FHE OMAHA DAILY BEE ESTABLISHED JU2sE 10 , 1871. OMAHA , " \VEDNESDAY MOHNINtt , SEL'TEMHEH 22 , 1807 TWELVE PAGES. SHSTJLE COPY FIVE CENTS , NO DISCRIMINATION 'Attorney General McKenna Announces Decision on Tariff Law. OPINION ON DISCRIMINATING CLAUSE Doss Not Apply to Goods Entering This Country Through Canada ! NOT SUBJECT TO DUTY OF TEN PER CENT Goods Shipped from Other British Possessions in British Vessels. SAME RULING APPLIES TO THESE ALSO 'Attorney ( intern 1 IIIHIMINNVH the CIINU lit I.ciiKtli ami OOOM Into Kull UutallN Many Eminent Au- i I tlinrltloH limited. WASHINGTON , Sept. 21. Attorney Gen eral McKcnna announced his opinion In the matter of section 22 of the tariff law. He holds In effect that goods coming directly Into the United States from foreign coun tries through Canadian ports are not sub ject to the discriminating duty of 10 per cent and also holds that foreign goods chipped from other than British possessions In British vessels are not subject to the discriminating duty. Two questions were asked the attorney general , the first of which was , In effect , whether the discriminating duty of 10 per cent provided for In scctlcn 22 should bo nsscsspft against an Invoice of tea from China which had arrived at Vancouver In British vessels , and thci co shipped through Canada to Chicago The second question was whether the discriminating fluty should be nEsessed against a cargo ot manganese ore from Chill which recently arrived In a Ilrltlsh ship at Philadelphia. Both these questions the attorney general answers in the negative. In the opinilon the attorney general first quotes section 22 In full , and then sa } < ; . SUMMARY OF OPINION. "Three plausible contentions are based upcui this section , which as tn strength only differ In dcgieo " 1 That the duty Is a discrimination upon Importations In vesrels not of the United States , whether directly to the United States or to a contiguous country and thence to the United States " 2 A dlM'Hmlnatlon against ImportntlDns of goods ( not in the usual course of strictly retail trade ) from a contiguous countij , they not being the inoducts thereof. In this the character ot the vessel Is not Important. 3 A d scrimltmtion against go-ds bjlng i re ductions of a foielgn countiy not contiguous to the United States which shall come Into the United States from a contiguous coun try. try."In "In this contention the words 'come Into the United States' are used as designating movement only. Umlci the first and second end contentions the duty vvnuld not be Im posed. Under the third It would be I hence select It as a basis for consideration. "To .supnoit It. It Is said the section Im poses the duty In two r scs ( a ) when the goods aie Impoitcd In vessels not of the United States and to the United States , ( b ) . When they are thn pioductlon of a countrj not contiguous and come into the United States from n contiguous country , the chancier of the -vessel In which they were transported to the contiguous , counto being Indifferent. "The first cure wo are not now con cerned with , and the seccrd is attempted to be established by the following reasoning The goods are Chinese or Japanese pro duction , hence the production of a foreign countiy not contiguous to the United States ' They come Into the United States from Canada , a ecutlguous countrj , and so It Is urged that by the letter as well as bjl the spirit of the statute they are subject tck tno dutj PURPOSE OF THE LAW. "H Is conceded that the Importation Is to the UnlteD States passage through Canad i 1 being mere movement on.1) toward destina tion the latter being the United States This being to , it would seem that there was no leason to distinguish between that impor tation und what may be called In distinction n direct one which should be burdened and the other not luudened when the discrim ination was not necessary to the main pm- jioho cf the law. It Is said that the purpose of the amendment was to icllevo the Amer ican transcontinental railroads from the com petition of the Canadian Pacific rallioad It may bo admitted that this is a stiong conold- cratlon , bat , on the other hand , It Is urged that this competition Is a benefit , and , other American lallrouds assert that the Canadian Pacific Is a direct advantage to them How congrecs regarded this conflict wo have no moans of knowing. Thcie was certainly no avowal and the only expicssloim of inembcrH which wo have Indicate a different purpose than ono which might or might not have ibeen rntcitallied and which , If It had been entertained , It would seem the natural thing tu 1m e explicitly dcclaicd. "As thcio was no leason therefor why the importation--Indirect ) ) or dlicct should be ellncrlmlnatcd by different duties , I am not disposed to think that It was not Intended To ho hold would bo to put a new purpose In the law destrolng its unity which Is not compelled b } Its language or any mis chief which wo may Bay was In the contem plation of the lawmakers to be remedied The section , therufotu , regards , as the law vhlch preceded It regarded the transporta tion of goods by ia'H. Its pill pose was tu secure this tor rls of the United States , by discriminating against transportation not In them primarily to the. United Stales , sec- ondailly , and to prevent evasion to a con tiguous country Canada or Mexico , The necessity of it to the effectiveness ot Iho law Is obvious , It would have been uscUss to have Imposed a discriminating duty en goods brought to Fan Francisco In foreign vessels ami leave them fieu to go to Van couver In foreign vessels and thence across the Intervening land to the United States. STRENGTHENS OLD LAW. "Tho amendment of the law which Is made by section 22 theicforc continues Its objnct while It strengthens and better se cures It It docs this In two wajs , viz. lly taking awa > the means of Its evasion through the contlgult } ot Canada snd Mexico ice , and by repeal i g the statutory exemp tions from the 10 per cent duty. "I have considered jour Inquiry eo far ail if the section only regaulcd meio trans- poitatlon through Canada We shall BCD hereafter that It has a broader scope , in the ( second contention the words 'Come into the United States' are used as H > noiiinoua to Imported The language 'being the pro Auction or mcnufacturu ot any foreign country not contiguous to the United States' is urged only as descriptive of the goods to which the duty applies. The goods themselves. It Is contended , must take their departure