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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 16, 1893)
THE OMAHA DAILY BEE. TWRNTY-SECOND YEAR. OMAHA , TUESDAY MORNING , MAY 1(1 ( 1893. NUMBER 230. JSTA1NED THE GEARY LAW I'inamen Who Wiah to Ecmain in the United States Mint Rtcistsr. | : CISION OF THE HIGHEST TRIBUNAL [ 'Slits ' of Crlc tlil III the llnltrit Slntcn UrHnrtl l y elm Supreme Court Other Dot Mlinin of Importance that Hum Itcrn .Muilu. . I ) . C , . May in. The supreme urt today , thiough Justice Gray , sustained jo decision of the Now York courts In Ivor of thcconstltutlonillty of the Goiry 'llncso ' exclusion act. Chief .lustlco fuller , [ istlcc Brewer and Justice Field dissented. iTlia nnnouncmctit of n decision In the case , V.IH expected , attracted n largo nttcnd- lieo 5 * spectators and attorneis , Including Ltoracy General Olnoy , Solicitor General lldrlch ar.d Senators Pugh , Uolpli and locbr.in. f Justice Gray , In announcing the Judgment the court , silJ tli.it the power of this iulon to icstiict or prohibit the Immlcr.i- [ on of aliens Into the country , or to require jich aliens already In the country to totnovo Jierofrom , was a well settled pilnciilo | of in- rnatloual law , continued liy an unbroken ncof decisions In this court. The leglsla- jive irower of the goveinmont his not tians- r-ndcd any of Its constltutlon.il limitations ( i the act under conblder.Uion It was within B power to determine the regulations under liich these aliens mo to be jiounitted to ro- ( min In the United States , or f liling to ob- Sorva thcso regulations bo requited to lca\o jr'io ' countiy. I'rliirlp-il Oiirillon I' The question pi cscntcd was the constitu tionality and effect of the sixth section nf the ct entitled. "An Act to Piohlblttlia Coming f Chinese Poisons Into the UnitLd bt ites ' " . 'ho Justice HKetehed the pioiisionsuf llio ivv rapidly and then pioc ceded to s iv that t was pei fee tli well settled : it was one of bo fundamental piinciptcs of tlic law > f nations that cver.Indepciulent nitlon mil the Inherent light to keep aliens out or Ut territory and to oulu1 them to got out of ts tpnltory. 11m power publio wclfaic do- naiulcd ; that power exists in tune of war nd equally so in time of peace anil has ul- a > 8 neon recognized ns belonging to independent - pendent nations The United Stales and all if the gicat powers' b.ixo tbo power to tnalio war , to make peace ; to pass ucls of natmal- r.Ulon ; to piss all npcessnii and proper iaws to cany out the pow 01 loposeit in ongrcss On the iiolltieal doiuitinont of [ iho government de\ol\ed llio care of mter- iial lulntions It li id hecn settled in two [ uses tli it the power of exclusion m.iv bo ( lestedln executiveolllccn and tbo aid of itbo Judiciary might bo invoked It was no 'new ' tiling in public law for matteis to uo cx- Ici'Utlvo and political In the Hist instance and then talto Judicial foicc as the political depaitment murht di rect. The courts have no authority to revise the decisions or tlio .u lion and ef fect in these cases , except so faraspiovis- ion had been mudo hi law. Uhottcalics with China provided oilginallv for vcri fieo liilercouiso that was in IbG'.l Then It was found lhat It.is necessary to have more power for the convenient icgulation of Ibis Tn n tier , and llio subsequent tie.ities moiu Distinctly recognized , nscontemplated hi the contracting paities Iho power to legulilo the cnlranco of Chinese into Ibis country If congress m ikes a law inconsistent w ith a licaty , it may give a foreign nation the right to complain and take sueh aclion as it may Seem best , for its own iuleicst , bill Iho duty ofthocoutts of Iho United States is clear nnd they musticcoguiro its force. Funrr to Deport Chlimmcu. Justice Giay heio dwelt at length upon tbo objection that had been made to power conferred upon Ihoexcculivoofticeis in mak ing deportations Ho said that so far as an Investigation is made il w ill ho a Judicial in- voallgallon. Ube law pioUded lhat the Chinamen shall be depoi led unless they shall clearly establish certain fads lo Ihe sills faction of the Judge The leglsl itnie had n right to picsciibo wh it evidence shall bo de manded uefoio Us Judiciil tiihimals It was wittiln its power lo piovidu that these aliens who have been a .vcar within tlio United States without gelling out a cer- tllicato should be deponed It has tlio light I' , define what witnesses should lie heard , a ( Ight to piotcct the com Is against tesli- "mony from pei. oils who had no lep.udfor i ho sum Utv of an oath Ho would not | ouch upon the wisdom , the policy or oven I bo Justice of Iho acl These queslions C-vero for the political , the executive depart- Jientsof the goveinmcnt , If Iho act were jt itliln their constitutional powers , and it Brould bo out of place for Ihu c ourt lo Intrr- Jere What congress has done had not been lo provide for any definition of crime Iu the let nor to provide aiii luinlshnient It pro- lljed that Hie persons In ( jiiestion should bo 1 ntout of tbo couutrj lo llio place fiom Ilicnco they came ; it provided not for the t/J ad lent ion of dime , nut , simply for the ie- fovhi of persons whoso piesciico is consld- red Inconsistent with tint public wolfaic t must be lomeiubcicd that the chim so tnnnot be nalmali/e'd , Doubtless Uioi aie Entitled to the scciuili nnd safcKU.ud KUU- Inteed hi * Ihn constitution and lu\s In such Biie.isme : is they piovido , but theno is noth ing In the constitution or tlio laws that liu- nugiicd thoponcrot cougie.ss tucompclthcm o le.ivo the country. ic Oplniiuii. At Uio conclusion of JuslIcofi ! av'soiinlou | jfjilstao Biovver aiiiiouncpcl that hu.is cum- ipellcd to dissent finiii the view of tlioina- Jjoiilyof llio court Ho toad Ins views at isomo length , declai inu' iu Mibstunco that Iho Bnct of Ib'.U was line ( institutional , that If upheld - | held H eio would bo-nogimiautoutli.it Blmilai iticatment might mil hu auotdcd oilier Bclasics of ( lurpopulallon I Justice Field , who deliveicd tlm opinion of Ithe supiemi ) loui t in the llrst case under the { exclusion act , also ic.ul a dissenting opinion llio held that theio was a dlnVrtMuo ho- | tvvcen the exclusion of immigrants and Itho depoilullon of alien lesidents and lihnrnetei l/cd the .u t In thu strongest Ian- Hguagon inhuman , hiutal ami vudatlve * of iho constitution In nvoii Mdion. Hu ic- fgrettcit to nay t Inu the deeislnii of thu couit , Rte his iiitiid , was fraught with iho gravest danger * tocoiistituliomil libeitj I'lllHf diiKtlcn I'llllmV M > * n Chief Justice Pulli r also dissented finm fttliu opinion of the couit In his dissenting ( Opiulon the ihtef Justice denied the Hound- ( ness of thu piupotitlon that the cases bofoio [ tbo court wcie sin h as the polillcal do- Ipaitment of the govciiiuient alone icould deal with. It was , Iu ills vlow , tea judicial ( jurRtlon , and however leluctanl 'tlio ( onus may bo to pass upon the eonstitu- I'jlonality of le islati\u ncts.Jt was the very [ essence of Judlchl duty tc do so when thu Iclischaigt' nf that dntj was piticrly | unpojed IUJKIII It. IJo Piit 'i tallied no doubt thai tlio [ provisions of. iho fifth and fomtcenth lainoudmi nls were unlxcrsal In their appll- IcutIon , and that while the general govein- Inicnt was Investeil.so far ns'forclgu count i le Iwcioconceiiipd , with nil tho-poueii neees- | smy to the iniilnton'inca of its ubsnlulo in- Hdependence and sci-uiltv , U could nut. nIn Jviituoof n numioiud Inbeunt sovoielgnl.