THE OMAHA DAILY BEE.
ESTABLISHED JUiNE UJ ) , 1871. OMAHA , WEDNESDAY G , MAY 32 , 1897. SINGLE COPY JPIVE OENTS.
GREEKS GIVE IT UP
Qovorament at Athens Finally Yields to the
Inevitable.
ASKS THE-POWERS TO SETTLE PEACE
Defeat in the Campaign Against the Turks
Admitted ,
NOW WILLING TO SUBMIT EVERYTHING
All Matters Involved Are to Bo Loft to
European Concert.
COLLECTIVE NOTE PRESENTED AT ATHENS
Intimation of the rim-em' Intention
lliuuled Mliilntcr HUoiilodlH iind
ItM Aceeptnnee IN liiiiuv-
Uliltely S
ATHENS , May 11. A collective note from
the powers on the subject of mediation has
been presented to the Greek minister for
foreign affairs , M. Skoulodls , by the Russian
minister here , M. Onou. It Is said that
the. Greek government has accepted the con
ditions Impeded and has confided ita Inter
ests to the care of the powers. Actlvo
measures , It is further stated , were taken
at Constantinople today to stop the further
advance of the Turkish troops under the
commam ) of Edhcni Pasha.
Greece- having accepted mediation , the am
bassador * ot the powers at Constantinople
have been Ii.structcd to approach the Turk
ish government with a view of ascertaining
upon what condition Turkey will agree to
declare peace.
The following la the text of the note of the
powcre :
The representatives of Franco , Italy , Great
Ilrltnln , Germany and Austila charge M.
Onou , the reprosentntlvo of Ilussla and the
dean of thu diplomatic corps , to declare In
the niimo of their respective governments
that the powers are ready to offer media
tion with tlio view to obtain an armistice and
iiinooth the dilllcultleH actually existing be
tween fJreocu and Turkey on condition that
Iho Hellenic government declares that It
will proceed to recall Its troops from Crete ,
ndhcro formally to autonomy for Crete and
accept unreservedly the counsels which the
powers may glvo In the IntcrcHtM of puacc.
The reply of the Greek government v aa as
follows :
The royal government , In taking the note
nnd declaration of the Uusslun rep
resentative , acting In the name of the
ministers of the powers , declares that It will
proceed to recall the royal troops from
Crete , adhere formally to autonomy for
Crete and confide the Interests of Greece to
the hands of the powers.
IM. Skouloudls consulted all day long yes
terday with 'Premier Kalll and the king. The
olllclals ot the foielgn ufllce were up all night
In anticipation of the action of the German
minister , who early this morning sent his
secretary to Inform the Greek foreign olllco
that ho had received Instructions to join In
the representations of the powers.s soon
as tlio reply of Greece to the note of the
powers was handed to the representatives ot
the powers tub latter telegraphed the Grack
decision to the home olilce of the powers.
There Is a sense of relict In Athens today
at the prospect of an Immediate end to the
calamitous war. There Is no excitement and
no popular demonstration is anticipated. The
government has notified the Greek army of
tlio mediation of the powers.
CONSTANTINOPLE , May 11. The ex
penses of the war with Greece are estimated
nt 5,000,000 ( $25,000,000) ) , which Greece will
pay OH an Indemnity , In annual Installments ,
guaranteed by the Thcsaiillan revenues.
LONDON , May 11. In the House of Com
mons today the first lord of the treasury and
government leader. A , J. Dalfour , announced
* that Information had been received this
morning from all the representatives of the
powers at Athens saying that mediation be
tween Turkey and Greece had been offered
to the latter country and had been accepted
liy tlio Greek government.
rowious TO AititA.vrii : AUMISTICI : .
HIconloiidlN HeeelveN the .Vole nnd the
fiiuvei'iiiiieiit AeeeiitH Mediation.
( CoiiyrlKlit , 1M7 , by 1'rcfs 1'ubllHlilng Company. )
ATHENS , May 11. ( New York World Ca
blegram Special Telegram. ) M. Skouloudls ,
minister of foreign affairs , In an Interview ,
said ho had received at 4 o'clock this morn
ing n proposition that Greece allow the
powcrii to arrange for an armistice , and that
Blio put herself In their bands , and that it
had been accepted.
The president of the council , M. Ilnlll , told
ino he had received dispatches from Crown
Prlnco Constantine up to 4 o'clock this aft
ernoon , There had been no battle , but General -
oral Bmolonskl's brigade at Alma Houa
waited momentarily the Turkish attack.
Thn government hopes that the powers will
Intervene In time to avert further bloodshed.
It U reported that Germany will Insist upon
Greece abandoning Crete forever. Turkey's
tPrniH for peace are payment of a war In
demnity and the cession of Thrssaly , Giecco
hopqs , through the powers , to cacapo the
Indemnity. As to giving up Thessaly , the
sentiment Is that not an Inch of territory
should bo ceded while a man Is left to tight.
I have visited Iho fconp kitchen established
by Mrs. Kephala and Atlieno women. Four
thousand ThcsRallnns nnd Cretan refugees
are fed hero dally and 7,000 at Piraeus , Pub
lic and private buildings In Athens are
swarming with 1.000 wounded. In all there
are 2,500 wounded.
The cost of the war to Qrceco up to date
Is 600,000,000 drachmae ( about $100,000,000. )
HOWARD.
ODTKAfiHS COJMI1TTKIJ IIV TUIUCH.
VllliiKcx lluriied , Women OntriiKeil
mill Other I'ITKOIIH Mlitllnted.
LONDON. May 11. The Athens correspon
dent of the Dally Chronicle says :
M. Ilalll , the premier showed mo today
illrpatchrs and reports from Colonel Manes
and various civil authorities In Kplrits stating
that fourteen villages between Tolous and
Kastrosykla have been burned by the T'lrkv ,
after all the women and children had been
luaccucrcd , except a few \\ho hid In the
fasineca of Mount Salougos , famous during
tlni war of Independence , and a few more
who concealed thcmslvcs In the marches
nloni : the shore and managed tlnally to got
aboard tbo Greek ships , halt dead with
hunger and fear.
Not a fitono of the village of Komarlna
l left standing. The men fought like llouu
In defense of tbo women , who sought retugn
in the woods and caves of mount Lalongoa ,
and when charged by thu Turks jumped from
precipices to avoid capture and dishonor.
AHTA , May 11. It I reported that the
Turks have uevercd the arms and legs of all
the Greeks found In a village In tint plain.
of Lourls and left the mutilated bodies by
the roadside to 'terrorize the population.
8tUIUlMlNJ'I'il ) ! I'lllNCK.
