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Olympia tribune. (Olympia, Wash.) 1890-1893, November 05, 1891, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn88085350/1891-11-05/ed-1/seq-1/

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_—©FFICIAI7"PAPER—
o——OF———-———o
The Cities of Olympia and Tumwater, and
*MIEY;, ,7 7
V'OLUME 11. NO. 164. >
S ' r & White
_ ~————‘—I’ROPRIETORS GlT—
._, VfiP-Jfifli “kW/{Mg "Gfi/fivn
W P 1...» I. Ala} "’ , ~ ...; , .
‘* r“""“"rfmslllilllzlalIlllltgfil/é’lr’fil4kg ..,.|.l'l'."'""l.- Mme I
Asaeaggh: 71"“;rcr AH" 1.. .
Angie N: e 111-11 l Auk
: ' 9%7‘: L-éié3l :H: e ...—I I
—~——MANUFACTURERS AND DEALERS INE—
éI'DOORS SASH AND BLINDS-K-I—
--, .
WRITE FOR ESTIMATES- l'
Corner of Third and Jefferson Street, Olympial
—-——-—-—————______________
E. S. HORTON
PLIIP1B1P1(;| STEAM
. —AND—,
GAS~FITTING.
S’I‘OVES AND TINWARE,
REPAIRING PROMPTLY ATTENDED TO.
424 Follrtll Street. Telephone No. 13.
MILLARD LEMON, PRESIDENT. MARY L. PAGE, Smsnm'ruw.
ROBT. F. WHI'II’IAM, TREASURER. F. (i. BLAKE, MANAGER.
CAPITAL CITY
ABSTRACT Ar TITLE INSURANCE COMPANY.
(INCORPORATED) W _
Draughting and Blue Printing. 5
Our Abstracts are posted to date every evening, and are the only complete set of Abstract? from
. Government to (late in the county.
’Fpotalrs In Chambers Block - f - - - Olvmpia, Wash. l
Lead Ing Merchant?” I allor.
I -———-Always keeps a. full assortment (SET——
FOREIGN AND DOMESTIC GOODS. PERFECT FIT GUARANTEED IN EVERY CASE.
REPAIRING NEATILY DONE.
___._______——__._____
T. J. MCBRATNEY l
A ~ I; 7‘
F2ll m Deln erV W moms!
to
Carriages, Buggies, Road Carts, Plows, Etc.
Agricultural Implements of Every Description.
. COLUMBIA, NEAR FIFTH STREET.
W
C l NEWCASTLE C 1
-—AND——
081 BUCODA 021
The Best, Cheapest and Cleanest Fuel.
THOMAS HEAGOCK AND A. D. GLOIER, Exclusive Agents.
Dealers in all kinds of fuel. Orders left at R. FROST’S store will receive prompt attention.
W
G- U RNEY
n rams er to
El 21 .
Successors to CFOSTER dz LABEREE.
'We have added to our already large stock a FIRST-CLASS WAGON, specially fitted
for the removal of Pianos. Furniture and Bagga e. Our facilities for the re
moval of safes and all other heavy goods are 0% the best. All orders for
Hacks, Gurneys, Livery. Trucks, Bagga e, etz., promptly at
tended to. A first-class boarding smile -.n connection.
CORNER MAIN AND THIRD ST.
Telephone Number 3.
————-—-———-——_—___________
. C - BEARY, i
. ‘ GENERAL REPAIRING
CARTRIDGES LOADED TO ORDER. AMMUNITION OF ALL KINDS.
Silsby Block, Main Street, Olympia.
—__—___._____________________
E EARNED &BA TEE;
Undertakers and Funeral Directors
- Especial Attention Given to Embalming for Shipment.
OPEN DAY AND NIGHT TEL. NO- '7.
116 West Sixth Street.
< 5‘55? r ‘ ~ 5‘33 ‘ "
‘7 STATE PRINTING AND PUBLISHING COMPANY
Book : and : Job : Printing : Specialties.
Northeast Corner of Fourth and Adams Street, Olympia, \Vashlngton.
OLYMPIA TRIBUNE
ELAN K BOOKS
School : Books
Stationggofgo Kiods.
Inks, Mucifigmo—wol Paper.
THE BIG BAZAAR!
> W. A VAN rapes, Pm.
Headquarters for Everything.
