Newspaper Page Text
VOL. XXX. NO. 2H0.
CLOTHIER,ST. LOUIS BLOCK.
Itla lot oficr. you can hear of it deal^^r in the Roady Made article of Cloth^UK issue a Challenge to the Custom^Tailors to equal with their work the^alas* of poods he is Belling, but here ia^an oooasion where you ran see it.
Takaa stroll about our city, MMftiM^the Suds you see your frieiubi have^worked a mouth to pay for; look nt tlie^specimens displayed at the tailor shops,^jid then come down to our atore; ami^if we can't discount them in STYIjK,^in FIT, in APPKAKANCK, in TKX-^TUIIE, and in PUCK, we w ill acknowl^^dge the corn, cancel our advertising^contracts and retire from business.
Youfixilish men I who have l*^en pay^ing $T^0, |*J0 and ^T0 for uSuit of Clothes,^^nine and see what we are offering for^anywhere from W to $rt.^it Riid we w ill^guarantee you will regret your nx-klosa^Waste of Wealth, and hereafter buy^your (Hothing from us.
ONLYWAITING FOR R. B.h.
MONTANA. TUESDAY MORNING. OCTOBER 2-1. 1889.
PRICE, FIVE CENTS
TheTime of Montana's Admission to^Statehood Left With the^President's Son.
ArePledgee for Senatorial Sup^^port or Patronage to be Made^to the Young Man
Thf Tower Harrison Ha* When (he Re^^turn* Are Sent on South llaknta^senator* All nt Sea.
Butanother point that will interest^yau la our cut on
FALLOVERCOATS,^the Finest nt #18. Take your pick for^118! Those Silk Lined, Wide Wales,^formerly f-'H now ^1K. Those Beautiful^Kerseys sold for li^^, now $18. Those^Bilk Fared Diagonals, worth ^28, now^|18. There ain't many of them, so to l^e^^ure of securing your choice MM soon^before they are all gone.
Washinoton.Oct. a*.^ Special.] ^ Preai-^dent Harrison has not yet issued his procla^^mation and he don't know whftlie] lie will^wait for Montana or go uhead without wait^^ing to hear from the returns from that ter^^ritory. It is saiil here that the delay is^caused hy Ivussell H. Harrison, who wants'^Montana held hack until he forces those j^anxious for admission to pledge him cer^^tain sapport, whether for I'nited Stairs^senator or for future stale patronage oan j^not he said. If the returns of Montana are^forwarded and a protest laid Is-fore the^president as to irregularities in the count. ;^he can either say he has no authority to no^behind the returns, as they are attested by^the secretary and governor, or in case young^Harrison wants the mutter held up. he may^claim he desires time to investigate the^irregularity.
Senatorl'ettiglew. ^^f South Dakota,^called on the president this morning, but^could get no satisfaction out of him as to^the probable time of the proclamation or^whether all the states would be included in^one document, or each state singly. The^president said lie would get nroiinil to the^matter after awhile.
fohllrmcilat St. Paul.
St.1*401* Oct. W.^i Pioneer Press^Washington sjs-eial says; There is a report^In n that the proclamation of the president^is delayed in all the slates, and in Montana^as in II. at tin in-.! urn- of Itusscll H. Harri^^son, who is figuring fni something. If^Montana is delayed It is more than likely^that the men who are anxious to have the^state admitted will promise young^Mr. Harrison anything h^ may^ask. to gel In in I ^ use his influence with his^distinguished sire. It is even intimated^this influence is to be extended to secure^the ao-opc rut ioti of the other new stales.^The scheme looks plausible, but it is not^likely the president would lend himself to^any such suggestion, esj-o-inlly if the re^turns an* sent in from Montana, and 'here^is really no cause for further delay.
SenatorPettigr, w. of Suith Dakota, to^^day asked the president for an uponm upon^the Montana matter, but he decbn d to e\^press himself.
OBIHEADS To PALL
THE^ Hon in TRIAL
hoimof Mrs. ^ aaklM ami Other
Iin Witnesses Vcslcrdliv.
V,to. Oft, At the opening of the^Croiiin trial this morning Napier Moreland.^employed in Dinan's livery stable, testified^to the facts of the hiring of the w hite horse^a* testified to by Dinan Saturday. He said^when the horse came back at !^:.^! he was^pulling and gave evidence of having l^een^hard driven. The l.uggy was covered with^sand and mud.
