THE OMAHA DAILY llM- lli K *
ESTABLISHED JUNE 10 , 1871. OMAHA , TUESDAY MORNINGXJECEMKER | 2 ! ) , 1800. SINGLE COPY" FIVE O ID NTS.
SAGASTA SEES NO CHANGE
Leader of Spanish Liberals Talks of the
War in Cuba ,
POINTS OUT THE MISTAKES OF CANOVAS
I'lililli ; Opinion KnvorH llu > Prcmlcr'n
1'nllvy ami Itoinrrii llnlri-o SajH
' Jldiiic Hull * In III * ; Antilles
In
( Copyright , 1SOC , by Vttm I'uljllMiUitf Comimny. )
MADRID , ( Via. Ilayonno , France ) . Dec. 28.
( Now York World Cablegram Special Tele-
gium. ) Senor Sagnsta , the chief of the Span-
Isli liberal ! ! , mid to mo today : "I certainly
do not think that matters arc much Improved i
In Cuba. Macco'H death him not produced I
much in the way of political or military re- J
hilltn up to the prcecnt time. The liberal j
party bcllcvcH that political action In the
West Indies would have been very useful
at the beginning of the Cuban Htrtiggle , nnd
even now , would iiowerfully aid the mili
tary efforts. I think that both political and
military action ought to hnvo been com
bined with diplomatic efforts In Europe , and
especially In the United States. I cannot
BCD why our government did not welcome and
discuss the diplomatic advances of the United
States , particularly If such advances nro ad
mitted to have Implied nothing detrimental
to our rlghta In. the West Indies. The liberal - '
eral party , before going out of office Induced ;
the Cartes to vote the homo rule reforms , I
which our BUCCCFSOIII ought to have Im
planted In Porto Rico at least , to convince !
Europe and America of the sincerity of our
proclaimed Intentions In regard to the cole
nies. The same reforms should have been
applied to Cuba and also the tariff reforms
wo obtained In the Cortes. The carrying
out of these rcforiiM ought to have enabled
the prison government to avert all con
flicts with America. "
Senor Sagasta assured me that ho and the
liberal party have been , and still are , most
anxious to create no difficulty of the gov
ernment nnO meat desirous of co-operating
In the pacification of Cuba.
BELIEVE THEY ARE WINNING.
I have carefully explored the drift of pub
lic oplnloni In the last few days and have
consulted many Spanish statesmen and gen
erals In regard to the present condition
of the relations with the United States.
Rightly or wrongly , their almost unanimous
opinion now Is that Spain's position line
been much Improved lately by the tactics
of Premier Cnnovax , who practically has
obtained from the American State depart
ment and chief magistrate very much more
than ho hns ever given In the way of con
cessions on minor points , like the claims
of American citizens In Cuba , or even In
very indistinct and uiulcflncd conditional
promiius of distant reforms of the West
Indies. But Spaniards think that Premier
CanoviiH has obtained from President Cleve
land In the mes.iago to congress , and from
Secretary Olney , In his statements to the
sena'o ' committee , admissions and argu
ments that very much strengthen the Span
ish cane In the eyed of Europe and Amer
ica , and that naturally will bo binding upon
tln > successors of Mr. Cleveland and Mr.
Olney , bctth as regards recognition of bel
ligerency nnd the Independence of Cuba.
The Spnnltirds also think Senor Canuvas
has clearly proved that the American ex
ecutive' nml the conservative and moneyed
caxfcs ! in.vlho United States are unwilling
to rink n conflict or a war for Cuba. They
are convinced that Canovas has thus nccurcd
n positive truce until March , with every
prospect of even longer delay by the Amer
ican government , which will give the Span
ish generals tlmo enough to clear on the
surface the provinces of Plnar del Rio , Ha
vana and Matanziuj Milllclently to furnish
the government with the desired opportu
nity to proclaim that Spain will begin to
carry out reforms In Porto Rico and Cuba
after the decisive success of her forccn ,
not under forelgtn pressure. The Spaniard. !
are exceedingly proud to see that Senor
Canovas has ahowu more resolution In his
controversy with the United States than
Lord Salisbury exhibited. They say Senor
Canovas hns faithfully reflected the na
tional feollng In Intimating , publicly In
Spain ami by diplomacy to President Cleve
land , that neither ho nor the Spanish gov
ernment would risk the prestige and stabil
ity of the monarchy by tiubmlttlng to the
Intervention ur medium of thu United
States.
Laet. but not least , they say that Scnor
Canovas has thus strengthened his own
position at court aiixl In oillcc , as ho has
made It next to Impossible for any prob
able successor to enter the councils of the
regency with n program of surrender to
American dictation or a very expensive homo
rule policy In Cuba , or of too much con
cession to American trade.
ROI1LEDO SEES NO SOLUTION.
Ex-Mlnlstcr Romero Robledo has kindly
gruntvtl mo a formal Interview.
"My opinion , " he saW , "Is the military
aspect of the Cuban question Is decidedly
Improved under General Wcyler , but we
inuxt wait to see the results of his military
promciudei in the province of Plnar del Rio
K-foro wo can judge the. present outlook , as
the death of Maceo , up to the present , has
not made much effect In the attitude of the
rebels. I don't think there Is much ground
yet for believing bis successors or the
whlto chiefs ot rebellion are disposed to give
In , nnd I certainly belluve that they would
tint submit if promised any kind of auton
omy. OH they are fighting for Independence.
1 don't bcllevo reforms or autonomy arc
llliely to Improve our prospects In Cuba ,
but 1 am firmly convinced the Cuban con
servative party will grow and adhere to any
policy which the government may deem fit
to adopt to hasten the pacification of the
Island nnd maintain Spanish rule there.
" 1 also think our Spanish conservatives
and manufacturcrx and agriculturists and
all homo Interest will accept even tariff re
forms which are detrimental to thc-lr export
Irudo and favorable for Cuban and United
Stales Interests. If wo ran ( him re-o.stablldh
peace and consolidate relations between
Spain and Cuba , our greatest dlfllculiy. even
after pacification , would bo the restoration
of Cuban finance. We cannot appeal to or
expect much from direct taxation uor any
tariff reforms or treaties with the United
States , which naturally affect the Cuban
ctlDtoins revenue that barely sulllced to pay
the face requirements of Cuban debts be
fore the present Insurrection. How , then , Is
the cost of ( ho present utrugglo and pacifica
tion to bo met , except by a heavy burden of
tax for Spain during many years ?
"I positively compiler It exceedingly dif
ficult to prevail against the repugnance o'
the Spanish people nnd press for any foreign
Interference and for any recognition of
American pretension to play a part or se
cure pledges from Spain -In iicttlemont ot
the Cuban question or in fixing the con
dition * of colonial autonomy. "
Scnor Romero Robledo Is considered In
Bpaln ibn principal wirepuller of the con-
Bcrvatlve party In domestic polltlcK In the
l.lngdom , and hitherto even In color.lal af
faire , and ho Is the exponent of the vlown
u ! the Cuban conservatives. Especially Is
ho credited with great Influence over Min
ister Canovas , Though no longer a minis
ter , ho has been Senor Canovas' colleague
In several cabinets. He always opposed
laorno nilo.
