THE OMAHA DAILY EE .ESTABLISHED JIINT1D 19 , 1871. OMAHA , SATURDAY MORNING , SEPTEMBER. 24 , 1898 TWELVE PAGES. SINGLE COLT FIVE CENTS. HEROES AT THE FAIR Veterans of San Juan Hill the Quests of Honor at theExposition. . REMNANT OF GALLANT TWENTY-SECOND All Who Escaped Spanish Bulleta and DIBOOBO Welcomed by the People. LIONIZED BY THE ADMIRING WOMEN Men Who Oamo Homo from Ouba Made | Glad Thny Are Spared. FRIDAY PROVES ANOTHER BUSY DA Attendance I.a rue nnd I'niiminl ' Inter- out Hlmwn In Kvrrj tiling ' " > ' the Vl lt r Saturday I'romlncM Another ( iood Crowd. Totnl AdmliiNloiiH Ycxlorday 23,221) ) Total to Dale l.r.r.S , KIT It there had not been such tremendous masses of people nt the exposition on the two preceding days yesterday's visitors would have been alluded to as a big crowd. Dut since the record was BO emphatically broken a matter of 23,000 or 30,000 people U regarded as just an average showing , and this was pretty near the size of It ) yester day. The thousands of Woodmen and Iowa visitors who had Inundated the grounds the day before were generally turning their faces homeward , but they left enough be hind to filr the cnclosuro as comfortably as could bo desired. The only unusual feature was the pres ence of the Twenty-second United States Infantry , which spent the day on the grounds as the guests of the exposition man agement. With only live of the thirty offi cers who led the regiment away from Fort Crook remaining nnd only 183 of the en listed men the veterans who did such noble service In the assault at San Juan brought to the White City a vivid reminder of the fact that a battlefield Is not n playground. H wns Intended that the day should be a merry holiday for the soldiers , but when the col umn wheeled through the gates Its meager numbers Impressed the npectators who had gathered to welcome the regulars with n sentiment that was more pathetic than Joy ous. Hundreds of those who saw the regi ment enter the grounds this .morning wert also present when It started far the front nnd when they saw less than 200 officers and men to represent the magnificent organiza tion of a few months ago they almost for got to cheer as they thought of those for whom the exposition gates could never open. Dut If the eoldlers shared the sentiment it was not apparent. Few of them had ever seen the exposition befora and as they con fronted Its magnificent proportions they rould express only surprise nnd admiration. They lost no tlmo In scattering over the grounds In an enthusiastic effort to see the wholfl show during their holiday and In half an hour the service uniform was In evidence all over the Inclosurc. flioivlufr/ThMiM TliriiiiKli tlio 1'rilr. The soldiers arrived nt the north gate just before 10 o'clock In the special train that was provided for their use by the Missouri Pacific railroad. They were met by General - oral Manager Clnrkson , who Informally wel comed them to thp grounds , nnd by A. J. Webb of the Admissions department , who attended to the ceremony ot running them through the gales. ' Ranks were broken without delay and the rank and fllo were turned loose until dinner time , while Major Vanllorn , Captain Jones , Lieutenant Hall nnd other officers were conducted to the Ad ministration Arch by General Manager Clarkson and provided with such Informa tion as might assist them In making the most of their day. Although the Twenty-second was sta tioned nt Fort Crook only n short tlmo be fore the commencement ot hostilities , there wna no lack ot friends to assist them In the enjoyment of their picnic. Some of them broke up Into small groups , but not a few were seized upon by feminine admirers nnd hustled off to be lionized. Dut these follcl- tutlona were necessarily brief for at noon the mess call brought the soldiers to Mar ket's cafe , where an abundant repast had been spread by the order of the exposition management. The long tables In the south casino were amply sufficient to accommodate the entlro party , nnd after nil had beim - fortnbly seated the officers withdrew and Joined General Manager ClarRson at lunch on the other side. In neither case was there nny spcechmaklng or formality. The grub was produced In abundance and the soldiers showed their appreciation by get ting oulsldo of It with the name enthusiasm that they exhibited In fighting Spaniards hround Santiago. When nil had been satis fied they dispersed again to spend the remainder of the day and evening according to their various Inclinations. Their train did not leave the grounds until 0:30 : last nlght ) , thus giving the soMIers an opportunity to see the presentation of the battle piece on the Plaza and have a view of the magnificent Illumination of the main court. Today will bo Traveling Men's day nnd It Is expected that several hundred drum mers will bo on the grounds. It will also bo a holiday for about 800 poor children from Lincoln , who will visit the show ns the guests of I ) . K. Thompson of that city and bo entertained by the Doard ot Women Managers. 