Nebraska Newspapers

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I
YEAH. OMAHA , WEDNESDAY BIOKNING. JMAKCMI IS. 1801 270.
POOR'S ' ASSASSIN CAPTURED ,
Arrestcil in Ohirago for Burglary null At
tempted Munler.
NOTORIOUS AND DARING CKIMINAL ,
lie IM a Man ( if .Many AltiiieM anil an
i\-Cmt : vlct ol' tlie NobrasUa
anil .lolli't Petition-
tlllllCH.
CIIICAOO , March -Rpoclnl ( Telegram to
Tin : Hr.F.-Tho | Uhlrngo jmllco think they
bnvo the man who helped to murder Mr.
I'oor , tno proprietor of the Nebraska stoain
laundry In Onmlia , In May last. 11 Is name Is
Mike Silk , but be la nlso known ns Fnvdor
nnil Shouits , nnd goes tiy other nllnr.oa. llo
Is ono of the men arrested on the charge of
entering tin1 store of .lewder llussander on
tin-North sldo on February HI lust , nnd nt-
tempting to rob It. The wonld-bo robbers
llri'd several shots at Mr. llussiaiider , 0110 of
wnicli grn/cd his leg , and tbon made their
escape , but were run down in u short tlmo.
The crime was committed early In the even
ing , when crowds of people were passing and
rcpasslug the store all the time.
"Silk , " said Chief of Detectives Klplcy to
Tin : Hiu : , "is
One of ( be .Mowl Dining ( "i-inilnaN
In tbo country. lie has been arrested on
numerous occasions cuarged with burglary ,
assault with Intent to kill and similar of
fence. ' . Ho lins served sentences nt .loliet
nnd , I think , at Lincoln. Ho had Just lln-
ishcd a let-in at Lincoln , I understand , when
thr murder of Poor .was committed. Wo
liimw that ho was In that part of the country
nt that time. F.vcr since the murder was
committed , wo have been at worn on it. Wo
CMimlnu almost all important criiniimls who
come Into our hands , and from fragments of
Information gleaned from scveial ui'thorn we
r'liincclcit 'IlkVlltiitio Murder.
"Since be wns captured for complicity In
the attempted rouher.v of Ilussaiider's place
four week's airo wo have obtained additional
rliu-s which coiivincous that li'i is one of tbo
men. There were two of them and the
niithorltiesnt Omaha think they have onoof
the in lu Jnil there. Silk in I T was sent to
the penitentiary at Juliet for three years for
burglary. When ho was released lie went to
Omaha and soon picked up an acipiaintanco
with members of Iho criminal class there.
He wns
AircHtott Several Times
tliero hut was never convicted. The iniiniiu *
( if Mr. 1'oor wns committed while Silk was
In company with another criminal named
Henry. In climbing upon ashed In tlie rear
t Mr. Poor's house , f'oni which to effect an
entrance , Mr. I'oor wns aroused and ap
peared at the window with a tovolvor. Silk
told nn associate that It wns n case of either
being captured or shooting , llo shot.
"Soon afterward lie came bnclt to Chicago
und got in with his old associates. "
Chief ICiplcy could not give thu sources of
his Information until the case was further
developed.
THI : Mjf.ijf.t.i.scwii' .
Jlyslcry ol'u Shocking Mui-ilcr t'om-
initlcil dust 'May ( 'Explained.
Two inon , John Kragin alias Mlko Silk and
Henry McCartney alias I Yanlt I' K >
rested In Chicago for committing a burglary.
The evidence ngalnst them was not the
btrongest , nnd Iho authorities brought in
fluences touenrnpon KriiKiu which induced
him to pencil on his pal. His be
trayal of his accomplice promised
the Inttcr's conviction , but McCartney
Imd a lenrful revenge.Vhen he learned that
his partner hi crime hud proved him fatso ho
startled the authorities with the statement
that Fragln was the man who had murdered
Chillies Poor inOmaiia in May , IV.HI.
It was a serious charge , and the Chicago
nuthorliins did not readily credit the correct
ness of It , Inclining to the opinion that it was
n trumped up charge made by McCartney for
the purpose of getting oven with the pal who
had betrayed him.
McCartney. however , soon convinced
the authorities that , ho know
s what ho was talking about. Ho
detailed niinutelv the story of the crime. Ho
described the location of the I'oor resuleiico ,
the house with its window and porch ar
rangements , unit nil the little particulars of
the crhno that could only bo known by sonic
one who was very familiar with the case ,
more familiar than ho could have become
from rending the newspaper lice-omits or f rum
hearing the storv " told by persons whoso
knowledge of tho" crime had been gained
after Its commission.
McCartnov said that tliero were three of
them Implicated In the crime , Krngln , himself
mid a man named \Villlnms. lie stood guard ,
he said , In front of the house to sound an
alarm should the presence of the trio bo ills-
covoivd by passots-l > y , whllo Vragln and
Williams started to gam access to the re-i-
denco , their object being burglary , as they
Imd learned that Poor usually bad consider
able money with him and that both he and
"
Mrs. Poor" had a largo amount of valuable
McCartney alleged that \Yllllams went to
f
the side of the hou < o nnd mnito mi
effort to raise a window opening Into
the dining room but was unsuccessful. Tncu
Kriigiu scaled the porch , making his way by
clinging to the heavy wires that covered tbe
Kinith and wrM posts supporting thu balcony.
He bad Just reached the roof of the porch and
was hugging the wall In the shadow , when
Poor , evidently attracted by the noise , rid ed '
the window mid leaned out. holding a revolver 1-
ver in Ills right hand. H was a call for action.
Fragln could not move without attracting at l-
tention and would bo discovered if ho stood
Tlio I'm at .shut.
Ho was in the shadow , Poor in the light ,
Instantly , lust as I'oor turned
his head to the west I'ragin
took aim and fired the fatal bullet , striking
Poor nearly In the center of the forehead ,
and lie fell'torwtird upon tno porch without a
groan.
Fearfully alarmed at the dreadful wiling
of their thieving expedition , the three men
lied In opposite directions.
McCartnov alleged that ho had not seen
Williams slnro the night of tbo crime , and
did not M > O KiMgin until n few weeks ago ,
when they met In Chicago aiul ret.ewed their
alliance.
Working I'p tlio Case.
V. II. Marsh , general superintendent of
the Chicago poUeo , has ueon working on tlio
case over since Page , alias McCartney , made
bis startling revelation , and has been In con
stant telegraphic communication with Chief
Seavcy. The attention of the latter was
tirst called to the case by the following
\V. S. Seavcy , ( Icueral Superintendent of
Police , Omaha- Dear Sir : Wo have informa
tion tluit Mike Sill ; , a notorious crook planned
the robbcrv ff e\-Trca urcr Poor , of tlio
l.nutidrvmeu'.s association of your city the
HIM part of last May. That Silk wa- stir
prised bv Mr. Poor , and that in the tussle
SiU bhot nnd killed him with u iNcalibre re-
volver. Frank 1'age , Silk's partner , was
across the street nnd saw the shooting. Page
also claims that there is a dark compi-'xioned
hlim man , with n sir. all inoustaiho now in
vourjuii tluit knows all atiout tbo affair.
i'ngo does not know tils nanio but will get It
for us.
i'lenso Investigate and see what there is to
It and ailrlhc uie in the matter.
matter.R
R II. MUMI.
General Superintendent of Police.