WALL PAPER AND
Ceiling Decorations
Enatéth st - - - - 01ympiu,“ashi
’ ) ‘ ‘ ’ 05'
ROLER lB h 1‘
HEAVY AND [SHELF
HAR D W AR E.
__o___
Wooden and willow ware, crockery and
glassware, guns pistols, rifles, all kinds of
ammunition, cement, paint oils and win
dow glass.
OLM Y PIA.
Collegiate I nstitute
-——o——
“The Pioneer School of Washington."
_o__
COLLEGE COURSE, per term, - sl2.
NORMA]. Counss, per term, - 12.
COMMERCIAL COURSE, per term, 13.
GRAMMER COURSE, per term, B.
MUSIC, per term, - - l2.
ELOCUTION, per term, - - 15.
STENOGRAPIIY, per term, - - ’lO.
ART INSTRTCTION, per hour, - 250.
__o___
The ofler of board, tuition and room rent [or
$l5O per year in advance has already brought
about 75 students to Olympia from abroad. All
the priveleges and opportunities of the Institute
are oinen to the patrons of Olympia for the price
of tu tion alone .
A Faculty of nine Instructors and ngeelelista,
mm” theatres; 1°35“-
V . an ~ , _. i ‘ ",-,.“i.,.,113,
ou glel’ worfcg‘g' an“ ggpgr’tnrgemflmré '“ffib§% 1%:
tugca offered.
For further information call on or address
REV. LUTHER COVINGTON',
PRESIDENT
m
CONTRACTORS AND BUILDERS.
(“ M. SAVAGE & CO.
I.
CONTRACTORS.
Bridge Building and Pile Driving.
I LIBERMAN
O
CONTRACTOR.
Grading and Bridging. Office: Room
8, V‘Voodrufi ‘block. ’
VV A. ROGERS
O
CONTRACTOR AND BUILDER.
Estimates made on application.
OLYMPIA - - - -_' :1 - WASH.‘
JW. ROBERTS ' 1
CONTRACTOR AND BUILDER. l
Office fittings, counters, shelving and all
jobbing promptly attended to. Estimates
furnished on application. I’. 0. box 177.
OLYMPIA. WASH.
WEEKS & CO
CONTRACTORS AND BUILDERS.
Plans and specifications furnished.
OLYMPIA AND TACOMA . - - - WASH.
CARD & BROWN
GRADING AND EXCAVATING.
‘ Lot and land clearing done proniptly.
Camp on Westside ”on Fourth and rent
streets.
OLYMPIA - - WASH.
......Tl—lb‘m... 1
....AT‘
'1 UM W A'I'ER.
l —o—
TRIBUNE will be delivered to all
, subscribers regularly, with fresh
telegraphic and local news.
.__O___
'l‘umwater’s official Paper.
___o_.._
Leave all subscriptions and cpmmunica—
tions with the TUMWATER DRUG 00.,
sole agents for the DAILY AND WEEKLY
TRIBUNE.
Homes of Dlssolutlon.
NOTICE is hereby given that the firm of F.
C. Williams & 00., heretofore doing? bus
iness in the city of Olym in, County of ’ hurs
ton, and state of Washington, as Umlertskers,
has been thls day dissolved by mutual consent.
The said business will hereafter be conducted
in the name oi F. C. Williams, he succeeding to
jall of the interests of the firm, retaining all
Froperty of the firm paying all debts and col—
ecting all amounts due the firm of F. C. Will
iams Co. Gama-6t.
Dated at Olympia, Wash, this 21, of Oct. 1891
F. C. WILLIAMS & CO.
OLYMPIA. WASHINGTON. THURSDAY. NOVEMBER 5, 1891.
CHARGING J URIES.
THE DUTY OF A JUDGE IS '1‘!) DE
CLARE TH‘E LAW.
’l‘he Jury’s Province ts to Deter—
mine Where Facts are Cou
clusively Prove]: or
Otherwise.
[The DAILY and WEEKLY TRIBUNE will
print from time to time all the decisions of
'the supreme court“;
C. S. Barowell, S, C. Roblnson and Charles
N. Robinson, eo—partners doing business
under the style and firm name of Bard
well, Robinson & 00., appellants, vs.
Louis Ziegler, respondent.
