Nebraska Newspapers

    THE OMAHA DAILY BEE.
ESTABLISHED JUNE 19 , 1871. OMAHA- TUESDAY MORNlKGr , 3JHOVEMBEK 13 , 189-4. SINGLE COPY IttVJD CENTS ,
SHOT THEIR PARTNER
Wounded Eobbor Killed by His Companions
to Frorcnt His Peaching.
BOLD ROBBERY OF A KANSAS BANK
Three Masked Robbers Do the Work Expeditiously -
peditiously and Thoroughly.
CASHIER GAVE THIM A PARTING SHOT
Hit Ono of Them in the Back and Brought
Him Out of the Saddle.
NO CLUE TO THE R03B.RS' ' IDENTITY
General NupposUlon U that Tliojr Wore a
1'ortlon of the Ooolc Gung Who
\Vcro Leuvliifr the Indutu
"territory.
SALINA , Kan. , Nov. 12. Three masked
Jobbers attempted to bold up the bank at
Sylvan Grove , Kan. , forty miles west of
here , at noon today , and one of their num
ber met deat In on unusually tragic manner.
Ho was shot by the cashier 'of the bank ,
and when In a dying condition was perforated
with bullets by his own comrades , to save
Jhcmselves from exposure. The men rode
Into town on fast horses , and they were
heavily armed. Their masked faces and fly
ing steeds attracted , everybody's attention ,
but they wasted no tlmo In getting to work.
They pulled their horses up with a
jerk In front of the bank , and while ono
robber remained seated , holding the bridles
of { he other two horses , guarding the en
trance to the bank , his two companions en
tered. A citizen who was transacting busi
ness at the counter quickly complied with
their command to throw his hajids up. The
cashier was ordered to turn over what money
ho had , and to do It double quick. He
looked Into the muzzles of both revolvers
far a moment and then reluctantly com
plied. It was but a few minutes from the
time the bandits turned their horses Into
the business street before they were again
mounted and away with all the ready cash
the bank hod. The moment the robbers were
out ot the building Cashier John Clano se
, > cured his gun and rushing to the door
i opened fire upon the robbers as they were
galloping away. The bullet from the cash
ier's weapon lodged lu the back of one of
the fleeing men. He reeled tn hla sadlle
for a moment , but nerving himself , ho kept
his seat and galloped on. He was too badly
wounded , however , to continue the effort
long , and before he had gone a quarter of a
mile his body swayed to and fro , and finally
ho fell heavily to the ground.
His two comrades , who up to this
tlmo had kept right ahead , pulled up
their horses , and riding up to the
prostrate man deliberately fired several shots
into his body and dashed away. When
picked up the deserted outlaw was dead.
Nobody knew him , and nothing to Identify
him was found on his person. Who his
companions were Is only a matter of con
jecture , It Is believed they were a scattered
portion of the Cook gang , working their way
west after having been separated from the
j band and -driven from their haunta In the
' Indian Territory. The bank has offered a
reward of ? 200 each for the capture of the
robbers , dead or alive. The sheriffs of three
counties have organized forces which are
now In search of the bandits. The amount
of booty secured has not yet been learned.
The bank officials are keeping that quiet.
AUTISTIC TU.UN IIOLU-IH' .
Ilrqiitrcd Just fifteen Minutes to Complete
tli , Jol > .
JIONETT , Mo. , Nov. 12. The St. Louis &
San Francisco passenge-r train No. 1 , due hero
at 7:00 : p. m. , was held up and the express
car 'robbed three miles east of this city at
7:30 : o'clock this evening. Your correspond
ent was a passenger on the train and an eye
witness to the bold and successful robbery ,
which was committed In a deep and lonely
cut. At Verona two masked men boarded
the tender ot the engine and concealed them
selves until the heavy grade and deep cut
was reached , when they sprang from their
hiding place , covered the engineer and fire
man with Winchesters , and commanded them
to stop the train. The order was promptly
obeyed. Climbing over the tender Into the
cub , the bandits marched the engineer and
fireman to the baggage car and commanded
them to open the door. Messenger Chapman ,
by this tlmo aware , of the presence of the
robbers , refused to comply , when In a laud
tone ot volco the bandits , now six In numb -
b r , threatened to blow up the car with
dynamite , and with true determination and
In regular Bill Cook style , produced a stick
of dynamite and were Jui > t In the act of put
ting It to use when Engineer Stevenson called
to the messengers and Implored them to
open the door , which was done. The bandits
entered the car , plundered It. and In full
view of the terrified passengers , clambered
up the hill and made tnelr escape. It Was
a successfully planned holdup , which re
quired just fifteen minutes. When the train
came to a tudden stop the clear report from a
Winchester rang out upon the air , and every
passenger on the train knew what It meant.
A second later tour bandits , who \vora red
bandana handkerchiefs over their faces ,
Joined their pals at the express car and the
Job wait done. "No shooting goes , " ex-
clalmc'J thu leader ; "head * back there ,
lieads back there , " continued he , and
those tvko dared to look out of
the car windows obeyed without a second
warning. Conductor Wlghtman hastily
passed through the train and warned the
passengers to conceal their valuables. Women
and children wcro panic stricken and men
hastily concealed watrhrs and money. Pas
senger * took refuse under seats , behind doors
nnd some returned to tha Pullman sleepers
to the rear of the train. After fifteen
minutes of terrible suspense the engineer
and fbruiian were marched at the muzzle ot
ft un to the cab of the cnglno and com.
minded to back the train a quarter of a
inllo from the ; icon * of the robbery. A
Rccom ! report from n Winchester was a
signal to the engineer to pull out his train ,
and the robbery was at an end.
Messenger Chapman tueceeded In hiding all
the money save $200 In currency , which ho
liandod over to the robbers. Two of the
Ring climbed the steep hillside and Joined
the gang In waiting ( ; i the woods. As they
sc"nded the rocky hillside the gltfamlng
barrels of their guns were plainly visible.
Th train pulled Into Monctt twenty minutes
Is'c ar.d UIP news spread like wildfire. A
waj firmed but for w " of a leader
failed to pursue the bandits , who arc sup
posed to bo none other than 1)111 ) Cook and
his notorious gang.
XVXB C'.I.V AVI tti TK.lCltltllii.
Court Hold * They Ciinnot lie
linrrcil When Properly yimlllleil.
