THE OMAHA DAILY BEE TWENTY-SECON I ) YEAR. OMAHA , WEDNESDAY MORNING , MAY 10 , 1S93. NUMB EH 22 KM ) TO COMMAND Inagera of the Impeachment Have Plenty of Cash to Their Credit. OF THE APPROPRIATION SETTLED I cision of the Supreme Court Commissioners on the Objections Set Up. InUXG WHERE THE COAL CARS WENT : ich Time Given Up to tbo Examination of the Freight Office Records. S.ERKS OF VARIOUS QUALITIES TESTIFY lurli iv < d < Mir < - Taken In Show tluit C : rK AVrro Clinrii > il mill Nrvor DrllviTuil John Doruuti ICucipi-H IJniUir n Trcliiilditlty for it Dny. , LINCOLN , Nob. , May ! ) . [ Special Telegram | i Tin : Bii : | The state oflicials who appear \ . the Impeachment trial now being heard In 110 supreme court , their hired strikers. Jielr friends and lawyers are all sulking in lielr tents togetnor : they have painted their j ices black , so to speak , nnd their hearts | ro bad. This condition of affairs Is brought ( bout by tbi' far-t that late this afternoon jio supreme court commission filed Its opin- 'ii , holiimg that the appropriation of ir > ,000 Imu'frty.y the legislature was legal , and that Midltor Moore had full authority to draw f nrraiits agninst tbo fund to ilefray tlie ex penses of tin * present trial. For days and weeks the camp followers Jf the accused oftleinls have been malting Jho auditor's life a burden , as they have hounded him on Iho streets , in his oflleo , at Jils home ; their stock-in-trade cry being thai fie had no authority for the disbursement of jtho fund. Nol only did they do this , but jl'iame of them wenlso far as to make threats vi'T.vhnt would happen if Ihoj- were drawn iv-tid iho money paid. Kvcn Tom Benton , the PA auditor , took enough Interest in the twitter to go before Auditor Moore , advising ft'Im thai the iippropriatlon was illegal , ami if.Sit.t ho might get into trouble if ho drew o a-rants ordering the payment of the jnonoy. The auditor , thinking that valor's iocst part was discretion , and in order lo bo pjn the safe sldi' , called the facts eoncerntni : rl-e passage of the appropriation bill to the ji'ttention of the members of Iho supreme Jcourt , and thai body turned It over to the Js.ipromo court commission. null Submitted. , , , Al an early hour this morning a score of [ Jlawyers and the members of the supreme court , commission wended their way to the stiiir house , where for two hours the latter gentlemen listened to arguments on the ques tion The opposition to the appropriation opened by Assistant Attorney General Summers who urged that the donferonco committee had not acted In accordance with the provisions of the statutes ; thai the re- 'ifi'tortho committee submitted to the legis lature WHS not adopted by n yea nnd nay vote. Ho nlso insisted that tbo bill as intended should have had llirco readings in saoh house ou three separate and distinct .lays. This had not been done , and besides the amendments were not printed before the Dill was put upon its final passage. Mr Lnmhcrtson , for the managers , argued [ .lint If the same rule were applied It would iverthrow nny appropriation bill thai was ver passed , as lliero were many ilctns In ho bill Ihnl were put in by one or the other jrnnehcs of the legislature and not named in the title. 11 was Iho inlentton to make the appropriation bill broad enough in its scope to Include n great many things. Ho Insisted thai lliero was no merit in Mr. Summers' argument , and that it could nol bo considered In the casual the bar. The adoption of the Miiendinonts did not require ncs , and liny vote , as the record showed that upon Its passage the Ir 11 had the required number of votes , As originally passed the bill provided for the expenditure of $25,000 to defray the expenses of the Impeachmenl , nnd when it was cut to $15,000 It was certainly good for Mils .sum. He-did not claim that iho bill was good for any larger amount , bul for the rpendlturoof $15,000 It was us valid and g'll as any law upon the statute books. Judge Doanc , in arguing for the managers , urged that the commission must take the aw as the members found it and as inter preted by the supreme courts. The facts would have to bo considered as thojexisted. . , Wlth tlieso remarks Iho hearing was closed , "udgo Doano citing iho law governing such uses. Dn-Ulon ol' tlio Court. This evening Iho commission handed down do following opinion : ; .tato of Nebraska ex rel C. D. Casper el al vs Kugcno Moore. 1 NYlii'iT u UTIKTUI appropriation bill , carry- il ! an Item of $ l , ( ) lO ) for a specific pu posi > 'is duly passed by both houses of the U'sxlslu- 1V1 > < % , bin by a clcilcnl error of an enrolling fieri * Ilic tlb.OiMi was afterward changed to f.C'.IMK ) und the bill was In this condition pre vented to and hlKiii'il by the presiding olllceis of the two huusi'M , and approved by ilio irov- t'l-iior , held : That the bill appropriated llo.- IHIO for tin' purpose siii-clllcd Hieivln. V.lioir u bill has be-on atUsted by Iho Blpimluro of tin1 presiding olllcirs of both biiiin lies nf tlio U'Kl.shitni-i1 , and signed by thu rovi'i'iioiIt will not be lU'dari'd Invalid bi > - cuiisiof irit'culiirltli'S In the proeordlnns of Jln > legislature wlii'ro nopre.ss punl.tlon of the constitution bus been violated -.1 VS'lum Ilio loliriiiils of thu two IIOIISIH of tbo li'iilslutnri' and the arts of the governor clearly maiilfi-st tin- Intention of thu lawmaking - making 1'isiiii ln-s of the government , the Liiurts will ii"l prrinll thii 'ull of tlio people so niiiiilfesti'd to bclhwni'lrd by tbo error or ( lislionosty uf an eniolllni ; cl rk. It follows therefore that house roll No. a < )7. astlui.suimi is now on Illo In Hioolllcn of tbn .secretary of Btatc. appropriated } l.r'OUO for liiipeacfuncnt Oipl'llsl'S. sui fHi-tory lo tin' IVoplf. . . Thotlndlnps of the commission are wholly satisfactory lo the people , who declare lha'l the opposition to the appropriation came en tirely from men who hail made it their bust- nrss to throttle the Investigation and pre vent the facts concerning Iho cell-house Btono nnu the asylum coal deals from over coming before the public. In addition to this , they unhesitatingly say thai U was Ilic method adopted to ptevent the light of day from shining upon the otticl.il nets of the nci used officials. The managers of the Impeachment and their attorneys are pleased with the decl- Men , though ( hey claim that it Is no surprise to them , us all along they have stated that they had the law on their side. While thoj i