to. THHI O MA FT A IJAlIjV KW. | : SUNDAY. IHAV 17. 185)1 ) TWTCNTV
THE NEW ORLEANS QUESTION ,
Consideration of the Constitutional Liinita-
tioiis Regarding It.
MUST THF. FEDERAL CCURTS INTERFERE ?
Ought It ( < ) Ho I ) ) ' Information , lc-
innnil ol'CJovt'rnop NlulmlH OP of
tlio Ioulnlniut Lcgls-
luliiro.
ILTho following essay was road before The
Club , In Uio Llnmtigcr art gnllory of this
city on lust Monuay bight by Mr. Charles 8.
Elgtlttcr :
On Satimlny , March H , the country was
startled by tlio Intelligence Hint nn armed
mob numbering Rovernl thousand American
citizens , of the city nf Now Orleans , hail
broken Into the parish prison and thuro taken
nummary vengenwi upon eleven persons of
Italian extraction conllnud within It * walls
and under the Immediate protection of the
municipal authorities. The Justification for
this spontaneous uprising mid unlawful procedure -
coduro was the allowed miscarriage of Justice.
A Jury , after n long nnd searching trial bail
broughl in a verdlet , acquitting thcso men
Indicted for p-irtiripnting in the murder of
Chief of Police Hentie.sey of thafclty on October -
tober 15 , Is'JU.
Nine of tlio men killed by the Now Orleans
mob wnru American rltl/ons by birth or
adoption. Two of thorn were aliens , the
subject * of Italy. It is concerning the latter
that international complications between too
governments of tha United States and Italy
have arisen. The demands of the king of
Italy as formulated by Marquis dl lludlni
are : First. "For the right to dnnmnd nnd
obtain punlshmont of thu New Orleans mur
derers ; ' second , for the righl to demand In-
domnily and reparation to the families for
tha falai injuries Inlllcted nn subjects of
Italy in violation of the existing treaty be
tween thn Inch contnicting parties and the
comity of nations.
To thcso requisitions , the United States ,
through the secretary of state , has replied in
otlect : First. Denying the righl of Italy to
demand arbitrary punishment of the murder
ers oxcupl through the regular channels of
law ; second , denying that alien residents of
this country nro entitled to greater protection
than Is accorded to elll/eiis ; third , "that
where an Injury Inflicted on : foreign resi
dent la not the net o' the government or Its
ofllcoin , but of an Individual or mot ) , no claim
for indemnity can Justly bo made unless it bo
made to appear tnat the public authorities
charged with the peace of the community
have connived at the unlawful act or hove
been guilty of such gross negligence as to
amount to connivance.1'
The machinery of the local government at
New Orleans was put in motion to examine
Into the massacre , while the de
partment of Initial of the federal
court Instituted a private Inquiry
through the United States district
attorney. After a delay of nearly two
monihs'lho Brand Jury of the parish of New
Orleans , called by the Judge of the criminal
district court to investigate the tragedy of
March 14 , has made Its return. The report
falls to find a tmo bill against any person In
volved In the crime but concludes as follows :
Woliiivo iTfrrral to tlm larso number of
citizens participating In thlt demonstration ,
istlimited by food Jniltrus at from MX to eight
thousand , and levaidud as a spontaneous up
rising of th" people , Tim magnitude of tins
alfalr makes II a cllllk'iilt tiusk to ll.x guilt
upon any iiiinihnr of thu imittcipunts. In fact ,
the aetsiMMiiril to Involve the entlrtt people of
tlio parNli.-ind thu city of. New Orleans , HO
profuse In tlnilr Hyinpathy. c > Icnduil tlinlr
coniioction with the allalr. In view of thcso
consldorationi , the thorough exaiiilnatlon of
thu subject has tailed to ( ! lseo-e ! tlio neces
sary faels to Justify tills grand Jury In pre
senting IndlclimmU.
So much may bo said to bo the facts in the
case up to the present tune. Hut , before en
tering into further discussion , It may bo well
at the very outset to eliminate all matters Ir
relevant to the Inquiry. It Is Immaterial to
the qucsUo'fi whether or not the two subjects
of Italy murdered In the parish Jail of New
Orleans were inoinoers of the Malla ; whether
or not they wore escaped Italian convicts ;
whether or not the courts , the Juries and the
administration of Justice In Now Orleans
wore corrupt ; whether or not the people of
that city , enraged by the result of the trial ,
appealed , to the fury of a street mob for ven-
penneo. These are , In truth , pallhiting In
cidents , but nevertheless collateral to the Is
sue. It Is pertinent to the Inquiry , however ,
that Italian subjects have the right to reside
and claim protection In Louisiana under the
treaty of commerce and navigation concluded
between the United Stales and Italy In 1871.
It Is pertinent , also , to the Inquiry
that , In the eye of the law , the two Italian
subjects murdered by mqp violence were
given a fair and impartial trial before the reg
ularly constituted tribunals and before a Jury
of tholr peers in conformity with strict law
and usage. It Is pertinent also to the Inquiry
that , after a long nnd searching prosecution ,
conducted by the great city of Now Orleans ,
whore the talents and energies , the wealth
and prestige at the command of a rich ana
powerful municipality were concentrated In
an effort to convict and punish those two
aliens of a dastardly murder , they
were acquitted of the crime in
on atmosphcio prejudicial to their
cause. It is pertinent to the inquiry
that , in violation of law , sanctity for courts
and inviolable custom , a mob of citi
zens denominated reputable and law-abiding
broke Into tlm prison where thcso mon , after
tholr acquittal were conllned nnd , with In-
ULIUI111I tltLUV < lLy , ulnjMIWIIVU LUU UU I UII UUIU S
wretches. It is pertinent to the innulry that
the local authorities , charged with the peace
of the community and Iho protection of the
prisoners , had timely notice of the danger
anil were guilty of such gross negligence in
Inking necessary precautions as 10 amount lo
connivance.
With Htich reservations , we may now pro
ceed to state : First , the nature of the in
quiry ; second , lo examine into the relative
rights of the parties arising out of tlio Inter
national agreements of the federal govern
ment with foreign nations , and of thu domes
tic relations of the goverumcnl with the sov
ereign states.
