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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 11, 1898)
THE OMAHA , DAILY BEE. ESTABLISHED JTJiNE 10 , 1871 ; OMAHA , TUESDAY MOR IXG , JAJKTUAUY 11 , 1898-TWLEVE 1'AG-ES. SLNGL12 COPY FIVE CENTS. SHIELDS THE ARMY Investigating Officer Exonerates Major Estorhazj. REPORT IS CONSIDERED A WHITEWASH Court Martial Seems to Bo a Oat and Dried Affair , MAJOR'S ' ANSWERS OF READY-MADE ORDER Berions Indictment Against Oolouol Picquart. HIS ARREST IS EXPECTED TO FOLLOW Court CiuiNrN n Oooil Deal of DIx- jil 'itHiirr l > > IK'clilliiir tit Cloie the Dooi'H While liuportuiit j CH Tcxilfj" . PARIS , Jan. 10 The trial by court- martial of Major Count Ferdinand Walaln Esterha/y. the retired ofllcer of the French army who came Into prominence In the latter jwrt of November last through the publica tion by Tlgaro of a number of letters which the count Is alleged to Uavo admitted writing reflecting la etrong terms on Trance and the Trench army , was opened nt 9 o'clock this morning under the presidency of General do Luxor. Among these who were present were Mine. Dreyfus , wife of Albert Dreyfus , former captain of the Krcnch artillery , now under going Imprisonment for llfo after having been convicted of selling Important Trench military plans to agents of a foreign power with which Kstcrhazy Is said to have been connected , the brother ot the condemed cap tain , Matthleu Dreyfus , Senor Tralrcux , the former minister ot Justice ( who , last week wrote a letter asking for the postponement of the court-martial on the ground that to trj the case in Its present shape only means nsKIng the court to confirm the guilt ot Dreyfus ) and many officers and deputies. Count Estorhary appeared In uniform and escorted by republican guards. The clerk of the court said the court- martial was held In order to end the con tradictory rumors which had been spread by the c\cltcd public. Thereupon Maltro La- borle , counsel for Mine. Dreyfus , asked per mission to take part In the arguments. The counsel for Matthleu Dreyfus , brother of the captlvo of Devils Island , also asked per mission to appear during the proceedings The court rejected both applications and the taking ot testimony commenced. WHITEWASH FOR nSTEHHAZY. Counsel for the government said that a public trial might bo Inimical to the interests of the national defense and demanded a secret hearlne- The court decided by n majority of flvo to two that the trial should bo public until the moment when publicity might appear to prejudice the national defense. The court bavins thin yielded to public opinion , the report of the Investigation otn- ccr , Major Uavarry , was reai ! . It complete ! ) whitewashed Count Estorliazy , and v\ab gen erally regarded as being n serious Indict ment of Colonel Picquart , whoso ancst , when this trial Is finished. Is anticipated. Colonel Picquart , according to the Intran- slglent , woo In the latter part of November Ecntcnced to thirty days detention In a fort \ ress. Ho was an officer summoned from the United States to Paris In connection with the Dreyfna affair and his statements were re ported to ho the basis ot the accusations brought against Count Cstcrhazy. The report of Major llavarry does not adduce - duce much evidence except the declaration of the experts that the famous Bordernu note was not written by Count Estcrhazy. It con tains the count's protest against the "calum nious Imputations" made by Colonel Picquart , who , It appears , without authority , caused Iilm to bo shadowed. The report observes that the colonel Is the soul of the present agitation and that ho Is guilty of serious shortcomings and Indiscriminations. Upon ono occasion , It Is pointed out , when Ills superiors urged him not to persist , ho exclaimed : "Oh , they won't do anything up there , but I will compel them to act/ ' EXAMINES SECRET DOCUMENT. Tha report continues -with the statement that Colonel Picquart , In 1S9G , was surprised while examining secret documents belonging to the general staff , and concludes : "Every step taken In this sad affair , which causes &uch anguish to all really Trench hearts , Is Intended to obtain a rcrcrsal of a Judgment legally and Justly pronounced. No tangible Judicial proof of iMaJor Esteihazy's guilt U forthcoming , nor is there adequate evidence to support the charge of high treabon. " 1 ho court then adjourned until 2 o'clock. When the trial was icsumcd , Major Ester- Jiazy testified that ho became an are ot the plot against him through anonymous letters , 'which ' led to his meeting an unknown voile j woman , Ho lad | communicated the results of that meeting to General IBIlIot , the minis ter of war , and President Faurc. ' The Judge put a series ot easy questions to Major Ehtcrhazy , to which the latter evidently had ready-made answers. The major ended by following Major Kavarry'a cue , and accused Colonel Picquart of burglar izing his residence and stealing letters. 