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The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, January 06, 1892, Image 1

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ONE WORD CENT THE SALT LAKE HERALD ONLY OHE CErT PER WORD ASA IK THE HERALD
FOR WANT ADS JN THE HERALD JsL JA g
TWENTYSECOTD YEA 3STO 84 SALT LAKE CITY UTAH WEDNESDAY JANUARY 6 1892 PRICE FIE CENTS
HE WHO HUES MAY READ
I
LOC
PAGE
Briefs 8
Personals n 8
0 0
Sporting Splinters f
Death 01 Fred Culmer 0 un 8
In Criminal Circesnn 5
Trials With the s > moke Consumer 6
The East has Her Eye Upon Salt Lake 6
Courts The Eureka Townsitc Dispute
Court Isotes B
Politics The Central Democratic Club
Llects Officers and Prepares for the Cele
bration Jackson Day The Young Mens
Democratic Club trill Hold a meeting at
221 South Fifth West Today 00 8
The City Council Holds a Routine Meeting
Relieved only by Several Modest Claims
Filed by exPolicemen The Naturrl Gas
Ordinance Is Revisal Increasingthe Maxi
1 tho
mum Price to 40 Cents and Extending
Time for Laying Pipe 8 i
Entertainments Mr Potter of 1 I exas
Tabernacle Concert Wonderland
nevolent society ReceptionSt Pauls
uuild The Caledonian Society Y M C
A Debating club 6
EDITORIAL PAGE 4
Articles and Paragraphs
Chestnut Hulls
Lead and silver Quotations
Weather Predictions
MISCELLANEOUS
Railroads APlea for Them in Rich Vale 8
Managers to Fix Utah Ore Ratesu 6
The Markets by Telegraph 3
Ninesu 00 6
UTAH SEWS PAGE 3
Ogden Provo and Spring City
CO RRESPON DEKCE
Boise City A Second Daniel Has Risen in
Ciy
S
Judgelsugents 00
1 usentsu c Blames Sorry Bluff
nnd Breakdown and its Reasons u 6
Question Has a Citizen Who Pays School
r1 axes tbe Right to Speak and Vote in a
Precinct He Does Not Live I Though He
Live in the District 3
TELEGRAPH PAGES 1 AND 2
Beginning with the Bill for SelfGovernment
1 Utah Introduced in Congress Yesterday
A Horrible Case of Buried Alive I
Special to THE HERALD Examiner Cable
ST PETERSBURG Jan 5 Intelligence i
reached hero today of a fearful accident
I
that occurred at Proschovitsaks a via o
in Russian Poland It appears that a phy
sician who had been practicing at that
place recently became ill and to all appear
ances died The body was prepared for I
burial and followed by a number of
mourners was conveyed to the village
cemetery where it was interred A few
hours after the mourners had departed
from the cemetery some mon who were
engaged about the grounds were startled
by hearing a succession of tho most un
earthly shrieks which to all appearance
came from tho newly fled grave At first
the men fled in consternation but in a short
time their courage returned and they de
cided to investigate the matter Shovels
were procured and the earth was
hastily removed from the grave and
the coffin lifted out Upon opening the
coffin it was found that the
doctor had been alive when he was buried
but that he had subsequently died from
suffocation The body gave evidence of
the terrible agony endured by the physi
cian when he recovered consciousness and
found himself in his coffin He had made
almost superhuman efforts to burst off the
coffin lid but the weight of the earth pre
vented this and then frantic with the hor
ror of his condition the imprisoned man
had bitten his lingers to the bone Ho had
turned on his side and in the agonies of
suffocation had beaten his forehead against
the coffin until his head was terribly
brused The affair has caused the greatest
horror in Proschovitsaks
Maher and Madden
Special to THE HERALD Examiner Dispatch 1
NEW YORK Jan 5Peter Maher the
Irish champion called at the Police Gazette
office today with Billy Madden his backer
He agrees to fight Corbett in the California
club for the purse they offer Madden has
offered to wager 1000 that Maher can
knock Mitchell out in six rounds
Will Maher fight Choyinski for the
6OlX purse offered by the Olympic club of
New Orleans Billy Madden was askeJ
No replied Madden Maher wants
to fight the man who licked Choyinski I
Maher beat Choyinski everybody would
say Choyinski was only a second class man
e cant waste our time with second class
men One of that grade would only be a
breakfast for Peter We are after the tip
top purses
Sage Pays Drneelst OConnell
JSpeclalto THE HERALD Examiner Dispatch I
NEW YORK Jan 5 Russell Sage yester
day attended a meeting of several railroads I
of which he is a director Afterwards I
while in his office he sent for Druggist
OConuell in whoso store he was taken
OConnell
and given treatment after Frank Norcross
attempt to blow him Into eternity The
millionaire shook the druggists hand j
and then said that he had seen a
statement wherein Mr OConnell had
estimated that heaves out of pocket about
515 in the way of medicine etc used at the
time of the explosion Mr OConnell said
that 15 was about right Mr sage put his
Hand into his trolls rs pocket and brought
up a 10 and a 5 gold piece that he bad
earned at the directors meeting during the I
morning He handed the coins over to
Mr OOonnell who accepted them with
thanks After an hours pleasant talk the
druggist departed with his 15 in gold
which he intends to keep as long as he
lives It is said Mr Sage will be asked to pay
several bills of greater or lesser amounts
which will be presented by sufferers in one
way or another from the explosion O B I
Potter it is said will try to hold Mr Sage
liable for all the damage to the building
The newsdealers in tho hallway of the
arcade and the man who runs the soda
water fountain at the entrance of the build
ing sustained will it is said send in bills for losses
A Case Where Marriage Was a Failure
Special to THE HERALD Examiner Dispatch
MILWAUKEE Wis Jan Sylvester
Silvernail a wealthy resident of Wauke
aba who on December 17 at the age of
seventytwo made a matrimonial contract
is now satisfied that marriage is a failure
Bis young and pretty wife broke the con