PITTSDUna , Nov. 12. Juttlce Dean of the
state supreme court today handed down an
opinion In the case of John Hysong , ct at ,
vs the School District ot Galltzlnborough , an
appeal from Judge Darker ot the court below ,
who refused an Injunction to prevent nuns
from teaching In the public schools dressed
In the garb ot their order. Judge Dean
confirms Judge Barker's decision. In his
opinion , which Is very lengthy , ho says :
"Tho court , after full hearing , finds there
was no evidence of any religious Instruc-
tlon or religious exercises of any character
whatever during school hours. Dut the
court further found that , after school hours ,
the school room was used by the teachers
In Imparting Catholic religious Instruction to
children of Catholic parents , with the con
sent of , or by request of , the parents , This ,
the court enjoined , because It was a use of
the school property for sectarian purposes
alter school hours.
"As to the fact admitted , that of the eight
teachers six of them were sisters of a re
ligious order of the Catholic church , and
while teaching were In the habit at their
order , the learned Judge of the court below
saysVe ! conclude , as to this branch
of the case , that In , the ab
sence ot proof that religious sectarian
instruction was Imparted by them during
school hours , or religions sectarian exercises
engaged In , wo cannot restrain by Injunction
members of the order of Sisters of St. Joseph
from teaching. In the public schools in the
garb of their order , nor the school directors
from employing or permitting them to act
In that capacity. ' In this case the school
board committed no unlawful act In selecting
these Catholic women as teachers because by
moral character and certlfleJ attainments trry
were qualified , and their religion did not dis
qualify.
'The ' dress Is but the announcement of the
fact that the wearer holds a particular belief ,
The religious belief of teachers and all others
Is generally known to the neighborhood and
to pupils , even If not made noticeable In the
dress , for that belief Is not secret , but Is
publicly professed. In the sixty years exist
ence ot our present school system this Is the
first time this court has been asked to decide ,
as matter of law , that It Is sectarian teach
ing for a devout woman to appear In a school
room In a dress peculiar to a religious organ
ization of a Christian church , Wo decline to
do so ; the law does not so say , "
Justice Williams filed a dissenting opinion
In the Gallltzin school case. In It he says :
"The question presented on this state of
facts Is whether a school Is filled with re
ligious , ccclesastlcal : persons ns teachers who
come in the discharge of theirl dally duties
wearing the religious garb and hung about
by the rosaries and other devices peculiar to
their church and order are not necessarily
dominated by sectarian Influences and1 In
structions contrary to the constitutional pro
visions and the school law. If In some
borough school Episcopalian clergymen should
appear in their robes , and if Catholic priests
should appeal to the courts , I should no more
doubt their right to rel ef than I doubt the
lights of the plaintiffs In this case. "
Mjssiv * a nx'otsjixiriED.
. ' ' 1 liougaml for )
Hp.ilu I'jij'B Seventeen lain-
njo Dunn In I'nimtio.
NEW YORK. . .ov. 12. ncv. C. L. Cro-
gan , district secretary of the American board
ot commissioners for foreign missions , has
received word from the secretary of the
homo board In Boston that the treasurer has
received $17,500 from , the United States gov-
ehnmcnt , being tha Indemnity paid by Spain
as compensation tor an outrage perpetrated
ngalpst American citizens and American
property In Ponape , ono of the group "of
' '
Mlcroneslan Islan'ds'ln the southern Pacific ,
In 1SS8.
It was many years ago that the American
board established a mission among the na
tives of Ponape , a savage race. A church
was built and schools were put up and main
tained and the mission work was carried on
with much success for a long time. Subse
quently Spanish missionaries arrived on the
Island and strife soon followed. Threats were
made to kill the American missionaries and
their families and for a long time they lived
In fear ot their lives. The situation became
so perilous that Rev. T. E. Doane and his
associates wcro compelled to flee from their
homes In the darkness of the night by means
of small boats. The hardships endured In the
flight proved fatal to Mr. Doane and Miss
Fletcher , one of his assistants , became crazed
by reason of her terrible experience and has
since been an Inmate of an insane asylum In
Honolulu. After the departure ot the refu
gees the schools and the buildings ot the
mission were destroyed by fire. At first
Spain denied any rc&ponslbll'ty ' In the matter
but was at last forced to admit It , as the
payment of the Indemnity shows. No at
tempt has been made to reopen the Ameri
can mission ,
IT.LISOIH C'OK.V MKLD.
Average u Little Otor 'Iwonty DuslioU per
Aero of I'oor Quality.
CHICAGO , Nov. 12. The Prairie Farmer
tomorrow will say that returns covering
every point In the state make the average
yield of shelled corn per acre a fraction
above 20.5 bushels. A heavy acreage was
planted this year nnd in the early part of
the Benson the Indications favored a large
crop , the largest ever grown. The midsum
mer drouth , In addition to the general dam
age to the crop , resulted In the abandon
ment of 7SG3IKX ) acres , leaving the area
actually harvested only 03,078.000 acres. This
makes the total crop of the present year
1,437,000,000 bushels , Including nil qualities
gathered , but not Including1 Immature corn
on the area cut up. This latter Item has
no recognized commercial value , but it has
a feeding value , ar.d Its use on the farm
practically enlarges the crop to a small ex
tent. The quality of the crop Is poor.
The feeding of wheat to farm animals
has steadily Increased , and except In those
districts which have an abundant corn crcp
there Is no evidence of'any tendency to
curtail this use. It- has been demonstrated
that the grain has greater feeding value ,
bulk for bulk , than earn. Carefully tabu
lated local estimates Indicate that nearly
121J per cent of this year's crop has already
been thus used , equal to probably 00,000.000
bushels , In three months. When new corn
Is generally available the rate of feeding
will be generally less. The general opinion
of correspondents wmld seem to Indicate
that something over 100,000,000 bushels will
be used , but this Is not presented ns n
dcllnlte estimate , ns the future feeding de
pends upcn the relative value of corn and
wheat. It Is given out as a fair Indication
of what pre ent conditions are likely to
bring about.
lluvlticTrnalilo ( inttltii ; .Miirrlrd.
