska delegation was not very fortunate In securing seals ns Iholr names were not early called. Mr. Dor- sey got the seat he eiceuplcd In the last con gress , and Mr. Laird went far over to the southwest end , near the place ho sat In nyear ago. Mr. McShnno got a fair seat near thu I'entcr of the democratic ; side. The lowu delegation also fared indifferently. Senate. WASHINGTON , Dec. 5. The senate cham ber were n fresh nnd tasteful op- pcaranco this morning. The Doors und galleries were newly carpeted and thu desks gllstcneil in their coat of varnish , the odor of which mingled faintly with that of boqucts and gorgeous floral de vices which entwined the picture. The thief topic of convctsation with the majority was the prospect of n conflict over thu admission of certain democratic senators- elect , and pat liy because it was known that thu republicans , In default of nny caucus plan of ai'tlon , bad concluded to fol low the lead of their members of the commit tee on privileges and elections. There had been an informal consultation , It was under stood , und hud leached the conclusion to maku no opposition to thu admission of Turpie , of Indiana , but to object to Faulkner , of West Virginia , on the ground that there weru conflicting credentials from that state. Thu general opinion was that there ) would bo no dead-lock and that the usual coursu of open ing proceedings would not bu broken. Mrs. Cleveland , clad In a costume of dark green and accompanied by Mrs. Gilder , Mrs. Mlngsford and several others , occupied the seats reserved for the family of the presi dent in one of the privuto galleries. The di plomatic gallery was filled by members of the various legations , the front scat being oc- cuplcd by thu Chinese minister , his secretary und his associates. Thu proceedings of the day wcro opened with prayer by Chaplain Kcv. .1. C ! . Hutler. President of the Senate Ingalls then took thu chair nnd called the senate to order. Ho said ho would now place before the senate the certificates of election , cei tilicatesof appoint ment nnd other papeis received since the adjournment. The following papers were thereupon sub mitted and read : Certificate ot the governor of Florida making the temporary appointment of J. J. Finlay as senator from the -Hli of March , 1SS7 , until the legislature should fill the va cancy caused by the expiration of the term of Senator Jones. Certificate of the governor of Florida of the election by the legislature of Samuel Pasco. Certificate of the governor of New Jersey of the election of Kufus Hlodgett. Certificate of the governor of West Vir ginia of thu appointment by him of Daniel H. Lucas to fill the vacam-y caused by the ex piration of the term of Senator Camden. Certificate of the governor of We-st Vir ginia of thu summary proceedings by which the legislature ) In special session elected Charles J. Faulkner as scimtor to 111 ! a va- cane'y. Credentials of William E. Chandler ns Sen ator from Now Hampshire. Protest eif Daniel H. Lucas against the administration of the oath of office lo Charles T. Faulkner. Thu grounds of the protest are : I. Tlmt the executive of Hie state of West Virginia 1ms not certified the election of Faulkner under the seal of the state , as required by act of congress. ! i. For the reasons set out in the briuf of Daniel S. Lucas , a copy of which accompanied the protest. ! l. HeeaiiM ! Charles J. Faulkner was , at the time and date of his alleged elec tion , on tbo Mb of May , Ibb7. Judge of the Thirteenth judicial district of West Virginia , nnd therefore Ineligible to thu oftlco of senator , The protest was laid on the table and or dered printed in tliu record. The ceremony of administering the oaths of oftlco to the newly elected senators was then proceeded with , such senators being called in parties of four , and in alphabetical order. Mr. Hoar objected for the time ) being to ad ministering the oath of olllcu to Mr. Faulk ner. Ho understood that whatever question arose concerning the title of that senator to a seat uroso on the credentials themselves. While thu proceedings of the legislature anil history of the case wcro being discussed and fully recited , he gave assurance ) that the question should bo dealt with at the earliest possible moment , so that the gentleman enti tled to the seat would bo able to enter on the discharge of his duties us u senator. Mr ICunna said the course sugeestcd seemed eminently uppropriuto und ho trusted thataition would bo taken without the for mality of a vote. This suggestion was adopted. At the suggestion of Mr. Vest the privi leges of the lloor were given to Mr. Faulkner pending the decision of the contest. Mr. Harris presented a memorial for a constitutional amendment prohibiting the manufacture , sale , Importation , exportation or transportation of alcoholic drinks in the United States. Heferred. i Mr. Hoar presented a memorial of F. Win ter'and others In respect to the scat of Senator Turpio of Indiana , and moved its , reference to the cammittco on privileges anil i elections. So ordered. Ifesolutlons were adopted to Inform the : house that a quorum of the senate hail assembled , and for the appointment of n oommlttco of two senators to join a like committee of the house nnd inform the presi dent that quorums pf both houses had as sembled , and congress was ready to receive any communication he might bo pleased tc make' . , Messrs. Merrill and Morgan were up- pointed such commlUcu on the part of the senate. Adjourned. House. WASHINGTON , Dec. 5. Long before the hour of noon thu galleries of the house were crowded to the utmost rnp.icity with