THE OMAHA DAILY BEE.
ESTABLISHED JUKE 1 , 1S71 , OMAHA , F1UDAY 3 , KOYE UJER 19 , 1897 TWELVE PAGES. SINGLE COPY FIVE CENT.
PORTE BACKS DOWN
Announces Its Beadiness to Make a
Satisfactory Settlement.
ALL OF AUSTRIA'S DEMANDS TO BE MET
Indemnity to Bo Paid for Insalt to the
Consul at Mersina.
SALUTE THE FLAG OF FRANCIS JOSEPH
Agree to Pay the Olaim for Transporting
Turkish Troops ,
CAN ACT P30MPHY WHEN NECESSARY
CncrRctla Mcnuureii Adopted by
Auntrlii Induce the Sultnn fur
Once to Almmlon llln U ual
. J 1'ollcjof Uelny.
CONSTANTINOPLE. Nov. 18. It wa * not
nntll after midnight last night that the Aus
trian ambassador here , Baron de Callce , re
ceived a note from the Turkish government
announcing a readiness to make a sitlfl-
factory settlcmcat of all the Austrian de
mands regarding the maltreatment of Hcrr
Erazzafello , the agent of the Austrian-Lloyd
Steamship company at Merslna , respecting
the Int-ults offered to the Austrian consul at
that place and on the subject of the arrears
due the Oriental Railroad company , which
la operated by Austrian : , for tranaportatlng
Turkish troops during the recent war be-
tRcen Turkey and Greece. Consequently an
Indemnity will be paid Herr Brazzafello , the
Austrian lisp will be saluted by a Turkish
fort or war thlp , end the sum of 2507000
( H.250.000) ) will be paid the Oriental Rail
road comrany.
The Turkish note to Austria la con
ciliatory < ind tajs strrcs upon the friendly
relations existing between the sultan of Tur
key and Emperor Francis Joseph of Austria.
It Is now tuld that the arrears due the
Oriental Railroad compcoy amount to $1,600 ,
000 , Instead of Jl.250.000.
SNA It HI ! IIV A.V
Story of the Plot AKiilnxt Ire > fux IH
Made I'ulillc.
PARIS , Nov. IS. The allegation that
Alfred Dreyfus , former captain of French
artillery , was falsely accused and convicted
by a court-martial of selling French military
plans to the agents of a foreign government ,
continues to be widely discussed In Paris
and throughout France. From a person who
Is the councils of the family , the cr-
rcepondont of the Associated Press here
learned that the presentation of the prison
er's case to the French government , which
caused the present agitation , reveals a
thrilling romance with the gang of eo-called
"Journalists" and stock Jobbers who beset
the late Max Lebaudy , the millionaire con-
icrlpt. it is asserted -the documents
Dreyfus was charged with eell-
Ing to Germany were never really
eold to the -agents of that country , but were
prepared In imhatlon of Dreyfus' handwrit
ing , to blackmail him , his wife being a
wealthy woman and he himself being In
good circumstances. The plot. It would
further seem , was conceived In 1893 , when
the wave of Jewbaltlng swept over Europe.
Dreyfus Is of Hebrew extraction and these
Jackals of Parisian society , casting about fcr
funds , determined to "bleed this wealthy
Jew. " A beautiful adventuress , whose house
nvas the resort of a number of French
officers and foreign diplomats , is said to have
acted as the go-between In these ehidy
transactions.
By Invitation Dreyfus was a frequent vis
itor to her bouse. In due course of time the
plan for the mobilization of the French army ,
which bad been drawn up in a handwriting
which cleverly imitated that of Dreyfus , was
produced and money was demanded for its
surrender. Drejfus , it Is said , refused to pay
the sum demanded , knowing that the pur
chase of the document would be an admlo-
elon of his guilt and would furnish ground
tor future extortion , and being aware that the
fact that ho bad been intimate with the
woman , who herself was a party to the plot ,
would be considered pirt of the strongest
evidence of his guilt.
Continuing , the friend of the Dreyfus fam
ily explains that the newspapers whose at
taches were concerned in the plot have ccn-
etantly maintained a warfare against Dreyfus ,
even up to the present time , and that In con
sequence the prisoner's wife and family arc
obliged to keep secluded. Attempts have
constantly been made , it Is alleged , to extort
admissions from them to be used against
Dreyfus , and It is ulso said that advances
bavo been made to Mme. Dreyfus , wife of
the prisoner. In behalf of the anti-Dreyfus
press , offering to cease all opposition to bis
release "for a consideration. "
Finally It Is esld that the plan for the
mobilization of the -French army , which
Dreyfus U sali to have sold to the agents oi
a foreign government , wag a comparatively
unimportant document , the-features of which
were In the pojssrsion of all foreign govern
ments end wao easily fabricated by experts.
A forrral contradiction has teen given offi
cially to the Btcry put in circulation by Le
Solr as to the alleged Interview today be-
tnecnM. . Faure and M. Scheurer-Kestner.
LONDON , Nov. IS. A dirpatch from Parla
to the Daily .Mail ssya that friends of Drey
fus assert that Count Waiting Eitherhazy
, -Ras assisted In this treason -by an Alsatian
eergeant-major , who Is now ID Ataace and
has made a full confession.
\nnndi'M Xext Trip .Vorlli.
CHRISTIANA , Nor. IS. HJalmar Joban-
ceefen , the Norwegian army officer who was
with Dr. Frldjof Nansen In the latter's re
cent arctic expedition referring to the plans
( or the doctor's next trip north says ar
rangements have already been made for a
cojourn hut on Franz Josef land. The
Frara , Ntnsen's ehlp , will be accompanied
by a law vessel called the Starkodder. There
will be many more dogs and more scientific
tncn and one of the chips will advance
through the Ice until Icebound. From there
sledge expeditions will start north. The other
chip will keep on the Ice border , miking
scientific Investigations on the ice , In the
water and at the bottom of the sri.