from the contiguous coun try tn the stilct sc'nse of Importation as distinguished from coming through It as tn Importation from some other country. /This / view la given plausibility , too , by thn exception that duty shall 'not apply to such toreiin products or manufactured as shall be imported from such contiguous con trkM in the usual course of retail trade ' "It Is said that the words'Imported In the cours of strictly retail trade Indicate the rule. They ore. claimed 10 be the oppoulie cf Importation in the course of wholesale trade and that the latter mutt he direct 8 there by retail could bo no other way Hut tuU does not follow. Such conuUuctlou would confine the rule strictly to the excep tion , whereas It may be nroadcr Including Importations , strictly so-called those which take their departure from a contiguous coun try If the other conditions of Ihe rule exist. If so , the exception has an equal and proper office. But It Is not even necessary to go this far. 'It Is a matter ot common experi ence that ravings and exceptions are often Introduced from abundant and excessive cau tion and It would sometimes pervert the In tention of the author of a writing , If every thing of the same general tenor as that excepted should be regarded1 .as embraced In the general words. ' ( Sutherland on statutory construction , section 222) ) It follows , the'e- fore. that the answer to } our Inquiry so far as section 22 Is concerned depends(1) ( ) On char acter of the \essel in which the goods arc carried to Vancouver. (2) ( ) If origin of ves sels Is such the goods were entitled by treaty or convention to he entered In the ports of the United States upon the payment of the same duties as If Imported In American vcs- ecls. SOMEWHAT CONFUSED. This act Is somewhat confused by Its ref erences , but notwithstanding this confusion the act does not recognlzo the existence of and extends section 4,228 , and It nl'o recog- i section 2,502 , What Is the effect of this ? The suspension act and the Dingley bill were passed on the same day and I do not think the order of passageIs Important If they can be reconciled. If elthe" repeals the other It Is only by Implication. The rule of Implied repeals U well established by a long line of cases. There must be more than difference there must be Irreconcilable conflict. " After citing several authorities In support of his position , the attorney general con tinues : "Section 22 and section 4,228 and amend ments arc not co-extanilve In scope ; In purpose , thereto e\ they may bo the com plements of each other. One prescribes a rule , the other the condition upon which and the energy by which It may be suspended. Each , therefore , has Its purpose definite and consistent. Section 1,228 might be a proviso to section 22 , and Is In effect made eo by the eiuiionslon act and as such proviso It Is rcrtaliil } not repugnant to section 22. The latter has Its operation commencing with Its passage , continuing until the conditions of section 4,228 occur and the president acts on account of them , resuming again If the reolpiocil exemptions of foreign natlona has wlthdiawn. "Examples of this are familiar In our legislation The provision In the Dingley bill for reciprocity of trade Is such an ex ample Under thdt the duties ot the act may be changed " DISCRIMINATING DUTIES NOT NEW. "I assume the vessels were not of the United States , but British vessels , and this brings me to } our communication of August 17 , In which jou Inquire ! whether section 22 repeals bectlons 1,228 to 4,232 of the revised statutes and join communication of Septem ber 2 , axklng whether manganese ore Im ported fiom Chile In the Biltlsh bark Lurlle to Philadelphia Is also subject to a disciIm- iiutlng duty. A law Imposing discriminat ing duties has been on the statute books In Bomo form from the time of the enactment of the first tariff bill. Section 22 differs from the law plevlously In force In that there Is omitted from It the words 'By any act of congress. ' Does this repeal section 4,228 ? It will be observed that there are no ivords of express repeal. Consideration of the effect of this on section 4,228 will be simplified by a reference to contempo raneous legislation. "On the same day the Dingley bill waa approved on act entitled 'An Act to Author- zo the , President to Suspend Discriminating Outlet Imposed on Foreign Duties and Com- norco' was approved. I shall hereafter for Convenience call It the suspension act. This act provides that the president Is author ed to suspend In part the operations of "cctlons 4,219 and L',602 so that the foreign vessels from a country Imposing partial dis criminating tonnage duties upon American vessels or partial discriminating Import du ties upon merchandise may enjoy In our ports the Identical privileges which the same class of American vessels and mer chandise may enjoy In said foreign country. It will be observed that It recognizes the existence of section 4,228 and amends It and enlarges the presidents power. By 4,228 that could only be exeiclsed when no dis ci imlnatlng duties were Imposed or laid upon American vessels The amendment provides that the power may be exercised to meet and icspond to partial discrimi nating duties as well reciprocating the exact prlv llego through less than total exemp tions. " The attornej general then quotes sevora cases In support of a conclusion be reaches that where there Is difference in purpose , legislative provisions may bo Independeni and then , continuing , eas : REPEAL BY IMPLICATION. "But the rule of repeal by Implication doce not require us to find Independence. If there Is not Ineconcllable conflict the liws may exist together. AH we have already seen , there Is certainly no irreconcilable conflict. Even If there uas more conflict In their language more In the purpose this would have to jleld to the Interpretation ol tlu * time and manner of their passage. The suspension act was reported to the house of lepresentatlves by the same committee which reported the Dingley bill waa considered and passed while that act was In memory. H paused the senate while the Dingley bill was pending In consideration and was op- pi ovcd by the president on the same day as the Dingley bill A knowledge of Its rela tions to that bill and ll effect on It must therefore bo attributed to the legislature. It may be It was the later bill , for the con gressional record shows that the president's approval of It was communicated to the congress subsequently to