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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, July 23, 1895, Image 2

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So Declared by Judge
Ross of the Circuit
Held to Be a Violation of the
United States Con
The Case Will Be Carried Before
the Highest Tribunal in
the Land.
LOS ANGELES, Cai,., July 22.— \
of the most important decisions rendered j
in the courts of California was given by |
Judge Ross of the United States Circuit
Court this morning. The decision declares
the Wright irrigation act unconstitutional.
It was passed by the Legislature of 1887,
and under it over $50,000,000 worth of
bonds have been issued.
The decision rendered by Judge Ross
was on a demurrer entered in the suit of
Maria King Bradley et al. vs. the Fall
brook Irrigation District. The action was
a suit in equity by which it was sought to
have enjoined the execution of a deed for
certain land of the complainant under a
sale made by the collector of the irrigation
district to satisfy a delinquent assessment
against the property levied under and by
virtue of the provisions of the Wright act.
The announcement that the decision
would be rendered this morning crowded
the courtroom with some of the most
■ prominent legal lights in California.
•Judge Ross occupied over two hours in
reading the decision, which covered thirty
three closely typewritten pages and con
tained over 10,000 words.
Among the clauses of the Wright act is
one which provides for the confirmation of
proceedings by the Superior Court. In
this particular case the Superior Court has
not yet confirmed the proceedings. It has
been held by the United States Supreme
Court in reclamation cases that where
there is a confirmation proceeding and
when after the close of these proceedings
the regularity of the proceedings is con
firmed, then the case is adjudicated and
the constitutionality of the proceedings
cannot be brought up. There are several
cases of this character. 7 ; £77 : :.K7ly'* ft .7
Most of the bonds sold under the Wright
irrigation act are in the districts in 1 which j
the proceedings under the Wright act have [
j,?en confirmed by the Superior Court. I
[Reproduced from a photograph.] . , .
ft "'.-*..; • l ■ .'...'
The Supreme Court has under considera
tion a case in which the proceedings have
been confirmed and the constitutionality
of the act challenged.
Attorneys for the irrigation districts say
that if the United States Supreme Court
follows the decision it made in the Hagan
reclamation case and others, it will pro
nounce the confirmation acts of the Supe
rior Court adjudicated matter that cannot
be opened. This will legalize $40,000,000
or more of the irrigation bonds . that have
been issued in which the proceedings have
been confirmed. - *;/,
However, the decision of Judge Ross in
validates $25,000,000 worth of bonds of ir
rigation districts in which confirmation
proceedings have not been had.
The main points on which Judge Ross
decided the case were that under' the
Wright act the land was taken from pri- ;
vate owners without due process of law ;
and that it was not for public purposes. It
was not like taking property for a •high
way, but was the taking of property j for
the benefit of property owners, whether
they be few or many. Closing Judge Ross !
Eta tea:
• "The fact that vast sums of money have
been invested in works constructed under
and in pursuance of this legislation and j
that bonds running into millions have !
been issued and sold thereunder, and that j
many individuals may not otherwise be
able to secure water for the irrigation of
their respective tracts of land, and that the
validity of the legislation has been several
times sustained by the Supreme Court of
the State, while demanding on the part of j
this court great care and caution in the
consideration of the case and casting upon I
it a very grave responsibility, cannot jus-, I
tify it in failing to declare invalid legisla- i
tion which, in its' judgment, violates those i
principles of the constitution of the United
States which protect the private property i
of cr y . person against forcible - taking I
The San Francisco Call.
! without due process of law and for any
| other than a lawful, purpose. Such"'.ques
tions are not to be determined by consid
erations of expediency or hardship. Un
fortunate, as it will "be in the losses that
will result to investors, and desirable as it
undoubtedly is in this section of the coun
try that irrigation facilities be improved
and extended, it is far more important
that the provisions of ! that great charter
which is the sheet anchor of safety be in
all things observed and ' enforced. The
views above expressed render it unneces
sary to consider tte other objections urged
on the part of the complainants."
Samuel F. Smith, one of the attorneys
for the defendants, was seen shortly after
the decision was rendered and said:
"We will push the case, as an amended
answer will in nowise affect the decision.
