THE OMAHA DAILY BEE ESTABLISHED JUNE 10 , 1871. OMAHA , SATURDAY , JUNE 8 , 1895. SINGLE COPT JTIV.E CENTS. Cabinet Appointments Announced at a Late Hour Yesterday i JUDGE HARMON TAKES THE LAW PORTFOLIO Cabinet Held a I.one Consultation Previous to the Announcement New Attorney Ciciior.il it Torinor I.u\v 1'urt- nur of Governor Hontlley. WASHINGTON , June 7. The president , late this afternoon , announced the following cabinet appointments : For secretary of state , lllchard J. Olney of Massachusetts ; for at torney general , Judson Harmon of Cincin nati , 0. The announcement of the transfer of At torney General Olney lo the head of the State department created no surprise here , as It has been well understood for several days that Mr. Olney , would succeed to the first place In the cabinet , made vacant by the death of Mr. Gresham. It Is probable that tomorrow Mr. Olney will take the oath aa the head of the State department. The presIdent Ident at ono time contemplated other changes In his cabinet , and a rearrangement of sev eral portfolios , and In this connection cre dence was given to the transfer of Secretary Smith to the Department of Just'ce , but this nml other transfers were finally abandoned and the president concluded the simplest plan would bo merely to (111 ( the vacancy caused by Mr. Olney's promotion. The appointment of Judge Harmon of Cin cinnati as attorney general came In the na ture of a surprise. Ills name had not even been mentioned as among the probabilities. There Is the best authority for the statement that the president had several men under consideration , and that the portfolio of jus tice might have been had by Mr. James C. Carter ot New York , who was counsel of the government In the Bering sea tribunal and the Income tax cases , and by Mr. Frederic II. Coudcrt , had they been disposed to accept It. Secretary Carlisle knew Judge Harmon personally , and both admired and respected his ability. It was he , probably , who first presented his name to President Cleveland. Ex-Governor Campbell of Ohio , a close friend of Judga Harmon , also warmly supported him , and the president also secured from ex-Governor Hoadley of Ohio , who is now living In Now York , and whoso law partner Harmon was , most favorable reports of his ability and standing. After canvassing the situation thoroughly , the president offered the portfolio to Judge Harmon by wlro this afternoon , and Immediately upon receiving n favorably reply , announced the appointment. Mr. Harmon has been for a long lima judge of the common pleas court and Is a man about BO years of ago , one of the most con spicuous lawyers In the west , and upon the n tircment of ex-Governor Hoadley from his Cincinnati firm , upon his removal to New York , Mr. Harmon took his place at the had of the firm of Harmon , Colston , Gold smith & Hoadley , the last named being a son of ex-Governor Hoadley of Ohio. EARNED HIS ADVANCEMENT. Richard Olney , who has been advanced to the first place In President Cleveland's cabi net , has won the distinction by the able Borvlce he has rendered the president on all the more Important questions that , havs engaged public attention since the pres ent administration began. During the great strike at Chicago Mr. Olney's services were particularly notable. Ho developed each step that the government authorities took and President Cleveland was so fully convinced of the wlfldom of the proposed policy that he pave It thorough support and execution. In this question Mr. Olney was Impelled by a desire to suppress disorder. Ho hid shown In another case his sincere reaped for the righto of labor. This was In a case of the availing railroad , which sought to compel one of Its employes to either sever his connection with a railway "beneficial organization or the company's service. Although the government had no direct Inter est In the case. Mr. Olney secured the per mission of the court to present a brief on be half of the employe , In which h3 held that the proposed action of the company was against Justice and right. The brief was marked by a vigorous defense of the rights of labor tn organize In a way It saw fit for ad vancing'Its Interests , so long as the moans v/ero peaceful and within the law. The new secretary of state comes from sturdy Puritan stock. His ancestor , Thomas Olney , came from England and setllad at Salem , Mads. , In 1735. The father of Rich ] ard Olney owned and managed the cotton > mills at Oxford , and also engaged In banking. Ills mother was a Slgourney , descend d from French Hugiienots who fled from Franco to this country. The new secretary of state was graduated from Brown university In 1856 , and from the Harvard law school In 18. > 8. Ho married Agnes , daughter of Judge Uenjamln F. Thomas , with whom he studied law. They have lived of.lato years at Boston , with summer homes near Buzzard's Bay and Gray Gables , the summer residence of Ihe president. Mr. Olney Is a man of medium height and robust form , and In general appearance he conveys tha Impression of Intense vitality mid physical endurance beyond that of any man who has occupied the position of secre- of state In recent years. Mr. Olney has eerved one term In the state legislature of Massachusetts. In politics ho is an old-tlnn- democrat , but was unable to support Butler for governor , He did not take prominent part In the last presidential campaign , but rendered effective service to Mr. Cleveland In an unobtrusive manner. As a lawyer Mr. Olney has been a counselor rather than an advocate. CONGRATULATED HARMON. CINCINNATI , Juno 7. When the appoint ment of Judge Judson Harmon became known here this afternoon attorneyi from their offices and the courts rushed lo the offices of Har mon , Colston , Goldsmith & Hoadloy to con gratulate the new attorney general and ask for a date for n farewell dinner from the bar. Judge Harmon said he received a let ter from President Cleveland and replied to It by wire , but ho hud no knowledge of hla appointment till advised by the Asso ciated press. Ho went to Columbus tonight on professional business and does not know when ho will go to Washington. Judge Har mon Is not only recognized as ono of the foremost lawyers and jurUts of this state , i but also as ono of the most popular citi zens. zens.Ho was born near this city forty-nlno years ago , has always lived hero and Is known by all. His father , Rev. B. F. Harmon , wan a Baptist minister , well known throughout the Ohio valley. Judge Harmon graduated at Dtmnlson university , n Baptist Institu tion at Granvllle , O.In 1800 , and began the practice of law In Cincinnati In 1SG9. Ho was it republican until 1S72 , whcn he Grec- Icylzcd. As n democrat ho was elected corn- won pleas judge on the Tllden ticket