HE OMAHA DAILY e TWENTIETH : YEAH. OMAHA , P11IDAY aiOROT&G , FEBRUARY 13 , 1801. NUMBEK 237 , COL. FORSYTIIE SUSTAINED. His Conduct at the Eittlo of Wounded Knee Tally Endorsed , THE FINDINGS OF SECRETARY .PROCTOR. I'rcHlilcnt Harrison ami General Sclio- ilulcl ndilTIn.-lr Approval to tlid Itcport Gcucrnl Miles HaH > Say. Feb. 12. The secretary of war today mndo public the report of his In vestigation Into the battle of Wounded Knee , particularly with reference to Colonel For- sytho's conduit on that occasion. The record of the court of inquiry Is en dorsed by Major General Miles under date of Chicngo , January 31. Ho says In part : Colonel t'orsytho bad received repeated warnings M to the desperate and deceitful character of Dig Foot's band of Indians nnd repeated orders to cxcrcso | constant vigilance to guard against surprise or disaster under nil circumstances. These warnings und orders wcro unheeded and disregarded by Colonel Foray tho. * * * Ho had been warned that this particular band contained many of the most desperate and deceitful characters In the Sioux nation nnd. the religious excitement made them peculiarly dangerous. Under these circum stances the apparent indifference and security of thoofllccr in command of the troops at Wounded Knee is incomprehensible and in excusable. * * * Not a slnglo company was so disposed as to deliver Its lire upon the warriors without endangering the lives ot Borne of tbcl r own comrades. It is dlfllcult to conceive how n worse disposition of the troops could ha'o been made. * * Tbo testimony goes to show that most of the troopa were forced to withhold their lire , Ic.iving the brunt of tno affair to fall upon two companies until such war riors as had not been killed broke through or overpowered the small force directly about them "and reached the camp occupied by the women nnd children. Tbo battery of four Hotchktss guns hud until then been useles' , the friction primers hav ing been removed from the guns by order of the captain commanding tbo battery lest the gunners might in their excitement discharge the pieces and destroy tbolr own comrades. These guns wcro now opened xipon the In dian camp , oven at that llmo placing In peril troops C and D of the Seventh cavalry , which were obllccd to retreat for some distance owing to the Ilro from thcso euns nnd from the small arms in other portions of tbo com mand. The fact that a largo number of the 100 warriors were without firearms when tlio outbreak occurred Is shown by tbo evidence that lorty-eight guns had been taken from the tepees and a personal search of twenty or moro warriors resulted in lind- Ing them unarmed. This fact , taken in con nection with the extremely injudicious dispo sition of the troops and the largo number of casualties among them , constrains the belief that some casualties were suffered at the hands of our own men , The fatal disposition of the troops was such us at the outset to counteract In n great measure the Immense disparity of strength nud would hnvo boon Inexcusable In the face of an armed nnd des perate fee , oven had no especial warnings nnd orders been received from higher au thority. I can only partially account for thn singular apathy and neglect of Colonel Forsytho upon the theory of bis Indifference to and contempt for repeated and urgent warnings nii'l orders received by him from the division commander or by his incompe tence and cntiro inexperience in the responsi bility of exercising a command where Judt- ; jncnt mul discretion jxro required. I also for ward herewith the report of Captain Baldwin of tbo Fifth Infantry concerning the lluding of bodies of women and children thrco miles from the sccno ot the engagement on Wound' cd Unco creek. This report indicates the nature of some of the results of the unfortunate affair , results which are viewed with the strongest dlsap proval by the undersigned. NEI.EOX A. MILES , Major Oonoral Commanding. General Scholleld submitted the case to the secretary of war with the endorsement that the interests of tbo service do not de mand the longer continuance ol Colonel For- sytho's suspension. In his Judgment the conduct of tbo regiment was well worthy of the commendation bcstowcdupon It byhlm in uls llrst telegram after thu engagement. In roturnlnir tho.papers to the major gen eral commanding tbo secretary reviews tbo testimony ns to tno surrender and comments on the desperate and sullen character of tbo band. Ilo said it was manifestly an Impera tive necessity to prevent the escape of these desperadoes during the process of disarming. The troops appeared to two been well dis posed to prevent nn outbreak , whlob was not mid coultt hardly have been anticipated oven In dealing with Indians. The secretary savs : Nothing illustrates the madness more forci bly than the fact that their ilrst llrownsso directed that every shot that old not hit tbo soldiers must have pone through their own village. There Is llttlo doubt that tbo first kllllngof women and children was by this first flro of the Indians themselves. They then made n rush to break through nnd around tbo flanks of troop K , commanded by gallant Captain Wallace , and reached the teepees , whore many of them had loft their arms with the squaws , mid continued tiring from among their own women and children , nnd when tboy started from their camp their women and children were mingled with them. The women and children were novcr uwny from tbo Immediate company of the men after the latter broke from the circle. Many of the men and women got on their ponies , nnd It was Impossible to distinguish a buck from a squaw at a little distance when mounted , The men fired from among the women and children in tnelr retreat. Cautions wcro repeatedly glvoa by both regular and non-commissioned ofll- cent not to shool squaws or children , and the men were cautioned Individually that such nnd such Indians wcro squaws. Firing by tbo ttoops was entirely directed on tha men in the clrclo and In a direction opposite from the tepees until the Indians nfter their break mingled with their women and children , thus exposing them to the Ilro of the troops , nnd as a consequence some were unavoidably killed and wounded , n fact universally re gretted by the ofllcors and men of the Seventh cavalry. This unfortuuto phase of Iho affair grow out of cir cumstances for which the Indians themselves wcro entirely responsible. Major Whltosido emphatically declares that at least Jlfty shots wcro tired by tbo Indians before the nroops returned tbo Ilro. Several special Instances of humanity in the saving of women and children wcro noted. No doubt the po sition of tbo troops