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1 ' I THE SUN, MONDAY. MARCH 7, 180$. l ' ;' ' ' ' j
I ELLSWORTH BILL A CRIME. HAYID It. IIII.T. TEARS IBS MON BTHOSTTT TO TATTERS. A It iMki to KftnMl.il a ranta.tle Censorship of ma Pesos with "oanl.h rnlitMiti- E Muklic Private Clrndsee aa Pablle In. J toreat Caeon.tllntlonal Da.nr.ii, Amianv, N. V.. March B, 1808. Mt. John IT. rarrtll. Chairman v tht bptetal Com rnlttm of the .Vi l'or frrii Aiioclaffon. Mt DKAn Bin: I am In receipt of jour es teemed favor of (lit 3d Inst., requesting, In be , half of the special ;commlttce of the New York i. Press Association, that I give my views In re- Bard to tho Ellsworth newspaper bill now pend ing in the Legislature. Last week, After a bast? Blanco at tho measure, I briefly ex I pressed my opposition, to which action you so i kindly refer. Agreeably to jour request, I have !i now carefully considered the bill and cheer- $ fully present my vlowa from legal and other standpoints of tho provisions of this most ex traordinary measure, with liberty to your comtnttteo to mnko such use of my conclusions as you may desire. You nerd not cxpross your obligations. If J am able to'be of the slightest ( terries to your cause I shall regard myself as f amply rewarded. I Permit me to observe nt the outset that it Is bo wonder that the newspaper press of the State la substantially unanimous against tho Ellsworth bill. The more it Is examined the more dangerous, absurd, and unprecedented Its ', crude and startling provisions appear to be. J BXIBTINO LAW IS AMPLE. ! The first pertinent and sufficient objection to the measure is that It is wholly unnecessary. - The existing statutes nro ample for tho proteo- tlon of every public and private right affected or Injured by improper newspaper publications v of erery.klnd and character, and no further leg- i Illation Is really required. The promoters of this bill cannot be awaro ,. of tho broad and comprohenslvo provisions of ; section 242 and accompanying sections of tho i Penal Code, whereby every Individual Is al ready protected from newspaper libellous at ' tacks and afforded a public remedy through theprosecutlonandpuntshment of tho offending parties. In addition to a private remedy by ac ' tlon at law, Tho present statute, which has L existed for many years and proved reasonably f, satisfactory to nearly everybody, defines a libel aa follows: "A malicious publication, by writing, printing, picture, efllgy, Blgn, or other- wise than by mcro speech, which oxposos any F living person, or tho memory of any person de- " ceased, to hatred, contempt, ridicule, or oblo- , quy, or which causes or tends to causo any person to be shunned or avoided, or which has a tendency to Injure any person, corporation, i or association of persons. In his or their busl- i ness, or occupation. Is a libel," find Is punish- j able as a misdemeanor. This statute Includes pictures, an d.'.therefore, V covers offcnslvo caricatures of every form and t nature whereby nnybody Is ridiculed or other- t, wlso Injured. The theory upon which the Ells- I worth bill of Inst year was urged was that thoro j' was no adoquato statuto to reach obnoxious i caricature", and yet this provision of the Penal Codo wuEithcn Inforconnd is still a law, suffi cient for every sincere purposo of legitimate tirorcutlon. il reiterate that tho existing law is amplo for tho'rrotcctlon of any Individual and affords him a perfect remedy for any wrong which ho may suffer nt tho hands of the prosn In case ho will only avail himself of Its provisions. If he re fuses to prosecute, no one Is nt fault except biuisolf. Tho law cannot with propriety bo naked to help thoso who will not help them selves. pouTiriASB siioui.deb it ot "tiie rnnuc." Hut it Is sntd that the Ellsworth bill Is do lt signed to cover instances where no particular - Indlvldnnl has been Injured by an alleged Im- i proper publication, hut where the public at & largo Is Buppocd to bo hurt. Tho bill Ih thus urged for the benefit of no " ono In particular, hut for everybody ln,gencrnl. A. It is "firing In tho air." It Is seeking n remedy W for luiuglnnry grlctnnces. It Is introducing i new features of n paternal character over whole communities. Tim public Is thus to be pro tected from Itselr, by h legally ordained gmr d!anhlp over "the minds or morals" of tho peo ple. Why not better establish nn official cen sorship at oncol It Is strange, extraordinary and unprecedented legislation, for which there Is no honest public sentiment at Its back. The general Impression eceins to prevail that no ono is demanding It except a limited clnss of noli tlclans, who, smarting under the cxposures'.of their misdeeds, have not the courage to prose cute on their own Individual account, but seek to unload tholr alleged grievances on the pub llo at large; and oven they hnvo not dared to openly avow their responsibility for tho meas ure, although they clumsily conceal their eagerness for its passage. FANTASTIC) CENSORSHIP OF MORAIA. The first section of tho bill declares thU "A person who, either as principal or agent, con ducts or engagos"Jn the business of editing, pub llsblng.prlntlng, selling, distributing, or clrcu atlng any licentious, indecent, corrupt, or de praved paper, or a paper which corrupts, de praves, degrados, or Injures, or has a tendency to corrupt, deprave, degrade, or injure the minds or morals of the publlo Is Bullty of a misdemeanor." I object to this language of a penal statute because It is loose, crude, and uncertain. Instead of employing Jr legal phraseology, tho meaning of which has f been established , by a half-century of Judicial decisions, It ventures out Into the realm of , doubt by recklessly or Ignorantly using words . and phraseswhlch' havo never bean authori al UUvely Interpreted, raising troublesome and Vexations qnestlons which the dictates of pru- I dence require to belavolded. Wbo can say with accuracy what has "a tendency to degrade or Injure the minds or morals of the publlcl" . A hundred men are liable to have a hundred F different opinions on such matters. It opens g a vast field ,of;controversy. The'language is H too vague, too broad, too unsatisfactory, too in- definite. There are many good people through- , out the State who regard stock gambling, nth- (j letlcs. glovo contests, betting on elections, horse raolng, poker playing, circus performances, jJ masque balls, and Sunday baseball games as Immoral, and in their capacity ns Jurymen i; would conscientiously so determine in cose 5r they were called upon to decide the foteXof a newspaper which advocated or approved such J occupations and amusements, or even published V the results thoreof. Is there not some danger 4 that the supporters of this unusual bill will find $ that its provisions may return tn plague them- 5 elve or tielr friends In the future! Every 'ii thing that a person regnrrts as offensive or Improper is likely to be regarded by that same 'I penon ns "tending" to Injure "tho minds or 1 morals of the public." 