1MMA.VS Xr. Tlliill IIOUSKS. ruchlon Prepare an Adobe IlnlldliiK anil the \Vleliltnn One of Straiv. The Pueblo Indians are proving to bo the best workers In the village. They nre hard nt work manufacturing brick for their adobe house that will bo erected nt some point west of the Saca and Foxes. Thcso Indiana are small , but this does not decrease their capacity to put In full time. Every morning they nro up with the sun and work right through until the whistles blow for noon. At 1 o'clock they nre out and nt work ngaliu continuing until the sun goes down. Up to dnto they have made about 1,000 brick and will require about twice ns many more In the construction of their house. In manufacturing their adoba brick the Pueblos dig a hole In the ground , taking off the top Boll. When they reach the clay subsoil they turn In water and mix the - ( earth to th deslrad consistency. After thla the brisk are put In rcJulds , carried to , n level tpot nnd there dumped to dry In the sun. The brick are eighteen Inches long , three Inches thick and twelve Inches wldo. The straw house that will be occupied by the WlPhltas U about completed nnd ready for oacupancy. It Is located In the extreme nojthrust corner of the grounds and Is dally frequented by hundreds of visitors. Most of the wotk In the construction of the struc ture was performed by the women , an In dian , Towanka Jim , bossing the job. To do this boselng he sits on a pile ot hay near ( Continued on Fifth Pago. ) PEACE COMMISSION ARRIVES Cnnniniila irllh the. Member * tin Iliiunl SlcnniH Into ( lie llnr- liur of UueoiiitOMii. ( Copyright , 1SOS , by Press Publishing QUEKNSTOWN , Sept. 23. ( New York World Cablegram Special Telegram. ) The Campania touched hero today at 2 p. m. , having the members of the peace commis sion on board. Owing to n heavy sea the tender was unable to lay alongside outside of the harbor , consequently the steamer had to enter port. As It steamed Inside the harbor the peace commissioners and party admired the harbor from the saloon prom enade. The trip across the Atlantic was uneventful. The weather generally was fine , but fogs were encountered on the second day out. The voyage was no novelty to Senators Gray , Davis and Fryo or Whltclaw but It was Judge Day's first trip across The voyage passed without commissioners taking passenger amuse- Gencral charge of was In the hands of Hon. John McArthW assistant secretary of the commission , nnd Arthur William Fcr- gufion , who will net as Interpreter. Senator Gray advised beforehand taking a stateroom nnd a special stateroom was set apart dur ing the voyage for the members ot the commission. The stateroom wns furnished with maps and charts , the original Intention being to hold a preliminary session on board , but the stateroom wns locked and unused during the entire voyage. The passage was calm and none ot the party was sick , except Mr. Frye , who was unwell during ons day. A concert was given on board Thursday night for the seaman's orphanage fund , which helps the families ot both American and British seamen. Senator Fryo acted as chairman of the concert. Mrs. Fryo wns unable to be present through Ill ness. After the concert Senator Frye made n short address , referring to the qualities of the sailors ot America nnd England , and the great victory by the British over the Span ish armada nnd the victories nt Manila and Santiago by American sailors. Charge d'Affalres White makes arrange ments In London for the members' ' of the commission nnd they will probably stay at Hotel Cecil , where they will rest a day or two over Sunday and go to Paris by Dover and Calais. CALM BEFORE THE STORM Omlnoiin Quiet In Parln Indicate * the of n llcvolu- tlon Soon. ( Copyright , 1S98 , by Press Publishing Co. ) PAniS , Sept. 23. ( New York World Ca blegram Special Telegram. ) There Is that hush hero which precedes great events. To morrow's decision ot the special commission means revision or revolution , peace or sure war. The question no longer concerns the guilt or Innocence of Dreyfus. Now It Is : "Shall the army rule the people , or the people - plo rule the army which shall be supreme , the civil or the military tribunals ? " There are no barricades In the streets of Paris tonight , but If revision U refused they are certain to rise. The Dreyfus press is so confident of popular support that It now dares to call Felix Faure canalllo on ac count of his non-interference. PARIS , Sept. 23. Mme. Paulmler , wife of M. Charles Ernest Paulmler , member of the Chamber of DcrmUenfrom the department of Calvadcs , has added another tragedy to the bewildering Intricacies of the Dreyfus plot. plot.Mme. Mme. Paulmler today entered the offices ot La Lanterno and asked to see M. Mllerand. M. Mllerand was absent and M. Olllvler , who wns present , stopped for ward to receive the woman , who , without waiting for an explanation , whipped out a , revolver and fired twice. M. Olllvler fell to the floor wounded. Ho was taken to a hospital. Mmo. Paulmler wns taken Into custody nnd when questioned said : ' "I wished to kill M. Mllerand. " She alleged thnt La Lante no had slan dered herself and her husband , because her 'husband ' had written the letter to General Chanolne , the minister , of war , with refer ence to putting a stop to the attacks on th army provoked by the Dreyfus affair. The military authorities , have accom plished their plan of stlfllne Colonel > Plcquart by placing him au secret. His counsel , Maltro Labor ) , has twice appeared at the office of the cleric of the court-mar tial and applied for permission to see his client. On both occasions he was Informed that Plcquart had been placed au secret and could be seen only on nn order from the authorities , -which order M. Laborl will be unable to secure. GARGIA'S CORDIAL WORDS Cnhan General In Hccclved nt Snnd- IIKO tilth Ceremony and -Milken nil AddrcHH. SANTIAGO , Sept. 23. To the residents of Santiago yesterday was the most Important slneo the capitulation , since It was the occa sion of the first visit of General Callxto Garcia to Santiago since he left there In a bad temper July 1. General Wood , with a portion of General Lawton's staff and several American officers , met General Garcia outside the city limits and escorted him Into the town. Garcia was accompanied by his staff and by his son , Colonel Callxto Garcia , and by many Cuban officers who have recently como to Santiago and by 200 Cuban cavalry. The streets through which the party passed were thronged with cheering people and It was estimated that 10,000 persons filled the plaza In front of the palace where Garcia ills- mounted. Ho wns met nt the door by Gen eral Lawton and an Informal reception by the American officers wns held In the nudl- cnco