Newspaper Page Text
fc it'Vso." tei f lV ;ggg55cpp CJ swwv w it's so,"
I.,. j i . ' VOL. I.llv7().3ll. " NfiW YORK, SATURDAY, AUGUST 6, 1892. COPYRIGHT, 1892, BY THE SUN riUNTOG AND FUBLIS11.NQ ASSOCIATION. - PRICE TWO CENTS. 'THE APPORTIONMENT ACT. -jrrDon nmtfinr nnciniut that Titr. ZA1T XH VSCOXB111VTIOXAL. Vila Opinion Ilnecd Mainly Upon the Oronnil or tha Ineqnulltlr or Population In the Mintti and Aeeemlily lllitrlete-The Court Overrules the Objections that the . Cenina Wan Taken In 1"3 Inetcnd or SIMS, nnd tlmt the Act ( ould Not ho I-asaed nt an Eilru. Scealnn The Cine to lie Taken to the t ourt or Appenle. ' BocnKSTEn. Aug. 5.-Justlco William Rum- eyof IheBuprome Court to-day rondorod his "decision In the ensu of llio iiooplo. ox rol. CharlesF. Pond, ngalnsttlio Bovidof Supor- 'srlsors of Monroo county. Involving tlio constitutionality of tlio net of tlio Inst t Legislature making n reapportionment of tho Sonato and Assembly districts of tlio . Btato. Mho Court holds that tho law Is J, , unconstitutional, nnd for Hint reason docllnos ' to Issue a writ of mandamus requiring tlio Hoard of Supervisors to reapportion tho As- ' 'nembly districts of Monroo county as declared by tin act. alio following Is nn extract from ' Judas Rumso)'s doclslon: "On tho lyth of April. 1802. at nn extrnor- dlnary Bosslon of the legislature called for I the purposo. nn net was passod to reorganlzo ' tho Senate nnd As3ombly districts nnd to ap- portion the members of Assembly. Ily that act thero wero allow od to tho (county of Monroe threo mombors of Assembly. Tho net roqulrod that tho Boards of 8uporvlsors of counties which wero Lntltl8cl to moro than ono member should I. meet on tho third dny of July and ilh Ido their I respective counties Into so many Assombly districts as thoy wero entitled to. Tho Supor C visors of Monroo county met on that day. ' but rofusod to procood under tho not, nl- Ieglng as a reason that It was not .constitutional. Thoroupon tho relator moves , flora writ of mandnmus to compel them toact . It appears that tho rolator is n cltizon of Bocb- ; aster, Monroe county, and nn elector thereof, i and It further appears that the city of Roch- t ester, with n citizen population of l'J0.355 , eonstltutes ono Assombly district, nnd that tho f remainder of tho county, with a population of 151.875. Is divided Into two districts, thus IT giving 25.937 poople In tho towns tho snmo ? representation In tho Assombly as Isglvonto tthe population of this city. In this way the ('poople of tho city of Rochoster, Including I the relator, aro doprlved of their nropor ropro- . t eentatlon In the Assembly by the refusal of jtthe Bupervlsors to aot aithe bill directs. It A I any act of the Legislature vlolatos theConstl- "J .tutlon it is a nullity, as It It had never been. ITHo rights can be acquired by it and no duty 'Imposed. sr "Boards of Supervisors are quite as much j.oundto regard tho Constitution ns aro any other officials, and If a law, so called, socks to "compel them to do some not which tho 'Constitution does not authorize. It Is their duty, like any other person, to obey tho funda V mental law and pay no attention to the decree j, Which violates It In the first place. It Is settled . that there can be no presumption that tho legislature had any but public- nnd proper .motives In view In the passage of any j met In the second place, no act of tho 5 Legislature can be adjudged unconstitu tional unless It Is olthor expressly or tbynocessnry Implication In conflict with tho I tundamental law. But while theso rules are Ijrell settled and always to be followed, be cause theyonly Are consistent with therespoct Serbian the courts must show to a coOrdlnato (power of the btato, still it is also settlod as rtrtted by Judgo Allen, that tho act violating 1 the true Intent and meaning of 'ho instru- pent. Is an invasion of its term as properly Interpreted and understood, nnd mistim ing Its general and cleat ly expressed and Implied purposo, is as clearly void as it is in SxproBB terms forbidden (Fooplo ex ml. olton act. Andorson. 55 N. 50. 555). The composition of tlio Legislature and boundaries of several districts are estab lished In tho llrst Instance by the people in their Constitution, when so established they must continue ns made un less thn people fall tochongo thorn, or unless thoy nuthorhto some one else to do it The Boworthen Inn Ing its origin in theConstitutlon, Is llmltod by tliut Instrument and must be oxer clsod In the mnnnor therein proscribed. Tho general rule is that to duo execution of a power th ore mutt bo a substantial compllunce t i with ovory eondltlon required to precede or accompany its oxorclse. - "1 am llrmly rorsuadod that tho principle 'Which allows any provisions or limitations of tho constitution to bo construod ns directory and not as mandatory. Is per- ' plclous and dangerous, and such con struction is not in accordanco wlth tho limit of authority, in this Btato nt least , It Is by virtue of tlie constitutional provision that the Apportionment act was passod. nnd the objections to It, based upon theso sections, are: " 1. Thnt the enumeration upon which It Was bacod wusiuadulu lb: U, und not ten sears After 1855. " i. That the et raordlnary session at which the actwah pnssort was not tho besMon aftor . the return of the enumeration within tho constltutlontil pioislon. I "3. That thn npportlonmont Is unconstitu tional, because In estimating thn number of Inhabitants in the new Bonuto districts per sons of color not taxed wero Included. "4. That both tho henato and Assembly ap portionments are unconstitutional because the Senate districts aro grutudy unequal In pumbor of Inhabitants, nnd tho members of Assembly aro not apportioned among tlio counties ns nearly ns may be aceonling to the number of eltiron inhabitants, hut that com- mand of thn Constitution Is Ignored. "lamnulto clpar that the census for tho ?iurposp of npportlonmont cannot be takonun II tho time provided In tho Constitution has urrhed. Miother. if npt then takon, it mar bo taken at tho carlloet possiblo moment nfter irard, and a valid apportionment m ly bo based upon a census then made, might he doubtfjtl lflcwns an original question, llut I am of opinion that tli.it quostlon. as well as tho Question whothor apportionment maybe mads at an extraordinary sogfllon of the Legislature, has been decided practically by cnurtH of high authority, und therefore I shall not consider thorn. It is clear thnt tlio constitutional cen sus, as It may be called, furnishes thn only in formation for tho Legislature tousolnieor Ctnlrtng tho Hvnule and Assombly districts. "The law directing tho census upon which the apportionment as bsed makes no pro vision for ascertaining the number of jlorsous of color not taxed, and theie is not contained . In tho return to tho Legislature any informa tion on that subject. '1 hat there aro a largo number of such persons who are ciiizeiiR ap pears by the papers, ami If It did not so ap pear 1 nao ninloubt that the coutt would be obliged to tnku judicial notii e of so notorious a fact with regnul to thn population ol tho Btato. Tim number of mch iornon was not deducted fioiu oilier rlilunH in rcormiuli'lng v tho henatodli-trlctf. It is rlc.u Unit llio (in stitution requires th.it tlie Mini! bo excluded. It is claimed by eounsi'l for tho relator that this exclusion of i ei sons of coloi is a vio lation of tho Fourteenth and i'iltcenth amend ments of tho 1 odcral I'oiihtltutlnn As to tho Fifteenth amendment, It is sufllclent to Kiy that It protects alone tho t lu lit to ote, which Is not affected by tho pioilslnn of the sinto Oonstltutioii now In ii'iei- Ion. The 1 our teenth amendment iirohlhits an abridgment by any bt.tte of Hie jirhllcges or immuni ties of cltl7oni of the I'nlted Ha'e. 