APPROACHES AN UNDERSTANDING.
An evidently Inspired editorial In the
Epoca today , forcBhadnwIng the poMlhillty
of an umlcrtitandlng between ttui Spanish
government and President Cleveland , baa
caused a profound sensation in Spain. La
Epoca , the principal organ of the canncrva-
tlvo party , now In power in Spain , cajo :
American Intervention in Cuba IH per
fectly logical on the grounds of national
InltMCHlH and imtiuul feiitlmcnt. It mltfht
become n necessity of Amriloan home poli
tics and would eventually be to tin- Interest
of our own county to avoid a conflict while
wn ean do so with honor , iiuilntulnlm ; our
Jlgnlty ( iiul FoverelKiit } ,
The prcnvnt cffor'R of Spanish diiiloni.oy
re all alitK'J , U in asserted lu diplomatic
and political circles here , at convincing the
American State department that exigencies
of domestic politics make It Impossible for
Spain to enter Into any formal agreement
or convention with the United States for
the settlement of the Cuban question.
Strenuous ertorta are being made by the
Spanish and other European governments to
prevail upon President Cleveland to bo con
tent If Spain assents tacitly only to his In
terference and satisfying American opinion
for the tlmo being by the voluntary anil
prompt Instituting In Cuba and Porto Rico
of the reforms voted by the cortcs , on the
understanding , however , that Premier
Canovos will nsk the cnrtps thla year to
authorize a complete colonial autonomy ami
a reduction of colonial tariffs , lo prepare
the way for a reciprocity treaty with the
Un-itcd States.
The Spanish generals agree that It is pos
sible lo reduce the Insurrection In Cuba to
the three eastern provinces In a few months
with tha forces now In the Island , hut they
8han > the opinion of General Weyler that
complete pacification of the Island would
require n much longer time unless the rebels
nhould bo convinced that outi-'ido assistance
Is sure to diminish In c-.nssquonco of the
Spanish government coming to an under
standing , even unofficial , with the United
States to settle the Cuban question.
ARTHUR E. HOUGIITON.
SAYS Ais'n7i.v ; is iir.in.Mi SPAIN.
M. lie Illoullr. Springs Another Sensa
tion lli-KiirdhiK Culm.
LONDON , Doc. 28. The Paris correspond
ent of the Times this morning renews hla
surmises regarding opposition by European
powers to Intervention by the United States
In Cuba. He Fays : "The Austrian court nnd
the government have long been uneasy over
the attitude of American jingoism toward
Spain , and such uneasiness has long been the
subject of diplomatic talks. The queen re
gent of Spain Is ono of the most beloved
princesses of the Austrian house. The love
and respect she has won from the Spaniards
have strengthened the affections reserved for
her In her own family , nnd there will be no
hesitation In demonstrating that affection
whenever It becomes n question of defending
the Interests of the country whoso honor she
protects with unmixed enthusiasm , and
which has become as dear to her us If she
had been born on its soil. "
The Times' Paris dispatch further reports
that the Temps remarks upon the Cuban sit
uation that military successes nnd the at
titude of the United States should facilitate
concessions by Spain. "It would be tuct-
ICES. " adds the Temps , "to spoil the situa
tion by explicitly suggesting to the Madrid
cabinet steps apparently dictated by their
own Interests and the glory of the country.
H would bo more opportune to use toward
Washington discreetly on behalf of the whole
of Europe language calculated to confirm
President Cleveland's nnd Mr. Olney's good
Intentions nnd to glvo valuable hints to Mr.
McKlnlcy and his eventual secretary of
state. "
The Chronicle suggests that M. de Blow-
Itz's unfounded statements ot Saturday that
the German government had made repre
sentations to Washington , protecting against
Intervention In Cuba , may have originate ) ' .
In ono of the periodical perturbations of
the German emperor concerning the affairs
of the world , "which , " says the Chronicle ,
"falling a better govcrance. he takes under
his care. We believe the French Foreign
office has been Bounded In regard to Cuba
In an anti-American sense , but anything
like concerted action on such a subject Is
out of the question. "
The Chronicle also has a Rome dispatch
which says : Spain has questioned Eng
land , Franco and Italy as to their attitudes
In the cvenl of war between Spain and the
United States. Franco at l England re
plied Indefinitely that "everything depends
on the courto ofevents. . " Italy offers to
assist In producing an amicable arrange
ment , without promising to support Spain
against the United States. I am Informed
negotiations are continuing between Spain
and the European cabinets. The Vatican
absolutely favors the Spanish cause. King
Alfonso has written a Chrl tmar | auto
graph letler to the pope , asking for his
prayers for the success of the Spanish
arms.
The foreign office Informs the Associated
press that no communications to any for
eign power concerning the United States
and Cuba have been maU : < by Great Britain
and It Is added that no representations di
rectly or Indirectly have been made on the
bubject by the United States to Great
Britain. If any other powers have done It
the foreign office Is not aware of the fact.
Tumid Kim ci'ii.vx SKTTI.HMUXT.
Aui'ei-iiu-nl In MiilimlHcil ( o Con-
Ui't-xa Next Mouth.
WASHINGTON. Dee. 28. The Post tomor
row will say : H has been learned from nn
authoritative source that Secretary Olney and
Scnor Dupuy do Lome , the Spanish minister ,
have practically terminated the negotiation ! '
on the Cuban question , which are to bo sub
mitted to congress when It convenes on Janu
ary G. The terms of the agreement are based
on the recent official communication from
Premier Cunovas , addressed to the secretary
of state. The prt'inier states clearly the
terms which Spain will accord to the insur
gents , and practically asks thu United States
to propose these conditions to her rebellions
subjcctn. In return for our good offices Spain
assures this ( 'ovcrnment Uic sincerely de
plores the great commercial loss which we
have sustained on account of the Cuban dis
turbances. She assures us she Is oven now
considering a reciprocity treaty which will
deal mainly with Cuban products and which
will bo framed In such advantageous terms
toward this government that our losses , both
In commerce and In the destruction of Ameri
can property In Cuba , will be most gener
ously compensated. Premier Canovas says
Spain cannot , of-course , as u self-respecting
and respected nation , stand before the world
as having been coerced Into measures by
the United States. She has freely granted
all she now offers , and that In the face of a
rebellion. But she accepts the good offices
of the United States to act as mediator and
to guarantee to the Insurgents amnesty and
the enforcement of the new reform law which
she Ib about to proclaim In Cuba.
