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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 5, 1897)
THE OMAHA DAILY BEE ESTABLISHED JUNE 19 , 1871. OMAHA , JfltlDAY MORNING , NOVJpMUEl ? 5 , 18J)7 ) TWELVE PAGES. SINGLE 00PV IT1VE CENTS. TRY CASES AT ONCE Competitor Prisoners Will Bo Brought Before a Court Martial. SPAIN CABLES INSTRUCTIONS TO CUBA Cabinet Declares the Vaval Aotod Property in Making the Capture. SALVINI'S ' LETTER STIRS UP SPANIARDS Madrid Pros ? Joins in Hot Attack on Ex-Minister Taylor. MAKES A GREAT STIR IN [ PAIN'S ' CAPITAL Ciominpiit DfdilcH lo Tell I'nltiil ' It Will Do VVIint It UCCIIIH Pit In the Cuban I flatter. i ( CbpyrlRlit , 1S97 , by PI-PUS I'ubllnlilnir Compnnj. ) MADRID , Nov. . ( New Yolk Wurld Cablegram Spec'nl Telegram. ) The govern mcnt has decided to telegraph to the authori ties at Havana : "Commence as SDOII as pos sible the trial of the crew of the Competitor ibcfore a naval court-martial , whoso decision must be confirmed by the Madild govcrn- nnt. . " Some papers say the government cannldeis the Spanish war vessel acted proper ! } In capturing the Competitor , and could have eummrrlly punched the offenders because .ho treaty of 1877 only applies to Ameilc.ni subjects resident In Cuba ; but I believe this version of the attitude of the cabinet miibt lie received with ciutlon The minister of the colonies will ga/ctte licforo the end of November decrees estab lishing an extension of the suffiagc to Cuba and Puerto Illco , assimilating the rights of the Inhabitants of colonies and mother coun try and determining the mode of carrying out autonomy Jn the West Indies ARTHUR 12. HOUOHTON. MADRID , Nov. . The letter of Senor Sal- vlnl , published in the Spanish newspapers j yesterday , replying to the article of Hannls j Taj lor , the former United States minister to Spain , en the Cuban question , recently pub- . llshcd In an American muga/Iue , has created | the greatest stir here The Spanish papers | hotly attack Mr. Taylor for his utterances The Spanish cabinet has now dei idecl to reply to the Unl cd St to m nla cr's i ckiynvl- cdgcmcnt of the receipt of the Spanish note In reply to the representations of the United BtatcH on the subject of Cuba , declaring In guarded terms that ID reference to gi anting autonomy to Culu , Spain will do what It deems fit. ituniis IN ciinv MIIACTIVI : . Show < lie New SpiinlNli ( 'oiiiiiuiiiilrr IVIuit TIif > Cnii Do. NEW YORK , Nov. 4. A dispatch to the Herald from Havana bays : The rebels In the field are very active. On October 30 the Spaniards sustained the most severe loss they have met for some time. On the borders of Matanzaa province General Molina was de feated by the Insurgents under General Betiincourt General Mollnc was on his way to Havana , accomranlcd by half a brigade of troops , to participate In General Blnnco's reception. At Aguacato ho heard the rebels iwero encamped In the Purgatorlo hills and broke his march to attack them. The light vaa , a long ono and the Spanish loss was tremendous. Ho was finally obliged to re treat. A report , apparently well founded , Is cur rent In Havana to the effect that Holguln has been attacked and captured by the rebels under General Cobreco. That It has been attacked acid sovcnty-flvo Spaniards Killed is admitted , but the capture Is denied. General iLucjue , with heavy reinforcements , left Havana } csterday for Holguln. In a book on the Cuban war Just published liero General Wcyler writes the Introduction In ono place he says : "Tho satem of war fare carried on by mo during thlfl campaign is not a new one. It Is the same as pursued by the Americans of the north when they fought their brcthre'n of the south. " A million dollars In paper currency has mysteriously disappeared from the treasury here. The money was Intended for the pa > - ineiit of the navy and the troops. It was announced from Spanish headquar ters today that a detachment of troops be longing to the Aeturlas battalion , while re- connoltcrtng near Ocujal , province of Santa Clara , had a skirmish with Insurgents In which Hovoral of the latter vvero killed and the Insurgent brigadier general , Line Pcre * Jluncs , who was found to have Impoitant documents upon his person , was captured. The Insurgents on Sunday last exploded a quantity of dynamite near the public square in Guatemala , Sanctl Splrltun district , at the time the train was passing over the railroad < heie. The engine was derailed , but no lives lost. It Is ofllclally announced that the well Vnoun Insurgent leader of Guinea , thin prov ince , named Pltlrrl , died there recently. itiicu < < ii iTii Vi vv HI : IMIOIIOCI in. Coiillinintloii of UlxoriliTl j Serin- * Will .Not III * Tolcralcil. VIENNA , Nov. 4. When Iho lower house of the Rclchsrath reassembled today the act ing president , Herr Ahramovllch , declared the chair would not jlold to 'Intimidation , and that bo proposed to resist any attempts to violate thn etandlng orders , thus protecting the Intercuts of the state and the constitu tion. This was the signal for uproar and dls order upon the part of the leftists. The Ncuo Tresso sa > s 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 artlcla gays : "All hope has been abandoned of tbo Itclchsrath approving the prolongation