THE OMAHA i DAILY BEE
JKSTAJJL1S1IED JUNE 10 , 1871. OMAHA , TUESDAY MOBNUJT-G , HAY 25 , 1807. S1NGLI3 COPY" FIVE CENTS.
LEAVE IT TO POWERS
Greece Respectfully Declines to Conduct
Direct Negotiations.
WILL ABIDE BY ITS FORMER DECISION
Can See No Reason for Dealing with the
Sultan's People ,
INTERESTS CONFIDED TO THE POWERS
"Willing to Allow Them to Remain There for
Eottlomont ,
CRETANS YET WANT UNION WITH GREECE
( Auk lilt lee nt AtliviiM nn to tin- Hex !
Conrxe to I'nrxiu * In the Mnt-
1 tee l.ateit Hunteru
f 'ATHHNS ' , May 24. Tlio Greek government ,
on a reply to the notification sent by Kdhcm
I'A-ha , commander of the Turkish army In
Thcmaly , that he to empowered to negotiate
the terms of peace with Greece direct , hart
Informed the ministers of the powers hero
that , as Greece has already confided Its In
terests to the power * , there Is no reason why
It should negotiate directly with Turkey.
The Cretan chiefs have sent a document
to the Greek government declaring that
they arc unnantmounly In favor of political
union with Greece , but ( talcing the ndvlco
of the government as to the host course to
pursue consistently and with due regard to
national interests.
LONDON , May 24. The Athens corre-
npondcnt of the Times sas : The Intentions
of the sultan are greatly distrusted hero
and It Is believed he Is avoiding ncgotla
tlons for peace through the powers because
lie wants ndlicm Pasha to march to Athens
The correspondent of the Times at Con
stantinople a > s The sultan , when tele-
Kraphlng to Kniperor William his thanks for
the lattcr's advlco , begged him to continue
It and expressed the hope that ndvlce , which
was founded upon the strong friendship
uniting them , would show Turkey the way
to obtain thu full recognition of her rights
as a victorious power.
A dispatch to the Daily Mall from Rome
Bays that the king of Greece Is beginning to
reassert himself and will soon be able to dis
miss M. Ralll and to appoint M. Katapano
as premier.
BURL1N May 25. Thu correspondent o
the Frankfort Ecllung At Constantlnoph
sajs. Count Nolldoff , the Russian ambasb.i-
dor , made the proposal ns a condition of th
International control of the Greek debt , tha
Hiibsla should take over the Greek In
demnlty as a eet-olt to the Turkish In
demnity duo to Rnsbta , hut the sultan wll
probably rcfuso , as ho wants possession o
the cash himself.
CONSTANTINOPLE , May 21. The decrci
of the Turkish government calling for thi
expulsion of all Greeks from the Ottomai
empire1 , which was to have gone Into effcc
today , has been suspended In view of th
peace negotiations.
VIHY iMiiscunisT IIDT Accim.vrn
Sir lllH AHlimcnil IlnrtlcK'n Toll
lliont Sir I'lilllp Cnrrlo.
( Copsrlnlit. U07 by Press Publishing Company.
LONDON , May 24. ( New York Worli
Cablegram Special Telegram. ) The St
Jainca Ca/etto comments today as follow
on Sir Ellis Anhmead Bartlctt's inteivlev
vlth the sultan"It la stated that the eul
tun told Sir E1IU AHhmead Bartlett tha
the conduct ot the British minister made 1
( lllllcult for the Porte to remain on friend !
tcrma with this country. If this story le
authentic eon.chody has committed a grav
Indiscretion ; either Sir Ellis , In repoatln
what was meant for his private ear , or Abdu
Hatnld in not explaining that the remai
was confidential For n tovcrelgn to com
plain in this ramial way of an ambarsado r
ncciedltcd to his court Is a clear breach o f
diplomatic ctiuuetto , unless followed by
formal protest addicted to tbo proper olllcla
quarter
"But whether said or unsaid. Intended o
not for publication , the criticism has som
truth In It Sir Philip Ciurlo was nojit 01
to worry the sultan and han done It. 1
would tend to nettle down the east If till
too fidgety diplomatist weie sent to cxercls
hla vigor in seme other capltol. "
3111.1:1 IS WITH Till : TUIIICISII VUM *
Afforded HVITJ Pnolllty for Slndj
( In * 'I riinpH In < ll ' Kit-Ill.
( Op > right , If" l > y 1'repn PubllFlilns Company )
CONSTANTINOPLE , May 24 ( Now York
World Cubic-gram Special Telegram )
General Miles has been afforded by the sultan
and all the Turkish otllclals , every facility
for studying the Turkish aimy. He Is pur
suing the work with gieat vigor , and la
kept vcr > buoy. "The olllclals are most Mud
In offering him every aid.
Southern 1'iiolllc llnlorN fiiilv enton.
HOUSTON , Tex , May 24. Some time- ago
C. P lluntliigton made an offer of $1,000,000
In 4 per cent gold hearing bonds for the
GalveMon La Porto & Houbton railway , a
terminal line from Galveston to Houston.
iif > \ \ In tlio liaiuln ot receivers. Saturdiy a
mooting of a commltieii ot the credltoia was
held and It was agreed that , the bonds will
lie accepted. O C Diuw , was appointed
trustee to discharge the Indebtedness. Thit >
will give the Southern Pacific an cntiancc
Io the deep water port of Galveetun , and the
ronrolidatlon recently effected with the Gal-
\ oslnnViuUTii gives It ground for tht
erection of wanes and yards ,
lv mi llolnoil Itenl.
MACON , CSiu. May 24In aigulng for the
defendant In the damage suit of Roland
Heed UKtilnst the Southern railway in the
VnlUd Stilton court today , Attoiney W , A.
Henderson e-tentcd a Kens.itlon by milking
n hitter attack on Riod , Ml. s Isidore Uunh
nml Mrs Meyers , the plaintiffs He com
mented Baicastleally on the reliitlrins exist
ing between Iteod and Minx IlUHh , and
rharaoleil/eil Iho unit ne "A fraud th it
leckid to high heaven" Ho denounced Dr
\ VllllsVtstniorcliinil 1 1m prominent At
lanta HUtfieon who tohiltled for the plalntlffx ,
nml Intimated that hl.i Imihl'lt > to testify
tlilthfully wax du to hla being hvpnotUcii
ronjuied or Infatuated hv one of thu lltl-
KiuitH. and that hooner or later Itolaml Reed
would break Westmoreland's head , If ho.
( Wstmortlund ) did not quit.