made It necessary for some of thorn to withhold Ilro for a. time In order not to endanger the lives of comrades , but both Major Kent and Captain Daldwln concur that tbo evidence fulls to establish ttint a single man of Colonel Forsy thu's coin- mnnd was killed or wounded by bis fellows. Tills fact-ami , indeed , the conduct of both officers and mon through the whole affair- demonstrates an exceedingly satisfac T tory state of discipline in the Seventh cavalry. Tbolr behavior was characterized by skill , coolness , dis i- cretion and forbearance nnd reflects the high est possible credit upon the regiment , which sustained a loss of oiio ofllcor and twonty- llvo enlisted men killed andthrcoofllcrrs nnd thirty-two enlisted men wounded , The situation nt Wounded Knee creek was a very unuiual wul very dlfllcult one , far moro dlnicult than that involved In ordinary battle , whorotho only question Is of gaining a victory without an effort to save the lives of the enemy , It is easy to ninlto plans whoa wo look back ward , out In the light of actual conditions &s they appeared to the command- there does not sccni to bo any- thinutn the arrangement of the troops rn- iiulrlng adverse criticism on tbo part of this department , f therefore approve of tbo endorsement of the major geiiernl commanding , that the In terests of tlio military service uo not demand any further proceedings In this case. Hy di rection of tlio president Colonel I'orsytho will resume command of his regiment. Rci > rnu > Pitocroii , Secretary of War. Ocnornl ailleH Jin * Nothing to Say. CIIICAOO , Fob. 12. ticncral Miles , when asked toJny whether ho bad anything to say in regard to Colonel Korsytbo's reinstatement , said : "I know nothing about the nctlon taken at Washington. 1 do not care to maUo any statement In regard to it , nor do I care to review the case. What I did I would Uo again under the same circumstances. " jni > jM > s o\ THIS Warner Miller on the Prospects of tlio rs'u.vt Presidential IClcotloii. Cuicico Orncn OP Tun Urn , CHICAGO , Fob. 12. "If the west votes as It did In 1SS3 the re publicans need have no fear as to the out come of 1S92. " So spoke ex-United States Senator Warner Miller of Is'ew York nt tbo Auditorium hotel this morning. Ho added that , while ho believed Now York would bo found In the republican column In 1S93 , yet so long as tbo west went republican it did not matter. " \Yo can lose New York nnd Indiana nnd win with the now states , " ho concluded. "Tho democrats cannot lese ono of tbo doubt ful states. " "What Is your opinion as to Senator Hill's Intentions forlS03i" "I see no reason to doubt that ho will bo a candldato for the presidency. Ills friends claim that bo will , and , instead of his elec tion to t'io ' senate boins u bar to such , n course , they claim It will prove but n stepping - ping stone. Mr. Cleveland's friends claim ttio opposite. " "Is it your opinion that the recent band- shako of the two was a healing of the breach in their relations 1" "Mr. Cleveland says tbat they have boon friends constantly since ho loft tbo guberna torial chair and , despite the general belief , I prefer to accept his word In the matter. It Isdlnicult to predict their relations in 1892 ns Hill's friends dcclaro they shall send a Hill delegation to tbo convention. " IT wu.t , runirr POMTIC * . Great Interest was aroused toaay in busi ness and political circles by the publication of Uenresentntlvo ICeriis' ' bill providing for radical changes in the administration of the city government , the most important of which Is that which stipulates that the mayor shall not bo eligible for re-election for four yo.irs after tlio expiration of his term of ofllco. A number of citizens of Chicago , well known men , wcro asked their views on the matter and generally expressed the opinion that it would do away with a great amount of political trading and scheming which now disgraces almost every city administration nn'd the injury to business Interests which frequent elections brings about. It is felt that no man cwi successfully manngo the affairs of the city.during n two your term of ofllce for the simple reason tbat ho doesn't ' really get started before ho has to begin pull ing wires for his noxttonn ; that , If the mayor could go i.xto ofllce , feeling that there was no chnnco for a second term and that ho could afford to do his duty , Independent of the men who elected him , a degree of purity would result wbicli has never before existed. WEST'S iiiiir.r.iAXT cAitcnn. Mr. .Tames J. West's dnzzllng newspaper career as manage of the Times was reviewed nt length in Judge Biodgelt's court this morning. Lawyer Bulkley , who has under taken to help Captain Huiskamp nnd his friends to gctnii accounting from West nnd tolnduco him to glvo upsomo stock In the Times company , told how confiding Iowa people ple placed their substance in the wasteful and Italian hands of Mr. West , nnd what wrong stories ho told them about the com pany's condition. Incidentally , ho threw a Hood of light upon tbo value of Mr. West's theory that to make a newspaper a grand success it Is necessary only to ruiso hades. Incidentally , Mr. Bisbce , attorney for West , remarked that not all of the corresponitcnco between Mr. West and tbo Iowa party bad been put In evidence. There wore some two hundred letters con taining friendly Hawkeye requests for thea ter tickets , railroad passes and the like which had not been printed. Ho also recalled n cer tain conference held nt about the tlmo the \Vost-Snowdon-ICeokuk combine took con trol , ! u which it was debated whether or not they should takoln Clarkson of lown. At 4 o'clock in tbo afternoon it was decided not to take Clarkson in. Tiir.r FOOLED PAPA. An exciting runaway match terminated in a quiet but hurried wedding at Kacine , Wis. , last night. Tbo Hoeing couple wore F. P. McDonald , n poor but hard working young man , and Miss Mamie Evoy , the daughter of wealthy parents , both from Saginaw , Mich. On account of the disparity in their rank the parents of tbo girl objected to the young man's attention , but the lovers met. In secret nnd laid their plans for their marriago. The father discovered their plans and tried to prevent tbo wedding , but ho was eluded and the couple took tlio train for Chicago , followed on the next train by the irate parents. Aided by friends , the lovers wcro piloted through Chicago yesterday afternoon nnd put on a St. Paul train for Kacino. They nrrivAl in Uacino last night , having fooled tbo papa , and wcro immediately married. wnstEiiN rcoi'uj ix cmcnao. Among the western people In Chicago today were the following : At the Grand Puclflo