In 1876. He was elected supnrlor Judge In 1878 , re-elected In 18S.1 , and when ex-Governor Gcorgo Hoadlty went to New York In 1SS7 Judge Harmon resigned from the bench to become the head nt the firm of Harmon , Colston , Goldsmith & Hcadley , which repre sents several rallrrmJa and other largo cor porations , and with which firm ho will con- tltuio his connection. When Judge Harmon resigned In 18S7 , Governor Forakcr op- pointed Judge William Tuft , now United ( States circuit judge , and formerly solicitor general , to the vacancy. Mm. Harmon U an accomplished lady , the .daughter ° t tne 1 * ' " Dri Scobey ot Hamil ton , They have thrco daughters , Mrs. Ed- man Wrleht , jr. , of Philadelphia ; Miss KHz. abeth , a recognized society leader , and Mar- jorln , tbe youngest ot the family , who ls 14 y i\r old , COLUMBUS , 0. , June 7. Judge Hannon , the- new attorney general , arrived In the city tonight , lu company with ex-Governor Fortker and Judge Warrlngton ot Clncln. null , for the purpoie ot icrutlnc , If poutble. from the auditor ot itate , a modification of the Rawllns law , taxing beer f3.f 0 a barrel , tn crder to permit Cincinnati brewers to com pete outflde the itate. Judge- Harmon ( aid the flnt Intimation of his appointment wai t ' ly < KMf m tb AMOCUted prtu. "K any one had told mo yesterday , " he said , "that I was to bo appointed to a cabinet position I would have thought he wai talking 'through his hat. ' The last time I saw President Cleveland was In Columbus at the time of the Thurman banquet six years ago. This morning I received a letter from Mr. Cleve land asking me If I would accept the posi tion of attorney general. As 1 did not want to reply without consulting my law partner , Judge Colston , who Is In New York , I lm mediately telegraphed , and , securing his con sent , at 2 o'clock telegraphed President Cleveland that I would accept. I have not received an official notice ot my appoint ment. " When Judge Warrlngton , who was present whcn the Associated press reporter called on Judge Harmon at the Hotel Chlttendcn , re marked that Judge Harmon would leave one of the most lucrative law practices In the state , the latter remarked that the position of attorney general was one that would tempt any ono who loved his practice. Jurge Har mon will probably leave for Washington nexx Monday. I'LANS I'OK NEW -lOltPHDO HOA1S Will Ho the FlcctcU of Any Cm ft Now In thn Navy , WASHINGTON , June 7. Circulars will bo Issued by the Navy department In the courss of a few days Inviting bids for the construc tion of three torpedo boats authorized by the last congress. The plans for the boats have been completed. Tlisy provide for the con struction of the fleetest craft that will be home on the naval list. The minimum speed list not be less than twenty-six knots per our , although It Is expected from tlio amount f steam power to be supplied that this limit 111 bD surpassed by perhaps two knots he new boats will be of ISO tons burden , 170 cet long and seventeen feet broad. This 1 en feet longer and one foot broader than the oats last constructed , for which the Colum- Ian Iron works of Baltimore had the con- ract. They will have triple expansion en. Ines and thrac boilers , giving 3,200 horse ower. For their construction congress has pproprlatcd ? 175,000 each , but as $25,000 : uust be retained in the case of each boa or 111 equipment with torpedo tubes and rdnanc ! the limit of the available appro rlatlon Is only $150.000 each. This Is a iinall amount , In view of the size and speei' f the boats , but owing to the low preacn rice of material It is believed It will suffice. No premiums will be allowed for speed In xcess of twenty-six knots , but there wll' a penalties Imposed for deficiency In thl espsct and this may have the effect to In Tease th ? amount of the bids. Eastern ship lUlldcrs are barred In this competition , fo iy the terms of the act of congress one o he boats must be built on the Gulf of Mex co , one on the Mississippi and one on th 'aclllc coast , provided bids can be securei rom these sections at reasonable rates Otherwise the Navy department may allo .ha boats to builders In other sections , o iven build them at the navy yards. Then , ro already established firms of Iron ship milders on the Mississippi river and th 'aclfic coast , but the Navy department Is Ii ome doubt as to the resources of the gul lountry In this respect. So far only one In juiry lias been received from that direction nd that particular firm Is located In Ncv Orleans. A point may be raised as to whethe t can be regarded as a gulf firm or a Mis IsslppI concern. Awnril nf Contract * Approved. WASHINGTON , Juno 7. ( Special Tele ram. ) The secretary of the Interior toda approved the following award of contract : made by the surveyor general of South Da kota : To United States Deputy Surveyo lartgerlng of Rapid City , contract for sur vey of a tract of land bounded by the thlr guide meridian on the cast , by the Pine Uldgi Indian reservation on the south , and by th th fork of the Cheyenne river on th west , and" for a survey ot the subdivision and meander lines of fractional townshl I , south , range 13 , E , Black Hills meridian to Robert Harvey and Alfred W. Gumare o St. Paul , Neb. , contract for survey of frac tlonal townships 35 , N , ranges 13 to 20 In clusive , west C , N , Nebraska , and to Frank S. Peck for survey of townships 17 , N , range , 7 , E , and 1C , 17 and 18 N , range 8 , B , Black Illlls , meridian , S. D. rnrilonoil Ono nml Denied the Other. WASHINGTON , Juno 7. The president today granted a pardon In the case of Mer edith Crow , convicted of murder In the In dian territory and first sentenced to death , but In 18SC commuted to llfo Imprisonment , and In 1892 to ten years' Imprisonment. The prisoner has about ten months to serve , and the president says his good conduct entitles him to citizenship. The president denied the application for pardon of Gcorgo M. MacDonald , president of the Guarantee Investment company , con victed In Illinois of mailing matter concernIng - Ing a lottery , and sentenced December 1 , 1893 , to eleven months and a fine of $1,000. Kcuilr to Itnfmiil the Incniuo Tux , WASHINGTON , June 7. Blanks are prepared - pared nt the Treasury department for the use of persons who have claims against the government for the refund of the Income tax. The refund will bo made under sec tion 2,220 of the revised statutes , which authorizes the commissioner of Internal rev enue on appeal , to refund all taxes errone ously collected , Few claims have as yet been filed , probably because the claimants have been waiting for official Information on the subject. Every dollar of the Income tax already collected will bo repaid to the persons