THE OMAHA DAILY BEE.
/ . 31BTA.BMSILED JUNE in , 1871. CKMAIIA , 3TKIDAY SCORNING- , 5 , 1807 TWEliVE PAGES. SINGLE OOIYr JT1VB OEJTTW.
TUT CASES AT ONCE
Compel hir Prisonorp Will Bo Brought
Heforo a Oouit Martial ,
SPAIN CABLES INSTRUCTIONS TO CUBA
Oablnot Hi > oares the Vo sol Acted Properly
in Making the Capture ,
S LETTER STIRS UP SPANIAROS
Vrcsi Joins in Hot Attack on
1 Ex-Minister Taylor.
MAKES A GHEAT STIR IN t PAIN'S ' CAPITAL
fjlovoriimciit Deelilen til Tell I'nKcil
St : < , te. . l ( Will Hi. Wlmt It
IJeeiim nt In the Oil tin u
I Mnlter. i
( C opyrlBlit , U7 , by PITHS Publishing Company. )
Nov. 4. ( Now Yolk World
! Jtcal ( ! Telegram. ) The govern
ment h'vtrtoed to telegraph to the authori
ties at 11ar.a : "Commence ns soon as pos-
alblo thn titbl.of the crew of the Competitor )
brjforo a 'iaval court-martial , whoso decision
must be confirmed by the Madrid govern
ment. "
Somp pspirf say the government considers
iihe < Spati'ah.var vessel acted properly In
capturing the Competitor , and could have
i umnivly ( punlnhed the offenders because
the frt-i * . ' of 1877 only applies to American
jUhj'jcts resident In Cuba ; but I believe this
version tit the attitude of the cabinet must
tc r x'J > "il with caution.
' . ' ! < I'lnlster of the colonies will gazette
Ijcfot'C iho end of November decrees eatab-
lisV ' { a ? extension of the suffrage to Cuba
and i'uorio Rico , assimilating Jho rights of
the IsJ.oHants of colonies and mother coun
try ii-.tt QUtermlnlng the mode of carrying
out tiuri.\omy In the West Indies.
ARTHUR E. HOUGHTON.
AjADIJID. Nov. 4. The letter of Senor Sal-
Vint , : nibllshcd in the 'Spanish ' newspapers
ytnturd.-y , replying to the article of Hniiuls j
Tflviui tlie former United States minister to '
Spall' , en the Cuban question , recently 'pub
lished In an American magazine , has created
the 'j-eatest stir here. The Spanish papers
liotly 'Attack Mr. Taylor for his utterances.
Tire Spanish caolnet has now derided to
reply to 'he Unl ed t tom nls'.er's tckniiwl-
cilgemont of the receipt of the Spanish note
in reply to the representations of the United
rtate i on the subject of Cuba , declaring In
.Hiianied terms that In reference to granting
autonomy to Culu , Spain will do what It
deems fit.
71UIIHLS IN CUIIA VKIIV ACT1VH.
Sl ) < MV tlie \ erSpnnlHli Coin ma inler
Wlmt Tliey Can Do.
NEW YORK , Nov. 4. A dispatch to the
Herald trom Havana hays : The rebels In
the flc.Ii ! are very active. On October 30 the
Spaniards sustained the most severe loss they
have met for some time. On the borders of
Matanzas province General Molina was de
feated by the Insurgents under General
Botancourt. General Mollno was on his way
to Havana , accompanied by half a brigade of
troops , to participate lo General Blanco'a
reception , At Aguacato ho heard the rebels
were encamped In the Purgatorlo hills and
broke his march to attack them. The fight
was ft long ono and the Ecanlah loss was
tremendous. He was finally obliged to ro-
trcat.
A report , apparently well founded , Is cur
rent In Havana to the effect that Holgiiin
bas been attacked and captured by the rebels
under Genual Cebreco. That It has been
nttarkcd and seventy-five Spaniards killed is
admitted , but the capture Is denied. General
Luque , with heavy reinforcements , left
Havana yesterday for Holguln.
In a book on the Cuban war just published
hero General Woyler writes the Introduction
In ono place he says : "Tlio system of warfare -
faro carried on by me during this campaign
Is not a new one. It Is the Mime as pursued
( by the Americans of the north when they
fought their brethren of the south. "
A million dollars in paper currency has
mysteriously disappeared from the treasury
here. The money was Intended for the pay
ment of the navy and the troops.
It was announced from Spanish headquar
ters today that a detachment of troops be
longing to the Asturlas battalion , while ro-
connoltcrlng near Ocujal , province of Santa
Clara , had o skirmish with Insurgents In
which several of the latter were killed and
the Insurgent brigadier general , Line Pore *
Muncs , who was found to have Important
documents upon his person , was captured.
The Insurgents on Sunday last exploded ,
a quantity of dynamite near the public square
in Guatemala , Sanctl Splritus district , at the
tlmo the train was passing over the railroad
there. The engine was derailed , but no lives
lost. It Is ofllclally announced that the well
Jaiown Insurgent leader of Gulnes , this prov
ince , named Pltlrrl , died there recently ,
aiHICUSKATII MAY III ! IMIOUOIil KM.
i . t , { Jontliiiuill" " of nixorilerly SeeneM
Will Xut lie Tolernteil.
VIENNA , Nov. 4. When the lower house
of tha Rclchsrath reassembled today the act-
Jnc president. Herr Abramovltch , declared
thu chair would not yield to 'Intimidation , and
that ho proposed to resist any attempts lo
violate thu standing orders , thus protecting
the Intcrrtits of the state and the constltu'
tlon. This was the signal for uproar and ills-
order upon tlio part of the leftists.