I'oKuril n llurnlui ; Slilu.
LONDON , Nor , IS. The British steamer
Indralem. which arrived at Qreenock No
vember IT , from Norfolk end Newport News
vta Belfast , reports October IS , In latitude
IS , longitude 0 , a ship wut seen on fire. It
was apparent ! ; rbaut 1.400 tons burden and
built of Iron. As far as could be seen from
the Indralem's deck there was not a sign of
jlfe on "deck , and the boats were gone. It *
| d etlty could sot bo made out.
TIIIKS TO CXCTSn HIS CO.MJl'CT.
Confrnolnn of tlie t.ntr Inipeelur itf
Police In Mexleo.
CITY OF MEXICO , Nov. IS. A profound
sensation was made tn the course of the
trial of the police' officials charged with the
murder of Arroyo , by the production of the
confession of the late Inspector General of
Police Velasquez. It is a most remarkable
attempt at self-Justification and falpcly states
that a mob of the common people lynched
Arroyo. Velasquez said tn part :
"I entertain most enthusiastic admiration
for General Diaz. I have known him since
Infancy when my parents taught me to lo\c
and respect him. I saw him at Guadeloupe
during the elcge of Mexico and since then I
hive entertained absolute Idolltry for the
man who rules our country. Only two fam
ilies remained at Ouadaloupc during the
siege. One was that of Don Susano Mon-
tanfe end the other was ourselves. When I
reached my majority 1 resolved to serve
General Diaz with loyalty , though In Inferior
posts. While I was still young and with a
salary of only $50 a month , I had charge of
the private correspondence of Don Manuel
Dublan. Afterward I was electc * a deputy
and still later the president sent me to oc
cupy the chief position of authority In my j
native village at a time of a religious movement - !
ment without parallel In the history of our
country , a movement Involving serious em
barrassment to the government and to all ;
UB representatives , and everyone knows with i
what skill I acquitted myself In that dim-
cult position , as a flcnd , as a partisan , and
as a Mexican. "
Velasquez then went on to say that no
direct orders for Arroyo's killing were given
but that the populace , already strongly
wrought up by the assault upon the presi
dent , were urged by suggestions to commit
the deed. Said he : "I maintain that I have
dne service to my country in proving that
an attack on the president will be followed
by swift and terrible vengeance from the
populace , for nothing but the smallest hint
Is needed to arm hundreds of the populace
and lett loose their fury on criminals. U
I have committed fault It is the reuult o :
my enthusiastic admiration and love for the
president of the republic , and I am _ not
able to measure the magnitude of that fault ,
for , with fourteen to sixteen hours a day
devoted to efforts to create efficient police
and protect -the life of him wih whom the
peace of Mexico is bound up , it may well
have happened that the functions cf the
heart have acquired a preponderance of the
brain , and that In reality I have committed j
a grave error. I thought I was doing right |
In organizing a papular manifestation to
avenge an attack on the president and < hus
give birth in the people to a profound con
viction that punishment for such an act
would come swiftly In the frm of lynching ,
o" whatever It may be styled. " .
He then went on < to show -that others besides - ]
sides himself thought summary Justice
should be dealt to Arrojo.
This confession , in the light of evidence ,
is seen to be full of mlsstatements and in
no case would It have prevented Velasquez's
prosecution , for the government was deter
mined to punish the crime.
Ths prosecuting attorney this afternoon in
a strong argument pleaded fo.- the execution
of a death sentence on all the prisoners ex
cept ex-Assstant ! Chief of Detectives Cabrera
and one other minor prisoner who were not
directly implicated In the tragedy. The case
Is likely to be concluded Sunday or Monday.
CXTEHMIXATC THE KItUNCII FOKCC.
One Hundred Men Cut Down by Chief
Sninory.
CAPE COAST CASTLE , Nov. IS The gov
ernor of the Gold Coast colony reports there
has cot been any collision whatever between
the Brlt'sb colonial forces and Chief Samory
up to the present. An eyewitness of the
fight between the followers of Chief Samory
and the French force ca August 20 last says
it occurred near Bonta. The French force ,
numbering about 100 men , was cut to pieces.
Another account of the affair says the Freccb
officers were invited to a palaver and Felzed
by the Sofas , who captured the rifles , stores ,
reserve ammunition and eight horses belotig-
! ag to the expedition.
oniiMAX occri'.v.vcv OK KIAO-CIIAU ,
Ch I lie-He OlIlelnlH Snlil to litKittle Con-
MTII M ! OVIT Mtirnllon.
LONDON , Nov. IS. According to a special
dispatch from Shanghai Admiral von DlcJe-
rlch , commander of the German cruiser
Division , before landing marlces at Kiao-
Chau on 'Monday ' morning notified the
British , French and Russian admirals of his I I
Intention , and It Is eaid that the Russian j I
Admiral expresioJ approval. The Chinese I
do not appear to be much distressed over
the matter , declaring that Russia , Germany
and France are preparing to attack Japan
and will use Klao-CCiau as a naval base.
Siild to lie n llonv.
( Copyrlsht. . by Prew I'uUU'.ilne Company )
LONDON , 'Nov. IS. ( New York World
Cablegram Special Telegram. ) Detective i
Inspector Freest , wdo has 'been Inquiring' '
Into the etory of the alleged detention of an
American named Clay In a doctor's house
on Hurley street , London , Is satisfied that the
letter conveyed to the American embassy Is
a hoax. There Is no private lunatic asylum
In Harlcy street , which is Inhabited by the
elite of the London medical profession. The
name of the American , -who bis been msslng !
for the lest year , is Henry S. Clay , whereas
the letter brought to the embassy was signed
Henry E. Clay.