Mrs.Conklm. at whom' house Dr. ('mum^last lived, was the next witness. She re^^told with great length and minuteness the^story of how Pr. Croiiin wan called for by a^| man who ostensibly wanted him to go and^attend one of t ^'!^ullivan's ice men. who^had Isjen hurt. This was on the evening of^the murder. She identified the horse and^I'Uggy in which he was taken away as a^white horse and a top buggy, which was^taken from Dinan's livery stable on an or^^der from the detective. Dan (oughlin, one^of the prisoners. She also descrilied an in^^terview she had with O'Sullivan on the fol^^lowing day in the presence of a Pinkerton^man. O'Sullivan, she said, confessed that^appearances were against him. bill declared^that he knew nothing about the matter and^didn't send for Croniu. She was cross-ex^^amined at great length.
Mrs.Conklin'scross-examination brougbl^out the fact that within a few day* after I lie^disappearance of Cumin. 1'nhcc Cant,^Shaack brought Dinan's white horse and a^buggy to her house for identification, and^that she had failed to identify the annual.^^ In the 5th of May. when the animal was^brought bv a reporter, she identified it.^Mrs. Conklin accounted for this by saying^the circumstances of weather and light^were different at these times. The reporter^presented the animal under conditions simi^^lar to those when the doctor was driven^away. The cross-examination lasted until^lute in the afternoon.
('has.Heck, a re|Hirler. who drove the^horse to Conklin's house when Mrs. Conk-^lin identified it, merely testified lo^Huh effect. Sarah McCreary. who^was in Dr. Cronin's reception^room when a iiivsterioiis man came for him.^he gave n description ol the individual tal^^lying closely with that given by Mrs. Conk-^lin. Pr. Cronin's brother, from Arkansas,^testified briefly to having id. nlitied the^Lake View corpse as that of his brother.^Then Coiiklin. the suhsm kcc|*-r, with^whom Croniu resided was recalled and lis^tilled to having started out the first in-un^lag of Cronin's absence to search for the^doctor. At ^ (^Sullivan's house I he ice man^was seen and denied having scut for Cro-^iiin, or that anv of his men had been hurl.
(insklahr. MM tinsmith who soldi-nil the^mysterious tin Ihix for Martin ltuikc. the^Croniu susi*-ct. was set upon at a late hour^Saturday night and seriously heal en by an^unknown person. This is the second lime^klahr has been assaulted since his name
gainedproinineim connection with the
case,although the lirsl lime the young fel^^lows who were arrested for heating him^claimed thev did so MNM of insulting^language. Klahr asserts he was not drunk^last night.
DruggistHurlinghani. whose departure^for humpe followed the disap|^earanii ..I^Dr. Croniu and elicited considerable com-^meiil. has relumed. He reached ( hicago^Wednesday night and in an interview says^he came hack two nnmilis sooner than lie^intended. Ins object !^^ mil' lo ch ar liiin~ell^of any suspicion. He denies his departure^had any connection with the Cromn case,^and says his movements in Kurope an spM^to investigaliiiii.
RepviblicanTactics in the Contest^Case Tending Solely to Keep^Back Statehood
TechnicalObjections Urged to the^Mandamus Writ. But an^Amendment Allowed.
Toour numerous Lady Patrons, we^would any: Our Department of Cloth^^ing for Hoys and Children ib more^worthy of their attention than ever.^Complete in every detail, lines numer^^ous and varied, we feel that we have^outdone nil former effort* in the da piny^we make this year.
Thenobby little Jersey Suits are the^admiration of all that soe them, while^^he Plush Trimmed Ovenxwls size 4 to^1(V have induced pun lim-av. from ladies^which liao never before failed to Bond^east when anything was needcxl for the^little follow* Fully l.HU) pairs of odd^pairs for the ^little shavers,^ and Flan^ael WaisU fnmi $1 upwards.
PCiihleIn niseliarire nil of Tanner'* Kavnr-^n. - from urn. .
