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
