/ npvHE OMAHA DAILY BEE.
TWENTY-SECOND YEAH. OMAHA , TUESDAY MORNING , APRIL , 1893. NUMKKIl 281) ) .
SENATORS STUMPED
| ; Fnco to Inco with the Maximum Freight
Hate Bill at Last.
NINE BILLS PASSED IN AN HOUR
Bapid Work Which Preceded the Biggest
Deadlock of the Session ,
BOTH SIDES DETERMINED AND FIRM
Friends and Foes of Rate. Kegulation En
gaged in a Final Struggle.
EFFORTS TO SAVE THE IMPEACHED
I'lniin I'roponod liy the friends of the Of-
lie-lain to llreiik Down the Action of
the .Joint Si-HHlon'liy Substitut
ing DefeutUe Artlvlci.
Neb. , April 8. [ Special Tele
gram to Tin : Ilisn. ] Practical demonstration
was given this afternoon of the fact that the
senate can transact business with neatness
and dispatch when Its members are so dis
posed. It went through the regular order of
business almost as fast as Dot-gnu went
through the cell house appropriation , and
struck bills on third reading with u force
Mint nothing could withstand. Nine bills
were passed within an hour , and ut 5
) 'clock the railroad inaxim'in rate
olll , house roll H3 , stared the
body squarely in the eye. It didn't remain
go very long , as the railroad contingent con
cluded that affairs were progressing alto
gether too swimmingly for the opposition ,
ind when the all-important measure wa- an
nounced a call of the house was demanded.
Senators Teff and McDonald were absent
and this gave tho-railroad side of tlio house
an excuse for calling a halt. The supporters
of the bill at once announced that they were
ready to stay there just as long as anybody
on the other side and the two elements set
tled down to tlio tedious task of wearing
each other out.
Wore Put Under Puritlc.
For the lli-st time during the session the
parole system was called into play , and sen
ators wore excused to come and go just about
as they pleased , with the understanding that
they would remain within easy reach of a
call from the boJy proper. It thus hap
pened that while several of the independents
were ut supper the republicans raised the
call and attempted to place the bill on its
passage without final reading. The inde
pendents who remained in tlio chamber as a
guard to prevent surprise promptly ob
jected and again placed the senate under
call of the house , s Once more the senators
settled back to aw.iit tlio result of the
test of physical endurance. At 9 o'clock
propositions for a settlement were enter
tained , but no agreement could bu readied ,
and tlie situation did not change.
Knocked Out Sollillj- .
A motion was tnadc to go into committee
of the whole to reconsider the special order ,
but the motion was defeated by a vote of
the solid IS to 12. The president pro tern
hold that a majority had voted against Iho
motion and that it was lost.
Ho was asked if the special order was
passed by that vote , as the motion was to go
into committee of the whole and not a mo
tion to pass the special order. Ho held the
action was tantamount to that suggested ,
und Senator Mattes at once raised the point
of order that the special order could not bo
passed without a two-thirds vote , such as
would bo required to suspend the regular
order. The chair held that it certainly took
a two-thirds vote to advance a measure by
Buspcnding the regular order , but that after
it was advanced It was subject to the same
action as any other measure , and therefore
subject to any disposition tlie majority might
wisli to make of it.
Correll Wouldn't Tiiko It Illicit.
R-iilroad senators at once rushed up to
the chair and persistently mutilated ills car
for several minutes. The members of the
railroad contingent remaining on the floor
apparently had not the slightest doubt in the
'world that the chair would correct himself ,
when it was shown him that his ruling
would prove disastrous to the further stav
ing off of the bill , us was shown by the re
newal of tlio same point of order. The pres
ident pro tern however , had the courace of
his convictions , and refused to bo rmlldozcd
Into reversing , even if his refusal to do so
meant death to further succcss'ul opposition
to the bill , under which he had persistently
recorded his voto. It was rough on the
North side of the house , but It was the mak
ing of the bill , and the railroad senators
could no nothing but grimly acquiesce. It
was a bitter pill , but they swallowed It
bravely.
Will stave. Oil the .Inlnt Session.
It is stated at a late hour tonight that the
deadlock in the soiuito will baworked , In the
morning to prevent the holding of the joint
: onvcntiun iu accordance with the terms of
Iho recess. The air is full of rumors , but thu
iltiiatiun is indeed a momentous one.
Senator McDonald arrived in the city this
Dvi'hlng from Omaha , and the only absentee ;
is Senator Tofft. It was rouortod at 10
o'clock that ho was also hero , but a
icarch faded to verify It. Ho was seen
on the streets of Omaha this evening
and ft was supKisod | that ho w.i.s coming at
onro to the capitol. Thcro Is a rumor alloat
to tl'o elfoct that he has gouo to Chicago , but
this Is given very little credence , as the sen
ator from Cass county stands so highly with
his constituents and the people of tlic state
that It Is not believed ho would consent to
the rough shattering of the nubile confidence
in him b.v lending himself as the tool to pre
vent In such a manner the passage of the
maximum rate bill.
Taking Iu the City.
Notwithstanding the call of the upper
tiouso the senators enjoyed unparalleled
freedom this evening. Several of them
lounged about the rolu-ida of the Mucolii
until u late hour , while Senator ( Jorrell attended -
tended thu theater and romalned until the
cloio. Ho said that the only restriction im
posed upon him was that ho should bo back
in the semite chamber by midi.tght , to as tc
relieve the lieutenant governor.
The Ber&cani-nl-arm.s appeared at the Lin
coln shortly after midnight , rounding up tin
absentees.
Not SnnloilK Nun- .
From the actions of the Impeached ofUcera
and their attorneys tonight it does nol
appear that they arcso anylous for u fall
mid full Investigation of all the charges
agali.st .hirv s 0111 iright suppose fron
roa-hng Ihf letter submlttol by them to tin
Joint innvcntion last Friday afternoon
liumor * ur * to the effect that the session of Hit
Joint convention tomorrow morning will not
be altogether harmonious , and that a vigor
ous light will bo made by the friends of the
Impeached ( ifllcials to either amend the arti
cles of impeachment prepared bv the attor
neys employed for tlie purpose * , or to reject
them altogether and substitute others lire-
pared by parties opposed to the Impeach
ment.