room. At night another reception was tendered Garcia at the San Carlos club , which was filled with prominent Cubans , American officers and women. The plaza was brilliantly lighted and decorated with flags and music was furnished by the band of the Fifth Infantry. The Americans wore dress uniforms and General Garcia and his officers worn white uniforms and high boots. In reply to a speech of welcome delivered by Senor Trujlllo. editor of the Porvenlr , General Garcia said : People of Cuba , wo owe n great debt to those heroes for their efforts In behalf of Cuban Independence , efforts which would have been useless no , not usless , for wo would have triumphed , but not speedily , however. If the American people with Its famous fighters , great ships and dauntless army had not sent Its own sons to shed their blood with ours. A grand nation It must bo when the sons of millionaires , who hod nothing to gain In Cuba but a soldier's glory , should como hero to die side by side with Cubans To thla great nation , to this noble coun try which bus always fought for the rights of liberty , we owe the achievement of oui Independence nnd the consummation of oui Ideals. Our gratitude will long live foi America. General Onrcla's epcech , which was de livered with considerable vxpresulon , urousci much enthusiasm among the Cubans prcs cnt. General Garcia will remain In San tlago for several days as the gueet of the of thb city. VESUVIUS IS QUITE UNEASY liatorio Volcano is Going on at a Great Sato Once More. PEOPLE IN THE VICINITY ARE IN DANGER Cltlen nnd Towns .Near Hy May Yet Suffer tlic .Au fnl Fate of Ancient llercnlanciiin r.nil I'niaricll. Copyright , 1S3S , by Press Publishing Co. " ) NAPLES , Sept. 23. ( New York World Cablegram Special Telegram. ) Vesuvius , after n lone rest , Is once more belching smoke and flames nnd lava. Where the > resent series of eruptions will end none can tell , but many residents here profess o fear the destruction of Naples , though or the most part they nre cheerful and aughUig , as were their ancestors of Pom- pell and Herculaneum Just before they were eternally burled. A panic prevails at Terre del Greco , vhlch Is on the coast , thrco miles south ot Ilcselna. This town has n population of 23,000 happy-go-lucky Italians , whose greatest Industry is selling relics , guiding- ravelers , telling lies to Americans nnd soiling wines. So great was the terror at Terre del Greco that Cardinal Prlsco. the nrchblsh. < jn of Naples , proceeded to that own with a large body of clergy and cele- > rated a special open-nlr service and offered up prayers , In which he Implored the Al- nlgh'y to cause a cessation of the eruption of Vesuvius. Thirty thousand persons nt- endcd the services. They came from the entire Vesuvlnn territory. Immediately after the conclusion of the beautiful and mpresslvo ceremony there seemed to bo a limlnutlon In the How of lava , or the In- labltnnts so believed , and there was great rejoicing. At all the churches special prayers are being dally offered up. Dentruction I'rcdletcd. The oldest Inhabitants have alarmed the people by announcing that the town Is in great danger of destruction. And , Indeed , one of the lava streams is certainly flowing n that direction. Nor would It bo a now : hlns for lava to flow In the streets of Terre del Greco. The town was almost wiped out In 1651 and twice In the eight eenth century the lava crossed the towu Imlts. In 1857 It suffered from ono of the earthquakes that nre a part of the volcano's diabolical performance. The eriiptlon ot 1SG1 deluged the town with burning ashes md caused thousands of dollars In damage. 3ut the pcoplo smiled and said It wns part ot their fate as Vesuvlans and then they rebuilt and bothered very little thereafter about the pall of black smoke hanging over : hem. Dut they are terrified now and are ircparlng to flee. Vesuvlan mothers In Terre del Greco put their babes to bed with , prayers more fervent than usual nnd with nn anxious glance up at the crater , from which roll dense clouds ot black smoke , .he lower edges of which are stained with .he blood red reflection of the molten stuff boiling In the cauldron below. There are watchmen posted on the hills by which the ava must flow , ready to give the alarm. Science has added to the security of the Vesuvlans by giving them the telegraph ind telephone. If this town is to bo de stroyed there need bo no Joss of llfo If the u-ople will only leave In time , but familiar ity with danger has made the Vesuvlans incredulous nnd often it Is too Into before Lhelr start. That was the case at Her culaneum and Pompeii , where no lives need tiavo been sacrificed. The Vesuvian peasants on the hillsides are the most apathetic people In the world. The temperament that allows them to till the soli and plant vineyards on the side of a volcano that may destroy them at any moment Is one that ls not easily disturbed. Ordinarily when Old Vesuvius ( "The Chim ney of Hell" they call It ) begins to fume and fret and rumble they do not go to the trouble of crossing themselves. They go on raising their coarse , sour wlno nnd sell ing It to such strangers as their accomplices and relatives , the guides , deliver up to them. I'cammtry Alarmed. Dut now nt last they are thoroughly alarmed. They are not waiting for the front of the lava stream to push them out ot their homes. They are moving out with whatever they can save , leaving the lava to devour their cottages and outbuildings and vines. Hundreds of cottages , the solo pos sessions of the peasants , have been wiped out. In strange and nwfut contrast with the spectacle of the wretched , ragged Vesu vlans flying before the destruction , are the crowds of sightseers who laugh nnd revel nmld the magnificent spectacles of flro and flame. Hundreds of guitar and mandolin players wander on the hit/sides / In holiday garb nnd in