Has the Italian government Just grounds to
domnud of the United States rop.iratlon for
the wrongs doue at Now Orleans by insisting
on the punishment of Iho murderers nnd nu
Indemnity fur the killing of two of her sub-
Jecta ? Can thl.s right bo demanded by Italy
under the existing trealyl These nro the
questions before us.
Now , what nro the treaty powers of the
United StntesI The
treaty-making power of
this country is defined in the constitution. It
is vested in the executive
who , with the con-
soul of the semite , provided two-thirds of
the senators present concur , may make
treaties. When so ratified treaties become
the supreme law of the land , meanIng -
Ing thereby the law supreme over that
made by the states. As n consequence
of such treaties new rel.itluns are formed and
obligations contracted with friendly powers.
II is furthermore
expressly provided in llio
constitution that no state shall enter into any
treaty , alliance or confederation , or enter
Into any agreement or ramiiaet with another
state or with a foreign power. The trealy-
making power is , therefore , absolutely vested
in Iho federal authority , and trentlo/so made
nro supreme law of thu land binding oil the
sovereign states ,
The treaty mutually agreed upon between
the kingdom of Holy ami llio United States
signed and sealed under the mosl solemn cov
enants , provides , among other things under
the most favored nation clause , that "tho
citizens of each of thu high contracting
par
ties shall receive In the states and territories
of Iho other the mosl constant protection and
security for their persons and property , and
shall enjoy in this respect the same rights
and privileges as are or snail ho granted to
tbo nallves on their submitting themselves to
the conditions imposed un tlio natives. "
Lei us examine this binding contract in
detail. What does the treaty guarantee to
the subjects of Italy residing In the United
Stntost "Tho most constant protection and
security foe their persons and property und
the enjoyment , In this respect , the same
rights uud privileges as are granted to the
natives. "
Who guarantees the protection and secur
ity for Ihelr'imrsons and property , tlm indi
vidual static I No. Thobtatouf Louisiana !
No.-The parish and city of Now Orleans i
No. Who then ? Thn United Slates of
America , the federal government , the presi
dent nnd the senate of the American people.
But > KtiuruiiU'O to afford protection aud se
curity in tbu status mid territories to the
subjects of countries with which the Unltei :
States has entered Into treaty obligations
would bo an empty formula , 11 moai.lnglcss
stipulation , If the federal government hiul
not thu power to enfgrco lla obligations miulo
.n pursuance of treatlo. Hai the government -
mont boon Invested with such powers ! Is
tbo power of thn Judiciary co-extensive with
those o ( the legislative department ! The con
stitution clearly sots forth the 'extent of the
Judicial power. The federal Judiciary 'ex
tends to all rnses In law nra oqttltv arising
under the constitution , the laws and treaties
of the union ; to all cases affecting ambassa
dors , public ministers and consuls ; to con
troversies to which the United States shall
oe a parly ; to controversies between n state
when plaintiff and citl/en.s or another state ,
or foreign citizens or subjects ; between n
state or citizens thereof and foreign states ,
and between cltl/.ons and foreigners. "
It follows that the Judicial department of
the national government h.w both original
and appellate Jurisdiction on que tlons aris
ing asto ; the Interpretation of the constitution
of a Judicial nature. It has especial care of
questions arising as to tha interpretation of
treaties , ami to controversies concerting the
protection and security of the persons nnd
property of subjects of foreign nations under
such treaties.
These matters have wisely been confided
by thu constitution to the federal courts , uuo
to tb Intimate relations which such cases
have with the peace of the union , the con
fusion that different proceedings In the
separate states would tend to produce and
the responsibilities which the United States
are under to foreign nations for the conduct
of the states and the people. Wo have u
rlfht to deduce from the foregoing that the
relation of the federal government with sub
jects ot foreign nations residing In this coun
try Is In a measure peculiar. Such aliens
are the wards , If the term may bo applied , of
the nation. They are under the tcgls of the
federal ) government.VhlIo they are
amenable to ' .ho laws of the state In
which they may take up their abode ,
they am nevertheless protected and secured
in tholr person and property by vlrtuo ot
treaty obligations by the federal government
which is in duty bound to interpose its sov
ereign power when their jiersons or their In-
U-ri" > ts are Imperilled. This being true , two
roneltislons follow. The ilrst is that foreign
subjects are entUK'd , like citizens of a state ,
to the same protection of the laws of that
stato. The second Is that foreign subjects ,
unitlie citizens of a state , have n superior
protection in the federal Judiciary when Jus
tice Is denied them In the states.
Hut the duty of the federal government
toward aliens does not end hero. If the pro
tection of the federal courts bo Insufllelcnt to
guarantee them stipulated rights and
liberties , the power of the federal
authority Is not. exhausted. When
either by the subversion or coercion of
Justice the federal Judiciary in the exorcise
of its vested nnd Implied prerogatives is im
paired by one or more of the sovereign states ,
the executive powers of the national govern
ment must bo exercised to maintain law and
order and quell misrule and anarchy in other
words , to institute war measures.
U'o may now proceed to the next stage of
our Inquiry by examining the validity of the
demands of Ilnlv and Iho replies of Secretary
Blalne.
Immediately after the tragedy of March 14
telegrams were dispatched to tlio Italian
minister at Washington by Marquis dl Hu-
dim to the following effect : "Our requests to
the federal government are very simple.
Some Italian subjects , acquitted by Ameri
can magistrates , have been murdered In
prison whllo under thu immediate protection
of the authorities. Our right , therefore , to
demand ami obtain the punishment of Iho
murderers and nn indemnity for tlio victims
is unquestionable. "
Secretary Blalnu's replies to those demands
were in substance , that tliu punishment of
the murderers must bo left to the local tribu
nals In the Ilrst Instance. If thu local tribu
nals do not net as thuy ought to nut nnd ns
the local laws require them to act , "it will
then bo llio duty of the Uniled Slaics lo de
termine whether some other form of
redress a may bo asked. " That
our treaty with Italy affords no
greater protection lo the citizens of that na
tion domiciled hero than is given to the citi
zens of the United States , and that
"whoro the Injury inflicted upon a for
eign resident is nut the net of the
government or Its ofllccrs , but of an individ
ual or mob , It Is believed that no claim for in-
dumnily can justly bo made , unless 11 shall
be made lo appear Ihat Hie public uulhonties
changed with the peace of tbo community
have connived at the unlawful act or , having
timely notice of the threatening danger , have
been guilty of such gross , negligence la talc
ing necessary precaution as to amount lo
connivance. "
II wns unfortunate for the Italian govern
ment that. In Iho heat of cxcitemont it per
mitted n doubtful construction to bo placed
upon Its ilrst drafl , an advantage which See-
rotary lilaino ivns not slow in prolltiujr by.