\o HrTort to ; nivenver Murderer * .
BERLIN , Nov. IS. Bishop Anser. vicar o'
the German Catholic mUstons In China , has
received a dispatch from South Shan Tun ,
saying that tbo murder of theRhcalsh mis
sionaries. Nles and Vennle , was committed
In the village of Chang Klo Cbuang. The
Christians defended themselves , wounding
some of their assailants. Nothing was done
by the mandarins to discover the murderers.
IiirlliiiiuUfii Olxtnrh Auntrln ,
PRAGUE , Nov. IS. There were several
rarthqu-.ke shocks on Tuesday night at Ascb ,
Falkonau and CVarUbad , and on Wednesday
morning there were violent subterraneous
disturbances , acoKfxinled by deep rumblings
and a rocking movement of the ground lu
several places of upper Vogtland , Saxony.
Sfenmer .Marlliiir A liore.
LONDON. Nov. IS. The Britlth steamer
Maritime , Captain Hughes , Gelvrston , Octo
ber 3 , for Bermen , is othore at Egmond-
Aan-Zee ( on the North sea ) . AstUtuico his
been tent. Parltlme is reported piling
Prawl point November IB.
Euiperor'M MKiilflcntilVnrulnir. .
BERLIN. Nov. IS. The ccremcny of
swearing' In the guards recruits took place
here today. They were warned by the em
peror that they might be cilled" upon to fight
an enemy within the empire.
Grrninil Troop * to l.ruvp Crelr.
CANEA , Nov. IS. The Kalierln Augusta.
It Is announced , wii : arrive here tomorrow
and embark the German detachment of the
international troops which have Uoo on
duty her * ilcce Mtrch lut , j
ifflBttefetjS r _ a4r . jj4j' tLA/.LlBili&l t
tfi m ' tj ti h .if v & \ / * ifb WflK'
PARDONED BY THE QUEEN
Royal Favor Through Which the Compet
itor Prisoners Are Released.
PUT IN CHARGE OF CONSUL GENERAL LEE
Kucnptnc- One Dentil Sentence , nnd
I'll dim Another the Flllhui-
tern Are Liberated ! > } Uv-
ccutltu Clemency.
WASHINGTON , Nov. IS. Minister Wood ,
ford has telegraphed the State department
that the Spanish Cabinet has notified trim
that the queen his pardoned the Competitor
prisoners.
The State department DOW announces that
the Competitor prisoners were turned over
to Consul General Lee last Monday and
will be sent by him direct to New York
todiy.
It Is not doubted here thit the prisoners
are liberated on some such conditions ca
were Imposed In the case of firmer prison
ers , that Is that they will not return to
Cuba.
After their bitter experience In the Cuban
Jails It Is not believed here that the men
will be disposed to violate any understandIng - '
Ing of this kind to which they may be
parties. U is singular that the men should
have been for four days In the custody of
General Lee without the fact becoming gen
erally known , but It Is supposed that se
crecy was observed In crder to Insure de
parture from Havana without exciting trou
ble from the extreme Spanish faction.
FOUR OF THE PRISONERS.
There are four prisoners Alfredo La-
borde , the captain o ! the Competitor , a na >
tlve of New Orleans ; William Glldca. the
mate , a naturalized citizen ; Ona Melton ,
who claims Kansas as his native state ana .
who went on the Competitor In the capacity
cf a newspaper correspondent ; Charles Bar-
net : , of British birth , ibut who claimed the
protection of the UnHed States government
by virtue of hU sailing on an American
vessel.
The conditions under which the Compet
itor was oiptured April 27 , 1S96 , off the
Cuban coast while engaged in landing arms
for the Insurgents , have been often de
scribed. The defense of the men was that
they were forced into the expedition
ag-olnst their will by the Insurgent party
en board. They were tried by a naval
court-martial , before which they could make
only a poor showing , principally because of
their Ignorance of the Spanish language In
which the proceedings were conducted , so
that their conviction and "the imposition or
the ! death sentence was not a matter of sur
prise. At that pJlnt , however , the case
assumed diplomatic Importance.
THIS GOVERNMENT PROTESTS.
Our government , through Its consul gen
eral at Havana , then Ramon Williams , and
a'eo through Minister Taylor at Madrid , In
terposed an eaprcetlc orotpst acalnst the
execution of the sentence , claimiig that the
men were improperly tried without the
guarantees h'eli out In the famous Cushlng
protocol. This protest caused the removal
of the cass to the higher judicial authorities
at Madrid , by whom a new trial was ordered.
The Spanish government , however , did not
and has not yet conceded that the Cusalag
protocol aplied to such cses. To edmit
that would , in the opinion of the Spanish
authorities , greatly stimulate the fitting out
of filibustering parties in the United States.
A new trial had be&n ordered by the Madrid
supreme court on the ground of Irregularities
to the original trial , and not by any conces-
ion of the unsoundnesa of the objections.
It was to be given lest Monday , and it U
thought would have resulted In the imposi
tion of the death sentence. This would have
provoked an explosion in this country that
would have been hardly less thin the feelIng -
Ing caured by the famous Virglnlum episode.
So it Is a matter of satisfaction that the
Spanish queen hze cut the dlplomitlc tangle
by the pardon of the men before the second
trial.
MAY REVOKE TOBACCO DECREE.
Sencr Dupuy de Lome , the Spanish minis
ter , had a losg conference with Assistant
Secretary Day this morning , and It Is be
lieved the Spanish government Is about to
remove another troublesome factor from the
field of negotiations In revoking the decree
made by Weyler prohibiting the exportation
of tobacco from Cuba. This prohibition has
worked a. hardship on large < Amerlcan clgar-
maklsg1 Interests , and up to this time all ef
forts of tbe State department to secure on
amelioration of the harsh condition of the
decree have been unavailing.