of the Audtro-Huiigarlan compact. " Amid Increasing confusion the leftists con tinued to C < HIMO the discussion of the bill for prolonging for a } ear the Austro-Hun- sarlan compromtso , Although the house had ndcptcd a resolution to debate It , Dr. lAieger , burgomaster of Mentis , whom Herr Aijrahutnovlcz had Invited to speak , was uu- Able to make himself heard. The leftists actually e-ntered the president's tribune and refused to budge. Dr. Lueger dlsplaed a placard Inscribed : "I claim the right to ipeak. " This was greeted by an Increased tumult. Two leftists rcso and began to speak Imultancouily , Herr Abrahainovlcz rang the bell repeatedly and called them to order , but thry refused to dealst. The confusion now become a bedlam and . - Jiad , Herr At/-a- jhiwovlM abruptly surpended the sitting by Icavlct tl'o chair. When the sitting vvos returned the uproar umi resumed , Or , Lueger made a. fresh at tempt to speak. Herr Wolff of the Schocn- erer group began reading akud from a news paper. The opposing parties fiercely abused each other and Dr. Uieger denounced the Schoen- crer group as a parcel of "street vagabonds. " The uproar was resumed , and It was Im possible for Dr. LiiCRcr to get a hearing. At 10:30 : this evening the leftists were shoutIng - Ing , bellowing and reading newspaper articles at the top of their lungs. The uproar was Incestant. i I'llTIVS STOUY OP CIIUCiriMOV. Alli'Ki'il Iniiorniit ( l > nritnirtit ( iiinrilcil t > > ( lir Vntlciiii. ( Copyright , 1837 , by l'r a rubllxhltiff Company. ) ROMI2 , 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 Pilate to Dmperor Tiberius on the events at Jerusalem at about Hie time of the crucifixion of Christ. A sub-keeper of the Vatican archives who was seen this evening said : "Ills holiness Is naturally extreme ! ) cau tious about submitting to publication of any document with the Imprimatur of the holy rcc , the authenticity of which may after wards bo reasonibly contested. His holiness had been profoundly Interested In the possl- blllt } ot the discovery of tiio original docu ment referred to In that dated atno domlnl 149 , hut 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 an } value. Careful exam ination for the original Is now being made b } exucrth specially commissioned 1 > > the holy fathci In the Vatican muniment rooms , or fcr references to it in earlier documents than 14D. The first Indication of the possible exist ence of this momentously Interesting report wsa accldcntly obtained by a monk engaged In Investigating the archives of the Fifth century , gathering facts concerning the carl } hLitor ) of Iho papacy He followed the clue back to manuscripts of the third century and then again laborious ! } pursued It until a further allusion was found In the document of the year 14B. There Investigation Is brought to a standstill at present and the pope has given strict Injunctions tint no translation of references In the document shall ho published until submitted for his sanctlrti The attitude of the Vatican au thorities on the matter Is one of eceptlc'am as to the likelihood of an } original authentic Infcriratlon being unearthed and some of the officials seen were char } even about admit ting that anything had been dlscovereJ at all and wcie acutely apprehensive- the } mlrfht ho lepreevnted as giving color to the expectation that a contemporar } of the most solemn event in the world s lilstoij is In existence \v\vr VN \ KIUTUTIOTiinvri. . HrltlNli Wort. IIIKIIH-II IN-lllloii the I iilli-il StnU'M Semite. LONDON. Nov. 4 William R. Cremer , the former member of Parliament , editor of the Arbitrator , first secret iry of the International Worklngmen's association , sails for New York from Southampton Saturday next on board the American liner St. Paul. Dr. Cremer Informed a representative of the As sociated Press tint he was the bearer of , and would present to every senator , an ud- dress to the United States senate , signed by over 7,000 worklngmcn , each of them being nn olilcer of a trades union , and representing altogether 2,750,000 Ijrltlsh vvorklngmen. Continuing , Mr. Cremer said : "On a pre vious visit to the United States it was fre quently cald to me that the idea of a treaty of arbitration between the United States and Great Urltlan emanated fiom the marquis of Salisbury and tiio privileged classes of Great Urltaln with a view to tlelng the hands ot the United Stites , but proof of the unanimity of the feeling heie Is shown by the fact fiat there were only a half dozen refusals of the Invitation to sign the address to the United States senate urging the conclusion of an arbitration treaty betw ecn the two countries. I shall probably remain In America for several mouths. 