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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 20, 1899)
FHE OMAHA DAILY BEE ESTABLISHED J TIKE Jl ) , 187J. OMAHA , WEDNESDAY MOINI2fG , DECEMBER 20 , 18.09 TWELVE PAGES , SINGLE COPY 1TIVE CENTS. Supreme Court Reverses Decision HoFding Them Liable as Sureties , CASE IS REMANDED TOR A NLW TRIAL Similar Decision is HarJB ia in the Omaha National WEAVER ACT IS DECLARED TO Under This Decision the Now Insurance Department , is Knocked Out , BOARD OF TRANSPORTATION SUSTAINED Court Until * ( lint ( lie Mount Ilnx ( lie 1'OVMT to Itl'llllllKlKvjirtNM Opinions , LINCOLN , Doc. 19 ( Special Tolegiam ) r The supreme coutt adjouincd this afternoon - noon and handed down decisions In n num ber of Important state cases. The decision of the district court of Doug las county holding the nuretlcs of former Sliitu Treasurer Hartley liable ott bis UH- clal bond was reversed and lennnded. The drolslon of the court of the same county In favor of the Omaha National bank In the Milt of the state to recover on the $ .00 00 } warrant puld by that Institution to Hartley r > aH albo reversed and remanded. Sections 30 and 37 of the Weaver Insur ance law , providing for the payment of fees for licenses and levIng of taxes bj tbo In- buranco commissioners , were declared uncon- etltutlcnnl , leaving the entire act void The decision , however , docs not say that the legislature has no authority to change the insuiunco supervision from the auditor's office to a commission created by n legisla tive act. It Is hoid that the taxation t > cc- tlons were the Inducement for the pcssago of the act. According to tbo decision the law contravenes section I of article ix of the constitution , which provides that every person 01 corporation whall pay a tax In proportion to the value of his or her prop- city. This decision of the court will , of courBc , kncsk out the now Insurance de partment , and it Is not likely that Iho audi tor will allow the salary claims of the In surance employes. The decision of the court In the Bartley bondsmen case holds that tbo governor only approves n bond of a state official and that the same docs not become binding until filed with the secretary of state. The fail ure of an official to file n bond within the tlmo required by law creates a vacancy in that office. The court sustained the Board of Trans portation in the Pacific Express company case , holding that It has the power to regulate - ulato express rules. The express company denied this right on the ground that the board was an unconstitutional organization. The Important sections in the syllabus of tbo opinion in the Omaha National bank case arc : "Payment by the state treasurer of public money , .claiming to bo the owner of such wairnnt , lo conversion und" the 'recehlng of fiuch1 money by the person to whom paid Is also conversion. ' "Such a v-u rant is not n state obligation and the person to whom It Is payable , being u mcio trustee , possesses no salable In tel cat. " Hurtle ) IlonilMiiicn Ciiie. The syllabus of the decision in the Bart- ley bontlsmen case Is as follows- In reviewing u judgment rendered on a verdict Blv'en ' In obedience to a peieniptory Instruction , It Is tbo dutv of the reviewing court to ni-sumc the existence of every ma- tcrltil fart which the evidence of the com plaining party establishes or tends to prove An official bond Is without valldltj until H has been delivered. The goveimir has no authority HH an ngont of tbo state to accept the official bond of state of district I nflli itr ainrl hv Kin-It ripnpntnnpp imikn thorn binding obligation ! * . Tin * ilulv of the Kovernor with respect to the official bonds of stute nnd district otll- ccr IH mt'tely to approve them The official bonds of .stnto and district officers u-.xcopt that of pecretniy of stnto ) do not bucoir.n binding obligations until they liiiva bcc'ii filed In the oillcc oC the bccictaiy of Htate Section IB , chapter * , Compiled Statutes of 1&9. contemplates that an official bond , uftoi ItH tippioval by the proper officers , Hbull bo icturned to the person presenting it , and bo by him tiled In the proper olllc-o for rt cord An iiihtrnment in not delivered until It has passed beyond the dominion control und authority of the maker and IH no longer capable of being recalled. Tim nppiuvnl of an official bond by the Kovernor does not work Us acceptance , nor miiko It a valid contract Tbo principal In an official bond has an Implied ngonrv to deliver the bond us the contract of his stircllcs PosHosslon of un olllclnl bond b ) tbo prin cipal on iv day mib ! < eiiieiit | to that flM'd by tbo statute for Its delivery carrion with It. pilinii fnclo , the light to Jitivo it approved and delivered. Sureties on un official bond have the light , ut any llmo before tbo obligation Is delivered , to lovoko their principal' au thority to bond tbi'in. but until such rnvo- catlon the light of thn principal to deliver the instrument Is piesnmed to rnntlmiu. And , until the sureties have signified nn Intention to iccoile , tbo obllgoo 111113 bind them by ncceptliiK their offer to answer for tbo ofili lal misconduct of their principal Saveial ( lavs after tbo tlmo tixeil by tbo Ktutiilo for tiling un official bond the MIIC- tlcw thereon Hlgurd 1111 InHtiiiment roeltliifr , "that iinv und all additional immcx that lie ( their pilnclpal ) may proeuro on said bond Mmll In no manner affect out liability on Hiild bond , arid each of us are held liable tbo h.imo IK If mild names bad not been added , " Held : That Hiich InHtiiiment tif- fouls the Infcreiuo that ut thn tlnio It was Blgiicd the HUi'eties know the bond had not luconio effective by having bcon approved and llb'il for record. And