tract today by leaving him Young Mrs
Silvernail her maiden name was Flora
Stolker is the daughter of a welltodo I
farmer of Walworth county and is only
nineteen years of age Although her mar I
riage created a sensation in Milwaukee
less than a month ago her desertion of her I
husband caused a bigger one today At
the time of tbe marriage it was reported I
that Mr Silvernail gave his bride flOOtO in j
cash and a house and lot in consideration
of her consenting to remain Mrs Silvornail i
But this he now denies Mrs Silvernail I
left for home at 8 oclock this morning and
took all of her effects with her Before
she left her husband Mrs Silvernail
called in his neighbor Thomas Ryall a
wellknown merchant and in tbe presence
of Mr Ryall asked Mrs Silvernail to re
main and promised to treat her well She
replied that she would not have thought of
going i be had treated her well but in I
sisted that she had been abused Since
the wedding Mr Silvernail has purchased
bis wife an organ and to the outside
world ho has apparently been trying to
please her Mr Silvernail is reputed to be
worth about 5100000
Dropped Dead While Beating His Team
BUTTE Mont Jan 5Speclal telegram
to THE HERALD J While beating his horses
with a shovel this afternoon L C Clark
a teamster engaged in hauling ore from
the Black Rock mine to the Moulton milL
J dropped dead mi
HOME RULE I
I I
Congress is Asked to
Grant it to Utah
BILLS TO THAT END
I
Introduced < by Messrs Faulkner
and Caine
TWICE READ AND THEN REFERRED
They Provide for the Election by the People
of all Territorial Officers Including
Governor and Judges
WASHINGTON Jan 5rSpecial telegram
to TiE HEKALDJ Tho following measure
was formulated by the Democratic Terri
torial Central committee of Utah and for
warded to Delegate Caine by whom it was
today presented in the House It was I
also offered in the Senate by Senator
Faulkner of West Virginia I was read
twice and referred to the committee on ter
ritories in each house
AN ACT FOR THE LOCAL GOVERNMENT OF
UTAH TERRITORY AND TO PROVIDE FOR THE
ELECTION OF CERTAIN OFFICERS IN SAID
TERRITORY
Be it enacted by the Senate and House of Rep
resentatives of the United States of America
In Congress assembled
Section 1 On Tuesday after the first
Monday in November 1S92 and biennially
thereafter an election shall be held in the
territory of Utah in the several election
precincts thereof At said election the
following officers shall be elected towit
One delegate to Congress from the territory
tory at large one governor one lieutenant
I governor one secretary one auditor one
treasurer one attorneygeneral and one
superintendent of public instruction for
the territory at large three judges
of the supreme court of said terri
tory from the territory at large and
seven judges of the district courts one to
be elected in and bo a resident of each of
the seven districts hereinafter provided
and seven district attorneys one to be
elected in and be a resident of each of the
seven districts as hereinafter provided
and one probate judge one county re
corder one county clerk who shall be ex
officio clerk of the district court while sit
I ting in his county and of the probate court
one sheriff one assessor and collector one
treasurer three selectmen and one super
intendent of schools and one surveyor and
one coroner for each county in said territory
tory one constable and one justice of tie
peace in each election precinct in said
territory
See 2 The officers elected at such elec
tion shall qualify and enter upon the duties
of their respective offices on the 1st day of
January 1893 and the term of office of the I
present incumbents of each and all of said
offices which are now elective or appoint
ive shall expire on that day and no sooner
And said officers so elected shall hold their
offices for two years and until their suc
cessors are elected and qualified
Sec 3 There shall also be elected at
said election twelve members of the legis
lative council and twentyfour members of 1
the legislative assembly to be apportioned
to ana elected from the several districts as
now provided by the board of commis
sioners known as the Utah commission in
said territory But the representatives in
the legislature may be reapportioned by
the legislature elected as herein provided
See 4 The legislature so called shall
meet upon the first Monday in January
1893
1893Sec 5 The salary of the several officer
elected as herein provided shall be as fol
lows The governor M000 per annum
the lieutenantgovernor 2000 per annum
the secretary 3000 per annum treasurer
2000 per annum attorneygeneral
3000 per annum the superintendent of
public instruction 2500 per annum the
judges ot the supreme court each 5400
per annum the judges of the district courts
each 3500 per annum the district attor
neys each 2500 per annum All to I
be paid out of the territorial treasury i
of said territory The members of the
legislature shall each receive SO per day
I for a term not exceeding sixty days I any
two years and 25 cents per mile for each
I
I mile necessary to be traveled in going from
their respective places of residences to the
II capital of said territory to be paid out of
the territorial treasury The salaries
except the compensation of the
members of the legislaturemay changed
by the legislature but such change shall
not take effect until after the next regular
election
See G The executive power and au
thority the territory shall be vested in
the governor The governor shall be an
elector of said territory over twentyfiv
years of ago He shall be comnianderin
chief of the militia of the territory He I
may grant reprieves and pardons and I
remit fines and forfeitures for offenses
against the laws of the territory He shall
commission all officers who I
al ofcrs are appointed
under the laws of said territory and shall