If Italy's icqulsilion bo construed inlo n de
mand for the immediate "punishment of the
murderers , " the calm mid respectful answer
of the seoreiary of slate was to the point ,
that the punishment of criminals can bo secured -
cured by no other means lhaii by trial
before legal tribunals. It is plain , how
ever , by the subsequent communications of
Italy that the words ' -
wordspunishment of the
guilty" signified a request "that the prosecu
tion through Iho regular channels be begun ,
In order Ihat the individuals recognized ns
guilty should not escape punishment. " This
aspect of the demand Secretary Blnlno has
recognized. Where the local tribunals show
mi earnestness hi the prosecution of Iho
murderers , them Is , in his opinion , no
ground for federal interference. It is when
the local authorities "no not net as they
ought to act and as the local law requires
them to act" that the United States is justl-
lied In stopping In to protect thu injured and
punish the wrongdoers.
Bui this is only half Iho Irulb. II Is n
serious dofecl Ihat the federal government
fails lo assume the responsibility to set on
foot , in its own courts , prosecution for
njurics to foreigner. ! ! , nucn nro its con-
itltutloniil rights to indict malefactors ab
nltio before a federal grand jury through
it federal district attorney , to try , convictand
punish them under federal authority. The
supreme court has intimated that proceed-
'ngs of this character were proper. Yet It
may be necessary for congress to legislate
directly upon this point before the federal Ju
diciary will assume the responsibility of a
class of eases of which there is no immediate
irccedcnt.
Numerous decisions of secretaries of state
.is well us the federal ] udiclary--ono of
which , the Spanish attack In New Orleans ,
Mr. lilaino quotes have given him ground
for resist Ing the demand of Italy tor indem
nity. The Injuries complained of , says Mr.
Hlalne , wore not the act of the government
or Its officer * , but of an Individual or a mob ,
nnd the treaty of the United States does not
require this government to give greater
protection to the subjects of Italy
domiciled hero than is given to a
natlvn citizen. Whore the reparation of
of injuries or the satisfaction by Indemnity
of wrongs indicted by individuals upon indi
viduals In violation of the law of the land besought
sought , thev must bo pursued In the proper
tribunals open for all men for the reparation
of such laws.
This statement. If unmodified must bo ac
cepted with considerable allowance. Wo
have clearly Indicated that forulirn subjects ,
unltuo citizens of a state , have aside from
the local protection it superior claim on the
national government arising out of treaty ob
ligations. This claim , despite thu broad as
sertion made by Mr. Blnino and others has
been tacitly admitted and concurred in by
numerous precedents. Mr. Hlaino docs not
shrink from this responsibility for ho modi
fies his statement ami subsequently replies to
the Marquis dl Kudlni , "tho United States
has distinctly recognl/cd the principle of in-
delimit ) to those Italian subjects who may
have been wronged by a violation of the rights
secured by the treaty of Fobruarv L'li , IhTI. "
Curiously enough , however , this uvownl of
Indemnity Is conceded not its a right which
fotviirn governments may demand , but as u
favor ex gratia on the part of the United
States , ily n process of dlplomatlu gymnas-
tica the government lias , on more than one
occasion , distinctly denied all legal liability
for Indemnity under International law or
treaty to make good looses so cuuaed. Dut
for. all that , compensation for the loss of
property destroyed or Injuries to persons
lias been liberally given by congress , in a
benevolent spirit , if you will , in cases arising
under treaty obligations. This anomalous
principal was followed In the case that gave
rise to the Chinese demand In 18S ( ! for the
llocfc Springs , Wya , massacre , and it is
more than probablu that congress , In this In
stance as well , will make ample reparation to
Italy on the recommendation of the president.
So much , In substance , comprises thu ofll-
< : ! al correspondence made public to date be-
twcen the two governments relative to the
Now Orleans tragedy. Italy n > sts her ca.se
IIIMII the demands already formulated nnd
Instructs her representative at Washington
to attend to nothing but the current business
of his olHcu. There U an Intimation that Mr.
lilaino has not acted in good faith and that
the United States government Is indif
ferent to Its treaty obligations. "H is time
to break off this bootless "
controversy
, uy
the MarquU di Kudlm. which evidently
moans that Italy will make no further de
mand * nnd leaves the matter for .solution to
the federal authorities and to public opinion
for final Judgment of Its merits. Italy feels
that she has been trifled with nnd that the
government , either through weakness of Its
constitutional powers or lack of justice on
the part of its authorities , is grossly at fault.
In thl.s diplomatic duello between the Mar
quis dl Huiilni and Secretary Dlalnu It must
ho conceded thai the advantage has altogether
been on the side of the American. Sec
retary Blnluo'.s ' replies to the marqul.s have
been couched In such terms as to virtually
admit the claims of Italy , ns wo have shown
without siicriflelng the dignity of the country
or olTcnillng the people of Louisiana.
There yet remains to apply the principles
Involved In this International controversy
and to follow them to their legitimate con
clusions. True to its policy of non-inter
ference with local tnhunaU ( a mistaken one )
the federal authorities have refrained from
any acts which a sovereign state like Louis
iana , jealous of lit liberties , might construe
as an usurpation of power or a coercion of Its
vested rights. The curt reply of Governor
Nichols to the polite note of Secretary Ulalno
callln ? his attention to the necessity of a
prompt Inquiry as to the responsibility of the
massacre , evinces the sensitiveness of that
people still smarting with disgrace. H Is
true the federal district attorney has been
Instructed to Investigate and report the case
to Washington. But , ho has raised no hand
In directing or Influencing the local authori
ties. Left to the people of Now Orleans , the
investigation ot the tragedy has been un
satisfactory , nnd the report of the grand Jury
of the parish of New Orleans has failed to fix
the responsibility of the crime. No person or
persons were Indicted , although tlio tacts and
clrctimstatvcos wore so notorious as to have
made the finding of n Into bill against the
ringleaders of the mob a simple question.