5 What standard of morality is this bill intend- ed to establish! To what extent Is it expected , to reach in the vast domain of alleged moral 5; aueetlons! It opens up a wide Held and reck- V lessly drifts out Into an unknown soa. Kxtremo temperaneo people regard the salo of liquor on any day as immoral, and especially ,j believe that Its sale on Sunday would be lnde- cent nnd injurious to the public moral.; and of 1 course they would regard thoso engaged In f? auch business as"depruved" and "degraded," If- and would hold tho actions of a newspaper ad- J vacating such privileges as "tending" to Injure I tho good of tho community and hence detrl- f, mental to Its morality, S NARIIOW POKhllRADS TO TnB PKONT, It should bo borne in mind that the prosecu- j tlons authorboil by this bill are r.ot required to be instituted in the cities or towns where the Jl- newspapers are actually published, but ore per il mlttod to bo brought in any rural county of tho J? State wherever tho newspaper may happen to I circulate, (bee section A,) j What temptations and opportunities are thus U afforded fpr annoying the press; for subjecting M it to the prejudices and caprices of every little aU.' community! for encountering the bigotry, nar- k rownesj and llUberallty which nnfortunateli- flourish In some remote sections. A bill capa ble of such mischiefs ought not to bo enacted, even if It Is capable of producing some good. A disclaimer was modo In the Senate the other day that the bill was designed to reach car toons, it being alleged that such was tho object of the Ellsworth bill of lat year which had now been abandonod, nnd yet In the same do bate tho principal arguments In favor of the profent measure, if they can be dignified by that term, were predicated upon cartoon Illus trations and the alleged Injustlco inflicted upon particular Individuals thereby. Notwith standing tho disclaimer, which could not havo been made in good faith, I asicrt that this bill was Intended to reach and does reach cirtoons, almost to tho same oxtent as last year's bill. It Is true It does not specifically mention "pic tures" any more than It specially describes any other particular article or thing, but tho first section Is brood and comprehensive nnd pro hibits everything, pictures or otherwise, that apjiears In a nowspnper, capablo of being con strued, by the most strict construction, as Inde cent or injurious to tho minds or morals of tho public. It Is dinicult to seo why the restrictive and prohibitory features of this measure may not bo invoked agalntt pictures of a prize fight, a football game, a swimming contest, a ballot dance, and also against pictures of paint ings, statuary, and other works of art, theatri cal scones, and all other illustrations of tho product of brush, pencil, chisel, and brain which are to be found overywbere in our mod ern magnsines and newspapers, whenever some narrow-minded persons, happening to be chosen as Jurymen, may cboosn to regard suoh things as of questionable propriety. vai.be rnnTENCES ToucniNO tiie nn.T.'s run rose The bill Is far-reaching In Its effect, danger ous In ltr tendencies, and unparalleled in its audacity. Much stross seems to havo been laid on tho fact that it purports to proteot tho pub llo from "licentious and Indecent" nowspapors, and It has beon gravely argued that Its objeot Is to suppress obscene and disgusting literature, which, whllo It cannot bo said to injure nny particular Individual for which a suit can bo maintained or a prosecution be Instituted by blm, yet It Inflicts a publlo wrong for which a publlo prosecution Is proposed to be authorized by tills bill. But this excuse will not answer. It Is bogging the question and giving away tho whole case. Tho promoters of this scheme know,' or ought to know, that there Is already upon the statute books an elaborate amnio, severe, and adequate law, covering tho holo subject of obscone, licentious, and Indecent literature, which Is to bo found in section 317 of tho Pennl Code. That section Is as follows: "A person who soils, lends, gives away, or offors to sell, lend, or gtvo away, or show, or has In his possession with Intent to sell, lend or give away, or to show, or advertises in any manner, or who otherwlso offers for loan, gift, sale, or distribution, any obscene, lewd, lascivi ous, filthy. Indecent, or disgusting book, maga zine, pamphlet, newspaper, story inper, writing paper, picture, drawing, photograph, figure, or Imago, or any written or printed matter of nn lndccont character, or any artlclo or Instru ment of lndecont or immoral use, or pur porting to be for lndoccnt or Immoral use or pur pose, or who designs, copies, draws, photo graphs, prints, utters, publishes, or in any manner manufactures, or prepares any snth book, picture, drawing, magazine, pamphlet, newspaper, story book, writing, paper, figure. Imago, matter, article, or thine, or who writes, prints, publishes, or utters, or causos to bo written, printed, published, or uttered, any advertisement or notice of nny kind giving In formation, directly or Indirectly, stating or purporting so to do, where, how, of whom, or by what means nny, or what purports to le any, obscene, lewd, lascivious, filthy, disgusting, or indecent book, picture, writing, paper, figure imago, matter, article, or thing named In this section can bo purchased, obtained, or had, or who prints, utters, publishes, sells, lends, gives away, or shows, or has in his possession with intent to sell, lend, fflvo away, or show, or otherwlso offer for sale, loan, gift, or distribu tion, any book, pamphlet, magazine, news paper, or other printed piper devoted to the publication, nnd principally made up of crimi nal nows, polku reports, or accounts of crimi nal deeds, or pictures or stories of deeds of bloodshed, lust or crime," Is guilty of a misde meanor. There Is no necessity for any further provis ion on the subject of "licentious. Indecent, cor rupt, or depr.