Trlul of Vt-n ( iiinlioiii ,
SAN I'UANCISOO , May 24The now gun
boat Winding was given tin uiiolllclal trial
} > y tlio trlul board over thu one-mile coin tote
to test her miichlnuy Kour runs worn
made over the course each way , reuniting
ns follows ; Hist inn course northwest
revolutions of engines 1ST per minute , i < peed
iilnu knots j > er hour ; second run , course
flCiuthenst , revolutions 201 , ppccd fouiteen
Knots per hour ; third run , rtturse. northwest t.
revolutions 120 , speed 11 3 ; fourth run , course
houthowout , revolutions 1205 , bpeed fifteen
knotH , with u current about two knots per
hour K'-'ttlnij' southeast ; draft forward iilni' '
feel , uft olcvin feet , ste.im pressure lii
pounds. Everything worked satisfactorily
Iho board will meet again tomorrow for the
otllcial trial of the Marietta.
Three Dronned.
DI2NVin. .May 14A upectnl to the Rock >
Mountain News from Frultu , Cole , , bays
Today while George Allan , George Wnrrc.
and hli non. Willie Wurnn , wore crosMnf.
the Grand river In a lempoiury ferry tint
the cable broke ami all thrre wrru drownr
The river Is very tilth and la half u mi !
wide At this place.
roil CAsiiinit svrn.r.Y.
Ucleiineil III TliniIn CJn ( o M-e III *
11 } IIIK Wife.
JEFFERSON CITY , Mo. May 24 Elmer
C. Satllcy , who last jcar began a four-years'
sentence In the state penitentiary for Illegal
banking as cashier ot the Kansas City Sato
Deposit and Savings bank , which ( ailed In
1893 , owing depositors over $2,000,000 , was
pardoned by Governor Stephen * last night
and left for Chicago In company with his
brother. He will go to Los Angeles , Cal. ,
wli ere hlii wife Is tmld to be dying.
The release of tin ovcofehler wan accom
plished o quietly that i.ono but the governor
anil the prison cMUUlu l-ne\v that ho had
ponr > till this morning. The pardon wns the
MMili of letter * from prominent persons in
various parts of the ttnic ilovi-nnr Sti'v-
ns , explaining his action , fnvs. "I have
never bcllc'vcd Sa'tley to bo utility , "c WEB
n clerk and responsible to the directors und
Inn othct miperlors ui.'d ni U"l only on or
ders. '
Sattley convleto-1 1891 of having
was - In July , ,
ing received dcpoMts after knowing the liank
woe , practically brot.on and v , as jlvcn a foui-
vcars' Kcntcncc Ho , ippl ! > d tor a now iil'l ,
und pending action on thu motion cngjjod
In leal estate bun.iuHj In Chicago.
The bank failed In tne pamc of 'Sll.t , ea'oh-
Itif depositors for over $2,000,000 Its vat.Ua
were found to contain only $11 010 and slmo
fion the asslgnos * have boon able to pay but
I r ( ' " cent on tlio dollar to the o.OOO deposit-
otn. An invcstlgatlou of the bunk's affairs
showed that President J. P. HarrnRh , ex-
I'rcsldeiit H P. Cliuirilll and Cashier Salt-
ley had borrowcl thousati'h of dollars of the
deposltorn' money on worthies ! securities.
Indictments against President Darragh aie
til 111 pending.
_ _
MOlli : OK TIIIJ M'KTOKItT CASH.
OverhenrM tinAcvilNOil Mnu
All ! Ii ' AllllllNHlOIIN.
CHICAGO , May 24 While l > lng under a
bed In the home of Frank IJlnlk , the former
night watchman at the Luetgert factory , one
ot Captain Schuettlcr's detectives Is paid to
have listened to a conversation between
the accused wife murderer nnd the watch
man. The admltnlons made by Luetgart on
this occasion are t > aid to have caut'ad the
Immediate arrest of the man and the Ktory
of what parsed between the isaUHage maker
and his emplojc will bo told tomorrow In
Justice Korstan's court.
Other IKII tlons of lllalk's testimony will
be nearly aa Interesting. He will swear that
Luetgert ordered him to icniain away from
the vat room on the night of May 1 ; that
twice during the night he bent him out
for a bottle of medicine. Upon his return
with these articles Luetgert each time
opened the baircd doors , reached through
the opening , took the bottle and hastily
closed and barred the door.
Sevctal wllnesscu were examined In the c u >
today , but nothing of importance was devel
oped. Luis Luotgcrt , son of the accused
man , told of hi father and mother leaving
the house together the night of his mother's
disappearance. Several women , neighbors of
the Luctgerts , told of the suspicious conduct
of Luetgert , but none ot them would swear
that the rings found in the vat belonged
to Mrs. Luetgert , although they all said the
rings worn by the woman resembled thoje
found In the vat.
n.v-c.ovniiNou noius nnci-i\is.
IlL'clnrrn lie Cnnnot Acc-ent Ilie 'Nom
ination If OllVrril Him.
DES MOINES. May 24Special Tele
gram. ) Ex-Governor Horace Boles who In
the last three weeks hail been forced by the
silver people Into the position of leading
candidate for the democratic-populist nom
ination for governor , declines to run. In a
letter to the Leader ho saja :
WATERLOO , In. , May a. From private
letters recently received , and reference to
the subtect In some of the newspapers of
the state , I learn that my name Is being
suggested by friends In dlffeiunt localities
us u suitable candidate for the office of gov
ernor on the fusion ticket , which It Is ex-
nectc-d will be agreed upon by the several
conventlbns that are to meet In Les Molnes
In June.
It seems to mo Important that public
sentiment should at once begin to crystal-
Izo on the question of candidates for that
ticket , and tlmo should not lie wasted In
dlscusslnu the meilts or demerits of those
who are HO situated that they could not
accent nominations If offered to them.
I fully appicolate the compliment that Is
paid me by those who suggest my cun-
dldacv nsiilii for the ollleo of governor of
Iowa , but for reasons , iniiny of which .ire
entirely personal , I could not accept the
nomination If tendered to me. Respectfully
voura , HOItACE BOIES.
IIKi III.ACIC 1111,1.4 MIMNC3 1)11.11 ,
I'lirriSjlidlente I'roposex io
Trio n lid II Half Millions.
DEADWOOD. S D. , May 21 ( Special
Telegram. ) A mining deal of gieat Impor
tance to the Bluek IIIlls was consummated
today by the transfer of thirty-six mining
claims and several fractions by the ownern
to what la known as the Pierre syndicate
composed of a number of eastern capitalists
The ground lies adjacent to Lead City ant
Is very rich , the ore having the same gen
eral characteristic's as the celebrated Home-
, ? taKe ores. It Li the intention to erect a
SCO-stamp mill on the Belle Fourche river
Altogether the deal Involves the e.\penditure
ot $2GOO,000.
Denver IH Dreili'lied.