It Is known that for the past two or thrco
days articles have been carried around in
the pockets of some of the members of the
legislators , and the Impression seems to pre
vail that they nro. not as carefully drafted
as would bo the case If it was desired to
have them stand the test of objections of the
attorneys for the defendants before the
court of Impeachment. That there Is a
strong disposition on the part of certain
inombcrs to adopt such articles as would
give the defendants a chance lo demur
their cases out of court is generally
neccpled lo be thn fact. One move In which
the defendants and their attorneys were en-
gatred this owning was a wild t-hise : to get
liold of a copy of tlio articles of impeach
ment , and tno story was current that they
desired to prepare an answer and submit It
to the joint convention tomorrow.
This suggestion called forth some vigorous
talk from many of the members who declared
that they would tolerate nothlugof the kind.
They asserted that such a thing was tin-
lioard of In the history of impeachments of
criminal prosecutions , and that the im
peached parties have no right to present
their answers to the joint convention.
House Meinlicr * Iteuily.
Nearly all the members of the house have
returned , and are anxiously awaiting the
session of the joint convention tomorrow.
Harman Is back again , having left several
members of his family fcick with scarlet
fever , and expects to be called away again
at any time. Clerdes went homo , hoping that
lie wouldn't bo called back , but left word
that ho would come In response to a telegram
that his presence was absolutely necessary.
Hugglcs loft tonight In response to a tele-
iiram notifying him of the dangerous illness
of his wife. Smith of Holt has also been
called away by sickness in his family.
Articles Ituiidy Tor Action.
Tlio drafting of the articles of impeach
ment has been completed and the committee
of the joint convention that was appointed
to prepare them will hold a meeting in the
mornini ; to pass upon them before they are
submitted to the joint convention. It is ex
pected that the committee will unanimously
agree to accept them as they were prepared -
pared It Is understood that there are thrco
articles and that the specifications number
. It is that the
twenty-one. reported specifi
cations of the first artlc'o ' relate to the
frauds in connection with the erection of the
cell house , the second to the general fraud
In connection with the auditing of the asylum
accounts , and the third to the coal deals
with various linns for asylum fuel.
Iltl'l'OLVTK IX THIS FlKIM.
llnytl'M I'rc.-ildctit Prepares to Sleet the
Army ol the Itevolollonlsts.
[ Ciinjrfi'ilol.VJfloi / ; Jiiinr * ( Ionian llcnnrlt.l
CATEHAiTir.x , Ilayti. ( via fi.ilvcston , Tex. )
April 3. | IJy Mexican Cable to the New
York Herald Special to Tin : Bnc. ] Pres
ident Hippolytc and his cabinet have deter
mined to meet an uprising of revolutionists.
With his cabinet the president has en
camped at Port do Paix , near this place.
The government troops have also been
ordered In camp here. They will bo sufll-
cicntly strong to repel any force the revolu
tionary party can muster. President Hippo-
lyto has sent a protest to President Pcn-
reaux of Santo Domingo arrainst tlie action
of that republic in aiding the revolutionists.
Nc ; MO KICK .vuotir.
i I'nier | I'indlni ; l-'milt with Testi
mony In tlio Ue.rlii ? Sea CiiHes.
, T < oxi > ox , April 3. The newspapers gener
ally comment upon the introduction before
thu court of arbitration regarding the Ber
ing sea cases of the British counter case ,
exposing the use made of the mistranslation
of the Russian documents in ttio case pre
sented hy the United States. Tlie London
Standard says that sometimes the translator
later seems to nave blundered out of sheer
carelessness , and In other places to have
been mistaken , while some members of the
commission show u dellbrate falsification in
favor of the I'nitcd States. As the agent
of the United Slates had put in amended
versions of the mistranslated documents ,
most people , the Standard continues , sup
pose that no more attention need bo piid : to
it , but it is surprising after examin
ing some documents , to find thorn to be
no more reliable than the Mormon scriptures.
Tlio United States government has refrained
from modif.vinir or withdrawing tlio aiyu
incuts. The British contention , the. Standard
adds , is that when such p.iss.igcs are ex
punged there docs not remain an atom of
evidence supporting the chief American alle
gations. In closing thu Standard remarks
that it would perhaps bo futile to ask
whether any responsible politician at Wash
ington really thought that the device could
be forced on the representatives of Great
Uritnin.
The St. James's Ga/.otteisays that it does
not suspect tlio United States government of
conniving in the concocted passages , and is
sure that the American people will repudi
ate a trick so silly. Yet , adds the Gazelle ,
ihc arguments founded on the forgeries are
uucancelcd. N
I'AM'OUK AT lUir.\ST. :
Kereptlou Clven the Ciuisertii-
tlvu Leader liy tin * People of Ulster.
BELFAST , April 3. [ Special Cablegram to
Tnu DBB.I Ht. Hon. A. .1. .Halfour , conserva
tive leader of the IIouso of Commons ,
formerly chief secretary of Ireland , arrived
nt Belfast today to deliver addresses In sup
port of the imposition of Ulster unionists to
homo rule. A vast concour.se greeted Hal-
four. The multitude was so enthusiastic
that people took the horses out of Iho car
riage and eagerly sought the honor of draw
ing the vehicle through the suvets. Numer
ous deputatioi.s presented greetings , dwell
Ing upon tlio loyally of Ulster and extolling
Iho services of Bulfour. Balfoiir replied
with nu earnest declaration of the resolution
of the conservatives to resist homo rule to
the utmost.
At Ixiruo Balfour also had an cnthusi-islic
greeting and listened to an address on behalf
of the unionists , to which ho doliven-d a
reply appropriate from a conservative stand
point.
Diipnj'B Xeu.Mlnl lry.
PAHIS , April . M. Dupuy , who was asked
to form a new ministry , was in consultation
with President Camot until midnight. Ho
subnillled this list us the new ministry :
Charles Dupuy , premiership and interior ;
Raymond Poincarrc. education ; Admiral
Utcunlor , marine ; Jules Dovelle , foreign
affairs ; KrancoU Viotte , public works ; Al
bert Vigor , agriculture : ( icneral l-oidllon.
war. The ministry of finance lias been
offered lo Paul Louis Peyiral and the minis
try of commerce to lidward IxH'kroy.