The Ncuo Vresso says that In the event of
the members of the lower house behaving In
a. disorderly manner this evening the gov
ernment will Immediately prorogue It , The
.rtlclQ sa > B ; "All hope has buen abandoned
of the RclchBrath approving the prolongation
of the Auntro-Hungarlan compact , "
Atnld increasing confusion the leftists con
tinued to cvp ° s < > the discussion of the bill
for prolonging for a year the Austro-Hun-
garfah compromise , although the house had
adc . ) ted a resolution to debate It. Dr.
Jaeger , burgomaster of Menus , whom Here
Abrahamovicz had Invited to speak , was unable -
able to make himself heard. The leftists
actually entered the president's tribune anil
refused to budge. Dr. Lueger displayed a
placard Inscribed : "I claim the right to
, pcak. "
This , vas greeted by an Increased tumult.
Two leftists rcso unil began to speak
( imullancot'sly , Herr Abrahamovlcz rang
( lie bell repeateJIy and railed them to order ,
tut they refused to dcalst. The confusion
jiail now become a bedlam , and Herr AUva-
liaaiovlcz abruptly survcnilcd the sitting by
leaving the chair.
Wcnn the elttlng wes resumed the uproar
l u rcfjmed. Dr. Lueger made A fresh at-
tempt to speak. Herr Wolff of the Schocn-
crcr group began reading alcud from n news
paper.
The opposing parties fiercely abused each
other and Dr. Lueger denounced the Schocn-
crcr group as a parcel of "street vagabonds. "
The uproar was resumed , and It was Im
possible for Dr. Luegcr to get a hearing.
At 10:30 : this evening the leftists were thout-
Ing , bellowing and reading newspaper articles
at the top of their lungs. The uproar was
Incessant. i
ril.ATir.S STOIIY OK OHUCIKIXIOX.
Alli-Ki'il liiiporlllllt Dnrtiittritt
( iiiarilcil Itv tlir Viitlenn.
( CopyrlRht , 1837 , l > y P. 9 I'uUlnhlnir Company. )
ROME , Nov. 4. ( New York World Cable
gram Special Telegram. ) The Vatican au
thorities are very reticent concerning the
alleged discovery of the report made by
Pontius i'llato lo Emperor Tiberius on the
events dt Jerusalem at about ( lie. time of the
crucifixion of Christ. A sub-keeper of the
Vatican archives who was seen this evening
said :
"Ills holiness Is naturally extremely cau
tious about submitting to publication of any
document with the Imprimatur of the holy
tec , the authenticity of which may after
wards be reasonably contested. His holiness
had been profoundly Interested In the possi
bility ot the discovery of tlio original docu
ment referred to in that dated anne domlnl
14 ! ) , but so far the search has been fruitless. "
I gathered that the manuscript of 149 only
refers to the earlier report and contains no
details from it of uny value. Careful exam
ination for the original is now being made
by exiiortb specially commissioned by the
holy father In the Vatican muniment rooms ,
or fcr references to It In earlier documents
than 149.
The first Indication of the possible exist
ence of this momentously interesting report
waa accldently obtained 'by a monk engaged
In Investigating the archives of the Plfth
century , gathering facts concerning the early
hV-'tory of the papacy. He followed the clue
back to manuscripts of the third century
and then again laboriously pursued It until
a further allusion was found In the document
of the year 149. There Investigation Is
brougnt to a standstill at present and the
pope has given strict Injunctions that no
translation of references In the document
shall bo publHied until submitted for his
sanction. The attitude ot the Vatican au
thorities on the matter Is one of Fceptlc'sm
as to the likelihood of any original authentic
Information being unearthed and some of the
ofTlclals seem were chary even about admit
ting that anything had been dlscoveroJ at
all and were acutely apprehensive lest they
might bo represented as giving color to the
expectation that a contemporary of the most
solemn event in the world's history Is In
existence.
W\NT AV AKIIITIt 1TIOX THHATV.
llrlllNliVorkliiumeii Petition the
I'lilteil ' StaU-H Semite.
LONDON , Nov. 4. William R. Cremer , the
former member of Parliament , editor of the
Arbitrator , first secretary of the International
Worklngmen's association , sails for New
York from Southampton Saturday next ou
board the American liner St. Paul. Dr.
Cremer Informed a representative of the As
sociated Press that he was the bearer of ,
anil would present to every senator , an ad
dress to the United States senate , signed by
over 7,000 worklngmcn , each of them being
an officer of a trades union , and representing
altogether 2,750,000 British workingmen.
Continuing , Mr. Cremer said : "On a pre
vious visit to the United States It was fre
quently Eald to me that the idea of a
treaty ot arbitration between the United
States and Great Brltlan emanated from the
marquis of Salisbury ami Hie privileged
classes of Great Britain with a view to tlelng
the hands of the United States , but proof of
the unanimity of the feeling here < ls shown
by the fact that there were only a half
dozen refusals of the Invitation to s > lgn the
address to the United States senate urging
the conclusion of an arbitration treaty between
the two countries. I shall probably remain
In America for sevenil months. I go direct
to Washington , where I shall be Joined by
Rev. Dr. Charles A. Berry , pastor of
the Queen's street church , Wolverhampton ,
who has gene to the United States In behalf
of the condcratcd churches In Great Britain. '
SUIT AGAINST I'HIXCB OF WALKS.
llroilKlit llefore the- Court mill
Onlereil DlMiiilNNed.
LONDON , Nov. 4. An extraordinary case
was heard before the lord mayor's court to
day , when a man named Hlnde sued the
prince of Wales to recover $300,000 alleged
to have been wrongfully paid him by the
late Umlersherlff Croll , who was the liquidator
dater of the United Kingdom Electric Tele
graph company. The plaintiff declared that
the money belonged to a certain Mr. Allen ,
to whose estate ho was the assignee. Hindc
further claimed the sum of $50,000 from Lord
Suffolk , alleging that the latter had suborned
Croll to commit perjury before Lord Brom-
well at the trial , In 1877 , In connection with
the liquidation ,
Sir George Lewis , In behalf of the prince of
Wales and the earl of Suffolk , asked that
the proceedings be quaeiied on the ground
that the allegations were nothing more than
a frivolous and vexatious tissue of nonsense
and ho submitted an aflldavlt to that effect.
