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The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, May 26, 1893, Image 1

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Ilia Dofcnso Bol'oro tho Preabytor
jaii Qciuerul Assembly.
la Whioh tho Doctor Touoliui
Every Point at Issuo.
.. no nrnir nntrnnt noorllDn
Kililll ur inn unntinHL hoolmdl
To Hear tho Case Denied Uy Him
An Intimation That u Court o
I (|uity May Yet Decide the Quoh
lion of i'ersonal Iti^Utu Involved
llu lloutllruis ilis Acccptunco oi'thi
Holy Scripture* us tho Word o
Coil and CIuIiuh That Ilo Hus No
Departed From 1'resbytcrJai) Doc
trliiou?An tfiaboratg Argument
The Sunday Question?Tho Ausom
bly Assured Uy tho Attorney Gouor
al That tho Law Will lie Lhiforcod
WA.-iinxc.TON, D. C., May 24.?At 0:3t
tho moderator opened the general aa
Humbly with prayer, and uftor tho dis
position of soino routino buainoaa, pro
aontud a report froui tho judicial com
inittoo rocouuaondixiK that tho uix com
plaints of J. J. McCook and others
against tho Now York synod, growin,
oat oi tho trial of l'rof. JJriggs, bo rofor
red to a judicial commission for trial.
Tlio recommeudatiou of tho commit
tuo was adopted.
Dr. Uaker then reported tho uction o
tho committeo upon the overtures re
luting to appeals direct from the synoi
to general assembly. Tho committor
Hai'i that inasmuch au those overture
hud to do with tho ease now pending i
Hoomed only fair tlmt the report oi
them should be made before tho cas
should bo determined. At tho earn
tiuie, recognizing tho fact that then
Mud no opportunity at thiu time for thi
diocussion, it was recommondod thu
the report bo placed on tho docket, un
lesa the asuembly was ready to voti
promptly on it. Uverturos frou
twenty-niuo presbyteries asked speci
(icution on tho case now pending
ttioue from fourteen others uskod i
change in the book of discipline to pre
vont any future appeal being takei
direct from tho presbytery to tho gen
oral ussembly. Tho committeo recom
mended tho adoption of tho followinj
"itowimi, That a presbytery has th<
undoubted right of petition to the gen
" 'ill HOL'umlilu na fn nil iiimHapj rnlnliiu
tu the polity of tho church; but nt
overture from a presbytery, advisinj
the assembly what action should hi
taken hy said assembly in ponding ju
diciul case, is an irroaular and impre
ceilontod ecclesiastical procedure
Every presbytery has the right and till
opportunity to have its opinion on i
pending judicial case expressed througl
its cuiiuuissionera on the lloor of tin
assembly, hut it has not tho right I);
overture to try to influence the docisiot
of the assembly on any pending judicia
case. We thoroforo recommend thn
all such overtures, in so far as tlioy ro
lute to tho action of the assembly in tin
case now ponding beforo it, bo lait
upon the table. Wo further recom
mend that part of Batd overtures relat
ing to a cliongo in tho Book of Uiaci
phuo, ho as to provide that no case
may in the futuro may be taken by ap
peal directly from the presbytory to th
general assombly, bo roferrod to th
committee on church polity."
The assembly apparently was read;
to act upon tho report, fyr a motion t
accept it and adont tho rocommonda
tions was promptly mado and adoptci
witli no dissent.
Moderator C'raig then rccoivod th
HBsombly into a judicial court, and Dr
lirijigj resumed his speoch in defeuso o
tho action of tho Now York presbyter
in the case of tho prosecution nguina
liim and in opposition to tho ontot
tainlng of tho appoal from tho judg
ment of tho presbytery thoreon.
Aftor briefly rostating tbo points uiad
yesterday Dr. Briggs noid: "Tho pros
bytery of Now York, the largost in th
l'f sbytorlan church, aftor a long am
patient consideration of tho merits o
thn casu cave a vordict ol acquittal
Would the gonernl assembly bo wlllini
to give tho samo amount of tnno am
same degree of pntionco to tho consider
atiun 01 the morlts of tho case if th
appoal should bo ontortainod. Thi
goneral assembly is composed of mor
than C>l)l) members from all parts of th
United States. It Is likely that b
numerous a body will bo more equil
able court than tho presbytery of Nov
York. Lot any ono consider tho Bitnr
ntion of allnira in tho I'rosbytorlai
church Binco tho procoss was hi
gun ugninut Dr. Briggs and hon
ostly ask whother tho goncrt
a omhly is likely to bo in a mor
judicial fratno of mind than tho pros
bytery of Now York. If tho gonorti
assembly should ontortaln this apponl
it would he necessary to consider th
merits of tho ciiso with tho utmost cart
with evident impartiality, with ontir
freedom from purty.projudlco and wit
uimoarlod natlonoo forsovornl wookB
or you could not win public confldonc
i" your justice, or publlo respect fo
your decision. II yon ovorrulo all th
provisions of tho constitution am
minims of civil law, tho usages t
civil unci ei'closlustlonl courts In ordo
to etitertuln an appoal ami tlion rtis
[o a hasty declllon, you strike a deadl
l'lniv at tho constitution and tho do
clplliio ol tho l'rosbytorlnn oliuroh."