'Ihe firlvllegos thus protected mo priillegns of he citizens of the I n ted Hates at such, and not those wlileh nttu'htu tho cltloiii of any particular Htate. ni htate may rcgulatothe political rights of It own eitlons, except ns i prohtbltod b tho amendment, hut It cannot Beprlvo tho citUunsiil oth-i .dates to become I Its citizens, from sharlngtheli iightshi(ditli I Ilkeclassof clheiiHoujo) unleritHgr.eniiiient f The direction of onrl nnstltutlon, then, is not i prohibited by the national fundament il Iiiui-. It Is proclso, eleir. and pnaitlM'. It I.'.uch nothing to the i m re'lon of the I cgndalure It Is quite clear tint il was Ign K'd by t lit Legislature In ini-sln,' thn euuimiiuthm law ana thnnppnrlloiiinunl la'V based uiilhuu il eus taken under it "The next obiecllon takon to the act Is tlmt it violates that in nn lion of the I'nnntliutum thattlie rienuti'ill.tuctM hallcont il'i.ns mii y as may be, an equal number of inhahltauts, f.nd that the Asseinblinien shall be iiiq.iir loned among (he hu,eiul counties, as nearly as may be. according to tho number ot their Xespectlvo luhabltants. 'TheConstitutlon prohibits the division of o county In the formation of a heuate district, l unless such countyslmll be equitably entltM " . to two or moro Bouotorc, and requires that I each county, howeor small Us population, shall have at least one member of Assembly, 1'ulton and Hamilton bolng rnted as ono coun ty for that purpose." .ludge ltumsey horo follows with astatoment of the arlotis Inequalities of tho Honnto din tricts of tho htate. and passing to the Assem bly, sns; "In thonppoillonment of Assomblymen wo srothat Albany, with 1.50.74a people, has four momtiure. whllo Monroe, with l81.'j:ui. has three, which Is tho samo number given to Keni-selaer, with l'Jl.d'ju, snd to Uuccns, with 12i(l74. Uutchoss. wlth75,07H has two mem bers, while Kt. I awrence. with 80.1178, and Chautauqua, with 7s.8S4. have each hut ono. " It needs no argument to show that tho Con stitution mentis wlutltsnys when Itrtqnlrea thut each dUlrtct shall contain as nearly ns may lionn equal nunitier of Inhabitants, nnd that tlio menibors of tho Assemldy shall bo apportioned among the counties, ns nenrly us may be. according to tho niiuiboi of liiliut.lt nnts. It Is the intention of thn people that oaoh person shall have as nearly ns possiblo tho came Inlliieuco In Oovernrnqnt ns any other person, so that the representation of tho Constitution shall bo of all tho cltUons equally. 1 shall take no time to establish what must ho concede 1. that tho People intended thnt rcprosontathui in Sennto and Assembly shall be as nearly equal as possible, llut it Is said that this matter Is tuft to tho dis cretion of tho Legislature, nnd that dis cretion cannot ho re lowed by the court". That srme discretion In that tegard is ,ostod in the Legislature cannot bodenlcd, as It must hne been left In the nnturo of things. Hut It Is just as clear that tho discretion Is not abso lute, l ecaiiBolt Is oxpretsly dlieeted thattho apportionment should lju uoual. 'as near as may be.' "As Is said by JudgoHheploydB Malno. 4721: "Thoory Ianguaun limits, or more properly prohibits, any biicIi discretion by declaring Hint the conformity shall be. 'as near as may bo' that Is, as near as It may be practicable to make them, having regard to tlio numborof Inhabitants." .... "There Isn wide distinction between such a llmltod dlseiotion nnd the absolute powor In tho Legislature to do as It pleasoB. It must bo remombered that tho making of nn appor tionment Is not. like the passage of a law., a matter which is to bo dono or not as the Legis lature seos lit. It is an absolute duty imposod by tho poople. without a sanction, it is true, but none the los n duty. "The power to npportlon Is limited by the conditions of the grant, and those oondltlons inhere In It, When the Legislature disre gards them It goes beyond its constitutional power. If the constitutional limit is over stepped, nnd tlio Legislature ennctB thatwhlch the people have forbidden. Isee noreasonwhy the courts should not take their stand at that point nnd assert the supromacyot the funda mental law. . , "Tho conclusion that I have reached, tha tho action of the Legislature In apportioning tho honnto districts and Assemblymen Is sub ject to rovlow by tho courts, lssustilnod by many adjuced cases of high authority. There oan bo no doubt that tho apportionment of several Henato districts is so manifestly nnd flagrantly unequal as to amount to a clear vio lation of the Constitutional requirement, as Is also tho undoubted disparity between tho number of Inhabitants In the country, ns dis tinguished from the city districts. It is clear, too, that the Constitution was grossly disre garded by giving to Albany country one more member of Assombly thnn is nlloted to Monroe, with over 24.000 moro inhab itants, ns well ns by allowing to Dutch ess county with 75.078 poople. two members, nnd to St Lawrence with 80, 070, only one. These nro violations which are clearly unnecessary, and because of thorn tiie act Is void. The provisions of an act of this kind are so largely dependent upon each othor thnt It part of them violate the constitution thn whole net must beldoclared void, l'or these reasons the motion for a mandamus is denied, with costs." co.v.sj-:orr".Cirs or ini: nr.asiox. Scraocrntlc Opinion ttrems to lit That ThU ITcar'e Election In Not InoltrU, Jndco Rumsoy's decision was received with varied commonts by tho Democrats who as sembled at tho Hoffman IIouso last night to attend tho meeting of the Dcmocrntio Stato Committee. Comptroller Frank Campbell. who. although a Democrat Is tho personal friend of Judge Itumsoy, was In tho throng, and besldo him wero Llout-Qov. Shcehan. District Attorney James W. Ridgway of Brook lyn, and Senator Charles I. McClelland of Westchester. All were hearty partisans in In sisting upon the passngo of tho apportionment act at Albany. Comptroller Campbell did not wish to expross his opinion nt tho moment on Judgo Rumsoy's decision. Mr. Hidgway said: " Tho application mado to Judgo ltumsey to defeat the purposes of the now apportionment act was mado by a Republican, ho 1b a Repub lican Judge, and his decision in tho case is from a puroly Republican standpoint No doubt thero will be nn appeal to General Term and from thero tho case, if necessary, will be takon to tlio Court of Appeals. If tho caso ever reaches that court, it will bo settled quickly and in favor of tho law us at present enacted." Lieut. -Gov. Rheohan Bald: "A Republican city attorney of Rochester. Mr. Klehel. made the application to restrain the Republican Board of hupervleors from car rying out the provlsionsof the law. What wilt tho Democratsdo? Nothing, positively noth ing. Monroe counts will simply bo forced to f;et along without a reprosentntion in tho Leg slntuieand elsewhere until tho law Is com piled with." tionator MrClelland, who had charge of the Apportionment bill in the henato, sain: "I hnvn not seen tho full text of Judge Rum hoy's decision, and of course do not know