from whom the collections were made. Wliltnov Out for I ho rrcHldency. WASHINGTON , June 7. Senator Smith of Now Jersey , who Is In the city , thinks that ex-Secretary Whitney Is a candidate for the presidency. "Ho Is certainly after the nomination , " said ho , "If all the talk I have heard In New York amounts to any thing. Of course , I am not committed to any candidate , but It goes without saying that Mr. Whitney would make a most ad- mlrablo president. He Is conservative , he Is able , and he would unite the democratic j party. I think he would poll the entire democratic strength. " Nebrxulcii l'o lotllfcs INIali Udell. WASHINGTON. Juno 7. ( Special Tele gram. ) Postofilces have been established as follows : Nebraska Bushnell , Klmball county , George. C. Phillips , postmaster ; Ware , Butler county , John L. Tremble , postmaster. Iowa Venture , Ccrro Gordo county , William T. Fish , postmaster. Postmasters were commissioned today as . follows : Nebraska Grover C. Maben , Delolt. Iowa John C. Evans , Avcry ; Richard A. Phillips , Summit. The postofllce at Bronson , Cheyenne county , Neb. , was abolished. Mall will go to Sidney. China rresrnln Her Th.ink * . WASHINGTON , June 7. The Chinese min ister , In company with Acting Secretary of State Uhl , accompanied by his secretary of legation and Interpreter , waited tn person on the president this afternoon and presented to him a letter from the emperor of China , thanking him In graceful terms for the kindly offices exercised by the United States In behalf of the restoration ot peace between China and Japan. The Imperial communica tion wai In the Chinese language , handsomely encased In yellow silk. UetlramoQt * ami Promotion * In the Navy. WASHINGTON , June 7. The president has approved the recommendation of a naval board and ordered the retirement ot Medical Director dbrgas and Lieutenant Commander Oarmody. The following officers have been promoted : Lieutenant Commander Maney , Lieutenant Blocklncer , Passed Aislstant En gineer Ransom , Anlataut Paymaster Rey- flelds , Surgeons Brennan and Ayres and Pined Attlatant Paymatter Kerr. Omahtt Mun ( > eti u Conlrnet. WASHINGTON , June 7. ( Special Tele- 'gram. ) 0. J. King of Omaha was the lowest bidder for the erection and completion ot the public building tt Rock IiUnd , III. The amount of hli bid wai 137,077. The award i ot the contract will probably be tnade to bjm In a ihort tlmo. SPAIN WATCHING THE COAST Gunboat Cruising Off Florida on the Look out for Filibusters , COMING PRETTY CLOSE IN SHORE Cuban Organizers Auk the Florliln Clear- m.ikuri to Contribute Ono Hundred < ! un § , Which They Cheerfully Consent to Do. FERNANDINA , Fla. , Juno 7. Captain La- sere of the pilot boat Francis Elizabeth has just arrived and reports seeing yesterday a Spanish gunboat cruising about six miles off the shore. The gunboat was steaming rapIdly - Idly from the south. It passed Cumberland bar , northward , and returned about five hours later , moving much slower and closer to the shore. The captain of the pilot boat con eluded that she wanted a pilot and made towards her , but when the gunboat observed this she changed her course. Considerable excitement was caused here by the pilot's story , as It was not believed that Spain con sldered the Florida and South Georgia , coast of sufficient Importance In respect to filibus tering to be patrolled by a gunboat. Captain Johnson of the schooner Grcenleaf , from New York , arrived here today and sub stantiated the story told by Captain La sere. Captain Johnson says that when he crossed the bar at S o'clock this morning the gun boat was cruising slowly four miles off the bar , apparently on the lookout. The gunboat answers the description of the Palos. The secret Cuban council finished Its busi ness today and departed. None of the party would affirm or deny that they were awaiting Jose Marti. JACKSONVILLE , Fla. , June 7. Gonzalo Qucsada of the Cuban party returned here to day from Fernandlna. Whcn questioned about the report that he was planning for a filibus tering expedition from somewhere on the Florida coast , he laughed and replied that he thought It would be better not to say too much for publication. A Cuban , who Is closely engaged with him In the work , said that the expedition would not start for sev' cral weeks. Quesada addressed the Cuban cigar makers at the El Merlto factory today Among other things he said he wanted 1,000 rifles within the next month. He asked the cigar makers at the factory to furnish IOC of them , which they agreed to do. Carlos Cespadoes also spoke. Colonel Colazzo and his son have returned to Tampa and Quesada and Cespadocs followed tonight. SPAIN NOT ALAllMKU. Her CnilKormlj ; Able to Ward Off rilihtist.'i-iiiir 1'iirtlcs. WASHINGTON , June 7. The report from Florida as to the dispatching of three torpedi boats with a Cuban revolutionary party i thought by Spanish officials here to be a rus > to divert attention from movements at othe ; points. It Is stated that the torpedo boat could make but a feeble showing agalns the large fleet of Spanish cruisers and .gun boats now patrollng Cuban waters. It Is said that General Rafel Quasldl Is th moving spirit of the present operations , atii he Is now at Abete Springs. Florida dls patches mention a Gonzalo dc Quesada , a : ono of a revolutionary band meeting a Ocean Beach , Fla. This gentleman Is former secretary to General Marti. The lat ter's death Is now conceded by revolutionary leaders , according to advices received here Department officials do not attach any slg nlficancc to the statement of the Londo Standard that Spain would make a clair against the United States based on th precedent of the Alabama claims for per milling arms and ships to leave the Unite States In 'aid of the Cuban cause. It Is sal that no definite Information of this aid ha yet been given , and that whenever It 1 given , the United States will use every aval" able means to suppress the tralllc. In this connection official attention ha been directed to the open carrying of the fia of the Cuban revolution by armed band In the streets of Tampa , Fla. INsUKOIiNTS ACJA1N DUL'UATISU. Ilegulnr Troops Continue to Worst Sum Handn of Cntmn Ili'hclN. HAVANA , June 7. A small detachmen of Spanish troops. It Is announced In dispatch from Manzanillo , was surprised b ; a band of Insurgents live times stronge than the soldiers and commanded by Amn dor Guerra. The soldiers were guarding plantation near Manzanillo. Fierce llgh Ing followed and the troops lost one se gennt and three soldiers killed and hn seven wounded. On the other hand , th insurgents were compelled to retire , lenvln. four dead and nine wounded. The troop pursued the fleeing Insurgents and capture live prisoners. Another