A\tlul ShiiiKliu-r.
Kiu JANUIIKI , April 3.-Details have been
received of the b\nlo at Alcgrcto on March
S" , hi Iho stale of Hio Urando do Sul. Tlie
slaOghlor was frightful ; l.fidil troops were en
gaged on both sides. Two hundred wore
killed.and a largo number \\oundcd. The
Htato troops wore defeated and iho revolu
tionists have full s.wav there * . It Is said that
tlio state forces vlll ho reinforced and
another attempt made to dl.slodgu thi > insur
gents.
Movement * of Oeeuu * itimris April 3
At Hlo Jauesio--Arrivcd Catania
- - , from
Philadelphia.
At Boston ArrivedPavonla , tram Liver
pool.At
At Bretnrn--Arrivid Weimar
- - > , from Balti
more.
At ( ilasgow Arrived State of California ,
Irom New York.
At Southampton-Arrived--Kr.-H. from
j JSuxv York.
At New Yirk Arrived-Kalr.rr Wlihelui ,
from HrcMcn , .Scrvia , from LUers > ool.
IT WENT AGAINST THEM
Judge Ricks' Decision in the Oase of the
Ann Arbor Strikers.
MUCH INTEREST TAKEN IN THE AFFAIR
IVIuit tlic .Men Think of the Court' *
.In Appeal Will lie Tnke.il How
tlio Sttimtlon Looks at
1'renent.
Tor.niM ) , O. , April 3. Judge Kicks , of the
federal court , this morning delivered his de
cision on the application of the Toledo , Ann
Arbor- & North Michigan railroad to inako
permanent his temporary injunction issued ,
against the I iko Shore & Michigan South
ern und other connecting lines on March 11 ,
restr.ilninfr thoin from refusing ; to accept
from or deliver freight to the Ann Arbor
road on account of the boycott issued against
the Ann Arbor b.v Chiefs Arthur and Kar"-
gcnt of the HrotherhooJs ol Locomotive En
gineers and Firemen , who wcro on a strike
on that road. The dechton turned on the
arraignment for contempt of eight L-.ilo
Shore engineers and llromen who struck in
preference to hauling Ann Arbor cars turned
over to the Lake Shore road.
Crowded th Court Itomn *
The court room was crowded. The decision
was not as radical as the men feared and
does not assume to compel men to work
against their will. Notice-of appeal was at
once filed on behalf of the men. Juilge Kicks
began by quoting the provisions of the inter
state commerce law forbidding discrimina
tion by any common carrier nirulnst any per
son or corporation in interstate commerce.
He asserted the Jurisdiction of the court ,
though a federal question was not involved ,
and quoted Chief Justice Marshall to show
that a federal judge lias Jurisdiction on such
cases , even though other questions not of a
federal character are involved. Judge Kicks
then proceeded to recite the fact that when
thcappllcation for an injunction was made
to him In chambers in Cleveland , March 11 ,
an emergency existed. Ho had issued a
similar order in 1WI1 on application of the
Wheeling ft Lauo Eric railroad , anil it was
enforced with benelicicnt results against
the striking engineers , liremcn and train
men. The judge held that the roads con
necting with the Ann Arbor road were
clearly compelled under the insterstato
commerce act to receive from and deliver
freight to that road , and as corporations can
only act through agents , it was evident that
the mandatory provisions of the law applied
with equal force to all ollleors and employes
bf connecting roads. He said the authority
of the court to issue such an order had been
questioned , but it rested on well established
principles , and ho quoted in support of his
statement Irom British equity proceedings.
Tliu Court win Lenient.
The court then reviewed the terms on
which the engineers were employed by the
Lake Shore road. They were , ho said , paid
1. ? . " > for a run of 10J miles und
over-work. The time of
extra for - compen
sation begun when they were called to take
engines from the yard and ended when they
gave up their engines in the yard , whether
they actually move 1 a wheel or not. Their
services were due the company from
the hour when compensation began. The
period of service continued during the time
'usually ' consumed in making the run. ' Dar
ing that period they were constantly subject
to the orders of the company and the rela
tion of employer and emploxo was in force
from that time. This was the most limited
time that could be claimed for their term of
service. The court then reviewed how the
engineers and firemen at the bar of the court ,
one after another , quit the service of tno
company when they learned they had been
called on to have loads designed for the Ann
Arbor road. 'The court held they had a right
to quit the service of the road as tliey did ,
and discharged them from contempt , ex
cept Engineer Lennon , whom the court
found did not quit the road's service in good
faith , but that ho pretended to do so in order
to evade the order of the court. In view of
the fact , however , that ho declared under
oath he had no intention of violating the laws
and did not thinlc ho was doing
so , the court would bo lenient with him ,
merely indicting a fine of § . " > ( ) and costs.
The opinion closes with the warning , now
that the matter is well understood , that in
future engineers violating the orders of the
court would bo dealt with summarily.
After Judge Kicks' decision had been
rendered ho proceeded to roan the decision
of the circuit court , consisting of himself
and Judge Taft , on the motion of the Ann
Arbor company asking a temporary injunc
tion against Chief Arthur restraining him
from issuing any boycott order against that
road. The decision , which was written by
Judge Taftgrants the injunction prayed for ,
and declares that if members of the brother
hood , in obedience to rule 1U of thit : body ,
boycott Ann Arbor freight , they become
guilty of a criminal conspiracy against their
country.
\Vlillt tlio .Men Think.
Ask a Lake Slioro or an Ann Arbor striker
tonight what ho thinks of the decisions and
ho will nrobably reply : "Oh , I dunno. "
These words lust about express the general
situation hero at the present time. The
majory of the strikers seem utterly beside
themselves , whether or not they have
gained a point in the controversy , and the
intelligent public is in about the same fix.