CINCINNATI , Nov. 12. The Times-Star
Lexington special says : General Casslus
Clay , 83 years old , Is having more trouble
nt Richmond , Ky. , today than ever , In try
ing to be married to Dora Hlchnrdson , aged
15. HlH son IJrutua Is a very Influential man
In that county and has persuaded the min
isters and civil onlcers against performlnK
the ceremony. 'Squire Milton had promised
to perform the certnvny todiiy , but , like
the onlcers last Saturday , he declined to dose
so when the time arrived. The old gentle
man , being- unable tn pet any clerical or
civil authority to officiate at any price , an
nounces that he and his protege will go
cltewhere to be married.
i llrolio Doirn.
NEW LONDON , Conn. . Nov. 12.-The new
torpedo boat Ericsson started early for the
course In Long Island sound over which she
Is to have her nosed trial , but met an ac
cident which will again postpone the trial
Indefinitely. She had Just started on tne
course between the first and second buoys
when an eccentric snapped on the starboard
side. The damage will be repaired at once.
Two Jurors Minim-irlly I :
MEMPHIS. Nov. 12.-Jurors Harrows and
Patterson were peremptorily dismissed from
the jury in the- lynching case- this mornlnu
by Judge Cooper. The ground * on which
they were removed was that they had
previously stated that they would hant nu
white man for killing a negro A new venire
was drawn to fill the vacancies.
JAPAN WILL SOON ACCEPT
End of the Great Oriental War Almost
in Bight.
CLEVELAND WILL PROBABLY ARBITRATE
Oriental \Viir I.lkely to Uo Settled by Tills
Country \Vlillo I'uropritn Governments
Arc UlscumliiK How nnil When
to Intervene.
. WASHINGTON , Nov. 12. Up to noon today
Japan hail not accepted trio offer of the
. .
United Stales to act as mediator In the war
with China. Lengthy cablegrams are passIng -
Ing , however , between the Japanese capital
and Washington , with the prospect that a
final decision will not be long deferred. A
cablegram from the Japanese minister ot for
eign affairs was received this morning ask
ing for more explicit Information. This was
done , and features added which It Is ex
pected will show the Japanese government
the desirability ot the change.
China has already formally notified Secre
tary Qrcsham that she will join Japan In
acknowledging the Independence of Corca
and will also pay a cash Indemnity. The
amount slio will pay Is not specified.
It Is felt In official circles here that the
gravity of the action taken by the United
States Is not fully realized by the public , as
It contemplates a foreign policy to which the
Hawaiian Incident Is said to bo tri
fling In comparison. Should Japan and
China accept the United States as me .r
It will close the greatest war since thu
Franco-Prussian conflict and this country
will for the first time occupy a commanding
position In deciding Asiatic questions which
have heretofore had the attention of the
European powers only. At present the
European powers are endeavoring to reach
an agreement among themselves by which
they will forcibly Intervene. France pre
sented a proposition to Secretary Grcsham
to join In foreign Intervention. This was
rejected as the proposition of Great
Britain had been. Wht.e the European
powers are thus arranging the details for
their Intervention the United States comes
forward Independently of the foreign powers
and offers to act as mediator If China and
Japan request this service , In view of the
avarice to secure new territory which Is be
lieved to Inspire the European powers It Is
felt by officials and diplomats hero that
Japan will accept the mediation of the
United States , although the hesitation of the
Toklo- authorities Is taken to Indicate- that
they want China to fix the exact figures of
the cash Indemnity , which cannot be , In the
Judgment of those best posted , less than
(100,000,000. Japan's final reply Is expected
almost hourly. It Is anticipated here that
an armistice will be proclaimed by both
countries and the battling about Port Arthur ,
Wlju and Moukden will cease :
The Japanese legation today received the
following telegram from Illroschlma-
headquarters of the Japanese navy and army :
"Marshal Oyama reports that the First di
vision of his army took Kin Chow on No
vember G and toolc up Its position In the
vicinity of the Tallen Wan on November 7.
The enemy's force at Kin Chow was about
1,000 Infantry and 100 cavalry. There were ,
besides , at Tallen Wan 3,189 Chinese In
fantry , but they all fled toward Port Arthur.
Our loss was ten , and the enemy's also
small. "
The Japanese legation had not received , up
to noon today , official confirmation of the
capture of Port Arthur. The legation people
say , however , that If Port Arthur has In
truth fallen. It will bo the most disastrous
bloW that China could have received. Coun
seller Stevens oV the legation explained that
Port Arthur had been pronounced Impreg
nable by the naval experts of Germany. Lt
Hung Chang had built three modern gun fac
tories there which rivaled those of the
Krupps. It Is largely given over to the as
sembling and making of mortem war mater
ials. It Is even In some respects similar to
the Norfolk navy yard , although three times
greater In extent. Moreover , LI Hung Chang
has centered Ihero the pick of the Chinese
army. In the event of Its capture the ques
tion arises as to whether the troops were
taken , and also whether the vanquished
sought to blow up the city before giving It
up , In any event. It Is said that great quan
tities of war material and Implements for
making them must necessarily follow the
capture of Port Arthur. It Is pointed out ,
however , that the capture , If effected , Is
mainly Important In giving the Japanese
a fortification Inside China from which they
cannot hereafter be dislodged. The Japan
ese soldiers would undoubtedly make the
place a depot of operations , and It would also
afford a protected shelter V'or the Japanese
fleet. The gun factories which have been
the chief reliance of LI Hung Chang , would
henceforth bo at the service of Japan.
IX STATK AT MOSCOW.
thousands of KuiMaim View the Remains or
the I.atn Czur.
MOSCOW , Nov. 12. Thousands of people
visited the body of Alexander III during the
night as It rested In state In the cathedral
of the Archangel Michael. The golden pall
was thrown half back , exposing the features
of the. dead man. On his breast and above
the crossed hands of the dead rested the
sacred Icon of St. Alexander Ncwsky , the
late czar's patron saint. Tho. leading offi
cials were allowed to kiss the Icon , and
they all availed themselves of this much
coveted privilege.
It was noticed during yesterday's ceremonial
menial that the czar showed striking traces
of grief and fatigue , but ho bore himself
manfully and conversed a great deal with
the princeof Wales , who was almost con
stantly at his side. The body of the late
czar will be taken to St. Petersburg this
afternoon.
The Imperial party and others accompany
ing the body have noticed the remarkable
change which has taken place In the tem
perature since they left the Crimea. There
the air was balmy and roses were to be seen
on all sides In full b.oom , but as the cortege
proceeded northward the weather became
colder , until In this city the temperature-
two degrees below zero.
