St. Paul daily globe. [volume], April 26, 1891, Image 1

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THE BEST WANT DIRECTORY!
VOL. XIII.
MB. REAGAN RESIGNS
The Texas Senator Sends His
Resignation to the Gov
ernor.
He Will Become Chairman of
the Texas Railway Com
mission.
Horace Chiltan Will Succeed
Him in the United States
Senate.
Secretary Noble's Views on
the Construction of Home
stead Laws.
Avrtis, Texas, April 25. — United
States Senator John 11. Reagan has re
signed to become chairman of the state
railway commission. He has sent his
resignation to the governor and lias
notified the president of the senate of
the fact. His resignation takes effect
June 10 next. Gov. Hogg, upon the re
ceipt of the senator's resignation, an
nounced that he would accept it and
would appoint Senator Reagan chair
man of the railway commission. He
*lso announced that he would appoint
Horace Chiltan, of Tyler, to succeed
Senator Reagan. Mr. Chiltan is a law
yer, thirty-seven years of age, and is
regarded as the most eloquent orator in
the state.
XOBLE DEFINES IT.
\ Knotty Point in the Homestead
Law Explained.
Washington, April 25.— Secretary
Noble to-day communicated to Com
missioner Carter his views as to the
proper construction to be placed upon
the proviso in section 7 of the act entitled
"An act to repeal the timber culture
laws and lor other purposes" approved
March 3, 1891. This opinion is of great
importance to the public land states, in
asmuch as it determines the question
as to what point of time the words
"when there shall be no pending con
test or protest against the validity of
sucli entry" apply; whether the contest
or protest to prevent the issuance of the
patent until disposed of must have
been pending before the lapse
Of two years from the date of
the issuance of the receiver's receipt
upon the final entry in cases existing,
and where the two years had elapsed
belore the act of Match ." took effect, as
well as in those afterwards. Many thou
sand homestead, desert land, pre-emp
tion and timber culture entries are in
volved in this opinion. The proviso in
question is as follows:
"Provided, that nfter the lapse of two
years from the date of tiio insurance of tic
receiver's receipt upon the final entry of any
iracl <>f land under (he homestead, timber
culture, desert laud or Dre-emption laws, or
under this act, aud when there shall be no
pending contest oi protest agaiusl the valid
ity of such entry, the entryman shall be en
titled to a Dalent convevine the Imul by him
euiered, and the same be issued to him:
but this proviso shall not be construed to re
quire the delay of tw«i years from the date of
said entry before tin" issuing of. a patent
therefor."
After making reference to the stats of
the law and facts existing at the time
the present act was passed, and after
Quoting section ;! of the act approved
May 14, 1880, the secretary says: "It
thus appears that if the statute "of March
i were lo be construed to invalidate all
contests or protests not filed within two
year.- alter the dale of
'Flic Filial Receipt
am! betore this statute took effect, the
result would be that many thousands of
fraudulent claims would go to patent
it further question being possible,
although contests or protests wen;
legally pending at the date of this act,
and with a great loss to many citizens
who. relying upon the statute of May
14, ISSO, have invested their money and
spom their time in an honorable pur
to obtain a home, against
those who had fradulently seized
upon the land. Jt is true that if the
language of the act clearly and distinct
ly expressed this purpose there is noth
ing in the nature ol a contest or protest
that would protect it from tho effeel of
the law intended to destroy it. It is ad
mitted as has often l>ecu decided in this
department, that the preference rijiht
of a contestant rests upon procuring
the cancellation of the entry: that after
such a preference rijdit is acquired,
it cannot be assigned; that it does not
operate to reserve the land from con
trol of congress during the period al
lowed lor the exercise of such right;
that the right is personal, and that it
terminates with tlie death of the con
testant. .But a contest has been as it
still is. a proceeding not only allowed
but invited by congress. It is stat
utory means of acquiring a homestead
or othey claim against an illegal
entry fend is thus rewarded, if
successful, to preserve the public do
main for honest settlers. To so con
strue the present act as to annul, aud,
as it were, wipe out all those contests
and protests existing before March:;,
1891, not Bled within two years from the
issuance of final certificate, would
amount substantially to a repeal nro
tauto <<f the statute ot .May 11, ls.su. But
a statute cannot be legally held to be
repealed by implication, and least of
all, it may he added, where it would
allow patents to issue in so many cases
where the experience of the department
leaves no reason to doubt
Fraud Hue* Been Practiced
upon the laws regulating land entries
and which can be pi oven it the contests
and protests are allowed to proceed to a