Ho tlion reviewed tho history of th
<u?o through Its various usungoi I
lueibytory and general nsiombly, show
Ing tho dismissal of thoolmrgos In 1HII
and on acquittal tu 1HUJ, "by a court'
us no raid, "which showed so ovldoutl)
tunny the least, that tlioy woro nu
biased in fuvur of Dr. llrlggi, and whir
? "Minder the oilornnl pressure of th
unfavorable aotlon of tho two gonori
assemblies, and which wus oompolle
to .icqttlt him by tho evidence In th
case, is equivalent to put tho dofondau
In jeopardy again for tho errors charge
against hltu.
A iuoumtion.
"No civil court could dotncli n wroni
It would bo a new and lnlquHotll hr<
cedoot In an ecclesiastical Court. Th
civil courts might fuel compellod In th
interests oi oquity to inlorpoao. Tliu
gonerul assembly cannot omortain his
appeal witliuut doiug violonce to tho
sense oi ri^ht which is exhibited in tho
constitution oi our country in the
inurims oi coinmou law, in tho statutes
of our commonwealth and in tho
practicu of our civil courts without
establishing un entirely now and dunJ
gorous precedent in ecclesiastical law
without doing grave injustice to tho
defendants ?nil to tho presbytery of
3 Now York and without undorralninsr
public ooulidonco in tho equity of the
Presbytoriun discipline. Is not this
too heavy a cost to pay for tho aako of
i securing a condemnation of ono man,
I however objectiouablo ho may bo? Is
It not too groat it strain to put upon
our constitution in ordor to gain a do'
cision on questions of doctrine which
' inttv bo more clearly and satisfactorily
. Uenned by n procedure prescribed in i
tho form of government? Tho common
law lays down this fundamental prin?
clplc which applies to tills emu, if to
f any; it is for tho public good that there
should be au end to the litigation."
' The distinguished doctor went over
tho whole report of llio proceeding
ioadinit up to his trial by tho New York
preabvtery and tho trial it?olf, pointing
out whore points of law and fact had all
. boon in his favor, and also pointing out
whore ruling had boon made unfairly
' mjuiust him.
treated unfairly.
0 Although the rule of tho church doos
" not allow the moderator of a presbytery
" to docide constitutional questions, the
modorator of tho Now Yorlt prosbytery
decided such a question?one of the
. most vital iu thin whole caso?againat
the defendant without giving him an
' opportunity to dobalo the question.
? The oueation was as to whethor tlie bo
called proaocuting committeo was an
original parly to this case or not, and
when the modorator docidod it in the
afllriuallve, in the unfair and
overbearing mannor atatod, the defendf
ant carried his wrongs to the synod of
Now York and nppealod Irom the doci,
sion. Until that appeal has boon
passed tipon, tho general assembly has
11 no right whatever to couaider this case.
'P?. I nU 1
a liiu uuuuuiwiuu nuviiij; uuburuiiuuu iu
t contiuuti tho prosocution of thin caso,
i in opposition to tlio expressed doslro of
o tho Now York proabytory, they say that
o thoy nut independently and as reprob
sentativos of tlio Presbyterian church
o of tho Unitod Status of Ainorlca. Is it
t not gratifying Dr. Brings asked, thut
- thoro should bo at least a few members
0 of tho Now York proabytory who aru
1 dotormiucd to stand by tlio old faith
against tho majority of thoir colleagues ?
; Tho goueral usaombly cannot tuko
a this case undor consideration, Tlio
i- matter is in tho hands of tho synod of
i New York. That aynod baa thrown its
- ahiold ovor thodofandant and will pro
tool, not only him, but its own righta
; of hearing the case without having its
jurisdiction interfered with rashly by
0 tiie assombly.
