Sv i. ! * * * , W--A < 4 V'ftitet ' s i : sfrfett > ' : i ' K' w * iKV ; < : : i4 ' - ' ' JJto - - : &
THE OMAHA DAILY BEE.
ESTABLISHED JUXE 10 , 1871. OMAHA , FJKTDAY AUGUST ii , 1S03. SINGLE COL'Y FIVE CENTS.
PUT IN A FAIR SIZED CLAIM
American Citizen Asks Hawaii to Pay for
Having Him Arrested.
LITTLE REPUBLIC REFUSES TO SETTLE
J.atert Development of tin * Situation
lleM\een ( lie lulled SlnteN mill
tlit- Infant Cov eminent In
tin * I'nolllc Oeenn.
BAN FRANCISCO , Aug. L The s.nmer
Marlposa arrived today from Sydnooi'd
Auckland , via Simoa and Honolulu , bring
ing the- following Hawaiian advices :
HONOLULU , July 2. . The first claim fir
tlatnrges against the government foi wlnlpjale
aricsts mule during the January revolt Is In
the hands of Minister Hatch. H wai landed
him by United Stales Minister Willis. The
Cia-manl Is James Durrell. an American cltl-
ste'ii He was arrested and conllnul about
- > vtn weeks. No charges were mada pgilnat
the man Ho was simply held on cti-jp clor.
lift fed a claim for $25.000 damag'S with the
Amer can minister which was duly forvndod
to the State department. An aniwet came
by the las' mall.
Mli'ibier Willis' statement to Minis tr H.Ucl
says that Durrell declares he has never by
vvnrd or d ed forfeited his allegiance to tin
Unitc.l Glates ; that he has neither donnoi
H | lci'i ' anything directly or Indirectly agaliv"
the government of Hawaii or Its laws ; i > n.
thai he has never exnrcssed sentliaeru an
tngonlstlc to that government or in any man
titi couns led , encouraged , aided , r ab-ttei
It * ei etnles ellhcr In armed rcbc'l'on ' ' Ji
tor-rot plotting. "These statcmnts , " Mr. Wll
I.s says. "establish. In the cplnloi
of Ihe president of Iho United Slavs
a prlma facie claim for subi a-itia
Indemnity from tlio Hawaiian government ti
Mr Durrell I am Instruclcd. lliere-fore , ti
b Ing this case to the attention of the Ha
wallan authorities , leavlngjio doubt In tliel
minds of Iho confidence fell al Washlnglo :
that * hp government of Hawaii will not re
fuse to tenler adequate repira'.on to this In
Jured cltl/cn of the United btato , nor hesl
Into to take prompt measures to exonerat
him from Iho Imputation wh'ch ' till * arbltrar
ftatmcnt has left upon his gooJ name "
U Is bellevid that Mr. Wllllg. letter vvl
lead to International complication" , as It I
understood thai this government docs nc
Intend to pay Darrell a Mngb dollar. Jaine
Horsburg jr. , of the Southern Pacific com
pany recently spent a few days In this city
and It has been learned , bounded the gov
eminent and business men regarding an oppi
sllion line of slcamprs from San I-'iancisc
to Honolulu. The probability Is thai one c
Ihe Occidental und Orlenl.il slc.imers vvl
noon be plying regularly to this port.
Coii6ld ° 'ahle prp'iurp Is being bronpht t
bear to cause the lesM-ittre , now In Reasloi
to pas a Joint rc-olutlon authorizing and It ;
slnictlng President Dole to reopen annexa
tloi npgotlat'ons with the Unltol Stiles. A
a meeting recently held by the native Iln
wallan organization resolutions to thai effei
vv-pro ia scd. It Is I el'cved Ihat such a re&c
luMen will be Introduced by the executive b-
fore adjournment.
roiinvs KIMS \ > < siiiTS imisiit
Throw M OfT thf I n Iliieuee of th
UucriiVliti UIIH Mail Her Ou 11 AViij.
SAN I-'UANCISCO , Aug. L The steami
China from To'.tlo. July 14 , brings the fo
lowing advices :
The work cf establishing thorough !
friendly relations with Corea must bo con
mcncod anew under conditions even lei
advantageous than which olstcd when Com
Inouye took command. The queea h :
firmly Mnltcii all ant'-Jrfpancso ' politic ,
forces and placed herself ostensibly at ll.e
head. Her ambition 111 not , however , 1
allowed full play , as the king has Ki'ddpnl
announced nn intent. on of govornlng In pi
son and has taken steps toward rcorganl/.lr
the administration to suU his own fancy.
The Corean king's disposition to cro-t
barrier between the conn and the Japane :
representative t > shown by his recall i
olllco of the American , General Legender ,
consp cuous figure In Corean pol'tlcs , who :
opposition lo Count Inouyi Is undlsgulsE
nnli who will certainly do his bcsl lo n
verso everything llial llu envoy ha done I
" ( he pasl six months One of Inouye's wor
errors was to antagonize LegenJer. Worl
Ing together the tno men mli'ht have a
compllshed genulnn reforms In Corea.
The Japanese government malnlalnu Its R
vcre measmes low aril political opponent
hoping that popular animosity would event
ally subside. Thp uniupularlty of tl
government still continues , however , at
It may be forced to convene tl
Diet clearly against Us will. Never beto
has the government been In si'ch ' need
parliamentary support. Important flnancl
measures growing out of the .Mir must I
promptly executed and for these the san
tlon of the le'glslalure Is Indispensable.
the cabinet prove Intractable Count Ito vv
be powerless to carry on public buslne
h and ho will have to choose between rcslgnh
and the admission of opposition leaders
HIP cabinet.
The Ch'neso ' government announces tli
the new plans for the reorganl7itlon of tl
army and navy will be hpeedlly put In oper
tlon The ( ierman military system will '
adopted and German experts bo employ
to Introduce required reform * . Krom En
land and Germany two battloshlps of S,0
tons each , lluee cruisers of 5.000 Ions ai
two smaller vessels of , ! d-K ) will be orderr
Ono hundred und fifty naval students w
be senl to Europe for scientific training.
Tt-o Chinese emperor has bo far yield
to foreign presMiro as to threaten ex-Vic
roy Sze Chuan with dcpilvallon of rank ai
confUci'liii ot his entire posscs lens In cu
anil missionary riots an- resumed
proclamation has consequently been Issu
authorizing aliens and natives alike lo k
all disturber. ! ot the peace At Iho late
accounts twelve Interior cities had be
given over to the violence of Hie rabble.
Cholera Is spreading In Corea , especially
rrcluns where bailies were foughl lasl ye.
The Japanese In Formosa are concenlratl
their firccs upon positions held by t
Cluncsp Insurgents on the west coast. Oc
ernor General Kabayamas' Intention Is
defer the Una ! onset until assured of coi
plete success al a single blow.
rolllleiil I'lirent ' III Samoa.
SAN FRANCISCO. Aug L The sleam
Marlposa from Apia , Simoa , July 17 , brln
word lhat a state of unrest still contlnu
vvllh the rebel party gaining strength. La
litigation occupies dally the attention of t
cilef justice. Many Important cases are
thu docket.