are not boasting they llrmly declare thai | ! they have scored n victory , al thn sumo time Knoiking out ono of the strongest props upon which iho respondents' cases him rested , Ilimlck on I ho Slnnd. The first witness before the court of im pcachment was li C. Hewick , n lawyer win had rrslitcil In the clly for twelve years. Hi was examined by Mr. I imbertson. "Did jou nnlcr upon an investigation o the affairs of the asylum ! " "Yes , sir ; In IS'Jl ' I was nt work Investl pat I tip some matters when my attention win called to the coal vouchers " Did MHI converse with the respotuVnli nbout what jou illscovered' " Yes , sir ; In February , Ihftj. I , .uno to tin Utah" house , and was intr\Mui < . - .atuine ; dcneral Hastings ; mot I-atu' . MiinUsione Hamphrc.v. wo went to the private oflleo o Iho altorncj general , when tu , j said the1 understood that 1 had some nllldavits whlci ivllected upon the nets of Iho Hoard of 1'ul lu-I inds and Builillnps Isaldihatl bin nniOavlti showing Hint J. Dan l auot steward nt the hospital , had beoi allowed tlP60 for house rent , whlcl was contrnry to Inw. I also had nflldnvils showing Hint the members of the board had not visited the state institutions , when the Inw compelled them to uinkc these visits once every three months , inspecting the books nnd vouchers. Attorney General Hastings pressed me to glvo him the nfll- davits , but ho did nol gel them , as I told him If he wanted them ho could go to the courls for them. " ' ' Ion. Ituwirlt'H C'rcm-IIxnml nut John L. 'Webster on cross-examination asked : "Did you tell Mr. Hastings thai llieso affidavits showed the allowance of Improper claims ! " "Yes , sir. " "Did ho ask you for the names of the parties making the affidavits1 ! "No ; tie wanted the nflldavits , which I re fused to turn over lo him. " "While this pressure was made to deliver these tiflldavlts was Mr. Humphrey pres ent ? " "Yes , sir. " "After you refused to disclose the facts contained in those aflldavlts did you not make some disclosures to tlio public ! " "Yes , sir ; In September. IS'JI I told the public some tbinits " "Was not that for political purposes ? " "No , sir ; li was not. " "During the Ib'JJ campaign did you not hire a hall , pay for it out of your own monov. and there make the disclosures ! " "Idid. " "Did you not make n proposllion to the democratic central committee , o/fcring to furnish your Information to the members } " "No. sir ; Idid not. " "After that , did you not make the same proposition to the independent party1' ? "No. sir : 1 did nothing of the kind. " "Did you not go around the country seek ing to be Interviewed ! ' ' ' No , sir. " "Did you not propose to Mr. Hathaway of this city thai you would suppress what you knew , if ho would gel you a position on Iho committee ! " "No , sir. " " Was you nol called b'iforo Iho board and examined , louchlng what you knowt" "Yes , sir. " "Did you not refuse lo lei the aflldavlts go out of your possession ! " "No. sir ; I told Hastings that ho could take them for the tiurposu of copying , but I did refuse to surrender them to him lo be kepi. " Ills Siii'fuhVi Printed. "Was your speech which you made on Sep- lember'J" . Ih'J'J. published ! " "The Journal of tills city did not publish t , but Tun OMAHA UBIS published U In full , I lilnlc. " "In that speech did you disclose nil that on knew ! " "Not nil ; I did not touch upon the cell ouse.matter. " Did you disclose all thai you knew nboul he Hour and coal at the asylum ! " All that 1 know at that time. " Did yen nK'car b ere the legislative ommltteo for the purpose of examining wit- esses ! " "No , sir. " ' Was jou paid for your services , and , if 10 , by whom f" I was paid by the slnle legislature. " Did you not say to Mr. Hathaway about ho last of September , 1802 , that j'ou would uppress your Information if ho would got 'on a position on the republican central coni- iiittcof" "No , sir ; I have not spoken to II. D. Hath- way , except to pass the time of day , since bout the 1st of April , IKKi. " "Did you stale lo him nbout the 1st of April. IMK ! , that jou would suppress such in- "urination as you had regarding thn asylum f ho would secure you a place on the repub- Ican state central committee ! " Mr. Lambertson objected on the ground hat the question was for the purpose of mpcnching the testimony of ths witness , nd for the further reason thai that matter vas not touched upon In the direct exnmlna- ion. ion.Mr. Mr. Webster withdrew the question , stat- ng that he was mistaken as to the fact. Did not you say about Iho last of March. SftJ , that you would suppress the informa- Ion you had If ho would assist you in ob- lning a political position ! " Mr. Lamberlson objected. Bj- the court : "Wo will allow the witness o aiibwer. " "No. sir ; I never had any such convcrsa ion with him. " Another Kutlimito of Cent. Architect flsk of this cltv testified to a Ix years residence. Witness gave a detailed statement of a number of largo buildings that 'to had superintended. "Havo jou examined the cell house and undo measurements and figured on Iho oslf" "I havo. " -You may state what they are In detail. " "South wall : Kxcavating IT-tyards.c&U'J.tSO ' ; excavating over whole surface , JloU0 ; ! : con creting 100 yards , 000 ; ' V > perch stone. $70.1 , below water lablo ; above Iho water table to top of wall , f I , lift : superficial feet in south wall , 8.TSO feet , utlTi.iK ) . "North wall : 15i'J5 ; feet , $3-17 ; superil- ialfeot , SI.-H7. "Kast wall : 'JO. ) per.h , 717 ; superficial feet f H4. Cellini : lolsts. 12.000 feet , $327 ; roof Joists. PJ.OOO fcot , * . ' ! - ' ! ; two long perlolns , $ ! ' . ( ! ; IS.OOOi feet sheeting , ! 00 ; iron roof , 100 squares , . * 12. ) ; ten valleys , fSO ; corrugated coiling , filOO ; grating windows , $ lbOO : bridg- Inif. < ' ; window frames , 172 ; round windows dews , SIT , " ) ; ventilator , $12. > : iron door , J27 ; trusses , $715 ; painting , $2. > 0 ; making a lolp.l for Iho building of $21,270.50. " "Would th.it bo the building as U stands , or when complete. ! i" Completed. " \Vlllt : liu ri urril On. Did j'ou obscrvo the stone in the build ing ! " Yes. sir. " In the sprlnz of IS'Jl did j-oti know the value of Cedar Creole and Nemaha county stone ! " "Yes. sir. " "What was the value of the stone ? " "Dimension stone , delivered here , freight paid , was worth from 18 to 20 cents. , freight paid and plugged to alia ; dimension stone as it came- from the quarry was 0 cents less ; rubble stone , delivered , freighl paid , was worth from 7 to 8 cents per foot. " "Did you observe of what the south wall was built ! " "Yes , sir : of Cedar Creole rubble. " "Did you llgure on the taking down of the old wall ! " "Ye.s , sir ; I counted that , laid un as one- third the price of now work , as Itero was about that much wasted in taking down the old wall. " -On what basis did you figure regarding labor ? " "Sullied free labor and at the prices paid masons , stone men und helpers during tlio year when the Improvements were made. " 'What do jou estimate tne cost of Iho Ihreo walls taken separately ! " "North wall. * 7,4S'J.aO ; easl wall , f 1,1.17 ; south wall , K'.WJ ; a total of $1,1,215. Tno roof would cost 1,022. " With this the witness was turned over to Mr. 