Thoro was no precodont whatovor, ho
; aaid, for tho leaping of tlio synod by an
1 appoal from an acquittal. It wan also
f bad policy for tho church to havo intor3
veiling courts overleaped. If tho larg
oat synod, that of Now York, should
- thus bo overleaped in tlio oflort to
. bring, tho caso of l)r. llrlggs to a
i spoody conclusion, what is thoro to proi
vent tho loaning of any other synod to
i satisfy tho ambition ol somo other aa0
piring prosecutor?
y What right havo tho cotnmisslonora
1 to tho goneral assembly to ontortnin
1 this appeal? ho naked. Tho assembly
t has boon informed that this caso baa
- boon taken undor consideration by tho
a Now York synod. If, thoroforo, tho ns1
soinbly should docido to come to a final
- decision in the matter and overturn tho
- nnai uecision 01 mo i>ow lore uresuj
tory, it would not find tho final decision
9 for tlio defendant, tho prosbytory and
* tlio synod could not accept it as cither
e constitutional or valid.
u iScforo tho decision could ba made,
continuod Dr. Briggs, it would bo necy
ossarv in tho intoreat of common eonso
o and common jiutico to liavo tho Inter
iooutory appouls passed upon. Thoso
d nro in the hands of tho Now York synod,
and it is attempted to brush uaido
o nil of theso in tlxi effort to brin? the
. matter to a speedy conclusion when tho
f time savod could not tie inoro than a
y year, lloro in tho capital of tho nation
t it is being attempted to override somn
- of the common principles of tho law in
order to gratify tho vain ambition of
thoso prosecutors.
o Why should tho case of Dr. Briggs bo
made no prominent and pushed to tbo
0 front as tho most important ecclesiastical
discussion of tho closing decauo
of tho ninotoonth century? Tlioy say
that it is a case of vital importance.
He, tho spoalcor, thought tlioy exaggerated
its Importance, and bo had always
" thought so.
0 At 11:25 Dr. Briggs yielded for a mo0
tlon to adjourn.
u Tho moderator statod tliut tho comu
mltteo upon closing tho World's Fair
0 on Sunday would visit Attornoy Gen*
' oral Olney in tho noon rocois.
1 At tho opening of tho uftornoon sossion
of tho gonoral assembly Dr. CJruig
'j stated that a connnlttoo appointed to
? visit Attornoy General Olney had dotio
. so during tho noon recess, and bad to
I roport:
That tho committee woro most colitis
tnouoly received by tho attornoy gener,
al, who assurod the commlttoo that
p himself and tho district attornoy of ChiI,
cage, who was in this city, woro watching
the Sunday opening mutter with
J, the groateat euro in ordor to soo to it
,r that tho United States laws should ho
0 strictly unforced regarding tlio closing
j of the fair gates on Sunday, and ho do,(
sirod the coinmlften to say to tlio nsr
sotnblv that tho government would take
I, proper tnouauros for tho protoctlon of
y Its rights,
Tho announcement was recolvud with
a round of applause.
0 Dr. llrlgga then resumed nnd npoko
? oxleniporancously until the end of Ills
address. llo called tlio attention of the
1 nxHoinhly to tho stars at tlio bottom of
> pace it In tho brief of lilt prmocutor.
They woro not stars of glory, ho snlil.
It but stars of shame, for tlioy indicated
I, nu omission which should not huvo
a been made. What right had llioso ap,1
pellailts to omit such matters an tlioy
,j pleasod from an official or aemi-oflleial
0 document' Dr. Briggs osked this i|itost
tlon with some feeling, as if ho folt that
j an atloinpt had boon made tostronutlieu
tlio cine of his opponents by omitting
something In lila tioliulf.
lie wished, lie said, to tnuko an oxillicit
denial til tlio charge that lie hud
) preached doctrlnoi uguiust tho fulidao
mental doctrines of the church. "1
o ulllrm that I bollovo," ho laid, turning
with out-strotehod hands to tlio audiouco,
"ihu Holy Scriptural to bo tho
Word of God.1'
Ho nlfirmod his faith honestly und
uprightly every tlireo years in making
tho roallirinir.ion of fnitli which was
roquirud of him by the Union Theological
Seminary. lie ailirniod that ho
hold to tho whole doctrine taught ill
tho lir.it chuptor of tho Westminster
Confession. Anything lie might havo
said that might conflict with those
statements was duo 10 misinterpretations,
but he chargod no one with misunderstanding
him wilfully.
Dr. Uriggs closod with an appeal,
touched with a suggestion of pathos,
thattlio caso miyht go to tho synod of
New York. If that woro done ho would
aid in thu full solution of the c#au, and
then if it woro sout back to tho next
general assembly ho would abido by its
ilnniainn vvhiit.nvriir it mlirlit hu
An hp tonic liia Boat a wuvo of applauao
run over tho roar of tho church, which
evoked an indigaaut rebuke from tlio
Aftor an interval of Uvo minutea Col.
J. J. McCook began tho closing argument
for tho prosecuting committeo in
support of tho rucomuiondatiou that
tho appeal bn entertained. Almost at
tho opening Dr. lirigga intorruptoil Col.
McCook, to corroct what ho claimed
wiia it miatnko mado by tho latter, wiion
ho said that tho nppollo (UriRija) had
stated that tho appeal was not taken
in tluio.
l)r. Brigga?I did not ?ay that. 1
admit thut tho appeal was taken iu
Col. .McCook?That la perfectly satisfactory.