\ . labsoluteli deal wlih nelsons lawfully anil Ipe.iecfullA within Its iloinalii Thn act be- If010 the coiiit was not an act toabu > atc , 01 repeal n ticatj , nor to exprl Chlnanicn law fully ptescnt , and no sueh intent could be imputed to congtcss Its object wan lo juvsulbou melhcHl of registration and the duportatlon hi waj of punishment was , In Ills view , an unusual punishment , not illu thorlmt b.\ the constitution After Ihn couit had coucludud Its an nouncement of opinions Asliton , of counsel for the C hlneso , moved a rehearing and ielU inenl hoforu the full bench at the next term At present the court stands live to three 111In nupport of the law , Justice Huilun being , Inb icnt. The couit look Iho motion under ad- vlicmcut , the crtc-cl of which U to poilpouo proceedings under the Judgment announced today. "lint rrlinmlnc * " CHIP. The court also today i caftlrmod its previ ous ruling , ns laid down In the I.atijjfeldcaso In what Is popuhrlv known ns "Tho Hat Trimmings Case. " These came on appeal from the Judgments of the circuit courts for the United State * , two from the eastern dis trict of Pennsylvania and ono from the norttiein dlslriet of Illinois , the controM versy In each case being between the collector of the port and the imnortprs ns to the rating to be made upon matcitil used for hit trimmings. Mr. Justice Shirus an nounced the opinion and Judgment of the court , In which bo tinted that in the Penn sylvania cases , vvlicro the Judgment of the circuit was in favor of the. contention of the Imtwrtcrs , that the goods In question vvcrn liable to duty as hat trimmings , and not as silk or manufactures of Mil ; , the ruling was In nccordince with the Judgment of the supreme premo court In the former cases adjudicated , "In this , " said Judge Shlt.is , "wo lind there was no error and , theicfoie , the judgment of the circuit court in these two cases will stand alllrmed. It follows from this , " ho added , "that In the case appealed from the northern district of Illinois , wherein the Judgment of the com t was in f i\or of the contention of thn collector and the goods weru declared to ho dutianlo as silk , or man- ufactuicjof silk , that Judgment must be ie- \crsed and it Is so oidcied. " H is estimated at the Treasury dcpirtmcnt l hat by the loss of hat trimmings ease the United States will bo called upon to re fund from SS.OCXUXX ) to * 10,000 O'Hl Some cstim-itcs place it as blgh as : t,000tXA ) ) Scciotaiy roster's cstlm ito was r > ,000,000 Ilooffered to compiomlse the cnso for fl- ! ( XKXM ) , > but the compiomlse was not effected. , During the last three \ eai s W.000,000 in dntv" in these cases has been refused Simiilnpd III > I , i\\cr Ciiiu-t. The appeals of AIcN'ulty and Vincent from the Judgment of the supieme court of Call- foinlu , almming the judgment of county courts sentencing them , under coiniction for murder , weio dismisspil bi the supreme court of the United Stitcs tod.ij In thcsi' cases the construct ion and effect of a state law amending the law go\urning the cxecu tion of crlminMs was involved , and the stipiumocouit said this was not i federal ( lucstlcm and the appeals would ha\o to be dismissed for want of juiisdiction. vullai-n Ix.iud r.imkln ? to tlio lent ol the cJeiirj l.v. . WASHINGTON , D C , Mav 15 No orders had been Issued at the Tioasui-y depirtmcnt al Iho close of business today as to the do polling uf Chinese under Iho Geaii act The Instructions under whichcolloctois of inler- nal revenue and United States maishals are now opeiallng diicet them to mike no ar rests of unregistered Chinamen until further ordcis These ordeis mai be given tomoi- low nfler the cabinet meeting , or deferred for a longer pciiod Secrplari Caills'.e , soon after ho heard of Iho decisionof the supiemo couit , went to the executive minsion and had n conference-with the niosldcnt on the subject Ho lemnlned for an hour or more Attoiiipy General Oluo\ , said until the line of action lo ho pursued by our Roveiument was mapped out ho could siv nothlns on the subject , except that the Dep.iitment of Jus- licehad no money avail.iblo for deporting Ciiinese. Consulvative estimates place Uio amount necessari lo dopoit thoiintcgisteicd Chinese nt $ u)00,000 ) , with only * 1JOG ( ! av.iil.iblo for thepuipose. Intlm itions aio lieard that congicssmny bo convened to consider the matter. The suggestion is nrule in oaieial circles here thai Chinese uuregistcied may now go to the coui Is and ask to bi > allowed to icglster.ind remain in this country. In any view of tlio case , treasury officials expect to oxpciienco gicatdimYult\ caiii- nitr out Iho mandale of the law : "Tho Chinese must go " The\ look _ to Iho cabinet to solve the piobleni at its meeting lo- moriow. At Ihe Chinese legalion , Ihe Chinese min- isler courleously declined lo oxpiess ani opinion upon Ihe decision of tlio couit , or to give any intimation us to the couiso his gov ernment might deem pinpcr to adopt under the ciicumstanccs Ho espccialli declined to say ani Hung upon Die alleged ictuliatorv report concerning the expulsion of Amen cans fioin China , refeiied to in a ban Fian eisco dispatch tills moiiiing. Mr Hi M.ii , counselor lo t'o Chinese legation , said that the contest against the liw- will doubtless be liansfcued to congicss when it meets in the fall Undei pipsent conditions , It will bo Impossiole for the officials Ui C'cuilu iho law , liicially , because ) Ihoro Is piatticallno monei with which to cany its piovislons into effect. Mr May culled attention tu tlio fact that when an effort was in ide to sccuio tlio insertion of the item uf $100,000 In Ihe tipproprl ition bill far the pui pose uf aiding thu executive autlioiillcs