By written contract between the parties,
plaintiffs agreed to furnish defendant cer
tain materials to be used in finishing a
building in Spokane, certain of the mate
rials to be furnished on board the cars at
Minneapolis on or before the 15th day of
December, 1889, and certain other materi
als, to-wit, the doors and and paneled
wainscotting and stairs, on or before the
first day of January. 1890, and this pro
vision oceurs in the contraet: ’ 7
"And the second party for and in con
sideration of the first parties completely
and faithfully executing the aforesaid
work, and furnishing all the material
thereror, so as fully to carry out this con
tract and design, according to its true
spirit, meaning and intent, and by and at
the times mentioned, and to the full and
complete satisfaction of H, Preusse, super
intendent. does hereb¥ agree to pay.” etc.
It is provided in tis contract that the
materials shall be furnished according to
the plans and specifications and drawings
which are declared to be at art of the con
tract. The contract provides for damages
in case of the failure of the plaintiffs to
furnish the material by the time specified.
The doors, wainscottmg and stairs were
not delivered for some six Weeks after the
time s ecified and by reason of said delay
defendant claims damages and seeks to re
coup u on plaintiffs in the sum of five
hundrecfdollars. Plaintifi's in reply claim
that the failure was caused by the negli
gence of the defendant in not having the
building in such a state of progression that
the measurements for the stairs could be
taken, and that the measurements could
not be taken from the $131115 and specifica
tions, but must be ma e by actual ph sical
measurement of the house itself. {‘lain
till’s offered evidence tending to show this
state of facts, and to show that under such
contracts the general custom was to take
actual measurements, and that such con
tracts were entered into with reference to
such general custom.
The introduction of this testimony was
objected to by defendant and the objection
was sustained by the court. Among the
questions asked and rejected by the court
was the following: ‘
"Now I will ask you to state, Mr. Carter,
whether or not it was possible to take the
measurements requisite and necessary for
the manufacturing of the panel wainscot
ing and stair work from the lane and spec
ifications ‘2” And also the gllowing ques
tions: .
“I will ask you whether or not there is
any general custom his contract of this
kind, which establishes’yvthe fact or under
standing in V the" bus. "'ss that certain
{neagurgments must;3 It?!) beioretwork
£3323, engineering; 1.73 con I‘3o I‘o
- newfiwgttayflms
and specifications ‘2” ‘ ' ‘ ‘- "=x‘rl*"""?“’
To the refusal of the court to allow this
testimony to be introduced the plaintiff
duly expected and assign it as error here.
We think the court erred in refusing to
allow this testimony. It could not be in
troduced for the purpose of contradicting
the contract, or to interpret it inconsistent
with its language; but of explainlng its
meaning in the light of general custom,
with reference to which the parties. would
be supposed to contract; and on the fur
ther principle that a man will not be pre
sumed to intentionallg contract to do a
thing that it is impossi le for him to do.
As we read the cases cited by 'the respon
dent none of them go to that extent, In
Davis vs. Galloup, 111 Mass. 121, the plain
tili's, stone cutters, agreed in writing with
defendant to furnish stone for his building
according to the plans and specifications
of an arc iitect, and to do all the fitting and
rebatin g necessary. Wooden patterns were
necessary for cutting the stone under the
plans, and the plaintiffs procured and paid
for them without asking the defendant or
the architect to furnish them. Held, in an
action to recover the amount paid for these
patterns, that evidence of the usage of
stone cutters in cutting stone for a build
ing to purchase such patterns and recover
the cost from the owner of the building
was inadmissable. But it seems to us there
is no parallel between that case and the one
at bar. Here it was attempted to show
that it was impossible for plaintiffs to com
ply-with the contract without an actual
measurement; that a general custom grew
out of that fact, that the parties contracted
with reference to that fact. There the con
tract could be, and was, performed; and
the court made that plain distinction, and
inferentiall announced the doctrine, that
if the perfyormance of the contract had
been impossible without the patterns hav
ing been furnished by the defendant, the
custom might have been shown. by the use
of this significant language: “As the
niaintifl’s actually prepared the patterns,
it is obvious that it was not necessary that
that the defendant should furnish them to
enable them to do the worli.” m,.
Partridge vs. Insurance 00., 15 Wall. 573.
enunciates the doctrine that the custom
cannot be proven to vary or contradict. the
well—expressed intentions of the parties.