A great many seem of the opinion I'-al the
railroads have got the host of the deal , as
much of the injunction against Arthur has
boon made perpetual and the spirit of the
new law promulgated by the court carried
out in tlic conviction of the defendant ,
Lcnnoii. On the other hand , those few
strikers who do pretend to understand the
situation claim that the Injunction against
Arthur does not affect them in the least , in
asmuch as he has no power to call a strike or
order a boycott , and that thodischarguof
the sovcn other strikers is au evidence that
it will bo almost impossible to enforce the
now law compelling all employes , while still
in the service of the railroad , to handle the
freight of any other roail on which there
may.exist n boycott.
The attorneys for the brotherhood assert
that there was no more reason for ttio con
viction of Lennon than there was for the
conviction of tlie other strikers. All the ob
jections made by the court to the charges of
the pro.secution against the other strikers
apply , they say , just as well to locution's
case. The only possible difference , they
claim , is that Lennon w.is on the ro.ul and
In the performance of a contract when ho
quit work. They admit that he might bo
belli responsible for violating that contract ,
but say that in that case the United States
court would have no jurisdiction in the mat
ter , and that if lie were to be held on the
charge ho would havu to bo trieu in crim
inal court and be dealt with accordingly.
The case , their attorneys claim , has not
been finally and completely considered. The
manor has ivsolved Itself down to the old
original question of whether or not the em
ployes of a ro.id shall huvoaright to quit
work when they feel so disposed. In'spite
of all claims to the contrary , the attonie\s
claim that this is the real vital question ,
and they say that if the courts of inst rcbori
decide that employes ihall not have the right
to so quit , the entire system of labor union
ism in this country would bo wrecked , and
that governmental control of the railroads
will nut bo far off.
Important 1'ciliit * .
No evidence has been produced , It Is
chihmil , tending to .show that-uitlier'Mr.
Arthur or any of lus men entered into a
criminal conspiracy. The act of | iiltiln : , '
was , nut. tlifv sa > . done with the intention
of producing db.ibtroiis results upon the prop-
cri.v 01 business of the railroads. If work
men are not to bo allowed to worlc in con
cert for the purpose of securing higher
wages , without being ( htyd liable for crim
inal conspiracy , then ilto strike system Is
done away with forovotv These points nro
all dwelt upon by Judgp Kicks in that most
Imiiortant p.irt of ills decision whcro ho says
that an net when done hyjui individual In
the exercise of a right wfuch may bo lawful ,
but when done by 'a number conspiring to
Injure or Improperly Influence another , may
bo unlawful. One or more employes may
lawfully quit their employers' services at
will , but n combination of n number to do so
for the purpose of injuring the public and
oppressing the employers by unjustly sub
jecting them to the power of confederation
for extortion , or for.ntschief , is criminal.
Of Judge Tuft's decision the attorneys say
that it will practically have no effect upon
the boycott action , Inasmuch as the grand
chief has no jrawer to order a boycott and
compel the members to go out on a strike.
The part of Judge T. ft's decision that is
looked upon as most Important , is , of course ,
that which ho refers to In tno
carrying out of rule 1'J of the
brotherhood constitution and of which
he s.iys : "Alt persons combining to
carry out rule 13 of the brotherhood against
the complainant company , if any of them
does an act in furtherance of the combina
tion , are punishable under the law. This is
true , bvcuu.s" , as already shown , the object
of the c.-msplrae.v is to induce , procure and
compel the defendant companies and their
employes to refuse equal facilities to the
complainant company for the interchange of
Interstate freight , which , as wo have scon ,
is an offense air.iinst the United States by
virtue of section 10 above quoted.
For Arthur to send word to the committee
chairman to direct , the nlcn to refuse to han
dle interstate freight and for the men in fur
therance of rule 1U. either to refuse to
handle the freight or threaten to quit or ac
tually to quit , in order to procure or induce
the defendant companies to violate the penal
section of the interstate commerce law ,
would constitute acts in furtherance of the
conspiracy , which wou'.d render them also
liable to the penalty of the same section.
l.ulior.
But it is said that it cannot be unlawful
for an employe either to threaten to quit
or actually to quit ttio service , when not in
violation of ills contract , because a man has
the Inalienable right to bestow his
labor where he will and to with
hold his laoor as ho will. Gen
erally speaking , this is true , but not
absolu'ely. ' If ho uses the benefit which his
labor Is or will bo to another b.v threatening
to withhold it , or agreeing to bestow it for
the purpose of inducing , procuring or com
pelling that other men commit an unlawful
act , the withholding or bestowing of his
labor for such a purpose is itself an unlawful
and criminal act. The. same thing is true
with regard to the e.XQrciso of the right of
property. A man has the right to give or
sell his property where ho will , butif lie give
or soil It , or refuse to give it or sell it as a
means of iuducing or compelling another to
commit an unlawful act , , his giving or selling
it or refusal to do so is itself unlawful.
Herein is found the difference between the
act of the employes of the complainant com
panies in combining to withhold the benefit
of their labor from it , and the act of the
employes of the defendant companies in
combining to withhold their labor from
them , that isi the dlrte-rcnco between a
strike and a boycott. The one combination ,
so far as its characters shown in the evi
dence. was lawful because it was for the
lawful purpose of sjlHng the labor of those
engaged in it for the lushest price obtaina
ble and on the best terms. The probable
inconvenience or loss which employes might
impose on the complainant company by
witholdinu their labor'wo.uld. under ordinary
circumstances , be a legitimate means avail
able to them for mducln&a compliance with
their demands. Hut the employes of defend
ant companies arc not dissatisfied with the
terms of their cniplqvrarnt. So far as
appears those terms wrk n mutual benefit
to employes and employer. Wha.1 the em
ployes propose to do is to deprive the defend
ant companies of the benefit thus accruing
irom their labor unless the companies will
consent to a criminal and unlawful i.'ijury to
the complainant. Ncithtn- law nor morals
can give a man the right to labor or with
hold his labor for such a purpose.
Ample. Ground * for Iti'stralnlnc Them.
Wo finally reach the question whether , in
view of the foregoing , this court can enjoin
Arthur from inciting , inducing or procuring
the members of the brq'therhood in the cm-
ploy of defendant companies , to carry out
rule 12 and refuse to Jiandle complainant's
freight.Vo have no doubt of it. Lor him to
do so will be to use an { unlawful , irreparable
injury to complainants'und will be to induce
on the part of the employes a violation of the
mandatory order of this court. Either of
these giojnds Is ample for the exercise upon
him of the restraining power of a writ of in
junction. Keason , and the authorities here
after cited , would warrant us in going fur
ther if necessary.