The route of the procession tomorrow Is
five miles long and It Is estimated that the
funeral procession will take four and a half
hours In marching from the depot to the
fortress. Twenly thousand troops will line
the streets through which the funeral \\l\l \
pass and 10,000 troops In addition wU form
the escort.
The bier and decorations In the cathedral
are most Impressive. The. marble pillars
flanking the nave are draped with sable and
studded \\Ith t'ophlcs of faded , war-worn
regimental Hags. Ileneath the dome Is erected
a square dlas surmounted by an oblong plat
form , upon which the remains will remain
In state. The dais Is overshadowed by a
catafalque draped by a four-pillar b'nck cloth
canopy lined with silk.
The Imperial funeral train left this city
at noon today on Its 403-mile journey to St.
Petersburg.
llc.ivy I'loods In I no Snntli of Knglund.
LONDON , Nov. 12. Heavy rains have pre
vailed In various parts of Great Britain ,
causing floods which in many cases liavo
brought business to a standstill.
At. St. IVCB , Cornwall , the schools have
been closed on account of the floods , and
boats are being used to transport people
through the streets.
Considerable damage was done on the Isla
of Wight by Hoods. Hyde , Sandown and
Oradlng have suffered the most severely , ,
, I'nrt Arthur \\i\i llumlmrilcd.
LONDON. Nov. 12. A dispatch received
here from Shanghai says that Port Arthur
was bombarded previous to Its surrender.
The Chlneao laid down their arms and yielded
themselves prisoners of war. The Chinese
commanding officers abandoned Port Arthur
during the night of November 0. It was re-
ported that some ot the reprcraijtntlves ot
foreign powers will start fop Peking ,
The Times tomorrow will pqbljsa , a dis
patch from Cheo Fee saying thnt. tipMnltltarjr
generals have deserted Port .Arthur.but that
several generals are still I here. General
Chang Is commanding. j
KlrctlonVu All < IMSldi d.
*
HONOLULU , Nov. 1. Via Vlct ( rla , D. C. .
Nov. 12. The first electloif tft the , new re-
publlo was a failure from'ta political point
of view. On this , the principal Lsiand , there
waa only ono man who ranrag&lnet the ROV-
ernment ticket andwas defeated. Every
candidate was pledged to support annexation ,
to the exclusion of everything else , and this
was' the platform of the American union
party , and was applied to any stnator or
representative who would not declare himself
as a true blue anncxatlonlst. Now that the
election Is over the publlo mind Is wondering
when the two houses will tncel for the-ir
flrst session. No definite datfl has been set
yet , but It Is hardly likely that the legisla
ture will be called together until after January
'
ary 1.
( lernmn Murdered nt TJinjrlors.
DEULIN , Nov. 12. Advlcea received here
from Tanglers say that a German named
Franz Neumann was murdered by natives on
November 4. The German minister .to
Morocco has been ordered ty proceed Im
mediately to Fez and demand , ' satisfaction.
LOOKS 1.IKK .r atKKHV ll'.Ut
urllngtun , Codnr Uuplds I A Northern
Think * It's n 1 B FHctor.
CEDAU RAPIDS , la. , Ncffr. 12.-SpecIal (
elegram.-In ) regard to the report that
he Burlington , Cedar Naples & Northern
.nllway company would be. brought up wtlh
sharp turn or there would % t > e open war
ecnuBe of Its efforts to secure transcontl-
ental business , James Morton , , general pas-
, engcr agent of the company , today said
hut they now had , a new routeby way of
Vest Liberty to the west , pinbe the complo-
lon of the Burlington line M Billings , and
hat It wns the Intention to 'do a big uusl-
n iess. He says there is no Hanger of the
ther roads asking the Burlington , Cedar
lapldrt & Northern to go out of the West-
rn Passenger association , aa' intimated , us
ley were only too glad to. have It stay In.
Ie also said that the low rales offered will
e maintained , association brlriO association.
Domlie of J. 1 > . Meklmioy.
WEBSTER CITY , la. , Nov. 12. ( Special
elegram. ) J. D. McKlnneyv h leading dem-
Crat of this county arid V prominent nl-
orney nt Stratford , la. , died at lib * home In
hat city today.
K.
, Vorry Over the Slcknns ot IIU Father
CHUHFH IIU Mlml toVavor. .
FAIRHAVEN , Wash. , NoV. . 12. ( Special
I'elegram. ) Charles E. Davis , while tempo-
nrlly Insane , due to buslpcsi < cares nnil
rorry over the sickness oC' hjs tfather ut
jmaha , left his home yesterday * morning
.ml started to wnllc to sea his father , de-
ilnrlng he could hear him calling ; Friends
ollowcd and overtook him tvcenty flye miles
louth of the railroad , umliWlll urinn him
iack today. He haj b en mestn'ly de nnscd
'or several days , and a letter from home
laturday announcing the dangerous conul-
lon of his father .unbalanced his reason.
Ie had bin trunk packed to leave on tne
loon train , but started at daylight , saying
10 must hurry and could not wait for tne
rain. His wife and yoimg daughter are
icre <
to limp Kvcneil Up on a
" ' \Vnnnded Knee f4 ore ;
SIOUX CITY , til.'r'Nov. . } 2. A > igpecial to-
; he Journal from Slolix' > 'ivlls , & . D ? ; says
/oscph La Ci-oiX and Phllfp .WellsJ-hls uncle-
were murdered white crOsMriJTi-Pine Kld e
Indian reservation. Wells Hodk part In ' ( he
jattle of Wounded , Knee , ' 'and since that
ilme1 has been n ? deadly enemy"of the In
ians , whoitthreatened to rKUl him at the
Ilrst opportunity , und It Is thought they
have now carried out their threats.