There will be but three points to our an
swer: That the petition alleges that there
was no stream of water, while in fact there
is enough water nine months in the year
to irrigate one-half the county ; that we
did not include the tracts of land alleged to
belong to the State and the United States,
and that they were not included in the
estimate of the amount necessary to irri
gate the land in the district. .
"This decision will affect the property
rights of alien holders, and it is hard to say
just how far-reaching this decision will be,
or how much damage it will inflict on the
State. It will, if upheld, destroy, most, if
! not all, irrigation districts, and will affect
not less than $25,000,000 worth of bonds.
"The gist of Judge Ross' decision is that
the Wright act is unconstitutional by rea
| son of its provisions being in no way
i framed for public purposes, but delegates
j to private parties the right to dispossess
| others of property without due process of
i law, which is contrary to the fourteenth
i amendment to the constitution of the
j United States. "7 v ---y
""We have had all the heavy legal talent
i of California arrayed against us in this
i suit and have had no assistance of any
kind from other, irrigation districts. It is
of the utmost importance to California's
reputation that this act be upheld and we
will fight it through to the bitter end."
Judge Ross' Decision Has Xo Bearing on
the Sunset Case.
FRESNO, Cal., . July 22.— The decision
of Judge Ross, handed ; down to-day, de
claring the Wright irrigation law uncon
stitutional, will not have the effect gener
ally expected. It was thought by many
people interested in the great Sunset dis
trict, the TurJock district and other dis
tricts that all work would have to be sus
pended. But this will not be so. The de
cision was in a case entirely distinct from
that which has been in the State and Fed
eral courts so long.
The case, for a decision in which the
directors and contractors of the Sunset
district have been waiting, is now in the
United States Supreme Court. A decision
was expected last May, but it has been de
ferred until October, and until that time
no work will be. done in the Sunset dis
trict. If the outcome is favorable the con
struction of the canals will be rapidly
pushed, but otherwise it ■■ will be • aban-
| doned entirely, unless another law' is
j passed by which the difficulties may be
j overcome. Judge M, K. Harris, who is
j the attorney for .the, residents of the Sun
i set district who are endeavoring to have
! it disorganized, said to. The Call repre
! sentative to-night that Judge Ross' de
i cision will have no effect. ' The opinion of
; Judge Ross may possibly lead to another
, ; fight by those who favor disorganization
if they are defeated in the case now pend-
I ing in the Supreme Court.
I It Took Private Property Without Due
Process of Law.
Judge B. F. Lee of Los Angeles, who,
; with his wife, is visiting in this City, was
seen at the Baldwin last night in relation
to the decision of Judge Ross declaring the
, Wright irrigation act unconstitutional.
He is not connected with the case in ques
tion and was unable to go into its details,
; but believes that the United States Su-
I preme Court, should the question reach
: that high body, will sustain the Circuit
"The act," he said, "possesses many ar
bitrary features, as it takes private prop
| erty without due process of law, and is not
j for public - purposes. Irrigation i districts
1 were' formed,7 bonds issued I and a tax
j levied, which in some cases was greater
than the ordinary tax levy. To small land
holders this was oppressive, notwithstand
ing the common benefit that must and was
intended to come to all. This doubtless
I prompted, in a great measure, Judge Ross'
decision. -- ..,■-*■
"In many cases condemnation suits were
: tried ' before the ; Superior '-,Court, as was
provided -for in the : act, and these settle-,
ments will not be affected by the Circuit
i Court's action. But :in others, where the
i I _____
Continued on Second Page.
Angels Camp Greatly
Excited Over the
..... . . ■ . .
Seven Men Rescued by the
t Brave Action of Superin
tendent Lane.
It Is Classed as the Largest Gold-
Producing- Mine. ln the United
ANGELS CAMP, Cal., July 22.— Not
since the great cave at the Utica mine in
1889, when seventeen men were killed, has
there been such a scene of | excitement as
was witnessed here last night a few. min
utes after 7 o'clock, when the' fire alarm
was sounded and it was learned that the
interior of the Utica mine, the support of
'the town, was on fire. -
•*~ Smoke was seen issuing from the Stickle
and the Utica north "shaft, ' and as soon as
the first load of men ascended.it was 'as
certained that the fire had originated in a
stope at the 800-foot level, 300 feet north of
the Stickle shaft. ; ;
As there are three' shafts, most of the
men were soon in safety, but when it was
ascertained that seven men still remained
on the 900-foot . level, below the . raging
flames, the excitement that prevailed, on
top can only be imagined. '' ' i 7
Superintendent Tom T. Lane headed a
rescuing ' party , and put in a bulkhead
of sufficient strength to restrain the smoke
for a few minutes within the stope. The
heroic young superintendent then gave
the signal to be lowered 100 feet. y The
lamps of the seven imprisoned. men had
been extinguished and five minutes were
consumed in groping their way to the skip.