VMMMMi^tot. art.^A letter is made^public from Secretary Noble lo Col. J. K.^Smith, until a few days ago chief of the cer^^tificate division of tin- panaftaa aAaa,from^which it would seem not improbable that^those employes of the pension office who^were rernted are slated to lose their places^The letter says in pari, ^I deem it to the^best interests of the service that the men^who were reraled ill the bureau should uol^I continue there, to'exercise any influence in^i that direction, either by their presence or^| counsel, ami thai the new commissioner^should have better op|m.rliinily to correct^| evils which I consider of Hie grossest char-^[ acter.^ Secretary Noble was seen by a re-^| porter but said very curtly that the' letter^explains itself, and he has nothing more to^say about it.
11n r^ v iy shit DOWH.
NioeXriil.ilml Machinery Likely i., si,,,,^Operation* at llorr.
Livikoston,Oct. as. ^ [SiieeiHl.)^ It is^said here to-day that owing to an unavoid^^able delay in g- tling the machinery fur the^new coal washer at the llorr mines, the^washer will not be put in operation this^season. The work on the building, how^^ever, will be pushed as rapidly as pissihle,^but should the machinery not arrive in^lime the mines will necessarily be shut^down until spring, as the coke now pro^^duced is so full of u.ii as to be of little use^in the smelters.
Prof,prank Tweedy, in charge of a geo^^logical party which has been making oon-^tour uia|M of the Clow reservation during^the summer, arrived here to day and pro^^ceeded to disband, having finished the^summer's work.
ToTest Hie Miniiexita Law.
WahhihuTon,Oct. as.^The supreme court^to-day advanced and si t for hearing before^the full bench the case of the state of Min^^nesota vs. Henry K. Harber. The point in^^volved is the constitutionality of the state^law providing for the insertion of all cattle
la-foreslaughter slid making it illegal lo^sell dressed bit I that has not been impeded^Is-fore slaughter. 1 he caw is interesting to^all dress, d beef shippers.
Pi*atki.lo, Idaho, tlct. as.^|Special.)^^Logan Carlisle, son of Hon. John O. Car^^lisle, who has been sick lu re for some time,^is now out of danger. The speaker hopes to^Iw able to leave for his Kentucky home iu a^few days. Mrs. Carlisle, though worn out^by constant nursing, is quite well.
lieAttempted to I ^t ape.
Ai.r.PANnBU,Li..Oct. as.^.John It. Orccn,^colored, was convicted yesterday of rs|^e,^the jury bringing in a verdict of ^Ciuilty^without capital punishment.^ While the^sheriff was conveying him back to jail the^prisoner attempted to escape and was shot^and killed.
THKBALI OK THI mills.^The minnen|H^ii* naaatasj Iwtaaaehi la ^t
lothe Lnirlisli.^Minnkaisilis, Oct. at*.^The recent report^that the C. ^'. Washburn mills had lieen^sold, is followed to-night by the announce^on nt of the sale of the 1'illsbury nulls, and^also that the sale of the Washburn mills is^about to be consummated. For tin' lirst^time in connection with these deals the^price is given as regards the I'illsbury in^^terests. It is that the option on the 1'ills^^bury system of mills and elevators calls for^#.r^,t*tM^.^MM^. The purchaser is the iaffHal^syndicate heretofore mentioned, and the^sale is on the same plan as outlined ill these^dispatches some time since The I'lilsluily^mill will Petals an nib-rest in Hie in w com^^pany.
Whenseen by a reporter of the \-soeiated^Pri-ss lata to-niVht and asked regarding the^sale of the mills, I'illsbury handed him the^following typewritten statement, in addi^^tion to which he would say nothing: ^If^the proiierty is sold it will be to a joint^sbs'k company, in which we shall retain a^very large interest, and We shall fa^agn e i^same.
companyorganized in New York or some^oilier eastern city, and as far as the public^are concerned. 1 cannot nee how it will af^^fect them one way or the other.
yiiolh.i Million for Itrlay Whlrli Will^lie ArRlieil liy llnlli sol,. |n tourl^Tills Morning.