'Matthtcu ' Dreyfus was then examined. He was asked to state the basis of bin accusa tion against Major Estcrhazy , and replied that , without being an expert , it was only necessary to compare the writing In the Ilorderau and Major Eslcrliazy's handwrit ing In order to ho convinced that they wcro identical. Continuing , M. Dreyfus made a Icaincd grapbologtcal statement. Moicover , lie pointed to the fact that tMaJor Estrrhazy having subsequently tried to modify his handwriting gave confirmation of his sus picions , ESTEIIHAZY'S SERIOUS PLIGHT. In review Ing other suspicious actions of the major M. Dreyfus quoted a letter In wfolch Major Estorha/y said : "I am in such a i > lfght that I ran only recover m > selt by crime. " ' "luls , " said M. Dreyfus , dramatic- oily , "was written by an olllcer who has the honor to wear the uniform of a French ofllcer. " Heie "Ohs" were heard among the audience. Counsel for Major Edterhazy thereupon asked M. Dreyfus who was paying the "en ormous costs of circulating painphletr ro- Uiectlng Major Estnlmzy , " To vvlilch M. Dreyfus replied : "That It my business , not yours. " TLls remark caused excitement among tlioso present and brought forth shouts ot "Miserable. " M , Schourer-KesUicr , ouo of the vlco presi dents of tlio senate , \\a.a examined. He said that when ho was condemned ho believed Dreyfus guilty , and continued In that belief until Matthleu Dreyfus came and Implored his nld. Then the senator made a ( Ktsonal Inquiry , "because It must be admitted that both military nud civil tribunals may make mistaken. " "Malthlcu learned , " continued M. Scheiircr-Kcstner , "that an opinion had been expressed at the ministry foe war that the Dordcrau was written by Major EBtcr- bazy. " The senator further remarked : "I learned that a distinguished officer , head of the In telligence department , had been sent away , and letters wcro shown me confidentially , proving that General Dcngkc was of the tame opinion as Colonel Picquart. " NOT SURE OP HANDWRITING. M. Schcuror-Kestner reviewed his com munications with Colonjl Picquart , the minis ter of war , with a view of reopening the af fair , and concluded by myl'ig : "I cannot say the Dorderau was written by Esterhazy , but I affirm that the writing has a greater re semblance to Major Esterhazy'H than to that of Drejfus. " A house owner of Aulell testified- that the mistiest of Kstcrhazy aekcd blm to cancel a loiso nlgncd by I3sterhazy , as the latter bad nald ho wan dishonored , Intended to commit suicide , and fcarctt tbo police would seal up hU chamber. At this point Major Eetcrhary denied hav- kig uttered the words attributed to him end Mme. Pals , ills mistress , made a similar de nial. nial.Tho The question of a letter affecting the major then arose. Thin missive , which was ad- drc sed to a friend named Welt , found Its way In tao pcwsecslon of the friends of Drey- fys. Welt denied ho gave it to the friends of the convict. Major Esterhazy lo a vehe ment outburst alJ : "Of all the Infamies of wnlch I am the victim , Welt's treason gives the most pain. I rendered him services ot which I will not etato the nature here. I am not a coward and i traitor " The major's icmarks brought forth cheers from the audlcire. Colonel Picquart was the next witness and the court , aftoi a hasty deliberation , decided to take his testimony behind closed doors. The court was then cleared. Tills decision to conceal the evidence of the moat Important vvltucsa of the trial caused much dissatisfac tion. tion.Tho The general Impression Is that the day's proceedings have revealed the utter hal low nci-s of tbo Drcjfuslans * charges against Comte Ebterlmzy and the illmslncss of the reaosns for their belief In the Innocence of Dreyfus. The evidence of Matthleu Dreyfus was exceedingly weak. There was a sensa tion In court when he declared Comto Ester- hazy "a dlcgraco to his profession. " The two men glared at each other llko wild beasts. M. Clenicnccau , In Aurore and other pa pers , will protest tomorrow against the scan- < iai ! of closing the doors on Colonel Plcquart'a evidence. Jt is believed ho knows the whole case and that ho in not unlikely to got into trouble. niscovnnixt ; MANY vnw CLAIMS. I'roNiioctorn In AlitxUn , DrlflluK Into Ae Torrl or > . VICTORIA , B. 0. , Jan. 10. Richard Mor gan , Just from Dawson , throws new light on the food situation thcro and also on the conditions and present necessities of the camp. Meat , ho sajs , is now a drug and worth but 30 'to 40 ecu's , chiefly because large herds of mocee and cailboo have lately passed the district and have been slaughtered by wholesale , ono hunting party bringing la aa many as forty-five. HunKcr cicek , emptying Into the Klondike fifteen miles from Dawson , and Gold Bottom , I ast Chance and ssvcral other auriferous creeks are proving as good as Dldomdo , vvhllo Its gold approaches the Bonanza creek staadaid of fineness. The Hunker is a long stream -with room for upwards of 100 or moro tialla , whllo there arc quite as many en tlio newly prospected tribu' anes , Includ ing Last Chance and Gold Kett'le. The pay dirt of the Hunker and Wio tributaries Is eaUl to average $10 to the pun , \\Jillo claim No G , below Discovery , Is reported to have turned oift ono record pan of ? 