that of the other. "Even a moie extreme position might be taken. H was held In Mead vs lingual ! and others ( ITi Wis. , ICfi ) , that 'Where the provisions of a statute which relates to a particular class of eases are irpugnant to those of another statute approved the same day which lt > of a more general character , the foimer must prevail as to the particular class o' cases therein referred to , ' ( See also End- llch an the Interpretation of statutes , rec 216 and lascs cited. ) It follows , therefoic , that section 4,228 was not repealed by sec tion 22 , and that the merchandise of boll Inquiries Is not to bn subjected to a discrim inating duty. " WEST I.MHV in IUIIC.V.M ; RACES Klorldu and OoorKla Visited liy Ilcavj Winds nail Main. JACKSONVILLE , Fla. , Sept. 21. FlorldJ was. vl'ltcd by a West Iiulh hurricane todav Tim rain In Jacksonville has been almost continuous for the past thirty-six hours , but it was not until early this moinlng that win accompanied It The maximum velocity here has been between thirl ) and foity miles , ac companied b } sharp gusts. In Tampa the rainfall was more than six Indira , while here It has been about half that. Po.ua arc en tertained for the safety of the schooners R W Daecy , W. H Skinner and J. II Cannon which loft on Monday with cargoes ot lum ber. At Fcrnaudlna considerable damage was done on the riven front. T'vo people , names unknown , are icporUd to have been drowned The center of the cast coast appears to have pasted over Tltusvlllo and Pocoa. abou ICO miles f-outh At the former place fifteen Indie * of rain fell and washouts are re ported on Iho rallioads , At the latter sev eral bulldl-igs were demolished and seven fishermen possibly lott their llvee. SAVANNAH , Ga . Sept , 21. Tbu wind has blown hero all day from thirty to forty miles an hour , with Incessant rains The shipping was ull made secure and BO far there Is in damage ot great consequence. The temperature turo today was the lowest known at this time of the } c.u * , being 16 Jcgrcej at S p. m. Cult from n I'rnlrlf PIic. I'lERRE , S. I ) , Sept. 21 , ( Special. ) The first prairie fires of the season arc repartci from the vicinity of GCtt > sbiirg , where the had bard work to prevent a fire from getting Into the town a few du > s ago. The lieav growth of grass on the prairie this > car * i going to make the lUes hard to handle i they get started thin fall , and thn greMrt. of caru is necessary to prevent heavy lui.bc lu the GENE MOORE PLEADS GUILTY Admits Taking the Foes Collected from Insurance Companies , IGHT NEXT COMES ON A TECHNICALITY Will Co Itoforp tlir Supreme Court ' anil Contcr.d lie llnil .No Itlulil tu Collect the Mono ) He Hiiiliorrleil. LINCOLN , Sept. 21. ( Special TclcgTam. ) The agreement between the attorneys for i ho state and those for Kugeno Moore waa j ' lot complete this morning. Moore was not quite ready to plead guilty on the form of nformatlon drawn by the attorney general and further time was taken until afternoon. The object of having a plea of guilty en- cred as to the retaining of the $23,000 In nsurancc fees Is to avoid an expensive cult i the district court and at once take the natter to the supreme court for a decision n the right to collect these fees In the first nstancc. At 2 o'clock Moore and his attorneys ap- leared before Judge Cornish , when the new complaint was read. Moore pleaded guilty to ho complaint. Twenty days were given to file a printed brief and on October 12 the liiestlon of whether the state has a title to he Inaurarco fees will be argued before udgc Cornish. Moore stood up during the reading of the amended complaint and kept his eyes fixed on a piece of paper he held In his hands. When asked to plead he said : "I plead guilty to the facts as charged In the Informa- lon , but do not believe that It Is a cilmc inder the statutes. " Mr. Mungcr objected to thli * foim of a plea , and the court sug- ; e ted that It was hardly definite. Judge ilarnes , attorney for Moo'e , said that the 'orm of the pleading would cut no particular figure In the final hearing of the case , and en his advice Moore made a simple plea of "gulltj. " Judge Barnes then moved an ar rest of Judgment and said the defense wanted time to file printed briefs before the argu- nent was taken up on the question as to whether the state had a utlo to the money. He suggested thirty days' time , but later agreed to twenty dayw , m order that the case might be heard before the close of this term of district court. The attorneys for Moore Insisted that they were asking for this delay , and fcr a new argument of the question which had already icon gone over lu the settlement of the de mur or before Judge Hall , In perfect good faith. The defendant would never have ilcadcd guilty under the old Information. Now that he had agreed to plead guilty to the amended Information , and thus saved the expense of a long lawsuit , he was entitled to the usual time for preparing a defense on the remaining point to be adjudicated At lart the agreement as to the Ulmo was reached , and the parties left the court room. Moore's old bond Is extended until October 12 , the time set for the final argument In district court. sifi.v A TiiEvrr iv THE soun\\ . ( Jrent Jlrltnlii Comes ( o nil AKre iv Hit tin * Mnlnll. PARIS , Sept. 21. The Figaro this morn- ng sajs a treaty has been concluded between latln Pasha , rcpresentJ g Great Britain , and Zobrln Pasha , representing the mahdl , by which the latter will not oppose the advance of the Anglo-Eg > ptlan expedition to Khar toum and Osmra DIgma's forces will remain at the Bara river so long as Gicat Britain desires. The following are said to be the condi tions upon which this treaty was signed : The mahdl rema'ns king of Khartoum and Zobrln Pasha continues to exercise the func tions of governor of Darfur , under the pro tection of Great Britain. The Figaro also asserts that the mission of James Rcnnell Rodd to the king of AbysJ slnla obtained a promise of neutrality upcii the part of King Menclek by guaranteeing the western frontier of Abjsslnla In the names of both Great Britain and the mahdl. SII/VHH A1)VNOnS IX IMJIA. Up-Couiitry Iln/.mirH Expect tlie HanU of niiKliiml to IlcKlii Ilujliip ; . LONDON , Sept 22. The Standard publishes this moinlng a financial telegram received In the city from Bombay , which says that the silver market there Is very much excited , and silver In strong demand , consequent upon the up-country bazaam anticipating that the Bank ot England will be a probable buyer at an early date , whileit Is also believed that a further Import duty Is Imminent , and that possibly the Indian mints will bo reopened The telegram says the price has risen In Bombay 7',4 rupees for 100 tolas since last Thursday. nnrtliiiuUc. in Itnly. ROME , Sept , 21. Two slight earthquake shocks were felt here at 2 o'clock this af ternoon. The subterraneous disturbance was also felt at Mill , Fermor , Rosanatl , Bologna , Slnlgalia , Faorlano , Cagll , Florence and Ancona. At most places the poplo' weie panls stricken and at Ancona a few old houses fell. 