Ileeelv ei-N for I'nrin l'roierl | > UleKi
PORTLAND , Ore' . , Aug. L In the full
States court Judge Bellinger rendered a t
clsion in which he refused to grant compc
satlcn for a receiver appointed to take chat
of farm property and Its growing crops. 1
lall do-vn the rule that such appointing
vv io Illegal , and should not have been nui
The judge declares that Uio practice of i
plitlng receivers jusi before harvest ,
or. ! > r that the mortgagees , through t
Ob luy of a receiver , may reap where t
in rtgagor has town , Is unlawful and In v
lat leu cf the right of possession in the mo
tiiiv enitiiJUICInlej Nut nil A. I * .
IH5TON. . Aug. 1. The Traveler toelipu
llshej a letter from James Iloyle , pnvi
d'crctary to Governor MeKlnley of Oh
dinylng In the governor's name that the I
cr Is a member of the American 1'ry.ectl
usl c'at-on. ' The letter was brought out
declarations ot Rev. James lloyd Ilrady of t
I1 1 1o a church to a public meotlug R fo
night atp that Governor MeKlnley was
n Tib" i ct the order mentioned aad u I
In Us vrlrac plej , -
MI3V TAKi : A M'\V TACK.
nn niTort tn 1'nt Hie Ailinliilt-
trntloii tin tin * llefeiiNlv t * .
CHICAGO , Aug. L A special to the Post
rom Washington says : Politics In the elate
f Virginia ore beginning to assume a new
haee and the silver democrats are preparing
or a form of campaign which they believe
Ul ! have the effect of changing the character
Df the present controversy belwecn Ihe fac-
Ions of Ihe parly. They propose prac-
Ically lo abandon free coinage as the leading
f > : tie of Ihe campaign and lo place the sound
noney men upon the defensive by attacking
vi hat they regard as the most vulnerable
points on the sound money doctrine. To do
his they propose lo use Ihe president's mes
sage to the last congress on the financial
question , the report of Secretary Carlisle
upon the same subject and the bill which
Mr. Carlisle pre-pare.1 and submitted to the
IOUFC , together with the bill which was after-
witnl substituled for the Carlisle bill by the
tanking and currency committee , to show
that thei administration and Its followers
would retire all the greenbacks , the treasury
notes nnd ultimately the silver dollar' , thus
causing a contraction of the currency by Ihe
withdrawal from clrculallon of more than
$800,000,000. They will further attempt to
shew thai Ihe dellnlllon of found money given
liy the advocates of sound finance means gold
coin and national bank notes.
The plan adopted by the silver men for
launching this method of campaign Is some
what peculiar. Some tlma ago Represenla-
tlve-elect Otey of Ihe SK'h Virginia con-
giesslonal district Issued a call for a conven
tion of the silver men of that district. As
Oley vas elected to congress as n silver
man , ar. < 5 his constituency U largely compo -
po ed of silver men , It was niturally won
dered what purpose he could possibly serve
by holding such a meeting. It now trans
pires that this convention Is to be the first
? | pp In the movement the Mlver men arc
about to s'art , and llial Ihe able sliver men
of Hie Plate are belnnil It. They will endorse
free coinage at the ratio rf li ( to 1 , but this
Is to bo only a minor Issue , and dependence
for Iho effect Is to bp placed In the othar
members of the progiam.
Mo.vriiLV uiiiT : s.TATimij'NT.
Inei-ense During tlit * Month < if Oiei
Tlilrtr.lulil Million Dolat-N.
WASHINGTON , Aug. 1 The monthly
lrra ury statement of the public debt shows
the total debt on July 31 , less cash In tin
treasury lo have been $940,108 flO"i , an In
crease for Ihe month of ? 3S,435 , 3S. This In
crease Is due to the d ° llvery to the Lender
syndicate during the month of $31,157,700 It
4 per csnt bond" , together with a loss o :
$8,090S22 In available cash. The debt li
recapitulated as follows :
Interest benilng ilvbt { 7I7,3COIO
IJel-t on vvbluh Intel est lias
cua'pdduca maturity- 1.G93.C.
Debt tearing no Inturvit 37S,1"S3S
Total J1,127:5SI3
Certlllcates and treasury notes offset b ;
an equal amount of cash In the treasury
$5Sl 7H9.GIH.
Tnc cash In the treasury Is classified a1
f Hews :
ooid jirr.,3i4cc ,
Silver r.lS,74 ( . II
I'apc-r l.3,37i',7 ! ! )
KoniU , disbursing olllcers' bal-
UIHCH , etc 15,920,82
Total | V07,3JT,8T
AgJlnst Ihls Ihere are deriand llabllltle
amounting to ? ii20,218,300. leaving a casl
balance I'l the treasury of $1S7.149 530.
The monthly statement of the receipts ani
expenditures cf the government during th
month of July she AS receipts of $29,00,697
as against $3I.SOa..39 for July , 1S04. Th
d sburs.meiits during July , 'S'J'j. amo-.intt-
to $ , , Cri4 , OC3 , as agalcsl $ fr > .G4Sr > S3 for July
IS9I. Of Ihe receipts $11 070.891 were froi
customs and $12M,40. ) > from In'trnal revt
line Durlnc July , ISfll , the receipts froi
CU7.3IHS we.'e $ S.I37.3iS und from IntTna
revenue $ .2.1.200.1S7. The p n'lor payment
lasl month amounted to $12 7&5 427 , a reduc
tlon of about $ li ,000 from July , 1S94.
I > IIKill
s
T vt I'roii.liieiit Vev. York Soelt-t
IVotili" Si-rprlMi' Tlielr l-'rlenil .
NEW YOUK , Aug. 1. Society was mv
; * rljcd to read In today's paper1 , an announci
iici't ' of thd marriage of Louise V. Klsaat
to . . .nuls Say re Kcrr , at the Church of th
Holy C-inmtu.lon The bildo Is the daughte
of damuel II. Ivlssam , the head of Hie binl
Ing IV/m of Klbsam , Whitney & Co , und i
clostly related to the Vanderbllt family , e
lier folhci's sister was the wife of the lat
W. II Vanderbllt. The bridegroom Is on
of the best known of the younger membpi
ot Ihe Stock exchange. In town the youn
people lived near each other , but Ihe attet
tlons of Ihe young man were nol welcome
by Ihe young lady's falher. These allei
tlons were continued at Monmouth Head
where the Klssams have been stopping at tl
club house , and culminated In an elopemen
After dinner last night , Mr. Kerr and Ml !
klssam disappeared. The young lady ha
'old her mother thai she was going lo vval
lo North Long Dranch , bill Instead ha
taken a train for New York vvllh her a
fiancee. As the hours wore on their frlem
became alarmed and tent out liunllng pa
ties Hut Ihe hunl was fruitless , and i
one know what had become of them unl
they read the mairiage notice.
IMM'l LISTS 1'LT IP A 1'LLL TIClCIJ'l
Coilv eiillon In MNNH | | | | | | I | KniliirHe
tin * Oiniihii I'latroi-iu.