104. Sulphur creek has not yet shown any sensational runs , but it Is announced runs $15 to the' pan and la not to bo looked upon with disdain by the majority of miners. ivsunr.nvrs msiii : : ; A &IAI > UHT. bliuulMli JItirry TruuiiH to the Hl'NCIH' , HAVANA , Jan. 10. The Insurgents are be- elcglng and have attacked the port of Majarl , on the north coast of the province of Santiago do Cuba. Troops have loft Glbarra , the north ern portion of the same province , to relieve tba garrison ot < Mayarl , ViitiKliiiu I'nMlHliPH a Ilfjoliulor. LONDON , Jan. 10 Cardinal Vaughan , arch bishop of Wrstmtaftcr and the bishop ot the diocese , published today a 122-pago rejoinder to the letter published list March by the angllcan archbhliop of Canterbury and York , on the subject of the Anglican orders. The re. Joinder , which Is signed by sixteen Roman Catholic prelates , maintains { hit to deny the pope's competency to decide this question Is to strike at the sacramental s > st < 'm. ' HHnrii to Civil I-IITV , PRAGUE , Jan. 10. Martial law , which was proclaimed hero on December 2 as a result of the riotous demonstrations which followed the disturbances In tbo Rclchsrath , * was abrogated , The Bohemian Diet reassembled today. Police guarded thu approaches to the bouse. At the close of the chief provincial marshal's opening address the members heartily cheered the emperor. Knil of tlie MrlUt- LONDON , Jan. 10. There are signs that the end ' of the great strike In the engineering trades' In Great Britain Is approaching. Large numbers of Glasgow engineers applied today for reinstatement , while a meeting of the engineers of Tulrflcld decided to continue work In spite ot their previous threats to leave work when the first 25 per cent of their number was locked out. SiilU Til Mi ItH CurKo on Fire. ST. JOHNS , N. P. , Jan. 10. The steamer Lamberts Point , Captain Humphreys , which has 'been ' lying hero sonio ia > s with Its cotton cargo on fire , Billed for Liverpool today with tbo deckload of cotton s'tlll afire. Ilia crow refused to sail until compelled by the police. If the fire becomes serious It U Intended to Jettison the cotton. U TJiri'iitoiu-il. LONDON , Jan 10. According to a special dispatch from Constantinople the Russian embassy there lias been threatened with bomb outrages "unless Russia withdraws Its opposition to the amelioration of tlio condi tion of tbo Armenians. " Will Ui't nit AiiuTlciin Wlfis LONDON , Jan. 10. A martlage has been ar ranges ] between Hon. Rowland Charles Fred erick Leigh , joungest son of Baron Lelgb , and Mln Mabel Gordon , daughter of Colonel W.V , Gordon , ot Savannah , ASKS FOR LARGE INDEMNITY Dr. Cornelius Horz Wants live Million Collars from Franco. FILES HIS BRIEF IN STATE DEPARTMENT Sn > He'nn Detained thnlcr Arrc l , b > - Prcncli OrtlrrH , for Tour Yi'iirx , AIlhoiiKliVinurl - cnu Cltlrcn. WASHINGTON , Jan. 10. Messrs Dlttcn- hofer , Latitcrbach & Llmbcrgcr , counsel for Dr. Cornelius Herz , today appeared before Solicitor 1'enflcld at the State department end presented a claim for Indemnity In the sum of $5,000,000 against the Trench govern ment for an alleged Illegal attempt to per- sccuto Dr. Horz. The cose Is remarkable In many ways and It Is said nt tbo department Is without n precedent. The facts In brief are that Dr. Herz , whose name stands very high In scientific circles ns an electrician and physicist , although born In I'ranco of Trench parents , Is an American cltlron. When ho was about three years of ago his parents came to Now York nnd acquired American citizenship. Young Herz was educated In the New York Free academy , now the College of the City of New York , nnd received two degrees. Ho rounded this out by courses In Heidelberg nnd other great European universities. At the ago of 1C ho was a lieutenant In the United States army. In 1S71 ho was charged by the municipal authorities of Chloigo with a mission In ccu- nectlon with the reconstruction of the city after the flre. Ho afterwards held posts of responsibility and honor In San Tranclsco Diul New York. Meanwhile his fame as an clcctrlc'an had been spread and ho did mucii to extend the study of th's ' branch of science , besides es tablishing , ao ha ! brief alleges , the fore- rumor ot ono ot the largest ot the great elec trical corporations now In existence In this country. He married an American woman and when his children were born In Paris Sio caused them to bo registered as American citizens at the consulate. CHARGED WITH EMBEZZLDMENT. January 19 , 1893 , his troubles began. Ho was stopping at Bournemouth , England , with his wlfo In bad health , when ho was arrested under cxtrudltlon proceedings on a warrant from the Trench government , charging him with fraud and embezzlement growing out of the Panama canal scandal. Unler the law a prisoner wanted for extradition must ap pear at the Bow street police court. Hecr was confined to his bed and was unable - able to appear. The case was kept eocn and ho was continued under arrest In his bed four years , during 1S93 , 1894 , 1SS5 and 1S9C. Then the British Parliament came to his relief and passed a special act that permitted the magis trate to attend Herz's bedside and take his testimony. This was done and the magis trate promptly declared the charges were ut terly Invalid and scarcely deserving of notice. That was on May 2 , 1S9C , and Hciz wis released from arrest. Meanwhile the French government foad instituted numerous proceed ings against him in France and confisated all of the prcpci ty of himself and wife. Dr. Horz alleges this was persecution , oure and simple , and that the Trench government knew the charges against him wore baseless before the tclil. Therefore , claiming to hav ing been Injured in name and health , and in other ways , ho demands that the State de partment shall prefer a claim against the French government. Although ho names no special sum , the brief shows that ho de manded the sum of $5,000,000 In a letter bo sent to the president of the Trench republic , but which was never answered. The State department has taken the case under advise ment. SUPPLY OK POWDER IS VKRV SHORT Only niiouprli to l.nnt Illp GIIIIH n CHICAGO , Jan. 10 A special from Wash Ington , says : Undo Sam la short of powder for his high power guns. After his war ships have fire-1 away with the