spccta tors. Ladica were in the majority and thcii gay costumes lent an air of animation to the chamber. On the lloor the members congre gated and exchanged greetings and congrat ulations. At noon thu clerk of the house s culled the body to order and was about tc cull tliu roll when n crunk in thu gnllerj r started a Salvation army hymn , which he sang lustily until ejected by the doorkeeper. . The clerk then proceeded with the roll call amid a great deal of confusion. On call of the roll HI ! ) members nnswcrcil to their names und the clerk announced thai more than a quorum being present the next business in order was thu election of sjicakcr John G. Carlisle wus put in nomination bj Mr. Cox , of New York , nnd Thomas U. Heed by Mr. Cannon , of Illinois. The vote resulted us follows : Total number votes ol cast illll ; of which Carlisle reeeivce : 103 ; Ueed US , and Hrunun , of Pennsylvania , ii. Of the four independents , Anderson , ol Iowa , voted for Carlisle , Nicholls , of Nortl : Carolina , and Smith , of Wisconsin , foi Hrumm , while HppUlns of Virginia did nol vote. The clerk thereupon declared Carlisle duli elected speaker , und hu was escorted to the speaker's desk by Messrs. Cox and Keedamli loud apilaiso. | | Thu oath of oftlcu having been administered by Mr. Kelly , of Pennsyl vania , the speaker rapped the house to ordei und made a spe-ech. Ho said In part : I Gentlemen of the House of Heprescnta lives : In assuming for the third tiiao the duties of the laborious and responsible ofllce for which you Imvo just chosen me 1 desire to tender my grateful thanks for the dis tinguislicel faVor conferred and to assure yov that itill be my constant cmteavor tc Justify the e'onlldetice reKweil | In mo by n fails and Impartial administration nf the hu\ governing your prouceding * . There scarcely has ever been a tlmo in our history when tin continued prosperity of our country do pcndcd co largeJy upon legislation in congress us now. Whatever is done must bo done hero , nnd If nothing is done , the rcsponsl bllity must rest hero. It must bo evident te everyone who 1ms taken oven a partial survcj of public affairs that the tlmo has now comi when a revision of our revenue laws and a re duction of taxation are absolutely necessary ii . order to prevent a large and dangerous uc cumulation of money in the treasury , TJn financial condition of the government nnd the private business of the people alike demand prompt consideration of these hubjrels nnd the speedy enactment of f omo substantial measure of rehuf. Unfortunately wo are menaced by dangers from opposite directions. While the jiolley of non-action must Inevit ably result , sooner or later , In serious Injury to the country , wo cannot bo unmindful of the fact that hasty und Jnconsidciatc legisla tion on subjects more or less affecting largo financial and Industrial interests might pro duce , temporarily ut least , dlsturbatucs nnd cinharrassnie'iits which a more prudent cause would entirely avoid. No part of our people are more Immediately or vitally interested in the continuance of financial prosperity than those who labor for wages. Upon them nnd their families must always fall the most illsastrous consequences of n monetary risls , and they , too , are always the last to iiillre the benefit of a return to prosperous lines. Then wages are always first to fall , vhen the crisis comes nnd the last to rise ivlien It passes away. Our efforts should bu o nffoul necessary relief to all without In- ,11 ry to the interests of any and therefore that course of legislation should bu pursued .vhich will guarantee thu laboring people of .ho country ngainst the paraly/ing effects of general and prolonged llnnnclal dcpressldn mil at the same ttmu time not interfere with .heir steady employment or deprive them of inypart of the just reward they arc entitled o. If this can bo done , and I believe It can , four deliberations mo conducted with the wisdom or patriotism which the gravity of thu situation demands , this congress will have caitbo to congratulate Itsulf on nn achievement which prom- "ses peace and prosperity to the oiintry for tunny years to come. These remarks may bo considered somewhat out of llio usual course and perhaps not entirely pertinent to the occasion , but J bollevo you will excuse them , gentlemen , because they rulutp to subjects which , us we. usscmblo hereto to day"arc uppermost in the minds of all people. On a correct .solution of thu ques tions which thesu subjects nccessurilv In volve may depend the fate not only of lolitical parties , but , what is far more im- > ortant , the permanent welfare of thu great est and most enlightened constitution In thu world. When the applause which greeted this speech had subsided thu speaker entered upon the duty of administering the oaths of oftlco to the members-elect , who. in groups of n dozen at u time , appeared at tlio bar of the house und qualified. This duty having been accomplished , the speaker announced that nomination1 ! for house officers were. In order. A resolution presenting for election the democratic caucus nominees was submitted by Mr. Cox of New York , while a similar resolution presenting the names of thu ru- publlcan nominees w.is offered by Mr. Can non of Illinois. Mr. Hrumm of Pennsylvania put the fol lowing new ticket in the field ; For clerk Robert Schilling , of Wisconsin. For sergeant-at-arms K. W. Curry , of In diana. For doorkeeper J. C. Oakley , of North Carolina. For postmaster J. A. Campbell , of Penn sylvania. For cliuplaln-Ucv. W. II. Mllburp , of 1111- nols. nols.Tho ticket was not successful , receiving