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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 31, 1889)
THE OMAHA DAILY BEE. EIGHTEENTH YEAJi. OMAHA. THURSDAY MOBNING , JANUARY 81 , 18S9. NUMBER 231 JP V But They Prevented Temporarily the Defeat of Submission. SEVEN HOUR FIGHT INTHEHOUSE Xlio Amendment Knrcd Prom Over whelming Defeat B > tlio Dilatory Tactics of tlio Opposition A Hnrd LINCOLN. Neb. , Jan. 30. fSpecial Tclo- pram to Tnr. llnc.j When Dempster moved to take up thn Sunday submission bill it was evident that the opposition wcro tahcn by mirprisc. Mr. McBrldo moved to amend to substitu ting bills on the general file. Tins vote was taken with breathless interest , Cady , Cam eron , Fenton. Ctllchrist nnd nil the doubtful members voting aye und the motion was lost 1i5 to. ! I. The opposition began at once to illllbustor and Morrlsscy moved to make it u spool ul order nt 3 p. m. to-morrow. The speaker ruled that Dempster's motion took priority , Morrissey made a motion to adjourn and called on the roll. Meanwhile n call was Indulged in and Me- Mlllan , Finnii and Berlin failed to answer to their names. The scrgcant-at-iirms was or dered to bring the members before the cbalr of the house , but In some mysterious manner they had got back to their seats nnd further notion under the call was dispensed with. The speaker hold that llvo members of the house could bcmnnd n call of the house ut nny time nnd it was Immediately renewed by White 'and tno democrats of Douglas. Mattes , Jr. , nnd Sweet were absent this time and they were brought before the bar of the liouso and on motion of Cady , excused by a close vote for not answering to thlr names. Hnhor and Morrissey hold nn ex cited colloquy nt this juncture nnd the whole house was in a turmoil , Cady raised the point of orOor that while the ser- gcant-at-arms was looking up absentees that no other business could brought up on u motion , bul the speaker overruled the point and declared tlmt no motion could bo enter tained under tlm call of the house except .to dispense with further business mid adjourn. Cady nt length obtained the floor and de manded the previous vuestion on Dempster's motion to co into committee of the whole. The motion was seconded , und on a roll call the previous question wns ordcrrd. The vote was then taken on the Dempster motion , which re sulted yeas Oi ! , nays liJ , The speaucr ruled that it took a two-thirds vote to take up the question out of Its order , nnd therefore it was lost. Uaynor moved that the house go into com mittee of thu whole to consider bills on the general file. Hull appealed from the decision of the chair and grew very much excited , declaring with some warmth that ho would not take hls'seat until taken into custody by the sar- BCant. The speaker ruled the point of order came too late. Gilbert wanted to know if under the rul ing of the spcako 1C anything was in order. The speaker stated that an appeal , if aroperly made , would be sustained. White made onotner motion to ad- lourn which was lost the submlssionists declaring they would carry their point if it tookthcm all night. Morrissey made a motion to adjourn until 2 o'clock Monday , but the house was tired of the filibustering of the Douglas county dem ocrats and voted the motion down , (10 ( to 3'i. Much confusion followed , but finally Culd- well obtained the floor nnd spouo as follows ; "If the minority have the right to prevent the consideration of this bill out of its order , tco majority have no right to force this question upon us , but n determined majority cannot long bo defied , and waiving the question of whicli is right , 1 am in favor of putting nn end to this useless labor and withdrawal of the objection to the consideration of this measure. ( Tremendous cheers. ) Let us meet this question lllto men ; let us arise in the dignity of our manhood as representatives of a civilized state nnd put an end to thuso dis graceful pi-gccedlngs. " Uukcr endorsed the views expressed by the member from Lancaster and said that some gentlemen on the other side had acted the part of boys , "yes of cowards In their actions to-day. " The accused hurled this insinuation and declared that they had cor' atltuonts to represent nnd were entitled to bo heard. Haynor renewed his motion to go into committee of the whole and Bul < er moved an amendment to consider Bcnato tile 31. In reply to a question the speaker ruled that the bill was on the general file and could not bo taken out of Its.order without u two-third vote. After some wrangling the amendment wns accepted by Rayner , and the previous ques tion was ordered. The house then decided to go Into commlttco of the whole to consider tha submission bill , by a votu of O'J to : < 7. The spender again ruled that it would re quire a two-tnird vote , but recognized Hall , who appealed from the decision. Thu speaker was overruled by a veto of fit to 40. Crusen , Leo , beod and Wilcox , submission- ists , voted to sustain thu ruling of the speaker. Thu motion was declared carried , nnd Cady obtained thu floor and moved nn amendment at ttio sumo tlmo , an amendment providing that high license shall be the settled policy of the state , and the legislature shall pass laws to regulate the liquor trulllc. This amendment was seconded ended by Kayiior of Cheyenne. Mr. Cady ably defended his amendment , and spoke as follows : " 1 Imvo submitted this amendment In good faith , us I belluvo It offers tha solution of the question that confronts us. I want to say to the majority of the house , the friends of submission , you are stundlng'upon tha tureshhold of a great opportunity. Hero is n practical exhibition not only of the spirit of fairness upon which you have assumed to Imsoyour argument ; here Is common ground upon which all can stand , The member who will not uccedn to the spirit embodied in this amendment confesses his unwillingness to abide by the very gonius.of our Institutions the will of n majority. The man who de nies that right , or iuipodcs Its exorcise as sumes a responsibility few men would euro to Incur. I want to say to the earnest advocates of Biibmlsslon that the existing law regarding the trafllu of liquor represents the will of n majority as last expreusod. That is not to bo trampled under foot , ignored or carelessly disre garded In n moment of enthusiastic ag gressiveness. Aside from any benefits that may Imvo accrued to the public under Us res trictions and provisions , romemijcr that It is tha law , und tliut being the law , being the expressed will of tlio majority it has curried with Us rights , Involving a grc.V- deal to those who have availed themselves , of Its iirivlh'ges. Remember that great property Interests aronttttnko in the settlement of this question , that no matter from whatstund- po'mt , or In what light you may view the trunic of llauor , the vast capital It ropro- ttcnts has boon as legitimately Invested nd Is as soared under the I aw us tlmt Invested In any business known to the commercial world. It U only just and fair that iu reaching a settlement of this question that these who do not ngrco with you , these who contend for another plan , tho.