Tbe reason tet up by General Weyler for
the order was the necessity of keeping in
Havana the supply of tobacco necesiury to
run tbe domestic cigar factories and thus ,
I by giving employment to workmen , keep
! them from drifting away Into the Insurgents'
ranks. It was a matter of common report ,
however , that another potent roison was a
desire to cripple the Cuban clgarmakers In
the United States , from whom tbe Insurgents
drew fund : .
It now teems probable ( bat the decree will
scon bo vacated. Tbe reports that come to
Washington areto the effect that the new-
crop of tobacco , which will be rlpo In Feb
ruary next , is o ! excellent quality , and
amounts to four-fifths of an average crop ,
ruyers for foreign consumers are already in
tbo field looking over tbe plantations , and It
U expected that to facilitate sales tie revoca
tion cf tbe decree of prohibition will soon be
mudo.
HAVANA , Nov. 18. In pursuance of cabled
! Instructions from Spain received yesterday
, Captain General Blanco toJay released from
; Cabanas fortress Alfred Laborde , Charles
Barnett , Ona Melton and William Glldca ,
members of tbe crew of the American
schooner Competitor , arrested In April , 1S96 ,
by tbe Spanish gunboat Mesagra , on a charge
of filibustering. They were delivered to the
American and , British consuls and have taken
patsage on the eteamer Saratoga of the Ward
line for New York.
uin < iir.s CHIIK OF STATK.
lllnucuVniitH Him to Explain III *
Cntlle Trnukiirlloiii.
HAVANA , ( Via Key West , Fla. ) , Nov. ! .
Marshal Blanco but requested the military
authorities at Madrid to send Colonel Escri-
bano. former chief of staff of General Weyler ,
back to Cuba to account for hli actions In
tbe matter of cattle supplies.
General Qulntln Bauderai , whom General
Gomez list September ordered to be court-
mirtUled ( or disobedience to a special In-
s'rurtlon as to military procedure , has been
amtited l > y order of the Cuban comminder-
In-chief on a charge of Immorality.
General Carlllo has reached tbe camp of
General Gomez with 4.000 cartridges from > ? ie
expedition that recently landed near Clen-
fuegcs.
Reports from Pinar del Rio sty that an
wp.Mltiea bis Iiale4 it Lw Foscu , oo tbe
north coast. On Monday- night the Insur
gents fired on the forte ot cknatro Camtnos
on the outskirts of Havana , iiut without dis
astrous result. They attacked the town of
San Juan , province of Sicl * Clara , as al-
rcsdy cabled , and succeeded In burning a
few houses and sacking two stores at the
rear of the town. They butned two railway
culverts to cut off rjlnfprrcmpnts , but were
finally repulsed , leaihnp eight killed. The
Insurgents have burned a large portion of
the cane fields on the Fdrtugaleto plantation ,
this province , the property of Sc'nor Manuel
Calvo.
General Bcrnal having1 left Colona with a
large force , a cquad of- thirty men belong
ing to the San Qulntln battalion , who struck
off from the main bed ) ' to explore the line
of march , was fallen upon and machetcd by
the insurgents.
According to reports from Jaruco , twenty-
five to thirty reccnccntrados die there dally
from famine. The whole garrison Is sick
at Manzanlllo. Colonel Escarlo , who es
corted provision wagons to Guamana , found
the garrison there suffering severely of fever
and lack of food. One officer and twenty
soldiers had died of starvation.
The only persons who have gone to the
American consulate to contribute to the fund
for the relief of the reconccntrados are
Senores Mllla Perer and -Vluda de Puncs ,
who contributed $9 In paper currency and
$25.50 In silver. All others apply to the con
sulate for money.
WUV1.UH AHIUVES t'XKYPnCTEDLY.
Strainer Ilcnchm I'tirt n Day Alionil ot
Schedule ( Time.
CORUNXA. Spain. Nov. IS. The Spanish
Gicamer Montsserrat , which left Havana en
Sunday , October 31 , with 'General Weyler , the
former captain general jbf Cuba , on board ,
and which subsequently touched at Glbara
and at Porto Rico , arrived here unexpectedly
today. It was not dus to arrive here accord
ing to the announcements until Friday even-
Ing. The newspaper campaign for and
aguinst a popular demonstration In honor of
General Weyler Is to" fierce that the editor
of the anrl-Weyler paper , Li Voz de Gallcla ,
has challenged the""e3ltor of the Weyler or
gan. El Nord-Quest , to fight a duel.
As previously cabled , the moderate repub
licans and Carllsts are In favor of the demon
stration , while the republicans , liberals and
soclalicts are opposed to it and are organiz
ing for a counter-demonstration.
As soon as possible aft r the Montserrat
was signaled crowds of- people packed the
harbor from all parts of thclty , and a flee'
of boats , filled wlth adnyrers of General
Weyler , "started to 'meetvthe. steamer and
escort It to the quay. f
Every craft of every description that the
port afforded was cblrterod to convey in
dividuals , societies and clubs to the Mont
serrat. A number of deputations went on
beard the Vessel.
The commandant of Corunna had a brief
Interview with "General Weyler , simply con
veying to him the desire tot the queen regent
and the government to 'receive him as
speedily as possible atMsdrld. _
General Weyler did not * go on shore. He
bis decided to remain on , the Montserrat
until it reaches Barce\pnai \ for which portU
will sail direct at C o'clock tomorrow morn
ing. Thus far there'tas been no disturbance
of any kind whatever.
ALTOX03IISTS AUU LOM.VGFAITH. .