thu support of but three members Messrs , liraum , Nichols , and Smith of Wisconsin. Mr. Cannon's resolution was defeated and that offeree ! by Mr. Cox was adopted without division. The ofllcers elected appeared and quali fied. fied.A A committee , consisting of Messrs. Cox , Uandall and Cannon , was appointed to wait upon the president and announce to him that the house was organi/ed and ready to receive any communication ho should sco fit to make. Then thu members were requested to re tire behind the semi-circle of desks und the lottery for seats was begun. At its conclusion the house adjourned. T1IM CIM'IN 1)1 VOUCH CASK. CiiHtoily of the Children Givuii to tin ; Governor. DnxvnH , Cole , , Dec. . " . [ Special Telegram to thu Hui : . ] Judge Hogers , of the superior court , to-day made a final order in the cele brated ex-Governor Ollpin divorce case in re gard to the possession of the children. Fol lowing is a summary of the opinion : Julia P. Gilpin's bill , seeking alimony and payment of attorney's fees , ordered dismissed , William Gilpin to have t'ao custoJy of the children , but the the defendant , Julia P. Gilpin , to have the right to visit the children for a spuco of twelve hours per week on any day she may select for that purpose and the children to have the privilege of visiting their mother one day each week at proper and reasonable hours. Should cither or any of the children bo taken ill und require care or nursing , Iho mother shall have the privilege of performing these duties. Neither of thochildren is to betaken taken from under the Jurisdiction of the court by their father without notice being given to the defendant , their mother , or with out formal order of the court. Lastly , the plaintiff , William Gilpin , is to pay ull costs of suit. The order made does not signify that the end of litigation in this cause celebro has yet been reached. It is more than likely thattho attorneys for the defense may take and carry the case to a higher court. Mrs. Gilpin is u daughter of the late General S. H. Pratt , of St. Louis. Dcntli in Ice Water. NEW YOIIK , Dec. 5. [ Special Telegram to the lluu. ] The Sun prints the result of inquiry into the danger of conveying infec tious disease in ice used for domestic purposes poses- All ice used in New York and Brook lyn comes from the Hudson river between hero um ! Poughkccpsie , nnd two-thirds of this supply is cut within thirty miles of Albany. Dr. Pruddcn's analysis of this ice bhows typhoid fever nnd possibly cholera might bo spi cad umong the consumers. Ho finds an average pint of melted ice contains NHK)0 ) , ( ) living bacteria of various kinds. The Hudson ice contains more than other ice. It is certain , ho says , that thu ice from some parts of the Hudson must contain bacteria of typhoid fever , and must bo taken living into thu system with the Ice water. Dr. C. T. Chander , formerly president of the board ol health here , sustains this. TrouhlcH. CINCINNATI , Dee. 5. The Hoelgcn Commis sion company , whoso main oftlco is in Louis ville , with branches at Cincinnati , Evansville - ville , Indianapolis , Chicago , Pittsburg. Clove-land and Baltimore , is reported failed to-day on account of the steady rise in the markets. Its total liabilities uro $90,000 to f 100,000 , with assets amounting to 10,000. The firm is a "bucket-shop" concern. Ixi > i\N-\i'oi.i ! < , Ind. . Doc. 5. Theodore Pfaftlin & Co. . dealers in musical instruments failed. Their liabilities are estimated at $75,000 ; assets unknown. of the "WnlkinR Wonder. " , Devc. 5. John Owen Snyder , better known as the "Walking Wonder , " elicd yesterday at his homo nt Mill Grove , Hlackford county. For nearly three years previous to his death , Snyder was impelled , as lie bald , by some mysterious force to walk constantly , and ho tooK hit. meals while con tinuing the ceaseless tramp. Ho blept but little , generally in the chair , but thu minute he woke ho started walking. Anuroliy and Libel. I.vniANAroi.is , Dec. n. The Sentinel to-day charged Phil Happaport , editor of the Indl- dlann Tribune , with making an anarchist speech yesterday , und Kuppaport has caused the arrest ofV. . J. Craig , editor and propri etor of the Sentinel , on u chum : of criminal ibel , The I-'lro ICecord. CIUTHUI , Out. , Dec. 5. The passenger steamer C. II. Merrett , plying between here and Detroit , burned this morning , causing n loss of 116,000. She was Insured fo Doomsday Deferred. NEW YoiiKDcc. 5 , Heir Moat wus to have been sentenced to-day , but the case was post poned uutil Thursday , ' when u motion for o trial will be argued. , PROHIBITION SCORES A POINT , The Supreme Court Docldos the Famous Knucas Liquor Gases. THE STATE TRIBUNAL SUSTAINED An Opinion WJilcliloclai-cH Any Com * inniilly Hart n lllglit lei HupprcsH of IttiHlncsM In jurious to It. A Cold AVnter Decision. Dcu. 5. A very linK | > rtant decision and turn likely to bo far-reaching In its consequences was rendered In thu supreme premo court to-elay In the so-culled ICnnsns irohibition cases of Muglcr ngulnst the State if Kansas nnd thu State of Kansas against { cibolel and others. The Judgment of the rourt was pronounced In n long and elaborate oninlon by Justice Harlan , who said : The general question In each e-nso Is whether the prohibition statutes of Kansas lire in conflict with that clause of tliu four- ecnth amendment which provides that "No state shall muko or enforce any law which hall abridge the privileges or Immunities of ciU/cns of ttio United States , nor shall uny stuto deprive uny person of life , liberty or property without duo process ) f law , " That the