While it is true the engineers in the em
ploy of the defendant companies may not bo
enjoined from qaittlng'tho service of those
companies , there is no rule of equity which
prevents the court from enjoining Arthur
from advising und inducing and procuring
such employes , in pursuance of rule lli , to
quit the service of defendant companies for
the purpose of causing a wrongful criminal
and irreparable injury to the complainants
The effct would do not to compel the em
ploycs to remain in the service of the de
fendant companies against their will , but it
would be to keep from them a wrongful in
fluence which , if exerted , would bo liuely to
cause such an mjury.It Is immaterial whether
the step to be taken hy Arthur is merely
ministerial , us said , or whether it involves
discretion on his part. - The operation of the
rule as against complainant is unlawful ,
will do it irreparable injury and , therefore ,
with the exception already noted , every step
in its enforcement may bo enjoined.
Will Ho Appealed at Once.
Both cases will be appealed at once to the
courts of last resort. The contempt case will
bo taken to the supreme court on the irround
that the defendant was not properly noti
fied ; that he was not subpoenaed according
id law. and that he had not seen the order
of the court or understood its importance ;
that the court has no jurisdiction in the
matter , the plaintiffs both being corpora
tions organized under the laws of Michigan
and there being no federal question in
volved.
The case against Chief Arthur will bo ap
pealed to the circuit court of appeals on the
ground that no evidence has been produced
to show that the defendant was in any way
guilty of conspiracy , or that ha incited any
of his men to enrugo in u conspiracy against
the road In questL.ii.
Chief Arthur Tullis.
CLEVELAND , O. , April 3. P. M. Arthur ,
grand chief of the Brotherhood of Locomo
tive Engineers , \vas | Baited this afternoon
what he intended to dqju view of the fact
that the decision had been against the men
he represented. Mr , Arthur smiled wncn
told about the de.cision and said : "All right ;
I don't know what we will do now. I have
not given the matter a moment's thought.
Hut the engineers will' ' bo all right in any
event. The court does not seem to under
stand what my dutlea'ure. 1 have not got
such jurisdiction over the men as ttio court
may think. I have no authority to order a
strike. The men settle all these matters by
vote , and 1 merely glvo'jny consent , if I see
tit to do so. In , tills case I presume the
court is under the impression that 1 had
authority to order a strike.1
What will bq the oiTect of tills decision in
the injunction suit against you' "
I suppose tlul will enjoin mo from issuing
certain notices jx > the men.1-
"What will you do about that ! "
"Can't tell just yet ; I will not say any
more about the matter until I see the deci
sion in full. " a j.
-Will the brotherhood fight the contempt
case any furthovl"
"I cannot tell you anything about it. "
"Tho Judge has held one of the men for
contempt P
"Yes , so I notice , but the dispatch does
not say what Uioy are going to do with the
men. Just wait until we hoar further par
ticulars and vrkmay know mure about what
can be done in the matter. "
Hot Attay Ml th l-'ilty TliDUKaiul.
BATH. Me. , April il.-W. K. Shaw , cashier
of the Lincoln National bank , Is a defaulter
for 50,000.
/Milor'n HIT o i HIM TMT < vpnn
CAUSED 111 CARELESSNESS
Four Men Killed and Mauy Wounded in a
Railroad Accident.
ORDERS DISREGARDED BY A CONDUCTOR
Thought lln Could .Make n Station llrforo
the Other Trnln Arrlveil-They .Mel
. I III an Awful Crush In u
Dorp Itittlnc.
111. , April ! ! . A terrible
railroad accident occurred at (1:15 ( : o'clock to
night on the Jacksonville Southeastern rail
road about three miles south of Edwards-
vlllo , near Olen C.irbon , a milling village , a
local freight going south and an accommoda
tion going north collided , completely wreck-
itg the freight train , both engines and one
passenger car. four men were killed and a
number of others seriously injured. The
killed are :
( . 'Alt I. AIISPAUOII , na'-senger einrlnerr.
JIM IIAMIIU'.Y , passenger llreiitan.
llt'llVOOI ! .S fielght Ill-email.
Sl'OTTV WKI.S1I , n minor.
Among the injured were :
J. F. VASDBVKNTEU , baggageman , serf.
ously.
WALTHU MiG.uiuin : . engineer of the
local , badly injured , back and head.
TOM MriCr.u.NAN , n miner , both legs
smashed ; they were amputated and ills
thought ho cannot live.
Many others whoso names could not bo as
certained were injured slightlv.
The cause of the accident is attributed to
negligence on the part of the local trainmen.
A change of time was made on the imscn-
ger , making it fifteen minutes earlier than
heretofore. The local trainmen have boon
in the habit of side-tracking their train at
( ilen Carbon. Tonight the local conductor
received orders to side track here and wait
for the passenger train to pass. Ho , how
ever , probably thought he could reach llen !
Carbon in time , and pulled out.
The scene of the accident is in a deep
ravine near n sharp curve in the ro.id.
All the physicians and surgeons of Ed- .
wardsvillc were soon on the scene and ren
dered attention to the injured. The dead
were brought to this city. A wrecking train
is at work clearing away the debris , but the
track cannot bo cleared before tomorrow
night. _
Illoun Into lUrrnlty.
McAi.nsTru , I. T. , April : i. By the explo
sion of an engine on the tracks of the Choctaw -
taw Coal it Kailway company at Wilberton ,
late this afternoon , four men were instantly
killed and their bodies blown to atoms.
The engine was standing on the track
awaiting orders , when without a moment's
warning a terrible explosion occurred , und
the men und debris were hurled in every
direction. The dead are :
KXdIXEEK II' . MUVKXnEU , .
nilEMAN ntKD l--UilKltll'KS. |
( OXIIlTtTOIKJEOUtiE . MAICKAM.
HKAKEMAN HK.NItV LAMMS.
None of the passengers were injured ,
though several of the cars were badly
wrecked. The cause of the accident is un
known.
