H
rww
2 THE OMAHA DAILY BJDlihaSATTTllDAY , DECEMBER 15 , 189-1.
the order Itself could justify disobedience of
the writ. No question Is mads or could bo
made In a proceeding for contempt of the
sufllclcncy ot the petition for the Injunction
In respect to matters of fottn and averment
merely. The question here , therefore , Is
whether the ca o presnted by the petition was
ot a class which In a federal court adrnlls of
the remedy by Injunction ,
Without going Into the details of averment
the charge made against the defendants vcs
that they were engaged In a conspiracy to
hinder and Interrupt Interstate commerce nnd
the carriage of the malli upon trains Biter-
Ing Chicago by means and In a manner to con
stitute vvlthln the recognized definitions a
public nuisance.
DEFINITION OP NUISANCES.
"A nuisance Is anything that unlawfully
worltoth hurt , Incon\entenc3 or damage ; " (1 (
Uhcksone's commentaries , 21S )
"A public nulsancj is such an Inconvcnl-
ehca or troublciome efffneo aj annoys the
whole community In general and not merely
pome particular person , " (1 ( Illackitone's com
mentaries , 1C1) )
As defined In "Wood on Nulinnccs " 033 , "A
public nuisance It a violation ot a public right
either by n direct encroachment upon public
rights or property or by doing some act
which lends to a coinmcn Injury , or by omit-
Ong to do some act which the common good
requires and which It Is the duty of a person
to do and the omission to do which results
Injuriously to the public. "
" A form of public nuisance of which cognl-
7anr-o has been taken by the courts of equity
In England and In this country Is called pur-
presture , which Is defined to be "An encroach
ment upon the lands anl rights and casements
Incident thereto belonging to the public and
to which the public have a right of ac-ess or
of enjoyment and encroachment upon naviga
ble streams "
The remedy for n purpreature simply Is
by Informrtlon in equity at the suit ot at
torney gencnl or other proper officer
( "Wood on Nuisances. " 107 , 117 ; People
against Vanderbllt , 28 N Y. , 39G ; New Or-
Icnns against United States , 10 pet ( U S )
CG2 ; Attorney General against Forbes 2
Missouri , ard C. 123) )
In "Kerr on Injunctions " C395 , It Is said
"There Is a wldo difference between a pur-
presturo and a nuisance Although they may
coexist , either may exist without tha other
"If the act complained of bo a purprosturo
it may be restrained nt the suit of the at
torney goneial whether it bo a nulsanca or
not. IHng an encroachment on the soli
Of the sovereign , like trespass on the Boll
of an Individual , It oiikl support an action
Irrespective of any damage which may uo-
etue. Hut to constitute a public nulsince
damaging to the public right of mvlgntlon
or other public right must be shown to ex
ist. If the act complained of be a mere
liurpresturo without being at the same time
n nuisance the court will usually direct on
Inquiry to bo made whether It will ba bene
ficial to the crown to abate the purpre ture
or to sufter It to remain and be arresfd
tint if the purpresluit ? ba also a public
nuisance , this can not be one , for the cro vn
cannot sanction n pub'le rtllsance "
Accordingly It Is contended , and numerous
cases and text writers are cited to show
that "equity has Jurisdiction to restrain
public'nulsanc's upon bill ot Information
filed by the attorney general on behalf of the
jfcople. "
The supreme court of the United Stiles has
rpoken on the subject. In the case of the
mayor of Georgetown against the Alexandria
Canal company , 12 Peters , 91-03 , where an In
junction was sought against obstructing the
navigation of the Potomac rlvor , the court
bald : "Besides this remedy at law , It la
now settled that a court of equity may take
Jurl dlctlon In cases of public nuisance by
ah Information filed by the attorney general
Whilst , therefore , It is admitted by all that
it Is confessedly one of delicacy , and ac
cordingly the Instances where It Is exer
cised are rare , jet It may be exercised in
those cases In which there Is eminent danger
of Irreparable chlcf before the tardiness
of the law can reach It. '
GOVERNMENTAL CONTROL
But while the Jurisdiction of this high
English court ot chancery and of the equity
( Sourts of the several states of the union is
not urderstood to be disputed by counsel for
the defendants , they do InUbt that. In the
ilisenca of legislation by congress conferring
fpo authority , the federal courts can do
n0thlng for the protection of the highways
of Interstate commerce , whether on land or
Water.
'In reply to thl ? position of the defense
reference is made to tnc net to regulate com
merce as amended by the act of March 2 ,
18S9 , 25 U. S. Stat 855 and It Is contended
that by forca of the provisions of that
statute power Is conferred on congress by the
constitution "to regulate commerce among
the several stales. "
The national control has been extended
over the channo's and agencies of inlerstate
commerce , Including railways as wall as
navigable wnlers , and out of thU legisla
tion whatever hay baen the ruls befo.-n has
orison by necessary Implication the Jurisdic
tion of the federal courts fn accordance wllh
the principles of equity to protect that com-
nierce against interference or obstrucllon.
The right of the federal goverrment to ob
tain the Injunction Is also asserted upon the
ground of property rights In the malls That
the nation owns the mall bags Is , of course ,
beyond dispute , and thai It pays largo sums
annually for the carrying of the malls upon
the trains Is will understood in Seailgh
against Stokes , 3 HJW 151 , The question
there was whether -vehicles carrying the
malls were "laden with the property of
United Slates , " and therefore exempt
from toll on the Cumberland road in Pennsyl-
\anta , and the supreme court said : "The
United States have unquestionably n prop
erty In Iho malls. They are not mere com-
jnon carriers , but a government performing a
high ofllcial duty In holding and guarding Its
own property as well as that at Its citizens
committed to Its care ; for u very large portion
tion ot the tetters and packages conveyed
on this road , and paittcularly during the
sdsslon of congress , consists of communica
tions to and from the ol'cers of the execu
tive department or legislators In public
senIco or In return ot matters of public con
cern. "
It la said , on the contrary , to be easy "to
nln/w thai n common law jurisdiction of the
cljanccry oa Information of the atlorney gen
eral lo restrain a public purprcsturo or nul-
cance rests en the Idea that the King owns
tin ; land whsrcln U exists" and It Is doubt
less true that In the cases where the juris
diction was Invoked the King was the owner
of the lanJ , because the land under navigable
waters In England has always bMonged to
the crown ; but the object of the cults has
always been not to vindicate the title to the
land , which could have been done by an
action of ejectment , but to prevent or reniova
obstructions lo navigation which required the
pfompt and efficient methods of equity , and
it is not believed that If in England , as
ulong the fresh water livers ot this country ,
the tltb it lands under the water had be
longed to the rlpatlan owners , the same juris
diction would not have been exercised for
the protccllon of the public right ot naviga
tion. The public interest Is concern d In
the unobstructed use of the water , nnd U is
slicking In the mud to say that the right to
protect that right is dependent upon the
ownership ot the underlying soil. If , how
ever , the jurisdiction in such cases must tu
held to rest upon tome legal title cr prop-
o-ty right which by fiction shall bj diemci
to bo worthy ot equitable protccllon , cr to
nrtord a basis of Jurisdiction for protectlni
Incidental rlghls. U would seem that the
property which the government has been de
clared to have In the- malls and 1U unques
tloucd ownership ot the mall bigs might wel
ba deemed sufllclent for the purpato.