legislation by u state pro- libiting the manufacture within her limits of Intoxicating liquors , to bo there sold or jartered for general use ns u beverage , docs lot necessarily Infrlngs any right , privilege or Immunity acquired by the constitution of the United States Is made clcur by decisions this e'ourt rendered before and since Iho iidoptlon o < ° the fourteenth amendment. It Is , however , contended thut although the state may prohibit the manufacture of Intox icating liquors for sale or barter within her llin its for ( 'cneral use ns a bevcragu , no con vention or legislature has u right under our form of government to prohibit any clti/en from manufacturing for his own use or for export or storage any uiticle of food or drink not endangering or affecting the rights of others , The argument made in support of the first branch of th'is proposition , briefly stated , is : that in implied compacts between the state and a citizen certain rights nro preserved by the hitter which are guaranteed by constitu tional provision , and with which the state cannot interfere ; that among these rights Is that of manufacturing for one's own use , either food or drink. The proosition | and argument made In support equally concede that the right to manufacture ilrink for one's personal use is subject to the condition that such manufacture elocs not cndangeroraffect the rights of others. If such manufacture docs prejudicially uffocttho rights and Inter est of the community , it follows from the very premises stated by counsel , that u so ciety has power to protect itself by legisla tion against thu injurious consequences of that business. As was was said in Mum vs. Illingers , while the i > ewer does not exist with the whole people to control rights that are purely and exclusively private , thu government may requiru each cti/.en ! so to conduct himself and se > use his own property as not to unnecessarily injure another. Hut by whom or by what authority is it to bo de termined whether tbo manufacture of a par ticular article of drink , cither for general use or for the personal use of the maker , will injuriously affect the public. Under our sys tem that power is lodged with the legislative branch of the government. It belongs to that department to exert what uro known as the police powers of the state. It must deter mine primarily what measures nro appro priate or needful for the protection of public morals , public health or jmbliesnfety. It does not nt nil follow from these principles that every statute enacted ostensibly lor the promotion of these ends is to be accepted an u legitimate exertion of the polic-o powers of the stato. There are of necessity limits be yond which legislation cannot rightfully go. As the courts must obey the constitution rather than the lawmaking department ol the government , It must upon its responsi bility determine whether in nny purticulai casu these limits have been passed. Keeping in view these principles , us governing ichf- lions with each other of the Judicial anil legislative departments of the government , it is difficult to perceive uny ground for the Judiciary to declare that thu prohibition by Kansas of.tho manufacture and sale within her limits of intoxicating liquors for general use there a.i a beverage is not fairly adapteel to the end of protecting the community against the evils which confessedly result the excessive use of ardent spirits. There is hero no justification for holding that the state under the gulso merely ol police regulations is aiming to deprive a citi zen of his constitutional rights , for wo cannot shut out of view the fact , within the knowl edge of all , that public health , public morals and public safely may bo endangered by the general use of intoxicating drinks , nor can wo ignore the fact established by statistics , accessible to every one , that the dlsonlcr , pauperism nnd crime prevalent in the coun try arc in n largo measure directly traceable to this evil. If , therefore , the stuto deems the absolute prohibition of the manufacture nnd sale within her limits of intoxicating liquors for other than meetical , scientific ami manufacturing purposes to bo necessary to the peace and security of society , the courts can not , without usurping legislative functions , override the will of the people as thus expressed by their chosen rep resentatives , and so if , In the Judgment of the legislature , the manufacture of intoxi cating liquors for the maker's own use ns a beverage would tend to cripple if not dufcal her efforts to guard the community against the evils attending the excessive use of such liquors , it is not for the courts uixm their views us to what is bcstand sutest for a com munity to disregard the legislative determin ation of thut question. With reference to the assertion thut prohibition of the nianu fucturo mid sale of liquor deprives thu liquoi dealers of their property without duo pro cess of law , thu court says ull property , under dor our form of government , is subject that jt shall not bo used so us to injuriously uffect thorightsof acommnnityund thereby become a nuisance. The stuta of Kansas had a right to prohibit the liquor traffic. It did not thereby takeaway awuy the prop erty of the brewers. It simply abated a mils once. The property is not taken away from its owners. They lire only prohibited fron using it for the specific purjMso which the legislature declared to bo injurious to the community. "For the rcasons-stntcd , " says Justice Har lan. "wo uro of the opinion thut Mupler , the Plaintiff In error , has not been denied by the Judgments of the supreme