'WH for ( lie Army. WASHINGTON , Sept. 21. ( Special Telegram - gram ) The following transfers have been made. Sixth cavalry Captain Henry M. Kendall , from troop A to tioop M ; Captain Henry P , Klngsbury , from troop M to troop A. Eighteenth Infantry Captain Charles McClure , from company II to company I ; Captain Charles L , Steele , from company I to company H ; Captain Steele will Join his company The following assignments of officers re cently promoted mo announced Captain CharlcH G Morton , to Sixth Infantry , com pany K ; Captain Bogardus Eldrldge , to Four teenth Infantry , company H ; First Lieutenant Jules G , Ord , to Sixth Infantry , company II ; First Lieutenant Albert I ) . Nlskern , to Second infantry , company E ; Flr.'t Lieu tenant Truman O Murph } , to Tenth Infantry , company E , additional Second Lieutenant Harold B Plskc , Eighteenth Infantry , com pany G ; Additional Second Lieutenant Ar thur S , Conklln , to Twentieth Infantry , com pany K ; Additional Second Lieutenant John H. Hughes , to Fourth Infantry , company F , Additional Second Lieutenant George W Helms , to Nineteenth Infantry , company 'A ' ; Lieutenants Flskc , Conklln , Hughes and Helms will join their companies. Leaves of absence : Lieutenant Henry G Lyon. Twenty-fourth Infantry , one month , Lieutenant Thomas W. Darrah , Ninth in fantry , fifteen dajs , Nolt > H from ( lie Depart in on IN. WASHINGTON. Sept 21. ( Special Tele- groin. ) Drawing ! of the government buildIng - Ing at the Transmltsissippl Exposition were sent out today from the supervising archi tect's ofilco The folowlng have been admitted to prac tice as nttornejs and agents for claimants before the Interior department Nebraska- John Ca-r , Lincoln ; George C. McAllpev , Chappcll , Henry H llcrr ) . McCook. Iowa Chorlw A. and Phlneas H Cragan. Colfax , David E. Dougherty. Perry William E Owen , Osage. South Dakota Samuel M Howard , Gettsburg Hugh Pltsor ot Washington has been rp pointed atulstant clerk and telegraph operate * st the RuBhvllle , Neb , shipping station o the Indian otllce at | 000 per annum Iowa pension examining surgeons appointed today Drs L L , Reiuhaw , at McGregor , C Baldwin , E W Backman and J. C. Davis , at Emmettsburg ; II. E. Love-Joy and W. M. Tig- nor , at Jefferson. I'rcNlilciil MrKlllli- Trip. WASHINGTON , Sept 21. President Me Klnle } and party left the city tonight for North \dams , Ma.s wi.cro they will be guests ot HOD. W. B. Pluukett. YEM.OW rivmi sntuuis LITTLE. Ilcpnrln from ( lie Infrrleil l.oc'nlldes Are \nt Alnrmlnnr. NEW ORLEANS' , Scpt-21i The following is the dally official bulletin ot the Board ot Health "During the twenty-four hours ending at C o'clock p. m. Tuciday , September 21 , there were positive case * of jellovv fever , nine ; suspicious cases under Investigation , three ; deaths , none. Total cares of yellow fever to ' date sixty-seven ; total deaths from yel low ' fever to date , five , " Mos. of the Italians In the Infected quar ter were moved to the camp of detention and the Italian consul and other leading members of the Italian colony are endeavorIng - Ing to assist Ihe authorities lu the matter by missionary work. These are the new casca today : Joseph Roth j , 1124 Clouet street ; .Fred Gund , 6335 Marias j , Mrs. McAndrews , Twelfth'and How ard i ; child of Judge Lea , 1010 Dublin ; Bartlctt , 1538 Baronnc ; Miss Nellie Scan- ncll. Ill Berlin ; C. W. Wood , 1533 Octavla ; R. F. Re > nolds , 1705 Coliseum ; S. F. Jeer , 1CG3 Laura. Some new places of infection arc Included n these cases , but It Is stated tonight that each one of the patients Is doing well and .hat there Is no Itmhedlate danger of a fatal termination In any of these cases. MOBILE , Ala. , Sept. 21. This was an other day of favorable report. There wan only one now case reported today , a child lamed Willie Goodloc , living In the In- 'ected district. Ono case was discharged. ST. LOUIS , Sept. 21. A special from Cairo , III. , to the ost-Dlspatch sas : Dr. jUltcras has diagnosed two more cases of llncss hero as yellow fever John Miller and M. Steven. Local physicians claim the casen are only swamp fever and the people refuse to believe that > cllovv fever Is here. ST. LOUIS , Sept , 21. This city had a yel low fever scare tod.ay , but there seems to have been but little foundation for It , ac cording to Health Commlsloner Starkloff , who made an examination of the suspected case and declared that It showed not a sin gle symptom ot the dread disease that ,1s raging In the south. VICKSBURG. Mlfes. , Sept. 21. The even ing report from Edwards was not BO favor able , Dr. Purccll stating that the dl&caso was assuming a more serious form and that tie had Eomc cases of black vomit. Colonel Robb died this morning. Other patients were reported gravely 111. EDWARDS , Miss. , Sept. 21. The following new cases of yellow fever are reported up to S p. m. tonight : Mrs. Graves , George El liott , four negroes , namea unknown , Miss M. Lewis Mlsa Leon Kaiich , Miss A Hob- lln , Mrs. J. B. Howie , Mrs. Lory , C. Selzer , R. H. Noblln. This makes a total of sevent- two cases to date. OCEAN SPRINGS. Miss. , Sept. 21. The people hero arc In the best spirits tonight , with only a few cases of sickness In to.MI and all doing well. Two of.these are sitting up and will be out tomorrow. Only ono new case today , and thai a very light one , not yellow fever. MV.NV GOI.IJ MRV AHE I1EI.ER VTES. lloltcrx Chosen at ( lit * Taniniuiij Prl- iiinrleH In Ne York Cltj. NEW YORK , Sept. 21. Tammany Hall tield primaries here tonight and elected dele gates to the various city , county and district conventions. All the prominent gold men who bolted the nomination , of Bryan last fall but who still retained their member ship In Tammany JIall A\ero tonight elected delegates to Iho city convention , which Is to choose a mayor for Gi tater New York , but the way they are mixed up with