on what particular grounds tho judgment Is basod If thero is an uppeal taken from tho Judgo's doclslon, the law will stand until finally passed upon by tho court of last resort I assumo thorn will be an appeal, for the reason that when the Ropublican combination mado its case to present to Judgo ltumsey, each feldn published Its determination to nppoil In tho event of an ndverse doclslon Should counsel agree, thero will bo little difficulty in getting the question before thoCourt of Appeals In the month of October, buttho decision cannot he rendered In tlmo for the issuing of tho fall election pioclnraations. I believe tho mom bors of the next Assembly will be elocted under tho act of ISii'Jns it nowstands. I can not now say what the Democrats will do. If this Sfonroe Republican combination had desired to try the constitutional question squarelyon Its mollis thev would have invited tho Attornoy-Oeneral to look after the inter ests of the htate in the preparation of the case, instead of inviting him after tlio papers wero all prepared and ready for submission. I think it may safely bo assorted that there will not bo another extra session of thn Legisla ture this jear. in fact, the Republican con tention Is that tho Legislature has no power to reapportion at an extra session. "1 notice thattho despatch says that one of the chief points on which Judgo ltumsey based his decision Is thattho basis of apportionment Includes persons nf color not taxed. I can hardly believo that. I introduced the Fnu meratlon bill and looked Into tho question with able lawjers.am! thero can bo no doubt that tho provision of our State Constitution which roqulrod persons of color not taxed to boexelndid Is obsolete. That provision was originally embodied In our Constitution to conform to the Federal Constitution. I)y the Fourteenth and I'lfti onth amendments to tlio United Btatos Constitution porsons of color worn put on equal footing with whites, nnd, therefore, tho provision of our Htnto Consti tution which was contrary thereto became In rqioratlve. You cm put mo down us saying that 1 boliovo tho law will stand." aor. rr.om:it a or svnrnisxj). He Ii 'I here ! JMnthlne for II I m to Jto Until Ihe IlrrUInn In Affirmed, Ai.rxAMUiiA. N.V., Aug. 5. Gov. R, T.riowor and wlfo arrived hero from Waterlown this af ternoon, nnd will remain until Tuonlay. The Governor was smoking a cigar and chatting with a arty of friends on the veranda of tho Crossnuin house this ovonlng when Tiik Bun representative gave lilro tho news of Judge Rumsey'a diclslonon the Apportionment act The Governor manifested no surprise, but rather appeared an tlinugn ho had expucted such a decision. The Governor said: " You ran tell Thk hi'N that I have no opin ion to express on tho decision, and Hint there is not need nf action on my part till utter tho Court of Appeals has afllrmed the decision or Judge Ruuisoj. Thero is nothing to Hay only that tho case will now go to the (l-iioral Turin, and II the decision Is affirmed there theciso will I o carried to the ( null ol Appeals. In the ' event that the f'niiit of tqeis alllrms the decision, I will rail an extra ses il 'ii nf tbo 1 egn-laliirn and reappor tion the htate, pmvldlug that such an net is not prou uiiicimI uiiciuistitutioiial. Judge llilinsey Is a Iteputdiinn, and ouewnuld naturally expect Mich a decision. The Judges of the (ieneialTerm In that district nie also Republicans, nnd so It looks as If the caso might get to the Couit of Appeals. Until the Court of Appeals decides it I liavo nothing to do." The Governor thinks that tho Apportion ment act is constitutional, nnd ho does not ho lleve that it will bo noctissary to reapportion the btato. SUSPECT TIIE BORDEN GIRLS. U1K rOLlCB BEE KO OTItKn BOTMTIOJi OF Tltnin VAltKSTS' IWltDKU. The Tiro rtnuKhtet-. Thrtr Consln, and the Herrnnt Under Hnrvelltanee Their lro able Arrest Arteritis I'nnerat One orthe nntiRhtera Identified by a Jlrnc Cleik. V ho Mays IShe Purchased Irnlo Acid from II Im Tlio Jlnuehlere Offer 85,4)00 Jteward One or Them nnd the Nephew srere AJisent from tba Home nt the Time orthe Heed Itelntlvee or the Girls Angrx Over the NuMtlrlone Their Theory, Tam. RtVFn, Aug. 5. Tho Borden murder mystery deepens nnd casts tho shadow of sus picion on tho surviving members of tho house hold. Tho polios wero unable to find any cluo outside tlio house, nnd thoy turnod tholr at tention to the members of tho family. Thoy havo mado no arrests, but virtually havo made prisoners of tho two daughters of Mr. nnd Mrs. Borden, tho nophow, John W. Morso, and tho servant. Bridget hulllvnn. Thopollco havu them under close surveil lance ovorymovoment being carefully noted. Ono of the daughters. Miss Lmmn J. Boidon, wns In Now Bodford at tho tlmo of tho murdor. The strongest suspicion has rested upon Mr. Morse, presumably because ho Is n man, but holins mado out an allbl. Ho wns nt tho Iioubo of nnothor nunt Mrs. Danlol L. Bmory, nt 7 Weybasset stroct from 0 o'clock until bo twoen 11:10 and 11 :20 o'clock. ANDKEW J. BOKDEV. This fact Is vouched for by Mrs. Emory. Weybasset street is a mllo nnd a half from Second street where tho murdor occur red, nnd Inasmuch ns tho polico authori ties wore notified of the crlmo at 11:25, which was soveral mlnutos nftor It occurred, II would soom that Mr. Morio has cleared himself or any dlroct connection with tho murder. This throws tho burden of suspicion on tho younger daughter, LIz7lc, nnd on the servant Tho confidential friends of the Borden fam ily bitterly denounce tho polico for tak ing any such view of tho caso They elnlm that tho relations betvveon tho daughter, father, nnd stepmother wore most affectionate, and they say there Is absolutely no ground for supposing thnt LI77I0 Borden dealt the blows that robbed hor of fathor and mother, tiho knows that she is suspected of the crime, for to-day tho police confronted her with 0, drug clerk who identified her as one who tried to buy some prusslo acid of him two days before tho mur der, bhe denied tho drug clerk's assertion, but the polico don't uccoi t her denlul as truth ful. Thnt the daughters soem nnxlous to clear UP the mystery is shown by the following ad eitiBemi,nt published to-duy: riTF IMOLSAMi POLLAIU KETTlRn. The abnTO reward w 111 be paid lo anr one who may eenre tLe arrest an I rotivktlnn or ihe p.r.on or ler .onu wlio oicaftloneU tho death of Mr1. Andrew J nor den and hi m ife. 1 mii J Jto ii.ri. LlZZIX A. 110KULV. The police say they will make some arrosts after tho funeral to-morrow, and that there is ovory reason to tielleve thnt soma surviving member or membors of tho household will bo charged with minder. Tho strongest point raised by the police against tlio daughters Is that thoy do not express ttielr grief by lamen tation. The fact that the girls nre calm and solf-possessod. even in the face of such trjlng circumstances, is urgod us a sufllclent ground for suspicion. Tho absence of nny apparent motive for the crime has bulled tho polico in their investiga tion fully as much as tho absence of clues in the Immediate vicinity. They don't know which way to turn or where to look for evi dence. It is cortainly established that tho murderer did not attempt to leave the house until alter tho crlmo waH discovered. Ife must liuve been closo at hand when Lizzie opened the sitting room door nnd saw hor murdered father. Ills chance to escapo unobsorv ed came when the girl Bi'icamcd for tho