dispatch announce that a number of Insurgents recently mad an attack upon the village of Gimya , whlc was defcnde * l > y a small detachment e troops commanded by Colonel Castellan The Spanish soldiers routed the enemy , wl : left three dead on the field. WAS 110UN1) TO ATTUXCT AITKNFIO Insiiiio Sinn Fires n 1'lstol In the Street Noir llnlnioriit Cn tlo. RDINBURGH , Juno 7. The little town of Ballater , near Balmoral , where the queen Is stopping , was startled late this evening by the reckless firing of a revolver In the streets. The young man who fired the pistol was arrested , and It was found that he had In his possession a paper addressed to the queen , whom ha Intended to visit. The pris oner also had a letter addressed to Mr. Glad stone and another to Mr. Vanderbllt , whose daughter he said he desired to marry. A doctor who examined the young man ex- pressed the opinion that ho was insane. Consular Oilfntlon i.iqulroj Attention. CHRISTIANA , June 7. The Storthing , by n vote of 90 to 24 , has adopted a compromise resolution to the effect that while It Is the Intent and purpose of the Storthing to main tain a complete Independence upon all na tional questions , public policy requires the Immediate opening of the question , with the co-operation of the cabinet of Sweden , looking toward the settlement of the consular and foreign mission questions. CampiH Don * Nut Nneil An AmNtiinr. HAVANA , June 7. General Martinez de Campos has telegraphed the government at Madrid stating that he does not need at the present time a lieutenant general to help him. U was proposed by the Spanish cabi net recently to send him an assistant , hut he cays his health Is splendid and ho will not need additional asslstnnc ? . Keiiinliid or I ouinl l.ott Hurled. MANAGUA , Nicaragua , ( via Galveston ) , June 7. The remains of Hiram Lott , the United States consul here , who died here yesterday afterrroon , were burled today. The body was escorted to the cemetery by all the Nlciraguan ministers and by hundreds of prominent citizens. Mr. Lott had been suffer ing from an affliction of the stomach for five days only. Joint to the Keller or 1'eury. ST. JOHNS , June 7. The whaleboat Kite has been chartered to carry an expedition of ten persons to Greenland to rescue Lieu tenant Peary , the arctic explorer. Emlle DIcbltsch , Peary's brother-in-law , will have charge of the party. Mrs. Peary will not accompany the party. The Kite will start about tbe middle of next month. FlooiU lu fcpnln ami Fruncr , PARIS , June 7. Floods are prevailing In the north of Spain and the southwest ot France , The rivers have overflowed In vari ous district ! of Navarre , rendering communi cation very difficult around Pau. The rail way la submerged and many factories have been Inundated. In many place * the malli ire conyey.ed by , jr.i.vr A/iir xir. < Annual ( Iraduatlng Uzerclne * t tlio IN'a- tlunnl Acmlaniy At Annitpojl * . ANNAPOLIS , Md. , June 7. Th ? graduat ing exercises came off this morning at the Naval academy with the usual parade. The battalion was taken lo the chapel , where Chaplain Hoyco offered a prayer and Hon. J. B. Henderson delivered an address In which Sic complimented both branches of the service and gave the graduates some good advice. Secretary Herbert In delivering the diplomas congratulated the cadets on the abolishment of hazing at tlio Institution. On the eland with the board of visitors were Governor Browne of Maryland and Admiral Gherardi. A very largo crowd of spectators were present. Graduate ? : Line Division S. B. Smith , Pennsylvania ; W. G. Groesbeck , Ohio ; S. II. Brumby. Georgia ; F. P. Baldwin , Iowa ; W. S. Davidson , South Dakota ; Harris Lnnnlng , Illinois ; P. M. Hannon , Maryland ; H. V. Butler , New York-P. ; R. Monaghan , Wash ington ; A. T. Cheater , at largo ; W. K. Cush- man , New York ; J. E. Walker , North Carolina lina ; S. C. Vestal , Indiana ; J. J. Raby , Michi gan ; W. II. Ghercrdl , at largo ; D. W. TodJ , California ; J. V. Klemann. Now York ; K. M. Bennett , New Jersey ; W. II. Standloy , Cali fornia ; A. J. Wndhnnu , Now York ; E. II. Watson. Kentucky ; J. I ) . Saycrs , Texas ; Worth Bagley , North Carolina ; J. C. Brcckln- rldge , Kentucky ; C. B. Barnes , Oklahoma ; N. II. Hall , Texas ; R. 7. . Johnson , North Carolina lina ; 0. II. Kncpper , Pennsylvania ; M. J. McCormlck , Michigan. Engineer Division T. M. Dick , South Carolina lina ; C. K. Mallory , Tennessee ; Newton Mansfield - field , Ohio ; D. M. Garrison , New Jersey ; J. . Morton , Missouri ; F. D. Karns. Ohio ; F. . Freeman , Indiana ; J. F. Marshall , Texas ; C. II. Walker , Massachusetts ; D. R. Merrltt , owa ; R. II. Dunn , Connecticut ; E. F. Kck- ardt , Wisconsin. UNCM3 SA.H NHI.US S ! A1I15N. 'our Hie Uittlln Ship * Without Men to Iliinilln Them , WASHINGTON. June 7. It Is becoming ach day a moro serious problem for the S'avy department here to tnanoeuver new hips with the small number of sailors al ow ed by law. In recent years there have cen constant additions to the ships of the lew navy , but congress has not seen fit to ncrease In llkr proportion' the number of allors allowed to man them. The modern ship , with Its complex machinery and great Ize , requires more men than the small sail ng steamers of the war period , yet with nl of the liberality which congress has shown n appropriating money for'the construction of new ships , It has foiled to grasp the Im portance of giving them effective crows , st year Secretary Herbert Appealed to the cglslatlve branch of the government to authorize the enlargement of the number of enlisted men by 2,000 , pointing to the number of new ships that will be completed and turned over to the navy In thecourse , of a year or two as the basis of his application The appropriation committees , however , saw- fit to cut this number down to 1,000 ad ditional men. Now the battle ships Maine at the New York navy yard and the Texas at the Norfolk yard will be' ready to go Into commission this bummer. To man these two ships about 700 men will bo required , and , as the Lancaster Is also to go into service as a practice ship , 300 men must be assigned to her. Thus the entire additional 1,000 inei allowed by congress will bo absorbed Meanwhile the big battle ships Indiana Oregon , Iowa and Massachusetts arc rapidly approaching completion and there will be no sailors to place on them unless , the depart ment shall put out of commission some other ships and transfer their crews to the new vesels. There ore already lying1 at tuts Mare Island navy yard several war ships tliafthe government could put ( o gpod , service If they could bo manned and It Is saUl that man var ships now In commlsslpn are manned with crews far below their natural quota thus