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 gone to the United States In behalf of the conderated churches In Great Britain > LIT V1NST 1MIINCR OI'V \l.l > . llroiiKht llcfort * tlif Court mill Orilt-rt'il lllHiiilxNi'il. LONDON , Nov. 4. An extraordinary cube 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 UnderElicrlff 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. Illndo 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 \\alea and the earl of Suffolk , asked that the proceedings be quaeiied on the ground that the allegations were nothing moro than a frivolous and vexatious tissue of nonsense and ho submitted an aflidavlt to that effect. The plaintiff then addressed the court , de claring that ho had been told that < be prince ofValea received the money referred to and then proceeded to charge Lord lirarnwell with defrauding Allen's widow out of $70,000 In or der to obtain promotion and a peeiagc , The plaintiff was iiero stopped by the court with the warning to speak respectfully of judges , Finally the court stopped the case and dls- mleseil the action , which was described as bdng "an abnso of the distinction of the court. " III.NCO TO AI.I.OU' CUI.TIV VT1ON. CliiiiiKiIII the AT.ilrn of tlio Ixliiiiil Alioiit to 111 * IniiiiKiii'lltcil. MADRID , Nov. 6. A dispatch from Havana sajs that Marshal Dlanco will sign tomor row circulars prepared by his staff , prescrib ing the mcabures to ho taken for the protec tion of estates In the extended zones of cul tivation and for rendering assistance to suf fering and noccsaltouB 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. riooil of LONDON , 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 Hlcks-Hooch , chancellor of the exchequer , spoke at Sheffield and Joseph Chamberlain , secretary of state for the col onies , at Glasgow. lliilim ) o II ii 1 1 run il Oieiicil. CAPETOWN , Nov. 4.-A dlspjtch from Buluwayo says the newly constructed Dulu- vvajo railroad was formally openej today In the presence bt &lr Alfred Miller , governor ( Coatlnued on Second Page ) I FOUR KILLED IN A WRECK Deplorable Accident Occurs on the Chesa- pcnko k Ohio. SEVERAL CARS GO OVER AN EMBANKMENT SrvII TII I'lTxotix , In Addition to tlic Dcail , Arc More or I , run Injured Otic lloily llorrllil ) CHARLOTTI2SVILLK , Va. , Nov. 4. The Chesapeake & Ohio vcstlbulcd express known as the K. IA 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 Kcs- vvlck , Va. ITALIAN WOMAN named Mcrra and In fant , supposed to bo from Cincinnati. PHELIX MARENO ( died after removal to Char ottcsvlllc. ) The Injured : * Moses Goldblatt , Cincinnati , knee cap frac tured. Conductor S. C. Buster , legs Injured. Engineer Duke , dangerously hurt. Baggageman Peers , Gordonvllle , Va. , badly hurt from shoulders down. , A. Mcrra , badly Injured. Mary Mareno , hurt about head. Two small children of Mary Mareno , one badly. W. L Gochcnor , Stuarts Draft , Va. , hand cut. cut.J. J. II. Miller. Washington , D. C. , Pullman conductor , painfully hurt In the back. Richard Uerkely , Hanover , Va. , exprci.8 messenger , bruised about the body. J. N. Halg , Baltimore , knee sprained , Mrs Husch , 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 nose consldeiahly bruised. E R. O'lJrlen , Louisville , slightly cut about head Jonas II Hlckel , Trenton , Butler county , O , left hip painfully injuicd. It Is icported that the body of onnthei 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 hive been duo to spreading rails The on glno left the track on a sharp curve ami was hurled : galnst a rock } hill. All ot the cars except the dining car and the Richmond sleeper weio derailed. Two cars plunged end foremo t down the steep embankment and one of them went Into the Rivsnna rher , 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 crushed ; under the engine , besides being tci- rlbly tcaldcd by escaping steam. He was recued b } his fireman and the conductor. As soon after the crash as possible the uninjured passengers and trainmen began the woik ot rescue and aiding the Injured. Word vvttb sent to this place and a work train was immediately dispatched to the fceuc of the wreck. TERRIBLY MANGLED. The body of Henr } Burnett , the colored porter , vvis the last recovered. Ho was toi- Hbly mangled , having been In the baggage car. A foot supposed to be his was first recovered and later a portion of the head. The holy was llterall } dismembered. Maieno had both legs cut off and died at the hos pital at Charlottcsville. Among the uninjured passengers on the train were Seintor Orvllle H. Platt of Con necticut , Commissioner of Pensions H. Clay Evans and Representative Walter II. Evans of Loulbvlllc. The local lailroad officials are investigating tbo cause of the accident , and declare It was not due to the hpreadlng of the rails , though they aie not able to give even a theory. They state that the tracks at the spot aio true and examination revealed that they are tied secuiely. Late tonight It was stated that the acci dent was caused by the breaking of an axle of the foi ward truck of the engine. STORIES OP SURVIVORS. WASHINGTON , Nov. 4. A largo con tingent of the passengcts 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 Injuicd , but who were able to proceed to their homes. Senator Platt and Representative Russell of Connecticut , Representative * resentative Walter Evans of New York , and several attaches of the committee Investi gating the use of alcohol in tbo arts , were among these on the train. Senator Platt and Mr. Russell bad narrow escapes. Mr. Russell said : "When tbo committee left Cincinnati all our party were In the Richmond sleeper nt tlio rear , being unable to get berths In the icRtilur Washington car. A short whllo be fore the accident wo had made arrangements for berths In the sleeoej In which