When the party reached the top they were
in an exhausted and fainting condition,
but all soon reached - the surface in
safety. Had Tom Lane hesitated two
minutes the men would have perished, and
the seven miners owe their lives to his
When it was ascertained to . a certainty
that no others remained in the mine, after
the smoke . and gas had begun to pour
forth in such volumes as to repel all at
tempts to descend, the mouths of the
shafts were sealed and an endeavor made
to smother the fire with steam. After this
had proved j ineffectual orders were given
to . flood the mine. . Every man .' in ; the
town volunteered his services and worked
as though his existence depended upon his
efforts. ' ' t
)', Although the mouths of the shafts were
closed the gas found many avenues of es
cape through fissures in the ground caused
by abandoned shafts and the porous char
acter of the earth.
Thirteen hundred inches of water are
pouring into the mine. It is estimated it
will require 18,000,000 gallons to reach the
stope where the fire began, and that ninety
hours will be consumed in getting this
water to' the seat ; of the fire, and it will
take three weeks or more to get! the .water
out. . This is a favorable view of the situa
tion. Many of the miners predict that, a
large area, of the underground workings
will be burned before the water will reach
the fire. 'J , '. ,7- yy /"•_ ' "■ y. 7-'> t/ >
The loss cannot, be estimated with any
degree of correctness, but assuming that
the fire is confined to a radius of a hundred
feet, the water and "flames will probably
do damage to the amount of a quarter of a
million. 7 y
It is believed that the fire was caused by
a blast which was set off i just before the
men came off the 6 o'clock shift. ' 7 >
Scores of employes are stationed : along
the Utica Company's ditches and pipes : as
a protection against any. malicious inter
ference with the water system. -.
■ In a bulkhead in the ! Utica 'shaft last
night, a few feet from the surface, ; 108 men
were overcome by the' gas.' Some of them
were in a serious condition, but,; it -is! now
believed all - will ' recover. The fumes of
the rising carbonic acid gas were so in
tense last night that many families in the
neighborhood had to seek other quarters.
The Utica is the largest gold-producing
mine in the United States. It is said to
yield far in excess of $500,000 per month"*
Over 700 men are employed, and \at * least
500 of these will be thrown out of * employ
ment for 'six " weeks -or * two v months. Al
vinza Hayward, C. D. Land ; and the Ho
bart estate own the property. .... :
At midnight Superintendent ", Lane pre
dicts that the burning chambers in the
mine will be entirely submerged to-morrow
and the fire squelched. >; : A million gallons
of water are flowing hourly into the mine.

James Cross Tells of. the Mine and Its
Workings. ■
James Cross, president 'of , the Hobart
Estate Company,",, which, with ' Alvinza
Hayward, is interested in i the Utica mine,
said last evening, in the office of . the com
. "The latest advice we have is that a
stream of water has been brought to bear
on the fire direct; and if it is not spread too
far the flames will no doubt soon be under
"The Utica mine has been J worked for
many years," continued Mr. Cross, "and
at the time of the breaking out of the fire
was a most productive enterprise,- and had
been for two or three years, the work being
done in fine bodies of ore. It has three
working shafts and runs 120 stamps, which
are kept at work all the time, except when
the mill has to be | stopped for necessary
repairs. The mine, which.is well timbered;
gave employment to an average of 475 men
a day. 7 .." . -' „ ' 7
"Of course, we do not know at this time
the extent of the damage done by the fire,
but this we do know, that the water of I the
old Union Ditch Company, which belongs
_*.■-'. -'
; ' - [Sketched from a photograph for "The Call."] •
to the Utica Company now, and flows be
tween 18,000 and 20,000 miners' inches, un
der a "strong pressure, has been turned into
the mine for the \ purpose of ', flooding it.