In Sawtelle vs. Drew, 122 Mass!22B,‘all
that was decided was that evidence to
prove a custom was inadmissible in the
absence of evidence that the )laintifi' knew
of such custom. On the other hand the
court in its opinion says: “A custom,
within the meaning of the law, if general
is incorporated into and becomes a part of
ever? contract to which it is apfiicable; if
loca , of every contract made by parties
haxing knowledge of, or bound to know,
iteexistepce.” _» __ W
In Sanferd vs. Rawling, 43 111. 92, a work
man in marble had entered into a written
contract to erect a. monument, and a work
man was called to testify “what in the
trade of a marble dealer is meant by a con
tract to erect a monument,” and the court
very properly said that “it was wholl un
necessary to call a workman in margle to
prove the legal import of a contract in the
trade, because there could be no dispute as
to its meaning. The law would attach to
this language a precise significance.”
And so with the other cases cited by re
spondent. On a careful examination we
do not think they go so far as to exclude
the te‘stirnonynolllered‘hl this_(_:ase_. __
In Stewart & Howell vs. Keteltas, 36 N.
Y.,3BB,acase on a level with the one at
bar, the plaintilfs having contracted to
erect and furnish a new building, therein
referred to, agreeably to the drawings and
specxtieations made by defendant’s archi
test, and signed by the parties, the court
says: An objection to the offering of any
excuse by the plaintiff for not performing
his part of the contract within the time
specified, is properly overruled, and that
under such contract where the work to be
performed by the plaintiff could not be
performed until other work was done by
defendant, or his employee, the failure
to have such preliminary work com
pleted in season to enable the plaintiff to
complete his within the time limited by
the contract is a. snflicient excuse for the
plaintiff having not completed the work
within the time. 7
The very object of one of the questions
objected to in the case at bar was to show
that the plaintiff’s work could not be per
formed within the required time by reason ‘
of the failure of defendant’s amployes to
have the building in such a state of pro
gression as to allow the measurement of
the stairs to be taken in time for plaintiff
to complete his contract. Whether or not
the measurements could be taken from
the plans and specifications the court is
not called to pass udpon. But it is an issue
raised by the plea ing, and the plaintiffs
; had a right to enli%hten the jury upon that
1 subject; for if suc l was the fact, and the
further factaplpeared that the building was
not suflicienty advanced to permit the
measurement in time for the plaintiff to
complete his work within the prescribed ‘
time, then it is brought within the general ‘
rule that he who by his negligence prevents
a. thing from being done shall not avail
himself of the non-performance he has
occasioned. , 7
1 An investigation of the testimony in
this case also goes to show that it was the
understanding between the contracting
Berties that actual measurements were to
e taken. This we gather from the testi
mony of the defendant himself. Among
other things. on page 38 of the record, he
says:
“Mr. Carter then ofiered me what I con
sidered very good ti ures for the work, and
I said to him, ‘Mr. garter. that is a big ad
vantage in dealing with you, because I
have had some trouble about misfits when
you deal by correspondence and get your
work by plans. It has censed me a great
deal of annoyance at my house and the
parties were not there to get the actual
measurements. and I prefer to give you the
contract because you are here, and a man
of that sort can figure and make his calcu
lations! ”_ , ,
So that by his own statement it appears
that the measurement was not to be made
by the plans and specifications, and that
his principal inducement in entering into
the contract with the plaintiffs was that
the work could be done by actual measure
ment. Under all the circumstances of the
case we do not think any principle of the
law would have been violated by the ad
mission of the testimon proffered.