holiday spirit. Their songs and strumming mlnglo gruesomely with the hysterical and despairing cries of fugitives. Dut Italian generosity has already spoken and plenty will be done for the Vesuvlan sufferers. Subscriptions have been opened In the cities. The government has sent BO- 000 lire ( $9,650) ) , and the king has contrib uted 10.000 lire ( $1,950) ) to the relief funds. The damages to the orchards and vineyards are enormous. The crop was not gathered nnd thousands of acres are wholly wiped out. out.The The citizens of the adjoining towns , which are entirely safe , are making so much money out ot the sightseers that they regard the eruption as a lucky event. Hotel keepers at Hcslna and Terre del Greco , who are themselves frightened , are gathering In as much money ns they can before the lava comes their way. "Wo must charge big prices , " said the keeper of a pension at the last named town , "for wo may be de stroyed , and after that we must have some thing with which to rebuild. " Feature * of the Kruptlon. Last night the outline ot Mount Vesuvius was lost In the darkness except when a dazzling electrical discharge lighted up the panorama. Over the central cone hung the vast characteristic pine-shaped mass of smoke and ashes motionless , like a bird of evil hovering over the peninsula. Occasion ally came flashes of bright red and then flashes ot purple and gvny from the gigantic furnace in the-'bowels of the mountain. And every now and then the crater vomited volumes of ashes and huge stones. Dy these bombardments fifty persons have been wounded. The advanced shelter nnd restau rant of Cook's Tourist agency , which la near Vesuvius and which many Americana who read this will remember very well , was completely destroyed by a shower ol rocks and cinders. The employes wert obliged to seek shelter at Pompcll. On September 19 occurred In Naples th ( miraculous ceremony of the liquefaction ol the blood of St. Januarus , the city's patron saint. This ceremony takes place thret times a year and If the liquefaction Is raplO It Is a good omen for Naples , while If It Ii slow misfortunes may be looked for. On thi last occasion the liquefaction was very quick greatly to the relief of the Neapolitans , wbc lay great faith In this miracle. St. Franclf da I'ola prophesied that Naples would bi destroyed ultimately by an eruption of Ve > suvlus and Naples would be terrified a thb tlmo , fearing that Its hour of doom bat canto were It not for the happy result o the Januarus miracle. They say that It the city Is to get It It will not bo this year , as nothing of very serious evil can happen to U befora next May , when the miracle recurs. Palmier , the meteorologist , said before he died that he bcllved Naples WOB safe from Vesuvius. It Is nine miles away , three miles further than Pompeii , and thU distance made all the difference. Oesldes , that the prevailing winds do not blow froM Vesuvius toward Naples , which Is nn Im portant point , as the dense masse of lava and cloud of dust and r.shes nro controlled largely In their course by the nlr currents. During the present eruption ashts have been carried ns far as Ceprnno , which Is In the Homnn province , about seventy miles In an air line from Vesuvius. Siilitcrriinruti lltnrltanccn. Symptoms of subterranean disturbances Ahlch It Is believed nre connected with the eruptions , hnvo occurred In several places. There has been an earthquake nt Maeernta , near the Adriatic , In Mnrclio province , dl- rcntly on the other side of the peninsula. At the last writing there are eight craters In active operation on Mount Vesuvius. Three emit lava , two sulphurous emoka and steam and three ashes and Inplllt , or small stones. The authorities bellevo that Votrana nnd Crocello nre In more danger than over. The observatory Is menaced nnd all the valuable Instruments liavo been removed. It Is feared that the funicular or cable railroad up the side of the mountain may IK > partly de stroyed. It Is owned by Thomas Cook & Son. Engineers have made successful photo graphs of the eruption from a balloon , a feat that wns attended with great danger. The balloon nt times wns enveloped In smoke and U wns feared that It wns destroyed. Many wells In the Vesuvlan neighborhood have dried up nnd there Is a great scarcity of water. Prof. Tacchlnl , director of the Roman observatory , suys he believes the eruption will bo extremely serious nnd prob ably will continue wHh Increasing violence. An enormous quantify of molten matter must find an exit through the craters nnd fissures. Ho declares it Is Impossible nt this stage to foresee the results. Ho believes the earthquake shocks in. different parts of Italy nnd the eruption uro duo < to the same causes. Aliunnt Itonntrd Alive. The great meteorologist , Lulgl Palmier , whoso observatory stood in the path of the lava streams nnd who bravely stuck to his post during the fearful and fatal eruption of 1872 , although almost roasted alive , and choked by carbonic acid gas nnd sulphur fumes , had a theory that the eruptions and the phases of the moon had something In common. The belief Is connected with the old legend of the mythological Vesuvius , who was Imprisoned In the mountain by Jupiter , because ho had the temerity to fall In love with Luna , nnd which says that the eruptions nro caused by the struggles of the detained lover to get out Into the open and gaze upon his mistress. The ancients had noticed that Vesuvius wns most unruly when the moon was In certain states and out of that fact probably grow the legend. The present eruption began at the same time that a new moon , arrived and that It Is In accordance both with the legend and Pal- mler's theory. Scientists do not know what the moon haste to do with the matter , though students of volcanoes say that these eruptions are caused by inroads of the sea Into the red-hot bowels of the