take care that the laws thereof be faith
fully executed Every bill which has
passed the legislative assembly of the ter
ritory shall before it becomes a law be
presented to the governor I he approves
it he shall sign i but i not he shall return
it with his objections to tbatbouse in which
it originated and that house shall enter the
objections at largo on its journal and pro
ceed to reconsider it I after such recon
sideration twothirds of that house alee
to pass tho bil it shall be sent together
with the objections to the other house by
which it shall like wise reconsidered and
if approved by two thirds of that house it
shall become a law But in all such cases
I the votes of both houses shall be
determined by yeas and nays and the
names of the persons voting for or against
I the bill shall be entered on the journal of
each house I any bill is not returned by
I the governor within five days Sundays ex
cluded after it is presented him it shall
>
become a law in like manner as i he baa
signed it unless the legislative assembly
by adjournment sine die prevent its return
In which case it shall not be a law
Sec 7 The lieutenant governor shall be
exofficio president of the legislative coun
cil he shall not vote upon any measure
pending before it except when the council
is equally divided He shall perform the
duties of governor in case of the disqualification
cation absence or death of the governor
and in case the lieutenant governor shall
from any cause be absent or disqualified
or shall be engaged in performing the duties
of the governor the president pro tempore
of the legislative council shall perform the I
duties of the lieutenant governor I
See 8 The secretary shall record and
preserve all the laws ana proceedings of
the legislative assembly and all the acts
and proceedings of the governor in the ex
cutivo department Ho shall transmit
one copy of the laws and journals of the
legislative assembly within thirty days
after the end of each session thereof to
the President and two copies of the laws
within like time to the President of the
Senate and the Speaker of the House of
Representatives for the use of Congress
Ho shall transmit one copy of the execu
tive proceedings on the first day of Jan
nary in each year to the President Ho
hall prepare the acts passed by the legis
lative assembly for publication and fur
nish a copy to the public printer of the territory
ritory within ten days after tho passage of
each act He shall be the custodian of tue
territorial seal and shall attach the same
to all writs and commissions issued by the
governor
Sec 9 The auditor shall examine and
audit all public accounts connected with
the pecuniary affairs of the territory and
hall report the same to the governor on or
before the 1st day of November in each
year and oftener if required by the gov
ernor and shall deliver to his successor in
office all books moneys accounts and other
property belonging to the territory so soon
as his successor shall become qualified
He shall draw warrants upon the treasurer
for all claims and demands payable out of
the territorial treasury
Sec 10 The treasurer shall receive all
moneys and other property belonging to
the territory that may be raised by taxa
ion or otherwise and shall keep suitable
books in which he shall enter an account of
his receipts and disbursements to whom
made and on what account The treasurer
shall pay out all moneys that may come into
his hands by virtue of his office upon
drafts or orders countersigned by the
auditor of public accounts and shall annu
ally report to the governor on or before
the first day of December or oftener if re
quired by the governor a full account of
his receipts and disbursements with the
necessary vouchers for the same and shall
deliver to his successor in office all books
moneys accounts and other property belonging
longing to the territory so soon as his suc
cessor shall become qualified
Sec 1 The attorneygeneral shall
prosecute and defend all actions in the
supreme court of the territory to which the
territory or the people thereof or any coun
ty may be parties and shall upon request
give his opinion in writing to any of the
territorial officers or district attorneys up
on any matter touching their public duties
and shall have general supervision of the
conduct district attorneys under the di
rection of the governor to the end that the
laws may be strictly enforced
Sec 12 Tie superintendent of public
instruction shall possess and exercise all
powers and duties now imposed by the
laws of said territory upon tho superin
tendent of schools and also the duties im
posed by Sec 2 of the act entitled An
act to amend an act entitled An act to
amend Sec 5352 of the Revised Statutes
of the United States n which took effect
March 3 1557
Sec 13 The judicial power of the terri
tory of Utah shall be vested in the supreme
court the district courts the probate
courts and in justices of the peace
The supreme court shall consist of
three judges elected as hereinbefore
provided and they shall upon the organiza
tion of the court elect one of their number
chief justice The supreme court shall
have jurisdiction to review upon appeal
any decision of the district courts or the
judges thereof and the supreme court
shall also have original jurisdiction to issue
writs of mandamus certiorari prohibition
and habeas corpus and all writs necessary
and proper to the complete exercise of its
appellate jurisdiction The supreme court
shall also have original jurisdiction to hear
claims against the territory but its decision
sion shall be merely recommendatory and
no process in the nature of execution shall
issue thereon but the judgment shall be
reported to the next session of the legisla
ture for its action The judges of the
supreme court shall elect some suitable
person clerk of said court
Sec 14 The territory shall be divided