As Justice Ilrevcr said in United States
vs Western Union Telegraph company. 60
Fd. Rep. 28 , 43 , "The dollar is.not always
the test of real Interest. It may properly be
sacrificed It anything ot higher value ba
thereby attained. " '
WATERWAYS AND RAILWAYS.
"Hut , " says counsel , "this whole subject Is
utterly foreign to the question In the cue
Waterways are not railways. They arc free
to all com is and they are not the subjec
ot private ownership nor control , but only
ot municipal regulation by public authority. '
( Lake Front case HG. U , 8. 3S7) ) The con
trol cf the railway is primarily with the
company that owns and operates It. These
great Interctta arc entirely able to cops with
any Interference with their property. I
they be held , In n high tense , as truste-
for the public , why should equity cntcrtali
n suit by the beneficiaries ot this fruit untl
the trustee * liavo proved recreant ?
Thesa companies own tha lanJ orer which
their lima run or a right ot any way In
perpetuity , and though charged with publl
tlutlia are tllll prlrute jiccunlary coropora
liana operated for gain. "As to all lota
millers , viz. The speed of trains , stop
ping it croMlugs , elevation ot tricks on
tiling * of that character , they ara open t
or itatt lt UUtlon. ThU could no
> a where the power wan with congress ex
clusively , a In the matter of Interstate
ates" ( Wabash railway vs Illinois 113 U.
S , 657. . )
It Is , of course , true that waterways are
not railways ; that the latter and the title to
he land under them are owned and controled
inder legal llmltntlons by companies who
operate them for gain ; but HO are the boats
which ply the rivers and lakes of the coun-
ry , and I Me no reason In any of the sug
gestions ndvancr 1 for toying that the courts
nay give to commerce on the rivers a pro-
octlon which they may rot extend to the
commerce on the railways. The railway
companies ore clothed with Ihe power of
imlnent domain to enable them to acquire
ands nccesfnry for their p-irpo es , because
ho proposed use Is for the public benefit.
To the extent of the shire which the com
panies have of Interstale commerc * they hold
heir lands nnd rights of wny for the bene
fit of the general public and subject to Ihe
national control.
"For this purpo-e , to use the expression of
ho supreme court In Oilman vs Philadelphia ,
Wall 711 In respect to tmlgable waters ,
'they are the public property of the nation
nl subject to all ths requisite legislation ot
ongress. "
The Jurisdiction of the courts ot equity and
by Implication their right to puulsh for con-
empt ara established by the constllullon
qually without the right lo Irlals by jury ,
ml so long as Ihere Is no attempt to extend
url'J ctlon over subjects not p-operly cjgn'za-
il In equity , there can be no ground for the
bjecllon lhat the right of Jury trial has been
aken away. The aiino act may constitute
contempt and a crime , but the contempt Is
ne thing , the crime another and the punish-
nent for one Is not a duplication of the pun-
shmant of the other The contempt can be
rlcd and punished only by the curt , while
he charge of crlrre can be tried only by a
ury.
POSITION OP THE DEFENDANTS.
Judge Wo-ds , rf vrlng to the po 1 Ion cf the
efcndants in respect to the act of July 2 ,
SOO , that It "Is directed at capital , " "at
oncers supposed lo result from vast aggregi-
lens of capllal and not ot force nnd violence
r wholly against trusls and not at organlzi-
lens of labor In any form , " said : It Is clear
hat a further and more comprehensive pur-
> ese came to be entertained and was em-
imlied In the final form of enactment. Com-
ilnalloru are condemned not only when they
ako the form of trusts , but In whatever form
ound , If they ba In restraint of trade. That
s the effect of the words "or otherwise" I
mve no doubt but that this stalute. Insofar
as It Is directed against conlracls or comblna-
lens In Ihe form of trust or In any form of
'a contractual character , " should be limited
o contracls and comblnillons , such. In llielr
general characlerlsllc1 ! , as Ine courts have
leclared unlawful. Hut to put any such llm-
tatlon upon Ihe word conspiracy Is nllher
necessary nor , as I Ihlnk , permissible. To dee
o would deprive Iho word of all significance
\ny proposed restraint of trade , though It be
n Itself Innocent , If It Is to be accomplished
by conspiracy Is unlawful That this casa Is
one of equitable character Is clear and as I
understand has not been questioned by coun-
el Ihelr conlenllon being that neither by
his statute nor upon general principles is
ho case within that Jurisdiction of a federal
court
Excepting the case ot United Stales vs
Patterson , I know of no ruling Inconsistent
vllh Ihe jurisdiction here exercised. In the
case of Phelan. who v\os charged wllh con-
empt of the United States circuit court at
Cincinnati , growing cut of the strike of last
Eun'iner , and involving facts essential nnd
dentlcal with the facls of this case , Judge
Taft declared the combination l& bo "In Ihe
ceth of the act of July 2. 1890 , " and after
quctlng from Ihe act and referring to the
ullngs of other judges In accord with his
cwn views , said "A different view has
jecn token by Judijo Putnam in the case of
ho United States vs Pallors n , 55 Fed. Rep.