KITurtN of thu TurKx Dlrealeil to that
AeoiiiiuilUhiiienti
LAMIA , Thcwaly , Mqy 11. Two thousand
Turks have been sent to Lake Nezeroi , eouth
of Domukoa , In order to close the road be
tween DoirokoA and tills port. An outpost
t nklrmUn occurred near Domokos yesterday
morning. Three tliouiand Greeks have been
dispatched to reinforce the Greek troops at
Domokos. The efforts of the Greek com-
minders are directed toward prevenl'iig the
Turks from eurrouudlug Domokos. This lat.
tor Is apparently the plan ot Edhem Pasha
and would posilbly' result In the capture ot
the main body of the Greek troops under
Crown Prince Constantino.
TUItKS AllVAMn O.V UOMOICOH.
IMncc l Doomed Unlr-nn the
TnUe ThliiK" In Iliiiul.
( Cftpyrlght , 1S97 , liy ITcm I'ublhhlriK Company )
DOMOKOS , Greece , May 11. ( New York
World Cablegram Special Telegram. ) This
Turks arc advancing. At thli hour (10 ( p.
m. ) the Turkish advance can be seen from
the Acropolis , Domokoo' highest point. The
main body Is now only twelve miles dis
tant. Several reconnolterlng parties have ob
served It at close quarters. It la rumored
that the Turkish cavalry has reached the
banks of Lake Xcnlas , In the Greek rear ,
Domokos Is Impregnable from the front. The
Turks must attack from the 11ank. They will
probably try to cut off the Greek retreat In
the direction of Lake Xcnlas. I was at the
front today and noticed that ample defensive
work had not been constructed there.
Skirmishing may be expected tomorrow , and
n battle the day after.
The Greek soldiers are patient and ap
parently cheerful , although they are almort
without food , and seem eager to meet the
enemy. The route of the Turkish advance
Is marked by the smoke of burning villages.
At Prince Constantino's headquarters , hopes
ore entertained that the powers will Inter
fere. Unlcrs they do , Domokos Is doomed
and perhaps the Greek army , too.
SYLVESTER SCOVEL.
Ttmicisr MoniMzns MOHI : TROOPS.
I'reimrltiK , I'oMNllily , tn .11 like ItMclf
Independent of the I'imerN.
LONDON , May 11. A dispatch to the
Standard from Constantinople rays :
It Is reported that orders have been sent
out for the mobilization ot the Fifth and
Sixth army corps stationed at Ilagdad and
In Syria , and for ) the Immediate start ot thu
battalions of Konleh , from which point they
will be taken to Ismced , In Asia Minor.
These preparations , which Involve an expense
which Turkey Is quite unable to bear , can
not be required against Greece , and they
apparently Indicate that Turkey Is preparing
to conquer a more formidable foe , or place
herself In mich a strong position that slio
will he enabled to Ignore the powers and
their plan of arbitration.
Thrco staff ofllccrs have been sent to the
depots of supplies ? of the Fourth Army corps
at Erzcroum and Erzlng to report whether
there Is n sumctcnt supply of arms and
equipments to mobilize the reserves of that
corps. Six olllcers of the Turkish troops
stationed at Janlna , together with the com
mandants at Louro.s , Phllllplda and other
stations , have arrived here In chains. They
will bo tried for neglect of duty In the face
ot the enemy ,
SU I/PAX OIVHS OUT A nKNIAI , .
Holy "VViir , Aecordlnwr to" the Report ,
Will Xot 3liit < > rnll7.e. !
CONSTANTINOPLE , May 11. The Porte
has given authoritative denial to the state
ments that Sheik Ul Islam has Issued a cir
cular to the Mohammedans In Constantinople
nnd the provinces , foreshadowing a holy v/ar ,
and to the report that the sacred edict was
already being prepared.
Mnliitiiln SlutiiH Quo.
LONDON , May 12. A correspondent of
the Dally News at Homo says : "It Is re
ported here that Russia and Austria have
concluded nn agreement to maintain the
status quo In the Levant and to dlvldo In-
flueuco In the Dalkans , giving Russia a free
hand In the eastern portion and Austria in
the western. "
Corre > iiondeiitH Arrexteil nx Spleii.
ATHENS , May 12. An 'American corrc-
npondcnt representing an English newspaper
and the correspondent of the Fremdenblatt
have been arrested at Almyros as Turkish
spies.
( ireeU Trooim Are I/envliiB Crete.
CANEA , May 11. The Greek troops are
already leaving Cr te on board three Greek
steamers.
KA'UAI * 1IOXIXG III.OW NOT MUHDHIt.
Federnl firnnil Jury ItofiiNfM to Indlet
it Soldier Who Slew 11 Coinrn < le.
CHEYENNE , Wyo. , May 11. ( Special
Telegram. ) The United States gr.md jury. In
scsdion here today , decldca f.iat a fatal blow
struck In a boxing contest Is not a felony.
It refused to Inflict Daniel Shay , a soldier
Iu the Eighth United States infantry , who ,
while sparring with a comrade , killed him.
The evidence showed that there was no
nmlico In the killing and the death was de
clined accidental and Shay was discharged.
United Slnte * Court nt Clicyeiiiie.
CHEYENNE , Wyo. , May 11. ( Special. )
The. May term of the United States court
for the district of Wyoming was commenced
hero this morning , Judge Hlner presiding.
Unlike several of the surrounding districts
there Is money enough on hand to enable
both grand and petty jurors to attend and
the full criminal docket will be tried. Joseph
E. Simmons ha.3 been given a judgment
against the Union Pacific railway company ,
by agreement with the defendant , for $ SOO
for the loau of an arm sustained whllo plan-t |
tiff was In the company's employ. The ]
graud jury for the term convened today.
'
Ilullet WIIH Ileinnveil from HH Arm.
HAWLINS , Wyo. , May 11. ( Special. )
Word has been received here from Denver
that Jamm McCann , who was shot by Mr.
Turpln of thin place In mbtalte for a burglar ,
Is rapidly recovering fiom the effect of lilu
wound. The x-rays were used to locate the
bullet In McGinn's shoulder. The shoulder
blade was not Injured , the bullet passing
under the bone and striking the arm , break
ing the bone. The bullet was extracted.
Fund to Ailvertlxe Itleh Kami I.nitdx.
EVANSTON , Wyo. , May 11 , ( Special. )
The business men ot this city , have raUed
a fund of $2,000 to be iwed In promoting the
Kettlement of farming lands along the Hear
river In thn vicinity of Kvnnoton by coionlnts
from eistern states. The services of nn Im
migration agent have been secured and a
portion ot the fund will bo expended Iu ad
vertising the I amis.
Ciixe AKiiliiNt llriiUeinen DIxinlxMeil.