hold , nlho , that when the principal presented the bond for approval , ucrom- paiilcd by mtch Instrument , he had an- p-iiPtit iiutboilty from the wurctlcH to buvo 'I ' the obligation upprovcd and di-llvernl No pith or "f tb ° Htuto Is authorized to , dPiiiitiul additional mirotle.s of the ntato i trenxuier uflrr 111" olllclnl bond has been duly uppiow'd and tiled for rocoid n Im f.illuto nf n Htate or district officer , to buvo lils < ( illlrlal bond npprovcd and filed for K-cuiil In tbo piopcr office , within tbo 1 lime 11X4(1 by the Hlnliltn , cioatPH a vacancy In the oflltu lo which bo IIIIM been clecful or appointed In micli CUHC the Mate limy wulvo Its right to oust the Incumbent und elect to ili-'ij ' with lilin UK the poison entitled to thu Ami If the Htate doux wulvo Its right thb hiirctlofc un tin otllcl.il bond of the otlli-or are uhtoppol fiom dcnjlnir the vulhllrj of the biinil hoi.uice. ItUIK not uppiovod und tiled within tlu11 rim fixed b > lav. Whmi ) | VM > or moru JMTKOIIH liavo ( on- vrilotl the piopi-ity of another the latter may sue tluuu , cither Jointly or coverall- , ntlie may uleit \nil n comt of equity v.111 not iuulro | the Injured p.irtv to purMin ono of the wroiiKilocrH tather than another who U iiitmll ) ' I'lilpubto A diH'iimcnt prepared by nn accounting nlllcer diiihiK ill * l"im of office HhowliiK Mm rmolplx und dlshtiihcimmtH of , am ) the halunci ) chuiKiuihlc iigiihiHt , a llmuulal otllcer , U competent evidence again * ! the uietliw on the olllelnl bond of the litter i tllcer if It wax lutd b > him In uu-oiiiilliiK to lil * Hiicvrnwur and turning over the otllie it tb tlmo and In th tnumu'r ' ( onteni- p'lUed ' b > the law and tin.- cup ( run of the MllUtMI ) A iienum who bun hold un ofilco for vumo cun ldornblo tlmo In prrsiim.ihl } conipe'cnt ( Continued on Third Page ) /i / BROOKE ISSUES PROCLAMATION tniiLrrntulntrM < iiliinix liion Wontlcr- ttil ProRroKM DnrliiK I.iitt Aunr Ron. Aiinl I'viioetoil Tmlnj. HAVANA , Dee 1i Ocncrnl Brooke will Issue tomorrow the follow Ins proclamation- "Uy direction of the president I hereby transfer to my successor ! Major Ocncrnl Leonard Wood , the duties and rc'ponslblll- tlcs of the office of military governor , be- spenklng for him that support nnd con fidence which you have come to accord me. those who have been associated with pcrfornianca cf the clintcult task and placing In operation government of the Island , I hereby exprefHlon of appreciation and thanks for their loyal and patriotic support and nwlstRtice "V jcar IIRO 1 found the country mcst thoiotiRhly devastated , Us resources mid commerce destroyed and Its rural population Withered Into towns without fred and with out shelter and dying of starvation and exposure The government of the United States Immediately supplied work nnd food "In a short time this condition passed away and now the country Is lapldly press ing forward to a prosperity hitherto un known In Its history. Look about and sco how tiuo Ihls Is. The various steps that lin\c led to the present condition are well ' Known to 5011 and need not be mentioned here. The change Is trul > marvelous. Without the semblance of eh 11 government' then yen Invc now n complete organization. ' Your municipal and provincial governments ' arc .ill In the hands of > our own citizens. The mlllt.uy control Is purely advisory anil ' mipcrvlsoiy. M.my of your laws have been modified and changed to suit the times In which jou live , as well nw the Interests of good government. Your courts ha\e been reorganized and ale In operation. Peace reigns. Law and order rule. "Hy your own Industry and by a careful observance of these conditions the full res toration of your social affairs and pros perity is aMsurrd. With the feeling that the future Is in your hands , to make or to mar , and trusting th.it vvlso counsels may prevail among jon , I say to you fare well. " General Wood's arrival Is looked for to morrow. The division will be represented by Generals Chaffee , Richards * and Hum phrey and the department by Adjutant Gen eral Scott and aide-de-camp These officers will meet the \esscl , going down the harbor in tugs. General Brooke made a call upon Captain Slgsbee on board the Texas , receiv ing a salute of seventeen guns. GERMANY SHORT OF BULLION riiiaiu-lal I'oiltlou of Imperial llniik HUH JNcter ! > ceii So .Strained nH < it 1'rexiMit. BERLIN , Dec. 19. The Relchsanzelger publishes the following statement. "At the meeting of the central committee of the Bank of Germany today Herr Kok , a director , discussing the question , said the financial position of the bank had uover before boon so strained at the eanio period of the year nnd that the stock of bullion has become oerlonsly diminished , bclns 07- 000,000 marks less than In 1898. "After giving other figures showing the difficulties of the situation ho said it had been impossible to avoid an increase inM.hj I bank late. Dr.von Minuet , Prussian min ister of finance , has just submitted to Em peror William n special report regarding Prussia's finances from 1897 to 1S99 The report on the whole Is favorable , showing a diminution of the Pruse'an ' debt. The Interest on the debt has diminished from 242,000,000 marks to 221,000,000 marks. " The state railways have , despite the very heavy traffic , made a less profitable showIng - Ing , the mirplus now being 449,000,000 marks , as against 468,000,000 marks in 189C. In Count % ou Buelow's budget speech last week occurred a passage Indicating Ger many's need of a number of "points d'uppui" and coaling stations for the Ger many navy This passage was purpobely worded cautiously , the meaning being some what -veiled so as to not attract tue sus picions of other nations , but there Is the best authority