Newspaper Page Text
.THE.AHGU8, FRIDAY. SEPTEMBER IS, 1891.
THE LOTTERY LAW.
Attorney General Miller Main
tains Its Validity.
EXAMPLE EONORED IN THE EEEACH
Ancient Morality Not l'p to .the Modem
Standard Tht Legal Aspect of the
Matter DlMUMfd-A Bill Propooed hv
the Farmer Alliance Their Claim on
Vance The New Collector at Gotham
Prrfidiou Albion'. Alleged Scheme
A Crooked Vet.
Washington, Sept. IS. Attorney Gen
eral Miller baa filed in the supreme court
of the United States liis reply to briefs
filed by counsel for J. L. Kapier and
George W. Dnpre, representing the Louis
iana Lottery company, lie maintains th
constitutionality of the anti-lottery law.
In the course of his argument be says:
"Much stress is laid on the fact that Louis
XIV, George Washington, and even
preachers of the gospel have ia times past
believed in and profited by lotteries. He
might have added that xrsons no less il
lustrious and worthy, contemporaries of
these same men, in Fiance. Enclaud, and
in this coumry.believed in and encouraged
the use of the holy inquisition and the
burning of heretics, Quakers and witches,
in the interest of "pure aad ucdefiU'd
religion;' yet.it will hardly do to insist
that the government of the United Statu,
would, therefore, be bound to lend its aid
to such practices, in the interest of con
stitutional liberty, if au attempt were
made to revive them now."
The l'ith of tlie Argument.
In conclusion he says: "Each of the peti
tioners is seeking discharge from arrest,
under indictment or information, for ille
gally depositing unmaiiable matter in the
mails. Whether the law by it s terms au
thorizes the postal officials to thro-out
matter deemed to be unmaiiable, and
whether it is competent for congress to
authorize such action by the postoffice of
ficials, tire questions not involved in any
of these cases. Nor does it seem to nie
that they are cases in which, if the law
were found to be invalid in that part.it
wonld necessarily be invalid under the de
cisions of this court in its entirety. My
understanding is that the decisions, not
only of this court but generally, hold only
that where a number of acts are desig
nated in the statute a- constituting a par
ticular crime, and as to some of such acts
the legislation is unauthorized, the courts
cannot be required to select out such acts
as are within the authority of the legis
lature and enforce the laws as to them,
rejecting it as to the others.
Each 1'rovUion fetanda or Falls Alooe.
"i think no decision will be found
wherein it is held that if an act defines
different offenses and provides for their
punishment, the fact that as to one of the
offenses the legislation was unauthorized
renders the entire legislation invalid.
And so, if the act defines and prescribes a
punishment for an offense, the fact that
it also, independently of such provision,
imposes duties on officers which aro uu
authorizeil by the constitution, is imma
terial. If I am correct in this discrimina
tion then the provision for the punish
ment of mailing unmaiiable matter is in
no way dependent upon those prescribing
duties of postoffice officials in relation to
6uch matters, but each may stand or fall
independently of the other. 3
THE ALLIANCE IN CONGRESS.
Points of a Loan Bit! They M ill Try to
Washington, Sept. lb. The officials on
duty at the headquarters of the Farmers'
Alliance here are arranging the pro
gramme of legislation which they hope to
see enacted by the Fifty-second congress.
In place of the sub-treasury bill they have
constructed one that provides that any cit
izen who owns and resides upon any tract
of land containing not less than ten nor
more than 320 acres, and who has at least
oDe-half of that tract in actual cultiva
tion, shall be entitled to receive from the
treasury of the United States a loan in
amount not to exceed one-half the ap
praised value of the land and the improve
ments on it. The loans are to be for not
less than five nor more than ten years,
and the borrower is to pay interest at the
rate of 2 per cent, per annum.
They Have a Murtsage on Vance.
Besides fifty-five members of the house
the Alliance people claim Senators Peffer,
of Kansas: Kj le, of South Dakota; Irby,
of South Carolina, and Vance, of North
Carolina They claim Vance because he
was elected after the legislature of his
state had passed a resolution that no mn
could be chosen senator until he agreed to
a programme that was practically that of
the Alliance. Vance having agreed to
these resolutions, the Alliance now claims
him es its own.
Eagland After the Sandwich lolaoda.