Tho matter was of "trifling
moment in any event, uud la particularly
go in viow of tho admission just
made. .
A fow minutes after, quoting from a
lottor written by Dr. llrig>:a to l)r. Uirch,
in which hodocliuod to meet the prosecuting
committeo boforo any proceeding
woro had uudor thoir appointment,
I)r. Uriggs arose and said: "May 1 auk a
Colonol MoCook?You may interrupt
mo as ofton as you pleaso.
Moderator Craig?Dr. iiriggs, I allow ed
you to BDoak four and a half liours
without interruption?
Dr. llriirgs?I wanted to correct a
Moderator Craig?Colonol McOook
heard you throughout without objection,*
although he might have challenged
many of your statoments. Now
let hliu go on in the same way. That is
tho only fair and propur way.
Dr. Briggs?It is understood, thon,
that I do not uonaent to the incorporation
of any misstatement?
Modorator Craig?Certainly. And
do not suppose that Colonel McCook
gave his assent to a acore of things you
said, but liu boro thorn well. Cuiouol
McCook will procoed.
Spoakinjj of Dr. Briggs' claim that the
matter appealed from by tho prosecutiug
committee was not a final judgment
of the presbytery, Colonel McOook
said: "If that bo so, than Prof.
Briggs lias not boon acquitted of the
ehargo brought against him."
The history of tho caao in Its various
stagoa was rocitod by Colonel McCook,
and tho regularity of tho several steps
unuiy maintained*
Colonol MoCook said: "Groat weight
nan boon given to a tochnical question
raised in tho interest of tho appello,
and of dolay based upon a clauso contained
in the liftli amendment to tho
constitution of tho Unitod Statoa, which
18 ua follows: 'Nor Hliall any
poraou bo subjoct for tho sauio oflbnso
f? *^C(! put in jeopardy of lifo or
limb. It has boon claimed that this
constitutional provision provonts an
appeal from tho final judgment of
tho prosbytory of Now York in this
caso, and that such an appeal
would place tho appellee's occlosiaatical
lifo in jeopardy a second time. This
somewhat ingenious but Inappropriate
uso of tho term ecclesiastical lifo seems
to nave confueod tho minds of somo as
to tho character of proceedings under
tho book of disciplino, "Thoao are not
criminal proceedings involving peril to
tho lifo or limb of tho appolloo. Thoy
aro procoodings to enforce a contract,
or rather to dotermiuo whether tho
contract has been maintained in all its
intogrity. If it should bo shown that
tho appolloo has not maintained the
contract in all its intogrity, tho loss of
liia ecclesiastical lifo would moan simplv
tho loss of tho bonolits which ho at one
tiino enjoyed undor tho contract which
he had broken.
Iu conclusion Oolonol McCook said
thero woro spooial reasons why this uppeal
should bo rccoived by tho asaombly
without having first been taken
to tho synod of Now York.
1. Tho aupoal rotates to doctrines
which aroabsolutoly fundaiuontal to our
2. Tho caso is fully rlpofor final judirinontby
this assembly.
8. It is imporativoly nocossary that a
final dooision in this caso bo reachod at
tho oarlieat poaslbiu date. This Is rouuisito
alilco for tho purity and peace and
tho prosperity and usofulnoas of tho
I 4. This caso involvod tho legal construction
of tho ordination vow of ovory
I minister, older and doacon in our
church; it involves what thoy boliovo
and loach an tho faith of tho church
uudor tho tonus of that vow.
| 5. Groat and widosproad injury is
certaiu to oomo from protracted delay.
Tho Lutheran 8jrnoil,
| Canton, 0., May SH.-Tho Luthoran
dologatos got down to businoss at 0
0 clock this morning and after devotional
oxorclsol tho mooting waa organised
and crodontials of dologatos received.
1 hero will bo throo sessions a day during
tho. on tiro convontion. Tho dava
Will bo devoid cxclnsi voly to business
and tho evenings to anniversary colourations
of various church boards.
Ill is ovoning tho annlvorsary of tho
mi i (?., ?Moti wan coiobratod.
I ho oloction of ofllcors resulted as fol?
lows: 1'roal.Jont. liov. Dr. 0. 8. Alhort,
of Baltimore), M.J.; socrotary, W. a
1- roam, of York, IV i treasurer, Loul,
Mofins.of Oinclnnati. Sunday closing
o( tli? World'. Fair was glvon a llttlo
hitch and wont to tho coramlttoo on
yftit(Hi iVciltytrrlnnn,
MoauntiTii, Ii.i,!..May 2J-Rav. James
Bruco, D. ?? of Andes, N, Y? was this
morning oloctod modorator ol tho tJftlied
1 rosbytorlau gonoral assembly.