court of Kansas of any right , privilege or immunity secured to him by the constitution of the United States nnd its judgment In , each case is according ! } affirmed. Wo are also of the opinion that the circuit court of tho. United States erred it dismissing the bill of the stuto in her suit against X.eibold and llugelln. The decree in thut case is reversed and the case remanded , with direction * to enter u decree grunting to thu stuto such relief us the act of March 7 , ISs.1) , authorizes. " ' Justice Field concurred in the opinion so fur ns it related to the two cases in which the state of Kansas wan defendant , but disscntci as to the case of the state of Kansas vs..ei bold. Ho agreed , ho said , to so much of the opinion as sustains the validity of the act of Kansas prohibiting the sulo of intoxicants which uro manufactured in the state after the passage of the act. Ho wus not prepared , however , to say that the prohibition of the manufacture of suet liquors , if intended for cxiwrtatlon , can bo sustained , nor that the Mute can forbid the sale , under proper regulations for the healtl and morals of , the people , of any article which congress may authorize to bo im iwrtexl. He was not ready to admit that New York or " any other cous state can' thus defeat an nc of congros. " , neither could ho concur In the vr-liditvof the thlrcentl. section p. the Hrohlblllon net of Kansas , because ho bc- cve'd It uuthorl/e'd the destruction of prop erty without duo process of law. Another Important Dec'lxlon , WASHINGTON , Doe. fi. A decision waswen- ilercd by the United Stutes supreme court this afternoon In the Virginia habeas corpus cases of Attorney General Aycrs nnd Iho commonwealth's ' attorneys , Scott nnd Me- Cube , who Lwcro Imprisoned by order of Judge Hond , for disobedience to n restrain ing order forbidding them to bring suits for the collection of tuxes in e'nscs whcro tenders had been made by receivable coupons cut from state bonds. This court In a very long und elaborate opin ion by Judge ) Matthews , holds thu suit In which Judgu Hond Issued a restraining order in the cm-cult court , nlthouph nominally a suit ugiilnst individuals , is In reality u suit ugalnst the state of Virginia und us such Is forbidden by the eleventh amendment to the federal constitution ; that the United States circuit court had therefore no author ity to entertain such suit. In so doing und In Issuing u rcslrulnlng order to prevent the officers of llio sluto from discharging their duties under the laws of the state , ludgo Hond was acting without constitu tional warrant and that the restraining order nml ull subsequent proceedings under It , Including the arrest and Imprisonment of petitioners , weru illegal and without author ity. The court therefore direct * tlmt the pe titioners , Attorney General Aycrs and the commonwealth's attorneys , Scott and Me- Caho , bo nt once discharged. The opinion , which Is that of the whole coiiiC with Iho exception of Judge Harlan , who dissents , sustains the state of Virginia ul ull points and viitually declares thut astute stuto , us u political sovereignty , cannot bu sued or coerced in the federal courts , cither by action brought against her by name or by action brought against her officers In Ihoir official capacity unless by express consent of the state. This Is not Intended In nny way to infringe upon the principle which Justilies suits against individual defendants who , under cover of Iho authority of unconstitutional legislation by the state , arc guilty of personal trespasses und wrongs. "It need not bo ap prehended , " .Tuslicu Matthews says , "that tliu constitution applied to the eleventh amendment In this case will embarrass or obstruct the execution of thu laws of the United States in cases where stuto oftL'ers are officers arc guilty of acting in violation of them , because tliu United Stutes deals with them as individuals owing obedience to its authority. Astute has not ( rawer to Inipuit to them any Immunity for ivsjioiisibllity to the supreme court of the United States. " FIDELITY FKAUDS. DaiuaglnK Kvldonco Continues to lie ; Given AijaliiHt Harper. CINCINNATI , Doc. i > . In the Harper trial to-day Seholleld , ot the First National bank of Now York , stated his bank hud a claim of $250,000 against Receiver Armstrong , of the Fidelity bank. Bookkeeper Walters was then cross-ex amined ut considerable Icngtfi. He said the Hivcrsldo Iron & Steel works endorsed by Harper gave them a credit of $100,000. Ho stated also that Hurpcr had a fictitious credit with the First National bunk of Now York upon which ho drew. Wallers slated that ho carried buck to the Metropolitan National bunk $100,000 which had been borrowed as a temporary loan by Harper. Ho thought this wus Juno 17. Charles A , Hunch , assistant receiving teller of the Fidelity National bank , read from the books u schedule showing the checks carried ns cash items ilay by eluy during IbSti and Ihh7 b.V E. L. Harper. J. W. Wilshire , J. W. Wilshiro & Co. , Wilshire , Eckcrt & Co. . B. L. Harper & Co. and Swift's Iron & Steel works. It showed May 10 , 18ST , n total of MieGUO ; May HI , f'.UO.OC ) ; Juno 1-1 , f9.V,7-ll ) ! , and Juno 20 , when the ac count was closed by the government , these items amounted to ff.lOO.'JOi. Witness said iie received his Instructions with regard to these transactions from Hurpcr. From January 1 to Juno 'M HnrpcrVt account was overdrawn at the last day ffll.OOO. Thu Swift's iron and steel works account was overdrawn all the time in amounts ranging from $100,000 to f 170,000. The ledger of the uiink showed nn average