This will stop the fire unless the stream
should give out before the mine is flooded.
At all events," the fire and the flooding! will
occasion some djelay before operations can
be resumed ; how long cannot be told until
the water is pumped out." -.-■'' '
Death and Destruction .Visited
Upon a .New Mexico
Twenty People ' Said : to Have Been
Crushed to Death Beneath
Falling Buildings.
WHITEWATER. N. Mex., July 22.—
Couriers arrived here to-day from Silver
City with the startling news that a cyclone
and cloudburst had swept down upon that
place, carrying death and destruction in
its path. The couriers said they had none
of the particulars of the disaster, except
that the report was that twenty people had
been crushed to death by the collapse of
the Immer House, the largest hotel in the
place, and in other buildings that were
The Santa Fe officials declare that their
advices are that no lives were lost, but five
hotels and several buildings were ruined.
They had only meager bulletins, and said
all communication with the ill-fated town
had been cut off by the cloudburst.
All the bridges on ; the Silver City
division of the Santa Fe road have been
washed out and large - sections of track
have been carried away. The greatest
apprehension is felt for the people of Silver
City. It is feared mary of them have per
ished. A relief party has started out from
here. Its return is waited with the greatest
anxiety. •
Silver City is a pretty little city, built in
the 1 canyon at the foot of Mogollon Moun
tain.* It has about 3500 inhabitants. .The
water burst forth above the city,' and ! was
preceded by such a rumbling that warning
was given in - time for great numbers to
escape. No idea can be given at this time
as to the loss of ' life, but it may have been
greater than at first reported.
Charles , Searing Examined in * a Brook-
lyn Court.
, NEW YORK, ;N. V., July 22.-Charles
Searing, a nephew of Bishop Goodsell of
California, was before Judge Clement of
the City' Court of Brooklyn to be adjudged
as to his sanity. - ; When questioned he said
that he had resided for some months at the
Epileptic ■Home," where "\ he paid $7 50 j a
week for his board. A few weeks '■'■■ ago his
funds became low and he was *■ unable f. to
continue the payment. He ; was i then re
moved to ; the % Flatbush Asylum. Mrs.
George ?A. Drnatt, his *. sister-in-law,^ de
clined {toI be < responsible , for his * mainte
nance at the home. 7 £ «;•>'* '*",','% 7 . '■■„ f.ff :
Searing said that he has had regular re
curring fits of epilepsy. He was formerly
a salesman for the International Oil Works,
633 Gold street, this city, who now owe him
some money. Judge Clement ordered ( a'
further examination to be made i and i to
bring Searing before him in two weeks.; '
Marauding Bannocks are
Shot by a Band of
Attempted to Escape • After
They Had Been Placed
Under Arrest.
Wyoming National Guards Ordered
; to; Prepare -to March at a
; .Moment's Notice.
CHICAGO, 111., July 22.— A special to
the Chronicle from Market Lake, Idaho,
On July 13 thirty men left Jackson Hole
to j arrest * all j the j Indians • breaking the
game laws of Wyoming. „y ;
7; In j* Hoback ; Canyon they surprised a
camp of seventeen Indians and took them
all prisoners j and ) started with ; them for
Jackson Hole. ,
In the J. canyon the Indians tried to es
cape, and all of them were killed except
one papoose; who was brought to Jackson
Hole. There were fresh elk skins in
this camp. ; f jI ; 7. 7 7
p John 7N.. Carnes, a squaw man and the
oldest settler -in Jackson . Hole, has gone
over into Idaho ; and , says every settler in
Jackson Hole will be butchered.
There were 1 300 "j Bannock warriors on
Hoback River when Carnes was there, and
he says all the squaws have been sent
away and that the bucks are daily joining
the main band. 7 >
■ Jackson Hole settlers are now intrenched
and waiting • the • attack. Unless the cav
alry gets there quick every settler between
Jackson Hole [ arid • this J railway station
may.be massacred.* : y ji7^. ?'77;>y ; 7 ' t .
Indians Leaving for the Scene of the
• . Trouble.