lo cauj out the provisions of Iho law Mr Holmanaulagoni/cd and defeated il 'I ho consequence was lhat congiess appropiiated onlv j.ltl.OiK ) , the sum heiolofoio anuuall.v piovided with which lo deport thu Chinese who might uiiluwfulli seeuio entiancu into the rutted States and be delected It was an unfortunate and do- plor.iblo condition of aff.ilis , ho said , which threatened the existence of tbp peaceful and peacc.ibla lelatlons of China"und the United States , the hundreds of nallvcs of each countri In Iho leiriloi'i of Iho other being piacllcnlli hostages for each oihei. itr.ctivni : > i. > CAI.II OKM.V. lion thn Chlmimcii nnd cither I'nuplo Took thu No of the l > i elHloii , SIN PIUNCISCO , Cal , May 15. When Ihe news lhat Iho United States supicmo couit had continued the constitutionality of the Chinese exclusion act u.iehod ihlsclli today newspaper extras WPIO quicltly on tne stieots Infoimalion was quid , in i each Ing the Chineau section , \vhei ot ho M > ,000 Chinese lesido , lepicseiillug UP.irh one-llilid of llio entile numbci In Iho United St.ucs Ihov stooclaboul in laigo gienips befoio their oun bulletin boa i ( Is , looking foi nomu statement from thu Six Companies , which had com pelled ihom lo i of use lo icglsicr They were not Inehne'J to accept thriepoit through thu Anieiie.ui neuspapci'Ihcic was no outward oxcltenicnl iimong tlio Chinese , but It was ovldeut lliu news was distasteful and unexpected , as it had been telegraphed that the decision would tuin thoothci w.iy Chinese Vice Consul Chong Owang was soon byaiopoitiT of the Associated puss , to whom ho said : 'You .no the Hist to bilug mo Ibis bad nous Although Iho Goao law has been declared consiliuiionnl , Iho guvcrnnienl Is not prepaicd to immedi ately care out its prenlfdoiiR. It will entail gieat expense , for which no appioprlatlou Is made 'llio decision will lie a gic.it blow to dbusiness In Chlmilown 'Ihe tiiMti between China and America has been broken b\ the uovurnmc'iit at Washington and It will not bo legardcd In thu Chinese iroHtinmcnt UK a factor governing anj action they may see lit to take " I.jman Mowr\ , attorney for the Cliincsu Six CompanU's hcic < , was seen Ho thmk.s Iho la\v unjust and sa.v.s hc < thinks no iinino- illutoiution will bi LiKc'ii b > the Kovern- ineiit to deport the Chinese Hu declares that it will cost JIO.OOO.IHKi. which has not been appropiiatcd Ho thinks the pic-sklent wdl have action iu tin' nmuoi defeiied until congress convenes , and sijs there Is no doubt in his mind lnit congicse w 111 repeal the Geary nut. Thn ilieision of thu supicnic couit was received - ceived throughout thociti in a quiet man ner 'Iho clouds ut ncwapapcr bulletin boards were neither largo uur demon strative ) . Dining noon hour crowds wuio nt ti acted to Iho vicinity of thu Stock exchange by the uppe nance of Dr O'Donnoll and Dennis K'o.uney , local null- Chinese agitate ) s , wlio uiKcd Iheir hearers to hold mass mcctiiiKS aupioving the decis ion , ' 1 he crowds llstennl to the speakers , but displaced llttlo Inleiest In what they had to nay Nowafiam thu iuteilor points wheie the Chinese colonies exist , as at Sacramento , Fresno , I < os Angeles and San Dic'go , showed Unit tlio Chinese vvero taking a keen later- cst in thonuxt move which inlnlitjbo maue , but thut the decision oth'invUu w us quietly received. MORE AUSTRALIAN FAILURES Three Big Banking Houses Are Forced to Suspend , MILLIONS OF POUNDS ARE INVOLVED * t'rlBtitrntil OrpotltorsMthilrnwlng Inrlr Money C'Hti cd the 1'rrncnt DIMlciilt ) Dtlur ralltirc * Urpurtcd Their r.llrct on Wall Street. May 15. The Bank of North Queensland and the Queensland National bank have suspended. The deposits in the latter at the last icpoit were l'8,500,000 , half of which was from Great Britain. Its sub scription capllal was 10,000,000 , half paid up. It bus claimed a leservo of 1,000,000. It has n branch In Sidney , N. S. W. , and vailous other places In Australia. The Permanent Building and lx > an associ ation of this city suspended piymcnt loday. The Now South Wales government has pro claimed bank notes legal lender. Lovnox , May 15. iho suspension of tbo Queensland National bank causes no excite ment here , as It was expected. A private cable fiom the ofllccis of Ihe suspended in- slitution sa\s.tlio stoppage was duo to the persistent withdrawal of deposits and they express confidence that the bink will bo 1'iiv.ito cables announce the suspension of the Comincicial BanUing company of Sid ney , N. SV , ono of the oldest banking con cerns In thantipodes. . Capital , iWKI.OOO , lescn u. $30,000 It has man.v branches in Queensland and New South Wales. For tills and other reasons the unuisltifss on the London Stock exchaiign is Inu casing. H Hodgson .t Sous , the well known bink- eis mentioned as failed Saturdav , have bee-u helped over their dlflleultics The stock ex change is nervousl } excited and cvor.bod. . \ is selling t-o far onli two small brokcis have failed , but several largo houses are said to bo involved. TltOUHI.i ; IN MlN.NLAl'OMS. Ono Ilnnk 1'alln , Itini on Another , Invrst- uiunt Coinpui } Kinlnrinssrcl. MINNPAPOMS , Minn , May 15. ThePauna ers and Mciuhnnts Slate bank has susn penucd payment , t tie. following notice being posted on the doors : "PoudinR run , this bank suspended pijmcnt. Hxpcct'o icsuino in a few dais. " The statement shows a capital of f00,000 , and a suiplus of $7,000. The suspension - pension causes no sui prise ns it has been looked on as weak for some time It should bo noted that this is not the Partners and Mechanics Savings bink. A i un on tlio Fa i meis and Median ics Sav Ings bank bettan this moining , chiefly by small dopositois It is considered one of the strongest banks in the state and there arc no fears of Us safety. The Northwestern Guaianty Loin com pany is in financial cmbariassment , owing to the financial sti inaonc.v. President Menage - ago was shown a stalemcnt by Vice President Low ry , made in Now York , as lo the company's afl.ius , saving iho com pany might have to suspend toduj.cr at least could not slave it off long. Ho ad- mllled that Lowri's statement was a fair one , but added thut the company had not suspended. Fut thei than this ho would not talk. If the companj suspends it will not dose so for several dais It is believed in busi ness circles heio that the company w ill pai in full , ns its resourscs aio ample under or dinary circumstances Tuov , N Y. , Ma.v 15 Nehr & Carpenter , eastern manugcis of the Northwcbteiu Guaranty Loan company of Minneapolis , thlsiuorning made an assignment and closed their doors Two million dollars of tlio $10,000,000 , clebcntuio bonds iccently issued hi the Northwestoin Guaranty I oan com pany have been disposed of to people iu tills city i.nd vicinlly thiougb them. IIIAVY KAILUKI : IN IM.XVUH. \\illlani K. .Mjjjiitt .Vluke * an Alignment lor thu lirncllt < > f Cri llior . D vm.Colo , May 15 William H Mj- gatt , banker and real estate dealer , foimcrlj of the llrm of Mclntoth & M.