DENVEH. May 24. Denver was delugci
thla afternoon. About 2 o'clock streaks o
lightning wcic Keen In the north , vvhll
Kie.it shoots Hashed In the wist. AH the tw >
storms met , the heavens opened am
let fall Milch a deluge of rain ns has no
been neon In Denver for years. It was nc
eompnnlod by 'wind and hull At It o'elocl
the Hlorin was so bcvore that It was almoi
Impossible to see ten f < U abend , whil
irallle VMI.S absolutely Hiis.pended , every on
.seeking shelter from the torrille fury o
thn elements The downpour did not las
long The lightning struck the Knst Denve
Hlk'h Hcliool nnd almost eiented a p mlc ,
Thn electricity shockeil n number o
students In the recitation room and other
niHhcil for nafoty. Beviral i-lrls fainter
The damage to the building was sllfe'ht.
roiiKrcKMiinii Indleleil for I.ureeny.
ST PAUL , May 21 The grand Jury till
afternoon returned another bensatlomil In
dlotmont , Congrefcnuin r. P. Stevens holn
named and ch.irgcd with an ovoulrafl o
$2,2110 In Ills aceount with the MlniU30t
Savings hank at n tlmo when lit ! watt
trustee and acting piesklciit of < he hink
According to the reietvwn of the Suink th
hnokH sliow that Mr Btov < ni at the tlm
of tlm overdraft VVUH a creditor of the ban
for JJ.350 as attorney'H fir * and also tw
cash eiedits of J1.WO for lHi ) and IS'J ! Th
receivers also explain that the teehnlci
oxeiduift was repaid within onu mouth o
the time when called to Mr. Stevens' nt
tentlon Another Indictment was also re
tinned ngaliiBt W r llickel on the chars
of Brand lurocii ) for an overdraft ,
Soli0111 fold mill lic StrlUr ,
NEW YOIIK , Maj 1'4-Mejer Schoenlleh
leader of the xtrlklng tullois , Unlay gav
out the terms upon which the men vvoul
return to work These ore that llfty-nln
hours shall conslltute a week's woik , tha
the workers uhnll lie paid by the wee
Instead of by tlio table njHtcm , and tha
only union men Bin 11 lie emplo > ed A seal
of wagea IB nl o presented IJy thla sc-al
Ihe manilf.ieturerH would bp forced to pa
a 2S-uent advance on pi en. tit rates ,
Train Vnlllnle TH 11 Men.
CHATTANOOGA. Tenn , May 21-Soutli
orn railway train No , 2 , en loute from Chat
' tnnooga to Knoxvllle , mil over nnd herr :
lily mutilated the bodies of two men nea
MOUKO Creek , Tenn. . tills inoriilni ; . Judt ,
Ink- from all appearances , it Is believed tha
the men were murdcieil unj their hodle
placed on the track to ward off trngplclo
from the murderers. Ono of Ihe men vvn
Henry Preston , 11 resident uf Athens , Tenn
the other an unknow n neuro ,
Mm I'liientB of Oeenii Vi'Nnrl > , Mil ) Ul.
At Cilbraltar Arrived Ems , from Now
Yorkt for Genoa.
At ( Jenoa Arrived Dregon , from New-
At Naples Arrived Altutla , from New-
Turk , vli Mumcllles Balled -Piltjia , for
N . Yelk
U I rnnen Arriveel Al'cr , from New
York , KocnUen LuUc , from New York.
IiUSllS TALKS Ol ( rRAi\CE \
Retiring Ambassador to Faris Tolls Come of
His Impressions ,
GIVES HIS OPINION OF FRENCH PEOPLE
. \NtonlxlitMl n < ( lie luncirniMT- Many
Pulillu Men In IViiiH-e TliliiUii
Arlillriillnn Trent > n "Seti-
tliiiental Knrue. "
PATHS , May 24. The retiring United
States ambassador , Jamen B. Eustls , drove
to the ElvK eo palace today and presented Ills
letters of recall to President Paure. After
the ceremony Mr. Kustla granted an Interview
viewto a representative of the Associated
piesf and gave the latter his Impressions of
Trance , expressed his admiration of the
French pcoplo and gave his opinion of the
tejccted Anglo-Anicrlcau arbitration treatj.
Mr. Eustls said.
My four > ears' residence In Trance has af
forded me a vorv Invorablo opp < irtunt ! > of
studying French Institutions , and It has
been u moat Interesting Htudy , as It has al
lowed me to contrast the wor'Inn of the
republican toviriiinent and the constitu
tional government. There are points of dis
similarity. They nru called sister lotuibllcs ,
but us to fundamental orlnelples they are
not very closely i elated. In advocacy of
personal liberty Trance has never produced
a single great man , the fact being that no
matter how- ardent a republican n Fiench-
nian may be and how great may have been
hi1' devotion to the political rights of the
people , hu does not hoein able to foim the
sllgntc t conception of what arc known In
England and the t'nltcd States as the funda
mental rights of personal liberty They
made a revolution to destroy one b.istlle , but
they have many today on the republican ( .oil
of France , owing to their system of nrbl-
ti.iry arrests , detention and pciqulsltlon * * ,
which renders It the mo < t MUtocrntic form of
government To an American such u system
would render llfo Intolerable. It could bo
wiped out In one day , but no ono peems to
consider It sutliclently Important to protect
the peisonal liberty of thu citizens. The
Trench certainly deserve n great deal of
credit for maintaining their republic In the
face ot such adverse circumstances , but they
present the strange anomaly of a helt-gov-
ernliifr people being fond of the constant
nnd unremitting Interference ot the govern
ment In their i > crsonal affairs and their per-
ECtial relations and being supremely Indif
ferent to the rights of personal liberty. An
eminent Frenchman with whom 1 was dis
cussing this question most truthfully de
clared : "Tho Ignorance of public men in
Franco with reg.itd to the working of our
constitutional government has even amazed
s. "
As regards the French people , my resl-
ence In Pails him Increased my admiration
or them I consider them a most tnnrveloMs
eople as regards their Intelligence , theli
Mrift , their habits of sobriety , their wonder-
ill resources and their devotion to political
borty , nnd If .IF we do , they nllowid their
reo Institutions to develop instead of dwarf-
IB thn Individuals , their national power
ould be much greater than It Is now.
"As you were for years a member of the
enato foreign relations committee , what Is
our opinion of the rejected treaty between
ho United States and Great Britain ? " was
sked.
SENTIMENTAL FARCE.
'I have always considered it a sentimental
arce. It Is based on a false Idea in the
rst place , that the Intelligent processes of
llplomocy are Inadequate to adjust dlftcr-
nces between the Ivvo governments ; and sec-
indly , that the amicable piocess of special
arbitration will not be resorted to when
llplomacy falls. Both of these assumptions
are falsified , even by our very late expcri-
jnceg , and it Is a humllltatlng confession by
rath government to admit that these potent
nstrutnentnlltlcs are not to be within their
each in the future as they have been in
ho past. If , on the other hand , it means
hat the feeling of hostility between the two
countries la so pronounced that It Is neces
sary to establish a disciplinary tribunal to
; eop them In order . .nj to prevent them
rom rushing at each other's throats ( which
s a preposterous supposition ) , any perma
nent tribunal of arbitration would bo brushed
asldo and utterly fall of Its intended pur-
loses. "
"What are > our plans now ? "
"I have presentee ! by letters of recall and
therefore , am a private citizen. I shal
shortly leave Paris , settle in New York anc
practice law there. "
* AICU VI * THU VOV TAU&C1I CASH
fN Hmliriiee Severn ! MlnlMtcrx
nml L\-MlulHtcrN.