Tames II. Douglas , CedarUapids , In. ; L. , f. Uralto , Omaha ; J. W. Morrow , Fargo , N. D. : Mrs. Marcus Daley , Anaconda , Mont. ; John H. Gambley , YunUton , S. D. At the Sherman Charles \Vagnor , Great Falls , Mont. : T. Mlltonberger , Lincoln , Kob , ; James Mason , Helena , Mon.t ; II. C. Choynoy , SIous City , la. ; J. W. Munn , Omaha. At Iho Tremont VI. B. Connor , Bolso City , Idaho ; II. S. "Wllllston , Montana ; Mr. ami Mrs. Ii. II. Foster , Omaha. At the Auditorium William C. Beer , Ed ward llrandt , Mr. and Mrs. II. T. McCor mlck , L , A. Uarucr , II. Manloy nnd Miss Manloy. , Omaha ; II. It. Lyou , Mnndan , N. D. ; W. II. Quick , Des Molnes , la. ; Mrs. J. A. Wllcox , Ceaar Uaplcls , la. At the Wellington 0. J. Crawford , Miss Crawford , Omaha. ALtho Palmer- ! . E.Markel.W.B.Jllllnrd , J. H. lluuhaiian , Omaha ; Mr. nnd Mrs. C. L. Watrous , DCS Molnes , In. : John I . Mitchell , DeorLodge , Moat. ; 0. T. Ilolmau , Ores- ton , la. At the Cllfton-F. Cooley and Mrs. Cooley , Omaha. At the Commercial L. Armstrong , Council Bluffs. At the Graco-C. F , Bard and 11. C. Gush ing , Omaha. At the Saratoga C. J. Compton and M. W. Turner , Omaha , At tbo McCoy-F. IHulno , Mr. and Mrs. Carter and \V. H. Hagan. Omaha. At the Urovoort S. B. Wadswortb. Council Bluffs. At the Gore E. B. Echkart. Nebraska. W. lBcchcl , auditor of the 1'ncltlc ex press company nt Omaha , Is attending the meeting of the Expressmen's ' Mutual Bcno- llt association hero. This evening the mem bers were guests of the Chicago express men's club at dinner iu tbo Wellington. This club was organized about a mouth age and Is composed of managers nnd superintendents ot the different express companies doing business In the city. It has n dinner on the second Thursday of each month , to which ofllclals of tbo express companies from the rank of superintendent up are invited , The 11 rat dinner was given this evening.ATK ATK INBOX , Txventy-llvo Thousand Short. AiEnMass. , Feb. 12. President Ilnrt welt of tbo North Middlesex Savings banl said this morning that the deficit of Caihler Simuldlnt : will reach at least 3,000 , STILL BATHING WITH DEATH , Bravo Struggle of General SheinunWth the Qrim Monster. /ERY / NEAR THE VERGE OF THE GRAVE. There Is Yet ix Fnliit Hope tlinltltc Old "Warrior Mny Conic Oil' Vic- torluiiN Turn Time nt NEW YOIIK , Fob , 12. CJencral Sherman v.is thought to be dyinc this morning , but nt ! : , ' )0 this afternoon ho had rallied somowbnt , ind the doctors expressed n faint hope that 10 might recover. The lights and Hitting shadows In the death chamber of tlio old warrior were caro- 'ully watched by a score of newspaper men nnd every bulletin Issued by tbo doctors wus quickly wired all over the country. During the ni gbt Ho v , Father Taylor of the Cburcti of the Blessed Sacrament was called to the jcdslilo of the dying general , whore lie rc- nalncd until about B o'clock this mornitii , ' . At about lltfO a message was sent to Sen ator Sherman calling him Instantly to the jcdsic'o ' of his brother. Ilo arrived iu n car riage nt 2:30. Two policemen are on duty outside , and everything is kept as quiet ns possible In the neighborhood. Tbo electric bell was removed from tbo door so it would not disturb the rest of the sick man , and In structions wcro given not to admit any 0110 except relatives mid personal friends. ll through the night messages of sympathy were received from the president , members of the senate and many of the general's ' old army friends. At 10:15 : n. m. it was announced that Gen eral Sherman was dying. This was told by the general's private secretary , who was seen wiping Ids ojes. Shortly after a second an nouncement was made that bo would not live over nn hour. Tlio members of the family wcro all summoned to Ills bedside. A bulletin nt HilR a. in. Announced tbat extreme unction had been administered to tbo general and ho was expected to die in a few minutes. The following bulletin was issued by Dr. Alexander ut noon : "Cicncral Sherman Is still nlivo , but there are uo encouraging symptoms. " Shortly after noon it was announced tbat Uio general's condition was n llttlo better. Tlio family thought ho was dying nt 11 o'clock , but ho rallied slightly though ho Is still unconscious. Ho is suffering from mucus on the lungs and may bo smothered. Ills breathing Is very labored. A bulletin at 1 p , in. stated that his symp toms wcro such as to give n faint hope of re covery and the following dispatch was sent by Senator Sherman to President Harrison : "Tlio Improvement In Oonor.tl Sherman at 1 o' clock today Justifies a faint bopo of Ms ro- covery. " At a o'clock this afternoon General Hora tie C. King loft General Sherman's hoiibc. Ho said that a few minutes before lie left the slcls chamber General Sherman showed signs of Improvement. The n.itlont , lie said , had arisen from his bed , and walking across the lloor , sat down in n chair. The phvslclans regard this as a very hopeful Indication , They do not now fear erysipelas so much. Their chief fears are of Dneumonla , because ot tbo accumulation of mucus iu the general's lungs. At OI.TO tonight this bulletin was Issued ! Physicians In consultation say there Is no chango. irQenernl Sherman mnlntainslii3 , , , present status for twcnty"-four"hours the situation will bo hopeful. JOHN SIIHIIMAX , The condition of General- Sherman during tbo latter part of tbo afternoon was encour aging up to as late as 5 o'clock. At tbat hour a change for the worse took place , Tbo gen eral lay In a comatose state and it was ex ceeding dlfllcultto reuse him. Ho could open but ono eye and t.ppeared to bo suffering greatly , but the doctor thought ho was not troubled with pain. Tbo patient continued In this condition during the curly part of the evening. During Iho evening ti great number of persons called to ascertain the dying gob.