KL 1'iiti : ,
Tire Jlcn .Jump I'm in Window * at Point
Arena , Cal. , and Aril Killed. i ?
POINT AitEXA , Cal. , AnMl : > . The Grand
hotel and a dozen other buildings , compris
ing most of the business portion of town ,
' .burned this morning. Gus Greaves and
another man juinued from the hotel window
and were killed.
FOIIT Donac , la. , April 3. Crawford ft
Co.'s wholdsale drug store was set on lire by
an explosion this morning and destroyed
Loss. § 50,000 ; insurance ; fclO.OOO.
NCWAUK , N. J. . April 3. The car house of
the Newark ft Orange electric railway at
Kossville burned this morning. Loss , ? 100-
000.
000.BnATliicn
BnATliicn , Neb. , April 3. [ Special Tele
gram to THE BEE. | Fire this morning dam
aged a store building on Court street , owned
by S. J. Parker of Uochelle , 111. , and occu
pied as a harness store by J. B. Parker. The
total loss Is S'J.OOO ; fully insured in the Lon
don and Lancashire , State of Pennsylvania.
Capital of Concordia and the Niagara com
panies. The supposed cause was an electric
wire.
FLORENCE , S. C. , April 3. Fire broke out
early this morning in ttie grocery store of D.
S. Parker , caused by the explosion of a kero
sene lamp. It spread rapidly. At least a
score of buildinirs were destroyed , including
the Central hotel , bank , city hall , Knights of
Pyahias hall and Derrick machinery build
ing. Several firemen were Injured by falling
walls. Loss , ? 'i50,000.
S.M.Il.l. 1'UX IX UlllVlUU.
Three Xcw Cases Iluvo Developed lit the
Pest House.
CUICAOO , 111. , April 'A. [ Special Telegram
to THE BEE. ] There are three new cases of
small l > ox at the pest house. Late Saturday
evening they were located on the West side
by Chief Medical Inspector K. K. Garrett ,
but not until yesterday were their names
made public. Thev are :
Mrs. Mary Undcrllsh , 49 Hastings street ,
CO years of age , condition critical.
Sophia Undcrllsh , her daughter , 21 years
of age , mild form of disease.
Albert Undfrlish , son , til years of age ,
small pox in advanced form.
The premises have boon thoroughly fuml-
catcd and the building placarded.
"It is barely possible that Mrs. Underllsh ,
the mother , may recover , " said Dr. Garrott.
"She lias the disease In the continent form ,
which is the worst stage of small pox. The
cabo of her daughter is not so viiulcnt. Her
chances of rccovci'i are by far the best. She
and her brother are twins. When llio
patients went to the pest house the children
were sent to the quarantine station. Since
the discovery we have vaccinated more than
IHH ) people in the neighborhood. 1 will arrest
the disease if energetic efforts will do it. "
Deiperudo Comea Into a Fortune.
CiinvuNNB.Vyo. . , April 3.-1J.V the death
of an aunt'n ' Brokylyn , a prisoner in tlic
Sheridan county jail here is heir to a fortune
of S100K)0. ( ) The man Is Jim SwIMior , a
regular desperado. Ho is now under con
viction for deadly assault and Is awaiting
the action of the supreme court.
Onniiuiinilrr Seuvillu In Clmrie.
CIIAND ISLAND , Neb. , April ! ) . -tSpcclal
Telegram to Tun BHK. j IJ.iniel Scovillo of
Aurora , now commander of the Soldier's
homo was In the city today and took pos
session , The visiting and examining board
of the homo ( net at the institution today and
permanently organized. M. II. B.irber of
Fullertoii was elected president and Mrs. L.
A. Bates of Aurora secretary. The nome
was found by Comm.inder Soovllln to bo in
need of many repairs and ch.ingcs.
Mxy Pruroliii l.llixatlnn ,
TAIILK HOCK , Neb , April ! ) . [ Special Tele
gram toTnu BBE. | The residence of Mr. M
M. Stover , recently purchase. ! , on the Hay-
wood farm was entirely consumed by lire
yesterday. The insurancn of 51,030 In the
Homo Flro of Omaha had not been trans
ferred because Mr. Stover did not want any
insurance. What the outcome will bo is
hard to determine. The jwllcy is held by
the I ombard Investment company. Mrs.
Stover was In the house and caino near per-
ishingin iho llamos.
Iti'MiiIt nl a I'rulrlii riro.
Br.Avnn Cirv , Neb. . April 'A. [ Special
Toll-grain to THE Ur.K j A terrific gale has
been prevailing from tno northwest all day.
At noon the smoke came rolling into the city
from the northwest It was evident that a
pralrlo IIro wnsrailiii ; with awful fury.
Many business men and others left for the
scene of the conflagration. The llames.
driven before the gale , spread over a large
territory and several farmers are tonight
homeless ns n result. The fire passed to the
southwest of the city and continued Its
course toward Kansas.
i-tn'unr i.iiii : HKMUXS.
Itallroail Ktnplo.M' * anil Iinrii runners IJn-
RamIn u 1'atal I'r.irax.
WKST UNION , la. , April a. A terrtllc battle
took place at Jackson Junction , twenty ,
ini'es from here , this afternoon , between
employes of the Chicago , Milwaukee & St.
Paul railroad and mechanics and farmers.
Miles McGovern and Peter Myers de
termined to build a warehouse in spite of or
ders from the railroad company to the con
trary. Till1 * noon the company sent seventy-
five men to lay r.ills on the building spot to
prevent the building. McGovern and Myers
and a band of farmers resisted , and a bloody
battle took place , resulting In seven or eight
men being terribly injured , one of whom will
die. The men be Mine wild and fought like
demons , using crowbars , hammers , rocks
and clubs. The company did not want to
innke a shipping paint at the junction. Kail-
road employes are now in possession of the
Held.
KlldiMl III" Mhrry In Dratli.
MAUSIUI.I.TOWN , la. , April 3. [ Special
Telegram to Tin : Bm : . ] A week ago Lewis
K. IXivis , tin employe of the glucose factory ,
had his right foot badly crushed in the ma
chinery. The doctors told him yesterday
the limb must be amputated to save his life.