Imposing unduly heavy tasks on thi few men employed and tending to fomen discontent among them. It Is probable tha when congress meets again the secretary o the navy will be obliged to make a promp appeal for more men or to allow our wu ships to rpmaln Idly tied up at their dock : when they are needed for foreign service. WnntB IliH Itiink Iteitorcil. WASHINGTON , Juno 7. The application o John M. Quackenbush , late commander United States navy , for a writ of manJamu to compel Secretary Herbert to restore hi name to the rolls of the navy came up in th district court today , the question at issue beln ; whether a rule should Issue requiring Sec rctary Herbert to show cnujo why the man damus thoill n > t bo fronted. .Quackenb sh wa tried bv court martial and sentenced to dls. missal from the navy , but his sentence wa commuted by the president to suspension fo six years. Before the expiration of thl tlmo the officer next below him In rank wa promoted Into his place and later on Sccre tary Chandler removed hlo name from th rolls. Quackenbush applied repeatedly t congress for reinstatement , and several time nearly sticceedel In his effort ? . In discussing the case Justice Bradley said ho wa ; of the opinion that his court had no Jurisdiction , the only remedy lying with con gress. Ho continued : "Tho case , however , Is one to excite the sympathy of any un prejudiced person. The record shows that It was not the Intention of the president or sec retary of the navy to dismiss Quackenbush and that he was dlsmlbsed accidentally by the promotion of another officer to his placo. Ho could have been restored at any time by rec- ommenJatlon to congress , made by the presi dent or secretary , and delay In doing this re flects on the holders of these places. Simple justice demands his restoration and If It Is passible I will grant the mandamus. I fear , however , that I must decide that this court has no jurisdiction. " News for thn Army. WASHINGTON , Juno 7. ( Special Tele gram. ) The following army orders were Is sued today : First Lieutenant Edwin C. Bul- ler , Seventh cavalry , Is relieved at the Uni versity of Wyoming. Captain William Crozler , ordnance depart ment , will proceed from New York City to the works of the Bethlehem Iron company , Pennsylvania , and to Cramps Ship Building company , Philadelphia , for Inspection of car riages. Colonel George H. G'Unn , assistant pay master general , Is granted ono month's ex tended leave ; Captain William Pauldlng , Tenth Infantry , three month ! : ' First Lieuten ant James W. McAndrew , Third Infantry , two months ; Second Lieutenant William C. Bennett , Sixth Infantry , Jwo months ; Second Lieutenant Howard R. Hick , 'Ninth cavalry , one month extended ; r' In Irt1l Titurlco. * WASHINGTON , June 7. . General Ruger elnco his arrival hero has deleted his entire tlmo to the drill movements and manual of arms , making the movements , suitable for the new gun which has been 'adopted for t'ne use of the army. It has been found that the Im portant changes made In Uie regulations necessitates generally a revision of phraseology elegy of the entire tactics , io that a large percentage of the changes arp verbal. It Is expected that the National guards will adopt the regulations as coon as. tliey are promul gated by the War department. The guns used by the army and the National guard are different , but It Is expected that the regula tions can be adopted to the use of the lat ter without material change , MnviMiirnu or iMeiinrVnr. . WASHINGTON , June 7 , The San FranCisco - Cisco has sailed f om Southampton for Co. p.'nhagen and the MarbleTiead from the came ! port for Hamburg , enroute for Kiel. The Machlas has sailed from Cheefoo for Mare Island. The Atlanta has tailed from Fort Monroe for New London to take part In the ceremonies to be held there on the 18th Inst. by the Army of the Potomac. Captiiln D.-Vfiv tu f.a ItelnstJitml , NEW YORK , June 7. Judge Pryor in the court of common pleai has granted an order to Police Cap'aln ' William S. Devery to com pel the Dollco board to reinstate him In Iila position on the force. This order U the re sult of the decision of the court that Devcry's trial In his. abieoce was lo defiance ol con- itltutlonal law. PASSED THE LIE IN COURT Short Line Hearing Provokes Trouble Among Leading Legal Lights , APPLIED BY PIERCE TO STCREY JmlRo Mrrrltt Forced to Threaten tliu J.'ustcrn Attorney with bcvcro Pun ishment la Order to Secure Order In the Clmmber. SALT LAKE , June 7. ( Special Telegram. ) All day the conflict over the possession of the Oregon Short Line raged In Judge Mcr- rltt's court , and whcn adjournment was taken this evening the battle was not ended. No iich brilliant ant eloquent pleas were ever nade In a Utah court as were delivered today iy Wlnslow S. Pierce of New York , Frank > . Kellogg of St. Paul , Senator Thurston of 'maha ' and Moorfleld Storey of Boston. All lie questions In the case are being presented o Judge Mcrrltt strictly on their merits nd without reference to the decisions and rders of other courts. Judge Mcrrltt stated tiring the hearing that If ho thought himself iound by the rules of comity to confirm the rders of Judges Sanborn and Gilbert , ho , -ould refuse to waste time on the hear- ng. Senator Thurston today In his argument trongly presented the local aspects of the : use and urged the court to appoint a Joint ecelver to protect local Interests. He also lalculed the proposition of the Trust cotn- lany , that the court borrow money for It to so In paying defaulted Interests. Storey reated great merriment In the crowded court ooni by sarcastic references to the Union 'aciflc's newly born solicitude for the mer- .inttlo and shipping Interests of Utah. ILL FEELING MANIFEST. That much 111 feeling has been engendered Between the opposing counsel In the case Is manifested by the Irritation displayed and the "requent violent outbursts. A most sensational episode occurred when Ion. Wlnslow S. Pierce of New York , attor ney for the first mortgage bondholders , called Ion. Moorfleld Storey of Doston a liar , and ludge Merrltt threatened to send both of the awyers to Jail. A dispute had arisen be- ween Hall of Omaha and Storey as to what Judge S.inborn had said at St. Paul. Pierce ook up the controversy and a discussion en- ued. Storey said he had a short hand re- [ iort of all Judge Sanborn had said. Pierce .valked . over to Storey and examined the man uscript. "This Is only the opinion , " said Pierce. "Ho didn't say what you claimed , " declared Storey. "Well , I know he dIJ , " exclaimed Pierce. "Well , I know ho didn't , " retorted Storey 'and If It cornea to that , you know he didn't. ' "Then I say you lie , " cried Pierce , clench- ng his fists. The fight that seemed