'Webster for cross-examination. Ho asked : Who was with j'ou when j'ou made these measurements ! " "Mr. Gray. " "Did you take Into account other ihlngs lhat might have been bought and used In tlio construction of the cell house ! " "No , sir ; 1 did not. " "Does jour estimate Include the cost of superintendent , tools , old" asked Judge 1'outul on redirect examination. "All but the wngesof the superintendent. " At ) turn Com foniiM Up. Hero the cell house matter was dropped fur n time nnd W. L. I'ickott , n clerk in Iho Burllnglou freight ofllces , testlllcd. "Did j'ou make these copies of way bills ? " ' handing Iho witness a bunch of' yellow paper. " . some of thorn , " answered the witness. The sheets were admitted in evidence , to bo kept for future reference. "When did you make Ihese copies ! " "Last fall. " "Aro they true and correct copies of the books thai were lu the oflleo nl ihnl time ! " "Yes , sir ; thej' tire and were made al the request of tbo agent " "What do Ihe freight books indicate ? " "Tho number ofcars _ , when shipped BII ox si. ' JNII I-AUK.J ENTIRE FAMILY INJURED Terrible Discovery by a DCS Moines Man nt His Home. WIFE AND CHILDREN FOUND DYING lowii Ho.ird of Mcillcikl r.tuuilru-m Mny tHe Itn Dli.nn-tloii In Manlni ; Urrtltlr.itc to Mom Oily Ooinpiililrt ' from tlio I'Hllurrn. DKS MOINES , In. , Miy 0. [ Special Tele gram to Tin ? Br.c. ] A terrible discovery was made this evening in the eastern sub urbs of the city near the State fair grounds. Webb Moon returned from work to lind his wife and two young children dying and n young man named I3d Stewart dead on the lloor of his dwelling. Stewart was n horse trainer and had boarded In the family for several months. When found Stewart's body was clothed as usual , but the woman , stark naked , was lying across the body and the chllnron near by in n dying condition. The woman was unconscious and doctors were called , who hope to s-ivo her life , though there is doubt of their being nblo to do so. The Indications showed chloroform poisoning , though by whom administered or for what purpjso Is n mystery. It was also thought that the woman bad bc-en outraged. iTiuii : > TII I : ito.viti ) . lowii Mrdlnit Kiumllli'rH .M ty II-io Their nisiTotliui In ( IrnnfiiK Ortlllo.tri. Uis : MOINUS , la. , Miy U. [ Spaci-il Tele gram to TUB Br.i : . ] The supreme court this morning handed down Its decision in the long contested case of the Eclectic Medical college against the Iowa' State Board of Medical Examiners. It was an action in mandamus to compel the board to recognize the college and grunt certillcates to grad uates thereof , the board having refused on the ground that the college did not come up to the requirements and standard fixed by the board in its teaching and appliances. The college ofllcors claimed that the board had no power to tlx the standard of a medi cal college , and that the statue was void in that respect. The plaintiff also claimed that the action of the board was bad when there was no eclectic physician on the board , as required by the statute In such cases , and therefore the action of the board was void. The court decides that the law Is constitu tional and valid , that the board has the power to fix the standard of medical col leges , and that there is nothing in the statute requiring any particular s.'hool of medi cine shall bo represented on the board. Other cases decided are : State ng.ilnst Thompson , appellant , Lyon district , aftlnncd ; State against Stone , ap pellant , Hamilton district , alllrn.ed ; Iowa Medical college , appellant , against Schradcr , Polk district , allirmed ; Long , appellant , against Vatican , O'Brien district , modified. l-'oifimil Court ltiiftlm"iH. Dns Moisr.s , In. , May I ) . [ Special Tele gram to Tins Br.i : . ] The United States district court convened in DJS Moines to.lnv , with Judges Woolson and Shlras presiding. The bar docket wan called this morning and a law assignment made. Judge Woolson will have charge of the criminal cases and Judge Shir.is the civil suits. The latter is now engaged In hearing the case -of the Hemenway Manufacturing company against the Council Bluffs Canning company , an action on a contract to force payment for a steam cooker. Judge Woolson und District Attorney Mills empaneled a grand Jury this afternoon ami made an assignment of criminal cases. There are about fifty indictments to betaken taken up at this term of court , but not all of them will bo reached. lowii Kplscnpikllmm n Convention. CEPAH RAI-IIIS , la. , May U. [ Suecial Tele gram lo Tun Bin. j The thirtieth diocesan convention of the Episcopal church of the state of Iowa began in this city this morning with about 100 dele gates In attendance. An assistant or coadjutor bishop will probably bo elected at this meeting. It is the growing opinion in church circles that Rev. Thomas E. Greene of this city will bo selected for Ihis position. In that event Cedar Rapids will become a see city and the new Crnco church a cathedral. At the business meeting this afternoon the date of holding the annual convention was changed from May to December. Bishop Perry in his annual address favored the ap pointment of an assistant bishop. Iti-or jiil/.fd tlio > ump my. SIOL-X CITY , la. , May1. ) . [ Special Telegram to THIS BBI ; . ] A reorganization of the Sioux City Packing and Provision company of this city , which was involved in the recent fail ures by the loss of a K > 0,000 deposit with the Union l/oan und Trust company , was effected today under tlio name of the Sioux City Packing company. Anderson Fowler and Hcwy Stobo of the Anglo-American Pack ing company , Chicago , arc the principal stockholders In Iho new organization. 