for the statement that Ger many's alms , during the next few years , will , bo earnestly directed to the acquisition of l a number of such points In parts of the I world where German war vessels In n tlmo | of hostility would need them , most partlcu- 1 larly In the far east , the Antilles , Central America , South America and Polynesia. The correspondent of the Associated Press Is also assured tbo dementi of the reported Gorman negotiations for the purchase of the Danish West Indies , while literally cor rect , Js In n sense an evasion. Germany | really desires St. Thomas , because with the 1 frequent disturbances in the Central Amerl- ' can republics by which German property al- jways suffers largely and with the Nicaragua I canal once completed , a coaling station nearby will become highly necessiry. Gcimnny , however , has been restrained from entering Into negotiations with Den mark for the purchase of St. Thomas out of consideration for American sentiment , which formerly opposed such German ac quisition there. She Is now tiylng to as certain whether the American objections ftill continue. If assured that they do not she will begin negotiations. Emperor William Is cald to exhibit the I Keenest pen > onal concern regarding the war In South Africa , especially the fate of the British troops. Each day ho receives dis patches showing the latest losses , nnd thcso ho communicates to the German princes , who , like himself , have blood ties with Eng land. iiiiiTisiiuu cii.\sns siMSII SHU * . Clniliiil tie dullItcporlN It WIIM Com- j iielliMl to llrnv r-'I'o li > n ( 'miner. MADRID , Dec 19 The Spanish steamer CMudad do Cadiz , which has Just arrived at Las Puttnas , Canary Islands , from Cndlr. reports that it was pursued and overhauled last Saturday by n British cruiser , which fired guns , compelling H to heave to , In- tcrrogatcd U us to name and route and then allowed It to proceed. ALTGELD FACTION BEGIN WAR OrKiinUo lo KlKlit tlie "Hetsulnrn" In I'rlninrloH nnil t'oiint > nnil .State Coin entlonx , CHICAGO , Dec19 The Altgeld faction of Illinois democrats has taken Its first etep toward fighting the "regulars" In the primaries and countj nnd state conventions of next spring und summer. A temporary organization was effected In n meeting of ubout fifty active spirits at the Sherman house tonight John P Allgcld'B approval of what they did Is claimed. A charter will bo ut > ked for under the name of the Chicago Platform Democracy. Tbo objects are stntod to bo "To advance the Interests of progressive deinocracj" und to "organize auxiliary branches of the Chicago Platform Democracy In every po litical divliUm "nd every election dlatrkt of the utate. " no Supplies nnd Foreign Volunteers Beaching Tranjvaal Through Delagoa Bay. ENGLAND TO H < WE SOMETHING TO SAY Crncrnl Holler Crritltnl Tilth HIM Inn All AltniK DP mil mini .Mounteit Inf/uitrj CrillHcr 11 * tii ( 'OIMCJ K Itt'licncr. LONDON' . Dec. 20. The Standard bints' editorially thin morning that If 1'ortugnt continued to allow supplies of war material' and foreign volunteers to reach the Transvaal - vaal through Delagoa bay England will have something to ft\y \ In the matter. Statements are published from Doer sources In Brussels nnd Berlin that Presi dent Kruger Is willing to conclude peace on the basis of the status quo , but that otherwise he will call upon the Doers In j , Cape Colotiy to Join In proclaiming the Indei i ! pcndeneo of the Capo territories of Great Britain. The Government has at last consented to mobilize a force-which General Duller Is credited with having demanded all along , | | namely , 10.000 mounted Infantry. I This ( morning the War office Ipsucd ah or- I ' der to the effect that the government had decided to raise for South Africa a mounted I I i Infantry force to bo called "Imperial Yeo- mnnry" nnd to bo recruited from yeomanry , volunteers and civilians possessing the requisite qualifications. Enlistment will b ? for one year , or during the continuance of the war. The men must bo between 20 and 31 years of ago and of equal physique to the ordinary cavalry eoldler. Officers and men are to provide their own horses and towear neutral tint cloth shooting Jackets , not necessailly uniform , felt hits , breeches and gaiters. All must bo good riders nnd ruarks- mcn. mcn.Thci Thci same order Invites every volunteer regiment that Is linked with a regular bit- tallon serving at the front to supply a full company , which will take the place of the mounted Infantry of the regiment. These arrangements are expected to result In a considerable force. The enrolled strength of the yeomanry forces which orig inated In the troublous period of the French revolution is now 10,133. Their services have never before been called for. The lord mayor of London , Alfred New ton , IB raising and equipping a force of 1,000 volunteers among the city corps. The largo cltv firms are contributing the necessary ex penses. Colonel Sir Charles Howard Vincent , com mandant of the Queen's Westminster volun teers , has offered to raise a regiment of 1,000 picked marksmen. The enthtlslasra of volunteer enlistment continues and promises to give the govern ment ample material. ICIplIiiK1 AdilrcNNCM Meeting. Rudyard Kipling addressed a. meeting at Rottingdean last evening called for the pur pose of forming a. volunteer company. The queen has announced her Intention of entertaining at AVlndsor castle December 26 the wives and children of eoldicrs serving In South Africa , who reside In the neighbor hood. Tea will be served , her majesty prob ably presiding In person , and a Christmas tree twenty-five feet high \Ull hantr with gifts. The British second-class cruieer Isis will convey General Kitchener from Egypt to the cape. It