Hrrra,(let. as.^[Special.|^The first day^of the gn.it legal battle has come and gone,^and it has left the mailer exactly were it^was, the whole day having lieen wasted on^a mere legal quibble raised by the republi^^can side of the house. The whole effort of^the republican counsel is directed toward^producing delay, in the hope ttint some^^thing will occur to put a stop to I he pro^^ceedings; either that President Harrison^will proclaim the territory a slate, or fail^^ing that, that Judge DeWolfe will be re^moved by the president. The reluctance^with which tin y approached Hie argument^is proof conclusive of this fact. Judge De^Wolfe acted with the graatcst fairness.^Twice during the day he stated thai, reali/^lie: the magnitude of the canse ami the ini^|mrtance.if ihc issues involved, he was pre^|^a red to give up his entire tune to the case^ami grain everything in reason to the at^toriieysiin the way of allowing them time^b^prepare their answers. It was noticeable,^however, that his disposition was lo brook^no unnecessary delay, as was shown when^Mr. Campbell asked for twenty-four hours^in which to get ready to reply to his^own mutual. The law of precedent in the^district court gives the op|ioHilig side the^right to IWi iily foui hours' I line in pn par^^ing an answer In a mot ion. tins .1 ndge^Medium II cheerfully waived, and wished^to prooeed lo argil men I al once. Mr.^('aiupbair* only excuse was that the service^of another will on the board of canvassers^to advance the date of the legislative^cases, embarrassed him iu the argument of^his motion. With great indulgence, bul^with evident reluctance. Judge lie Wolfe^consented to adjourn court until III o'clock^to nun row morning.
Itis very apparent that he intends to try^the case in an entirely niiputisan manlier,^and there is no one in llulte to-night who^questions his fairness. An indication of^(lie way in which the republicans Impelo^secure still further delay in found iu the^tiling ot an exception by Mr, Campbell to^the ruling of the afternoon, indicating that^an apja-al will he made and an effort pat^forth I., stay proceedings in this WHUMff,
tiikcask in coi iit.
TheCourt house clock was si rikuig pi tills^morning when Judge DeWolfe i at. red the^district court risiui and uskiil I'mler Sheriff^Thomas In announce the opening ol lla^court. A session of a court has never Is en^iu in 'united iu Montana in the presence of^a more brilliant display of legal talent. (I.^W. Slaplelon, Judge McCoiinell, K. \N.^TihiIc. W. V. Peuils'iton, John X. Kurbis,^Sam Word. .1. J. Mcllatl in and M. Kirk^patnek, distinguished democratic incniln is^ol MM bar. Were present, while Thompson^Campbell. Judge Hiram KiiowIch, (iisirge^Haldorn mid K. K. Mellrale were^present from the republican side^of Hie house. W. A. Clark and S. T.^Mauser. A. J. Seligiuan, T. C. Power and^Lee Mamie were among i lie ploinuii nt pall,^HHaus present, while scarcely a cornel of^Montana was left unrepresented. At the^usirning session Judge McCoiinell ami Mr.^K11 kp.it i i^ k only appcari d for the plaintiffs^ill the cause, while Thompson Campbell^aa4 lud^e KiiowIch appeared for the dc
felisc.In the afd rnisiu session I lie deiuo-^contiuue in the iiiiiuagemeiil of the oratic side was Hirenirthelled by the uddi^Tha sale, if made will be made to a llllU ,)f Wurri-li Toole.
Thecourt room was crowded, avu] nvail-^able inch of space being occupied. The^court slated that the grand jury venire was
Mr.McCoiinell said he did nut know^whether the court wished to hear any reply^to that or not. He never knew of a writ of^mandate issuing iu any other form than in^the inline of the people. If there should Is'^anything iu the (mint raised by the^defense, he would move to amend the writ^bv striking out the word people. Mr. Mc-^Conuell referred to the celebrated Xlorida^case of a similar nature, and said the writ^then had been issued in exactly the same^manner.
Judgehnowles responded at some length.^^ piotiiig New York, ( alifonua aud Nevada^cases of a somew hat similar nat ure.
JudgeMcCoiinell read from a number of^legal blanks which he picked up in the^court room, iu every one of which the same^expression was employed. ^ The |ieople of^the territory of Montana,^ as was used in^the writ.
JudgeKnow es statist that the organic^act called the territory of Montana a tem^^porary form of government; therefore sov^^ereignty was in the territory and not in the^BaaBH of the territory.
Thisquibbling occupnil all li^Tur and a^half, until II ^ o'chsk. when Judge^DeWolfe stated that ill the absence of all^legislation on Hie point in quest ion. ami in
thepresentf that organic net as quoted
liyJudge Knowles, he was of the opinion^that the writ should read as claimed by the^attorneys for the defense. He said thai^he fully realized the magnitude and^importance of the case. He had plenty of^time to hear and would give the counsel all^the time they desired lo consult the authori^^ties they might desire in regard to the ques^lion at issue. Though the niatler was a^technicality, yet the court was obliged to^take cognizance of technicalities. The^wril had Ins n directly attacked, and he was^of the opinion thai the attack was well^founded.