Plaintiffs also compiain of certain in
structions given to the jury by the court,as
being in violation of Sec. 16, Art. IV of the
constitution of “’ashington. Said article
provides as follows: “Judges shall not
charge juries with respect to matters of
fact. nor comment thereon. but shall de
clare the law.” It seems to us the framers
of the constitution could not have more ex
l plicitljlr stated their determination to pre
ventt ejudge from influencing the judg
ment of the jury on what the
testimony proved or failed to prove. It is
i more restrive than the constitutional pro
} visions of any other state. The California
constitution provides that the judge may
Istate the testimony, but our constitution
evidently intends that the judge shall
make no reference to the testimony for the
purpose of informing the jury what it
proves or does not prove, but shall content
himself with declaring the law, for alter‘
the inhibition in regard to his commenting
upon the facts, this negative proposition
occurs, “but shall declare the law.” This
need not hamper the judge nor embarrass
him in giving the jury the law applicable
toacase. He may state to the jury, “if
you find from the evidence that such a
state of facts exists. the law is as follows,”
etc.,or"‘ifyoulind that such a state of
facts is conclusively proven, the law is as
follows,” etc., etc. But to tell the jury
there is no dispute in the testimony on a
certain point, or that anything is eon-1
clusively proven is going too far. The judge ‘
might t link from the testimony that it was ‘
conclusively proven, and the jury might
come to a different conclusion; or the jury
might conclude there was some dispute in
the testimony. It is the exclusive prov
ince of the jury to determine from the
vazidsnaanhatafaetjsmime. soncluswe;
my; or: ushemsemwgegmedm
itestimon‘y, and deteffiiliw“mf§ emselv’es
‘whether there is any dispute in rela
tion to all or any of the facts concern
ing which testimony is offered. It is
no doubt competent for the judge to in
struct the jury what facts are placed in is
sue by the pleadings; that is a question of
law; but the testimony in respect to these
facts, when it is legally submitted, to the
consideration of the jury. must be left to
their undivided and unbiased considera
tion. The argument of the respondent
would have been applicable in the absence
of the constitutional limitation; but this
court must give some effect to a grovision
which is incorporated in the fun amental
lavv oi'lthe state. 7
In view of these errors, without discuss
ing the other errors assigned, the judg—
ment will be reversed and the case re
manded to the lower court. with instruc
tions to proceed in accordance with this
opinion, and it; is so ordgyed: “ _
‘ R. O. DUNnAn, J.
We concur: 'l‘. J. Anders, G. J.; Elmon
Scott, J.; T. L. Stiles, J.
I concur in the result, but desire to say
that Ido not think the language of the
opinion as to the charge of the court was
called for in this case, and in so far as itde
cides that it. is error for the court to in
struct the 'ury that a. certain fact is undis
puted by the evidence or that all the evi
dence as to any fact is on one side, I dis
sent, as in my opinion such instructions
would not contravene the provision of our
constitution. J on»; I’. HOYT, J.
BRAZIL DISIWPTED.
THE LATEST REPUBLH} IN THE
' THROES 01“ DISORDER.
A Dispatch Given Full Details of
the Uprising Against Presi
dent Dnl‘onsecu. ‘
NEW YORK, Nov. s.—The Herald’s Rio
Janeiro correspondent cables as follows:
The light so long maintained by congress
on the one side and President Da Fonseca
and the government on the other, has
reachedaculmination. For quitea time
their difierences over the financial afi'airs
and the measures passed by the legisla
ture were vetoed by the chiefmagistrate
and changes advocated by the president
were voted down by congress. Recently
an attempt was made to curb the powers.
of the chief executive. The fact that Da
‘ Fonseca was a military man led many to
fear or pretend to fear that he might pro
claim himself dictator. To prevent any
such contingency, congress awhile ago
passed a law fixing the process of impeach- I
ment of the president. Da Fonseca vetoed
the measure. His veto was overruled by
congrers. As soon as this liction was
made known to Da Fonseca he became
very much excited and dissolved congress.
Martial law was proclaimed throughout
Rio Janeiro and other states forming the
confederacv. What the end will he no one
can say. The feeling here is one of great
fear of what may follow the dissolution of
congress, It may result in the choice of‘
another president. Da Fonseca was not:
chosen by the people but by congress. In 1
case of an uprising Da Fonseca Will‘
have the army and navy solidly at his
back. The opposition to military rulers
continues very marked. All cable and tel
egraph messages are subject to censorship.
The same is true of news agencies.
Against Liquor Sellers.
HARTFORD, Conn., Nov. s.—Judge Taylor
has decided that wholesale liquor dealers
located outside of the state cannot sell
liquor in this state, without taking outa
[license in such county where the liquor
will be sold.
The Sumn- ’l‘rust.
BALTIMORE, Nov. s.——The control of the
Baltimore sugar refinery passed yesterday
into the hands of a syndicate of New York
and Boston capitalists. It is not known
whether the purchasers are interested in
‘ the sugar trust or not.
A CHILE SEN SATION .
UNEAR'I‘HING OF A BIG POLITICAL
CONSPIRACY.
The Full Details of It Exyoscd to a
\Vell Known Blstoriun~The
Police on the Hunt.
VALPARAISO, Nov. 5.-—Santiago has been
startled by the, discovery of a conspiracy
against the new government with its center
in that city and a branch at Buenos Ayres.