Is ordered to steam at six teen knots. Special reports regarding the fighting at the Tugela river are still filtering through , but all the newspapers complain that these are povcrcly censored nnd It is still im possible to get an accurate idea of the bai- tle. Trom the latest accounts , however , it appears that General Duller was in per sonal command. A correspondent of the Associated Press at Chleveley camp sajs the Doers excuse themselves for firing on the stretcher bear ers by asserting that two squads of the Connaught Rangers took cover under civilian liparnrs of the Red Cross and that this act drew the Doer fire , three being killed and several wounded. Much anxiety Is caused by the fact that the war office has not received a full Hat of the casualties at Tugela rhcr. Joseph Klrkland of Chicago , accompanied by his sister , has arrived in London from Johannesburg , whence they had to flee with other refugees , despite their Doer sym pathies. Air. Klrkland was manager of an important business there and was compelled to Icavo so hurriedly that he had to abandon his horses nnd carriage , as well as other be longings , which the Doors promptly appro priated. Account of Tucclii I'lulU , CHIHVULCY CAMP , Natal , Dec. 15. The relief column continued Its advance from Chloveley early this morning , intending to asball the Doer positions which were known to bo very strong , to the westward and northwest of Colenho. During the two pre- cccdlng ( Ins the Doers had allowed them selves to bo bombarded without condescend ing to reply with a single shot. They further took a half hour's bombard ment this morning without an exchange , when buddenly they belched out a stream of fire from all their cnticnchmcnts , besides opening a fearful cannonade with all their quick firors , field and slego guns , which were posted from end to end of their posi tions. When their presence nnd actual posi tions had been determined the British naval brigade commenced shelling nil the ridges north of the town with marvelous accuracy. At this time the artillery attached to Gen eral Hart's division was busy among the entrenchments In the hills to the loft under cover of which the Irish Infantry marched out In extended jorm to croes me river and attack. While this was transpiring the field artil lery on the right were busy shelling the ridges of the Doers' left flank , their ex cellent practice attracting the attention of the Doers , who replied with n scathing fire , almost demolishing all the guns anil stam peding the gun carts and Umber horses. CAN VIII VVS ( JOIMi TOrilICt. . CowliojM , Moim < cil I'ollcimill Mlllllu Mul.f I ii the ( liiotii. OTTAWA , Out. Dee 19. The Second Canadian contingent , which the Imperial government was notified > et > terday would bo dispatched to South Africa at once , will be made up of some 300 men from the north west mounted police , about an equal number from the permanent corps nnd the balance rcrrulted from former mounted policemen , cowboys and other branches of tbo mllltla The contingent will comprise about 1.000 officers nnd men and will sail from Halifax. The name of Lieutenant Colonel Kvans , now on his way to Ottawa from tbo Yukon , Is mentioned as likely to go In coumand Ilrltlnli ( > i-riiiiit-iit Too ( f"op > right. IStO. by Prei- Publishing Co ) LONDON. Dec Ifl. ( New York World Cablegi am Special Telegram ) The Post's military expert Ha > s "Thn hlelory of the war up to date Is the hlstoi ) of thn consequences quences of Inactivity of the cabinet from May to October The DrltUh government In June , July and August , Instead of getting the army ready nnd on the spot , was trying to polish Its conscience , and oven In Septem ber could not bring Itself to send more than 10,000 men. "In Natal the Drltlsh nnd Boer forres are now facing each other like two wrestlers , but , taking n general view , there has b cu no fall. The longer they wrestle the heivler will bo the fall In the end , but It Is yet to come. " 'ENGLISH ' ROB THE DEAD BOERS I'lilllp Kocli , NopliiMV of Coiirrnl Koch , Tclln of IVIiolcnnlo Itoli- lirr > nil lluHnttlcllrlil. . ( Copyright , ISO. by 1'resa Publishing Co. ) ' | LONDON , Dec. 10. ( New York World Cablegram Special Telegram. ) W. T. Stenil ' ' In n letter to the Daily Ncwn tolls the story ! ) of 1'blllp Koch , n nephew of General Koch , In regard to the latter's experience at Elandslaagtc : "Tho first of the wounded I happened on was General Koch. He lay In a Email tent , 1 entirely naked. Ho told me th.it an Hnsllih soldier had come to him and robbed him of all the money that vvaa In his trouscn pockets , of his watch and cf all hit clothes , excepting one cont. Ho also informed me that thin person said that ho belonged to the Indian troops. "The general was covered by n thin blanket nnd lay on a small wet mattress. Although General Koch was severely wounded nnd Major Allthorn had promlocd that ho should bo allowed to return to Pretoria , where he would bo well nursed , General White refused to allow him to leave Ladysmlth , as the retention of n general officer of his rank and distinction as a pris oner of war Is of considerable value to the state. "General While represented that General Koch died ten days after receiving hla wound , on October 31 His upohow says his death was caused not so much from the wound ho received as lu consequence of the treatment he suffered In the first instance. " Philip Koch , according to Mr Stead , be- sldca his statement as to the wiy in which his uncle was treated , makes specific statc- inpnts as to plunder of the wounded and robbing of the dead Young Koch said. "Not alone were General Koch and per sona mentioned above robbed cf their clothes , watches and money , but also others ! on the battlefield. 