J POC ATELLO, - Idaho, . July 22.— At the
Bannock"! Indian, agency, thirteen miles
north of here, those in authority who are
j in possession of all the facts obtainable do
I not believe the trouble in the Jackson Hole
I country can possibly reach a 'final settle
ment now without more- bloadshed.' The
rumors current here last night regarding
the depredations of a returning band of
Bannocks arid their killing of three white
settlers cannot; be further confirmed. 'Not
I more than fifty Indians haye 1 so far re
j turned 'to the immediate vicinity of the.
agency, and they will not talk.
. Although it can be positively stated that
the '. rumored danger in this immediate
vicinity is without foundation, it is confi
dently, believed from " the advices brought
daily by the . Indian ; . police from the scene
of fi th« recent ; trouble in Northwestern
Wyoming, that there will be other clashes
there between the Indians' and the settlers
and the tough; characters in the Jackson
Hole country. The police who were sent
to bring 7 back the hunters returned to the
reservation .with - remarkable . speed, and
reported to the agent that they had argued
with tbe Indians, but that they refused to
return, and as they outnumbered. the po
lice ten to one they could not bring them
with them.: . 7-
y The Indian police, as a rule, are Indians
first and police-' afterward, and they evi
dently also made a report to their brother
braves, for almost • every able-bodied Ban
nock has; between the return of : the police
and this time, decamped . for the scene of
the ' trouble. f-V From , some of • the , most
trusted-police it is learned that many of
the Indians who are apparently, returning
to their homes have quietly said that they
are ; taking .' their * ; squaws arid : papooses
home to the reservation, and that then the
warriors would ', return ,to see those white
men in the Jackson Hole country. i
The "clash in r that t region is one that re
curs » every year, but this • time, The Call
correspondent learned at the agency, there'
seems to be a determination on both sides
to settle the question as to whether the In
dians have a right to hunt in that country
regardless I of f- : State % game ? laws.'7 The In
dians will not give up their old grounds
without a struggle, and the bona-iide set
tlers and tho (characters", far worse than
Indians, who infest part (of _ the j country
are determined to give the Indians such
severe treatment that they will not return
next year. Regarding these hunts Indian
agents labor under the embarrassing situa- '
tion of instructions from Washington that
both treaties and State laws must be re
spected, yet in ; several instances they are
in direct conflict. 7; 7
Hf It was "earned at the • agency that at
least 200 bucks are absent from 'the reserva
tion, and nearly all their leaves of absence
expired ' some time ago. Agent Teters has
begun a . thorough investigation of the
trouble, and is making a trip through the
Jackson 7 Hole country on horseback.
The trouble reported by ranchmen in the
mountains of the ' Salt River Valley cannot
be further confirmed. v Agent Teters is ex
pected back Wednesday, and an authori
tative statement can then be secured of all
trouble that has occurred, although even he
probably cannot foretell just what .will be
done by the silent red men who are now
said to be plotting a return to their dis
puted hunting j grounds unincumbered by
their women and children. 7
It is the general opinion at the agency
that the Bannock braves cannot be brought
back to the reservation without the use of
Federal troops.
-Yews Received That the / Princeton Geo
logical Party Is Safe.
NEWARK, N. J., July 22.— The Prince
ton student geological exploring party has
not been massacred by the Bannock and
Blackfeet Indians. t A letter received here
to-day. from A. L. P. Dennis, son of the
Rev. Dr. J. S. Dennis of New York, dated
Dubois, Wyo., July. 13, says the party on
that date passed thirty miles to the north
of the scene of war.. All of the party are
safe, the letter says, and unless the Govern
ment troops push the Indians on their
trail they will escape. "7^ v , 'f\-
; PHILADELPHIA, Pa., July 22.—Appre
hension in. this city for the safety of the
Princeton student geological exploring
party was dispelled to-day by the receipt
of a postal-card this morning from C. L.
FredericK Pease, a member of the party,
dated. Dubois, Wyo., July 14. The card,
which is addressed to his parents, says:
' "All are well. The mountains are cov
ered with snow and we have to cross
through it. Do_'t worry about the ■■ Ban
nock Indian troubles. They are seventy
five miles from here, but we are daily, leav
ing them far behind." _7:* .''