Thu form of ROM-rnmcnt offered Is , the
Spanish statesman declares , the limit of In
dependence which can bo grunted to a provInce -
Inco by any nation without absolutely sev
ering the bonds of union with the mother
country. Autonomy , fis enjoyed by the
Canadians , can never he granted In Cuba.
What Spain Is willing to grant the Insur
gents , If they lay down their arms , and what
she asks the United States to guarantee
is on net which provides for a council of
administration which shall control all mat
ters pertaining to the commerce of the
Indies and all estimates upon the general
taxation tind expenditures of the Islands ,
as well UN UH general home government.
Julio .SaiiKiillly Si-uli-ared.
HAVANA , Dec. 2S. Sentence was to
day passed upon Julio Sangullly , who
was arrested In JS95 , charged with con
spiring apalnat the government nnd een-
tonc d by court martial to life Imprisonment.
Ho appealed and obtained civil trial , which
has been going on foi tome time past. He
was formally .sentenced to Imprisonment
for life and to pay half of Uic oxpcnccs of
the trial. Ho was subsequently declared
insolvent.
Sangullly's lawyer has nntured an appeal
to the supreme tribunal of abrogation on
ground of errors In evidence , In the pro
ceedings nnd the lav. bearing on the prlu-
oner's ca u. _ _ _ _ _ _
M. C'leiiieiiL-enu ScrliuiHly III.
PARIS. Dec. 28. M. Clcmcnccati. the
dtctlngulihcd statesman , IH ucrlouily 111. Ho
was horn In 1841 , and lu 1SSS ran against M.
Melino for Iho presidency of the Chamber
of Deputies , receiving 1GS votes lo ItiS cart
for Iho latter , who was declared elected on
account of seniority.
SK-aiuohlti Vole u Tolul I.IIHN.
HULL , Dec. 28. The Wilson steamship
Vole U a tutal IOSH at Wliirfu. off the coast
of Sweden. The oruw and pumngiiM were
tj.fii ! Thu Vole was n tcrew Hlcamshlp
built at Hull in mo , Sud registered b'll
.oi'.a net.
REPORTS OF A MILD SKIRMISH
Brush Between Spanish and Cuban Troops
Admitted at Havana.
CALIXTO GARCIA MANIFESTS HIMSELF
Attar KM Ce lie nil Hey Wlillr tlio l.ntter
IH Ciinvoylnu- Military Train
MM SautliiKO , IlnliiK Con-
Mldcrntilo DiuniiKe .
( Cnpyrlclit , ISM , by Press Putillflilns Company. )
HAVANA , Dec. 28. ( Now York World Cablegram -
blogram Special Telegram. ) Tlic oillcl.il re
port of a Eklrmlsh on the road between Man-
zanillo and Hayamo , In Santiago province ,
between some Spanish troops under General
Hey and an Insurgent force led by General
Callxto Garcia , puts the Spanish loss'at twen
ty-four Killed and seventy-five wounded. The
Insurgents arc said to have left forty deaden
on the field and to have carried away many
more.
General Usy was moving a military train
of 200 oxcarts through a densely wooded ,
hilly country. The fighting was near I'eral-
njo , the point where General Martinez Cam
pos was attacked n year ago last July , when
the most Important action of the rebellion
occurred. The locality Is extremely favor
able for an ambuscade. The Insurgento ap
pear to h.ive suffered the most.
General Wcyler was last reported In camp
near Palaclos , a town In 1'lnar del Hio prov
ince. He had not met any Insurgent banda.
Ho apparently Is pushing toward the west
ern extremity of the Island.
WILLIAM SHAW HOWEN.
PHISOXKHS K m MlMttlt ) CASTI.K.
\Vcyli-r , Out In J'lnuiill1 Itlo , S.-iHlM
IllHUrKt-lllM ( o Captivity.
HAVANA , Dec. 28. Twenty persons ar
rested as conspirators nave arrived herb
from Guelrra Mclna and have been Im
prisoned In Morro castle. Txvo women have
also been placed In jail.
United States Consul General Kltzhugh
Lee and family and Congressman-elect
Robblns and wlfo paid a visit to the palace
today , where Mr. Springer , the vice conoul
general , Introduced them to the marquis of
Ahtimada , the acting captain general.
In the fight at Peralejo , the Insurgent
leader Cehreco was seriously wounded.
General Kltzhugh Lee , United States con
sul general and Mrs. Lee were banqueted
lest night at the Hotel Inglatcrra by Con
gressman-elect Edward Everett Hobblns and
wife.
wife.Tho
The village of Rancho Boycros was at
tacked by Insurgents last night , causing
alarm to the residents. The enemy was
finally repiV'ncd by the 'garrison.
The Marquis of Argucllos , the railroad
king , has offered In event of wnr with the
United States to buy a warship for Spain.
El Diarlo do Marina , commenting upon
dispatches from Madrid and the news from
Washington , dissents at length from the
view that a peaceful entente Is probable
between the United States und Spain as
the outcome of the late Interviews of the
United States minister , Mr. Taylor , with
the duke of Tetuan and Scnor Canovas.
Lieutenant Colonel GIrucJcda today de
feated the Insurgents under Castillo , Acosta
and Vlllnmica at Cayo Larosa , and the four
Lagunas of Arlguanabo , near Calmlto. It
Is reported that Villanuca was killed , Tm-
portant documents were found oh- some of
the bodies. A Havana dentist named Gas
per Rctancourt has been arrested by the
police on a political charge. Betancotirt
Is a naturalized American.
Captain General Weyler , since Saturday
last , has been camped two ml lea from Los
Palacloa , province of Plnar del Klo.
The Insurgents dynamited and derailed a
military train near Ksperanza. province of
Santa Clara. They then attacked the train
but were repulsed by Its escort.
The- report of the death of the Insurgent
general. Juan Ruls , Is confirmed.
The military governor of Guanabacoa. nea-
this city , lias Issued a decree prohibiting
persona fcom leaving that town , except by
the highways or Rclga , Lulana. Corral Kaao !
and CoJImar. Dearcrs of provisions , etc. ,
must declare before leaving town the quan
tity in their possession and I to destination.
This step will be taken to prevent the smug
gling of provisions to the Insurgents.
During Iho night of Wednesday , December
23 , a number of Insurgents tried to crasa the
military line of Puerto Principe by Jucaro ,
on the south coast , and Moran.i , at the ex
tremity of the railroad In the north. The
troops made a stubborn resistance and
obliged the enemy to retire.
The convoy of General Dosch , which left
Manzanlllo , province of Santiago do Cu'ja ' ,
on December 23 , vas&tllt detained at Vegulta
on December 24 ,
minw.vui ) i.vv HUSH noo.
I'niiilly of Ten I'ITMOIIH IlHaiiear | |
During SiiliNlileiifc.
DUULIN , Dec. 28. A family of ten per
sons and a number of cattle have been en
gulfed by the subsiding of a bog of 100
acres near Cartlo Island , County Kerry. It
Is stated that other persons were drowned
at the Fame time and place.