1 saw the remains of Assistant Commandant Uodensteln Landdrost of Krugcr's Dorp. He had received a bullet in the left breast , which pierced his heart. He had been robbed of hln telescope and the rings had been taken from his fingers and all his money was cone. "I also saw the remains of Plot Ollgnaut- son. His boots , watch , money and snuff box were gone. From the body of Willie Preitorius , the revenue collector at Johannes burg , were taken all the money and rings from his fingers. Prom Servaas do Wet , who was only wounded in the left Jeg , a ring and money weie taken. " Philip Koch concludes his declaration by saying. "As far as I can see our burghers can expect no Christian and civilized treatment from the English. So far their treatment of us bae been of a nature should be ashamed to apply to a Kaffir./ * c Tliej 1'rnj for I'qnoc. ( Copyright , 1MO , by Pit-bs Publishing Co. > ANTWERP , Dec. 1 ! ) . ( Newr Yorkl "World Cablegram Special Tel g pra > er meetltigsvcro held" day by Dutch pastors gathered from all Hol land. The Transvaal h > mn was aung- and 6,1100 florins collected. A resolution was passrd to send a circular to all British pas tors , asking them to preach and pray for in end to hostilities. Amsterdam nnd Hague women aio offerings their services for col lecting money and many joung men of good family of The Hague have decided to go to the Transvaal to join the Doers. i S > miiatlilrcN lilt Itnlicrtn. LONDON , Dec 19. The queen has sent a letter to General Lord Roberta , the newly appointed commander-in-chief of the Drltlsh forces In South Africa , warmly sympathizing with him on the death of his gallant son and thanking him for the great patriotism hrt hno tltanlnvrul In nllttinn flsido- Ills tpr- riblo private grief in order to devote him self to the affairs of the nation. Memorial Sen lc-c for Solillcrn. LONDON , Dec. 19. A most impressive memorial service was held In St. Paul's cathedral this afternoon In memory of the soldiers killed in South Africa. The lord I mayor , Mr A. J. Newton , and the city of ficials attended In their robes of office. The cathedral was thronged , those present In cluding the duke of Cambridge and the marI - I quls of Lanadownc , the secretary of state for war. Sj niluilliy for lic Ilnorn , DENVER , Dec. 19. By a vote of 9 to 5 the board of aldermen of Denver adopted a Joint resolution expiesslng sympathy for the Tiansvaal republic in its > nr with Great niitain and hope for the success of the Doer nuns. The resolution was introduced by Alderman Kelly and was supported by every democrat but one on 'ho board. A olinierM ( for fnpc Wnr. LONDON , Dec. 19 Ninety per cent of the members of the Honorable Artillery company of London have volunteered for service In South Africa. Two-thirds of the members of the court volunteers , composed of barristers and solicitors , have likewise tendered their services. WinOllli'p Silent About Ifciiort. LONDON , Dec 19 The War office de clines olthor to confirm or contradict the re port telegiaphcd by a correspondent of the Dally Moll tint General Duller has crossed the Tugela river and that General Methuen's communications have been cut TO HEAD SONS OF VETERANS Ulornoj McHnlre of IIIIIIIIIIIOM | | | | An nounces lllniHelf ni ii Cnnilliliiti ! fnr Nnllonnl ( oiiiiniiiuler. INDIANAPOLIS , Dec 19 New ton J Me- Gulre , an attorney of this city , hod an nounced hU candidacy for the office of m- tlonal commander of the Sons of Veterans. Mr McGtilro organised the Ben Harrison post , No 35C , In Indianapolis and the South eastern Indiana Sons of Veterans' associa tion At the htato encampment In Fort Wayne in 1S92 Mr. McOulro was elected stnto commander and was re-elected In 18)3. ) Ho was made state advocate of the division In 1S9C. Indiana has not had the post of national commander since 1889 , when Charles T Grinin of Hammond held the office. MntemoiilN of Ocean VvuNvlN , Dot' , 111 , At New York Arrived Mniiltoii , from Ixmdnn , Kaiser Wllhelm der Ores o. from Bremen , Southampton und Cherbourg , Fnrst Bismarck , from Naples At llreincn Arrived Dnrmstridt , from New York At Hamburg Arrived Bulgaria , from Now York At Yokohama Sailed Queen Adelaide , for Tuto'iia At Boulogne Sullod Phoenicia , from Hamburg , for New York At Southampton Arrived Trnve , from Now York At Glhpillui nallfd Worra from Genoa , eli , for Now York At P'junmth Arrived Pretoria from New York , for 11 unhurt- , and proceeded. MILLIONS OF MONEY IN SIGHT New York Clearing House Banks Keep the Market Rate Down , WALL STREET FLURRY PASSING AWAY I'rnfrftftlnnnt Trndcrn 'I'nlir I.OIIR Milt1 of Mnrhel nnil lllit I'rlurM I l > lll- Of C < eminent IC- Promise * llellcf. NRW YOHK , Deo. 11 There was a com plete icvolutlon of sentiment In Wall street tcday and the latter part of the session of the Stock exchange witnessed something Ilko a panic among the boars , who were making frantic efforts to secure stocks to cover short contracts and bidding prices up on themselves. The professional trader ! took the long side tit the market , and bid up priors to take the market away fiom the bears Many operators who had ruthlcsslj sicrlllced their | ' holding In the pandemonium of the day , were eager buvors in the hope of retrieving louses Uesldo these elements there was a contingent of bargain-hunters , made up of people with ready money lookiiiK for Investment - vestment and who bought outright to hold Some such revulsion of feeling was natural after the feeling of } osteidi ) The specu lative situation was by no means confident until after about midway of the session Millions of dollars of money were forth coming for the extension of credits to bnjers of securities. The clearing house banks supplemented their yesterday's contribution