CHEYENNE , Wyo. , May 11. ( Special. )
The case against Gus Ilucklngham and John
Illttcndorf , Union Pacific brakcmen , charged
with misplacing a switch and derailing an
engine on the Cheyenne & Northern railway ,
has been dUmtaued by the county attorney ,
The evidence In the case was not sufllclcnt
to warrant holding thu defendants.
TO IXVISSTIHATH TUB I.HOXA K1IU2.
Inxiicctoi-H AVII1 TaKe the Mutter Up
Thiirxdny Mnriilnur.
NEW YOIUC , May 11 , No official report of
the fatal flro on board tlm steamship Leona ,
which occurred early Sunday morning , has
been received by the United States local
Inspectorc ! of eteani vcrsels , hut Inspector
Petru says that an Investigation will begin
on Thursday mointug next , The bodies of
the thirteen vlctlmc ot the fire icmnln un
identified at thn morgue. The hodlen sup-
poued to be those of Mrn. Maria Modro and
her two children await more positive identlfl.
cntlon. After the Inquest on Monday next
the unclaimed remains of the unfortunate *
will be disposed of In the usual manner.
\VhUK-y Trnxt lluyx the I'lant.
CHICAGO , May 11. Iu accordance with
thiS orders of court , Ilecelver John Me-
Nulta of the Ul.ttllllng and C'ntttlu Feeding
company today sold the Calumet dlstlIU-ry ,
iurt of the linnets of the old Whisky trust.
The price paid for the plant Is J''SO.MO. for
which sum U was knocked down to Levy
Miiyer , who represents , as attorney , th *
reoiffnnlzntlon of the trust. The only other
Iblddir was Attorney A. A. Canavan , who
uevvral cuyltullsts In the city.
CONSTASTINE AND HIS ARMY
Eoldicrly Looking Man nt thfl Head of
Raw Reserves.
HAD RECRUITS AND NEEDED VETERANS
I'rnlxeN | | Men for Standing nx ! > OIIK
UN They Dlil nnil ComiilltiientM
the TnrUx for Their
Ability.
( Copyright , H97 , by I'rcn Publishing Company. }
DOMOKOS , Greece , May 11. ( Now York
World Cablegram Special Telegram. )
Prlnco Constantine ot Greece Is not to bo
envied. Ho has fully used all of his slender
facilities to the best advantage , yet he has
been criticised by Iho > olatlle Greeks , They
expected him , by the sheer force of his name ,
to organize shepherds and make them good
soldiers and conquer Turkey , all In clx
weeks' time. Now they arc not satisfied.
Prlnco Constantine lives In a small stone
honso on the Ice of a hill , and It wan there
I found him. Ho has a brilliant , soldierly
looking" start and Is Ivlmsclf tall , well set
up andhandsome. . He received me cour
teously In n small room containing only a
camp bed and two chads. The furniture Is
'so slinplo that when ho wrote his tele
gram'to the World this morning he had to
UEO the bed for a table
"I shall say nothing of the unprepared-
nose of Greece for war , " he said. "That would
bo criticising our government who made Ct ;
but you can't expect reservists , who haven't
seen a gun In ten years , to become rea
soned troops In thrco vrceke. The- Greeks ,
especially the mountain .ncn , are naturally
splendid material , but to conquer an army
one-half larger , against a tremendous artil
lery , needs veterans , no matter what cxpcrl-
cnco the generals have had. The Larhsa
retreat could never hav j happened with
drilled troops. On the whole , my Greeks
have done well against great odds. "
FIGHT LIKE SOLDIERS.
As to the Turkish troops , the crown prince
said : "Tho common soldiers fight extremely
well , and their officers don't spare them. At
Melouna Pass numbers won. Solid masses
were thrown Into the defile and the Turks
forged ahead by sheer weight. They arc not
naturally better fighters than ours. The
Turkish commanders are slow to follow up an
advantage. For Instance , at Larlssa , where
they caught our army unprepared. "
"How about the Turkish artillery , your
highness ? "
"Ah , " ho answered , "that la splendidly
officered. Whoever has trained It , it Is too
good for Turks. Their gunners got our range
always at the second shot. They have lots
of artillery. Ours is good , but email. We
have been handicapped woefully by lack of
cavalry. What we had I have -worked so
hard that now only 200 are fit for service.
In the mountains here , however , cavalry Is
'
not so Indlspcnslble. These'mountains are
Grceco's natural breastworks. "
I next asked the prince : "Why did you re
treat from Pharsalla , your highness1 >
"Tho Turks were 25.UOO strong and the
Greeks only 18,000. The whole ot the cp'-
posito sldo of the mountain was black with
Turkish field guns ; the Greeks had only six
batteries. Do you wish further reasons ?
Our men fought splendidly at Pharsalla , es
pecially the foreigners In our ranks , among
whom , I believe , about the only American
was an 18-year-old boy from New York
City. "
TURKS BEHAVE WELL.
"Do the Turks commit , as many atrocities
as have been rumored here ? " I asked.
"No , " was the answer. "Some authentic
reports of atrocities came here from Eplrus ,
but here , outside of the needless burning of
villages , the Turks have behaved very well.
"As to the comparative losses , the Greeks ,
although retreating , baa faiuch the best of
It. Our loss was about 1,000 killed and
wounded. The Turks probably lost 12,000.
An English co-respondent on the Turkish side
estimates it at 22,000. The Turks advanced
in open order , taking advantage of every
cover offered by the Greeks. Their great
loss was duo to their throwing solid columns
against strong positions , Had our ammuni
tion been as fresh as that of the Turks their
less would have been even higher.
"Colonel Smolensk ! lias been doing good
work on our right. He la energy personified.
Ho Is very much like the Cuban Gome/ , you
toil mo abnut. He held the Turks back
agaluct odds at Velestlno for a whole week.
Domokoa Is very strong against assault , al
though usually Hanked by the plain on our
left. Wo shall not Klve up the position unless
starved out. I do not know what hour the
Turks may attack us , but If they surround
us , wo shall fight it out until our supplies
fall. We have three 10IS centimeter Kruppa
In excellent raking positions and eighty field
pieces and mountain guns , with plenty of
ammunition. "
As to the political aspect the crown prince
was reticent. "I am the general commandIng -
Ing , to make the most out of the troops , " he
said. "Far politics , go to Athens or Con-
ctantinople. "
"Aro you not forgetting Paris , your high
ness ? " I suggested. The prince smiled.
At G:30 : this afternoon volumes of smoke In
the plain to the left of the Greek position
Indicate the approach of the Turks. It was
reported today that 10,000 of tlio enemy were
appioachlng by this ( lank in a way to sur
round Domokos. Everybody that could get
away left town In expectation of a hatilo to
morrow. The Greeks ate determined to make
a stubborn stand hero , Their artillery has
been placed to meet tlio expected attack. The
probability U that the town will bu sur
rounded. SYLVBSTOR aCOVEL.
piti.vcra COXSTAXTIXI : SPIOAKS.