\ gatt , assigned this moining. The assets In the schedule tiled in the oflico of the county clcik aio given at S-VJl.SliO , and the liabilities at $ " > OT- WWSo The piinripal creditor in Denver is the Nation il Hank of Commerce , to which Mr M\L'ntt asset ts that he owes over i.O.- 000 Another laige creditor heie is William Palmer , iu the um uf { O.OUO Oil , but ho is se cured by a mortgaRO. Manj other Denvei crcdltorb hold Mr Aljgatt's notes for various sums. Among the oistein creditors arc the Pee ple's bink of Providence , It I. . ) T,500 ; the New Yoilc Guarantee and Indonmitv c'om- pinv , J40.000 ; Chase National bank of Nov\ York , * JT,000 ; A. D Woithington of Ilnit- ford , Conn. , Sl'J.O'iO. and Uanlc of North America , Hoston , SJO.OOO. .InnicsF Hopkins Is named as the assignee Mr Mygatt spoke as follows in rcgaid to his assignment. "A conservative business man who has examined my schedule sajs that the assets aie leally worth more thin the statement filed. As the statement stands 1 will pay out and have a margin left The pioperty Is good , but with the pieseut condition of the imukot I could not icalizu and hence mudo an assignment I feel confident of being able to pay out 100 cents on the dollar " Continuing , ho said that the eastern banks weio becoming afnud of all sccutity and es perl illy disci Imin.iting nn'aiust westuin jupcr The banks with whom ho had done himiiess for a considerable peilod ruoiitli refused to take securities which they hud liillici to desired to accept and in fact de shed to obtain I'KIUN : < ; ix INDIANA. IVurs i > f it tan. bulnldii nnd linikcra llu- utniiu .Morn Ciinllil'iit. Intl. . May Ifi Tlm > feeling caused by tlio suspension of so manj k banks thioughout Ihe suite is passing away. It Is possible that there are u few moro of llio country banks lhat may have to close llielr doors , but the feeling Is thai the worst \ 1sover The many suspensions have not caused more than a ripple of excitement among thu old line bankets Mouoy has tightened up n little , but the best financiers naj theio is no ground whaluver tor Iho in- disci liulmilo talk of Iho danger of a panic Indianapolis bankets express iho belief that tlio suspension of ihu Dxv Igglns iiucl Paris line of banks will icsult In good The state authoiilles , they suv , ought never have pel milled such banks lo do business and the belief is lhat in the futuiu such banns will be watched uith more caie Theio have been , in all , leu failures of bunks in Ihu state as a rcsull of ihu failure of iho Columbia National of Chicago II is announced b\ John W Pails and J , Shannon N.itie of Ihls city lhat ihu four banks In which they arc interested will reopen within a few dn.\s The Oilcans bink has been disposed of to Orleans capitalists and will , it is announced 1. open for business. The sj ndleato announces thut it has about completed uirangomenls [ fur Iho reopening of other banks hi its ex clusive stilnt' . it Is .also stated that somu of the banks operated by Dwiggins .fcStar- buck of iho ( JolumbiA National will bore- opened duiiug Iho week. 1'iiprr I CUJCAOO , 111. , May -Godfrey Ch rko d Co , paper dealers , this morning confessed judgment for nearly { 100,000 , No statement of assets or liabilities. Collnpua of u Coil Cuniinny , TOIIOMO , Out. , May ID The Ontario Coal company assigned today. The Molsoii bank Is tjio prlnclpul locftl creditor , tlio amount of paper hold by it being between $200,000 nnd WOO.OOOV The Ontarfo Innk Is interested to the extent of over $100,000. itlOUi : THIUIII.KJ SIOUX CITY. Street Itnllwny Coniiiuij' * 1'ropnrtr In n ttoiclvrr'i Hnnild. Sioux CITT , In , Xlay 15. [ Special Tele gram to Tun HUB. ] The Sioux City Street Itnihvuy eomp.mj's properties went Into the hands of n receiver todav , James I"1. Peivoy , picsldcntof tlio road being made receiver. Ho bas qualified under ; a bond of foO,000 and Is now In charge of tlio property. A. F. Nash , a heavy stockholder in the company , made application for the npiHuntmcnt. In his petition he stated that the company is insolvent and unable. 16 pay its operating ex penses , current accounts and interest on bonds. The particular1 reason of the aetlon was the inability of the company to secure an extension of credit. James F. Peavy , president of the com pany , has Just relumed from Now York and says that although his companv was in no way connected with or involved In the Union l > oan and Trust company's failures , he found It Impossible to extend Its credit on account of those failtu ss. 1 he coin pan v s total liabilities arc $ T50,000. In 18UO it placed Jo2o,000 worth of bonds on the mar ket through the Fidelity Loan and Tuist company of this city , giving a trust deed to secure them. In 18'Ji ' n bond issue of $1,000- 000 was made , the boiuU being duo In thirtv years. Of these , $525,000vorth weic placed with the trustee to take up the llrst Issue nnd175,000 woitb 'were pledged and hypothecated , 'llio Metropolitan Trust company of Now Yorlc Is trustee of the com pany. | The company owns tlio best franchises In the city and has thirtvj miles of track in operation in the most populous portions. It Is equipped w ith eleeti h ; motor pow cr , oper ated from the compaiii's own power house. Nc.uly all the stock is bold In Sioux City , .lamca P Peavcv is piCiSidont. John Hoi nick vice president and Ciais ; L Wright sceietnry and tieisurcr The franchises , track and equipment arc estimated to bh wortli twice as much as the liabilities. President Peavey staled that in ordinary money times the comoauv would hav4 been solvent , and claims that the cmb irrassmcnt is only tem porary. Thecapital slock Is $1,500,000. . bTitiirr riir tr. Thu 1 hmnolnl Situation Mnilo UonlhiR 111 Very Ilcnvj. YOHK , Mav 15 Slocks opened heav'i and declined X@- ' percent In tno llrst ten minutes , duo to fears of further gold cx- poils and financial complications in the west. After a further 'slight ' decline a brisk borrowing demund from the shorts spuing up and the market developed eon- sidciuble sticngth. Burlington & Quiney commanded ' picmium for use The ad vance from the lowest was Bonei ally } i@3f. Burlington advanced fiomb.3 to 8.PX. Chicago