servant to conio to hor assistance, but oven then It Beems almost impossible that any ono could leave tho house without having beon observed by tlio neigh bors. Yet no ono saw nny stranger leave tho Borden yard nt the hour. But tho polico havo failed to advance nny theory as to why any mombersof tho house hold would no beneiltted by the muider of Mr. and Mrs. Borden ntthls hour. Ll77!ennd Bmma Borden oaoh had enough money In tholr own names to provide for all tho comforts of life. Tney know they would each have a third of their father's estate, for ho hail told them so many times. Up to a few weeks ago .Mr. Borden had made no will, but at that time bo told hla con fidential ngont that ho would make one ns a matter of buslnesb, but that ho should divide his property into equal shares fortlie throo members of his family, his wife and two daughters. It is not known thnt ho made a will. If ho did attend to it tlio fact has not yet been os tabllshed. (If course, the daughter who ia most strongly suspected would profit to n ceitaln degreo by the death of her stepmothor, but such a crime could only bo plotted by a person with blacker characteristics than tills girl has over shown. Thnn. too. It would bo nn interesting legal point to determine which died tlrst, Air. llorden or his wife, in pro viding for thu distribution of tho proporty. 'ihen, ton, tho muideier must havo hnd blood f tains on hands and clothing, for the autopsy lust night revealed the fact that thero were no Ilss than twelve deep mits on each head, the skull of each victim being laid open and horribly unshed jet tills daughter bore no criminating minks, if she Hind com mitted thu murdei sho must havo hidden tho nxo or clever lu tho houso, but tho police have searched overj nook and corner inthehouso and barn without finding tho weapon. Tho nbsenco of tho weapon goes to provo the Innocence of the members of tho house hold moro than anjthlng else. It Is negative evidence to I sure, but It Is Important. Although Mr. Borden was n very tight man to dial with in money mutters and drove many a sharp bargain, It Is not known that ha had an enemy (11 tho world. Mis Boiden suioly had 11" one who could possibly have a motive for killing her. Mr. Boiden had tho ropnlntlon of paying his bills und of wanting every dollar that was dun him. lie was a hard man In Hint wii). It a man owed him lie was going to have it, '1 ho relatives of the murdered couple place n groat deal of reliance on this clue, nnd think It much more reasonable thnn tlio theory that the daughter should btuln her hands with such a crime. Their theory Is that tho murderor had heard that Mr. Borden received tho monoy from the rentals of his houses 011 Wednesday night nnd know thut ho took the money homo with him; t hat t ho robbor waited his opportunity to strike Mr. Borden whon he was ntohe. and, nftor kill ing him, felt In his pockots for thu roll of bills which, however, had been deposited la the bank when Mr, llorden went down town. Thn same people helluva that Mrs. Borden heard her liUHband fall and cnlled to him from tho head of tho stairs, thus alarming the thief; that siio returned to her room, mid was as sailed by the muidororof her husband while her back was tuuiud. 'i ho argument Ufod by therolotlves Is that the murderer was In the room with Mrs. Buidnu when tlio daughter's screams an nounced bur discovery of the first murder. There was no time then for robbery. Ilight was the only thing to bo thought of. Whilu it seems Improbable that a man could have escaped under such circumstances with out leaving a clue, it is not Impossible, as the many mysterious crimes of a similar naturo havo proved. Mayor Coughlln, hlmsolf n sur geon, t-ajs concerning the murder; "A U o hurrll le tin uffair that one foels A "' ' ' ' '- fairly dazed. Ilorowcre two porsons killed )n brnnd da light right in tho heart of tho city of Fall River, lti n thickly nettled street nnu In Just ten mlnutos' tlmo. and tho murdoror dis appears nnd loaves not a trace. No mark of bloody flni.ors on n door knob: not n footprint Ono Is appalled by the vory mystery of it Thero wrs 110 robbeiy In it, not a piper wub disturbed, 'We haven't positively! thing loft for evi dence. That weapon Wf.n noclcav or. ItwnBan axe. a very keon one. If It wnsn munlao. lie was a vory rational one 'ihere was method in his tundness. There wore twelvo wnuiiilsun the head of each vlelln. each one sufllclent to kill, each one ponotnting tho brain, nnd, with tho oxcoptlon of that, one on Mr. Hor den's face, nil dellvorod in tho same places, nnd by a man of treiiglh. li. that nzo was so keen that Mrs. Boiden's hair wns out olf the back of her head nnd dropped upon tho floor tilinmod as k on ly as with sheors. ISo. It was u cold-blooded, dellbeiato murdor. unpnralellod for Its bru tality by anything evor known in Massachu setts, and tho cause Is hidden from us. "If It had been on somo country farm, with no houses near. It would have heon different, hut right here in midday Is something un heard of. As for the family bolng siek. that Is nothing uncommon at this tlmo of jearnnd peoplo should not bo In n hurry to ascribe any possible theory of poison ing; but we havo sealed up the stnmneh nnd organs nnd will send thorn to l'rnf. Weed fur his nnalysls. Beth Mr ami Mrs. Borden weie remnrkally healthy. Mr. Bor den's organs thowed him good for many year." 'Ihe polico hnvo released tho threencn nr rested on suspicion yesterday. The only cluo wlilcii would seem to point toward trouble between .Mr. llorden and another Is lurnMiod by Mrs Joseph V. Duree, who lives A block abovo tho Boidou house on Second street. , , Ono night several mon.hs ngo sho wns pass ing the Uorden house and henid angry con versation. Mr. llorden was standing In thn doorway and Mrs. Borden, his wife, was behind him. A young man stood on the steps. He was slim, aud wore a light suit of a very flno cheek. , , ... ... Ho didn't soem to bn over 2.1 yonrs old. and ho certainly wasn't !i0. He hnd some papers In his hand and he shook them in Mr. Bor den's faco ns ho said; " Yon havo cheated mo and I'm going to fix you: I'll get even with you." the DAL-airn;r.'n siony. Llz7le Borden, the daughter of the mur dered couplo. told a relative to-day that she hnd seen a strange muti lolteilng nbout tho back yard, and once sho caught him examin ing tho back door. Hor btory Is this: "A jear ago last spring uui houco was brokon into whllo father and mother were st Swansea and n largo amount or money Btolen. together with diamonds. You never heard of It because father did not want it men tioned, so as to give the detectives n chnnco lo rocovor the pronertj. that may have somo connection with Mm murder. Then I havo soen strnnco men around the house. A few months ago I was coming through the back yard, and us 1 ap proached the side door 1 saw a man there examining tho door and premises. 