FHE OMAHA | DAILY BEE TWENTY-imtST YEA ! ? . OMAHA , TUESDAY MORNINGI'JA'NUAKY 12 , 1892. NUMBER 209. ' DEMOCRATS AND RECIPROCITY Breckinridge of Kentucky Declares Section 3 of the MoKinloy Law Unconstitutional. "HE FAVORS A MORE LIBERAL PROVISION , Sir. Mmpioti Wuiit * the Axrlcultiir.il De partment JmcHtlKittPil Mr. Tpllcr'M III- .MelnMIe Itertolutlmi Ycslnnliijr' * Work In thu Hrimtoitnil In tlio lloime. .v. D. C. , Jan. 11. The republi can principle of reciprocity , ns embraced In the McKinley net and practiced by the present administration , Is assailed for the llrnt lima by the democrats this session In a y rosolutlor. which Koprosontatlvo Brcekln- \\Jf \ \ ridge of Kentucky asked unanimous consent to oiler In the house todny. This resolution , which Is the .subject of L'roa * , discussion tonight - night , nnd the Introduction of which was ob- jcctcil to by Mr. Burrows of the republican side , recites the letters written by the secro- tnry of stnto by dlractiou of tbo protldout to the diplomatic representatives of Venezuela. Nicaragua , Colombia , Honduras and other nations , calling nttentlon to the reciprocity section of the McKlnloy act and stating that tbo president deems the duties Imposed by these countries to bo reciprocally unequal nnd unronsonnbb , and that unless on or 'bo- fore March 15 next , some satisfactory com- merclnl arrangement is entered Into , the prtsl- dent will Issue a proclamation suspending the provision of the section , and further recites that such ac- tlon by tbo president \\ould bo unconstitutional , onerous and unjust , nnd tu- structs tbo committee on ways and moans to report before February 2."i a bill repealing the third joctlon of the McKlnloy act. Tbo president is also authorized , without further legislation , to declare the ports of the United States free nnd open to nil the , products of any nation of the American hemisphere upon which no export duties nro imposed so long ns such nation shall admit to its ports free of all national , municipal and other taxes , flour , corn meal , and other breadstuff's , piosorvrd meats , ilsb , vegetable ! ) nnd fruits , cottonseed - seed oil , rico , lumber and agricultural un- plomonts , etc. , or such other products as may bo ngrocdupon. ItellexeH U Unconstitutional. ' 'I bollovo. " said Mr. Breckinrldgo to an Associated Press reporter , "that tbo third section of the McKinley net Is unconstltu- tiounl iu conferring upon the president the power to impose taxes without congressional action. I also bollovo that the retaliation nllowcd in the net is not only unwise an re- purds our relations , but is really burdcn- > i uomo to our own citizens for it V imposes duties which they have to pay. And JAftoro this retaliatory nmasnro Is adopted r > > .y as to certain nations , it makes an unjust * Jiscrimlnutmn which may also not only bo arbitrary , but may bo not free from corrup- tlon. I therefore nm anxious to have that clause of the McIClnloy act repealed ; and while it may not bo possible to do it , I dcsiro 13 call tuo nttentlon of the country to this in ensure , mid thought it might bo done by connecting the movement lu the house with the letter which Mr. Blnlno bad written und which had been published nil ever the coun- try. And yof , " continued Mr , Brnokiu- ridge , "bi'ing in favor of tno freest possible trndo consistent with the raising of the needed revenue of tbo government , I ap- pcndcd to the resolutions instructing the committee on ways nnd means to report the bill repealing the third &octlou of tbo McKlnloy act , an Instruction to report in lieu of ll-a true rocl- proclty provision , bv which the president Is 'given the power , which undoubtedly is con- Btltutional , to open the ports ot America to the Droducts of such counliios as do make true reciprocal arrangements with us. 1 do not entirely ugrao with some of tbo leading democratic statesmen ns to reciprocity treaties and arrangements. There are crave objections to them , but I think thorn better than prohibitory tariffs. And if wo cannot , onnct such revenue laws , 1 doslro that reclp- Mrpcnl arrangements bo made as far ns they zm bo with any or nil nations , believing that every movement in favor of freer trade will . qcrvo ns an oduc'itional process , accustoming the country to bettor Views and practices in > ur commercial relations r - - ' > ' , < 1'uotH u More Liberal Provision. * "I was further led to offer this resolution just nt this particular moment because the committee on ways and moans haa not yet luul time to become entirely orgnnl/cd nnd got to work on the various propositions which lnvo ) boon submitted to It , and by selecting , nt this particular juncture , this particular provision of the McKlnloy net I might concentrate the attention of the country - try upon it sopuratad frum the other provisions - visions of the net. I selected , ns the recl- procity provision to bo reported by tbo ways end means committee , ono that had received the sanction of a largo number , if. not , Indeed , of ill , the dcinocrntlo senators in the Flfty- ilrst congress. And while there may bo difference of opinion in our party as to the extent to which It is to go , there is no difToi- cnco among us that tlio provision adopted In the McKlnloy bill ought to bo repealed and that some liberal measure could bo well ounctvd In lieu of It. " Mr. Broeklnrldgo's resolution appears to bo well received by the majority of the ways , nml moans committee. "i think very favorably of the proposition l Mr. Breckluridgo , " said Chairman Springer , "of course I cannot say what the comiinttco niny decide to do lu the mnttor. I nm In favor of reciprocity , but whether I AVill bo willing to go to tbo extent provided in tbo articles mentioned in the resolution , I cannot say. That question , however , . Is amore moro matter of detail nnd does not iirtoct , the vital prlnciplu embodied In Mr Brcckln- ridgo's resolution. " Mr. Broculnrldgo of Kentucky , then naked unanimous consent to offer tha rcsolu- tlon nbovo described , but Mr. Burrows ot Michigan , objected , Mr. Brccklnndgo then asked that It bo referred to the committee on wnys and moans , Mr. Burrows repented tils objection. IIIIU uiul ItenoliitloiiH. Under u call of the stntos the following bills , etc. , were Introduced and referred : By Mr. Oatos of Alauama For a uniform systoin of baukruptuy. . By Mr. Sweet of Idaho -Providing for an nitoriial bl-motalllo nrran omont. By Mr. Chlpiuan of Miohlcaii UequestltiR the jirosldent to Inform the house what gotlntlons have boon curried on with foreign povorn luon ta rolntlvo to the re-ostabllslunont and use of silver coin as local tender money. By Mr. Hatch of Missouri Defining " " and "futures " und "options" , imposing a