-uod" new spanern, vthich are only other names for obsccno, disgusting, and filthy nowspapers because that ground or field of legislation has been already covered. It Is nn exhibition of weakness as well as of In sincerity to i.. empt to bolster up and Justify tho present bill by the false allegation that It Is only desired for tho worthy purposo of reach ing "licentious" newspapers. Tho mischief of this bill largely lies In that portion of section 1 which attempts to reach other newspapers, upon tho broad nnd plauslblo ground tint thoy may be "doing somothlng which can possibly be con strued. In the opinion of some fastidious people, to have a "tendency" to injure the minds or morals of tho publlo. There was no senso or propriety In adding the provision relating to newspapers having "a tendency to corrupt, de prave, degrade, or Injure the minds or morals of tho public," If such newspapers wore nl ready Included In tho prior general description of certain kinds of newspapers. It Is therefore perfectly olear that upon whatever grounds, If nny, this bill can be do fended, a desire to suppress newspapers which nro obscene, licentious, or depraved cannot honestly be urged In Its behalf. rUNISIIMENT BY .IMPRISONMENT A7TD CONFIS CATION. But aside from theso vital, fundamental, and general objections to the wholo measure, there aro speclflo objections and defects In almost every detail. In the first placo It Is unnecessarily and un reasonably drastic. Newspapers, like all other Institutions, are liable to err, are subject to mistakes, and may easily bo imposed upon, Vi ith out any.spoclal fault on their P'irt, but this proposed measure Ignores tho whole question of malice, which has always herctoforo constituted an essential Ingredient in the crlmo of libel; It olo Ignores the question of knowledge nnd makes the owners, agonts, and editors of a newspaper Uablo to bo punished as criminals, even though an offensivo article or picture miy have, crept Into its columns through Inadvert ence or mistake. The statute Is Imperative. There are no exceptions or qualifications in Its condemnatory provisions. Ilcsldes, owners and employees aro treated alike and all aro equally made liable to prosecution. A person who mere ly edits a newspaper In part Is Just as liable to Imprisonment, although his own contributions aro tierfectly proper, if any other portion of tho paper for which ho Is not responsible and over which he In fact may have no control isobjeo tlonable to the statute. Surely no such tremendous emergency has arisen which requires tho commonest prin ciples of Justico and fair play to bo violated in legislating ngalnBt newspaper men. Hut this proposed statuto goes further, and after provid ing for a possible imprisonment otflvo years, thin declares that upon a second conviction the defendants shall he prohibited from pub lishing such paper or any piper of the same name, eten though such paper shall thereafter contain nothing offensivo. This is virtually a destruction of the newspaper property a pi no tlcal contlscatlon of It, Why not mako the punishment Imprisonment for llfo and done with ltl Hut not contrnt with such imprisonment and confiscation, the devilish malignity of the au thors; of this measure Is exhibited In a further provision, which provides that the continua tion of tho publication of such newspnpor, evon though nothing objectionable Is thereafter con tained In It, may also bo punl.hed as for a con tempt of court, which means, of course, a pro cedure on ex parte affidavits, with no oppor tunity of being confronted with the adverse witnesses or opportunity afforded for their cross-examination, and also deprived of a trial by Jury. And this provision Is expected to re ceive the rapport of some Democrr.ts who were vociferous and ostentatious In their rapport of that very excellent provision of theOhloago platform which explicitly Indorsed a Federal measure protecting citizens fromjust such pro cedures. FIvo years' Imprisonment, confiscation of property and contempt of courtl Theso aro tho mild and cosy means of torture, annoyanco, humiliation nnd destruction, by and through which tho freedom of the press Is to be at tacked, and newspaper men are to be taught that they must not hereafter offond those who control Legislatures. KRW CntMK INVENTED. This extraordinary bill further provides that every newspaper In tho State must contain a printed statement, setting forth the nnmes of overy owner, proprietor, publisher, and editor of such paper, and declares that "any porson who edits, publishes, prints, sells, distributes, or circulates nny paper which falls to contain such statement" Is guilty of a misdemeanor and may be punished by a flno of not more than one thousand dollars, or by linprlsonmont of not more than ono year, or by both such flno nnd imprisonment. If tho paper Is owned by n. corporation It Is required that such statemont shall Bet forth tho names of tho "President, Vlco-Prcsldont, Secretary, Treasurer, innnagor, and other officers of such corporation, nnd tho editors of tho paper so owned or published." This rcqulros tho nnmos of all tho officers nnd nil tho editors to be statod. It must be accur nto there must bo no omission. This, then, Is tho anomalous situation: If Iho paper, through Inadvertence, mistake, or otherwise, omits tho nnmo of a single director, owner, or editor, each owner or editor nnd each newsdealer or news boy who soils tho paper Is Uablo to bo pun ished. The offenco does not depend upon the good faith or bnd faith of tho defendant, or his lack of knowledge of who tho officers, directors, or editors of tho paper may bo. He may have no opportunities or facilities for knowing, never theless this law proposes to hold him responsi ble and to mnko him a criminal. What an unnecessary and grlorous burden is thus im posed upon nowspnper mont How frequently editors of newspaper! know nothing of the real ownership or directorship of the papors on which they aro employed, and yet this bill compels thorn to giiaranteo the accuracy of tho "statement" furnished by othors, at the peril of their own criminal prosecution. Why should a newsdealer be held criminally respon sible for the correctness of the publication of tho list of officers and editors of the various newspapers which ho sells! What control, morally or legally, can be possibly have over such matters! Was ever such foolish as well as reckless legislation heretofore attempted to be foisted upon the people of the State! How easy to Institute a practical boycott of a newspaper and prevent Its salo by some one raising a "huo nnd cry" that Its required published "statement" ns to ofllccrs or editors Is not en tirely full or accurate Hut that Is not tho worst of It. Tho latter part of the second section assumes to mako Buch statement "presumptive evldenco" of a defendant's connection with the papor. No further evldenco is required of his responslbill ty for tho publication. He is presumed to be guilty because some ono has used his name, and tho burden Is thereby cast upon the defendant to show that such no was unauthorised. Tho prosecution need not even show that such use wns with tho defendant's knowledge. This Is a reversal of tho ordinary rules of evidence per taining to criminal prosecutions, and In my opinion this rrovislon is unconstitutional be cause It violates tho constitutional provision that "no person Bhnll be deprivod of life, lib erty, or property without due process of law." (Wynehomer vs. People, 3 Kern., 440.) Tho caso of I'eoplo vs. Cannon, 13') N. Y. It., 3'J, docs not conflict with the principle for which I contend. The, fact upon which the presump tion of guilt is to rest has no fair relation to or natural connection with the main fact. In other words, tho mero fact that a newspaper adver tises that I am one of Its owners or editors does not of Itself alono.have any natural con nection with tho truth of tho fact of such owner ship or editorship. It is mere hearsay. It-Is tho uncorroborated ex parte declaration of others. Tho