The following uloprams have been re-
colvctl *
"Pace nnd Silk locked up In comity Jail
hero. Will Ret name of hlim man In all as
BOOH oa po and bond it to you. 1 liotto
of I'wuw SHk follow t
"Fn nk say * that your prisoner's
right tmitii'li , Iacls or John William * . He
limy bo there under another name Photos
uning. "F II. M\u-ii.1
"Frank Page was disihalved tiulav. Wo
arrested him ami mv hohluitt htm tor you.
, n-wer and lot me know what you are going
0 d.i. . ' ! ' I' ! . M\u it , "
I'lifjo describes timn In your jail us f l-
o\vs : .llmmlu Williams , Ti feet I inches tall ,
ark complexlou , small dark moustache- , dark
ult and blacic stiff hut. ! ' . II. MVU II. ' '
The letter with the photos of the two crlni-
mils has been received. Page Is known heron
n Omaha , but none of the police ri'tiu'tnber
avIng-MooH Frngiu , nnd the detectives have
con nimble to learn anything nlxmt him ,
Mlctiiu'l l-'fugln nlla.s Mlko
, Silk , was ar-
estinl in Chicago , February III , I MM , for as-
ault with Intent tocommlt murder. lie Is n
tenm litter by trade mid bus served a term
: i the Columbus. O. , Jail. llo is f > { pet t )
tidies tall , and : il years old. He U stoutly
iiiil ! , wclgliH H.'i pounds , 1ms sallow complox-
on and blondohniratid inoUHtncho. There nro
hreo charges against him.
Viink I'ago , Id- , pal , wns arrested January
IMM , fur robbery , lie Is a shoiMimlier by
rade , " > fed li" , Inches tull.xvciuhs I lit pounds ,
lim built , medium complexion nnd brown
mr.
I'hlef Soiivcy telegraphed Huporlntonitent
ImMi and t'o'nnty attorney Mahoncy sent n
elcgram to State's ' Attorney Longeneeker of
'hiciigo , nsulng If the iirlsoner would bo
.imirit over to the Nebraska authorities ,
iunerlntendent Marsh replied that thov have
1 enso against Fragin that will send him to
ho penitentiary lor twenty years , but that
hey will give him up to thu Nebraska of-
leers If a case of murder can bo
uado against him here. As tlie
irosecutlon must rely very lirgcly
n 1'nge's testimony Chief Seuvey sent tor
n nllldavll signed by that Imiivliliial , so as
o uel a dourer view of tbo situation. Thu
flldavlt is now on the road and will probably
> o hero tonight. As soon as It arrives Chief
ioavoy will know what Is to bo done.
The man referred to ns Williams 's In the
ounty Jail , but he has not yet been placed iu
ho lmp.ii ltorial sweatbox.
The chief is satisllod that there are several
'hnslmrs" In the city who are Intimately
icipndnted with the prisoner , ami does not
iVant nnv outside inlluoneos broueht to bear
ipon him until the autliorltles have had an
ipportunlty to siiuee/o a little Information
> ut of him.
Tlu > Omaha Suspect.
The n.an now in the city Jail gave the name
if Frank Williams when arrested last
Saturday as a suspicious character.
lo served a term in the lounty
mil and was released last week. lie
lonies all knowledge of the Poor trarcdy.
0 was shown the photographs of Frauin and
McCartney , but said he never saw cither
of them before. When taken cut to bo
ihotographed Chief Seuvey remarked that
10 wanted a good pleturo of the man , and
Williams became very nervous , but thus far
ho detectives have been uuablo to iret
anything out of him. Ho has been hero
or the p.ist two or three years , and has
gone under the mimes of Williams , Kelley
.mil llogaii. The police are satisfied that he
s the man referred to by McCartney , atlas
'
'ngi1 , and that be knows more about the
nmdcr than ho is willing to admit ,
The Crime.
The crlaio was couiinittod about n o'clock
on tin ; morning of Saturday , May li , IsiHt.
At that hour Mrs. I'oor , who slept with
ier baby In a room ulivctly across the hall
from her husband , whose room was In the
southeast corner of the building , was
iiwakoned by a disturbance which sdio could
not locate or describe. Instinctively she feit
that .something was wrong and called to her
'lusband , "Charlie , " "Charlie1 but received
10 response.
She rose , crossed the hall , went into her
huslmnd'.s room and there found him. as she
thought , leaning out of the window In his
night clothus.
A Hole in tils .
She spoke to him , throw her arms about
him , mm leanlutr out of the window , saw by
the dim light , n dark stream trickling from a
hole in his forehead down tbo roof and into
the cutter.
llrr husband had been murdered.
With remarkable presence ot mind Mrs.
Poor pulled her husband uack Into the room
and summoned a domestic. The two women
tried to restore the man , but falling tele
phoned to W. A. 1'axton , a friend of the fam
ily , for aid. In a half hour assistance from
friends and neighbors caino mid the euro of
the doiid body was assumed by them , Mrs ,
Poor having become proMrated with her
great grief.
Thu matter was placed in the banns of the
police mid every effort was made to obtain
even the slightest duo to the murderer , but
nothing tangible came of the vigorous search.
The matter was a mystery.
The Objri't ol'llie Crim ? .
It wns undoubtedly the work of a tmrRlnr ,
Thu position in which the body was found
indicated thai Mr. Pour had been disturbed
by some one either on the roof of the porc
or climbing llio posts. UMng , he had gone
quietly into the hall , sccuicil his revolver ,
and throwing up the window had thrust out
the upper purtimi of Ills nody with the halfcocked -
cocked revolver in bis baud.
Theji tbo shot was tired and his head fel
forward on the roof of the porch whllo thi
revolver dropped from his nerveless linger :
to the tin root where it was found a women'
later bv " His wife. The weapon was full.v
loaded , "indicating that the bullet of tlio mur
derer had done ils work before Mr. I'oor mi' '
n cliiinco to lire.
The vines in the posts of the porch Just
below the window , Mlu-ro the murder was
committed , wore found partially torn and
murks on the paint indicated where the mur
derer had climbed up. There were nlso traces
01 footprints in n flower bed Jn t below the
dining-room window , as if some 0110 had lir t ,
tried the lower windows.
1'nblic Indignation.
Nothing In the annals of crime in Omaha
ever created so much indignation. Poor was
T prosperous business man , hail it pleasant
honw , a loving wife and two bright children ,
was a model man personally , and bis murder
aroused the community to u wonderful pitch.
1Indignation was expressed bv everyone , the
police force was denounced for Us inability
to get any trace of the perpetrators ol the
crime , mid had the murderer nwn captuicd
nt that time lynch law would havo. undoubt
edly been resulted to by tbo infuriated
pionio.
The MurilrrtMl Man.
Charles i'oor , ttio murdered man , wns a
native of Udiiiington , Vt. , nnd was thirty-
two years of ago.
He eiiino loOimihu In l M. mid was fora
time associated with tbu Kimball Ice com
pany but soon engaged in his old calling , that
of conducting n laundry. In October , l s.l ,
ho took a partner , the now llrni
being I'oor Henry. Six months before
bh death he bought -Mr. Henry's Interest and
managed his enterprise alone , and was doing
a prosperous business , His laundry was the
Nebraska steam , located nt the southeast
curlier of Sixteenth and Howard streets.
Mr. Poor's remains were interred m For
est I.uwu cemuti-ry on Monday , May IU.
M rs. Poor.