BERLIN , May 24. The trial of Herr voi
Tausch , former commissioner of the police ,
who was arrested at the close of the scnsa
lonal Leutzow-Luckers trials , during vvHcl
the Impel lal chancellor , Prince Ilolicnlohc
the minister for foreign affairs. Baron Mar-
schall von Blcbcr&teln and the German am
bassador to Austria , Count Philip van Eulcn
berg , were witnesses , commenced today , and
will probably last a week. Among ti
witnesses summoned are Baron Marschal voi
llebcrstelnr ! Count Philip von Eulcnberg , ex
Mlniolers von Duller and General lironsar
von Schellendorf , Police President Wlndhelm
Hcrr licbcl , ( be socialist leader , and abou
fifty newspaper men , besldcu a number o
olllclals belonging to the different ministries
At the opening of the trial the presldcn
of the court cautioned Baron von Lcutzov
not to depart from the actual truth In the
testimony which he might be called upon
to glvo against Von Tauoch.
The former chief of the secret polltlca
police was then examined. He made a state
ment relative to the employment of Von
Lcutzow and a newspaper man named Schu
mann , by the political police and arsured
the court that ho , Von Tauech , had never
caused political Interests to be served by
his agents. Schumann , or Normaiin-Schu-
mann , Is bald to have been much more guilty
than liaron von Leutzow , Schumann escaped
from neilhi Just In time to avoid arrest
He was charged In conjunction with Von
Leutzow witli having signed fictitious namen
to receipts for money given them to bribe
nawppaper writers or editors or subordinate
employes of the government to furnish
secretly Information of every Kind wanted In
the alleged cp.rnpalgn to discredit the exist
ing cabinet.
Von Leutzow , during hla examination.
testified that he received definite Instruc
tions to pnhlhli rrpotts about the car
troubles of Hi 3 emperor. The wltncts was
asked if Von Tau ch assigned thfso troubleo
to an alleged malady. He replied : "Cer
tainly , Von Taurcli said the malady had
cjiiceroiM basU , was Inherited from his
father and that the dlseas-e considerably af
fected his majesty' ) * general health. "
CO.M-'l'SIO.N ' I.V Till ! HUICHMIATII.
Meiuliorx Have n Tree I'lKlit it ml tlie
SIIUiiK IN SiiMii | > ndeil.
LONDON , May 25 The Standard's corre
spondent at Vienna aajs :
Tlio obstruction which has characterized
the proceedings In ( he Relchsrath during the
last few weeks culminated today In an un
precedented ecene. The president became
so much excited in anticipation of trouble
thai he fainted before the cession opened ,
and the vice president had recourse to every
parliamentary device for obstructing busi
ness , and finally , when these were ex
hausted , they overturned the desks , smashed
Inkstands , flung books In the faces of the
speakers , Indulged in coarse Invectives and
finally came to blows in general riot.
The German party. Inflamed with rage at
tbo edict making the Czech language the
official language of Bohemia , crowded with
clinched lists uround the ministerial table ,
where Count Badcnl , the premier , eat pale
as a sheet , and shouted. "Down with the
Polish iiaJenl " Finally the silting was HUB-
pended amid great disorder.
Iliiiiolanx lleoeliex I'orier. ,
PARIS , May 24. General Horace Porter ,
the United States ambasbador to France , was
received today by the French minister tr
foreign affalrti , M , Hauotaux. General Porter
will have an audience with President I'aurc
on Wednesday , M. Vlgnaud. ttecretary or
tbo United States embassy , presented to M
Harotaux the members > t > t the , American
nimctallla commission , Senator ; Wolcott , ex-
Vlco President Stevenson Alid tScncral
Charles Jackson Paine ot Mar-q&iihusetts.
API'AIUS li ? HI'AXlsil ' SKY ! ' ! ' ! ? ,
TelnniiN Itecrnt ArrrilT CIIIIK-H t'l > for
MADRID , Maj 24 In live Senate today. In
reply to a conoervatlvo senator who asked
why the liberals were absent , Scuor Canovas
del Ctstlllo the premier- * said : "In the
opinion ot the government the matter which
tha liberals plead a < nn excuse for their absence -
senco from the Senate \a \ an Incident of a
purelv personal character which has already
been arranged. The government respeo.ci the
opinion ot the liberal minority , but ques
tions Ito theory of the Incident and Us
demands for the resignation of the minister
ot foreign affairs ns contrary to the con
stitution of Parliament. Formerly t gov
erned In the absence ot a minority , but
under the prcnent circumstances the re
sponsibility belongs to all patties. U Is Im-
pojsulblo to face the negotiation ) ! now on foot I
without sorlous ilctrlnie.it if wo change tlio '
foreign ministry "
The marquis of PcraloD , on behalf of the
dissident conservatives , Jeclarcd that under
the circumstances they felt conipellod to ab
sent themselves until the liberals had re
ceived satisfaction.
In the Chamber of Depuclps the premier
repeated thu statement no had made In the
Senate , adding that ho regretted the ab-
bbiico ot the liberals , because It prevented
Senor Sogastn from defending himself from
certain accusations arising out ot an er
roneous Interpretation of one ot his speeches.
Scnor Canovas referred * o thu bad Impres
sion which had been puducpd in this way
at Washington , where , ho said , It seemed to
bo supposed that the sale of Cuba was a
posalblo thing. "Spain " said. Senor Can
ovas , "Is not a nation of merchants , capable
of selling Its honor , "
Scnor Trancchco Sllvcla , Iho leader of the
dissident conservatives In the Chamber , who
quarreled with Senor Canovas In 1E91 over
the expediency of reforming Ihe municipal
abuscu In Madrid , accused the "duke of Tel-
uan of a grave error , which could not be
righted by a few eloquctlt words. He said
the foreign minister otght to expiate his
ofTonso by resigning. In the ; courao of his
speech ho described the action of the United
States senate In recognizing thp belligerency
ot Cuba as a great "Iniquity" and character
ized the diplomacy of the government as al
together blameworthy , adding an expression
of his doubt as to the Intelligence of Scnor
Canovas In retaining the duke of Tctuan
under the circumstances.
Shoots Ills Miter.
LONDON , May 23. A dispatch to the
Dally News from Uerlin s > s tljat In a shootIng -
Ing display by the expert Krcper there jcs-
terday , while ho i\as firing back u a r da and
with the aid of a mirror attempting the Wil
liam Tell shot , ho sent the bullet through
the head of his sister , who was assisting htm.
She died in a few minutes , i
l.iiliiiiiolivre Will vVHIiiJriivv Clinrixes.
