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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 27, 1895)
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S THE ' : owrA DAIlY , 13E1It WEDNESDAY , MATtOII 27 , 189Zi.
1EEt LROn 1501. .
5- ' S r ' ' S
I- i = _ _ _ - - _ _ _ _ - - - - - - - - - - - - - - - - -S
IiEY : ; ARGUES ACAINST DEBS I
uridicion of the Leer Oourt the Oty '
Point Involved in the Oao
DECLARES lIE WAS ENTIRELY TO BLAME
Alorf' Uenernl I'ut AI the Jlspond-
S bully for the 8to1'I11 ot Trafc a\
ChltRIO on tin tholhter ot
t hf Strike IrRtIer.
WAS1NGTON , March 2G.-Tho hearing on
tlO application of Itigcno I y Deb anc otberl
for a writ of habeas corpus for their release '
from Imprisonment ' 1 reslmel promnty on
the opening of the lpremo court of Ihl
United States nl noon today. Attorney Oen-
( ral Olney malle the first argument In be-
hair of the cvernmenl In OIJllslton to llO
n plcalon ,
Mr Olney h the h111e qleston before
the supreme court was whether the court
llelol ha < ! jurlsdktlon of the case made by
the original bill and proceeded to Iho\ that ,
as he viewed the matter , It ha < , Ito lie-
' 'otel but very little time to the ( IHscuslon
of the governmenL's technical relation to the
Jlall al1 the mal brigs or to the provisions
of the act of 1890 , whIch he characterized A
"nu experimental pIece of legislation , " and
) sell Immediately to the consideration of
'the strIke as a violation of Interstate com
S Jlerce regulat ns. The Interstate commerce
'whch 1M sub1ct to the regulation _ of con-
m. ' _ , . . _ ,
gross comprehends , he sall , a greet variety
of different subject maHer. I Is heW , as
t 'espects 80me of them. that In the absence
of 1oslh'e ICllslJtol thereon by congress
there may bc acton Iy a state. Dul It has
al\a1 and universally heen conceded that
the moment congreFs docs act upon a mater
which Is part o Interstate commerce , from
that mnbnieimt the Jurisdiction of the United
States becomes absolute and c'xc1uds all
other authority. Intercourse und trnsportn-
ton between the stltes all all the Instru-
mentaltes of either ore admittedly part of
Interstate commerce. Transportation of pas-
seners and freight hy railroad Is , of course ,
Included Nol only Is that so , , but It Is also
true that Interstate railroad transportation
-S has been taken In especial chale by con-
gress. Having power to control It congress
has not perlitell the power to lie dormant ,
but haa freely and decisively exercised It.
I.AWS APIIICAnE TO TiE CASIL
He then enumerated many of the federal
laws bearing on the question of Interstate
traffic , Including those applying to the mal
service , those relating to the carrying of live
stock and those requiring the use of certain
kinds of brakes , etc.
"Dut In this connection anti for the present -
ant liuriose . " he continued , "It Is more Im-
Ilortant to note the provisions of several gen- I
eral statutes which cover the whole field of I
Interstate railroad transportation and show
S most conclusively ( lie purpose of congress to
exclude every other source and form of reu-
laton except Its own. Section (258 of the
revised statutes declares as follows :
"I very railroad company In the United
States whose road Is operated by steam , its
successors and assigns , Is hereby authorized -
Iell to carry upon and over its road , boats
bridges and ferries any property on their
way from any state to another state and to
receive compensation therefor and to con-
iiect with roads of ether states so as to
form continuous hues for the transportation I
of the same to lie place of destination . "
"Uavlng by this legislation made steam railroads -
roads Interstate commerce carriers for both
governmental and private purposes , congress
by the act of 1887 , known as the Interstate
commerce act. Inaugurated measures more
4 radical and cOlprhenslve than anything
ever before attempted by virtue of the power
to regulate commerce. "
Dy that act the principles In accordance
, vlh which interstate transportation shah bo
conducted are laid dOI"1 and defned , their
violation Is Inhibited under severe penalties ,
and , to crown the whole , all the interstate
-5--- commerce railroads of the country are pr.\c-
tcaly put In charge of a commission which
Is to see to It that their duties as Interstate
carriers , as prescribed by congrcss are faithfully -
fully discharged. Finally , recognizing the
existence of an evil of great magnitude , con-
grass , by an net of October I , 1888 , mad pro-
vision for the creation of boards of arbitra-
ton to settle controversies between riroad
companies and their omplo'es whose contro-
S vorsles are having the erect of hindering mimi
"Aa a matter of fact " ho sid , "In July ,
1894 , interstate railroad transportation was
being Interfered with In the state of 11Mb
m and the city of Chicago. I was an Interfer-
cneo for which with all , its consequences and
incidents , the present petitioners are to the
fullest extent responsible , unless It bo true
that men can wantonly touch the match to
powder and yet be blameless because not
rightly realizing the 'onsulng devastation : un-
loss I bo true that those who Eoele to execute
S 1 piot by any means possible In the open , arid
taking tIme legal consequences upon thur :
heads are to bo branded as criminals , while
those who sit In an ofco and hatch the pot :
and urge on its consummation are to go un-
whipped of justice because or loud-mouthed
professions of virtue In general and rospt
br law and order In particular . "
STATE WAS DIRILECT.
The attorney general admitted that It was
the duty of the state authorities to deal with
certain phases of the offenses committed ,
mind sold : "If they had done so promply
qnd YlgorouslY , the Interruption of Interstate
railway transportation might possibly have
not ceased , but Instead of their doing this
they allowed day after day to pass , . marked
either by total Inactivity or effort so iii-
directed and Inadeq\ate ns to aggravate all
the evis of the situation . " S
Hence It became necessary for the government -
ernment to step In , not only In defeijas of
individuals , but In obedience to its obligations -
tions to protect interstate commerce , and because -
cause It I the duty of every government
to exercise Its functions whenever occasion
Mr. Obey then passed on to the consideratIon -
then of the means at the command of the
government for the suppression of the strlto ,
the princIple of which was the courts , which
2ust bs depended upon so for as practicable
to deal with It.