into seven judicial districts as follows to
wit The counties of Box Elder Cache
and Rich shall constitute the First dis
trict the counties of Weber Morgan and
Davis shall constitute the Second district
the county of Salt Lake shall constitute the
Third district the counties of Tooelo
Juab Millard and Sanpeto shall constitute
the Fourth district the counties of Sum
mit Wasatch and Uintah shall constitute
the Fifth district the counties of Utah
Emery Grand and San Juan shall const
tute the Sixth district the counties of
Kane Washington Beaver Iron Sovier
Piuto and Garfield shall constitute the
Seventh district and at least one term of
the district coart shall be held in each
county once in each year
Sec 15 The district courts shall have
original jurisdiction in all cases both in law
and in equityand such jurisdiction upon ap
peals from inferior courts and tribunals as
may be conferred by law and shall also
have original jurisdiction to issue writs of
mandate certiorari prohibition and habeas
corpus and all writs necessary for the full
exercise of the jurisdiction hereby con
ferred The county clerk shall be exofficio
I clerk of the district court and the custo
dian of its seal Upon the request of the
judge of any district the judge of another
district may hold the whole or any part of
a term In a district other than his own
and both judges may sit and try causes at
one and the same time and the acts of
I such judge so called in shall be of equal
force as i he were duly elected in said dis
trict and upon tho order of the governor
anv district judge must assist tho judge of
another district to dispose of the busi
ness in such district or to hold the court in
his stead
I See 16 The probate courts shall be
I courts of record and shall have original
jurisdiction in all matters of probate set
tlements of estates of deceased persons
j and the appointment of guardians and other
like matters i also jurisdiction to hear and
determine all causes arising within their
counties wherein the debt or damage
claimed does not exceed S500 exclusive of
interest and concurrent jurisdiction with
justices of the peace in criminal cases
Justices of the peace shall have jurisdiction
ie all civil causes in which the debt or
damages claimed exclusive of interestdoes
not exceed i300j but they shall not have
jurisdiction in any action where the boun
daries or title to any real property shall bo
called in question and they shall have
criminal jurisdiction of such misdemeanors
as may be prescribed by the laws of the
territory
i Sec 17 The legislative power of the
I territory of Utah shall extend to all rieht
ful subjects of legislation not inconsistent
with the constitution and laws of the
consttuton
Jnited States but no law shall be passed
interfering with the primary disposal of
the soil No taxes shall be imposed upon
the property of the United States nor
shall the lands or other property of non
residents be taxed higher than tho lands or
other property of residents
Sec 18 All causes pending in the
supreme court of the territory ol Utah on
the first day of January 1893 arising under
the laws of the territory of Utah both of a
civH and criminal character and all special
proceedings pending in said court arising
under the territorial laws shall pass over
to and be heard and determined by the
supreme court herein provided for and all
causes pending in the said supreme court
of the territory of Utah on the first day in
January 1893 and arising unaer the constitution
titution and laws of the United States
hall be transferred to and heard and
determined by the circuit court of appeals
of the United States for the Eighth circuit
and said court is hereby declared to have
jurisdiction of said causes
Sec 19 All causes pending in the First
district court sitting at Ogden on the first
day in January 1893 shall be heard and determined
termined by the Second district court in
Weber county and all causes pending on
he first day in January 1893 in the First
district court sitting at Provo and arising
under the territorial laws shall be hoard
and determined by the Sixth district court
itting in Utah county and all causes
pending on tho first day in January 1893
before the Second district court and aris
ars
ing under the territorial laws shall be
heard and determined by the Seventh dis
trict court sitting in Beaver county and
all causes pending on the first day in Jan
uary 1893 in the Third district court of
Utah and arising under the territorial
laws shall be heard determined by the
Third district court and all causes pending
in the several district courts of Utah ter
ritory on the first day of January 1893 and
arising under the constitution and laws of
the United States shall be heard and de
termined by a territorial district court
hereinafter created
Sec 20 There is hereby created a terri
tonal district court for the territory of
Utah said court shall have and exercise
tho same jurisdiction in oil cases arising
under the constitution and laws of the
United States as is vested in the circuit
and district courts of the United States
tai court shall hold twoterms in each
year and its place of1 sitting shall be Salt
I Late city in the county of Salt Lake in
said territory There shall be appointed
by the President by and with the advIce
and consent of the Senate a judge of said
district court who shall hold his office for
four years and until his successor is ap
pointed and qualified The judge of said
court shall appoint a clerk of said court
The salary of said district judge shall be
J3500 per annum to be paid in the same
manner as the salaries of other district
court judges of the United States
Sec 21 The board of commissioners
created by the ninth section of the act of
Congress of March 22 1SS2 entitled an
act to amend section 5352 of trio revised
statutes of the United States is hereby