Mrs , Charles Poorwa seen bv n reporter
ycsierdiy. She was found at her resilience
where Iho murder occurred. In speak
ing of tlio arrest she sad ! : "This
is no surprlso to mo , ns I have always be
lieved the murderer of my husband would bo
captured. I only hope that Justice will bo
meted out to the guilty parties. 1 want to
sco the right thing done. Keali/dng thai a
limn,1 ! life , cr at least his liberty , depends
upon the result of a trial for this crime , i
would not say a word now that would in-
tluenco the niitborlties ono way or the other
If I could. If the guilty party is caught , I
trust that Jiistloo will bo iloiio ' , t > all con
cerned in this dreadful nffalr. "
the Photograph- ' .
Charlo-i I.o H'\v ' says ho recognUes the pho
tograph of Mlko Silk , and claims that ho
was in Ounha last April and May. I.o Uoy
claims to have worltod with Silk In the
Vienna restaurant In Minneapolis , nlso nt a
chop house in Kansas City. The photograph
, uf Frank I'ago who was in Omilia with bilk
1 las' sprluu h uuo recognised by Lo Hoy.
Xl'll I Till' I'MTlll'T I 11V
\\lLLlilhShlRhlAR\ \ \ \
Rtport in Circulation That Noble Will
Quit the Interior Dopartmant.
SOME REASONS WHICH MIGHT CAUSE IT ,
by the Navy Oepai't-
inenl lot ) scout Intic KtiliHltiuMits
liir the Present -MUoella-
neuu-4 "Matiers.
\VASIIIVOTOV HrniMfTiin lint : ,
fd.'i F it irrnrNTii Srunrr ,
\V \ iuimv , I ) . C. , March IT.
Coiislderablo commotion was created 'ibotil
the Interior department this afternoon by the
circulation of a report that Secretary Noble
had resigned or contemplated resignation.
The rumor could neither be positively dented
or definitely nlllrmed. The report was ac
cepted with more than ordinary cordiality
on account of the belief which has been
growing for some time that Secretary Noble
was not giving himself , the president or the
public thorough satisfaction In the discharge
of his ortlclnl duties. The secretary has bad
a number of tart "rubs" ntralnst men hi
congress during the lint session , and
tbo resignation of Land Commis'Inncr
( .JrolT has eiuplmsbud the reports of his per
sonal Irascibility mid frequent unpleasant
frames of mind which have on several occa
sions gotten him Into harsh Interchanges of
opinion with nubile men. Tlio Now York
World Iho other day related that Secretary
Nohln had had. n number of ipiarrels with
senators , naming Messrs. Plumb of Kunsns ,
Teller of Colorado , 1'uttlgrow of South
Dakota and others a having expressed -
pressed very emphatic personal opinions
of the secretary to him during the
Into .session of congress , It , Is nlso
recalled that Secrctarv Noble threatened
to resign during the recent Indian troubles
because the president overruled him on the
question of having army olllcer.s net as agents
at llvo or six of the principal Indian agencies
in South Dakota. Secretary Xoblo thought
civilians should bo retained. Instead army
ofllcers tt'cie detailed and took the places of
the niients.
The editorial in last Sunday's ' llr.i : on the
resignation of Commissioner firoff has been
read by some ofliclals nnd Is creating asonsa-
tlon. as it directs attention In a channel to
which public thought had not been turned.
There has never been before any discussion
of Secretary Xoblo's treatment of railroad
nr other corporations or land sharks' inter
ests , and it has been presumed that he would
not give them favor , llo 1ms always stood
verj high in regard and his character has
never been questioned.
N \V.\I. KNI.Isr.MI'.NTS l > ! rONTINTii : > .
Orders have been soul to the various re
ceiving ships of the navy to discontinue all
enlist ments for the present. This Is because
the lepnl limit of S45t ) men nnd boys has been
nearly reached. It was discovered last weelc
that the number In the so.rvico was within
forty-two of the limit , and In order to provide
for the continuous sorvieo men ; whom it Is
ahvays desirable to re-enlist , it was deemed
advisable to call a halt before there was no
room left for these men. la order to make
more room it was decided to discharge n
! ! ! iiT'iiearlycx1WaiiV'1 rfiO crew of Iho "Galena'
about lllt.v men , were to have ticca dls-
churned upon the arrival of the ship ntl'm-ia-
mouth , but it is pr baolo that they will bo
retained now until the end of their terms , ns
they have lost their clothing. It is expected
that if there should bo no relief offered bv
lOL'islnllon during tlio next congress It will
bo impossible to properly man tha vessels
that have been ordered by naino to par
ticipate in the craiid naval review
of Ks'.iS ' in connection with the world's '
fair. In other words , the vessels th.it have
been mimed by the oillcial announcements
"
will need more "men than arc now allowed for
the entire navy , without roekonini ; the ships
that are absolutely essential to Keep in for
eign stations. The annual appeals by the
secretary of the navy to congress for relief
from this constantly growing diflieuHy lia\o
been ignored until it has become a dilemma
with which lh navy department Is now faeo
to face. The gravity of the situation may bo
reati/ed when ills stated that It Is now im
possible to glvo the vessels in commission
their full complement of men. The ne.v
cruiser Nuwnrk is about one hundred men
short and there is scarcely a vessel iu the
navy with its full complement of men.
IIIIOITM > Nohi.i : .
Judge ( JroiT was not m his ofllco , hut was
his home nnd said ' ] sent
seen at : my resig
nation to the whlto house uoontn month ago
and I .suppose it wl'l ' t > o accepted In due timo.
I. shall then KO out west , although 1 cannot
siy ; that 1 will uo back to Omaha "
is it true that you resign on account of
trouble with Secretary Noble ! "
"I have had some friction with Mr. Isolde ,
but that is not the reason of my action. In
deed , I do not think that I have had any more
friction than other subordinates have had
wiilin cabinet oftlcer. The truth is that I
have broken down in health and my physi
cian tells mo that I must leave the olllcoif
1 want to live. I have too largo a family to
take any risks , .so I am nown out. That is all
tliero is to the matter. "
Secretary Xoblu was seen at his ullico and
said that olllcially lie was not aware that this
commissioner's reslKimiion was accepted , as
Judge Croff had not notilled him of his ac
tion. "Mr. ( JrolT has not sent mo any ollleial 1
notillcritioii of ids resignation , nnd so far ns 1 I
am concerned , ho is still commissioner , " Mild
the secretary.
"The story published which states that
I held up n number of Mr. droll's
decision' ! Is absolutely false. My relations
with the gentleman have always been pleas
ant , and no friction \\lialover \ has existed be
tween us. "
"Is it not singular and contrary to custom
that Mr. UrofY shonlil not have communicat
ed with you before placing his ri-sinnation in
the hands of tlio president ! " Iho secretary
was nskcJ.
"That Is another question , sir. I have
jiothlng to Bay regarding it , positively noth
ing , " ho answered rather abruptly.
MISI'I \Nrill' " .
Speaker Heed is still \Vashinglon , one
of the very few congressmen who tarry hero.
Mr. Heed has not yet mnde any plans for the
coming summer , 'lie Is very favorably ' 'on-
shlorintf a plan to spend most of the summer
in n trip to Kuropo. Ho hr.s been abroad be
fore , but that was when ho was only a plain
and comv.irativelv unknown member from
Maine. Ho has tlio advnntngo of telnB an
excellent linguist , for ho speaks ( ionium and
I'Yonch iilmo > t as well us I'.nnllsh.
Owlntf to tlio overwhelming pressure of
ofllciat biulness in tno ilepnrtmoi Is , duo to
the departure of the republican eonnress-
iiiiin , Senator Paditock linds hiinsplfunavoid-
able detained \Vn.shington. . llo had ex
pected to bo able to leave for Nebraska this
week , but ho will probably remain hero
tliivo or four werks yet.