1 did not mention it to any one. Tho other day I saw the snmo man hanging nbouttho house, evi dently watching us. I bicamn frightened nnd told my parents about It I Mso wiulo to my sister at ialrhaven about It." Miss Borden then gave it as her opinion that the strnnge man had a direct eonneitlon with tho murder, but she could not seo why tho house was not rohued. and did not know of anvono who would doslro roveugo upon her father. COI.Ji FROM SAX i7.MAC7.SCa The Trnn'fVr or 810,000,000 to NeM York Admitted nt Ihe Treasury llcpurfment. Washington-. Aug. 5. It is admitted at tho Treasury Department as stated In The Sun this morning, thero Is now en route from San Francisco to the Snb-Troasury at New Y'ork a shipment of 520 0110 000 of gold, homo two weeks ago Secretary Fostor signed a transfer check for the $20 WO.OOO. It wns the delro of tho Treasury ofllcials that nothing should bo said about the trarsfor until the gold ar rived In Xew Y'ork, and Secn-tar Foster ex hibited grest surprisenid (."vo utterance to vigorous nnd Impolite expressions when the despatch in The Sun-ws shown to him. Ho said he could say nothing on tho subject, nnd declnrod with emphasis uiat nothing ought to be said about it. lhls transfor Is made at this time because tho hub-Treasury nt San Francisco has a plethora of gold, nnd It Is constantly accu mulatlng, while thero is a dcaith of gold in tho Sub-Treasury at Now York, especially ot small denominations. Ncgutl itlons for tho transportation of tho gold wero cairlednnin tho most confidential mannor. Fverjbody connected with tho transaction was pledged to piofound scene), 'lo avoid accident in transportation tlio shipment was made ly registered mult. In a train of curs Iir.iv il guarded b) armed officers of tho 'Jre.itui j. THE TECihUl.E T11UN' H'h FDIMl I U.TW Vlin. fHv FnvN-risco. Aug. 5. Tho treasure train which loft this city last evening for Washing ton carries more gold than has ovor been shipped In one lot hofore. Tho train la n av speeding across the sngehni'h plains of bovitda. It was heard from latuthlHiifteruoo'i at Innomucc.i. It is runnlngon regular pas senger time, but has the light of waj. the train will go over thu Central l'nciflc to Ogden. then over the Union l'aclflo to Omaha, anil then by tho Buillngton to Chicago, Beyond Chicago the route Is kept uocret Tho treasure train consists of live cars. An ordinary Southern TaeHlc combination baggage and postal car came first. Then tho t'nlon l'aclflo baggige car N'o 1,002, and tho Union l'aclflo express car No. 1,242. 'J he Burlington United Slates Post Offico car No. OSJ came next, and the Lake Shoro and .Mb h lgan houthorn fast mall car Frank Button, No. 00, brought up tho renr. The coin was noarly all placed In two Union raclllccars built of wrought steel and sup posod to bo bullet and bomb proof. Thoy wmo built specially to carry specie. Tho Ihlity railway mull clerks brought bore fiom the Fast woro re-onforco I b nine men selected from tho routo agents on this coast, Theso men rocelvod n luontt. s pay in advance fium I'Obtmaster Bnckiis. and were told to bo ready to tnl.o atrip which might last three weeks. They wero told that they might hnvo to go to New Orleans, possibly to Washington, and perhaps oven further. All approaches to tho train were carefully guaided, and the utmost ntlconco prevailed uuiung tho Government officials. Thero Is nottho slightest doubt In the minds of the railway officials that tho train will arm o In safety. The coin Is in 500 small boxes, each contain ing $40.0JO. in flvo and tondollnr gold coins. Lnch box is n rcgistorcd mail package, and tho whole shipment goes direct to tho New York bub-Treasury. As all mall mattor goes under contrnct by tho Government over cer tain rulliond Hues. It is difficult to see how any exception will bo ma.lo iu icg.ird to this shipment It required ton dins for tho ontlrn Hub-Treasury force, assisted by (ho oxporls. tu count tho twenty millions. 'Jim counting nnd boxing of this largo sum was ooinpletid on Wednesday afternoon. Then tho treasure was so bulki that it couldn't bo placed in the big vaults overnight ho the hub-Tniis ury watchunn. heavily rel'nfoiced by mull ngunts, kept guaid ovoi it nil night, tho Treas urer himself aiuinc up. ns tho big responsi bility on his shoulders prevented sleep. Jt Is probablo that another shipment, or even two shipments, may be mado to Nw Yuik, us at leaBt t'JO.OUO.OOO may bo si ared hero. JBIellnp Colter und the I'ulitbunlt Hj tetn. Chicaoo, Aug. !. Bishop Cotter of Winona. Minn., speaking of Archbishop Corrigan's recenWdtor. to-day said: " Its publication ii timely, it should practically put an end to the controversy ovor the Fnlrlbuult nnd Stillwater schools, which had all but died out, nny way, I do not think thn prosentfuss over Archblsln p Corrigan's lottor is justifiable. "lArchblshop Ireland's memorial liasjnot yot reachod this country, but a rough drnughtof It has, and this Is the cause of the trouble. N'o one who knows Archbishop Ireland will suppose that ho mennt to Infer thnt Catholics In this country wero likely to be porseculod on account of any settlement of thu school question. " Arohblshop Corrigan's lettor does not Indl oato thnt he thought anything In the nature of a tin eat had been made. 'J ho Ialrbault sjs tom tins no longer nn interest for nny one. it is in practice lu Indiana, New Yoil;, tho Gulf htates, nnd Wlsoonsln Any discussion of It with reference to tho Convention atlialtimoio Is out of tho question." rJenutor Hill oil Hla Way to dray Cublea, New Dkdfoiu). Mass., Aug, C Tho steam yacht FraDlavoloarrlvod in port with a party of five ccntlomun aboard, Including Mr. Stokes, tho owner, nnd Senator David II. Hill 'Ihisovonleg thu captain of thu sacht bald that tho party would go to Gray Gables to morrow, where Mr. Hill will meet Mr, Clove-land. Special lonri In ea4tnir re.cru at trrentl) rednred rateeon saturdaji I'all nu lstw Vork I'lutrul llckrt ucuia for Inforiiiuliou hi.f 4 '. ,aaaHaaaaaueataaaakalatrfatKaianamauaaaaaualaVaaaJ VISITING DERVISHES HOWL axi no oxnr.n Tiusas mvcit less VLEASAST TO LOOK VVOS, JS'nnke-AnttnK'a IValnre of the (Spectacle New YnrU. Manorert Are Invited to OITcr to the riiblle-Glaea llottle Sating and Other Form oT Neir-Torlure. Tho twenty-three howling and tho seven whirling dorvlshcs that nrrlved In this city on last Mondny from Cairo, publicly praised Allah In tho Madison Square Gardon yesterday af ternoon for tholr snfo arrival. It was tho Mo hammodan Sabbath, and the howlers and whlrlers also performed tho usual rollcious coremonles of that day. Kholk Abo-ol-Fnttah hnd the sect Kadrls, who aro tho homoloss, and tho sect Mevolovis, who are the liowlors. mark out nsoml circular space on the Madison avenuo side ot tlio Gar don. nbouttwonty feet in diamotor and enclose it with sheopsklns. Tho spaco eo cnclosod was carefully washed, for no Mohammedan ovor invokes Allah on uncloan ground. Thou the Sheik dropped his red shoes outside of tho sheepskins, and, stepping Into tho en closed space, blessed ev ory soparato foot of It This dono ho turned his faco to tho oast, and with two hands hold out tho palms upward, mado a silent prayer. 