earth and perhaps the moon by its action on the tides may have something to do with the Vesuvlan outbreaks. The present outbreak of the mountain be gan with loud rumbllts , * . lial suggested In ternal earthquakes. lliu Vesuvlans kaew what was coming and soon a mountain ot solid black emoko , almost as big ; it seemed , as Vesuvius Itself , hung over the principal cone. Then hissing , seething and splut tering , searing the face of nature , burying ; recn vineyards and orchards and swallow ing up every traoa of life or vegetation , two rivers of molten lava descended from Mount Bomma to the north. Moving ; Molten MIINH. The largest of these streams Is 750 feet wldo , or about the width of three city blocks In New York , and about fifty feel high. It advances like a huge serpent at the rate of eleven feet an hour. The bulk of this lava Is enormous. Its frontage Is as much both In height and width as three blocks In a small American city. It Is headed In the direction of the sea. It moves steadily onward with a mechanical regularity that Is appalling. The extent of Its Journey must depend on the mass of lava that Vesuvius vomits. If the output stops then must the flery river cease Its roar , but as long as thousands of tons ot molten rock pour from the crater must the stream push Its way onward , leaving no ono can say how much havoc In Its path. The red hot river proceeds with an awful roar. It Is a dull purple by day , the hot lava cooling rapidly on the surface. As It splits up In moving , the red-hot moss Is revealed hero and there. Dy night the lava has a different color , the red showing clear through the cooled surface. It Is of an angry blood color. It lights up the country for twenty miles around. It Is BO hot , this burning river , that ono cannot go nearer than twenty feet to It nnd even at this dis tance the heat Is almost unbearable. It Is a favorite trick of the Vesuvlan guides to place small coins In the lava and give the tourist the impression that they have made them. This Is not a very dangerous feat If deftly done. An Englishman named Pearson , who tried to get n print of a five franc pleco ns a souvenir by placing It In the molten stone , severely burned hie right arm. Dut the point that Interests the Vesu vlan most Is the question of where the deadly river will halt. There are three lava streams descending respectively toward the villages of Veterana and Crocelle ant the town of Reslna. The last named Is seriously threatened. It Is a place of 13,001 Inhabitants , directly on the coast r.nJ ( ITO miles southeast of Naples. It is nlmoa on the site of ancient Herculaneum and 1 Is built upon lava. It has not been se riously hurt by A'esuvlus since 1G31 , when a violent eruption wrought much havoc there. It Is a place which many Americans visit while exploring the Herculaneum ex cavations. SPAIN MUSTGET RIGHT OUT _ \o Delay to He Tolerated In the Matter of the Kvncnatloii of Culm. WASHINGTON , Sept. 23. A very peremp tory message of Instruction has been sent to the Cuban military commission and by them made the basis ot a note to the Spanlsl commissioners. The authorities In Wash Ington will not make Its terms public , but I Is thought the general tenor Is that the United States will not bo satisfied with any further delay In the evacuation of Cuba. I Is to the effect that the terms ot the protoco called for Immediate evacuation and tha Spanish sovereignty must be relinquished The American commissioners have been In formed that the evacuation of Cuba canno ba delayed , Cnrzoii Halted to n llaronctcjr. LONDON , Sept. 23. It Is officially an nounced that Hon. George N. Curzon. untl recently parliamentary secretary for th forelcn office , who Is ( o succeed the caret ot Klgln as viceroy ot Egypt , has becu elo rated to the prcraco as Harem Cirrzoa o Kcdclatan. IOLDS JIOORES INELIGIBLE Snpreme Court Decides the Quo Warranto Oaso Against the Mayor. USTICE NORVAL'S ' VIGOROUS DISSENT Minority Opinion lloliln Unit cntVu * WronufiiMy IH-prlvrU of . n Jury Trlnl nnil that by Itvfrrrr Wn W LINCOLN , Sept. 23. ( Special Tflcgram. ) The supreme court this afternoon ren- cred It's decision .In the D * roatch-Mdorcs aso Involving the mayoralty of the city of Omaha. The decision of the court uphold * he finding ot the referee before whom the aso had been tried , nnd holds that Moores s Ineligible to hold the office. The opln- on Is written by Commissioner Itynn. Judge Sullivan writes a concurring opinion ir. vhlch he disagrees with tome of t'he points n the majority opinion , but agrees in ths naln. Judge Norvnl writes n dissenting opinion. The syllabub of the majority opln- ) n Is ns follow ! , : "The hletory ot quo warranto examined nd held not to furnish n basis for the do- ? tmlnntlon of the q.icsflon of whether or not a jury trial In this state is demandable ns n matter of right. " 2. The provisions of section C , article I , of tic constiuu-cn of Nebraska consM"r li.l -ad , in conni-elion with provisions of Tic st.nute of existence nt the time of Its u top- Ion , held not to entitle respondent In a quo wnrrnnto proceeding to demand n Jury 'or ' the trial of the Issues of fact to be determined , as a matter of right. * " 3. Whcro Jurisdiction Is In direct terms conferred upon the supreme court of this state. It will bo exercised In such man ner ns constitutionally It may be exercised , even though no rules of procedure appl lea- do to Bitch case have been provided by the eglslature. Care of 1'iilillr Kiiiulii. " 4. A clerk of the district court who , inowlngly nnd Intentionally deposits public noneys received by him In payment of fines mposed In his court together with other rust funds and his own prlvnto funds In a > nnk In ono general account to his own ndlvldual credit , and before ho has paid said fines to the court treasurer as provided ly law , knowingly , willfully and Inton- lonnlly draws