Senator Platt and I were In when the wreck oc curred. Scnaloi Platt wo * In the Washing ton car and I joined him about fifteen min utes bcfmc 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. Wo recognise Immediately there had j been an accident , and neither of us being hurt , looked about for a means of escape. Wo succeeded lit opening one of the window ? , and I was getting out when a Pullman con ductor came along. Wo first assisted him out and hu helped me out and Senator Platt followed. The others sciamhled to get out from different parts of the car as best they could. I have been In a good many wrecks , but this was piobahl } the most dlsjstrouu I have evc'i seen. The train was an unusu ally long one und was made up of nine cars. We were not able to ascertain the cause , " Senator Platt wan rather noncommittal. Seiwtoi Evans sold the sudden stopping of the tialn ei'omed to him the shock of an earthquake. The engine left the track and ran Into u high embankment on ono side , whllo the cara becoming detached continued for nearlj 200 feet further. There were ten cars on the train and all but two were top pled ovet , uome of them on one side and some on the other side of the track. UICIVIHS : TIII ; ito\u WAS u\siru. l'"oriiirr New York Central Heel I oil HUMH lit tlifVreeU Iiiiiue > tt. > COLD SPUING , N Y. , Nov. 4. The second session of the corcner's Inquest Into the cause of the death of the tvvcnty-ono victims of the disaster on the New York Central lailroad near GurrUon on October 24 was held la the towu ball here last night. The most Important testimony , as tending F to show what caused the embankment to collapse and the train to ph nge Into the river , was given byMldhacl C are , a former section master. Ills testimony was corro borated to some extent by two' ' ormer 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 New York Central to take any part In the proceedings. After Michael Clnro had madV hla report as to the condition of the road when ho had charge 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 pressnce at the In quest was to assist in any way possible to elicit the full truth and not to shade the testimony In the slightest degree. Conductor Parish was examined as to the number of passengers on .tho train , and his answers showed that at least ono passenger , a Chinaman , Is still missing. John M. Touccy , manager of the New York Central , testified : "I rc-ichcd the wreck so.n after It occurred. T found the roadbed broken away for 100 feet on the down track ; the rails vvero In the water in a tangled con dition , the cars were In thn river and the engine was out of sight. There was nn oblong hole In the loaducd. On the land side the edge ot the hole was perpendicular , j and I &iw no Indication of a slide. " { Michael Clare , the former section boss , was celled and testified : "A new wall was built j last fall outsldo of the retaining wall for the purpose of widening the embankment , thus straightening the curve by throwing the tracks out toward the river. A portion of this fell about a year ago. It was not rebuilt - . built during my time. The now wall vv.s j built close to the old one and some of the , Htter was torn out to get stone for the new I ono. I had conslderablo trouble with the roadway. Some weeks the outer rails would sink be'ovv the surface line ' ' three or four Inches I have seen It go three months without settling , and again It would ( , only strnd for a week or two The embank ment hack 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 C ark. Harry Robblns and Anthony Toy of Highlands , who formerly worked as j section hands under Clare , testified that they had at that time heard Clare feay that It was the worst section ot track on ! the road , that more men c-hould bo assigned , to work on It. Too Inquest was adjournedito- November 12 ONI : HNGI.ISII riiinNii , OK CIIOKHK. Uillllliu T. S < eml TlilnUx tinHOSN IH .Not < ) Hull. ' LONDON , Nov. 4. An'Englishman who does not cherish a tola ] gloomy view of the result ot the recent election In Greater New York Is William T. Stead , tbo well l.nown newspaper man who recently figured In the public eye hci o as the sponsor of Richard Croker In a somewhat flattoiipg pen poitrait of that noted Tammany chle.Aala. Mr. Stead gave hlj views to a reportejfrl the Associated Prcsn today In original phias | such as char acterize his utterances. * - Mr. Croker , It appears , while conversing with Mr. Stead , predlctedhhat the Tammany majority would bo 100,000 votes , adding : "If I were to run for'mayor I should want all the newspapers against we. " Mr. Croker added , sas Mr. Stead : "If you Intend to write about me , please say that Tammany must give 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 and Croker and gives them a wonderful opportunity , though It does not wipe out the slate of the past. Nothing could erase the LCXO.V revelations , but many men who , struggling' to the front , bometlmes 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 bo vir tuous on a thousand a year. ' Tammany and Croker have got the thousand a jear. The election must glvo a great Impetus to Bry- aulsm. " About the election generally Mr. Stead was quite cheerful , saing : "The Chicago platform minus the nonsense about free sil ver If that Is what Tammany's \lctory means won't scare the English. To most of U9 In the old country plutocrats seem a much greater menace to the commonwealth than the oemocrats , even If they do swear by Croker and Tammany hall. The repub lican campaign fund staggered ua much more than the victory of Vaa Wyck , " KNGLVNI ) WIM * > OW GO IT AI.ONH. .No J.onner Dcileliilo oil Uiilteil .StntcH for Cubic Service. NEW YORK , Nov. 4. 