C03. but , after consideration , Judge Hurton
and I cannot concur with the reasoning of
hat learned judge. The fact that It was tha
mrpose of Debs , Pholan nnd their associates
o paralyze the Interstate commerce of this
country Is shown conclusively In this case ,
and is Known ot all men , therefore their
combination was for an unlawful purpose and
s a conspiracy wilhln the statule cited. "
The facts of this case suggest illustrations
of the Improplety as well as inconsistency of
putting upon the slatute Ihe reslrlctlvo con-
slrucllon proposed. If , f.r example , 'he
manufacturers of other sleeping cars , In their
own Interests , should enlist the brokemen and
switchmen cr other employes of the rail
roads , cither Individually or In associated
jodlcs. In n conspiracy to prevent or restrain
the use of Pullman sleeper * , by refusing to
move them , by secretly uncoupling , or by
ether elusive means , the monopolistic char
acter cf the conspiracy would be so evident
that , even on the thoTy that the statute is
aimed nt contracts or combinations Inlcnded
.0 engross or monopolize the maket , it would
) e agreed lhat the offense ought to be pun-
nslmble , but If in such a case the offlcsrs
cr agents of the car companies , who might
or might not be capitalists , would bo In
dividually responsible for violating the
slalute , upon what principle could the fire-
lien or switchmen be exefilpt ? Can vvork-
ngmen , or , If you will , poor men , acting
ay themselves , upon their own motion and
lor their own purpossu , whether avowed or
secret , do things fcrbidden by the statute
without criminal responsibility and yet be
cilminally responsible for the same things
done at the Instance and to promole the
purposes of others' Or will It be said that
under this statute one who Is not a capitalist
may without criminality assist capitalists In
the dclng of things which on their part are
criminal ? If that bo so , then If a capitalist
and one who Is not a capitalist join In doing
things forbidden by this state neither can be
punished because one alone cannot bo guilty
of conspiracy.
FORCING ON THE RAILROADS.
The perslstenl effort of Ihe defendants , as
the proot shows , was to force the railroad
companies the largest capitalists ot the
coiinto to co-opeinte , or nt least to ac
quiesce , In a fchemo to stop the use of
Pullman sleepers , and for a time Ihey had
the agreement of a manager and other
o llccrs of one road lo quit the use of the
obnoxious cars , and. perhaps , a qualified
submission of the olllcers of another road
or two. Does the guilt or Innocencct of
the defendants of the charge of conspiracy
undur this stnlule depend on Ihe proof
there may be of their success In drawing
to the support of their design those who
may be called capitalist ? , or does it < lepend
on the character of the design Itself nnd
upon what 1ms been done toward its no-
compllshmenl by themselves and by those
In voluntary co-operation with them , from
whatever employment or walk In life ?
I have not failed , I thlnle. to appreciate
the just foice oC the argument to the con
trary of my opinion it lia sometimes en
tangled me In doubt but mv conclusion Is
clear , that under the act ot 18TO , th * court
has jurisdiction of lh2 case pre enleii In
the application , nnd that the Injuncllon
granted was not vvllhout authority of law
nor for nnj reason Invalid.
This brings me to the question of fact.
Did the defendants violate the injunction ,
Their conduct Is onlv In question , nnd their
admissions are quoted because they con
firm Iho Inference deducible from olher
evidence that no csscntlil and \oluntnry
modlflcallou of their course of actlo'i , either
follow e.l . or was caused by Ihe Injuncllon.
Their original Intention , It Is true , was
only to prevent the use of Pullman cars ,
but findingas they did Immediately , thai
that aim would be thwarted by the dls-
chatKc from service of men v.ho refused
to liundlo these cars , they begun as carl >
as Juno i7 , the day after the bojcott was
proclaimed , lo Issus orders lo nlilKe , am
fiom thai time , to thp end of the cxten
of their nblUty , they conducted nnd con
trolled Iho slrlke with persistent consist
ency of purpose nnd with unvarying meth
ods of oi'tlon.
As oHlce-raof the American Railway unloi
It Is beyond question that the defendant'
hud practical control ot the strike , guiding
as they chose the movements of the men
actively engaged. Under the conditions of
last cummer , when there were many Idle
men ! > ei > klnsr employment , It was Impossible
that n stilUe whluh alined nt a eonera
cessation of business upon the railroad :
nf the country , could succeed without vlo
lenof , und it H not believed that tk ° . de
ft ndunts entered upon the executlorf n
llielr Brhemo Tdthout appreciating the fao
niuJ without having determined how to
denl with It Ths Inference , therefore. Is a
fair one , nslds from direct evidence to the
point , that they expected nnd Intended
that this strike should differ from others
only In magnitude of design nnd boldness
of execution nnd that the accustomed ne
cessorles of Intimidation nnd violence , BO
far at leant ns found essential to success
would not tie admitted. lr > that much the
striking workman , uctlnn on the promptings
of self Int. rest , without Instigation or sug
ircstlon. and even In spite ot admonition
to the contrary , may ordinarily bo countei
on. SucJj incHsuffs of admonition- were
suit out occasionally by the defendants
but It da is not upear that they were even
heeded ; und I nm not ubla to l > elleve , on
the evidence , that It was fully Intended or
bellevwl that It would. I am quite ready
to believe that the defendants not only
did not favor , but deprecated extreme via
Itmcrt , uhtch mleht lead to the destruction
of property or of human life : but tha chic
net , 1 am convinces was to secure the
< , vlll of the public. To that end the
warnings against nets of depredation or
vIMbla dcslructlon of property , It may bo
well bo brlleved , were Insincere , but their
followers did not undorslnnrl , nnd thli court
cannot bellovo , that It was Intended to for
bid Intimidation and the milder forms ot
vloltnce which did not directly Involve the
deslrucUon of piupeity or severe Injury to
persons , nnd which for that reason. It
seems , were assumed to be not unlawful
vvhon employed In the Intercuts of organ-
bed labor In a contract with "an alliance
of rich and powerful corporations.