Washington, Sept. is. Mr. Marcno, a
well-known ItHlian- American residing
here and acting as the agent in this coun
try of the National party of Hawaii, cor
responding to the Chilian Congressional.
Ists, yesterday laid before t he president a
letter that he n-cenliy received from a
lorrespomlent in Honolulu asserting in
the must primitive terms that England is
now planning to take possession of the
kingdom. Tne writer said that some ac
tion on the part of the United States is
liecessary. The president was interested
by the letter and asked Mr. Mareuo to
communicate with Secretary Jilaine.
A Keque.t of the Veteran.
Washington, Sept. 1. A delegation
of Grand Army of the Republi j men called
on the president yesterday and asked him
to isue an order permitting members of
the Grand Army to attend the funerals of
td Bolilier? without losing t0e tune frou'
their annual leavtJ. lbs president asked
the delegation to embody the request in a
letter, which he would take pleasnre ia
laying before the cabinet, lie could not
issue an order now.
The Pnbllo Building at Rock ford, Ilia.
Washington, Sept. 18. Agent .Avery
has submitted to the treasnry department
a report in which be recommends as bis
first choice for the location of the public
building at Kockford, 111;., the property
known as the Hale site at the southwest
corner of Madisou and Walnut streets, of
fered at $11,000. His second choice is the
property at the corner of Green and Main
streets, offered at ttS.OHO.
About Collector Hendricks.
WA6H1KOTOS, Sept. 18. Francis Hen
dricks, whom the president has appointed
sollector at New York, vice Fassett, is a
very popular man at bis borne in Syra
cuse, N. Y. He has always been success
ful in politics and when he was chair
man of the Onondaga county committee
InlSsOtbe Republican majority jumped
from 8,500 to 4,400. He has been in tha
legis ature since ISM, and each year his
nomination has been made by acclama
tion. His political skill was especially
conspicuous in the last election of United
St at 1 9 senator, when be led the small
contingent in the legislature which se
cured the office for his fellow-townsman,
Fran It Hiscock, of Syracuse.
Has a ftnehaut for Pensions.
WASHINGTON, Sept. IS Peter Mat
thews, who draws a pension as a veteran
of the Fifth New York cavalry, was held
for tie grand jury yesterday in this city.
He was discharged from the soldiers'
borne at Hampton, Va., for attempting to
secure another pension under a different
name and Wednesday was arretted here
on th charge of filing a claim for an
MURDERED BY A HIGHWAYMAN.
A Mine Superintendent in California Shot
Dead from Auihnsh.
Net ADA. Cal., Sept. IS. S. Gallavotti,
superintendent of the Debee Drift mine,
was murdered by highwaymen yesterday
morni ig while coming to this city with
$5,000 in gold bars just cleaned up at the
mine. Gallavotti and J. D. Olstrom were
in a buggy ascending the South Yuba
river grade six miles from this city, when
a rifle shot was fired from the bank above.
The ba;l entered Gallavotti's head, caus
ing instant death.
They Didn't . t the Ilullion.
Olstrom urged the horses up the grade
just as a second shot was tired. The bullet
struck one of the horses in the neck, but
a turn in the road took the team out of
the raige of the shooters. On reaching
the Mount Vernon house Olstrom left
Gailavctti's body and hid the bullion in
the brush. He then rode to the city and
notified the officers A tquad of armed
men h.tve started for the scene of the
Mutt Dine with Landlord Harvey.
CHICAGO. Sept. IS. A decree entered by
Judge Collins yesterday in the suit
brought by Fred Harvey restrains the
Atchisoa, Topeka and Santa Fe Railwaj
company from running or operating din
ing cars upon its roads west of the Mis
souri r ver. Harvey has a number of
eating housesalong the line of defendant's
road and had a contract to supply the pas
sengers with meals and lunch. But in vi
olation f the contract the company un
dertook to run dining cars from Chicago
to Denv r to compete with the Rock Isl
rortT "Minded His Own Affairs."
CorNCiL Bli ffs, la , Sept. IS. A. T.
Bradley, who owns a farm in Taylor
county on which there is a mortage, re
ceived a blank from the census office ask
ing for particulars. He refused to re
spond, b it instead sent a letter to Mr.