JACKSON , Miss , Aug. L The populists c
lU Uslppl met In convention at the hall i
representatives last night. The platfon
adoited reite'ates ' the demands of the Omal
platform and calls upon all patriotic cltlrei
who are dissatl-lled with the p'resent icgn (
ruin to Join * ho populist campaign for tl
free ai < d unlimited coinage of both gold at
silver at the ratio of 1C to 1 ; the abollllc
of national banks und the l&sulng ot a
money by the general government , for a in ,
id torlal Inc--ase of popular circulation ; f <
the payment of the public debt In cither goer
or fcllver ; against th" Inleresl bearing bom
and for the Isbiio of full le al tender notes
111 fcupply all deficiencies in the treasury ;
si prohibit dealing In futures ; for a coustlt
llonal amendment authorizing an Income la
for honest elections and an American govcr :
In ment for American citizens.
r. A full slate ticket was nominated , wli
ig Captain Pnir.k Ilurkett for governor ; S. \
Robinson , lieutenant governor ; R. 1) ) . lluntl
secretary of stale ; John J. Dennis , allorm
to general ; R. T. Love , auditor , and C. W. He
ton , treasurer.
ThlnU Hit * Dead Man Wax lien Doolli
HENNESSEY. Okl. , Aug. L Sher
Dr
Durchetto states that the man wha wi
* " killed al Sheridan lasl wee-Is , and who vvi
Identified us Dick Wllletto , was no olh
Ihan 11111 Doolln. and that ho lived for foi
months east of Kingfisher under the mine
Wllletto without his identity being disclose
Thp man who was wounded In the hip ai
claiming to be a brother of Iho deail ma
looks very much like him. and Die reset
bianco caused Ihe olncers to think ho w
D lolln. The posse is still pursuing Iho r
malndcr of Iho band.
Hunt. Closed KM UIIOI-M Voliintiii-ll
DENVEU. Aug. 1. A News special fro
Colorado Springs says- The Colorado Cl
State bank has voluntarily gone Into liquid
lion , and yesterday closed Us doors. T
deposits have been transferred to the
I'aso bank In tills city , where all depaslto
will be paid on demand , The bank has be
In operation two or three years , but n
doing a very paying business , and It w
( bought best to close. This leaves Colora
A. City without a bank. .
" " Vtiletl In Impelled ( ho Mayor ,
te WKST SUPERIOR. WIs. , Aug. L fly
ti , vote of IT to 15 , Mayor Starkweather was t
it- night Impeached by the common counc
on a charge of extolling money from rlreni
t.y anel policemen. Th re are several oth
charges filed , but Uieta were ! not voted c
as one was sutn > ent to impeach I'rcs dt-
Howe cf the c unc I will new be may r T
miyor will cairy th ; case to the
court.
1IOREWATERTILWISWASTED
Many Sections of Colorado and New Mexico
Visited by Excessive Eains.
RAILROADS AMONG THE HEAVY LOSERS
DIU-ln-H llrciilc Through
Their llaiiUN and Muell Vnllllilile
Acrli'iilturnl I.ami rioodcil
TruliiH ( irrutly IH-laj eil.
DENVER , Aug. 1. Colorado has been vls-
IteJ for two days with the most destructive
rains and cloudbursts In the history cf the
stale. Al Doulder , forty miles north of Den
ver , three Inches of rain fell In four hours ,
damaging crops to an Inestimable extent.
Irrigating ditches and Humes have been dam
aged along the entire length.
At Loveland the biggest ditch In northern
Colorado broke through the sides In several
places , flooding the country In the neighbor
hood , which contains well cultivated fields.
At Golden the Gulf trains are nil lied up ,
because the track up Clear Creek canon has
been washed out In several placed , and foui
bridges have been carried away.
In the lowns of Cenlral C.ty and Black
Hawk , at the head of Clear Creek , HooJs have
caused considerable ! damage to houses am' '
mining operations aie Interfered with on ac >
count of Ihe washing away of Humes.
At CatsMll , N. M. , the Red river went on i
rampage , bridges were washed cut and severa
families In the town had to lice for theli
lives. From a score of other points In tin
mountains come reports of heavy rains am
cloudbursts
The M'dland ' Termlml pis'enger trail
which left Cripple Creek last night at 11
o'clock was caught In a landslide near Gillette
letto Rill the two rear ccaches derailed. Ni
one was Injured , but the train and Its occu
pants had a narrowescape. . Tiavel on al
the mountain roads Is Interfered with , and I
will bo weeks before the damage to some o
them Is repaired.
A spscial to the Republican from Santa Ve
N. M , statps that thirty bouses were de
stroyel at Socorro by the flooj , most of tin
buildings being of adobe The heavy down
pour continued for two or three hours , diirlni
which time the waters spread fioni severa
arroyos over nearly the entire tov.n. At on
tlmo the flood was three-quarters of a mil
wide , varying from Un to fifteen feet li
depth Farms , orchards and vineyards fo
many miles along the river were almost de
stioyed The situation to lay was aggiavat >
by u Hood In Hie Rio Grande which Is hlgh < -
than before In > eais It Is out of Its bank
at La Joy a and again flooding the volley
The Atehlson railroad Is Inundated for miles
No accurate statement of the lots of lifp ha
jet been made. No trains are running sout
of Albuquerque. It Is believed thai El I'at
I" In pratlapgei. .
A News special from Albuquerque , N. M
Is as follpws A dispatch from Socorr
saysUp to S o'clock tonlglu clghl bodle
nf persons who v ere slrlcken down by Ih
rush of waters on Tuesday have been re
"oveied. The- names of the victims are :
LEANDKR O. DURAN.
TOM IHIRAN.
CELIA DURAN.
J. II 1JURAN.
DURAN.
DURAN.
In addition to these , Sefrlno Daca , gram
mo'hcr of 'he Duran children , will die of lit
Injuries Searching parties nowIn the bo
'am ' lands have found a wagon and Iwo dea
'iorse. ' ? attached to It. though nothing can I
found of Ihe driver , who IK supposed lo hav
be'n drowned. Reporls coming Inlo this ell
this evening are to the effect thai a nivnbi
of persons arc missing from towns south i
here. Points not far distant from here ai
ilmost Inaccessible , as the railroad lines ai
washed out and the wagon roads are prm
tlcally Impassable , even with saddle hoi c
II Is ex'.iec'ed ' when coniiniinlcitlon Is nga !
established thai the death list will ba large :
Increased.
A Republican special from Red Cliff , Cole
. - - An eastbound Rio
.s-iy < Grande ptsscngi
train ran Into a large rock weighing aboi
ten tons near \Volcotl lodiy , wh'lo ' going i
a good speed. The engine jumped con
nleiely over In a somersault and down a
embankment forty feet. Into six feet i
water The passengers received a sevei
shaking up. The engineer and firetnn
Jumped , both being Injured. Heavy rail
had loosened Ihe rock from a big cliff abo\ \
Ihe Irack
A speelal lo Ihe News from Florem
saysA cloudhursl Ihls afiernoan ten nilli
southeast of here caused a flood In Han
scrabble and \Vetmore creeks. The wati
was Ihe hlghesl II has been for twenty-Hi
yeirs and crops and fruit trees were great
damaged. Over 300 feet of the Denver
Rio Grande railroad's main line was washi
away at the mouth of Hardscrabble cree
six m'les east of here.
A News special fre-m Florence , Colo. , r
porls Ihe finding of Ihe bodies , of Mrs. Ca
and Lee Tracey , Iwo victims of Ihe fioi
al Adelaide. The remains were fearful
mangled and were Imbedded In the sii
twelve miles from the scene of the ill
aster. The body of Watson , the third vl
Urn. Is still missing.