A. 11. U. LED IN VIOLENCE , .
Judge Woods said the aliened advice of
counsel neither Justifies nor mitigates n
wrong or cnor rommltlcd In pursuance
of the advice. With nil lhat Is said about
gum ding property , keeping Ihe peace , and
being Ihe llrsl to nirest onendeip , no one
was nrresled , nnd no effort was made by
strikers or members ot the A. H. U. to
iresprve the peace or to protect property.
On th" contrary , many of them were lead
ers In rccnei of violence and disorder. If
his strike , IlUn others , was understood teD
> D war , not nee tuajlly of blood nnd bullets ,
> ut a conlllcl between conlendlnr ; Inlere-its
or cln ses of Interests , In which stialegy
md lo bo emplocil lo keep Ihe men In
Ine , II was moie llian a nenceable strike
or mere cessation rrom work. Had It been
only that the Injunction , Instead of balng
a hindrance , would have been In Ihelr
lands , the very weapon they needed to
enable them to suppress Ihe violence and
disorder in which itlone thev tay they saw
losslblo danger to the success of their
cause
U IB shown by the testimony cf two or
more witnesses that on the nlaht of Jure " 9
Jobs nnd Howard nnd Kcllhci attended a
meetlnK of Ihe local union at Ulue Island ,
a suburb of Chl".iRO , on the line of the Uock
sland & Pa-ltlc rallioad , that he and How
ard each addressed the men , that on the
next day was inaugurated "a condition cf
urbulence" . which a witness declared he
'did not belive could exist. " And notwith
standing the efforts of the United States
marshal by landing the injunction and
otherwise to quell the disturbance nothing
vas accomplished unlll July 6 , when federal
soldiers arrived These Ihlngs dlreclly fol-
owed , and in large measure , I think It not
unvvananted to say , were the natural and
probable result of the speeches made and
: ounsel given lo the men by Debs nnd
lownrd at the meeting on the night of the
29th at Hlue Island. Suggestions calculated
o Incite the arts of violence or Intlmldallon
vere cqntalned In many of the telegrams
vhlch were sent over the name of Debs , for
which , notwllhslandlnrr Ihe averment of
heir answers to the contrary. It Is no
orger possible for any of the defendants to
deny some measure of responsibility.
The right of men to strike peaceably nnd
he light to advise peaceable strike , which
ho Inw dots not presume to be Impossible ,
s not questioned. But If men enter Into a
conspiracy to do any unlawful thing , and in
order lo accomplish their purpose ndvlse
worXIntfmen to go upon a slrlke , knowing
hat violence and wrong will be the probable
outcome , noithei on law or on morals can
they escape icsponslblllty.
VERDICT OF GUILTY.
Pullman cais In use upon Ihe roads are
nstrumenlalllles of commerce , nnd II fol-
ows that from the time of Ihe announce
ment of Ihe bojcott the American Railway
union was committed to a conspiracy In
icstrnlnl of Inlerslato commerce , Jn viola-
lion of the act of July 2 , 1890 , and that the
members of that association and all others
who Jdlned In the movement became crimi
nally respo-sible each for Ihe acls of others
done In furtherance ot the common pur
pose , -whether Intended by him or not. The
ollicers became responsible for the men and
the men for the ofllcers
Thp original conspiracy against the use of
Pullman cars Became n conspiracy against
iransportatlon and Iravcl by railroad. Upon
: helr own aulhorlly , without consulting the
ocnl unions , the defendant converted the
jovcott Into a strike , nnd with the aid of
followers , some of whom stopped at no
moors between the drawing of a coupling
iln and the undermining of a bridge where-
jy men should be hurled to death , they
> ushod Ihe fclrlke to the conditions which
prevailed when the Intervenlion of the court
was asked , nnd which In the end compelled
the employment of military force to re
establish pence and start again the activi
ties of commeice. . .
Much has been said , but without proof , of
the wrongs of the workmen at Pullman , of
on alliance between the Pullman company
and the railway managers to depress wages ,
nnd generally of corporate oppression and
arrogance , but It Is evident that these
things , whatever the facts may have- been
proved or Imagined to be , could furnish
nellher Jusllflcation nor palliation for giving
up a city to disorder and for paralyzing the
Industtles nnd commerce ot Ihe counlry.
The decision of Judge Caldvvell has been re
ferred lo , but while that recognized the
right of employes to quit the service of the
receivers , It contained no warrant for In-
tlmldatlnir or abusing Ihose who were will
ing to take employment , or for otherwise
Intel ferlngr directly , as the defendants ana
their followers did , with the management
end operation of the road.
The court therefore finds the defendants
pullty of conlemot as charged , in each of
the cases. Ihe same sentences will be
ordered in both cases , but it Is not intended
that they shall be cumulative.
DB11S TALKS ON THE VKHD1CT.
Ihlnlcs Judge \\ooiU Drew an Unwarranted
Assumption
CHICAGO , Dec. 14. Debs said tonight , re
garding Judge Woods' decision : "I nm a
law abiding- man , and will abide by the
law as conslrued by the Judges. But if
Judge Woods' decision Is the law , all labor
organizations may as vv ll disband. Ac
cording to him , every strike Is tt conspiracy
and Is unlawful. Then If our wages are re
duced 50 per cent and two of us decide to
quit rather than submit to a reduction we
arx > guilty ot a conspiracy. Of couise , he
says strikes are all right if they are peace
able , but who can tell when violence will
follow a strike ? In the strike of last sum
mer every effort was made by the leadjrs
to prevent violence. We warned the men
to respect property and ev en to keep o ftthe
right of way of the railway companies.
Judge Woods Intimates this advice Is given
for the effect that It would have upon the
public. What right has he to draw such
an inference. There Is nothing- the evi
dence to support It. "
DUBUQUi : , la. , Dec. 14 AV. W. Ewlng ,
counsel for Eugene V. Debs , would not ex
press an opinion of the lesult of the case ,
but said If It could be golten before the
supreme court of the United Stales he was
confident of a reversal.
Pleasant to palate and healthful to stomach
ach Is the delicious food prepared wllh Dr.
Price's Baking Powder.
Dnuhlo .Murder nnd Suicide.
JOHNSTOWN. Pa. , Dec. 14. James
Vivian , a resident of South Fork , made an
attempt to kill his wife and slster-ln-law ,
Miss L Draden. After slashing them badly
he cut his own throat , dying Instantly. Mrs.