GasOT's to 70 % , Uoek Ishind f rom ihSJf toTO' , , , General l lcctric VJi-j to78 } } , Cordage com mon 10' to lil'tf , Westeni Union 8J to b.l' , Cordage profencd opened 8 higher at 12. At 11 tlic market , vvassteadi , out af ler that hour thu beats paid more attention to Vanderbilt stooks , particulatli New Yoilc Central and Michigan Ccu weakened under the attack , and tills had an adv crso olTect on other stocks and a general decline of > f to 2 , ensued , the latter in sugar. At noon the mlilkct was iuegular. htiitainnnt of Oiiriliiuo Krci'liors. New YORK , May 13 It is"roportod on tho. board that the Coidn&e Deceivers' statement lias hecn mnuo and allows assats of $10,000- , 1/00. / Heccivcr.Yourtg vof the Coidago com pany sas that the statement has not , \ et been filed and w ill not be filed today because the icccivcis are still waiting for state ments from hubordiiidto companies. Want ii ISc clT r Appulntml. CHICAGO , 111 , May 15 A petition was filed todny asking that a receiver bo appointed for the Cbic.ico Tire and Sputig compani and that its affairs be wound up. The con- coin is said to h ivo liabilities of $050,000 ana assds much below this amount The capi- lal slock is WOO.OOO. ICud of the .Mltvv.uikeii Kicn. Mii.wAUKEcWis. , May 15. The Plankmlon bank opened an hour earlier than usual thib moining. There was no renewal of Satur dav 's run and the Jluiry seems cntiicly subsided. 'Iho deposits far exceeded tlio withdtawals this morning , Miido HII Assi BOSTONMass. . , May 10. R. and J Gil- chnst & , Co. , diy ( roods , have assigned No statement of liabilities and assets is made. ImllrntiuiiH that Truuhlo U Iiiitnlnonc AIIIOIIS plinth Dakota Cuttluiiieii. BuiLEioiitcii , S. U. , Maj ! . " > . [ Special 't'elcgi.ini to Tuc UIK. ] The cattlemen's war lias broken out in South Dakota. Ycstcrdai afternoon a man came Into this place from a point 1M miles north seeking the coioucr. Ilo reported that a settler named Ohlando Giles , living near Grand liver , had been mur dered Sunday week by unknown parties. Giles had been to the Noi thorn Pacific selling a wagon load of beef an 1 was letuin- Ing with his money and supplies. Ho stopped at a i .inch about thirty miles from his own Satuiday night , leaving for homo etiily Sun day moining , which ho should h ivo icaehcd in the aftcinoon. The Tuesday following some cowbo\s fiom the ranch at which ho had stopped Sum day night called at his i .inch , asking for him. On belli' , ' infoimod that ho had not yet rotuinod from his trip tlio.v told of Ills slopping with them cm Satin-- day mid luav ing for home Sunday A s > eaielung paity at once wcnl out and about ic-ii miles from his lanch found his wagon bullv broken , About one milo far ther Iho paitv found w hero .something had been dt.ipgod liom thqroid to a diaw about half a milo fiom the toad. Hero they came acicss his bodi bidlybiulsud and poiforatod withthico bullets. Uocomposition had nl- leudj set iu. Tlio ground was soft and thu tracks of two hennas could bo plainly seen which left u trail easily followed , but two of Giles' liiic-d men refuse i to follow it as thu.s wfioafiald of being killed , It is reported by neighbors that Giles had a held of about ! K ) head of c.attlo and was suspected of being a rustier. He bad been vvained to leave the country. Hismono\ and valuables were on the body when found Ho leaves n wIfe and two chlldien on his ' ranch This is thought by many to bo the bcginnlm ? of a war In South Uikotu similar to that of last season In Johnston county , U'iomlng. Thoonic'eis 6f liutto county uio iivesUKatlng | the case. J'.IKKA IT ALL 'HICK. Itiinllna of Utah ' VV'iinU to VVIIh- dnuv IIU SALT LAKH , U. T. , May 15 Delegate Ilawllns , In an interflow tonight , said that ho had asked Govci nor West to ictuin his icslgnutlon as delegate and thut the legal effect of this is the sumo us if the icbignatlon had inner been tendered. In teply to a question whether ho would runow the ivsignution , ho said. "That matter is still under consideration. When I loft Washington H was with the con - viction that 1 did iotpos ess the LO of my party and the people of Utah CO arriving hero I am convinced that 1 was , to COa great degico mistaken " , In that conviction Ho also denied any "scone" wlh Piesldent Cleveland , though ho admitted that ( lieu picsklent was in bad humor and "imido u few lenuirks , to which I did iiot toply , but nothing approaching u seymi transpired. " Governor West says that the r .ijjuation mailed to bun In Washington 011 olay 7 has not been i etched. Now Vurk Kichauco ( Jui > tiitloii , NEW YOHK , May 15 [ Special 'iVlegiam to TUB HEB.J ExcUungo was quoted ns fol. lows today ; Chicago , 75o pronilumj , Bos ton , at par ; St. Louis , We premium. ACTIVITY AT MUSCATINE Governor Boies Offers All Available Funds for tbo Investigation , HE VISITS THE SCENE OF THE OUTRAGE Stirprlncll tli-it llio Inmutcn of the Wrecked Uwoll.ii it l > ciipcd with Their l.hm City Council iniilun Sjioc nl I'lillomnuii. MUSCVTIXE , la. , May 15. [ Special Telegram - gram lo TUB HUE. ] Govcinor Boies ar rived in Muscalluo tills moining and in company with nicmbois of the citizens com mittee visited nil the homes destroied by explosives last Wednesday night. He spent the afternoon In conference with the committee and prominent citizens and tonight made the following statement to a coi respondent for Tin : Bun : "I have visited the damaged buildings and llml their de struction complete. 1 nmsurpilsed to learn thai , the linn itcs escaped without serious or fatal injuries. The crime is ono that da- serves , as It receives , tlio oxeeiatlon of all men. To the limit of my pow cr 1 w 111 aid in the discovery and bringing to punishment of the perpetrators of this crime. My powers as governor , however , are inuuh more lim ited than many seem to understand. The statuics of this state In expressed lernis authorize the oTer of a reward by the governor of not to exceed fSOJ for the apprehension and com Iction of pit ties charged with thu crime of murder or uisou. Bv clear implication this prohibits the offer of a lew ud 1iy him in oilier cases. There is however , approprialud by each legislature a sum of riioncy which may bo used by the guveinor laigcly In his dibcictton. Will Do All In IIU Tower. It seems to mo I may , if ncecssari , propoi ly use , this fund , which lomains under my con- ] Uol to discover and convict the pat tics guilty of this crime mid 1 have said lo Hie Musca- line county atlornoi and sheriff that oveiy available dollar of that fund nocessiry for such purposes is at their disposal This us I understand