abolished and the duties prescribed by
said section and the acts of Congress
amendatory thereof shall until some other
or different provision is made by the terri
torial legislature be performed by a board
consisting of the governor attorney gen I
eral and the three justices of the supreme
court elected as provided for in this act
This section shall not take effect until the
first day in January 1893
Sec 22 Section four of the act of Con
gress approved June 23 1874 entitled An
act in Relation to Courts and Judicial Offi
cers in the Territory of Utah is hereby
repealed and until some other and differ
ent provision shall bo made by the territo
rial legislature it shall be the duty of the
district judges elected as provided in this
act to appoint in each county three jury
commissioners who shall meet in each
county on the second Monday in January
ot each year and prepare a jury list which
shall contain the names of two hundred
electors of the county duly quali
fled to serve as jurors From
such list the probate jUdge
and county clerk of such county shall at
least ten days prior to the beginning of any
term of tho district court upon order of
the district judge draw the necessary
number of names to constitute a grand or
trial jury or both if so ordered by the
district judge No person shall be com
petent to serve as a juror unless he has
resided in the county for six months next
preceeding and is an elector of the county
and can read and write the English
language I in any county there be less
than two hundred qualified electors then
the jury shall be drawn fro m the whole I
number of electors in the county This
section shall not take effect until January
1 1893
Sec 23 Section 1 of the act of Congress
approved June 23 1574 entitled An Act in
i Relation to Courts and Judicial Officers in
I I the Territory of Utah is repealed All I
process issued by the supreme court of the I
territory of Utah shah be served by the
I servet
I
United btates marshal for said territory
and he shall be paid therefor out of the ter
ritorial treasury the same fees and charges
I that are allowed for like services in cases
I arising under tho constitution and laws of
the United States All process from the
I
district courts of said territory shall be
I served by the sheriff of the county In which
I such process is to be served Or if the
I
sheriff be a party to any suit then process
in such suit shall be served by such person
as the district judge may appoint This
section shall take effect January 1 1893
I Sec 24 1 shall be the duty of the dis
trict attorney elected as heroin provided
to attend upon the district courts in their
respective districts and prosecute or de
fend therein all causes in which the terri
I tory or the people thereof or any county
is a party on behalf of the territory or
people of such county as the case may be
I Sections 2 and 3 of an act of Congress ap
proved June 23 1874 entitled An Act in
1 Relation to Courts and Judicial Officers in
the Territory of Utah I are hereby ra
O
u
pealed This section shall take effect Jan
uary 1 1893
Sec 25 All prisoners in the territorial
penitentiary at Salt Lake city Utah and
in the custody of the United States mar
shal upon the 1st day in January 1S93
serving under sentence of commitment for
violation of territorial laws may there
after be confined in said penitentiary pro
vided a contract agreeable to both parties
be made between the governor of said
territory and the attorneygeneral of the
I United States And all prisoners commit
ted to said penitentiary after that date
may likewise be confined in said peniten
tiary under such contract provided that
the territorial legislature may at any time
provide any other or different place of
confinement for said prisoners or may
make any other or different arrangements
for their sustenance and cenfinement
Sec i6 Tie territorial legislature may I
provide by law for the sale for the benefit
of the public school fund of said territory
of any part or all of sections 10 and 36 of
ho public lands within said territory that
lave not been alienated oy the United I
States and in like manner provide for the
sale and disposition of lands reserved in
said territory for university purposes for
the benefit of a university fund provided
that none of said lands shall be sold for a
less price than 510 per acre
Sec 27 All laws and parts of laws now
in force in conflict with any of the provisIons
Ions in this act are hereby repealed
Dubois Favors It
A bill for tho local government of the
territory of Utah and to provide for the
election of certrin officers in said territory
was introduced by Mr Faulkner of West
Virginia in the Senate today This is the
bill that was formulated some time ago by I
ho Democrats of Utah and provides for
limited local selfgovernment for the territory
ritory
I asked Senator Fred Dubois of Idaho
to give me an expression 01 opinion on the
measure He laughed good naturedly and
said that he would rather not talk for publication
ication until he had carefully examined it
and added I am greatly inclined to favor
it and will be glad to give you my opinion
tomorrow when I shall have read it I
THE BOYD CASE
Boyd is Preparing to Take the
Gubernatorial Chair
He Is Confident the Decision of the Supreme
Court will be In HU Favor Jugde
Maxwell Interviewed I
OMAHA Neb Deo 5 Special telegram
to TUB HERALD Though the supreme 1
court s decision was not announced as an
ticipated Governor Boyd is preparing to I
take the gubernatorial chair as he declares
that his information on the courts decision
is absolutely reliable He does not think
that the judges can discover the leak
i
Judge Maxwell the venerable member of
the state supreme court who sustained
Boyds case when it was before that tri
bunal said today I will confess that I
searched the records very carefully and
