Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 08, 1894, Image 1

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    REPEALED THE LAW
Federal Control of Elections Wiped Out by
tbo.Senate's Action ,
PASSAGE OF THE HOUSE REPEAL BILL
Democrats and Populists Join Forces and
Vote for the Measure ,
STEWART OF NEVADA ALSO VOTES FOR IT
Why He Placed Himself in Opposition to
the Wishes of His Party ,
REPUBLICAN EFFORT WAS UNAVAILING
jiociirnro : | nml Logic Could Not AVltliMaml
Uie AVrlght of Numbers , nml IVili-nil
of tli Ilallot AVvro
Jtenuned The Vote ,
WASHINGTON , Feb. " . The bill repeal
ing In tote all federal laws regulating the
control of congressional elections has passed
both houfccs of congress and only walls the
signature of President Cleveland to become n
law. After several weeks of discussion the
senate today finally came to a vote on the
house bill repealing the federal elections law
and It pansed by a vote of 39 ayes to 28 nays.
Numerous amendments were presented by
the republicans , but they were voted down
regularly and methodically , the democrats
not even taking the trouble to join In the
debate on the amendatory propositions.
Senator Stewart of Nevada voted with the
democrats on every proposition , giving as his
reasons , that he thought the power of the
executive wns already too great and that the
centralizing tendency Of the age should bo
checked at once If the republic Is to survive.
The three populists , Senators Allen , Kyle and
Peffer , also voted with the democrats on
every amendment , as well as on the main
bill. The measure as It passed the senate
Is Identical with the bill as It pabsed the
house , no committee amendments having been
presented.
The attention of the senate was oc
cupied for fifteen minutes by Sen
ator Cameron of Pennsylvania this
morning In the presentation of fifty or more
petitions against the Wilson bill and the
reading of each petition by title. They
came from manufacturers , operators and em
ployes , representing nearly every Pennsyl
vania Industry affected by the proposed tariff
reduction. Senator Cameron also presented
an amendment to the tariff bill postponing
until January 1 , 1890. tha date en which the
proposed law shall take effect.
A resolution was presenlcl by Senator
Dolpli of Oregon reciting that the finance
committee Had refused hearings on the tariff
bill to those representing the producing and
labor Interests of the country , and directing
that all petitions , memorials and prote-ts to
that committee and the senate be printed
an a senate document. The resolution went
over under the rules.
TOOK UP THE REPEAL BILL ,
taken up by Senator Hoar , republican , of
taken up and Senator Hoar , republican ot
Massachusetts , took the floor In opposition
to the measure. Ho said ho was one of the
live senators now In the chamber who voted
for this law in 1881. The law had been
approved not only by the republican party ,
but by a largo majority of the American
people. The senator said the records In
the archives of the capltol making up the
history of elections In this country since
3SS5. show the blackest nnd worst history
of crime since the world was created.
"When these reports ar read , " said he ,
"blackening the fair name of this land , we
must walk backward with averted gaze and
hide our heads In shame. This Is n question
of whether the supreme pearl and gem in
the crown of American manhood shall not
have the strongest force on the face of the
earth for Its defense. "
Senator Gray , In replying to Senator Hoar ,
said these elections laws had In every
Instance promoted and aggravated frauds ,
instead of abating them.
In the course of a colloquy between Sen
ators Gray and Hoar , the latter alluded to
the elections of 1870 , when the elections in
New York were fair examples ofthe opera
tions and effects of those very laws.
Senator Gray retorted by reading from the
report cited by Senator Hoar another extract
alleging wholesale frauJs In Philadelphia in
the same year , when the entire local and
national governments were In the hands of
the republicans.
Senator Cameron Interrupted , nnd after
calling for the reading of the passage re
ferred to , said : I happen to have a
good deal of knowledge of the election of
1876. I was the secretary of war , as the
Eonator will remember. The elections In
, Pennsylvania that year were as honest as
these In any part of the world. They have
been and always will be , because wo are nn
honest peoplo. But there were some elec
tions In that year which were not so honest ,
nnd as secretary of war I had to Interfere.
The result was that Mr. Tllden did not become -
come president of the United Stales. "
( Laughter. )
In opposing the bill , Senator Allison of
Iowa said ho had examined the democratic
national platform and had not found the de
mand for the repeal of this law which some
senators had alleged existed there.
Senator Daniel , alluding to the Davenport
-discussion of yesterday , presented the pub
lished testimony of the committee of investi
gation before which Davenport acknowl
edged. In answer to n question by Senator
Hill , that ho had received $8.000 or $8,000
from the league members to bo used In elec
tion prosecutions.
After a few remarks by Senator Chandler ,
Senator Bate of Tennessee took the floor In
favor of the bill. The argument of Senator
Date was that the chief object ot the federal
elections law was to capture the electoral
votes of the southern states for the repub
lican candidate for the presidency and to
secure republican senators and represent
atives In congress. The scheme had failed
as all the other plots had failed , bocanso the
"alliance" had deserted the republican btand-
nrd , The states should bo left free to con
trol tholr own elections. Th's Is the doctrine
of homo rule , and homo rule is the only
Ba jty for the republic.
VOTED DOWN THE AMENDMENTS.
At 'the conclusion of Senator Bate's remarks -
marks Senator Chandler prrjontod nn nnipnd-
mrnt. which provided that only no much of
existing election laws as provided for I'cpnty
marshals at elections shall bn repjalod. The
yeas and nays being demanded on Mr.
Chandler's amendment , ( t was dcfoaUHl by
n vote of 87 to - 0. Senator Stewart nf Ne
vada and Senator * Allen. Kyle and Puffer
v < mng with the tlrmoeraU ,
Mr. Chandler then presented nn nmend-
nu-nt. the cffoct of which was to apply the
repeal sections of tha bill to supervisor * nnd
deputy marshals , but to leave on the Eatutn
books the "crimes" section. " 1 Ji-jjv this
Amendment will bo satisfactory to the other
elde. " wild Senator Chandler. ' "By It thu
various sections of the existing l.nvn provid
ing for marshal * and supervisor * will be re
pealed ; but we shall still have the crimes
act and crimes ngalitst the Biiflram- con-
necilun with cungntiilonal elections will
HUH l > pimlfthahlo under statutes and In
" nilpil State * courts. '
\jaln the yeas and nays \vcru demanded ,
thlt amendment , too , was defeated , the
1 being ynas , ST ; nays , 38 ,
Vioihpr .iincndnu'iit van presented by Mr
' Her. to restrict tle : scope of HIP repeal
retaining a EMU sain Her number ot
"crimes" provision * , but this , too , was re
jected yean , SS ; naj's , 30.