The subsidence of the hog seems to have
been an extraordinary affair , There were
terrible storms throughout the night and
about .1 o'clock In the morning the people
In the district were warned by an unusual
rumbling which they feared was caused by
an earthquake. The bog , which was be-
llcvcd to be thirty feet deep and which had
long supplied the whole neighborhood with
peat , was moved for several miles along an
old watercourse , filling a quarry twenty feet
deep on the way , flooding the rivers of the
county with peat water and doing a great
deal of damage. At the Donelly homestead
( en persons have completely disappeared ,
leaving no trace.
DellcH Honiiiii Cnlliollc CImroli.
MONTRKAL. Dec. 28. Li Parlo of I his
city comes out tonight with a two-column
dcilanco of the Roman Catholic church , in
which It calls upon all liberal Catholics to
revolt. It calls the excommunication the be
ginning of a war to the death , and offers It-
gelt and all Its financial and lntcllt < "I re
sources to aid In the war. The arti i was
written by the proprietor of the paper , ex-
Mayor Honoro Dcaugrand.
Ccriminy HUH \ul liiterffrcil.
IU2RLIN , Dec. 28. The representative of
the Associated press are Informed that not
only has Germany not made representations
tu Washington regarding Cuba , au stated In
a dispatch to the Times from Paris on Sat
urday , but Germany has not been approached
on this subject by any other power In any
way whatever. _
Italian Vlllnpre
LONDON , Dec. 28. A wpcclal dispatch
from Home saya a , landslip has entirely de
stroyed the village of Santa Anita do Delano ,
demolishing IIS houses and rendering ISO
families homeless , Thcro was no loss of
life. _
i
Wreck of n Kind I in ; SnuuiU.
MALAGA. Dec. 28 , A Hulling smack be
longing to this place has been wrecked.
drowning twelve men and several children.
SrrloiiH 1'loodM In ( Jrci'i-i- ,
ATIH3NS , Dec. 28 , Kloojg have occurred
In the Llvadla district. They have been
accompanied by tonic loin o'f'liro.
Klnrrn III llrnlN a UOIIHI * .
IIOSTON , Itfc. 2S.-Kjc-Queen LllluokH-
lonl of Hawaii has left the Parker house ,
where * hc had been untying during her
visit hero , nml during the remainder of
her stay ahc will occupy n house In lirook-
Hne.
WIDOW SIMUNOS wV.s
'
Mine. SfiuiilioitlolT AxUor . Acquittal
of Alli-m-d A nNHlu .
( CopyrlKht. ISM , liy IMwoctntcd I'rctn. )
SOFIA , Dec. 28. As raukei ; exclusively to
the Associated press Iwt tilght , Mme. Stain-
bou I off. widow of the jntirilefed ex-premier
of lltilgarl.i , whose allegAl lO susslns are on
trial here , mode .1 short btit Impasoloncd
speech yesterday boforc\thc mixed tribunal ,
which Is hearing the case. Mme. Stam-
bouloff.when the trial wa ncgun.dccllned to
attend , but in response to repented requests
she attended theBitting of the court yester
day , heavily veiled. When her name was
called a deep silence fell lipon the assem
blage. The- widow rose wllh great dignity ,
and speaking with a vftlco Blinking with
emotion she said : "You have'Insisted upon
my presence- and I am herd. I have nothing
to say because 1 do not s c arraigned before
your honorable court those > vho are Known
to bo the real asstisslna 6 { my late husband.
You know them , Mr. President , and you ,
too , Air. Procurator General.
"Is It not so ? You know them , as nil the
worltl does. Where are they ? 1 do not see
them here. " ,
Then with n gesture full of fire and Indig
nation she exclaimed , pointing to the alleged
murderers of her husband : "Acquit these
miserable people. Summon before you the
really guilty men , who Are flt present the
government. I have nothing to add and I
will now withdraw. " i
This accusation from the widow of the
great Bulgarian statesman , known ns the
lilomarck of Bulgaria , made a deep Impres
sion upon the audience , : which was com
posed of people belonging to the higher
ranks of socliiy.
The presiding Judge and proctirator gen
eral ( public prosecutor ) were so unnerved
by the terrible earnestness of the woman ,
who thus forcibly denounced the methods
employed In the trial of , the alleged mur
derers of her husband that-they were una
ble to put a single question to her and flic
left the court room , n picture of grief , de
manding vengeance from a tribunal from
which she know so well that little or noth
ing could bo expected.
The address of Mme. Blambouloff Is a
mcttcr of general comment In the govern
ment newspapers today. Hut the keynote
of their remarks , taken from the leading
organ of the ministry of Prince Ferdinand ,
Is that the wife and friends of M. Stiun-
bouloff ought to have taken measures for
the protection of the man who , the govern
ment newspapers say , either labored under
mental derangements , or was "so convinced
of his own misdeeds that ho sought death
In the street. " _
Sri.TAN HHCK1VUS A XBW AVAllJflXO.
Russian AinliiiNMnilnr'H' . Talk CIIIIIOK
Very Xf'iirly to n.Tlirrnt.
( CopyrlRlit , ISM. liy the Associated Pro ? ? . )
CONSTANTINOPLE , Dec. 28. The Rus
sian ambassador oiu Satucday , acting In con
cert with the representatives of Great
Britain , Krarce , Italy , Germany and Austria ,
had an audience with the nultan , Abdul
Hamld , ono of many fluch Interviews which
have takct , place within the pant year on
the eamo subject , that of n better ad
ministration of the affairs' nf the Turkish
empire. The Russian diplomat began by
warning the sultan , and the Turkish govern
ment that If the revcnuro ceded for the pay
ment of the Turkish debt were touchel the
Kuropean control of the Turkish empire
would he inevitable.
M. Nelldon Informed tho. sultan that the
czar guaranteed his personal safety and en
gaged himself to maintain the sultan's
safety In the event of Kevero measures being
necessary upon , the part of the powers.
The sultan , however , ' remained obdurate ,
refusing his consent' lot any measure of
control , financial or otherwise , - by the
powers. To this the Russian ambassador
replUil that tltb condition of .tho Turkish
empire placed 'the Ihrocsjind the caliphate
, ln Immlncntiporil -Thor-iu'.ion' A'oJul-Hainlil
remarked , Impressively : "I m.iy be the
last of the caliphs , hut I will never become
a cccond khedlve. "
In addition to these warnings M. Nelldoff
sent a note to the Turkish government
and to the palace and the moat significance
l.i attached to U in diplomatic circles. Ho
pointed out In precise terms the necessity
of the sultan following the advlcif of the
powers and acting In complete agreement
with tholr plans for Improving the situation ,
warning them once more that the sultan's
refusal to do so Involves the moat disagree
able consequences.