A special frun Cripple Creek reports nh
miles of the Florence & Cripple Creek ro ;
gone and that H will be thirty days befo
the road can be reopened. Over fifty brldg
were destroyed.
IIVMAtii : TO H VII.IUIJ THOPI3IIT'
3
TriiliiN u Some ItoniN \ \ III Not II
Itliiliilniv for Ten ln > N.
FLORENCE , Colo. , Ang. 1 Preside :
J"hrspti of the Florence & Cripple Crc
railroad put large forces at work today r
pairing tlio extensive washouts caused 1
cloudbursts. It Is believed the road can I
reopened In about len days. The damage
rallroul and other property Is estimated
'
$ . ! 5,000. The supposed death list of elg
at Adelaide Is now reduced to three Thorn ;
Watson , Mrs. Carr and Lee Tracy who we
in the hotel thai was washed away. T !
three- trainmen who were caught In the lloi
are now said to have escaped.
The Florence & Cr-pple Creek rallroi
Iracks have been washed away for llflei
miles from a point eighteen miles south
Cripple Creek , and the read bed will hate
to ba practically rebuilt For a dlstinco
three miles north of Adelaide the canyon
_ Impassable.
A it MIne vi ) iiiinjii : ivuncivni
VaollieilltNtriirtlt Clondldirxt H
inn-tell from \e\v Me\leo.
ALBUQUERQUE , N. M. , Aug 1. Anoth
) f
cloudburst has occurred and Ihe Atlantic
Pacific Railroad company's new bridge at II
Puerco has been wrecked. Much suffering
reported by Mexicans and Email farmers w
picked out fertile spots near the water's edt
Their homes are tlosded and their flel
ruined. Hall accompanied Die rain anil t
crops on high ground are lying as fiat as If
monster roller hid passed over them. A tra
was sent to meet the eastbound train at I
Puerco. An endeavor was to be made
, , transfer the passengers ,
' ' The storm was general and the country
, n flooded at far south as El I'aso and as I
Qt west a Williams. Rumors are plentiful i
gardlng loss of life.
Railroad tracks are In places very dingi
oils and much care Is being exercised by t
cfllclala to have weak plarei closely vvatchi
lllllTaloV > omllliriiNliid Out ,
DENVER , Aug. 1. A News special frc
Iluffalo , Wyo. , says a cloudburst yesterd
afternoon caused a rise of twenty feet In
; r many minutes in Clear creek The cry h
n , and engine house were swept away also
lit twr-story building , the Knights of Pyihl
le hall and several doznn other buildings '
10 i eluding the moat Important buslucshoui
I ot lUo city.
AVIi.n PVMC iv A s-ntnr.T CAH.
Man ) Chlt'iiKti People Injured li > tin *
CHICAGO , Aug 1 A serious accident happened
pened- tonight at the chutes at Sixty-third
street and Cottage Grove avenue A car con
taining about tvvenly people * was near Ihe
lop of Ihe chute when the cable broke and
the car went tearing down the Elide of 300
feet. A wild panic ensueel among the people
In the car. and many of them , In their des
perate efforts to escape , were spilled out of
the car. The following were Injured-
Kallp Morcngard. face and head bruised ;
Trod Eubllt , left log fractured and bruised ,
may die ; M. A. Mclnernay , brul ed about the
head ; J. F. Hus ey , badly cut In the Bide ;
Miss M. Crook , right leg bruised ; Mls Min
ute Hey dt , right side and leg bruised ; C. V.
Heydt , head bruised and legs badly twisted ;
Miss S. J. Whl'e , bruised about held ; C.
Dunlap , badly battered up , in serluos condl-
llon ; Miss Maud Heffron. head and ankle
bruised ; Charles A. Schaldenbrand. Injured
about legs ; George Emerson. righl leg
bruised , Fred Sharp , brulse-d ; Mix Erllndorn ,
head cut ; J. Hlis y , lefl leg badly cut. The
Injuries of Miss Crook. It Is believed , will
prove fatal , her head having been so badly
cut thai n portion of her brain ooml out.
The car'was approaching the place at the
top of the. fcllde where the tlop Is usually
made when John I'arin , the lever man ,
found that his grip had caught and would nol
release the cable He sprang to the edge of
the platform and called on the passengers lo
Jump. The car shot past Iho plalfoim.
There * was a crash , a recoil and Ihe car. re
leased from the cable by the contact with the
limbers at Ihe end , rolled baek. Ihe pas-
bcngers wcie thrown from their seats Into
the bottom of the.botxl. When ll passed
back half n do/en persons jumped out. I'arin
caughl n woman's hand and she fell upon the
planks. The cir and Its load
licmblcd n moment al Ihe veigc
of Ihe descenl and then shot down ,
George Emerson leaped from the boal as
II was half way down and fell headlong tc
the giound. Another form pitched out ,
Then , with n second crash , louder than Ihe
first , the boit came to a standstill at HIE
bo'tom ' of thp elevator Incline and Its occupa its
were throv n among the broken beams anil
boards. There was n wild panic among the
crcwd of spectators and among the occupants
of the other cats , but the wounded were
quickly carried away by the ambulance
The slide down which the car flew Is , fully
300 feet long and Rlop"s at an angle of 3f
degrees. The people who patronized the chilli
would get Inlo a car at the botlom of thf
Incline and after being drawn to HIP lei
would enler a small boat , which would be al
lowed to slip down the chute at llghtnln ;
speed Into a large pool of water at the b-tlon
of Ihe slide. The accident occurred Just ai
the car reached the top of the incline.
AlKil MlJVr 1 % TIIIJ TVVMm CASH
I-'att * of the Two Hi-others Will Sooi
lit * In ( lie llnnils t f tin * Jury.
CARROLTON , Mo , Aug. 1 Counsel fo
each side began arguments before the Jur ;
In the Taylor murder trial today. Each sldi
was given seven hours. Arguments wil
probably be concluded In the morning am
the case given to the jury by tomorrow noon
L. A. Holllday opened for Ihe stale and mail
a mosl eloquent appeal for'Justice to the vie
tlms of Ihe tragedy. He warned the Jur ;
not to be Influenced by sympathy for th
families of the defendants. The people o
Sullivan and Linn counties wanted justlc
and not -sympathy for the Meeks family
Ralph Loiler followed for Ihe defense. H1
address , f hough eloquent , did uoY carry muo
weight. He Is a cousin of on of. thp jurors
Benjamin 1'leice , piosecutor ol Sulllva
county , followed He commented upo
George Taylor's slory of going lo Ihe btravv
staek and kicking up the stfa\v and seeln
Otis Meet : ? ' face.
"George Taylor saw the dead face of Gti
Meekb. because he knew It was there , " h
said. "He had put It thert. II was befor
, . his eyes all Ihe time. He coi.Id nol he )
seeing It. "
George sat with folded arms and undls
turbed.
E. II. Stevens of Llnneus firsl aililretse
the jury for the defense. Facetious remark
and culoglsm of Dill Taylor composed th
greater part of his argument. "I leave It t
you as business men , If he , Is not all rlgh
Why , he was cashier of a bank for a Ion
time In Drowning , and you know what
bank cashier Is. "
Sidney Miller , prosecuting pttorney fc
Carrel county , followed He spoke shortl
and lo Ihe point and asked for Justice only.