Senator Chandler then presented nn amend
ment designed to retain certain provisions of
the act of May 21 , 1870 , and to thlx amend
ment , he said , he asked the special atten
tion of Senator Stewart. "After the senator
from Nevada , " fald Senator Chandler , "had
succeeded , as the grand champion of freedom
In the senate chamber , In securing the adop
tion of the fifteenth amendment to the con
stitution , he followed It up by the passage of
this statute. He declared then a constitu
tional amendment was worthless unless con
gress made a law to enforce it. Does he In
tend to contribute his vote here to strike
down a portion of ono of the greatest and
noblest acts of his life ? "
"At the time the bill was paused , " said
Senator Stewart , "wo had just passed
through a civil war. We wore In process ot
reconstruction. Many things were neces
sary that are not now. The states must as
sert their rights. They must be upon the
side of the people. I don't think that they
have any protection against the federal gov
ernment. Any special law that might bo
supplanted by a state law I want to see
wiped from the statute books. "
This amendment , too , was rejected by a
vote of 28 yeas to 3D nays.
Senator Perkins of California offered an
amendment , making the federal elections
law applicable to cities of 200,000 or over. In
stead of cities of 20,000 or over , as provided
by the existing laws.
The amendment was rejected by a vote of
27 yeas to 39 nays , and several other amend
ments were next presented by Senator
Chandler and were rejected by viva voce
votes.
The vote was taken on the passage of the
bill at C o'clock and it was adopted by 29
yeas to 28 nays.
The detailed vote Is as follows : Yeas :
Allen , OtbKMi , Mllchollof WIs ,
Halo. Gordon. Munriiu ,
Ilerry. Gorman , 1'alnier ,
lil.iL'kburn , Orny. I'anco ,
Hrlei' . HarrH , IVJIor ,
Under. 11111. 1'tnrli.
CafliTy , Huntoii , KniiHom ,
Call. li-py , Iloaeh.
Cockrcli , Jones of Ark , Mowarl ,
Cokf , Kyle. Vi-Ht.
Colqultt , Lindsay , Vila * .
Daniel , Martin , Voorheea.
Faulkner , MI1U White of CM.
Total Yeas 33.
Nays :
Alilrleh , Oiilllngcr. Plan.
Alllhon. Hale. Proftor.
Cameron , llanBbroiith , Quay ,
Can1 } ' . H.iwley , Sherman ,
Cliamllcr , . Hlcdin1 * . Shoup ,
Culloni , Hoar , Squire ,
Dlxon , IxyJiri * . Teller.
Dolpli. Mitchell of Ore , WaMiburn.
Unbolt * , Perkins , Wllnoii.
Krye.
Total NayB 2R.
After the transaction of Rome minor busi
ness the senate went Into executive session
and at 6:15 : adjourned.
TAKKS Jl'ILK OUT Ol' PI.U.MS.
ICrpresfntiitlvn Stone's 1'ropoiul Decidedly
Dlxtustrfiil to Con-ills
WASHINGTON , Feb. 7. The plan of In
specting Immigrants at ports before their
embarkation to this country has been ap
proved by the house committee on judiciary.
The plan , as presented In a bill Introduced
by Representative W. A. Stone of Pennsyl
vania , provides that no alien Immigrant
shall be admitted to this country until ho
presents a certificate from the United States
counsul at the point of debarkation stating
that a full Inspection of the Immigrant has
.been made , and that he or : < ho Is entitled to
admission under the laws. The l-"l further
Imposes on United States consuls tns added
duty of Inspection of immigrants.
The plan is likely to cause a fatlr In the
consular branch of the State department
service. The bill imposes heavy
responsibilities on tiic consuls at such leadIng -
Ing ports ot embarkation as Liverpool ,
Havre , Naples and Hairburg , where the
number of Immigrants to be inspected dally
and to be furnished with certificates would
reach hundreds during heavy periods of im
migration. The bill makes no provision for
extra compensation to the consuls nor does
Mr. Stone , the author of the bill , think ex
tra compensation will be necessary.
"There are plenty of people to accept
these desirable places , " says he , "with such
duties as congress may impose upon the
places. Thera would be no more need of In
creasing the compensation of the consuls for
the added Eeivice than there would be for
increasing the salary of a Judge when a
number of cases before him Increases. "
Mr. Broderlck of the judiciary committee
does not agree with Mr. Stone , and thinks
that If congress carries out the plan of for
eign inspection an appropriation will be nec
essary for execution of the foreign emigra
tion service.
Concerning the merits of the foreign in
spection , Mr. Stone says It will be far more
effective than Die present seaboard and bor
der Inspection and will have fewer hard
ships to Immigrants. He points out that
criminals can readily blip Into the country
under the present law , as Inspectors at New
York or elsewhere have no means of learn
ing the criminal antecedents of an Immi
grant. But a fore'gn ccnsul , conversant with
the people about to immigrate , could more
readily detect criminality and prevent the
Immigration of such convicts. Ho points out
also that the present law often operates
harshly In sending an Immigrant back homo
after ho has spent his money and time In
crossing the ocean. Mr. Stone expects the
bill to pass Urn house , as there Is no party
consideration Involved and the measure Is
for the protection of the immigrant system.
AL SUKVIiV AVOKIC.
Some Int > rr < < tIntr I'lKiiret ' ullnl from John
\V. 1'owcll'N Amiiiitl Heiiirt. ;
WASHINGTON , Feb. 7. Director John W.
Powell of the geological survey has submit
ted his annual report to the secretary of the
Interior. It Is n lengthy document and con
sists principally of technical details of the
progress of the various branches of scien
tific work. Photographic surveys were car
ried on In twenty-one states and territories ,
making 26,000 square miles the area sur
veyed during the year. The total area sur
veyed since the organization of the survey
Is 573,000 square mllss in forty-seven states
and territories. Including 2,450 In Nebraska ,
U50 In Iowa , 6C.2DO In Kansas , 900 In North
Dakota and 3,310 In South Dakota.