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's dependence upon the United States for cable connection with the Went Indies. But for President Cleveland's Ven ezuelan war mcssago 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 hero realized the possibility , of a war with tbo United States and the consequent Isola tion of the West Indian colonies she set about the negotiations whtchj after a long fight with rival United States telegraph In terests , resulted In an Imperial subsidy of $40,000 j early for twenty > ears to the Brit ish Canadian capitalists whf own the Hali fax-Bermuda cable for Its extension from Bermuda to Jamaica , and ultimately to other leading West Indian isl nda and South Amer ica. The cable will bo'completed by the 1st of February. As showing the spirit of the nqw enterprise , It may bo said that of to- day's Issue of $300,000 In shares and $600,000 In 4 % debentures , more than two-thirds vvero subscribed privately before the Issue was offered to ( ho public. A similar Imperial undertaking , the Pacific cable project , Is still a subject of depart mental Inquiry. The 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 territory , ! ; , WYOMING AM ) TIIU EM'OSITIO.N. Governor Itlclinnlx Call * Attention to dm .NelirimKa hliovv. DBNER , Cole , Nov. 4. A special td the News from Cheyenne , W0. , sas : Governor Richards today sent a letter to each of the counties of the state calling attention to the coming TranamltsUslppl Exposition at Omuha , After refeienco to the character of the exposition ho recalls tboact that a bill providing for a state exhibit by Wyoming failed of passage in the last assembly , and ho therefore urges the counties to take the matter up and make arrangements for proper exhibits of their products and resources. MUNICIPAL COURT LAW VOID Supreme Oonrt Hands Down Two Opinions in Which All Justices Concur. ONLY ONE GROUND OF ATTACK NOTICED U In Declnreit ( lint to lie Vnllil tin lie r tin * Connlltutloii All CoimtlcN Should llll\i > llecii ( il eu ( lie Mime 1'ouer. LINCOLN , Nov. 4. ( Special , ) The su preme court todiy handed down a decision declaring the act establishing municipal courts In cities of the metropolitan class to be unconetltutlonal and void. There are two opinions written , ono by Commlsslonci Ragan , In which Mr. Irvine and all three of the justices concur ; the other by Justice Norval , and Is on the same line , except that It takes up additional grounds In arriving at the conclusion. This Is concurred In by the other judges. The 6llabus of the opin ion of Judge Norval li ° us follows : 1. Section 19 , article \l of the constitution requires that the Jurisdiction , poivers , pro ceedings ! nnd practice of the scver.U district courts shall bo uniform and bo ntso of the county com ts nnd of the Justices ot the pe ice. 2 The words "Jurisdiction" nnd "powers" In the eciise they urc emplocd In the said section 19 of the constitution embrace not only the pubject matter of the cause , but as well the territory within which a court m.iv act or send process for service , so Kmt the territorial jurisdiction of all courts of the simo grade or cla ° s must be uniform. 3. The constitution does not require that the territory within the limits of which the Jurisdiction of Justices of the peico Is re stricted shall be of uniform size , but that every such territory shall consist of like politic il divisions 'fan when counties are chosen as a Vnsls of terrltorl il jurisdiction no other political division can bo adopted In pirt , and when any political division other than tne counties Is made the criterion to bo uniform It must be , of all such divisions throughout the state. 4 It Is essential tint the tcrrl orlil Juils- dlctlon of the district and county courts , respective' } ' sha'l be uniform. 5 Section S , chapter x\v , of the laws of IS-IT , vlo'-Hes the constitutional rule of uni formity of jurisdiction nnd powers , as re- % girds the district , county and justice courts of the state. ONLY ONC GROUND NOTICED The opinion In opening states : The vallllty of chapter xxv , nn act creating a munlclpil court In each clly of the metropolitan clis * , Is assailed by the relatoi upon nine distinct grounds , of which ono alone will lie noticed , namely , nut t > ec- tlon S of said act contravenes section 1U , at tide vl , of thi > constitution of the st Ue , slnco hild section 8 In Its scope , purposes and effect , atterrpts to curtail or abridge the jurisdiction nnd povers of justices of the peace , county and district courts In each county In which a metropolitan city 19 lo cated. The syllabus of the opinion by Commis sioner Ragan is as followj ; IK Chapter 23 , session laws 1S97 , an aet establishing a municipal court In cities of the metropolitan class , violates section 19 , Article vl of the constitution and isvoid. . 