from said bank nil ot the funds so deposited and uses the same for the mrposes other than the payment of said Ines , thereby converts said funds to his own use and IB probably held In default within the meaning of section 2 , article xlv , of the constitution of the state nnd is therefore ncllglblo to nny office of trust or profit duriUK the existence of such default. " The opinion holds that the uppolntmcut ot the referee In the case was justified by the law and precedents , and quotes at con siderable length from his findings. It holds that in a case ot this nature a jury trial could not bo held. Moorcs In held to have icva a. collector nnd custodian ot the public : unds under the constitution , and the fact tbat bo held public funds In his possession and deposited them in the bank ns part of his private funds constituted a defalca tion which Intentions of future payment or restitution could not palliate. ClitHl'aif Wouiln of Opinion , The opinion closes as follows : "Tho reporl of the referee disclosed facts for the exist ence of which the fault of deputies or over sight on part of their principal was no ex cuse. The fines and penalties which he neg lected to account for und pay over belonged to the school fund of the state under the provisions of section 5 , article vill of our con stitution , and the county was merely cus todian therefor. It would have been therefore , no excuse for him to show and for the referee to find that the county was Mr. Mooros' debtor with respect to other Inde pendent matters. It would bo n harsh rule which would hold a clerk liable for the mere failure to pay over fines Irrespective of over sight or other unavoidable excuse. The report of the referee , however , shows and the evi dence fully sustains It , tbat some of the fines therein mentioned were carried from month to month ; that the Wallenz fine wan not held by agreement of parties , but because of protest against paying by attorneys of par ties who had no right to control payment. Conceniliiic Tnmt KnnilN. "Near the close of Mr. Moores' term It was shown by the evidence and found by the referee that the bank account of Mr. Moores was overdrawn , that In his account there had been deposited to bis own Individ ual credit the fines which ho failed for a long tlmo to pay over after the same should have been paid and that , by his overdrafts , the amounts of thcso fines had been ap propriated to bis own use. Indeed , In his testimony , Mr. Moores said that If ho had known that there was to his credit In the bank a certain small amount ho would un doubtedly have drawn It out. There was sufficient evidence to justify the conclusion of tho'referee that this appropriation of pub lic money was willful and corrupt , and this was a question of fact with all its concomi tants' ' . "It could not operate to Mr. Moores' ad vantage If It had been found that ho wns a man of larger means and credit. The only logical meaning this could have had wouli dave been to show that Mr. Moores coulc make good his default , and this consideration has doubtless lurct many , It not most defaulting offi cers , to take risks which have ultimately proved their destruction. In a majority of cases of defalcation It Is quite likely that the flret rulsfiapproprlatlon was made In the full confidence that It would be made good and no one would bo harmed. There Is no middle ground cither of safety or honesty. Trust funds must be held sacred , and the officer who appropriates them to hU own use must be held to be guilty of n breach ot trust , no matter how able and willing he may afterward prove to be to replace the misappropriation of that which was not hta own. The exceptions and objections of the respondent have been sufficiently met by these general observations , nnd It remains but to say that wo approve the findings of the referee und that Judgment will accord ingly be entered In accordance with his roc- ommendalons. " JllllKI * SlllllVUIl'H IIlNNCIlt. Judge Sullivan In concurring In the con clusion of the opinion as written by Com missioner Kyan said : "While concurring ID the Judgment I feel constrained to express my dissent from the proposition tbat the first clause of section 2 ot article vill of the constitution Is directed only against those who are In default either as collectors and custodians of public money or as collectors and custodians of public property. I thlnl < that the provision should be construed a : though It read : 'Any person who Is IE default as a collector or custodian of public money or property. ' etc. A constructor based on a literal reading of the clause 1s not merely unreasonable but lead : to an absurdity. There never has been am there Is not the slightest reason to t > uppo3 ( there ever will be In this state such at office a that ot collector and custodian o public property. That the framers ot thi cnnuUUitfon or the electors of the atati TODAY AT THU n.M'OMTION. At tinUriiuiutii Commercial Travolrrn * Day. S n , in , , lo II ) p. in , . Indian on Indian ( troitnili , 111 a. in. . Oinnlin Cont'.Tt llnml nt Auditorium , lltao n , in. . Ilntlli-Nhlp IlllnoU Diu'UiMl at ( iox-rnnicnt Itullillnu. fJ in. , KinIlofHCM miHi.Ml liy KU-c- trli-Ky. 111.1 p , in , , Commercial Trnvclcr * Katcr lii-oniiiln , " p. in. , Oritiin llccltal nt Audi torium. JtltO p. m , , Mexican t'f.nil nt ( intern ment HnlldliiK. "lIO ! p. m. , Omaha Concert Hand , Trait * port a tin " ItiilldliiKr. I p. m. , Tiilteil Statcn l.lfc Saving Drill on I.aKO'in , 7 p. in. , l-'itre-upll Mpeelal Concert ? > > Mc\lcan National Hand. had such nn officer In mind as a possible legislative creation Is beyond belief. Do- sides there seems an Insuperable difficulty In the way of ono who Is collector nnd cus todian of public money ever being In default - fault In both capacities. His relation to the money as n collector ends whcco hla con nection withif as a