tax dealers therein. { y Mr. Blaud of Missouri -For the free coUiaKO of silver. Bv Mr. Ilroslua of Pennsylvania Ap- proprlatlug 1 100 , 000 for tbo relief of the famlno stricken people of Russia. By Mr. Pierce of Tennessee Resolutions of the national legislative executive com- inltttio of tbo farmers alliance , in relation to tliocaliplatform. . Ordered printed in the record. Mr , Oockery of Missouri asked unanimous convent for tbo immedluto consideration of thu following resolution : Itcxolvud , That the secretary of the treasury - ury he reciuostcd to Inform tlio IIOIINO of thu asgroiinlo uioount of the uno\ioiidod | appro- iirintlpni nu account of thu lUcnl year 1WI ut tlio and ot thu llioal year ; also , the amount of oMit-'iidUurtu iiiudo durinit the llrst HX | months of the ttucnlyunr ISstt. Riving the In- ( urination for both periods in detail. Mr , Henderson of Iowa objected , and the rosoKitlon was referred to tbo committee on > il of KUIUIIS. By Mr. Simpson of Kansas Aakltigunanl- consent for tbo linmodlato consldora- t a resolution reciting allegations that o Qopartmout ot Aprlculturo is made the imrbor ot i > olltlcal employ oa and thai thu crop reports are made to boards of trade anil jji rkot > vreekers and operators before they nro convoyed to the knowledge of the toiling husbandmen ; nnd providing for n special committee or live members to Inquire Into the \Yorklngi of the department , nud Into tbo truth of these allegations , Mr. Hopkins of IlllnaN objected and sug- eestcd that the resolutions bo referred to the committee on ways nnd inonnn , but , on motion of Mr. Springer , it found Its resting place lu the committee on rules. Adjourned. IN TIII : SIJNATI : . llltl * nnd HpsolutloilK Intrixliieril mill Other lliislnesH Tniniurted Venterday. WASHINGTON" , D , C. , Jan. 11. i'ho vice president laid before the senate several ofll * clnl nnd other documents including ono from the interior department , asking for nn appro priation of $11X1,000 a n deficiency to snpply subsistence for the Sioux Indians. The senate Judlcnry committee today de cided to lay ever , without action until next Friday , nominations of circuit court judges. This was done uttho rcqucstot Mr. Voorhces , who tUslrcs to enter a protest against the confirming of Judge Wood. A largo number of bills wcro reported from the committees and placed on the calendar , among them the following : To nld thu stntcs of ( Jolora-lo nnd South Dakota to sustain schools of mines. For the erection of postollico buildings In towns where the postodlco receipts exceed $ . ' 1,000 u year. fc Fern public- building al Mammoth Hot Springs In the Yellowstone National park. Appropriating $00,000 for n public building at Bradford , Pa. l''or tin International Conference. Mr. Teller introduced a Joint ; resolution providing for an international bl-motalllo agreement. The Joint resolution was read. It declares It to bo the determined policv of the United States government to use both gold and sil ver ns full legal tender money , either under tbo ratio now existing In the United States , or under ono that may hereafter bo estab lished by the United States alone , < or in accord with other nations. It directs the president to invite tbo governments of the countries comprising the Latin union , so- called , and of such other nations as he may deem advisable , to join tbo United Status In n conference , and to adopt a common ratio between guld nnd silver for the purpose of establishing Internationally tbo use of bi metallic money , and of securing iixlttty of relative values Between these metals. The conference is to bo hold at such place ns may bo mutually agreed upon by the executives of the various governments. Whenever these governments , or any three of them , shall have agreed to unite upon , und whenever In thu judgment of the president , a sufficient number of nations shall have entered into such international agreement the president is to declare the ratio so lixed to bo the existing ratio in the United States , and all coinage thereafter Is to be nt such ratio until changed by Inw. 'llio president is to appoint ( subject to the nnprovai of tbo senate ) not loss than thrco nor moro than live commissioners , who shall report to him ( whoso report shall bo trans mitted to congress ) , nn.1hoshall each re ceive $5,000 a year ana reasonable expenses. Wants L'rumpt Action Taken. Mr. Teller said he had on the lltb of July last presented to the senate and had referred to the finance committee a similar resolution. It bad slumbered in that committee until the close of the session nnd ho was not over confident that tbo present resolution would receive nny moro attention. Ho believed in an International agreement if it could bo secured , but ho did not Intend to rest the case entirely upon an in tarnation al agreement. Ho was net prepared to surrender the effort to secure free coinage and n full recognition of silver In this country. An international agreement could bo made. Ho wished no ono to misunderstand bun , or supnoso that be cause ho was in favor of u bi-uiotalllc agree ment ho believed that the people of the United States should sit dot\n and fold tholr hands until such nn ngreumcnt was made , for ho did not so bollovo. Mr. Stewart submitted a statement in con nection with the resolution , which he had offered lust week , instructing the judiciary committee to inquire what further legislation was necessary to secure the coinage of silver provided for under the Bland net. Mr. Mitchell naked Mr. Stewart if ho was Quito certain that the act of IS'.K ) did not re peal tbo portion of the act of 1373 ( the Bland act ) which npplied to the act of 1S37. Mr. Stewart replied that it certainly did not. It only repealed a specific portion of the act of 1878 that referring to the purchase of from $ J,000OOJ to 4,000OJU of silver per month leaving tbo rest of the act In force. The resolution was referred to Iho finance committee. Northern Pnellle Land Mr. Morgan introduced n bill to forfeit to the United States ( he lands claimed by the Northern Pneiflo railroad company between Bismarck , N. D. , nnd Wnlla Walla , Wash. Referred. After nn executive session the senate adjourned. _ ixr.iANuVATCHINU : ouu MOVJS. IlrltUh Nauil OIlleerH Keeping Their Kyes u Our I'rep. nations. WASHINOTOX , D. C. , Jan. 11. Whether ( Jrcat Britain is or is not using her Influence with Chili to bring about a sntisiactory set tlement ot the Baltimore outrage Is ns yet a matter of speculation , hut there nro abund ant evidences that she Is showing tbo deepest interest In the preparation for war r.vhlch our country has boon making. Our naval oniccrs have not fulled to dis cover that two naval attaches of tuo British legation In this city , Capt&ms William H. Way and O. C. Langley - ley , have boon watching every movement of the Navy department since the talk of war with Chill first commenced. What these of ficers have learned bnsi of course , boon duly communicated to the homo government , nnd those reports huvo doubtless been the moans of convli clng tbo British authorities that tha United States is in sober earnest in bor de mand for reparation. . 