1'ho King Bridge company of Columbus , O. , principil bondholder of the SIo'ux City Rapid Transit company's issue , which Is now in the hands of a receiver , is prepar ing to foreclose on the pro | > crty , the bonds having been defaulted. MlrKuoiix In Session. D4VDNPOUT , In. . May I ) . [ Special Tele gram to THE BEE. ] For the second time in a third of a century Iho State Dental associa tions of Illinois and Iowa mot this morning at this place. In joint session. The Iowa soi-iety organized hero and received the Illinois society which organized in Rock Island and crossed the river to join it. Daily sessions will bo divided between the two cities through the week. A number of noted dental surgeons are present and u line dis play of appliances and inventions is pre sented. Their time will bo occupied with clinics and discussions. Siiloon .Mmi Du.tgrrr. SiorxCirv. la. . May I ) . [ Special Tele gram to THE UEB. ] Jacob Peters , n saloon man , has instituted n peculiar suit against Joseph Marks , a wholesale liquor dealer , be cause of trouble they have had. Ho has run n saloon \iolation of the state prohibitory laws and bought goods of Marks , who has dealt in liquors In violation of the laws , to the extent of to7."i. Ho sues to recover the amount , alleging that the money was re ceived unlawfully by Ma.-ks. Attorneys be lieve he can recover under the statute. XUT CKKIIITKIt .I/1 Itiiiiuirud Killing of Mend-mint riiimmcr liy till ) \nv-.ijon Not lloltovfd , WAtfiiiNOTos , D. C. , May 9. No Informa tion has been received nt the War depart ment in regard to the reported killing o : First Lieutenant Plummer , Tenth Infantry agent for the Indians of the Navajo agency and army olllcers , therefore , plnco no credence - denco In the report. The fact that the report port came from Durnnvo adds doubt us to Its correctness , as that place is some distance from the agency and is not in direct com municniion with it. lliniii : | toil .liiilKri Tripp. YANKTOX , S. D. , May 0. [ Special Tele gram to THE Una. ] The reception and banquet tendered Hon. Bartlett Tripp , mln ister to Austria-Hungary , by the .bar mid citizens of Ynnkton In this city last ovonim , was OPO of the most notable social events in the history of South Dakota. There were 1C ( guests , many prominent democrats from ul parts of the state. Addresses were mnd by liobert J. Gamble , Judge A. G. Kcllam o the supreme court , Hugh J. Campbell , th well known populist , nnd others , and Judge Trlpp In response spoke briefly. The affair was planned by men of every political party and was nn appropriate expression of the esteem In which Judge Tripn is held by the people of the state Judw Trl left this afternoon for Vienna. DOKSEV'S BUSINKBS TROUBLES. Tlii-y CIHUC thn I'.irtlnl Kalluro of a South OmiluiH'Irm. K.x-Congressman O. W. K. Dorsey seems to have gotten into dec ? ) water , financially. The recent failures In Sioux City are under stood to bo responsible for Mr. Dorsey having been forced to the wall at this time , ho having recently placed $ iT,000 at the dis posal of the now defunct Poncn banlt , in which he was n stockholder , and which was connected with sjino of the Sioux City con cerns. Mr. Dorsey has filed mortgages on real estate at Fremont to cover his Indebtedness to the Farmers and Merchants National bank at that plai-e. amounting to ? .M',000. The property mortgaged will bo dee led to the bank and sold , nnd the proceeds devoted to liquidating Mr. Dorsoy's indebtedness to the bank and other creditors , the balance re maining , if any. to bo turned over to him. Mr. Dorsoy through the mismanagement f those to whom he has Intrusted his busi- css affairs , of Into yours has been made to uffer considerably , but ha has lately HO dls- losed of his property as to protect his riends and himself as much as possible. nd hopes to pull through his present crisis 11 right. He was in the city yesterday , but ould not be interviewed on the subject of its financial troubles. Another indication that Mr. Dorsey is be ns crowded In a financial way was theclos- ng of the business of thn commission firm f Dorsoy Bros , it Co. at the exchange wilding yesterday. Manager Marsh was ecu by a reporter for Tim BBI : at his olllco ast night and asked for Information in re gard to the rumored failure of the Inn. lie said : "Dorsey Bros , have gone > ut of business , and that is all there Is about t. No person will lese a cent by their olng so. The firm simply decided on this ourso to prevent any property belonging to heir customers being tied up. As oviry ne knows , these things have been piling up n G. W. K. Dorsey from day to nay , and as \ protection for onr customers wo have urnoil over our business to another firm. " Mr. H. H. Dorsoy was present and stated the llrm had gone out of the stock nisiiiess and would devote Its entire atten- 1011 to banking In the future. This much vas all the Information ho had to give out. McLoud it Love Is the firm that will take ip tlio business where Dorsey IJros. it Co. eft off. In addition to the $2.,000 mort- 'age given to the Farmers and Mer- haiits National bank of Frelnont , he gave a mortgage to Emeline Be'iiton of $14.100. The olloiving real eslato deeds , given by Mr. Jersey to parties named , werollled in Dodge. ounty yesterday : Hanover National bank of New York , ) , OOJ : John Dern , W.-WO ; Jnited States National bank of Omaha , * TOl)0 ) ; Saunders County National bank of Wahoo , $ r,0.)0 ; Sarah C. Dorsoy , S.VJJO ; Cor- leln Bunnell. S3.W ) ! ) ; F. A. Cody , jr. , $1 , < KK ) ; Sarah F. WaKlnor , $2.0)3 ) ; Charles S. Davis , - IIANK Of VICTORIA CMHit > . Another Important l-'ullure In Au tralln \Vl.li Inimriisn l.lablllt < > j. MEi.noru.NK , May U. The Hank of Victo ria , limited , has suspended. The statement made last December showed deposits of 7,000,000. The fafluro is a very important one. The bank has many branches and a jondon ofllcc. The capital of the bank is : 1,200,000 and the llabilitie * ui'o double that sum. I IB I'llllliro Absolute. CHICAGO , III. , May ' , ) . The doors of the Chemical National bank in the New Ilnrt- 'ord building remained closed. National Junk Examiner Sturgla said this afternoon : I think that n resumption of business is not at all likely. " Mr. Sturgis gave assur ance to the depositors that they would not .oso anything. "Tho people will ho paid in 'ull just us soon as the olllcers can lind out where the bank stands. " The World's fair directors have made ample provision for the