Major Kdwnrds , the well known ami fat
editor of l-'invo , S. 1) , Is in the city on his
wuv homo from J ew York , llo thinks ex-
Soiiator (111 ( 1'loivo will become the editor
nnd part owner of the Minneapolis Tribune ,
nit hough ho will retain his residence In North
Dakota , nnd that he may enter the sonatnrml
ftivnii ngnin when it comes to electing a suc
cessor to Senator Casey two yiais hcnco ,
Mrs. II , J. I'rostonnnd daughter of Daven
port , In. , wlio have been spending the winter
at the Arlington , loft last week for Fortress
Monroo.
Attorney Cienornl Miller returns from his
southern trip on Friday.
Secretary Pioetor will cniitinuo on the 1'a-
citle slope and may flop in Omaha on his
way back lion' .
There have boon fluctuations during tlio
day In the condition of the wife of ex-Hcpro-
bouliiUvo Owen of Indiana. At tunes she
1ms appeared n degree stronger or weaker ,
out she Is tonight In the sumo condition hho
was twei'ty ' four Uaurs a o. Sbo Is very ucar
death' * door , but tin r > h.vniclims have some
hope of her recovery.
PKKIIY H. Hr.iTii.
llnron do I'nva ( Jolng Home ,
Wi-siiiNurov , Mixrcti 17.--jSpivlal Telo-
pram to Tin : Hiti.J liaron do l-'avn , the
Italian minuter , will tall for Kurouo In n
fortnight fora visit of sonic length to bis
family. Ourlng his nhsenco the Mnrqiili
Imperial ! ! will bom charge of the attiilrs of
the location.
Approu'O tlu Leave ,
\V\siiixnriiv \ , March IT. An net of the re
cent congress authorises each of such tribes
of Indians ns occupy reservations which they
have bought and paid for to lease certain
portions of the sntno for mining nnd grazing
purposes under certain speclilcd conditions ,
Tlio secretary of llio interior lias approved
the form of Iho lease prepared by the Indian
offlco lo bo used bv tribes entitled to lease
portions of their reservations under tins law ,
Jly tlio terms of the lease tbo riinpes covered
therebv are not U > bo overstocked and
farms , gardens and other Improved holdings
lire not to be damaged or Interfered \\itb \ by
the cattle or ttio employes of the lessees. All
the moneys raised from such lenses are to bo
covered Into Uif \ Vcastiry of the United
States bv the ogein. to bo t'luoafter expended
by the department irnler the existing law for
the bcncllt of the trl.ios on titled to tlio same.
Itepeal Hie Approprlat Ion.
U'A'-iiixtirov , March 17. [ Special Telegram
.
gram to Tin : llci.JThe net iimltlii5 nn
appropriation for llio Indian service ,
.
passed at the last session of congress ,
contained a clause appropriating $ . ' , -
' .Wl ooii for the payment to tlio Choetaw
and ( . 'hlcknsaw Indians for thereimiuish- !
ment of the lutero t alleged to haxe
been held by them In the Chovenno and
Arnpnlioo Indian roservatiou. There \vas
some opposition to it in tbo housoimd , during
thu progress of tlie debate Mr. I'nninin read
a telegram from Secretary Nohlo In which ho
said ho thought tiio claim was not well
founded. In speakhigof the mutter recently
Secretary Noble said he had no power to
control i the appropriation , but that when the
matter i came before the president for settle
ment it would , in the ordinary course of rou
tine , oo referred to him. In that case ho
would , ' > o saM , tvrtuiiily inalto a thorough
Investigation of the matter , and it might
take considerably longer to reach a conclu
sion than the monwboworo after the money
thought absolutely necessary , It is bclli.-vcd
by the opponents of the apnropriat ion that
congress may repeal tbo cliuiso providing-
for it.
tntKt'K. '
One fassi'ii 0' ' ' Ivllli'd ami I lie Con
ductor Fatally I n | u red.
TKHNTOX , Mo. , March 17.-Tho wosthound
passenger train on 1 bn ( Julnt-y , Omaha , t
I'acillc road was wi-eclted near ( Ireen Castle
this afternoon.
Mrs. Sarah K. Caiaphell of Trenton was
killed outright and Conductor Joe Mitchell
of ( putney fatally injured. Ten passengers
were badly hurt , not fatally. Mail Agent II.
It. Wheeler was seriously injured
til\Kt\ Of TIIK VlOI'l.t.
Over Two-llmidro : ! I'assciiKors lie-
lie-ved to Have IVrislicd.
( tiimu.T.ur , March. 17. The British steam
ship Utopia , f nun Italian porta bound to Xew
York with 700 Italian emigrants aboard , col
lided today with the British ironclad Rodney -
ney , anchored in Gibraltar bay , and sank
soon after. A soutLwc.st. gale was blowing
nl tiio time. Alau.f women unit children
were drowned. A l jo number , clliiRliiB to
th" * ? Kl"K' linv ! > . * * I'Vrescuort by boats from
. . . . . . ianuc' ' fi'H5UoiJ * Inlinso excitement
5'ii cntenrig mu 'M > LHU , . . . . ,
colliding will the Hodncy. ran into the
llritlsh ironclad Ansoii. 'Iho ' Utopia sank
within a few minutes. Heats were Immedi
ately lowered from ttio British ironclad and
'
nlso' from Iho Swedish man-of-war. Preys.
Tho-o uoats rescued ISO persons , -who are
now on board various vessels. Many others
who were rescued worn lodged in the govern
ment buildings on hhoro. It is reported that
the crew of the Utopia were saved , but that
over two hundred passengers perished ,
J'IU.\VU X.lJ'OltEtlX ItK.llt.
lie Pauses Awnv nt Koine Aftcxr n
I iitgerim ; Illne s ,
UOMI- . March 17 , 1'rinco Xapoleon Is dead.
Abbo I'ajohl , It is announced , previous to llio
prince's de.ith administered tlio last sacra
ments of the Homan Catholic church.
This afternoon , lifter consulting with
other physician ! ) in attendance , Dr. linceli
Informed Klnir Humbert that the end was
near. Agony soon followed. 1'rineo Victor
shortly before the end entered the room in
which' His father was ilylnp , but was so over
come with emotion that bo loft tbo apart
ment sobbing violently.
The funeral will bo conducted with relig
ious coruuionio * . The body will bo Interred
In tnecrvptol'tho royal mausoleum In the
church of l.asunerjia , on Colllna Heights ,
near Turin.
Abbo I'old said Iho dying man toll ! him ho
did not profess the atheistic sentiments at
tributed to him ; Hint ho was Inclined to
ward Ho-scan's doctrines and would die like
an emperor , adhering to the principles ot the
concordinl and fully imbued with the relig
ious sent linonts of the Honapartes.
I'AIII-S March 17.- Princess llnrinnno
Konnpiirte , grand niece of Napoleon 1 , died
at AJaccio , Corsica.
*
; FiltK J. AKir
. . . Amount to 'I\vo
--i-.i---r-
Million Dollars ,
Nr.n YniiK , March IT. A lira Unit stalled
this ovoiunir In the nine story block at
Hlcocker nnci tirwu streets destroyed it and
three buildings adjacent. The Ilro was Imrd
to get under control. The losses n'girate (
$ . ' ,0(111,1)01) ( ) ) . Hcnjnmin .t Co. , clothing , lose
jsiimii'K ' ) nn building nnd * ! . ' > ( ) , ( KU ) on stock ;
.laniorslongli & Co. , clothlnu , * : i.iU , < i < Ki ; M.
ii. Knsentiteln , ? M,0iOcii ) ( miildlng and stock ;
1C. V. Contiell .t Co. , hatters , . * 7. , i M ) . The
oar building was owned by Dr. Macy and
, vas valued at jl.Vl.tKlH. Sylvester l.ovncher
t Co. , hatters , lose SlfiO.tHK ) . Other tenants
n the rear buildings lese an aggregate of
lrl ) , llOl ) . Pirolntbo store houses of II. I ) .