Inference of the connection Is "purely arbitrary, unreasonable, unnatural, and extraordinary," nnd hence a conviction based thereon Is without "due process of, law." DEFIANCE OF THE CONSTITUTION. Besides, the proposed law permits no de fence to tho indlcMncnt basod upon the truth of the offensivo publications. What, then, becomes of b tlon 8 of Article I. of tho Consti tution, which opressly declares thnt "no law shall bo passed to restrain or abridge tho lib erty of spoich or of tho press," and that "In nil criminal prosecutions for libel tho truth may bo given in oldonce to the Jury," as a defence. Although tho offenco for which punishment Is provided In this low Is not characterized as a libel, but Is simply styled a "misdemeanor," without any other naTe, yet'It must bo re garded as a libel within tho truo meaning of the constitutional provisions above montloncd. An attack upon a corrupt or dishonest official or dissolute mnn Is If falso a libel, and Its na ture may bo such as to bo open to tho cbargo of liAVlngJaV'tondcncy to injure the minds of tho public," nnd nn indictment might bo found for tho latter offence, yot under tho omltslons of this bill a defence of tho truth of ffuch attack would be Ineffectual. Surely, It would Becm as though the guarantees of the Constitution were intended to afford protection in all such cases, whoro tho offenco consists of writing, printing, or publishing something, nltbough tho action may bo sir led otherwlso than as a libel. A mero change of name cannot affect the nature or essential qualities of a "constitution al" crime. If I may uso that expression. Not many years ago the pointing of Darwin's trontlso on tho "Origin of tho Spoclcs" would havo been regarded In somo quarters as an Im moral publication. The difficulty Is that this bill ubsurdly 'declares that everything appear ing In a newspaper Is punlshablo which has u tendency to Injure the minds or morals of the public, but fixes no method of determining what the moral standard Is, but such vexed question is left to the caprice, tho prejudice and the discretion of a Jury, It Is said that "the moral law is that which conforms to dlvino law as found in the Scrip tures." Hence it would follow that anything In violation or supposed violation of thoso Scriptures is Immoral. Would not, then, the publication of ono of llobcrt Q. Ingersoll's loc turcs, wherein he rldlculos and rejects the Scriptures, be rcgnrded In somo very respect able quarters as Injurious to tho minds of tho people! Where Is the lino to bo drawn under tho peculiar terms of this bill! Wouldjthe publication of extracts from the recent novel of Bellamy, entitled "An Ex;eri ment In Mnrrlago," wherein voluntary divorces and numberless marriages are advocated, bo deemod Injurious to tho morals of the people! MANIFEST UNFAIIINESI AND M0NSTR0C8 IN JUSTICE. Yet under this proposed law newspaper men are to bo treated ns felons and tnelr possessions virtually confiscated, If they err in the decision of these delicate and Intricate questions, re quiring the greatest Intelllpenco nnd Loenest perceptions. Tho authors of this measure seek to create a now offence, to wit, the crime of publishing genorally an objoctlonsble or offen sive newspaper, When prosecuted for a libel on an Individual tho truth may always be in terposed us a defence, as guaranteed by the Con stitution and section 2U of the Penal Code, but where prosecuted generally for a libel or publi cation supposed to 'jo Injurious to the com munity at largo, the truth is to be excluded, not withstanding the constitutional guarantees. It Is further expressly provided that In theso prosecutions there need bo no proof that any particular person or persons havo been Injured. (Section 3.) Such Is the manifest unfairness and monstrou. Injustlco of the proposed bill, I-0DIJO J-UQSKCUTIONS ON PRIVATE QltUDOES. Section 4 contains a provision which Is un precedented In this btato. It proi Ides that the District Attorney of any county In width a prosecution Is had shall appoint the counsel designated by tho complainant to assist him In such prosecution or trial. The statute Is Im perative it admits of no discretion. Whether or not the District Attorney desires or need as- lstance, he Is bound to permit the complain ant's counsel to bo associated with him. Such a procedure Is virtually turning a publlo into a private prosecution, and Is objectionable in every respect. A District Attorney is n sworn offi cial, eloclod by the pooplo nnd roiponsthlo to tbem; he acts In a publlo capacity, presumably without malice, foar, or favor, but the prlvato counsol of a complainant represents no ono but the complainant hlmsolf his selfish and per sonal Interests. Tbe law of our State does not nuthorlzo such an unseemly proceeding In re gnrd to nny other prosecution. A wife whose husband has beon murdered, a brothor whose sister has been assaulted, a father whose child has boon abducted, a citizen whoso residence has beon robbod, or a bank whoso vault has bocn burglarized cannot compol tho District Attornoy to accept tho services of a private counsel, much as they might desire hlra to have tho benoflt of such asslstanco; and yet, undor this novel bill, when a newspaper Is to bo raided or destroyed under tho form of a crim inal accusation, the personal complainant Is permitted to foist his private counsol Into tho publlo prosoeutlon, thoreby practically chang ing Its nature from nn official to a prlvato pros ecution. This uttorly lndofenstblo provision re veals theinconststency of the defenders of this measure and reverses the wholo theory upon which it has been publicly urgod, to wit, that it was not deslgnod for tho protection of nny Indi vidual, whoso porsonal grievances can bo reme died undor oxlstlng laws and whoso rights aro already concededly amply protected, but that It a-as Intended to tlileld tho publlo generally from offensivo newspapers, without proof thnt any particular Individual has aufforcd any Injury, tho prosecution being professedly desired for the highest and best publlo interests, yot here Is a provision which undermines and destroys this lino theory, recognizing the prlvato character and personal objects of tho wholo proceeding, admitting tho necessity or propriety of prlvato Interference, and which virtually transforms n public prosecution Into a prlvato persecution, simply uslngjfor that purposo the machinery of the criminal law. A legislature which sanc tions Buch an outrago and establishes such a pernicious prccedont may ho nblo to escape pub llcobloquy, but I do not believe It, PROSECUTION OF ONE TArKR IN SIXTT COUW TIKS AT ONCE. The extraordinary character of this bill Is further Illustrated when section 0 Is oxamlned. It permits an Indictment to bo found In any county of tho State wherein a Binglo newspaper may happen to circulate, and forbids a cbnngo of cnue excopt upon tho singlo ground thnt a fair and Impartial trial cannot bo had In tho county. No chango can bo made for tho con venience of