IxxiieK an Addrexx to Soldier * Under
HIM ClinrKe ,
ATHENS , May 11. Crown Prlnco Constan
tine yesterday hsued tlio following address
to tlio troops at Domokos :
Soldiers : The Greek nrmy retires to
Domokos because our positions nt Phnr-
Biilla wora not strong' enough against nn
enemy greatly superior In numbers , but
the positions you occupy here nro BO strong
tliut our nrmy mny bo considered Invincible.
I nm confident that you v > lll bo nblo to
repulse with success uny nttaok of the
enemy , nnd that you will bo shortly able to
tnko the offensive nml compel him to
abandon Greek territory. He-member you de
fend the Hacrod soil of the ftUherlaml and
the honor of the king and the nation. Tlio
enemy must not bo nlloweil to make n
further step Into Qreecp. I know you hnvo
suffered ami are still Buffering many priva
tions , after having been obliged to light HO
many days , but we must endure these pri
vations patiently , confident that wo are do
ing our duty to our fatherland.
CONSTANTINK.
Thn Greek commissariat has collapsed.
The only rations now received by the soldlcis
are bread and checuo. Not oven coffee IB
procurable.
Cntliiillr ICnlKhlN Meet.
MOBILE. Ala. , May II. The eleventh su.
preine council , Catholic Knights of America ,
opened hero today with a largo attendance.
At the cathedral of thu Immaculatn Con
ception pontifical high maun was celebrated
In the. presence of Archbishop Gross of
Portland. Ore , , supreme spiritual director
of the order , nnd IllHhop Domereuux. After
mat * ? , the convention nsxombled In MrQIlI
Institute and addresses were made by Gov- ,
crnor Joseph F. Johnston for the male of
Alabama. Mayor J. C. Itubli for the city of
Mobile and Kdward Feeny for tlm Catholic
Knights of America. The afternoon ses
sion watt devoted to the receiving of re
ports , resolutions , etc. , ull of which were
referred to committees. The day's session
closed with nn address by Archbishop
Gross on "How to He a True Catholic. "
Hotly Komi < 1 In Iteuerrolr Idoiilllled ,
NBW YO1UC. May 11. The body of the
woman found In the pnrk reservoir yester
day with a note signed "Tltanla1' upon It ,
Indicating that the person had committed
suicide , has been Identified as that of ICtliel
Marie Hols of Urooklyn. At the housa where
the woman boarded little was known regard
ing her antecedents beyond the fuct that
eho had formerly lived In St. Louis ,
Utniinu iMtovixciAi.JISI.KCTIOXS. .
Complete Turn Otcr.of piiltllnil I'nr-
tlrw In the llilt. ( .
MONTREAL , May llThe puchec provin
cial elections took place today and resulted
In the complete ovofthViw of the conserva
tive party. In the la legislature the par-
tics stood : Conservatives , o& & ; 'liberals , 23.
These figures have been reversed as a result
of today's election , tholftiornls having elected
fifty members , with ajfprobablllly of flftj-
three , and the conservatives about twenty.
Among the prominent conservatives defeated
are S. G , Mantel , commissioner of public
works , and Louis Deaub'len , commissioner of
agriculture. The Issued of the campaign
were for the most part local. Clerical In
fluence played only n , email part. Doth par
ties were pledged to an extension of the
public school system.
DAMSII CAHIXKT STIOPS DOWN ,
Kliiur Aci-eptx the ItexlKtmtluiiN nml
M u in mo n n Kv-1'rcnilpr IXrup.
COPENGAHEN , May 11. The long ex
pected ministerial crisis has occurred , The
premier and minister for foreign affairs ,
Itaron Hccdtz Thott , tendered the resignation
of the cabinet this morning , and the king
summoned ex-Premier Ustrup to form a new
cabinet. In addition to Prcnilcr Hccdtz
Thott , the outgoing cabinet Is composed of
the following members : Hcrr Hump , min
ister of justice and for Iceland ; Colonel
Schanack , minister of1 war ; Vlco Admiral
Ilnvn , minister of marine ; Herr d'Aarhus
Uardcnllcth , minister of public worship and
public Instruction ; Herr Hernng , minister of
the Interior ; Hcrr von Schstcd , minister of
agriculture.
WII.MAM ADDS TO CltAHITV FUNDS.
lloiinteM Tell ThoiiMiiiiit V mil CM to Alii
1'nrlM loor.
PAIIIS , May 11. Emp'cror William ot Ger
many has Instructed ( ho German ambassador
hero to remit the lum ot 10,000 francs'to the
committee of the cliarlly"lazaarwhoso ) work
was crippled by the terrible flro of Tuesday
a week ago. It Is expected that this sum ,
In addition to the 037,500 franca previously
received by the committee from an anony
mous donor , will enable the work of charity
to bo carried on as usual.
It Is stated that' ' certain Orlcanlsts tried to
persuade the duke of Orleans to make the
funeral of the Uuko d'Aumalo the occasion
for anotber sensational Vcliirn to France , but
the duke declined to ask the government for
permission to attend the funeral.
Sl'AXISII IIA'.MC ' IS STII.I , OI'KX.
Simply IlcelliioH to iAcc pt I'nper HlllN
for Sllvurf
HAVANA , May 11. The Spanish bank has
not suspended. The report to that effect
grow out of the suspension by the Spanish
bank of the exchange of paper bills for sil
ver , which step was brought about by order
of the government. As a result crowds
of people wi-nt to the bank yesterday to pay
their taxes , believing 'that scrip would not
he received , ln the future on .account . of the
exchange ot paper for silver' being done away
with , and also owing to.the rumor that paper
money would be listed , thua causing great
losses. The bank , however , continues open
and Is doing business as usual today ,
Yvette Ci ii I Inert , to Marry.
LONDON- , May 11. A ildpatch to the Dally
Cnronlclo from Paris sayp .that Mile. Yvetto
Gullrjcrt , tjip 'celebrated , ca7ochantant , will'
bo marriod"tOmorrow to Dr.jMax Schiller
Dr. Max'Schiller Is a broO riln-law of Tfc'o-
doro Hoscnfelt , who , will : ; hla > brother.Garl , , ,
brought llie famous Lilliputian * to'Qils coun
try. Dr. Schiller acted as their manager until
1895. "Hothen , managed the little people at
the Fifth Avcnu'o theater. Later he went to
Chicago and It waa'theft ho met Yvetto
Gullbcrt. He had her promise that she
would abandon the vaudeville stage and
'
branch out as a star' In the legitimate. It
was announced several months ago that she
would soon make her debut In Purls as
Camllle. Dr. Schiller Is a bachelor 3C years
old. He was , previous to _ coming to this
country , a practicing1 physician In Berlin.