is the extent of my power. " Judge Wolf this moining giautcd injunc tions I against Iho icmainini ; saloons , and to night I all in the city , thiiiy-eight , are closed. Various rumois to the effect that attests aic 1 to be made soon are ailo it , but none can bo 1 traced to reliaule sources. The city council hold a special session with closed ( dooib lust ovoniug and pave Ma\or Gooblo l full authoutv to act In thu matter of uuttingan i extra police foico lo work , which ho 1 has been doing today. " 1'ho council decided not to add lo Iho ic- waid , " said the mavor todav , "but wo shall use ovcr.v means within our power to appio- hcnd the ci ( initials " loucor 1111:111 : oiijicr. : Meeting to Denounce It TuriiH Into li I'olltlcil ( iHtlicrlii ) ; . CEDAH RAHDS , la , May 15 [ Spceiil Tele gram to Tuc HEP. ] Gieen's opera house w is filled 1 ist night by a largo audience composed mostly of the eongiegatlons of Iho different churches of the city , who had met in a union Indignation meeting. The meet ing w as called ostensibly for the purpose of expressing righteous indignation felt by the pcoplo of tills city at tno ntrocio is action ot the dvnamitc fiends at Muscatlne , but it re solved Itself into a political gathering and n redhot wrangle ensued. A pionil- ncut official of the Builington , Cedar llaplds & Northern load , quoting fiom Iho Builinglon HawkCiU , cliarcctl lhat Iho Muse. nine oulrago wnt , duelo Ihosophistiies of Goveinor Boies. Rev. J. P. Palmer. paslor of ino Universal chinch , declaring ho was a prohibitionist and Blood for llio en- foicement of all laws , pronounced Iho at tack on Governor Boies us a libel on tlio grandest man iu thesiito of Iowa Hoy. Mr. rleming of tlio Methodist church said Goveinor Boles was the champion law hi cakcrot the slate , and b\ the use of his eloquence and his paidoning power ho had done more to to ir down the laws of the btato than aiii olher man. Stitn CoiiKreifiitioiiiil Convention. CEIHK HAi-ins In. May 15 [ Special to TUB BEE ] The fortv-fourth annual meet- mg of thu Congregational Stale association will convene at Muscalluo tomorrow even ing. Tlio association will continue in ses sion until Friday evening. The piogram in cludes addiesses by Piesident Geoige A. Gates of Iowa college , Giinnell , on "Old Times ; " Hov. W. W. Gist of Osage. "Uni versity Intension and the Cliuich ; " Hon Charles Bcardaley. Burlington , 'Tho Church Alliance in Iowa ; " Uev. Ij H. Cobb , D D. , of New York , "The Church Building Societies ; " Hov. T. P Woodbury , U D , Now Yoik , "Tho American Missionary Association , " Piesident O W Votow , UniversUv of Chicago , "Better Bible Studi ; " "on L b Coflln , Port Dodge , " \Voik \ of the I'a Sabbith School Association ; " . ! . L Piekaid , IA , D. , lena City , "The Bible and Uccent Criticism ; " Hov. Graham Tay lor , D D , Chicago Theological beminary , "L u thvvanl Aspects of * ho Work of the Kingdom , " Piesident William Biooks of Tabor college , "CongieiMtlonallsm As a TaeloriaOur Hlstoi'i , " and Hov C C. Cio- gan , D U , Boston , "Tho Aineiiean Boaid " lawn r drriitlon of I.nhnr. DKS Moi.M's , la , Mai 15 [ spec ! il Tel egram to TUB BEE. ] The state fed eration of labor was organised heio today at u convention of delegates fiom labo- unions in viui v cities of the state About soventy-flvo delegates woto in attendance. The meeting was called to older this momlng by A L LTtlck , and W H O'Blonesb of this city was made chairman , delivering n speech of welcome to the visltois Mr Jones of Burlington was made soiTotari. Acornmittoocomposed of.Messis ShafcrofDcs Mollies , Jones of Builiugton and I'eckham of Sioux Citi was appointed on crcJcnlials. ufler which an ad journment was taken. Thu local commltlous on arraiiKcmciilB and entertainment then oscoitedtho visitors about the city. This evening an informal meeting was held , lastIng - Ing until U o'clock , when Iho delegates were eiicortcd to the Aborn house , vvhoio they v/ero given a baiiiiot. | Miloilou * DUiipptaruiK o o a Child , MAIIENOO , la , Mai 15. -special t Telo- guiui to Tun HER ] Itay Hlliott , aged 4 i oars , has been missing since Pi iday after noon , and despite the most vigoious.search no trace of him had been found up to this even ing Ho has blue ojes , white hulr , cut short , light complexion , consideiably ficckled , and when lust seen woroagiay dic'bs , blacic plusli cap and shoes out at the toes Prom threats made it Is suspected that ho was carried off by some horse traduis or so called gjpslos camped near this city on the day of the dUappcaiancc. * All ofllceis are requested to bo on the look out and make soaich among these people The patents me almost dlstiactod and gloom pervades tlio communlti. Mu > l.o u the I'MHlon .vjenci , Cciuii HAI-IDS , la , May n. [ Hpocl.il to TUB HEF.J It U rumoied that Iowa U Iu danger of losing the United States pension agency. It bus aluajs been located at Des Moines and the office has alwajs been held by Iowa men. Ttieie Is some iiosslbllity now of the oflico going lo n democrat from another state in consequence of Ihojact that the Iowa democratlu nmmigerb liavu been unable to ngreo upon a candidate and have divided their influence b > ihe endorsement of those different men. Ileuth of un Aued lu a Clll/i'ii. DEB MOI.NES , la. , May 15 [ Special Tele gram to TUB BEK ] Nicholas Baylies , ono of the old and Uonoied citizens of Do * Moines died today of general debility , aged &l v oars Ho was the father of Judge H. N , Ba.v lies , Oscar Bailies r.nd Prank A B-iillcs. and a man of more tha.i ordrhary ability. His wife . died a few months : ito ; limn V. I * . S. C. I. . ComrnlIon , Cnnvii HArin = " , in , May 15 [ Sperlil to THE BRJ ! . ] 'Iho llrst annual coufeicnco of the Cedar union ot thu Young Poonlo's Christian Endeavor society , compiising the rountlcs of Bcnton , Mini Jones J.ukson , Clinton , Cedar , Scott and Muse nine , will bo heldnt West Liberty , Mu.v'.Maud Ut The proKiam includes addresses b.Kov . J W HubbirdofMeL'binlcsvillo.Kev 12 Hareriof Vltiton. Kov J. H. Wilght of West l.lherlv , Hev George Dickinson , Kov J 1C Tow lev , and Kcv Scott Smith of Cod ir Katilds , Uov r. M. Carson of Clinton , and Kev B P Bai ler of Danvenpoi l ' 1 lie ofileers of the union aio Kov 11 K BurkhiiltcrCedar K tplds , president ; Kov LUvvln Mooie , Clinton vlco Piesident ; Mist Thus i Dennis. Mai Ion , sec retary and Ucasurcr. Hvcii distilcl In the union will bo leprescutcd , making about 100 delegates. _ Iur Supreme Court lec > n.li > ii < . Drs Moivcs , la , May 15 [ Special Telegram - gram lo THE Btn ] Tlio following