\o SI n Vet of the I'roiulxed .Hi-form *
in Cuba.
NEW YORK , Nov. IS. A dispatch to the
Herald from Havana e&ys : There is no sign
of the full text of the promised reforms and
In consequence the hcpes of tbe most op-
ttmlstls autonomists ure1 dwindling. The
fault lies not with General BlancoT There Is
every reason to believe that his promises on
arrival were made in 'good faith. He Is evi
dently deeply Incensed at the fake position
In which he Is placed. He cabled a day or
two ago to Madrid , saying General Weyler
had deceived him as to ta"e condition of the
army and the government has misled him re
garding Its sincerity In promising autonomy
and broadly hinted that he felt Inclined to
ask to be relieved.
The Her.ild correspondent has just returned
from a two days' trip through Havana to
Artemlta. Every military commander of a
town he met said he had not received any
orders regarding the extension of the zones
of cultivation. The condition of the recon-
centradoes Is not altered. Their sufferings
are appalling. The Herald's correspondent
adds : "Unless Genera ! Blanco speedily makes
more headway than he has done yet autonomy
will be a dead letter in the Cuban issue. "
Simnliirdx Are'IMcnned. .
( Copyrlsht. 1537. by Pre ! tubllihlnp Company. )
MADRID. Nov. 18. ( New York World
Cablegram Special Telegram. ) In financial
and political circles considerable pleasure
has heen caused by the official telegram
from .Marshal Prlma de Rivera announcing
the submission of Aguanildowith all tbe
principal chiefs and numerous Insurgents , In
the Philippine Insurrection , which thus
virtually has received Us death blow , as
AgulnaHo was the soul of the rising. This
n.cs is wmewhat cast Into the shade by tbe
excitement created by tte Approaching ur-
rlval of General Weyler. TJls puts all
Spanish parties In e. flutter , as even the
Cailists and republicans compete with
Itobero Kobledo and the extreme conserva
tives in 'bidding for the support of the
soldier who Is believed by oil to be am
bitious , unscrupulous and pcpularwith cer
tain parliamentary and patriotic elements.
This places tbe government In an awkward
predicament , as other nAlltary personages ,
Us oivnfollowers and , the liberal democrats
Insist upon an explanation being demanded
of Weyler concerning bit alleged declara
tions on leaving Havanat'E.
'E. HOUGHTON.
\Vnndford Kxurrn > 'eM Gratitude ,
MADRID. Nov. 18. At the meeting of tbe
cabinet today a letter /row tbe United States
minister , General Stewart Xt Woodford , was
read , expressing the satUfaction and grat
itude of tbe United States government rela
tive to the settlement pt tbe Competitor
case and other cur , eat matters. Tfle com
munication created a good impression In po
litical quarters.
\o SlKn of Cuban' SutimUition.
MADRID , Nov. IS. The Havaoa corre
spondent of tbe Heraldo of tb's city has
cabled bis paper saying that In spite of the
concessions made to the Cubin autonomists ,
acd In epile of the appointment of auoso- !
mlst prefects in the different provinces ot
Cubs , tbero ooesjiot exist a elcgle clga of
tbe approaching submission of the insur
gents.
Heed "Xat Guluir to I.enre Maine.
NEW YORK , Kov IS. A dispatch to the
Herald rrom I-ortland , Me. , say : Speaker
liteii was asked U there was any truth In
the reports printed in Nav York to tbe rftect
that he contemplated going to that city to
live on ! practice law
| "I don't know anyihlng about these re
ports myself. " te said , "but there Is no
I truth in tnem. Rvpor < like this have been
started severs. ! tides of late. Tou can set
them down as ridiculous. "
VENNER COMES OUT LOSER
New York Snpieme Court Decides A aicst
Him in a Suit ,
SETTLES THE OMAHA WATER WORKS CASE
Uphold * the Vnlldltr of the Korc-
clonnrc Sale In Thin City nuil 13c-
clarrn J'rrnrnt Ca
the IllKhtful Onner * .
NEW YORK , Nov. IS. Justice Laughlln ,
n special term of the supreme court today ,
dismissed the complaint In an nctloa brought
ay the United WaterWorks company and
others against the Omaha Water Works
company and the reorganization committee
of the defunct American Water Works com
pany to prevent the further execution of the
plan whereby the property of the la t named
company , which wag bought In by the com
pany at a foreclosure sale last year , was
turned over to the Omaha Water Works
company , which executed a mortgage of
$6,000.000.
The property consisted of water works ,
franchises and plants situated In Omaha and
other cities In Nebraska formerly owned by
the American Water Works company. When
that company defaulted In 1S93 most lof the
security holders deposited their holdings
with a committee In whom full power was
conferred. The plaintiffs represented fifty-
eight out of 3.6CO holders of the bonds o !
the old company. The new company was or
ganized under the laws of Maine and the
objections raised by-the plaintiffs to the re-
orginlzatlca pl-.n were overruled by tie court
on the ground that no provisions of the Maine
statutes are violated.
The new comp ny has obtained the right
to the franchise from the state of Nebraska i
and that state alone can attach the enjoyment |
of the franchise by the new company.
OUTLINED BY THE JUSTICE.
In the opinion filed by him. Justice McLaughlin -
Laughlin said :
"The situation is this : A new corporation
formed under the proposed plan , which has
received a conveyance of the property In
question , upon which It has executed In
accordance with the laws of the state in
which It was Incorporated the mortgages
sought to be set aside , the mortgagees have
delivered and recorded in the state in which
the property is located , and the corporation
Is now in actual paiseaslon and operation of
the water works referred to ; the securities
of the new company have been Issued and
distributed among the holders of the sur
rendered certificates , representing upwards
of $3,300,000 in amount of the bonds -which
have been already used in paying for the
property purchased.