Chilllin itCo. on Leonard htroet shows 1UO-
uuo damages.
Cilw.irtl St 'in Torn Almost to.Shivds
l > y Tlirc ) Mast ill's.
Ci.r.vii.\M : > , ( ) . , .March -Spoclal ( Tele-
ram to Tun Hii : : | Kuward Stein , who
boards with Ilermau Birlngor at ) Pearl
street , will probably die from tboelTects of
nu attack upon him by three powerful Kng-
llsh mastiffs. The dngs are owned by Wr
inger and are coiitincJ In a back yard which
Is enclosed by n high board fenra. Hteln
went into tlio yard and the ilogs foil upon
him with ono accord. When he was finally
rescued the llesh and muscle's of botb his
anus wrobiitshnpoless and ciulvuring masses
and the llosh at this right bip win olicwod
Into shreds. There were also several deep
gashes on his head and hotly , the total num
ber of distinct wounds being twenty , llo
will bo n cripple for llio if bo lives.
- .
'I UK IIKHKHY C.l.vr ,
tlev. Mr iieary Think * il I'ossilile to
( litaiii a New Trial.
Cisruv , O. , March l . -Specia | I Telegram
to Tin : Ilui : . | - U v. Mcijiuinry was scon this
afternoon and asked to maUo a statement in
regard to the vordiot lound charging him
with heresy. Ho said as yet ho bad received
no ollleial fiotllleatlon of the action of tbo
court and until then tliero was nothing bo
could say , In reply to the iiiiestion of what
action would bu t'iKeii , should thu court fui'
tn ngreoas lolhe degroeof puiilslirient , Kov
Mc ( , > uoary read u e.iuon of thu cburi'h under
which ho said It might Do possible lu otitatr
a uew trial.
d\T \ OVATION TO CLADSTOXE ,
I'utbuslastio London Admirers Ontlicr nt
the Station to See Him Off.
IE MAKES TWO SPEECHES AT HASTINGS ,
.Notorious Ii-Mi Criminal KoliMsod
Allot- Spending Tlilrtj-Mno
Will's In I'riMin All
Old Miirdei1 CIIHC.
I.ovtiov , M.it-oli ir.-HaiUtoiio ( received a
: ieiiioinous ! ovation Imluy. Mo was leaving
: ho Charing I'ross rallroail slut ton for Hast-
ngslion \ mi tinmowo crowd gathered at
; ho doiwt chr-orliiK Itself ho.irso , broke ilown
: he bariler.sand mndo n rush fortlio "grand
. ) M limn. " A nuinboi' of extra cnthwiiistir
admirers fuTiunbleit to the ton of the cars
nnil yelled aiul ehcerod until tlio train startIng -
Ing suddenly llnvtt several upon the trucks
imii platform. Two ini'iinti \ no seriously
Injured that Ihoy luul to boliilton to tlio hos-
lillul. Several others \vero badly cut ami
bruised. Previous to tlio departure of tlio
train the executive eoiwnittou of the mitral
imoflntlon presented mi address tolilnd-
stouo , but Iho turmoil in tlio depot was .so
great Hint Gladstone was uuablo tusav a
word In reply.
lTion liis arrival nt Hastings Ctl.idstono ro-
ii'lvoil another ovation ,
In reply loan address at llnstltinsdlad-
slnno said lie fouiul littloto bl.imo in Lord
Salisbury's foreign policy during nvont
\car.-Omt adiloiltliut ho condemned tlio i nil-
ley of ( loselicn , c'lian cello r of the exchequer ,
in counting llctitlous surpluses nnil conceal
ing the real expenditures from parliament in
order to mnnutacluro a satisfactory budget.
Alluding to Uii' Irish parliamentary I'lirty ' ,
( Hailstone slid i'aniell's .sKOL'h | , In which fit'
said IIP luul upuoM'd tlio claims of labor can
didates In Knginiid in consequence of tin1
obligation ho was under to III" liberal lead
ers , was absDlutely untrue so farashoidlail-
Mono ) \viis \ concerned. I lohiiil always been
ready to support the claims of the labor
candidates. Touching 11 1 MII the painful ilis
closures of the divorce court , ( iliitlstono
said It was not his pined to Judge the
amount of Ids delinquency , but il wilt for tlio
liberals to consider upon what prhu'iplt's
they would be guided In theilisposul of their
votes. The liberals Iinim- that the enusu of
homo rule depends upon them. Tlio liberals ,
added the veteran statesman , had arrived nt
a dolinlto conclusion In regard to I'nnioll
He ( Cdadstono ) wr.s merely tlio reporter ol
the gcnornl conviction that tlio parly was
ngiiinst I'arnell. Tlio liberals \vcre ready to
fnco defeat , exclusion , misfortune , bill tliov
\\oronot prt' ' | > avcd to create a constitutional
leadership for Ireland under such a guidance
ns ParnuU's. [ Clieers. ] In conclusion , ( ! lnd-
slono expressed th ( ! opinion that Itvas thu
duty of tiio liberals lo prosecute this great
mid jiatriutic purpose anil lo obtain justice
for Ireland , knowing- that liy the courageous
application of liberal principles th < ; y would
sectl ro union of tlio classes , domination of tlio
law and the stability of the crown. [ Cheers. )
( thidstonoalso inado an aiUlress in tin1
( laioty theater , llo expressed entire con-
Ildonco in the future of liberalism , llo
pointed out , with regard to the Irish mem
bers , Unit each lud entered parliament sub'
Ject to u pledge that on every qxicbtion affect
ing Ireland the minority shonlil siicrllieo its
own opinions and co-oiiernte with tlio major
ity. Kvery member o't the Irish party from
the leader downward was bounil by this
pledge. It was true that in October , Is , ! , lie
iloaounceil I'urnell in the severest terms ,
whereas -for several years past ho has been
in uctlvo co-operation with mm. llo lad de
nounced him because I'arncll before then , on
uuuts-x" - ! * " . " > "ii njin ) mil iisod Inncunci !
separation of Ireland , nnil rtbo UtellUsi )
I'urnell ' opposed the land act , upon
which the liberals relicil i-s thereat (
Instrumotit for redressing Irish ( -riovances.
\Vlieiihoinorule\vas introiliicodln thuliouso
it was frankly and magnanimously adoptea by
the Iribh party. The plan was based on
these Ideas , first , handing over to Ireland
lull , ollleious control of her local affair ? , and ,
second , inaintalniiitf anciiiially fuil , oMcioib
Impoiial control of those ntl'aira. "If any
frost i plan of homo rule is proposed , ns I trust
it may be , " continued Gladstone , "I hope It
will bo founded on Hind fidelity to tho-.o
liases , neither of which can bo Justillably
separated from the other. I'avnell nvcntly
said : 'It may be tlmo tothlnltof the torv
'
authorities. ' 'They played that ( 'aiiio once
and It did not answer. Tory conscience does
not euro mucti about hoinc rule ; it K not in
torv Intellect. "
"After the divorce rovelatloiis , " said Olad
stone , "the liberals decided that they could
not jiluco the constitutional leadership in
I'arnell's haiuls. That is tinal. They aie
reaily to face defeat , exclusion from power
and political inlsfortuno , but wu will not
create a constitutional leadership for Ireland
under such guidance. No consideration will
maUeiis nssuntto that. "
In conclusion ( lladslonosnld the election In
Hartlc)0ol ] ) showed that the liberals were
never more solid , self- possessed or deter
mined to prosecute tlio m.ircli . as a uiiitw :
house townnl the attainment of the great ub <
Ject.