credit balance of about SllO.tXH ) , the books falling to show the true condition of the account by from ? J00OUO ! , to 5 00,000. Witness made similar showings with regard to Wilshire & Co.'s account and in every Instance stated that the course taken was at the instance of Mr. Harper. It ap peared that at the final crash Wilshire , Eeker & Co.'s overdrafts reached the enormous sum of $1,1011,1while ! : Swift's Iron and steel works account was much nearer even than it had been. Witness explained that this was done by Harper himself substituting thejr cheeks for these of the Swift iron and steel works. Harper appeared to have control of these checks , for ho brought them to witnsss to be entered us he directed. MISSOUIII PACIFIC OFFICIATES. Preparations ! l-'or Ite'ce'lvlni ; Gould , Clark nnd Others nt Pueblo. Punni.o , Colo. , Dec. . " . [ Spcclul Telegram to the HKE. ] The Missouri Pacilio oflicials Including George Gould and S. H. H. Clark , will arrive in Pueblo on the morning of December 9. These gentlemen will bo accom panied by various other officials of the road. Officers of the Itlo Grande , anil Denver , Texas & Gulf , will accompany them. A banquet will bo tendered tbo railroad officials andl nvitcel guests at the Grand hotel b.\ the I'ueb'o ' board of trade , to bo followed by other festivities. The railroad oftlclals will remain hero probably until the IMh , when a grand barbecue and trades displav will beheld held , to bo followed by dancing and other festivities in the evening. This will bo par ticipated in by people of nil the surroumling towns. Special rates on railroads have been se'curcd , and trains will bo run hero on the day before for the purpose of bringing thu people in. It will bo u grand occasion. ArrivulH , NEW Youic , Dec. fi. [ Sjiccial Telegram to the HEK. ] Arrived Thu . Anchoria , from Glasgow. Ltvmirooi , , Dec. 5. Arrived The Men- taore , from JJaltimore. SOUTHAMPTON' , Dec. .1. Arrived The Elbe , from New York for Hrcmen. I'M MOUTH , Dec. 5. Arrived The Moravia , from New York for Hamburg , Gusaow , Dec. C. Arrived The State of Georgia , from New York. QoKKNeTow.v , Dec. 5. Arrived The Spain , from New York , Murderer Henry HUH a Henrlng. DK.VVKII , Colo. , Dec. .1. [ Special Telegram to the Heo. ] The preliminary hearing ol Charles E. Henry , the nineteen ycaroli ] gambler , who murdered little Eftlo Moore , the Pulaco theater variety actress three weeks , ago was held to-night before Justice Sales. Henry was admitted to bail in the sum of ? 'JO,000. A number of the prisoner's friendti uro hero from London , Out. , uiul ns they uro reputed qulto wealthy , it is thought that the amount willlicde-pohitcd in the bunk for his appearance for trial. Ceirea and Cliinn. SAX FIUNUSCO , Occ. fi. Tti btcamer San * Pablo arrived from Honu Kong and Yokohama hama tills morning , China advices state that the emperor of China , having nscertulneel that Corca will no longer forward annual tribute to China , lias issued u decree in which Corcn Is declared independent. Strike of KiiKlncers Averted. CHICIGO , Dec. 5. The threatened strike of stock yard switchmen has been averted , a satisfactory settlement as to rates of wages und hours of work Having been arrived at this morning. The DnrllnKton Flj cr llvaehca Denver. DKNVCK , Colo. , Doc. 5. [ Special Telegram to the DCE. ] The Hurllngton fast train reached .hero on time to-night thlity-four hours out trta * NnU'HPAPKH KXTIMU'IUSIJ. I'liu Xcw York Herald StaltlcH Uio l-'ogle-H of lionelotii LONDON , Dcc.5. [ Special Cablegram to Ihc ! ii : : . ] Tha Now York Herald's Parlx cell- Ion of Sunday created qulto u stir among hu undent und cumbrous newspapers of this ity. The Herald reached London curly Sunday evening und wus delivered through out the ) city by an army of newsboys , The shops und stalls were , as usual , closed In the ifternoon , but ilia newsboys penetrated every section of the city and disposed of housunds of copies. The paper was e-om- iletu In c.vcry tlepai Uncut , The main feu- uro was the report of thu election of Presl- lent Carnet In Versailles , Iho scenes In the hambers , the reception of the news in Purls , mil other Incidents , Tliu repot t was elabor ate , and was Interspersed with portraits of President Carnet , General Saussler , M. Fivyelnet , Jules Ferry and the ex-presl- lentsof the republic. Hesldes It contained .ho regular Herald cables from this city and Herlln , and n vastamountof American news. Inasmuch as President Carnet was com- uinillvely unknown here his portrait at- .fueled the most attention und comment , und ils three competitors come In for Interest , jut In n less elegreo. This feat of the Her- ild in giving the first full account of the I'aris events hero reminded many of Iho lime several years ago when It In Now York javo an account of the death of ox President Tillers on n week day morning when every London paper was silent about that event. Several club men weru heard hoping that FOine American after Iho fashion of Hren- tnno , would como to London , nnd especially for Sundays , open u newspaper and periodical bazaar in some central locu tion. Every railway bookstall is closed hereon on Sunday and although small newsdealers liere and there open their shops , thuy are not central or very accessible. Hencu the Her ald's ' enterprise In supplying the news on Sunday evening und fuvoring the newsboys attracted additional attention. IiOllI ) Speee.'lilcsw From llin Time ; of Illw Attnek lo III * Death. [ Cnpi/rfy/if / / ISS7 tiy Jttmr * ( Ionian llcniictt , ] LONDON , Dee. 5. [ New York Herald Cable Special to the Hii : : . ] Lord Ljems