Mr , Oney ( lieu proceeded to consider the
asaerlon that the Chicago affair was ex-
ceptonal , anti to controvert the allegation
of errors In the court below , and In closing
fall : "What was 10no by the goverment
und Its court In Chicago In the summer of
1894 was done on a conspicuous theater , and
Uoalt with events striking In themselves and
1n the scale ou which they were conducted
rind which strongly apllale(1 ( to the Imagination -
tion as well us the passions of men . its action -
tion was denounced train the outset as novel
and unprecedented , so that It even became
CXIlslent ( to publicly proclaIm the trite and
familiar principle that for the execution ot
Ilatonal functions every toot of every late
1 national sol amid national property , Since
then the same policy has Ieen 11enlstcnty
vursueti and the goverlnent bill In equity ,
the injunction and the proceedings for con-
tempt , have all been louily condemnel a
Inomalous , extraordinary anl revolutionary.
To such charges there could be no more tie-
eilive answer than Is furnished by this tie. ,
bate and by the contentions of time respective
? iir . Onoy closed at 1 o'clock and was
) romply followed Iy Mr. Darrow In the
Interest of the petitioners. There was no
Interruption of the attorney general during
the progress of his argument by any member -
ber of the court and be received the closest
Mr. Darow opened by saying that he
agreed with Mr. Olney that the case was one
of vat Importanc. Not only was It of
importance to lie corporations , but to count-
less milons of working Ileople. i lie as-
aerted that the attorney general bad over-
looked time Interests of this latter class In
Jlls argument a be had also overlooked the
fact ef the danger to civil liberty embraced
1n time case. lie replied with some warmth
to Mr. Oiney'l crltchm of the failure of the
state courts to take roper cognizance of time
lets of violence accompanying the strike ,
declaring that time stab bad ever been
anxious to prelerve peace and callable of
doing so I the contrary had been true ,
the United States trop could be called on ,
but there was no excuse under the law for
appealIng to the federal courts.
le then ( took UII the legal aspects of the
rase , crltclslng what he Blerted to be the
, .3' abandonment by the government of its orlgt-
S- - S S
nal position In bringing its bill under the
ant.trst I & \ Ths leach for a precedent
for an actors like the preent unde the common -
mon law power had been In ? ain , both on
part of counsel for the pettoner and the
government , lie contended that the Inter-
state commerce act was not applicable , n
that law was enacted for the purpose of
dealIng with anti restrictIng the operations of
the railway corporations ,
I was charged that the officers of the
A. n. U. hal lent telegrams ordering etrlkes
but I had ben shown that these telegrams
allvlsNl observance of the la , . The original
lull Ilci was free from such chargc. If , then ,
these men hal committed no offense , there
. was Ito 110wer In the court to commit them
! for contempt.
"In almost every word uttered by the
attorney general this court Is urged , " said
Mr. Darrow , "nol to interfere becalM these
men were guilty of unlawful acts anti because
the consequences ' of their acts were serloue.
Could the equity power of the curt be resorted -
sorted to because congress had not seAn lit to
provide , allefulto penalty for certain offenses 7
I such a tate of affairs ns pictured by the
atorley general did realy exist In Chicago
thIs situation was ole with which the eecu-
five should have toWel1 with the military ! .
and not the courts. What was needed was
thc display of force and lot the order of the
court In such an emerency. "
lie said limit four federal judges had paIRed
Ipon the case before It hail \ reach thIs
court and each of them hal pused upon I
under the authority of the anti.tm'ust law of
l8o . ignorIng the arguments made for the
applicability of the commerce law. lie then
"ok ! lp the ant.trlst law and IJroeeeded to
show lint I was not applicable to the rail.
way union , but was directed at abuses by
Mr. Darrow closed his argument at this
point and the court took the briefs. I will
aunounco its ' decisIon probably before adjournment -
jourment In May.
Mr Darrow concluded with a personal ap-
n.nl on I.hnt or 11 . " 1nh ! , 10 "onl"nll" "
rl lint lh'elr- acts el ; - i'jimln -l : lie could
say on behalf of his clients that , although
they might have been misguided and un-
wise , they had acted from time highest and
purest motives. Whel a body of n hundred
thousand men lay down their Implements of
labor , not because their own rights have boon
invaded , but because the bread has been
taken from the mouths of their fellows , we
have iso rllht to say they are criminals. I
Is difficult for us to place ourselves II the !
positioim of others , but this court should endeavor - '
deavor to do so and should realize that the
petitioners In this case arc representatives of
the great laboring clement of this country ,
upon which the country must so largely de-
pend for its safety , prosperity and progress.
Mr. Darrow's argument was the last In the
case , and when he had nnlshed the court
proceeded with other busIness on its calen-
tar A decision will probably be rendered
before time adjournment him May.
" & mZUrAN : CLAUIM sElTLEt ) . '
Al of Thom Allowed with the Exception
WASHINGTON , March 26.-After months
of deliberation , the Venezuelan claims commission -
mission today concluded its labors and announced -
nounced its decisIon , being a judgment In
favor of time claimants. Of the total award ,
the Venezuelan Steam Transportation company -
pany of Now York received $141OO of AmerIcan -
Ican gold , with interest , and Captain Abram
G. Post , Jacob J. Maurlnus and David J.
Sturgis received each $300 , with Interest
Time claim of Cornelus Js Drlnkerhof ; master
of time San Francisco . was tIme only ono disallowed -
allowed . The claims date back to 1871 , when ,
In time course of a revolution In Venezuela ,
three of the vessels of the American corpora.
ton were seized by the Venezuelans on
either side In the controversy , and were
much damaged by usa In war. TIme ships
were finally recovered , one through the good
office of the commander ot a British war-
ship , and the other two by the commander
of the United States ship Shawmut The
claim also Included one based on the refusal
of the victorious revolutionary government
to allow the company to oxeeed the franchise
It had to navigate Venezuelan waters , and
also items for the Imprisonment of the mas-
ters of the seized vessels. The principal involved -
volved In the judgment rendered today Is of
great interest to the countries of Central
and South America , which are subject to rev-
oluton , for It amounts to a declaration that
such countries _ responsible for the acts
of Insurgents against the rights and proper-
ties of foreigners , even I those acts are
beyond their control Senor Andreade , the
Venezuelan representative on the committee ,
has given notice that ho will fo a dissenting
opinion In the caso.
SUHMAIINu BO.\T COTHAVTED Fun.
I Satisfactory the Government las nn
Cllon 01 time I'"tcnis.