'U is noticeable to these who have watched the developments of the Chilian controversy that the English influences In the direction of peace commenced just after the i < aval at taches bugnu familiarizing themselves with our naval activity. Those attaches have made personal visits to different places throughout the country where work on war materials is In progress. Only n few days ago Captain Lungloy visited the Mare island navy yards nnd Union Iron Works nt Snn Francisco to see what truth there was In the rumors of hurried work on the coast defense vessel Monterey and other vessels. Upon his return n day or two ago he told friends that ho hud been on a few days' pleasure trip to Now York , but this did not deceive some of the unviil officers hero. Captain Lancloy is too well known to naval ofllcors 'on the slope to mistake his Identity nnd ho had not been in Snn Francisco many hours before his presence and bis mission became known to department officials. Storms In inelaiul : unit Hp tin. LONDON , Jan. 11. Scvcro snow storms con tinue throughout the kingdom. TrufUo Is badly interfered with. A dispatch from Valencia , Spain , says u violent storm has caused much damage thoro. At Tyrone , iu Ireland , a fmiorat procession bocauio lost in the storm. The horses became exhausted und It was found necessary to abandon the noarso in a snowdrift , Kent \VarShlp toT'miKlei'H , HOME , Jan. 11. The Italian iron clad , Dan- doll , has sailed tor Tanrrlors. licking Slain. I'EOIIU , III. , Jan. 11 , A big cocking main near this city commenced Saturday night and continued until after noon yesterday. Over ono hundred birds were pitted , honors being about oven bolweon the various neigh boring cities represented. Thu Drill It Itull. PAIIIS , Jan. 11-Poynou , ox-mlulstor of marine , died today of Influenza. NEW Youic , Jan. H. Grace Field Lilndloy , oldest dauehlor of Cyrus W. Field , died this morning alter a lingering lllucsj. NO DECISION RENDERED , Boyd-Thayor Oase Not Yet Handed Down by the Supreme Court. STILL HUNTING FOR THE LEAK. I'robably the Ilemilt of the Ilody's Delibera tions \V1I1 Not llo Mnilo rnbllo Until the .Source of tlio Trouble In Located. WASIIIXOTOX BUIIEVU OP TUB Bus , ) 513 Fouirrr.r.NTil SniiiET , > WASIII.VOTO.V , D. C. . . Jan. 11. ) The supreme- court did not hand down the expected decision In the Boyd-Thayor case today. It Is believed that Chief Justloa Fuller Is still "hunting for the leak" and will not make the decision public until the source from which the papers secured their advance news has been locatoJ. NcbnmUu'n llouudary Linen. Senator Mnndorson introduced a bill today directing tbo secretary of the interior to have surveyed without delay that portion of the northern boundary ot Nebraska beginning on the Koya Paha river and running easterly to the main channel of the Missouri river , the Indian tltlo to the lands south of the 4Ud parallel of the north latitude , now situated In Nebraska , having btcn extm- cuishod and the proviso ( n the act of March BS , ISs'J , having bean fully complied with. Ac companying tbo bill is a letter from Land Commissioner Carter referring to the urtlcio in the bill of August last , on the subject of tbo northern boundary of Nebraska , and stating that the f.icts as sot forth by the bill nro mainly correct. Commlsslonor'Cnrter says that unrt of tbo boundary between Koya Palm nnd tbo Missouri rivers , about fifty-flvo miles , has never boon surveyed and tnnrUed , because no funds have been uvullublu for that purpose , and that the remedy would seem to bo an appropriation , cither bv tbo federal government or jointly by Nebraska mid South Dakota. Senator Mandoreon's bill of todny provides as much appropriation as may bo necessary. Itut It Will Not AVork. An effort is being made by some senators who want certain appointments to tha circuit and district courts , to brim ; about a glut of the judicial nominations pending and delay tilt tha president has not only lilted tbo circuit vacancies existing , but also the vacancies which may be created by appoint ments to circuits. The purpose of such a movement is plain ; It is to force the presi dent to yield to the demands of senators in making appointments or suffer tbo penalty of nn alliance witb the democrats for tbo purpose of defeating pending nominations. The effort will undoubtedly fail. In the first pluco the president cannot be forced to make any appointments. The majority of the seunto , which may lacludo some democrats , do not believe in such tactics to secure any end , much less judicial appointments , which should be free from ward politics and chlchanory and machinations of every democrat. 1'alls Clty'M 1'oHtinaster. The senator has not yet taken up the Falls City postofllco cases , papers in which have accumulated since bis absence. The great bulk of the letters are warmly commenda tory of Mr. Holbrook , the present incumbent of the olllce , who will be nominated and con firmed unless tbo best of reasons are shown for his removal. Senator Cullom , who has been urging very strongly upon the president the appointment of Colonel Eugene A. Carr to tbo vacant brlgadlorshlp , said this evening that ho was unnblo to receive any assurances from the president or any indication as to what his choice would be. Neither Senator Mundor- son nor Senator Hlscack seem confident that their candidates , General Wheaton orColonol Otis , \\ill secure the prize. Tbo president may go outside of tho" candidates now most prominent nnd select some colonel who has not been strongly urgod. Colonel Biddlo , Ninth cavalry , Is spoken ot In connection witb Iho vacancy , but his chances are not considered as good as several others named. Secretary Rusk this morninjr , after a long conference with Senator Paddock , Issued orders for national inspection ut the Ne braska City Hacking bouse. This will rnaice Nobrabkn City the second city in Nebraska nt which microscopic Inspection of meat in tended for export to foreign countries will bo made. The force nt the Nebraska Clt.V paclt- Ing bouso will consist of ono chief Inspector , four female assistant microscopic Inspectors nnd ono tairger. Senator Paddock wired today to Nebraska City the decision of the department , which has only been reached after several months of consideration and much pressure. The