The ambassadors of the. powers will meet
again In order to discuss , the situation , and
will re-assemble In the future twlco a week
until they complete their recommendations
to the sultan and his advisers. The envoys ,
acting together , will henceforth maintain
the strictest secrecy regarding their delibera
tions and the action laken < or contemplated ,
and will not even Inform the envoys of
the other powers of the decisions reached.
These latest Bteps upon the part of the
powers are once again' reported to have
produced a profound Impression at the
kiosk , and In pursuance of the Issuing of
the amnesty decree Armenian prisoners In
Asia Minor and In this qlty and vicinity are
being released daily In batches of fifteen.
LONDON. Dec. 28. A1 dispatch from St.
Petersburg to tl.e Dally Telegraph says : M.
Nclldoff , the Russian ambassador at Con-
etantlnoplo , while hcro.i warmly advocated
a military occupation of Constantinople. The
council has convened to discuss this project.
The majority of the ministers opposed M.
Nclldoff's scheme , whereupon the czar nn-
nounccd that he , also , was opposed to active
coercion.
TMX TIlOrSAXO IOII\It 1II.A7.H.
Xliio FrameItcsliIriiLCN In Onci-olii ,
In. , Art * llurnril.
OSCEOLA , la. . Dec. 28. ( Special Tele
gram. ) Sunday morning nine frame bus
iness buildings on the southeast part of the
square were burneJ and Herculean efforts
of firemen and citizens saved the business
portion of the town. Those burned out are :
R. Pcrcells , grocery ; Frank Kdwards , cigar
thop ; J. U. lianta , real rotate ; Long & Win
ters , meat market ; McAnley Lumber com
pany ; Frank Kdwards , lunch counter ; J. G.
Watts , Jewelry store ; A. L. Lash , shoo store ;
Wlxom & Hargrover , lunch counter.
This Is the third time that this part of
the town has been laid low1 by the fire fiend.
The loss Is placed1-at $10,000 , with about
half Insured , .
CRKSTON. la. , Don. 28. ( Special. ) The
country residence of "W , II. Chllds was
burned this morning , entailing a loss of ? ! , -
ROO ; Insured for $1,200. Homo of the inmates
had narrow escapes. j
WASHINGTON. Dec. 28. The large fur
niture store of JulltiK WudamlrB ° * ow
York avcnuo wns destroyed by lire this
evening. The loss on hi lldlng , ntocknnd
adjacent structures da ma ; cd will amount to
about $200,000. The loss m thu stock alone
is placed at $100.000 , on u hch ( there Is $ GO-
000 insurance. The Church. nf the Rplplmny
Is directly In the rear of tCupiurneil building
and the firemen had hard .work to save It.
The Ilurr .mansion , wliorcj tradition says
Rdgar Allen Pee wrote. : "Tho Raven" Is
Ecpar.itcd from the furniture establishment
only by an alloy , but Was saved. The origin
of the fire la unknown. <
niNIHIAMTON , N. Y.J "Dec. 28. The
'
Droomo county court hpu'so was burned to
night. Loss $100,000.
NUW YORK , Dec , 28.-VThc double-decked
ferryboat New IlruiMiwlcjc , owned by the
Pennsylvania railroad , was burned to the
waler'fl edge today. Loss about $120,000.
NKW YOIUC. Dee , 2S. Korty-four fam
ilies were driven oiif of thc-lr homea early
this morning when the temperature wax
U' to 11 dpgrecjv above ZITD by a lire started
on Iho third Door of tin apartment house
on West Klftecnth street. The flamcH ex
tended to the hoimo adjoining and the third
and fourth lloorti of both bulldlnun wi re
burned out. The loss on the bulldlngti IH
about } "Jf > , nml that sustained by the
tenants will reiWh t20COO.
liiNiirnuc-f ( ; < ini | > iiiili'H Wiint IiiiiucHt.
NHW YOHIC , Ueo. -Bcve.rnl life Insur
ance companlc-j haw ) nfkcd Coroner Tuthlll
to make u thorough Invrellgiillon UH to the
caiiKo of the death of DJvid lllitkely , man
ager of Sousa'H band. whi expired Hiidilenly
In hlx oillcc In this city [ In November last.
The body IH to bo dhmtorred In order to
ill tcrmlno whether certain HUIIIH In a Chicago
cage ncclileiit company can bo c illpctcd ,
lllnkely huvliiK suffered a tsovcri-1 bicycle
accident uomo weeks prior to death ,
WITHIN LETTER OF THE LAW
President Cleveland's ' Attitude Toward the
Tranf-niississippi Exposition ,
WILL NOT NOTIFY FOREIGN GOVERNMENTS
lon of i\net lustritcllouM from
tin * Illll Sorvt'M as n Iteasiiu fur
1'allui'c to IHSIHtliu
; I'roi'lllliilllliin.
WASHINGTON , Dec. 28. ( Special Tele
gram. ) President Clevelr.nd will not Issue
a proclamation recognizing the Tranamls-
t-isslppl and Internallonnl Kxpcaltlon. This
fact was emphatically stated today by Pri
vate Secretary Thurler to The lice corres
pondent.
Mr. Thurber said that he had indicated
the president's action In a letter to Repre
sentative Mercer , who had been moat Im
portunate In asking for executive action In
icgard to the formal recognition of the Ux-
posltlon. The reason given for this refusal
on the pare of the executive Is that the law
does not Indlcato In any way that such
recognition should to made on the part of
the government of the United States , nor
does It refer In any way to governmental
sanction except as to the appointment of
a United States commission having charge
of the government exhibit and recognition
of exhibition by an appropriation. . This
Is thought to be a vital defect In the bill an
passed nt the last BC3lcn of congress. An
effort will undoubtedly be made upon the
reconvening of congress to Include In the
amended bill the provision for the formal
recognition on the part of the United States
of the International character of the expo
sition to be held In Omaha In 1S98. Sec
retary Thurber , In speaking of this matter ,
said :
"We have iiad a desire to favor' Mr. Mer
cer as much as possible In this matter , but
the president after reading the law raw
that It was absolutely useless to formally
Indicate the character of the exposition to
foreign governments unless there was an
absolute stipulation that ho should do so
In the bill. He read up on other proclama
tions Issued In behalf of expositions of past
> cars that of Now Orleans , Philadelphia.
Atlanta and Chicago , and found that all acts
creating these expositions and Investing
them with governmental character had
stipulated that the president should Issue a
proclamation to foreign governments to par
ticipate with the United States In such
oxpoHtlon , but that the Omaha bill was
silent as to extending an Invitation to for
eign countries to display their wares at
Omaha , and therefore ho would not go be
yond the direct features of the act. "
WILL NAME TUB COMMISSION.