'J lion he knelt nnd prajod, and then ho touched his forehead to tho floor and prajed uguln. In tho monn tlmo about 100 porsons who had beon Invited to wltnoss tho ceremonies hud beon struggling In. A Inrgo number of thorn wore theatrical poople. whoso object In coming was to be amused nnd to see if there wns nny money to bo mado In exhibiting tho dlsciplosot Mohammed to tho publlo ns curiosities. Among those present wore David Havon. Thomas Q. Seabrooke, Waltor Collyer, Maurice Barrymoro, William Hooy. Loon Mayer, Fdward Rico. Gus Kcrkcr. Womys Hondcrson, nnd 8. Goodfrlond. There woro nlso soveral ladles present frlonds ot E. M. Mnlluk, the manager of the dorvlshos. Shortly aftor U o'clock the Sheik in a drab gown thnt hung from his shoulders to his ankles, bound with a sash at the waist and with a turban ot vivid groon. the Ehedlvo's f avorlto color, prostrated himself on the sheop 'eklns nenrest to tho oast and, with his arms outstretched, remained motionless for sovoral mlnutos. He lay botweon two lmmenso groen flags, on which wero wrought In gold man) rollcious doviccs. Shortly the Sheik stood up nnd, crossing hit hands upon his breast bowed repeatedly toward the oast Then the other howlers gnthered. They carao from tho cast end of the hall In gowns of blue and brown nnd yellow. Tho colors meant nothing In particular, but tho turbans denoted their rnnlc In the sect The green denoted the highest stand ing, next to the Sheik ; the yollow came next, and then came the red. and last was the pure white, woin by tho young men. The howlers sat on the sheepskins opposite the green Hags. Hnd then came tho whlrlers, witli long gowns covering their rope-weighted skirts, nnd with high, brown, brlmloss liats. The whlrlers sat on the right of tho bheik and for several minutes rnmainol motionless. 'J hen a bowler mnichcd solemnly up with an Iron pot of burning inconso and nn Iron vessel shaped like a boat. Theso were placed by tho side of tin. Mil Ik. suddenly the members beenn swaying their bodbs to and iro and mourning dismally. 'J hen tiny as suddenly became silent, nnd. rising to their feet performed "linnafe." "haubole." and "maleko." Uhese are devo tloual ovcicisos of the bauds and arms. Ulnar, a joung howler, chantod tho call to prnverin a shrill voice, and both tho howlers and the vvliirlers swajed to and fro with their hands ncrosH their breasts. Omarchnntcd tho question. "Ash Amu r" (What is his nnme .') and tho howlers and whlrlers droned forth tho nuswei. "Asinu Allah l'adem " (Uls name is Uod Almighty). A period of swaying and moaning nnd pray ing ensued, and then Omar again sang a call to pinier. 'J ho dervishes swayed moro vlolontl), nnd kept it up so long that it w.is a vvc ndor their strength hold out. Tim hheik. mumbled a "futoha" bh-sinui and the moving bodies grew still, flu out tlio howlers nliijcd tho "D)e7.iierlo." the n itioiuil in iu h nf 1 gypt, on reed Instru ments nnd niter this tho dervishes chanted loi suveial minutes. "Allah ill Allah" tCiod is God i. Ihe hhnik "too I up and stretched forth his hands. Tho hovvlein wrrubileiit. lie marched in jiuid the boh since Abbe advanced ho i.runned and all thohowloisgio.ined with him. I hen ho bowed, nnd the howlers bent tholr hodiea. 'J Im groaning set in eteadllv and rose and fell with a hound liku the faraway slng in of plan'atlon legions. A d07cn of the howlers tore their turbnns from their he ids, mid their long black hair lull down theii backs and over their bwarthy fm e-. i hev hopped on tholr knees and shook tholr lio.ll- ri like men lu mortal agon). Lp nnd downtheli bodies b at, with the longhair of the dark-headed ones living tonnd fro. 1 ho hhelk resumed hie seat between the grei n I'ngsund picked up with tenderness a com mi lag. Instantly tho howlers became bllent mill sut with their faces turned eagcily toward tho sheik und tholr bunds twitching, 'the chclk drew fiom the bag ujoungboa constrictor mare thnn three feet long. Ho I eld It just behind tlio head aud can fully placod It about his neck. The folds of the snake woro seen to tlghton and tho sheik s mouth opened. He breathed huskily, nnd It seemed thut the snako was strangling lulu. Suddenly ho unwound tho colls und, phwing tho snake in his lap. fondled it i lie Inteic'st of the howlers had Increased. iciy dusky face wns thrust eugorly forwurd nnd ninnv dusky bunds woro thrust out ho seeehlngl). 'J heshelkglanced covertlyaround and then nodded to llouseyn, tho most eager of ihuhovvlt is. 1 use) n sprung forward, nnd, kneeling in front of ihe shell, stretchod out his hands, i he sheik placed tho sorpont in them, and while lnuif)n held it he cut Its head oft. Like a i hot ilonson was on his feet with tho vvnililns serpent clutched in hlshnnds. Tlio re. I instruments were played, the drums woio beaten, the liowlors shrieked ami erni.ched and doubled themselves up on tho sheepskins. Then HoUBlyn bit a piece fiiiin the snake, snarling like n savngo dog. ihe hr.vvUrs woro growing wild with re ligious fren7y. They gronnoti nnd screamed, filnueoyn bit plecoaftor piece from thosnako's body in 'I swallowed them. Tho hhlek sprang fnrwai d and. seizing tlio snake, tried to fear It fri m iilouMi)n. ihelultei fought savagely to rotatn it, and then 1' ideal, a lat howler, ran Into the elrclo and sol ed thn snake, too. BadonI nnd the hhitk cidi bit olf a piece. Thon Ylouseyn bit oil another piece, nnd the three Iu'vIms placed their hands upon eaoh oilers shoulders and whirled around with thostmku hniigingfrora tho hholk's neck. All Hi Iinwlirs yelled furiously nnd bumped the i foieheails on tho llooi. Bailout was too M..UI, mid pretty soon ho hnd to bo helped hu'k t his sheepskin, where ho sank ox- I lion All I'hssan. nbenrdod howler, received from the sheik the mace, an instrument ot torture, with u globular weight on ono end and a f"t of steel with n sharp point on tlio other. All jabbed the point In hi i right cheek und thou lu his left chock. ihen lie thrust It in his scalp and In his neck whllo ho danced mound. His fellow hoviers ehneiod htm on with frantic shrieks and boilllj contortions. When All was through tortuiliu .himself u consumptive-looking howler with a henid ato a glass bottle lu u inuttii n f fact way. ihen the whlrlers doffed tholr gowns, and stepping Into tho circle In their bare foot, weiituri und nnd around while the musicians beat an 1 blew a wolrd tune out of tholr Instru ments. Ihe boss whlrler, or second piiest wati bed thorn carefully, and whon ho thought they were on tho point of falling )ie checked them. This was sometimes diffi cult, bccnuBB tho froii7r produced by this method of worship made tho whlrlers blind und doit to ever) thing, After u tiresome period of whirling nil thodoivislies stood like statues on their sheepskins whllo tho bliulk mado silent prayer. Then tho howlers nnd whlrlers went up one nt a tlmo to the Hhelk. nnd, after grovelling befoie him. wero pormlttod to touch his hnnd iliis ended the exhibition. Sumo of the disgusted spectators Invaded the circle nnd asked to sea tlio snake's bod), In order that they might miiko sure that it was genuine. Satisfied of this they hastily withdrew. Ons thtutilcal manager, who biivv tho performance, bald: " Malluk wants to ehargo $2,000 a weok for those in ojde. 1 wouldn't give him $200, for I think the polico would raid tho show." II ay I o.Mr. Malluk will showthelhovvlers and whlrlers on his own account Any way ho In tends to tuko them to tho World's Intr, ho sa s. Tom need nn Cnnereaa. Prn't nilnrx Shaker Thuinni H lieed'f cauillcrc Tien ot I l llgrc III 10 da) I'll,, I Jr. ' , inn rnxsso nonnEns cavoiit. Jlronght to nay by ITundreds or Armed Men After nn Cxcltlnc Chaie, Vis.Ai.tA, Aug. (. Two train robbors were captured near hero late this afternoon after an exciting chase, during which Deputy Sheriff Whllty was shot in tho neck by the floolng criminals. Tho mon were tracked from near the scene of tho robbery into Ylsalln and to the ranch houso of Chls Kv.ins. who camo hero from Minnesota flvo yonrs ago. When the ofTlcors npproacliod Lvans's plaeo tho men. who wero evidently expecting them, oponod fire, and Whltty fell from his horse. Thon thoy Jumped on horses nnd started for the bills. Attor them wont