A fli'iI'orly Vears ,
r r-NDON'\laivli 17. iSpeotiil tlublegranito
Tin : ! : : . ] The release from prison is just
announced of the notorious Irish criminal ,
Patrick BooUo Kirxvan , who was convicted
of the murder of his young \vlfo Maiiu
Tlicresa Klrwan on thu island of Ireland's
IJyo In September , b. > - . Tlio mnfiler vas
oiie of the most senautional In the annalsof
Irisheriine. l\"ir\van , an artist , resided with
his wife in Dublin , but was also a const ant
visitor to a woman at Siialleld , Smith/mount / ,
iinuicd Theresa Kenny , nnil lthouili
ho Intiu'iio had been Koinjf on for
six year.i neither woman Itnow of the
others' existence until a few months before
the commission of the crime. One evening
In Seiitembor of that veur , however , cries
were beard coming from tlie isianii 01
Ireland's i\-o. : Two boatmen proio ded to
the island from Howlh and found Mrs. Kir-
wan's ' bodv * in a plnoo known as the l-.ung
Hole , lyingou the rock- , attired only in n
bathing dress and with numerous wounds
upon her body from which tbo blood flowed
freely. There were Indications pf a struggle ,
but the husband it ho was the murderer
managed to net hack to Dublin
Without detection , llo was arresto.l
for the crime and "was defended
by the lulu Isaac Unit , Iho original pallia-
iiientarv champion of the homo rule move
'
ment. 'Tho defense was that Kirwan had
not loon near thu place , that his wife whllo
bathing must have been soi/.cd with an epi
leptic tit , and that her screams and the blood
were tbo result of her struggles , Ho was ,
however , found guilty and sentenced to
iieath , but tills sentence was afterwards com
muted toponal servitude forhfe Kirw.m
has been Incarcerated for thiity-nino years ,
and Is now released -withered , decrepit old
man of nearly seventy to spend his tew ro-
iiiulninginunllis in freedom.
I'a Mir ini ; 1'rotoelloii.
I'lius March -Special [ Cablegram to
Tin : Hii.J : : Anropos of the present tnnilT
agitation , M. Demellnar , editor of the Jour
nal JVonomistcrs , and a well known ad
vocate of free trade principles , snul today :
"Tl'ero ' is n complete reaction in IVmico In
favor of protection. In botli chambers the
renctlonlsts have a very stron ? manrity. | It
is tiuo that nl least two members ol the pres
ent minUlrv , M. HiiuvieiMiiliiister of tiiiiinco.
and . \1. S'ues < ! uyot. minister of piiblto
works , nru pronounceit lice traders , but they
can do nolhliitf for the cause- . The stop that
parliament Is about to tnlio will injure 1-Ymco
enormously. Our manufacturers see 110 further
'
ther thant'liotiid ofihelrnoscs. Protection Is
n suicidal policy nnd yd the protectionist
splritbns id ways existed in 1'Vaiiee. "
M. Courcollc-SoiiuU , ini'inbcr of the Insti
tute , said : "I inn persualed that the larllf
which Isnowbeini ; prcparoil Is not destined
to roiiiiiin In foivo foru verv long period.
UlLi,1 example of the United tiWaa mils rccout
hvliliitlnii hiu hadroatliilluenc ( ! < ' la l nineo.
Hut If AiniM-li'ii sb.nild now veer iiround In
the dl rod Ion nf f.vi tniilo nifntn Its action
\\ould prolahl > li'teriniiie a similar ino\o-
iiicnt lit France.
M I 'mi I liu , lleaulleu , editor of the
Kcoaoinists Vmit , \ , nd professor at tlinvl-
lc'e of l-'rani'o ' "
( , "I I'clleviMlmt hi a
year or two tlio lei 'u 'ifo will booldl > ; i'd to
modify tlio tanlT l\ \ \v \ piepanni ' , . This
Kivil : protoctioni.st 'on ' will c.iusi' ' us
niiirh iron bio nt in and abroad.
Nfry tow of \ \ cablnot ininls-
ters nw really pry \ilsts nt heart.
Mnny denutliM shnro yplulon of tin-so
niliilstei's In iln'lf tnini\ V.but Ilieircnn-
Htlliionts fnnv thvni n < io for prut octlon ,
\vlilchistlio reiison why the loulslntiin' In
oinpoHiHl so entirely of lilKh tarilV men. I'ti-
lo.ss I nm nnllo misliiken in my pruvlsion the
new tarllT will not be a very liutinuomV
M. Noel I'arfait.a veleran n-HulilU-aiumd
piMteiMiniilst deputy , made tlio slatemont
that pni it was elic.iier | In rruiifOHlinvtlio
IMohtblllon uf Aini-rlcnn porn , lie ailded :
" .Nnturnlly , ivodonol wish to cli.iiiKOlhl a
state of things , "
_
.T/i/.v , . .Tx.ir.1 v.s ss'ir.
An Alllilii\ll That | ' | \ < M tin1 Moral
< > lllllll | ) III till * ( IIKC.
I.IINIIIIV , .March 17. | .N'e\v Vnrk Herald
( . 'ablo Kpei-ial to TIIK llii.l : The suit of
Mrs. John \V. Macliiiy npilnst the
I\Iessenier will bo heard In Paris lainorrn\v.
Mrs. Atai'kii.vls advised by M , Dovlllu < if N'o.
r.sRuo Kt. 1-a/uro that an nfllitnvlt will be
read in court which will liltelv Irniisfor the
moral oblliiiy | to Leopold ( Jrahanie. 'I'oilay
lieforu Messrs. . ) . Venn , VSonsnotai'les , public
of Paper Head nlley , ( . 'ornhill , .1. Clifford
MllliiKC , signed an nllldavlt to tlio elToi't that
the article on whicli the suit is based was
printed surreptitiously In tiie ( laligiumi Mos-
scii'er ( by C J rahaino's orders after a con foivnco
with Humphreys , who is liimjn o's solicitor.
( ii'ahaino's notion In not pornilltlnt ! the arti
cle to KO thfoiiKh its usual course was so un
usual that Mllla o , wliois literary editor of
tlio piiper , ( xNistuhtetl | with him tlio next
day. Cirnlniino ropltod Hint It wsu a Dal/.ol
Idler , ana upon Millapi exprcssliu ; his In-
civjullty lie stated : "Well , J know nil about
it , nnd 1 inetin to o for tlio M.ulcays. . 1 shall
Kct more out of it by oinjr for tho.Maeitays
than bygolngfor llunvngos. "
| ( ' ; < M' uf" .Mr.4. K ii tllii jjcr.
( Piijii/nsy'i' / I' " " ' | / . / ' " ' ( ( . /f-iui-rM
IONIKIV , March I" . [ N'ow Vork llcrnltt
Cable Special to Tin : HII : : . ) Mrs. Uut-
tliifjer has left her homo in Shorld.in road
very suddenly , anil her relatives profess not
to know whither she lias youo. The house
where she has been living is the property of
C. \Vriu'hta ftrothor of tlio Hlli'Ked inur-
derer of IJuttln ov , who Is well known in
commercial circles hero.