powder they have on Tjoard , * hlch they would do in the course of a ten hours' battle , there would bo left in the entire country barely enough to supply them for a thlrty-mlnuto combit. And It would take the powder mills of the United States , with their present facili ties , nearly a year to produce enough pow der to supply the ships for another ten hours' battle. Such Is the substance of a icport made to Secretary Long by the iboard of ordnance and fortifications , which has recommended the Immediate Tmlldlng of a government powder factory , by which the eost of supplying this powder could bo greatly reduced. O'rdlnary powder , It must bo understood , will not do for high-power guna. There Is plenty of this and plenty of flno blasting powder In the country' , but very Ilttlo rlflo cannon powder. This la t is made ly only two factories In the United States , ono In Delaware and ono In California , both of ithom of very limited capacity , Hcnco the Importance of having In store enough to meet all possible de mands ot war until moro could bo offered. MW ] ) i.scovnmis KLO.VDIICI : .Mother Luilc Ili-llctcil to Have Ilvon Pound. SEATTLE , Wash. , Jan. 10 , W. J. Jones of Port Townsend , Wash , who arrived from .Alaska on tlio City of Topeka today , brings , news of the discovery of what la supposed to bo the mother lode and quartz origin of the placers of the Klondike district. The discovery was made within four bours at four different points , ono of them at Dome , a high mountain lo the east of the source of the Eldorado creek , 'by Trank Slav In ; the Eccond at No. 31 Eldorado , by A. II. Jose and partner ; the third ono In Nugget Gulch , at No. 30 , and the fourth somewhere In tbo twenties on Bonanza creek. The trend of the vein Is northwest by west , westerly from the Dome. It Is found at aftout thirty feet .below the surface and un der the muck and alluvia Uleposlt. The ledge Is about eighteen Inches wide and maintains a uniform width , It Is gener ously 6-prlnkled with frco gold. Mr. Jones brings down samples of the ore and every ono who has seen them say tbo rock Is precisely tbo bamo In character as Is found In the Comet mine In Benera Way , southeastern Alaska. Mr. Jones said that old timers In the Klondike had mode a der tbo muck and alluvial deposit. The ClilflllfO I'olloc. CHICAGO , Jan , -The Investigating committee appointed by the state senate to Investigate thu workings of the Chicago police department met today , As an out come of charges which have been made Adolph Kraus , president of the Civil H-rv- Ice commission , who Is a prominent demo crat , entered suit today against Attorney D. R. Bliss , a leading republican , for fjO.OOO damages. im.roiu Di ) vi i.vt < ] IMHAMTIIS. SpraU'n of riilne c Altnlm Without l ) < LONDON. Jan. lO Rlfiht Hon. Arthur J Bnlfour , first lord of the treasury and gov ernment lender In the House ot Commons , addrcsced his constituents at Manchester this evening. It was expected that ho would make an Importat announcement ot the gov ernment policy In Gnlna , ( but ho confined himself to generalities. Mr. Balfour said the concert of Europe had not added to ltd reputation by Its re cent treatment of Crete. He declared that It woulil 1)e better to have a third ra-te gov ernor ot the Island than none at all. It was strange the concert could not find ono cither In Europe or Amcrlcn. Ho eulogized the ibrav cry displayed by the British troops In the -India campaign , a campaign "moro difficult than the Afghan war In 1S79. " Tinning to China lie sold British Inter ests there were commercial and not terrl- torlal. Except ns a base for possible war like operations , the "territory would bo a dls. advantage , because It would Involve rcspon- clblllty and expense In money and men. He dilated upon the fact that the extent ot our trade In China gives us a npcclal claim to prevent Ita pursuing a policy that would dls. courage trade , and added : "But the deepest traditions of our policy- preclude us from using our trading privilege as a weapon to exclude our rivals. If we ask f i ccdom of trade It Is not alone for Eng land , but the whole world. " Thcro was no objection , said Mr. llalfour In conclusion , to Kutuki { laving an Icc-frco port provlJed England was not excluded , but the government would do its utmcst to prevent China yield ng to foreign pressure to making regulations adverse to Great Britain "or any Improbable but possible attempt to dot the coist of China with foreign stations by pro tectionist countries ) who would raise customa or other barriers to our trade. " The burden of the whole declaration was tlat England's policy In China Is for the benefit ot the world at large. The morning papers , In editorials of nil ahadM of political opinion , express great sat- Isfictlcn at Mr. Balfour's oxprestlon of opin ions guiding the government's policy In the far cast , but they complain of ( no absence of definite statements. The Morning Post says : "A great n-lrls'cr on a great occasion his only whetted tie appetite of a people ready to give him a large anj geneioun vote ot confidence. " The Dally News s > iys jMr. Balfour's exposi tion of Lord Salisbury Js pollcy is excellent in Ii tcntlou , and the only fear Is that the exe cution may fall short ofithe Intention. With reference * to the New \York Times' expression of regret Uiat lack of'appctlte has succeeded to England's traditional earth hunger , the Dally Nevvssay-is : "Such regicts In an Amer ican Journal are piquant iudced. But our .American friend need