lh"b silver men shows that thcro > 'wlUbe , , no trouble In the convention. There 'were no contests In any of the cases , f The national democratic party of this city held Its primaries tcnlght and chose dele gates to the nominating convention of the organisation which will be held early In October. The republican primaries In Brooklyn to night decided by their selection of delegates In favor of the Platt element. County Clerk Worth and Sheriff Sutllag were opposed to Lieutenant Governor Woodruff and City Works Commissioner Willis , who represents Plait's Interest In Klhgs county. The lieutenant governor at a late hour said : "We carry the city convention by a vote of 2 to 1. We cast 109,000 votes and we are certain of fifteen assembly districts out of twenty-one. " Lieutenant Governor Woodruff , when asked how many of the 4,000 delegates would vote for Low , replied : "Perhaps all of them. " When asked If any"delegates would oppose Low's nomination , ho replied that two or three of them might do so. The situation as viewed at midnight from an Impartial stand point shows that after a very hot contest the result Is nearly a tie , with Inclinations toward a Plitt victory. DIl. HUXTEIl Ib VINDICATED. .Tur > IlediriiH a Verdict of Xot GulKy of Ilrllicry. FRANKFORT. Ky. , Sept. 21. After being out only a short lime the Jury today re turned a verdict of rot ) guilty In the bribery cases of ) Dr. W. G. Hunter , ex-Congressman Wilson and Mr. Franks. There was quite a demonstration of approval In the court room and congratulations poured In on Dr. Hunter , Wilson and Franks , Although Galnes and Tanner were also acquitted , the verdict Is In direct conflict with their testi mony. The defendants were all republicans and all of the Jurors were democrats. CINCINNATI , Sept. 21. A special to the Commercial Tribune from Frankfort , Ky. . sas : Before leaving hero this afternoon Senator Deboe said to the Comerclal Tribune correspondent that he had the assurance of President McKlnley that Dr. Hunter will bo appointed minister to Guatemala. HAWAII UATIKIES THE TREATY. aNNCN liy a UiiiiiiliuoiiN Vote In ( lie .Semite at Honolulu. SAN FRANCISCO , Sept. 21. The steam ship City of Peking arrived from the Orient , via Honolulu , tonight. It was Immediately ordered Into quarantine and no puEsengeis or malls permitted to land. Officials who boarded the vessel state ( hat from Honolulu passengers the Information was obtained that on September 10 the Hawaiian senate by a unanimous vote ratified the treaty of annexation to the Uhltedtfitates. NIIEHIKK MAHTI.N 1IJJI,1 > KOIl THIAL. Hull for IllniNclf iimrDcpiidcM Fixed at l < "oiir Tlimiuaiiil > l > ollnrx Each , WILKESBARRE , Ta.Sept. ( . 21. Sheriff James Martin and about ( forty of his depu- tie svvere arraigned In court tbld morning , charged with , the murder of twenty-four striking miners at Latf.mcr en September 10. After several wltpesses had testified the Judge held the sheriff and his deputies In $4,000 each for trial. Hall was furnished and they returned to. Huzlcton. .NinaI Cailctx UdmlUoil. ANNAPOLIS , Md. , Sept. 21. The follow ing candidates have been admitted as cadets at the naval academy : Walter N Vernon , Michigan ; Charles T. Hutchlnson , Pennsyl vania ; William P. Browne. Pennsylvania ; Bci } ard 0. Wygant , Florida ; William B Fogarty , Ohio ; Frank MpComrnon , Missouri ; John B Glllomoro , Iowa. Miivcmcudt of Ocean VcMMclx , Sept. ill. At Philadelphia Sailed Illinois , for Ant werp. At Bremen Arrived Karlsruhe , from New York K At New Vork Arrived Hremcrhaven , from Antwerp. . .Salledf-Gcorglc , for Liverpool ; Lahn , for Bremen ; Servla , for Llverpoool At Marseilles Arrived Scotia , from New York. At Boulogne A/rlved Maasdam , from Now Yo k. At Plmouth Arrived Trave , from New York. At Quccnstovvn Airlved Teutonic , from New York , At Liverpool Arrived Catalonia , from Boston , VIEWED BY MANY THOUSANDS First of the Parades of the Festival Week Occurs. MILITARY IS A CONSPICUOUS FEATURE Troop" nnil Clvlo SoclctH'K Do Thvlr Kent ( o I'lcnxo tin * Cltlrt-itM mid tin- Client * o ( tinClt ) . The first of the pageants arranged for the streets of Omaha for the pleasure and the edification of the citizens and state fair vis itors by the Knights of Ak-Sai'-lten was the event ' that last evening attractel the greit- cst concounsc of people to the central portion * of the city that has been seen lerothls year. It was the Inaugural parade of the festival week , and lnclude-d nearly all the military organizations and the civic societies lu Omaha , South Omaha and Council Uluffs. Theie were five divisions of the parade , and It ls estimated that thcie were 3,500 men In line. The most brilliant display was In the flrct division , which was composed almost ex clusively of the soldiery of the government and the state. The second , fourth and fifth divisions were largely maac up of fraternal organizations and secret socletlo' , and their numbers were interspersed with floats of pleasing design. The third division contained the representatives of South Omaha , who cieatcd n meet favorable Impression along the line of march. The horsemen from the Maglo City had the distinction ot being lei by a fair > oung woman as aide , and eo giaco- fully did she ride at the head of her division that the plaudits for her were numerous. Colonel Charles A. Wlkoff , of the Twenty- second regiment of Infantry , U. S. A. , was the grand marshal of the piocesslon , and ho has the unique honor of having started the raiado more nearly on time than any paiadc of the Ak-Snr-Bon festivities for the laet two yea's Thcie was no tedious delay for the crowds in waiting , as the yaiade was started within a very few minutes of the time announced. It was Just twelve minutes after S o'clock when an aide of the granJ marshal asked the police to clear the streets at the corner of Sixteenth and Nicholas , and the parade was started Immediately. The various divisions of the parade were kept closely together. The twelve inemherc ot the Hoard of Governors of the Knights of Ak- Sar-Ben acted as aides for the several dlvl- blons after the first , and made It their bus Incss to bee that there weie no bicahs. The loatures of the parade were the military and the horsemen Though not the most brilliant nor the largest procession that Omaha hab seen It was In every way creditable and was remarkably well managed STREETS CROWDED WITH PEOPLE. Tha great crowds of spectators who lined the btrcots and filled the balconies and the