The plaintiff then addressed the court , de
claring that ho had been told that the prince
of Walca received the money referred to and
then proceeded to charge Lord Bramwell with
defrauding Allen's widow out of $70,000 In or
der to obtiiln promotion and a peerage , The
plaintiff was itero stopped by the court with
the warning to speak respectfully of Judges.
Finally the court stopped the case and dis
missed the action , which was described as
being "an abuse of the distinction of the
court. "
III.AXCO TO AI-I.OW
III ( lie Affair * of the Inland
Ahuiil to lie InaiiKiirnteil ,
MADRID , Nov. 6. A dispatch from Havana
says that Marshal Blanco will sign tomor
row circulars prepared by his staff , prescrib
ing tbo measures to ho taken for the protec
tion of estates in the extended zones of cul
tivation and for rendering assistance to suf
fering and necessitous inhabitants. The cir
culars will authorize freedom of sale of cattle -
tlo and the rccultlvatlon of coffee , cocoa and
sugar , and will provide for the safe transport
of produce with a view of pacifying the
country.
Flood of Si
IXJNDON , Nov. 4. There was a flood ot
political speeches tonight. Arthur J. Balfour -
four , first lord of the treasury , spoke at Nor
wich , Sir Michael Hicks-Beach , chancellor of
the exchequer , spoke at Sheffield and Joseph
Chamberlain , secretary of state for the col
onies , at Glasgow ,
Iliiliiwavit llallruiul Openeil ,
CAPETOWN , Nov. 4. A dlspUch from
Buluwayo says the newly constructed Bulu-
wayo railroad was formally opened today In
the presence bt Sir Alfred Miller , governor
( Continued on Second Page. ) I
FOUR KILLED IN A WRECK
Deplorable Accident Occurs on the Chesa
peake & Ohio ,
SEVERAL CARS GO OVER AN EMBANKMENT
Sevi-ntccii I'rrMnnK , In Addition to tlir
Dc-iitl. ArtMore IIP IriH
Serlonxly Injured One llinl ) '
llorrllil.MiniKlctl. .
CHA11I.OTTESVIME , Vo. , Nov. 4. The
Chesapeake & Ohio vcstlbulcd express known
as the P. P. V. , from Cincinnati to Wash
ington , was wrecked near Old Shadwcll , five
miles cast of this place , at 1:25 : this after
noon. Pour persons were killed and seven
teen Injured.
The dead :
HENRY BURNETT , colored porter , Kes-
wlck , Va.
ITALIAN WOMAN named Merra anil In-
fjnt , supposed to bo from Cincinnati.
PHEUX MARENO ( died after removal to
Char'ottcsvllle. )
The Injured
: m
Moses Goldblatt , Cincinnati , knee cap frac
tured.
Conductor S. C. Buster , legs injured.
Engineer Duke , dangerously hurt.
Baggageman Peers , Oordonvllle , Va. , badly
hurt from shoulders down ,
A. Merra , badly Injured.
Mary Marcno , hurt about head.
Two small children of Mary Mareno , ono
badly.
W. L. . Gochenor. Stuarts Draft , Va. , hand
cut.
cut.J.
J. II. Miller , Washington , D. C. , Pullman
conductor , painfully hurt In the back.
Richard Berkcly , Hanover , Va. , exprces
messenger , bruised about the body.
J. N. Halg , Baltimore , knee sprained.
Mrs. Busch , 341 Thirty-first street ( pre
sumably New York ) , bruised about head and
arms , not seriously.
Lee Orandall Globe , Ariz. , slight scalp
wound and fingers sprained.
J. W. Elder , Washington , D. C. , head and
noao considerably bruised.
E. It. O'Brien , Louisville , slightly cut about
head.
Jonas H. Hlckel , Trenton , Butler county ,
O , , left hip painfully Injured.
It is leported that the body of another
Italian child Is under the wreck , but this
cannot be confirmed.
CAUSE NOT KNOWN.
The cause of the accident has not been
definitely ascertained , but It is supposed to
have been duo to spreading rails. The en
gine left the track on a sharp curve and was
hurled ogalnst a rocky hill. All of the cars
except the dining car and the Richmond
sleeper were derailed. Two cars plunged
end foremost down the steep embankment
and one of them went Into the Rlvanna rlrer.
The day passenger coach and the express
car were badly wrecked. As the locomotive
plunged from the lolls and overturned En
gineer Duke was hurled from the cab and
crusheiJ under the engine , besides being ter
ribly scalded by escaping steam. He was
rescued by bis fireman and the conductor ,
As soon after the crash as possible the
uninjured passengers and trainmen began
the woik of rescue and aiding the injured.
Word was sent to this place anil a work
train was Immediately dispatched to the
scene of the wreck.
TERRIBLY MANGLED.
The body of Henry Burnett , the colored
porter , was the last recovered. Ho was ter
ribly mangled , having been In the baggage
car. A foot supposed to be his was first
recovered and later a portion of the head.
The bo.ly was literally dismembered. Mareno
had both legs cut off and died at the hos
pital at Charlottcsvllle.
Among the uninjured passengers on the
train were Senator Orvllle H. Platt of Con
necticut , Commissioner of Pensions II. Clay
Evans and Representative Walter II. Evaus
of Loulbvlllc.
The local lallroad officials are Investigating
the cause of the accident , and declare It was
not due to the spreading of the rails , though
they arc not able to give even a theory.