"The owners ofthose bonds , or those
who have succeeded to their interests , have
nol'only acquiesced in , but , so far as the
evidence shows , approves of the acts of the
committee , and yet -these plaintiffs , repre
senting at most -but fifty-eight certificates
out .cf 5,63S. ask to have -the approval Oi
such large majority set aside and the whole
declared Illegal and void. This a court of
equity ought not to do. "
When the above dispatch -was shown to J.
M. Woolworth , leading counsel for the Omaha
Water company In the case in the United
States circuit caurt. In which the city is
plaintiff , he stated that -the case was one
which the water company had never re
garded as an. important one. He raid the
very same case had been tried In the courts
of Maine and won by the defendant and had
then been brought in the courts of New York
state with the same result.
"This suit , " s-ald Mr. Woolworth , "was one
In which the United Water Works company
and other parties who held certificates for
mortgage bonds -which they transferred to
the reorganization committee ofthe Amer
ican Water Works company brought a suit
to have the conveyance to the Omaha Water
company under the foreclosure sale and
mortgages , bonds and stock issued by that
company adjudged void. The plaintiffs held
certificates for forty-eight bonds out of 3,569.
The action was brought in the New Y rk
court last spring before Mr. Justice Laughlla
who has held the same under consideration
until this time. iMr. Venner Is the president
of the United Water Works company and
holds the majority of its stock , If not all
of It.
"This declslia establishes the regularity
ofthe plan of the reorganization of the
Omaha Water company and the validity of
its mortgages , bonds and stock. It does not ,
however , affect the questions that are In
volved In the suit now pending in the United
States circuit court for Nebraska , In which
the city Is the ostensible plaintiff. "
MA.NV 1'UHIMI OX CIIILICOOT THAIL , .
Prospector * All le erllie the Journey
an I'erlloun.
CHICAGO , Nov. IS. A special to the
Record from San Francisco says : George
Pope of Chicago has written fo a friend
here from Sheep camp , on the Chilkcot
trail. The letter Is dated October : s , and
gives the latest news of the condition of
the men who are stranded on the way to
Klondike , He said a severe storm was ragIng -
Ing on the range. He continues :
"The other day a man told me that at
least twenty men bad perUhed on the trail
within the last few weeks. I have not
been able to verify bis statement. At ever ;
town and settlement , where prospectors are
compelled to stop , the men have stories to
tell of the dangers of the Journey. Their
advice Is to avoid the trip at any cost. "
xo mi , vv ix TIM : THORN THIAL.
Hffort Jlnilc to Seeure Jurymen Who
Are I'll ) leall > - Sound.
NEW YORK , Nov. 18. It Is promised that
there will be no delay on the part of either
the prosecution or defense In the Thorn case ,
which will be begun next Monday. Particu
lar attention has been given by the sheriff
to the physical condition and medical his
tory of the 160 talesmen summoned for Jury
selection.
Mrs. Nack now declines to talk on the
Guldensuppe murder except with the aid of
an Interpreter. The houte has been searched.
Her statements about the imposition of the
body are conflicting. She asserts the discrep
ancy arose through her Imperfect knowledge
of English. It is believed the new trial will
not extend beyond ten days from Monday
and it may be concluded within a week.
Jnereii e In I ullnrlnu Churchn.
NEW YORK , Nov. It The thirteenth an
nual meeting of the Unitarian conference
of the middle Elates and Canada was
opened In All Souls church here today. The
report of Secretary Morehouse showed that
while during the decade from 1877 to 1&S7
the Unitarian churches bad decreased Jive
In number , during- the decade from lbS7 to
1SS7 there had been a net Increase of thir
teen , ten or which are i elf-gupportlng. In
the lu&t ten year * J1C7.WO hag been * pent
In the middle states and Canada for the
erection of church edifices. The old officers
Mere re-elected.
THE BEE BULLETIN.
Wealhtr Fore i t for N bra ka
K lr ; W rm ri Southerly Winds ,
ftge.
1 , Torte Hack * Don-n Onrc More.
I'.trdnn of tlir Competitor l'rl oncr .
DrcMon In Omnhit Wnter Wnrfct Cme.
1'ullcc ComniUtlon U SintAlneil.
3. 'Vnnltlr * tn 1'lny nt Council l > luT .
Yale nnd 1'rlnrcton Itr.idy to 1'lay.
.More Detail * In the Krtclmm Cn c.
3. Ilolromh ( Urn n O. A. II. DrclMtm.
Omaha Loir * Itrldee Arbitrary Cnie.
4 , Kdltorlnl nnd Comment.
G. Coanrll ItlufN Ix > cAl Mnttcrv
ln Mnlnr * City Itecord * TniiRleil Up.
7. Nnr * from the tJrcatcr Nnrthirrot.
SiMrml Hurt In Itnlhray Accident.
8 , State llulldlniM tor the Kipatltlnn.
Co in inn n Lnnr Mnrrlngo Held Valid.
0. In the field of Kleetrlelty.
Stnhf * Scheme Can Wult a lilt.
rrclcht llate Still Unvtnlile.
I'ood Tor L'nclo Sm' Soldier * .
11. Commercial nnd Klnniu-lal Ne\r .
IS. Secretary Wllnou's Annual Hejwrt.
A "Personally Conducted" Uun.tn-ny.
SPICnXVA. IS TO SUCCCUD PIRLD.
Selection of XCTV Attorney fienernl
Xot So 1-uny.