In legal phraseology , the verdict was an ar
gumentative plea , n confession nnd avoidance
of the Usuo which failed to exonerate the
guilty from standing trial and answering for
the crime of murder. The adngo that two
wrongs do not make n right Is well illustrated
by the return of the Now Orleans grand
jury. It demonstrates that a conimunltv may
t ccomo so blunted in feeling , so perverse to
Justice , so wanton In Immorality , so derelict to
sworn duty and the forms of law as to Justify
anarchy and defend cowardly butchery.
Such dellancoot law and such disregard of
sacred obligations cannot bo passed over In
silence by the federal authorities.
The time has como when the courts of
Louisiana "do not act ns they ought to act
and as the local law requires them to act , "
and where It appears "that the public au
thorities , charged with the peace of the com
munity , have connived at the unlawful act , "
the federal powers cannot delay much longer
In RxerclsJng tholr prerogative to fix the
guilt and make reparation to the Italian gov
ernment lu conformity with treaty obliga
tions.
In what way shall the federal courts assume -
sumo jurisdiction of'lie case ) Will it bo by
Information filed by the federal district at
torney ! Will it bo on demand of Governor
Nichols ! Or will It be on demand of the
legislature ) Wo are of the opinion that
Louisiana , in her desperate straits will resent -
sent , as an usurpation of power , any interfer
ence of the United States. Whatever action
the federal courts may take must bo under
color of the constitution , and every effort will
bo resisted by the people of Louisiana as un
warranted and unlawful. lint , granted that
the treaty-making power of the government
gives it undisputed Jurisdiction in this in
stance , another difllculty stares the judiciary
in the face. The federal courts will bo
obliged to employ precisely the same methods
ns the state. Indictments must first be
found by the grand Jury. The case will have
to be tried by the potty jury. As all criminal
ofTenscs triable in federal courts are under
the constitution dctomined only "by nn Im
partial Jury of the state nnd district wJiereln
the crlmo shall havo- been committed , "
these fedt'ral juries will bo drawn from the
same neighborhood nnd material us the state
grand jury. Will such u jury bring in a bill !
Will such a Jury convict ? And after that ,
what can the federal authorities do proclaim
martial law }
This is not a pleasing prospect to content
plate. It involves either n surrender of the
power and dignity of the national govern
ment nt homo and abroad or nn adoption of
such vigorous measures ns the emergency of
the case demands , and congress may direct
oven to the extent of proclaiming martial
law. Will It bo necessary to proceed to this
last resorfi In what ether light can a wilful
and persistent Infraction of the laws of the
nation and a dcflanco of treaty obligations bo
viewed than of open violation and rebellion !
The government , in its infancy , treated as
sedition an infraction of its internal nnd
revenue laws bv a great stato. Will it bo less
lenient to Louisiana !
It is not our purpose to speculate on what
may take place. Our province has been
merely to indicate the legitimate conclusions
of constitutional rights and limitations. Of
llttlo matter it is whether the two Italian
wretches who forfeited their miscrablo lives
are avenged or not. But principles of witio-
reaching importance nro in tin balance ,
principles involving the dignity and supre
macy of the government , the fair play of the
American people , the humanity of the cen
tury , that the machinery of the law bo ex
hausted , that the strong arm of the national
government bo broken before justice bows
her head In disgrace over the Now Orleans
question.
Complaint ol'ii Iloiinct.
I once was a Sunday bonnet ,
And shaded n lovely face.
But now for some reason or other
I find I'm in disgrace.
My fair yoang mistress treats mo
With unrelenting scorn ;
Excepting in bad.woathcr
bho never puts mo on.
She took away my bandbox
To shelter her now hat ;
She says I am not stylish ,
What can aim mean by that !
She MIJS my rim's too flaring ,
And that my crown's too small ,
And yet , upon mv honor ,
I haven't changed at all.
I am the very bonnet
That she admired so ,
Ami purchased with such pleasure
But ono short year ago.
So why I've ce.isod to please her
Is moro than I can tell ,
For of ono tiling I tun certain ,
That I became her well.
And as for grace and beauty ,
Why , auyono can see
The hat that she Is wearing
Does not compare to mo.
How tlio Design Wax Selected.
The flag of thu union , so dear to the civil
war veterans who , vent through four years
of bloody strife for its preservation , was se
lected in the revolutionary days when the na
tion's exlstenco was a grave question. The
duty of choosing a design for the Hag was
committed bv congress to Messrs. Franklin ,
Harrison and Lynch , who found the task
one of considerable difficulty. A largo num
ber of designs were tendered for considera
tion. One proposed that tlio constellation
Lyrla , the burn in the hands of
Apolk' , bo Introduced as nn em
blem of harmony ; another suggested
n rattlesnake with thirteen rattles ;
another , n mailed hand crii'ipipg thirteen ar
rows ; while still others suggested animals ,
crosses , suns , moons , and several other do-
vlcoj. The conclusion reached by the com
mittee was than any kind of animal was in
appropriate , thatercsms were too suggest Ivo
of Roman Catholicism , and suns and moons
of Mohammedanism. The Hap of thirteen
stripes and thirteen stars was llr.U displayed
at Cambridge , Mass , , on January U , 17TU.
Legislative action on the adoption of a ling
was no doubt taken before this date , but
there Is no record of the adoption of a design
until Juno 1 1 , 1777.
_
DeWltt's Llttlo Early Ilisers ; bou llttlo
pills for dyspepsia , sour stomach bad breath.
and Deadly.
Dtnrtr Siiii.
The Charleston ( S. C. ) World seems a good
deal dl.sturl > cd by the exclamatory Interroga
tory recently made by n paper of that state :
"What does H man care for the democratic
party ) " This would Indicate that the coin
mon feeling In thu south was that everything
In political sentiment except democracy was ,
auinchow , dangerous and deadly.
Dr. Hirnor euros cntnrrn. Bee bltl'p
AN
/'JHIC/I. / /
Ho never won immortal fame
Nor conquered earthly UK
k Vut men weep for him , nil the same ,
lie nluii b t'utd his bills.
SAND BA&I PIRATES' ' HOJtlE ,
Ilow it is Gradually Balng Rcclaimo'J from
nnd Crime.
THE BOTTOMS F THE PAST AND PRESENT
The I'coplc'lo \ : Inhabit Them , the
Cr.iiius Thtfy Conceal null tlio
IniliiNtrlcH Which 'Ihoy
Are Attracting ; .