Ordered to Prepare for a Trip to the Jack
sons'Hole,Country, y 7'.7">
OMAHA, Neb., July 22.— The Wyoming
militia have been ordered to hold them
self: in readiness to move into the Jack
sons Hole country at a minute's notice.
The Indians are increasing 'in numbers
rapidly and a general uprising is feared.
LARAMIE, Wyo., July 22.— Fred Hesse
Jr., captain of Company A, of the Laramie
National Guards, has received orders to
report to his colonel how many men he
can send to the scene of the Indian trouble,
and to make preparations for a journey.
Society People at a Maine-Re
sort Treated to a Sen
Mrs. Goldsmith's Novel. Method of
Disciplining' a Recalcitrant
• YORK BEACH, Me., July 22.— N. F.
Goldsmith, a wealthy, liquor-dealer of Bos
ton, whose • wife i expected t him 1" Saturday
night to spend Sunday, brought with him
Miss Cowles, a music-teacher, and his at
tentions to her were rewarded by the wife
marching him by the ear around the piazza
of Young's Hotel yesterday in the presence
of several hundred guests.
Some time . ago Mrs. Goldsmith discov
ered her husband .with Miss Cowles on
West street, Boston. She applied a horse
whip to the young 7 woman and then
■inarched off with her husband.
' Miss Cowles and her mother, a Mrs.
Foote by her second marriage, came here
two weeks ago, and during their visit en
tertained a rich uncle, who now turns out
to have been Mr. Goldsmith. When Mr.
Goldsmith did not meet his wife at the
hotel, she set out to -find him yesterday,
and, when she had succeeded,' marched
him by his left ear from the dining-room
of the Ocean House over to Young's Ho
tel, and before the guests accused him of
giving Miss Cowles a $20,000 house and
other gifts, while she and her children had
been left entirely unprovided for.
After the scene Miss Cowles and her
mother drove away in a double carriage,
Mr. Goldsmith • joining them on the road,
and '. Mrs. Goldsmith and a detective
•boarded the evening
■ Mr. Goldsmith is nearly 70 years 'of age,
his wife about 60. and the music-teacher is
, not over 30 and handsome.
Trouble on the Gould, Lines
May Result in a General
Caused by the Abrogation of a Con
tract With the Order of
Telegraphers. ' '
ST. LOUIS, Mo., July 22.— A special
from Little Rock, Ark., . says that unless
Grand Chief Powell " of the Order of Rail
way Telegraphers, who ? arrived ;in Little
Rock to-day, effects a settlement between
the telegraphers and the Missouri Pacific
Railway Company a general strike on the
Gould system; affecting every department
of the lines, is almost certain to be inau
gurated. "*■ ' . .
7 The trouble arose out of the order of
Superintendent J. A. Edson of the Cotton
Belt- a part of the Missouri Pacific system,
abrogating the contract with the Order of
Railway Telegraphers. 7 .77 .";-. fVy- ;7y 7;V
'"; Edson issued an order on .'June s 28 abro
gating the contract between the road and
the Order of Railway Telegraphers, "the
order to take •■ effect i July 28.7.The reason
given by Mr. Edson for ' the abrogation of
the contract was* that the order was; badly
managed and . interfered with the disci
pline of the road. :.';- * 7 " . ; *
•. The dispatch from Little ' Rock contains
■ the information j. that* the ; order , issued to
the Cotton' Belt telegraphers is but the be
ginning of ; a movement to \be extended to
other branches of the Gould . system if . this
first move proves *to,l be successful. y-. Next
Sunday is the date "j fixed for the cancella
tion of the contract. ' ■ ' . |
Mrs. Spiess Became the
Bride of an Italian
v--y..\.y vy '.*--','••*/. \~f'-'. •■
*: .: } < - ' " , "
The Nuptial Knot Was Tied
by One of New York's
He Remained Away While His Sister.
' Was Being Transformed Into
a Countess.