Imminent dll not cone off. The angry men glared at each other for an Instant , and then Pierce , very pale , ro- urncd to his scat. . "If any more of this occurs I will som' t)0th of you to Jail , " declared Judge Merrltt o the representatives of the New York and Boston bars. "I beg your honor's pardon for being be- rayed Into an Impropriety , " said Storey. "I do the same thing ; I regret It very much , ' tfde.l Mr. rlcr e , and this clo cd the licllcn' In tho' Oregon Short Line case today Pierce on behalf of the Union Pacific , took. up. the three allegations of the loan company's com plaints , on which was based the application or the removal of the present receivers. Ho argued that If the operation of the Short Line as part of the Union Pacific system was no satisfactory the proper remedy was to apply to the court for Instructions to the receivers He claimed that there had been no violation of the truffle contract and that a fair dlstrlbu Ion of the earnings had been made. CONDITION OF THE PROPERTY. Mr. Kellogg , for the loan company , then addressc.l the court. He tvild the loan com pany represented trustees of the bondholders under the mortgage to the extent of over $10- 000,000 , also the collateral mortgage of over $13,000,000. Under the contract , when the Union Pacific failed to keep It , the Short Line could enter upon the possession of thr property. In the first eleven months the re ceivers had pliown a surplus of $1,299,000 In the earnings of the Short Line ; subsequently they had shown an Indebtedness of $2r)00,000. It was tlmo the loan company should ask the court for protection , Senator Thurston next spoke In the Interest of the Union Pacific. Ho said the receiver illJ not want to remain In possession n single day. They only askeJ that the Interests of the property be preserved entire. There was no contention as to the right of the loan companv to . ave a receiver appointed. The controversy was whether a man se lected as Mr. Kgan had been by the loan company should be given control of the prop erty. Mr. Egan was an able man who had rendered distinguished service In maintaining law and order , but It was n question whether this court should be a Judicial puppet and follow the action of a distant court , or whether the order of transfer should be of a character to procure a fair operation of the entire property In accordance with Its char ter obligations and the Interests of all con cerned. The courts should Impose condi tions which would prevent the dismember ing of the system In Utah. The properties of thp Utah Southern and Utah Southern ex tension should not be rendered valueless by ' being lopped off In a section paralleled for a hundred tulles by the Rio Grande Western. The court should not lend Itself to any pro cess of destruction such as was proposed. This court Is asked lo write amen on the orders of another court , without further con sideration. Mr. Storey then began the closing ar gument for the loan company. Ho said the great desire of the Union Pacific was to con tinue to monopolize the Short Line business. "I will agree now that your honor may put the requirement In the order that we must take every part of the road and operate It. " liefore Mr. Storey concluded the court ad journed. uur.s * io sumi.ME COUHT. Court at Appeal * Decides It It Without JurlHtllctlon In the Freight Kuto I ute Yesterday afternoon John L. Webster re ceived n telegram from St. Paul Informing him that the maximum rate cases had been dismissed for want of jurisdiction possessed by the court of appeals , presided over by Judges Sanborn , Caldwell and Thayer. This Information was no surprise to Mr. Webster , as was Indicated In his Interview published In The Dee of Thursday. In speaking of the matter last evening , Mi. Webster statsd that It was the desire of the State IJoard of Transportation to take the case to the supreme court of the United States at once. In view of this fact , some time ago lu prepared all of the necessary papers. The case would be filed as soon as the record could be made by the clerk , which would probably be within the next ten days. Concerning the hearing In the supreme court , Mr. Webster stated that It was the usual custom to advance upon the docket all cases of a national or state nature. This par ticular case being of great Importance to the public. If advanced out of Its regular order , would be heard next November or Decembet. LINCOLN. Juno 7. ( Special. ) The State Poard cf Transportation held a short meeting today and allowed several bills for maps and for pr nt ng briefs In the maximum rate cases. It has been considered quite probable by the members of the board that the question of jurisdiction of the cam now pending In the circuit court of appeals at St. Paul would be decided In favor of tending the whole catc to the supreme court at Washington. It has been the opinion of several of trie attorneyi connected with the case that It would be de cided this way , but had It not been flnt ap pealed to tne circuit court of appeals the case might posplbly have been knocked out finally by a decision holding that the circuit court wa * the place to which It should have been flr t carried from the federal court at Omaha. II ILL AOT CALL .1 MKKTISQ Dcmocrntlc Nutl nil : Committee Will Not .Meet Until Next Winter. PHILADELPHIA , Juno 7. Chairman W. F. Horrify of the national democratic committee , has received a number of In * qiilrlcs as to whether ho Intended to call n meeting of the committee to decide whether or not a national convention should bo called to take action on the money ques tion. In order to relieve the minds of anx ious democrats , Mr. Harrltj' has written the following open letter : PHILADELPHIA. June 7.-1 do not ex pect or Intciul to call a meeting of the dem ocratic ) national committee until next win ter , when It will meet for the purposiof ( IxhiK the tlmo anil place of the national democratic convention of 1S9C , unless 1 shall be requested to do so by the requisite' inuu- bor of the democratic national committee. I do not bi-Ilovo there Is nnv necessity for u national convention at this time , on the contrary , I am ot the opinion that to call ono now would be harmful to the business Interests of the country nml prejudicial to the welfare of thp democratic party. WILLIAM F. HARR1TY. Chairman Democrnt'c National Co nmlttee. Mr. Horrlty said he had nothing to add to what Is contained In this 1'tter. DENVER , June " . C. S. Thomas , Colorado member of the democratic national commit tee , In discussing the action of the Illinois democrats , said : "I am In favor of a na tional convention and of every other proposi tion which will servo to make the money j question the Issue for 1SC and force the democratic party