-o who have grcut property Interests at tuke , your fellow citizens , should bo glveu the eanio opportunity to embody their ilea In the constitution that you arograntod. . , * * i * , . t compromise. You might tis well realize as I do , that this question will not down. It has coma to stay and 11 will stay until some practical settlement is reached. It is use less to inquire its origin or predict Its destiny In the presence of the ono cunrcme fact that it confronts us. Whether it is tlio offspring of a move that strengthens with time , or whether It bo mawkish senti ment that will spend Its force la reaching after the unattainable I do not know.V hen public opinion upon any question has reached that statrc when it finds expression in the majority In both houses of the. legislature it is useless. Impolitic and unpatriotic to disre gard it. However much we may disagree ns to the cflloiciiey or wisdom of the plan pro posed by the submlssionlsts , wo cannot blind ourselves to the Inevitable. " Morrissey said : " 1 had listened to the amendment with a great deal of Interest. We have tho' very laws to regulate the busi ness of any state. 1 don't stand hero ns an a | > olofrlst or agent ot the liquor traffic , but you are proposing a violent uicnsuro whicli will unsettle tlio business interests ol the state and keep out foreign capital. To adopt prohibition would destroy millions or dollars In Omaha. I think you should Ilrst vote upon the high llccnso nnicndmcnt , and If that was lost , then it would bo In order to submit the ques tion of prohibition. At this point the speaker moved the com mittee have leave to sit again to consider the question In the morning. A strong nfllrma- tivo vote was heard , but it was lost in the thundering nous of tlio submlsslontsts , The dubato then continued. Dempster arose und delrrod that after the disgraceful action of to-day it 111 becomes the gentleman from Douglas to talk of fairness. This Is not a new question. It has been before the people ple for many years and every member ought to know it by this time. If there is one let him go home. This amend ment Is not proposed in good faith. I don't believe such a double-headed amendment would bo constituted. The people have not asked for the submission of this question of high license. I am opposed to high Iiccns3 and hope it will bo voted , down. Baker did not think the discussion would change a single vote. "Those who argue so strenuously against submission. " said ho , 'confound submission with prohibition. The simple question we liavo to decide is , shall the people who have demanded it liavo the right to vote on this question i You who claim It would destroy millions of dollars worth of property tacitly admit that the proposition will carry if submitted. ( Cheers. ) I believe - liovo it is the duty of the party to submit this question , and every member not bound hand nnd foot by instructions should vote to redeem the party pledge. This dual proposition commends itself to my better Judgment and every argu ment that can bo advanced in favor of uib- mitting prohibition applies with equal force to this proposition. The question Is not whether prohibition has been a success in Kansas or any other state , but whether wo will give the people the right to express their opinions at the ballot box. Omaha and Lin coln are not the whole state of Nebraska. The rural districts have some rights as well as the largo cities , and their voices should be heard. Gilchrist strongly supported the Cady amendment. Ho said that the friends of pro hibition should meet them half way and let the people express their opinion on both of these propositions. Ficldgrovo was listened to with marked attention. Ho 'declared that the towns with tlicir bummer element should not rule the destines of the state ; that , though a German , ho stood with the party in favor of submitting this great ques tion to the people , nnd appealed to Cody to withdraw his amendment. Hallard thought the prohibitory amend ment should be submitted separately that the party had pledged its honor that it would do this , and no other course was open. "I am m favor of scnato ilia : tl , " said he , "and opposed to the amendment. " Fenton favored the high license amend ment. liurnham was surprised at the amendment of Mr. Cady and did not think it could bo submitted in n dual form. "We must meet this issue , " he continued , "and let us meet it fairly. The republican party has not pledged itself to submitnot high license , but prohibition'and let us not seek to evade tlris duty we owe to the pee ple. The voters , not only of Nebraska ' , but also of the whole nation , liavo their oy'es turned upon tills issue , and await the issue of our deliberations with the great est interest. " Gilbert said : "I came from n county ( York ) where saloons do not exist , and I could not be true to my constituents and vote for this amendment. The people liavo not demanded It , and it is being used as a subter fuge to defeat the tmbmlssiod bill. " QOlmstcnd declined himself in favor of prohibition as n moral question , and if it could bo submitted iu a non-partisan manner ho would vote for submission and also for prohibition , and help enforce the law. Ho thought that the members could advance the cause of temperance by setting a good example , and advised them to wholly ab stain from liquor iu mast during ihosesaian of tlio legislature. The submission plank was- not carried overwhelmingly in the state con volition , but only by a small majority after a most stubborn fight. The party cannot af ford to take up this question now as a parti san issue. Prohibition