Porter at Washington to mind his own
affairs. Bradley's letter was forwarded
to the federal authorities iu Iowa, result
ing in his arrest. Commissioner Hunter,
ofthisci y, held him in the sum of o
to await the action of the federal grain!
A C itile of Mifting Kditors.
ST. Loris. Sept. IS. A dispatch from
Sulphur Springs, Tex., says that E. M.
Tate and Everett Moore, respectively
editors o' the Hopkins county Echo and
the Alliance Vindicator, who have been
vigorously attacking each other for some
time, met in the street and began a fist
fight which terminated in both drawing
pistols. Moore received five bullet
wounds and lived but a few hours. Tate
received but one slight wound and is
under arr st.
Two Pretty Htirfrethieves Caaght.
MENlOTA, Ills,, Sept. IS. Marshal Mc
Intyre arr-sted two female horsethreves
yesterday afternoon, who gave their
names asF.uth Downey and Lillie Hill, the
latter being dressed iu male attire The
horse stolea was taken from Sandwich,
Ills., and driven to this city. The girls,
both of wham are pretty, are about 16 and
17 years of age. and seem to take their
'Arrest very coolly.
Gave Itirth to Fonr liable.
BmillNG.lAM, Ala., Sept. 18. Mrs.
Charles Lellen, wife of the fore
man of the Alabama Great South
ern railway shops, is the happy
mother of f ur little babies, all born Tues
day night. Three of them are boys, and
all are doin splendidly. The mother is of
average size, is a little over 20 years of
age, and she had never before givenoirth
to u child.
Great Tl Ing for Kx-enatcir Tabor.
DENVER, Sept. IS. Ex Senator Tabor
has received an order from the supreme
court of Mexico giving hiin possession of
the Santa E iiwie goid mine, over which
he has had three years' litigation. The
mine is located at Jesus Maria, and has
produced alieady from ilO.OoO.OoO to ?15,
030,000 of go. .1. The ore assays iJm) to the
ton, and is s ill good for million.
Cosily l ire at Cnmargo.
Tuscola, Ills., Sept. is. The loss by
the CamarC'j fire Wednesday night foots
tip about i-l' ,0"0 with an insurance of
Ihjii. Hall &. Clements' loss is ciO.OuO.
Among the other buildings destroyed
were those f James Beach, W. F. Jar
man, John Niedefcr. Charles Siders and
William Jef'ers. Ten buildings were
I'nnera I of Mrs. Theresa Fair.
SAX Fkasc: SCO, Sept. 18 The funeral
of the late Theresa Fair took place
Wednesday. Archbishop Riordan con
ducted the services, assisted by Father
Prendergrast r3 the Catholic clergy of
Uijs city. ThH inter MjfeSt was in Mount
Memphis Theatre Horned.
Memphis, Sept. 18 The new Memphis
theatre, a fivt-story building, was com
pletely gutted by fire at 4 o'clock Thurs
day morning. Adjoining property was
also considerably damaged. "The total
lnsa will foot jd flOO.OOU. The origin of
the fire is a mystery.
Time on Garfield Park Coarse.
Chicago, Sept. 18. Following are given
the winners at the Garfield park races
yesterday: Vilette, i mile, 1:16. Good
Bye, 1 1-16 ndles, 1:50; Kenwood, 1.
miles, l:5"i; Fred Taral, furlongs,
1:37; Qneen Isabella, mile, 1:0S; Man
dolin, mile, 1:16.
Struck 1-jr a Burlington Train.
Waterloo, la.. Sept ia John Bru
baker and Robert Ellingwood, farmers,
were struck by a Burlington passenger
train, near Vinton yesterday. Bru baker
was instantly killed and Ellingwood fa
OX GARCIA S TIUIL.
Mexican Troops Are Hot After
A BRtfSH Willi A CUSTOMS GUARD.
No llloo.l Spilled Except That or Two
Horsea Hie Old-Time Cutthroat and
Itaudlt Cortina Taken iu to Keep Him
from Getting Into Trouble The Reb
els Ifeportrd to Have Captured a
Town A Lively Time Ahead.