Mr.Kirk|Hitrick said Ihc plaint iris did not^desire In resist Hie motion further,^but would ask have to amend^the title by striking out ^the^1* ople of.^ HeB read from the statute^staling the right of the couit to amend any^proceeding in the interest of justice where^error was shown. The statiile clearly cov^ered Hie point, and he did mil Hunk it^would be resistetl. Mr. Campbell stated^that he did wish to resist thai motion. 'I he^change desired virtually substituted au-^ol lu r |mrly ill the action, and that could^not be done hy amendment.
Atthis |miiuI Hie courl ntljoiiimil until a^o'clock to give counsel an op|sirlumty lo^produce authorities in supisirl of their jsisi-^I lolls.
iuk i'l l ision.
Theteinjsirary and seeming advantage^seemed lo the republicans m the decision^of the court sustaining the motion to dis^^miss the writ of mandate in the Mediation^case on an extreme technicality inspired^them With confidence in the belief that de^lay would be secured. When the decision^of the courl was rendered an application^was made lo amend so as lo make it con^^form with Hie decision of the court, and lor^two hours during the afternoon session ar^^guments in siip|n^rt of and against the^jsiwi i ol'the coiiil lo |s rm it Ibis were in^^dulged in.
Tinrepublicans know very well Hint their^only chance is, anil il might be truly desig-^uali d a desiN*rate one. to delay prooeeitinna,^and when Hie decision was unfavorable in^tlieiu U|miii the motion lo amend Hie bright^Iio|hs which began to assume a tangible^simp disap|^ ared, and melancholy seemed^to settle uimiii 11., in
111permitting the amend men t, Judge De-^Wolfe said: ^ This morning I gave as a rea^^son for my opinion, thai neither in the or^^ganic act nor in am statute in Ibis lern
br\ were the |m ople of the liri'ltorv of
Molilaliadesignated as a political entity,^that had the right to go into court, and in^aauiuch as the territory of Montana was^Maatai by the organic act, il seemed^to me that the sovereign |siwer,^if I aUglM qualiliedly use that^term iu connection with territorial govern^^ment, rests tlu-rc. Il seemed to me, bow^evi l, at thai tunc, as counsel bus well^stated, that this motion was based U|mu ex^eisdlngly nulled and technical grounds;^but inasmuch as it was presented to me, It^had to Is decided. I decided It with the^best light Is fore me al that lime. I have^listened carefully to Hie authorities which^have been cited bearing uism the aaaatioa^of amending this wril. These cases which^have been cited by Mr. CatnpbatJ are not^analogous to Hie one at bar. I he princi^^ples of lilt* which are therein enunciated^eaiiiuit be coutmvi iled: but lin y are not^oiedii att d ii|h.|i facts such as exist here,^tin |n ople ol t he b rrilory, iind the tern^lotyo Molilalia siile.taulially express the^same idea and the same Hung, and in^this pfUOeed iUA| Hie purpose is to in^^voke sovereign power, whether il is^vested ill He |m'opl. of Hie territory of Mou
tanaor in the territory of Molilalia, h
Iln'fuel Hint Hie li rrilm y of Molilalia is^ib signal)d in the organic act as a political^entity, and lb* paopU of the lamturyof^Molilalia are now here mentioned aia pO-^Utiaal entity. I have held Hud the writ^. a tild run as I have decided, bill hi sub^^stance and iu r. ably, they are precisely the^sill lie thing, considering Hie pui|msis^sought to be accomplished hy the proceed^ings: and I think, under the liberal provis^^ions of our code ill regard lo llli.elidlin tits,^that this aim ndiin ni should be allowed.
intoslatelnsid^ The delav, if any. has^been and is now iH'casioiied by the repulill^cans. Thinking that the future may possi^^bly disclose something promising, brought^about by circumvention and fraud, they are^determined at all hazards to delay proceed^^ings. Their ei|s.ctatioiiH are visionary,^however, and unless something unforseen^happens, the next few days will see the^ambitious of a few republican senatorial^aspirants buried forever in the grave of ob-
TheVlavor ol Kansas ( liy Itesenls a ^'^^-^BfaaMBaaw LaiiKuage.