was apparently unconscious and entirely speechless from his attaeit to his death. There was a faint exhibition of intelligence when hu was receiving thu last offices of the church. When the physicians came at early breakfast tlmo with thu in tention of pcrcparlng n bulletin thuy fuond thut ut half past b their patient had calmly , painlessly and un consciously passed away. So ejuietly was his death that his nephew , the Duke of Norfolk , his three nieces , Ladies Mary Philllpa and Margaret Howard and his private secretary , Mr. George Sheffield , who watched by the bedside , wcro unable to fix the minutes of dissolution from first to last. There no was opportunity to senel dying messages to his only surviving sister , who is married to the Haron von Worthburg , of Havarla , as his baronetage and baronywliieli ho inherited , and ills viscounlship and recent earldom , which ho himself won , were all by patent confined to his issue , and ns ho loft none , these titles nro extinct. Very recently Lord Lyons Joined the Konmu Catholic church , his conversion , although not much talked of , having been known to his friends and in timates for some time past. On the day of his paralytic seizure his lordship received the last sacrament at the hand of the ) Ut. Rev. Dr. Hutt , chaplain to thu Duke ! of Norfolk. Ho had been through.a complete e-oursoof in struction , and since his return to London was frequently to bo seen ut mass at Corpus Christ ! church , in Maiden Lane. Ho had won the gratitude of the church when ho prevented the expulsion of thu English passionisls and the breaking up of the historical college of the English Hene- dictcs at Donny. Ho had cleverly r.sked Count Hcust , the Austrian ambassador , to oppose the departure of the German Jesuits in the Eve Lafayette on in tentional grounds with the secret ap proval of the German embassy. When the precedent had been established he good- humoredly obtained its extension to the Eng lish orders. It was arranged last evening that the body should bo intencd on Satur day next nt Arundell ut the family vault on the Duke of Norfolk's estate. The re mains will bo icmovcd from the Duke of Norfolk's house , St. James square , to Arundel eastlo on Friday evening next. On the day of the funeral a special service will bo held at tbo Hromption oratory for the repose of the soul of the deceased noble man , nt which Cardinal Maunlng is expected to ofllciatc. A YOUNG DKVIIi. A Tcn-Year-Old HOIIHH a Baby on n Ke-el Hot. Han go. Jnnsr.v City , N. J. , Dec. ! > . - In the juven ile dormitory of St. Joseph's home , this evening , Frederick Hlley , nn incorrigible youngster of ten years took Thomas Jones , aged four to the kitchen , gagged him with a handkerchief , removed the child's pants , and deliberately placed him on a red hot range. One of the sisters was attracted by the smell of burning flesh and rescued the vic tim. The child cannot live. Its tormentor showed no signs of remorse , Spanish Duties. LONDON , Dee. 5. The Spanish conserva tives demand an Increase ) of 25 per cent in the duties of foreign cereals , rice nml cattle. Scnor Sagasta has determined to respect the commercial treaties made with fourteen e'oun- tries lasting until Ib'.U , but ho will tax agri cultural products from America and other countries with which Spain has no commer cial treaties , und will also levy duties on al cohol and petroleum. .liiHtlco in Ireland. Dee. 5. Eight persons present at the ; famous midnight meeting of the nation alists at Woodford wcro sentenced there ) to day to various teirms of Imprisonment. The defendants' counsel , Howies , termed the pro- e-fcdings u farce , and was thereupon ejected from the court room. Tliu DynnmiliirdH. LONDON , Dec. 5. Hearing in the e'aso o ) Thomas Callan , of Lownll , Mu s.t ami Michael Hurklns , of Philadelphia , alleged dynamiters , was resumed to-day. Forelcnei-K Fired From Itussln. VIIN.V : > , Doc. fi. All Austrian and Hun garian subjects employed In the Hussian pro vinces bordering on Gulucia nnd Kukovmn , Imvo l > n ordered to quit Kussinn tctritori before January III. liy Fire. NEW YOIIK , Dec. 5. The total losses re- l > orted by the Commercial Hullctln for the month of November reached f 10,003,075 , nn increase of ffyOOO.OOO over the November ( ire- ceding. Tills is the heaviest November on record except during the tlrnouf the lioston flro. - Freyc'lnct Officers to Form a Cabinet. LONDON , Dec. C. The. Paris correspondent of the Times nays that Freyclnet to-daj called upon SaJl-Carnot and offered to form u cabinet. SULLIVAN AND ASI1TON SPAR , Amorlcu'o Olmniplon Dollghta a London Aiullonco. HE CAPTURES THE FAIR SEX. A Coiidn | oT Hpcce-licH Ily ( ho lllg Ilostonlnit Hean Katcr llcartllj Aiilnuded | | Will llox lie- foi'o tliu Prince. .lolin'H Imle-M i\lillilllon. : [ f < > vin ' ( / ' < itt/iiiuJatnriiiiiuitiH . ] LoMiei.v , Dee ! , fi. [ New York Herald- Special to the Her. . ] ThoaiUarlum ) In Hrud Sanctuary street , upon which both thoAbboj mid parliament buildings cust their dignified shadows , is Just now devoted to Sullivan , n feminine Tunis beauty and Mitdamo Joseph- Inu's garden of living statuary , which has no rash , Intruding Comstock to bid the statues farewell. Sullivan was billed among thesu colleagues as the American llstle marvel , but Iho auditors roughly called him the Irish- American slugger. Ho commenced to night his second wvck of exhibition with Ashton , of Providence ) , and on the programme was placed in thu number nine holes in his honor. Prices for good seats were doubled. At the extreme end of thu building , In full sight of the audi tory , aru