did a great deal of work on that case I
went into it with my impressions
rather against my final decision in I
the matter But I examined it
impartially and as I thought thoroughly I
and I could only reach the conclusions
which were submitted in my written r
opinion The Nebraska enabling act was i
a very broad one It was found to be
identical in spirit and scopo with the con
stitution of the United States which starts
out in Its preamble with We the people
eto I is so with the enabling act which
alludes to the people of the territory of
Nebraska The constitution made all
bonaflde residents of the colonies citizens
ctzens
of the United States it simply
nationalized the thirteen colonies The
enabling act provided also that
the state of Nebraska should enter the
union with all the privileges and immuni
ties for itself and residents that were
granted to the thirteen original states The
residents of Nebraska when the territory
was admitted became ipso facto citizens of
the United States The United States su
preme court had twice rendered a decision
to that effect and I coulj not understand
why such decisions were not conclusive
But I suppose that there were living in
Nebraska when the state was admitted
persons who wore the subjects of foreign
powers and who did not wish to become
citizens of the United States
Would not the admission of the terri
tory make them citizens against their will
i they found in after veurs that it would
be convenient to deny their citizenship by
such process What then Would they be
considered subjects of a country to which
they had not sworn allegiance
I hardly know where that would lead
to but it is certain that there would be
little danger from possible complications of
that kind which might arise after the gen
eration living in the territory at the time
of its admission had passed away A case
of that kind could not exist
InterState Commerce Commissioners Report
WASHINGTON Dec 5The annual report
of the interstate commerce commission
states there has been a marked improve
ment during the year in the disposition of
carriers toward compliance with the law
but as regards the duty of establishing and
publishing rates and changes little pro I
gress has been made Pablic grievances I
rising from the failure of carriers to com
ply with the law in these particulars are
pointed out
Upon the question of connecting lines
the most important subject treated is that
of through routes and rates Tie question
of legislative powtr to compel connecting
carriers to grant through facilities is dis
cussed at length and while difficulties are
acknowledged and explained they are
shown not to be insuperable
Attention is directed to the dissimilarity
of the terms of various bills of lading in
common use and the conflict of judicial
opinion as respect to the rights and duties
of shippers and carriers thereunder The
proposed uniform bU of lading and tie
objections of shipping interests thereto are
discussed and some of its features espe
cially the provision that property taken at
a carriers risk shall be rated as one class
I higher than i taken at the owners risk
are disapproved
I The commission recommends a mode of
proceeding before the commission and in
courts to enforce the commissions orders
definite a ton to compel carriers to adopt
I I a uniform classification end that the tenth
section of the act be so amended that cor
porations as well as their employees and
I agents shall be indictable
An Accident to Lady Ileaketh
I
LONDON Jan 5An accident happened
yesterday to Lady Hesketh formerly Miss
Florence Emily Sharon daughter of Wil
I liam Sharon Nevada formerly a Senator
of the United States Lady Hesketh was
following the Grafton hounds near Sul
grave She jumped a brook and vhen her
horse landed on the far side he became en I
tangled in a barbed wire fence The animal
plunged about wildly and it was with the
greatest difficulty Lady Hesketh was
rescued from her perilous position She is
a good horsewoman and kept her seat de
I spite the frantic leaps of the horse in his
efforts to rid himself of the
eforts bimsel sharp pointed
piece of iron which was lacerating his
flesh Lady Hesketb escaped with a few
slicht cuts
I
A ROBBER CAUGHT i
I
E S Patterson Arrested for
Rifling Letters
A KANSAS SHERIFF KILLED I
II I
He 1 Shot From AmbushIt is a Tragic
Incident in the Seward I
County War
I
BUTTE Mont Jan 5Special telegram
to THE HERALD Shortly after noon to
day William Watkins deputy postoffice in
spector arrested T L Patterson for
rifling letters in the postofflco in this city
Patterson was not an employee of the of
fice but by reason of the fact that ho was
I possessed of a knowledge of the affairs of
the postal department he had been per
mitted by Postmaster Evans to assist in
I the work of the various departments He
first entered the place about six months
ago at which time ono of the chief clerks
died He informed the postmaster that
he did not want any salary that his
only object was to help out the employees
whose duties had become great b reason
of tho vacancy caused by the death of one
ot the staff Shortly afterward complaints I
of the loss of money and valuables began to
bo heard and Patterson was suspected of
the thefts He was watched but so well
di i he cover up his tracks that it was not
until yesterday that be was detected In the
very act by the inspector and promptly ar
rested Decoy letters did the work He i
was immediately taken before the United
States commissioner who held him in the t I
sum of 1000 to appear when wanted The I
accused admitted his guilt I
Patterson has a wife and daughter living i
in this city and was to have departed for I
New York this evening to consummate a I
mining deal in which he and others have
been working Quite recently he was in
communication with Denver parties with
reference to the transfer of some mining
claims here but forsome reason tho sale