, -i o ' -
' Co'lnruilo Itopiibllcun t * t'cUibruto ,
DENVER , Nov. 12. The republicans of
he stale of Colorado had a ratltlcatlon
meeting here tonight. Th < 3 parade was' the
argest of Its kind that ever passed throuuh
the Btreeta of Denver. The women of Den
er who worked for the republican party on.
lection day , took a leading part In the
arade tonight , some preferring to walk
rather than ride In carriages through tne
streets. At the capital terouhds speeches
were made by Senator Teller , Senator Wnl-
cott , Gpv'eriior-tlect Mclntyre , Con r ss.nan-
elect Shafroth and T. M. Bowen , whowaa
defeated In the Second district for congress :
huefl the
HOMESTEAD , Pa. , Nov. 12. II. J. Uyrd
las entered a suit agaijist 'the Carnegie
Heel company for $30,000 dtynagca. Byrd
vas brought hero during- the strike from
Chattanooga , Tenn. , by the Carnegie com
pany. He boarded at restaurant No. 2 and
vas poisoned by some of the' ' trod , for which
poisoning District Master Hugh Dempsey ot
he Knights of Labor and others are now
serving time In the penitentiary. Byrd has
> een 111 ever since. Last April he wiia dis
charged on account of his 111 health , for
which he holdfl the Carnegie , company re
sponsible. _ r
Dmnncrntii < r t All but , One.
DALLAS , Tex. , Nov. J2.-QfIlclal figures
from nearly all the districts are In , nnd { he
congressional delegation stands as follows :
First , Hutcheson , democrat ; Second , Coqper ,
lemocrat ; Third , Yonkunt democrat ;
fourth , Culbereon. democrat ! 'Fifth , Halley ,
lemocrat ; Sixth , Abbott , democrat : Seventh ,
I'endlcton , democrat : Klglitrr ; Hell , demo
crat ; Ninth , Sayers , democrat ; Tenth , Crow-
ey , democrat ; Eleventh , . Craln , democrat ;
Twelfth , Noonnn. republican ; Thirteenth ,
Cockrell , democrat.
tiiuhm-lnir nt Jfow Orlenni.
NEW ORLEANS , Nqy. 12 , The eighteenth
annual session of the genernil assembly of
the Knights of Labor will convene In Screw-
men hall at 12 o'clock tomorrow. Governor
Foster of Louisiana and Jluyor Fltzpatrlck
will deliver addresses of 'wolcome In behau
of the city and state.- All of the general
onlcers , tcgether with seventy delegates of
the district assemblies throughout the coun
try , have arrived and are -ejjared for work.
T. V. Puwderly will arrive tomorrow.
Killed by n I iillinc Wall.
PHILADELPHIA , NoX 12. By the. col
lapse of the wall of a building In course of
erection at 2138 Frankford avcpue this after
noon ono man was k'HTetl and six others
seriously Injured. The tnxJVfTtere nt work
on the building when the acoltlcnt happened.
James Mullen was so severety'lnjiireU that
he died shortly nftenvards.f The Injured
are : Jesse Peters , SanulSl Howard , Oliver
Reedy , Adolnh Durella , ijawfo GclletU and
Anton Costcllo.
_ t t
Adtnncecl th 1'uddla liWuecn.
PITTSBURQ , Nov. 12 , fTnV 'puddlers em
ployed In the Wayne Irop wf rlts of Brown
Sons & Co. of this clty.fliavp been notified
that beginning next ! i&nda * Jthe rate for
puddling would be advancspdO per cent.
They are now paying HVr tin. the highest
rate In the. district , and wlQiUthe advance
will pay $1.1D. The inilvnncrf was a volun
tary fulfillment of Uiajflrm'-tt promise made
last spring when th'e reductfctf In puddling
took place. _ _ i
Urttul Jury \tlll lnvr tljiito liyiunn.
INDIANAPOLIS , Ind. , Notv.O3.-The fed
eral grand Jury , which meet 'ln a few days ,
will be asked to investigate } h < i charge that
Congressman W. D. Uyruun made that , lit
had been upproiichmj by bribers , who
wanted him t3 pay for appointment ot
surveyor of customn. The' United- States
district attorney Is o\it qf the clty , b.ut olll-
clnla say that It ls underutood that Judge
Woods will call Mr. Belt's' attention to
the affair.
Trouble About Oyorriif Now Oriruim.
NEW ORLEANS. N.BV. 12-JudglnS by
prese.it appearanccu , the 'abor trouble seems
to bo at an end. Mr , Ssunilcra , the local
agent of the West India ireanuhlp line , has
colored men nt woik on three steamers , the
William Cl'ff ' nt SotUhport nnil Barbarian
and Florldan at thp head of Nun street. Tne
police are still enhe levoc In force , for
the alleged purpose of protecting the col
ored laborers.
Sin illp'or In Ki'tr Vor" .
NEW YORK. Nov. U. Thirteen cases of
smallpox were discovered today In Jhe vi
cinity of West Thirty-ninth street. The
contagion arose from a. case of the disease
recently found at 13) West Thlrty.nlnth
street.
PAYME JE DECREASE
Railway { Commission Files Its Report on
tlio Bond Aided Roads.
BONDS FALLING DUE NEXT NOVEMBER
Condition of the Union rncldo Commented
on at Length Secrocutlun of the Hj's-
to in 1'urnlnhes n ( lloainy Out
look for the Future.
WASHINGTON , Nov. 12. Hon. Wade
Hampton , commissioner of railways , has
made fits annual report for the year ending
Juno 30 , 1894 , to the secretary of the Interior.
The commissioner calls attention fo the effect
upon railway earnings of the financial and In
dustrial depression which , before reaching
the United States , had prostrated every In
dustry In South and Central America and In
Mexico. He notes the fact that , notwith
standing this depression , the Union Pacific ,
which Includes the Kansas Pacific , Is the
only ono of the bond-aided railways which ,
od
during the period mentioned , passed Into the
.
hands of receivers. The dismemberment of
this splendid system , by the operation under
separate receivership of the Oregon Hallway
Navigation company ; the Denver , Leadvllle
Qunntson and the Denver & Quit and the
'ort ' Worth & Denver City Railway compan-
s Is commented on as furnishing the most
; oomy chapter of railway literature that has
> en published during the past year.
The accounts ot the bond-aided companies
ere examined by the bookkeepers In Boston ,
hlcago and San Francisco In the months of
une and July of the current year , and the
mount found due the United States carc-
lly ascertained. A personal Inspection of
10 properties of the Union and Central
'aclflc Rjllway companies by the commissioner
hewed them to be In excellent physical con-
tion. The Union Pacific Hallway corn-
any , Including the Kansas divisions , shows
decrease of net earnings as compared with
592 of $2,105,056. The amount found due
lie United States under the act of 1SG4 ( Kan-
as division ) and the act of 1878 ( Union dl-
slon ) was $137,895 less than for the previous
ear.