"Tho bottoms" of Omaha ls that strip of
land lying along the river and extending
from the waterworlt on the north to the old
Hoyd packing house on thn south.
In early days this strip was known as "Tho
Sands. " It was then the abiding place of
thieves and social outcasts. It was the scene
of all kinds of shnmo mid crimes. In some
mysterious manner the name of "ThoSands"
was dropped and tor It was substituted the
characterisation which the place now boars ,
Although within fifteen minutes' walk ot the
lieart of the city , "Tho Bottoms" nro n terra
Incognita to Ihousamls of iho inhabitants of
the town. They nro scarcely ever visited
oven by day ami no man would seriously
contemplate paying them a visit by night un
less under the most pressing necessity. This
licsltnncy Is not duo to the fact that Iho un
dertaking would bo attended with bodily In
jury. It Is rather to be atlrlbutod to the
belief Hint danger lurks in the unlllumlncd
alleys and lanes and if it should bo experi
enced , the unfortunate would bo too far from
civil authority lo srok protection. It Is uot
loug , however , since the bottoms were the
nbode of tlio most vicious elements in the
city. Whllo some of the same class slill
Imunl the forbidding precincts , a change hns
como over the place which will ultimately
result in llio driving out forever of those who
seek these unfrequented parts for iho pur
poses of crime.
Ono of iho earliest features of this peculiar
stretch of territory is the old Boyd packing
houso. It is on the river bank nnd partly
under llio shelter of the immense hills which
climb westwnrd from Iho B. & M. track. In
oilier days , It was a plnco of great activity.
Within It , hundreds ol men found employ
ment and within il also , on ono day as many
as 2,500 hogs yielding unwillingly Ibo lives
they had comfortably led on Nebraska farms.
The structure is now owned by Mr.
Joseph Her of Kansas City. The cut-
winds from the north nnvo gouged
the mortnr from between thousands of the
brick. The doors on the upper story hang on
broken hinges nnd Iho willows are sightless.
Kvory eye has been broken in its frame
sockol by mischievous youlbs , and the place
Is a sad memento of Us former life and use
fulness. One of the buildings connected
with It hns for years boon used by Iho Page
soap manufacturer. Another has been con
trolled by a gas company , which has made
but little use of it for the past few years.
Beside it lies the unused and empty receiver
nnd from It runs a line of pipe for about
a mile through which , some day , the com
pany expects to run Us gas to both hent and
Illuminate the cityr
East of these buildings and extending
northward for hal ( a dozen blocks is an ag
gregation of humble" homos. Those are built
of pine. Some of them nro llttlo moro than
sheds of rough , , uiipalnted and misfllllng
boards wilh outranges so low ns to render it
impossible for a man of ordinary height lo
enter wllhout stooping. Some ore baltened
and some are clnpboardcd , but iho work in
almost every instance bears evidence of hav
ing been done by-lftft unskilled owners them
selves. This is especially nolieeablo In Iho
roofing. Some of Ihcso abodes have tar paper
covering.olhors ballorcd shingles , olhers Un ,
picked up piecemeal and nailed with any
thing but order and skill. There nro a few
of those houses' Which look as if they had
been built by capable artisans , and one of
them musl have an owncr with nrtisile tnsto
because his singlo-stwryj slructuro has been
graced by a mansard. Thcso nro the homos ,
in the main of poor-people who find work in
the neighborhood and whoso inrllnallon docs
not prompt ihcm to'seek abodes in more ele
vating quarters. Kach of these owners seems
to claim moro or loss of the ground adjacent
to his home. As a consequence , every house
is surrounded with n fence buill generally of
lalh or poles. These lois are of
all shapes nnd sizes and must
have groaily laxcd the skill of Iho surveyor
who staked them out. In such surroundings ,
ono expects to find nt least the usual comple
ment of canines. Whether the whiners nnd
barkers had unduly exercised themselves the
night before or not is unknown , but Tnu
Bun's representative traversed the district
without receiving notification from some
mangv cur or mastiff that ho was treading on
forbidden ground.
West of this little settlement , nnd beyond
the track , stands the dcserUd lard refinery.
Its doors are locked , its windows sealed with
boards. It looks , indeed , n veteran , liavlne
been scathed ono fine summer night when it
was operated by Jr.mes E. Boyd. Later N.
K. Fairbanks took hold of it and his name
still clings to the stnicluro.
Next comes an nrray of dark , rusty Ice
house } and n couple of switches on which
stand , ami have stood for months , super
fluous cars of several roads , mainly thn B.
&M.
&M.Further
Further to the north is the Willow Springs
distillery , its massive rooster swallowing
clouds of smoke from Its belching smoke-
lug cattle. 'I'ho wind Is from the south nnd
west and the traveler is treated to oilors ot
the liquid food which is three times daily
measured out to them.
East of thcso sheds and in the shallow of
the great Union Pacific bridge ono ran almost
distinguish the bole oa ttio river bank lu
which , six years aRO , an engineer aud ilro-
tnan lost their lives. It was the nlfht of the
proat Omnlia parade in Council Bluffs in
honor of .lames O. Ulalno. The same night
00 feet distant , the Willow Springs distil
1c lery 1 burned almost to the ground. A switch-
emrino 1i jumped the track near the bridge and
crushed thu two poor fellows to death. He-
turning I from the parade thousands of the
processionists ! left the tralu , descended to
the scene and witnessed the mon die In unspeakable
spoakablo njrouy.
Haifa dozen tramps Ho on the prasny knoll
near i the Union I'ndilo bridge. They are
dangerous looking customers and are passed
by I without molestation.
Near the foot of Loavciiworth street there
is ns wrotcUed n collection of structures ns
the eye could possibly meet. Few of ttiom
nro more than eight and many of them are
less thiin six feet lu height , They are ram
bling , rusty and rotten and some are loaded
with six and eight dove cotes made out of
cracker boxes. It was ou this spot that , a
few yours ago , the Wittlugs , the Uavlsos , the
Klstons omt the Jtoadys resided. They were
all tough case * , women us well in men. Some
of them have emigrated , some of them nro in
the penitentiary , .some are dying and some
nra dead. One Witting was charged with
the murder of a nnm whoso body , It was
sworn to , ho threw Into the river. A fre
quenter of tlio dangerous territory
proved missing. 'An investigation was
made nnd , two weeks later , the
body was huulen out of the river at Plaits-
mouth. A postmortem examination was
held , but thu body hud1 become HO liudly de
composed that It wax impossible to deter
mine whether or''not the victim huct
bcou shot ns charged ! The Witlings were
driven out of tha city > by .ludea Boncko , Lut
afterwards returned. 'They nro now vege
tating on the other sUlo of tbo river , but fre
quently cross and , abnnt oa frequently , got
themselves into the linmls of the police.