supreme court decisions were rcndeied today : Painter against Gibson , appellant , Polk district , allli med ; Davis , .appellant , against Miller , Jones dtsli lei , affirmed , V.uiMotcr , appellant , against Chicago , t Van Meter Coil Mining company. Dallas dlstiict , nlllimcd ; Gilcr against Johnson , ceiiioruil onier of disiilct Judge nftluncd ; St ite. ap pellant , against Hniper , Mahnska dlstiict , revcised ; State against Dcbord , appellant , Union dtstilut , amimed ; Smith , appellant , against King , Madison distiiet , atllimed ; Stile against Black , appellant , Webster dls tiict , alllimed ; Kobb. appellant , against Douglas , Monioo distilcl , atllimed llort ll i Hun > ! ril. Pciiur , la , Mai 15 [ Sped il Telegram to Tin : BEI : J Libt night at Dawsou , u small station similes west of hero on the Mil waukee , Ad un Utter was inn over t > . \ a west bound freight ami iustanlli killed. Ills bodi was cut in Iwo in tlio middle ami the whole train passed over him , rolling and mangling thu remains in a hoi liblo manner Ho was attempting to boaid tlio tiain and was thrown under it. He was Slieais old and a son of one of thu most piomlnent men of Green county Shot , ID n I'll nil ii r.H Ouirnsl. ATLANTIC , In , May 15 [ Special Telcgiam to Tun BEE j "Windj" Jones and Joe Shearer , funnels living near Lewis , met on the high way near tint low n Siturday evening - ing , and i'i a quaricl that ensued Jones shot Sheaicr , the bill onteimg the abdomen lust below the sternum The wound is vci.v dan- geious , but theio aio hopes of l Jones Is now lodged in J ill. Ilill'ri Intcret H I'rtiicctml. SiouvCm , la , Miy 15 [ Special Tclo- giam toTiii ; BCK 1 At the meetinc of tlio Sioux C'ty & Not them dheetois today Claikson Pindloy , M 1) Gio\ernor and W. E Dodge represented the James J Illll in- leiests in person A S Gaiietsou w..s elccled president , C. D WiiLtht vice piesi- dent and G W. Oiklei , scciotari nnd treas- uier. Dtngnr liom IllffhVatnr * Bfiuisoros" , la , Mai ' 5 The liver here Is still liblng slowly and Is now twelve feet live Inches above low water mark Low lands across the river in Illinois are under water for several miles back. 'Iheiuis not mud. damage yot. Count ! rroltmn I'ln id ( iulll.\ . . Sioi'Cirv , la , May 15 [ Special Tele gram to Tin : Bui ! ] Geoigo Il.illett and John .Mason , the coiinterfciteis nricsted Satuulnv night , pleaded guilthefoio the commissionci tod.ii and weio held to Ihe fe deal coui t 1111:111 nu i'iui\jni. ICnd of iho Colonulu Itutii War Vn Affic'- iiifiil Ueiilird Vo Until ) . CiurAOO. Ill , Miy 15 The long Htnndlnir differences between the Coloiado Midland and the Denver \ - Itlo Grande hive been finally setllod au3 rates in Colora lo will be icstored as soon as it ein lie leg illy done. This means two or three dus bdfuru Uio smelly Colorado ratjs will ba hick -mm their old basis and possibly ten dajs bjfore the rate to Ogdt-n will be put wheic it was bofoic aetive hostililiis woie bciruii The mailer of running ono 01 Iwo Uainseaeh way oven da\ will he left to e.u h toad to do as it pleases about , nnd all ot it-r matti-rs not healing stiictlv iijion the points at issue will also bo left to the picslclents of thu tlif- fcientioids The line of the Colotado Mid land bclwecm Kiflo Spilnns and Giand Juiu1- tionwill be owned half and half h.iho . roads , according lo the oiiginal agioement ma Jo butwcc'ii the Colorado Midland and Denver & Uio Giando when the founcr load was constructed Tno effect of the settlement of the Cole lade troubles means a stiffening of Woild's fair rates cast of the Missouri mrr , but they will not icaeh thu point which it was originally intcn led th it they should The Atehlson's notlco of withdrawal fiom the Wcslein Passenger association o\pnes on Satuiday and a meeting of general m inagcis has been called for Fiida.v to sco If matteis cannot be arunged so that tlio Atchison will remain in the association The Atchison has all aloiiR been in favor of a lower rate to the World's fair than tint ofili iiilh adopted by thu assoelitlon , and it will now insist that some concessions 1)0 made to its wishes in this rcgaid It will ask tb it the round tlip ratu fiom Donvtir to Chicago bo not over J5. ! and lhat fiom Kan sas City 115 or ? IH If it cannot obtain ilicso i.ilcs , or Ihelr equivalents. Us nnlko of withdiawnl fiom thuVosteiii P.isscugui as sociation will hold good , and tbcro will he lively times in i .UPS east of thn Mis-ouil liver. Mhoanxleti 01 the Builiugton and Hoeh Islanil for hiu'liei rates will ho 11 potent I I factor in seeming the Atelilson a Uetoo in , thislespect The total amount of oastbouii'l shiiimenls last week , oxcluflve of Ihosioik w.isr.S.D'Jl ' Ions , against 50ijU | tons foi tlio coiicbpond- ing week of last ii'jr. ji/fV.s//// : 4 I'.iitiM.ii .f iitr.n , Itumorril tu ll.mi I.rfc l.lno iln lor an ICx- tomlHil JoiiriKty , Liscoi.v , Neb , M ly 15rip [ i.-i.il Ti lo- gram to Tin : Bri : | It wis ( iiucntly m- morcd tonight that H C Ojtcilt , cashier of the dufunct Cipllll Nillouil biu'c ' , had taken French loivu of itmdl , ' I'tiu report wasciieulued by somj of the bin'i ' crod- itois.and the ovusj given fir his dmi- ; puataneo wa1. Hi it ho did not c-.ito lo face thu investigation whiuh it was believed the foJer.il grand juiy , now In session at Omah i , would instHute as lo his knowledge of and connection u It li llievaii ous frauds perpetnled by Picsldent Mouhur O'ltcalt ' has been isslsting Itccoi'.oi .MaePar- land In vvliidttij ; up tint business of Iho broken bink since the Jailor's appolnlmcnt. No ono could be found who had seen Out- calttoda\ , but n well known banker says that ho talked with him icsterdiy and that ho docs not believe thcro Is any tiutli in thn nimor He siys thut if Outcalt left the city loday ho did so with the Intention of appear ing bofoio the grand Juri Olhcrs of his fi lends 8ay tint ho wan In in today and will meet any chat ges made against him Millie * till ! Mot Innrll HlilllB. Ai.ingL'iicji'i : : : : , N M. . Mai 15. The stockmen - men arc happi because of heavy lains kid have fallen In central New Mexico and norlhcrn Ariwna from Iho Pcco liver to the Colorado dcscit At some cattle ranges near Albuqufliquo thei e.'weio twcnty-elglit itof hours of solid lain Theio was a washout oft ttiiee-fonrths of a milo of tuiek on the At- lanllo It Pa el llu road at a point Iu the Colo- leer radriclosnrt where no rain had faKcm fore oen years , DEFENSE TAKES AN INNING Respoudonts in the Impeachment Trial Begin to Show Their Hand , "V SUPERINTENDENT KNAPP COMES FIRST lie Toll * of the IVcu'liir Manner In