supreme court decision In the Coun- solman case is tnkon very seriously by the Interstate Commerce commission on whoso behalf It was argued by Hon. G. M. Lara- barUon of Nebraska that the effect of the decision will bo to bar the commission from calling railway oQlolals and favored shippers as witnesses in suits for violation of the In terstate LOmmorco law a plea In every case that the giving ot testimony might tend to in criminate the wltneKs being bufilclent under the ruling of the court to relieve tbo witness from testifying. The supreme court today nfllrmod the deci sion below , which confirmed , in the name of of the Dos Monies River Railroad und Navi gation company , the tltlo to the lands which its has for many years held , ever which there has been so much litigation. Senator Pettlcrow today reported from the committee on public lauds to the senate his bills appropriating ? I'JOQO a year for thu support of a school of mines at Rapl'l City , S. D. , and donating a section of laud at Ynnkton for the Insane asylum. A favor- nbiu report wllfbe made from the commlttuo to tbo sonnto tomorrow upon the bill appro priating & 00.000 for n public building at Deudwood. Congressman MoICeighun will Introduce in the bouso the senate bill for Hastings' public building. Representative Hayes of Iowa introduced a number of bills In the house today for Representative Bowman , who U out of the city. Among them were measures appro priating $100OJO each for public buildings at Iowa City , Muscatmo nnd Clinton ; giving each member of the house a clerk or private secretary , to bo paid ? 100 a month during the session of congress , aud authorizing the pay ment of additional salary to the letter carriers who are not allowed a leave of absence for fifteen days In each year. Senator Puduock reported today from the committee on public lands , bis bill for tbo disposal of the forts , Hartsuff , Sheridan und McPborson military reservations under tlio provisions of the homestead law. Ho dlso had an interview with the commissioner of the general laud olllco uud received the promise of the allotment of n cleric ut the Broken Bow aud Alliance laud oflices , W , Voglo was today aopolntod postmaster at Quarry , Marshall coilnty , la. , vice J , L. Inman , removed , B. F. Annony of Clinton , la. , Is nt Arno. Senator Mandcrsou introduced n bill today to pension William T. Huttou of Nebraska. Adjutant General Kelion U. S. A. , has re covered from his roaont illness nud resumed his duties nt the War department today. By dint of extraordinary effort Senator Paddock has secured fuvorablo action at the hands of the sonata committee on public buildings and grounds upon bis substitute bill appropriating -.lO.OOO for n public build ing at Hustings. The original bill appro priated $50,000. The committee will also report favorably upon Mr , Mandurson's bill appropriating tto,000 ! for a publlo building at Norfolk. _ P. S. H , ItUOUNT AICUY OKDUUS. Change * of Intercut Occurring lu tin ) Ile'dii- iilur Surtlcn Ycnterdity , \V ASIIINOTOX , D , C , , Jan. 11. [ Speolal Telegram to Tnu BEE. J The following army orders were Issued today : Captain Marshall W. Wood , assistant sur- frcon , now on leave ot absence , will report to the commanding oflJcor at Fort Columbus , N. Y , for temporary duty nt that' ' post dur ing the nbienco of Captnm Wnllei" U. Fisher , assistant surgeon. Major Alfrxki U. Glrard , surgeon , will retain his ntntlon Jit , FortShorl- dati , 111. , whllo on duty aft a member of the Medical Examining board appointed Doccm- bor 1(5 ( , repairing to Chicago in the morning nnd returning to FortShorldun In the even ing of ouch dny on which the board may bo in session. Lcnvo of absence for ten days Is granted Second LIeutoannt William Konly , jr. , Fourth artillery , to tnko ofToct from the date of the conclusion of his examination by the board of ortlcers appointed to meet at Water VHet arsenal , West Troy , N. Y. , December - comber a , 1801. Leave of absence for eight days la granted First Lieutenant Daniel U. McCarthy , Twnllth Infantry , recruiting o nicer. _ _ _ _ _ _ _ _ .vjm/JA iniroitu COURTS. They Cannot lie Jlrtdp to Anstror Incrimi nating { jurittlons. WnstiiNOio.v , D. C. . Jan. 11. The United States supreme court today Iri the celebrated interstate commerce case of Charles Counsel- man , apnolant , vs. Frank Hitchcock , mar shal of the United State * district court for the Northern district of Illinois , decided that witnesses cannot bo compelled to testify In any criminal case where answers might tend to criminate them in any way , or subject them to possible future prosecution. The Counsoltnnn case had Its origin In an Investigation begun in 1800 , by tbo grand jury of the United States district court for northern Illinois , Into certain nltogod viola tions of the Interstate commerce act b the ofllcors and agents of the Rock Island , the Burlington and the Chicago , St. Paul and Kansas City companies. . Counsolinan was asked whether ho bad obtained from rail roads coming to Chicago from points outside the .itato a rate for grain transported at lass than tariff rates. His reply to this , nnd similar questions as to whether or not bo bad received rebates , draw backs or commissions from specially named railroads , was that ho declined to answer on tbo ground that it might tend to criminate him , The grand Jurv reported tbo refusal to the district court und it found that Counsolmnn's dxcusoa were In- sufllciont , and it made an ordordiroctlng him to answer. Still refusing ; ttio court , ndjudged him In contempt , lined him $500 and costs , and directed the marshal to' take him lu.o custody and hold him until bo should answer tbo questions asked and others of similar import. ' After further proceedings the circuit court , JudgoGreshani delivering the opinion , discharged a writ of habeas corpus which had issuou for Counsclman p'ondltig Its decis ion , nnd made an order sustaining the dis trict court. From Judge , Grcsham's order the nppeal In this court wus orasocutod , nnd Counsolmnn , meantime , wns Admitted to bail. . ' * 1'lca of tlio Defense.1 Counsel for the witness ( appellant ) , besides - sides urging the plea that , the r witness wns protected by the tlfth amendment to the con stitution from nnsweriug nuy question which might tend to criminate him , in 4ony ca o , also attacked the right of the rand jury to proceed In such investigations.