custodian begins. Ho cannot become a custodian without having been faithful ns collector. Thus a too literal construction of the clause practically nul lifies It. Doing charged with the duty of issuing execution for the collection of fines and Judgments on forfeited recognizances , the clerk of the district court Is undoubtedly a collector of public money , but his pos session of such money Is only Incidental to Us collection nnd ho is therefore not a custodian within the meaning of the consti tution. " Should Have Hail a Jury. In his dissenting opinion Judge Morval deals almost entirely with the question of whether the respondent was entitle * ! to a trial by Jury. Ho holds that such was his right and says : "I am firmly convinced that the constitution was violated In the present case In refusing the respondent a trial by Jury when ho made demand therefor. Moreover the denial of such right is In violation of rules 14 and 10 promul gated by this court. " Judge Norval goes nt length Into the his tory nf QUO wnrrnnto coses and finds that It Is the common practice to give them Jury trials nnd that It was the practice In this state prior to the adoption ot the pres ent constitution. He further says "thoro was no power to appoint a referee to try this cause against the objection of cither party nnd the order ot reference wns In violation of the trial by Jury guaranteed by the constitution. It will not bo claimed that quo warrnnto Is nn equitable proceed ing and If it be true , ns the majority opin ion nrsueb. that It Is not a criminal pro ceeding , then It must bo a legal remedy nnd hence this court was powerless to sent the cause to a referee for trial without the consent of both parties. " Mayor Mootes is out of the city , having lelt for Chicago yesterday afternoon before the news of the decision had nrrlved. AV. J. Droatch was nt homo last night. He said "I have nothing special to say for publica tion. I really do not know anything about the decision beyond the fact that the court has affirmed the referee's report nnd de cided the case In my favor. 1 cannot say just when I shall take possession , but 1 shall act entirely within the law. 1 have not yet consulted with my attorneys ; I shul take their advice as to what course I shouli pursue. " TRAIN ROBBERS ARE ACTIVE Mlnnonrl Pacific KxprcNH Held Up Six MIlcM from ICaiinaN City I'lilon Depot. KANSAS CITY , Sept. 23. The Colorado and Coffeyvlllo express train on the Mis souri Pacific railroad , which left Kansas City nt 9:15 : o'clock tonight , was held up by robbers near Leeds , a suburban station about six miles out from the Union depot The locomotive nnd bnggngo car were de tached from the train and taken down thu track toward Dodson , after which the rob bers shattered the Pacific Express com pany's car with dynamite. At midnight it is not known what the robbers secured. Officers of the express company state that the safe contained llttlo treasure , as the messenger carried nothing for points beyond Coffeyvllle , Kan. The explosion of the dynamite used by the robbers was heard by many persons In the southeastern part of Kansas City. Flying disbrls from the shuttered car carried down the telegraph wire along the 'Frisco tracks , which parallels the Mlspourl Pacific at thla point. After committing the hold-up the robberu entered the 'Frisco station at the licit line Just east of Leeds nnd overpow ered the operator. After smashing the In struments In his office they took the oper ator with them to the scene of the robbery. It Is reported that the robbers wrecked the locomotive after running It almost to Dod son , but the report Is not confirmed. Superintendent Moore , the Pacific Rxpresf company's chief official here , Insists that tht train carried very llttlo treasure. The robbers numbered seven , It Is reported The Bceno of the hold-up Is not fur fron ; Drush Crock or the Dluo river , where there Is thick brush and heavy timber and thi escape of tha robbers from thnt locnlllj would not bo a difficult matter. A special train has taken police and roll , way detectives to the scene. At a Into hotii the train was still detained there , owliu to the wreck of the baggage ear. So far ns can be learned the passenger ! wore not molested , EMPEROR'S LIFE IN DANGEF DotviiKcr HinprcNN Dct > lrcN to I'laci I'rlnee KIIIIK'H UrnndNoii 011 the Throne. LONDON , Sept. 23. According to gpecla dispatches received from Pekln , member : of the European community there bcllevi the life of the emperor of China is In dan gr. H la added that the dowager cmprcs : desires to place Prince Kung'a grandson 01 the throne. The emperor , It Is added , real Izes the strength of the conspiracy azalnt him and has ordered the guards at thi palace to bo strengthened , KiploNlon Wrculin H DlHtlllery. NEW YORK , Sept. 23. An explosion Ii the FlelBcbrnan distillery at Long Islam City today wrecked the building and It I believed resulted In the death of Patrlel McCnfferty , who IH missing. Three othu workmen In the distillery were serious ) ; Injured. Their nutnea are : James -Moran William Krouta , Ecota. The cxplcsloi got firci to the ruins ot the bulldtlnK and I vas consumul. Th-e loss an tbo dlstlllln ; plant Is about J flOO. Tha cause of th Is not known. OUSTS HERMAN GANG Jnpremo Court Relieves Omaha of ths Outlawed Police Board. HOME RULE GAINS A SIGNAL TRIUMPH Control of Tire and Police Departments Passes to City Council , WRIT OF OUSTER ISSUES AT ONCE Sheriff McDonald Directed to Execute th Court's ' Mandate. SHORT STORY OF THE LITIGATION How the Cane OrlKlantcil nnil Ilia Step * TaUcn < < > Secure the He- milt Which llu * .Mint Jlccil Announced , i LINCOLN , Sept 23. ( Special Telegram. ) The supreme court overruled the motion for a rehearing In the Flro nnd Police lloan ! case this morning ami the following writ has just been Issued : Supreme Court of Nebraska ; The Stnto of Nebraska