KansasCity. Oct. ^JH.^Mayor Davenport^this afternoon slap|M-d Congressman Tars-^ney in the face and narrowly escaped beinn^shot. It was all on account of the enter^lainmcnt of the All-American tourists. The^mayor had vetis^d, on the ground of uucon^stitutionality, an ordinance |msscd by the^city council appropriating fl.lM) for their^entertainment. The council [uissed it over^his veto again, and then the mayor ordered^thi' city treasurer not to recognize the^drafts U|sin the treasury for that purpose.^At a meeting of the committee at the Com^mercial club this aflennsin Congressman^Tarsm y referred to the mayor's action in^uncomplimentary terms. Mayor Daven-
portreplied that if hiubl help it not a
centof the city's money would la' used i.^legally, but h^ would contribute from Ins^poaM in^ much aa Tarsney or any other^man for the entertainment. Tarsney re^^plied ^I do not can to resort to Bitch a^|s.sthuinoiis measure.^ Daveii|siit uHkcd^congressman to repeat his remarks,
THESUFFERING DAKOTANH.^^aaaataff Paaatat Appealed la Hlaaa*
Mtta'ii Measures uf Itellef,
Washinoton,Oct. a^*.^1(^ praantaatw^Hansbrough, North Dakota's new congress^^man, called iijsin Secretary I'roclor to-day^in the interest of the inhabitaiitsof Kamsay^county, that state. Crojis have tss u bad^Hie past two years and tin y are madesli-^lute condition. Winter is approaching and^I hey are not able to purchase fuel. Hans^^brough has asked Secretary ProatM to |s-r-^mit the destitute settlers to cut lirewisid^from a timber tract on the Devil's Lake res^^ervation, Port Totten. The secretary not be^^ing certain in his authority in the premise,^told Hansbraiigh he Would give his answer^to-morrow.
Minnk.usii.is,Del. a^\ The Hoard of^Trade this morning upiiouited a anaial^committee to serve through the winter,^whose duty it will be to collect and distrib^^ution of several counties in North and^South Dakota. Additional reisirts have^been received here concerning the distress^^ing condition of things aud it is said at^least l,l)l^l families ill South Dakota are in^a stati'of dest it ill ion. The county coin in is-^sioiiers of South llnkota have authorized^the purchase of coal, but can do no more.
TilI DKATfl MOOBD.
WilliamHenderson, one of the oldest and^Is'st known theatrical managers iu the^country, died Sunday at Stockhridgc.Masa.,^of pneumonia. He w as ml years old.
Mrs.Charles Crocker, wife of the late^Charles Oroakai of the Southern Pacific^railroad, died suddenly Sunday afternoon
OuyA. Hrown, of Lincoln, Neb., state li^^brarian and reporter for the supreme court,^died at his home in that city on Sunday.^He was a prominent man in the state and^did much to advance the interests of the^Protestant Kpiscopal church in the weal.
'Ihe intent ion is clearly manifest Hint it is a^not n till liable until next Monday morning, | proceeding intended to be instituted in tin^^ned asked if there were any motions. Mr. name of that political Bfitity which was
Campbelltook the Hour and elated Hint he^had a motion to lib- iu the case entitled the^Pi ople of the Territory of Montana ex rcla^lean J. J. Mcllatton vs. W. M. Jack, W.^V. Hall and Caleb K. Irvine, the hoard uf^canvassers for Silver How county, at the^electioll held October I. He supposed the^court was familiar with the prior proceed^^ings, and would not go into detail. The^court preferred that he should Is-^minute, and accordingly Mr. Campbell^read the |stition on which the^writ of inundate issued, and then^the writ itself. He then asked leave to file^his motion without the usual twenty-four^hours notice, and Judge Mi-Conuell con^^sented. Mr. Campbell then read his mo^^tion, which demanded that the writ be dis.^charged as it was really no writ, in that it^did not issue in the name of any territory,^government or sovereignly known to the^law. His point, divested of verbiage, was^thai the will should have rend: ^The ter^^ritory of Montana, ex rel, etc.,^ instead of
Theis oidc of^ex rel, i le.