windows of the principal buildings were In themselves vi more conspicuous feature of the second night of Ak-Sar-IJen week than the parade Itself. It Is doubtful whether any Ak-Sar-Uen parade was ever witnessed by such a huge concourse of people KJ gathered on the streets last evening. Along the en tire route , Including Sixteenth , Douglas , Rir- nam , Harney , Howard and Fifteenth stieets , It vvaa the same. Crowds ot tpectnlors eager to see the passing show of brilliant unllornis , brass buttons and prancing steeds were lined along1 the curbs , of both sidewalks back to the buildings. The police arrange ments were good and the crowds kept well In hand , giving the marchers the benefit of the wide streets. Farium street more es- peeially than any other was densely crowded. Prom Sixteenth street to Eighteenth street It was packed with humanlt > . The public was allowed to make Itself at home on the floored lawn In front of the county coun house , and It was not at all bashful about accepting the cordial invitation extended to it. 'Men. with families of six and seven chil dren could bo seen eaily In the evening wending their way toward the free seats Younger men with other men's sisters sought the same point. In front of the New Yoik Llfo building there were several stands that were occupied by a large number of prom inent citizens and their v , Ivcs. All the spacious windows of The Bee building were In great demand , and in front of the cit > hall an Immense stand comfortably seated 400 municipal officers and their families and friends. Mayor Frank E. Moores and the members of the city council levlcwetl the proccsblon from this point , and it was jiere the troops did their cleverest marching The larger buildings elsewhere along the line of maich had all their front windows pre empted by the parade spectators , and numer ous stands on all the principal streets were well patronized. The weather man again lived up to his agreement with Ak-Sar-Ben III and furnished an article of weather that for the outdoor pleasure. ) of the evening could scarcely lave been surpassed. There was some of the heat of the day loft over , but this was cooled most delightfully by a soft autumnal breeze. The stars never shone brighter , but they were totally ob scured In the blaze of 10,000 electric lights of variegated colors. SOLDIERS IN THE DIVISION. A dozen policemen mounted on splendid horbes preceded the < lirst division of the parado. They were under the command 01 Sergeant Her and cleared the streets of all pedstrlans , vehicles and other obstructions. Twenty-five members of the celebrated brass band of the Twcntsecond regiment U. S. A , followed under the leadership of Baudmabter Relehcrt , playing the martial airs of Sousa and other up-to-date composers of deux temps music. Colonel Charles A. WIKoft of the Twenty-second regiment , as grand marshal of the parade , came next , mounted on a hamlFomc steed. He was attended b } thcso aides : 'First ' Lieutenant Herman Hall , adjutant , and First Lieutenant Jacob F. Kreps , quartermaster. Next came what was generally regarded as the most Inspiring and magnificent feature of the parade , eight companies of the Twenty-second regiment of Uncle Sam's Infantry. The marching ot the regulars was up to their usual high standard , and elicited the greatest applause all along the line of march After the eighth company of the regulars had parsed along there was the Columbia band under the leadeishlp of P. F Gerndt It was followed by company L , Dodge Light guards of Council Hlulfs , under the com mand of Captain W. O. Pryor , The bos from across the river did some splendid inarching and attracted much favorable com ment. They < were followed by the Omaha guards , whoso handsome dress suits orna mented with the white cross-belts and hel mets adorned with flowing plumes ot white , caused many a girl's heart to llutter and the vast crowds of spectatois to shoul "Hravo" The Omaha Guards were undci command ot Captain Mulford and Lieu tenants Wilson and Cone The Thurston lUlles followed , and In their plain , but hand some uniforms and by their unsurpassed marching , won much applause along the line of march Their platoons wr.ro most regular and the hard work that was put in drilling prcparator ) to the trip to San Antonio showed Its effect last evening , as there was not a better drilled company In the parade , not excepting the regulars. Custer post No 7 of the Grand Army of the Republic under command of G H. Rhodes , followed with two score veterans and a large American flag A company of the High school cadets under command of Lieutenant Ord of the Twenty-second regiment their military pre ceptor , and Captain Coburn of the High school , closed the first division , and made a fitting close to the best military display that has been seen In Omaha for several jeans past. CIVIC SOCIETIES IN LINE. The second dlvls-lon was In charge of Mar shal R. S Wllcox , with B. M. Hartlett , H J Penfold , W S Jardlne and Mosei P O'Hriei as aides Ihe ma shal and his staff were fol lowed by the Seventh Ward Military band o twenty-two pieces , George Green , leader The first society In line was Omaha lodge of Elks No 39 , and the "best peci > lo on eaith" ver < strictly In it. There were 150 of them , a ) THE BEE BULLETIN. iVtnthcr I'orpcnst for NcbrnKkn Tnlr ; Variable 1. Illnclry Hill DorMi't Help llnltroniU. I iigrno Moore 1'lrnil * ( lillltj. Street I'linulo Vlrwotl > iy TlioU'nmla. Stuto I nlr Drnus u lllcCrmtd. n. Itmlnc nt thn Slnto fair. Itnntou Drop * Another Uitne , 4. KilKorlul nnd Comim-nt. i : -MlnUtcrTnylor'n Pixlth In WooiUonli n. Siiproimi Cmirt'ft 1'uU Term Opens. 0 , ( 'oillHll lllllT4 ( I.nril Mutter * , ttiilon 1 1 Ill's VVon.liTfnl Mine. Htutu firsts Iti I.urtgprl Case , T. Coiumorcliil nnil I'liiincUl N'nvrj. H , Kxpixltliiii Ilimril I.rl * Coiitrnct * , Itnllnmilft Hi'lng hi ( Irciit Crovvdn. U. lltnv Cniiuilti ( UivrriiH the Klondike. llorluii ( if I'rrniunt rinili IIU Wlfp. iliulgo ( liirttnn mi VVIireliiiou'rt Itlglitv 10. Important Work of Wr.itltDr Uurciui. 