- ' The court , in Its opinion , ' rendered by Justice Blatciiford , says , bo waver , that it ' does not find it necessary to' consider any other than tbo point raised under tbe consti tution ns to the privileges of witnesses. It Is broadly contended , says the opinion , that , a witness Is not entitled to ptoftd" the privi lege ot sllonco , except in n 'criminal case against himself , but such is not the language or the constitution. Its provision is that no person shall bo compelled , in 'any criminal case , to be a wjtnoss against himself. This prpvision must have a broad construction in favor of the rlcht wlilch It , was intended to secure. The matter under 'investigation by the grand jury was a .criminal matter , and the reason given by C ouns'ehnan for his refusal was that bis answer rhlghUttond to Criminate him. 'His nprirehonsion-wa's that the answers might show that , ho bat commit ted a crlmo against the interstate commerce act for Which ho might bo prosecuted. His answers , therefore , would bo testimony against himself , and be would be compelled to give them In n criminal case. It , was im possible that the meaning ) of the constitu tional provision can only bo that a person shall not bo compelled to bo a witness In a criminal prosecution against himself. The object was to insure that a person should not bo compelled , when acting as a witness in an Investigation , to give testimony which might tend to show that ho himself bad committed a crime. Thu privilege Is limited to criminal matters , but it is as broad us the mischief against' which it seeks to guard. I'roteetcd by the Constitution. The court then takes up the contention that the Investigation before the crand Jurjr was not a criminal case , but soleljto uscortrln whether a crime had boon committed , nnd it reaches the conclusion that the questions asked Counselmau nnd his relation to tbo inquiry show that it was such a ease as entitled him to invoke tbo protection of tbo constitution. The court then considers the allegation that section SUO ot the revised statutes , which bays that no evidence obtained from a wit ness by moans of a judicial proceeding shall bo In any manner used against him in anv criminal proceeding , or for , the enforcement of any penalty or forfeiture , mmovos the pro tection of the constitutional privilege of Counsolman. Tno court says this provision , of course , protected Counsclman against the use of his testimony against himself or his property , but It could and -vould hot prevent the use of his testimony to search out other testimony to bo used against him. It could not prevent the obtaining- and the use of , evidence which should bo attributely directly to the testi mony he might gye [ under compulsion. Soo- , tion SCO is not co-oxtonsivo wltrt the consti tutional provision , aud legislation cannot de tract from the privilege alToiUod by the con stitution. A more act of congress cannot amend tbo constitution , Cannot Abridge Constitutional ICI hls. The opinion of Justice Blatcbford then makes an exhaustive review of tbo decisions by thn court nnd bv statu courts In cases arising out of the existence of similar pro visions In state constitutions , ana says : "It Is qulto clear that legislation cannot abridge a constitutional privilege and that it cannot replace or supply one , at least unless it is so broad as to have the iamo effect. We are clearly of the opinion to at no statute which loaves the party tor witness subject to prosecution aftqrt ho answers the criminating questionsrput to him can have thu' effect of supplanting the privilege conferred bv.lho cdns'titutlon of tbo United States. Section 850 6f the revised statutes docs not supply u corHbloto protec tion from all the perils against -which the constitutional prohibition wax designed to guard , and Is not a full substitute for the prohibition. In view ot thoj liohstitutloiiul provision , a statutory onactmeut-to DO valid must afford absolute immunity against future prosecution for the otfdnso to which tuo question rolntos. " The court therefore rules that C'ounaolman wns entitled lo not uiibwor , and directs that the Judgment of tbo circuit oour.t be reversed nnd thupnso remanded , with instructions' to release Counsolmnn from custody. Hearing in the Chicago nniircbist cases , those ot Ficldcn and Schwab , n postponed today on motion of the , attorney' general of Illinois until next Monday. > "ear Deatfi.'n DooV. ATLANTIC , la. , Jan. HT-Special | Telegram ' to Tim BKK.Dr. . J. M. Emmort o'f this city , noted throughout western Iowa , as ouo of tbo loading physicians and surgeons , und physician of the Rock Island road , has been dear death's door all afternoon. Ha inlmlad from tbe palm of his bund a largo dose of utropla bv nilftako for coculr.o , with which ho Intended to relieve a seven ) attack of catarrh. Both bottles of medicines were s do by side on the perscriotion case in his drug store and ho got hold of the wrong bet tle. JIo rode to his residence and hits bo en dclorious all the aftaruootft Ills death is ex pected at any time. At/iUO p. m. his pulse was stronger and doctors haveslignt hopes of bl recovery. * forty Degree * llelou.era , nrsnviu.E , Nob. , Jon. 11. { Special Tele- grain to TUB BKC.I The mercury stood at 4U = > Mow zero this morning at sunrise. At Pine Rid go , S. D. . it wus ( U = > below. Six lucbos of snow feu ncro Saturday. DONNED THE ROBES OF OFFICE Major MoKiuloy Inaugurated as Governor of Ohio. CROWDS ASSEMBLE TO DO HIM HONOR. Introduced to the Anombleil People by tl CM ernor Campbell lnu I luppv Speech llio Iii'ttiKiinil Address of the Nc\v ( iotornor. Coi.UMnu" , O. , Jan. 11. William MeKInloy , Jr. , was inaugurated governor of Ohio todny with a most Imposing pageantry nnd number unexampled in the state's history. Notwith standing the severity of tbo winter weather tlio city was crowded with people from all parts of Ohio nnd largo delegations from neighboring states. The legislature , supreme court , state oillcors und members of the press assembled in the Donate chamber and then , preceded by Governor Campbell nnd Oovor- nor-olcct McKlnloy , marched to the rotunda of tbo capital , whcra a stand had boon or- rooted for the cercmonlo.i. At uoon , after n happy introductory speech by Governor Campbell , the chief justice of tlio supreme court administered the oath of ofllco to Major McIClnloy , who then delivered his inaugural address. McKlnley's Inaugural. Gentlemen of the General Assembly : I approach the administration of thuoQloo with which I have noon clothed by the people , deeply sensible of its responsibilities , and resolved - solved to discharge Its Unties to tbo best of my ability. It Is my doslro to uo-opor.ite with you lu every endeavor to secure a wise , economical and honorable administration , and , so far as can bo done , the improvement and elevation of the public oorvlco. I'rogrcss of Ohio. The progress of Ohio In population and wealth between 1880 and lbJ ! ) , as evidenced by tlio olovcnth census of the United Slates , will bo received by ths