An Invesligaltpn of the hydrographlo force
has resulted In the tabulation of some Im
portant figures , showing a growing Interest
In the subject of running waters of the
country. Steps are already being taken. It
IB stated , to iibc at least the smaller streams
for water power nnd Irrigation. . A rough
computation Imbed on thu results of stream
measurements and census figures Indicates ,
It Is cited , that thn running streams of the
region , when all are used , will liava a value
of at least ? COO.OOO,000.
For the topographical work east of the
eighty-seventh meridian under the direction
of Henry Gannett I'.iO.OOO wti * allotted nnd
same amount for the work west of the one-
liundrcdMind-thlrd meridian under the di
rection of A. H. ThOmppon.
An additional $60.000 wax allotted for work
in the two Dakotas , Nebraska , Kansas and
Oklahoma.
The division of Illustrations was dissolved
at the opening of the your and then rcor-
ganliod with n force of sown persons. The
total expenditures of the survey fcr tlin
year amounted to $2J3,222 , ugaiiiKt nn appro
priation cr JlSO.uTJ.
/.MM.Y JMV T.tKK .t Jf.l.V/l.
Mlhiidn Adxlxril to Send Wur Ship * to lc-
nuiiiil Ijiifi-u I.U' RrMunitlon.
SAX rUANClSCO , Feb. 7.--A copy of the
Japan Dally Herald , which urrlvrd hero last
nlKht on the hio-aimr Prrn , cuntaln * nn mli-
torUl on the Hawaiian question. Tim paper
say * : "A telegram to President Cleveland
from tlio cmporor here Informing him that
his Imperial nitiji-sty Inlmuls to restore the
queen of Hawaii to her IhroiSo would l.-e ap
proved by him. " Tlio paper adrieg that
three ur fuur JaiMiic * mnn-uf-tvar l > . > wnt to
Honolulu with a iremplury il.-iru'iu ! for * ln-
restoration of the ijurrn ar.d says Hut Ji.ptii
h&s the rlp.ht In Interfcru for ta
ot Japs ou the Ut&ud
THEY UPHELD MR , CLEVELAND
Eis Policy Toward Hawaii Endorsed in the
House by a Narrow Majority ,
PASSAGE OF THE M'CREARY ' RESOLUTION
Many Drmorratu lcfn ! nl to Vote nml Homo
Voli'd AgiiliKt It Trnccy Starts u
I'lllbuttrr AgiiliiHt tin * Srlgnlor-
ngo Coinage 11111 ,
WASHINGTON , Feb. 7. By a vote of 175
to 57 the house today adopted the resolution
condemning Minister Stevens and sustaining
the Hawaiian policy of Mr. Cleveland. The
republicans filibustered against It to the end.
Upon the first vote the resolution was carried
by 174 to 3 , and an Interesting parliamentary
questlo'n was raised as to whether 177Instead
Of 179 , was not a quorum , four scats being
vacant on account of deaths. The speaker
held that a majority of the members of
the house then living constituted n quorum ,
quoting In support of his position a review
of the subject made by the ex-speaker In
the Fifty-first congress. His position , how
ever , was warmly contested by some of
the democratic members , and It wan finally
agrceil to take the vote over again , so the
ruling was eventually withdrawn.
The Boutelle resolution was defeated by a
strict party vote.
After the voting upon these resolutions
had been completed Mr. Bland of Missouri
made on attempt to get up his bill for the
coinage of the silver seigniorage in the
treasury. The eastern democrats , led by
Messrs. Tracey and Cockran , inaugurated a
filibuster , In which they were Joined by the
majority of the republicans , although a few
of the latter indicated by their votes that
they favored a consideration of the bill , and
for four hours Mr. Bland and the remainder
of the democrats were held at bay.
SHUT OFF LEAVES OF ABSENCE.
Finding that It was Impossible to secure a
quorum to proceed with the consideration of
the bill , and that the house might be dead
locked indefinitely upon the proposition , Mr.
Bland directed his efforts toward securing
the adoption of a .resolution to .revoke all
leaves of absence and to Instruct the ser-
geant-at-arms to arrest absentees. After a
persistent struggle , which lasted until 7
o'clock , Mr. Bland was successful , and the
resolution was passed. In order to make It
still more effective , the order was made a
continuing one until vacated by the house.
Immediately after the 'reading ' of 'the '
journal , the chairman of the committee on
appropriations reported the urgent de
ficiency bill and gave notice that he would
call It up tomorrow.
Mr. Patterson of the committee on elec
tions gave notice that he would call up the
O'Neill-Joy contested election case on Mon
day next.
Mr. McCreary then called up his Hawaiian
resolution.
Mr. Reed , pursuing his filibustering tac
tics inaugurated yesterday , made the point
of order that when the house adjourned last
night It adjourned pending proceedings to
enforce the attendance ot absentees.
He contended that the proceedings under
the call did not terminate with adjourn
ment , and that the only thing In order was
the report of the sergcant-at-arms ; or. If
the chair held that all proceedings were
terminated by adjournment. It also va
cated the order revoking the leaves of
absenc ? , and instructed the sergeant-al
arms to telegraph for absentees. If the
latter order was carried out , then the ser
gcant-at-arms had exceeded his authority
in executing the order , and his actions
should be examined. He offered the speaker
either horn of the dilemma.
The speaker overruled the point of order ,
holding that while all procedlngs under the
call terminated with adjournment , the order
revoking leaves of absence executed Itself.
DISCUSSED AN IMPORTANT QUESTION.
The roll was then called on the adoption of
the McCreary resolution. The republicans
sat silent In their seats. If the resolution
was to be passed they resolved the demo
crats should procure their own quorum.
The speaker announced the vote as 174 to
3 no quorum.
Mr. Springer raised the point of order
that although 179 members ordinarily would
constitute a quorum , as there were four va
cant seats , 177 was aljuorum.
This was a most Important parliamentary
question , said .Mr. Springer , who called the
attention of the house to the fact that In the
Thirty-seventh congress , when several of the
southern states.failed to send members. It
was hold that a majority of the members
elected constituted a quorum.
Mr. Breckinridge of Kentucky maintained
that the question before the house was of far
graver Importance than the passage of any
resolution expressing the sense of the house
on the Hawaiian matter.
Mr. Reed , during the course of Mr. Breck-
Inrldgo's remarks , called attention to the
fact that a majority of the members of the
senate constituted a quorum.