They state that the tracks at the spot are
true and examination revealed that they are
tied securely.
Late tonight it was stated that the acci
dent was caused by the breaking of an axle
of the forward truck of the engine.
STORIES OP SURVIVORS.
WASHINGTON , Nov. 4. A largo con
tingent of the passengers who were aboard
the wrecked train were brought to this city
over the Southern railway , reaching here
about 11:30. : Among them were several of
those slightly Injured , but who were able to
nroceed to their homes. Senator Platt and
Representative Russell of Connecticut , Representative
*
resentative Walter Evans of NewVork , and
several attaches of the committee Investi
gating the use of alcohol in the arts , were
among those on the train. Senator Platt
and Mr. Russell bad narrow escapes. Mr.
Russell said :
"When the committee left Cincinnati all
our party were In the Richmond sleeper at
the rear , being unable to get berths In the
regular Washington car. A short while be
fore the accident wo hid made arrangements
for bertha In the slecyei In which Senator
Platt and I were In when tbo wreck oc
curred. Senator Platt wa * In the Washing
ton car and 1 joined him about fifteen min
utes before the accident. Suddenly wo felt
a jar as if from the violent applica
tion of the brakes , and the
next moment the car had , toppled
over. We recognize Immediately there had {
been an accident , and neither of us being
hurt , looked about for a means of escape.
We succeeded In opening one of the windows ,
and I was getting out when a Pullman con
ductor came along , We first assisted him
out and ho helped me out and Senator Platt
followed. The others scrambled to get out
from different parts of the car as best they
could. I have been In a good many wrecks ,
but this was probably thu most disastrous
I have over seen. The train was an unusu
ally long ono und was made up of nine cars ,
We were not able to ascertain the cause. "
Senator Platt was rather noncommittal.
Senator Evans said the sudden stopping of
tbo Main seemed to him the shock of an
carthimakc , The engine left the track and
ran Into u. high embankment on one side ,
while the ears becoming detached continued
for nearly 200 feet further. There were ten
cars on the train and all but two were top
pled over , some of them on one side and
some on the other side of the track.
DKCIU12S Till : IIUAU WAS U\S.\FK.
Former \nr York Central Section
MOON tit tin * \Vrerk Iiujuevt
COLD SPRING , N V. . Nov. 4. The second
cession of the corcncr'a Inquest into the
cause of the death of the twenty-one victims
of the disaster on the New York Central
lallroad near Garrison on October 24 was
held la the towu ball here last night.
The most Important testimony , as tending
to show what caused the embankment to
collapse anil the train to ph ngc into the
river , was given by illfihael C are , a former
section master. His teatlmorjr was corro
borated to some extent by two' 'ormcr section
hands who had worked Under him.
Coroner Wood , on the advlto of District
Attorney J. B. Southard , refused to per
mit counsel for the Now York Central to
take any part in the proceedings. After
Michael Clnro had madV his report as to
the condition of the ro'ad when ho hail
chnrgo of It , the railroad counsel wanted to
examine Clare to show that ho was dis
charged for Inebriety , but the district at
torney objected. Counsel for the railroad
declared that their presence at the In
quest was to assist in any way possible to
elicit tha full truth nnd not to shade the
testimony In the slightest degree.
Conductor Parish was examined as to tlio
number of passengers on .the train , nnd his
answers showed that at least ono passenger ,
a Chinaman , Is still missing.
John M. Toucey , manager of the New York
Central , testified : "I re-ichcd the wreck
so. n after It occurred. 1 found the roadbed
broken away for 100 feet on the down track ;
the rails wore in the water In a tangled con
dition , the cars were In thf river and the
engine was out of slghl. Thcro was an
oblong hole In the roadbed. On the land
side the edge of the hole was perpendicular ,
and I &iw no Indication of a slide. "
Michael Clare , the former section boss , was
called and testified : "A new wall was built
i
last fall outside of the retaining wall for the
purpose of widening thq embankment , thus
straightening the curve by throwing the
tracks out toward the river. A portion of
this foil about a year ago. It was not re-
built during my time. The new wall w.s
built close to the old one nnd some of the i
latter was torn out to got s'tono for the new
one. I had considerable trouble with the
roadway. Some weeks the outer rails
would sink be'.ow the surface line
three or four Inches. I have seen It go three
months without settling , and again It would
only strrad for a week or two. The embankment -
ment back of the wall was filled In with
blue clay , gravel and stone. The company
has dumped carloads of stones there to get
solid foundation , but they would seem to dis
appear as fast as put In. "
Oliver Ciark , Harry Robblns and Anthony
Pcy of Highlands , who formerly worked as
section hands under Clare , testified that they
had at that time heard Clare say that It was
the worst sectlcn of track onl.the road , that
more men ohould bo assigned , to work on it ,
Tno Inquest was adjourneditoNovember 12
0X13 r.VfJMSII FlllKXIJ , OK CKOKI3II.
\VllIlnni T. Slt-nil Think * .tin * llosn IN
.Not Si > Unit. ' .
LONDON , Nov. 4. An' Englishman who
does not cherish a tola ] glooajy view of thu
result of the recent election In Greater New
York Is William T. Stead , the well known
newspaper man who recently figured In the
public eye hero as , tho'sponsor ' of Richard
Croker In a somewhat lldttestpg pen portrait
of that noted Tammany _ chle Ula. Mr. Stead
gave hli views to a reporte zSthe Associated
Press today In original phi&i s such as char
acterize his utteranccs. * * . - '
(
Mr. Croker , It appears , while conversing
with Mr. Stead , predicted that the Tammany
majority would bo 100,000 votes , adding : "If
I were to run for'mayor I should want all
the newspapers against me. " Mr. Croker
added , says Mr. Stead : "If you Intend to
write about me , please say that Tammany
must glvo New York the best government
It ever had. New York Is the Ideal city of
the world and that is the future watchword
for Tammany. "
Mr. Stead continued : "It Is a great vin
dication of Tammany amd Croker and gives
them a wonderful opportunity , though It
docs not wipe out the slate of the. past.