WASHINGTON. March 26.-A contract
was sIgned today by Secretary " , Herbert with
the John P. Holland Torpedo "Doat company
for the construction of a submarine boa
for the usa of the navy. Tbe'ontrnct , which
may mark a radical l departure In naval con
struction , was signed after a' 't thorough investigation -
VCR lgaton , extending through , a period of
nearly two weeks , of submarine boats and
after various plans for such craft had been
examined. The appropriation for a Jubma-
rlne torpedo boat was made over two years
ago. The dimensions of the boat contracted
for are to be : Length , 80 feet ; diameter ,
1 feet : dlspJacement ( total when sUbmerged )
138' tons. All parts ot the vessel and the
steel to be used In her construction are to be
of domestic manufacture Sue Is to be completed -
pleted within twelve months from date under
( line penales , The contract calls for a
speed of fifteen knots when the boat Is In a
light condition. The secretary of the navy
may refuse to accept. the boat I I falls half
a knot , an hour. below the speed named , or
accept her at a red\ced price. The price
to be paid for the boat Is fixed at $150,000.
I Is expressly stipulated that the United
States shall have ; the optonal right to acquire
the Iltent rIghts for the Holand type of
boat the price to bo paid for the rights to
be determined by a board of three naval
ofcers , the option to run until thirty days
after the frt session of congress succeeding
acceptance of the vessel. This provision Is
to give congress opportunity to enact lellsla-
ton for the acquisition of the patent I
CONV ESUtl ! lUTJI lt IS DEAD.
United State . nOlrolentntvo at Itola ,
,1"111 , Di.sU lt Ilk I'oat.
WASINGTON , March 26.-The State department -
partment has received a cablegram announcing .
nounclng time death ? of United States Consul
Enoch Smihers at his post In Ilola , Japan ,
today from a paralytic attack. Mr. Smith-
ers was a lath'o of Delaware , and was appointed -
pointed to his last position In JUly , 188 ! ,
1'1tY.Stt'TIii 1 & 1U I'U IE'nIU D.
lut time I'resident Fall to Name 1.1 . SUO
01"01 nl Yel ,
WAShINGTON , March 26.-Tho secretary
of war today Issued an order placing Paymaster -
master General William Smith on the retired
list of the army , by operation of law , with
the endorsement list he retires with a com-
theta record of service well performed
'ne"n ( 'iihI.i 111 lie I'tiitflco Irl'"rtlent.
WAShINGTON , March 26x.nellresent
atve Wilson , who wil succeed I'ostmauter
General 1ssol probably early next week ,
spent moat of this forenoon with Mr. DaueH
at the department I was the lecond time
the two met since Mr. 'mS'llson's ' nominatloim
and they reviewed the work alQted to the ,
Ioslmaster general and discussed postal
maters gt'nermmliy. 'ostmaster Heslng of
Chicago , who has been 1 visitor at tIme de-
nrtment , had an interview wih both the
retiring anti Incoming postmnster generals
Mr. Heslng's mission Is prlnclpal ) ' In OJn-
miectiomi wth time lew Chicago postoiilce
Iccton Chlcll (
building and the temporary structure , anti
ho reviewed the Ilans with Hecretary Car-
lisle today , making 1 lumber ot hnlortunt
suggestions. Prctcaly all of them were
adopted , and he left for Chicago tonight
'tiieri . I. No ObJect 101 to lie ( , ore.
WAShINGTON , March 26.-There Is no
doubt that the State partment will hnme-
dlutely inform the Spanish government that
there lu no objectIon to Senor Dupu de
Lomb as time successor ct Senor 1luruaga.
I II not ul\u1 necessary for u foreign gO\- '
ernment tu Inquire us to , the acceptability of
I Ierson appointed as minister to this country -
try , although there II generally a formal In-
qulr as to whether there Is any objection
to his selection. Probably In the case ot the
new Spanluh mInister the Inquiry will be
more formal and the acceptability oC the
new minister assured owing to the recent
peculiar turn In the diplomalo relations be-
tween Spin and the United fitatea.
, . . ,
SETTLERS TO JA VE A CHANCE
Prpartons Being Made to Open the
Yanktn Roeraton Lands .
THIRTY DAYS' ' OTICE TO BE GIVEN
Uniform Price at 83,71 I'e. Acre to 10
Asked for the Lnd , with R l'ay-
bent of 10 Vents 1'1' Acre at
the Time of l'urehmuio
WASI1INGTO flUItiAU OF THI DEE
WASINOTO : nUIEAU TIE
WAShINGTON , March 2G.
A great deal of interest Is being mani-
fested by the general public In the forth-
coming proclamation of PresIdent Cleveland
opening for settlement the Yankton Indian
reservation In South Dakota This opening
will be the most Important one since that
of the Cherokee strip In Oklahoma territory ,
The Yankton reservation Is situated In time
southwestern part of South Dakota , on the
boundary line between that state and the
state of Nebraska.
The Yankton reservation was created by
tlo first article of the treaty of April 19 ,
1858 , by which the Yankton Sioux ceded to
time United States al the lamb then owned ,
possessed and claimed by item , excepting
400,00 acres described a follows : "At the
mouth of the Chotean river and extending -
Ing up the Missouri river thirty miles ,
thence duo north to a Point ; thence easterly
to another point on the Choteau river : thence
down tie river to the place of beginning , so
a' to Include the said quantity of 400,000
acres. " As actually surve'ed It contains
430,40t acres There bas been allowed and
patented to time Indians some 167.325 acres
under the act of February 8 , 1887. I Is
estimated that the lands allotted under time
act of February 28 , 1891 , will Include abut
95.000 acres leaving a surplus of some
168.000 acres These 168,000 acres of surplus
10 ni are those which are to be opened soon.
The report of the Yanllton commission states
that the price at which the land around the
reservation sold let lie Indians to believe
that they shouhl reeol'o at lest $6 per acre
for their surplus lands Everything seemed
to conspire to fix In the minds of the
Indians that their lands were very valuable
and that $6 per acre was Lhe smallest price
they should think ot. This made It very
dlmcull to convince them that their sur-
plus lands of 168.000 acres , scattered
through the reservation , mixed up with
the Indian lahds which will pay no
taxes until the Indians get their patents
from the government , were worth much less
than similar lands outside of the reservation ,
where the lands are cultivated by white
men , and that the price offered by the commIssion -
mIssion was liberal. Under these conditions
time prlco became a very serious question.
CONTAINS GOOD LAND.