witnesses, nor becauso tho transac tion out of which tho objectionable publications or pictures aroso or aro founded occurred in nn other county, but tho now-Bpaper is to be sub jected to every possible annoyanco nnd do prlvcd of overy Just and reasonable privilege. bndcr ordinary criminal prosecutions for libels, upon individuals tho law for many years has permitted, under certain rcasonablo condi tions, tho placo of trial to bo changed to tho county where tho nowspaper Is published (Penal Codo, section -111), but such privileges are bru tally denied under tho harsh mid vigorous pro visions of this unprecedented law. Tho prlvato complainant, wbo personally has suffered no Injury nhatovcr at Uw hands of tliB newspaper, is permitted to dlctato In what county of tho State the indictment shall bo tried, and tho de fendant is powerless to secure a chnnge. The commonest felon of tho Stato could hardly bo treated with loss courtosy and consideration In tho administration of tho criminal law. SUCH A LAW ITSELF A CRIME. I pass over tho provision which rcqulros tho Attorncy-Qencral to bring an action to forfeit tho charter of a newspaper corporation, and to Injure by tho summary remedy of an Injunction tho circulation of tho paper, not after thoro have been Ilnal convictions duly nfllrmcd .by tho court of laxt'resort, butliniincdiutcly after convictions in the original court and before tho expiration of tho time for rovlow. Neither do I stop to consider thoso provisions which as sume that everybody Is bound to know when there havo been two convictions of members of a newspaper staff, and which permit prose cutions against lnuuccnt people who thereafter "sell, distribute, or clrculato" such newspaper, becauso these and several other obnoxious pro visions aro all part and parcel of the general cussednoss of the whole moasuro, and require no special comment. It Is possible thnt the very enormity, severi ty, and recklessness of tho bill mny prevent nny conviction thcruindor, which is often times the oaso with such unpopular and oppres sive statutes. But nevertheless. In the hands of an unscrupulous District Attorney, with or without tbocompuliory assistance of irresponsi ble prlvato counsel, backed by a combination of powerful political lnlluencos bent upon tho destruction, of their critics, a prosecution under this bill can bo mado a dangerous instru ment of oppression, annoyance, corruption, and Injustice It is said thnt notwithstanding its outrageous features and fatal defects, Iho bill Is sure to pnss the Legislature nnd becomo a law, by reason of the potent Influences sus pected to be behind It and I assumo this may bo true. So much tho worse, then, for tho Em pire Stato. Its enactment will be a mistake a blunder and a crime. Very respectfully, Ami any, March 5. David B. Hill. A. JfEtr CATTT.B DISEASE. It la Affecting- Jvebraaha Urrd. and Is Wet Yet L'nd.r.toou. Grand Island, Neb., March 0. A now dlsesso has broken out among the cattle of IIn.ll and nd Jacent counties. Stockmen of this section are much alarmed, and the cnttlo mon of other counties are apprchenslvo becauso the disease Is spreading rapidly, A dozen herds in as many parts of this county are infected now. Tho Fodernl Qovernmcnthns recognized the seriousness of tho disease by sending a tolerlnary surgeon to Nebraska. Tho matter was referred to tho State official, a month ago. At the time tho dlseuso had caused the loss of a number of cuttle, but tho farmers and stockmen wero not alarmed except that they did not understand tho plaguo. A Jersey Cltr Poolroom Raided. The notso of pool balls clicking against each other and the sound of voicos coming from Ed ward Dobbs's poolroom at S Tuors avenue, Jorsoy City, attracted tho attention of Bounds man Craig about 3:30 P. M. yesterday, anil on entorlng tho placo ho found several pool gomes lp full blast. With assistance summoned from tho Montgomery street police station tho roundsman raided the placo. The proprietor and ten jouuginen nnd hoj s who wore playing pool were arrested. Dobbs was locked up on h ilmrgo of kcopiug n disorderly bouse, nn. I tno others woro charged with being disorderly par sons. Tho place lias no license to sell liquor or beer, but tho patrons wero supplied with beer brought In agrowler from an adjoining saloon, Tho prisoners wero all balled out before night. A Colored Congrrsallon Homeless. Owing to tho decision of the trustees of the Holy Trinity Church cstato and the trustees of Holy Trinity Church to soil tho church property on Canton street, Brooklyn, owned by the estate and now occupied by tho St. Augus tine Colored Protestant Episcopal Church, tho lattor will have to vacate the prop erty. This leaves them without a house of worship, since lack of funds compelled tho ltov. U. V. Miller to reject tho offer to nell tho property modo by Ihe Holy Trinity trustees. It Is thought that the trustees of tho Church of tho Messiah, on Urren and Clinton avenues, may offer thu use of Armory Hall to the St. Au guttlno congregation. Homer Willie MlMUr. The Brooklyn police have sent out a general rlarro for Homer WIIIbo, 70 ears old, who has been missing from the homo of his daughter, Mrs. Wlclpley. at 127S Fourth nvonue, since Itb. 'J(l. Ho Is 0 feet 8 Inebes tall, with gray hair and beard. He store black trousers, a blue undercoat, u black overcoat, and a cloth cap. He left home to take n short walk, und his daughter has not been able to learn anything about him slnco. A TrlaDtpk f American Cenlus Too Pennsylvania Llmll.d. with its nsw .nuipment. la by far too nandsomsil patHncer train In lUtenoc. JaSttC,a numZ2fi.on1 tot Cblet "'" '- - ' ROME AND THE SALOON. xrrjr xtucmzsn or Tint onunca AtlljT EXFOVKIHSD. rattier Stierdr (.eetiirra nt St. Patrick's Cathe dral Under IB Ampler or Ihe Catholic University of Wn.hlncton Sunday tenln Uaeeulr.callr Condemned by the Church. The first of the lectures of the Father Matliew Chair of tho Cathollo University at WashlngtoiCto bo glvcnoutsldo of that city was delivered at 8t. Patrick's Cathedral last night by Father Morgan M. Sheody of St. John's Church, Altoona, Pa. This year an extension of tho work was planned and New York wns chosen, s It commands a wldor field, Tho subject last night was "The Cathollo Church und the Liquor Traffic," nnd there was a groat turning out of tho Catholic temperance socie ties to hoar Father Shoedy, Ho said that tho Cathollo Church, contrary o what many suppose, had put Its scnl of dis approval on tho liquor traffic. Tho second nnd third Plenary Councils of Baltimore, which had been called to consider tho question, called upon Catholic pastors.to frequently warn their flocks to Bhun drink houses and to repel from tho sacraments liquor dealers who encouragod the abuses of drink, especially on Sundays. It also cnllcd upon Catholics engaged In tho Bale of liquors to consldor tho great dangers with which their buslnoss was surrounded and If possible to choose some other way of making a living. "Lot Catholics," Father Shccdy said, "keep