Mr. Bailey of Texas came to the rescue of
the speaker and made a strong argument In
support of the Involved ruling. "No Immedi
ate party advantage , " said he , "can Justify
an Improper decision on a point so vital as
this. " Ho then proceeded to argue that the
practice of the ruling turned on what " con
stituted the house of representatives. He
maintained the members constituted the
houhe. One of the most Important matters
that could be submitted to the vote was
that of passing a bill over the president's
veto. The constitution required two-thirds
to carry a bill over the veto. He cited an
instance during the administration of Presi
dent Pollt , when Mr. Bell was speaker. On
motion to pass a bill over a veto the speaker
held the house , within the meaning of the
constitution , consisted of Its actual mem
bership.
At the conclusion of Mr. Bailey's speech ,
which was listened to with marked atentlon ,
Mr. McCreary suggested as the best way out
of the difficulty that unanimous consent be
given to take the roll call over again. No
objection.
objection.DRUMMED
DRUMMED UP A QUORUM.
"The chair withdraws his ruling , " snlJ the
speaker , "and the clerk will again call the
roll upon the adoption of thu resolution. "
Enough democrats appeared upon this roll
call to make up the quorum , and when It
became apparent a quorum would b9 secured
the republicans began voting. The resolu
tion was carried , 176 to C7.
As on yesterday Mr. Cummlngs , demo
crat , of New"York and Mr. Geary , demo
crat of California declined to vote. Mr.
Sickles , democrat , of New York who yester
day voted against the resolution , was not
present today. Mr. Cockrcll , democrat , of
Tcsi1 , who refused to vote yesterday , voted
for the resolution. Mr. Daniels , republican ,
and Mr. Adams republican , voted agaliut
the resolution.
Just before the vote was announced , Mr.
Cummlngs of Now York , standing in the
area in front of the speaker's chair , stated
that he desired to vote to make a quorum.
" \Vas the gentleman In the hall of the
house and failed to hear his name called ? "
asked the speaker.
"I was , " replied Mr. Cummlngs ,
The speaker directed the clerk to call Mr.
C'ummlng8' name. He did so ,
"I vote no , " answered Mr. Cummlngs ,
with great emphasis ,
Mr. Adams asked the privilege of with
draw Ins his vote on the ground that he
voted under a misapprehension.
"I object , " shouted Mr. McCreary.
The bpoakor hold that the vote could not
bo withdrawn , except by unanimous consent.
Mr. Reed challenged the ruling , claiming
that It had never been so held before.
"The rule Is clear , " said the speaker. "If
the gentleman from Maine will reflect on
the rule for a moment "
"Tho gentleman from Maine has reflected
on Uie rule Mveral minute * , " ha Id Mr. Reed
nurc-utilcallv.
"If the gentlemen who have not reflected ,
llu-n. will eive their attention , " continued
the speaker with some vigor , "the rhalr will
stale that the rule requires that earh mem
ber giiall vut t until excused , and when a
gentleman has voted jho chair does not
think it competent for a member who has to
voted to withdraw that'vole ' save by unani
mous consent. " ' [
"And It has always been so held , " added
Mr. Bland of Miss&irU hotly. "When the
gentleman from Malnd Iwas In the chair he
counted gentlemen an voting against
whether they voted or not , "
Finally , by unanimous consent , it was de
cided to tmvo another rail call on the resolu
tion and the speaker's decision was with
drawn.
When It became apparent on the second
roll call that the democrats would have a
quorum the republicans voted against the
resolution and It passml yeas , 177 ; nays , 67.
The vote was then tiken on Mr. Boutelle's
resolution and It was lost by n strict party
vote 01 to 101.
This Is the resolution Mr. Boutelle has
been trying to get a hearing on for the past
few weeks. The action of the democratic
majority In Insisting on first considering the
Wilson bill and the MeCreary : resolution pre
vented It being voted on before today.
Immediately on the announcement of the
vote , Mr. Bland called up his bill directing
the secretary of the treasury to coin the
silver seigniorage In the treasury , land
moved the house go Into committee ot the
whole for Its consideration.
Mr. Tracoy of Now Yirk raised the ques
tion of consideration.
Mr. Springer made the point of order
that the question of consideration could not
be raised.
The speaker sustained the point , explain
ing that the purpose of the opposition to con
sidering the bill would be subserved by voting
ing against the motion to go Into committee.
The motion to go Into committee was lost.
Some of the eastern democrats Joined the
great bulk of republicans and refuted to voto.
On motion of Mr. Bland a call of the
house was ordered , fit developed the pres
ence of 245 members.
Proceedings under ( lie call were dlspenred
with and Mr. Coombs , of New York moved
to adjourn. '
This being defeated without a division the
vote recurred upon Mr. Bland's motion to
go Into committee of the whole. It resulted
15-1 to 4 , still no quorum.
Mr. Coombs moved to adjourn. It carried
on a rising vote 104 to 192.
Mr. Bland was , however , resolved to con
tinue the fight , and demanded the yeas and
nays. The house refused to adjourn.
Mr. Bland then moved a call of the
house. It was carried on a rising vote 93
to 72.
Mr. Tracey demanded the yeas and nays.
The call was ordered l > y a vote of 170 to 62.
Mr. Wise of Virginia moved to adjourn and
roll call followed roll call in quick succession ,
each call developing the fact that members
were slipping away , Uut at last Mr. Bland
was successful In passing a resolution re
voking all leaves of absence and instructing
the sergeant-at-arms to take Into custody
absent members and bring them to the bar
of the house. In order to make the resolu
tion more effective It was made a continuing
order until vacated by the house. Then , at
7 o'clock , the house adjourned.
KXISTINR TUK.VSIIM WILL , STAND.
Wllion Itlll Dors Xbl Krpral ISoolprocity
Arrangements Alrrudy .Maile.
WASHINGTON , Fob. ' " . Fears have been
expressed that the repeal of the reciprocity
clause In the McKluley act , accomplished
by the late amendments to the Wilson bill ,
might have the effect-lit 'abrogating or limitIng -
Ing the reciprocity treaties already in oxlst-
encq between this country and several
South American republics. But It Is pointed
out that the bill . contains the following
clause limiting the"e tellt ° r a11 repeals.