fullrlOO hoavily armed mon. Finally when they saw that capturo was al most certain they sepnrated and struck off on different rovls. Tholr pursuers divided Into two bnnds, and In a few moments ench party camo up with their gamo. Both men showed fight to tho end. sTi:mxsox's jrcvrrcTir imr. The Cnndldnln ror Vice-President Ppenketo the Kentttckr I.ealatntnre. Louisville, Aug. 5. Mr. Slovenson and his party wero entcrtnlned In Frankfort to-day. A commltteo of citizens, nt the head of whom wns Lx-Gov. Knott, waltod at the station for tho train cnrrylng the party. l'ntorlng carriages, thoy went at onco to the rosldoncc of Mr. Knott, where Gen. Stovenson and Mr. Bwing rosted until the time arrived for tholr reception by tho Legislature. Long before 12 o'clock tho lobbies nnd galleries of tho House chnmbcr woro crowdod to overflowing. Just beforo 12:30 o'clock tho Senators camo ovor nnd were soated in tho House. Gen. Stevenson soon onternd on tho arm ot Judge WJIIIam Lindsay. Other morabers of tho com mittee followed. There was an enthuslastto cheer as tho party entered Judge Lindsay prosentod the distinguished visitor lo 1'resldent Alfora. who occupied the obalr. Mr. Alford Ithon introduced Uon. Sto venson. His speech dealt mnlnblwlth his rela tions to Kentucky und Kentucklans and the close kinship of Kentucky to Illinois. It wns dellvorod In a conversational tone with no at tempt at oratory, and in the spirit ot one who was talking tu friends und dealing lu roml niscencos. At the conclusion of the remnrks Mr. Alford Informed tha audience that Gen. Stevenson would rocetvotho membors ot the Assombly, the Stato officers, and the public all at the residence nf Judgo Lindsay this evening from 8 toll o'clock. Genornl and Mrs. Stevenson will return to Louisville to-morrow, and have a recoptlon to night at the home of Major.). Fry Lawrence, a foster brothorof Mrs. StovonBon. cniCAao snows unit imxs. Mr. fireckenrldae Unpnpnlnr Ilecnnae Ho Voted Aeulniu the World'n Fair Grub. CniCAao, Aug. C. It Is moro than probable that at on early meeting of tho Ceromonles Commltteo of tho World's Tnlr action will bo taken from which Congressman Brockonrldgo of Kentucky can plainly infer thnt his services as orator of tho day on the occasion of dedi cating tho Imposition buildings arc not de sired. Chlcngoans and tho Lxpoitlon of ficials aro disgusted with tho opposition ho manifested to tho passage of tho World's Talr Appropriation bill. Whon ho was chosen orntor of tlio day fault was found In certain quarters. Theso object ors bellovod that Chauncoy M. Depovv moro nearly filled the bill as the typical Amer ican orntoi. and numerous attempts were mado to havo his name suLstltuted. Mr. Thachor. (ho Domocrutlo member ol the Natlonnl Board from Now Y'ork. camo to t hlcngo and proposed to havo Mr. Depovv deliver an oration also. He wanted Mi. Depovv to have a place whero lio wutill bo equally as prominent as the Kentuckian. but tho project had to bo lib in doneil. While nothing wns snhltotlio Kentuckian about his vote mi tho World's Fair measure, it was supposed that lie would I e found among IN friends when It needed his aid In Congress. Mr. Brockonrldgo pcisi-tontly refused to aid tho lair. itUMisa a ju.ack iieutk. He Aeentilted a I.ttlto Iterry Plcter In n Hivump ntr t'nluden. Camden-. Aug. 5. Mary Hughes, 12 years old, was assaultod by a negro near this city yesterday. Tho child had gono huckloborry iugln a swam pwith another girl nbout her own nge. Thoy separated nftor reaching tho swamp, agreeing to meot at a certain point when they hnd filled their pnila. hen Mary's companion reached the iend07vous she saw Mary In tho grnsp of a nogro. fahe ran nw.iy to give the alarm. Before help could reach tho swamp tho negro had fled, leaving Ills vic tim unconscious. Hundrods of men gnthered and searched tho swamp, but failed to capture tho negro. Tho little gill was taken to her homo seriously in jured. The police have a very good description of the negro from Mary's companion, nnd are now hunting for him. Over a bundled citizens aio assisting tho police. 'Jhree negroes weie, ono after another, arrested this morning and taken befoio the little gill for Identification. 'J hoy wein nil discharged, ihere muy bo a lynching if tho culprit Is captured. Tiro Tuvxtt aiiir.s abducted. Found by n DelecllTe In n Coney lelnnd Concert Hull, Conet Iehnp. Aug. 5. Detective Ike Van Leer found Mamlo Keraplnsky, 13 years old, and Annie Segolove, 15 years old, in a concert hall on the Bowery last night and took them to I'ollco Headquarters. Thoio the girls said that thoy were Induced to como down to tho Island about two weeks ago by a woman, who cnlled herself BrnoBtlna, nnd Hint this woman's cousin. Sophia Fursh, a variety actress, got places forthem in 1'urUer's concert hall lit 7 a week. During their stay on the Island the girls say that thoy lived with Honry Tree, who Is other wise known us hlgnorellt the Firo King. The girls wero examined by I'ollco burgeun J, O. Hill to-day and found to huve a veiy berlous blood trouble. Tro7e, who is well known to tho police, hns disappeared, ihe Society for the l'rovnntlon of Cruelty to Children have been notified f the case, nnd the girls will bo committed lo its charge to-morrow. auiB. rAvx mat Jir.corr.u, Hut Her Condition In Critical Trepnnnlui: uu Hceoi leil tu Veelerday Murnlitg. CLOSTEn. Aug. 0. Mrs. Vaux, who was In jured last night whllo out driving with Mrs. Col. Well, remained unconscious until Drs. Currio and Banks porfoimod tho oi oration ot trepanning. Sho Is still allvo. but In a very critical condition, iho body of Mr-.Woll.who was instantly killed, wns taken to her robl donco, noar which the uocident occurred. Mrs. Vaux Is the wlfo of Culbort Vanx of the firm of aux A. Radford, well known land scapo architects nf this city, ihe family llvo at 142 Last F.lijhtoontli etreot, and have two daughters and a son. Mrs. Wix and her joungorilaughtor went to (ioster about two months ago. As soon ns ho hoard of the acci dent Mr, Vaux loft for (. Ioster, Ills son, Down ing, followed him yesterday, Mr. Vaux Is (lie architect who drew the plans for tho land scape gardener who laid out tho Central l'urk llowur bods. Ktnan Couulr Hupervleorn Mnnduniaaed, Tho mombors of (ho Kings county Board ot Supervisors wero sorvod yesterday with a no tice ot application for a writ ot mandamus commanding that tho county be divided into Assembly districts In the manner and form as roqulrod by the statutes. Thu cusn will be heard in tho Supreme Court on Aug. 15. In the petition for tho writ It Is set forth that sovoral of tho largest wards havo been mado into ono district when tho population .In com parihon with other districts, entitlo bthem to bettor representation. Tha Wagner ratare 1 nrrompKIl) has ecllpie 1 Hi evn vroti lerrul reetrt In the new can eu the New Joik ClIIUIll .in. TOE RIGHT TO PAGO-PAGO. A CLKATt CASK OF COMrT.KTE OITSEK- snip hy tub vxiteu btaies. IT Great Itrltatn Hal Seised the Harbor. It i le In Clear Violation or Treaties nnd , Acreementa by Which Thla Country c si Otrne It Senator Bherman'n Hperch la the Senate at tha Time or Ihe Treaty. "tf WAsnrNrmr. Aug. 5. The following fact about the rights and Interests of tho United '-t States In Fngo-Pago harbor In the Samoan A Islands, which Is said to havn just beon selrod v Jt by Great Britain, are from official sources: In 1872 Mnuga, High Chief of l'ago-l'ngo. , "froely