Vivian's wind pipe Is severed and she will
die. Her sister's injuries will probably be
fatal. Vivian was chairman of the county
committee of the populist party In Cambria
county.
Noddy Nnry-s.
Society has been gay the past week , gay ,
however , In a quiet , easy fashion , as com-
porta wilh the d'gnlty of the * swells who
make up the svelte world. There have been
no Imposing demonstrations on the part of
fashion , but what has been done will be
faithfully chronicled In The Sunday Bee ,
which is becoming more than ever a paper
for the fireside and the home circle.
Shot by A n cry
FORSYTHE , Ga. , Dec. 14. A serious riot
occurcd at Cannabe , ten miles south ot here ,
In which three men were shot and badly
w ounded by a crowd of enraged negroes.
Mlsunuri Hefcuts Tcxns.
AUSTIN , Tex. , Dec. H.-Mlssourl uni
versity eleven gave Ihe Texas university
boys a drubbing nt foot ball today , scoring
23 lo their opponents 0.
Mtglit City Ciosalp
B. E. Wllcojk successor to Persons &
Wllcox , real estate , rents , loans and in
surance , at the old sland ,
B. E. Wllcox has purchaser the Interest ot
F. J , Persons in the business of Persons &
Wllcox , real estate , rents , Insurance and
l ana , and will continue the. same at the old
stand , 2415 N street , where he will be elad
to meet his old friends and many new ones.
MAY BE UWEN'S ' LAST FIC11T
Lying in HisTfrK ing Boom in a Dangerous
milition.
LAVfGNE A W' $ ER FROM THE START
Iornl Man No .Mutch for the "Sacltmw
Kin" nnd Dld o \ \ ork After the 1 Irst
Hound-1 ijjtit v.Vui rust nnd
rurluufc from the Mart ,
NEW ORLEANS , Dec. 14. George La-
vlgno and Andy Bow en fought tonight In
the auditorium In the presence ot about
4,000 people. The purse was $1,000 , divided ,
$3,500 to the winner and $500 to Ihe loser.
John Duffy was chosen referee and the fol
lowing celebrities acted as seconds : Billy
McCarthy , Billy Layton and Al Spitzaden
looked afler Dovven , while Van I'ragg of Chl-
caqo was his timekeeper. Sam Fltzpatrlck ,
Jim Hall and Martin Murphy esquired
Lavlgne , nnd George F. Consldlno of Detroit
held the walch for the Saglnaw Kid. Ref
eree Duffy announced before the fight that
a decision would bo given at the end of the
Iwenty-flflh round in other words the contest - !
test would not be declared a draw.
Both men were overweight , Bowen weigh
ing 133 and Lavlgne 135. Tha weight agreed
upon was 130 pounds.
In the first round Lavlgne slipped to Ihe
floor twice. Up to the third round he was the
aggressive man , and had the heller ot Ihe
flghltng , though Uowen landed come stiff
body blows.
In the fourth round Lavlgne had all the !
best of the fighting , landing several right
handers on Bow en's face , staggering the home
man as the gong sounded.
The fifth and sixth rounds were also In
Lavlgne's favor , though little or no effective
work was done.
In the seventh round Bowen was cut over
the eye. Lavlgne looked every inch a win
ner.
ner.Tho elghlh and nlnlh rounds were bolh
Lavlgne's. Bowen was clearly outclassed.
At the end of the ninth round Bowen had
bellows to mend , while Lavtgne was unscathed
and seemingly as fresh as when he began.
In the tenth and eleventh rounds Lavlgne
had much the bsl of Ihe fight , Bowen being
Knocked all over the ring
In the twelfth and thirteenlh rounds H
was Ihe same old slory , Lavigne did all the
forcing.
In the fifteenth round Bowen was nearly
downed by a heavy right-hander on the Jaw
and would have been floored had not the
gong saved him.
In the seventeenth round Bowen was
knocked down. He received terrible punish
ment , though ho tool : U gamely.
In Ihe eighteenth round Lavlgne feinted
with his right , and as Bowen ducked , his
elbow caught Bow en's chin. As Bowen
straightened up Lavlgne's right caught him
on the point of the jaw , Bowen fell back , his
head striking the platform with full force
Bowen fought a game fight , but was never
in the contestLai Igne fought fairly but
furiously and deserved his victory.
Uowen was carried limp and senseless from
the ring by his seconds to his room , where
Drs. FInney , Sclrfi\T3tt \ and Barntim walled lo
bring him to constratsness. There was great
excitement In the man's room , with the fear
that ho might die enterlalned by all presenl
Dr. Hannn , who has had much practice In
connection with bo'xfng malches , said Bowen
was ovldenlly sKfMrUJg from concussion ot the
brain. One ofv l Q.bad symptoms was the
pupils of Ihe eyss wore different colors and
frequent vomltlag aused the man's friends
much alarm. Atj.the hour of this report (11 (
m. ) Bowetj lsLjll'in ' a Da-d way-
At 1 o'clock * ls > lnornlng Bow en's condi
tion had not Imjfrov L and It was deemed -so
serious that ho was conveyed to the charity
hospital. Lavigne has. been detained by the
police.
At 2 o'clock Bowenjwas still unconscious.
He has been taken to his home and the en
tire Lavlgne party has been arrested.
AT HAY IMbTHIUT.
Two 1'ast Long Ehotti Fail .lust IJoforo the
Wlrn VUilloVlimlus : ,
SAN FRANCISCO , Dec. 14 Pop Gray
saved the talent _ from a clean knockout
today. He was d 2 to 5'favorlte nnd won ,
but all the other events went to outsiders.
The third and fourth races w ere sensational.
In the third race Chlqulto led Into the
stretch , but was collared by Gold Dust , who
was coming- very fast nnd looked a sure
winner. Sevenly yards from Ihe wlr , how
ever , Gold Dust turned a somersault and
Chlqulto won. Little Chevalier was stunned
by the fall , but was able to ride In the
next race. In the fourth , at exactly the
same place an < \ . under the same circum
stances , Jake Jolinson , ridden by Illnrichs ,
fell , nnd Pop Gray won. Summaries :
First race , six furlongs , selling : Carmel ,
99 , Carr ( G to 1) ) , won ; Grande , 104 , Chevalier
(4 ( lo 1) ) . second ; Calch 'Em , 90 , Cockran (2 (
to 1) ) , third Time : l:22Vi. Jennie Deane ,
Vulcan , llavlne , Mutineer and Prlmanda
also ran.