hearing. Ii it had been the purpose of
congress to provide that the contest or
protest must be pendiue within two
years after the receivers receipt
upon the final entry in all cases
before the .statute of* March 3, 1891,
as well as after, it certainly
would not have used so ambiguous a
term as we here find, indeed the
language is so loose that it requires a
liberal construction to give it effect,
even upon subsequent contests, for say
ing that after two years from issuance
of final certificates, when there shall be
no contest pending a patent shall issue
does not declare thai the contest must
be pending within the two years. Such
is not the language of statutes of lim
itation usually. But no dispute exists
that if there is no pending contest filed
within the two years from the date of
the receiver's receipt upon the final en
try where the limited period expires
after the date of the act. the entryinan
Will be entitled to his patent, although
the period may elapse within a day
after that oil which the act was ap
proved. As to such cases' it must be
held to be a statute of limitation,
although carelessly worded. The
language is. "when there- shall be no
pending contest or protest against
the validity of such entry." There is
cs^^=g§gjsS^>v^
no sufficient reason to say that tins
means pending before the lapse of two
years. It would affect.|as we have seen,
many meritorious cases and many inno
cent parties. Jt should not be held that,
as to the-past, it was intended to be a
statute of repose, when the records of
the department prove that a vast
number of lrauds upon the
United States would be smoth
ered by the construction. To
do so would favor fraud much more than
secure repose to the honest man. The
makers ot this law were well acquainted
with the situation of affairs", the land
laws have been the subject of great dis
cussion for many years in and out of
congress: the committees on the public
lands are distinguished for their indus
try and intelligence, and they
Were Fully Aware
of all of the facts that have been
stated here. Had they desired to ac
complish the purpose that is claimed
by some this act does accomplish as
it reads, they shonld and doubtless
would have used language too plain and
direct to require construction. On the
contrary, they use the present participle"
in this clause, and say, "Where
there shall be no pending con
test or protest" — meaning there
by clearly, J think, pending
tnen presently at the date of this act, as
it was not intended to be limited to con
tests or protests pending within two
years after the date of the final receipt,
when the case had arisen before the
present act took effect and the two
years had elapsed. The statute thus
becomes one of limitation as to the
luture, without overthrowing the
pending contests or protests. When
the two years did not terminate
before the date of the act
the contest or protest to be vaiid must
be filed within the two years. There is
no force, 1 think, in the point that the
statute enumerates cases arising under
timber culture or pre-emption laws, for
these laws, although repealed by the
present act, have been efficacious to in
augurate entries which either have pro
ceeded to final entry or may yet
do so. No new cases can arise
under the timber culture or pre
emption laws, but it was neces
sary that this act should notice them to
cover the whole ground. Neither does
the proposition seem a sound one that
by this statute it was intended to ex
pedite the public business and issue of
patents long held back by contests. In
my judgment the way congress must
expect to have patents issued is by
furnishing a sufficient clerical force to
accomplish the work, and not by sud
denly rushing exeat masses
of cases to patent, although
contests legally instituted are pending
and in which experience leaves no
reason to doubt fraud exists. To thus
reward the fraiid^Aiid squander the pub
lic lands could not have been the pur
pose of our national legislature. These
arc my views upon the law presented
and ail the points that 1 deem it neces
sary lo discuss.
KKDEMPTION DISCONTINUED.
Secretary Foster Stops Payment
of \}.u Per Com Bonds.
Washington, April 25.— Secretary
Foster to-day issued the following circu
lar discontinuing the redemption of 4!i'
per cent bonds: "With a view to
reserving the residue of the. 4 1 .< per cent
loan for adjustment within the fiscal
year which begins on the Ist day of
July next, public notice is hereby
given that redemptions of that loan
will be discontinued for the present;
and the circular of Oct. 9, 1890, under
which redemptions have been made,
is hereby rescinded. Due public
notice will hereafter be given
of the action of the department with re
spect to the )•. per cent bonds." This
action, taken by Secretary Foster, is be
lieved to be the first of a series of meas
ures intended to put the treasury in con
dition to meet the loans of several Da
lions, which are expected to tail due be
fore congress reassembles.
PLEM'Y OF CASH.
No Probability of Any Government
Obligations Being Dishonored.
Washington, April '25.— Edward O.