1'4. Memories of Aliriiliint Lincoln. uvm'rs or TIU : n.vv At tin- Still < Kalr Uroiiuilxt Third Day of the Fair. , Nebraska Day. Judging In All Departments. Hand Concert Court of Honor , 10 a. m. Hand Concert Grand Stand , 2 p. m. Jubilee Singers Grand Stand , U p. in. Instruction In Milk Testing Dairy Build ing , i Baby Show Headqiiaitcis Building , 2 p. in. Races During the Afternoon. VttrnotloiiH lu tin- CIO i Convention of Nebraska Millers Commer cial Club , 12 m. Illumination of Streets and Public Build ings.Grand Grand Mechanical Parade , Under the Auspices of the Knights of Ak-Sar-Bcn , S | i. m. McSorley's Twins Bo > d After Paiade. Milk White Flag Crclghton After Pa rade. ' YcNtrrdit'H Toitine'rntiiri' . Hour. 1)H. . Hour. ! > ( . n d. in rt : i p. m s ( i n. 111 no u p. in M > 7 ii. in r o : t p. in S- S a. m rr. 1 p. m M o ii. 111 < ; i r p. m si 10 n. m (17 d p. in st : 11 n. in 7O 7 p. in 7S II ! in 7O S p. in 7 ( > ! ) p. in 7l ! Yesterday was a good day for the fair and a continuation of the same kind of. weather Is predicted for today. attired in evening dress , with silk lats and cair > lng canes. They were heuled by a iragniflccnt float , on whlcft a c'Uter was ap parently drawn bj a huge elk This turnout was driven by two > oiing misses , Trances Shields and Mabel Schrlver , and It was one ut the most striking fcatuics of the paiadc. After the niks the Omaha lettois carrieis marched , seventy-five strong , under Captain James Claik. Then came B & M camp , Nn :722 : , Modern Wooodmen of America , which also made a striking appealance. 'Ihey weie headed by their own band , and a huge flcat , the front of which represented a brilliant ! } Illuminated log cabin On the rear was the presumable paiaphcrnalla of the Initiatory ceremony , In which a goat and a cage at coyotes iilajed a prominent purl. Tbeie were about Hftj men In line , including the drill team with W. E. Cady in command. Maple camp , No. 9lu , was also In line with a dilll team and about fifty men. They were com manded by Captain J. W. Mesklmen. Foi- estcrs' camp , No. 120 , under Captain H. C. Mai tin , also made a creditable showing. H was represented by a large number of men , near ! } half of whom marched In the drill team. Tile third division was distinctively South Omaha , and was composed entlrel } of Magic City societies , with the exception of Ihe Mc Cook band , which headed the division. The band appeared with Its full utu-ngtli ot thlrtj- slx pieces under Its leader , Hanj P. Sutton - ton , and Its stirring music was frcquentl } applauded by the crowds on the curbstones The division was in charge of W. 13. Cheek , marshal , with J , W. Cress , F. A. Hroadwell , James 0. Martin and Miss Daisy Rogers as aides. The Stock Yards Equestrian elub was in line and In chaigo of Colonel A. L Lott and was followed by the South Omaha letter canlers under William Mangan. Phil Kearney post , No 2 , Grand Army of the Re public , marched nc\t under Commander J O Eastman , and this was followed by T S C'larl , on post. No 12 , Sons of Veterans , commanded by Captain J. A Beck and Lieu tenant L J. Etter The Sous of Veterans \ero ta-stofully uniformed in blue coats and white trousers and thej made a very credit able appearance. Membeis ot South Omaha lodge , No 1095 Modem Woolnion of Amer ica , weie represented b > a handsome ! } uni formed drill team and two goats. Thoj were in charge of Captain T J. Cooley. UNIFORMS BRIGHT AND NEW. The fouith division was a huge necret so ciety display under charge of Maiehal Trod MeU , Jr , and Aides W. R. Bennett , Vance Lane and E. P. Peck. It was headed by the Omaha Military band of twenty pieces , under Hie leadership of Chailes Pennell , arraed In brand now uniforms of attractive design. Behind It came a detachment from Clan Goidon , Older of Scottish Clans , in charge of Marshal George Anderson and stopping oft to the music of Pipers Buchanan and Wallace. A number of the Scotchmen were In highland unlfoim and all wore the most distinctive part of the national cos tume. These were followed by the at tractive drill team of Red Cross Cahtlo No 4 , Knights of the Golden Eagle , the entlio sciuad being costumed In blue unifoims and caps , with red belts and trimmings and each man carrying a sivord. The captain lu chat go was C. M Coflln The following division was ana of the most attractive of the whole line of the paiadc. Twenty Indian bucks and squaws In Iho typical costume of gaily eoloied blankets , leggings , war paint mid feathein loilo on horseback In slnglo file after the Ijshlon of the red man. As they proceeded they gave utterance to shrill war whoops and jells The band was made up of rep resentatives of the lodges and councils of the Improved Oidei of Rcdmen anil at the fcmlnlno auxilllaiy , the Degree of I'oca- hontus , and was under the oidets of Big Chiefs M. E Gllbcit and Tom Anderson Behind this came u couple of floats repie- Bentlng Indian encampments. Squaws and pappoosec squatted In flout of a wigwam before campflres In nooks In the forest. One of the floats belonged to Alfarctta council No , 3 , the characters upon It being repio- scnted by McsUames J W. Hood , G. Stag- mer J. W , Gross , C. 13. Holllday and M. Kejsor and Miss , Tcrdlo Goodwin. The other float was the handiwork of Yubuunduh- sla council. 'Iho final portion of the division was de voted to the Woodmen ot the World , which had the biggest society rcpreecntatlon In the parade It was headed by the Alpha Camp band of twent } pieces under the leadership of Prof Stclnhauser. The men were In blue uniforms trimmed with red and cream- colored braid Behind the band marched the Alt/ha / camp drill team , a body of men In similar unifonnn and carrying axes. Cap tain J. A. Duller and Lieutenant Russ Me Kelvy commanded them. Then came more inemberj of Alpha camp Following ramo the members of Willow camp. No , 112 , In charge of L E. Roberts. The South Omaha camp had a largo icprcicntatlon and the Council Bluffs contingent under 0. A. Tib- belts had ICO men in line. German-Ameri can camp was well represented , as was Co lumbus camp under command of Joseph Wolf. The Woodmen of the World division closed with seven carrlagt * , In which vscro ecatcd norno of the sovereign officers and the emplo > t-3 of the sovereign olficts. The entire section waa In charge of General Mar thai W Y Teetzel. MORE SECRET SOCIETIES. Thomas A FO was marshal of the fifth and last division His aides were 0 I ) Kip- ( Continued on Third 1'dge. ) CROWDS AT THE FAIR Second Day's Attendance Frovoa to Bo a Record Breaker , THOUSANDS PASS THROUGH THE GATES Pioneers , Old Soldiers and Children Have Full ALL ENJOY NEBRASKA'S GREATEST SHOW iIi i Products of the Great Commonwealth Admired by Alh SIGNS OF PROSPERITY IN EVIDENCE VlNttorn Itvnllrc ( lint 'I'lii-y I.lvo In liilililVlKTi - There IN IMcllty ami AVnnt li -w I'nknow n. " The advance guard of the big crowd arrives At the State fair