The Central Pacific Hallway company for
1v 893 shows a reduction of $57,892 as compared
v 1th 1892 , but the- amount of transportation
ervlces rendered the government ( which Is
1 credited to the United States in asccrtaln-
ng the percentage of net earnings ) was
110,621 In excess of the previous year ; con-
equently the amount found duo the United
tales Is $7,72G In excess of 1892.
The net earnings of the Sioux City & Pa-
ilflc Hallway company In 1S93 were $106,460
n excess of 1892 , the amount expended fpr
cw construction and equipment purposes not
: avlng ( as In 1892) ) reduced the net earnings
o an amount Insufficient to pay the Interest
n the first mortgage , bonds. The amount
ound due the United States , therefore , un-
: er the acts of 1862 and 18C4 was $5,779 In
occess of the requirement for the previous
'ear.
The Central branch of the Union Pacific
lallway conipany shows a decrease in net
arnlngs as , ' compared with 1S92 of $100,112 ,
ind 'a corresponding decrease In the amount
ound due ( he United States under the acts
f 1SC2-64 of $5,010.
BONDS" MATURE NEXT YEAR.
' The commissioner calls attention to the fact
'hat In tho1 case of-the UnlonPaclfleRail
way comp'any , Kansas Pacific bonds , to the
.mount of , $640,000 , will mature on November
. ; 1895 , and between that date and January
1899 the balance ot the subsidy bonds ,
ggre'gatlntf about $32,899,512 will also mature ,
'or whose 'payment or redemption the com-
any has ; p'ractlcally made no provision. In
he case'of the Central Pacific , the aggregate
f whose liability amounts to upwards of
56,000,000 the company has provided a slnk-
ng fund for the redemption of the first mort
gage bonds , the funds at present available
'or that purpose amounting to nearly $6,000-
300.
Referring to what is known as the "Rellly
jlll , " the commissioner Is of the opinion that
> n the basis of the operations for the year
f 1893 ( to say nothing of the "strike" year
f 1894) ) there Is grave doubt of the ability
f the companies to meet the requirements of
his bill. He recommends the adoption of
, n amendment to the Thurman act , by pro
viding that the amount of net earnings to be
ctalned and applied to the liquidation of the
norlgage Indebtedness be Increased from 25
o 60 psr cent. He renews the recommnda-
lon of last year , that the Thurman act be
amended BO as to embrace within Us provls-
ons all of the Pacific railways which have
ecelved from the United States bonds In aid
if construction.
The Pullman strike of 1894 , having. In the
iplnlon of the commissioner , furnished a
powerful argument In favor of the right of
ho government at all times to control the
carrying of the malls and to enforce the pro-
Islons of the Interstate commerce law , he
recommends that congress take into consld-
iratlon the propriety of creating a national
board of railway arbitration , to whom all
questions In dispute between railway corpo
rations and their employes shall first be sub
mitted before action Is had , and whose de
cision in respect of all questions submitted ,
shall be final.
t'JIRATKU A COM.11OTJOM.
Itnillc.tl Utterances of rrnnr. Kossuth Cnuso
Kxcltmncnt l'i Hungary.
VIENNA , Nov. 12. Maurice Jokal , the
Hungarian author and member ot the Hun
garian diet , has written a letter to Franz
Kossuth. eldest son of the lute Louis Kos
suth , condemning Kossuth's agitation In
favor of a purely personal union with the
emperor as the only connecting link be
tween Austria and Hungary. Jokat declares
that it would be a misfortune to Hungary If
countless barriers were erected causing
Hungary to lose the Austrian market for her
agricultural products. According to Jokal
the nationalities hostile to the Magyars would
immediately organize against Hungary and
she would lose Transylvania , Crotla and
Flume , her sole seaport.
The letter shows that the leading IJnn-
garlan patriots are alarmed at Kossillli's
utterances , which are securing him n tri
umphal progress through Hungarian towns.
A solution of the Kossuth question , how
ever , will soon be precipitated by his being
summoned to take the oath ot allegiance to
the king. If he refuses he will be expelled
from Hungary. Franz Kossuth recently
asked the mayor of Biula-l'esth to make him
a citizen , and thus Eave him the. trouble of
ten years residence In' Hungary , a neces
sary condition of his candidacy for the
Relchsrath. Kossuth's action In this matter
was designed to save him from the necessity
of swearing allegiance to the king. It was
added * however , that It will fall of Its ob
jects , as ho will have to take the oath or
remain Ineligible- for election to the Hclchs-
r&th.
UKNIALS FltOM TftUASUUY OI'FICI.il , ! ? .
All Say thnt No Now I.wni U In Con
templation ,
WASHINGTON. Nov. 12. There ore no
now developments In the matter of another
bond Issue. loth ) the president and Secretary
Carlisle' are In Philadelphia to witness the
launching of the St. Louis , and consequently
nothing from an authoritative source cculd
be ascertained. Assistant Secretary Curtis
weiit to New York Saturday evening , but If
his visit has any significance or connection
with the bond Issue question he. was very
careful to conceal It , for on Saturday after
noon he stated that It was his onlnlon that
no Immediate bond Issue was In contempla
tion and advanced fctrong arguments showing
that at prtsrnt , at lea.it. there was no ne
cessity for It. None of the treasury officials
on\v In Washington bavo heard any Intlma-
OfflCIAL JlKTUlt.Mi.
LINCOLN , Nov. 12. ( Special Telegram. )
Official returns are being received and tab
ulated by the secretary of state. These al
ready received In every Instance confirm
the figures heretofore published by The llec.
There Is no possibility of Holcomb'a plu
rality falling below 3,100.
tlon of an Issue , and thcso Include the men
who were first consulted before the action of
February last was determined upon. Never
theless there are excellent reasons for the
satement that the president has fully de
cided to place another loan , mid that , as
previously stated by the Associated press , the
announcement will very likely be made before -
fore ' the close of the present week. Persons
In ' positions to know what action Is con
templated state that a new loan Is Inevita
ble. This statement , of course , docs not take
Into account the possibility that the prest-
d nt may at the last moment change his
mind.
itiiTiitATis : ins STOHY.
llynuni Knyft Hint Sovernt 1'urtlen Offered
Him .Money to Srciiro Olllco.
WASHINGTON , Nov. 12. Congressman W.