Leech, director of the mint, has this
much to say about the condition of the
United States treasury: The amount of
money in the treasury of tnc United
States on the lirst of this month was
0ver 5751,000,000, of which $498,000,000
was "trust money," held for the re
demption of gold, "silver and currency
certificates, and the balance of $258,
--000,000 belonged to the treasury juntas
absolutely ns any property which the
government owns, llow there can be
any possibility oi the government failing
to meet its obligations" with this immense
sum of absolutely free cash on hand is
difficult to conceive. I hold that the
government of the United states has in
its vaults to-day, in good hard money,
$258,000,000 available for any of the
legitimate expenses of the government,
and that it is ridiculous to talk about
there being the slightest probability of
any obligation of the government being
dishonored.
IiYVCHED BY SOLDIERS.
The Murder of a Comrade Is
Swiftly Avenged.
Wai.i.a Wai. i. a. Wash., April 25.—
D. J. Hunt, who murdered Private
Miller, was lynched last night by
soldiers and fell in the court yard
riddled with bullets. The sheriff
received intimation that there
would bo a lynching, and in
company with the prosecuting attorney
went to the garrison and told Col.Comp
ton what they feared and asked him to
assist him. This he promised to do by
liHving check rolls called after taps.
The sheriff returned and engaged a
a number of extra guards, but all of
them had not arrived when a
crowd of probably seventy soldiers
appeared and demanded that the officers
open the doors of the jail. When this
demand was refused the soldiers began
work on the door with hammers and
chisels. Finding this slow work they
threatened to use dynamite. Further
resistance being useless the doors
were opened and thirty or forty
cocked revolvers were leveled at the
heads of ail inside, and the keys to the
cells demanded. These, were given
them, and when Bunt's cell was shown
them they quickly took him out into the
court bouse yard and shot him. Excite
ment was intense, and a crowd of 2,000
peopie surged about the street in front
of the jail until after midnight. Im
mediately after the shooting the
soldiers went to their quarters,
and it will be difficult to identify
those .'oncflrned in the shotting,
though many of them were not mas'ced.
The soldiers actually took charge of
the town, and would allow no one to
pass aluiig the streets in the vicinity of
the jail. They compelled merchants to
put out lights. Hunt, who was a gam
bler, met Miller last Wednesday night
m a saloon. The two began drinking,
and soon became involved in a quarrel,
liunl drew his revolver aud fatally shot
the soldier.
Movements of Steamships.
(Jveexsitowx. April 25.— Arrived: Etruria,
Now York for Liverpool.
New York, April %\— Arrived: Umbrla,
from Liverpool, and Augusta Victoria froii
liumbuij;. ~
ST. PAUL, MINN., SUNDAY MORNING, APRIL 20, J891. --TWENTY PAGES.
THE BRIEFS ARE LONG
Lengthy Arguments of Coun
sel in the Famous Sayward
Sealing" Case.
British Want a Writ of Pro
hibition to Prevent Con
demnation and Sale,
Jurisdiction of the United
States Over the Fisheries
Questioned.?
The Argument of the Case Is
Postponed Until the 19th
of October.
Washington, April 25.— The case of
Ex-parte Thomas Henry Cooper, owner
of the schooner Sayward, brought at
the suggestion of the government of
Great Britain to test the question of the
jurisdiction of the United States over
the seal fisheries in Behring sea. which
has been in dispute between the two
governments during several adminis
trations, has been postponed by
the supreme court of the United
States until Oct. 19th, next,
when argument will begin. The
case is before the court in the form of a
petition on behalf of the owner of the
Sayward for a writ of prohibtiou to pre
vent the United States district court for
Alaska from proceeding with the con
demnation and sale of the vessel under
a decree of forfeiture by the court for
violation of the laws of the United
States, prohibiting the taking
of fur seals within the wa
ters of Behring sea. It is sought
by the British government to secure in
this manner an opinion from the high
est judicial tribunal of the United
States to exercise jurisdiction over the
sea more than three miles from land.
There is a contention on the part of the
United States that some of the seals
may have been taken by the Sayward
within the three-mile limit, but not
much importance is attached to this
claim, so that if the court decides the
question on its merits, aside from legal
technicalities, it would constitute, so far
as this country is concerned, a judicial
determination of the long-pending dip
lomatic controversy.