ICarly this morning Davis sent his attendant
after the doctor and while he was gone pro
cured n revolver and shot himself twice in
the body and once in the head , dying in
stantly , lie leaves a wife ami several
children from whom he was separated n
month ago owing to domestic troubles.
I'lltlll ItllllllllHV Ut OttlllllUII.
Om MWla. . , April- : ) [ Special Telegram
to TUB Br.r. . ] Luther Brown , a member of
the undertaking firm of Crisp Bros. , was the
vltUlm of a fearful runaway today. Ills in
juries will probibly prove fatal. The team
of horses , which comman led a standing
fancy price , had their legs broken and were
shot.
Dead III u t'lmlr.
Slor.CITV , la. , April M. [ Special Tele
gram to THE Bu.J : Colonel K.V. . Foster ,
Indian agent at the Yunklon agency , re
turned to his home Friday and found his
wife sitting In a chair dead. The remains
will bo talscn to Bloomington , 111. , to bo
burled.
Killed by I'ullliii ; late.
OnrMWA , In. , April3. [ Special Telegram
to Tin : Bii.J : : At Douds a miner named
Michael McNarus was instantly killed by
falling slate and a score of others barely es
caped being entombed alive. Mcis'arus leaves
a family.
Western ( Irancer * Prove Tim Aluuli for
t'hlraco Sivindleri.
CHICAGO , 111. . April 3. [ Special Telegram
to Tin : Uuu.l ( ieorce Terry was sent to the
Bridewell yesterday by .Iuugo ICerstol on a
flue of 1UJ. Early yesterday morning Terry
and an accomplice attempted to victimize J.
W. Mason of Taylor county , Iowa , and Carl
Doman of South Dakota , farmers who caino
to the city together Saturday to buy ma
chinery "and supplies. . .
Terry approached Mason with a pitiful
tale of l.OWheud of cattle belonging to him
starving at the. stock yards. Ho said that he
came from Kansas City and hud no friends
.here , und that if ho had . * -VJO he could soil
'the cattle to great advantage and repay" the
money at once. At this point Terry's con
federate appeared and offered the farmers a
certified check for $ . " > ( )0 as security for their
money. They promised to go to the bank
and draw their money. Meanwhile the con
fidence men would wait for them at Canal
and Adams streets. The two grangers
rushed to police headquarters , whcro war
rants were issued for the arrest of the men.
When the officers went to serve their war
rants they found Terry still waiting. They
placed him under arrest , Ills accomplice
had fled.
o
TUUUJll.K JX TillC.IIIIXJIT.
CiirlUle and r.rcsliani Ob.eet | to elng
Treated Like. Common Clerks.
CiilCAdo , 111. , April 3. The Tribune has
the following special from Washington this
morning : "It is a little early for cabinet dis
sensions , but the story is alrcadv afloat. A
good many keen politicians , when Mr. Cleve
land's cabinet was made up , predicted tli.it
ho would have to change his ideas that its
members were mcrclv clerks to the president ,
or ho would have trouble at some stage with
two members of it. These were Carlisle and
Gresham. Now it is claimed that the trouble
has begun. Mr. Cleveland has not changed
his notions and he will not let his cabinet
ofllccrs make the appointments in their own
departments without first submitting the
names to him. Probably the stories afloat
are exaggerated , yet the politicians say that
their predictions are in a way to bo verified. "
Julian i : < liert < iiri MUliirlune.
Sioux FALLS , S. D. . April 3. [ Special Tele
gram to Tiic BEE. ] United States District
Judc'J A. .1. ISdge.rton , who was some time
ago afflicted with a paralytic stroke , has
been visited Uy"ii second attack and is not
expected to live.
Vitnktim'H Municipal Kleetlon.
YANKIOS , S. D. , April 3. [ Special Tele
gram to Tun BEG. ] City election hero to
day. Every republican candidate save one
for alderman , was elected. William M. Pow
ers was returned for u third term to the
mayorship.
n-R.iTinn Mniiw.isri ,
Weatcrly Wind * Will Illow and It Will Do
Colder Today In Nuln-.iiika.
WASHINGTON , D. C. . April 3. For Ne
braska and Iowa Fair ; westerly winds ;
colder.
Soutli Dakota Generally fair , winds becoming -
coming variable ; colder.
Loral Keeord.
' OFFICE or TUB WBATIIKH Tlcnmu , OMAIU ,
April 3. Omaha record of tomparaturonnd
rainfall , compared with corresponding day of
past four years :
X803. 1802. IflOl. 1HOO.
Maximum temperature. H2 & 7O nio ails
Minimumtoinporritiiro. . & 'JM = > 17I'J
Avenitro temperature. . 70 = . ' > u = > ° . .GI'JO
1'roclpilatlon 00 J.ai .01 1.00
Statement showing the condition of tern-
peraturo and precipitation at Omaha for the
day and since March i , 189.J :
Normal U-mnoraturo -If'0
Excess for the day - & °
Deficiency slnco March 1 -1U3
Normal precipitation 00 Inch
Dpllcluncy for the ( lav 00 Inch
U IKloiicy March 1 -15 Inch
Ituport * Irom Other Vulnti at H p. in.
IN A TUG OF WAR
Nebraska's Sebatora Eagaged in Settling a
Question of Endurance.
DEADLOCKED ON THE MAXIMUM RATE BILL
Consideration Blocked Under a Oall of the
House by the Opposition ,
TEFFT AND M DONALD WERE ABSENT
Warrants Sent After Them and the Senators
Sleep iu
PROPOSITIONS FOR A SETTLEMENT
llnch Side SiihmlU tin OllVr Wlilrli HIP Other
.Side Promptly lte.ei | < ti It.Ue. Kill
\o\v llelnri ) the. . Seinlu Tor
LINCOLN , Nob. , April J ! . [ Special Telegram -
gram to TUB HUB. ] Thirty-one senators
were present wlion President Pro Tempore
Correll called Iho senate tc order at - ! ! U
this afternoon. Inasmuch as Iho senate
toolc a recess Saturday , the proceedings
commenced tills afternoon where they loft
off at reports from standing committees.