people of the state with pride and satisfaction. During this decade the population of the state increased nearly 15 per cent , while that of municipalities , including cities and towns of 4,000 Inhabitants and upwards , increased 13 per cent. The assessed value of property in the state increased 1G par cent , and that of municipalities of more than 4,000 inhabitants increased nearly 27 per cent. In 1830 the par capita of the statn debt proper was W.lt ! ; in 1800 it was only $1.94. Seventy cities and toivns of Ohio of 4,000 inhabitants and over , with an ajrgrosrato pop ulation of l,3Sr,831 ( or US per cent of tlio total population of the state ; , have reduced their municipal indebtedness until it is only $3.31 per capita. Agriculture , whllo for n number of years depressed , shows in IS'Jl an improvement which is to bet hoped will Uo permanent. In Cincinnati , according to the report of the De partment of Agriculture , during the year 1889 , wheat was 70 cents nor bushel , while in 18111 it was 97 cents. Corn rose from 31 to B3 cents ; rvo from 57 to 71 cents ; and other products of the farm show a IIIto advance in pricos. Mines nnd mining also show a healthful advancement. In 188J thu petroleum output of the state was 33,010 barrels , while in 1SOJ it was 12,471,005 barrels. The coal output In 18SO was 0,003,593 tous , while In 1890 it was 9,970,787 tons. The value of sandstone rjuiu-rldd In 18SO was $1,871,921 , whllo Jin 1800 It was $5,040- (530. ( , The fish Industry of the lake shores has in creased greatly during the dccado. The num ber of persons actually employed in talcing fish on the Ohio lalto shores have increased from 923 in ISSO to 1,207 in 1890 , or a little ever 30 per cent. The capital invested in this Industry In 18SO amounted to $47.SOO ! ; In 1800 It was $1,207.100 an increase of nearly 133 per cent ; and whllo thorn were but nlno vessels engaged in tuls industry in 1SSU , there aroJ37 so engaged today. There has boon nn Increase In the miloaso of railroads within thn limits of the stnto of from 5,055 miles in 18M ) to 7,0413 in 1889 , on their main tracks no increase of 83 per cont. The cost and value of railroads and equipment huvo increased from $312,459,197 toS03)8Sl7. ! : ) The uumbor of employes on- gaced upon the lines in Ohio liavo increased from 29,498 to 75,578. In 18SO the tonnage of freight moved within the borders of the state was4Sr > lllStJ ; in ,1889 , It was 03,132,810 , an increase of 93 per cent. * , * * * * * * * Taxation , Tbo people of the state , whllo submitting patriotically to all noedrd taxation for the nubllu service , nro in nn temper for Increased taxation. Their insistency is that all kinds of property shall boar equally the burdens of taxation. While this may bo impossible to secure , the leglsiaturo should make the near est approach to it possible. This is a sub ject which will require your closest ( Muni tion , and upon it I invite your best delibera tion. It has occurred to me that it might bo well for tbo legislature to create n board to bo called "Tho Stuto Tax Revision Commis sion , " that will take into consideration the wbolo subject of state taxation and the pow ers of the legislature thereon under the con stitution , and raako report to the present gen eral assembly at the adjourned session. .Improied AViitoruajH. What shall bo done with the canals } Shall tboy bo nbumloned , or shall they bo maintained und improved ) Every year llio question becomes moro pressing. Each annual controversy ever appropria tions develops a stronger opposition than tbo' preceding ouo. Both tbo friends and oppon ents of the canals ugrco that the policy whl > : h tons prevailed for some years past cannot con tinue much longer. The canals have been preyed upon and allowed to go to ruin , und now ovcry succeeding legislature refuses to appropriate enough money to put them lu proper condition. The question docs not involve appropria tions ulono , but the modernization of public waterways. Not only ovpcrts , but the public at largo have arrived at the conclusion that If the canals are to bo continued , there must bo some well matured plan for their Improve ment in the interest of cheap and bettor trans portation. Thioughout the whole country there Is at this tliuo unusual attention boiugr paid to tha general subject of waterways. An Increased activity in tbo building nnd Improvement of canals Is noticoaolo in aomo of tbo most pro gressive nations of the world particularly where commercial competition Is tnu keenest. Of this , Franco and Germany afford con spicuous examples. In England there nro sovorul vast slilp canal schemes under way and in projection , This revival of interest In canals IB true alto as to a number of our sister states. Some states that have abandoned tholr canals now regret that action , nnd several are oudcavoilng to recover the franchise which luul. been disposed of to private Indi viduals , or to corporations. Canada IK now .seeking , by enlarging and extending her canals , to securu a largo portion of the grain carrying trade of thu continent. In this commotion attention Is called to n demonstration lu Ohiu of the value of Im provement of wuter-wnys , vU : tbo Musk- liigum river , navigation on which will bo ro- slimed Iji the coming spring. It should ever bo uept In mind that the canal Hystom of Ohio represents franchises and rfghlu of way und privileges of enor mous valuo. Tlio aggtcgato length of the rnnalB ot Ohio 1s 097 , miles. The original cost of construction- was $ l4,340r)7 .50. There are alio UD.OOO acres of reservoirs which food tlio canals all public property. Tbo canal & > stem of Ohio is a rich heritage to tlio state which bos been largely squan dered , U is tlmo to call n halt to the policy of disposing of tbo people's property withnut ndrquuta compensation. It la for the people to aay what they will do with tbolrown , but they should have full in formation before they forever dUuns ? 