Their reservation contains good lands , at
least the full average of South Dakota hands
If not better , but all things considered , what
the government paid them Is all they are
worth In their present conditon and a liberal
price for time Indians On December 31. 1892 ,
an agreement was negotiated between the
chiefs and held men of the Yankton tribe
and J. C. Adams if Webster , S. D. , John J.
Cole of St Louis Mo" , all I. W. French of
Nebraska , whereby the Indians ceded to the
government these 168,000 acres that they
mIght bo opened for settement Dy an
article of the agreement the United States
stipulated to pay the Indians for these lands
$600.000 , $100.000 of which was to be paid
six months after the ratification of the agreement -
mont by congress , and the remaining $500,000
was to be placed In the treasury as a trust
fund for the benefit of the Indians , upon
which the government agreed to pay Interest
at the rate of 6 per cent. Dy a provision In
time Indian appropriation bill approved August
16 , 18I .his agreement with the Indians was
accepted , . ratified and confirmed by congress
and the necessary sum of $600,000 was ap-
Ilropriated for time purpose of carrying out
time provisions of the act. An additional sum
of $10,000 was set aside to comply wih
article ' VII of the agremnent , which stpu :
late that to ech adult m mber"bf the tribe
past the age of 18' slould bl paid $20 In one
double eagle , struck In the year 182 , as a
memorial of the agreement.
There was also In the IndIan act for the
year 18- a provision that these 168,000
acres of lands ceded to the United States
should , upon proclamation by the president ,
be opened to settlement , and should be
subject to disposal only under the homestead
and townsite laws of the United States , ex-
ceptn the sixteenth and thirty-sixth sec-
then In each township , which should be reserved -
served for common school purposes and
should be subject to the laws of the state
of South Dakota I was provided that each
settler on the lands should , tn addition to the
fees provided by law , pay to the United
Stales , for the land so taken by him , the
sum of $3.7 per acre , of which sum ho
should pay (0 cents per acre at time ( line of
makIng his original entry , and the balance
before making his final proof and receiving
a certificate of final ontry. A provision was
also Included In the act to the erect that
every person who should sell or give away
any intoxicating liquors upon any of the ceded
lands should be punishable by Imprisonment
for ' not more than two year and by a
fine of not more than $300.
WILL nEIMDUISE THE GOVERNMENT.
The sum realized from the sale
of the lands to the setters at
the rata of $3.7 -er acre will reimburse the
government for tlo amount paid the Indians
In accordance with the provisions of the
agreement. One of the most enthusiastic of
the western congressmen over thIs subject
of time Yankton reservation was Congressman
PIckier of South Dakota Major Pickier has
made a thorough investigation of the mater
and I conversant wIth ' all the tact In tie
case. lie prepared a' valuable report for the i
house commiee on Indian affairs on a bill
which was to be offered as a substitute for :
the original measure , but this bill was not
passed as I was d&eme wiser to make pro-
vision for time opening In the Indian appro-
priaton act. , Major Pleller upon several oc-
caslons called at the Interior department
and the Indian office and urged upon the
secretary of the Interior and the commissioner -
sioner of Indian affairs the necessity of
having the proclamation Issued early tn the
spring , so as to enable the settlers to wake
time replantng before the advent of summer.
Much delay has been caused In the prepara-
ton of the regulations attending the procla-
maton , and time omclal Issuance has thus
been also delayed. There are always a num-
bar of plans and plats whIch have to be
drawn , und these ha\'o been the means of
delay , as several trivial errors have been
found by the officials of the lanll ofce In the
surveys which were made. As soon as time
regulations leave the general land office they
will be sent to time secretary of the Interior
for approval. They will be fIrst referred to
the assistant attorney general , who acts as
legal adviser for the Interior department
and upon the decision of that official wi
rest the ollinion of the secretary of the Inte-
rior. The utmost secrecy has been observed
by all the officials connected with the work ,
ss It Is the policy to give out , no advance information -
formation on the subject to the public , the
intention being to , , let no one know of the
exact date upon which the proclamation will
bo issued The object of this strict secrecy
Is to prevent a far as possible the "soonera"
and "boomers" from learning of the opening
and thereby taking advantage of the home-
A prediction can , howe\er , be safely made
as to what will be the nature of the prochl-
maton of the president , as It Is the rule to
adhere to a general form In preparing the
paper. I I expected that It will , after recitIng -
Ing the salient features of the agreement entered -
tored Into by the Indians and time agents of
the government on December 31 , 1892 , and
after Including a number ot "whereases , "
state that thirty days after date the Yankton
reservation In the stat y f South Jalwta la
opened for disposal and , etlement und r the
homestead and townsl laws of the United
States. _ _ _ _ _ _ _
heavy Ihm'uu'.k.d for Infringement ,
WASHINGTON , March 26-William K .
'ub man today brought suit In the supreme
court of time District for $10.0 damages for
alleged Infringement of his car patents
against time Baltimore & Ohio , Baltimore &
Potomac , Pennsylvania , Washington , Ohio
& Western , Chesapeake & Ohio , Washington
& " 'eater and Virginia Midland railroads.
llalond Cutters Lkel , to Ito Iisviimsrged.
WAShINGTON , ! arch 26.-Dr. Benner ,
oommlssloner at immigration lt New York
In 1 telegm to Secrelary Carlisle , states
that the slxty-on diamond emitters hell In
New York are IkIH .to be discharged on 1
rehearing of ( thel cieA and recommends
that an offer of thr2tenmship company to
Rive bonds In cC\'r \ CMe thRt the len will
not become public cuUge ! be accepted
liii " ' 1,1
\IOA'ID 'UV1ANTING ' 1\ \V.
Secretary CmmrhIio' tm I.II\O' the Nw
York leror.o I Inspfced ,
WASHINGTON , tMlrh 26.-W. K. Carlisle -
lisle , when quest lllIjsal1 that I there hall
been any violatiomjc 1 ( lie local quarantine
laws , ho was IIIf41t of It. his father
reached the ship 'lwH sue was lying to at
anchor , and , comlllnnbord , , , , wale < about
hal an hour for Math 'to dress. As son as
ho was ready he i'eft'tie ) ship and CIO sip
time hRrbor In time ictmttor. with the secretary ,
Mr. Iamln andsloms ofcer , before
whom he had made l\ls \ \ customs declaration.