Lakii. Tex., Sept., 18 Last night it
was reported that . Garcia crossed the Rio
Grande with men. and was joined a
few hours afterwards by General Ruiz
Sandoval, who had crossed twenty miles
above Laredo with 4Xiinen, and their com
bined forces had captured the town of
Guerrero, opposite Carrizo.sixty miles hi
low Xew Lnvdo. Fifty-one are reported
to have left Laredo Wednesday night to
join them. Four thonsanJ men are re
ported to have takeu the field in Mexico,
and are making forced marches to meet
the revolutionists. Acomptuyof United
States cavalry, with baggage wagons and
camp equipage, has left Laredo with or
ders to hurry down the llio Grande to pre
vent the crossing of any revolutionists
iuto Mexico or their return to this side.
Two Ungacements Iteported Already.
San Astomo, Tex., Sept. IS. The rev
olution along the northern border of Mex
ico is becoming more serious than was ex
pected General Stanley, commander of
the department of Texas, with headquar
ters here, yesterday received the follow
ing telegram from Captain Randall, of
Fort' Ringgold: "The scout sent out
Wednesday has returned. Lieutenant
Langborue reports that he went to Geuel
la ranch, eighteen miles from here, and
found that a party of about sixty men
had crossed on the night of the lotl'.
They came from Paleto Blanco, eighty
miles north of the crossing. Many of
tuem were Mexicans from Camargo, and
commanded by C. A. Garcia. A large body
of Mexican troops are iu pursuit, having
eneaged them Wednesday near San Mig
uel. Mexican troops were also engaged
with the revolutionists at Migre, seven
teen miles from here."
Exchanged shots with Customs Ofttcera.
News received here la-t night from Rio
Grande City, Tex., gives an accouut of
the progress of the revolutionary move
ment in Mexico. At 6 p. m. on the 15:h
of September Ca'.arina E Garcia, Eustor
gio Himon and Ruiz Sandoval, with
many others, all revoiutionists.crossed the
Kio Graude two miles south of the Grolla
ranch, Starr county, opposite San Miguel,
on the Mexican side, and pressed horses,
saddles and amis at the ranches into ser
vice. On the morning of the 10th they en
ti.uuterrd Un Mexicans custom guards
below Camarto. Volleys were exchanged
and the revolutionists, hat two horses
The Itamlir Cortina Arrested.
The wires ff the Mexican side, which
were cut. are now repaired. The revolu
tionists were last heard of at the Ozaticar
ranch, six miles west of Camargo, with a
force of HO men going west into the in
terior. A deputy United States marshal
is said to be with them. Troops from
Matamoras and Reynosa are in pursuit.
Asa sequel to the insurrection of Catarina
Garcia and a band of cutthroats from
Texas and Mexico, the old-time and noto
rious bandit, Juan Cortina, was arrested
in Matamoras Wednesday night by order
of General Lc.jaro, commander of the Mex
ican frontier. Cortina, who has been im
prisoned for years in Mexico, was released
lately on a pardon which enabled him to
return to Matamoras. It has been noticed
that his former chiefs and confederates
have been assembling in this vicinity.
TOO RASHLY IMPORTUNATE.
A Iterklesa and Impatient Couple Wind
t'p Their Komanre.
Woodland. Cal., Sept. IK The find
ing of the bodies of Miss May Adams and
J. W. Montgomery yesterday revealed
the tragical results of a sad romance.
Miss Adaai' is the daughter of Hon. L B.
Adams, w hile Montgomery is the son nf
Judge Montgomery, of Stockton. The
two were lovers, but it is said that the
young' lady's parents refuszd to permit
their marriage, and they sought un
ion iu death. The bodies were
found in the rear yard of a small un
occupied residence. A vial labeled poison
and a revolver were found close by. In
vestigation showed tLat Montgomery
first shot Mi-s Adams i n the left temple
and then fired a shot through his own
r'lre at Chicago.
Chicago. Sept. IS The six-story build
ing a: 173 Monroe street was destroyed by
fire at an early hour this morning. The
totnl loss is estimated at ?30,0OJ. Only
the prompt and skillful actioir-of the en
tire down-lo.vn department prevented a
disastrous confl lgration. The building is
in the very heart of the city, and not loo
feet away from the magnificent Woman's
temple. The department pumped the
south end of Like Michigan into the blaze,
and quenched it. The losers are: W. J.
Jefferson, building: WycolT, Seamans ic
Benedict, typewriter supplies: Jone &
Morse, stationers and printers; the W. J.
Jefferson Printing company, and Bium
gren 6c Co.. type founders."