payment of all foreign commissioners and foretell exhibitors who hail deposited funds in the fair brancli of the bank. They will bo paid in full and it once from other banks. In addition to this , thirty Chicago men , representing a total of as many millions of capital , have personally guaranteed thOj payment of all moneys due to the foreigners. I'urm lniv.it U-oi'ivora Appallltod. NKWAIIK. N. J. , May 0. Frederick K. Day > f Elizabeth and Hernvin 'Claru of Now York were today appointed permanent re ceivers of the United Paper company by the vice chancellor. The motion for n perma nent receiver was made by Mr. I-i. E. Mon tague of Chirks county , the principal stock holder in the proiKiscd Tissue Paper trust , which was unable to succeed Dceauso thirty- eight of the fifty tissue paper manufact urers refused to go into the combine. The receivers were required to give bonds to the amount of 8150,000. Last week Mr. Day was appointed tempo rary receiver. The principal creditors of the company wore announced to bo L. E. Montague , Jr. , K. M. Fulton and Wallace B. Smith , who were all connected with the National Cordage company. Short In llU Auciiniitn. CIIICAOO , 111. , May 0. County Treasurer Ivcrn said today that his cashier , Felix Schweisthal , took ttOJi ) in sums of * 5,0.J ) to10,000 , to tide alons Michael Schwolsthiil , the banker , who failed some time ago. Michael was a brother of Felix , and both thought the banker's embarrassment would only prove temporary. Felix turned over J30',000 In real estate in restitution , ana County Treasurer Kern refrained from crim inal prosecution. The matter became public tills afternoon through the refusal of two of Felix Sehwoisthal's boa-Israeli to make goo I the balance of the shortage. The recalci trant bondsmen are M. A , Divine and Ber nard Ba-slng. They will bq at once sued for the amount , so County Treasurer ICern srivs. II , II. Witriiftr'M Ulj Fnlltirr. NKW YIIIIK. May 0. Itj II. Warner's at torney , Mr. Brlggs , says that Mr. Warner's liabilities will amount to xovcral hundred thousands of dollars. Business men esti mate them at $ . " > 00,000. - His assets consist ot his interest in the H. H. Wnrner company of London : the H. H. Vnnicr company of Rochester ; the Industrial and Mining Guar anty company of Now York , and other con cerns. He owns 41,000 shares out of a total of .Vi.OOO shares of the Warner company of Ixnulon , the capital stock of which is ยง 2,000- 000. his holdings in other companies are not so large. Mr. Warner's homestead and other pieces of real estate are under mortgage of * 1,000- 000 to the Bank of Monroolcounty. Culifornm'a Illg l' ' lluro. SAN FHANCISCO , Cal.- , May 9. The failure of the State Investment and Insurance com pany of this city , heretofore telegraphed , seems complete. Suit has been commenced for$10O.X ) , which mil doubtless throw It into bankruptcy. The company has no funds , owes $200,0X ( ) nnd is restonslblo | for unoiirncil premiums of over S2M.OOO. Its principal assets are $200,000 of outstanding premiums , most of ivhich are uncollcclnblo. Nearly ul of thu remaining assets have been hypothe cated for loans. The Insurance commissioner says tlint the only salvation for the company Is to reinsure with some giber company. It is expected that the attorney general wll proceed against the company. Attiu-hed for JMOO.OOO , NEW YOHK , May 0. Sullivan und Crqm well , lawyers of this city nnd counsel of the I ind and River Improvement company o Superior. Wls. have , on behalf of their clients , placed an attachment of flOO.OOO 01 the West Superior Iron and Steel company. They caused the steel work * to ihut aown yesterday morning. FINDING FAULT WITH ECAN His Course in Permitting Pugitivo Holly to Escape Questioned. THINK INSTRUCTIONS WERE IGNORED Clilllnn ( Illli'liiU Dcilrc-tn Kuiiw Whit Src- rntary ( ircklmm I'ropnnug tn 1) Alioiit tlin Arllnn oT tliu .Min ister In 'I'ciU Cane. J < tm i Gordon Ilennstt , } Chili ( via Gnlvcston , I'cx. ) , May 0. [ By Mexican Cable to Iho New Yorlc Herald--Sueelnl to TiiGBuK.l At the Clitlian foreign olllco 1 was tnformsd today tliat on April 20 tlio Clilllan government sent a cable iltspntcli to the Chilian charge d'affaires at Washington instructing him to communicate to Secretary Grcsham nil the facts in connection with the action of Minis ter ICgan in ] giving an asylum to Hlondlot Holly and ex-Colonel Fucntcs , who were charged with violating the laws of Chill , Ho was tel 1 to explain to Secretary .Greshnm that the sheltering of these men was contrary to public policy and that Min ister Egan , in permitting Holly to es cape , had not complied with the Instructions of Secretary Grcsham when ho Informed Minister ICgan that an asylum should not bo granted to common law breakers. The Chilian charge d'affaires was instructed to lay these farts before Secretary Grcsham because the Chilian minister of foreign af fairs believed the United States government did not fully understand what had been lone. The charge d'affaires had cabled to the Chilian government copies of the instrtic- ions given to Minister Kgan. According to hose copies , Minister Kgan was instructed o surrender llolly tand Fuontcs to the Chilian authorities. Intcrprutittlons 1)1(1 Not Agree. Minister Iran's interpretation of his In- tructions differed from those contained in liu copies sent to the Chilian foreign ofliee le claimed that he was simply to discoti- muc affording them an asylum , unit that it vas no part of his duty to surrender them as > risonera. This difference of opinion as to the con- luct of the Chilian minister of foreign ilYalrs. and the charge d'affaires was , there- ore. Instructed to present all the facts to Secretary Grcsham. No reply has yet been eceived from Secretary Greshatn. The Chilian minister of toreign affairs old mo today ho was astonished by he failure of Secretary Grcsham to reply to Us dispatches. lie Is fully convinced that Minister Kgan trnve an incorrect translation of the instructions which were sent to ilm in cipher. The dispatch from the Chil- an charge d'affaires s.ild plainly that Secre tary ( jiesham told Minister Kgan that the Jnited Slates government did not recogni/.o the right of asylum to criminals charged with offence against the criminal laws of the country. In view of the fact that Holly was allowed to escape and that Fuentes was Ulowed to attempt to get away the Chilian ; overnmont is anxious to know what Secre tary Gresham proposes to do about it. Dvta'lH