LONDON , May 23. The Stbndard under
stands that Mr. Labouchcra .will . withdraw the
charge he has made In Truth and before the
South Africa parliamentary committee
against Rutherford Harris , the confidant of
Cecil Rhodes and a leading , spirit in the
British South Africa Chartered company. .
IrlHli I'rlnonerM Iloiie. for I'anlnii.
DUBLIN , May 24. It l Relieved to bo
certain that many , perhaps all the Irish
political prisoners , IncluUfng the Invincible ,
James Fltz Harris , Larry Hamlln and Joe
Mullen , will be pardoned eaily In June In
commeratlon of the sixtieth jear of the
reign of Queen , Victoria. ,
Observe the ( liii-eit'x lllrlbdny.
LONDON. May 24. The birthday of Queen
Victoria , who was born May24 { , 1819 , was
observed today with the usual artillery sa
lutes , the ringing of church'bells and re
views at the different uaval and military
stations. The London celebration will take
place on Wednesday.
* 7
AiinnsT.
tvltli Iteeelx Inir
AVllIll' Il
HUTCIIINSON , Kan. , May 24. The an
nouncement of the consolidation In Kansas
City of the Metropolitan 'National bank and
the National Bank of Commerce was fol
lowed hero this afternoon by the arrest of
Samuel F. Canterbury , president of the Hank
of Hutchlnson , which failed recently , charged
with receiving money wh n tUe bank was In
solvent. Bookkeeper Mantz was also ar
rested The 'Metropolitan was a large stock
holder and principal unsecured creditor of
the Dank ot Hutchlnson President Canter
bury came here a jcar HKQ w'th backing
from the Metropolitan and attributes the
failure of his bank to the withholding of
promised support by the Metropolitan.
I'roni ! > ll > I'll ) H Id * I ' 'I ne.
WASHINGTON. May 24. Philip MtHlhone ,
recently convicted of talcing valuable docu
ments from the congioislonal library , ap
pearcd In the criminal couff lojay .in.l with
drew his motion fora na ' trill and received
hlo sentence. Jtid e nrad'j'j Imposed a fine
of $200 , without 'Mprhdivnrcnt , and McHI-
hone promptly pild it and wai released ,
Hold MilpnifiifN'to lilroi > e ,
WASHINGTON' , May 21. The Treasury
depaitment at 11 o'clock , , today received a
telegram from Now York stating that $1,1GO-
000 In gold coin had been withdrawn from
tha subtrcasury for export ; also that $1,225-
000 In gold had been obtained from the
banks , making the totalshlpmentfl for to >
morrow , $2,100,000.
Corn Seed IH > ol Good.
LEIGH , Neb. , May 21. ( Special ) A number -
ber of farmers In thla neighborhood have
found It necessary to replant their corn The
first planting did not prow on account of
poor
Throe KlMliermrn Ilr i > linl ,
SMITHLAND , Ky. , May ZlJ Wlille leturn-
Ing homo from flshlng''Jauus , Edward and
Park Ohones were drowned b ) the overturn-
Inu ot their skiff. j
SHU AVenvorx A hit ill ! oil hlrllio ,
PATURSON , N. J. , May 24. The ROO
weavers In Iho Athlcy & HaJloy Bilk mills In
thla city , who have Been , " on 'strike ' , returned
to work today.
OiioHltlon | | III Hell TivU'lllioile.
CHICAGO , May 21 , Ti $ Tlines-Henih !
nays : "Steps looking jo the formation of ii
powerful alliance In opposition to the Iel
Telephone rompnnv are to bo taken In Chicago
cage this week. Her are the main thlniri
contemplated. A national association 01
the 1 WO operating lelcuuono exchange * o
the rutted States Independent of the Hcl
company for mutii.il piotrrtlon nml develop
ment , Inns distance toll line connections by
thu < onnectlon of the vnrlouH Independent
telephone exchanges of tfie country ; the es
tablishment of an Independent long distance
service coniiectlnff the ereut commercla
ocTiiterfl in n Held now occupied exclualvelj
by the Hell company ,
( Mix Tuliex Cujumnnil.
DHNVEH , May 21-IlrIgadlcr General
S. Otis , who has been HeiUKiicd to the com
ma n < 1 of the Department of the Colorado to
bucceed Major General Frank Whcaton , re
tired , arrlvtd In Denver today and iiesumei
command of the department , Jsrulne a ECU
eral order to that effect ,
Killed by n Cnv vln.
FORT WAYNn , Ind , Slay 24. A. Dennis
A. Drown and'James Christie , all employes
of the rlty water department , vveie kllle <
toduv by thn caveln of n deep trench In
which they were dlyidnir. Michael Sheehcy
VVUH takm out alive , but will probably die ,
liiKtirunee Commit ! ) ' I'll 11 * .
ATLANTA , Ga . May S4.- The Georgia Mu
tual Insurance compnny u lo-optr.itlve con
Icern. nlth IIP i < ] ( ] iiartr ! ! . o was this nft r
I noon tilac d in ih < " In uln of the court
i Unwell Ervvln was naiiud us rcct-Uer.
NO POWER TO MAKE RATEScl
Interstate Commoro3 GommSsiion Fowarlcss
in Ono Particular ,
CANNOT PASS UPON BYTES BIFORIIUND
United SJnleo Supreme Cnnrl Hum ! *
Mil < eh of Deel-
to Hull-
riuul
WASHINGTON' , May 21 The United
States tnipromo court decided twoP
casts today , holding that the United
States Interstate Commerce commission has
no power to prescribe rates on railroads
which It may control In the future. The cases
were those of the commission against the
Cincinnati & New Orleans Railroad com
pany and the Klotlda & Western company.
The decision Is construed to mean that the
Interstate Commerce commission has no
power to pass upon ratea before they are put
Into effect.
In the Cincinnati , New Orleans & Texas
case various railroads were concerned and
the case was originally instituted by the
freight bureaus of Chicago and the Clncln-1
natl Chamber of Commerce. The question
involved was whether congress Intended to
confer upon ho Interstate Commerce commission - ,
mission po.vcr to fix rates. The opinion VMS '
rendered by Justice Brewer. The gist ofho
opinion U found In the following paragraph : >
"Under the interstate commerce act the commission -
mission has no power to prescribe the tariff' '
of rates which shall control In the fut.iro ,
and therefore cannot Invoke a julgmcnt In
mandamus from the courts to force any ruch
tariff by It prescribed. " |
Continuing , Justice Blower asked : "Hzo ,
the commission no function to perform in re
spect to the matter of rates ? " Roplvlng to
his own question , ho said. "Unquestionably
it has , and most Important duties in re
spect to this matter , tt Is charged with
the general duty of Inquiring as to the man
agement of the business of railroad com
panies , ana has the right to compel full and
complete information as to the manner In
which such companies are transacting their
business. And with this Information It Ls
charged with the duty of seeing that there
is no violation of the long and short haul
clause ; that there Is no discrimination be
tween 'individual shippers and that nothing
Is done by rebate or otherwise to gUo pref
erence to ono against another ; that no un-
luo preference Is glvcir to ono place against
.nothcr , but that Irt all things that equality
ot right which Is the great purpose of the
nlcrstato commerce act , shall be secured to
ihlppers. "
FLORIDA CASE.