Thepalnl was the merest kind of a tech^BiealHy. The writ of mandate was a pro^^ceeding of very ancient origin: il was a^very high pafuaative. In old X.uglish law it ;^u - i--ucd only in filename ^if the sovereign,^and that wasslill the case in Knghuul. Jn' |^this country ciiHtom had worki d dill, rently, i^and a private citizen culd |M'titiun for a ^^wril of mandate. In this case Mellalloti^was found ap|^ aliiig for a writ of mandate^on behalf of the people of Montana. | he^court could not issue a writ^except in the name of a consti^^tuted government^not as a candidate
bulas all candidates. The Montana stat^^utes required that such an act ton be begun^in the name of the territory of Montana,^iind not in the name of the people of Mm.,^tana. Mr. Campbell then rend authorities^in support of his position, and asked that^the court discharge the writ.
formedand colateil under the organic act,^tovvil: Tin ten itoiy ol Monhnui.
EvktattUjthis was KBMtai. for scarcely^was Die decisien made when atr, Campbell^made aiiotbei inol ion which n ail as IoIIuwh:^^Now come (he defendanls by their at^torneys, Uimiii hnowlis and ThcMCBaoa
Oanxpball,and ^piwailat for tin- parpuaa of
thisinolion only, move the court to quash^and m l aside and discharge the amended^writ of mandate la-ing on the follow ng^grounds, tu wit: Kirst.lhat tin- said court^has no jurisdiction of said d fendanl board^or of said defendants, or either ol them, on^the following grounds, to wit: Kirst.lhat^Hie said writ is made returnable at an ear-^lu r day than ret urn thereof authorized by^law; second, that there are Iwo other writs^other Iban the one now im force, in a pro^^ceeding In twis'ii the same partu s, com^inaiiding the same act tube done and |sr-
formedby the sallefeiidiints as herein.
Badreturnable another day. lo wit, Nov. 7,^A. D. IHs'j, before Hie same court, the same^judge ami al Ihc same place, and forthwith,^I hud, that the judge of said court was, at^the dale of the issuance of said writ herein^by liiin. wholly disqualified from ai ling as^such judge ami issuing said writ, because of
theterritory of Montana. I MMhajl nib rest in the result of the pro^^ceeding to enforce the same; fourth, that^the judge of said court is how wholly dis-^qualifh d. sitting as such judge in Hie hear^^ing herisjf, or of making any further order^herein, by reason of his interest jM t|^, r,._^suit of tat proceedings herein.
Thereading of the motion was supple^^mental! by a \ n onius apaaal for time.^K.,uie philosopher has staled thai time is^the essence of all things; surely its im^^portance in this election contest is not^nnderwliiualad by tha republicans. Mr.
Campbellwanted tune, and that, too, in the^light of the tact that be had six days in^Which to prepare bis return on Ibis w rit^I [sin hiN application time was granted, and
aoarlkdjoaraad until 10 o'clock to-atorrow
IIIthis conmclioii the qiii Hlion might be^pertinently pat, On what logical foundation^do the republicans predicate the charge that^the democrats are obstiuetuinists, and that^they are delaying the admission of Molilalia
Mellallotiapplied^n a private capacity,
Tarsneycomplied, but the words were no^aiatner out of his mouth than the mayor^dealt I^lin a resounding slan full in the face.^Tarsney reached into bis hip |ss ki t for a^revolver, bat frauds prevented him from^using the weapon.
\i;iin B mi: m \N
Theold rjktaf oi Mm ^agtaaan hasaaMaaf
Ina ^aaatag Majin III^Dcnvkb. Col., Del. aft. Iln assi'inbling al^IIo'clock this morning the convention of^Locomotive Knginccrs proceeded lo put in^iioniiualion candidates for grand chief.^Tin-Ohio delegalion ii.inud P.M. \rtlmr.^This was followed by Hie noiuinalioii of^Vroiimn, uf North Platte, Neb., Wilder, of^Sed.ilia. Mo., and liellows, of Mississippi.^All informal ballot was callisl for and I he^result showed Arthur had the convention^almost unanimously. This gn at change in^the feeling of the delegates is supposed to^Is-the result of the ris-i-nl trial and sen^^tence ol tiiauil Officer Cavein r, of Chicago,^'the lirsl formal ballot decided the ques^^tion by the fillowiug vole: Arthur, :lbl;^Vromiiu. Ml Vedder, I: del low,,. 1. The^conventi.ui ^d|.aimed al aanC
Onreassembling the convent ion proci^ed-^eil to the elect ion of a third gland engineer,^the result was not made public mil il to^night, whan Chief Arthur staled that Jos.^Spiague. of Canada, the present incumbent,^wus re elected by a unanimous vote. Nom^illations were then made for second grand^aaal taut engineer. Bedriok. of Pennsyl^^vania, and llaus, of of California, were
thafavafitaoandidataa, bal alter mx bal-
lotshad In i n taken w ithoiil an) result the^conveiition idjoanad lill tomorrow.