3 thonibolvea of two such valuable franchises as those appertaining to tbo Mlama & Erie canal mid tbo Ohio cunuU U'hlt in n matter of general interest to ovcry section ot tbo stnto , and U : : ot limited to the territory through which the canals pn s. Before the people or the legislature can net upon this Important question with intotll- gunc'O und with u duo regard to Interests of the state , It Is manifest that limy should bo in possession of more Information than Is now at hand , It U therefore recommended that , In addi tion to making the usual appropriations for the cinals , the legislature create a body , with ungineorlnif , legal und business quallllc.i- tlons.to make com plot o report ns lo thuuannls of Ohio giving their origin , the rights of the state as to tltlo , their coat , tlio oariilngj In the past and at present , tholr value as fran chises for rullto.ul or other purposes , ns nearly ns can bo ostimatoJ , nnd particularly as to the pojslbllltv uud advUnbllliy of Im proving mom and Increasing tnolr usefulness to the people. Already there is In existence n body , which , It is suggested , could with propriety bo entrusted - trusted with this important work the Canal commission , The .N'eull.illot I.iuv. The now ballot law. from my observation nnd Information , meets with very gonor.il favor In lu scope nnd purpose , although Imperfect - perfect in some of its features. It is a stop In the rUlit direction , nnd should not bo touched except where It can be improved. It can , no doubt , bo mnuo to bettor servo lu purpose by amendments which experience has already suggested. At the recent state election thousands of electors voted for the candidates for governor of tholr respective parties who were at the head of the tickets , bollovlng that they were voting the outiro party ticket. Tnls occurred ns " to all tbo party tickets. The true Intent of the elector was therefore not reglst'jrod by tbo Judges , for they were required to count such ballots only for the candidate ooforo whoso uumo u cross was placed. VY'ould it not bo advisable to provide that thcro should bit but ouo method of marking ballots namely , by requiring the elector to place a cro s-mark In iront of tbo numo of every candidate for whom ho desires to votol The duties of county nnd city boards of 'elections ' should bo moro clearly defined. tloii.il KuilUtrlulIn ? . You will bo required under tbo now census io redlstrict the state for representatives In congress. This will allord yo.i an opportu nity to arrange the districts with fairness lo all. Make the districts so fair iu their rela tion to the political divisions of our people that they will stand until n new census shall bo taken. Make them so Impartial that no future legislature will dnro disturb them until u now census and a now congressional apportionment will make a change impera tive. Extreme partisanship in tholr arrange ments should bo avoided. There is n scnsu of fair play among tbo people which is prompt to condemn u flagrant misuse of party nd- vantagoattho expense of popular suffrage. Partisanship is not. to bo discouraged , but encouraged in all things where principle is atstako ; but a partisanship which would take from the people their just representa tion , ns in the ca o of the con gressional rcdlstricting by the last lei- islaturo is an abuse of power which the people are swift to rebuke. You must have observed from the returns of the late election that the party which carried the stnta by n plurality ot moro than 2IUJJ and which received a plurality in llfty-ono coun ties out of the eighty-eight In Oalo , carried but seven congressional districts of the twen ty-one tbo minority party thus controlling two-thirds of the congressional districts , and tbo majority party only one-third. It will bo your duty to re-onfrancuiso the citizens of Ohio who wcro disfranchised by tlio last. legislative "gerrymander , " nnd to restore to the- people their rightful voice in the nn- < tlotiul bouse of representatives. Free suffrage H of llttlo sorvicn to the citizoulfilsIorco can bo defeated by legislative machinations In the form of a "gerrymander.1' ' The dis tricts should bo made so as to clvo tbo party majority iu the state a majority of represen tatives , nnd so arranged that if tbo patty majority shall change the representative rua- joiity bball also change. Kespi > usll > lllty of thu JM ijorlty. The elections of lust November have given to ono of tbo political parties of the state an almost unprecedented majority In both branches of the legislature. So larcro n majority will require from ovcry member of the dominant party the exercise of the greatest conscrvatlsim. I need not remind you that exceptional responsibility follows the great trust which * has been reposed in you by the people , who in turn will hold you to tbo highest and strictest accountability. Governor MoICinloj' and hu staff and Dirty proceeded to the grand stand and reviewed tbo parado. Tbo procession was composoj of the militia , political , secret und other societies. * - IIK.IIH' JFOrt .1 IIHl ItEI'OI.T. Gar/a's Movement Sulil to llu\e Assumed J < 'nrmldiililo 1'roportlons In 3Ze\lco. Ciiicioo , III. , Jan. U. A private letter to the Associated Press from Monteroy.Moxico , dated January 3 , says : "Tho government is keeping the sharpest watch on telegrams nnd letters to und from the United States , and oven on newspapers , to suppress all news about the Garza revolution ; ncd though the government pretends tbo movement Is of very little account and In some Instances Is directed against' tbo United States , yet It is wall known the movement has taken formtdublw proportions , nnd threatens to extend , for dis satisfaction reigns in manv states anil hun ger may drive people to desperation. Diaz , the Mexican consul at Laredo , bus received orders from thn trovarnmont to dootor nil to- ports passing through his hands and destined for the United States. The histories of Garza published so far in the United States are all wrong. " Ho has always boon either a school master or jour nalist of considerable talent' nnd though ho may bo defeated and killed tbo revolution will not end. Small bands will harass the government on nil sides until the election , when another strong elTort will bo maao , nud then tbo con servatives or clerical party inny take a hand. The great question of where the nionoy comes from for the Garza mouomont is solved by the word "preying" that is they live off the land. Their arms and horses are their own nroporty , and all hntu the Central States. Though Uaiv.n Is Intel- llgunt and brave , bo is not the real lender of the movement. The loader is one of the most prominent men in that republic nud ho is nbly seconded by very prominent military. men and diplomats who will novur tlru un less killed or triumphant. What olds , or ratuor will aid the revolu tionists , is tlio general depression which reigns and which makes Itself felt more nnd moro every day. The prisons nro full of peo- tile driven to crlmo by dUtroasand I'rosldcnt liaz himself understands that the situation is critical , Tlio polioo nro very active In the search for loading conspirators , but they are meeting with poorsnccess , Itnui'x I.i-uUlntimi In Session. DES MoiNBtt , In. , Jan. 11. The Iowa togls- Inturo convened this afternoon at , 2 o'clock , The housu Is republican by four majority. The democrats have t wcnty-flvo In the sen ate , the republicans twenty-four nnd the independents ono. George WycltotT of Ap- panooso countv will bo temporary