NEW YORK, N.Y., July 22.— Count
and Countess Geralmo Nasseli will sail for
Europe this morning. The .voyage will be
a honeymoon trip, for the couple were
yesterday made man and wife in what is
now known as the marriage chamber of
the City Hall by Alderman Frederick
. So quiet was the entrance of the bride
and 1 groom expectant, and so modestly
were they arrayed that very few if any
save the officiating Alderman himself and
the witnesses knew that " the . former wis
the beautiful Mrs. Amelia Spiess of
17 • East Sixty-third street, and - the
latter no less a person than Count
Geralmo . Nasseli, the Italian Consul at
New Orleans, and late Vice-Consul for
Italy in this city. It was a private mar
riage, none but a few friends of the bride
being present. Among them were her two
lovely daughters, the Misses Claribelle and
Viola Spiess. The ceremony did not take
long, and after it was over and Alderman
Ware had congratulated them, the happy
couple went uptown, where a wedding
breakfast was served in the same unosten
tatious manner in which they were united.
The Countess is 33 years of age and so is
the Count. They were thrown much to
gether in society in this city, where they
learned to like each other, and the liking
ripened rapidly into love:
' "Jake" Hess, brother of the Countess,
was not one of those in the City Hall when
the marriage took place, and it is under
stood he was not- altogether disposed to
look upon it with favor. This was inferred
from the manner' in which the ladies of
Mr. Hess" household received the- news
and their ; extreme reticence. "We have
absolutely nothing to say," was their an
swer to a reporter last night.
It was different at the house of the bride.
One of the Misses Spiess said to a reporter:
■j "The marriago was quite a private affair,
and the civil ceremony was made necessary
by the laws of Italy. As regards the feel
ings of my uncle's people, 'I \ really know
- The witnesses to the marriage were
Count Branchi, Italian Consul at this port,
and Second' Vice-Consul Alberti. The
Countess will be presented at the Italian
court soon after her arrival in Rome, and
in the fall will return to this country. .
Labor Commissioner Fitzger-
aid's Charges Discredited
at Washington.
Government Officials Claim They
. Have No Evidence of a
Conspiracy. ■
WASHINGTON, D. C, July 22.— The
Government officials here have, up to the
present time, no evidence at hand suffi
cient to justify the belief that the charges
of Labor Commissioner Fitzgerald of Cali
fornia 'that a conspiracy existed for the
farming out of cheap Oriental labor to
Americans, supplied by agents located in
the Hawaiian Islands, are well founded.
The [ position of Commissioner Fitzger
ald, it is said, is also overthrown by the
declarations from Senator • Perkins and
other prominent coast : politicians that
there was nothing to warrant the impres
sion that such a conspiracy existed. ■
Left Her Home to Join a Man Already
. JEFFERSONVILLE, Ind., July 22.—
This city was startled to-day by the an
nouncement that Ella McCleary, the beau
tiful 16-year-old daughter of Mrs. J. C. Mc-
Cleary, had left home and gone to St. Louis
to join Fred Flynn, a married man and a
former resident here.
Flynn, several months since, began pay
ing.' Miss McCleary attention, but her
mother, learning that he was married, or
dered ' ' him from the house and accused
him of being married. ' This he denied, but
left and went .to ; St. Louis, where he se
cured a position as conductor on an elec
tric-car. He kept up a clandestine corre
spondence with the girl and sent her a
ticket to St. Louis, urging her to join him.
While- her. mother was in Louisville visit
ing relatives last week she made her prepa
rations and left. \ y.-j- .. . • ;
, It is said Flynn was forced to marry hia
present wife at the point of a pistol. .
Fell Heir to a Half-Million Dollar Eng-
lish Estate.
DUBUQUE, , lowa, July 22. — Frank
Boswell, a young man from Omaha, em
ployed here for. several months past as a
mortar-mixer, has received news that he is
heir to $450,000 from the estate of his aunt
in England.; 7. .v.':
boswell ! left England about ' six , years
ago. y Notice that he was wanted -to claim
the estate appeared in the newspapers and
friends at Omaha informed him. '., He also
received a ; letter from the attorney of the
estate, sent in care of the Mayor of Omaha,
to which city he had been traced. ;, Boswell
declines to be interviewed on the matter
until the news is i confirmed and f mixed
mortar as usual to-day. .
To Enforce Prohibition.
WICHITA, Kans., July 22.-The Board of
Police Commissioners, in compliance with
the expressed wishes of Governor Morrill,
left for Tooeka to-night for a personal con
ference :on s the subject ■of enforcement of
the prohibition law in Wichita.

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