In the Florida case Justlco Brewer said-
It Is not to bo suppo ed that congress
sould ever authorize an administrativeliody
o establish latcs without inquiry and cxam-
tmtlon ; to evolve , as Itwere , out of Itn own
onsclousness , the satlsfactoiy solution of
ho dltllcult problem of Just and reasonable
ales for all the vailous roads In the coun-
ry. And If it hud Intended to grant the
lower to establish rates It would have said
io In unmistakable term * . In this con-
icctlon It must be borne In mind that the
ommKslon IB not limited In Its Inquiry and
Ktlon to cafes In which a. formal complaint
las been made , but that under section 13
t may Institute Inquiry on Its own motion
n the b.ime manner and to the same effect
is though complaint had been made. At-
cntton is also called to the fact that the
aw grants no power even to IIx-a maxl-
mum or a minimum rate , and the conclusion
a drawn thftt as "congress ( lid not give the
ej.press power to the commission It did not
ntend to secure the same result Indirect ! }
> y empowering1 that tribunal to determine
what In reference to the past was reason
able and just , whether us maximum , mini
mum or absolute , und to enable It to obtain
from the courts ) a percmptoiy order Unit
i , the future the railroad companies should
'ollovv the rates thus determined to have
ice-n In the past reasonable and Just. "
The opinion was rendered on questions cer
tified by the United States circuit court of
appeals for the Sixth circuit. There was
no prepared opinion In the Florida case , the
conclusions being the same as In the above.
Justlco Harlan dissented in both cases.
CASE OF DISCRIMINATION.
An Important decision Interpreting the in
terstate commerce law was made In the case
of C. S. Wight against the United States
fiom the district court for the western dis
trict of Pennsylvania. The case grow out
of competition between the Panhandle and
the Baltimore & Ohio roads for the beer-car
rying business of F. H. Bruenlng , a wholesale
beer dealer of Plttsburg. The rate charged
Ijy both roads for beer was 15 cents per 109
between Cincinnati and Plttshurg. The
Panhandle road had a sidetrack at Bruenlng's
[ > lacc of business so that It could unload
shipments Into his premises , while It cost
him 314 cents per 100 to haul the goods from
the Baltimore & Ohio station. To secure
the business , the Baltimore & Ohio made an
arrangement to deliver the goods to the
warehouse , and afterward Uruenlng offered
to do the hauling himself for 3y. cents per
100 , paying the railroad 1C cents per 100 for
freight , nnd presenting a monthly bill for
3"j cents per hundredweight to the railroad
company , which was paid. Henry Wolf ,
another dealer , paid the same freight rates
and also paid for his hauling , the distance
being nearly as great as Mr , Bruenlng's
goods wcro hauled.
Complaint was made that the arrangement
was In violation of section 2 of the Interstate
commerce net , prohibiting rebates , iliavv-
backs. etc. , and first the circuit court ami
today the supreme couit sustained this con
tention , It was contended by the rullro.u"
company that it was necessary to offer the
Inducement to Mr Bruenlng to get his busi
ness , but not to Mr. Wolf , because ho wouir
have to do carting , whichever line ho patron
ized , but the court did not sustain this con
tention The law , sold Justice Brewer , was
designed to compel every cat Her to glvo
equal lights to all shippers over its road , and
to forbid It by any device to cnforco higher
chaigcs against one than another. It was
contended also that the bectlon won not In
tended to prohibit a carrier from londerlng
inoro service to one shipper than another for
the Home charge , but that for the j amo scrv
Ice tlio charge should bo equal , but tlio coui-i
holds that the practical effect In this case
was to charge ono man Ifi cents and another
ll'/i cents for the eame service nnd tha
there was a discrimination ,
NEBRASKA RATH ? INVOLVED.
Another case Involving the interstate
commerce law wan that of 13. M. Parsons
plaintiff in error , against the Chicago .
Northwestern railway , In which Parsons , an
Iowa shipper , wiled for $1,550 on account of
alleged dlHcilmlnatlons In freights on con
and oats between Iowa and Nebraska points
to the eastern seaboard. The company , In
1887 , charged 21 cents per 100 pounds fion
Iowa to Chicago and 11 cents from Nebraska
to Chicago on gooda bound for New York
Boston , Philadelphia or lUltimore , and i'ar-
MIIS. claiming that the value ot corn and
oils at Chicago Mas the seaboard price , less
the freights , attempted to recover 10 cciito
per 100 pouidg on 211,710 pounds The court
In thu judgment given by Justlco Brewer ,
sustains the circuit court of appeals , which
decides In favor of the railroad company.
Juttlce Brewer said there was no averment
that rates were unreasonable , that Parsons
la not seeking to recover money Inequitably
taken from him , but on account of the
wrongful conduct of tbo company.
Before a shipper can recover under the
Interstate commerce act he must dhow not
only the wrong done by the carrier but that
( lie road Is operated to hli Injury , t > ays the
court If he had shipped to Nejv York and
been charged local ratea he might have re-
coveredjany excess thereon over the through
rates r Ho did not chip to Now York , and
jet ceek ? to have recovered the extra sum
ho might have been charged had he shipped ,
The points of tbo case arc not recoverable
oil incro pMfalbllllles.
CARTAGE A TERMINAL CI1ARQE ,
In the case of the Interstate Commerce
Coniiiilaiicn agalnfct the Detroit , Grand Haven
and Milwaukee Railway company , appealed
from the circuit court of appeals for the
Sixth district by the cominUtlon , the decree
of the court below was affirmed , the opinion
by Justice Shlras. The case wan based upon
a petition by Stone & Carton retail mer
chants of Ionia , Mich , alleging violations of
rcctlons 2 , 3 and 4 of the Interstate com
merce net. The Interstate C
mlfolon sustained the petition.
did not The charge was that the ri
pany furnished carting free to th
of Grand Rapids and did not t
merchants The court held that
pectlon of the act lus In view on
pollution of passengers and pr
and tint when the passengers
reaphel and were d'sdiorgod
at the compinv-fi station at
for the same charges as those
similar service at lonla the
on the company wire fulfilled '
Jrstlce Shins said It was tflaHrnt for
the t commission "to direct by MB I order
that t railroad companies should tliercTlfter re
gard cartage when ftirnl hed free no one of
the terminal charges and Include It as such
j
In thc-lr bcheduks "
The case of the St Joseph and Grand
Island Railroad company against II. M.