CHICAGO. Nov. IS. A special from Wash
ington says : Attorney General McKcnna's
apvolntment a ossocMe Justice of the su
preme court of the United States to succeed
Justice Field has been formally decided upou
by the president and heartily approved by the
cabinet. The succession to the Department
of Justice Is still open. The president's
private files contain letters from all over the
country suggesting names. Including those of
many men who have hitherto not been men-
tlcaed publicly. Judge Waymlre of Califor
nia appe-lrs to be In the lead thus far. A
number of letters from New York suggested
John J. McCook. It is sated : _ that were It
not for geographical considerations John S.
Runnells of Chicago would have been favor
ably considered. It was deemed Impossible ,
however , to have two cabinet officers from
Illinois. The same attention to political
surveying has prevented tne active consid
eration of Judge Nath-.ti Goff of West Vir
ginia , who Is too near Maryland to receive
act he consideration. It I ? believed the presi
dent will not see his May clear to leaving
the Pacific slope out of the cabinet , and In
that event Judge Waymlre Is likely to be
the man.
CATHOLICIC.MCUTS OF AMERICA.
Ollleem Couxlderln * ; Cfinlest Hrniieht
by DepciKcd Mi-dlrnl Director.
CINCINNATI , Nov. 18. A special to the
Commercial-Tribune from Norfolk. Va says :
The supreme officers of < he Catholic Knights
otwVmerlca convened here today In tseml-an-
nual session , with all officers present. The
matter cf the contest of Former Medical
Director J. Averdick of Ccrington , Ky. , for
the office now held by Dr. Bremen , will
probably come up tomorrow. President Fcn-
ney states thit up to this < Ime Dr. Averdick
has refused to surrender his books. The
courts may be called onto compel him to
give up the books. Should such a course
be resorted to the matter will be carried
into the Kentucky courts , under the lane
of which the order Is chartered. Dr. Aver
dick , who was In office six years , was re
moved last May.
COLOUADO AT THIJ RM'OSITIOX.
Prof. Taylor \eliniNUn Talks to the
i Hcrtlt-nlturlMtK.
DENVER , Colo. , Nov. IS. ( Special Tele
gram. ) The Colorado Horticultural society
met In Condition today to consider tbe ques
tion of an exhibit at the Transmlrelsalppl Ex
position. Prof. F. W. Taylor of Lincoln.
Neb.gave an extemporaneous address on
"Ho'ticultural Education , " showing the ad
vantages to be gained to fruit growers
through the exhibition. A greater part of
the afternoon was taken up by the society
In dlscutslng the best methods for collectIng -
Ing the exhibit , the consensus of opinion be
ing that there should bo an effort made to
make the Colorado display a fine one. Tbe
discussion resulted In the appointment of a
committee to work with that end in view.
I'LA.VXIXC ; TO UXTC.M1 THO GIIA.XGU
Aiiiroirlnllon I In- Lecture Fund
in .Nearly Doubled.
HARRI5BURG , Nov. IS. A resolution was
adopted at today's grange meeting appro
priating } 500 for the use of the assembly of
the Priests of Demetcr. A resolution to
amend the constitution by reducing the fees
of women under 21 years was defeated.
Master-elect Aaron Jones of Indiana made a
report in regard to plans for extending the
order during the coming year. Five thousand
dollars will be set aside ae a lecture fund ;
J3.000 more than Is now used for this pur-
pote.
pote.The
The grange closed Its session tonight , and
many of the delegates left son after ad
journment for their homes. The next an
nual convention will be held In November ,
1898 , at Concord , N. H.
\rrextetl for Whlleeup Ontrnire.
BLOOMINGTON , Ind. Nov. IS. Today nine
well known citizens In the southern part of
the county were arrested for whltcrapplng.
All mere indicted by the grand jury It U
alleged that on the night of August 17 the
men took Milton Southern and his old
mother from their home by force and cruelly
whipped them. The names of the men ar
rested are William Saxton , Ell Eads , George
Huytzock , Oscar Mitchell , Jo n Mitchell ,
Maurice Lucas , Everett Chambers. Gtorse
Palmer and Charles BodUIn * . All gave bond
Kkecntlon * AKniunl Contractor * .
PITTSIiritO. Nov. IS. Executions atrsre-
gating nearly HO.0'0 wern Issued today
against the firm of HuIIngs Bros. , the con
tractors who were building tbe Cnanolne
dam on the Ohio river nt Merrill , I'a. It Is
said that the executions were issued on ac
count of the announcement that the govern
ment was golns to take the contract for the
building of the Merrill dam away from the
ftrm.
Movenienl" uf Oeeun Vr t-U Xov. IS.
At New York Arrived Norge , from Co
penhagen ; Amsterdam , from Amsterdam ;
Brlttainla. from Naples.
At Queenstown Sailed Adriatic , for New-
York ; Waesland , for Philadelphia.
At Cherbourg Sailed Spree , for New
York.
At Antwerp-Arrlved-Southwark. from
New York.
At notterdam-Salled Veendam , for New
York.
At Plymouth Arrived Fucrst Bismarck ,
from New York ; for Hamburg ,
At London -Arrived Mobile , from New
York.
At Liverpool Arrived Uhynland , from
Philadelphia.
At Bremen Arrived Trave. from New
York , via Southampton. . , j , .
Supreme Court Declines to Eject Omaha's
Police Commission !
REJECTS BIRKHAUSER'S ' APPLICATION
delator Has No Eight in the Case Under
the Law.
VALIDITY OF CHARTER NOT PASSED ON
Jaestion of Its Constitutionality Not Con
sidercd at Present ,
CASE TU3NS UPON TWO PRINCIPLES
I.nvr Invalid for One IK Invalid for
tin- Other , nnd Claimant Cnn-
, not Co In nnd Out of
, Otllce nt Will.
LINCOLN. Nov. IS. ( Special. ) The su
preme court today handed down an oplnloa
In tbo Omaha Fire and Police Commission
case , dcnjlng the writ prayed for by P. W.