Nothing could erase the Lexow revelations ,
but many men who , struggling" " to the front ,
sometimes find it necessary to do shady
things , would bo superior to such tempta
tions after having achieved position. "
"Becky Sharp eald : 'It is easy to be vir
tuous on a thousand a year. ' Tammany and
Croker have got the thousand a year. The
election must glvo a great Impetus to Bry-
anism. "
About the election generally Mr. Stead
was quite cheerful , saying : "Tho Chicago
platform minus the nonsense about free sil
ver If that Is what Tammany's victory
means won't scare the English. To most
of us In the old country plutocrats seem a
much greater menace to the commonwealth
than the democrats , even If they do swear
by Croker and Tammany hall. The repub
lican campaign fund staggered us much more
than the victory of Van Wyck , "
EXGL.YM'lll , XOW fiO IT AIjOMS.
\ < > I , Oliver Dc-iiriiil * oil United .Stllten
for Cnlilc Service.
NEW YORK , Nov. . A special cable dis
patch from London to the Evening Post says :
Today's Issue of shares and debentures by
the direct West Indian Cable company ( lim
ited ) marks the beginning of the end of
England'6 dependence upon the United
States for cable connection with the West
Indies. But for President Cleveland's Ven
ezuelan war message England would proba
bly have been quite content to continue to
depend upon the United States lines via
Florida and Cuba , but directly the officials
here realized the possibility ) of a war with
the United States and the consequent Isola
tion of the West Indian colonies she set
about the negotiations whlcl after a long
fight with rival United States telegraph In
terests , resulted in an imperial subsidy of
$40,000 yearly for twenty years to the Brlt-
luh Canadian capitalist who -.own the Hali
fax-Bermuda cable for its extension from
Bermuda to Jamaica , and ultimately to other
leading West Indian Islands j > nd South Amer
ica. The cable will bd completed by the 1st
of Pebruary. As showing the spirit of the
new enterprise , It may bo said that of to
day's issue of $300,000 in fahares and $600,000
In 4 % debentures , more than two-thirds
were subscribed privately before the issue
was offered to the public.
A similar Imperial undertaklpg , the Pacific
cable project. Is still a subject of depart
mental Inquiry , Thq Canadian proposal for
a cable to Australia from Vancouver has now
been supplemented by a rival project to con
nect Australia with England via Cape Colony
without touching foreign
WYOMING AMI THIS EXPOSITION.
Governor Itlelinrilx CnlU Attention lo
tlifi Xeliruua ! Sliotr.
DENER , Colo. , Nov. . A peclal to the
News from Cheyenne , Wyo. , says : Governor
Richards today Bent a letter to each of the
counties of the state calling attention to the
comlns TranBmlEsIsslppi Exposition at
Omaha. After refeienco to the character of
the exposition he recalls the /act that a
bill providing for a state exhibit by Wyoming
failed of paseago in the last assembly , and
ho therefore urges the counties to take the
matter up and make arrangements for proper
exhibits of their products unJ resources.
MUNICIPAL COURT LAW VOID
Supreme Court Hands Down Two Opinions
in Which All Justices Concur.
ONLY ONE GROUND OF ATTACK NOTICED
It In Declared ( lint to lie Vnllil Uiulcr
tilt * CoiiNllttitlou All Conntlen
Sim u III Have lleeii Given.
the Same 1'imer ,
LINCOLN , Nov. 4. ( Special. ) The su-
prcmc court today handed down a decision
declaring tlio act establishing municipal
courts In cities of the metropolitan class to
be unconstitutional nnd void. There are two
opinions written , one > by Commissioner
llagan , In which Mr. Irvlno and nil three of
the jubilees concur ; the other by Justice
Norval , and Is on the same line , except that
It takes up additional grounds In arriving
nt the conclusion. This Is concurred In by
the other judges. The syllabus of the opin
ion of Judge Norval le us follows :
1. Section 13 , article vl of the constitution
requires that the jurisdiction , ponvcrs , pro
ceeding. ! and practice of the several district
courts shall bo uniform and so also of the'
county courts unil of the justices of the
peace.
2 Tho'words "Jurisdiction" and "powers"
In the sense they are employed In the said
section 19 of the constitution embrace not
only the subject matter of the cause , but as
, well the territory within which a court mny
j act or send process for service , so that the
j territorial jurisdiction of all courts of the
s.imo grade or class must be uniform.
j 3 , The constitution docs not require that
the territory within the limits of which the
Jurisdiction of Justices of the peace Is re
stricted shall be of uniform size , but that
every such territory shnll consist of HUe
| t political divisions. Tina when counties are
| ' chosen as a basts of territorial Jurisdiction
no other political division can bo adopted In
< part , anil when any political division other
| i than the counties Is made the criterion to
i bo uniform It must bo of all such divisions
| throughout the state.
4. It Is essential that the tcrrlorlal : juris
diction of the district anil county courts ,
respectively slm'.l bo uniform.
j ' i > . Section S , chapter xxv , of the laws of
i ] SU7 , violates the constitutional rule of uni
formity of jurisdiction uml % powers , as re
gards -the. district , county and justice comts
of the state.
ONLY ONE GROUND NOTICED.