Stcole. sheriff of Douglas county , Kansas ,
was dismissed for want of Jurisdiction. The
case Involve ! the right to collect taxes on
a bridge over the Missouri river by the
state of Knlinns.
SI2N VTIlim AM > T1II3 TAHIVT HII.Ii.
ItciiiilillcaiiH llolil t'atitMiH in ! ) < -
ti-rrtliu" I.lni' f Aellon.
WASHINGTON , May 24 The republican
caucus today emphasized the fact that them
Is ' ' a wldo divergence of opinion among the
republican senators on latis of duty fixed In
the various schedules of the taiift bill. The
senators wcro In caucus nearly four hour ? .
The only olllclal announcement made after
the caucus adjourned waa that It was de
cided to appoint three senators In addition
to the republican members of the finance
committee , who were to act as a commll-
tee to utalst In getting the tariff bill through
the senate. It 'was ginerallv stated however ,
that an agreement had been reached that
there should be no speeches on the bill
from the republican Ride , except that of
Senator Aldrlch , vvl'lcli Is to ho delivered
omoi row.
A resolution , or mcmoiandum , offered by
Senator Burrows , was agreed to by these
iresont. It sets forth that the sense of
hose present , there not being a full attend
ance of the caucus , was that republican
senatoia having amendmcntH to offer should
ireseat them to the republican members of
he flmncu committee and If the amendments
are appioved by the committee they are to
) C offered In the sc.iate If disapproved the
senators presenting them are to have the
right to submit them to the republican cau
cus , which Is to be called upon each schedule
f amendments to It are pioposed. The
finance committee li to hold sessions each
evening for the purpose of hearing proposl-
lens fiom republican senators , and to decide
ipon the advisability of presenting such
amendments in the senate. The object of
.hla proposition Is to prevent the rcpub-
leans frcm dividing upon various schedules
which might ho presented.
Senator Aldrlch explained tint the protec-
lon for sugar in the senate hill was "C per
cent and equalized the high protection on low
gradtrf and high grades The effect of the
liouso schedule would bo to bhut out the
[ o\\ci and chcapei grades of sugar , the S
tem of compound duties presented by the
senate bill being for the puipose of correct-
ng this equality. The average rate In thu seu-
ito bill was 75 per cent with a differential
of % of 1 cent on refined MI gar.
There wan some dicuFBloii upon the length
} f time the bill should be under discussion
In the senate. It was decided to ask that
after debate had run. along for a week the
senate , begin Its sessions at 11 o'clock and
sit until G:30 : and have sessions from S to
11 p. m.
Debate on various schedules consumed the
tlmo of the caucus. A gieat deal of opposl
Lion was developed to the Increased tax on
beer and duty on tea. It was determined
that efforts should bo made to remove the
revenue from both beer and tea by a stamp
tax , which would accomplish the same re
sults.
Senator Warren of Wyoming appeared as
the spohcsn.au for the wool growers of the
west , saying that the duties proposed by
the committee -were In his judgment Inade
quate and ho thought there should bo In
creases on the lines of the amendments pro
posed by western Mmatora.
There was no talk of bolting and no ncna-
tor said ho would vote against the bill as
a whole. It was on the matter of schedules
that they disagreed.
The quertlon of abrogating the Hawaiian
treaty caused a lively debate Senator Aid-
rich stated that the committee Intended to
bring in an amendment to this portion of the
bill. Senatoi Frjo opposed the abrogation la
the stiongest possible terms , while Senator
Nelson of Minnesota made a vigorous opeech
In support of the committee amendment , de
claring that the revenue which would he
raided from the duty on Hawaiian sugar
would bo greater than th.it which the com
mittee expected to get fiom tea , Ho de
clared that the admission of Hawaiian sugar
free vvza In the inteicut of the sugar refiners
and consurterfl received no benefit from it.
O.M.Y A lUM'UIMA.M ) roil IIOMKYN ,
Aiiprotrn tinKlmlliiKN , liul
KciuKi ( InI'niiill ) .
WASHINGTON , May 24. The presidpnl
his remitted the sentence of dismissal Im
posed by court-martial on Captain Romeyn
Fifth Infantry , who after u bensatlonal trla
was convicted recently of assault on Lieu
tenant O'Brien of the same regiment , a :
Fort McPhcrson , Ga. In view of thn far.
that Captain Romeyn will retire by opcratloi
of law on Juno 1 , the president believes tha
the ends of Justice will be secured by his
sc'cro reprimand.
The endorsement of the president In the
Domeyn case Is as follows :
The pioccedliiBS , findings and sentences In
the case of Homy Iiomeyn , Fifth Infantry
are aprroved ; Imt upon the recoimncml.itioi
of a majority of the mcmberH of the court
maitlal and In < oiiKlderatIon of lil.s loni
and honorable , service , of his wound ro
celvt'd in h.iitle , of the modal of honor heli
by him for most distinguished g.illiintry li
netlon. of thu fact that lie will , by opoia
lion or law , bo retired for ago (01 ( years ) 01
the first day of June next , and of his up
peal to thn executive for clemency , th
sentence awarded by the court IH remitted
In dolnir so , however , 1 cannot fall to ex
press my condcinn.itIon of the conduct o
which Captain Romeyn has hi on fount
KUllty and thu regret that he failed upoi
tl.e occasion to control his tcmucr in a
li'unncr becoming hlx Kcrsl.v anil his nux ,
( Signed ) WILMAM M'KIXUGY.
ATLANTA , Ga , May 21 Captain Romeyn
when ehown the Associated press dlspatcl
announcing that the president had remit to
the court martial vcidlct against him to ,
leprlmind , said ho wan loth to bellevo tha
he wnuld bo icprlmandcd at all He ex
pccti'd to get off much lighter than thai
Lleutenint O'Brien said ho was fatlsfle
with the verdict Ineofar as It upheld th
findings of the couit martial , but that h
thought It a disgrace that a maii hould b
allowed to remain In tlij flrmy .who had
defamed the character of n woman. Mrs.
O'Brlon said ho was disappointed that Cap-
that Rome1 had gotten off no lightly , and
declare * ! she would like to have t ecn him
digging In a ditch.
Culm li KcKftliitlnn In I ho UMIINP ,
WASHINGTON , May 21. Representative
Mc.Mlllln of Tennessee introduced in the
house today a resolution providing for the
consideration of tlio senate resolution recog
nizing the belligerency of Cuban Insurgents
"from day to day until disposed of. " The
resolution wag referred to the committee on
rulct ) , but It is not likely that the committee
will consider It The majority leaders will
decide for thenmelvfa when It U proper Io
act on the resolution.
( ( iiocu Vluturlu ,
WASHINGTON , May 24 , The president
this morning sent a cable message to Queen
Victoria congratulating her on the celebra
tion of her 7iith birthday.
The message wag as follows and wag tent
to Ambabtador Hay.