KiiKllHh CnpltullMlH In Mcxleii.
MEXICO CITY , Mex1. , May 11. The steam
yacht Rhouma , from England , Is expected
dally to arrive at Ve'ra Cruz with a largo
party ot English capltjjlsts who are coming
to Investigate the chances for business In
vestments. A party of local bankers arjd
capitalists start today1 for Vera Cruz to
meet them and accompany them to this city.
It Is the largest audy wealthiest group of
Englishmen that hs over Vsttcd ( the Mexico.
Gold exports from this country during the
first half of the current fiscal year are of
ficially given at $3,685,033. an Increase of
$1,222,192 over * the amount * exported In the
corresponding half of the previous fiscal year ,
Miliiy Attend < lueeu'N , ) rnwliiK Iloom ,
LONDON , May llrJTlic"queen's drawing
room at Buckingham 'palhco today was a
most Imposing function. Half'a dozen duch
esses were present. addition to hosts ot
other distinguished people. There was a large
attendance of ministers , and members of tbo
diplomatic corps. Lady Naylor-Leyland , ac
companied by her mother , Mrs. Chamberlain ,
of Cleveland , O. , and 'Ludy ' William llcres-
ford ( formerly Mrs. , < Loul ? Hammersley of
Now York , and later Lillian , duchess of Marlborough -
borough ) were among the.jMncricans enjoying
the entree , , \ '
AVilM the DiiUc'.MnrrltMl f
LONDON , May 12. According to a dis
patch from Paris ta the Dally Chronicle , the
question whether the Iste Due d'AimuIo was
ever secretly married Is rendered i-.ioro deli
cate and complex by Uheact that there Is
a lady residing on tho-Chantllly Oomin | who
has always been admitted Into the Inner
family circles. Slio oftci : uuarul In the liter
ary work of the late dukp , who , it 's be
lieved , married her prlvatqiy at homo ,
Knu-llHli Court : Will Mourn.
LONDON , May 11. The English court will
go Into mourning fpr ( ho late Duchess
d Alenron , from May J2 to May 22.
JV | .W15ST INDIUS.
Over it IlimilrfU JV.cnijn Killed | y a
belxsilo Ujwtiirliunee.
NEW YORK , May 11. The Journal tomor
row will say : JS
Earthquakes are shaking tthe Islands of
Guadaloupe and MontBecrat of the Leeward
group of the West ladles ? A report a few
days ago stated thaj a ( lumber of persons
had been killed at Guadaloupe. Details were
supplied by1 the Quebec Jllier Iladlana , which
arrived hero yesterday from .Leeward Island
ports. In the heaviest t.Uqck fifty colored
people were killed 'by being burled In ths
ruins of their houses. III a brick church a
congregation of 200 po.ylewas caught by
tbo collapse of thu tvatty auJ fifty crushed
to death , Twenty.flvo or'.thirty people had
lost their lives at Palnt-a-Plftrle.
Kiirthuuuldv .lit , , Vrn. (
ATHENS , May U. A dlnpatch from Arta
says that an earthquake uUpck lasting thirty
seconds was felt there list'evening. .
llolil Inheritance Tux l.atv Vlillil.
SPKINC1FIKLD. ,111. , May ll.-The III-
nols supreme court today decided the In
heritance tax lav- , .patHi-a by the wtnto
legislature two years ago , to be. constitu
tional , reversing the decision jot the lower
court. The law provides for it' graduated
tax on all inhcrltunci'H ot a. valuu of over
{ 4,000 , and n test case wau made on the
estate of the. late John 13. Drake , formerly
proprietor of the old Grand Pnclllo hotel ,
who left property estimated nt $2,000,000 ,
The case will probably be carried to the
federal supreme court ,
MuvrnifiilH of Oceim Vc'NuelN , Mny J ] ,
At Now York Sailed Havel for firemen ;
Dovlc. far Liverpool ; BcrvU , for Liverpool.
At Phlhidelphlit-Hallcd-Illlnoli ) , for Ant
werp ,
At Hrcmerhaven Arrived Weimar , from
Nt-v. York
At Hoiognc Arrived Vvondam , from
New York ,
At Plymouth Arrived Lahn , from New
Ycrk.
HOUSE DECLINES TO CONCUR
Refuses to Adopt Forestry Amendment to
Sundry Civil Bill , -
EXPECTS CONFEREES TO CDVER GROUND
Completcx Conxlderntlnti of the lllll
nml Soiidx It to Conterenee I'enrl
lliirlior ItiiiiriMenient Amend
ment In Rejected ,
WASHINGTON , May 11. Consideration of
the senate amendments to the sundry civil
appropriation bill wns finished by the house
today and the bill sent to a conference. Presi
dent Cleveland's forest reservation order was
the subject ot much debate and the house
voted not to concur In the senate amend
ment to annul the order , with the \inder-
sUndtng that the conferees should arrange
an amendment which would have the fame
effect. The debate was participated In al
most exclusively by western members who
pointed out the Injury to present scttlcra
that would result If President Cleveland's
order should become Imperative. Several
amendments were offered but withdrawn.
Short speeches criticising President Cleve
land's order were made by Messrs. Under
wood , democrat of Alabama ; Kills , repub
lican of Oregon ; Knowlcs , populist ot South
Dakota ; Licey , republican of Iowa ; llmcker ,
democrat ot Michigan ; Dcvrlos , democrat of
California ; Ualley , democrat of Texas , and
Mr. Hartman , silver-republican of Montana.
Mr. Lacey remarked that Mr. Hartman as
sumed that President McICInley would repeat
the mistakes ot President Cleveland.
"I don't think there lo any man on the face
ot the earth such a blunderhead that ho
could make the one-thousandth part of the
mistakes made by Prcrldent Cleveland , " re-
tortsd Mr. Hartman. "I did not support
President McKlnley , but thank God he is an
American president and the first one we
have had In four years. "
Mr. Lacey withdrew the amendment pro
posed by him yesterday , other pending
amendments were withdrawn , and the house
voted , 100 to 39 , to nonconcur In the senate
amendment , with the undeistandlng that In-
structlono bo made 'to the conferees later.
MINERAL LAND COMMISSIONERS.
The senate amendment providing that the
mineral land commissioners bo appointed
by the president , "with the advice and1 con
sent of the senate , " was opposed by Mr.
Dockcry , democrat of Missouri , who as
serted that Ita only effect was to take the
olllclals out of the classified service. Ho
used this as a text to taunt the republicans
on their civil service record.