not bo uneasy. Our Interests , which are Identical with theirs , can bo protected In China by other means than territorial annexation. " IIHPORT 01' A PARISH VICTORY. Given Out ThroiiKlifoiIlcliil Chnnm-Is at" HiiViiiin. , HAVANA , Jan. 10 News from Spanish sources Just teccjvcd hero gives an account of what appears to have been a gallant de fense of n fort at Santiago de Cuba by Span- Ibb troops. It seems that the prtac'cal ' fortifications protecting the buildings of the central eiVm- tatlon of Ysabel , belonging to Beattlo & Co , an English concern , at Media Luna , near Manzanlllo , was attacked by n strong In surgent force during the night of January 2. The Insurgents had with them , It is claimed , a rapld-flro cannon , wVilch they placed in posi tion about COO metres from the fort and be hind an embankmcpt of earth. At the Eamo time 200 Insurgents captured the machinery house of the plantation , The fort defending the latter consisted o ! a brick building two stories high and Intho foim of a cross. It was surrounded by wire fences and ditches and was garrlscned by ninety-six soldiers , un der the command of Captain Benedlcto Ma- nllo , who had two lieutenants under him. At C o'clock In the moralng the Insurgents began cannonading the Spanish fort , and at 2 o'clock In the afternoon they began an attack on It from both sides of the river , trying to take It by assault , but they wcro repulsed. At 3 o'clock In thn nftnrnocn fin Insurgents made a second attack on tbo fort nnd the Spaniard ? again drove them back. Thereupon the In surgents resumed their artillery firing and kept it up until dirk. During January 4 the fort was relieved by Ccptaln Orlan in command of the local guerrilla force of Nlqucra and a detachment of Spanish infantry , and enforced by two cannons. The Spaniards then attacked the Insurgents' earthworks am ) are said to have compelled the caemy to rctlto with severe loss. The garrison lost seventeen killed and had thlrty-thrco wounded. EXPECT A COMPLETE REPARATION. Ore-lit TIiliiKM IIoiicil for from the 1'opo'H Em-jrlliMil , QUEBEC , Jan. 10. Bishop Begin , acting cardinal , In his mandate to accorrcany the papal encyclical i the Manitoba school ques tion fays : " \Yo expect a complete reparation. Wis dom and patriotism should Inspire the legis lators to put an end to the violent things which we are enduring. Let Justice come from the government In Winnipeg , let It como from tbo federal government or let It como from the Imperial government. " The mindamcnt calln.iHion the protestants , whom diversity of bclef | does not prevent from being brothers to Catholics , to give the latter a helping hand. True HIM Aurulii f 'AKNIIMHIII I'rlnco. LONDON , Jan. 1Q. At the Old Bailey court today the recorder directed the grand Jury to return a true * blll against nichard Arthur Prince , the super who assassinated William Tcrrlss , the acttor , on December 1C. It Is said at the home office that the ex perts agree that Prlnc $ Is Insane. In spite of this , Ills trial will commence Wednesday next under tbo lunatic * act of 1SS3 , 'lxcil J > > ' Wilulit. BERLIN , Jan. 10. The Madgehnrg Zcltung asserts that the changes In 4ho customs regulations as to petroleum , which Count Posadowskl , minister of the Interior , fore shadowed In the IlelchJtag , have already ibccn made , and henceforth the < lyty , even upon mixtures of Caucasian anil American petroleums , will , be flxable by weight. . 1 1 I.iililniKltTK Co 111 1 UK' tocvi Yorlc. LONDON , Jan , 10. A dispatch from Copen hagen to tbo Dally Mall eays : "A largo expedition of Laplanders U about to start for New York from Copenhagen , Cnrlstlanla and Tromsoe , to go to the Klondike In sledges with reindeer. " Ja men ii n Sot Ciimliiir to LONDON , Jan. 10. It U understood that Dr. Jameson , tuo Tmmrial raider , will not return to England at prescut. He Intends to become * a candidate for tuc Cape Parliament. INSURANCE LAW UNDER FIRE Stops Taken to Ucokn Nebraska Statute Unconstitutional ! FOREIGN COMPANIES TAKE INITIATIVE nil Autlini In the l"cilcrnl Court to ill pst ruin Stuto ( MlH-lnl * from ntifnroliiK Hi-cent , The foreign flro Insurance companies doing business In this state have determined to seize tlio bull by the horns by fighting the constitutionality ot the two acts passed by the last legislature declaring Insurance compacts Illegal before an attempt Is made by the etato authorities to put the pro vision ! ) Into force. A case has been started In the federal court In which the con stitutionality of thcso laws lu directly at tacked , Judge Munger has Issued a temporary or der enjoining the officials named from tito- cecdlng under the acts and has set the hear ing ot the caoe for January IS at Lincoln. The two acts which are thus availed were both passed on April 25 , 1S97 , and are known as senate file No. 330 and senate file No 2. The former Is a general provision against trusts and conspiracies against trade and business and interests the flro Insurance companies , as It defines one form of trust 3s a comb'ciatlon ' to prevent competition In flro Insurance. The other act is ot direct interest to the companies , as It Is a special law to prevent combinations between flre Insurance companies and provides penalties therefor. The case Is brought by the following for eign companies. Niagara Tails of New York German-American of New York , Traders' of Chicago , National of Hartford , the Tire and Marine of Mascaclumctts and the Flro As sociation of Phllidelphla. They profess to bo acting