"The repeal of oxlStig JawB or modifica
tions thereof embraced .lu this act shall not
affect any act done , oj. any act accruing or
accrued , or , any suit cr proceeding had or
commenced 'In any Civil cause before the
said repeal or modifications , but all rights
and liabilities under said law shall continue
and may bo enforced in the same manner
as 1C said repeal or modifications had not
been made. "
Representative Hltt , who was closely
Identified with Mr. Blaine In the develop
ment of the reciprocity treaty , says the
foregoing proviso applies only to the pend
ing suits on the appraisal of merchandise.
He thinks the repeal of the reciprocity
clause will terminate the negotiations wth
Venezuela , but will not affect the treaties
with Brazil , Spain and "other countries which
were fully completed and proclaimed. These
treaties were brought about mainly by the
feature of the reciprocity law which per
mitted the president to .make commercial
retaliations against such countries as failed
to comply with the reclpcoclty treaties with
this country. Now this power to retaliate
Is withdrawn , there will be nothing to re
strain the treaty other than the good will
and crmlty of other nations.
J-'J.OUJt OlTTl'VT.
What tlu ; Mill * of tin- Northwest Have
Ilvpit Doln ? for the I'ust AVeek.
MINNEAPOLIS , -Feb. " . The Northwest
ern Miller says : There \vas another small
Increase in the flour Output last week. The
quality ground was 113,800 barrels , against
103,900 barrels the week before , and 192,525
barrels the corresponding week In 1S93.
Tuesday there were twelve mills .In opera
tion , producing at the rate of 19,500 barrels
per twenty-four hours , but it is not likely
this gait will be kept up all the week. The
water power Is troubling some and two
mills now on the active list will probably
stop about Wednesday night , cutting off
2,000 barrels dally from the figures named.
The shortage In water necessitates the use
of more steam.
About all that can ba said of the flour mar
ket Is that bomewhat more orders arc com
ing In. They are too often secured at cost
or even below , the miller figuring that It is
better to accept a small loss rather than shut
down. The tales last week were 125.000
barrels. Most of the business came from
domestic points outside of the big trade
centers.
The export trade continues very meager. A
limited amount of bakers were worked , but
buyers are usually fl pence under the views
of millers. There Is a difference of about 2
shillings on patents. The high cost of cash
wheat necessarily ketps the price of flour
pretty firm , and buyers seem to be less In
clined than they formerly were to gauge their
operations by their oKers.
The outside mills of the northwest appear
to bo selling a little more flour and are
grinding somewhat more strongly. Low
grade flour and feed are in good demand In
this country at fair prlix-a , and this helps
the miller out a great 'deal.
Of the mills at Superior and Duluth the
same paper says : A'fi Uie one mill In op
eration last week ran op only one-half time ,
the output amounted to Uut 6,500 barrels.
STE.ll > IMS 11K.II11) .
ViiiiHins London IMIlnr's I'rlvato Ailvlce
on ( iluiUtoiin'K Jluiuun > d KeftlKimtlnn.
CHICAGO , Feb. 7. The Inter Ocean
says that a private cablegram In Chicago
from' London contains absolute assurances
that the rumored resignation of Mr. Glad
stone as premier ot England will soon be
an accomplished fact. Editor W. T. Stead
said last night , that he had received mes
sages that loft 'no doubt in his mind as to
Mr. Gladstone's Intention to resign.
AVantril for I'mtuMzlcmcnt.
DETROIT. Feb. 7. Bank Examiner Caldwell -
well has sworn out a complaint for Frederick
Marvin , ex-cashier of the Third National
bank , on the charge of embezzlement In con
nection with the conversion of certain notes
to his own UBU last March. The alleged of
fense Is an extraditable one and It Is thought
that he will boIn the tolls within a few
hours , although lie cannot now be found.
The facts , alleged are similar to those
charged in Marvin's recent troubles regard
ing alleged conversion of notes to his use.
M \eindiU of Ocrun Strmiulilp IV'lirimry 7.
At Scllly Slghtca P.'iris , New York to
Southampton.
At the Liz-ini Sighted Ems , from ! \ow
York.
At New York Arrived Khaetua , from
Hair.l irg ,
Pl TTIVf TAT f/llir < IMTtlAt VIM' '
CLT1IXC IN SOME EVIDENCE
Trial of Bishop Bonaoum Proceeds to tbo
Taking of Evidence.
FATHER CORBETT IS ON THE STAND
Olvcs it HUtory of tlic Illffrrrnrre lletwccli
HlniM'lf mill the Superior of thu
UlorciM' ISUtiop 5cnmicir .Judg
ment In tlio
LINCOLN , Feb. 7. ( Sj-eclal to The Bse. )
The larger part of today In the trial of
Bishop IJonacum for criminal libel , upon
charges preferred by Father Corbett of
Palmyra , was taken up by arguments of
the attorneys on both sides , The attorneys
for the bishop attacked thu Jurisdiction of
the civil courts over matters ecclesiastical ,
and the question was argued at great lengthen
on both sides , their blng apparently no
limit to the versatility of the attorneys , who
quoted ecclesiastical law with the same
volubility as they did the civil. During the
forenoon Father I'helan again renewed his
bitter argumentation against the bishop ,
thus lending n sensational feature to the
trial that It otherwise might not have as
sumed. After Attorney Stearns , for Father
Corbott , had presented the legal aspects of
the case , quoting many authorities to prove
that the civil court had jurls-JIctlon over the
case nt Issue , Father I'helan commenced
his disquisition. He laid especial streps
upon the fact that Father Corbett had
never been suspended by the bishop as the-
latter had asserted In his communication to
the Palmyra parish. The St. Louis priest
argued that If It could be proven that the
bshop ! had suspended Father Corbett then lia
would have been acting In accordance with
his ecclesiastical prerogatives In communi
cating the fact to the members of the church
in Palmyra , and In that case , he admitted
the civil court would have no Jurisdiction.
"Hut , " continued Father Phelan , "we
defy Bishop Donacum to show to this court
that he ever suspended Father Corbett.
When did he suspend him ? By what act ,
by what scratch of the pen did ho do It ?
He cannot produce a written line to prove
his assertion. We have his letter in which
he claims to have done it , but when did he
do It ? Father Corbett has never down to
the present day received notice from the
bishop of his suspension. We defy the
bishop to show a writing over his own sig
nature affecting Father Corbett's sus
pension. We defy him to go to
the telegraph office and show a mes
sage In which ho announced to Father Cor
bett the fact of his suspension. We defy
him to go the telephone and show that ho
Invoked its use to suspend Father Corbett.