-It was contended by Mr. Lacey that the
twelve commissioners were democrats ap
pointed by Mr. Cleveland who endeavored by
bis order to continue them In omcc.
Mr. McRae , democrat of Arkansas , replied
that one member1 of each of the four , boards
was a republican. The house concurred In
the amendment.
Mr. Cannon offered an amendment to make
available J2.GG3.323 for Improvement of the
Mississippi river In the fiscal year 1S97-9S ,
ot which $500,000 should be deducted from
the appropriation for 1S9S-99. The effect of
tho.amcndmcnt was to expend a half million
a year before It would otherwise be availa
ble , afld It was agreed to.
The house voted not to _ concur in the
amendments.approprjatIng | 5OOQ'forthqcon-
tinuatton by the secretary of agriculture'
an Investigation of the beet sugar Industry
and another requiring the secretary of war
to appoint a superintendent of the traffic
through the locke of the Monongahela river
as soon as the government comes Into pos
session of the works of the Monongahcla
Navigation company.
Mr. Lewis , democratic of Washington ,
made a pica for the senate amendment for
$10,000 for a survey of the Improvements pro
posed from Salmon Bay to Smith's Cove ,
explaining that war ships might bo anchored
In Lakes Union and Washington when the
project waa completed. The house voted to
nonconcur.
PEARL HAUI10R.
The most. Interesting debate was on the
appropriation of $50,000 to Improve Pearl
Harbor , In the Hawaiian Islands , which was
rejected by a vote of 85 to 53.
Mr. Hltt of Illinois eainestly urged the
Importance of taking steps to confirm the
tltlo of this government to the harbor , In
view of the senate proposal to abrogate the
Hawaiian treaty. Mr. Hltt said In part :
The senate has now before It a bill which
will abrogate the reciprocity treaty. There
is a contention on the part of the Hawaiian
govcrnmc'iit nnd that contention would be
supported with the utmost support thnt
could be given by Great Hrltnln and Japan
thnt the grant In the supplemental con
vention would fall with thu original treaty ,
anil thus we would lose Pearl harbor. The
treaty In which Is expressed the considera
tion giantcd to the T'nlted States for the
favor of reciprocity says expressly that U
shall continue whllo that treaty is In force.
That consideration was the absolute cx-
cluHlon of all other governments In the
world from any right to lease or bold any
part of the territory of the Hawaiian
Islands.
I do not wish to discuss the question of
annexation , for I think It has nothing wh.it-
ever to do with this question. If the Ha
waiian Islands were annexed tomorrow the
necessity for thu adoption of this amend
ment would remain as urgent as ever. Wo
have tried for thirty years to secure naval
statloim In many parts of the world , and
not one have wo today. The navy of Great
llrltaln , which Is BO powerful , can he placed
In any part of the globe nnd bo within
reach of supplies as well as facilities for
repair. Our nation , In case of war , would
be helpless as Boon nH lt real ran out.
In the Pacific ocean the great powers of
the world England , Franco , Germany ,
Spain nil possess one , two , ten , twenty
spots from which to fit out ships that would
devastate our coasts.
How Important docs England deem this
advantage when nh linn poured such mil
lions upon these little refta and points nnd
hills of the liermudas ? For what ban that
all been expended ? Not to light with
Franco ; not upon the possibility of a strug
gle wltlv Russia , her great rival. It Is because -
cause thoao ships carry guns that may
come Into our ports , It IB becnuso they will
be the most terrible weapon against us In
the contingency of war. Now , If that treaty
fallH , If It Is abrogated , Great Ilrltnln will
preca for new relations with Hawaii. In
stantly Japan will be pressing and fiercely
pressing. In the telegrams of this morning-
I read that the cruiser Nineveh has al
ready arrived at Hawaii to press claims on
that feeble government. Wo will only hold
It with our guns In position , nnd this very
treaty has been construed to give us au
thority to erect fortlllcntloiiH there.
Mr. McMIIIln : Then the gentleman's pur
pose IH llrnl to Improve the harbor and then
to fortify It ?
Mr. Illtt ; All that belongs to the gentle
men who will follow IIH on thin floor. I
speak of the policy and of the wisdom of n
government like ours , of a great republic ,
of a great nation , looking to the fact that
the sea power IH the test of rank and mio
cesa of nations In the future. We have
here n moment In which , by thin small ex
penditure , we can put our foot down and
do more than have a hypothetical right to
have something more than contention In
a diplomatic discussion , to plant our Hag
at the entrance of that river , and It will
not come down In n thousand years. ( Loud
applause , )
CANNON REPLIES ,
Mr. Cannon replied to Mr , Hltt , saying
that this government was In no great danger
If congress did not make tbo appropriation
at thin session. The harbor had been granted
to the United States absolutely for all time ,
and was as much our property as any harbor
on tbo Pacific coast. He believed the gov
ernment ehould Improve Pearl harbor as U
would any other harbor It owned when It
needed Improvement. It wns within five
miles of Honolulu harbor , where the' vessels
ot the United States bad always been able
to coal and always would bo while they had
the money to pay for the coal. The appro
priation would not sufllce to dredge the sand
from the harbor. Thn Inhabitants would
raise the price of their corner lots as noon as
Improvements 'were ' commenced on the har
bor. The appropriation was not sufficient
to buy a foot of land or begin a naval tta-
tlon. ' .Mr. Cannon did not believe In magnify
ing the Importance of these International
matters and becoming frightened at this or
that nation.
The Item was opposed by Mr. Sayers , bc-
cauic , ho said , as teen as Pearl harbor had
been Improved the government. , would be
called on to expend several mlllljHBWortlty
It. Instead ot looking abroad olRVctft ot
legislation , congrers Ehould IcokBVJdV relict
ot Ita own people. JTCliB
UEL1EVKS IN ANNKxJJEj |
Mr , Cummins ? , democrat M | M York ,
opnkc eainestly tn favor ot tlui KVrhtlon.
"I have faith enough In tlii/lBSwtUm / of
President McKlnley , " he sa/ITj / * believe
that before he loaves the wlI = B > ue the
Hawaiian Islands will be an / RV part ot
this republic. " ( Republican U me. )
Mr. Hllborn , republican ofVtCmWila , said :
"Tho United States has boKJB sheet ot
water at Pearl harbor , but nfl nt ot land.
All the land at Pearl harbor na8'won bought
by speculators , who hold It In the expecta
tion that the United States must buy. "
When the United States was no badly off
for naval stations at home It was folly to
build them abroad , ho said. In case of war
all the power of the navy would ho required
to hold Pearl harbor , and In caeo of annexa
tion the harbor would be unnecessary.