Further to the north is another settlement.
It i-ompr'ses ' the ianlu general style of habt-
tatinns. Through itf runs a lake of stadium
water. This lake is several hundred feet in
length. Ou Its shores are humble homos ,
out-houses and barns , Mimuro piles mid
vaults drain Into It and its edge is outlined
with refiiHo of all kiuds. Ducks paddln and
quack in iilory upon its surface and bibulous
cows go down to the rim to quench their
thirst in its slimy waters !
On thu bank or the river a very healthy
leoldng man H fishing. Ho is attended by two
boys. Ho ult.aetio.-i his line to a stone behind
him , then swings U arouud aud overhU head
to give It momentum and then projects It out
over tha river in which u heavy weight drags
It to the bottom. The fisherman says It U
not n poou day and may bo believed , because
ho pulls hl.1 Hues In n dozen times without u
catch. Knch lime the line comes straddled
with manure and drift from the dump tit
Jones street. One could not fancy eating
fish caught tu the vicinity of such u deposi.
torv of tilth. The angler , however , Bays the
irniiio sells well mid ho could sell moro
if he could catch them. Uo points
across the river tu it collection of cabin * .
Those , ho says , nro occupied by Ihhcrmcii ,
They fish at night nnd sleep all day. They
sell their fish In town. Their fishing groumU ,
however , nro mere removed from the dump
than thosn on this side , but sometime * they
are visited with the reeking carcasses of the
dead animals which 11 ml their way Into the
stream at the dump. From this point live of
Ihcso animals , slowly disintegrating In thu
sun and water may be seen stranded on thu
sands.
The electric light works and the half ilo/en
factories west of It are sending volumes of
smoke Into the air anil the ureczo l.s forcing
It down into one's face and eyes. In this at
mosphere i of carbon , lives Superintendent
Albrcchtof the Jones street cuimp. He has
lived i in It for six years. Ho U the father of
the dump. Necessliy was its mother.
When i the first load of refuse was deposited
ho i had to make a roadway with a pitchfork.
He i now dominates n bunk forty feet hich
nnd sI \ nearly thrco blocks long , into Its build
sI ing I has gone everything , from a paper collar
to unreckoned tons of superannuated
IIc asphalt. Into It have gone , In
one day , TlH ) loads of rubbish , Thl.s
hn.s 1 made a bank as solid us the Chinese wall.
No rlsu of Iho Missouri will over scale its
heights. ' No rush ot the tawny tide will over
wear it away. When the dump shall have
been extended to another bend n blocK fur
ther nortd , the Industries in the neighbor
hood need not fear the rolling down of old
Missouri. The ground abutting on this
dump Is private property. Kvery load of
refuse dumped on it extends the property
Hue of a certain Imlividuuland ttius increases
his possessions. Thus fur the dump , at no
expense to this gentleman , has given him
right to several valuable acres ,
North ot the dump Is the dog pound. But
Its doors are closed. Behind the Iron bars ,
as in n jail for human malefactors , there are
un canines awaiting redemption or death by
drowning. Trny. Blanche and Sweetheart
us well ns 1'urp , Bull ami Toodles roam the
streets with the ancient honor of freedom of
of the city distinguishable In their eye. And
Count 1'ulaskl Is not abroad.
Then succeeds a mini her of wrc U-hed hovels ,
Inhabited by some wretched looking mortals ,
Ono of the latter Is seen rummaging among
the refuse on the dump and when she arises
from her abject attitude , lo and behold , she
wears a largo American flag ns an apron.
Thn flm * lit. nm tltnn must , hnvo IMHMI rich and
beautiful
On the river bank further along stands a
small iron pipe sunk Into the rock. In it Is n
light uolo eight feet high and from thu top of
this . flutters the remnants of a flag which the
frost ! and elements have forgotten. In front
of this Is a telegraph pole cut down a foot
above thu ground. ThU post Is a relic. It
supported the telegraph wire which con
nected the cast and the won until the first
Union Pacific bridge was built. The flag is
placed so that the relic may bo easily located.
Then comes n series of lumber yards and
the big mill of Cody ft Oray , and at length ,
Douglas street is reached.
Beyond , the great Omnlm & Grant smelt
ing works line the bank , and brawny men
covered with pcrspcratlon are wheeling pots
of slag and dumping them Into the river.
Heavy mules with a two-wheeled dray mid
an attachment to which five of these pots
may bo hitched are also hauling this metallic
hrc'w and humans are dumping it into the
river. It is hot work , but the slag is hotter.
When it cools , however , it adds to n wall
against which a forty-pound gun might be
trained with Impunity.
Beyond the smelter is the Davenport street
dump. Superintendent Brady has managed
i"i " for six years. Ho has , so to speak , handled
I'tUO loads of refuse in a single day. And stilt
he is nut tired.
Next cimos the waterworks. Hero there
is lltlle excitement. Even the engines make
llttlo noiso. Two of them nro pumping
! iO,000UOO gallons of water every day into the
city pipes , whllo another rests ou its oars , so
to speak.
And hero the Journey ends. No part of the
city has witnessed a greater evolution than
have "tho bottoms. " They nro gradually
Peing reclaimed , nnd inside of n decade will
Pe given over almost entirely lo Iho heavy
industries which for Ihe lost few years have
been trending h < Hint direction.
IN GOUNCUj IlLUKFS.
What the Artists nro Uolnj ; tii Our
SiHtcr ity.
Art in Council Bluffs has never met with
any great amount of encouragement from
those citizens who are able to , and should
take the lead in fostering it , but in spite of
the general neglect there Is a great deal of
very creditable worlc being done there , much
of wnich is known nothing about except
among a few Intimate friends of the artists.