OHIO POI'l LISTS AUK IV
Cot ( * > NupiioNftl tti lie n KiiMirltc t'ai
illilatt * for < o\ci-iior.
COLUMI1US , 0 , Aug. L The popull-
state convention met here today. The part
In 1S93 cabt 15,500 votes and this year 49,50' '
Hugo Prcyer , a leading Ohio greenbacke
when the greenback party was in existence ,
chaliman of the slate committee and calk
the convention to order.
H" reported an empty treasury , after a
expenditure of $2SO In distributing "leallei
on the silver question , Senator Jones' speed
notional bank and bono swindles , " etc. , ai
called upon the GOO delegates for flnancl
help.Four
Four women are present. The conventlo
Is a line looking body and J. S. Coxey , ll
pcofes-ed candidate for governor , U the'cenl
of Interest
Gcorg ? A. Greet of Cleveland Is lemporai
chairman , and T. J. Creager of Splnnfle
secretary. In his opening address Gioi
btepicd between the factions tepres.ntc
Silver was not mentioned , but ho declare
his party was the one to right the wionf
of Ilia people. The usual convention con
mlttecs were appointed. Mr. Preyer. al tl
end ot the first round In a parllamentai
fipht , succeeded In vvinnln ; ( list blood I
have his committee continued another y > a
ST1TK ( 'OMITS T\li ; A HIM ) .
liijiiiictlon lii tin * \Vlil-.K > TriiNt Sal
iHNiied In NIMV I urlt.
NEW YORK , Aug. L The llligatlon affec
ing the reorganization of the Distilling at
Catllcfeedlng company Ins been Irunsfern
from the Chicago courts to the supren
court of this city. A temporary Injiinctli
was granted by Juugo Morgan O'Hrlen
the supreme court . hanibers toQay upon tl
appl cation of Guggenhelmerj Untermcyer
Marstull on b ° liHlf of Frederick W. Anne
and George Plnchon , who o n 15.000 shar
of stock , restraining the re-organlzatlon coi
mlttce of Hie trusl and Ihe Manhattan Tru
company. Judge O'Drlen'a order enjoins 11
of company or any of Ihem personally , throuj
their agents or attoinsys , from bidding upi
or acquiilng the properties of the trust und
the reorganization agreement , or from takli
any action whatsoever by reason of the ti
leged ownership of any stuck tor money d
posited with Ihe Manhattan Trust compan
The liltpr company Is enjolnefl from dUpe
Ing of any of Die moneys or securities whli
are on deposit with it. The Injunction Is a
loU companlrd by an order requiring the reo
U ganlzat'on committee lo iihow cause i
10 Wednesday nexl why Ihu lijuncllon shou
10e not be contlnit ° d , pending the trial of il
e motbi : to prevent the reorganization scheni
Is
' " JIKSM.T 01' TIIIJ MIJNOMIMJIJ mil
a
In IN | ( of l.oNxeH anil I'roluilile Aiiioui
of liiHiiraaee ,
MENOMINEE , Mich. . Aug. L The fi
was finally ext'ngulsheJ ' today. A s near
*
can , be ascertained , the follow Ing are qul
e _ near the correct figures on the losses :
A. Spies , lumber , yard , { 75,000 , no I
surance. Glrard Lumber company , $00OC
Insurance , $43,000. Mencmlnee Day She
company , lumber , $125.000 ; Insurance , $10' '
000. A. W. Clark & Co. . , match factoi
$ . ' 0000 ; Insurance , $ .20,300. Crawford Man
m factoring company , stock , $4,000 ; Insuram
> > ' $1,500. Michigan Fuel company , etoc
$100 ; Insurance , $ lfno.
ill Not mere than ( our residences were el
stroyed , which , toge'hcr vvlih other bull
Ings and properly , will probably Incrca
the loss lo the e\tei.t of $25000 'o $30.01
es and the grand f > tal vv'll ant greatly exce
$350,000.
IIOST1IFS IIAYF D1SAPPFA11FI )
IlUOllhLO IlU lj 17101111 JuUllLilS
General Ooppingor's Ooinniaml in the Wilds
of Jnckton's ' Hole.
INDIANS ANXIOUS TO ESCAPE TROUBLE
cltliipr Hack to 'I'lli-1r UeNer\ allen
UN I'liNt IIH Tlii-lr I'tinli'M \ \ 111
Cnrrj Them SI-OIIM | lleiiort
All Sei-iu-t * .
MARKET LAKE , Idaho , Aug. 1. ( Special
Telegrim. ) General Copplnger's command Is
camped on Mcosc creek , twenty-six miles
from Mirysvllle , tonight. The expedition
will not reach Marysville. Its objective point
until Thursday. The quartermaster's de
partment has twenty-two four-horso teams
each hauling 3COO pounds of forage. T <
cross the range Into Jackbon's Hole \\il
take at least two dnys.
It was reported to the commander toilaj
that a pirly of the Jackson's Hole settlen
had gone out to attack the Indians In Ho
back canon , where they had been locates
by scouts. When the location named by tin
scouts was reached the Indians had dUap
peared. The report Is not credited , as It I :
iclleved lhr.l lnco word was sent to tin
ettlers by General Stiller ad\lslng them t
let strictly on the defcnsl\e , there has beei
10 hostile tno\ements of any kind on th
> att of the whites. This came by courle
roni Jackson's Hole.
A later dispatch reuls : Cavalry troop
reached Jack on's Hole this e\cnlng , camp
ng at the fcot of the Teton range. Seventy
he people arc still occupying a fortlllei
louse near Murysvllle , but a number hav
returned to their ranches.
REPORTS OF SCOUTS.
Fcotits came In todiy who \\ere sent ou
'our days ago , reiiortliiK no signs of Indian'
\ party of hunters came Into camp who ha
tra\eled for 200 miles from Dullols acres
the head of the Wind river , through the Gro
Venter mountains , and through the countr. .
c.ist and north of Jackson's Hole , seeing n
Indians.
Major lilsbee's command Is at South Tor
irldge , sixteen miles from Market lake
Orders were sent him this morning to remal
n the Tcton basin , It being certain that th
nfantry will not bo needed In Jackson'
Hole. The Indian scouts with Copplnger' '
command will go Into Hoback canyon tcda
and tiy to locate Indians. If any arc foun
i conference will be held with them b
Agent Teter of Fort Hall reservation. It I
thought , however , that none will be foum
and that the } have baen slipping bac
through the mountains to their reservation
Mnce the news reached them that the troof
were In the country.
T\VO MKN TIIOKillT TO III : KILLl ? !
I'nrty < f I'l\o Went Out ami Oiil
Three Itetnmeil.