D. Bynum ot Indianapolis has made this state
ment :
'The statements I made relative to the
efforts to secure my endorsement for the office
ot surveyor of the part at Indianapolis by
corrupt offers were not correctly reported In
ever } " particular. What I said was , first ,
that ono applicant had made an offer in writ
ing to pay me 20 per cent of the salary of
the office If I would secure his appointment ;
second , that a person , verbally made a simi
lar proposition ; third , that Indirectly another
had Intimated that he would pay $5,000 cash
If ho should be appointed ; fourth , that I had ,
upon my return home during the campaign ,
been told by a creditable person that another
person had drawn out of his bank a large
sum and stated that he was going' to Wash
ington to secure the position , and that the
party who wmo here went back without my
endorsement.
The Interview , as published , mate mo say
that the party who was said to have drown
the money out of the bank had come to
Washington offering the same to me if I
would secure his appointment. This was
Incorrect. I do not know who the party was.
A party came to Washington to see me about
the office ; talked about his great success In
business , and stated that If he could secure
the position he would generously contribute
to old In campaigns , when I promptly In
formed him that my endorsement carried no
other obligations than that the party who re
ceived It , If appointed , should faithfully and
efficiently perform the duties. If this" was
the same party who Is said to have come herewith
with corrupt designs , he made no further
advances.
"The present survfyor , who was recom
mended by Senators Turple , Voorhees and
myself Is a man of unquestioned character
and stands the equal of any citizen ot
Indianapolis for morality , Integrity and hon
esty. He was not an applicant for the posi
tion , and only consented to the use of his
name at my solicitation. When at home ,
during the campaign , I learned that amongst
those who were opposing me were those who
had attempted , by disreputable means , to se
cure the position of surveyor , and that they
were basely Insinuating that the present In
cumbent secured his appointment by the
same methods. During the campaign I paid
no attention to these calumnies , but when
that ended I determined , to expose their In
famy. "
"What about the charge of County Recorder
Maurjce , Donnelly that he had on understand
ing that a money offer would secure the
office ? " asked the reporter.
"That Is as Infamously false as anything
I have ever heard , " said Mr. Bynum. "Tho
very character of this man Is sufficient to
place the equivocation In Its proper claes. I
will have nothing more to say on the subject
for Iho present. '
SKItUM. IS COST I. Y.
Now Itcniody for Dlnlitherln Cannot lie
Traduced FaHt ICnoUKh for the Dntniind.
WASHINGTON , Nov. 12. Among the re
ports coming from our consuls at different
posts regarding the new serum treatment
for diphtheria Is ono from Consul General
Charles DeKoy' at Berlin exhibiting the
efficacy of the new treatment by compari
son.
son.He
He saysthe establishment at Scherlng.
near the Jungfern Helde has forty horses
under treatment for the production ot sarum
yet the demand for the article has been so
great that the hospitals ran out of It in
September. This had a singular effect on
the death rate. While for diphtheria In
children under 4 , the most difficult sort , the
rate hud sunk to 11 per cent before the ex
haustion of the store of serum , It rose dur
ing October to CO per cent.
The serum Is costly because establishments
for Its production are Jew : It takes a long
while to prepare and must bo had compara
tively fresh. It Is given out that It takes
nt least nine months and sometimes a year
to get the animals all under 3 years old
Into condition. One animal .does not furnish
much blood at a time say two quarts must
be carefully fed between Intervals of tap
ping , and , as In time the strength of the
blood gives out , It Is necessary to go over
again the process of cultivating the bacillus.
Absolute certainty Is not ascribed to the
cure , and especially cases In which other dis
eases are' ' present should not bo considered
a fair t st of Its virtues. It Is not at al' '
a panacea. _
MONGOOSH A DANOUItOUS ANIMAL.
Consul Font Send * n IVurnlnij Against Its
Xiilnr.illrntlnn Hero.
WASHINGTON , Nov. 12. Consul Ford a
Jamaica , hearing that Mr. VandcrblH has hn
ported the mongoose for his estate nea
Ashevllle , N. C. , has sent out a note of warn
Ing through a report to the State departmen
and says it will be well for our government
to profit by Jamaica's experience and pro
hibit the Importation of the mongoose Int
the United States. Ho recounts the evil cf >
fccts following the Introduction ot the nnlma
from India Into Jamaica to destroy the rat :
which Infested the plantations. They dl <
their work so well and increased so rapldl
that their natural food supply was exhaustei
and they began to prey upon all small llvln
creatures. All of the ground birds wer
wiped out , all snakes nnd toads and lam
crabs. Newly dropped calves , young pigs
puppies , game , turtles , all fell victims to ti
mongoose , which became a much worse pcs
than the sparrow In America and the rabbit
In Australia. As a result of the dcstructloi
of thcso small creatures all Insects , mult I
piled amazingly until they become a pest
lenco nt sonio seasons and the people of Ja
malca now want to exterminate the in on
goose.
rn tmuster" ConiiuUdoncd.
WASHINGTON , Nov. 12.-Speclnl ( Tele
gram. ) Postmasters were commissioned to
day ns follows : Nebraska C , Dana Sayers ,
Chadron ; John F. Keens , Violet. lown
Thomas F. Kelly , Adalr ; Robert HufBchmld *
Lansing1.
11. F. Phllby has been appointed pos
master at Oak , Nuckolls county , Neb. , vie
8. A. Weaver , removed.
The comptroller of the currency has np
proved the selection of the Flour City Nu
tlonal bank of Minneapolis ns rcserva. agen
for the First National bank of Itedfleld , 8
V. He has been advised thnt the First Na
tlunal bank at Nashua , la. , has gone Int
voluntary liquidation by resolution cf It
stockholders , dated November 1 ; also thn
the following chances have occurred 1
ofllcers of the First National bink at N llgr.
Neb. : C. A. Ilelmern , president , vice J. C.
Illuckford ; C. It. Alder , cashier , vice W. C.
Estcs ; K. O. Helmers , uxslutant cushler.
DIril on the Uoviitml liuUro.nl.
NEW -YORK , Nov. 12.-J. Hood Wright ,
who was a partner In the banking house 01
Drexel , Morgan & Co. , died suddenly tonight -
night on the elevated railway. Ho wna 57
yeuiB of age and had property at Kstus
1'arlc. Colo.