Second race , five and a half furlongs :
Modesto , 101. Chevalier (3 ( to 1) , won ; Major
Bann , 107 , Hlnrichs (2 ( % to 1) ) , second ; Al
cyone , 92 , Fly nn (10 ( to 1) ) , third. Time :
l:15'i. : Coquette , Judge Tom , Miss Boots ,
lllty , Wavvona , Not Yet , Santa Rosa and
Howard also ran.
Third race , five nnd a half furlongs : Chl-
qullo , 87 , Jones MV6 to 1) , won ; Johnny
Payne , 101 , Carr (14 ( to 6) , second ; -Con-
naushl , 99 , U. Isom (6 lo 1) ) . third. Time :
1-1GV4. Lou L , Queen of Scols nnd Gold
Dust also lan.
Fouith race , selling , six furlongs : Pop
Gray , 111 , Cair (2 lo 5) ) , won ; May Day , 102 ,
Cockran (20 ( lo 1) ) , second ; Illcardo , 93 , Chev
alier (8 ( to 1) ) , third. Time : 1 2. ! . Blue Ban
ner and Jake Johnson also ran.
Fifth race , live and a half furlongs , sellIng -
Ing : Banjo , 98. Flynn (4 to 1) , won ; Patriot ,
101. R. Isom (10 ( to 1) ) , second , George F.
Smith , 105 , Jones ( even ) , third. Time : 1:16. :
Robin Hood also ran.
_
Tnlpnt'H Ilrty ut * < ew Orleans.
NEW ORLEANS , Dec. 14 The track was
In fine shape today and called out big- win
ners , four out of five favorites winning ,
while a strongly backed second choice car
ried oft the fifth. The track was fast. Re
sults :
First race , seven furlongs : Miss Gallop
( G to 6) won , Theodore H (8 ( to C ) second
Baby Bill (12 ( to 1) ) thlid. Time : l.3\
Second race , six and a half furlongs :
Young Arlon (7 ( to 10) ) won. Prince Imperial
(8 ( to 5) ) second , Revenue (8 to 1) ) third. Time :
1.23
Third race , selling- , six fui longs : Burrel'a
Billet (2 ( to 1) ) won , Ben Spring- ( to 1) ) second
end , Luke Park ( U to 1) ) third. Time : 1-15 % .
Fourth race , handicap , one mile : Clara
Bauer (8 ( to 5) ) won. Imp. Wolsey (9 ( to 6) bee-
end , Bonnie B (40 to 1) ) third. Time : 1:42 % .
Fifth race , elx furlongs : Dr. Work (3 ( to
1) won , Flush ( eVen ) second. Red Veil (6 to
1) ) third. Tmeflloyi. ) ) ;
SclmotTor lasuc * n
CHICAGO , Deci3l4 Jake Schaefter an
nounces that ase \ has been unable to
make a match at cUshlon caroms with Ivcs ,
he will play aily > other UJlllnrd player In
Iho world thre jgnmes ns follows : One
game of fourteen-mch balk line billiards ,
anchor barred. MO points up , for Jl.OOO a
side and the net Rate receipts ; one at the
champion's game , 18x36-lnch lines , 800
points up , for tile asme amount of money ;
one game at cushion caroms , WO points up ,
for the same amount of money ; one of the
above games to be tlayed In Chicago , one
In New York , nnij the city In which the
third ( rame shall be played to be decided by
toss At least ten dayn must elapse be
tween the games Schaeffer has deposited
* 250with the _ Brunswlclc-Balke-Collender
company as temporary stakeholder.
\
Raymond's
Leather Presentations for a Woman-
In
MONKEY SKIN. POCKET BOOKS.
WO 8KW the most , CAHU CASES
LI/.7.AHI ) SKIN CALLING UST3.
ALLKUATOlt SKIN , Popular 1'HAYER 1100K3.
8KAL , SKIN. HANI ) BVGS.
Shades.
A Dollar buys a nice Leather Gift ,
IOTII .4.vi > ST. RAYMOND.
jittntfs.
Dommtlc.
Joseph Truskcy was hanged nt Sandwich ,
Ont.
Ont.Daniel
Daniel H. Itobertson was hanged at New
Bedford , Mass.
Hock iBland directors liavo declared a
quarterly dividend. .
Adjutant General Porter died at New
York at 10-40 last nlfiht.
Smoke and steam are again pouring from
: ho crater of Mount Hauler.
The Meadow croft brothers were found guilty
at Chicago of fraudulent banking.
The western chair manufacturers held n
session at Chicago behind closeJ doors.
Hobert Scott was convicted at Wavnos-
ioro , Qa. , of the murder of Clem Starr
The C. r. Percolat Fur company , cno of
: ho oldest houses In Chicago , has assigned.
The court house at Lewlston , 111 , was
yesterday. All the records were saved.
Senator Sherman has Introduced a bill to
purchase a statue of the late Chief Justice
Chase.
Defaulter Soely has been taken to New
York In custody of United States Marshal
Arnold.
A negro who murdered a boy near Wll-
lamson , S C , was taken out by a mob and
iynched.
Iludolph True Davis , one of the largest
Millers In the southwest , died at St. Joseph
yesterday.
Uev W C. Willing. D D . of the Methodist
Ep'scopal ' church , died suddenly at Margar-
ctsvllle , N Y
Mlw Villa Heed of Ottawa , Kan. , Is In jail
at Fort Scott , charged with using canceled
> ostago stamps.
Captain James C. Miller , for many years
chief engineer of the Jollot penitentiary , coin-
nltted suicide yesterday
Flro In the editorial rooms of the Denver
Times last night was extinguished before
much damage was done.
A largo po3so Is searching for the lone- high
wayman who held up the Solomon and Fort
Thomas stage In Arizona.
A. C. Williams , n negro , was hanged at
rjlberton , Oa. , yesterday for the murder of
Newt Hampton last July.
The wholesale hardware dealers' convention
at Cle\ eland has formed a national crganlza-
lon and adopted a constitution.