2 The constitution classifies or grades nil courts which e\Ist or miy exist In the state and the legislature has no authority to altci such classification. 3 Within the limits of the constitution the legislature may enact laws defining the Juilfadlctlon and powers of all courts In the state , but such a law to be valid must bo uniform as to all couits of the same grade whereever situate. 4 The constitution prohibits the legis lature from vesting in tlio county courts or Justices of the peace of one county a jurisdiction , or power that Is not % ested 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 solo Inducement to Its enactment the whole law will be held \old. C A legislative act , valid and complete In Itself , which contains a provision repug nant to homo other existing law repeals such law by. Implication. VL onjucr OK Tim i. iw. IloxlKiieil < o Do Awny "Ith JiiHtlcc CourlH In Ilie Clt > . The purpose of the municipal court bill , as set forth by Its friends , wcs to do away with the justice courts against which a great many complaints bad arisen during the last few years. The court was to bo composed of three judges , no two of whom should beef of the same political party. It was 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 vvaa introduced a bill to abolish the office of justice of the peace , but the lat ter bill wcs lost In committee. The measure as passed applied only to Omahi. When the hill became a law Governor Hoi- comb appointed George A. Magney , a silver populist ; Harry E. Burnam , a silver repub lican , and John D. Ware , a silver democrat , as judges of the court. They In turn ap pointed Fred II. Cosgrovo aa clerk of the court. After the court had organized for business some doubt arose In the minds of many of the nttornejs of the city us to the constitu tionality of the act and a friendly suit was Instituted to test It , that litigation might not bo delayed or nullified by nome future action. The decision by the supreme court was upon this fiiilt , ftAsuviMjirs JIM ; .SHOW I > AYS OUT. I'roiierly nnil ITm-olleeleil ANNI * < N More - Til IIII OfTHft IlKlcllll'lllU-HH. NASHVILLE. Tcan. , Nov. 4. At a meetIng - Ing of the executive committee of the Ten nessee Centcnlal exposition hero this after noon , Auditor Frank Goodman filed hln re port , showing that the total Indebtedness of the exposition Is now only J30,000. The property of the exposition company Is valued at far moro than thin sum , and there are un- collectej assets amounting to $39,000 , The total attendance officially reported was 1,082,305. MISMMMU HAS A hTIMDV HUN. Five MontliM' Drouth IH IlroUen In Almi ) .Niirlhrrii roiintleH. MILAN , Mo. , Nov. 4. ( Special Telegram ) A eteady rain began hero about 7 o'clock tonight , the first of any contequenco In five months. It IH causing general rejoicing. Wells and ponds had almost gone dry and tlio 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 , Want the Ami ) InureiiNeil. NEW YORK , Nov. 4.-At a regular monthly "meeting " of the Chamber of Com merce today a resolution mas adopted tniir- goatlng to the government the advisability of Increasing the army by about 4,000 artil lerymen so that the modern Beacoast de fenses now In construction may bo prop erly manned , - , ' . , , ' t THE BEE BULLETIN. rorrcnul for Nebraska r'nlr , Warmer , Northerly WlnJ > 1. Competitor Cnm > * to Ilo Tried Soon. I'our Killed In 11 Wreck. Oumlm's Mmilrlpnl Court Knocked Out. Oniclnl Count In Ohio to Drrlilo. 2. Going Through tlio Inillnn Urroril * . Outlook for Agriculture In Alntkit , 3. Dontry Cmn Mtlll Drag * Along. Ton ThiMnnml for 1'mlon In NebniiiUn. 4. Eilltnrlnl nml Comment , 0. Untiles for 1) ) . V , Purttlmao Money. Chlcn'tfn When ! 1'lt In u I'lurry. South Dnkota Wnrntntft More Vntuihlo. 0. Council ItlulT * l.ool .MiUtflr * . Itoturn * from the lawn Election. 7. New York nnil CliUncu llorio Slums. 8. .luilnon llnrinon on llcvilt In Ohio. tlmlRn ( lorilon Wuuls u Nmv .lull. I ) . Mile * ' I'lnn to 1'rotcrt Trcmnrlen. ItnllnmiU nnil Siifrt ) Ai > | illiincu I.HVT . Children mill the Oiimlit KtpoRltlon. Yiilurr Gets No Clirnn Teh-phone. 10. IJully Itoiitlno on n U'ur Ship. 11. Coiuinerelnl nnil riimnclnl XIHVH. IS. ( lypile * In thn Wltitnr. Hwlmllcrn Who Tnckle Undo Sum. nt Oinaliui Hour. Dru. Hour. Hi'HT. H 11. in. . . . . . no j ii. in -it ( i n. 111 ii a i > . in n 7 n. in ti ; t | i. in 1:1 : H ii. in : in -i ii. in in < > a. in in r. u. in 11 10 ll. in II ( I Jl. Ill II 11 n. in II ! 