I ho reports of the several boards of the
SR . ifff0 t,P0B?nt?d nnd rcforred.
riie statistics presented showed a total
o 02 proibytorlM with N00 ministers,'
IUj conjugations, 11),lilt com municants
and contributions during tha past
y""r 10 *'.^00.000. an average
of $14 07 por member.
Arrlvos ia New York and ia Royally
As Sho Calls thu National Capital.
Mayor Gilroy, tho llig Taiumany
Chief, Does the llouors Without
Making Any Mistakes?Tho Inlanta
Makes u Muoh Shorter and Less
Cordial Speech to tho Now York
Snobs Than Sho l)id to the Treasury
Girls in Washington?Well i'leasod
With llor Troatment Thus Far.
Nkw York, May 25.?Tho Spanish
princess Knlalie and Iter euito urrivod
horo at 3:110 this ufternoon from
Washington. When tbo infanta's party
and tho members of the committee had
boardod tbo Slocum at Jersey City, tho
Spanish warship, Inlanta Isabel, that
Una anchored norm ot tho pior oany in
tho day, beaan tiring a general salute of
twenty-one guns, nt thosamotiino manning
hor ^ariia uad parading murines
on the quartor deck.
The biocura party loft the pior, and
tlio cntiro party took soati ou ttio forward
dock, the prinuesd cloau by tlio
starboard rail, with Wbiteluw Held and
Joseph J. ODonohue on eithor bide.
During the sail up the river the party
received an ovation, salutes boing exchanged
with hundreds of river craft.
The Slocum continuod on to Fiftieth
street, where she turned and passed
rounu the Italian warship Kribanuu.
As tho Slocum lurnod, tho guua of the
Miantonouiab, lying a mile further up,
llrod a welcome. The Slocum continued
down tho river to Thirty-fourth
street, whore a landing wan made. Then
tho party, houded uy the mounted
bund, inarched along Thirty-fourth
street to Fifth aveuuo and to tho Hotel
Along tho entiro routo the prhiceas
recoivod a most enthusiastic reception,
which alio gracefully acknowledged,
Tho Btroota woro lined with pooplo and
from tlio windowa of uiiuiy of tho
liousoa tho bpauiah and American Hugs
woro flying.
Mayor Ollroy and Goorso B. McClellan,
president of tbo board of aldormen,
waited at tho entrance to receivo
tho city's guost. As tho carriage
stopped Gon. l'ortor introduced Mayor
Gilroy to tho iufantaand tho mayor introduced
Mr. McClolluu aa the "president
of tbo municipal council."
1'ben tbo mayor ollored tho princoss
hia right arm and led tbo way up tho
stops and through tbo ball to tbo elevator
followed by tbo priuco and Mr.
McClollan. Tho carpet laid down
boneatb tho canopy was strewn with
lilacs, poonios, rosea and caruutloiiB
and tho moment tbo lust of
tbo party had crossed it tbo
crowd grubbed every patul of brokon
Uowers that tho gracious lady bad
crushod bonontb Tier prottv shoos.
WI1011 the party had reached tbo rocop
tion room Mayor Oilroy aUviincou to
the infantn anil her husband und oxtondod
to thorn a worm welcome.
The princubs replied very quietly and
witli it murkod accent: "I am very
pleased at the graciousnoss of- the reception
and can ilnd nothing to say except
to thank you."
A few of the commlttoo of one hundred
wore then presented, General Varnum
giving the iiiuiioh to Commander
Davis, who repeated them to tho Infanta
and her husband. Only threo
Indies wore prosontod, thoy being Mm.
Oilroy, Mrs. Dugrow and Mrs. Martin
Tho infanta oxpreseod horsolf as
?i ,t \v
cuiiuiiuu Him uuumnui ??uaiuugi-uu
and lior treatment thus far in America.
Tho party tlion wont to their upurtmentB.
Fomul I>on(l.
Sjxcial DUpatch to Ihe Jntelltuenocr.
IIuntinoton', W. Va., May 25.?Som'o
mon on tlioir way to work to-day at
iiradrick, Ohio, a small place opposite
this city, found tho dead body of Willlam
l'lykon, sr., lying in a ditch by the
sidoof tho road noar his homo, lie
disappeared last ovoning and his family
had been hunting tho county for hiui,
ag ho was slightly demontod. IIo was
sovunty years of age. Heart diseuse, it
is supposed, caused his death.
Tho woddlngof the duko of York and
Princoss May of Tcck has boon iixod for
July 0.
Cyclones did considerable damago in
oastern Kansas and wostorn Missouri
lust night.
Gon. 14. W. Kirkham, aged sovontytwo,
tho woll known capitalist of California,
diod yestorday. Ho was born ut
Springllold, Mais.
Six highwaymen hold up a Missouri
Pacific train nour Pacific, Mo., and
robbed tho oxpreis car of $5,000. The
paBSongorn wore not molestod.