It is alleged $2,000,000 has been subscribed
to carry out the plans of the conspirators.
Senor Juan MoKenna, one of the political
refugees in the United States legation, is
1 accused of‘ being the chief party in the
; moqement. The principal persons con
‘ cerned in it are said to be oliicers formerly
.under Balinaceda but now on parole. The
main object of the consplracy is said to
have been the assassination of Colonel
Canto, commander of the eongressional
land forces. It is said that dice were cast
to decide who should kill him and it fell to
the lot of Lieutenant Colonel Gaudarillas.
of Balmaceda’s army, to do so. The ex
posure of the plot is said to have been due
to the fact that one of the conspirators re—
pented of his complicity in it and informed
Barres Arena. the well known Chilean his
torian‘. Senor Arena made known the facts
to the government. Lieutenant Gnudaril—
las was arrested and taken to prison. The ‘
police are now devoting their energies to
the task of unraveling the plot.
Great indignation prevails both at Sun
tiago and and this city. It is said people
in prominent circles are imfilicated and
the conspirators to the num er of forty
five met at the house owned by Signor Cul
lero. The conspiracy had dprogressed so
far that the committees he. been formed
to carry out the dilferent parts of it. It
had been arranged to have a general rising
against the jlunta. It is reported that ex-
General Va esquez was also one of the
grime figures in the plot. Preparations
ad been made for a conjunction with Bal
maceda’s friends in linenos Ayres. Min
ister Guerrero has received threats from
them.
Minister Egan says there is not; the
slightest truth in the report that, Senor
MeKenna was engaged in conspiracies or
that. any other political refuges at the
United States legatiou were concerned in
it. The steamer Itata. arrived at; Valpav
raise yesterday, and her-officers and crew
wlere most heartily received by the pop
u ace.
The election as president of Admiral
Montt is hailed with much enthusiasm on
allsrdes, as he is popular with all classes.
It Is helieved with the institution of the
constitutional government the questions
now at issue with the United States will be
more calmly discussed and the outcome be
satisfactory to both nations.
FIIESH STATE NEWS-
W. H. Pritchard, of Tacoma, is a candi
date for the U. S. judgeship.
George Kennan, the Siberian traveler-,will
, lecture in Seattle next week.
“A, new building is to take the placevof the
cums ; 9“ i‘m *W‘ilfi ‘N'hwr’aw‘li
. George Williams, in Tacoma was dis
charge on the charge of usmg the mails to
deiraud prospective timber laud locaters,
and was immediately regs-gated upon a
more serious charge, that 51‘ defrauding
Violet E. Hubbard of a S‘Um,,of money,
upon the alleged representaégn that he
represented the Michigan Sy i_cate Lum
ber Company. ’3‘ 3
James 0. Stanley, 3 rancher residing near
Safety harbor, on the Narrgsvs, was lined
1575 and costs in the superior court in Ta
coma for entering the oflice of Walter J).
Rvsher, a. real estate dealer, last summer,
and discharging a revolver at him. Stan
ley is an ex-sai or and claims that he had
been drugged and was crazy, and not drunk
when he lired upon Rusher.
TELEGRAPHIC TALES.
Geo. Hawkesmith Bond, member of par
liament, died today.
The nickname of the emperor of Ger
many is Gondola Willie.
The bullion in the Bank of England de
creased 355,000 pounds last week.
The steamer Rapetia, from New York
for Hamburg, has passed the Lizard.
, The czar, czarina and king and queen of
i Denmark have arrived safely at Lividia.
New York Stock Market.
NEW YORK, Nov. 5. -—— Noon —— Money
easy at [email protected] per cent. Stocks, quiet,
steady to close lowestmorning price. Fours
coupons, 16%; Pacific Gs, 11; Atchison,
42%; Central Pacific, 32; Burliigton,
90%; Denver& Rio Grande, 18; Nort iern
Pacific 26%; Northern Pacific Ereferred,
72%; Northwestern, 16; New Yor Central,
11%; Oregon Navigation, 74; North Am
erican, 17% ; Pacific Mail, 37%; Rock Island,
80%; St. Paul 65 Omaha, 33%; Texas Pa
cific, 11%; Union Pacific, 40; Wells
Fargo Express, 38; Western Union. 81%.