Wo defy him even to go to his own ofllcial
archives and we challenge him to produce
a line from them by which he can substan
tiate his claim that ho has wispendeil
Father Corbett. How , then , did he do
It ? Why , simply through his hat. "
CIVIL CQUUTS AND CHURCH LAWS.
Continuing , Father Phelan maintained that
civil courts were entitled to hold church
organizations to the strict observance of
their .own .laws. The Catholic church , ho
asserted , had 'Its laws for Its own govern
ment , and Its laws comprised the most com
plete system of Jurisprudence the world has
ever witnessed. The clyll laws themselves
were founded upon the canonical law as pro
mulgated by the Catholic church. In the
present case , he argued , the bishop had not
observed the laws of the Catholic church.
The counsel on the other side , lie said , had
set up the plea that they did not want any
interference from the civil courts. In
effect they said , "wo have a little king- here
of our own , for whom there Is no law. " He
contended that the laws should be equally en
forced against the kings and bishops when
they transgressed. In concluding he paid his
respects to the attorneys for the bishop and
warned them to be more civil toward himself
and to the bishop he said that his little
kingly crown would not be accepted as se
curity for costs by the court.
In summing up the argument Mr. Sawyer
closed with a denunciation of Father Phelan ,
which created considerable diversion In the
court room. He denounced the St. Louis
clergyman for presuming to argue upon
the points of law In the case and in going
entirely beyond his province In abusing the
bishop In an uncalled for manner. Mr. Saw
yer said that , Judging from the utterances
of Father Phelan , the case at Issue was not
one brought against Dlshop Bonacum by
the state of Nebraska , but rather against
the bishop by the state of Missouri. In
concluding he painted Father Phelan as the
personification of the venom that can ani
mate the human tongue and mind.
The court took an adjournment until 2:30 : ,
and , upon reassembling. Justice Spenser
held that the civil court had Jurisdiction
over the case and directed that the taking
of testimony be commenced.
BETWEEN BISHOP AND PHIEST.
Father Corbett took the stand Immediately
after tha midday recess and his examination
commenced. From his testimony the partic
ulars of the old and long standing contro
versy between himself and the bishop were
given to the public for the first time , and
they go far to explain the bitterness be
tween the two men. The first olllclal letter
Indicating the trouble between the bishop
and the priest was one written in the year
1891 , in which the bishop cited Father Cor
bett to appear at St. Theresa's parochial
school In September of that year
and show cause why he should not be sus
pended from the ministry for reasons
specified in the letter. The citation In
cluded a list of the misdemeanors charged
against the priest , the dates upon which
they were alleged to have been committed ,
the names of the witnesses. Among the.
misdemeanors alleged were these of drunk
enness , visiting saloons , profanity , conduct
unbecoming a clergyman , conspiracy to In
jure the good name of the bishop and claimIng -
Ing to have in his posseslon the knowledge
of certain facts reflecting upon the morality
and personal character of the bishop.
Father Corbett's testimony brought out
the fact that two trials were held upon the
above charges , the first being before Bishop
Bonacum in Lincoln , and the second before
Bishop Scannell In Omaha. At the first
trial Bishop Bonacum found a verdict of
guilty , and the trial before Bishop Scannell
at Omaha was In the nature of an appeal.
In which the Judgment rendered by Bishop
Bonacum was reversed. In proof of this
fact the following olllclal statement was
offered in evidence :
BISHOP SCANNELL'S JUDGMENT.
*
"OMAHA , Sept. 17 , 1891. Judgment In
Uev. M. J. Corbett before the communion of
Investigation of the diocese of Lincoln ,
"Having revloweJ the evidence in the case
I find the proceeding ] before the commission
were gravely Irregular. In the flret place
the right reverend bishop of L'ncoln should
not have presided at the Investigation , hav
ing no locus curlac
"Secondly , the disbarment of defendant's
attorney was Improper and arbitrary. I do
not find a particle of evidence to Justify
such dUbarment , which In any case would
bo solely within the province of the Judge
having Jurisdiction in the case.
"In the third place the greater part of the
evidence for the prosecution cornea before mo
without proper authentlca'tlon und must , bo
ruled out. Only the evidence of C. E. Babcock -
cock and Hlchard O'Kceffe IH presented In
proper form , and although this evidence
shows that the accused has not been always
as wise or prudent as ho ought to be , never
theless It does not rail for the Infliction of
any ecclesiastical censure , even If the In-
formallllofi of the trial did not forbid a sen
tence of condemnation ,
"In the fourth place the minutes are ad
mitted by the prosecutor to be Incomplete ,
and lastly the Justices did not give their
opinion according to law governing such In
vestigations , Therefore the sentence of the
court Is , the dnjjflfi nmde against Hev. M.
J. Corbett have " & ' > jeen nustnlnwl.
v. -l < tlAHD SCANNKLL ,
"Bishop of OrT31 \ Judge In the above
case. " -T-- .
comusPONuiFIIOM SATOLLI.
After the readln jr- the above statement
another contention - * among the lawyers
as to Its admission. - - IT considerable argu
ment It was admltti , . , the court , the at
torneys for the blah ; avlng conceded Its
authenticity and ofllCharacter. . Follow
ing this came a letter V j ther Corbett from
Bishop Bonncum. Th ' Uter wns written
after the matter hadu , laid bi-fore Vr.
Sntolll. The apostolic delegate wired the
bishop In latin to revoke the sentence of sus
pension , whereupon the bishop wrote Father
Corbett to the following effect.
"I am to Inform you that I have received
Instructions from the npontolle delegate to
remove the icntoncs of suspension , and while
I consider his action most extraordinary ,
yet It gives me great pleasure to comply
with his request. Therefore I remove the
suspension under which you have been la
boring since the 17th Instant. "
After further argument this letter was
also admitted In evidence mid the court ad
journed until tomorrow morning.
irrxntXH ri > covuni.is's CASK.
Uefenit" Seciirci nil Ailjniirnnirnt mill An-
iiiinifo ( Hint It U 111 Soon Itc.nt.
CHICAGO. Feb. 7. The end of the famous
Coughlln trial is unexpectedly near at hand.