- eral's condition. A great many telegrams were sent away tills evening1. What the nature of thorn wan could not bo learned. On the sidewalk opposite tbo house quite a largo crowd of people stood watching the windows of the cbambcr wbero the sick inun lay fighting the battle of life. At 11:25 : p. m. Thackcry , General Sher man's Eon-ln-law , left tbo house. Ho said tlio general was In a semi-conscious condition. Lieutenant Fitch said tbat at 11 o'clock General Sherman got out of bed and walked half way across the room without assistance. Ilo could not speak , hut appeared to rccog- nizo these in tno room. The general had to bo helped back to bod. Ho Is very much ex hausted. At 1 n. m. it is stated that General Sher man appeared to bo asleep. His lircatlilni ; Indicated that his lungs were filled with mucous. Dr. Alexander thought erysipelas was leaving the patient , but the general Is not improved. _ _ 'JCHK MVA'AJlffK J'ZOT. More Dnmngiiif ? Evidence Against Secretary Gibson. CHICAGO , Fob. 12. It developed today that It was about January 10 when Gibson deliv ered tlio explosive to Dowar , nnd Gibson has dally been expecting news of the carrying out ot the plot. Since tbo 10th Gibson has written several letters to Dowar and sent him several telegrams. All of those are m the possession of the authorities. Of these Solicitor Hart says ; "Ho frequently quently ndinonUhoa Downr that ho was not using the dispatch ho ought to in tbo matter. Last Monday the department dictated a decoy letter to Gibson , having Dowar wrlto a letter to tbo effect that ho ( Uownr ) baa made several attempts at carrying out the plot and failed on account of the liquid. Ho said lie thought it had lost Its virtue. Ho instructed Gibson to como to Chicago Wednesday nnd brind n now hottlo of the stuff. Ho also told him to bring cvldcnco that ho Intended to pay him for the Job. Gibson answered by ntnlogram that ho would como to Chicago Wednesday morning. He did so and was arrested , The contents ol bis grip wcro a shirt , a few col lars. n bottle of the liquid nnd 100 shuros of whisky trust stock assigned to Dowar , It was a part of the deal to pay Dowar with stock , " said Hart , "and bo evi dently brought the bonds to show Dowar and spur him on to do the deed , " United States District Attorney Mtlcbrist says the only offense under tbo federal stat utes for which Gibson can bo tried is offering abrlbo to a federal oftlcer. The extreme ixmnlty for this Is tbroo years' imprisonment. Tncro ore several state laws under wjilch lie can be Indicted , but after a conference with tbo state's attorney today It was decided that tbo state would not mcddlo with the case until tbo federal government had finished Its prosecution. _ _ TMIK FMltST GVXt of Aotlvc Hostilities on the Dulcotu Prohibition Question. BISMAUCK , N. I ) . , Fob. 13. [ Special Tolo- pramtoTim BEE. ] The first rcsubiulsslon gun was tired m the scnnta this afternoon. The chief dork of the house apimred with a message , about 3:80 : o'clock , which the sena tors ascertained to be the resubmlsalon reso lution which tbo house passed yesterday Before the message was received a motion to adjourn was made. The prohibitionists op posed the motion nnd demanded a roll call , which was had. The veto for adjournment showed 17 to 18 , ono bolug absent. The ro- tubmlssloolsU appear to bo lighting for moro tlmo , but Iho vote indlcatoj tbat they already Imvo a , majority. Two democrats voted with the prohibitionists. The latter still claim to have u majority. The rcsubnilsslonlsts do not Intend to lot tbo bill go to the temperance committee , ll'.l S IT The llody of a Murtlcrod Girl Fount ! in Whltcclmiicl. ICopiirtglitetltsai by Jamb Oonlan JltnneM LONDON , Feb. 13. ( Now York Herald Cable Special to THE IIE. ] Intense ex citement was caused in Whltcchapel nt an early Hour tliti morning by the discovery of the murdered body of ayounewoman Intho street , not far from the scenes of Iho previ ous crimes. Everyone Is mining about tbo Hipper , but the police acted so promptly in removing the body to tie mortuary Hint It is 'mposslblo to ascertain , nt this late bour , .vhetlier . tbo victim's body was mutilated. The present Indications point to tbo case being tbo work of some drunken fiend. TJiiejiititfi : jittrfjtue XXM'I.OSIOA' . At Ijeimt Thirty 1'coplo 1'crlHli In u DlsiiMtcrN'cnr Quebec. Qunncc , Fob. 13. 'At 95 : ! this morning n boiler of the Quouco worsted company's fac tory nt Hiiro Point exploded , completely de molishing the engine house nnd about half of the factory. A largo number of hands were killed , thirty bodies having been removed up to tlio latest accounts. The buildings of tbo Quebec worsted com pany , where tbo explosion occurred , are situated In the northwestern outsklits of tbo city. They have boon dosed down for two weeks , while Iho boilers and machinery were being overhauled anil refilled. Operations wcro resumed this' morning nnd about thrco htind red operatives wCi-0 on hand. About 9 o'clock there was a sudden explosion which completely wrecked tbo cnglno house and dye bouse , and damaged a largo part of the main building. A great crowd gathered Im mediately , and thowork'of rescue commenced. The ilro brigade "was called out , but fortunately the debris did not catch lire. As great confusion prevails , It Is impossible to get n list of the killed nnd injured until the ruins have been thoroughly examined. A force of doctors and surgeons Is on hand nnd the wounded are receiving promut atten tion. The cause of the accident is not at. present Known , but It Is thought some of the pipes may have frozen up while the Urea were out. The work of rescuing tlio unfortunates burled under the ruins It still going on. The known dead number twenty-two. Some are still missing and are supposed to bo in tbo rums. The wounded number thirty , of whom six at least are not expected to live. Jay CJonlU Fallen Suddenly 111. ST. AfousTixc , Fla. , Feb. 12. Jay Gould was taken suddenly ill this morning and by the advtco of hli iphyrfclan left for Now York. Dr. Munn did not state tbo oxnct na ture of his illness , built is understood that the attack Isonoofncrvpusnrss , accompanied by loss of nppotltoand nn occasional fainting spell of short duration. NnwYonic , Fob. .12. George Gould late tonight received a telegram from Jay Gould. dated Waynesboro , Ui , , saying ! "I'm all right. " Special Police Display Tliclr Usual ItcoUIc.Hsiicss AVltli Hovolvcw. Nnw.iuif , N. J. , Fob" . 