In tho Royal Thames club rogatta
yestorday tho prlnco of Wales cutter
lirittunia won tho raco ovor Lord Dunravon's
now yacht Yalkyrio and othur
famous racors.
Tho questloti ol roduoing tho slzo of
tho Sunday paper, or of still further increasing
it, dm tho chief topic discussed
yesterday by tlifl Amoricuu Publishers''Association.
Tho l'roildont has commuted to imprisonment
for tile tho donth sontouco
ot Edward Pickens, a lull blooded
Chickasaw Indian, who win convicted
of murder In tho district ol Kansas.
Moses G. Partner, of lloston, tho
wldoly known olcctricliin, dloil In Chicago
yesterday, llo was for many
years tho professor of electricity at tho
United Htules naval torpedo station,
Nowport, It I.
Professor Harrington, chief ol tlio
weather buroati, denounces the report
ol Assistant Attornoy Ootieral Colby,
who investigated the charges ngnliist
him, as maliciously (also, and ntiponls to
I'rojldnnt Cleveland for a fair hearing.
President Cleveland lias approved the
deeds of the Choctaw and Chickasaw
nations lar their right unit title to tho
"Leased Landi," in tho Indian territory,
formerly occuplod by tho Choyonuo'
autl Arapahoe Indians, but now
constituting u portion n( Oklahoma territory,
for which the Slim ol (2,081,4t0
was appropriated. President Harrison
docllnsd to upprovo tho deeds tukmlltod
for the roloaso of tho lands.
Ami tlid Deputies ttwuru lu?Judge Jackkou
Ueiilen Ul? liituutlon lu lienigu?A
IXigU Compliment lu the Uopublleuu OfHeinle.
bj,trial DU)MUh to Vie hitclilocnzsr.
Ciubibston, \V. Va., May 25.?Wbsn
tho United Status court opened to-day
Marshal II. & White presented the
commission of his luocessor, lion. 8. B,
Vinson, of Coredo, and asked that ho
be aworn in. He tendered to tho court
und its officers his sincere thanks for
thu uniform courtesy uud assistance
tliut bud boon ills during bis term of
office. Mr. Vinson tbou qualilled, with
Ilia doputioB, Hon. A. D. Garden, of
Wheellug; Chief li. U Prlddy, of-lluntiuKton;
Juuiud Meighon und G. Btout, jf
l'urkorsburg; L.F. Viuson, of B?tboi?,ivillo;
John F. l.ittlopugo, ol Charleston;
L. 11. Vinson, of wuyno C. 11.: M.
F. Dumron, of Dunlow, und Molvin
llail, of Madison. All usaumed tlieir
duiiea to-day.
On this occasion Judge Jackson spoko
of the many changes that had tukou
placo during thu voars that bo iiud
surved us United States distriot Jndga
und said they suggested tiiut tbo time
miglit not be fardistunt when be would,
in tho natural course of events, bo callud
from the position he now occupies,
but ho stated euiphatiuaily that nothing
was furthor from hlu ideas at tho
present tlmo than rosigniug his position.
Froui ills remarks, it seems at
present that it may be aomo time beforo
lion. J. IS. Chilton will bo callod upon
to till Senator Faulkner's soat, if bo
waits for tho resignation of Judge Jackson
to uiuke a vacancy. Tho judge paid
11 high complimont to tho retiring Marshal,
Hon. 11. t>. White, and deputies,
and hopod that tho mutuul rotations botwoonthonow
odlcials would ho us piousant
ua thoy had been with tho old.
The Phd'iil* Powder t'otupuiiy Will Ilavo
to Movo UnloHM tlio Hupruiuu Court Dovliluti
Spreial Dispatch to Hit Intelllaencsr
Huntington, \V. Va., Slay, 25.?At
Wayno C. IL this afternoon, Judgo
Guthrio decidod in tlio cuao of tlio
Huntington and Kenova Land Dovelopmont
company va. tho Phtonix Fowdor
Manufacturing company to onjoin tlio
dofoiidant from oporating its factory
flvu iniloi bulow liuro, which adjoins
tlio lands of tbo pluintilT, and wlioro
frequent nxplosloai liavo materially
auaiatod in docroaslng valuoa. The
fight in tlio courts haa boon very bitter.
The court hold in fuvor of tho land
company. Tho powdor factory will
have to coaso oporationa but baa been
granted fortv daya in which to tako tbo
caio up to tlio court of appoalt, which
tboy will do.
Fourth.CIumh l'oitnmaU'ra.
Spccial Dispatch to the Intelligencer.
Washington, D. C., Slay 25.?I'ostmaatora
appointod: liarbouraville,
f<?un vii rt T
V-UUV-ll tuilil njr. H, IV. i'UlllMIUU, tivu u>
W. Church resigned; C'okeleys, Wlchlo
county, W. Ii, Morris, vico Jacob Cokeley
reKi^nnd' Gandoovillo, Itoano county,
T, N. Wilson vice L. A. Boder rohitrnod;
I'ocn, Putnam county, Mrc. M.