would seriously cripple - plo the school fund of the state. Whitchead argued that the party , In order to preserve its life , must take up this question and that the great moral forces of the coun try would crystallize aroune the party if It dared to do right , nnd make it .stronger than , over. Ho said Nebraska was now a recep tacle for alt tlio bad elements of Iowa nnd Kansas , and ill s high time that something wns done to keep out those classes , Everett opposed the nmcudmont also , but would vote on separate bills embodying the viowsof both sides. Moralssoy got the floorngain and was loudly hissed. Hu declared tlmt ho left Iowa on account ot the withury blight of prohibition and did not want to sec it adopted in this Htuto , Hull asked him if ho would agrco to leave Nebraska if prohibiiion was adopted. Morrissey answered that he would do so If necessary to escape the company of prohibi tion cranks. ' Baker again took the floor and strongly favored the dual plan. Johnson vehemently asserted that that If submission was defeated it would wreck the republican party , "This amendment is a mere subterfuge , " ho said , "and 1 shall not support it. Defeat this question , " continued the speaker , "ami you republicans who .vote against it will bo barred beyond hope of resurrection. " Colomad , of Anlelopo , thought the ques tion was In politics , and could only bo settled by bning loft to the people. Merlin made n strong plea against submis sion. Ho uhowca that the business interests of the \yhole state would bo greatly injured by Kubiiiiss'loii ' , nnd declared Unit if "Omaha must bu cheered in its onward career , give us some other blizzard , tornadoes , auythlug almost except prohibition , " Surgcant of Custor spoke in n Sunday school strain , and n.ssertod that all good people wt'ro on one side und nil the money on the other u remark that was loudly ap plauded. Cody spoke still further In defense of his amendment , und answered the objections urged against the constitutionality of the law by stating that ho had consulted an emi nent Jurist and ho had civcn his opinion that the propositions could both bo submitted to gether. The high license amendment was put and lost by a vote of ! )7 to10 , and the committee IU-OSP , und ufter somu political by-play , recommended - commended that the submission bill do pass , Olinstcad moved that it bo ordered to a third reading. Cady asked leave to wave the adoption of his uuie'udment , but Olmstead would not yield. Hall arose at this Juncture and surprised the house by declaring himself in favor of the amendment , frankly acknowledging that they must accept It in order to save the sub mission bill. The call being started , Truosdale , Haker , Coleman , Johnson , Gilbert , and finally Dempster himself , wheeled Into lluo and favored submission a duel form. A veto on the high license amendment was finally reached , which resulted a follows : n I'nVnr , llnllov. Hal- bcrt , Gilchrist , Hull , Hampton , Hannn , Hanthorn , Harding , Hays. Hill of Hutler , Hill of Uagc , Johnson. Lash , Leo , Ley , Majors Potter , lUynor , Uhodes , Uabb , Sargent , Satchell , Scovilie , Seed , Shephard , Stlrk , Sweet , Truesdoll. Webber , Woller , Wells , Wliltclicad , Whltford , Whyman , Wilcox , Williams. Winter , Yutzy 6S. Nays-Heckman , llcrlln , Hlsbce , ttohncok. Hraucht , Cameron , Caldwell , Christy of DoJge , Colcmnn of Polk , Collins , Gushing , Dclaney , Dcnman , Dickinson. Fcnno , Gard ner , Gates , Green , Hahn , Hooper , Hornc , Hungato , Hunter , Koiper , Larson , Ley , Mattes , jr. , Mcllride. McMillan , Meokoc , Morrissoy. Neve , Olmstead , O'Sulllvau , Severln , Snydcr , Swurtsloy , Towlc , WcSt- over , Whfce 40. MoNlckio and Fuller wcro absent. The housu then at 10 p. m. adjourned , the discussion having lusted over seven hours. The subinlsslonists could only muster llfty- llvo votes , and had it not been for the full- bustering tactics of the Douglas county dem ocrats , who prevented it from coming to a vote , etc. , the whole question would have been defeated. It now looks like submission In a dual form , The Sonntc LINCOLN , Neb. , Jan. 30. [ Special Tele gram to TUB Hue. ] There Is much specula tion ns to the senate's ' action on Lind say's submission bill as . amended by the house. Seine of the senators iroposo that it bo hunt ; up by n refusal to caucus. Others suggest loading it with additional amendments. It seems moro than likely , however , that the sonata submlssionlsts will concur for two reasons. First , they fear the housn will not recced and pasa the Llndsa5' bill unchanged. Second end , a number of senators are against prohi bition , though for submission , They think the high license amendment will befog the issue nflil defeat prohibition nt the poles if submitted nt a general election. If it passe ] the house In the moruing an effort will be made to bring it before the senate to-morrow. Semite. LINCOI.V , Neb. , Jan. 39. [ Special to THE 15iu.J The senate this moruing adopted n resolution offered by Hansom , directing the president to appoint an additional standing committee of live members on telephones and telegraphs. Sutherland's resolution ordering the board of transportation to mukc n schedule ol freight rates for the railroads of Nebraska was sent to the railroad committee , who will return it within twenty-four hours , undoubt edly with a favorable recommendation. llurd introduced a bill to uiako contracts for attorney's fees unlawful. Pope put In a bill to suppress bucket shops. The following bills wore passed : Hy Shanner Making the fiscal year end September 30. Hy Connor Making the salaries of re porters for supreme and district courts $1,500 and requiring them to give u bond for $3,000 for the faithful performance of their duty. Hy Ijams Directing the governor to give the city of Omaha a title to the High school grounds in Omaha. Most of the morning was spent in discuss ing Hansom's bill to repeal article 2 , of chap ter 4 , of the compiled statutes of 18S7 , which creates thu livestock commission. As stated by Hansom the commissioner is receiving over $4,000 n year in salary nnd perquisites. Ho has three agents , who nro nMowcd $5 a day and expenses while on duty , and. they manage to put In full time. The appropriation of the last legislature was $70,000. Over $30,000 have been paid for horses und mules ordered icllled by the commission because