One singular feat te Mbt the mater , William
Carlisle thought , wits the fact t1e New York
weIghed her anc1pr , and Immediately fol'
lowed time cutter to the dock. There cer- !
talnly was not sufficient time between his !
heaving time ship Rnd her weighing anchor
for the quarantine ofcer to make any ox-
nomination , ali It Is his opinion that the ex-
animation , If any wai made , was concluded
before ho left the Ihlp. A promlnont of-
tidal , In speaking of lie mater , said that I
the secretary had violated any law , It had
been done hundrelts of times before , I was
a very common tHing for passengers to b
let by friends and come with them Into time
city without ammy oxamnimiation. At lie most
there commit ! not have been more than a tech
nleal violation of the law ,
FlOUT O\'I 1 TilE IOUOI\ ! gT\TC.
11. flaugimter Fles R l'ottDI In Court
AkIl ! to lie Appotnhlt . \Ihulnt'trltrls.
W ASINGTON , March 26.-Rosette D.
Sprague , daughter of Frederick Douglass ,
fell today a petition asking that pending the
granting of letters of administration on the
estate , letters of collection shall be issued to
time end that there may bo no waste of the
property. This petitmufl recites the failure
thus for to file any \:1 or other papers emi
the lart of the widow or kinfolk of the dead
maim Mrs. Sprague says she has reason to
fear that It Is the intention of those having
the custody of the estate to delay any Proper
proceedings looking to its lawfll administra-
ton , and that by such delay and th& omis-
sion of proper steps In the taldn/ out of let-
( era testamentary or administrative her
rights will be impaired and the estate In a I
great measure dlmllshed } and beome wasted . !
! rs , Sprague says she believes the personal
estate of her father to be at least $ tOOOO In
value. She also asks that leters testamentary
may be granted to her The estate . she re-
cites , has been , since Mr. Douglass' death , In
time custody or control of lichen Douglass ,
time widow , and Lewis Douglass , one of the
"rclrrl ) for ArlY . .n.
WAShINGTON , March 26.-Special ( Tele-
Irm.-aptnln ) Charles D. hall , Ninth In-
t'antry , wi report to Major General Thi6mas
Ituger. Chicago , for duty , pertaining to revision -
vision of drill regulations for Inrantr ) ' .
Captain Charles S. Smith , Ordnnnce dc-
lartment , Is ordered to witness test of cun.
non powder nt Sandy Hooll I10ving ground
Captain Charles A. Booth , Seventh In-
fnntry , Is granted three months extended
leave ; Second Lieutenant Lewis S. Sorley ,
Sixteenth Infantry . one month extended :
Secol1 Lieutenant ) ' rnle M. Caltiwell , Third
cavalry , three months.
Major John G. D. . lCniglit or the Corps ot
Englneel's Wa today ordered to relieve
Colonel G. U. Elltlon the 30lh ( Instant , to
take charge oC the 1Wnshlngtomi : afueluct.
increasing time wlte I'HullpIY of the city of
'ashlngton b ) ' raisIn the helpht of Its dam
nt Great Falls , tr qgtimenlng the conduit
and testing the \\orel conduit In nccord-
mince wih time leplslaton enacted for that
purpose during thLLb.t session ot congress
i'otofflcn ] 'Rlnhlilled nt ( ) hIRhur !
WASHINGTON , Marcii 2G-Speclal ( Tele-
gram.-A postotFe\ \ been established
at Dnhlsburg , Doone count , Neb" , with
Prnlt L Wlergr ' 1 postmaster.
Postmaster wer commissioned today nB
follows : South Dakota-Harry Lovald Bal-
tic. Iowa-William T. Close Genoa ; Wil-
lam V Orth JubleetPeter : J. Baxter , New-
tort ; Louis Damlth , . . clola. ,
'ChtchnRnn \111 ci. J0 to Washington.
WASflU'jqTON.jarcb : , 2 ' 'p:0Mlal ! confirmation -
frmaton . has been received ' hero of the
transfer of Baron-von Saurmua-Jeltsch , time
German ambassador at Washington , to Con-
stantlnoplo. Baron von Saurma will leave
In Mny. Ils successor will bo Baron von
Thlelmann , now German minister at MunIch.
, JIpln Nol , t"M n New qmmorcbl Trent ) ' .
WASHINGTON , March 26.-Japan has recently -
centy concluded 1 commercial treaty with
Peru , sImilar to that just ratified between
the United States und Japan. Time making
of this treaty Is another step In the Japa-
nese plan of changing ' her commercial
policy. _ _ _ _ _ _ _ _
On time Celllnn.t Star nouto.
WASHINGTON , March 2G-Speelal ( Tele-
gram , ) - Unt , \prl 9 the postolco department -
ment will receive bids for carrying mal
from Centennial to Deadwood , S. D" , seven
miles and back , three times I week , from
May H , 189 , to June 30 , 1898.
C''nlot ] 'r lt Ivo n Foreign 8tnp
WASHINGTON , March 26.-Attorney Gen-
eral Olney has decided that the prIntIng oC
fan similes of foreign stamps Is I violation
of the act ot 1891 , which Inhibits the coun-
terfeitng oC foreign obligations or securities.
Now Itilut.r nt " "g."I. ,
WASHINGTON , March 2G-Speclal ( Tele-
gram.-Philhlp Feel was today appointed
postmaster at Sagevle , Dubuque county ,
la. , vice P. Duehlmeyor resigned ,
1\"VOI.nI8 uf Navmit , Vesmih
W WASHINGTON , 'March 26.-The Detroit
has arrived at Chemulpo , Corea , the Charleston -
ton at Cheo Pee , China , and the Monterey
at San Francisco.
SL.U'TERr GITS I.V TllULl , 'U.Hl' !
Left Town on the FIrSt Train and R
Thre"tonlHI Ontbrenk Was Averted.
MEMPHIS , Tenn , March 26.-E-Prlest
Slatery lectured at the Auditorium last
night. The meeting came near ending In a
serious disturbance , and but for the ex-
priest's hurrIed exit from tie city while the
excitement was al its imeight , he might have
encountered rather leVnrA treatment. There
was no sign of disorder until the close of the
lecture , when a man In time center of the
house excitedly shouted : "You'ro a lar !
You're a liar agaInst religion ! " Half the
audience were on their feet In an Instant , but
before the disturber could say anything more
he was grabbed by nn ofcer and ejected .
After order was restored , Slatery concluded
his remarks without further interruption .
Slatery took the first traIn for time south.