At the opening of court today Judge Wing of
the defense moved an adjournment until to
morrow and announced that the defense's
testimony was about completed.
"Only a few days remain before the de
fense will rest Its case , " said the attorney.
"Boforo we close , we desire a day In which
to look over our evidence and see If It can
not be shortened. Furthermore , I am ill
and not able to conduct the case today. "
Judge Tuthlll granted the adjournment
upon the recommendation of Assistant State's
Attorney Bottum.
After the court roam had been cleared ,
Coughlln. his father and w.fe. together with
Judge Wing and Attorney Donohuo , held a
long consultation. The questions were earn
estly discussea whether or not Coughlin
should take the stand In his own defense ,
and whether or not the testimony for the
defense re'ating to Martin Burke and portions
tions .relating to Patrick O'Sulilvan should
be omitted. The matter was left largely to
the decision of Mrs. Coughlln , the fa'thful '
llttla woman who has Iron In constant
attendance at the trial. Coughlln's father
was also appealed to frequently by th at
torneys. The priEoner himself had little to
say , and was evidently trusting to the
Judgment of others.
After the consultation , the attorneys said
that the matter of Coughlln taking the
stand was still in doubt.
( } I HI , KILLED.
Natural Ci : < IZxploilon nt IiulliinapollK Some
Narrow i : rnpr.s.
INDIANAPOLIS , , Feb. 7. An explosion of
natural gas In the cellar In the saloon of
Louis Kurrchler wrought sad havoc a few
minutes before 1 o'clock this morning. The
building was located at 4Sa Madison avenue.
The family , consisting of the father , mother
and four children , were in bed when the
explosion occurred. It was caused by an
escape In the supply pipe. The building was
reduced to a mass of debris and particles
were scattered for hundreds of yards abdut
the neighborhood.
HOSA KURItCHLER , aged 13 , was In
stantly killed , her neck having been broken.
Charles , two years younger , was seriously
Injured.
Louis , Julius and Lottievere also slightly
Injured.
Julius , a son , was thought to have been
lost , but was rescued after digging his way
partly out of the wreckage. The monetary
loss Is small.
. ,
Tire .s .u.v.
Dosprnito nml Prolonged Flslit Arising from
the Turner-Howard Feud.
BAUBOUHSVILLE , Ky. , Feb. 7. A des
perate fight occurred at Mount Pleasant in
Harlan county Monday night , in which Will
and John Turner were killed by Dr. William
"Nollln , a prominent physician of that city.
Dr. Nollln walked Into the shop , and seeing
John Turner In the shop , told him ho
would kill him. Both men began fir-
Ing. Turner fell dead. Nollln by
this time had exhausted the
loads In his pistol. Will Turner , an uncle
of John , arrived and attacked Nollln.
Neither had pistols , but used their knives.
They had struggled over considerable ground
and Turner was wounded when they got
Into the middle of the struct. John Turner
Is a son of Judge George B. Turner , a prom
inent attorney. It was John Turner and
his brother who led the Turner side of the
famous Howard-Turner feud In Harlan
county a few years since. Will Howard ,
the leader of the other side , was hanged In
Missouri the 19th of last month. The
trouble Is thought to bo a renewal of the
old feud. _
Now Telephone Company nt St. , Tou ,
ST. JOSEPH , Feb. 7. In accordance with
the program outlined at the meeting of the
Harrison Telephone .company In Chicago
yesterday , It has established a local company
In Uils city and will put In a complete telephone -
phone system here. The company Is known
an the Citizens Telephone company and has
been granted a franchise by the city council.
Of the local company M. M. Hlggs , late cush-
ler of the Central Savings bank. Is presi
dent , and work will be commenced en the
line at once. Connections will be established
with similar systems which will be oigan-
Ized In neighboring towns.
Still a M.v trrj %
DENVER , Feb. 7. The Can- murder mys
tery continues to bafllo the police. Mrs.
Carr Is Btlll In custody at the county jail ,
but there Is ap yet little excuse for holding
her. Today she confessed she had been
an unchaste woman before and after mar
riage , but denied being Implicated In her
husband's murder. There was no Insur
ance on Curr'H life , the two policies for $10-
000 having been allowed to htpsc some
months ago. There lu now KOIIIO doubt
whether Carr was over divorced from his
Baltimore wife.
CLEVELAND. Feb. " . Delegates from
twenty states gathered at the Foreat house
today to organize a National Dairymen's
association. The object of the organiza
tion will be the dissemination of Informa
tion and Uie betterment of dalrymen'H In-
teroBtH generally. II. N. Amos of Spring
field , Vt. , acted as temporary chairman.
After agreeing that each state should be
allowed two delegates and HppolntliiK a c'jm-
mlttct * on credentials , the convention
adjourned until 2:30 : p. in.
rpiilemle of Tlilruvx at ( intlirli * .
GUTHHIH , Okl. , Feb. " . The city Is over
run with thieves and burglars. An unknown
woniHii , went through thrco Ofllcos in broad
daylight. Half a ear of flour was stolen
from the freight yards. Three hundred dollars
lars worth of groceries have Ueo.ii hauled
from Kuylor & .McDonald's grocery. J. n.
Myers' dry fioodti house was burglarized and
several people robbtnl on the street In the
lust few nights.
J'ropoMtil < li' l h
SIOUX K.M.LS. S. U. , Feb. " . ( Special to
The Bee. ) South Dakota has a JtrwUh rabbi.
He in an accomplishe.1 talmudlKt and In In
the direct Levlttcal llm > of prlekthond. He
arrived In Ix-adwoixl u few dayu cgu from
Germany und i crone * to found a vyuacogue
at Dradwoodi
Passage of the Torts of Rio Harbor by tlio.
Eebcl Cruiser'Aqnidaban ,
RECKLESS DARING OF THE INSURGENTS
Though Stormed at by Hundreds of Big
Guns the Bay is Entered in Safety.
POOR MARKSMANSHIP ON DOTH SIDES
Although Over 300 Shots Were Fired Bat
Little Damage Was Done.
FURIOUS FIGHTING FOR A SHORT TIME
All I lie llatlcrles Along tin1 Shorn n il ( in
tin ; Hilltop * Au.Uu'iieil Into Spiteful
Actlilt.v .V Thrilling Day
for tint City.