SALT LAKE , Aug. 1. A special to tli
Tilbuno from St. Anthony says : The peep !
of , this and surrounding towns are still vei
much excited over the Indian scare and evei
hour brings fresh rumors. Last evening
young man named 1'aul came Into town an
declared that another small band of Indlai
with hquaws and papploses were making the
way toward the Hole , a fe.\ miles north i
this town. On the strength of this stati
mcnt llaxtcr Hopkins Immediately left hci
on horseback for the purpose of verifylr
tno report. Ho went as far north as Mary
\alo , twenty miles , and there found the EC
tiers In a Mate of wild excitement. It
did th'e settleis have organized thomsolvi
a'ld are now taking eve"ry precaution for the
own safety. Guards arc out day and nigh
Indians have been seen In the vicinity <
Marysvale for tno or three days past and Hi
men were delegated to ascertain what tl
Indians were doing. The understanding b
tvvccn Ihoso men was that they should me
at a certain cabin In the vicinity and at tl
appointed time when three of the men a
preached the cabin In question they notici
Indians surrounding It , who at once cor
menced firing It. The three men retreati
and returned to Marjsvale , but Wilson at
Captain Harris , who were among the fiv
Imvo not as yet returned and It Is lean
that their lives have been taken.
A special to the Tribune from Maiket Lai
says , A courier Just In from Rexburg ta
two white men were Killed by Indians ye
tcrday on the Trail creek , this fldo of Jac
son's Hole. The mall carrier between Jac
son's Hole and Tcton basin Is * thought
have been killed by Indians. When last te <
ho was crossing Teton'divlde.
MATTHII IIIIM < uiriuiti :
Set-rotary of the Interior In .Vo Hun
to IiiNtriift lleeK" .
WASHINGTON , Aug. 1. ( Special Tel
gram. ) Secretary of the Interior Smith w
at the department today , but his time was
engrabsed with other matters that he w
unible to consider the Omaha and Wlnneba
matter. It Is paid that no action is likely
bo taken until after the disposal of the I
Juncl'on ' Issued against Captain Heck. Shou
the agent be endorsed by the decision the
will be nothing for the ofllclaU here to d
but If the Injunction should be sustained Ca
tain rttck would be advised what course
pursue. Secretary Smth expects to lea
Washington again on atuiday and may co
clu le to defer conbldcration of the nut'er 1
definitely.
WJNNmAGO AGENCY. Neb. , Aug.
( Special ) The legal lessees of Wlnneba
lands , who were formerly lessees of t
Klournoy company , met today at this pla
and formally adopted the following resol
tlons and pet'tlon ' , which were sent to t
War department at Washington. Of t
sixty-eight names signed to both , barely
dcz n had knowledge that an investlgatl
\va8 to bo held until after the congrcssm
had departed These are the strongest rei
lutlons yel adopted , and contradicts t
statement of the Flournoy company that
was Impossible to get leases from Caplo
Deck :
We , the undPFlgnod selllers upon t
WlnnelMKt ) riht-rvnilon , iltslru to cxpu
our views upon the present status of i
fulr-i exlsllrg on this reservntlon for the I
formation of the honorable secretary
the Interior.
Whereas , We were formerly lessees
the Klournoy Live Stock mid Heal IM i
c'ompiiny < if render , Nel > . but have. Mil
the arrival cf Captain Wlllium II. It-
Tenth cavalry , acting United States Indl
u e-nt on thy Omaha and Wlnneb.igo 1
dian rcFcrvatloris , rellnqui-hed nil right
huth lean-i and have iPleat-ed our la
through the proper authority , and ve cc
Hide i that our action In so doing la the 01
inoiioi method to puisne .
That the departmental syf-tcm of leapl
Is the only proper miinni r In which th >
la nls should be hat-id , giving tecuilty
bi 111 le-i < sto und lessor
That wu know that prior to the time
the p-enent adinlnlstrntlon that the Indln
leevlve-d veiy little , If any , pay for th
lands , and that we paid the supposed co
l > any In sums lunging from $1 to 5-'W i
the cultivated landc.
'I hut we have been trpatPd courteou' '
and respi-ctfully by the agent while trai
aittiiK our business at d's ' olllce , und wu I
Slevei that all the lessees of tlilH puppet
comp'iny huvo received the t-ame titi
Tli.it we believe the meeting1 held at I'l
dp ! bv the congressional committee v\
solely for the purpopo of having one a
y. of the. case heard , us we were not request
to be present und Knew nothing of the p
coe < 1ltibn.
From what we can learn of the suppoi
Investigation wo believe It to have been
farce , an very few. If any. of the go
law -abiding citizens of and now- upon t
reservation were present to refute the
tnc-kH made against the otllclalH at i
agen y and we firmly bellevo that i
above mentioned meeting was a lire me
luted affair , gotten up colely for the p
wij of these people gaining time In or1
Hint the bankrupt company mid others holdIng -
Ing notes given by tin- actual settlers
might IIP colle-cted , nnd we fall to pee
wherein the llllets of the soil will be ben.
elltPd by paying away their hard earned
money nnd receiving 110 bene-llt therefioin.
Till- agent has given the best advice pos
sible to each and every settler who has
nought his raun'el , telling them the out
come of HIP tioublcs nnd advising them to
lease properly and "bowing them wherein
they would lie benefited by bo doing.
\ \ e know that many of the mill-lessors
of Ibis uppo ed iiini | < aiiv have1 be in misled
by the otlfcori of mid company ; through
tinrati and falsehoods this ( ompan.v has
inlnrepre pnted Ihls inuttei thioiiKlnut nnd
has owed murli vv 01 ry and trouble by fo
doing. Thprefoip , be II
Resolved , That we. flip iindrrslgiipd sri.
tlet" , thoioiiKhl ) endoi e the action of the
I'nlted States KOV eminent and Its agent ,
C.iptaln William II Ueek , In tlu > procedure
taken In legard to lending these lands ; and
be It fuithei
He olved , Thai n copv of tbpse u--olutlnns
be sent lo Ihe honorable tciretniy of the
Intel inr , tlirmigh the bonoi.ible eonun1--
nloner of Indian affairs , with the lequest
llial II be laid lipfero the countess < > r the
Putted Stntps , If Hie malter N brought to
Us nlteiitlon by the late conKipstlonnl
delfgallun , as It stated It would be.
Signed- Join Hue , Joseph Kartell * , Pinnk
ntlttM. T. M Itlei' . J W AlllMimh. A H.
Ne-llsun. William 11 Meiiy , lltehatd Elrll-
ler , John R.atirman , Prank Kublk ,
Joseph Dvoiak , W 11 Hulls , I )
A HuttP , T. P. Hutts , J E Mutts , C1
W. Hulls , J A HareO IHie
Adolpb Hi.ttihe-n , Joseph Amrle-n , d t !
\\beeier O .1 Jin-dan John Jordan. J H
Porter , \"el T. l tiiii | 11 LiniRniiick , Jiiinei
Monler. J In Unttin'h , Htnry Singnrd \ .
P. Tims ctt. P O Fl ih er , E , E Peen-y.
Cliuile-s Arlehbni'ker , Peter Itlooni nnd
UI'IPM whepbo names will be b-.ought In
Int r.
IJ\itrltnre | ot SettltTM.