12. There was riot ing nnd bloodshed at Clark's thread mills this evening , Uhcn the non-union splnnors quit work they \vero carried over the river * and when they landed jit the Kearney side they' * woroMrfnet'yy- > JiljroriB > b'f * ' 2,000 men , women and children. A boy threw n rocic nnd the special police attempted to rush into the crowd. Chief Turnbull of the Kearney police ordered tlio specials back , and they retired. Immediately after n woman tnronr another stone and the specials tlicu ruslK'd upon the croivd , nourishing re volvers and shooting In tbo air. The crowd surged back , but flung showers of stones , which crashed through the mill windows. Tlio yelling and window breaking was kept up until the tumult attracted hundreds of peo- from Newark. For half a inllo along the river front there stretched a mass of human ity. The men inside the mill played a line of hose out and met the crowd. This made the rioters more angry and the window smash ing went on. Several girls were crushed and ono badly crippled. William Richmond , aged nine , was shot through the foot by a BJiccial officer. With darkness the crowd dispersed. There is scarcely one whole win dow in tno mill. It is ( nought there will bo nworso riot tomorrow and ttio probabilities are tbat the militia will bo called out. ix , i 3WitnL.t : . Ijntcst Aspect of tlie South Dakota lo- litical Situation. Pinimn , S. D. . Feb. 12. [ Special Telegram to TIIK Bun. ] The political situation tonight is greatly disturbed. All parties are laying their deepest and closest schemes. The re publicans charge that there is far more In the deal between this stuto and Illinois than it is given credit for. Whlto on the face it may appear fanciful it is really the oapturo of two senators by a combination and will have n wldo effect upon the polities of these two states , reaching to tbo presidential election , The feeling among republicans is that Palmer will bo elected in Illinois shortly and an independent will follow hero , As to whom It will bo there is diversity of opinion. Some say Dye , others Harden , but ICylo seems most likely in cr-so of such a deal , At any rate , it is acting favorably on the re publicans nnd they are making almost super human efforts to cireiwivcut the schcpio In any way they can , honorably to the repub lican party , Many of the republicans think that Uio deal between tbo independents and democrats may bo consummated not later than next Tueudny , Many members are planning to leave for homo over Sunday , but whether pairs can bo arranged satisfactorily or not Is a question. To say the least things arc decidedly mixed. The republican caucus tonight nominated Thomas Sterling of Hcdflcld ns their candi date for senator. The vote stood : Sterling , ; Melville , 23 ; Moody , 1. Sterling's ' friends think ho can receive some independ ent votes , but no ono knows where they are coming from. Greater credence Is given the Illinois-South Dakota schemes , by'whlch Palmer is to be elected senator In Illinois nnd nn Independent ho ro by a fact which has-Just leaked out to night , that Speaker Reward in the morning loaves for Chicago , and presumably Spring- Hold , to bo gene several tlays. Seward was elected by the Indopcndent-domocratlo com bine and lias the reputation of being ono of the shrewdest politicians In the state. If any ono could begin a deal of this kind , ho Is certainly the man. Ilo could ilguro with Sockless Simpson to his''heart's content. It Is ti well known fact that Simpson Is very close to Tripp and < the democratic managers hero , being1 rated moro of a'domo- crat than an Independent. In fact ho Is about half way between them. Of all men ho is the ono to put through such a deal ns this. There is no doubt but Tripp could bo bought off bore with prospects of the control of tbo state patronage In case the democrats are successful in the next presidential cam paign , in which Illinois at least may cut < lniton , ilguro. Against Cleveland. DENvnn , Colo. , Fob. 12. The Kocky Mountain News ( democrat ) in an editorial nn Cleveland's letter says In part : "There Is nothing left for tuo free coinage demo crats of the country hut to organize to defeat Mr. Cleveland's nomination. It can bo und should bo done , and it can and will bo done. " DuiyDonii'H Arrest. VF.nMiiJ.uyf , S. D.Feb. , 12.-Spcclal [ Tel egram to T K llEK.J-Doputy United States Marshal Kecimn arrested Dan Doan this morning for selling liquor without n govern incut license. Ho was takeu to Sioux Falls for examiiialoa , LIKE BIRDS IN THEIR NEST , ! hq Western Association Porformi Us Task in Perfect Hatmouy. THE SCHEDULE AND CONSTITUTION. jlsl of ( lie I'lnyerH Signed , Itcsorvcd niul KeleiiHed Oninliu'n Slronj * Contingent "Work Vet It ) lie Done. CHICAGO , Fob. 12. [ Spscinf Telegram to THE Unn.l President L , C , Krautlioftsat n the thTono In t.ho smoking room of tlio Ytidltorluin hotel ntlO0 : ! o'clock this inorn- ng nnd called the Western association to rdcr. The business Included , the adop- ion , of a schedule , cousldera- lon of the iic\v constitution , arrangement of the circuit niultlio sottlemcnt 6f all the troubles that might appear to re quire ofllclal nctlon. The delegates present vcroi L. C. ICrauthoff , president ; Ed Jrnndt , secretary ; Milwaukee , Manager 2ushman , President Mngulre , Director Gil- etto ; Minneapolis , President Ilnch , Mana ger Harrington ; Sioux City , President Heck , DirectorFoloyj Denver. President Van Horn ; jlncolu , Manager Howe ; Omaha , President McCormlck , Director Brandt ; Kansas City , 'resident Spcas ; St. Paul , Manager U'ut- dns , 'Iho association's circuit was not changed. 3Ioux City , the wavering nicmucr , proved ts stability. Director BOCK offered to leposlt JI.OOO to guarantee the association against loss , but this wus not deemed neces sary on account of subscquentaction. It was lecldcd that each club give a guarantee of s5,000 so that the nssoclntlon might not suiter f a member dropped out. No formal ippllcatlous wcro received fiom Grand Han ds , Indianapolis or Toledo for ndinlssion , nl- .hougb. II. "W. Ueccher of Michigan City , lias not yet given up the hope of breaking into the organization's ranlis. Humors of 1m- > cndlng trouble In refercnco to alleged : hangos In the circuit were many , bu they must hnvo been smothered before the nectlng was called ! o order. An old conten tion between Minneapolis and Sioux City wus settled after a boated presentation of ar guments. The Corn Huskcrs claimed $100 luo on receipts of Decoration day games n Minneapolis , and the question arose over the proper Interpretation of the agreement nado by the managers of the two clubs. The expected decision was in favor of Sioux City , nnd President Hach at once drew bis clieclc for MOO. Complaint was niado against the Lincoln club , which , It was alleged , owed several debts to follow clubs , but the matter was amicably settled without allowing the details Lo become public property. During recess the scbedulo committee Inisncd its report , which was presented at .he evening session. Objections wcro inndo .0 dates hove nnd there , nnd the committee was instructed to amend thovard in nccord- inco with the action talccn. It was agreed when this was done the schedule should bo adopted and the matter will bo disposed of tomorrow. A huge amount of work in connection with the con stitution was avoided by relegating the adop tion of that document to n committee inndo up of Knmthoft' , AVatkins and Hach. TUo Snauldlng ball and bat were adopted is the onlolnl Instruments of warfare , the manufacturers agreeing to glvo each club -lirco dozou-balls