William \VriKhtlnis not practiced the li'isl- '
ucss of diamond cutter for a IOIIK tiino in
Kiiglaiul , nor did his friends know lio'.v ho
hail been occupied In ( ' rinaiiv for tlio p.nt
few years. The murdered man dealt in lace
and valuable fancy floods , and the object of
his visit to America was supposed to bo in
the ordinary con rso of business. Utittlnuer
married Miss Wright some iilno years a 'o in
T.nmloii imniediatcly before liis ill-fatod
I'liiHTal if \ViinltIinrHr. .
BKUM.V , JMarch 1" . | Special ( ablefjrain to
I'm : 13 in. : J A solemn requiem mass for the
repose of thosoul of tholato \Vludthorst ,
ttio loader oMho tintholie partylr.Hertiany ,
was celebrated today at St. Hedwlg In this
city. rctibUhopICopppreochod the funorul
which wcrn'ntloii'Ieir By ifffl.VW111 ! the
the tclchsta . At the coiirliiiion of tlio
rciiuiom mass the casket eoiitainln the re
mains of \Vmdthorst , escorted by the
funeral rortesP , were tiiisen to the railnnul
station and from there were transferred to
Hanover.
_
Sli ikeHpeai-e Memorial 'I ntHtori.
LONIIOV , March -Special [ Cablegram
to Tin : HIT. | A tiill has passed parlia
ment vesting ttio corporation of Stratlortl-
011A von as trustees of SlmUesiioaro's birthplace -
place and other memorial plu-es with power
Ki'iitnlatus .
the bill whlrli , it says , Is a timely precaution
ami will prevent the removal of those proper
ties to America. . _ _ _ _
Sloi\V' ' > r an Uprising Denied.
LOMIO.V , March -Lieutenant Cienoral
Howdcgnto , commander of the fort-fs in Her-
mudu , writes tlio Times emphatically deny-
lilt ? tlio stories of the alleged military upris
ing two months ufct by the Loicliesterdiiro
regiment. I'lm attorney Rcnoral of Her-
mudaaiid proinineiit clti/ions also denounce
the story asn baseless lie. The Times in ex
planation says the dispiteh in ( piestion was
furnished by the Dunl-ip-IJal/ol iujcncy.
jiii.uit J.v .1 . 'lA'oir.su in : .
ZMoro Men Ijiise Tlicir Mvim
Xeir ' ptiMl | Untie.
Cui : rr.i > Hi-rrr. Colo. , March ir. [ Spei-ial
Telfgruin loTin:13r.i : : . | Ann1 her snowhlido
horror was ropirlod this morning. 'J'bis
tiino it is at the I la rota uiino on Treasury
inoviiitain. Charli's Doviiie , J. C. Mc narrio
and .losoph.\lcCulloiii } ! ! , tlioentiw foivo on
the niino were killed , and their bo lies are
covered bv Iho snow. S. ( ' Robinson , who
is liaviiif ? Hio prop01'1 ! ' worked , wont up
there voMcrday from hero and found the liv
ing cabin locked up and in c"oil shnpn but
the men were ( ; one , and the supposition Is
Hint they had started lo enni" down. It is a
case very similar to tlio Straf d 'o mini ) ills-
aster It li not known when they were
Idlledorvhoro to look for their bodies , and
Ills not nt all unlikely that taeir boities will
stay under the snow until the bare ground of
this summer reveals them.
Silvci'ion 1 1 ni ; Out ,
Pnsvrit , Colo. , March IT. SihortonColo. ,
hasbceii completely isolated from ttio world
for bcvoral weelis by snow baults rantr'uig
roinlen to forty feotileop. Communication
vas had with the camp today , when It was
earned that an avaliinelu' last week buried
\vo \ men. Three were rescued nnil thu at hers
lorishod.
_
cr Kord Appealing to the ( lov-
rrniir For a 1 tcprleve.
Orriw,111s. , March IT.-Special [ Tele-
; rainto 'I'm : lln : . ] Kurd's nltoi-neys are
making n hard light f . > r a reprieve from
( Jovernor I'lfec , Attorney Hovs , the Junior
counsel , was in Springlleld ye-itordav , and
was assisted by a letter from .ludgo Stoppcl ,
wbo wrote the govei'iior that ho could not
grant a sfiv of execution as t ho term uf court
at which that motion would havoboeapropor
Imd passed. Ilo intimated , however , ttint hn
would have a ranted a stay had such a motion
been properly undo , ( iovernor 1'iforroruic-d
to take action until ho had soon Stalo's At
torney Hliko , who left for Sprlngttelit today.
iUK n'A'.i'///// .
I'ur Dniii/M n ml i'J f/t"il ( iimi > ,
fnllM-nl lyfitir ; c ! ilcr.
l-'nr Airtt ( ki--Kilr ; ii'iivucr HV
iiiW ( ; I'lirliiWu'dufx ' ,
I'urini'ii /'iifr / ' IIViOiMJ'iu nfj//il ;
/ 'or Suut/i Dil > i't\\tr H'lil
iT liyTltutt'l ' ni wor/iliij / ; nit us h. : < nwm
i Ari-hal.
At N'ow Yorlt ; Tlio sliMiuur ICider , from
Urcuuu ,
HlCAJIEL\M\ririlTIIEST/VTB ! \ \ ,
Qonoral Oowlit Argtioa Tlmt AilmltllnfJ
Nebraska Gave Hojd Oitizcuship.
HIS POINF tNLARGED ON IN A URIET *
ie le\\ri I lie Illslorv of tlio
l 1111(1 IH | ( III /'IIS [
Whitl lie llohlH Cumlorii'
Itii ; .N'miirull/iu Ion.
Mvrot.v , Nob. , Maivn 17.-Sp [ vial lo Tun
Hrr. | In the supreme court Ihin nn'rnii' ( <
Cionernl ,1 C. Cowniof Omiiluioffei'ivl furtlu'i !
conslileiMllonson t tin question of citi/fuslni )
involved in Dcluilf of ( iovernoi Bov.l . in thi3
Thayer-Iluyd quo warr'iulo eusi1. Invn-w et
tlicanswer Illwl In the MSH , thoattorih'.s hcUl
tlnil It was liiiMiitroviM'ttblo that Mr. Ili'Ul
was n fitl/i'n of the I'littod ' States two jwu-i
befori1 lho last general clecllini undi'illm
alleged coiuplelo imtiifali/atloniif hl-i f.ulica'
In hll , nnd thai on that Kroundtlio ilemurrei ;
.should boiiverruloil.