An excited crowd gathered al his hotel , think-
Ing ho had gone there , but after learning
that he had left the'ity ' , they quietly dls-
parsed , l' n'
UeN , CUXIU"S fii . \.l.l.IWS.Ul. .
Carl Jrowno 1'Ol "I' . "IHory ' of Ills 'flal8
D n iITriim mmm phi" .
MASSILI.ON , O.:1 : : ! Cb 2G.-The first annl.
versary of the dpmrimre , ef Coxey's army
was clebrated herl/lall / night. Carl Browne
delivered an addre , tbcountng the story of
hll trials and trlu\f11 ' . He sold that only
hits Intervention prevqid his followers from
mobbing and hang/liktho / newspaper corre-
Ipondents In the dmearL j of the Alleghenies.
lie was Importuned to give up the gras
walking cterprluol by , populist leaders , but
rEfused. I' CT '
Itn J.eRr"Vrlen $ I"urth
Into the cold and rain , had no Uostetter's
Stomach Bitters tb' ' bunteract their effect.
Hut the modern trayiU I In Inclement weather
can bathe its hurtful influence with this
genial protector Chills and fever , rheuma-
( lam , neuralgia , colds are forestalled by this
warming medicinal stimulant and safeguard.
Take a winegladul Immediately before and
after oxposre , Use It , too , for dyspepsia ,
biliousness and constipation. 5
City of I'imrs Iroko tier l'rop".ihtmr hllides .
nALTUIom . ! arch 2 'Tho City of
Para wlll broken lwes , has been towel
Into Norfolk. Time accident will cause no
serious delay. Among the passengers on
board the City of Para Is Senor Modeuto
J'arrlos , the envoy extrordinary and mln-
later plenipotentiary ot Nicaragua , who was
bound for home to Leon , Nicaragua . lie Is
carying the ultimatum from Great Britain
fair to his government regarding the latch ut-
- - - -
STANTON IS APPOiNTED > I "
Made Paymastr or the Army with Bank or
APPOINTMENT MADE LAST EVENING
Olulon' for Ito Ilun(1Ito Congmtul-
tons of 118 "I.m " 'rINlls In ( ) l"h"
-Ofliclal Ammnouneemnent tn lie
. Made Ttmlay-Ihis ( 'lireer .
Colonel Thlddeus II , Stanton last c\'enlng
received from Secretary Lament a telegram
announcing his appointment as plymaster
general of the army , with the rank of brigs-
dler g neral. I was stated that the ofcial
announcement by the War department \\oll
b mallo today.
The news of the colonel's promotion , which
hc frankly acknowledged afforded much
pleasure to himself , soon became known to
several of his intimate associates tn ch'1 and
military cIrcles , and during the o\'enlng he
anti Mrs. Stanton were the recipients of many
congratulations as sincere as those from
warm friends could be The felciatons
were Interrupted for 'a few moments , while
the colonel talked
to a reporter for The Dee
about time appointment.
"The only painful feature of Il Is that my
new , ditties will take mo away from Omaha ,
which : has been In sunny respects ant of the
most pleasant stations to which I was ever
. . statons , . - , - ' evr
asslgnel , nnn mysel ana airs. : talon Wi
part with great regret from the many warm
friemmds whoso has beemm dear to
frlellis society Ieen so us
during our five ) 'ear' resldenco , here We
will go Washlnglon In about thirty days "
General . Drooko last evemng said that the
vacancy al this point caused by the promo-
ton of Colonel Stanton would be filled Iy sn
appointment from elsewhere , since there Is
no ono In the Department of the Platte In
line for the place. ' The Ienernl expressed
much satisfaction wlh the alJIJolntment
DENEItAL . STANTON'S CAREER.
General Thadlleus H. Stanton was horn In
Indiana on January 30 , 183 , and with his
parents he resided on a farm unt 1853 ,
when the fnmly removed to Centervle ,
la. , anti settled on a farm. Young Stanton
labored with his father for three years and
then went to Mt. Pleasant , where he attended
the 1owo academy , working In a printing
office to ear sumelent money to pay his
expenses In school. During all of this ( line ,
by working days and studying mighmts he
managcrl to keep tip with his classes. About
the lmo when was ready to graduate
the ICansas troubles over time slavery question
broke out , and , running away from school ,
Stanton went to Kansas , where he joined
with John Drown , contnuing with him and
General Lana during 1857 and 1858. During
these years ho was onlaged In nearly all
of the ( armed conflicts between the free state
and the pro-slavery parlcs ,
In the fail of 1860 young Stanton returned
to Iowa and engaFed In the printing business
contnuing until December of that year , when
he went to 'ashlngton as time prIvate secre-
tary of General S. n. Curtis. The next
spring time attraction nt time front wits so
strong that he enlisted as a private In the
First battalion of Columbia volunteers and
was honorably discharged July 15 , 1861. He
returned to Iowa and was elected to the
general assembly of the states Served until
April , 1862 , and also at the extra session of
Soptemmiber . Raised " "
same year. Ialsed company "C ,
Nineteenth Infantry , and was mustered In as
captain of tt August 18. 1862. Wenl to the
army of the frontier and participated In its
campaigns until November and was then de-
tailed for duty on the star of General
Samuel n. Curls , commanding department.
Was sent to Des Arc , Ark. , to exchange the
Twenty-first Texas cavalry. Was appointed
additional paymaster October 3 , 1862 , and accepted -
cepted December 18. 1862. Was sent to
lemphls and Vicksburg In February , 1863 ,
and was present durIng the operations which
rowled In the surrender of the later city.
Followed the army of the Tennessee on its :
maroh to Chattanooga as tar as Tuscumbla ,
paying the troops Returned to VIcksburg to
pay the Sixteenth corps Was ordered to
New Orleans In November 186t , when Gen-
eral Canby asked for his assignment as chief
paymaster. Was ordered to 'ashlngton , D.
C. . In January 1866 , and to the army ot
the Potomac. Upon the tail of nlchlond
was elected by the secretary of war to take
post In that city , and remained until 1810 ,
most of the time as chief paymaster of the
departmmmemmt being assigned to duty with
brevet rank of lieutenant colonel. In addi-
ton to other duties , was put In charge of
disbursement of reconstruction funds for time
First military district. Was also appointed .
by the department commander to be auditor
of public accounts for the state of Virginia
and had charge of collecting oi the taxes
and payment of the expenses of the rtate
under reconstruction acts. ,
HELPED SETTLE WITH KANSAS.