of $10,000,000 by another of the same amount to bo loaned at the market rate. The an nounced determination of the secretary of the- treasury to Increase government de posits In depository banks , gave promise of iclief from the start and funds estimated j I at J7.000.000 became available from th's bourco before the -market closed. If PHI v DoniiiiiilH for MOIIIM. Under the Influence of this abundance yesterday's panic rates for money were at no time approached , but the demand for loans made Inroads on tho. supply with seemingly insatiable appetite. The loan rate went to 25 , but steadily declined from that point under the offerings of successive millions until It was forced to C per cent j and In the late afternoon fell to G % , fi , 3 and at last to 2 % . Ao soon as the stringency relaxed It became manifest that the pressure of liquidation was released and the market fell Into a calm. When the money rate fell to an easy basis prices began to rebound and some sensa tional recoveries shown , especially In the mercurial specialties. The advances were so large as to invite considerable profit to merchants in final dealings , but the under tone continued strong to the close , which showed substantial gains throughout the list. The early hours of the trading witnessed very heavy liquidation In the continuation of yesterday's process of recupeiatlon , but there was no approach to the panic con ditions of yesterday at any * time. The extensive- and elaborate preparations to meet the crisis were evident at the open- lug1 nnd prices wore opened at large nd- tances all through the list. This was helpeJ K'J" ' 'l'"ir nuotntrtms sent over jot/uou.'wui.'ro the Stock oxchaitgfl' false rumor of a retrieval by General Duller of his recent disaster. The high prices for Americans In the London market were doubtless due In part to manipulation orders cabled from this side , in furtherance of the general plan to sustain and protect the maiket. The opening advance was met by an ava- lanclto of liquidating sales , which promptly drove down prices in spite of the utmost efforts to sustain them. Not a few Blocks showed evidences of positive weakness and the lirst two hours of the trading were given up to furious activity and indescriba ble confusion of sentiment The steady absorptive power of the buying was bound to have a reassuring1 effect nnd the manner hi which the liquidation was brought to a standstill was highly Impressive. Knlliirc DIIVN "Notffeot Market. Even before noon sufficient stability had been established to face the report of a failure by a brokerage house In Bo&lon , which would have been sufficient to de moralize yesterday's market. With the sub sidence of the panic conditions a saner nnd quieter view of conditions developed. A study of the facts In connection with the trust company which came to grief jes- terday and of the securities with which It was involved showed them to be unique and not to bo taken as Justifying the fear and distrust which was felt yesterday , not only of all trust companies , but of nil Industrial securities. There was abundance of piecautlon nnd discrimination shown today against many of the IndUbtrfalE , especially in the placing j of loans. They were not acceptable as collateral - ' lateral and money was. not casllj procured , for the purpose of suppoitlng them in the market. It was reported that the financial powers concert ing measures of relief woio not alto gether In agreement as to the length it was dealrcd to go , borne of them holding the opinion that no real benefit would ncciuo from sustaining some of the Industrial he- curltles. But the danger dlhclosed by jes- teiday's event on the whole fabric of % alucs ciurled the day In favor of the relief meas ures , The decision of the banks WIIH to place all of their available resources at the disposal of borrowers without icnard to the effect on the surplus reserve , The knowl edge of this determination had much to do with allajlng the apprehension. The clearing house committee was In sepslon during the dabut by the tlmo the market rlosed it had concluded not to hold u meeting for tomorow , but further bosslons can bo called nb needed. Yesterday's ovente attracted largo crowds to the financial district toda > . Great crowtlh of all got tti and conditions of men ami Viomcn surrounded the approaches to the Stock exchange. The attain on the brokers nnd operators was n severe ono and the scramble nnd turmoil on the floor added to the confusion A comparison of pi Ices with thoio of Sat urday's rlcso show that thn level is htll ] materially lower , though very substantial recoveries vvero made of jcsterday'H ex- trcmo Josses. The day'h advance ranges from 2 to 12 points In the prominent actlvo stocks , Moun coMn > i3.vr TOM : I.N I.OMMKV Kliiiinolal Wiirlil Viipnrently I ItNertO : , LONDON. Dec 19 The falluio of the London and Northern bank , limited , a com paratively small concern , was announ od today. The directors ibsued a statement at tributing the failureto the alleged llbuloua assertions regarding the bank which hnva appeared In the press. The bank's < issU , according to the directors , hhould full ) cover the liabilities. The failure of the bank and the riseIn the Oennan rate of discount and Iptc-rcM , ihn latter from 7 to 8 per rent , did no' ' appear to have any bcrlouu effects on the CONDITION OF THE WEATHER Toi coast for Nebraska I'alr and Warmer , Southerly Winds Toniierntiire | nt Otnnlin market here The general feeling on the street was that the conditions wire better. Thl.'i was not a little due to the lmpro < lon , | gained from private advices , that an ar rangement had been reached In New York over night to support the market and pre vent a recurrence of yestcrdnv'o