fell through
A Bloody chapter In Kansas History
ARKALON Kas Jan 5Another bloody
chapter has been added to the criminal his
tory of southwestern Kansas The county
seat war between Woodsdale and Hugoton
again resulted in blood shed The
plot to kill Judge Beakln the op
ponent of one of the murdered
leaders of the fued was put into execution
today I failed and the bullets intended
for Judge Beakin ended the life of a dep
uty sheriff Three we ks since Judge Bot
kin received information that a mob
composed of members of the Citizens al
liance of Woodsdale and Spring
I field would endeavor to assassi
nate him on his way to court I
at Springfield this morning The in
I formation was furnished by a member of
I the conspiracy who gave the names of all
implicated in the plot I also stated the
I judge would be fired upon at the head of
I the valley near Culverts place one mile
southeast of Springfield
Last night Judge Beakln Sheriff Dunn
and nix deputy sheriffs held a meeting at
the house of the judge which is two miles
south of the head of the caflon They
decided to scout the country between the
judges chouse and the court house and
started from the house of the judge at 380
this morning They came upon a mob com
posed of about forty men with Winchester
rifles and a fight ensued it lasted until day
light Sheriff Duun was literally riddled
with bullets All the other officers escaped
and went to Springfield where they barri
caded themself in a private house The
mob pursued them to town Shortly
after day had broken Joe Larable
court stenographer was seen by the mem
bers of the judges family who all this
time had been at home approaching the
house on a horse The mob eould also be
seen in the distance Larabie flanked the I
mob and reached the house when he told
the judge of the result of the battle and
urged Ion him to flee with his family to Ark
IonNot
Not long afterwards Mrs H P Laridee
wife of an under sheriff also arrived at
the house with a similar message from
Deputy Sheriff Stein Cashier Arkulon of
the State bank and County Attorney
Br nchony secured the body o Sheriff
Dunn and brought it here I will be sent
to his family In addition to the members
of the Citizens alliance who composed
the mob were also half a dozen des
perate characters from Grant county
All were under the leadership of John
Strode recently convicted in Judge Bea
kins court of horsestealing The instigators
gators and principal movers in the conspir
acy are Mrs Margaret Wood wife 01 the
murdered Sam Wood John H Garri
son of Garden Uty A R KiJgore
C S Gilgoro O S OCrey of Waodsdale
B J Valhores C L Culvert and W B
Omen of Springfield Judge Beakin has
had detectives in the camp of the Citizens
alliance of Woodsdale and Springfield the
past three w eks and has in his possession
i conclusive evidence against them
Want Rates on Oranges Reduced I
CHICAGO Jan 5A meeting of repre
sentatives of transcontinental railroads I
was held today to consider the proposi I
tion to reduce the ratd on oranges from
California points and southern California
So damaged is the that
o orange crop ship
pers united in request the railroads to I
reduce the rate from the present basis
135 to 00 cents per 100 pounds One
road objected to the reduction and the re
quest could not be granted although all the
other lines were willing to do so
Assigned
LANCASTER Pa Jan 5The embar
rassed firm of B S Kendino Sz Co to
bacco dealers have assigned Assets
50000 liabilities 100000
Situation Unchanged
NEW ORLEANS Jan 5The Picayunes
San Antonio special says there are no
changes in the strike on the San Antonio
eSi Aransas Pass today Both sides are
i still confident Two passenger trains are
running daily but without passengers
No freightbusiness has been attempted as
the employes of connecting roads refuse to
handle it
McNeil with his company went through h
the middle Three revolutionists were
chased by rangers but escaped Iran into
a small camp and got six saddles and
bridles but the owners had just left
Captain McKay and Captain McNeil have
already caught over seven horses includ
ing a government horse lost at tho Retinal
fight and two saddles Several of the
revolutionists crossed the river during the
uicht in such haste they left a horse stuck
in the mud and the saddle on the further
side Signed LANOHORNE
Lieutenant Thomas Garza deputy mar
shal arrested by Marshal Denada before
tbe Retinal tight and who escaped during
the skirmish came in and surrendered
this morning The revolutionists are
scattered and everything is comparatively
quiet
The Trouble on the Rio Grande
ST Louis Jan 5A special to the Re
public from Rio Grande City says Cor
poral Rute troop A Third cavalry was
shot as picket of his company at Sallo a
few days ago Ho was brought to
Ringgold died yesterday and was
buried today Several revolutionary
prisoners guarded by a detachment of sol
diers and three deputy marshals left here
for Brownsville yesterday for trial by the
federal court now in session there A few
hours after their departure a dispatch was
received from Sheriff Closner of Edin
burg to the post commander saying
it was reported a band of mounted
Mexicans were on the route by which
the prisoners were being taken Troop C
Third cavalry and Captain McNeils com
pany of rangers were in the saddle In a
few minutes with the understanding with
Sheriff Cleaner they were to attack Ha
vana at day light The sheriff left Edin
burg with a posse of fifteen This morning
news was received from Havana to the
commanding officer as follows
A little after daybreak this morning
Captain McKay with C troop wont into
Java pasture at the lower end Cantalit
c
c
Jndge Beakln Calls for Troops
I TOPEKA Kan Jan 5This afternoon
Governor Humphreys received a telegram
from Judge Beakin dated Arlcalon urging
the governor to send the adjutant general
with troops to Arkalon on a special train