C hicago Kx-Congrexsman Dead.
Chicago, Sept. 18. Lorenzo Brentano,
once a nieml er of congress from the old
Third district and a man of international
character, did at bis home, 3 La Salle
avenue, at t o'clock last night. He was
the father of Judge Theodore Brentano, of
the circuit court, and was one of the best
known. German politicians and editors in
the United S'ate. lie was born at Mann
heim, Germany, 1S13, and bis death was
due to paralysis.
The Terrible Spanish Flood.
Madrid, Sept. is. About 2,3o0 persons
were killed at Toledo and about 2,000 else
where. Many were injared, and the crops
of grapes, olives, and maise were seriously
damaged. The total loss by the storms
and floods, Including damage to crops and
other property; tne railways, Joss of
traffic, etc, cannot be short of the Spanish
equivalent of ILOOO.OOO.
French Ketort on Kaiser Billy.
London, Sept. 18. The kaiser's remarks
about Kapolean as a "Corsican parvenu"
bare aroused very bitter sentiment In
France, and one Journalist points out that
Pi ussian royalty was compelled to bum
ble itself before the parvenu, and but for
Russia nd England would doubtless bare
remained subject to France. r
Talk's cheap, but when it's
backed up by a pledge of the
hard cash of a financially re
sponsible firm, or company, of
world-wide reputation for fair
and honorable dealing, it
Now, there are scores of
sarsaparillas and other blood
purifiers, all cracked up to be
the best, purest, most peculiar
and wonderful, . but bear in
mind (for your own sake),
there's only one guaranteed
blood-purifier and remedy for
torpid liver and all diseases
that come from bad blood.
That one standing solitary
and alone sold on trial, is
Dr. Pierce's Golden Med
If it don't do good in skin,
scalp and scrofulous diseases
and pulmonary consumption
is only lung-scrofula just let
its makers know and get your
Talk's cheap, but to buck a
poor medicine, or a common
one, by selling it on trial, as
Golden Medical Discovery "
is sold, would bankrupt the
Talk's cheap, but only " Dis
covery " is guaranteed.
MIPilOVIOU',rLfCTRIC BUT ANO SUSPENSQM
rKfcr lM -. HiVfr.V. Ma le Vr tl ia -refitr pt-l
pe. I irf nI rrrr rat Hfiknfk, en :zg f rtI, Hitd. uMih
Inc. nailB8bB i Mrrrttt J-' - riri t r Tir''ith " WFaR
PaK T: r-.t.na? :hm ;r Hr il lHtod VIMiKtU SSTKFMiTH.
HMtrtf I urrfsti rrli (itKnil. .r f fi rftii ;.'..i" iu cask,
fchl.T and fwn.on CurfiT t. anai in, W .rt ra fti
Wrnlli Cored it, :'-t nnmf.p. s--hirj t.ainrt it fre.
VN-nt"HT'cr'TpTrro iHijiii.. - 10.11.
No. 1804 Second Av
I ii . - j
s-. - H i
This firm hav the exclusive for this f 'vri'y 1
Fieiros eirci Oroas
WEBER, DECKEII BROS., WUFFir
ESTEY, AND GAMP & OO.'d PIA.( '
And the ESTEY, WESTERN COTTAGE ani Pit,
RAND & VOTEY ORGANS.
1TA full lice also of small MnMcal rn'rhanuite.
j. i. u uursijut. i-Toprietor.
No. 117 Eigbt-enth Sir
This new Sample Room is tow opn for bueiLtes. The bt t J w -1. c.
iiufuricu v. ii;rp am uyr on aanu.
This is the Time of Year
When people are preparing to keep comfortable during the winter
If you want to heat your entire house at an even temperature, the
best systems are steam and hot water.
BAKER & HOTJSMAN
are agents for the finest HOT WATER HEATER on the market, and
have already equipped severai residences with them, and in every case
satisfaction is the result. A large stock of
RANGES AND HEATERS
-ALWAYS ON HAND-
Special attention given to plumbing and coppersmithing.
Our hardware store is filled with goods of the best material, work
manship and finish.
Call on us at our big double stores, 1821 and 1823, Second Avenue.
BAKER & HOTJSMAN.
- ADAIS WALL PAPER C
PRICES CUT so that every one is pleased.
. Nos. 310, 312 and 314