In the interests of all other for eign companies who are doing business la this state. The'action is brought against Auditor of Public Accounts John K , Cornell , Attorney General Smjth and County At- tornoj Baldrlge , and Is ! n the nature of an injunction to enjoin those officials from be ginning an > action to put the provisions of the acts Into force. None of these officials have as jet com menced any proceedings against the con- panics , but In their complaint the latter as sert that Auditor Cornell Is contemplating such action. They also anticipate tlat ihe grounds for this proceeding are based on the supposition that there Is In existence In this cltv and state an Insurance pool at the head ot whleU is Christian Haitwao , the local in- aurance commissioner. The companies deny , however , that thcce Is any such combination In existence at the present time. EMPLOYED AS AN INDIVIDUAL. Accoiding lo tiio petition the companies < ! ld sonio tlmo ago form a combination for the purpcoo of equalizing Insurance rates anJ ploiced Hartman at the head of It. Ho wus employed becmiso he was believed to know the value ot property rnd risks in the state , and because It was a matter of economy for the companies to thus employ one man In stead of each employing one. It Is asserted , however , that this combination was dissolved before the acts passed by the legislature bc- oimo laws , and that kins not been revived slnco that time. After this dissolution Hartman - man entered Into an agreement with each ono of the companies to do the same work , but it is emphatically denied that Uicsc com- pacles employ Hartman as an association. It Is allege. } thnt each ono can and does fre quently refuse to aajcpt the rates ho fixes without regard to what the others may do , although it Is admitted Lbat his rates arc generally accepted. Tlio point nought to bo made ia that Hartman is no longer employed by the companies as 'in ' association , but as an individual and that therefore tile companies are no longer In a combine. Continuing , the complaint alleges that Auditor Cornell , pretending to act In his official capacity , contemplates summoning the officials of the various companies before him for examination to discover whether they aio violating the provisions of the nets and revoking their authority to do busi ness in this state If found guilty. In view of the fact that such action would entail much expense to them they have brought the present action to test the constitutionality of the two acts. One of the main contentions Is that the acts are contrary to the laws of the United States , as they tend to Impair the obligation of contracts. The companies say that they began to do business in this state twenty years ago In good faith and wcro given authority to do so. They have paid the Ices to the state every year and have built up a good business. They claim that It would bo a violation ot this contract entered Into twenty years ago and they would sustain great damage If they were now debarred from doing business. SAID TO DISCRIMINATE. Senate file No. 330 Is also declared uncon stitutional In that It maker ) u discrimination between flro Insurance companies and labor organisations. That act declares that noth ing In It shall too construed to prevent any assemblage of laboring rrcn from parsing regulations they think proper In reference to wages and the compensation of labor. This discrimination , It Is alleged , Invali dates the act , Again It U alleged that ecnato file No. 2 tends to revoke the companies' authority to do business In Urn etato without judicial In quiry , The act given the auditor ot public accounts the right to revoke this authority , Jt Is assorted that this Is out of his province and should tbo properly placed In the hands of the department known as the Judiciary under the constitution of the state. It Is aesertod that the provision that an appeal may bo taken to the district court Is void from the fact that the auditor Is not a Judicial body and that , therefore , the Judi cial department of the etato can not take cognizance of his decisions and ) acts. On these and other grounds It Is asked for the court that the auditor be enjoined from summoning any of the officials ot the com panies for examination , or from entertaining any complaints that they are violating the provisions of the acts or from Issuing any order revoking their authority to do business In tbo state. It Is also asked that the attor ney general and County Attorney Baldrlgo bo enjoined from beginning any criminal prosecution against tbo companies for violating lating the acts. WHY THE ATTORNEYS COME IN. Tbo attorney general Is Included amongst the defendants because ho Is given power by tbo statute to bring criminal prosecution. County Attorney Baldrlge Is picked out from all the county attorneys In the state. Tbo attorney of any county In the state U author ized to bring action against tbo companies In tbo district court for tbo violations , It Is THE BEE BULLETIN. Wf-ither Torccait for NVbriukn Itnln or Snow , UnMcrly Winds , rug * . 1. Cnnnt I'strrlmfy on Trlnl In I'nrl * . HlR Inilmiiitty Donmndoil of I rnnce , .N'rhnulm Inmirnnrc I-avr AMtlletl. Hntinii U Ono Vote bhy. 2. CorliPtt < 3. I'opiillntM Tr.ilnc to All About ixUMltlnii : | % llntctt I IMItorlil iind < ' < i"n > : 5. Iliiwulliiii Dcclnlon In Krliom of the 0. Council lllufN 7 ( Iruuml N m West. 8. TnuiHnil Contrst. Itoccptlou to Olllcrrg. 