of tlio llitilo Not Known. The Herald's corrcfipondont in Artigas ; olegraphs that it is impossible to ascer tain the true story of the battle which was fought last Friday be tween the revolutionists and the government forces near Uruguayana. \ ietory Is still claimed for each side , ilthough It seems probable that the revolu tionists defeated the Castilhista cavalry and then ivtircd in groups and reassembled near Serra Cabcro. The losses during the battle are variously estimated at from 100 to 500. It is reported that General Saraiva has reached Santa Victoria. Ho has cut the telegraph wires and it. is impossible to lind out what really did happen. A dispatch Irom the Herald's correspond- out in Buenos Aires says that President Pena has offered the portfolio of minister of foreign affairs tooballos. . Other members of the cabinet are opposed to Xeballos. They favor Qiilrino Costa and declare that lie is more deserving than Zoballos , who does not favor the sottlemcnlof the Chilian boundary question. NIc iriiRilil ItovohillolilHtH Ac-llvo. SAX JUAN nut. Sun , Nicaragua ( via Gal- vcston , Tex. ) , May ( ) . | Uy Mo.xiean Cable to the NewYork Herald Special t' > TUB HUB. ) The revolutionists against the power of President Socosa arc rapidly gaining. They have taken possssion of this port and con trol most of the country between hero and Granada. That city , as 1 have already cabled to the Herald , is in the hands of the insurgents who also hold Hivos. Masaya , Jinotcpe and Matagalpa. Telegraphic com munication with the capital has bjon cut otT and it is not possible to learn what is being done around Managua. It is reported , however , that the capital city is under siege and ttiat several engagements between the government troops and the insurgents have taken place. The revolutionists are rapidly gathering arms , enlisting troops and collecting money. Their army is gaining in numbers daily. Many of the leading merchants have openly declared their sympithy for the revolution ary cause. Amen ? the laboring classes great enthusiasm is shown. It Is quite evident that the outbreak is the most serious one which has taken place in Nicaragua for many years. Tlio war may last for some time and it promises to be a bloody ono. ' 1 rouble In ( uli.i. HAVANA May ! > . -New [ York Ilorald Cable Special to Tin : BEE. ) There is increased excitement In the province of Havana owing to the danger from an unexpected source. Manuel Gaivia's band of guerrillas encamped on Sunday near Mulina and immediately began a scries of depredations. Thoj made a dash into the town yesterday and raided the place. 1'arm houses were pillaged and many defenseless persons cruelly shot down. On receipt of the news at the capital a force of government troops was ordered to pursue the bandits. They arc now advanc ing on the encampment. AHIK.I / > . ! ! ' AT VlllVAdO. In llc.tinn * that tlin Occublun Will lit an Int 'ri'Mliiir IViiturn of th" 1'nlr. CincAtiu. III. , May 0. [ Special Telegram to THE BKB. | Complete details have not yet been perfected lor the celebration of June 8 , Nebraska day. Commissioner CJcneral Gar- noau has already commenced preparations and for the past few days has been in Omaha to perfect the plans for a rejoicing such as will impress upon the representatives of every nation in Christendom , as well as Chicago , the fact that there is such a state as Nebraska and that it can whoop things up at this Columbian exposition In real west ern stylo. Colonel Cody and his Wild West will bo conspicuous participants In the feto. Majoi Hurko. Buffalo Bill's general manager , told THE BnE'n correspondent this afternoon that ho was going Into the Nebraska celebration with a whole heart , and remarked that ho felt certain the state day would bo the daj of nil days during the whole fair season. The arrangements have been loft to Mr ( Jarneau. As nt present mapped out thn plat is for the whole Wild West collection of riders from all parts of the world to act us an escort to Governor Crounso. There will bo the Cossacks , Gouchas , Indians Knglish troopers , Arabian warriors , li fact. nearly every nation's lighters will bo uniformed and mounted. 1 has not jet bean so do-idtil. but u parnd ( from down town is contempl tod. < 'alone Cody has already begun advertising Ne braska day with big colored lithographs showing himself mounted and escorted by a federal cavalryman bearing th * United States flag , and a state trooper carrying the tandard of Nebraska. ItKt'VJIl.lCAXS AT l.OUINt'll.l.ll , They Arc Coiigrrcntliic at tlio KrntiirUy Mel rdpolln In l.urnci Niiinlirrn. Lorisviu.K , Ky. , May . U Is doubtful If his beautiful metropolis of the Hluo Grass tale has ever had within Its limits a larger lumber of republican voters th'in It has to- ilght. The members of the National Kcpub- Ican league are congregating here for the innual convention of that organisation. Cvcry train tint has cntere.l the city today ins been loaded down with thorn , so that to- light it Is estimated there tire between 2.500 mil it.OHl ) republican visitors hero from nil over the union. Anido from the convention of the National { epublienn leacue there are two additional attractions to republicans. The republican latlonal committee will bo hero tomorrow , md Thursday thn American Republican 'olli'RO league will hold its annual session. 1'ho national committee will meet for ttio mrposo of discussing and outlining a policy to bo followed b.\ the parly. There lias been a good deal of talk In the lotel corridors Unlay th.it trouble is brow ns among the nmmbors of the national com- nlttcc over the retention of Thomas I. Carter of Montana as chair- nan. Hcforo the campaign of ast fall , when th. ' national committee met md elected Mr. Campbell , It was found that ic would have to resign. Before adjourning he national committee adopted a resolution isklng the executive committee to choose a successor. Mr. Carter was chosen. It is Maimed by some of the cotnmitteemon that 10 was selected to act only during the cam- iaign , and , as that is now over , ho should ivithdraw , as Montana has a regularly so- ccted delegate. The national committee will meet tomorrow forenoon at II o'clock. The National League of lie-publican Clubs will meet tomorrow and elect ofiiccra Thurs. day. Tlio Lvaeuo of College Republican Clubs will meet for the same purpose Thurs- Iny afternoon. Candidates for the presidency of the National Republican league are becoming iiimerous. It Is announced