Ill Leonard, vico 0. S. Abbott romovod;
Itavon Hock, Pleasant county, 0. P.
liarltor,vico U. M. Williamson removed;
Btatto Mills, Jackson county, 13. F.
Windlo, vico Enoch Statts removed;
Talcott feuinmorj county, E. T. Houston,
vico K. P. Rowland romovodj
Union. Monroo county, Allen Caporton,
vico 0. M. Honakor romovod.
Member* llotlcont About ltocont Occur'
ronop??A Public Statement.
Peoiua, III., May 25.?The mooting
of tho directors oi tho Distilling and
Cattle Feeding Company adjourned
this ovoning. President Greonbut and
all tho members aro ospccially reticent
about what transpired. Mr. Groonhut
gnvo tbo following notico Jlor publication:
First?Tliat tho company owns and
operates all Its distilleries and that no
person or persons liavo tho powor to
"withdraw" any ono of thorn.
Second?That tho company is in
actual possession of all its property,
nor Is any of it in tliO' possession of any
parties except as managers omployod
by tho company.
Third?That tho company Is not In
default for rental in any cuso under tho
terms of tlie loaso.
MlnUtor to Notliorlundi.
Washington, D. 0., May 25.?Tho
President to-day appolntod Wm. Ji.
Quiuby, of Michigan, to bo envoy extraordinary
and minister plenipotentiary
of the United Btatos to the Motherlands.
William E. Qulmby, of Detroit, who
was to-day appointed minister to tho
Netherlands, is tho oditor-in-cblof and
principal proprietor of tho Detroit J'Wt
Pr ?.<, with which he has boon connected
for thirty-thruo years. lie Is a
nativo of Maine and about flfty-soven
yoars old. Mr. Qulnby has always boon
aa earnest Domoerat, but has novor
boon in nctive iiolltlca life, having
always doclinod tbo uso of his name for
public offico.
Ili'tmlK In "Jullim Glosar*"
Tho Cumberland JVrtM, speaking of
Mr. Frank llonnig'i appoarunce tlioro
last week, says:
The play selected was Shakespeare's
sublime tragedy, "Julius Ciuiar, with
Mr. Uonnig in his favorite role of Mure
Antoiiu. The occasion resulted, as might
have been oxpuctoii, a success from tho
rlsa to tho lltial fall of the curtain. Tho
Mure Antony of Mr. lloiinig is a study of
tho emotions and whore, in tho funoral
oorinoii over tho dend Cminr, be Inspires
tho tnultltudo into revolt against
tho murderers of Ills friend, tho climax
is most skillfully readied and botrnys
tho actor ttint only mituro can produce.
Of the support It can bo suld that it
was everything doslrable.
Mr. llomilg will bo at tho Opora
Homo on Tuesday evening, May 110, In
"Julius Cieiaf," und ho will no doubt
be grootod heartily by a largo audlonco.
A llorse linen Vesierdny.
Yesterday afternoon Charlas Kllg'i
and I/iuls' Frobo's nngj ran a raco on
tho State Fair grounds course, In pretence
of quite n crowd ol spectators. It
wm for a purse of i-'o a side, best two
hems lu three. Frobo won In tho first
two heats. Kilg fired Ills driver after
the first beat and drevu his own hor.e,
but did not ehango tho rosult. It was
go ni you please.
Ilirolta breakfast llromo-Noltm 8
Acti at a bracer?trial bottlo 10 cti.
The Action of tbe National Commission
Still Stands.
Will IIuvo a Word or Two to 8*jr and
tlio Law Panned By Congress Must
Bo Obeyed?So Nobody Known, at
tlio Preuont Wrltlug, Wbetbor (be
World'a l'ulr Will Bo Kept Opun ou
Kniwlnv ?i> Knf A Illll t\f Tnlnnntlnn
Will Bo Served To-duy or To-morrow?Qon.
St. Clair, of Wwt Virginia,
Iiouils tlio Huuduy OpoiilUfc
TU Auoelalal Prtu Ditty IforM'j fair Situlal.
CwoAao, May 28.?There was it llvoly
debate over tlio buuday opening question
at tile mooting of the national
World'a Fair commissioners 'to-day.
The matter wtw brought up by Oamrnis- ,
eioner Hundley, of Alabama. When
tho order of unfinished business was
reached, ho raised tlio point that tho
majority report of the judioiary committee
011 tho directory resolution to
revoke tlio rules closing tho gates of the
fair on Kunday wus properly bofore the
commission. He hold that the minority
report, which was, on Tuesday, substituted
for the majority report, was
not udoptod, and as a consequence the
majority roport must bo acted upon.
ljalf a dozen or more commissioners
were at ouce oa their feot demanding
recognition by tbo chairman. Commissioner
St. Olair, the leader of the
Sunday opening (action, linally got the
tloor and declared that thecoratniiuou
had Anally disposed of the matter, and
to bring the majority report up would
be wholly out of ordor. The substitution
of the minority for the majority
report placod it (the majority report)
beyond the roach of the commission.