Blrkhauser. The syllibus of the opinion Is
as follows :
1. One who seeks by quo wnrranto to ob
tain ix35t > 5slon of a public ottlce must show
a better title than the Incumbent.
2. In n proceeding In the nature of a quo
warranto" brought by n private person to
determine the right to a public ofllcc , the
relater cannot nsall the constitutionality of
the statute under which the respondent
claims to hold such otlicc a.s a basis for a
Judgment of ouster when the argument ad-
tlucod by rclutor for declaring the law bail
applies with equal force as against the
statute under which he himself asserts title-
to the ofllce.
3. One who voluntarily abandons or sur
renders a public olllcc to another will not
afterward be permitted to assert tltlo
thereto against such subsequent Incumbent.
TEXT OF THB OPINION.
The opinion Is by Justice Norvul. the other
ludges concurring. The following Is the full
text :
This Is an action of quo warranto In
stituted in this court by A. t\ Foster , H.
E. Palmer and IV. . Blrkhauser to de
termine the rlRhts of rotators and re
spondents respectively to the olllees of flro
and police commissioners of the city of
Omaha. Ilelators were appointed to raid
offices by a board , consisting of the gov
ernor , commissioner of public lands and
building ! ; and attorney general , created by
section 143 , chapter xli , compiled statutes
1SS3 , which said chapter Is entitled "Ctles (
of the Metropolitan Class. " The last state
legislature created a new charter fpr the
government , of cities of the class to which
the city of Omaha belongs , and by the
same law. In expres-a ttrms , . repealed the
"Chapter xlla , of the Compiled Stat
utes of Nebraska , Eeventh Edition , 1S03. "
Sess-lon laws 1S97 , chapter x , section 105 of
said act , known"aschapter slLi. compiled
statutes 1S37. declares that : In each city
of the metropolitan class there shall bo
a board of flre and police commissioners , to
consist of the mayor , who shall be ex-
olllcio chairman of the board , and four
electors of tbe city , 'who shall be appointed
by the governor. "
By section 167 it Is provided substantially
that Immediately upon the taking- effect
thereof the governor should appoint for
each city embraced within the law four
flre nnd police commissioners , of "whom
not more than two should belongto tbo
Fame political party , one to serve for one
year , one for two years , one for three.
years and one for four years ; and that
the governor should annually thereafter
appoint one commissioner In each of such
cities for the term of four years. The sec
tion also makes provision for the filling of
vacancies occurring In said offices.
The respondent , Frank E. lloores. Is the
duly qualified and acting mayor of the city
of Omaha and by virtue of said sec
tion 166 , claims to be an ex-olflclo
member nnd the chairman of the
board of fire and police commissioners of
said city. The other four respondents claim
to be members of said board and the
right to discharge the duties thereof by
virtue of appointment made by the gov
ernor under the provisions of said section
167. The relaters , Foster and Palmer.
leave of court having first been obtained ,
have dlsmlxsed the proceedings as to them
selves and the action thereafter was pros
ecuted In the name of Blrkhauser alone.
ENTIRE ACT IS ASSAILED.
In this proceeding the constitutionality ot
the entire ? act of which said sections form
parts Is assailed upon the same groundi ) ,
among others , as those urged and presented
against the law In State against Stunt.
Fifty-second Nebraska (71 ( N. W. Rep. . 911) .
where the validity of the legislation was
sustained. The writer had no part In that
decision and does not wish to be under
stood as now agreeing that the conclusion
then reached by his associates was sound.
A discussion of the questions there con
sidered will not be undertaken at this time ,
since the writ of ouster sought ht-rein must
be denied for reasons hereafter stated.
It Is Important to remember that this ac
tion wds not Instituted by the attorney
general , but was brought by private persona
asserting the right to the offices In ques
tion. Had the attorney general been the
relater It would have devolved upon the re.
spondents to show that they were right
fully Inducted Into ofllce. In other words
that they were appointed and are acting
under a constitutional law ( State against
Tillma , 32 Neb. . TfS ) . When the Informa
tion Is filed by a private person the sajno
rule does not obtain. He is required to
show that his title to the office Is better
than the Incumbent and must recover. If
at all , upon the strength of his own tltlo
and not upon the weakness of the claim cf
his adversary- This doctrine Is not new ,
but has been more than once asserted by
this court ( State against Stein , IS Neb , KS ) ;
State aralnst Hamilton , 19 Neb. , 193 ; Btuto
against Hoyd. 31 Neb. , 1C ) .
The principal argument of counsel for re-
lator1 IH that said sections 1M and 1C7 of tfia
act of H'J" -unconstitutional and void be
cause they are inimical to the Inherent right
of local self government. Precisely the same
objection could be successfully made against
toe statute under which Mr lilrkhauscr uaa
appointed. In violation of the principle of
local self government It empowered tbe gov
ernor , commissioner of public lands and
building * and the attorney general to ap
point the fire and police commissioners for
cltiles of the metropolitan das * ; while , un
der the existing law , that duty was devolved
upon the governor alone. The reasons and
arguments adduced for declaring the US7
law bad , tf sound , would likewise make clear
cbo Invalidity of the act under which the
relater was appointed to ofllce ; hence , under
the decisions mentioned , he could notrsuc-
ce sfully prosecute thU action , >
ABANDONED HIS OFFICE ,
Another contention of rervondents , which
la not devoid of merit. Is that the writ muse
bo denied for the reason tbe relater volun
tarily abandoned the office In question and
acknowledged the right of the Incumbents
to discharge the duties pertaining to tbo
Board of Flre anJ Illce commlfilonera of
: he city of Omaha. This tae relater denies.
and on his direct examination as a < nllne a
In his own behalf ha testifies that it nevM )