The opinion In opening states :
The vnlHIty of chapter xxv , an act
creating1 a municipal court In each city of
the metropolitan clns = , Is assailed by the
relalor upon nine distinct grounds , of which
ono alone will be noticed , namely , t iat sec
tion S of said act contravenes section ID ,
article vl , of the constitution of the state ,
since said section S In Us scope , purpose. "
anil effect , attempts to curtail or abridge
the jurisdiction and po-.vers of justices of
the peace , county and district courts In each
county In which a metropolitan city Is lo
cated. ,
The syllabus of the opinion by Commis
sioner Ragan Is as follows :
IwChnptcr 25 , session laws 1597 , nn nct
establishing' a municipal court In cities of
the metropolitan class , violates section 19 ,
Article vl of the constitution and Is void.
2. The constitution classifies or grades all
courts which exist or may exist in the state
anil the legislature has no authority to alter
such classification.
3. Within the limits of the constitution
the legislature may enact laws defining1 the
juilsdlctlon and powers of all courts In the
state , but such a Uiw to be valid must
be uniform us to till courts of the same
grade whereever situate.
4. The constitution prohibits the legis
lature from vesting In the county courts
or Justices of the peace of one county a
Jurisdiction , or power that Is not vested In
the county courts and Justices of the peace
of every other county of the state.
5. When it Is apparent that an uncon
stitutional section of a legislative act was
the sole Inducement to Its enactment the
whole law will be held void.
C. A legislative act , valid and complete In
Itself , which contains a provision repug
nant to home other existing law repeals
such law by. Implication.
OHir.l.V.VI , O1IJISCT OF TUB Jj.YW.
DeHlKTiieil lo II o Away with Juwtlee
Courts In the City.
The purpose of the municipal court bill , as
sst forth by Its friends , wcs to do away with
the justice courts against which a great
many complalnta had arisen during the last
few years. The court was to bo composed
of three Judges , no two of whom should beef
of the came political party. H wss to have
Jurisdiction equal with the county Judge In
all civil cases , The bill was Introduced in
the legislature by Edson Rich of this city ,
and with It was Introduced a bill to abolish
the office of justice of the peace , hut the lat
ter bill WES lost In committee. The measure
aa pacsed applied only to Omaha.
When the hill became a law Governor Hoi-
comb appointed George A. Magney , a silver
populist ; Harry E. Durnam , a silver repub
lican , and John D. Ware , a silver democrat ,
as Judges of the court. They In turn ap
pointed Fred II. Cosgrovo as clerk of the
court.
After the court had organized for business
some doubt arose in the minds of many of
the attorneys of the city as to the constitu
tionality of the act and a friendly suit was
Instituted to test It , that litigation might
not be delayed or nullified by eomo future
action. The decision by the supreme court
was upon this suit.
.Mr.S 11KJ SHOW PAYS OUT.
1'roperty mill 1'neollee.leil ANNI > ( H Mori *
. 'I'llnll OltHCt IiiileliteilneHM.
NASHVILLE , Tom. , Nov. 4. At a meet
ing of the executive committee of the Ten-
ncssee Centcnlal exposition hero this after
noon , Auditor Prank Goodman filed his re
port , showing that the total Indebtedness of
the exposition Is now only $30,000 , The
property of the exposition company Is valued
at for more than this sum , and there are un-
collecteJ assets amounting to $39,000. The
total attendance officially reported was
1,682,305.
Missonti HAS A STIADY MAIN.
Five Moiitlix' Drouth IN IlrnUen In
Alnny Northern CmintleN.
MILAN , Mo. , Nov. 4. ( Special Telegram. )
A steady rain began here about 7 o'clock
tonight , the first of any consequence In five
months. H is causing general rejoicing.
Wells and ponds had almost gone dry and
the Omaha , Kansas City & Eastern officials
had Instructed conductors to water stock at
only ono station on the line. Telephone re
ports Indicate that the rain Is general all over
northern Missouri.
AViinl Ilu > Army IncreiiNciI.
NEW YORK , Nov. 4-At a regular
monthly > me < : tng | of the Chamber of Com
merce today a resolution a as adopted UK-
eestlng to the government the advisability
of Increasing the army by about 4,000 artil
lerymen so that the modern ueucoast de
fenses now In construction may bo prop
erly manned , - , „ - , .1
THE BEE BULLETIN.
Wonltitr Forrcniit for Nebraska
r'nlrj Wnrmtri Northerly Wind * .
Pnse :
1 , Competitor Onto * to lie Trlrd Soon.
Four Killed In n Wrrrk.
Onmhn'n Municipal Court Knocked Out.
Oniclnl Count In Ohio to Decide.
S. doing TlirmiRli tlio Inillnn Krcnrcln.
Otitloijk for Agriculture In Atimkn.
3 , Dornry fnno Still Drag * Along.
Ten Tlipmniul for I'mlmi In Nclmnkn.
4 , Kitltnrlnl unil Cnmtunnr.
B , lliinltn for if. i . ruriilinno Money.
Chlrnfri When , ! Pit In u flurry ,
South Dakota Wnrrnntu More Vnlimliln.
0. Council lllurr * lx-il : Mullein. ,
llutunn from tlio Iowa Election.
7. New York nnil Clileiigo llorsn Hlioxvn.
8. ilinlnon Harmon on Hoiult In Ohio ,
liulgo ( lorilnn Wants it Now .lull.
0. Mllen' I'lnn to I'rotcet TreimirleH.
Itnllnmil * unit Safety Appllunco
Children nnil thu Omiihi KtpoHltlo
Yi'Ucr Get * No Client ) Telephone.
11) , Dully Kotitlna on n Wur Ship.
11. Commercial nnil Flimnclitl Nmvft.
12. Uypnle * In tlio Winter ,
Sn-lmllcm Who Turkic Undo Sum.
Te in n era tunnt O inn lint
Hour. DTK. Hour. Den.