|IDating tha aftarauon }tha eon*aattaa ap
pointeda conimtltee |lo call Ipoa John ,1.^Ilailigan, of Chicago, vice grand inaslet of
theInternational rbvMhatttood ot Laaa
motiveI'lrenien. who is in the city attend^lug a called iiiis ing, and request him to ad^dress Hie brolherhoiul. Mr. Ilarngan h|^-
paaradbefore tha aaai*aathiB just before
adjouriimeiit,and delivered aa interest lug^addr^-ss in which he heartily i ndorsed the^quest ion uf federal ion.
k'eataida*aaarli ona kaadrad aad thlrti^deiegaic sol the ititi 111 it tonal BrDtharaoodof^l^*^^motive Xiremeu, representing )-very^section at tha l ulled Stales, met iu secret^session to consider Hie question of the pro-^paaad federation. J, .1. Haniugan, vice^gland muster, Ihoioimhiy explailied the^mutter, as did other advocates, after which
thavantioa vutad aaaadanjaaly in favor
offideraliiui and ;ip|suuled a couiniiltee^tO aOtify the Hint hel hood of Iss ollliil iv'^^Lllgllieels el Hie result. The delegates Will^aw .il Hie action of the engineers, and it^in iv be that another si ssiun will be lie-i s^sary befure a thoioiigh audi nrtindlna is^laaahaaL
Cihmiksion,Minn.. Ih-l. as.-The bittei^)-r)issinu |ajU between Hie lliiluth, Crook^ston A Northern and Hie Manitoba roada,^which has ham in progress fur two days,^was brought to a bs-us yesterday. The^Manitoba had engines and heavy trains^alsive mid below the promised crossing, and^was evidently determined not to let the^other road across. Hy daylight, however,^the I Hi loth road men had ihc lilies laid to^Within a (aw (art of the Manitoba tracks.^The forces of the latter road were then or-^ih n d by Supt. James to prevent a crossing^Is'ing made, .lames was immediately ar^rested and carried off, notwithstanding^stout resistance. The Manitoba forces then^wrecked an engine ami Hat cars on the pro-^Is.scd crossing. whereU|sin the wrecking^crew was also al tested. The Duluth offi^^cials, after some consultation, decided to^await Hie decision on an injunction.
AnotherItallriiail ( niuliliip.
Huston.Oct. as.-The News bureau says^the I nion Piicinc-Northwi stern traffic al^^liance may hasten the consummation 0f ^^greater railroad alliance between tha^Chicago, IturliiiL-tnii A Qafaan and Chicago,^liiirlington A NoilheiTi ami Manitoba west^of ^ hicago. with the Pennsylvania railroad^system east of Chicago,
The^tVonilel ^ I ns,..
Chuaoo, Oct. a^.^A forty-seven round^prize light took place yesterday at Hani^niond, Ind.. between Louis Michel, the^^Ik-lginm Wonder,^ and W. J. Nelson, the^^colored phenomenon,^ wilh four nunc*^gloves unili r l/uecnsbury rules. The white^mail was knocked out in the forty-seventh^round after being knocked down six times.^He was terribly punished.
KeeleIs liy ing.
Hoson,Ib-t. as.^Thomas J. Kelly, the^friend uf John L. Sullivan, who Saturday^cut Ih.-throat of Thomas hecfe, alias Shea,^waived an examination to-day and was held^in PHyM bail, his fe is dying.
HliisiKl.tN,Oct. liis.^In the eighth World's^championship game the scire was: New^York. I'l; Hrooklyn, 7. The butteries were:^Xor New York, Crane and Kwiug; forBnsik-^lyn, Terry, Xouti and Visner.
Uradlaugh,who has lieen suffering fr
congestionof Hie lunga. has recovered.