their saloons closed on tho Lord's Day, for If through their action religion Is dishonored, let them remember that a tcrrlblo retribution will bo demanded of them by tho Avenger of Heaven. There can bo no mistaking the!mlud of tho Church In this Hint tcr. 1'ho Holy Father approxed tho action of tho Baltimore councils und his representative, Cardinal Satolli, In his decision a few years ago In the appeal taken to him by ioiuo Ohio Catholics against a law of tho dlcccfo of Columbus excluding from mem bership in Cathollo societies persons engaged In tho liquor traffic, confirmed tho position taken by tho Bishops. "'What has been done,' ho wroto, 'has tho approval not only of Catholics, but also o' non Catholics, being in harmony with tho laws of the Church and necessary to Its honor 1' "Against tho Sunday opening of saloons you should stand firm. Thoso wno want It nro moved by a mcro selfish desire to Increase their sales of liquor by adding to their present license on bIx das one for the sacred day, utterly re gardless of Its effect uiwn the welfare of the consumers, their families, nnd thu community. "Do wo want the Continental Sunday instead of tho Lord's day as It is genorally obscrcdln America; a .Sunday not for worship, but purely for amusement and dissipation, sure to bring in Its train nutlonul Infidelity and national ilccidonco! Let us not, under any spcclom, pre text of personal rlglits, homo rule, or lltwrty, cast away tho Sunday of tho fathers under which wo hao prospered, nnd put in Its placo the Continental Sunduy which bus been pro iluctlvo of so much ovll thnt the most thought ful Europcuns nro at present trj lug to cast it away becauso it Is demoralizing. Aro we going to pncrltlco a sacred principle to a baso oppc- "Do not bo alarmed by tho chimera of a Puri tan Sunduy. 'ihoro Is no danger of jour ever getting bnck to that. Cosmopolitan Now York never had nnd never run have any odious bluo laws. OIvo the workiiigiunn what ho is en titled to, tho Lord's day, day of rest. Muke It u dav of Joy nnd gladness. Throw open for htm tho nr. galleries, libraries, and niutaums, but keep tho door of tho saloon tightly shut." Father hhecdy then pointed out the cils of drink and its effects nt, shown in the history of nations. "Tho administration of this proud city of New York," no said In cloning, "hai been Intrusted to a party largely composed of Catho lics. What will the record be Will you hi lp to mako this city trulj greater In moral and civic virtue, greater m art. In literature. In patriotism, In lellglnus observance! Provo to its people nnd tho country nt largo thnt tho hopes of the coming century nie safely cen tred in the conson ntivu and fit nllng influences of tho Catholic Church. Stand firm and im monblo against tho Sundnv saloon, against tho abuses of Iho liquor trutllc. nnd against In temperance, tho giant eurs.0 of tho day," JiJI.I.EIi AT A FIRE. Two I.Ives Z.a.t In n Tenement Dlare Three lVounded InTortnlly. PiTTSnuna. March C FIro In a tonement house on Webster nvonuo this morning caused the death of two persons, and three more will probably tile. Tho tenement is a three-story building nnd wns occupied by three families. At 0 A.M. Samuol Levino, who occupied tho first floor with his wife and baby, was aroused by n knock on tho floor nbove. Tho house was full of smoke, and ho and his wlfo rnn out with the baby. At a window on tho second floor was Levino's grown daughter. She throw two younger children out of tho win dow und then Jumped herself. Sho was not borlously Injured. '1 he Olannodo family occupied tho second floor. SIr. Olnnnodoand her husband left their rooms, and the husband, thinking his wifo was follow ing, rnn to thestreet. Mio went to the third floor to rouse the Vcrhllnskl family and was burned to do Uh. Max Verbllnskl, ni,cd 21, jumpod from tho third story with his baby sister In his arms. Tho baby died tonight nnd Verbllnskl was hurt mortallr. Lllllo nnd I.izio Lovine, the children who woro thrown out tho window. It wns said at tho hospital to night, will prob null die. Tho tiro blazed fiercely while it lnstcd, but tho building was b ived bj tho lire-men. CIlAItTt.ltKn ill" CAXAniA.1, Vart or sir. Ifamtn. I.nko Fleet Transferred tn n. .tew Company. Cleveland. O., March 0. Tho flvo flrst-closs lakostenmers Saxon, German, Crcclnn, Briton, and Itoiii in V. of tho Menominee Transit Cotn panj. which is practically M. A. Herniate Co., and the (Jlobo Iron Works Company, wero char tered yesterdny for two y oars to the new Cana-dian-Atlnntlollne. which will run thembctweon Duliuh, Chicago and Parry Sound. 'lhulii'adii nailers of tho Canadian Company are at Ottawa. Unt.irlo, and It lias an elevator and torniinnl facilities at Parry Sound, where the grain nnd packngo freight to bo bundled by tho vessels will bo transferred. Iho dinner prlco is supposed to be 450.000 for each vessel for tho term of tho lease. Tho steamers were built In the season of 181)0. f)lb 1 be (Jlobo Iron Works Company. 'Ihrco of tho fleet, the Grecian, Briton, and Itomnn !'., are bore, and tho steamers Saxon nnd German nro at Ashtabula. They will bo delivered to the Canadian-Atlantic Comntny on May 1. 'Ibo steamers can curry about -HiO.OOO tons of ore in a season, nnd the chartering of the vessels means that M. A. Hanna teCo. will want that much more wild tonnage miAT.EIlS KEEIt JIIEX HADT.T. Tho Llltl Rubtrrruao by Uhlrh They Are Try ing to OlitMln Crews. San Francisco, March 0. The rush to the Klondike has loft tho whaling essels here with out any crews, and even the extra wages offered are no inducement to men to ship. In this pre dicament tho masters of whalers hare hit upon a scheme w hlch mny Buccocd. They nro instructing runners to suggest that green hnnds will bo accepted by whalers In the present scarcity of mon, and that nny ono bound lor tho Klondike muy ship as a whaler and de sert nt Kotzebue Sound. In this way the cost of passage would be saved. Iholltllo joker appears In tho fact that the whnlers roallr do not touch at Kotzebue Hound, so thnt any man wbo shins on them will have no chance to desert. Instead of digging for gold on the Klondike, be will be trying out lubber off Mackenzlo Itlvcr. BXAKES AT EAHGE Iff HAEZEV. Ttirr TTere Let I.oo.o tir a Snake-charmer, Whose Cbnnt Ilrluc. Tbem Hack to Hlra, A snake-charmer allowed four snakes which he csriiod In a basket to oscnno into adjacent areas in Seventh nvonue, near li!5th street, yes terday, and.w lion this bad attracted a big enough crowd, began u weird chant to tho accompani ment of a triangle. After the snakes had been charmed back ho took on his hat suggesthely and much small coin was droppud in. Kipres. Company Wnrehou.a Uurned, Chicago, March 0. Tho south wing of the American Express Company's big warehouso on Custom House placo was almost entirely de stroiedby lire at Si o'clock this morning. The bla7o started in the supply department, on tho second or top flour of tho building, ana spre id rapidly. Manager Buchanan received