Mr. Simpson , populist of Kansas , advo
cated the project. This hurbor , he said , was
more needed than one at home , since the
United States had adopted the policy of
maintaining a great navy.
Mr. Henry , republican of Connecticut , and
Mr. Walker , republican of Massachusetts ,
spoke In favor of the amendment.
Mr. Sayors warned congress that the next
step In line with the proposed policy would
be annexation. Ho warned them not to bo
frightened by the report thnt England would
take possession ot the Islands. "Next to a
conflict with my own biethrcn , " ho said , "I
would deplore a war with England. I do not
believe England wants a war with us anymore
moro than we want war with her. "
The vote was taken on Mr. Hilt's motion
to concur In the senate amendment , which
failed by a vote of 53 to 85.
Comparatively few republicans were pres
ent and the vote was nearly a party one.
Half a dozen democrats and populists. In
cluding Messrs. Cummlngs of New York ,
Tate of Georgia. King of Utah and populists
Simpson and Rldgely of Kansas , voted to
concur , and about a dozen republicans ,
among them Messrs. Cannon , Hllborn ,
Parker , Moody of Massachusetts , nroderlck
of Kansas , Ilromwc.ll of Ohio , Llnney of
North Carolina , voted not to concur. The
Pearl harbor amendment was sent to con
ference.
The amendment for four additional com
missioners for Alaska and the same num
ber of deputy marshals was accepted.
Messrs. Cannon , Saycrs and W. A. Stone
of Pennsylvania were appointed conferees
and then , at 5:30 : the house adjourned ( jntll
Thursday.
cun.v oivn.v THU RIGHT-OF-WAY.
Semite llexnmeH Uehnto of the M or Kim
HcMoIiitlon.
WASHINGTON. May 11. Senator Mantle
of Montana Introduced two amendments to
the wool schedule of the tariff bill today. Ho
explained that one ot these represented the
views ot the National Wool Growers' asso
elation , while the other had been agreed to
by a number of senators on the republican
side. The amendments were refeircd to the
finance committee.
Mr. Gear , republican of Iowa , chairman of
the Pacific railroad committee , said he would
not press his motion to proceed with the
Pacific railroads bill today , but would urge
It on Thursday.
The Morgan Cuban resolution was taken
up as soon as the rouUiio.buiiIae3s.-ivas.out
of the way , and , Mr. Merrill , republican of
Vermont , spoke In opposition. The senator
said the purpose ot all the Cuban resolutions ,
Including that of Mr. Morgan , was to wrest
from the executive the right he alone hith
erto had exercised ot iccognlzlng the lielllu
erent rights or the Independence of nations.
Mr. Morrlll declared that congress had no
such power and Its excrclso would bo con
trary to all precedents. Belligerent rights of
revoltcrs should not have recognition based
merely on cympathy , but must bo based on
jusflco and law.
He argued In favor of leaving the president
a free , hcnd 'n ' Cuba and said that were wo
now to recognize the Cuban revolters as bel
ligerents the legitimate government would at
once be released from responsibility for
damages which American citizens may suiter
from any future acts or misdeeds of the re
volters. When the executive , legislative and
judiciary functions are only documentary and
migratory , revolters were not entitled to rec
ognition He hoped for the early and com
plete Independence of the Island , and when
the time was ripe Independence would come ,
war or no war. nut ho was opposed to the
annexation of Cuba , as It meant the ad
mission of Cuba as a state equal In power
to New York.
Mr. Morrlll then turned his attention lo the
now and botched version of the Monroe doc
trine , with all Us apocryphal additions , by
our intrepid Jingolsts who sought to make
the United States the "unasked guardian and
the fighting champion of all the American
republics , big and little. " If this now ver
sion was to bo an established policy , then It
waa tlmo to create an army and navy which
will eclipse that which might be brought
against them , to pile up taxes to sustain a
huge military establishment and to supple
ment the schoolmaster with the soldier. Mr.
Morrlll referred to the belligerent talk of
certain statesmen who seemed to want war
at any time.
Mr. Kyle , populist of South Dakota , rose
to a question of privilege at the close of
Mr. Merrill's speech. Ho paid crltlclams had
appeared In the west relative to his position
on senate committees and Intimating that It
was duo to some understanding with repub
lican senators. Ho came hero , ho said , with
out knowing that a reort'anlzallon was con
templated. Ho had had no conference with
democratic or republican senators as to where
ho would bo assigned on committees , and ho
objected to the malicious telegrams sent out
from Washington that he had begged assign
ments anywhere. Mr. Kyle said that as ho
understood the policy of Iho populists they
believed In giving the control and responsi
bility of the scnato to the republicans , Ho
believed that was Iho rightful policy.
Consideration of the Cuban resolution was
resumed and Mr. Foralter of Ohio , who has
Just entered the committee on foreign rela
tions , spoke briefly on the desirability of care
ful Inquiry by the committee. There was
no purpose , ho said , to trlflo with the resolu
tion , and ho urged Mr. Morgan to allow It to
bo referred ,
Mr , Allen , populist of Nebraska , asked what
moro could bo learned.
Mr , Foraker responded that a question ex
isted as to the facts. The hObject divided
Itself , ho said , under three lcads. } First ,
what are the facts ; second , what Is thu law
applicable to the facts ; thlrd.lwhat Is the
policy which wo are to usaumt. under this
condition of law and facts. lr. Forakcr
said ho had read tome ot the evidence In
the possession of the State department and
ho felt that It should be. examined carefully
before action was taken ,
This led Mr , Allen to a warm crltlclt-m of
the "premeditated purpose of the state de
partment to keep the senate In Ignorance. "
Fortunately , however , the world know the
facU as to Spanish cruelties. If delay waste
to be the policy of the administration , slid
ho , then It wan a cowardly policy for any
administration to adopt.
Mr , Foraker disclaimed having eald any-1
thing to warrant a statement that the
executive or elate department withheld In
formation from thu cenate and desired de
lay. The department wad purmilng in *
qulrlca with a view to acting understandIngly -
Ingly In thin matter ,
Mr. Allen asked If Mr , I'orakcr dUunlnaed
the Inquiries of the former administration
as competent ,
The Ohio senator answered that the In
formation now available at the blate de
partment dealt with tlip present status of
affalra and there was every purpose , he be
lieved , to place thin at the disposition of
the senate.
The report on the Indian appropriation bill
was concurred In and the Items of disagree
ment sent back to conference.
At 3:30 : p , in. the senate went Into execu
tive eetelon , and half an hour later ad
journed.
HIS TITLE IS CLEAR
Oolonol Frank E. Moorcs Takes His Scat 03
Mayor of the Oity ,
COURT SUSTAINS WILL OF THE PEOPLE
Judges Powell , Dickinson and Koysor Unani
mous iu tbo Opinion.