and.two dozen , bats gratis. ; The association adjourned until tomorrow morning when its business will undoubtedly jo completed. President Krautboff must tomorrow act with the national board , and this , of course , would prevent his presiding over bis own as sociation. Krautboff will submit a sugges tion to the board tomorrow that all clubs play ; hcir teams Intact during the season. This Doing adopted , It will do away with carting ragged portions of ball nines through tlio country , Thd Milwaukee's claim to Urhn will bo contested heforo the national board tomorrow by the Hochestor club. Following Is an ofilcial list of all players signed , reserved or released , by the western association clubs as sent to Secretary Young for promulgation among the parties to the ' national'Agreement : Ornalia Signed : Baker , Hnlllgan , Now- nun , "Willis , Shannon , Macauloy , Eitcljorg. Itcservcd : Stenzel , Clarke , Knell , Walsh , Cleveland , Canavan. Terms accepted : Shiir- rott. Heleased : Ilanraban , Pagan , Aloran , Uruqiihart , Works , O'Connor. Kansas City Hcservcd : Manning , Hoover , Stearns , Ounson , Hocrievcr , Burns , Donohuo , Smith , Conway , Swartzel , Carpen ter , Pears , llollund. Heleascd : Nicol. Lincoln Hesorvcd : Patton , Flanagan , Hart , itoach , Cllno , Brimblccomo. Signed : Bushman , Trallloy. Heleasod : Phelan , Hoover , Uomp. Sioux City Reserved : Zeihel , Crossloy , Black , Schclltmsse , Devlin , Wldncr , Bell , Brosmnn , Kappcl , Genius , Straus , Glenn. Keloascd : Powell. Minneapolis Kescrvcd : Dugdnlo , Duke , Killcn. Hyn , Ilonglo , Day , Allllor , Minnchan , Carroll. Twohy , Mitchell , McQuald. Signed : Shugart , Bartson. St. 'Paul Signed : McMahon. Brown , Frost , "Kid" Baldwin , Ford , Dalton , John O'liricn , Abbey , Osborno , Ely , Ilnrt , Meolcln , Mains , MeLaughlln , Murphy , P. O'Brien. Milwaukee Reserved : PettitDalrymplo , Poorman , U'olch , Shoch. Alberts , GrllUtb , Clansscn , Kcnwlck , Kreig. Signed : Grim , Vickeiy , Schrlvor. Dungan. Heleased : Jantzcii , Westlnho. Morrlssoy. Denver Kcsorved : White , McOlono , Me- Clcllan , Curtis , Trod way , Whltchead , Trom- poy. Signed : Lohbcck , Reynolds , McNnbb , Hamsov , ICcofo , Fournler , Payne , Kennedy , Novcs , O'Hrlon. Worriok , Mcssltt , George Tebcau. IJcloased : Flood. KiifEi > ur jus oirx soy. Sad Kato ol" linden I-iewIs , tlio Terror nl * Kentucky Desperadoes. Pixr.vn.i.n , ICy. , Feb. 12. Judge Wilson LowK who has boon active In prosecuting the desperadoes of this region , was shot and killed last night by his own eon , Sidney Lewis. Tlio judge had put his sou under bonds as one of the unlawful gang , Reply to Civil Service flcfbrinerfl. BOSTON' , Mass. , Feb. 12. The Cambridge Civil Service Heform association has re ceived Irom the president a reply to their address - dross of January 31 , in which the president says : " Vour reference to the recent out- Urcak among the Sioux as affording convinc ing evidence of the necessity of a chance In the manner of appointing ofllclals of the Indian bureau leads ino to say that I have not found In n full examination of all the facts , evidence of any deterioration in the Indian service. Oil the other hand , the hoard of Indian commissioners , through Chairman ( Jutes , has , as n. result of close ooscrvatlon , de clared to mo under date of January 10 , Inst that upon tbo whole the Indian service Is now In bettor condition than ever before. The objector their communication was to urge the extension of the civil service rules to the Indian service , but they wore oiroful to recognize that the argument was not to bo found In any epeylal or recent Incident , bul In tbo broader fact that the work among tbo Indians is educational and philanthropic , and should , therefore , DO separated from party politics. 1 may add that before any special appeal has been inado to me tbo sub ject , Including Indian agency clerks and em ployes in the classified service has been under consideration. " IndlniiH Call on tlio I'rcHldent. WASIIIXOTOX , Feb. 13 , Tbo Indian chiefs DOW la tbo city called at the whlto house this afternoon ana paid their respeots to the president. They listened attentively to a short address by the president. Ilo pointed titl V of the ! rgolngto war with the vhitA ynado It very plain that If they mdoi Vro trouble they would bo pun- shed. - . . Mil thorn they must teach their ottng f , u , to bo warriors , buttltlzons , ml end * "s \o cam their own living by omopeil \lnduslry. . The gavenimont , o snld. \ \ " : . \rotect nnd cncourago every ndlnn wh Vposecl to bj peaceful and In- ustrlous.tidlaii9 then shook hands 1th Uio pr\ \ and withdrew. i : ix JA&IAO/.V. tnpiibllciini. niul I'\irmers Still Co quetting \\lthout Itusnlts , SpntNiiciKi.n , 111. , Feb. 12. The farmer nombers of the legislature ngrccd with the cpubllcans to take two ortlireo ballots today nd then adjourn until tomorrow In order to Ivo the steering committee a chance to get 10 recalcitrant republicans in line for Moore , f that i possible. I'ho republican steering committee held n ncetlng tills morning at which It was an- ounccd they had not yet decided whether o accept tbo farmers' candidate , but would Ivd a dcllnlto answer tomorrow. Tbo re- ubllcnns Issued a call for n party caucus this veiling at which n fitvil attempt will bo made o unite the party upon Representative Mooro. In the Joint assembly n number of ballots vero taken , resulting : Palmer , 101 ; Llud- oy , 100 ; Stelle , 3. Adjournment was then akcn. It Is Impossible tonight to predict with any ertnlnty the outcome of tomorrow's session f tno joint assembly. It is conceded that 'aimer's election Is a foregone conclusion unless the republicans decide to sup- > ort Moore or continue negotiations until otnethlng unforeseen comes up. A republican aucus was Held tonight , at which the slum- ion was thoroughly dlscusseit. A larpo ma- orlty of these present favored n combination vlth Mooro. senators Evans anil Crawford ' md Representatives llutchlns and Patton till Insist that they will not vote for Moore , o the matter Is In doubt. The caucus np- iroved the action of the steering committee nd negotiations will bo continued in the nornlng. Senator Evans says emphatically lint ho will vote for no man but n straight ut republican. It Is believed that unless lore tlmo Is granted the republicans tonior- ow tbat Messrs. Moore ntid Cockroll will nst their votes for Palmer In a day or two , bus electing him. If an extension of tlmo s granted tno republicans there will bo no lection this week. rCcmiirknblc 31 ichl nn Hills. Lixsixo , Mich. , Feb. 12. [ Special Tolo- grnm to THE Bcc.J One of the mostdnngcr- us