that Trumbull of California is in the Held. The delegation irrivcd from that state last night and do- idcd this morning to put him in the Held. U Is also announced tint cx-Sonator John C. Spooner of WIs- onsln will contest for the ofllee. The Illinois delegation will como in a body to- ilght witli its candidate , W. W. Tracy. The 3hlo delegation is trying to capture it for Squire. It is reported that M. II. Do Young of California will make a light for the uhair- nanshipof the national committee , tnough .his is denied in some quarters. Ho is ex acted to arrive tonight. . \UT ix ir. Mlm Coiu.liis Ab-mluli-ly lluloil Out of ili'i Uorlil'it ruir MitiKiijcMicMt. CHICAGO , 111. , May 'J. Since the day Prcsl- Icnt Cleveland opened the fair by the pres sure of the telegraph key there has been no lay that the attendance was larger and the weather more propitious for visiting the White city. The judiciary committee to which Miss Couins' claim was referred brought in a report to the national commission , slating that under sections 2 and . ' 1 of the act of congress , creating the commission , Miss Cou/.ins cannot bo regarded us in any sense n member of the commission , and as a logical sequence , cannot be permitted to participate In Its proceedings or exercise any of the rights and prerogatives incident to member ship thereof. Whether or not Miss Cou/.ins will make further efforts to bring the ques tion up agadi romnins tn bo seen. The first committee to report this after noon was the committee on fisheries. The work of Insta'lailon ' in the Fisheries building is so far advanced that the committee had no hesitancy in saying that the result would ho highly satisfactory when the exhibit is completed. The committee on live stock made a report which is not at all encouraginu' . According to the report , not a single exhibitor is yet in attendance , nor are there any exhibits. The date of entry for horses and cattle is , there fore , necessarily changed from .lime 15 to July 15. and for sheep from July 1 to Ausust 1. The mines and mining exhibit probably is the most advanced on the grounds. Tlie In stallation of the exhibit is almost complete. In the foretell section several of this largest displays , including New South Wales , Ger many , Great Britain and Canada are nbout us they may bo expected to appear during the summer. Russia , Mexico. Japan , Cape Colony , Brazil , France , Austria , Greece , Italy , Spain and Chili have each completed their furnish ings and artistic arrangements , or hnvo in stalled a largo part of their exhibits. In the domestic section all the states along the main avenue are active. A committee of six was appointed to in vest i'fate , as far as may bo , the affairs of the Chemical bank and report to the com mission as to the advisability of permitting the bank to resume business upon the grounds of the exposition. it.iiuto.tn They Mcrt In lllt'iin'iil ScHHlou nt Toll-do , Ohio. TOI.HUO , O. , Miy U. About l.SOO delegates are hero attending the biennial session of the Order of Railway Conductors , including their wives , who have an organization known as the Ladies' auxiliary. Tlio opening - ing exercises occurred in the People's thoitor. Mayor Mujoi opened the ball with a brief word of welcome , presented tlio keys of the iltv to Grand Chlof Conductor Clark , and then introduced Governor McKinley , who came from Columbus expressly to maUo the connut'tors welcome to the sfito of Ohio. He rncoivird a perfect ovation as ho stopped for ward. His twenty-minute speech was largely devotoj t' > a review of the growth of the railway system of the United States. Grand Chief Conductor Clark replied in fitting words. Ho was followed by Hon. ,1. M. llrown of this ritv in an address on "Organized Labor. " in which the contest bo- twecn capital and labor was discussed from the point of view of the golden rule. The next address wast by Assistant Chief Conductor Watkins , who was followed by Chief Sargent of the llrotherhood of Loco motive Firemen , who is hero as the guest of ho conductors. The closing speech of the reception was made by 10. U. Coinan of Portland , Ore. , who Is the wit of the order , and elicited rounds of applause by his happy lilts. After ad journment Governor Mclvinloy and the grand oftlcors were entertained at luncheon by Mayor Major. The governor returned to Columbus on the evening train. At ! ) o'clock the real work of the conven tion began in secret session at Memorial ball. Tonight the Ladles auxiliary is hold ing a reception for the conductors at the hall. The convention wl'l bo in session Iho remainder of the week. SlovoinenU ol Ouran .Sle.unem .Mny 0. At LUard Sighted Missouri. from Philadelphia ; Teutonic , from Now York. At Southampton Arrived Chester , from New York. At ( Jueenstown Arrived Nevada , from New York. At MorllloArrived Clrcassla , from New York. At Boston Arrived Philadelphia , from Liverpool. At Now Yorlc Arrived Vcra. from Hrcmen ( smallpox aboard ) ; Kiilser Wilhelm , from Genoa ; State of Nebraska , from Glas gow. gow.At Hamburg -Arrived Wleland , from Now York. Now York r.xrlmnicc iJunfntloiiPi. NEW YOHK. May'J.Special [ Telegram to THE HUE.- ] Exchange was quoted as fol lows today. Chicago , b'J cents premium Boston , ITfulO cents discount ; SI Louiu , IX cents premium. _ _ _ Il loiii ! III Oregon. An insane man .i.imed Joe Ryan , recently from Oregon , found wandering about near Fort Ouiuhu yesterday , was gathered in bj the police , and is confined in the city jail. RATE WAR ON IN EARNEST Jniou Pacific Moots t'ao Out of the Rio Grautlo Western. LOMAX SAYS IT IS TO A FINISH Ho Will Miiko a 81 U\lrtroni : S.ilt l.nko to Uniilii ir .Nci-c- .iry-SilU-Horii Dli. ( -usn the 31 : tutu urn. Ono hundred thousand dollars , it is bought by those who are in a position to udge , were lost by the Union Paclllc during the first two weeks , if th Atchlsjti-Midland mil Rio Grande rate war in Colorado , and it las only been within the past seven days that the holes In the sieve have been stopped , and revenues ha vo once more com- nenced to How Inlo the Union P.ieitlc irons- iry. Tills Is duo In great measure to the ac ton of that road in meeting every cut made by the rival "Centennial stato" lines. Hut while the Union Paelllc has met the ate from Colorado common points to the Ivor , a very formidable enemoy in the Rio Irando Western has been cutting rates from .Hah common points until the Union Paclllo las at last been forced to meet the reduction offered by the Western to Colorado common ) oints. For ten nays Mr. Bennett of the Ho Grandi ! Western has been using his nileago Uioks in conjunction with the cut ales from Grand Junction , sending passen gers through to Denver for ? 