Several bills were reported , after which an
animated discussion took place ovcni motion
to dispense with the special order , which in
cluded all bills relating to the depositing of
state funds in state or national li.iuks.
Senator Graham moved that the senate jo
into committee of tin1 whole to consider bills
included In the special order. The motion
was voted down , Senators Clarke , Kvcrctt ,
Halo and Thomson voting with the inde
pendents against it.
Senator Mattes raise ; ' the point of order
that It would require a two-thirds nuilorl'y '
to dispense wiih the special order , but Pres
ident Correll held that Iho point of order
was not well taUen.
The senate thc'ii proceeded to bills on third
road'ng and passed :
House roll No. ill'd , providing th.it tin1 al
lowance and payment to county treasurers
in counties under township orpani/.ation ,
upon the taxes collected * by township collec
tors and jiaid over to the county treasurer ,
the same fees thereon as are allowed bj law
to county treasurers in counties not under
township organi/ation on taxes collected by
them.
World's I'iilr Hill.
House roll No. .MS , appropriatinir&i.VOlX ) to
complete the Nebraska exhibit at thu
World's fair.
Senate Hie No.'JHI. to compel the use of
safety valves on all lindcrs . , drums or other
vessels or receptacles for carbonic acid gas
and like u-riform substances. ,
House roll No. xTs ! , for the relief of Scotts
Bluff county. The purpose of the bill Is to
reimburse that county for expenses incurred ,
in iryltiKti man for a murder not committed
in thu county.
IIouso roll No. So , for the relief of George
Mauror ; mio-jof the members of company K
of the First regiment of Nebraska National
Guards , who contracted permanent illness
while on the Pine Itldgo campaign two years
ago. The bill elves him $2,01)0. )
IIouso roll No. Ill , to provide for the secur
ity and payment of rebate vouchers or cer- '
tilieales issued by incorporated companies ,
trusts , associations , linns and individuals.
I'lnnged Into Deadlock.
At a few minutes before "i o'clock house
roll No. 33 was reached on the calendar.
Senator Mattes moved that the senate take
n recess until 10 o'clock tomorrow. The In
dependents demanded the ayes and nays ,
and on roll call the motion was lost ; out before -
fore the result could be announced Ugglcstoii
moved a call of the house.
Senator Dysart raised the point of order
that inasmuch as the members are not under
pay the senate cannot compel their attend
ance.
The chair ruled that the point of order
was not well taKcn.
Senator Uysart appealed from the decision
of the chair , but President Carroll declined
to entertain his appeal.
Senator Dale insisted that the chair , hav
ing entertained Oj sari's point of order , was
in duty bound to entertain the appeals , but
the chair still declined to recognize the ap
peals.
The Absentees were Senators McDonald
and Tofft , and the sci-jrcant-at-arms was sent
to bring them in. This was at 5 o'clock.
The doors were closed and everybody nmdo
themselves comfortable , all expecting a long ,
if not all night , siege. Once in a while
some ono would move that further proceed
ings under the call bo dispensed with. Sen
ators KgRleuton , Lowluy. lliilin , Mattes ,
Miller and Scott were always on hand with
their objections , and the doors remained
closed.
Couldn't Itrunlc It.
At 0:15 : Senator Mattes moved that fur
ther proceedings under the call bo dispensed ,
with. This tune there was no objection and
tlie doors were opened.
Senator Mattes then moved that the rules
bo suspended and house roll 33 bo placed on
its tlnal passage.
Senator Dale objected to the consideration
of the motion for the reason that the senate
went into a call of the house on a roll call on
the motion to take a recess until 10 o'clock
tomorrow. The roll call on that motion was
completed but before the result was an
nounced Dale demanded a call of the house.
The doors were nfjain locked and the
deadlock continued.
After tills little Incident nothing occurred
to break or vary the monotony of tin- dead
lock until 8W : : , when the Independents drew
up anil signed the following proposed agree
ment :
1'rolorols Submitted ,
It is hereby agreed by and between the
undersigned to ralso Hie pivxtmt call of tlio
house on the following i-ondmons , vir. : That
linmi.'dlntcly on adjournment or rcce-s of ilm
joint convention Unit cniivcnes on April 4 ,
1HU3 , that the Semite hill : Immediately , with ,
out icec.ss or adjournment , piuivcd 10 dm
thlnl ri-mllns of house roll 33 , and wu further
iiKteo that tliere shall lie no dilatory motions
with said readIng
01 pai-lliimenlnry Inierferimce -
Ing nor no motion made lo recommit said hill ,
hut that the said bill hall bu read through
and placed uiion Its nnssagu and jto lo vote
forthwith with nil pu * lblo spued and no nn-
nccesMiry delay.
The opponents of the maximum rate bill
refused to aicrn the agreement , for the reason
that it contained the provision Unit no mo
tion to recommit should bo made. Not to bo
outdone in the aiireoincnt business , thu op
ponents of the bill submitted the tallowing
to the independents :
Wo , the iiiemheisof thi < Nebraska slate sen
ate u hone opposed to house roll ! I3 , nnri.'O
that If fill Ihei' procecdliiRs undid- call of the
senate lie dispensed \\lth Unit wo will a rou to
tuko a lei-ess mull id < > 'c | < irk tomorrow morn
ing , and tliut UK soon ns tlio joint suasion Is
over tomorrow > will with common consent
UKrec. ' to piocoed with third leading of house
roll ! I3 , 01 , If desired by the advocates of the ,
bill , we aureo to pi-oreed with the reading 01
thu sumo Immediately after the journal Ii
read in the morning and before we o Into
joint session with iho liouso uf rt-prusunta-
tlves.
The Independents rejected the proposition
and the same old deadlock continued ,
llrtiiiglit In 1 ln'lr llpilt.
Up to 11 o'clock nothing had occurred U
vary the monotony of the deadlock. I ng
before that hour a number of tlio Imlepetidt
cut ttrnators had Kent out for bedding , nn-J
then proceeded to settle th'mse.lyes for the
night.
Must of the opponents of the railroad bill
availed tlicinseues of iho permission of thu
lieutenant governor to go home , hut at no
time did the } Icavo loss than tin ol tuel *