7t , ill It la in 1:1 : < 4 | i. 111 : m It ll. Ill U7 CtWUKNCV ISOV GOING SOl'TIt. N MV OrleniiN Gradually Heeoerlnc from Its riniiiiolnl stnitilHtltl. NEW YORK , Nov. ) . The Commercial Advertiser eas Gratlflug advices that Now Orleins Is ftoolng Itself slowly but jburcly from tlio difficulties ami embarrassments - ments duo to tlio prevalence of } ollow fever are found In tlio transfei of currency from tlio Biibtrcasuiy In this city to NcOrlems direct. On Monday $1 OOO.UOO was forwarded , and jcsterday a similar ninount was sent , Kold being deposited therefor. Now that Now Orleans Is recovering somewhat , It Is probable that remittances of currency will bo made dltcct during thta month , acid prob- iably up to December 15 That St. Louis banks have profited considerably b } tlio mis fortunes of New Orleans Is e\ldent. Ono million , fl\o hundred thousand dollars In cuucncy was sent to St Louis last week , ant ] moro Is to be nndc until the usual fall ing off which h obscnnblo aboJt the middle of No\embei. It Is believed by some persons that St. I/cuIs bankers will bold. If not increase , their cotton bill business , and that New Orleans will not he able to wreat from them c\en a fair volume of that business , which by no fault of her own New Orleans re linquished It should bo remembered , however - over , that Alabama , Louisiana , Mississippi and Texas draw largely from New Orleans , and experts who ha\e Riven some attention to the claims of the two cities believe that the bulk of the future business In cotton bills will not , after all , KO to St. Louis * . , - At the subtreasury It was said that the amount of currency asked for to bo "jscd In the cotton belt Is not as largo as last year. ICVNSVS CiKOCKIlJ ) IN A I1\I > Pl\ . Their WIiolewnlei-N' AKNorlatloii IH SlMMtii Up UN ii TrilHl. CHANUTG , Kan , Nov. 4 A judicial In quiry begun hera In the district court tinder the Parrclly anti-trust Hw resulted today In placing the Kansas Wholesale Grocers' association In an embanasslng position. Its oircors ha\e maintained all along that the association , was in no souse a trust. The feature of Inquiry was In the bringing Into court of nearly a score of traveling salss- mcn , who were examined Individually as to the character of the association. Nearly all denied the existence of a trust , but upon theli being compelled to submit their c-irc- spondencc to the court It was clearly demon strated that the association fixed prices for the sale of sugar , tobacco , soaps , yeast , lyi > and other staples , and when close ! } ques tioned sc\eral of the witnesses admitted that the cutting of these prices would mean the loss of their positions. Assistant Attorney General Snclllng con ducted the Inquiry , and attorneys who vvcre present on behalf of the association were not permitted to question the witnesses. As a result of the reflations Attorney Gcneial Uojlo will proceed against the offlccrs of the Kansas Wholesale Grocers' association by means of Injunction for dissolution of the so-called trust. W. N. Todd of Lea\enwortU Is president of the association. This proceed ing Is but the first of a number planned by the populist state administration against associations operating In Kansas. rooo roil TIM : .STYHVING AIIMJIIS. War Ileitnrdiient IHxUfil to A III In rorttiirdliiK SuiipllfN. PORTLAND , Ore. , Nov. D President Mason of the Chamber of Commerce sent the following tclegrim to Secretary Algar at Washington- Starvation nnil death confiont the un fortunate on the Yukon through the failure of the trading companies to get supplies Into the Interior before thq close of mivlgu- tlon on the Yukon. The Chamber of Com merce of Portland him undertaken to re- llcvo the distress before the Ice fettern of the Yukon icle.iHO the supply HtcumeiH and for that purpose Itlll donate provisions and mippllcs. The Chamber of Commeieo nHks the co-opeiatlon of the War depart ment In transporting this relief from the city of Portland to lliu most accessible point on the Alaskan coast , u hence the relief expedition may carry It to the im prisoned gold tnlnerH Out duty to Buffering humanity demands the tuicrllltu that maybe bo necessary to accomplish this end , Will you co-oper.ito with u.s In this undertaking ? i\UTIKirAICH .SHOCK IN IIHO. . CriiNt of tlu > GlolM ! Iluillj Afli'ulfil vvIMi Tremorx. SALT LAKE. Utah , Nov. 4. A ( .peelal to the Tribune from Pocatcllo Idaho , nays' A severe shock of earthquake at 2 30 this morning was felt the entire distance from Silver Dow to Monlda , Mont. , and at 7 o'clock a second shock was perceptible , but not BO boverc. At Divide , Hod Hock , Lima and Monlda windows rattled , dteucs fell to the floor , flower pots were thrown from theli staiulH , lamp clilinnejs and other glassware suffered debtructlon , clocks htoppcd and buildings were made to sway and crack. At Dillon especially van the first Hhock Hcvcre. The court house walls were cracked and the plauter fell from the celling. SIlOllfH IlllllMcir l7l 7lllIIPIIll. . POUTLAND , Ore. , Nov. 4.-Wllllam J. Lehlgh , manager of the Mori-bantu' Ex change UHBoclatlon , committed xulcldo thla morning on the floor of the exchange by shooting himself In the head. It la mated that business reverses cauneil him to take Ills life. Kor many yuaia I/vhlgh aa cm- ployed as an operator by the Western Union Telegraph company uturlous points on Uw pacific coast , ' ' CLOSE VOTE IN OHIO Official Canvass in Progress Throughout Iho Euckoyo State. BOTH PARTIES WATCHING IT CLOSELY Pluralities on Legislative Ticket Very Email in Bomo Counties. ALL CENTERS ARCUND FIGHT ON HANNA Republicans Still Claim Mojonty of Five on Joint Ballot. DEMOCRATS STILL KEEP COURAGE UP Iiiiteil lorn lintlciilf Thiit tlii > Con- Will lit > rurrlfil Into tlio. N ItrpulillfiiiiN llm e lilt * Ailti COLUMI1US , 0 , Nov. 4. Many talk about o crisis In Ohio. Some blleve that < i crUs ! Is Impending The talk about a combine In the legislature nglinst Senator Ilannn has subsided , pending the interest in the official counting of the vote In close counties. As the odlcl.il canvass of the vote In the eight-eight conntlra proceeded today the re- ( Hibllcaa plurality on the , slate ticket In creased , and on the legislative ticket It ap pealed to ho getting toward a very close shave. Whllo the icyuu.lcan plurality on the state ticket exceeds 28,000 , the vote on the legislative ticket is . ' .linost as close as It could be. Per this reason there Is still un usual < iii\Ioj ( ol the respective state head quarters of both lartlcs. The republic ins still c'altn tint tlio legis lature stands he\ent.