For two years past Ihere have boon attempts
made by the devotees of art to have exhibi
tions in the spring of the year , at which the
beat work of Iho local painlers should bo
placed before Iho public , in order that people
might know what was being done In this
line and thai Iho beginners ana those farther
advanced might bo given to understand that
Iho puPlie had an interest in their efforts.
Two trials have convinced those who were
instrutncnt.il In working up the exhibits ,
that they coulu not bo made to pay until
Bluffites met wilh a change of heart , and the
result is that there will bo no exhibit this
year. The faull lies partly with the owners
of buildings suitable for Iho holding of the
oxhibils , and partly with those who should
have patronized them.
The owners of Iho buildings , it l.s claimed ,
refused lo rent tr.om except at nn exorbitant
price , whllo after the building had been se
cured and iho exhioit was opened , they were
iittnnilml I ' vorv monger audiences , and oven
llioso who came had to bo lureu Ihero by
moans of u musical programme.
Bui in spite of oVer.vthiiig the artists are
going on putting their own nnd other pee
ple's ideas on canvas , amateurs are fast de
veloping into souii-professloimls , and the
leadiers are having their bauds full with
heir pupils.
No ono , probably , has done moro to awaken
Interest in art in thai city limn Mrs. .1 , A.
Oorhum. She was the loading teacher of
painting there for several years , and when
she gave up the business some months nco
she had a class of llfly-slx pupils , most of
whom owed to her their enliro knowledge of
art. Mrs. Uorlmm now has only a few pri
vate pupils , ar.it she devotes what time she
can get lo painting. She has some beautiful
specimens of her handiwork which have
been executed within the lust few mouths.
Among them are two oil paintings of land
scapes In Now Jersey. The scene represents
a clump of birch trees on the shore of a littlu
rivulet , and the blending of the white bark
of Iho birches , Iho green of Iho moss nnd
grass on the shore of Iho stream , ami iho
crystal clearness of the stream Itself is ex
quisite. Mrs. Oorham has had several hand
some offers for those paintings , but she has
decided to keep them herself. Another flue
piece , though a small one , Is that onlillod
"The Lone Hunter , " & scene taken from na
ture during a trip through llio mountains of
Idaho two years ago this summer. She now
has hi view n larger painting than she has
over yet attempted a scene on the banks of
the creek near llio deaf nnd dumb institute.
The picture will bo about 4x7 feet whoa com-
' '
Mrs ! C. I' . Hallsback is another who is
doing conscientious work in teaching the art
of palntiug. Her studio is located at her
homo at ( ill Bluff street. Her homo is plcn-
llfullv decorated with articles from her own
*
brush , and It is evident that her taste rims
mostly in the direction of birds. Kvou tlio
paper ou the wall Is covered with the feathered
ored benutlcfi , nnd in many of them she bus
shown remarkable skill. Mrs. Kallabuck has
been doing considerable work of late In the
line of pastel painting. A flue portrait of lit-
tie Oracle Corbally Is among her fntosi ac
complishments. She has a class of twelve
pupils , nil of whom are very much Interested
In their work. Most of them nm engaged in
drawing from still life , which Mra. Kntlsbnck
thinks lies at the foundation of all work in
art , Instead of along toward the end , as is
taught bv aomo teacher * .
Misses' ICato Myers , Anm Walker and
Mildred Pace are at work materializing the
song of "Bau-nau-o-o-os" from life. Mrs.
Haiolton Is copying a unique piece from one
of PrniiB's studios ; a basket of tipples tipped
over , beside which lies u pile of npo corn lu
the husk , and a cider jug stands in the back
ground. Lutlo 1'ryor Is working In crayon ,
and Is showing great talent for one of his
oco. Miss tJotr is cultivating early roses
with her brush.
. . . , . , , ,
MM. P G. Mikesoll and Mrs. Matlhai also
do considerable teaching , and their pupils
ore doing excellent work. In audition tc
ihoso Mrs , Pills , nn artist of much skill am :
experience , has located across the rVvor nm.
opened n studio. Shu has been spendirif
several years pnit In teaching art , and wll
no doubt meet with success there , us she has
elsewhere.
Among the finest pieces that have been ox
ecutcd during the past winter nod spring Is
PAGES.
* " 1409 DOUGLAS STREET.
CHICAGO STIOUI *
NtWYOnf ll ' . H4 > rU enT
MINNIOOUt'ivf tf& * ' > $ INOINMU X5XSn mil remove to KarbacNs New , Stores , ijt/i .SVw/ ,
" " ' " * * " " l" w
tf.vSeptember. .
You
Will
Save
Money
If you have your garments made by a Tailoring establish
ment that do not give credit.
Nicoll iio not and we arc perhaps the only prominent ex
ception among- many tailors , and all the world knows we are
the most successful tailoring- establishment in America.
Our prices are not saddled with the weight of bad debts
'as arc most tailors. )
We give the full measure of value for your money such'
value as only Nicoll can offer.
It's good paying customers we have , and we sec to it that
tncy nave no aeacioeats to pay lor.
There are many reasons why you should buy of us , and
our goods and prices arc best present example.
Have you seen them ? over ten thousand strong.
Trousers to order , $5 to $15.
Suits , Overcoats to order , $20 to $60.
We have plenty of imitators. No equals that we know of.
NICOLL THE TAILOR ,
1409 Douglas Street , Omaha ,
Next September , Karbach Stores , i5th Street.
AKR , .
Mnnncjor.
. _ _
Corner Eleventh and Farnam Streets , Omaha.
WEEK OF MAY 18TH. N
CLARENCE DALE , the boy with the
His head isIH inches around , about twice
as bitf as the ordinary man's head , yet ho is
a boy ( jut G years old.
THE I3HAIN OP A MAN and the body of
n boy. Ho is bright , intolliyont and a tal
ented musician.
A MKDICAL MYSTKKY. Ho will gladly
converse with all his visitors.
DESPERATE CHANCES , a remedy
drama , as presented by the Kit/fforald-Loivis
C'nmudy Co. Full of iovo , romance , mystery
and tragedy. Miss ICIla Lewis is a well
known yountr actress with dramatic abihtjy
and her support is ( rood.
Prof. 15. Abt the
, picture collector , will exhibit -
hibit his wonderful collection of pictures
tratbored from all parts of the old world , to
gether with his Famous Dissolving Views ,
which are full of study and t..ought.
A company of special artists will present n
lively entertainment.