WRIT OF PEREMPTORY MANDAMUS ISSUED
General Satisfaction is Expressed on All
Sides Over tlio Hoault.
LEGALLY ELECTED MAYOR NOW IN OFFICE
Crortdx In tliu Street Cheer the VIctrM
When He Alineiirx mul Follow
Him tti Oll'er Their Coti-
Ifmtulntlonn.
Mayor Frank K. Moorcs formally took ha !
cent yesterday by vlrtuu of the decision o
the district court by which tlio rhllciiloua
pretensions ofV. . J. Droatch to a position for
which he hail been repudiated by the pco-
plo at tlio primaries , In the convention and ntr
the polls \vcro cfTcclually disposed of ,
Burly In the uftcruoou Judges Kcysor ,
I'owcll and Dickinson , sitting en bane , ren
dered a unanimous opinion by which the re
straining order secured by Uroatch the day
before was dissolved and a peremptory writ
of mandamus WUH lasued by which Hroatch
was directed to at once- turn over to Mayor *
Moores the ofllce , records and other preroga
tives of tlio mayor's office. The writ was
served Jater In the afternoon and Hroatch
reluctantly abandoned his position and turned
his oulce over to his successor.
" > vnr Voorcs wns installed In the mayor's
] ofllco In the city hall , \\hero ho held an In
formal icccptlon for his enthusiastic follow
ers anil received the congratulations of his
friends on his final victory. While very fcwr
seriously believed that tlio position assumed
by the ex-mayor would Bland for a moment
when It was brought Into court there was
general satisfaction tixpmoed' when the con
troversy was ended. The sentiment among
citizens of ull parties was decidedly against
the monarchical proceedings of Droatch and
expressions oi satisfaction nt his defeat were
heard on every hand.
mtO.VTCH IS linATUN IIOTII WAYS.
JmlAfH Decide Hie fTaxex III Furor of
Mnyor JIiHirc-K.
Judges Powell , Kcysor and Dickinson of
the district court , sitting en bane , yesterday
afternoon refused the application of W. J.
Droatch for an Injunction iln quo warranto
proceedings to restrain Mayor Moorc from
exercising the functions of the nfflco to which ,
ho was elected and granting' ' the application.
of Mayor Moores fov.a . peremptory writ of
' ' ( ' " ' ' ' "
nTaVdamus busti'iis 'W. J.'ilr'(5'atchv"fi1onrtho (
oflIcO which he usurped without authority.
The writ was Issued at once , mlt Uroatch'B
attorneys waived the service and said their
client would turn over the olllcb whenever
demand was made upon him.
In rendering the opinion of the court , each
of the Judges stated his position. Each con
curred in the denial of the application for an
Injunction and the Issuing of the writ ot
mandamus.
Judge Powell spoke first. IIo recited the
allegations made In the petition of .Uroatch
and said that these allegations showed on
their face that Moores had taken every step
necessary to qualify him to bo put In pos
session of the ofilce. The Judge paid It was
conceded that In this state the only way to
try the tltlo to an ofllce was by quo warranto
proceeding ? . The plaintiff in th < > quo war
ranto proceedings had not alleged any
defect In the election or the law , but had ad
vanced the claim of IncllRllilllty. The court
dwelt particularly upon the fact that the at
torneys for Droatch had not quoted from any
of the reports of the Nebraska supreme
court , but had referred entirely ti reports
from other states. He aald that In the
opinion of the court the reports of the Ne
braska Biipromo court were very
clear upon the very point Involved.
Ho then quoted from doclMona
of this state to show that the court had held
that a certificate of election IB conclusive
evidence that the holder Is entitled to tlio
possession of the ofilco to which ho was
olecttd. He said the supreme court held that
It could not co behind the returns. Judge
Powell tald that If the contention of Uroatch
was correct , that ho was entitled to an In
junction , this would form a very easy method
for keeping a man out of office during the
entire tlmo for which ho had been elected.
If Moores was not eligible , the court saltl
there was a proper and legal method of prov
ing that fact and ousting him. He an
nounced that tlio Injunction 'would bo denied
and the temporary restraining order dis
solved.
Judge Dickinson announced the decision of
the court In tlio mandamus caso. llo re
viewed the case briefly und announced that
the court took the position that It could
not go back of the certificate of clnotlon.
That waa regarded by the court an conclustva
evidence and the answer filed by Droatch.
did not titalo facts sulilck'nt to constitute a
defense. Ho announced that HIP peremptory
writ of mandJmuB would Issue , and an
nounced his concurrence in the vlowa of
Judge Powell.
Judge Kcysor announced his concurrcnro
In the views expressed by his colleague * ) , and
quoted from the statutes of Nebraska as
showing the plain Intent of the legisla
ture that < i > tO warranto proceedings shouhl
bo brought against the party actually ex
ercising the duties of the oltloe. Ho said that
the only right Uroatch had rested on the
adjudication of the quo warranto proceedlngn.
He nalil that however the Judges might fpeJ
about the matter , the law was clear and
the writ would IBSUO , and If It waa found
that Moorcs wai Ineligible he could then bo
ousted.
ii.vni.v : < ; ui TO TIII : in
Atornr ( III tinCnxe Millie Their
ArKOineiilx to Iliu Court.
The argument. ! In the case were heard yes
terday morning , the entire tlmo of the court
being consumed by the attorneys In present
ing both sides of the case ,
The cano was heard In Judge Koynor'n
court room In Tbo Uco building , Judgca
Powell and Dickinson sitting with Judge
Koyuor In tlio hearing , The room waa
crowded to suffocation , every available foot
of space being filled. Early In the proceed
ings the crowd manifested great Intercut In
the matter by making demonstrations whlcli
gradually became louder , until It became
necozsary to stop the proceedings , whllo tlio
court ordered the bailiff to plcar the room
unlffrj order and quiet were preserved.
Tlio quo warranto proceeding brought by
Uroatch to contest Mayor Moorta * alleged
Inollglblllty. with an Incidental Injunction
proceedings to restrain Moores from attempt
ing to perform the duties of mayor , and the
maiiJamim proceeding * brought by Moorro
to compel Droatch to surrender ponscrelon ,
of the ofllco and records of mayor , were
tried together , no far as they related lo the
possession ot the ofilco of mayor. The solo
question at Itsuo was whether Moorffl or
Uroatch should bo given po&Kcuslon of the
olllro pending the settlement of the qua
warranto proceedings brought by UroatcU to
teat MoonV eligibility to hold the olllco to
which he had been elected.
\Vhon I'ourt convened Attorney Wright ,
roprcs ntlng ex-Mayor Uroatch , flltJ hi *