0. Mm u Itti MnUoii [ > r. Utnti IliifttlliiK ror W" JlxpuMtlnn. Hartley Locked In re Cell , 11. Oominprchil nnd riimnclnl News. IK. "Tim Tntim ' " "I Ada , " lilt of Ilollntiil In Aincrlrn , alleged that too much rxpcnso would be Incurred by bringing proceedings against nil the county attorneys In Nebraska , nnd , therefore - fore , County Attorney Baldrige was selected ai their representative. Attorney General Smyth yesterday staled that the action was a surprise to him. Ho Mill be liad not contump'ated bringing any proceedings against the companies and did not think that Auditor Cornell was In tending to do so. HE ISStEll A WOKTIII.EbS CHECK. 1'riiker I nilor Aricst Clinrm'tl Mltli MEW YOKK , Jan 10 W. T. Gocrdcs , a member of the Consolidated Stock and Pe troleum exchange of this city , Is In Jill to night , charged with hiving attempted to swindle the firm of William Haley & Co , members of the Stock exchange , out ol ? 1S,000. Gocrdes offered a certified check for ? 1S- 112.GO , signed by J. L. Hives nnd drawn en the North Side bank of Brooklyn , li. ( payment for sonic stock he had bought. The check was turned over to Mr. Haw ley , who observed that the cetlflcallon was without date. i On telephoning to the Noth Side bank it was learned that Rives had no account there. In the meantime Goerdcs had gone to Broker L P. Mendham , only two doors away , where he negotiated a loan of $10- 000 on the stock. Mendhnm gave Goerdcs his check for that amount , drawn on the West ern National bank. Goerdcs went to the bank and had the check certified. Then he went to Zimmerman. & Torshay's and asked to"1iavo the cbe'ck converted Into Spanish cold. Goerdcs said he would , return for the gold In an hour. Ho had hardly cone out of the door be fore Zimmerman & Forshay received word that Goordes uttered n worthless check The Wall afreet detective bureau was noti fied and when Goeides returned ho was ar rested. COMIll'ITEE IS PI.EVSEH. WeiiilipiM Snv 'They Wore TrcntcMl AVII While li Oinnliii. CHEYENNE , Jan. 10. ( Special Telegram ) Governor Illchards , State Engineer Mead and President Graves of the State university , sent as a committee to Omaha to sdcure space for a Wyoming exhibit at the coming exposition , returned today. They report having secured 840 square feet of space in the main buildings in an advantageous loca- tlo.i. They weio unable to secure free space In the mining building , the present arrange ment contemplating a charge of ? l per square foot for tpace. The committee did not enter Into any arrangement for space In this building , but arranged to reserve the space for one week until -those In charge of the matter of lalsing state funds for the exposition could be consulted. The com mittee was greatly pleased with the appear ance of the buildings In course of erection and with the progress which has been made getting ready for the exposition. While In Omaha the committee was treated with the utmost kindness and courtesy. COLLIDES WITH I.OI1ED KI , VT CAR. Sovrnl 1'iirllcN Art * Injiirril anil I'roii- orty IN DiiinnKiMl. iMUNCIE , Ind. , Jan. 10. Passenger twin No. 40 on the Fort Way no & . Cincinnati dl- vislco of the Lake Erie & Western collided with a flat car loaded with steel bars tonight Just south of Munclc. The engine was badly damaged , as was the mall car und tbo fol lowing wcro moro or lens Injuicd by being thrown from their seats : William Neff , Cowan , Ind. ; ib ! fractured P. Karquhar , Munilo ; back spralnad. D. M. Tuttle , Cowan ; teeth knocked out. Hannah Garrett , Covvuu ; leg eproli.ed and teeth knocked out Postal Clerk Kennedy , cut on head by fall ing lamp. Engineer Cranston narrowly escaped from being pinioned by a bar of Mcel that pene trated the cab. The freight car had been loft en iho main track by a belt switching crow , IMtlCU OK CAMLES IS REDUCED. Unto nt DaTVNiin City IH N < mI'lftj t'CMltH Elll'll. POIIT TOWNSEND , Wash. , Jan. 10. Nine- men from Daw son City arrived hero today bringing advices up to December 9. All say that whllo provisions are ficorco there will bo no starvation. Provisions ran still bo purchased from ? 1 to Jl.GO per pound , Can dles have been reduced from (1.25 to CO cents each , The trip out was made without spe cial Incident , dog teams being used , The coldest weather reported at Daw son thus far waaGS degrees below zero. 1'oiiiul Mcml In HIM Hum. YOUNGSTOWN , p. , Jun. 10-Davld O. Hall of Hubbard , nn Iron manufacturer of the Muhonlner valley , was found dead In his barn yesterday evening , Hl body was hanging over u manger when discovered , Ho was DJ years old. Heart disease Is thought to have caused his death. Movpinrntu nf Orran VI > K UM , Jun. 10. At aibraltni Arrlvcd-Kalser Wllhclm II , from New York. At Hamburg Arrived Alesln , from Bal timore , At Antwerp Arrived Kensington , from NevV York. At New York Arrlvcd-Ln Gascognc , from Havre ; Furnessla , from Glasgow. At Southampton Arrived Knlscr Wll- hulm der1 Grosae , from New York. At Rotterdam Arrived Obdum , from New York. Balled Amsterdam , for Now York. At Llzard-Passcd-Palatla , from New York , for Hamburg , , / 1IAKGS BY ONE VOTE Sonatoritil Situation in Ohio Too Olcso fo } Comfort. REPUBLICANS LACK ONE OF A MAJORITY Opposition is the Stronger , bnt is United , BALLOTING WILL BEGIN THIS AFTERNOON Many Surprises Are Promised as the Vote Proceeds , LEADERS EXPtCT NO ELECTION TODAY Senator HIIIIIIII'N TrU-mln Sny Thej ; ( Will Have ontj-Two Votfx , WliU-h IH One Short ot the Annthur , COLUMBUS. O. , Jan. 10. Senator Hanni Is bcllo\cd to bo short tonight ono \oto of election. The opposition Is nut sure oC