they were supposed to have been effected with glanders. The salaries and expenses of the commissioner and his npcnts have aggre gated to tlio sum of 30,000 for two years. Hansom argued that if a man haven diseased horse and it bo killed for the protection of the community , that is his misfortune , and the state should not bo compelled to reim burse him. The existing law encourages ex travagance nf the grossest kind. It invites every man owning a worthless horse to work linn off on the live stock commissioners for the indemnity they allow. It Invites the commissioner's to hunt up and create busi ness , because they only get pay nnd ex penses when employed. It Invites citizens of adjoining states to send diseased animals into Nebraska and reap the benefit of the bounty. Uoardsley pointed out discrepancies in the report of the commission to the auditor and the report made to the senate a few days ago. Ho showed that the wock of the commission had been confined almost to horses and mules , of which 833 hud been killed , whllo only eight cattle htid been condemned. He was dissatisfied witnHho report of the com mission , which was not detailed enough in ! t rnturn if expenses. Ho believed diseased horses were being brought Into Nebraska from neighboring states to be killuu. He hud been told of a case In which a glandercd horse was driven into a herd of ponies , all of which wore subsequently killed. Norval wanted to know why the members of the commission were not out killing horses instead of having been on the backs of the senators over since the legislature convened. Senators Manning and Hoover said that glanders was unknown among the horses of their counties until the creation of this live stock commission. Connor argued that the state veterinary surgeon is clearly an executive ofllccr and that the act creating his ofllco is therefore unconstitutional. Nesbitt was almost single-handed In flght > ing the bill. Ho plead for the poor farmer and homesteader of the west end of the state , who are often the victims of unscrupulous horse-traders , and ho asked that action bo delayed until ho could get the opinions of his constituents on the report of the commis sion. Hu believed the department of great benefit to the farmers , whoso needs should be considered as well as the state institutions at Lincoln , for which there will be a general plea by the members living within twenty miles of the capital. Ho also thought it proper to delay action because u special re port asked by the scnato of the commission was being printed. Lindsay said his constituents wanted pro tection from diseased slock. The present law may bo defective , but ho would oppose repeal unless a substitute wore offered , iiocha and Cornell also urged delay. A motion by Nesbitt to send the bill back to the committee was lost by a vote of 15 to 10. The committee of the wholu then recommended its passage by a vote-of 1'J to 0. AFTEHNOON 8U8SIOK. The Keckley anti-trust bill was passed , only Nesbitt und Pax ton voting against it. Uansom , Pickott. Nesbitt , Howe and Paxton - ton were appointed the committee on tele phones and telegraphs. The Norval constitutional amendment for voting on all constitutional amendments at special elections In August passed the com mittee of the whole. Howe's bill to make the fir a and police commission of Omaha the license board of that city was brought up , but at the sugges tion of Senator Ijams and Paulson consider ation was postponed. House. LINCOLN , Neb , , Jan. 80. [ Sjieoial to TUB I3ei : . ] Dempster presorted a petition from twenty-eight citizens of Phelps , and Dickin son from 125 citizens of Lancaster county , In favor of .submission. Gilchrist offered the following resolution , which was adopted. Resolved , Tlmt the utnto librarian bo and Is hereby directed to furnish this liouso with a statement of all the copies of the supreme court reports that have boon void and tha money received for the same ; also the num ber that have been exchanged for law books and otherwise disposed of. The committee on labor reported that liouso roll 121 , Herllu's bill to better protect the earnings of laborers , do pass. The following bills were placed on the gen eral file without recommendation ; House roll 45 , Hall's ' maximum tariff bill , House roll 203 , MoUridc'a bill , providing tlmt railroads may charge a demurrage of $3 forty-elcht hours nttor arrival nt destina tion , and that the railroads shall pay at the same rates for failure to furnish cars within the same limit of time nftcr being ordered. Hills on second reading Wore rend and re ferred. The house then went Into committee ot the whole for the consid eration of house roll HO , Hanthorn's bill relating to oil Inspectors. The bill provides that the test standard sniill bo 100 degrees , and placing the whole power of nppolntinK deputies and fixing their salaries in the power of the general in spector. Majors moved an amendment to repeal the entire section relating to state oil Inspection , and alleged that the bill was cotton up in the Interest of the inspector and the dealers. After much discussion the amendment was agreed to. The committee then rose and the house took a recess until 3 n. in. AlTKItNOUX SESSION. White introduced a resolution requesting the adjutant general to furnish the house nn Itemized statement of all money ex pended during the past two years from the militia fund. Adopted. Dempster moved that the house go Into commlttcoof the whole for the consideration of the Llndsny submission bill. The speaiter suggested that the regular order bo followed. A communication from the supreme court was read offering us the opinion of the court that state warrants wcro state securities within the ine.ininp of the constitution ; also that state olllcers have a right to appoint deputies. THK PUESlDKXlS' AUKHISMIONT. Thu Revision Completed and All Unt Thron SijjiuiMircs Obtained. CHICAGO , Jan. 30. The presidents of the western railroads , after being in session ono week , completed the work of revising the agreement which Is to form the basis of the inter-state railway association , nnd ad journed this evening , subject to the call ol the chair. The presidents declared unani mously for making 'Mr. ' A. F. Walker , at present ono of the members of the Inter-state commission , chairman of the proposed execu tive board. Wlulo this announcement is a great surprise to