to take that position upon It which belongs to It as the parly of the people. Until Cleveland was , llko the old man of the sea , bound to Its shoulders , Its financial policy was undoubted. Monometal lism has no place In KB history or Its plat forms , nor can a so-called democratic ad ministration with republican tendencies fasten such n doctrine upon the democratic masses. I am for the convention , and If It shall pronounce against bimetallism , then I am for thr- party which will endorse It. " MEMPHIS. Tenn. . June 7. The nrrango- mpnts commit tee of tlio silver convention to moot nt the Auditorium nevt Wednesday announced that the follow-In today ? tpeak- ors hnd accepted Invitations to nildross the convention : ConirroFsinnn J. C. Slbioy of Pennsylvania , ex-Governor L. Ilrmfrord Prince of New Mexico , Senator David Tur- ple of Indiana , Congressman II. I ) . Money of Mississippi , Senator J. K. .Tones of Ar kansas , Senator S. W. M. Stewart of Nevada , J. V. . Georpo of Mlslsslvjl | , A. J. McLnurln of Mls-'slsblppl , George K Shoup of Idaho and Alexnnder Delinar of Cali fornia. The Grand opera , houpo has been engaged for the overflow meetings. Ppeelul trains will bo run from New Orleans bearIng - Ing 200 Louisiana delegates , from southern Illinois and Kentucky and from a number of points cast and south of here. iiKiMi it.iriitLi' itr.sroitKit In Forming Kiihinltllni ; IVncnhly to J ip.tneso ItnUi. HONKONG , June 7. Advices from Formosa mesa Indicate that chaos Is rapidly giving way to order now that the Japanese have reached Talp-fu and established headquarters at that point. The natives are submitting rapidly to the rule of the Japanese. The Japanese losses during the military move ments In occupying the Island amount to only eight men. The Chinese carried away mil lions of dollars worth of property from the Chinese fortifications. During the firing which followed the detention of the steamer of the ex-governor and cx-Presldent Tang Chlng , who was making1 an effort to escape from the Island , seven persons were killed and thirteen wounded on the steamer as a re sult of the firing. Tlie German gunboat lltls replied to the bombardments from the forti fications on the Formosa shore and the native gunners deserted their positions. Tfie forts were quickly silenced. According to all re ports thirteen natives were killed. OeriimiiK Whip ilio llnknko Trllies. BERLIN , June 7. An official dispatch re ceived from Herr von Puttkamer , the gov ernor of the Cameroon district of German East Africa , announces that there has been severe fighting with rebellious Dakoko tribes. Four of the strongholds of the rebels have been stormed by the German colonial troops , 200 tribesmen were killed and many others were captured. On the side of the Germans twelve colonial soldiers were killed and forty- seven wounded. In the list of casualties there are no Germans. The Relchzanzelger , refer ring to the victory of the German troops , says : "The foregoing will Insure peace In the Dakoko ( not Uako ) country , which terri tory has hitherto been a continued menace to the cameroonc. linnKlii Will Mop Short of W.ir. ST. PETERSBURG , June 7. The opinion prevails among officials hero that Russia , while doing the best possible under the cir cumstances for the welfare of the Armenians , will not risk a conflict with Turkey , as the development of the question In the extreme direction advocated by the English press would only endanger the quietude of Rus sian Armenia , thus proving prejudicial to the Russian Interests generally. Stitotll Mire to tin n < nrillnn ) . ROME , June 7. It Is stated upon good au thorlty that Mgr. Satolll , the papal delegate to the United States , will \ > s created a car dinal at the next consistory. WASHINGTON , June 7. At the residence of Mgr. Satolll It was stated that no Intima tion had come from Rome that the consistory would assemble or that the elevation of the delegate would occur. Killed In tha I.'ite Klrkiipnn Knsh. GUTHRIE , Okl. . Juno 7. A sad sequel to the wild rush Into the Klckapoo reservation was viewed In this city Wednesday , when a man named Valchester from southwestern Kansas drove Into the city enroute to his old home there , having In his wagon u coffin containing the body of his wife and 5-ycar-old child , who were both killed In the rush for claims at the recent opening. In the first wild da h his wagon struck a stone and was partly overturned , throwing out the wife and little one , who were trampled to death by a score or more of the horses. M.vntariomi Killlm ; Naur Tcrro lluiltn. TERRE HAUTE , Ind. , Juno 7. The life less body of Chauncey F. Pickerel ) , with a bullet wound In his head , was found In n field , across the river from this city , yester day morning. A pistol lay at his side. He was married on Tuesday of last week to Miss Lizzie Balrd of this city. There are some mysterious features about the case and the police officials arc puzzled to know whether death was the result of murder or suicide. Pickerel ! a few days after his marriage had his life Insured In the Mutual Life of New York for $2,000. Oirinri'of I.CHtetl lUtlllerl < M ( ll'jict. CHICAGO , Juno 7. The repudiation of a number of leases of distilleries by Receiver McNulta of the Whisky trust n week ago was attacked by ono of the lessors In an In tervening petition In the United States cir cuit court yesterday. P. II. Price , president of the Empire distillery , which was ono of those cut off by order of the court on tlio petition of the receiver , questions the right of tlio receiver to make a default In the pay- mont of the leaso. Cattlemen I'ropnrlnir for Itnttle. WOLCOTT , Colo. , June 7. Advices have been received by courier from Hay-den to the effect Hint on June 6 , 800 armed cattle men started from the ElKhead mountain country with the Intention of driving the sheepmen out. It was rumored that the sheep herder * were accompanied by 150 PlnkertoiiH , who would resist. 