In all probability the president nt the
cabinet meeting tomorrow will call attention
of the members of his official family to thr
net creating the Omaha Exposition and requir
ing each head of the executive department ,
the Smithsonian Institute and Fish cosn-
mUfdnn to name a representative to the
president , who will In turn appoint such
representatives as .members of the United
States commiFjIon to have charge of the
government exhibit at Omaha , and ho will
then name the chairman of the board. It
was thought that the president would take
his own good time to nauic this commis
sion , but as he would like to Imvo the whole
matter cleared up before tlio expiration
of .hla term of office , ho will undoubtedly
name the commission in the near future
upon the uuggcstion of the cabinet olllcera
Intonated In the various features , which ,
when assembled , will form the exhibit of
the United States government.
Next Wednesday the ways and means com-
mltteo will hear representatives of the sugar
and molosees Interests of the country for the
purpose of aiding In the framing of a new
tariff bill , which U In trusted to that body ,
and which will be Introduced shortly after
the extra session Is called. In addition to
the beet sugar Interests of Nebraska , there
will bo present representatives from other
states , who propcao to go Into the busl-
ncGs of raisins sugar beets for manufactur
ing purposes. Louisiana and the Fotith will
alao have strong representatives present ,
who will champion the cause of a sugar cane
and mohuses schedule , and. according to
Mr. Oxnnrd , who Is now In the city , n most
Interesting session of the committee is looked
for.
t-'ecretary Thurber Is authority for the
statement that the president has not de
cided upon any course of action In the mat
ter of foreclosure of the Union Pacific , Cen
tral Pacific and Kansas Pacific mortgage.
Under the Thurman act there must be
breach of mortgage first before the executive
can be called upon to act , and. that the
executive will allow congress suitable time
In which to pass any funding bill that It may
ECO flt. or provide for the payment of the In
debtedness duo the government In name way
that will not necessitate absolute foreclos
ure. Should , however , congrccs fall to take
action In regard to the matter. It may conn-
dentally be expected that within a very
short tlmo after the 15th of January there
will come from the executive department of
the government with the sanction of the at
torney general , secretary of Interior and
others , directly Interested , a proclamation
foreclosing the mortgages and the roads will
bo sold under the hammer to the lowest
bidders.
CLKVKLAND WILL MOVR SLOWLY.
"This Is an. exceedingly difficult ques
tion , " said .Mr. Thurber , "and the president
means to move very slowly In the matter.
Ho recognizes the absolute Importance of
the multiplicity of Interests Involved on < l
ho means to do nothing but what will be
to the beat Interests of the government and
to all parties concerned. There have been
n number of conference ! ) between the at
torney general , tecretary of the Interior ,
secretary of war and others who have tliv
matter in chnrgc , but nothing definite , so
far as I know , lies conic from thiec con
ferences , except that they will "await a
breach-of mortgage , and this will not occur
until after January 1 , 1R97. "
Comptroller Kckels has approved the fol
lowing reserve agents : Nebraska First
National bunk , Omaha , for First National
bank. O'Neill. Iowa Union National bank.
Omaha , for Firat National bank , Council
IilufTs ; DCS MolDes National bank , Dea
Molne , for Lcmars National hank , Lemars ;
Metropolitan National bank , Chicago , for
Ottumwa National hank , Ottumwa.
Prof. K. II. Harbour of the University
of Nebraska arrived In the city thin evenIng -
Ing to attend a meeting of the National
Geographical society , which opena tomor
row at Smithsonian Institute.
Secretary Krancls today rendered deci
sions In the following land cases : Iowa-
George M. Roe against the helm of S. I.
Plumloy , Des Mo'ties ' district , Roe' mo
tion for niylew dt.iled on the ground that
all qiicui.uii of law and fact had been fully
considered In the former departmental de
cision ; T. A. Ruhl against Edwin J. Huddy.
Dos Molncti district , decision of commis
sioner ulllrmcd , Uahl'H contest allowed and
Huddy'H homestead entry held for cancella
tion. South Dakota J. A. Stransky against
L. A. Shout , Chamberlain district , former
departmental decision overruled and land
awarded to Mrs. Shout.
C. C. Spauldlng has been appointed poet-
master at Ilorton. Urciner county , la. , and
0 , A. Patrick at Lincoln , Grimily county ,
la.
Myron J. Clark was today commissioned
pcstmaatcr at Max , Neh.
The poatotllco at Centennial , Lawrcnc ?
county , S. D. , hat ) been discontinued. Mall
will go to Dcadwood.
( iriinil Jury Afu-r l.yuchcrx.
OWHNBHORO. Ky. , Dec. 21-Jlldgo
Owen today. In chanting the grand jury ,
rave Bpcclul attention to the recent lynch
ing of Holt. Ho iccUPHted | the jury lo thor
oughly Investigate Iho matter and Indict
nry perKori participating In the mob , Ho
nald the jury could and inimt find out who
composed the mob und must Indict them
for murder.
XATlBE-I < ECONOMIC ASSOCIATION.
MoetlUK uf Many Noted
1'otltlcnl SelcutlHlN.
ORK. Dec. 28. The ninth annual
meeting of the American Economic asso
ciation began this evening at Johns
Hopkins university and will continue until
Thursday. The program had been arranged
so ns to provide- for more general discussion
than usual. This evening the members of
the association listened to an address of wel
come by Dr. Daniel C. Gllman , president of
the Johns HopMns university. Prof. Henry
C. Adama of the University of Michigan , pres.
Ident of the association , responded , deliver
ing his annual address , the topic of which
wns : "Tho Relation of Economics to Juris-
piudence. "
Prof. Adams , In the course of his address ,
said : "Convinced as I am that much of the
confusion In economic theory and of the
discord in Industrial life are alike due to
Inadequate expression by formal law of fun
damental Industrial rights , 1 desire to point
out , ns well as I may , the character of the
confusion and discoid and to suggest the line
along which evolution In Jurisprudence must
proceed In order that harmony In economic
theory and peace in the business world maybe
bo established. "
Prof. Adams then went on to say that In
the present discussion he accepts the Cic
eronian definition of the word Jurisprudence
that the study of law must ho derived from
the depths of philosophy and that by an ex
amination of the human mind and human
Eociety principles may bo discovered In com
parison with which the rules of positive law-
are of but trivial Importance , that the Im
plied reasoning touches rights nml duties
that arc fundamental that It Is at once a
philosophy of science and art.
Among those who will take part In the
sessions arc : Prof. Dalllcy of Cornell ;
George T. Powell , director of agricultural
Institutes of Pennsylvania ; L. G. Powers
of the Minnesota Bureau of Lubor Statis
tics ; Secretary J. Sterling Morton and As
sistant Secretary Charles Dabney of the
Agricultural department ; Profs. Roland
P. Faulkner , University of Pennsylvania ;
David K. Klnley. University of Illinois ; W.
A. Scott , University of Wisconsin ; ex-Secre
tary of the Treasury Charles S. Falrchlld ;
Prof. Joseph French Johnson and Prof.