everybody , all concced that a moro judicious choice could not have been made. Final action , of course , can not bo ttilten until the agreement has received ttio signatures of all the companies party to it. The signatures of the Burlington & North ern , Illinois Central , nnd Kan sas City , Ft. Scott & Gulf are , still lacking , and a committee was appointed to endeavor to obtain them. Presidents Hugh- itt , Cable und Strong consituto this commit tee , and express the opinion Unit nil the sig natures will bo obtained. There is little doubt that the Illinois ICentral , at least , will llvo up to the agreement , whether it signs It or not. . In n document now given to the public the original agreement of ; the presidents , known as the agreement of January 1 , is placed at the head of a prelude.1 This is followed by the articles of the agreement , construction ot the board of managers , etc. Article three , regarding rate commit tees , says that -.their conclusion , when unanimous , j shall bo made effective ; if they 'differ ' the question shall bo referred to the board of managers , and if they disagree it shall bo arbitrated by the executive board. Notwithstanding this' 'decision , however , the company claiming o right to make nuy par ticular rate may. after auoh a decision , make such rate 01 ten days' notice. Article 4 , relating to'divisions of through rates , is also amended , the Intention being that bidding for business by means of private concessions shall ceaso/ana that divisions on corresponding traillu sni > 'l ' Vo openedtQ all lines ; provided , however , that whori" cob road has a proprictary/'Jotcrest in another , the divisions between such" roads shall'.bo what they may elect ; and trafllo contracts actually existing .at the date be tween lines not having u cnmaion proprietary interest shall be reported so that divisions with competing lines may , If de sired , bo made on equal terms. The minimum penalty for each violation is mado100 , instead ofJ50 : , but the company convicted shall forfeit , the revenue secured by a violation. Where penalties have been collected under the rules of auxiliary asso ciations. they shall notbo assessed a second time by this association. The provision that mi employe , after once being discharged foraVlolution of rules shall not bo ro-empioyed by any road iu the asso ciation , is stricken out. Article thirteen defines the territory to bo covered by the association as business hav ing oricin or destination in tha states of Illi nois , Missouri , Kunsasj'Nobraska , Colorado , Wisconsin , MinnesotBvtand the territories of Utah , Wyoming , Dakota , Now Moxica , Mon tana and Indian Territory. Except Paetilo coast business , covered by the trans-contij nontul agreement , and Texas business , eov cred by the international agreement , by unanimous action oftho ; manager of the in terested lines any traffic may bo Included in or exempted from the agreement. An amendment to 'the ' arbitration article provides that any question on which the board of manage fall to agree shall be re ferred to the executive board , composed of the chairman and' two others chosen from the chairmen of auxiliary associations. The duration of the agreement is to bo ab solutely ninety days from January 1 , subject thirty days thereafter to the doslro of any party to withdraw from or amend the samo. The Wabasli road is u party to the agree ment only for that portion of its road from Chicago to St. Louis and Hannibal , via Tou- lona. For StcnliiiK n Lottery Ticket. ST. Louis , Jan. 30. The postofllco Inspectors specters to-day arrested Eugene J. Gannon , n postal clerk on thd Cairo short line , run ning between St. Louis aiid Duquoln , 111. , on the charge of abstracting a lottery ticket from a letter addressed to ox-Postmaster Hayes , of St. Louis , 'and selling the same to W , F. Edell , a pronilnent business man at Duquoln. The tlokei'drow ' $ lBri ( ) , nnd when Hayes attempted to compel the lottery com pany to show cause why his ticket had not arrived , tlio theft was discovered. a Saloon Men Fined. Sioux Crrr , la. , Jinn. 30. [ Special Tele gram to TUB HuE.J--Tho district court to day issued three 'permanent injunctions against so-called transportation companies. These companies are Jiimply saloons , which have been running in ? violation of low under prutenso of shlpplng iquor from the opposite shore of the river m Nebraska. Tlio pro prietors were lot off without other penalty than paying heavy costs by stipulating to go out of the whisky business in Iowa. w/is n Failure , ST. Louis , Mo. ' , Uon. 30. Charles M. Halch nnd wife , living two miles from Wal nut Springs , Tex.vqro found dead In their bed yesterday. A revolver lay between the bodies , and it is supposed that Uulch shot his wife and then Killed himself. No cause is assigned for the fact. They have been married but a few nmutlis. O'lJricn'H Friend * Outwitted. Dunu.v , Jan. SO.-lO'Hrleii , who was ar rested at Manchestep yesterday , arrived at Kingston this afternoon. The lord mayor and other Parnellltcs awaited his arrival at West hind Row station , In Dublin , but the pollco changed tbti route , convoying Q'lirlcn to Cloninel prison , via King's Hrlugo station , A Maxwell Grant Duclaion. SANTA FB , N. M. , ' .Jan. 80. The supreme court of Now Mexico to-day gave a decision n the Maxwell lajid grant case , nftlrmlng ho Utlo to that proi > eriy and dismissing the Jill of tha government to set asldo the pat ent. A California > ContrfU Dpuldnd. SAN FiiANCieco./Jan. / 30. The Pholps- Clunlo recount In 'thu Fifth congressional listrlct closed to-day , with the remit of jjiv. Ing the result to ClOnle , democrat , by u ma. AUSTRIA PLUNGED IN GRIEF The Imperial Household Invaded by the King of Terrors. CROWN PRINCE .RUDOLF DEAD. The Spnrlt of Life UxilnRulsticd With out n Moments Warning All tinropo Mourns Ills Dentil. Archtluko Kndolf Dead , VIENNA , Jan. 80. Arch Unite Hiuloif , the Austrian crown prnco | anil heir apparent to the throno. died suddenly to-day. The nrown prince died nt Micrling , near Baden. Ills death is supposed to liavo boon caused by aponloxyi The ofllclal nnnouncoraont that npoploxy \vns the cnuso of death lias modlllcd ttiu ntarm of the populace arising from a rumor that the prlnco had been killed while out shooting , ns ho went on n shooting excursion to Mcycrllng on Monday , accompanied by several guests. On the nnnouncomcnt