DECATl'R , Neb , Aug. L To the Editor
of the Hee : In justice to Captain Heck ,
acting Indian ngenl for the Omaha and
Wlnnebago tribes , we deem It proper at
this time to say : In June , IS1) ) ! , we Icised a
tract of 1,000 acres of land from the Oman-is
on their reservation , and accepted and be
lieved the lease to bo valid. Wo found It
dllllcull to get nlcng with these lea es , and
In u few months afterward wcio notified tc
appear at the agency and mike our leaves
tl'roug'i ' Captain Deck. In company with
the Indian owners of the lanJ , we went tc
Mr. Heck'ti olllco nnd received new leases
from the Indians , approved by the agenl
During Ihe winter of ' 91 some unknown
pirty or parties reported to Captain Heck
thai wo lad violated the conditions of our
leases , and In March last we were again
notified to appear before Captain Heck and
show cnuso why our lea'es should not be
revoked. Investigation showed thai othei
parlies had made appllpatlon for somc-ol
our leased lands , and thil Captain llecl <
discovered their mctlvc In mlsreprescntlni !
u i , and hence refused to revoke our lease ;
and approve a lease to them.
We hive no acquaintance with Cap'a'j '
Heck other than in the above mentioned
transactions , but are firmly convinced thai
hes \ acting In fairness to the Indians ami
the lessees of Ihelr lands
II C \WTP.LL
JOHN W. UOQCUS.
CVM1HiV IIIH'OMIM ! A I'XIU'IJ.
Si-ttlei-M Ct-ttliiK Over Their Si-art * ami
Itetiirnlitf ; to Their Homes.
CHICAGO , Ang L The Record's corrc
spondent vvllh the Iroops in Wyoming wlre-
lonight as follows- General Copplnger'i
command crossed Ihe Teton range ypslerday
going Into camp on Fish crec-k , in the Snaki
river valley , ten miles from Marygvulc
The latler point was reachel today. Tin
campaign against the Indians is becoming
us one of Ihe officers high In command ex
pressed It : "An amusing farce. " The set
tiers In the valley of Jacl-.bon's Hole an
still living at the fortification establish" !
near Marysvalc. A number , however , hav <
returned to their i .inches. Scouts who havi
been out In the mountains south of Marys
vale for five days , returned today and re
port no signs of Indians The commapi
met a 15-year-old boy cairylng the mall o
the Jackson's Hole country ovei the Tetoi
mountain to Maiket Lake. He had seen , i
weik ago , two Indians , unarm ° d , gelling ou
of Ihe counlry as fubt as possible Thes
were the lemalnlng members of the bam
ai rested for killing game , who escaped fron
the guards General Copplnger's comman ,
moved to Marysvale this afteinoon , wlier
a conference was held with the Indian"
Indian scouts In the command will be s n
out Into the mountains and if any Indian
are found , Agent Teter of Ihe Foil Hal
agency will hold n conference with them w I
a view of hiving them retiiin to the agency
IntllaiiN l ( et uriii UK ; tu tlit * HeNerv atloii
SALT LAKE , Aug. 1. A special froi
Soda Springs , Idiho , to the Tribune suyj
One hundred and fifty Indians , are campe
rll Hear river. Iwo miles easl of town , bu
there Is very little excitement The Carrlbo
stage driver reports that 200 Indians ar
camped on Willow creek , thirty miles froi
here. They came from Jackson's Hole nn
are bound for the reservation They profes
Ignorance of any trouble with the whltei
> n Many settlers who came here have starte
back lo Ihelr ranches.
I ) Tr < ii > | iN Kilter .IIII-KNIIII'H Hole.
DENVER , Aug. 1 A News special froi
Cheyenne , Wyo. , says- Adjutant Genen
Stltzer loday wired Governor Richards Un
the troops had Ju t entered the Teton pai
is enrouto to Muiysvale. Ho stated thai a
was quiet. Inspector General Woodruff , I
whom was referred thp appeal of the peo.i
at Lewlston and South l'a s for arms , r porl
that IIP has spnl a rpliable man Inlo tl
Sweetwatcr country lo Invesligalo Ihe coi
dlllon of affairs.
TrotipN CI-OHK the Tetnii ltnn > ; e.
WASHINGTON , Aug. L A telegram r <
etlved at the War department today froi
.General Copplnger states thai he had crobs > e
Iho leton range vvllh his command yeslei
day The dispatch was forwaided by courli
to Markel Lake Telon range Is lwenty-Il\
miles from Jackson's Hole.
> IHH.IUH.MU
1C
cen No ( 'lew to ( lie VremllnVoimm I.oi
nIP IIIH ( VVeeU In lloNtoii.
IP
IPARCADIA , Neb , Aug. 1. ( Sp clal TP !
giani ) J , W. Landers , who went from hei
to Hoston len days ago lo make an effo
lo solve Iho mysterious disappearance
Mrs. Gardiner , the Arcadia woman who vvui
as a delegate to the Cbribtlan Endeavor coi
In ventlon , and who has not bine ? been lieai
from , hail'about given up In despair. li
hlarted to return home , but upon his arriv
al Springfield , Mass , bo leeched a lei
gra/n from the Hostqn authorities aakin
. him to return at one" , as they had dlscoi
ercd the Identity of the woman Hrown , wl
Ind sent the Information thai Mrs. Gardini
was dead.
No blame Is attached to Mrs Gardlm
hereas'both she and her husband are pu
hearted , zealous Chrlslhns. Their relatloi
nlo have always been of the most aflecttona
id character.
Toolc mi Ovei-iloHe of Morplilne.
CINCINNATI , Aug. L Mr. GeorgeI'e
IB se kins , who until a > car ago lias been tl
ll ) Cnqulrer'n Railing editorial writer , w ;
found dead In his loom at tlio Grand hot
flf
about midnight. Ills death Is believed
have been caused by an ovordobo of mo
nor phlne , to the u/o of which he Is nald
or Inve been addictd at times. Ho was
ly native of Pennsylvania , se-rved on Gcner
IS- Geary'8 stuff at Gettysburg when a me
ISed bay. Ho came here fully twenty yearH a
ed from Kansas City , where be had been e
11- gaged In editorial vvoik His first work be
11n was on the Evening Times , under the ma
n-
nii8 agnicnts of Messrs. Eggpton | and Sam !
dp His last work was for a se-i PS of years on t
Enquirer , Ho leaveti Iwo young cblldre
Illti wife , who died a few years ugo , w
od the daughter of the late Harvey Myurg
Cuvlngton , Ky He was about 45 years ol
Seivants at the hotel say that they ha
llH been unable to get Into his room for t\ \
Ithe days Ho undoubtedly committed BIIICU
he Hti left a pathetic letter Baying Ills li > il
h II was gone tin eyes bad failed his power h
ir- ' left him and this last re-'crt was 1'
lorj humiliating than dependence en tils relatlv
r \ vTO \
! < \\Al \ \ 1U
Dispute Oonconiing tlio Omnlia Police
Boanl Must Go to the Courts.
WHERE THE AGITATORS ARE WRONG
Covertior lloleoiuli I'oliitM Out tlio
MlNttiUi'M III Seelnl Inlliiiiiiiiiittiry ;
| ! | IHI" < Mlljnrs , Ctiiifelllll mill '
Itllssell Dcinntiil n MeetlliK.
LINCtLN ) , Aug. 1 ( Special ) The gov
ernor today sent to Kind Commissioner
Russell and Attorney General Churchill tlio
following letter :
LINCOLN' , Neb. , July 31 Hon. A. S.