features of the recent Michigan loglsla- urohas been the tendency of some of the awyev mcinbcH to drop the mantle of lcis- ntor and npponr ns attorneys of big corpora- ions. Today Representative Miller Intro- need a Bill which provided that lawvcr nombers shall ba prohibited from practicing licir profession during the session. The bill vas referred to the committee on agriculture ud the attorney members scored n point In crurn by giving notice of a bill prohibiting nrmer members from following their pcation during the session. A remarkable Jill introduced today provides that the rail- oads of the state must transport members of ho legislature ana fifty pounds of bngpngo or cituh , frco of charge- , when the members ro engaged upon legislative duty. 1'arty Ijlncs Drnwn. Pinnnc , S. D. , Fob. 1" . Thrco ballots wcro aken for senator today and for the first time esultcd in drawing party lines. Moody ro- cived on each ballot 00 , Kyle 53 , Tripp 25. Although Moody was rcnointnated at the Caucus last night , ha failed to draw the indo- icndents today. Many Insist ho should with draw , which lie opposes. > , f > CLKVEt tXO. Tlio TarlfT Illll Author rays His Itc- Bpcots to the ICx-PrcHidcnt. Toi.cno , O. , Fob , 12 , Lincoln's birthday vus chosen for the fourth annual convention f the Ohio League of Republican cluba and ho session was held In this city. Tbo event f the occasion was a banquet In Memorial ball tonight. Three hundred guests wcro iresent , hicludlng many mon of national cpute. Congressman Ashley responded the toast , "Abraham Lincoln. " lion. William McKinley responded to the toast , An American tariff for American people. " In address was essentially a reply to ex- 'rcsldont Cleveland's speech at the Tbur- nan banquet last November. "It was , " ho said , "gratifying to the friends of protection o have that eminent democratic leader inako an open confession of the purposes which ho and his party associates aim to accomplish jy a frco trade tariff. Assigned to respond to the inspiring sentiment , 'American Citi zenship,1 ho mndo 'Cheapness' tbo theme of us discourse. His avowal Is only that which M-otcctioulsts have always claimed to bo ; ho inevitable tendency of his tariff policy , which exalts cheap poods from abroad above good wages at homo. The tariff reformer jravcly asks why wo wantinanufucturlnges tablishments in the United States when wo can buy our poods in other countries as cheap as we can manufacture them at home , If not cheaper. * * * Tbo masses of the people nroin no temper for such a suggestion , and will never eonsont to the inauguration of a policy which will scale down tbolr wages and rcn'lo' * it harder to obtain ttio necessaries of life. 'Cheap coats , ' to which the gen tleman is so much attached , do not tempt them , for many remember that in the previous frco trade eras of our history they wcro too poor to buy thorn at any price. * * * * js American manhood to bo degraded that merchandise may bo cheap ? Cheap coats at any price , at an v sacrifice , oven to robbery of labor are not the chief ob jects of American civilization. Wo scorn cheap coats upon any such terms or conditions. They are 'nasty1 at such a price. * * * * The gentleman who is now so Insistent for cheap necessaries of life , while in ofilco and clothed with authority was unwilling that sugar , an article of prlmo necessity to every household , should come untaxed to tbo American people when It was known that It was nn annual burden upon thorn of 50.000- , 000. Ho stood then as the uncompromising friend of dear sugar for the masses. During his term he was dishonoring and discrediting silver nnd enhancing tbo price of gold. He endeavored oven before his inauguratiotl to stop the coinage of silver dollars , , and afterwards and to tbo end of his administra tion persistently used his power to that end Ho would have increased tbo value of money nnd diminished the value of everything else. Money was bo master , everything else its servant. Wns there- over a more glaring in consistency or reckless assumption * The tariff reformer bus In bis wild ccstncyovor so-called vlctorv been betrayed into an avowal of bis real design , Ho believes poverty Is a blessing to bo promoted and en. nourapcd and that shrinkage In value of everything but money Is n national benefit Ho no longer conceals his love for cheap merchandise , even tbough It entails the beating down of tie price of labor nm' curtails the comforts and opportunities o ; the masses. These who advocate duties solely for revenue BOO only as a result cheap er prices , which are but temporary at best and do not see the other side lower wages cheaper labor , agricultural depression am ponoral distress. " Mr , McKinley went on t < eulogize the protective system am said : "If this policy Is to bo reversed versed it must bo done , not b ; clamor or representation , not l > y school moi and theorists , but after the fullest dlscusslor and Investigation by th'J sober and mtolllgen Judgment of the majority , constitutionally registered. The only monuco to our advance ment and prosperity to our wage earners nni farming Interests is the party pledged to th repeal of tbo now law and the substitution o the British system In its place. Frco am full discussion will avert the danger. Noth Ing clo will. " MlilllstH MiiHt Leave IJulgarln. SOFIA. Fob. IS , Premier Stambuloff ha decided to cxpell all ulhlllsta from Bul garla , THE MAXIMUM TARIFF BILL ; loportctl to the House For Pamgo by tlia Committco of the Whole , A BIG RAILROAD LOBBY ON HAND. Several Important. .MiMumrc * Affect * lug the Uoiuls I n trod u IUM ! In itotli Itranultos of I In ; l/c-g- Isliituro Yesterday. Lixcm.y. Nob. , b\sb. 12. [ Special to Tim Ir.r. . ] The house tins morning wont Into committee of tlio whole to consular the com- nlttee bill establishing maximum freight nrlff. Mr. Porter ( ind. ) said the bill w.v cailly explained. It simply adopted the lowaclasst * Icntlon of various articles of commerce niul ixcd the sumo freight rate tlmt now prevails n that stato. "This is the issue upon whlcb , vo were nearly all elected , and upon which hero ought not to bo any radlc.U difference ) n opinion on the lloor of the house. " Oakley asked I'ortor where ho got the Uy ormatlon that the people ot Nebraska do- nandcd the Iowa rates. Porter answered , "It Is a part of the plat * form on which I was elected. " Newbcrry ( Ind. ) expressed surprise that ho mctnbers wcra not familiar with the pro * Islons of this bill , when it had been undel consideration for nearly n month. No otii should plead ignorance at this late day In tha session. Scott ( ind ) thought the effort to delay con < slderation of the bill was simply carrying out tlio udvico of tbo railroad louby , winch vas gathering from till , points of tbo compass o dcfc.it the Just demands of the people of fobrnslca. Hr cn snld that all ho doslroil was to goj copies of the present ratoi In Nebraska from ho board of transportation. Faxon ( rep ) objected to tbo Independents saying that tbo gentlemen on.tilts sldo of the louse do not want any railroad legislation. 