\-n\o icpubllcans to sovcntj democrats on Joint ballot for sena- tci , and that their candidates for icprcsenta- tlves la three of the c'oso ' counties have been elected by the following pluralities : Delaware county , 29 , Wood county , 2S ; Noble county , So ; u total of 112 nn the pluralities of these three counties A change of seventy- two votes , prefer ) } distributed In these three counties , would theieforo have turned the icsult In the legislature by giving these tineo representatives to the democrats. Then the legislature would have stood seventy-two republicans , ind sovcnty-threo democrat on joint ballot for senator. When It Is lemembewd tlat the total vote of Ohio list jojr was over ono million and is almost ono million this joar , It Is readily seen ( hit tcvcnty-ono Is such a small lercentaRo that It cannot bo clearly ex pressed In figures or fiactlons or language. And this Is what makes ( he democratic state committee cont'auo ' to o'alm the legis lature and the republican State committee to be KG closely on guanl In watching the counting In the clcso counties The official" count of Delaware county Is In , but with protests and notice's of contest from the democrats , and the &amo Is true of Koblo count } . The oIDcIal count of Wood county will not bo completed till Saturday , although they expect to get through I onion on. DEMOCRATS TUOTEST. In Wood county todn > the democrats pro tested against counting the vote of a pre cinct , wheio 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 pluiallty of live Instead of the republican candidate by twenty-eight. The vote of the precinct wcs counted and 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 vvero finally tin own out because they were not properly marked. This was a republican loss. SJvcry point Is being contested In the official count of the close counties. Chairman Nash snjH tonight that the re publicans have a safe majority of live on joint ballot In the legislature. Ho admits that the pluralities are small In some coun ties , but claims they uro safe. He lias no doubt of the rcault In any of 'ho counties which ho claims except possibly Wood county , and In the event of the ! os > of that repre&entatlvo he su > s the legislature would still stand 71 republicans to 71 democia'R and have a majority of throe on ln'nt ' ballot for senator. Chaiiman Nnnh slid 'ho teturns from the Thirteenth dlstilct bhowcJ ( but the republican had a plurality or Ii. ! , BO that there is no longer any of ho state tonalora In doubt and the senate will sUnd 11 dem ocrats to 17 republicans. At republican i.tnte headquarters Summit county IH not consid ered so doubtful as heretofore anil Its two representatives are being coiice-dcd to the democrats. This would muke tliu 1 au&c CS republicans and HI democrats , MAKHS NO CONCESSION. Chairman McConvllle does not admit that the republicans have carried the Thirteenth district for thclt candldlte foi state traator , and he still claims the rcproHc'iiUtlvos from Noble , Delaware , Wood , Miiukltigum and other counties claimed by the republicans. Ho also expccta the official count to give the democrats two o ( the twelve memhera of the legislature from Ciiahoga county. In all these counties and In others ho HJJH there will bo contests foi tlio KMts In the event of the certificate ! ) of election > bo'ng given to Iho republicans Chairman McConvlllo charges fund In the close counties and In home republican coun ties. Ho bajs nearly all the close counties have gone republican lifietofore and tbo republicans still have the machinery In those counties * . Ho says the rt til run have been held back and It looks suspicious. Other countlco have completed their counting , whllo the doubtful counties are still at II. Ho sa } Iho nun It was known definitely la Cincinnati jeaterdny morning and ho cannot get definite U'sultn evui tonight from Cleve land , where ho expects the vote to bo very close on two or throe membrri ) of the leg islature. Chairman McConvlllo will remain hero on duty until the official count of all the counties Is completed , WIM.I GO TO Till : COUHT3. IxUo tonight It became known that the couits would bo resorted to for the purpose of preventing boards of election from Issuing certificates to the republican candidates In certain counties , The eases will ho brought In the lower courts and thence taken to the supreme court as soon as possible. The re publican state committee already has lawyer * preparing cases of contest , The republicans get throe representatives on the face of the returns from Delaware , Noble and Wood counties , whoso ( iluralltlei aggregate only Hi , and a change of seventy- two votes would have given the democrati control of the legislature , The