of death the rolchsruth adjourned auitd great excitement. The court theatres and nil places of amusement tire closed this evening. Grief In Helghim * \CnpurlaM \ IS53bu James GJntnti Uemi'/'M / ' Hitussi.i.sf Jan. 30. [ Now York Herald Cable Special to Tun HUE. | Prince Hudolph's death caused consturimtlon hero , where ho wns immensely popular. Ho had visited Urussclls frequently before and nftcr his betrothal to Stephanie. Ho was popu larly called Uudolphc. Ho is generally re ported to liavo misbehaved lately towards liis wife , and even that ho was accompanied hero by n mistress while courting Stephanie. Nevertheless , the ISolglum republic lilted him. A special black-framed edi tion ot the newspapers was selling in the streets by 4:15 : p. in. The king only received official conllnnation lit 5 o'clock. The court ball , which was to take place next Tuesday , was immediately countermanded. The opera was closed for three nights. De spite the pouring rain great crowds collected In front of the Palfo. King Leopold will start to-morrow morning for Vienna. He maybe accompanied by his brother , the count of Landers , who , on learning the news , wns greatly affected , and went to the Palfo , whore lie embraced the king and queen with explosions of grief. Words of Condolence. VIIINNA , Jan. 30. [ Special Cablegram to THE 13ui i The emperor and empress wcro to have gone to Pesth to-day , but the visit wns of course abandoned. This afternoon the burgomaster of Vienna waited upon the imperial court marshal and expressed the sympathy of the inhabitants with the im perial family. The Fremdcmblatt says : "In the very spot where the heir to the throne spent many happy days with his family , ho has been torn from life and a future exalted calling. The imperial liouso and the whole empire are plunged in mourning. " The NeueFreio Prcsse says : "The life that has ended was animated with courtesy , genius and chivalry. May God comfort the emperor and the erapiro in their loss of a nobicfman , whoso lifo shed virtue and en- liglitenmcnt upon the fatherland.1' The crown prince had suffered during the last few years from rheumatism of the joints. Yesterday evening ho had n severe shivering flt. The Vienna papers do not refer to the sensational reports regarding the cause of the crown prince's death. Excitement at I'ostli. PESTII , Jan. 80. A portion of the populace is still greatly incensed at the passage of the army bill. A great crowd gathered outside the parliament buildings to-day and en deavored to prevent the deputies from enter ing the chamber. A squad of Huzzars was compelled to charges the crowd in order to disperse It. Several persons were hurt , in cluding some women and children. A strong military guard is posted around the parliament building , and no one Is al lowed to pass into the chamber unless ho can give proof us to his identity. The bonlevards in the vicinity of the chamber are patrolled by huzzars. The members of the opposition in the lower house of the diet to-day protested asrainst the presence of troops as impeding access to the chamber and preventing free debate. They therefore demanded that the chamber adjourn , which demand was acceded to. Upon resumption of the sitting , the house passed a resolution offered by the president , empowering him to act in concert witli the authorities to secure access to the building ana public tranqullity. The students , upon learning of the crown prince's death , voluntarily fctopped the demonstrations against Herr Von Tiszu , and tne troops that had been called out to main tain order returned to their barracks. "THIS DISMAUOIt DYNASTV. " Title of nn Article Which in Liable to Crcnto a .Sensation. LONDON , .Fan. 30. [ Special Cablegram to Tim BIE. : ] The Contemporary Review con tains nn article entitled "Tha Hisimirck Dy nasty , " which boars no signature , but which contains internal oviucnco of having eman ated from high authority , tt is probable that the article will create a sensation : It opens with a reminder that the chancellor cannot live long. American Minister Albortin , the article says , five years ngo remarked with surprise that Prince Bismarck was prepar ing no one to succeed him , Tne chancellor , waking suddenly to the idea , sot about de veloping Count Herbert Uismarck. The ar ticle frankly alludes to Count Herbert's youthful brawls , to his later intrigues , and to his embroilment with a woman at Bonn , from which ho hud to slash his way with his sword , receiving an ugly cut on the head. The Uismnrc'iian contempt for woman , accentuated by this anu another Intrlguo after the wur , is represented as the origin of all that is baneful In the Hlsrnarcklan char acter. "Wo shall have no moro petticoats meddling In uolltics now , " was , according tea a rumor , the cxclamatian of the exultant Count Herbert on the dentil of the Emperor Frederick , The article affects to dismiss as monstrous the insinuation of the opponent of _ Prince Hlsmurck Unit the chancellor meditated the death of Kmporor Frederick when ho Insisted that Frederick should leave San Hcmo for Ucrlln , but depicts the idea that his ascendency would bo menaced by the Empress Frederick as a nightmare to the chancellor , who further saw byFrederick's refusal to discuss state affairs with Count Herbert that it was use less to hope that Herbert would over bo Frederick's chancellor. "Who coqld , there fore , bo surprised , " the writer asks , "had HIsimirck wished ttio cancer to inako Iwstol" in reference to the dismissal of Minister Puttkcmor by Emperor Frederick , the arti cle asserts that Prince Ulsmnrolf was unable to make up his mind whether it would bo wiser to resist or gratify Frederick's dcslro , even after advising him to sign the decree of dismissal , and says that directly the decree was published the chancellor told ho emperor ha had gene too far. EntricB In Emperor Frederick's diary wmflrm tlU ) statement , The writer of the aHlelo asserts that the com pact with the present emperor was the only reason Prince Uismarck had for opposing thR nmrrltieo of Princess Victoria to Prlnco Alexander of Uattonborff. The article Is hardly less sparing In Us criticism of the present emperor. It calls him an npt pupil of n cynical master , who found no didlculty , moral or sentimental , In treating his mother in n fashion after Count Herbert's ' own heart , and in treating the Prince of Wales with