In 187 ho was u member of the board
to adjust tIme war claims of time state of
Kansas against the United Staes ; In November -
vembor of the smo year he was ordered to
San Francisco and thence to Arizona , goIng
to all military posts In the territory : In
November , 1872 , he was ordered to the Department -
partment of the Plate , anti took staten lt
, " ' , with the
Cheyenne Wyo. : was column under
General John E. Smith In 1874 , to place the
Sioux Indians on time reservations at the
then Red Cloud and Spotted Tail agencies
and time estnhlshlng of Fort Robinson and
Camp Sheridan : went with General Crook
on the Black His expedition In 1815 : made
a reconnaissance of the Dad Lands of south-
era Dakota In September and October of
time Bamo year ; In February , 1876 , was chief
of scouts for General Crook In his move-
ments against time northern ! osUes , and
took part In time engagement with
Crazy Horse on Powder river , Mont. ,
larch 17 : In May was sent by
General Sheridan to report to General Carr ,
and subsequently to General lerrlt for Dehl
duty and took part In the movements to
prevent the Chlyennes from Joining Sitting
Bull : joined General Crook on Goose Creek ,
abut , In August , aud took command of scout-
Ing columns against Sitting Bull ; participated
In battle of Slim Buttes , September 10 and
aeveral minor engagements : went with column
under General Crook In November and December -
cember against time Cheyenne Gimlet Dull-
Knlfo'a hand ; In February , 1877 , went to
Crow Agency , Mont. , to pay scouts ( Crow Indians -
dians ) enJaged In time Sioux campaign ; In
May , 1877 , was ordered to Salt Lake City
for staten ; was with the troops under General
John II. Smith to Prevent the thireatencti
outbreak of the Dannoclli near Fort Hall ,
Idaimo In 1878 : In November , 187 , went to
pay the ctlumn operating against the ues ,
after the Thornburg mDsacre : In December ,
1879 , was ordered to Omaha as chile paymaster
Department of the Platte ; In August , 188- ,
was detailed as member of board In Washing. -
ton D. C. , to adjust additional war claims
of the state of Kansas against the Unied
States ; In 188 was again ordered to Salt
I.alle City to take staten : In 1886 was de.
tailed by General Crook for special duty in
the field in coimnection with the movement to
tirevent an outbreak of time Uncompaiigre
and White River Utes , and to emitabhisim Fort
flu Cimesnu ; in September , 1888 , was ordered
to duty at headquarters division of time Mis-
mmouri , Chicago , iii. ; was ordered to Omaha ,
Nob. , in May , 1890 , as chief PaYmaster , ie.
partmnermt of time Platte ; paid the troops in
time field operating against tIme hmostihe Sioux
iii time Wounded Knee camnimaigmm , 1890 and
189i. _ _ _ _ - _ _ _
Prof. Mciirldmm cii i'lowcriig , I'imt ,
At time Woman's climb rooms last evening
I'rof , 'rhomas 11. McBride of time University
of Iowa delivered his fourthm amid eon-
eluding lecture in ( ho newly iimstltuteml ummi-
versity extension series of lectures.
After casually reviewing time topicS already
treated of lie called attemmtton to "Time Flow-
erinmg World. "
, , % , o have traced time life of time ferns and
lower iihimntmm amid now come to time flower.
iimg plant , Different aim time two may seem
there is mmothming abrupt in time transitIomm , "
Bald lie. "We must modify our ideas of
what constitutes a flower , however. In
timeir essential harts the higher aimd lower
plant forms are alike , "
Prof. McBride then proceeded by draw.
ingmi and dissectiona of tiowers to Iiiustrute
time unity of plan. lie showed that time so-
called calla lily is but a. leaf perfornmilmmg a
epeclal ( unction as a coverlmmg fur the real
liower , Comparisons of the methods of ( er.
tiiization illustrated time same fact of essential -
tial unity , I'roceeding by this method time
speaker brought out many instructive points
touching cmi plant life , Time lecturer was
greeted by a well filled house.
. _ 4.
10 Feet ( Best ) Crepe Paper . 19c
AU s1iade afld tints ,
FrahhleM . a
S 'l'r'ibunc Picture Franics , i\'Iat , Glass , , . . . . . a a , q , . a 24c
New Lot Pastel Colored Pictures and Fiaincs , corn-
I lctc. . . . . . . . . . a . . . . . . a a . , . I I . , I 5 * S 39c
Genuine Artist Proof Etchings and Frames , corn-
1 ) lCt.C. . . . . . . . . , . . . . . . . . , , , , , , , , , S5 $1.19
Real Hand.PaiiltcdVater Color Pictures , in
Frane. , . . . , . S F I I . , , , . . . . . . . . , . .
EASTER CARDS 5c , lOc to 50c.
Pictures framed 30 IC cent cheaper than Chicago
prices. Leave orders at
Factoh'3' , IT ! 0 S 1 E' J T' Store ,
1614 Izard , . ' , is 1513 Douglas
II tiv ri 1'iiJI CU. ! C.'IC REOIMIi.VTS.
Colomiot I'oters Asked Cohommet Ahmplotoim to
Seiitt time Ses'oiith to ltommiIIlmI % ,
NE\V YOitlC , March 26.-Colommel I. F.
Peters of time Soconmd regimimemmt , Natiommal
guard of the m.tate of Temimmeasee , is stopping
at time Grand hotel. ITo cammme mmortim in time
lmmtcrest of time interstate drill amid emmcammmp-
went that Is to be held at Mcmmiphmls fromim
May 11. to May 21. Time drill prommmlses to be
one of time finest ever held iii time cotmmmtry.
Crack conmpanmies frommi Wasimlngtomm , New Or.
leans , Mobile , Montgommicry , flirmmiimigimammm , thaI-
timmiore , Cleveland , Cinciimmmatl , Chicago amid
St Louis will compete.
Colonel Peters saw Colonel Appleton of tlmo
Seventh regimnemmt yesterday antI invited him
to ho present with his regimimemit. Colomioh
Aimiiletomm said lie did mmot tlmink tIme Seventim
could get away iii May , but lie would con-
aider thmo advisability of mmemmdiimg tIme bicycle
sigmmmmh corps to Mcmmmphmis. Colommel Peters says
lie will see sommie of time officers of time Ccii-
mmectlcimt national guard this week.