The barkentlne John Worster , from Seat
tle to San Francisco , was abandoned at
sea forty miles from Gray's harbor.
A petition signed by many thousand voters
ins been presented to congress asking for
tha enforcement of the anti-trust law
Reports come from Wales that many Amer-
can laborers brought over with cattle are
stranded there , unable to get back home
In response to a petition Cardinal Gibbons
lias convened a cucharlstlc congress to meet
at Washington. Mgr. Saiolll will presldu.
William E. Mldgely , president of the de
funct Casualty and Surety company , has been
arrested , charged with the larceny of $20,000.
The general assembly of tno United Evan
gelical church has adjourned sine die after
deciding to support a missionary in the for
eign fieia.
Railroads centering In Kansas City have
granted a one-and-a-thlrd rate to the poultry
show to be held In that city December 18 to
2G , Inclusive.
"Walter nark has bene sentenced at the Go
ng Snalte court In Indian territory to bo
hanged on February 22 next for the murder of
Johnson Heese.
The Montana legislature , which uipets Jan
uary 7 , will have two senators to elect. Bal
loting will commence 113 eoon as the legis
lature Is reorganized.
In a quarrel over a love affair at West-
port , near Ktngman , Kan. , Pearl Drury
fatally shot Cajson Carver. Both are sons
of prominent farmers.
The Ute Indians who have been causing
alarm In San Juan county , Utah , by coming
over there from Colorado have consented to
return to their reservations.
In the trial of whltecappers at Atlanta
yesterday one of the witnesses confessed that
ho , was a member of a widespread gang and
Implicated several prominent personages.
The national conference of boards of
health , In cession at Washington , has passed
a resolution favoring a national health
board , exclusively de-voted to such questions.
The Email coal companies In Kansas who
found It Impossible to compete with the
larger concerns have effected a combina
tion and will establish offlcs at Kansas City.
The supreme court of California refused to
Issue the writ of mandamus asked by the re
publican state central committee , and the con
test will have to bo taken before the legisla
ture.
In the Lexow Investigation yesterday Cap
tain Creedon went on the stand and con
fessed that he had paid $15,000 for a cap
taincy on the police force. Sergeant Wlgand
had offered $12,000 , and he was compelled to
Mr. George W Tulcy
lienjaraln , Missouri
Quickly Followed
Cured of Rheumatism by
Hood's Sarsaparilla.
"C. I. Hood & Co. , Lowell , Mass. :
" I was taken down with rheumatism over n
year ngo. I was sick for over six month )
Often I would Imvo such pains that I could
hardly endure them. A 'deml cama to mo nnd
advised mo to try Hood's S.irsaparllla , I took
him nt UU word and sot a bottle of It , and since
have taken eight bottles of It ,
It Has Cured Mo
VThen the doctors could do ino no good what
ever. After being benefited so much from Uili
medicine I describe Hood's Snrsapurllla rn n
wonderful madlalue. I nlso advise every one.
who 1J troubled vv Ith rheumatism not to bo w 1th
r ? .
nut Hood's Sarsaparillo. I am a farmer , and
the medicine has Rlrcn mo much energy end
strength to perform my vvorlc. " OEonai : W ,
TUI.J.Y , Denjamln , Missouri.
Hood's Plllo are hand made , nnd perfect
In proportion and appearance. 25c , a box.
We cnd tin marrplnnn Krfnch
Ilemtxly CALTHOS fror. .M.I > i
liK l guarantee that C'ilTllcw will
KTOI > IH.charir. .k Kmlulont ,
CUIIF Hprrmdorrhrn V ortcocclo
uad UKhTOUK lx > U Vlcor.
Ute itaniifaYi/iatiijIrd.
AdJiui. VON MOHL CO. ,
Ool Agri-Ilia AjuU , n.flnnll , Obto. F
Made a well
Man of
INDAPO
TUB cm ; _
HlrfDOO C1EMEDY
t-KODVCU TUB AHOY * _
UUilII.T8li.tlO I ) AT . C < iru ill
ervou * lil at . yalllaff Nvtnofr ,
? arc UBlei > pl > ng < i , Ultfhtlr Knffi * -
lon i , ie , CUK < I tj i i t ubuxK , cli ti riiror end il >
toihrunkett organs , nnd quickly uutturelr rvitorM
Lo tMimko < > < lnoM ) or young. EAillrcifrUdlnrcil
poeli < t. l'rlc # l.oOnpicci ! > Ko. fill for B OO wllh
written uarMleto iiror mmrrfuM l d. Don't
buy an imitation , but JniUt oa linfuif lM > AfU. li
U , wa will
SOLD bjr Kuhn & Co , Cor. ijtb and Douglau Sit ,
cad J. A. Fuller & Co i Cor. iitb and
bu.OUAllA.NIUJ
raise the bid. Captain Creedon was nt once
suspended from the force by the police
commission ,
Kxpert Accountants Hosklns and Silos have
recommended that for economical reasons
the bureau of survevor general of the land
onlco and the coast nnd geodetic survey be
consolidated.
The New Jersey board of pardons has
granted a pardon to Edward Young , con
victed of embezzlement , nnd refused one to
Theodore Kimbcrl , sentenced to be hanged
January 23 for murder.
William Hansom ot Instill , Okl , has sued
Marshal Nix for $10,000 damages for Injuries
accidentally received In a battle between the
marshal and his deputies and a number of the
Ualton gang of outlaws.
Hev. Dr. Trod C. Hooker , vice rector of the
North American collene at Home , has been
appointed by the pope a member of the apostolic
tolic delegation at Washington and will net
as the secretary of the legation ,
Maggie Tiller yesterday shot a man named
Charles Miller , \\lio cam ? Into her room nnd
attempted to rob her. After being shot thu
man jumped out of the \\lndo\v , but his foot
caught and he hung head downward until he
died
Eugene ft'clr , a drug clerk at Sin rran-
cisco , was hilled by burglars , vvho then robbed
the cash register. The body was found by n
policeman In the celhr with Uenty-e'sht '
slab wounds In the breast and side The
money \\ai also found hidden In ths neigh
borhood. Tha robbers and murderers oicaped
I ornlfjn.
