_ . . . . . . . , . , . . _ . . - ; , - : - . . - ; ; - - ; ; - - ; ; - - - - - . . . , . . . _ _ _ _ ; , , . , . , - - - - . " " " . . " ' " 4..N-- - - ' ' - ' - ' , " " - -T --1" ' S t' ' - - " ' ' r' " ' "r " ' ' < - - - ' ' . . - ' , . I / _ " ) .jF - " + .l . ' ' . , rll. . . ' " - - ' " " S THE ' : owrA DAIlY , 13E1It WEDNESDAY , MATtOII 27 , 189Zi. , DAt 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 nec 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 interrupting trauiic "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 requires . 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- le- eilive answer than Is furnished by this tie. , bate and by the contentions of time respective Varties. . ? 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 attention , 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 monopolies. monopoles. 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 anl 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- proeeerel tar A decision will probably be rendered before time adjournment him May. " & mZUrAN : CLAUIM sElTLEt ) . ' - Al of Thom Allowed with the Exception or One. 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 o 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 desired. 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 nomlnnton 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 reseraton 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- selling settlers. 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 el \ 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 < mlY 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 sons. "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 Pals 'gthenlng 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- tc. lam V Orth JubleetPeter : J. Baxter , New- tort ; Louis Damlth , . . clola. , 'ChtchnRnn \111 ci. J0 to Washington. WASflU'jqTON.jarcb : , 2 ' 'p:0Mlal ! confirmation - ASI1.i0 ' 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. S I 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 ' . (1' : 5- Itn J.eRr"Vrlen $ I"urth Into the cold and rain , had no Uostetter's Stomach Bitters tb' ' bunteract their effect. ' elect. 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 Drlgldler , 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 tay 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 Sai 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. _ _ _ _ - _ _ _ S 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 , Ijuttip Sitndo FrahhleM . a 23c Frcftctt Tinsito . . Palior I Ic 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. -0 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 , at 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 , V OATS 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. . - - S ill , ' 1/ iiiftL'i.v'\ , \ Ta1es LaFreekla. 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. hiexpetisive. JTI1t.L [ 'S 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. 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