RIO DE JANEIRO , Fob. 7.-Tho com
parative quiet which prevailed hero for ten
days or more was rudely Interrupted yester
day by a furious encounter between thu
Aquidaban and the forte , followed by ai > at
tack by the rebel fleet" on the batteries Iti
possession of the government und upon the
shore defense of the city. Later in thu
day another light took place at Santa Anna
und Pontu da Arrca. The fighting , however ,
only resulted In the killing of four men
and the mortal wounding of a fifth. Thcso
were all citizens of Rio. The rebel loss , II
any. Is not known.
It had been rumored for several days that
the Aquidaban had returned from the north
and that she wns waiting outside the bay
for a good chance to run In. Consequently ,
the force of the government and the rebels
were on the lookout and prepared for any
opportunity that might present Itselflu
spite of Itself , the arrival of the Aquldabau
was something of a surprise to all. The
night of January 11 was unusually cold ,
a sudden squall lashing the waters of thu
bay and coast into white caps and leaving
behind n heavy low lying fog. Under cover
of this the Aquidaban approached and waH
almost under the shadow of Fort Santa
Cruz before she was seen. This wan at ! ! ( )
a. m. , about an hour before sunrise. In
stantly the fight began from Fort Santa
Cruz , and a moment later Fort St. John
joined in the fight. Llttlo Fort Lage ,
further Inside the bay , also sent her quota
to Increase the hall of missiles which rat
tled around the daring Aquidaban. At that
range , however , not a shot reached Its mark ,
and without making any reply , the black
ship passed silently on Into the narrow
channel between the fortresses.
Fort Santa Cruz , not 300 yards away
from the Aquidaban , worked Its guns
furiously , sending a plunging fire upon thw
decks of the warship. Fort St. John ,
mile away , sent Its projectiles against the
rebel Fhlp's broadside , and Fort Lago
swept her decks with a railing fire. A ship
could hardly be put to n moro severe test ,
and yet the Aquidaban passed rapidly .on , ap
parently uninjured by such shot as struck
her. The shots all glanced from her side ,
When Just opposite Fort Santa Cruz , In
the narrowest and most dangerous place ,
she seemed to awake. From her huge guna
fire spurted out and their heavy projectilea
flow forth against her enemy. Fort VII-
logagnon , up the harbor , now came Into
action , and by her rapid lire attempted to
draw off attention from the Aquidaban.
For half an hour the fight continued , until
at last the Aquidaban dropped anchor along
side the Tamandare out of range of all
hostile batteries.
POOR MARKSMANSHIP.
Perhaps 300 shots had been fired at
ranges from GOO yards to two miles with
guns of from fl-Inch caliber down to 02-
pounders , yet , so far as call bo learned , ab
solutely no damage was done. The Aquid
aban , though struck heavily several times ,
was practically unhurt , while not a single
shot either from her batteries or from Fort
Vlllegagnon struck any of the government
forts.
Later the Guanabar , one of the rebel tor
pedo cruisers , opened fire ( at C:35 : n. in. ) on
the shore batteries erected to protect the cus
toms house. This was answered from thu
shore , but neither sldo seqmod to do much
damage. A little later.Cobras Island ami
the cruiser Trajano joined the Guanabar and
still later the Llbertade , with Admiral da
Gama's flag flying , also came Into action.
The latter , however , contented herself with
firing three heavy projectiles , which passed
over the shore defenses and burled them
selves in the ground.
The fatalities reported were caused by the
explosion In the city of a shell fired by the
Guanabar , which killed four men , namely ;
Pedro Malneul , policeman ; Miguel do Jesus
Gadalara , a shoemaker ; Amerlco Duarte , an
apothecary ; Manuel Gonzales do Sllva , u.
medical student.
The fire ceased after a while , only to be
renewed at 3 p. m. against Santa Anna and
Ponta du Arrea. It was replied to by the
batterlt-s there mounted and by those at
Madama and Dovelho. The action was de
sultory , little damage being dono. This was
a good day's fighting for Hlo do Janeiro.
Later in the evening a few more small
shots were fired Into the city and an un
known man was badly Injured.
Admiral Julio do Novouoha haM assumed
command of the government's naval forces
here and elsewhere.
( nmn nml Mt'llo Artionil I'rlriulo.
BUENOS AYRES. Fob. 7. Advices from
Ulo do Janeiro deny the reports of dis
putes between Admiral do Mello and Ad
miral da Gaina. Admiral do Hello will di
rect the land operations of the Insurgent
forces until Santos has been captured.
After that ho will resume the command ot
the naval squadron.
President Pelxotu continues to throw into
Jail all persona whom ho believes hostile to
him and his cause. Including foreigners.
The insurgents In Rio harbor will remafn
on the defensive until reinforcements ar
rlvo from the bouth. Those uro expected
shortly. _
'ii Ini ( ; Ktorc C'lonoil.
ATKINSON , Nob. , Fub. 7. ( Special Tele
gram to The Boo. ) The doors of the A. B.
Loose drug stole were closed HUB morning
and bore the legend : "This stock In pos
session of C. M. Forney. " The llabilltUa
will probably moro than cover the assets ,
Mr. Forney , who Is a druggist here , is the
principal creditor.
aii'Nitiimrn'H Cno Artiln Truiiifi-rreil.
KANSAS CITY , Feb. 7. The cases against
J. V. MoNamara were today tran f. red from
Justice Nlthol's tyurt at Indepudi'nca to
the criminal court In this city. The amount
of McNmnara's Uond will l > o flxe'l by Jndgf
Wolford tills cventtiK and thu time set for Ins ! *
trial. U Is probable that ho will tccuro
bondsmen ,
Colorado' * Lf
D12NVRH , Fob. 7. In plte of ti- ) dilatory
tectlCB of the minority , the senate mJorliy ,
which U still working for an early adjourn
ment of tlin cxiru xtMnitin , today killed over
a dozen of the bill * ) ia ei ) by the house. Thn
lioiih-9 today pawMxl the bill fur the conn ruc
tion ol itHte tuna ! * Nov. 1 and 2.
Vojrfl fur th Svlioul Ilonil * .
ST. JOSEPH. Feu. 7. TJio upcIal elertl-m
to vute $2 o o < X > bonlH for in w Kfhor.l Imlld-
lnK In tliU f jty , 'Carried by more Hian two-
thirds majority yesterday. Thr bonds will
be Ucucd on soon as they can be prepared ,