To the Sheriff of Douglas ) County : Whereas the state of NebrnsU , on the relation of Constuntlnc J. Smyth , attor ney general , commenced and prosecuted to final Judgment n proceeding upon nn In formation In the naturu of quo warranta against Frank 13. Moorcs , William W. Ding- ham , William F. Uechcl , Louis Durmester , Myron D. Karr , Ernest Stunt , David T. Mount , Frank J. Durkley. George W. Mer cer. Charles O. Lobeck , J. H. rear-oily , I ) . D. Gregory. Wllllhm C. Hullartl nud U. n. L. Hcrdman , respondents , nnd Charlrs J , Knr- bach , Matthew II. Collins , l > etcr W. Dlrk- hauser and Victor II. CnlTman Intcrvcnors to test the right of rival claimants lo hold fie offices of members of the Flro nnl Pollen commission of the city of Omaha , and to oust from said offices the claimants not en titled to said n Dices ; and Whereas , judgment was rendered In said court nnd entered of record In sat-1 canst , Juno 23 , 18iS ! , ns follows : "Tho cause bavlnc como on nt the Jan uary , 1S98 , term of this court for hearing before the court upon the respective plead ings of nil the parties hereto , and upon the briefs on fllo and upon the oral arguments of counsel , nnd the cnuao having been sub mitted to the court for Its decision , on con- eldcrntlon whereof , on this 23d day of June , : S3S , the court does find all the Issues raised by the respective pleadings In favor of the rclator as against the respondents Dullard , Gregory , Peabody and Hcrdman , nnd against the rclator as against the other respondents and Intcrvenors ; and In favor of the re spondents , Moores , Dlnglmm , Dechel , Dur mester , llurkley. Karr , Stuht , Mount , Lo beck ns the mayor and city council of the city of Omaha , as against the respondents. Dullard , Gregory , Pcubody anil Hordraan ; and In favor of Karbach , Collins , Dlrkhausor and Coffuian , tbu Interveners , as against the respondents , Dullard , Gregory , Peabody ant. TTerdmnn ; and the ebuit llnds taut the In-I tervcnora Imvu a good title to the four ! offices of members of the Board of Flro and Police commissioners ot the cltr of Oinnlrn nnd are entitled to Immcdlato possession thereof , and the court finds that the respondents , Dullard , Gregory , Pcnbody and Hordmnn , have no right or title to the said officers , or any of them , nnd should bo ousted therefrom. Considered and adjudged by tliu court that the respondents , William , C. Dullard , Daniel I ) . Gregory , James II. Peabody nnd Robert E. L. Herdman , bo nnd they hereby are ousted from the four several offices of members of Board of Flro and Police CommlssloiiLTH of the city of Omaha , now In their possession , nnd the Intorvcn- ors , Charles J. Karbach , Matthew r. Col lins , Peter W. Dlrkhauser and Victor II. Coffman be and they hereby are Installed in said offices , nnd It Is ordered that a writ of ouster Issue against the respondents , Dullard , Gregory , Pcnbody and Herdman , and that all costs of this action bo taxed against the last named respondents nnd exe cution Is hereby ordered to Issue therefor. " Now , therefore , you are commanded In , the name of the state of Nebraska forth with to remove the said William C. Dul lard , Daniel D. Gregory , James II. Penbody tind Hobcrt E. L. Herd- man from the several offices of mem bers of Donrd of Flro and Police Commis sioners of the city of Omaha and Install the Knlil Intervcnors , Charles J. Karbacb , Matthew II , Collins , Peter Dlrkhauscr nnd Victor II. Coffman , therein. You are fur ther commanded to require of said William C. Dullard , Daniel D. Gregory , James II. Peabody and Ilobert E. L. Herdman that they deliver forthwith to the said Inter- vcnors , Charles J. Knrbach. Matthew II. Collins , Peter Dlrkhausor and Victor H. Coffman' , nil the books , papers , furnlturn and other things pertaining In said offices ot members of Hoard of Flro and Police Com missioners of tlin city of Omaha. You will execute this writ forthwith and make due return of your doings horcon without delay. Witness the Honorable T. 0. C. Harrison , chief justice of our said supreme cmirt , nt Lincoln , Nebraska , this 23d day of September , A. I ) . , 1S98 , and the seal of said court hereto attached. D. A. CAMPDELL- , Clerk of the Supreme Court. Story of the I.mention. The litigation which has Just terminated In n victory for the right of local self-gov ernment nnd the discomfiture of the Herd- man gang Is the outgrowth of a long series of efforts to munlpulatao the Omaha flro and police departments for political ends and to prostitute the service In the struggle to per petuate one of the rottcncst political ma chines that over existed In Nebraska , Every possible moans has been employed to delay the result , hut the Interests of good govern ment prevailed. The question was taken Into the courts shortly after the ousted board went Into ofllce. At that tlmo Peter Dlrkhauscr , a member of ilio preceding board , brought an action to prevent the now board from ex ercising authority , but last November the supreme court handed down a decision which was adverse to DlrklmuEcr and his associates , but did not pass upon the law. Meanwhile thn unscrupulous administra tion of the flro and police departments became - came constantly more apparent and the un precedented Inefficiency of the police de partment permitted the criminal class to prny unoil the public practically without restraint. At the beginning of this year on original suit was brought In Judge Scott's court. In which the constitutionality of the law by which the board was appointed by the governor was attacked , The flght was miulo on the broad ground ot the right of local Belt-government , and this position was sustained by an overwhelming show of authorities. The decision ot Judge Scott uas funded down January 12 , and U held that the statute was Invalid and an Invasion of the right , ot the peoDola of. Omuh * t