'I nm a farmer , and 1 nm jiiBt us much n favor of some measure tuat will grant ro- lof from railroad extortion as nny ono on tlmt sldo of tbo house. " Modlo ( ind. ) said that full and careful con sideration hail b-en given to thlt bill by the committee , and ho for ono , nnd also some of its colleagues , bail been approached by some if the railroad cappers , who proinlied them hat If they would not favor nny laws rogu. atlng freight charges the H. & .M. would ship all the goods frco that mlu'ht bo donated to their constituents , but ho had spurned the offer. Shrador ( bid. ) thought the matter bad boon lebiitcd long enough'und for utiowasicudy 0 nut. Oakley snld ttio people bad given the con stituents of Modio , Stevens and other western members n liberal donation. Stevens ( bid. ) of Fnrnns could not see what' that had to do with the question of emulating railroads. Oakley ( rep. ) of Lancaster strongly op- loscd making a.inaximiim rate. It never bad icon a success anywhere , nnd If enacted in tfuliraskn this winter inembew of nil partloj , vlll bo falling over each oilier two years lonco In their efforts to repeal the law. Fclker ( dem ) of Douglas said : "Air. Speaker It seems rather strange ho reason why this matter should ba forced upon us at tbo present llmo. It has beoa well said that there are a largo number of members on tlio floor who have not con sidered this bill sufficiently to ascertain its merits or demerits. Now , If that bo tbo case , which it is with mo. I am not prepared : o vote on tbo bill. This Is a matter of great mportanco , and I say hero to my follow mem bers upon this floor than any Injustice wo t'lo ; o capital or to nny enterprise within tbo con. Hues of this stato. In that proportion wo Injure ourselves. If wo Injure a locitlmato corporation , wo Injure tlio fanner ns well , Now. the question Is hero : It is slinplv ask- ng for time that wo may consider tbo bil ) mil vote upon it in an intelligent manner , It Is for us hero to do Justice between man ind man. It la ImmnUTial whether tbo man tins been injured heretofore or not ; that h no reason wo should Injure him today , but two wrongs , Mr. Speaker , never made ono right. I sny tbat members hero who hnvo not exninlncd the bill ought to have the privilege to do it. It may seem n very trivial thing to pass upon a matter llko this , but 1 will guarantee to say , without fear ot contradiction , there is no member upon this lloor that can go to work and explain to you Iho workings of tbo freight bill such ns will uo given to the farmer , such us will bo glvcil to the mechanic , to the merchant and tha railroads of this country. " \Vo must bear In iiilnd that the rallrondj no longer follow civilization , but that civili zation follows them. It is a > duty that wo ewe to ourselves1 , to our constituents , to deal fairly honorably and Justly with this capital , that Is associated together to promote tlio wclfnrd and development of tbo country. I sny It ought to bo postponed until such tlmo as wo can gather our statistics from these states and see what they aro. 1 venture to say that no man upon this lloor , except the committed that Investigated the bill , knows the former rates the railroad has charged In this state. " Mr. Uobson of li'llltnoro said : "Mr. Speak er This railroad question has agitated tbo minds of tno people of Nebraska for tha last twenty years , mill the people have applied to this body to glvo thorn rohef. U Is not abso lutely necessary to understand freight rates altogether. It is a very simple matter to ilnd out nnd to form some basiswhether they nro charging extortionate rates over the state ur not , and whether tbo business Is a paying Institution or not. That Is the only basis upon which wo can ven ture , and If nny gentlemen will step Into the stato. library and get the manual of railroads nnd investigate It , lie will Ilnd all the information ho may want. And that will glvo him a good foundation to stand upon and vote Intelligently upon the subject. When wo take the 1) . & hi. railroad for Instance , during the last seventeen years , we find that corporation has paid about $31,000,000 in dividends on a capital of $ TO)00,000 ( ) In that time , besides the interest , and wo uro forced to come to the conclusion that railroad busi ness Is n paying Institution. Now I repre sent tbo farming Interests of this state , and 1 ask every gentleman on this lloor that you nourish that Institution and aid It so we can make a decent livelihood for our selves , and clothe our children und families , and glvo them opportunities for enlighten" mont which they ought to possess in this nineteenth century. The agricultural classes have made the state what It is today. These pioneers rame out hero and wont through grasshoppers , hailstorms , drouth and everything - thing olsu to make our state what It Is , und when wo como to this body and ask for relict when wo ask for broad they viva us u stone. Wo are asking nothing but Justice yes , and wo claim tbat 'Justice Is the law of God , ' and my fulrthlnkliikfriends can at- tacli what meaning they will to the phrase , but you shall novcr convince tbo people that they who toll tbould starve. " ( CFiccrs.1 Watson ( rep ) thought n special committee , of which the Independents should have a majority , ought to bo appointed to draft a , bill , and suggested that tbo minority of tha committee should bo named by tbo republican and democratic party caucus , and for ono ho pledged himself to support any bill tbat inib'lit bo drawn up by tbo commit * too , Glllillan offered a resolution that the bill should DO considered without having tbo chmlllcatlon read , but beforu n vote was reached on nny of tbo propositions pending , the committee uroso and tbo house adjourned until 'J p. m. In the afternoon the house resumed consid eration of tbo maximum tariff bill , which , was rend section by fccctlon. On motion of Kruso tha reading of the classlllcutlon was dispensed with. Shrader moved that section a. fixing tbo distance tariff and car load rates , Uo adopted without reading. Carried. Sections 4 and 5 wcro also passed. Hhradcr moved to strike out all that part of section 0 which prohibited * railroad froai