such discourtesy as to prevent any Intercourse between them. The article goes freely Into the QcfTckon and Morler affairs , but reveals nothing new. STUIICi:8 THKM i\S FUNNY. Howells' CommontH on Humorists Itcvlowad Ity tlio KiiKllsli. lC"op/r/ilil | ISSlliuJamra UoM/tn limiirH.I LONDON , Jan. 30. ( Now York Herald Cable Special to THE Hnn.l The Dully News to-day has a suranlic but good- humored editorial on English and American humorists. Commenting on Howells' recent expression on the same subject , the News says : "Wo can't do Mr. Howolls the Injustice of supposing that ho is ono of these enormously cultivated persons who can read Tolstoi , but cannot read Shakespeare. As humor Is usually understood , Shakespeare is the master , here us everywhere , and if Mr. Howells prefers that 'umoosln little euss,1 Artomus Ward's ' kangaroo , to Slmkcspoafo'8 , Sir John FullstufT , the controversy is at an etui. Nobody can seriously nniuo with n gentleman who thinks the Innocents Abroad humorous , and Uoltom the Weaver veld of humor. " The News continues In a bantering strain to confront Josh Hillings with Dan Chaucer , Uncle Humus with Hums , Charles Dudley Warner with Sidney Smith , and Danbury News man with Tom Hood , John Phoenix with Charles Lamb , Lowell with Henry Field inp , the Hurlington lluwkoyo man with Dickens , Bret Ilnrto with Thaekory , Al drich with Oscar Wilde , and concludes : "Thero still remains the heroic form ol Mark Twain , against whom wo do not pro pose to set up any rival. Mark's way is so peculiarly his own that wo can't llnd his parallel , but it may bo hinted that Jonathan Swift and Dr. Oliver Goldsmith and the Hev. Lawrence Stoene 'wcro perhaps as funny as any who write in American comic papers. " The Nice Scandal. ICopjirioMISSSbuJninet Ooi'.J-w linm-M. } NICE , Jan. 3d. [ Now York Herald Cable- Special to TUB 13ii.l : : The most strenuous efforts arc being made by Mrs.Vilcox und her friends to hush up the elopement scandal. Tnny have induced Viscount du Moirou , procurer of the republic , to keep silence , and lie has closed the mouths of the police onl- cials so that they uusolutoly refuse to assert or deny anything. I have good reason to know , however , Hint the runaways Imvo ar rived in Nice , and that the mother has had an interview with her erring daughter to day. Whether Dr. Ellen is in custody , or has been liberated , or what is going to bo done , is impossible to say. The European Herald's ' account of the olopment , which arrived in Nice' tills morning , has only increased the excitement. The weather continues beautifully fine , and large batches of visitors arrive daily. The Corond't Iloiunwnrcl Hound. ICnpurlolit lSS3bu Jiunu Gtmfcm licnnett.t AUBN , Jan. 30. | New York Herald Cable. Special to Tun I3iil : The American yacht Coronet arrived here , homeward bound. WKSTKKN I'ACIUXG 1NTKHI-JSTS. An Increase tin Compircd With the Same Wuok Imnt Year. CINCINNATI , Jan. 30. [ Special Telegram to Tim BEE. ] To-morrow's Price Current will say the week's packing in the west has been 233,000 hogs against 22o,000 , a year ago , Total from November to date 4,105,000 , against 1,855,000ayoar ago ; decrease 000,000 , The increase of packing in the west during the week , as compared with 11 year ago , has not been duo so much to the enlarged marketing of hogs as to the reduced movement to east ern markets , which is much smaller thai ) a. year ago. The Pope's Health Rood. ROME , Jan. SO , [ Special Cablegram to TIIK BEJ : . " ] The recent rumor tlmt the pope has been having faiiitiug fits arc denied. His holiness continuesito hold his customary receptions. Ills healf.li is good , and his spirits are cheered by addresses uomln from every country in Europe expressing .sym pathy with him under nhe cncroachliiunts of the Italian government. Cardinal'-liiinj- ! bailer , the urchbishop of Vienna , hus sent an address from the Austrian bishop , whicli i.s published in the Osservtif-pni Homuiio , pro claiming the rights of the ' pope to the tem poral power. The Italian , /upera / are of the opinion that thu address .would affect the present friendly relations Uctwccn Austria and Italy but for the HUCCI S of General Boulangcr , which brings war within vjow and makes Vatican discord leljs heard , In quirlmil councils It vuis expected thuttho opening of tlm chamber < of deputies would bo filgiiiili/.i.'d by' an open quarrel between the minister of { .lie treasury and the minister of war nnd marine , with reference to the credit doiruindeVl by the hiU ler. These credits will now bo wci'ordod on the ground of the enhanced graVity of the situation. ' _ _ A Youthful Train Wi't.'OkVi' . KKOKL-K , la. , ( Jan. 30.--Sii [ ( clnl 'Uclcgram to TUB Br.i : . ] This afternoon Manual Har- dln brought to town Charles O. Starrjk who Is under arrest clKirtjo.l with pluelng a rf.ulroad tie on the track of the Uocic Island Ho i * . t a | Kint in Van Huron township. The boy it liff adopted son of a jirmnlnoiit fanner living near hero. The offence In whioh the boy is said to have been concerned was commit ted In December , and is held ns an accomplice with another boy , who was also arrustrd. Starr's father says there is nothing to the case , and that the boy is innocent. Ho fur nished thu appearance bond for him. Hoiutlor Hurry Uo'O LITTI.U UOCJK , Ark. , Jan. SO.Tho legis lature to-duv re-elected Jaiacs Jf. IJcrry to the United States souatu. Tlioy KIsHeit and Mudo Up. AUSTIN , Minn. , Jali , 39. Special Telegram to THE Huu.1 C. O. Cloven , clerk nf the court of Rico county , nnd Annie R. Cloven , of Albert Lea , wcro quietly married in the mrlors of the Railway hotel this afternoon. They were first married nearly seven years ago , being qulto young. They disagreed , separated and wcro divorced , Mutual ex planations took place , The old love was awakened nnd the culmination was the cere mony to-day. Flvo of tlio Or w Prownod. LONUO.V , Jan. 30. The British snip Walter Raleigh , from Sidney , N. S. W. , ludtn with wool , wont aground yesterday near Hull- 0ne. ! Five of Iho crew were drowned , BUT FEW CARS ARE RDNNINC , Strikers Make Tilings Lively on Iho Street Railways. POLICE HAVE A HARD TIME. Wnuons , Aslirs , Milk Cans nnd I < w IIIRStones HtockndtMliQ Tracks Sovi-ral Conflicts Uouur , lint Without. Serious Damage. Now Vork'H Ultf Strike. NK\V VOIIK , Jan. ! > 0. The situation this morning , so fur as the street cur