llo then asked the court to consider tha
irciiinstancos under which lioheld Mr llujd
lecaino natuiMll/od and aciti/iinof the I'mtcil
itales by virtue of congressional aeli aduutr *
tine N'obraskn Into the union. Thisr. > unsi > l
leld wasn iniesiloii of Iho proa to.I inipnr >
ance , as It had been as-tuniod tiy connI f L
lOvernoi'Thayer that the only inotlmd f nu-
[ Uirm dluonshli ) by an alien was hy nalur-
ill/aliim , niiiler the net of coiiuri'ss IIIM. ulniff
or Individual nnt urall/.ation , and tha1 uat ir-
iili/.ation was ronthird to the procedure pro
Idcil by that ni'L of con roii. Iledi > linoi
latnralt/.itlon to bo thO'Ji'eatiiif ; ofitiea >
ship , lie then quotes section 1 oftliccn *
act , aiithori/liiK tKo Inhabit ants then
\vlthla \ certain houmlai-ii's ' of tha
errltor.vof Nebraska to form fur tlienitclvo
i constitution and a state governineiit. lid
ilso iuotes ] a p.irt of section A of 111" - < ania
let , declaring It to 1m the ilut ) of thu pnsi-
lentto Issuohls pruclaiiinliiin ileclarmi ; No
brnsltii inlimtli'd.lo the union on an eiiial |
with tlio nnniiitd states with nit any
fnilher ni'llon whatever on the pan Kfcoiii
ress. Under the provisions of this act , d
nstitutlon was foniied fora state t'overu-
ment. one of the provisions of whu h was
llnt ; thocuaslltjt inn was fonni'd and lh.it
Is'ehraslta aslicd to ho admitted to thr union
on an "i > iiial | footing with the oliKinal stated
> u th < : coiulillon anil faith nf the tmns aiul
propositions slntril ami siincilli1. ! in an aitoC
congress approved April HI , lull , * '
the people of the slate of Nebraska ncceptliif *
tliocomlitlons in said act speellk'd. "
On I'Vhriiary 1' . ' , b'ir ' , ciiii reis pasxed I'KJ
n't ailiiilllinu' N'elirn < ka into the union , ne
i'plinjr , Ciitilyiia ; and eonllrmint , ' thi1 I'Oii tli
t utioa and Ine state covcrnment , tin1 admis *
ion beim , ' "upon an equal fontii > K wit h tha
original states in all respects what sncver "
lie stales that after fuither examlnal ion oi
t lie < | iH'Mion iinderdlsciissiiin , siuri' his nrpu <
mrnt in court , he is prepaid ! to in furliiet
than bo did in that iir iiincnt , and nsierte > l
that the formation of a stnto pivernini nt by
a people makes the inhabitants thet fliini f
the fornnition of the overnuiunt is coin-
] > leled liy admission to the iininn , ipso faeta
eili/cns of llial union and of Iho slnte.niiU
that the citi/.tMis of Nebraska would have become -
como eiti/eus of the United States on the ad
mission ot the state into tin ; unluii iftho
words "upon auoiual footing with the ori
iuiil statw * iu all respects watsoever" were
omitted from the enabling act ; unit that citi
zenship was a right kihcreat In the inhabi
tant upon the formation of the government.
, , ( { _ . . i.l _ . t , , , r'.lnl It , ! > , <
lie then condenses the history of the aa
mission of states to the union and the origin
and the original purpose of the phraseology
All the territory of tlio United States at
the treaty of ponce with ICnul.ind. belonged ,
'
noholds.'to the particular states , and tha
supreme court of the United Stales has so
hold. Alan early period of thu war of tha
re\olutimi , the uuobtiiin whether the vacant
hinds \\hioli l.iy wit Inn the boundary's ot
i aitleular stall's helomiol to then i'\clu-
sivi'ly or became the joint propi-ru of all the
states , was a mnmentoiis ivusvhielioon -
vuNoil the confi'doracy and threu'em-d its ex-
ihtencd. Oil September l > , li > l ( , ri > nh'nssi
passed u resolution stroiiKlV invm r tha
stall's to oedo those hunts to the I 'nitU
States both for the sake of peace nnd vinmu
iimoun them-elves and to maintain Iue pub
lic credit ; and on October lo , ir - Uuiinresa
pledL'ed Itself that if tlio lands were coded lit
recoinmended by the resolution , tU'v.houKl
lie disposed of for the common benefit of the
United States and tlio Inhabitants tberiol
shoulil bei'onio In due timu by stale admis
sion ineinlnMi.i of the federal union to ha\a
thosanw rmhts of sovereignty and freedom
and independence as other states.
These diniciiltics became inueli more serl-
on- , after peace and when thu boundaries ol
the United States were established , eactl
state felt the neci'ssity of iiroteclini't ho in-
te rity ol all Its territory so uiui wueu i
should be admittud into the union the wi. > lo
would stand on an on mil fojling with tUO
other states.
Virfiini'i ' in 17 I voluntarily ceded to ti-a
United States the jjivat tract of i-omn ry
lyiii ' norlliwcst of the Ohio river within the
'
n'rlmowli'iined limits of the st.iti > . Otlic-t'
Ktattss followed in inilUlii * ; IIUo eeisii'iis , in
ovi'rv ono of these grants of ! , "ii
icat euro was tnUun lo provide i n' ttiij
protection of the territorj so ceded and its
IntiirLinhalit.ints and their llnal udiM--si. ito i\ \
to tlie union with all the rights. pn\ileu. .
ami immunities of Hie original stati- > . \ \ .tli
resjiei'l to this point Chief Juslltv Tai ' , . it )
the rase i > f Dred Scott a aiiint Sanftrl , ix )
United Stales , pan'0tai , says :
"Tini1"1 was , as we li.ivo said , no p.vi . rn
ment ot the I'nited State > then In e\i-U . . '
with special enumerated nnd limited putters ,
The territory belonged 'o hovereiunt ! . \ \ u > ,
snliject to the limitations ubovo mei.iinu.-1 ,
had u iiuht to establish any form of UIIM-HI.
meat they pliiaseil , by cotnpiu-l i-r trr 4'y
amout ! tuein > ulvos and lo regulate tinriir . '
of person and rights of property in tne turrl
lory as they iniuht deem propur. "
It was the purposoof the states to siv.ire . * 0
the territory coded and the h.li.i . .t.u.ti .
llieroof , in future all the rltjlits of pivporty
and person that their own inlinbltnnts nd , at
that time or thereafter intent po- -s.- of
enjoy , ThereupDii twelve of the stat.'i
adopted articles of confederation mm f uor <
nllv linown n the ordinance o' li--i ' 1 In )
orilinance was ineorporaieu iiuo un uu- k
the const itiitioii.
At tor the adoption by nine slati < > f tha
constitution of the United States , there wi-ra
two constitutions in force. The oiMm I'n-i' "I
177 was established for Hie Kovornni'-iit (
the territory , soceitivl by the stiiti'.s , ud out
of which the new stules were to bilurn . d ,
nial the other for thejovorimicnt ; nt ml tui |
territurios nnd all tbo Ma'esuld .ind uinv
which iniKht bo included In the union at tt at
tiino or afterwards.
lie then nuotod from the ordlniimv.if . ts7 ;
lo show ttio great concern that all tln'-t i *
had with leipcct to the territory tlnj i > s
ceded Jarisdiclion of as also that thiavti > * e $
of the compact should "t'ofi'Vt-r rcnuiii uu <
alterable , unless by coliunon coi ont
\Vith regard to the eiti/enship ol' li > > li.nii
wtio had resided in a tcrrltorry w..ihai .
admitted to the union , he tliouirlit it vis
hardly worth serious consuloratin-i ! ' ! m
ho time of the adoption of the or.l'na''o > t
II T tlio Indian lm < t Oeon coverneit m hnvj
applicable to lihnself , nnd n < % vor ti.i > l be a
roeoxiii/od ns a citi/.en by any of the I'l- ' . nuil
states.
( rants had to no construed ace HMIH'a
law , tmd the circumstances uxluiiin. ' wu > 'ii
tlu-y were made. This law app'.el ' 'a
Krauts of rights of persons as we . ' ; vol
( ranis of rlgtits of property.
The llrst act uf congroisfoi' the ad Miss.cfl .
of astatofrom tuts toriltory , r . ' .l to ;
oonialnod Iho ox.iet liuiKiiano of H"1 "nil-
nance of IT T , iinniely that the Mate wuiuU
mitieil "uiioii nn e < | iial fool In tf with I'n- ' TU'
inn ) slates In all I'i'vpci'ts Vth itsiievei ' Th
eonU'iition of tl'.e other sidu was tint lu lUt