his first uolicu of thu lire when tno olectria light wires were cut by tho llremen. The loss was about $S!9,00(. Tbo Horses in tho stables under tho warehouse weru reseated with difficulty. They became panlo stricken and hud to bo forced from the building. Killed br a Trolley Car Calllalon. Newton, March 0. Thomas Peck was In stantly killed at Newton Uppjr Falls to-night. Theburgy In which ho was driving collided with an sjeotrlo car running at high speed, Mr. Peck was thrown against the car and his skull tractursd. r 5 1 ' LYONS a A Silk and Wool Fabrics. Popeline Olga, Glac and Plain Poplins. Barr and Corded Silk and Wool Fabrics. Fleur de Velours, Bengaline. yiOE, SOOlAIiLE nnOOKLTX. A Slasher on an Elevated Train Dlseonrages Tno Heron Seekers, "I had heard so much about the superiority of Brooklyn as a home centre," said a theatrical manager, " that I dotermined to look up a little nost over thcro for my family. You'll pardon me for saying that my wife Is n very attractive little woman, and I havo long been anxious to make a homo whore she would be freo from the annoyances of tho genus masher that in fests this borough. I figured It out that in Brooklyn, where domesticity thrives and tiddlo winks and progresslvo ouchro nra the chiot dis sipations, my pretty wlfo would be safe from ogling men, " Well, wlfcy nnd I crossod tho bridge ono day last wcok, and, after scanning a list of avallablo houses nnd flats, we boarded n train on one of tho Brooklyn elevated roads. Pre-empting two crojswlso seats, wo were roon speeding toward a suburb of tho borough. I sat facing my wlfo and I noticed that tho llttlo woman seemed upset about somothtng, and at ono tlmo she appeared to be on tho vorgo of wcoping, '"Poorglrir I thought, 8he feels brokon up over tho idon of being 'burled,' as sho calls It, In quiet, peaceful Brooklyn while I'm on tho rond with a show. Wo had travelled probably two miles from tbo brldgo when a clean shaven, well-groomed, dccont-looklng rbnp. a typlcai Brooklyn clubman, I should say, arose from his seat behind me. walkod up tho aisle, paused, beamed upon my wlfo nnd myself, then bowod politely nnd passed on. '"flood hencns, Lawrence, do you know him I" whispered my w Ifo. "'Nctcr laid eei on the fellow,' I replied. 'That's a Brooklyn wny of making a stranger feel at home.' Just then tho stranger re appeared. Tho train was pulling into n sta tion. Ho ruslicd up to us, extended his band, removed bis hat und said blandly: You don't lemcmbcr mo; of course not. Thought I'd (peak to you. anyway. I'm Dlxoy, tho actor. Pin) i'd in Adonis' so mnny years. Good-by, and ho was gone. "'Woll, I'm jlggerej,' I oxclilmed, as the train pulled out, 'Do I look like a ha seed! Here 1'vo boen in the show business twenty jcars, and u confidence man tries to work mo with a incket like thnt. Why. ho looks about as much llko Dlxey ashodocsllko.MarkHanna.' "My wife seemed overjoyed when tho train i had actually got nwny from that station. "Do j ou know.' she said, 'that horrid man had been bowing nnd Binillng nnd smirking at mo ever slnco tho train left tho bridge. I didn't rtare to tell jou for fear of n scene. Let's go right back to New York. Thu mon there at loast do not try to flirt with a woninn In the prcsenco of hor husband.' " We shnll remain on this siao of tho brldgo," concluded tho showman. DItVKKES MA If STOW OAHT.E CAR. It Bin About to Rnn Over Him Whrn tbe Grlpmnn Ilrmijtit It to n Standatlll. Policeman HIggins of the Wost Sixty-eighth street station noticed n man with an unsteady gait turning up Columbus avenuo ntSlxty-sov-onthstrcot last night, nnd followed blm to see thatnohann should befall him. Tho man had agoodlcalof troublo In dodging tho pillars of tho elevated railroad, but succeeded In passing several by w nlklng along tho cablo slot. A cable car enmo along soon, but, ItiBtcnd of getting out of Its way, the man seemed rather to throw himself nt it, making an ineffectual grab far tho fender ns ho jumped. The grlpmnn of tho car applied thu brakes hard; then, leaning over tho dnshbonrd, succeeded In catching hold of tho drunken man nnd drew him out from beneath the cur just ns il e.ira.' to n standstill. Tho policeman took charge of tho man after that, unit niaichcd him nruund to tbo station house. Thcro he said be was a Tammany man, full to tho no77l,-. Ho pulled outn lot of loose change nnd piled It up carefully on the .Ser geant's desk, und then slammed his hnt down In tho snmo place, scattering tho money all over tho room. "I was born In Rockland county." he said. In nnsw cr to one of the Sergeant's questions; " but I mn nn Indian now. Oh. it's Bimplv grent slmnlv groat," bo continued, meditatively. ' Wo vo got probably tho finest Mnyor in tbo wholo w Ide, wldo world, and wo enn got a drink nt nny old placo or at any old tlmo wo want (t, Yos, sir I It'i simply great." Ho was locked up. nf tcr being entered on the blotter ns Herman B.'jor, 27, bricklayer, of 71 S! Columbus avenuo; charge, Intoxication. boo nirra womax r.v tiie street. Knock. Her Down nnd Trnm nor Cheek I.oekrd I'd Willi llo Osvnrr. Mrs. Mary Buckley of .118 Kast Fifteenth Btreet was severely bitten by n St. Bernard dog yesterday aftornoon In Fourteenth street. Tho dog, which Is owned by Itobert Schobo, a cook of 47 Sovcnth street, wns followlnglts master on tho north sldo of tho strict, between Fifth and Sixth avonues, when Mrs. Buckley rime along. Without warning tho dog leaped at her. It struck her in tho chest and knocked her down. Then It fnstenca its teeth in her left cheek. The woman screamed, and Policemnn Brown of the West Thirtieth street station ran up and grabbed tho dog by the back of the neck. At tho same time from across tho fltrcot two polleo men of tho Mercer street station ran over. To- S ether tncy bold tho nt. Bernnrd until Mrs. urkley got onto her feet. She was bleeding badlv and wns greatly terrified. Policeman Brown put Schobo and the dog undor arrest nnd took tho woman around to tho New York Hospital, where two stitches were put in her torn cheek. Sho was then sent to her homo. Schobo and the dog were haled to tho West Thirtieth street station and locked up. While In the policeman's hands tho dog seemed per fectly good nntured. THIS BAHY 1VAB STEAITOLED. Its riody round on a Garbage Brow Polloe Irjlng to Hud the Rtrnngler. The polleo of tho Madison street station are investigating the death of a newly born male infant, which was found yosterday on .scow No. 17 of tho Strrot Cleaning Department at the foot of Itutgcrs strcot. Tho body was found among a lot of ashes and rubbish by Sylvester Dcsioo of 'J01I1 ester Btreet, who was working on tho scow. It was wrapped inn piece of brown paper. which was loosely folded around it. Dessoo informed Policeman John C. Gllllgan, who took tho body to tho Mad ison Htrcet station, whence It was removed to thu Morguo, Coronors' Physician O'llanlon made an au topsy on tho body and found that the child died of asphyxia. O'llanlon said he could not tell how the usphyxlacauio