MEMPhiS , March 26.-TIme Galveston cup ,
now held by time Washington Fcmmclbies , will
bo competed for at time interstate drill amid
emmcammmhmmmmont to be held iii Memphis in May.
The cup is in time custody of time atljmmtamit
general of Texas , who Is time sole jmmdge of time
condttioIis governing a conmpetitiomm for it ,
aiitl yesterday thus telegram was received :
"Austlim , Tex. . March 25.-It. H. Allen ,
interstate Drill , Meniphmis , Teimn. : Clmickamiaw
Guards having conmihhiel with rules govermming
Galveston cUh ) and Washington Femmcibles
favorimmy Mommiphits immterstato drill for time
comnpotitiomi , address letter by mail ,
" \V. H , ImIABRY , Adjutant General. "
Reports frommi agents of time drill cmmterprIse
iii time north and cast report time acceptamice
of sixty military companies of lmmvitatlons to
attend the drill , and indications are tlmat
witlmimm the next few. weeks the nunmbor will
be increased to 100.
IJf1uI ) To CONTEST TilE JriLr. .
Trust Iummtt Leit forTwo Rays on Contit-
tlomm timat Neither Simoimhil Question it.
OAKLAND , Cal. , March 26.-When Dr.
Sanmuel Merritt died imo heft a $2,000,000
estate to his sister , Mrs. Garcelon. When
Mrs. Gardehon tiled alma heft a will providing
for a trust fund of $500,000 , time incomne of
whmiclm was to be paid to Dr. Merritt's nepim-
en's. James and Fred Merritt. Onto of time
consitlerations of ( no trust Ia that almould
either of the two brothers ever conmtest hier
will , testing time wisdom of any of Its provisions -
visions , or doubt its genuiimeness , both shall
lose every right amid tltioto time trust , time
immnocent brother suffering alike uvitim the
guilty one. ' Time trust property thou reverts
to the residuary legatec of Mrs. Garcelon.
Nevertimelesa Janes did contest time will mmd
was beaten in the superior court. lie appealed -
pealed and time supreme court uphold time
lower court. Now time attorney of ( lie estate
announces that lie will notify Captain J. H.
Knowles , time custodian of ( him trust , to cease
paying time allowances to both time Merritt
brothers. Captain Knowles Is in doubt what
to do and the nmatter will be tested in court.
hI'OMAN 'ONDLM'vEI ) TO JR1 Ti ! .
Seimtommca Paaaotl on 5lagglo 'rifler for fiitot-
11mg Uhiirlcq , Sillier.
CHICAGO , March 2G.-Maggie Tiiier was
today condemned to ho hanged for the mur.
tier of Charles Miller. Time condemned
wonmaim is colored and if time sentence Is car-
ned out hers uvhhl be time fIrst execution of a
wonmaum ( limit ever occurred iii Chicago.
She became Infatuated with a coloremi
ivomrman named Freda llummthmmgtomm and was
violent in her jealousy of ettemitiomis paid to
Miss Huntlmmgton. Cmi Decemimber 14 time Til.
her girl found time liunmtlngtomm wonmsn iii
company with Charles Miller , colored , The
enraged girl drew a revolver and Miller
rushed to a third story window to escape ,
Ac he leaped to the sill Miss Tiller tired two
shots , striking hmlni iii time head. his foot
caught in a drapery and time mnan imumig heat !
downward train time window , dying in view
of a large crowd which limit ! gathered about
the house. Time defense was insanity ,
Ilphmtimorlmm Itisghmig at Jfurt Wimync ,
FORT WAYNE , March 26.-Dipimtimerla is
raging at tIme Immdiamma Feeble Minded Immati-
tuto near this city. Simice time disease mnado
its appearance there have been timirty-imimme
cases amid at time im'esent ) ( hue twommty-tiiree
chilltlrcn are in iuarammtinmo iiosultai , It is
feared the entire 500 innmiates have been exposed -
posed to time contagion. Ammti-toxinme has been
sent for and timrougim its agemmcy the disease
is expected to be conquered ,
Better than bccf-chcapei' ,
A ' too I Three times as nour-
V ! ishing-one-third as cx-
It pensive. Pure and sweet.
t Soul oniy in lb. Packages.
. S- SS5. .
ill , '
1/ iiiftL'i.v'\ , \
Death to Preckles ,
Mrne. IVI. Yale was recently
asled the question "which of
her discoveries she considered
the most wonderful , " Her reply -
ply was asfollows : La Freckla ,
because it unmasked my OWil
face from a filthy mass of
freckles and gave me the
beautiful rose leaf complexion
which you see and vhch has
been admired by the people of
every nation. Before I discovered -
covered La Freckla I was a
freckled face individual disgusted -
gusted vith my wn appear-
ance. Today I am the envy
of every woman who looks a
my skin. S
La Frclda will remove any
case of freckles in existence
and leave the skin as transparent -
parent as crystal. One or two
applications removes tan and
sunburn , It takes from three
to nine days to destroy every
trace of freckles. It is the only
remedy known to the world
that do tills. Now is the time
to use La Frecida , as it
strengthens tile skin , removes
and prevents freckles and sun-
burn. $1 per bottle , Sold by
all druggists or
MMFI. M. YALE , Temple of Beauty , 143
tltate-st , , Chicago.
Our Inexpensive sideboards ( lila year are
very jiopular. We have never had such
beautiful patterns hi time rammkmm of time cheap
beam ds. S
here , for examaple , is a distinctively igii !
grade design ; it bus time carved top , liming.
ing shmeivoa , limited piliarim with carved cap-
itala , ovcrhauigilmg front , carved base emit ! miii
time vroof mnarks of a most expensive zimodoi ,
Yet we are able to offer it as omme of our
lowest iriceil boards.
Vow hmersona arc awake to time significance
of time iresemmt low prices on fine furmmituro.
'FIIEY CANNOT Ihl DU1'IlCATED NEXT
SEASON They are only possible this year
because of ( lie large stock which accunmu-
lated during last year's depression , when
time best vorhtnmmen were kept at work ,
although there was mme mmiarket ( or time hiro.
duct.Why not choose this spring as a good
limo to change your oid-famfluionctl sideboard ?
Chas. Shivorick & Co. ,
Fui'niture , Cnrtaiiis
Aiid Upholstery . .
1206.1208 . ' DOUGLAS ST
- - S ' ' _ , ' 5
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