Stood up a ’l‘ralTl of Cars.
OMAHA, Neb., Nov. s.——The Missouri~Pa
cilic train which left Omaha last night was
held up by four masked men at Westside,
a suburb, at 11 o’clock. They; covered the
engineer and fireman with t eir rilles and
revolvers, and by threatening to blow open .
the floor of the mail car With dynamite,
the clerk was induced to admit the robbers.
who plundered the car. The officers re
fused to give any information as to the
amount of money taken, but said large
sums for Kansas City and St. Louis were
secured. It was said to [13%,000 in all.
The Parnell Estate.
DUBLIN, Nov. s.——-All employes of the
late Charles Stewart Parnell, on his Avon
dale estate are dismissed, and the saw mill
and Arklow quarries, which also belonged
to Parnell, are to be sold, only the family
mansion to be retained. Mrs. Parnell, the
| widow of the dead leader was reported yes
terdiity evening to be dying, but this morn
ing enry Harrison. M. P., telegraphs that
the report is untrue.
A Steamship Ashore.
HALIFAX, N. 8.. Nov. s.—The Furniss
line steamship Ottawa, went ashore on
Blond rock, late Saturday night, on her
way from this Bert to St. Johns, N. 8., and
is a. total wrec . Her crew. with the ex
ception of the stewardess, who was
drowned, escaped.
Another—Election Fight.
Coax, Nov. s.~There was another serious
election fight last night between McCar
thyites and I’arnellites. Among many
people injured are Wm. O’Brien, Thomas 3
Condon and John Gilhooley, members of
parliament.
‘ snowing In the South.
CIIARLOTTVILLE. Va., Nov. s,—lt ls snow
ing here today, the earliest for years.
WASHINGTON, Nov. s.——Snow began fall
infz here at an early hour this morning and
te l for several hours.
Proclor’s Resignation.
BURLINGTON, Vt., Nov. U.—~Redlield Proc
tor. who arrived here from Washington,
wrote his resignation as secretary of war
before leaving there and placed it in the
hands of Harrison.
LARGEST CIRCULATION
Of Any Daily Newspaper West of Seattle
and Tacoma.
< EVENING EDITION
POLITICAL POINTS.
THE LEGISLATURE OF NEW YORK
IS REPUBLICAN.
Latest. From Other Stalcs~Some Slg
nlflcuut Comments on
the Election.
PHILADELPHIA, Nov. s.—The Press says:
‘ The accomplishment of such results in a
year following such a democratic tidal
Wave as swept over the country last full,
certainly is encouraging and proves the
strong vitality of the republican party and
its brinciples.
The Enquirer snys: Blaine could carry
Massachusetts next year; probably Hurri
son could. The New York republicans
want Blaine for president and figures Show
that he can carry the state. The west. still
restive—there is one man who can cer
tainly recall every wandering western
state. His name is Blainei
BALTIMORE, Nov. 5.—-’l‘he American says:
The tide which set so heavily against the
republican party in 1890 has already ebbed
and is rapidly flowing in the opposite di
rection so rapidly that a republican tri—
umph in 189; may be reasonably antici
pated. " _ W _ ,
‘ Bos'ron, Nov. 5.-——The Journal says It
lays the republican defeat in this state to
tne fact that their platform was weak on
the school and temperance question. The
republicans needed a lesson and they re
ceived it. The Globe says the Gibraltar of
republicanism by this victory is made dis
tinctly the fighting ground next year by
electing Flower as governor. The Tran
script (republican) says it was a great per
sonal triumph for Governor Russell. I‘he
advertiser (republican) says: It is evident
‘ from the greatly diminished plurality of
Governor Russel, as compared with last
‘ year’s figures that Massachusetts is return
ing to her republican allegiance.
NEW YORK Is DEADLOUKED.
New YORK, Nov. 5. Official returns
show the state senate will stand 17 repub
licans to 15 democrats. The assembly will
probably stand (I'3 republicans to 65 demo
crats, although in one case it will take the
oflicial count to decide.
NEBRASKA wnn’r REPUBLICAN. .
OMAHA, Nov. s,—Oiiicial returns have
been received from 3901? the 9:) counties in
the state, showing a total vote of 35,829 for
Post, republican, and 35.077 for Edgcrton.
Partial returns received from other coun
ties of the state furnish a basis ("or a care
ful estimate of theresult. and this shows
Judge Post’s election over Edgerton by
over (3,000.