speaker and Henry S. Wllcox of 1'olk county tempo rary clerk of the house. W. C , Mitchell will bo permanent speaker , ( jaucusscs will beheld held after the temporary organization this uftornooD , nt which u full staff of subnidluato officers for each housu will bo selected , Democrat * Had Tlielr U'liy. LIIMAHH , In. , , iau. 11. ( Special Toloqnim to Tim BKB , | But little Interest has been taken lu the special election toJay to scleot u auccosfor to M. U. Mills , roslgii'id. The dumocratlo ticket was ttio only ono in the Hold. Tuci furmnr * all ! unco candidate made no light and tbo republicans made no nomi nation , The vote was vary light. Henry Schroetton was elected , Git ( NT , Neb , , Jan. Il. I8i > eclnl Telegram to TUB BBK.J Tbo mercury was 31 ° below 20 ro this morning. About six Inchon of auow covered the ground. A HIGH EMBANKMENT. Accident Resulting In nnu < Injury to Many , INTO KINDLING WOOD , IMr- 1'lro AiliU Its Terror * t ( tlio Wrrek A llrokcnVlicol Supposed In Ho Ito. * pen lhle for tlm Acclilmit lUt of I In- Killed ami Injured. Cimvroiibsvii.i.K. Inu. , Jan. U.-Betweon U' nnd a o'clock this afternoon tbo north bound Motion train ran off thu tr.ick about two miles north of'hera nt Nicholson cross- Ing. The accident occurred on n fifty-foot embankment , down which four cars rolled , the engine and ouo bnygnxo car keeping the truck. The trouble Is supposed to bo duo to n broken rail. The ilrst passenger coach rolled ever throe times. It was full of passengers nnd caught flro from the stave , but all occupants es caped alive. The baggage nud express car went ever , but no one lu It was severely hurt. The ladles' coach was literally torn to pieces , ns wns uUo the pnrlor car. Here was the greatest dnumgo. There was hardly a passenger on the train who escaped Injury. Help was soou at band and , In n few mo ments , tha road was full of the tnaltnod on their way to town. There were three theatrical troups on board , ono of which , the City Club Bur lesque company , wns eomplotoly broken up , nearly every member sustaining serious in juries. Killed uml Injured. HEX IIAMllUUO of Cincinnati , a traveling mun. MME. TINA VAN UOKEY. of the City Olub comp my. The Injured of the Cl'y Club company aroi Mtc-K Rormtivbadly hurt lu logs nud bncit. GIH ROOBIH , back injured. STEI.IA CI.UTOV , logs und back. HEI.IIN LOVB , Internally Injured. Coin WIIITR of Syracuse , N. Y. , slightly injured about the head. FAN.VIB Evcucrr of St. Louts , internally injured. OMA LEWIH , bruised about the head. Hxiiuv C. BitvvNr of Philadelphia , back sprained and head hurt. MVDQR tiiuNKii ofPtttsburg , bead bruised. M. G , KUTI.KUOB , porter ot the chnlr cor , fuco mashed. C. N. CoKNwm.i. , roadmastor , internal Injuries. JOHN WIXSIICCTCK of Louisville , baggago- mastcr , Injured about the shoulders uud back. Giouor. CuTrr.ii , express messenger , of Louisville , internal injuries. W. N. SSYDEII , nqwiboy , of" Chicago , shoulder broxen. \VII.M\M BISHOP , brakeman , of Lafayette , Ind. , severely burned. Joii.v BILLS , conductor , hurt internally. NF. i.i.i i ; HVNI.KY , orujhod , will die. EZHA Hiuns of Whcatilold , loft arm broken nnd right band cut off. Mug. AN.Y Hums 'of Whculflold , fnco smashed. Du. B. WIIITESIDES , spine seriously frac tured. DAVB MAI.MIUKY of Komo , N. Y. , eye gouged out , arm and log broucn. C. N. CnnKic of Groencastlo , right log cut oft below the knco. Mr. Fox of Now Albany , head cut and log mashed. PAUL AM.RN , head crushed. THOMAS MEN vci : of the opera troupe , hurt internally. C. F. Hov.v , side and back and head badly Injured. C. W. LOVKDEN of Salem , log badly crushed. EVA MAIISM vi.i.of Ellcttsvillo. sldo and fuco crushed , J. J. ENWIIIOIIT of Chicago , kuco und head hurt. MnrviNMcKii : of Chicago , head , hip and back Injured , but not fatal. JOHN FOUST of Cra'w fords villa. WII.UAM HAI.I. of Crnwfordsvillo. J. M. DAVIDSON of Crawfordsvillo. Mits. BiiKvroui.K of Crawfordsvlllo. WILL SMITH of Crawfordsvillo. DAVID JONES of Ciawfordsvillo. MviTBnvTTY of Crawfordsvlllo. J. F. SIJI.MVAN of Crawfordsvillo. A numoar of these hurt llo hero in the city and several will probably dlo. The excitement has been Intense and hundreds have visited the scene of the accident. It was ono ot tbo most terrible catastrophes that over occurred on the road. The postal ear wont ever , but Clerks Fox and Clark , whllo badly cut , nro not seriously hart. The scenes nbout tha wrack nro honrtrond- ing. Resellers nro now searching for tbo body of a llttto girl supposed to bo buried In the wreck. _ KTKKBT C.lll H'fllllCK. 1'olleo 1'roteetlon AN | H ! by tlio President of the Kallw.iy Company , l.NlilANAl'OMS , Ind. , .Tun. 11. The situation tonight , regarding the street car strike remains the sutno as yoswrday. Not a car wns run ever any of the lines during tha dny , although unsuccessful attempts were made , resulting In tbo cars being unceremoniously hustled back lute the barns. The strikers used no violence and conducted themselves in a qulot , orderly manner. Tins afternoon n long conference was hold botweou the mayor of the city and president Fronsel at the company. The mayor asked him If ho would treat with a committee ot the strikers , Mr , Fronsel positively refused to do so , stating that ho could got plenty of men to man his cars , us there were many a p- pllcants from men In this city out of employ ment , Including twenty-live of the striker * , whom , ho said , would return whan they wore given police protection. Ho domdU the rumor that men would bo Imported to take tha strikers' places. Ho addressed a latter to ilia police commissioner during the day asking that proper polioo protection bo c'von ' him as hu intended running cars for the ac commodation of the publiu tomorrow. The inon nro determined , and If ho carries out his expressed Intention It Is feared that serious trouble will result. They Continue to Ilenelj ; " tint IIouso of Tlielr I'antor In rittxbnr } ; , PiTTsm.'wi , Pa. , Jan , 11. The trouble at thu St. Adalbert Polish church ever tbo dis missal of Father Pltulskl , on the aouth sldo , assumed u more serious aspect today and threatens nt any time to break out In a secu lar riot. Several times tlio crowd around the parish house became so large and boister ous that It was necessary to call on tbo police to clear the atroot. Hvory tlmo Father * Micklowlocz anil Kulassiniskl showed tbom- solves to tbo crowd they wnro booted anil hissed , whllo Father PUuUkl's appearance wus the bignal for wild choorini : . Father Micklowlocz says the trouble was caused by Jealousy and disturbances nil thu part of his into assistant. Hu also denied tbo story that Father KulBsslnlskl spoke disparagingly of Ills predecessor at voitordsy's mooting.