as quickly as possible Tho necessary
orders were given at once nod com
pany A of the First infantry started
for the scene Adjutant General Roberts
left tonight and will direct the troops in
I person Is is not likely the trouble is
ended
I The facts In regard to the conspiracy dis
covered by tho judge go to show if the at
tack on him from ambush proved unsuc
cessful the mob would go to his house or
wherever he was and murder him It is
thought an attempt of this kind will bo
made tonight
The Duke ofDarcal DIes of lnlinenza
MADRID Jan 5The Duke of Durcal a I
grandee of Spain and member of the royal
family died today of influenza
A Train Plunges Into a Creek
ASHVILLE N C Jan 5On the West
ern North Carolina road today n freight
train became uncontrolablo on a heavy
grade and dashed down the track at a
fearful speed At Dyke Ridge trestle it
loll the rails and plunged into bcotts
creek more than ono hundred feet below
Engineer Sam Travers Fireman Sam Ar
thur Rufus Hemphill and a colored man
were killed
Broke Though the Ice sail Were Drowned
MONTREAL Jan 5A rich farmer
Des Jardins his daughter and a boy
named Roy aged 13 years broke through
the ice nt Lasumption last evening and
were drowned
AN EXTRA SESSION
The Idaho Legislature May be
Convened
Opinion Divided as to its AdvlsabllltyThe
Great Expense Iho Equalization of
Taxes Law the Important Question
BOISE Idaho Jan 5Special telegram
to THE HERALD The chief topic of in
terest now is the proposal emanating from
authentic sources for holding an extra
session of the Legislature It is held the
Legislature must meet to enact adequate
laws whereby the state board of equaliza
tion may operate The present statute is
held to bo inadequate as in the first place
the county auditors are now required to
furnish the board at the time of its meet
lag the aggregate assessment of their
counties and again the third classes of as
sessable property which it Is impossible to
add to deduct from viz money solvent
debts and mortgages which are fixed by
law cannot be changed as would result
from a general increase or reduction in any
given county If there is a want of uni
lonnity in the assessment of any class of
property throughout the state the state
heart must adjust it or it will remain un
adjusted Hence legislation is needed
Tho opinion of leading men here is some
what divided as to the advisability of hold
ing an extra session While it Is estimated
the expense would bo 14000 it would more
likely reach 30000 Those who have been
feeling for the public pulse say that the
people generally are opposed to it They
do not want an additional burden of tax
ation As to the matter of apportionment
in the counties of Alta and Lincoln that
were annihilated by the decision of the
state supreme court it is claimed that by a
Nenraska decision it is territory that It ia
apportioned by the geographical boundaries
of the counties and that the same number
will hold as before For all this it is among
the probabilities that an extra sessing will
be called to meet some time in February
United Stales Marshal Joe Pinkham and
his clerk John Richards were busy all day
adjusting the accounts of expenses of the
I United States court for the past quarter
The expenses footed up 20500 for which
checks were drawn
Ihc reported sale of the Phillips Sul
livan mine in Owyhee county for a largo
sum is found to be unreliable Mr Sul
livan is now in this city and says there Is
no probability of this important mine bo
lag sold The owners are satisfied with
the ore in sight and the yield of the mine
I and are not anxious to soil
The indications now are that Warden
Mack of the Boise penitentiary will be
superseded in the near future Governor
Willey has received quite a number of ap
plications well backed up from competent
men in different parts of the state for his
position It is an open secret here that
Governor Willey favors Macks removal
and it is thought that General Roberts will
stand any nomination that Governor Wit
ley may make
A Bill to Amend the Constitution
WASHINGTON Jan Ronresentative
Pattison of Ohio today introduced a joint
resolution amending the constitution by
making the presidential term five years
and declaring the incumbent inelligiblo for
reelection
Stewart Adds a Non feature the Silver
Question
WASHINGTON Jan 5 Senator Stewart
of Nevada added a new feature to the sil
ver question today by introducing a re
solution founded on the proposition that
holders of silver bullion are entitled under
an existing law never repealed BO far aa
the Senator can ascertain to the free coin
ago of silver The resolution directs the
committee on judiciary to inquire if any
further legislation is necessary to make
the proper officers coin the silver bullion of
depositors Senator Stewart said It is
provided in the act of 1S37 that gold and
silver bullion brought to the mint for coin
age shall bo received and coined by the
proper officers for the benefit of the de
positor There is no othar mode or manner
provided for coinage In that act The
Bland act of 187S revives the law ol 1837
The omission to enforce this provision is
unaccountable It appears to have been
overlooked by all parties who have ex
amined the question and failed 10 find any
repeal or modification of the statute I
shall be surprised if the judiciary com
mittee does not find as a matter of law it is
the duty of the officers of the mint to coin
silver bullion into standard dollars at the
ratio of 16 to 1 for the benefit of de
positors
Ryan and Need ham to Meet
CHICAGO Jan 5A match was arranged
tonight between Tom Ryan the Chicago
welterweight champion and Danny Need
ham of San Francisco The battle takes
place at the Metropolican club New
Orleans Mardi Gras week It will be for
a purse of 3000 and a side wager of 5000
xch4
a

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