M’KINIiEY’S mo MAJORITY.
COLUMBUS, Ohio, Nov. s.*Thc latest fig
ures, with nine counties estimated, and a
few others unofficially made by the repub
lican state executive committee, place Mc«
Kinlcy's plurality at 20,480. The republi
cans now claim from 48 to 50 on joint bal—
lot in the legislature.
NEW Year: Is REPUIILICAN.
NEW YORK, Nov. s.——An Albany special
to the Post says the republicans e, We. a
the le islature 00 of.
this agtemoon, “’ ‘
eter‘fiel‘?“ .Ms’é ‘ .
.. ... a's 2
HaltedeyV'i‘fisfifi «
'bélih bl‘flnmfi'fif'” . . . ,q'... 4,
argue: 1; , Mervin}:
. ‘ 2p '2 WM? HFKW‘W-li. .
CANION, 0., Nov. s.—~Majdr‘ Mei if f
the course of an interview todaiy 112.,£;;ei
“Ohio has gone republican and ac N 3
the result as indicating that this state
will stand by the republican
party with full faith _. in. Its
protection principles as embodied in the
tariii' law, and more than this, Ohio stands.
as she alwa s has, in iavor of a full dollar
and a soundycurrency.n
Why the Grocer Laughed.
Rochester Democrat and Chronicle: She
was a pretty little thing, and itwas plainly
to be seen that she had not been married
long. She tripped into a Monroe avenue
grocery store, and said to the proprietor:
"My husband (there was gtrcat emphasis
on the word husband) bong it a couple of
hams here some time ago.”
“Yes ma’m,” said the grocer.
“They were very nice, very nice, indeed.”
‘,Yes ma’am.” assented the grocer.
“Have you any more like them ?” .
“Yes ma’am,” said the grocer, pointing
toarow of ten or a dozen hanging sus
pended t‘rom the ceiling.
“Are you sure they are from the same
i ?"
p ‘nges ma’am,” said the grocer without a,
quiver.
“Then you. may senn me two more of
them,” and she tripped out of the store as
she trigped in, and the grocer laughed a
‘ wicke laugh.
The recent heavy rains are showing up
numerous instances of poor engineering in
the matter of establishing street grades,
[wil]? gutters and making culverts. The
til 0 eflerson street causes a pond on
Geo. A. Barnes’ block. Poor draining is
causing the Fourth street fill near Qunlce
to wash away, and workmen are today lay
ing a drain to carry the water across Patti
son's orchard. This is only a makeshift,
for when Mr. Puttison imprbves his prop
erty, as he intends to in the spring, the
present city engineer will be in a worse
‘ plight than now.
Metal Furnishing for Court House.
Charles Slemin, jr., is in the city repre
senting the Other: Specialty Manufacturing
company, of labor savinfifdevices. etc., lo
cated at San Francisep. r. Slemin has a
splendid line of samples and druwginfis,
at his room at the Olympia hotel. 113
company will comfete for the metallur
nishings of the "hurston county court
house. It has already fu-nished several
court houses in the state.
Maybe They Refused Him a Puss. -
“Can you tell me,”he asked, as he en
tered an office on Broad street the other
day, “why the raierad should discrimi
‘ note so heavily against dressed meat over
live stock '2” .
“Certainly sir. Dressed meat is dead,
isn’t it?”
"Of course.”
“Well, anything that can’t kick is al
ways bulldozed by a railroad company."
Chlorine Produce Market.
CHICAGO, Nov. 5. Close —— Wheat-
Weak; cash, 94c; May, $1.02%; Decem
ber. 95%0.
Corn—Firm—Cash, 58c; Muy 44c. .
Outs—Steady; cash, 32c; May, 33c.
Barley——Qmet; [email protected]
slll’tégk—Dull; Cash, 138.37%; January,
Loni—Dull; cash, $6.10; January, $6.25.
The Street Men Struck.
There has been more or less anxiety to
day by the holders of city warrants, owing
to the inability to get them cashed. Near
ly all of Street Commissioner Messegee’s
iorcelaid down their ehovels and refused
to do any more work.
Woman’s Relief Corps;
There will be a regular meeting of the
Woman’s Relief Corps tomorrow (Frida )
at Zg’clock p.m. A full attendance is d’e-
Sire .
Trouble for the City.

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