giounds } cstcrday and fcioka all records of the- second day's attendance. It c.amo early In the morning and stayed all day and from the middle of the forenoon until almost time for the gates to close at night , the grounds were populated with a crowd that wts just big enough to satisfy overbody and still admit or seeing the fair without Inconvenience or discomfort. The brce/e came up quite sharply from the south during the aClcinoon , but the avenues had been well drenched beforci the giounds vvcro cticncd In the morning und the sprinklers had iu difficulty In keeping down the dust. The distinctive fcalute ot the day was the presence of the members , of the Nebraska Pioneers' association , the old soldiers and the children. All these were admitted free at the gates and while the ) formed n largo element of the ciowd , there was also an ex- ccptlonall } heavy leglt-try ot paid admissions. There were ensll } 25,000 people on the giounds and the t anspiitallon facilities were Ii ! pcifect The street lallvvaj company put on I Its 1'ull scivice and the heavllj loided trains were hauled through on schedule time with out a break. The lallioads vveio also well II pationlzed and It Is nriia/ent that the dlfil- I cultles that have previously been encountered In getting to and from the g omuls will not be repeated this yc.ai I Another bright morning practically assured continued goixl vveathei during the remain II der of the week The nlr was sharp In town , but out on the broad southerly slope of the fair giounds the Nebraska tjunshlno I was Just wnim enough for perfect comfort. It was just the sort of a day on which the old people could endure the fatigue of vvan- deilng about the grounds with the greatest , os lblc degree of eomtort and the thousands of chlldien fairly ran wild over the grounds and thiough the already crowded corridors of the buildings. The schools were closed for theda } and the children were out 1ft squads that eventually mobilized and became regiments. And when they dashed through , onu of the buildings In foice the Wg people good-naturedly got. out nl the WAy and al lowed them to have all the enjoyment out of their da's outing that their hearts could VETERVNS AN'D PIONEEKS. The veterans ) were not so much In evldencs during the inornlpg , but later In the day the faded blue coats and the Grand Army buttons became more numerous. There \voa a falrb good tepresentutlon of the Pioneers association , but the meeting ot the associa tion which was to have occurred at the Couit of Honor at 10 30 a. in. was postponed until later In the day In deference to the fact that President Kuinas was so luiolly occupied Surlng the morning with his duties as ECC- retai ) of the State Kalr board that ho could not preside. Hut the forenoon was agreeably occupied by a very enjoyable concert by the. McCook band , which waa leeelved with a little less audible commendation than Its mpiit Justified. 'Ihe f entire ot the morning was the un- piecedentcd aggregation of Eldo shows , which seemed to have sprung up during the night on ncaily available space on the giounds. The faklis s em to share the confidence of the management that the ciowds during the lemalnder ot the week are going to bo some thing remarkable and they are jucpaTlng to take full advantage of the opportunity to Father dimes and quartcis. There Is the Kicato"t conglomeration of this sort that has ever bien ecen on the fair grounds and the multitudinous attractions Include everything fiom the human gorilla to klnetoscopo fe- produUlons of the Corbctt-KIt/Hlmmons light. Several of thorn are aconipanled by bands that ill-srouiio the most exciuclatlng molodlca and others by Improvised negro quartets that aio bllghtly moie bearable and 'jcoc , with the constant exhortations of the fakirs , keep up a hubbub that Is suggestive of a lively Sunday afternoon at Coney Island. Hut It was apparent that the crowd had con.e to see the fair cud not td gao on the charms of Circassian bwutlca or the ngllnos of animal freaks. It lingered for a moment for the outsldo performance and then moved on to admlro the legltlmata attractions ot the fair. The agricultural dis play continues to bo the main attraction for the bulk of the vlsltois and every foot of the building was crowded every hour of the day , It Is somewhat Interesting to the city-bred to hear the extravagant enthusiasm which Is aioused by the sight of the lingo equashcs and other agricultural monstrosities , but the people who come to sco the fair appre ciate the fact that BUCCCFB In agriculture meaim pinspeilty for Nebiaska tt d they contemplate the magnificent nnay of prod ucts with a degree of satisfaction ouch as they bestow on no other fcatuio of the sl.ow CHILDREN AND KISII. To the children , who formed a consider able proportion of tlic morning erowd , the Fisheries buildli g was the center of ' attraction and they never seemed to tire . of watching the evolutions of the dllTcici.t vmletlcfl as they ( squirmed and floated In the clear water of the aquariums. It seemed to bo generally admitted that the child ! rn should have fulj sway In this building , and hundreds of older people ronsldtratoly stopred at the door and allowed the ladB und labslcs to crowd In and monopoll/o the spaeo as long as they The Art building was closed during the morning , while some changes were being made In the arrangement of the galleries , hut nt this U one of tnr features that the majority of Iho vlsltots usually leave until the lust , no ono was apparently Incommoded. Hut after dinner the reign of the small boy \\a * over Early In Hio afternoon the ciowdH began to arrive In Increased numbers and before 2 o'clock the grounds were com fortably crowded. The special trains brought In a largo addition of visitors from out la the Btato and the Omaha people came to HPO the races. The grounds seemed to bo us densely populated an on the big day of last year and the children weio crowded to tha wall. _ _ _ _ _ _ MKivn.vo or MIIU.\MCA i > ioMBitf. IIIntor > ( if > le At the conclusion of the concert yesterday ! morning In the Court of Honor at the BUl fairgrounds the band stand wan tal.cn posies- blon of by the ofllcera of the Nebraska Terri torial 1'lonecrx and the annual meeting of the society was held , After the meeting wag called to order , President Pumas and o gooill ) number of the old tlme-M seated them selves upon the platform surrounding the speaker's table Among fumlllir faces noted were , Cnarles Chlldu , John U. I'uray , U. U ,