The president desires you to convey to the
queen lilu Hlneere congratulations and thoc
of the American people upon the oH'tiri lot
of her 79th birthday. '
OVER TILL OCTOBER
Sfnximmn Ralo Oaso Decision Gets a Long-
Adjournment ,
UPREME COURT DECIDES TO WAIT
Tot Willing to Hasten Any Actiou on Hostile
Legislation.
OPINION SAID TO BE READY * TO FILF
General Belief that the Onsj Has Beou
Judicially Adjusted.
GREAT INTEREST IN THE OUTCOME
iliiny IiiiiulrlcM Hooolt I'll for Cnit-
Urination < if tinlloiiorl Printed
! ) > TinHIM - , linl All Are
WASHINGTON , May 21. ( Special Tele
gram. ) The opinion In the maximum freight
rate cases was not handid duwn today by
ho mipromo court , and theiohj lungs an In-
crestlng btory. There Is no doubt but that
.ho opinion Is written and was ready for
delivery at toduj's session of the couit. On
coming together nt noon the jutalcca were
confronted with the statement that the wcut-
cm country was worked up over the reputed
agreement , and n.s court olllccrs had an unpre
cedented number of requests for the opinion
as boon us delivered , the court thought It
icst , no doubt , to allow feelings to ccol off
i hit and the justlciu theieiore decided to
ct the case go over until the October term ,
t was stated among court olllcera that The
See had published the romitcd opinion ,
\hlch , whether true or not , might bo con-
eideied good ground for postponement of the
udgment i cached by the couit. At least they
( new that The Bee had predicted an opinion ,
jec.iuso of telegrams received from Illinois ,
owa , Colorado and Nebraska , nuking for
early confirmation , should the Judgment bo
n favor of the railroads. Interest In thla
case lia.s grown to Mich an extent that ma\l-
nnin lutes wcro common talk among attor-
icyu and newspaper men , and as the de-
clHtou , no matter which way It goes , will
Ijlazo the way for new legislation on the part
of some of the western elates at least , It can
> c readily understood why such great In-
: erest should be shown.
Judge Strode this morning made a motion
n the Capital National bank and 1C. 1C.
Hayden against thoColdwatcr National bank
of Michigan to cither dismiss or olllrm the
case , appearing for the Michigan bank ,
ilarvey of Lincoln , who appeared for the
Capital National bank , asked for ninety days
n which to bubmlt a supplemental brief. The
court decided that the case thould go over
until the October term.
riii3sim.vr HAS ro\viu TO nrjMovn.
Supreme- Court Ilculilcx nil Iiitiiorlimt
I'oliit ii Tenure of OHlcc.
WASHINGTON , May 21. In the supreme
court of the United States today Justice
Peckham handed down the opinion of the
court In the case of L. U. Parsons , late dis
trict attorney for the northern district ot
Alabama , appealed from the court of claims.
The decision was adverse to Parsons' claim
that ho was entitled , under section C7fl of the
Revised Statutes , to holi his ofnco for four
years , notwithstanding the president's order
of removal. Justice Peckham said that
whllo the appointment was for four years , It
might be tei initialed earlier at the discretion
of the president. The judgment of the
court of claims was aim mod. 'I ho deter
mination of tbii CBEO was looked forward to
with Interest because of Its possible effect
upon the removal of officeholders Incident
to the change of administration. Parsons
was removed from the olllce of United States
district attorney In Alabama In 1893 ,
having been appointed In lb')0. ) Ho
wrote a letter to the picsidcnt refusing to
surrender the place on the giound that aa
ho had been appointed for u term of four
jeais the pic Idcnt had no right to lemovo
him before the expiration of that time. Ho
has fought the ca o thiougli the various
federal couits on this theory , losing in the
lower couits , as ho did today In the Buprcmo
couit. Paitons has , however , not been In
possession of the office during the coutcst.
On the day he was removed Kimnett O'tif 111
was appointed to succeed him and to him
Partons rturrondercd the oIHce after an or
der w.ia iteucd to him by the circuit couit to
do fo , Ho prosecuted the case an nnothcr
basis from that time.
Several Important eases wcro dccldod on
appeal from the eoutt of private land claims.
Ono of these. In which the opinion wa1)
rendered by Chief Juatlce Kullei , involved
the title to the Han Miguel del Hailo land
giant , Including 315,000 acres of land in
New Mexico. Two cases wolo Included In
ono decision , ono of these being an appeal
by the United States in the caec of Julian
Sandoval and the other an appeal by Hon.
L P. Morton against the United Stalls. The
decision was against the United States In
both liiKtniu'fp.
'Ihe supreme court affirmed the decision
of the couit of private land claims In tha
case of the Cliaina Spanish land grant involv
ing title to 472,701 acres In Rio Airiba
county , New Mexico The decision of the
court of pilvato lands waa favorable to the
contention of the government and the opin
ion Is sustained
The court refused to rovcrso HIP decision
of the United iStatos cltcnlt court of appea !
for the Hlghth circuit In thn case of Daniel
II. Cainllcld and one William Drury , charged
with enclosing by fence 20,000 acre * of the
public domain In Colorado. They wcro
ordered to remove the fence , but contested
the older. It appears that they hud pur
chased sections of the land enclosed from the
Union Pacific railroad and In Inclosing their
land had practically fenced the government
land n B well , Tlio declnlonH of thu court
below wcro against thu clalmu. Justlco
Drown hold them valid.
The court , In an opinion by Justlco Drown ,
reversed the opinion of tha court of pilvato
land claims In the case of Joel Paiker Whit
ney against thu United States. Involvlni ;
the title to the Canada Decorhlta , In Dcr-
nallllo county. Now Mexico , containing
100,000 acres The difficulty in dealing with ,
the case was found In thu fact that there waa
doubt as to the location of the north anil
I went boundaries 'Iho court derided that tlio
eourt below aa to the northein boundary line
was correct , but that the western boundary
as not. It was on this acionnt that the
cajo was rev erf ed The reversal was on a
comparatively unimportant point and the
100.000 aero tract Is not materially reduced
by the decision.
The < | uestloiifl whether the statutes relating
to national banks , prohibiting them from pnr ,
chailng or subscribing to the utock of another
corporation , and whether the want of au
thority can be urged by ( ho bank to defeat
an attempt to enforce against it the liability
of a stockholder were passed on by the eu-
premo court today In the case of the California
National bank , plaintiff In errrr against
Nat Kennedy. It waa held that the Call *
fornla National bank of Ban Diego held 900
shares of stock of the California Bavlngn
bank , the former having suspended on No
vember 12 , 1891 , and the latter December 29 ,
1891. The superior court of San Diego county
held that the national bank wus rviponolljla
to the creditors of tbo Ravings bank to tha
amount of $18,007 , the former making tlio
defense indicated above , The court holda
that a national bank ban no right to deal In
storks although It may accept them an eo-
curitlrg and that it may plead III want of )
poutau dfrnre in a cxte like the ono la
' n TJiu transaction in the stock of Uio