panle It Is hardly thought that the rl o in the German discount into will cauio a corresponding spending Increase of the English brink rate. Whllo news fiom the seat of war Is awaited with nervous apprehension , onp of the largest operators expressed to a rcpre- sentntlve of the Associated Press the belief that thd frcllng this morning was stronger front theio were no signs pointing to a j further panic. j IM-\V n\Mvs AIIIJ Arrnn nnrnsrrs. Mlihl'c AVcNl InxtllittlonK AVouId Altlll TlllMllNOll OX Of Oil IT. WASHINGTON , lice. 11) ) The secictary of the treasury up to noon today had received a , considerable number of applications fiom j I ' national banks for deposits of public funds under the secretary's announcement of last j j j night. The lorcer number of these appllci- tlona came from New York nuil other east ern cities , although some have been received from the largo cities of the middle wriU. Under the secretary's offer cash will be transferred to national banks on deposit of United Stales bonds to their par value , e\- ccpt on 3s , on which DJ per cent will bn allowed , nnd Jf > , on which 90 per cent will bo allowed. This Is an old rule and Is In tended to scoutc the government from pos- slblo loss by reason of temporary excess of cabh on hand over bonds on drpoelt. As the receipts from Internal roveuuo do not average quite $1,000.000 n day , It Is not ex pected thit Iho effect of the new order will bo felt for some days to come. It Is statt > d that In making allotments of funds the department will discourage the purchase of bonds on the part of banks seeking dc- noslts. for the reason that It the binks should go Into th1 market for this purpose - pose It probably would nut up the price , which would be against the Interes's of the government , which Is Itself now In the mar ket for the purchase of about | 3,000,000 , now remaining unoffercd under the sccretarj's recent proposition to purchase $25,000,000. PinI'rotvutlte Coinimiij YNXCIIN. | NEW YORK , Dec. 11 The Greater New- York Tire Protective company , Incoiporated i under the laws of Now Jersey , with an ofilco { | In this city , toilaj filed an assignment. Hugh Banner , former chief of the Now York fire department. Is the president of the company , which -was organized In June , 1898 , for thn purpose of installing fire alarm sjstoms con nected with the city fire department In buildings as well as furnishing jipatrol _ for gUardlng property during and after firee. .The capital Rtoct ) was J30.000. * > . - - - i FUNERAL OF LIEUT. BRUMBY I'o TnKe I'lncc nt .Atlantn , KII. , Toilny lllNlioi | .Nelmill to Iliite CIinrKC of tlie } < erv Ices , ATLANTA , Ga , Dec. 19. The funeral of Klag Lieutenant Brumby will take plnco tomorrow afternoon. Immediately upon jts arrival lomorrow morning the body will bo escorted to the state capitol , where It will llo In state under military guard from 10 n. m. until 2 p. in. The honorary escort , -which will accom pany the funeral uortego from the state house to the cemetery , will be composed of Governor Candler , United States Senator Hncnn nnd A. S. Plav. Mavor Woodwnnl. Lieutenant Caldwcll , U. S. N. , supreme court justices and state nnd city officials. The funeral services will bo conducted nt St. Philip's cathedral , Bishop Nelson offi ciating. 111JWI3Y TOM.OWS HUUMHY'S COPKIV Ilnily nf the Olj mpla'n I'liiu ; Ll n n I .Sent to Atlanta. WASHINGTON. Dec 19. The remains of the late Lieutenant Brumby were escorted to the railway today with full naval honors and sent to Atlanta , Ga , for interment. The casket was wrapped in the American flag. The escort was made up of n detach ment of raarlnen from the barracks here , headed by the Marino band , all under com mand of Lieutenant Commander McCrea , j U , S. N. There wc-io many floral tributes i from Admiral Dewey and fi lends and rcla- lives of the deceased Six Ballots from the navy yard served as the pillbearcrs. Admiral Dewey , with the Georgia con gressional delegation , Mrs. Hayward , sinter of the deceased , and Mr. nnd Mrs A. Du- harry , accompanied the college from the hospital to the rnljwny station. Upon reachIng - Ing Atlanta the icmalns will bo plated In the Haywurd vault nt Oakland cemetery. SAYS ALIEN CANNOT STOP IT Cliiilrnuin Hiiiinii of tlie llouctnrr Ciiiiiinlttee HelloioN Kliiniiclal HIM Will Ileenniu n I-mv. INDIANAPOLIS , Dec. 10 Hugh II. Hnnnn , chairman of the monetary commit tee , relumed from Washington nt noon to- ilftt fin Mi \ nrujcnjt ihn fii ti n rrn r\f Mm lil 11 ycbteidnj. Asked for an cxprcuslon bo re- piled "Of courseI am gratified. There hna been no doubt of the fate of the bill In the benne for some time , but 'thn tiplendld vote by which It carries ! was oven belter than MO expected Everything went Just .is wo wanted it to " "What about the status of the bill ? " "I think it will pas * thu senate , though , of course , by no Htieh vote as the hotiso gnvo It Wo have promlHCS that soimi of the democrats will vote- for It there The death of Senator Hayvvnrd of Nebraska nnd the appointment of PopullH Allen in his place robs us of one vote. But It will get through , I am sure " lln.tlni ; lliimeH for KANSAS CITY. Dec 19 Four ropre- M illative * of big English traders are hern hu > ing liorMti for the London and transport markets to replace HIOHO sent to the Tr.um- vj.il "Piobiblv 2.0W liorxcH. " paid the immiber of a loial firm "have lccn xold 01 ( ontMuted for ulrendy UK a direct iCHiiIt of thu Cimllnh wui with the Hoer It IIUH HtiriiKtiiuicd thd market und IH making the trade hero ver\ brisk just when one would nxncut U to full clown In fail the demand In t > o strotiK th'it the English buvont arn t.iltlni ; over ) home Hult.ihk fur their usu that In offered ' Miirlln IIC'Klontoil S.