Gcvcnty-tlirco votes for any ono man , na against only seventy-two for IItuna , but they feel confident at leant of preventing HannVs election. Last night the democratic Atocrlni ; com mittee dcmaiulcd of Air. Iviittr that ho fur nish nt least eight nllldnviU rouight from republican members that the ) would stand with the sKty-fivo democratic members In voting against llanna. The democratic steeling committee reported tonight that It was satisfied. Hepresentatlvo Gay man , chairman of the house democratic commit tee went "o far as to bay Hanna's defeat tomorrow was a&surcd. There Is no doubt that Senator llanna , was beaten for n week pic\Inns to list Fri day , when Representative Manuel of Mont gomery county changed In hU fa\or. On Satniday the Ilnnna men secured lleprc- Bcntatlvo Grinith of Union , but they made no accessions yestcrdiy and today and It 1 * the General belief that they are short ono \oto tonight , It has been agreed * uy a conference com mittee that the Iwllotlng In the two house * will not begin until 2 p. in. tomorrow anil thcro may bo sc\cral changes In that time. The real work of the fight on both sides Is being done tonight. The workers will nets sleep no\- until after the billeting begins. Thtro In a feeling among many ot these opposing llanna that it bo is not defeated , 0:1 : the first ballot , or rather by the separate - arato ballots tomoriovv , that ho will not'bo ' defeated nt all. These antl-IIanna worker * say they had n majority of five against llanna when they exposed their sticngth In organizing the legislature last Monday and It they rome down to a majority ot only on against llanna tomorrow that the coalition , may not hold together for another day. While the opposition fitlll Insists on Kurtz as the candidate against llanna , yet It saj-j that Dushncll , Kurtz or any other ono will bo dropped as sooiu ns It is demonstrated that ho cannot secure all of the- votes ot cither the antl-IIanna republicans or the democratic members. Ono of the names most prominently mentioned today was that of lleprescntallvo John V , Jones , who rep resents Stark county , the homo of President McKlnlcy. Mr. Jones Is n icpubllcan and n. prominent man In the miners' union. Ilo IH for frco silver and Is advocated oa the laboi- candidate against the capitalist. E-NTE11TAINED BY THE OPPOSITION. While the mass convention of the repub licans this nfteiincon was the largest ami most Indignantly enthusiastic assemblage ever known In this Htite , the doubtful icpub llcan members of the leglslatuio did not BCO It or feel it. They weio closely and liberally entertained by the opposition at the Great Southern hotel duilng the afternoon , and they are there tonight. llcpicsentatlvcs Manuel , Grinith , Snider and othcra aio hav ing the- undivided and constant attention ot the other aide. There are nt times lively scenes when ) Hnna workers Invade the looms of the oppo sition at the Great Southern hotel , ( ind a eo when the hustlers for the opposition come to the Nell house after sorno of the doubtful members or their frelnds. Tncro Is tonight doubt also about the final -vote of someof those on which botb sides IMVO been depend ing. The result really lungs in doubt moro then In a balance. With the rcault pending on ono vote cither way , there arcccvoral who want to bo on the winning Fide and may at any lime change- according to their belief as to which sldo hca the necessary Rovontythicootcs , or for some other cai.tc Owing to the apparent closeness of ttc vote- there are still numer ous rumors of bribery for another vote each way. It Is noted by some of the moie coneervi- tlvo observers that a * foon as no further changes were announced web day that the contending fictions nlteinated In dally re ports ot bribery. The Ilanim men say they have stenographic notes of an offer ot $5,000 by two prominent members of the opposition. The opposition In turn assert that 8. D. Hollcnbcck , n member of the republican state exccutlvo committee , went to Cincinnati ladt Saturday with ? 10,000 to sccuie the wife ot Hoprcsontatlvo Otis. HeprcEonUtlvo Otis Is a republican , who vvaa elected on a fusion ticket In Hamilton county. Ho has voted with demociata In the organization , but It Is bald ho in a do friendly overtures to Hanna workers to entrap them Into an offer for the purpose of exposing tlio amo , and that he > will do so on the lloor of the house tomorrow , It la r/ild tint ho will pllo $10,000 on his desk and make a rensa- tlonal speech when Ills name la called ewt the senatorial ballot , The Hanna men make a general denial of the Otis charges and say they antlUpata other dramatic performances tomonovv be fore the balloting begins , auosvENOii's CUUT IIEPLY , Congressman Grosvcnor , who made a mcwt vigorous 8prci.li at the mass mce'tlng today , and has been hero for Hanna for over a vvuck , has written a peculiar letter. A convict In the Ohio penitentiary , Jame H. Wiggins , serving a twenty-year term , has been endeavoring to get out. Ho had correspondence with Grosvcnor , whom ho desired to employ professionally , In tula mornlug'ii mall a letter was received for , Wiggins from Grosvenor , a Bettors to con victs are opened and road and when the ono from Groflvenor was received It was turned over to Warden Comn. The loiter < was writ ten on a letterhead of the committee- mines and mining , ot which Grosenor 111 chairman , and bore tbo date of January 8. 1SS8. It IB as follows : I James U Wiggins , Ohio Penitentiary Columbus , O. ; Dear Hlr-I will not uu.aujC4