9 Jlulltttlni from slrtt Ileilf , WASHINGTON , June 7. Miss Abigail Dodge U slightly restleu , but otherwise her condition remains about the tame. Representative Hltt'a condition Ii un changed. tmtolll Huro to tie Cardinal , ROME , June 7. It U itated upon good au thority that Jl r. Sato'.ll , tbe papal delegate to tbe United Statei , will b creeled a car dinal At Ut &Ut CflDlUtOJX. INDIANS CHARGE FRAUD Senator Allen Holds a Council with tha Omalias and Winnobagos , DECLARE THEY HAVE BEEN SWINDLED Itoil Men Whom * Signatures Appear on th Lrimo to 1'urley A ort thnt They Ncxcr Mgnctl the Inalrnmcnt , PENDER , Neb. , Juno 7. ( Special Tolc gram. ) United Slates Senator Allen ticlil a council with tlio Omnhn Inillans at tlio Omaha. agency today. Tlio senator desired to personally - ally Inform himself In regard to the contro versy on bo'h the Omaha and Wlnnebago. reservations , which Is menacing the peace of- this county. The great subject of contcntloiv among tlio Omahas Is In regard to the dis position of their trlb.il lands , of which they have about 00,000 acres. The different par ties Interested have told Senator Allen many different stories In regard to the matter , each. claiming the advice offered on the situation. was for the best Interests of the red man. The senator , In opening the council , snld ho. came to learn from their own lips what they desired him to do In regard to the vast tract of Omaha tribal lands now being used ex pressly for pasturage purposes , and tlml their- Interests wore to be considered uh no In tlio matter. Slnda-lw-ha , lllg Elk , Wahanltitru. . Nebraska Simeon , Haltowell ami other prom inent Omaha Indians epoko , and told the ten- ator that their people were unanimous In n. ik'slro for an Immediate allotment In order that they might handle their tribal lands. themselves , the same as other American citi zens handle thrli1 property. THINK THEY WERE SWINDLED. Another of the Indian orators paid he- thought Contractor Farley had had the pas- tnro so long that he would be tired of It by this time , but It seemed that he still wanted to hang on and control It. Tlio subject of the ve-year lease en n 2:1,000 : aero tract of these inds to Farley was then brought up for dta- isslon. Two of the Omaha councllmon , hose names arc affixed to the consent no- ordlng to the requirements of the law , said. 0 Senator Allen In the presence of Farley nit they never signed the paper at all , and II of the councllmcn present whnso names ro attached to the five-year lease said t was Interpreted to them as a one-year care , and John Springer , one of the most cllable Omalias , boldly assorted to the sen- tor that the present lease for five years was. xed up without the presence or consent or 1 ii a tu re of any of the Omaha Indian coun- llmcn. The senator promised faithfully to visit. ic in again In council some time this eum- icr , as ho could not give the time today tc- oar what they had to say , having made an ppolntment with the Wlnnolmgos to be at heir agency nt 4 o'clock , for which point o started at the conclusion of the Inter- low. inn 3iix WILL AU > ix Vyomlnp Secret Orilcr to Alii In rtvi-nglngf. Ill ii Dentil ill ii Mmnber. CHEYENNE , Juno 7. ( Spcclal. ) The order f Ited Men of Wyoming Is making arrange-- icnts to engage special counsel to assist In. ho prosecution of Hobort Dlxon , who will' 19 tried at Lander this month for the murder f William Harvey at Atlantic C ty , about a. ear ago. Harvey was a leading member of- lie or.lor. At the tlmo of the murder ho was- , mployed by the Diamond Development com- iany nt Atlantic City us engineer In charge f Its machinery. While there ho boarded. .ml . roomed at the homo of Robert Dlxon , vho kept the company's boarding house. On ho morning of the day on which the murder- ceurred. Harvey was followed by Dlxon lnto ho engine house , where , a few Iftirs later , ho dead body of the engineer was found' v'th the head pounded and bat tared In a. earful manner. Dlxon had already started ; or Lander , presumably to give hlnifcelf up. lo wus met on the way by the sheriff , who. oolc him Into custody. Dlxon'H claim Is that .0 killed Harvey In self-defoiibc , a fight hav- ng taken place between them over Dlxon's. vlfo. Dlxon has retained attorneys from. Bander , Laramlo and Nebraska to defends ilin. .v ii o/ > .ny.v TU IIAVK A IIUMK- iloud Camp Votfis tn Khtnhllnh llcnilqunr- tern lit Honk Inhiml. MADISON , Wls. , Juno 7. The head camp. if Modern Woodmen today decided by a two- hlrds vote not to change the laws so as to- make the head banker eligible for re-election. Phis Insures the election of A. II. Holllstor. A resolution was Introduced and referred1 to appropriate $100,000 of the general fund , for an emergency fund , to which $25,000 * shall be added whenever available , the fund o bo used wh ° n the number of annual as sessments shMl exceed fifteen. It was voted' o Increase the bond of the head clerk from S10.000 to $25.000. It was voted to appro-- irlate $20,000 for a building for head offices- ut Rock Island. The report of the com mittee on laws recommended Increasing tho- number of head physicians from thrco to. Ive. The election of ofllcers will be the last. : htng before adjournment Saturday after noon. _ I'c.iou or irro.ui.No atux.ivr.n. y Trouble llotvreon Cnttln mill Sheep Men Ki-Milti In Mnnl T. CHEYENNE , June 7. ( Special Telegram. * John It. Raffcrty , sheep herder , was founl dead with a bullet hole through his body yesterday at llarras' sheep camp , sixty mlle north of Hock Springs. The coroner brought the body to Rook Springs this evening. A revolver wan found about three feet from tli body lodged In a sage bush. All the Indica tions point to murder. The coroner's Jury- will not render a verdict until a piist mortem , Is made. It Is believed that the Killing la a. result of the troubles which exlat between. sheep and cattlemen on the range. CIvii ilia I u w * Limit. CHEYENNE , June 7. ( Special Tclegram. > Private Isaac Chandler of the Eighth United States Infantry , convicted In the dis trict court of attempt to murder , was sen tenced today to fourteen years Imprisonment In the state penitentiary , the full limit or the law. William Hathaway , another eoldlor , was sent to the penitentiary for one year for ob- tulnlng a bicycle under false pretenses. Ititncli i-nllillni ; * IliirniMl. CHEYENNE , June 7. ( Special Telegram. > The residence and ranch buildings of Wil liam Phillips , nine miles from this city , were burned yesterday morning. The loss will reach $5,000 , with $2,015 Insurance , l.lkel ) to Deny thn AiillrHllon | , WASHINGTON , June 7. The application of E. Chapman , the broker who declined to answer the questions of the senate committed Investigating the Sugar trust for a wilt pro hibiting the district courts from trying him , was taken up In the court of appeal * today , The court took the matter under advliement , but It U said undoubtedly will rcfu > tho/ application of Mr. Chapman and permit art appeal to be taken directly to the supreme court. Omutiu I.lkcU to ( jet thn Itnelc Inland Job , WASHINGTON , June 7. lllds for the erec tion and complet'on of the United States postoltlec building at Rock Island , III , , worn op nrd it the Treasury department today * There were fifteen bidders , of whom O. J. King of Omaha , Neb. , at $37,077 $ , wai th lowest. IVIUimVIII Spank In Mlnourl. WASHINGTON. June 7. Postmanter ( Jen * ral Wllion returned today from Mlitlislppt and will leave hrre on Monday for Oentralla , Mo. , wb re he U to iponk , t a college