> n. in CiO J p. in 'II
( t n. in l-l B p. in M
7 n. in -II ! l | i. in Ill
K n. in : ti ) -i p. in la
o n. in to r ii. in ii
10 n. 111 u II p. 111 II
11 ii. in Ill 7 | i. in . . . . . . -It
11 : in lit s ii. n as
ii ii. 111 : i7
CirilllKNCY IS NOW ( .01X15 SOUTH.
New OrleaiiN Cirinliinlly Ileeo
from Its Flnniiolnl SlilllilMIII.
NEW YORK , Nov. 4. The Commercial
Advertise. " Eays : Gratifying advices that
New Orleans Is freeing Itself slowly but
j ! surely from the difficulties and embarrass-
j ; ments due to the prevalence of yellow fever
are found In the transfci of currency from
the subtrcasury In this city to New Orleans
direct. On Monday $1.000UOO was forwarded ,
and yesterday a similar amount was sent ,
gold being deposited therefor. Now that
New Orleans Is recovering somewhat. It Is
probable that remittances of currency will
bo made direct during this , mouth , aud prob
ably up to December 15. That St. Louis
banks have profited considerably by the mis
fortunes of New Orleans Is evident.
Ono million , five hundred thousand dollars
In cuircncy was sent to St. Louis last week ,
and more Is to bo made until the usual fallIng -
Ing off which 1.3 observable about the middle
of November.
U Is believed by sonic persons that St.
Lculs bankers will hold. If not Increase ,
j I their cottcn bill business , and that New
I i Orleans will not bo able to wrest from them
I oven a fair volume of that business , which
j I by no fault of her own Now Orleans ro-
! Unfinished. It should bo remembered , however -
over , that Alabama , Louisiana , Mississippi
and Texas draw largely from Now Orleans ,
and experts who have given some attention
to the claims of the two cities 'believe that
the bulk of the future business In cotton
bills will not , after all , go to St. .Louis , .
At the subtrcasury It Was said that the
amount of currency asked for to bo used
In the cotton belt Is not as large as labt
year.
KANSAS KIIOCKIUS l.A ll.UJ FIX.
Their 'WliciIrMiilerx'Nsoellltloii In
Shown Ufi IIH n TrilNt.
CHANUTE , Kan. , Nov. 4. A judicial In
quiry begun hers in the district court under
the Farrelly anti-trust law resulted today
In placing the Kansas Wholesale Grocers'
association in an embarrassing position. Its
olpcers have maintained all along that the
association was In no sense R trust. The
feature of Inquiry was In the bringing Into
court of nearly a score of traveling sales
men , who were examined Individually as to
the character of the association. Nearly all
denied the existence of a trust , but upon
their being compelled to submit their c-rre-
sponilence to the court it was clearly demon
strated that the association fixed prices for
the sale of sugar , tobacco , soaps , yeast , lye
and other staples , and when closely ques
tioned several of the witnesses admitted tint
the cutting of these prices would mean the
loss of their positions.
Assistant Attorney General Snelllng con
ducted the Inquiry , and attorneys who wjero
present on behalf of the association we
not permitted to question the witnesses. As
a result of the revelations Attorney General
Boyle will proceed against the ofllcers of
the Kansas Wholesale Grocers' assoclitlon
by means of Injunction for dissolution of the
so-called trust. W. N. Todd of Leavenworth
Is president of the association , This proceed
ing Is hut the first of a number planned
by the populist state administration against
associations operating in Kansas.
FOOD FOll THIS STAIIVIXO iMINKHS.
Wnr DeimrliiK-iit IN AHUIM ] to Alii In
PORTLAND , Ore. , Nov. G. President
Mason of the Chamber of Commerce sent
the following telegram to Secretary Alger
at Washington :
Starvation and death confront the tin-
fortumito on the Yukon through the failure
of the trading companies to get supplies
Into the interior before thq close of naviga
tion. on the Yukon. The Chamber of Com
merce of Portland has undertaken to re
lieve the distress before the Ice fetters of
the Yukon iclease the supply steamers unil
for that purpose It will donuta provisions
and supplies. The Chamber of Commerce
nsks thu co-opeiatlon of the War depart
ment In transporting " 'IB ' relief from the
city of Portland to thu most accessible
point on the Alaskan coast , whence the
relief expedition may carry It to the im
prisoned gold miners. Our duty to suffering
humanity demands the pucrfllce that maybe
bo ncct'SHary to accomplish this end. Will
you co-operato with us In this undertaking ?
lOAHTIKlt'AKI' : SHOCK I.V IDAHO.
CriiNl 4i t Hie Gloliit Ilnilly All'eeti-il
ttlfli Trt'innrN.
SALT LAKH , Utah , Nov. 4. A special to
the Tribune from Pocatello , Idaho , says :
A severe shock of earthquake at 2:30 : this
morning was felt the cntlro distance from
Silver How to Monlda , Mont. , and at 7 o'clock
a second shock was perceptible , but not BO
severe. At Divide , Hod Hock , Lima and
Monlda windows rattled , dlshea fell to the
floor , flower pots were thrown from their
stands , lamp chimneys and other gla swaro
suffered destruction , clocks btopped and
buildings were made to away and crack. At
Dillon especially was the first tihock severe.
The court house walls were cracked anil the
plaster fell from the celling ,
SliootM HlniM'lf III till * Heinl.
POIITLAND , Ore. , Nov. 4.-WIIIIum J.
Lehlgh , manager of the Merchants' Ex
change association , committed milcldo this
morning on the floor of the exchange by
shooting himself In the head. It In stated
that buslnens reverses caused him to luke
his life , Kor many years Lchlgh was em
ployed as nn operator by the Western
Union Telegraph company at various points
on th Pacific coast ,
CLOSE VOTE IN OHIO
Official Canvass in Progrosa Throughout the
Buckeye State.