RAILROADS WIN IT
Judge Brewer Forbids the Enforcement oi
Maximum Frtigbt Halo Law ,
. _ , _ ,
OPINION IN THE CASE YESTERDAY
Measure is Constitutional but Bates Arc
. Declared Unreasonable and Unjust.
DISCUSSION OF ALL ESSENTIAL POINTS
Legislature Olcarly Had the Power to Pass
a Bill of this Import.
VALID SAVE'IN ONE IMPORTANT'RESPECT
When KiirnlngH Incrcnno Stuto Mny Aik for
a Kclint-dtlnutlon Judge Dunily Dls-
ncuts front Hovrnil 1'roponltlons
of the Decision.
Judge Brewer has submitted his opinion
In the maximum freight rate case which
was argued before him several months ago. '
The plaintiff railroads asked for an Injunc
tion restraining the operation of the law , the
main contentions being that the bill did
not regularly pass , the legislature , that It
was unconstitutional In thnt It was In violation
lation of the Interstate commerce law and
an Interference with Interstate commerce ,
and In that , with respect to the Union Pa
cific , It presumed state control over matters
solely In the jurisdiction ot congress , and
finally that the rates sought to bo enforced
wcro unreasonable and unjust.
Judge Brewer sustains the plalntlffu only
with respect to the latter point. Ho finds
that the bill bcciuno a law under regular
process and that the law Is constitutional.
The decision , however , renders the law inop
erative because In the very Important matter
of the reasonableness and fairness of the
rates prescribed Judge Brewer decides for
the railroads and forbids the execution of
the law on this account , giving to the state
the privilege of at any tlmo asking for o
rclnvcstlgatlon when It Is advised that the
earnings of the railroads render thp rates
equitable.
The fact that Judge Brewer's do *
clslon In the maximum freight rate cas-a
was to be handed down through Judge
Dundy was the means of assembling a largo
number of the state and city bar within
the gloomy federal court foams. Every seat
within the railings was occupied , while a
large number were crowded within the spaced
without.
Preceding the rendering of the decision o
largo number of motions woio heard and
disposed. At 11 o'clock sharp Judge Dundy
said : "I am now rpady to make a dlspo I-
tlon of Judge Brewer's opinion on the maxi
mum freight rate cases. Judge Urowcr ,
after the conclusion of the argument , took
the papers with 'hlm-.and - has dovotcd a
long tlmo to their mature consideration , and
recently prepared and sent to mo his. opinion ,
requesting mo , to reduce my Ideas to writing
and submit the same together with his. I
have not had the time , being engaged by
other business , to comply with this request
and submit the- opinion as prepared by him
self. Later , I shall probably reduce m7 {
Ideas to writing and file the same. "
The Introduction to the opinion merely
states the names and titles of the person ?
and corporations Interested In the suit , showIng -
Ing that the plaintiffs were Oliver Ames.
George Smith , et nl. , and Henry Hlgglnson ,
et al. , all stockholders In the Union Pa
cific , Chicago & Northwestern , and Chicago ,
Uurllngton & Qulncy railroads , and that the
defendants were those three named roads.
SYNOPSIS OF THE DILL.
"On April 12 , 1893 , the legislature of the
state of Nebraska passed an act spoken of In
the record In these cases sometimes as the
Nowberry bill and sometimes as house roll
33 , which act prescribes maximum rates for -
the transportation of freight by railroads
within the state. The act In terms applies
only to freight whose transit begins and
oi.ds within the etntc , and In no manner at-
tcirpts to affect Interstate freight.
"The bills in these cases were filed to re
strain the state officials from putting the act
In force as against' the railroads named.
Pleadings were perfected , a large volume of
testimony has been.token and the cases are
now before us on pleadings and proof for
determination.
"At the thrcshhold the question arises
whether this which purports to bo an act
of the legislature is a law : In other words ,
whether the various steps prescribed as es
sential to the due passage ot a bill through
the two houses of the legislature wcro all
regularly taken. The net Is found duly filed
In the office of the secretary of state , Is at
tested by the signatures ot the speaker of
the house nnd Its chief clerk , and also by
the signatures of the president of the senate
and Its secretary , Is endorsed , approved J
April 12 , 1893 , 'Lorenzo Crounso , Governor , '
and bears the following additional certificate
signed by the chief clerk of the house of
representatives : 'I hereby certify that the
within act originated In the house of repre
sentatives and passed the legislature April B ,
1893. ' "
VALIDITY OF THE LAW.
After reviewing the contention as to the
constitutionality of the maximum rate law
Judge Brewer continues :
"As fop the parole testimony which was
offered tending to show some verbal altera
tions In the bill after It had passed the
house of representatives , It Is enough to say :
First , That parole testimony Is not admlss-
able to Impeach the validity ot an act which
by- the record Is shown to have been duly
and legally passed , and second , oven If such
testimony were competent , the supposed al
terations were trilling and not of a character
to u fleet In any substantial manner the scope
and reach of the bill. I am , therefore , clearly
of the opinion that this act passed the legis
lature and received the approval of the gov
ernor In due conformity to all substantial re- '
p.ulrcmenls.
"From this preliminary matter I turn now
to the consideration of various questions
elaborately discussed by counsel In respect
both to the scope and validity of this law
and the jurisdiction of this court. Many I
shall notice but briefly , for , while I have
clven a. careful examination to all , to at
tempt anything like an elaborate discussion
of each would unnecessarily prolong this
opinion.
"It Is Insisted that the Union Pacific Railway -
way company cannot be subjected to the pro
visions of thin statute because It U a cor
poration created by congress and as such lu
the discharge of any 'of Its functions U sub
ject only to the control of that body , The
general question of the power of the stats
In respect to rates for local frolu'ht over a
corporation organized under the laws ot con
gress was considered In Hagan against Mer
cantile company. 161 , U. 8. 413 , and 16 wm
there held that the mere fact that the cor-
poratlon was so organized did not exempt
It from state control In that recon -
spect. It was conceded that con
gress could wholly remove such corporation
from itato control , but It was held that In thu
absence of totncthlng In the statute Indicating
an Intention on the part of congress to 10
remove It , the state had the power to pro
scribe the rates for all local business carried
by It. Of course , that decision IB controlling.
It U true there In one provision In the Union
Pacific act which tends to show en Intent
on the part of congress to retain for Ittell
full control over all rates. That U founty to