aoout, but It might have boen the result of strangulation. Thorn were five abrasions on tho left side of tho neck nnd a mall wound, which looked iib If it wero mudo with a linger null. Dr. O'llanlon said the marks were made before death. Detectives are searching the neighborhood to nnd come cluo as to w ho placed tho body on tho scow, but up to a late hour last night they r ere unsuccessful in their efforts. Block Slsnnl Tower on tho Central Ilorntd, Pnt'aiiKKKi'siK, March 0. Block signal tower No. 07 on tho Hudson Itlver llailroad was de ctroyed by tiro at 0 o'clock to-night. Tbe tower man, Charles Northrup, had a narrow escape. He was sitting at his post when i ho flames burst through tho floor from below. Hu was driven from the tower by the flamos before he could save bis instruments, which wore lost, together with somo personal property belonging to tbo operator. The framework of tbe tower fell across one track, blocking It for several hours. The tower Is two miles south of this city. A New Kid Glove, will be placed on sale shortly, of which due notice will be given. P. Mtman A o. nincKcnil) street ana Sixif) Jloenue. nitES IN If AY AT. VESSEI.8. The Can.oo or the Ignition or Coal In the Ilnnkera or Our Warahlps. Wasihngtox, .March O.An additional state ment prepared by the Board of Nnval Officers recently appointed to investignto tho subject of spontaneous ignition of coal, summarizes tho supposed causes of combustion tneloven out of twenty fires reported on war vosscls In the past thrco years. The Petrol's upper bunker caught llro two years ago nt a point IS Inches from the boiler, presumably from tho great heat, S!00 de grees, In tho space between hollers and bunker and to tho nbsenro of ventilation, as the ship had been battened down for n week. The re port says that wetromux coal had been stowid in this bunker ropuntedly without an trouble ns long ns thcro was houio exit for gas. A Are In the lower bunker of tho 01) mpiu was believed lu bo duo to proximity ofhteamlng boiler nnd feed tank. Tho bnck bend of the boiler was nhotit H Inches from tho bunker, but tho feed tnnk ml joined it. Another Iho inter nn the snmo ship was reported to bo duo to tno proximity of tho uppT bunkers to tho stenni pipes and boilers. A llro on tbo Cincinnati was due to bnd bunker ventilation. Tho heat In this Instance was bo great that It tinned the wood around tho Bhellroom In nil jacent maga zine, which was separated from the hunker by a single bulkhead only. Firo In tho Indiana s hunkers wns due to the location of tho bins, which wero so placed that anything short of anthracite might Ignite. A firo on the Albatross beeamo bo intense that red hot coal, no irly burned tho floor of tho hunkers through. In n number of othor Instances fire occurred, but practlc.illy nil the investigations' showed that thu real hud ignltod tbrouuh prox imity of thu bunkers to thu.tlrorooui or steaa boilors or pipes. TOOK $ EltOM 3111. EOOAItTT. pent It In Drinks nt tbe Whllo Elephant D fore "be Uni Arrested. In an effort to cement a newly formed ac quaintance with Miss Grace Mansfield, T. J. rognrty of 144 East ISRth Btreet took her Into tho While Klophnnt cfo in Sixth avenue lust night and bought her und hor young woman companion sorornl drinks. When It cumo time to pay up Fogarty pulled outn roll of bills and stripped thorofrom a $1 note. Before he could replace his roll (Jrace snatched a $2 bill and crumpled it up in her list, " For ino nnd mo lady friend," she said with a wlnnlus smile. "Not even once In a whllo," retorted Fogarty. bristling up. "O Immo that bnck." "I'd like to seo you get It," was tbo young woman's rusponho as sho called a waiter ana orde-red more drinks. Fogarty hastenou to the West Thirtieth street Police station anu complained of the hold-up. Sergeant Daly sont two policemen with him to the cafd. They got there In tlmo to catch the girl, hut tho $'.' hud been turned Into liquids. Grace was locked up. HVENE1 TO HEATH IX A 1IIXE. Two Men V,o. e Tbrlr t,lvro In the Wire That Uratrojed tbe Sen Domlugo Mine. CnmtTAnUA, Mexico, March 0, Word has been received hero that thu San Domingo mine In the Santa Eulalle district, fifteen miles southeast of this city, wns burned on Thursday night with tragic results. At midnight tho night shift of MO men went up the shaft to eat lunc.i, leaving two of their number on watch down on tbo 1.400-foot leel. When the workmen Btnrtcd to resume their work they found tho mine on tiro nnd the shaft full of smoke. They could hear tho shrickn of tho two wiitchmiii who were being roasted alive below. Tho mine Is reported to bu practically n total loss. It aas owned by Chihuahua capitalists and turned out two carloads of silver ore a day. It was heavily timbered throughout, and only acne In extinguished the flumes, Tbe loss amounts to fully 100,0O0. JVO VSE FOIl A DOCTOR. Jaeger Died or Heart Dlsea.n Three minutes Arter Baying Ho tTeuld. John Jaeger, an olderly wood carver of 337 West Seventeenth street, started for St. Paul's Lutheran Church, on West Twenty-second Btreet. last night. On the way he became III, nnd stopped at a restaurant at 211 Klghth avenue. " Brace up," said the proprietor to him. " I'll send for a doctor." " No uso," replied Jaeger, " Im going to die." In three minutes ho was dead. He nad long sufTorod with heart disease. Baltimore Elopers Arrested In Cblenco. Chicago, March 0. Joseph Vernlak and Mary Westerham, elopers from Baltimore, wero ar rcstod this afternoon In a flat on Lasalle avenue which they had occupied for ten days. Vernlak wlllbetakon bark to Baltlmure at once tn an swer a rhargo of cmbezrllng ffisl.OOO from tho I'nlted States Guitar nnd Zither Company nf that elty, of which hewas managir. Tliewoinni I will bo chu-ged with being nn accessory to the I crime. Vernlak is 50 ears old. His companion was n stenographer In his employ. He .a) s that a bookkeeper lor the company is the reul em enu. Thrown at a Policeman. Head. A plaster of parls statue of Venus came sup posedly out of the window of n tenement ut New Bowery nnd Madison streets list night and landed on tho head of Policeman MclCeon . of the Oak street polleo station, disabling thnt ofllcei. " Wherefore all this success and I havo none," J sslth the croaker. A word of advice prodme I what there Is a great demand for, ut any rust, and jou'll succeed. Keep It at u standard of . excellence and hold It there. Americans like a good thing and will pay , I lor it. Aiiiorleins hato , Amrrlenna I lb " mn in thlnn- mid ;;m t Americans Like llBVO lt nmtho ilun- 1 finnil Thin. tcr Hultlmoio lt)ni ii ii- J fl UOOQ lOIOf. Cll lho lUaurd of Iho best nnd Is known as tho American Gentleman a Whiskey, It Is purr, mellow nnd ten ujrs old. t Regardless of cost It will muintaiii this hih'h I mark. Physicians prescribe und rocoiuiuoiid it ' for Its purity. Clubmen everywhere prefer it for its pure, rich flavor and Its effects us a tout cal stimulant. , A. U. Uart VranU Mora, BsereseataUvsa i a. William It, Mew Vertt, . . '