Now Faces , Now Music , New Wonders. A
Thoroughly Cosmopolitan Kiitortuiiiinont.
WONDERS NEVER CEASE AT
THE. DIME1 RDE1N
ono by Mrs. August Bcroshoim , consisting of
a child's face , wrought in sepia on a panel of
wood. It is regarded by competent Judges ns
a model of its kind.
Mrs. Ira F. Hondricks is executing a paint
ing in oil n copy from Uosa Bonhour's
"Horse Fair. " Mrs. D. W. Bushnell has Just
completed n very pretty bouquet of chrysan
themums. Mrs. Shliin Is making n copy
from a painting which took the prUo at the
Paris Salon. The llllo of Iho painting is
' ( lathering Potatoes. " Mrs. M. A. Mooru
has finished n scene in Scotland. Miss
Blanche Arkwright has been devoting her at
tention almost entirely of Into lo
crayon work. Mrs. .1. T. Anderson
1ms completed a painting entitled , ' -Trio
Temperance Society. " It does not consist of
n sot of long-haired mon passing resolutions ,
as might bo supposed , but it is simply three
horses drinking oul of a watering trough , nnd
is very well executed. Mr. Landurdoner
shows great skill In mixing colors , and is at
work upon several choice pieces of art. Mrs.
MncBrldu Is the painter of n beautiful sketch
entitled "Twilight. " it Is
n water-color , and
represents an ancient ruin , with the sofl
light of tlio deepening Iwltlglil making 11 just
visible. Mrs. Gatoj has been executing a
number of sketches in water-colors and oil ,
ami has had rcmarkablv good success In
painting animals nnd Howors.
Miss Gone DoHnvcn has done a great deal
of creditable work , some of which has
proved profitable ns well as pleasant. Tlio
"Catllo Scene , " which was one of the feat
ures of the arl exhibit last year , was sold re
cently to a gentleman In Crystal , Col. , for
§ iO. 'Sho is a rapid painter , and ! > constantly
at work on rnoru or less elaborate pieces.
Miss Lou iollnvon has also done some good
work , but of late she has paid more attention
to music mid Inw lot painting go by default.
Among others who are ihowing marked
talent , nro Mrs. J. F. Brodbeck , Mrs. Cham-
btirlaln. Mrs. Walters , Mrs. L. F. Crafts ,
Miss Linkoy , Misses Myra Crane , Neie
Parsons , Molllo Uico , Sndona I. Clark , bteltn
Muxon , Nelllo ( Jreon , Bert-nice Kemp , Mrs.
G C Brown , Mrs. H. Shepherd , MM. H.
C. Hubbard , Mrs. DoKmery , Mrs. J. M Bar-
stow and Mrs. (5. H. Champ. Missus Alma
Pfoitferand LI'la Crittonden have only been
at work n short time , but Ihoy have alro.idy
given evidence of a great deal of undeveloped
skill , and will no doubt in time Pocome true
urlisls. Mrs. II. J. Chambers has been con
fining her attention of lute principally lo
crayon work.
There Is a great deal of regret felt that the
Idea of making thu art exhibit a permanent
thing lu that city , nas been dropped. AI the
time of the holding of the exhibit lust year ,
Ihero was Udk of repeating the experiment
tuls year , and in fuel every year , but those
who have always laken iho lend In such
inings have announced tholr Intention nol to
try It again , ami as n result there have been
no preparations made.
A rancher nnincid Llndsloy killed n big
black bear on his ranch near Dead wood the
other day. Ho shot bruin fourteen times no-
fora a vital spot was reached. Tuo aulmul
weighed COO pounds.
Abnormal DarknosH.
On tlio morning of January 7 , ISfll , a
gang of laborers on a railway track near
Voadikafkass , Russian CaucasiiH , were
obliged to disuonllnuo tholr work lio-
causu the gloom of the murky /ornnoon
incroaHod to something like total dark-
now * , writes Dr. Felix ( J. Oswald in llol-
ford's Magaxino. Fearing an earth
quake or a oloiidbur.st , they hurried lo
their camp and did not venture to lone ;
tlio shelter of lliolr cabins bi'foro tno
next morning , though on iho afternoon
of tlio abnormal day tlio lowering i-londn
had begun to clour away. Tlio phenom
enon seems to have boon observed at
several other points of the railway line ,
and recalls tlio analagona case ot'
May II ) , 1780 , when tlio light of
the noonday sun , throughout southern
Now England , wius oolipsou to such a
clogroo that onlv the faint outlines of
I ' trooa and buildings could bo distill-
guislied at distance of - . Ii
a fifty nai-on. > -i
several villages of western AldH.iiic'hu-
sutts the darkiiost * wan ho nearly complete -
ploto that birds wont to roo.it , and Hc-oros
of men prayed and groaned in namoloM
terror , thinking an oarthfjuiiUo near at
hand , if not the day of judgment. Some
contemporary writora describe the episode -
sodo as a "llfty hours' night" ( from the
availing of Muy 18 to the morning of the
tiOth ) ; and among Iho many fanciful ex
planations tlio most plausible fioeins that
which ahcrlbos tlio oulipso to a drift of
volcanic noli clouds. An even moro pro
tracted darkness which alarmed thu
southern West Indies in the Hummer of
18112 was traced to a uinder shower from
the volcano of St. Vincont.
DUIIH'H Kilitorlai Ituln.
Mr. Charles A. Dana finishes his day's
work earlier than most Now York editors ,
because the editorial system of the Sun Is
different from that of other newspapers.
Most of the metropolitan dailies endeavor to
give editorial expression nnd opinion on the
news ns it comes Into the ofllco. But Air. _ _ _ .
Dana's plan is to give the now. * limn to di
gest , as It were , and to comment upon It thn
next day. All the editorial * are revised by
him in proof , ami If he has a few moments to
wail while an article Is being put into typo
ho wheels around in his chair ami taken down
a volume in somu foreign language U > ludy.
Mr. Dann leaver for Kuropo next week on u
vacation of several months.
Tlio May number of "The Kindergarten" .
Is as oitriictlvo ns over , The frontispiece , 'VN
entitled 'Gretchen and Her Ducklings , " U n
very prnttr picture nnd will doubtless bo
much admired by the Juvcnllo patrons of this
paper. Published by Allc j B , Htockhura &
Co. ' . ,77 Madison tlruet , Chicago.