and voluntarily" granted to Com mander Meade, U. S. N., the excluslvo prlvl- ' , lege ot establishing In the said harbor n naval station. It this ngrcemont which contnlnod a " cortnln implication of protection. Is to bo re garded ns a treaty, it Is of no avail, for Itwns nevor ratlllod by tho 8enato. Tho treaty x with Samoa mado In 1878. however, glvos tho United States tho privilege I of establishing therein n naval station. ' ' tho Samoan (lovornmont agreeing neither to ' "oxorelso nor authorize any jurisdiction 4 within Bald port advarso tosuch rights of tlui 4 United States or restrictive thereof." On Aug. 5? B, 1878. upon tho ratification of this treaty by K? Samoa, a commission appointed by tho f Samoan Government slgnod tho doouinent ') transferring tho possession of tho harbor u"- '. cording to tho provisions of tho treaty. In A connection with this transfer the Unltod m Statos Bhlp Adams erected on Goat 1st- if and, nt n point commanding a view of 31 the entire harbor, a II tgtaff and ralsod ,W thoreon tho American flag. Tlio rights jj of this Government under this treaty a nnd these proceedings were not ulTeoted by ' a the Berlin act. our commissioners exprosaly J stating that the) could consent In no way to '31 tho impairment of our rights nt Pago-1'ago. The British tieaty made In 1H7I) reserved the M right to establish on the shores of a Samoan j harbor a nival station. "Apia, Snlvafatn. tho 'f German harbor, nnd thnt part of tho harbor of if I'ago-l'ago which may hereafter bo seleotod by f tho Government of tho United Statos ox- k copted." 1 When the mattor wns before Congress In 5 June. 1880. tho rights of tho Unltod States in Bago-I'ago wore Interpreted to be exclusive. ' Tho amendment reported by tho Commltteo 1 on Appropriations reads: "For the survey. ?' Improvement and occupation of l'ago-Pogo 4 $100,000," A.C. benntor Shorman spokn upon , tho amondmont for the Commltteo on Foreign "'' Relations, nnd snlo, lu concluding his speech: Tho llrst thing to bo done Is to assert our fower and occupancy of tho bay of Bago ag and so much of tho shores of tho Island ntl'uluillaas ia necessary for a coaling sta tion i his Is a moro rocky Island, compara tively, of a few squuro miles, but it possesses this magnificent harbor, anil one of the amend ments to this hill proposes that we shall lake possession of it, occupy It nnd erect n coaling station nnd sucli other buildings as may bo 'I necosaury. Thut ought to be done immediately. This Government within eighteen months . has purchased Goat Island und halt a mllo ofthoshoro adjoining, being a small cart of 'l what Admiral Klmborly rocommonded should be noeured nnd of what would bo needed for a station. To tills Island, which Is tho most val uable nbout tho harbor, tho Unltod States has bought everv claim, natlvo and forolgn. and Its title may be regardod as Indisputable. It thu United States has not yet exclusive tltloto l'ago-Pao harbor, the Govornmonl has the . lightto mnko itso. For. until It hns not only ' Bolected a site, but acquired title to all the S land tho Government may want nothing can ' M bo done which may interfere with its purposes -j there. Should this land be secured, there would be so llttlo left that the question of ex clusive right could noverarise. Anynttompt by a foreign powor now to secure lodgment J. nt Pago-Pago harbor will bo reslbtud undoubt edly by this Government ACCIDENT OX TUB LAKE BllOIiE. I.arce I.oae or Life Unforced rrora a Hid ul lit Wieck. , Erie. Aug. 5. It is roported that a collision ? between a freight and psssonger train oe- currcd nenr hero ut midnight on tho Lako ij hhoro Railroad. , vj There is said to bo a largo loss of ltfo. Phy- siclans from this city have beon tolegraphed , Ihe President Stnrta ror I.oon Lalte, jv WAsniNOTON, Aug. D. President Harrison ? lelt the city to-night by tho Ponns)lvnnla West Shore routo shortly after 11 o'clock, going dlroctly to I.oon Lako to seo his wife, and will J probably be gone about a month. ihe latest repoit from Mrs Hnrrlson to-day f was to tho effect that sho hud n ride this aftor- " noon of about half an hour, and that sho was Improving. Tho !'reldunt nxptesses the wish j not to bo disturbed in nny mnnnor while nt Loon Lake either by newspaper peoplo or the .1 public. 1 Ez.Hennlor lugallft'n Iliolhrr lleud. SrniNoriLLP. Mo . Aug. 5. Dr Finncls Theo- ' dor Ingalls, President of Drury College, died hore this morning nt 8-.'i0 uf parnl)sls of the heart Dr. Ingalls was a biother of ox-Scna-tor Ingalls ot Kansas. The WeMher. The area of low preitur enclosing a belt of cloudy and ahowcry weather exiTnle 1 jtnirr lav from Kansas northeatt lo the npper lake 1 while nn urea of moder ately hlsh prennre occuple I the country from the Ohio Valley iouthirard, ruierln: u'.l the Southern Mte. J Theie areai are drlfti'iR eaianl and are likely lo I produce illchtly ariner eaiher In tr middle Atlantio jf! States to-da), hut no ciiiietiut lieut le expected. J&y It was cooler hy from 4" tn 11 In the Allantlo ntttes fiff yesterday than 011 Thur.dii), and warmer by from e , lob" west of the Mislslpi, except In Montana, where 7 Il waiver) coo!. 1 tie temperature dioppet to 18" at 0 Havre ( Jn tl I clt) It wtb showery In the roorntng and after ntirn, liuheat olleUI temperature, 821 lowest, o7i avenge hnmiuliy, 70 per cent) wind southwest, arernee .e 01 it jr. tl miles an hour, I Tho t'enn an-ter at Perrjr'e pharmacy In Tun Sun hui.liii if re i.orde 11 he teinperat are )esterday as folio wet 111 il. llfS 18l. 1312. a A M ... .I7 1:.' 8 SO P. M 7D SO n A VI .... (l'l "' HI'.M 7je 7ue liA M I'e 7r, UP H 71 7lt J J VI 73 B0 12 Mid UH" 7u Avernn- 7llS( Average on Auk 0,181)1 70ji WiSiiivcTos rosscisT ron lATUitnir. Tor New Knslnud, showers In the oerthern portion and un tho coatl, silently warmer on the coast; south west winds. lur taxttm Aii Toik. thovtrt in nort portion; tlljMj warmer, eourA tcindl. I J-or eastern fcnnsjlianla, New Jersey, and Dels- ware, generally fair; slightly warmer; south winds. ForClslrlet or Columbia and Maryland, fair; slightly warmer, variable winds. For West Virginia, ncstern rennsyleanla, western New York, and Ohio, showers, warmer durlug Satur- ', day; south to west winds. The barometor Is below the normal east or the Itocky Hountalns. There has been a decrease nt bnromeirlo pressure front the lower Uke region and St Lawrence Valley to the southeastern slope of the Kock) Moun tains There has been an Increase ot pressure iter IfceOu'tot St. Lawrence and orer the Pakolas. west ern Nebraska, and eastern Uolorada. Three storms r 7 slight Intensity mppeari one north or the lake regions and St. Lawrence Valley, another In the loner Mie sourl Valley, and a third In the western sai.ntrli. wn Valley, The temperature has fallen in the tnhl lie At. lautloand New England Stales, ovsr II e middle licir Mountain region, soul In the Oakotas It User!" 11 slightly Id the middle Mississippi n! ey snd thin e over western 2,ake Stqerlor. An areaof rain has ex tended over the lake regions and j arts of New I nt land, and light showers have occurred lo the meld e Missouri Valley. Unsettled weather and si onrert nri Indlcatrdfor tie lower lake region and new FlkUld Saturday; showers Mill also probably 01 enr at pelius In the upper Mfsslss ppl taller. , IToin Herd on I'nncrre!, Urn t inlss ex sreaker Thomas i I'ee I s austic re ) viwur or I'giigresslu to laj's i'.n , a e. !z Ili..,' - cLi l2atw2