BOTH PARTIES WATCHING IT CLOSELY
Pluralities on Legislative Ticket Very Email
in Some Counties.
ALL CENTERS ARCUND FIGHT ON HANNA
Republicans Still Claim Mnjoritj of Five on
Joint Ballot.
DEMOCRATS STILL KEEP COURAGE UP
l.nte AilvlooN Inilleiite Tltnt the Con
IcHlM Will lii CnrrliMl Into Ihe
Con r I * He pull I leu UN Hnve
! tin" Ailnniif. ,
COLU.MUUS , 0. , Nov. 4 , Many talk about
a crisis In Ohio. Some believe that a crlsla
Is Impending , The talk about a combine In
the legislature ag.tlnst Senator Hanna has
subsided , pending the Interest In the official
counting of the vote In close counties. As
the official canvass of the vote In the
eighty-eight counties proceeded today the rc-
uubllcau plurality on the state ticket In
creased , and on the legislative ticket It ap
peared to bo getting toward a very close
ehavo.Vhllo the rcyub.lcan plurality on
the state ticket exceeds 28,000 , the vote on
the legislative ticket Is Mmost as close as It
could be. Kcr this reason there Is still un I
usual anxiety at the respective state head
quarters of both parties.
The republicans still claim that the legis
lature stands seventy-flvo republicans to
seventy democrats on Joint ballot for sena
tor , and that their candidates for representa
tives In three of the c.'ose ' counties nave
been elected by the following pluralities :
Delaware county , 29 ; Wood county , 2S ; Noble
county , 85 ; a total of 112 on the pluralities
of these three countle.3. A clunge of seventy-
two votes , prcporly distributed In these three
counties , would therefore have turned the
result In the legislature by giving these
three representatives to the democrats.
Then the legislature would lm\o stood
seventy-two republicans and seventy-three
democrats ou joint ballot for senator.
When It Is retncmbeivd that the total
vote oP Ohio last year was over ono million
and Is almost ono million this year , It Is
readily seen thit seventy-one is such a small
oercenta&o that it cannot bo clearly ex
pressed In figures or tractions or language.
And this Is what makes ( he democratic
atate committee continue to claim the legislature 1
J
lature and the republican state committee
lo bo bo closely on guard In watching the I
counting in thu clcso counties. The -official *
count of Delaware county Is In , but with 1
protests and notices of contest from the
demarats , ami the same Is true of Noble
county. The ofllclal count of Wood county
will not bo completed till Saturday , although
they expect to get through tomonow.
DEMOCRATS PROTEST.
In Wood county today thu democrats pro
tested against counting the vote of a pre
cinct , where the place of voting was outside
of the precinct , but within the ward. Had
this precinct been thrown out it would have
elected the democratic candidate for repre
sentative by a plurality of live Instead of the
republican candidate , by twenty-eight. The
vote of the precinct wca counted anil the
democratic protest was filed. Other technic
alities are expected In the progress of the
vote In that county tomorrow. In Noble
county there was a long contest over twenty-
seven scratched tickets that were finally
thrown out because they were not properly
, . trkod. This was a republican loss.X2very
i ; nt Is being contented in the ofllclal count
of the close counties.
Chairman Nash says tonight that the re
publicans have a bafo majority of live on
joint ballot In the legislature. Ho admits
that the pluralities are small in some coun
ties , but claims they are safp. Ho lies no
doubt of the rcoult In any of 'he CiiUuHca
which ho claims except possibly Wood
county , and In the event of the loss of that
representative , ho sa > s the legislature would
still stand 71 republicans to 71 dcmocra'a and
have a majority of three on loint ballot for
senator. Chairman Niioh slid 'ho lelurns
from the Thirteenth district bhowed that the
republicans had a plurality of 43 ! } , BO that
there Is no longer any of .ho state tenaloru
In doubt and the ncnnto v , ill stand Ii ) dem
ocrats to 17 republicans. At republican rate !
headquarters Summit county l not conbld-
ered so doubtful as heretofore and its two
representatives are being eo.u-odcd to the
democrats. This would make thu houte G3
republicans and lil democrats.
MAKES NO CONCESSION.
Chairman McConvlIlo does not admit that
the republicans have carried the Thirteenth
district for their candidate for state senator ,
and ho still claims the representatives from
Noble , Delaware , Wood , Miisklngiim ami
other counties claimed by the republicans ! .
Ho also expects the official count to glvo the
democrats two of the twelve members of the
legislature from Cuyahoga county , In all
'tin-so counties and In others ho says there
will ho contests for tlio teats In the event
of the certlflcatei ) of election 'bo'ng given to
the republicans.
Chairman McConvlIlo charges fraud In the
clobo counties and In some republican coun
ties , lie bays nearly all the close counties
have gene republlMii heretofore and the
republicans still have the machinery In those
co ml I CM. Ho says the returns have been
held back and It looks suspicious. Other
counties have completed tlielr counting ,
while tlio doubtful counties are still at II.
Ho says the result was known definitely la
Cincinnati yesterday morning and ho cannot
get definite results eveei tonight from Cleve
land , where he expects thu vote to bo very
clcso on two or three members of the leg
islature. Chairman McConvllIu will remain
hero on duty until the official count of all
the counties IK completed ,
WIU * 00 TO THE COURTS.
I ito tonight It became known that tha
courts would bo resorted to for the purpose
of preventing boards of election from Issuing
certificates to the republican candidates In
certain counties. The cases will ho brought
In the lower courts and thence taken to the
supreme court as soon as possible , The re
publican fctato committee already has lawyer *
preparing cases of contest.
The republicans get three representative !
on the face of the returns from Delaware ,
Noble and Wood countlei , whose pluralities
aggregate only 142 , and a change of uevcnty-
two votes would have given the democrat !
control of the legislature , The republican