Jean Mace , the French llterateur and sen
ator , Is dead.
The death Is announced from Paris of M.
Jean Francois Olgoux.
Vies Admiral Tchlkhatchoff , the Russian
minister of marine , has resigned.
Captain Morhan , who accompanied the camte
de Paris to America In 1803 , Is dead.
An unfavorable Impression has been cre
ated In Homo by the report of the committee
appointed to Inquire Into the Glollttt docu
ments.
Signer Branch ! , Italian consul general at
San Francisco , will replace Slgnor HIva , con
sul general at New York. Slgnor Grlmaldl ,
consul at Denver , will succeed Signer Uranchl
as consul general at San Francisco.
DnEfiDFOL PSORIASIS
Covering Entire Body with Whlto
Scales. SufTorlnp ; Fearful.
Cured by Ctitlcura.
My disease ( psoriasis ) flr < t brolio out on my
left cheek , sprndlni ; acrcmin ) noMaudalmojt !
covering mj Ucu. It ran Into n > > ejcs , and Iho
phvslclaii was afraid 1 wo.ild loao inyojc lplu
altogether. It spiead all over my head , and my
_ , , hair all fell out , until I was
' entirely bald headed , It then
bro\e out oa my arms and
shoulders , until my arms wcro
Just ouo sora. It corcrcd my
entire holy , my face , hcatf ,
and shoulders lu'Iriptbowoist.
The v hito scabs fell constautly
fro-a my licid , thoiiUlcra , and
nrna ; the skin Mould thicken
and be red and vtry itchand
\\oild crack and blood if
Fcratohod. After Bpemllnfj
miny hundreds of do'lirs ' , Iv 3 pronounced
inciinble. I heird of thoC'mici iu UI.MHHF * ,
and after using fuo bnttlui Cimccnv Khsoi < -
\E , I could sso n cLAtije , and after 1 Inil
taken four bottle , I was aknoit cured ; ami
when 1 ludnsed sK bottles of COTIOUH v Kn-
SOIAI XT , ouo hoof tt > nci7iuaud one ciku
orcunruuv SOAP , I vu cured of the dreidful
dlsciso from vhich I had sufTcrpd for lUo vcars.
1 cannot express with n pen vrliit 1 snflorcd
before usini ; the KrMiuiu. 'Ihoy si\cd my
life , ind I feel it ni ) d t ) to recommend them.
Jly liiir H roitorod as good sa cter , .iadsa is
my evejlclit.
iliia. K03A KELLY , lloclrttcll City , Iowa.
CUTICURA WORKS WONDERS
Everything about thiuo wonderful skin cnre ? ,
blood purillird nnd humor remedial , inspires
confidence. 'J he ) allor 1 inntait rshof and speedy
euro of the most torturln ' and dlangurln ) ; of
itchlnc , burning , scah , pMn ai\il \ scalp diseases.
They clcansn the Moid nnd skin of every onip-
tio.i , Impurity and di > ca n , and constitute the
mo. > t cflcctivu trcatuijat of modern timca.
Bold throughout Iho world. Trie * , CiiTicnnA ,
60c. , FUAP.SJC , Hi.soi.vrsT , SI. 1'orrcit IJnua
ANU Cnrji. CORF , bob 1'roprli'lors , lioaion.
IKS- " How to Cure Skin Diseases , " milled f too.
niMPLKS , blackheads , red and oily eUn pro-
I I III vented and cured by COTICUIIA SOAT.
IT STOPS THE PAIH ,
IJviltacho , kidney pains , weakness ,
rheumatism , and muscular iiaina re.
MMl in oi o iiilniilH liy the C'utl-
i > /jiii-l * > ! a 1 liiRtrr. 3c.
Both the method nnd icsnlts when
Syrup of Figs is taken ; it is pleasant
and i of lushing to the taste , and noti
gently yet piomptly on the Kidneys ,
Liver and Bowels , cleanses the ays *
tern effectually , diapols colds , head ,
aches and fevers and cmcrf habitual
constipation. Syiup of Figs is the
only remedy of its kind over pro-
dnced , pleasing to the taste and ac
ceptable to the stomach , piompt in
iLs action and truly beneficial in its
effects , prepared only fiom the most
healthy and agieeablo substances , ita
many excellent qualities commcud it
to all and have made it the moat
popular toinody known.
Syrup of Figs is for sale in CO
cent bottles by all lending drug
gists. Ar.y reliable diuggist who
may not have it on hand will pro
em o it piomptly for anyone who
wishes to try it. Do not accept any
substitute.
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO. CAL vfj
LOUISVILLE. KY. tJEW YORK , N.Y.
AMUSI MKN PS.
GOOD-BYE
PERFORMANCES ,
TODAY PACKED
AGAIN
AT
LAST
2:30 : , NIGHT.
TONIGHT
AT
MATINEE
8:15. : I'lrst lloor , DOc and 75o ; balcony
. 23c and BOc.
SUMY , DEC. 16
I-IOYT'S
MUSICAL , TltlTLC ,
In n Now Uiess , will ) nil the
isiu YOUICAST ,
including CONOR.
The sale opens Saturday morning at usual priccr
war fflnrjissir vui'Ufiiiit
inG klflrSni : vuioisa ,
\\r.r.\i \ ronvusr : a i r TTf"1iR
i--1-1- ' J-\ _ .
SUNOAY MAIIMC. : f - - - - ' -
GLUN JIAOnONOUail'S
Jollj , hlUle-SpllttlnK I'aice ComcJy
"THE PRODIGAL FATHER"
Third soar of the Triumphant Succcis
A TAIlCn OOMI3DY IN TIIURH ACTB.
Matinees WcUnesilay nnd bilurdn > i
heats now on Bale nt box office
. . " Railroad Ticket. "
Comlne week ! ) 23. "A
p'li r i M i
CilttdpNo. ?
Just a half dozen of thousands all
pure silk out and in Tecks and
Four-in-Hand Ties worth all the way - " * ' . !
up to $1.25
ONSALESATURDAY.
_ _
Hardly two patterns alike , shapes
vary too 'tis the prettiest collection
of ties human eyes ever feasted on ,
A couple thousand of them are dis
played in one of our show windows
buy as many as you like if you are
not a dealer.