Arthur T. Hadley of Yale , and Prof. Carl C.
Plchn of the California State university.
Henry C. Adams , the president. Is the stat
istician of the Interstate Commerce com
mission , and one of the best known econo
mists In the country. The other officers of' the
association arc : Ex-presidents , Kiancta A.
Walker , LL.l ) . , Charles K. Dunbar. LL.I ) . ,
John P. Clark , Ph.D. ; vice presidents , Frank
lin II. Glddlngs. M. A. , H. R. L. Gould ,
Ph.n. . Roland I1. Faulkner. Ph.D. ; secretary ,
Jeremiah W. Jenks. Ph.D. , Ithaca , N. Y. ;
treasurer , Charles II. Hull , Ph.D. . Ithaca ,
N. Y.
DAVH MKHCKH CAI.I.S O.V M'KIXMSV.
Xi'lirnsKn'H Coum-i'SMiiiaii Pay * Ills III--
spei'tH to lilt * \r\t I'l'cslilt-lil.
CANTON , Dee. 28. From appearances this
morning at the McKlnlcy home In North
Market street , Iho president-elect's "vaca
tion" closed Sunday evening. After nn
early breakfast , callers were announced ,
among the arrivals being Hon. David H.
Merct-r , secretary of the congressional com
mittee. Ho had a talk of some extent with
Mr. McKlnley , and then gave place to others.
Among this mornings callers at the Me-
Klnlcy residence was Senator Wolcott , who
was in earnest conference with Major Mc
Klnlcy for over two hours. He said this
afternoon to thu Associated prers : "I came
to Canton to call on the president-elect to
further the caueo of International bi
metallism , the United States senate having
appointed a committee of live , of which I
was mude chairman , to prepare a bill In the
Interests of this eauge. "
It Is understood that Senator Wolcott has
the legislation which his committee will
propose substantially outlined and prepared
and that Its provisions were under discus
sion at the conference this morning. When
asked If Major McKlnlcy had taken up the
matter with him , he said : "I am glad to
say that the Incoming president was deeply
Interested In the cause. Wo went over the
subject at considerable length and he was
mcot vainest In hla desire that the republican
platform pledge for the furtherance of inter
national bimetallism should promptly he
made effective by proper legislation for the
appointment of a coinmltudon to confer with
foreign nations to take steps towards ex
pediting an International agreement.
Mr. John C. Covert , a director of the
Cleveland Leader , also called during the
morning. Ho Is a close friend of Mr. Mc
Klnlcy. A number of women awaited their
turn to "see the major. " Among them
was Xlrs. R. A. Degowan , who came up
from Castle county , she said , to "thank
Mr. McKlnloy for hla successful efforts In
securing her a pernlon some four years
ago. He has been kind to mo and I want
to tell him how wo all appreciate It. " Two
other lady callers were Mrs. Frank Gros-
bcck of llloomlngton , Seneca county , and
Mrs. Helen Wallace of Lykens. They arc
relatives of the McKlnleys. A handsome
eano was received this morning by express.
It Is of ebony and gold mounted. On the
head Is engraved the Inscription : "Wll-
Ilnm MeKlnley , from Gulhrlo , Okl. " It
was sent by an admiring friend In the tor-
rllory-
DKAT1I LIST HKACIIKS TWO DO/.tt.V.
C < llH | > Mi * nf u HrlilKi' In Aliilmniu
CniiMi'il I'Viirful Loss of l.lfi- .
ST. LOUIS , Dec. 28. A , special to the Re
public from Birmingham , Ala. , says : The
death list from yesterday's wreck at Ca-
haha river , whereby n Birmingham mineral
railroad train dropped through n bridge
110 feet high on the Southern railway , ap
pears to have grown to twenty-four. This
Includes the death of W. D. Rant , a bridge
foreman who was killed In a , second wreck ,
which resulted from a collision of construc
tion trains at the scene of the first disas
ter six hours after the bridge catastrophe.
Twcnty-ono bodies have' been taken from
the river and since then it has been ascer
tained that S. C. Tibbs and wife , who
boarded the Ill-fated train at Gurncy for
Adalr arc missing. Tlbhs und his wlfo hail
been on a visit to the latter's father , resid
ing near Gurncy. They went to Gurney
early yesterday morning and boarded the
train. Since then nothing has been heard
from them so fur as can ho ascertained.
Their bodies were not found In the wreck
and their absence ean only be accounted for
by the fact Hint they must hnvo been burned
up In the wreck. The railroad authorities
say that they have not received definite
Inquiries about the Tlbbs family , but know
nothing of them.
Andrew Brynon of Blocton , ono of the
Injured passengers , died at n hospital In
thin city. This runs the number of dead up
to twenty-four. BryRon was frightfully
mangled and burned.
Several persons from Blocion who were
early on the scene of the wreck still declare
that twenty-seven bodies were taken out
of the river and that tha railroad authori
ties are mistaken In the number killed. The
niocton people seem to think that ioveral ;
bodies were taken away by friends before
thu relief train left on Its return trip with
the dead und wounded. The railroad offi
cials , however , are firm In the statement
that only twenty-one corpses were recov
ered. They say all reports to the contrary
arc to their minds wild rumors. The fact
still remains , nevertheless , that It Is ami
alwayn will he Impossible to know just how1
many passengers were on the train , and
who they were or where they were going.
I'l'i-pui'liier fin.Mnmliiry C'liaferr-iu-e ,
INDIANAPOLIS , Dec. 2--The executive
committee of the monelary ronfurenco today
began sending out a call to ( ill commercial
organization ! ) previously written to and not
yet hcurd from , uskfnu them to ncii'l their
lldtii uf delegates as noon fli pOHfilble. Names
of many di'lcgatcs were received today.
Up to thin Unit' the niiini'ii of I7U rlclegates
have been received. It IH now believed'Hie
number of dclcjjatcH to attend the couvi-i-
" "ii will bo about COO ,
SANTA FE WINS THE CASE
Judge Myers Decides Alien Land Law is.
Not Applicable to Railroads.
IN EFFECT REVERSES HIS OWN DECISION
Attempted ItriTlvornlilit KntlM < < >
( roiiml liy ( In * lli'i'rro i > f ( lie
Very . .IndueVliu Flrnt
i Have It luoltileuey.
OSKALOOSA. Kns. . Doc.S. . In the Jefferson -
forson county court hero this morning
Judge Louis Myers hamlet ] down n decision
In the famous Santa Fo railway recelver-
shlp case , holding In favor of the railway
company. Ho declares that the alien land
law , under which ho had appointed a re
ceiver for the property , docs nut apply to
railroads. The decision Is n complete vie-
lory for the Santa Fo company. The other
questions of law raised by the attorneys
on both sides were not passed upon , Judge
Myers holding that this point nlono watt
sulllelunt to end the litigation. The attor
neys for the plaintiff will take stops at once
to carry the case to the Kansas supreme
court on an appeal.