Which Supplied Worn Itc-cohotl nl I ho An ) him John 1VV ! ) tor HIM n brc Nt LIXCOI.X , Neb , May 1.1 [ hpeclal Tclo gram toTiinUKu ] Two weeks el the 1m- poaehmuHt tilil have pisicd into history , and with them h is gone the llrst day of the third week with the icspondculs at the bat. Whether or not the impeaehod ofllclals Imo found any helling balm In today's ' testimony Is a dubitubloquoitlon , as they clilm they huvo , white the nttonio.is for the managers dcclato that so far the witnesses for the defense - fenso have plied up some strong testimony for tlio state. Ono thing , how ever. Is cer tain ami tint is that today the defense his followed the line piedlctod by TUB Bitit , n shifting of icsronslblllty and throwing the blame upon the shoulders of other paities. This fact was brought out Just before the adjoinnmeut of eouit this evening , when John Ij Webster got to the front with a lai go mass of testimony lalvcti before an In vestigating committee w lilcli sot some niQiiths ago. With this testimony Mr Webster hopes tosh v that many months ago tlio icspond- enls had the matter of frauds at tlio asy lum called to their attention , but they w6ro hampered In their oilotts lo show a clnar bill on account of the fact tliat they weio with out fundsand could not seem o the attemlauco of witnesses The people of the stale will icmembor that when this alleged investiga tion was instituted itvvas dining the heat of tlio last political campion and it Is openly chaigedthat it was commenced as a vote catcher Whether this bo true or not it is also well known that shoilli after the election it w us chopped. l.ijln Till in tu Iliijd's Ihiinilur , Iii this connoclion it can bo truthfully said that while James H Boict was the chief executive of llio state he was continually pestered by complaints chaigiug fraud at the asilum. At last ho wioto a letter to the Boaid of Public Uuuls and Buildings. , com manding the membeid to investigate the subject in a most tliuiough m inner Follow ing out the instructions of that letter tlm boil d oiusod several Indictment ! ! to bo 10- tuiucd hi thu Lancaster county gland Jury , and now these gentlunen will claim that thei woio foiow lined , thus taking to them selves thu ciedit of seem ing the Indictments. Tliis thoattoinois for tlio state declare is a thin excuse , and a defense that can easily bo punctured , as they pioposo to show thut Ihoro was a loud and cii ing demand for ro- foun many months ago and that the icspond- enls never lui ned a h ind lo find a remedy until they weiediivcn Into the last ditch. llio st ite finds n laigc amount of satisfac tion in the testimony of Dr Kmipp , as it shows the shifting of i expansibility and the negligence tint his been ehugod. That testimony bhowed conclusively that thcro vv.is no check s\ stem on the coil , and that tlio matter xvas tuuiod over to the fireman , hi him turned over to souio other person , and In duo time tbo vouchcis got back to the doctor , who ccitilled tint they were coned although he know nothing about it , aside from whatsuboidimites had lold him. Tlio leblimoni of Iho engineer at the bos- pital was in diicct line with whrt the stnto chaiged in the specille itious , as tli it gentle- uiuu swoic that duiiug the coldest whiter weather ho used but , ilfteon tons ot coal per day or1M ) per inontli , wliilo the bills audUed and ouleied paid l > i tlm Bouid of Public l.iuds and Buildings show that dining llio Iiot wcatho hot weather of July 43' ) tons of coal went out the institution. I'lrst ( in- tinDC fi unit. Dr Kuapp , the os-iupeiintendcut of tbo " " ' Lincoln asylum foi thu Insane , was the llrst ' witness swoin Witness vvas asked b. " John L Webstcrj j 'Is theio a stowanl and bookkeeper at the | asilum , and , if so , what aio their duties * svith lefcienco to handling the supplies ? " , ( "Yes. sir ; J D f.iucr was the sto\vard \ 1 and U F. Pass was the bookkeeper. Tliolr ? dullcs were lo krnp a corioet account of all ' sippllcs ) , as between the state and the con- ' - tractors. 'Hie stovvanl s duty was to loolt . i after tlic supplies " , "What w 01 e i our dutic s w ith rofei enco to 1 the matter ! " "I was the executive ofllccr and their \ouchcispissrdthiouph my hands at the end of cadi ironth , If 1 had any ciders to clva I cave tricm thiough the steward or to him. " ' U'as theio aiii Hour doilwicd lo the asy lum hi Son oil & Co. during Ib'.U and tlio/list tin eomonths of 18W'1 ' Yes , sir , and the man biinglng Iho ( lour \Mis instiuctcd lo in ing dnplleato bills ; thcso liills weroehcckeil by tlio biker and by him passed to thu bookkeeper At the cud of each mouth tliniu was a complete cheeking up " "What attention did iou ivo to the 10- I'clpt of coalJ" A general supervision ; when the vouchers ( Mine to mo I ascertained If tlio pi ICCB and weights coiioinomlod with t hu bills " " ) ' IKM what "Jiulnn' , oxtonsloiisandenUrgo- ments wcie undo icqulung an Incicasud cimsuiiipllon of coal' " "Nun bollois of gieitorcipaclty woio put in , Thu old holleis wuro twelve feet in length while tlm mm ones aio sixteen feet ; dining IWO a giDOII house was constructed. ; * well was dug and iho holler capacity In- ( icasnd one third " What would iousiy about Iheso hollers nil ing moru eoal than the old ones ! " 1 should think Ihoi would lequlro moro coil"Do Do i on know ! " asked Mr Lamberlsoii. "J think I do. bul iou know I am not an engineer. " "What diioctlims did iou give about keening - ing an account of tlio coaU" asked Mr. Web- r In Iho spilug of 1801 the stowaid was requested - quested and Instincted to keep n cheek of tluieau of cell dc-livc'icid on thu asylum snitch Piiorto that llmo we look minu weUht. " "What became of the account of uais ? " " 1 dent know " "Was there such an account when iou left the as\linn/ / " "I don't know ; they woio kept by tbo ituward " ' Wro they In hU oflico when the voucher * woio signcMl ! ' wore , 1 llilnk " K c < plui ; Till' un the Coal , "Did iou keep any other iceord ? " "Duiing the fall of Ib'.U wo concluded vre would weigh thu coil ; wo notified the bid den s that wo would no lontrcr accept mine weights This oidrr went Into effect Janu- t- ary 1,18W , and wax continued so long as I was at tbo asylum , the weights were kept in a book and the settlements Were made on what thcBO books showed , " "Hero is a voucher , purporting to have been approved by you on May til , 1B911" "Yes , sir ; I approved that voucher , and it was after an examination ; I thought and be lieved it to have been correct. " Following the lull eduction in evidence of the voucher , the wltnesn was euovrn tht