Churchill and Hon. H. C. Russell : Gentlemen -
men In order that no mlsundorstiitidlini
may exist , n brief icply Is requited uf mete
to your recent communications with relation
to the nppolnlmenls of members of tlio Iloaul
of Plro and Police Commissioners for the
city of Omaha , under the recent enactment
of the last legislature.
A short time ago I addressed to you a
calm and dispassionate st.itumcnt. In sub
stance calling your attention to the fnet
thai the validity of said act was soilously
questioned by leputablo lav.ycis ot gooj
stanellng who claimed ) to have made a
thoiough examination of the same and tint
the members of the present lire and pollco
board had avow el Ihelr Intention of testing
the- validity of said act In the courts butoro
iwrrendPting the cilices to which they hail
been appointed , and asked your co-opcr.ul-u
In obtaining an caily decMon of the mooted
question from the highest Jull'-lil ' tribunal
of the state. 1 , likewise1 , called yom at
tention to what I conceived to be th ° btato
of affilrs existing In said city anil the prob
ability nf troublefioin a conlllct of authority
In the event of two contending foiees caeli
claiming to exercise the functions of sulil
ofllco Applying to this you addressed to
me communications t-xtiavagant In their
sti-'cmi-nls and liulil In their character , ai
though some gieat calamity was about le >
occur by icason of the submission of a legal
controversy to the judicial tribunal , con-
Ktltutul for the purpose of settling all con
troverted questions between cltl/ens of tl > e >
state , and you alone stood In the breach and
piesnmlng unsought to advise me as to my
dutlra as chief executive In a matter about
vhlch your actions hue caused me to be
lieve vou tu be unable to give lmpartl.il co i-
slderatlon. My attention has likewise bePii
pilled to an undignified diatribeof slmllnr
rh.il actor published In an Omaha paper by
an attorney of the city of Omaha , under
taking to define the duty of the executive In
this in ittcr.
SOME REASONS FOR HIS STAND.
The position taken by mo has seemingly
been lotiontuil In one of these communications
as casting an aspersion on the citizens of
Omaha und Implying thai Ihere was no
foundation for the precautionary measures
suggested by mn for the puipo e of flirc- |
ventlng unseemly trouble and cuntioveisloi
In ( his disputed mailer. Shortly after my
communication to you , just referred to , a.
petition was received addressed to the ap
pointing board under the law-
new lawslgnul hy
men of unquestioned conservatism of char
acter and rare business Judgment , represent
ing heavy piopi-rly Interests In said city ,
calling our attention to the fact that n ,
grave condition of affairs exists and request
ing that we act with caution and take such
steps as would bring the subject to the at
tention of the highest judicial tribunal of HID
state for an tally adjudication. These men ,
doubtlets. look this btcp with a kno-.vl dgo
of the situation and a conviction of the Im
portance of wise and Judicious action on the
part of the appointing board This docu-
inenl conllnns Hie posllloii taken by mo
and Is a complete answer to your eommunlca-
llon In this rcspcet.
1 beg to cill your attention to a few facts
which me too patent to lequlie discussion or
amplification , and which you have seemingly
enllrcly overlooked , cilher purposely or be-
caiibo of a misconception of the question
piesented by this controversy. Year position ,
as I understand It , Is that the provisions of
the new law are to be enforced at all hazards ,
without regard to conflicts of authority , not
ing and prolnblc bloodshed , and , In effect ,
asking me as chief executive of the state to
use the authority entrusted to mo by the
people In order to accomplish th.it purpose.
I must earnestly call your attention to the
fict thai In the administration of affairs
ample provisions have been made In pur laws
for the settlement of disputed questions with
out force and violence , within the repnlarly
constituted and established Judicial po-ver of
the land , and It Is a privilege at the com
mand of every clll/en to have his grl"vanresj
redressed and his rights established through
the tegular channels of the courts thus con-
itUuted , and the chief executive , with all the
power at his command , has no authority to
enforce these Mippo Fd rights , where lilies to
olllco aie illipited , until the regularly constituted -
tuted Judicial tribunals have passed upon the
lilies to the olilccs In question. Any other
course would be anarchy and revolution , of
which you speak so freely. .
PRESENT HOARD HAS RIGHTS.
Another question which seems to have es
caped the observation of those who are In
sisting on the enforcement of Ihe provisions
of the act In question , icgardlths of the de
cision of the eoiirtH , Is the fact t'at Iho
presenl Iloird of Klre and Police Commis
sioners IR In peaceful possession an 1 exer
cising the functions ot the olllco to which the
members have been appointed. And , when It
Is claimed by them upon reasonable guunds
that others are about to usurp without war
rant of law the olllies held by tlu n , they
have the right to Imvu the question iritlrd ,
nut by force or violence , but in a peaceful
regularly conducted trial In the courts ot
justice of the state ; and until such question
is determined , the right by llit-m to maintain
their olilce In pcico cannot be que-tl. ed ex
cept by the advocates of lawlessness ami
lawhrctlurtt. In the.jp communicallo s II ap
pears to IIP assumed thai 11 Is my duly i.s Iho
chief executive to oust from Ihelr olHco Iho
I re-seal police commissioner ) ) of the cllv ot
Omaha and to Induct Into olllco the commis
sioners who may bo appointed under tiie new
law. It is not the duty of the exeia 've to
put one set of t-IOi-ers out and another In
until the courts have determined who are
rightfully entitled to the otllcp
Information has been placed before mo
from which I judge It to be the purpose ot
the prPbeit commissioners lo hold l'ier ' ! of
fices until the courts determine the validity
of the lawThe question as to whe her they
are justified In doli.g this Is a matter whlcli
I cannot control , and which properly b ° longs
to the courts , to which all peaceably dlsposce !
clll7cns should appeal for sotll-jnr- . This
condltl'-n confronts us , und the only qu stlon
Is whether Iho presenl Incumbent s'l ill bo
ousted by force , which II is feared v111 lead
to rioting and other forms of lanl" < Fiiehs ;
whether a new board shall atlemp * to exer
cise ( ho functions of the olllca wvliout an
appeal to the courts , thereby bringing on a
c inflict of ailthorlly with Its alien lant evils ;
or whether fie rights of the pre-un' Incum-
bciiU shall bo delermlned by process of lavr
In a court of competent Jurisdiction In a
proper proceeding brought for the purpouo oC
testing their title to such olllce. H seems to
bo the Impression among some that the
former Is desired I prefer the latler. Even
Iho criminal , to whom you refer , Is entitled
to his day In court. That there may bo no
conflict of authority and no breach of the
peace , so long as I am chief executive of Hid
state , my purpose is that all questions of
this character shall be submitted and decided
by the proper judicial tribunal of to ) land.
MUST HE SETTLED IN COURT. '
Ily the lerms of the Blulute the attorney )
general or commissioners vho may bo ap
polntpil under the new law ard
the proper persons who can prop
uf erly Institute quo warranty proceed *
Ings to determine the validity cf the act.
The attorney general has refuted tu Instlluta
such procc-cdingii , and you have refused to )
cooperate with tno In an agre-Ml case la
have this ma'tcr dclcrmln d Th n I be *
id llf-vo to bo the proper melliods it J ne ol
ida. th'-m should bn ad pt d I have u 1 every ,
a. proper and reasonable effort to huvo the mat *