tie-up Is concerned , remains m practically the same condition us yesterday. There was trouble on the Grand street cross town line at South Fifth avenue this morning. The strikers overturned a coal wagon on the tracks , but the police rleured nwny the obstruction and dispersed the strikers. The Sixth nvonuo road sent out their llrst oar at 8 ; . ' > 0. Thrco policemen were on onoli platform. About a hundred strikers wcro standing around the depot , but they made no attempt to Interfere. The superintendent says ho will not run moro than a dozen cars during the day. The Hroadwayllno advertised in the morning papers for conductors and drivers to take ttio place of the strikers. Word was received at police headquarters at 10 n. in. that there was trouble at Blcoker and Caimliio streets. The strikers over turned a Sixth avenue car. There were only three policemen present , , and they were overpowered. Largo crowds of strikers and their sympa thizers began to assemble early at the stables of the Bolt lino. Up to 10 o'clock no cars had been started. It was said that if cars were started there would bo bloodshed , because - cause the strikers were getting desperate. Police Superintendent Murray has at his command : Jfil)0 , ) men , nnd all Imvo been detailed - tailed to points whuro it is thought trouble " may occur" The Third avenue line ran eighty Jcars during the night , and no trouble was exper ienced. Policemen rode on the cars , whllp others wcro stationed all alonir the route. At 11 o'clock a mob of striker * gathered at the corner of Bedford and Carmine streets , and overturned half a dozen wagons on the Sixth nvei.ue tracks. They also compelled two aslumni to dump their loads on the tracks , and thirty milk cans mid n lot of pav ing stones were scattered along for u dis tance of an entire block. Only two police men were on guard there ut the time. They did the best they could with the mob until n , Sixth avenue ear cnuic down , when they were reinforced by four ofllecrs on board of It. Hut they could make no headway. Ono officer was badly beaten about the head and another discharged his pistol into the crowd. Finally I lie reserve arrived and tire mob was speedily dispersed. At the fourth avenue depot of the Hroad- way and Seventh avenue line , about fifty ap plicants for positions have been accepted , and twenty-six cars have been started. Six of the old drivers reported for duty nnd were put to work. The operations of the strikers in this quarter have thus far been without violence. The superintendent of the Ninth avenue line stated to-day that his road would not send any cars out till the trouble was over. The first car on the Holt line was started about uoon , escorted by 150 policemen. No obstacle was encountered until Fifty-ninth street wns reached , where two wagons i were found overturned on the track. Tlio car did not proceed further , but turned around and went bade to the depot. Thrco arrests wcro made. No other curs will be run on that line to-day. In regard to the street car strike , Judge Robertson , of thn board of arbitration , said ho thought the trouble between the car com panies and their employes might bo adjusted , but President Richardson refused to meet the board and no proposition can bo dis cussed. The strikers seem dcslrou of enter ing into some uort of an agreement , but Rich ardson \vill not listen to anything. Soon after 1 o'clock about four hundred strikers assembled on Broadway , between Forty-fourth , and Forty-fifth streets , nnd after upsetting several wiiont on the car tracks they tore up three or four switch- plates and made off before the police arrived on the scene. The strikers also made HOUIOJ trouble on upper Sixth avenue this morning. Tlio state railroad commissioners are in session to-day , hearing the grievances of the striking employes. The first witness before the railroad com mission to-day wns W. J. Rlulmrdson , Ha stated that the Atlantic avenue company would bo glad to meet a committee of the old employes and talk over the troublo. Ho would not , however , entertain anybody com ing from a labor organisation. Two of the old employes were next witnesses. They were anxious to know upon what grounds the street railroad company could bo made to give up the charter , and were greatly sur prised when told by the commission that a failure of the road to run cars over the road , every day does not moan a forfeiture of the charter. The commissioners strongly ud | vised the strikers' representatives to return to Brooklyn and endeavor to persuade tha strikers to call on Rlolmrdion as old eiaj ployos. Niw : YOKIC , Jan. --'Special ( Telegram. toTnu Hii.jRegarding : ttio positive cab inet gossip of last night , seating Messrs. Blama and Allison , thu New York republi can papers an : somewhat , chagrined at tha loss of thuMCcretiiryshlji of the treasury to the stale of Now York , and the Tribune , by way ot headlines , s'iysThis : st-.uo will only get n crust. " Thi" PIVSH Is still hoping iiriinta ( : hope that Now York may capture ) I lie treasury. Thure is no ndvorso comment toward the selection of Allison us a man. All the objection , If it may Ijo inllad an ob jection , is h.iscd wholly on the fact that hay is not a New Yorliur. The Times Indulge In ooiiiu of its cliar.U'terlntiu abuse of Bin' but abuse from Unit quuriu1 creates no prise , An KdlloiMai - 1 I3CHI.IN , Jan. ( to. Tin' editor of thj cnowcroiling ( liberal ) has been coif to two months' ' Imprisonment in.tlic for crime against the sovereign powc crime wia the use of com-iii language ! article on the pcyisr-ntutlou of ufountaiu No Conclusion. WAMMNUION , Jan. 30. Asllmly republican caucus was held Thocounio to bn jiuMtiud by th { ro.Unicnt of the applK-iUJon Ii > r mlmUsion was the occasla n kUecauso nf thu fonrigil couulusion was Wilt \ \ n < 80 , dan ! siy : lJ ord ) r Bsurc , fviU from the bloc is HOOII us OorJ Oil SllUl'C. N I ! W . Tin ; mvo been appointed ! S. V. Potter , Colinar , Wlnnuaholk county , vice W , L. JSurr , resigned signed , and John Hunter , LcundsYiiu Uurcn county , vice John M. Webster , resigned. MllrtllllMiM TrOlllllOH. WiM.uMnrouT , Pa. , Jan , 30. The lumbe * Inn of C. U. Hurt , t Co , has suspended. TlnJ otal 'labilities are understood to bo ovctf lOO.OUO. The asfsts are not expected to pay over -10 rails on tha dollar. The lalluro It artcly itue to thu suspension ol I' umber Jlruis.