Whoa the commission failed to adopt
the minority roport, which called for a
modification of tiio directory rosoiutiou.
It had dlspoiod of the question, and as
a consequence the action of the directory
in revolting the rulo forbidding
the gates to bo oponod on Sunday must
Mr. Hundley and his supporters violently
opposed this viow of tho subject.
Chairman Do Young finally decided
that Commissioner Hundley was wrong
and that tlie'directory resolution must
A Washington dispatch says that
Attorney Gonoral Olney has officially
stated that he lias given Instructions to
the district attornoy to take legal measures
to provent tiio law of congress
from being violated.
United States District Attorney Mil
ohrist, following a conference with
Attorney Uonural Olney in Washington,
has sent a lengthy telegram of instructions
to Assistant District Attorney
Hand in Chicago. That official lias
already begun the work of drawing up
u bill for injunction restraining the
World's Fair officials from opening the
fuir gatos on Sunday. The application
for injunction will* be Hied In tho
United States district court na aoon as
completed, which will bo Friday or
Director of Works Uurnham this
evoning issued an official order to the
olToctthat tho gates of tho World1! Fair
shall bo opoiied noxt Sunday.
The order was burlod in a mass of
othor announcements. It nays: "Tho
park will also bo opened to tho publla
Sunday next, May 28, until 11 p. in.,
tho building! closing at 10 p. m."
At present it is tiio intention to ahut
down ail tho machinery not absolutely
required for tho oporation ot tho exposition
It had not boon docidod to-night
whethor or not religious sorvicea will
bo held in lustival and music hall) aa
has been proposed.
It It Undo of Chocoluto?The Ccrt'inonles
Followed l>y ItnrreiihuioiiU.
World's Fair Grounds, May 36.?Tho
utatuo of "Germuniu" ill tho agrloulturul
hull was unveiled in tho proaenco of
a largo crowd of people this morning by
Imperial Commissioner Wermuth. It
is ono of tho marvels of tho Gorman agricultural
exhibit iind la chiioiod out of
a huge block of chocolato. It ia oioven
foot high and is a reproduction of the
famous Niodorwnld mouumont. In the
statue uro 2,000 pounds of chocolate.
Commissioner Woruiuth uuveiled tho
statue wliilu tho guard du corps cavalry
band of the Gorman village furniahod
music. Whan tbo ceremonloa wero all
ovor the Invited guoita formed a procession,
the band in tho lead, and
marched down to tho Gorman villago
on Midway l'laisanco, whore lunch m
sorvod und honors dono to the liquid
products of tho Kliino and the malt extracts
from liavaria.
Next Monday the whoola In the German
soctlon of machinory hall will bo
set iu motion for the first time.
Tho Aimtiinn Exhibit,
World's Kami Grounds, May 25.?Tho
Austrian section of tho lino art building
was opened by CommlsaloDor Hani
Temple to-day. Tho aoetlon include!
three largo room-, in which aro hung
paintings from tho royal gailerloi of
Austria and from prlvato collodions by
famous Austrian mlniaters.
Well Known Merchant Assigns.
iiminl Ubpatch lu Ilit lnltUlinnctr.
Fairmont, W. Va., May 25.?A. "I*
llofliior, tho Uarnoy atreot dry goods
morcliant, mado an assignment last
ovonlng for tho bonullt of ula creditors
to 11.1'. Swisher and M, J. Lantt. Much
sympathy ia oxprossod for Mr. IIofTuer
in his ombarraHsmunt, and hopna aro
onturtalnod that ho will pull through.
Htrntiiftht|v Arrlvnl*.
ItosTos, May 25.?Arrived?Kaniai,
Loyuo.v, May 25.?Slglitod?August*
Victoria, New York) Sagmoro, Uoaton.
Grnoa, Ma* 25.? Arrived ?Kaisor
Wilhoini II, Now York.
New York, May 25.?Arrived?AlUr,
^ i Wriillier
Foroouat for To.ilAp,
For Won Virginia and Weitorti PonniylmU
(ulr. nllKliily roolufi nulhtmt Wllidn,
For Ohio, fulr, followed l>jr >huwoti to ok*
trouio wont;eoolof, noutb, vnrUblo wiufli.
M fi?ri?i-h*lby o. scitsnrr. 'IrnxjUc, ooraw
Mnrkut una Kuuriwinth utrom
7 ?. M lip. m N
tt'aSSZi'X Si I '^cSlisMhnt"" W

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