When court convened there was a notable
array of officials , both court and railway ,
present. Attorneys lllte and Henry Keeler
represented the state , and Attorney A. A.
Hurd and ex-Judge Albert 11. Ilorton the
railway company. Among the tipoctiitors
were the following railway olllclals , who
had arrived during the day on a special
train from Chicago : President C. A. Hip-
ley , General Solicitor 15. 1) . Kenna , Third
Vice President Paul Morton and ( lonoral
Manager J. J. Froy.
Just before court opened the Santa Ko
attorneys , not knowing that the decision
would lin rendered , filed an amendment to
their original answer. In which they set
forth that the property of the present Santa
Ko railway company was the same as form
erly owned by the Santa Ko llallroad com
pany and that the act under which the re
ceivership suit was brought was void because -
cause It was repugnant to sectloti S of arti
cle I ; also article vl of the United States
constitution.
Court convened at 3 o'clock and Judge
Myers promptly got down to the business ,
at hand. After a few preliminaries hail
been disposed of , the reading of the deci
sion , which was quite lotngthy , was begun.
The pivotal point In the case , says Judge
Myers , turns on section 3 , whether or not
the alien land law applies to property nec
essarily used In operating a railroad. Tim
great weight of Judicial authority In thin
country Is. continued he , that thr property
of a railroad company necessary for the
operation of Its railroad , cannot bo seized
and sold In parcels under an execution ,
The courts have also held Invariably , when
considering the words "real estate" and
"lands" that the same should not be takoii
to mean the roadbed or right of way of a
railroad company , or other property nec
essary for It to use In the performance of
Its chartered obligations. The real cstato
held or acquired by a public corporation
like that held or owned by a railroad com
pany In the exercise of a delegated right
of eminent domain and necessary for uses
In which the public Is concerned Is not
within the meaning of the law real estate1.
LAW HAS ANOTHKH PURPOSE.
The decision cites several authorities to
uphold Its stand , and continuing , suys :
We know from current history that the
mischief primarily sougbt to bo remedied
by the enactment of chapter III wan
the prevention of the ownership of largo
tracts of land In the-state by aliens and the
establishment In this state of the oppres
sive system of landlordism prevalent In
Kngland mid other countries. The move
ment of which the Htntuto of 1SU WHH the
expression and rcnult wns not u crusndo
against railroads , but wait alnud at alien *
holding reul estate , In the usual and ordi
nary acceptation of that tryn : ; that Is for
funning , grazing and other like purposes.
It may ho that there IH reason for prohibit
ing the Investment of forclKii capital In the
construction , purchase or operation of rail
roads In the Htnto , hut there KIM m to hnvo
been no expression of such reasons In the
legislature , public papers or newspapers ui >
to the time of the adoption of tin- act ot
1S91. It Is axiomatic- thai .statute * will bo
conslrutxl In the most henellelal way when
their language will permit the prevention
of absurdity , hardship ar injustice result
ing , and also that public convenience ami
public Interest must be considered If the
statute Is In any way ambiguous or doubt
ful. Considering all of the piovlsioim of
the statute of. 1SUI , In view of the well
known mischief Intended to be ri-medicil
thereby and especially In vit-w of thu ex
press terms of the statute providing how
real estate forfcltetl must lie divided Into
parcels and sold , I am forced to conclude
that the term "real estate" employed In
section 2 n nil other Hft-lloim of ttie stntnto
was * not Intended to e'liibraeo n railroader
or any essential part thereof. The legisla
ture did not Intend to make the provlxloim
of the statute- applicable to railroads. The
result folIowH that the platntiff'n petition
In this ease does not state a eanse of ac
tion. The statute falls to provide for n for
feiture of railroads on account of alien
ownership of capital slock In railway cor
porations and no petition ean be formu
lated under the provision of this statute ,
which should be milllclcnt to forfeit and
Bell the- property of the defendant corpora
tion used In the operation of it.s railroad. "
In my opinion neither the letter nor the
spirit of the Htatuto Includes railroads.
HISTORY OP Till' : HASH.
The history of the oato Is most Interest *
Ing. It began at-Oakaloosa on November 5
last , when In I ho Jefferson county district
court , over which Judge Louis Myers pre
sided , a petition was lllcd by County At
torney II. T. Phlnncy and Attorney Henry
Keeler of Topcka , praying for the appoint
ment of a receiver of the property of ( ho
Santa Ke company In Kansas. The action
was taken upon what U known as ihe > "alien
land law" panted In 1M11. which provide *
that where more than " 0 per cent of tlio
block of a corporation doing business In
the state Is owned by aliens , Its real cstata
fchall bo declared forfeited to I he state and
a receiver appointed. Judge Mjors ap-
polntid Charles K. Johiuon , an Otkaloosa
banker as receiver and ItiKtnictrd him to
take imFBo : lon of the property. The ap
pointment came as a thunderbolt to railway
men generally , many of whom were una
ware of the cxlBtonro of the law. Soon
thereafter affidavits were Hied by the Santa
Ko officials before Judge C. 0. Foster In the
Unlto.l States vircult court at Topeka. In
which It was assc-ilml that the action of the
Joffertion county court was pan of a ttoclc
Jobbing telienie and that member of It 1md
speculated on Santa Ko stocks In the east
on the Btrength of the court'ji appointment.
Kollowlng this , Assistant Attorney On-
oral A. A. Goddard Died a petition In the
Ofilculoota court Eceklng to remove the case
to the federal court nt Topckn. On tlio
same day at Topeka the Union Trust com
pany of New York filed a cress bill In Judge
Footer's court , holding an trustees that they
ought to Imvo been iiindn a party to the suit ,
and on the strength of thl. < bill Judge I'ou
ter Issued a restraining order , preventing
Johnson from taking pobHcxMon of the prop
erty. Attorneys KeeJcr and I'hlnnoy then
on November 13 filed a petition In the
courts , cceklng to Iwvo the petition filed by
Attorney Ooddard utrlclun from tlio film of
that court , charging , among other thlnga ,
that he had acted "In collusion with the
railroad attorneys. " On Iho tame day at
Kansas City Mr. I'illnuey wan pcnmaded to
wlgn an Agreement , which was alro nlincU
by both Kentw und the attorney general ,
which stipulated that the case should hn
tried In the federal court aivl that Judge
Kvelcr nhouli ! he dlmnlmcd from the cane.
When Judge Myers on November 17 took up
the care , Mr. I'hlnnoy hacked dawn on his
agreement to dliinUs ) Kfder and In court
admitted ( hut the latter wan the leading
counsel In tlm case. Judge Myers there
upon recognized Keeler and refuged to uc-
litiowledge Hio attorney general , and at the
nainu time sustained tlio motion to ettlk
UoddarU'y petition out of ttio ruordi , II-
aiaitmMnti.JB J