Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 24, 1898, Image 1

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Veterans of San Juan Hill the Quests of
Honor at theExposition. .
All Who Escaped Spanish Bulleta and
DIBOOBO Welcomed by the People.
Men Who Oamo Homo from Ouba Made |
Glad Thny Are Spared.
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
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
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. )
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.
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
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
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.
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
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.
liatorio Volcano is Going on at a Great Sato
Once More.
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
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
\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
Snpreme Court Decides the Quo Warranto
Oaso Against the Mayor.
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
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
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-
111.1 p , in , , Commercial Trnvclcr *
Katcr lii-oniiiln ,
" p. in. , Oritiin llccltal nt Audi
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. "
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 ,
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.
Jnpremo Court Relieves Omaha of ths
Outlawed Police Board.
Control of Tire and Police Departments
Passes to City Council ,
Sheriff McDonald Directed to Execute th
Court's ' Mandate.
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.
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