-mil or. RICHMOND Va Pee IS-fnllfi' ' titates Hrnatoi The max Martin wax too/ i - olcfted for Ihn term heKlnnlnt , ' .Muuh 4. 1MI b > both houses of the aw-einlil > atttntc HPpir < ito | > Tf/moriow the two houses will ll.eot In Joint Hrfclon to < .ciivut-s | thu vote und due lire the icbutl GEN. LAWTON KILLED Dies on Firing Line a Victim to Bullet of Filipino Sharpshooter , FALLS INTO ARMS OF STAFF OFFICER Laughed with Usual Contempt for Bullets Whan Warned of Daoger. DIRECTING AN ATTACK ON SAN MATEO Americans Suffer Few Casualties Dtuintr the Thrco Hours' Hard Fighting , LAWTON ALWAYS FEARLESS FIGHTER Col ii in n Cominniiilcil liy the Urnil ( , on- rinl HUM MC-IMI Ih < - .Monl H , " ! ( lcn < > In I'tifMilt oC thr rillnlnox. MAXIM , Dec. in Major General Henry W. Law ton has been shot nnd killed at San Matco. Ho was standing In front of his troops , was shot In the breast nnd died Im mediately. General Law ton started from Manila last night with cavalry under Captain Lockclt and battalions of the Twenty-fifth and Twenty-seventh Infanliy under Lieutenant Colonel Sargent , for the purpose of captur ing San Mateo , where Ooronoino was fiald to have 300 Insurgents General Law ton left homo Monday night and had rctuined from his northern opera tions Saturday to lead an expedition through Marlqulua valley , which has been an Insur gent stronghold throughout the war. Iho valley has several times been Invaded , but never held by the Americans. General Geionomo was supposed to have there the largest organized foico north of Manila and General Otis wlfchcd to garrison Marlqulna. The night was OHO of the worst of the sea son. A terrific rain had begun nnd Is still continuing. 41n o llfl Illrr-Iit Mflffll. Accompanied by his staff and Troop I , Fourth cavalry , General Lavvton set out at D o'clock In advance of the main force , con sisting of the Eleventh ca\alry nnd ono bat talion each of the Twentieth and Twenty- seventh Infantry , which started from La Loma at midnight. With a small escort ho led the way through an almost pathless country , a distance of fifteen miles over bills and through cancbrako and deep mud , the horses climbing the rocks and sliding down the hills. Before daybreak the command had reached the head of the valley. San Mateo was attacked nt S o'clock und a three-hours' fight ensued. This rcbulled In but few casualties on the American sldo apart from the death of Genera ) Law-ton , but the attack was dtfilcult because of tbo natural defenses of the town. General Law ton was walking along the firing line within 300 yards of a small sharp shooters' trench , conspicuous In the big whlto helmet ho always wore and a light jellow raincoat. Ho was also easily dis tinguishable because of his commanding btaturc. Thn sharpshooters directed several clcso shots , which clipped the gross nearby. His staff officers called General Law ton's at tention to the danger he was In , but ho only laughed -Kith his usual contempt for bul- loth. Suddenly ho exclaimed , "I am shot , " clenching his hands In a desncrato effort to stand erect , und fell into the arms of a staff officer. Ilodj I.nld nil n Mrrfolier. Orderlies rushed across the field for sur geons , who dashed up immediately , but tliclr efforts were useless. The body was taken to n clump of bushes and laid upon a stretcher , the familiar whlto helmet cov ering the foco of the dead general. Almost at this moment tbo cheers of ( ho American troops rubbing into San latco were mingling with the rillo vollcjs. After the fight e\\ \ stalwart cavalrymen forded the river to the town , carrying the litter on their shoulders , thw staff preceding with the colors and a cavalry escort fol lowing. The troops filed , bareheaded , through the building where the body was laid and many a tear fell ftom the eyes of men who had long followed the Intrepid Lavvlon , The command was stricken with grief , an though each man had suffered a personal loss. Owing to the condition of the country , which Is Impassable ho far as vehicles are ooncerncd , the body could not bo brought to Manila today.Mis. . Law ton and the children am living In a government house. San Mateo lies by n high mountain and n broad nnd shallow stream In front , with wldo sandbars , which the Insurgent trcnchci and the buildings command. The Americans wore compelled to ford the river under fire. U WHS wbllo they were lying In the rice fields and volleying ncrofs preparatory to passing the stream that Gen eral Lavvton was shot. All except the offi cers were behind cover. A staff officer was wounded about the same tlmo and ono other officer nnd seven men were wounded. After three hours' ' shooting the Filipinos were dispersed Into the mountains. Colonel Lockrtt took command whoa General Lawton - ton tell. Otlft Confirm * Kllllnir of Inwlon. WASHINGTON , Dec 1't Tbo War de partment tonight received the following offi cial confirmation of the killing of Goneial Lavvton near San Mateo , Luzon MANILA , 1'ec. 19 Qenerrtl LaWton , cil- RURul In driving InaurKentu from Ban Mat no Hcctlon of the country , killed In- Hlnntly at 9,30 yesterday mornliiK. A Broat Ions to us und his country. OTIS General Lawtou's death was a great shock to the officers of the War department , to nearly all of whom ho was known person- all ) . Hitherto his luck In battle bad been marvelous. Ho had been In hundreds of sklrmluhes and big battle * . He was re garded an a man of action nnd splendid courage , but wau not considered rrckleai. He never exposed his men without duo con sideration of the rlHkh und the take. His men knew this and would unhesitatingly follow his lead Into what seemed to bo the most deBpnrato condition * The IndlanK name to know him as the moit active , vigilant , wary and determined