'W. ur thero- ibouts , for round trip , although lie has pub- Icly quoted a rate of . ' 15 for the round trip and & ! 5 one way. lla llrromciV > rMiiH- . Mr. 10. L. Ixjinax has seen his earnings hvindlo into nothingness through the work of Mr. Bennett , although the bitter has con stantly professed the warmest regard for .ho Union Paclllc , and oven went so far as to siy tnat he would protect the latter at all points. But Mr. Bennett t'lo.t ' the technical ground that he could not withdraw bis mile- ige books , which were goo.l over the entire [ { 10 GiMiulosystein , nor would bo advance the late locally in order to protect the. tariff. This situation has confronted Mr. Lumax for lays. IIo has HCCH the Rio Grnndo Western scooping the business until at last tired of imlling Mr. Bennett's chestnuts out of tlio lire , ho entered the rate war arena jester- day , announcing a rate of till from Utah common points ono w.iy to Colorado common points , and $ :0 : round trip , good lor con tinuous passage with a thirty day limit , the rate to go into oii'ect this morning. Of course the Rio Grande West ern will meet the rate , and , nc cording to Mr. I max , "will burden tlio Associated press wires with highly colored stories reflecting upon the Union Paclllc and classing it as a 'groat rate dcmor.ili/.er. ' Now that I am in it 1 propose to stay witb these people who have played fust and loose witli mo until something t'ives 'way. 1 liavo maintained as long possible the position ) f mediator. 1 have sent o.OUl ) words in telegrams to the poopio to main tain the agroed-upon tariffs. 1 hnvo prayed , supplicated , entreated , but all to no purpose. 1 premium 1 hnvo oven been laughed nt for pursuing the conservative policy that has been n governing feature of the Union Pacific in this contest , which I consider the most senseless in the history of railroad management. U has not u smglo argument to stand upon , and if the Burling ton and Rock Island would have remained neutral the light would nevnr hnvo sono beyond the boundary of Colorado. Uut with these roads 'len.llm. aid and comfort' to the Rio Grande , the war has extended over the transmissourl territory and promises in the next twenty days to find its way Into the heart of the White city.1 "Should Mr. Dennett use your rate of fll ! from Utah points to the A issouri river and make a corresponding reduction in the rates now In force , what \\ould the Union Pa cific do ? " HP Will Not Mlnru Mattorfl. "If Mr. Bennett goes to monkeying with my rate effective in the morning , by using- it as a basing rate , I will recommend that the Union Pacific put in a rate-of $10 to the river that la to some point in Nebraska where the sum of the locals is equivalent t $10 , and then if that does not bring these In dividuals to terms , 1 will strike bedrock with a $1 rate. A big , round Iron dollar from Ogden and Salt Lake to the river ! The sooner this thing Is ended the better , and the only sum mary way to end it is to strike bsdrook nt the first jump. "Ihavolaid the whole situation before Mr. Dickinson , anJ undoubtedly ho is in communication with Mr. Clark. 1 do not propose to do anything > hustily : and then gut jumped on as being entirely lee fru.sh. But it is the tiling to do , now that all overtures have been rejecto.l , and the sooner we un derstand ono another tlio better. Tlio Union Pacific is tlio only through line from Ogden to the Missouri river and I am in n > position to maicu the rates named , if the pee pie in Utah and Colorado do not urrivu ut an understanding veo soon. "Ono of the remarkable features of the Ilirht in Colorado is that less than UWO ( people ple have a railed thomselviM of the cut rates to attend the World's fi.tr , whereas the general supposition Is tti.U the whole state of Colorado has been depopulated In consequence quence of the war hotw.'cn the Midland and the Rio Grande For a whole week the question of rates from Colorado common points was dlsctibsivl In Chicago. I voted oil all siilca of the parallelogram , hoping that something satlbf.ictory might come out of tlio wilderness of proportions , and when finally the rate of till was agreed upon it was thought that everything was amicably settled , although it was my opinion then that it was too high. But the very roads instrumental in mailing that rate , the Burlington and RocU island , are the first to enter a combine to hro.ik it. It is easy to lu si-en who is rcspoiiMlilo for this chaotio coirlition. " CcNi-iul Sum-til In Protpdct. "Will not your rates have n tendency to lessen the rates to Ctiicngo1 ! "Unless good sense takes the place of non sense they will , and if rates do not RO skyward in the nnir : future they unddubtedlv will whim thn Atfliixon puts in operation its rate of ( iii.ttn from Kan sas City to Chicago and return. Tills will be a blow at Iho Burlington anil , of course , Omaha will Join the procession. The future is by no means roseate and the sooner wo strike bedrock the better for everybody concerned. " _ Ull.l. CONVKNU TOIIAV. ( 'niin Tor Ilia Coiulilrr.ltloo of ( he Inter- htutn Omnium' ( /'iiiiimU'iloii , The Interstate Commerce commission will convene at 10 o'clock this morning In the postolllco building in this elty. Commissioners Morrison , Vonzoy und McUill , with Secretary JO. A. Moso- ley and Special Agent Krotschmer arrlvcdiln Omaha yesterday afternoon to begin Inquiries regarding allowed Infractions of the Interstate uommarc law by the Union Paclllc , Southern Pacific and other lines. The commissioners eatne here from Sioux Falls , where they examined the merits of n suit Instituted by K. A. Daniels , a local merchant of that city , against the Great Northern and Sioux City k isoi'thorn fur charging S per cent more for freight from Duluth to Sioux Falls than to SIuux City , allhoiigh the distance Is seventy inlloti less ; ami anjthor suit against the Rock iHlnnd , Burlington , Cedar Rnpids & Northern ami thcSiouv t'itv it Northern for charging h per rent moiv for freight from Chicago to Sioux F.ilN than to Sioux City , although the distin > > i- . nixij miles loss. Three iuwi vvi'l ' Ut.lun up hero , two br. < > ii > nt ljj > A J ( j list in a rusldunt of Kearney , against the I nun Pacific anil Southern Pacific , alleging discrimination