two drinking bars onu English , the other American which hitter In surmounted by Americun eagles and thu Star Spangled Halincr. I met thu boxers and party Just bu bo fora the appearance of Sullivan In evening diess , who is always first introduced to un audiencu as piullmlnnry lo his reappearance in Adamlu luosu costume for his chest nnd nrms , but tights fur hips and legs. Phillip * , his backer , told me 'hat up to date ) Sullivan had been clearing weekly u profit of i'OOi ) hero. "Last week , " hu added , "Sulli van averaged n piollt of over 100 per night. I was offuicd il'J HJ for twelve nights of Sul livan's engagements , but 1 preferred to take ) chances und 1 have done better. After this week John's engagements uro Dublin on the I'Jth und lillh , Cork the 1 lib , Limerick the l.'th und Kith , then back to Dublin on the 17th , Glasgow on the lllth and'JOth , Aber deen on the 'Jlit , Dundee the ISM , Edinburgh the " 'Id. Preston thu1th and Manchester again on the iiltli. Thesu uro ull thu dales yet fixed , but wu certainly shall keep on showing until the end of January. Then Sullivan will start into training for his light with Mitchell. If I win thu toss for choice of battle-ground , then II will bu ut a placu that Lord Mandcvlllo hut been kind enough to suggest very near England , but I don't think Mitchell Intends to fight Sullivan , although ho has deposited $ . > 00. As for the remaining $100 , our money will bo ( losled at the proper time , but I can not believe Mitchell's ' $ J,000 will go yet , as Mr. Hull hero has been appointed stakeholder. I feel certain everything will bo fair and gen uine. On Friday next John und Ashton box privately before the Prince of Wales und party ut a privuto club. His secretary , Sir Gordon Cummlngs , of Scotts Guards , came to inu lust night nnd asked if I would allow John to box and what would * wo require as payment. I replied nothing. Wo should bo only too well pleased. I myself will uc-tns muster of ceremonies for his royal highness , and I hope our exhibition. , will please him. My meeting with Sir Will iam was very friendly und wo dlno with him Thursday nt" p. in. When Sullivan was Introduced at 10 p , m. to the audience a lady next to mo remarked to u feminine friend : "He seems a jolly nice follow. " Judging from the appioving looks of the two or three hundred ladies present this seemed to bo their general verdict. Sullivan was In evening dress and said : Ladies and gentlemen , I thank you very much for your kind reception und I hope I hall always please you and deserve * it. Presently , In prl/o ring accoutrements , ho reappeared with Ashton. Hound one began by both hitting fast and furious , Ashton getting tlo | most blows in und appaicntly having the best of it. Hound Two Sullivan kept fibbing away , but Ashton stuck fairly well to him until time was called. Hound three-After shaking hands both got together , when John had soon the best play and both c'llnching und fibbing amid great applause. When this round cumo to u.n end the uudicnco departed , but not before ) Sullivan came to the front and said , in answer to n few hisses : Ladies and gentlemen : You will excuse mo if I say wo have done our best , buB always In an audience such ns thin you will find some pigs without tails. After this even the dissentients laughed , for the applause seemed unanimous. Sullivan , after dressing , said : "As regards my light with Mitchell , everyone In America feels that I shall win. You can toll them I am strictly sober and only occasionally smokoa cigar. My sober habits seem to trouble many of my New York friends moro than anything else. I have been received hero very kindlyi especially by Mr. and Mrs. Arthur Magnus , of Liverpool , who wcro the first to greet mo and who are now our guests in London. " MovcinentH til' Gould anil Vnnderbllt. l''o/i/lli/il | / / fkSi till Jilliiff Haitian llrnn'lt. ] GI.NOI , Dee : . 5. | Ncw York Herald Cubic Special lo the Hr.i : . ] Mr , Gould's yacht Atlanta has arrived here. Mr. Vander- bllt's yacht Alba arrived nt Athens Decem ber 2 and left on the -Hli to continue her cruise. Mr. Wilson' * * Prudence. ( Ciiiiyrluht6i7jj / / Jamcf Haitian llttmttt. ) PAULS Deo. 5. [ New York Heiald Cablfl Spec-lid tfi the Hii.J : D.iniul Wilson has bought an estate at Queens Ferry , ScotUnd it is supposed , with a view of getting out ot the way , if Pans gets too hot fur him. Death of a I'roncli Painter. lCoji/rfiy/insS7.fcj/ | / / Hniiltin lltnnrtt. ' } P.utis , Dee : . 5. | Nuw York Herald Pablo--Sp"cial to the HII : : ] - Phillip HOHSOU , the well known still life painter , died ycuter * dsv at his country place Acqulgny , near Kng- hein. Affairs In Franco. PA ins , Dec. fi. President Saell Carnet at his reception to the retiring Kouvier cabinet last evening , thanked their for the patriotic devotion they bad shown during the recent crisis. Hu said hu would not form n cabinet * until after he had consulted with the prcsU < dent nt thu senate ! and chamber of dcputici ' ' * und the chiefH of the republican groups. ST. PiTKiSiiino : ! , Dec 5. P.ipeM hero ap prove of the election of SuUt-Caniot us presi dent of France. Cnrnot. ' PAIII- , Dec , C. General Houlnngcr hai sent u telegram to Sadl'C'nrnot congratulat ing his former colleague in tliu ministry upon ' ' raised to the honor of president. The.Klyci ol % .Switicrlnnd. / | INK , Dec. 5 , The counsel of the state elected Gurard president and Schoch , of Schatfhntifiscn , vice president of SwiUcr. hind. Hoth uro radicals. ' ' - - . ' ' , . . * - . ' ' ? " . ' ' . ; * - . ' ' ' " ' , ; , ' - . : - > . a inA t . : , . . . - . . _ *