Calderon Carlisle, of this city,
counsel for the Canadian government
in the case, bases the principal points
of his argument in favor of issuance by
the supreme court of the United States
of a law of prohibition upon the district
court of Alaska, where the proceedings
were had which resulted in the seizure
of the
Driti<*h Schooner Sayward,
on the following grounds: That this
court has the judicial power under the
constitution and laws to issue the writ
of prohibition to the district court of
Alaska in this case, if it be shown on
the lace of the proceedings that the
district court of Alaska has proceeded
without jurisdiction or in excess of
jurisdiction. That In determining what
are "the limits of Alaska territory and
the waters thereof," and what is the
dominion of the United States in the
waters of Behring sea, this eouvt can
only look to the laws and treaties of
the United States and the laws of na
tions. That this court is authorized and
I'm powered by section (;*">, K. S., in the
exercise of the . appellate power con
ferred by the constitution, directly to re
vise ami review, in this case as a supe
rior court. the proceedings of the district
court of Alaska, as an inferior court of
limited jurisdiction. In the face of the
district court of Alaska it appears, as
alleged in the petition, that the British
schooner \V. P. Say ward was,
in time of peace, seized on
the high seas fifty-nine miles from
ny land, by a public armed vessel of
ahe United States, forcibly carried into
tthe territorial jurisdiction of the dis
trict court of Alaska and delivered to
the United States marshal, and while in
such custody was, by the attorney of
the United States, libeled, and by "that
court condemned as forfeited for acts
claimed to have been committed more
than ten miles from any shore of the
United States. That the place of seiz
ure and all positions of tiie
vessel when the acts complained
of were committed, were without the
jurisdiction or the United States and its
court. That the subject matter of the
proceedings in the district court of
Alaska being the conduct of the vessel
of a foreign nation on the high seas,
outside the territorial limits of the
Jutted States, was beyond the jurisdic
tion of the district court and ot the
sovereign which created it, and no
waiver or consent could confer jurisdic
tion. Jn conclusion, the coun
sel argues: Unless the court shall
find, what counsel's research has
failed to discover, some controlling
principle of the law which requires it to
ignore a fundamental want of jurisdic
tion, disclosed on the face of the pro
ceedings of an inferior court subject to
its direct authority and controlled by
the want of jurisdiction being in the
sovereign which created both this court
and the inferior court— the writ must
issue."
The brief of
Attorney General miller,
representing the United States govern
ment, which will probably be tiled Mon
day, sets forth the position of the Unit
ed States as follows: The petition lor
the writ should be denied for the fol
lowing reasons: Prohibition will not
issue after sentence unless the want of
jurisdiction is disclosed on the lace of
proceedings. The final record, under
section 75'J R. S., set forth in the return
herein, is the face of the proceedings and
lull jurisdiction to enter a decree ot con
demnation of the Say ward there appears.
In the testimony as shown in the ap
pendix to the petition, there is evidence
from which a trial court might have
inferred that the Sayward took seals
within the three-mile limit If this was
a jurisdictional fact, the decree of for
feiture conclusively establishes it. The
fact that the seizure was made outside
the territorial jurisdiction of the court
and the country cannot affect the power
of the court to adjudge a forfeit
ure for an offense committed
within its jurisdiction, first, because
the objection was waived by voluntary
appearance of owner to defend: second,
because the tortoise character of the
seizure cannot avoid a decree founded
on a punishable offense; and third, be
cause a seizure on the hleh seas for an
Offense cqrail}Ut,ed within the munic
ipal jurisdiction is lawful. The ex
ecutive has maintained, first, by
actual seizures, of British ships,
hot disavowed: and, second, b^
a claim asserted in diplomatic
correspondence frith Great Brjtalu.
that the Vy.ited. States ljas territorial
jurisdiction over the waters of Bering
sea to the extent of at least 100 mlls
from the Alaskan, shores, for the pur
pose of preventing ineextermlnatloVof
Scoi oy arresting and punishing those
engaged in such work. His action has
been ratified by congress. The ques
tion of sovereignty and national
jurisdiction is political, and is pri
marily for the executive or con
gress to decide. A position assumed
by either as to national jurisdiction is
conclusive upon the courts in their con
sideration, of either public or private
rights. The position taken by our gov
ernment in regard to its jurisdiction
over Behring sea establishes conclus
ively for this court that the place of
seizure and seal taking was within the
territorial jurisdiction of the United
States, and therefore of Alaska courts
MOEN-WILSON MYSTERY.
The Former Paid the Latter to
Hush Up a Crime.
Cambbidge, Mass., April 25.— George
M. Kice, a painter by trade, town con
stable and prominent G. A. R. man, and
who is Dr. Wilson's brother-in-law,
talked to a reporter about the Moen-
Wilson mystery, and said that Wilson
after receiving his first money from
Moen, told Kice the secret which en
abled him to set the cash. Wilson had
been an eye witness in a stable, of a
crime which Rice would not name, hav
ing promised not to do so until after
Wilson's death, but which, he said, wa~
one punishable, under Massachusetts
state laws, by twenty year's punish
ment, and for which but two
or three prosecutions have been de
cided in this state, and those old cases.
"The crime itself," said Mr. Kice, "was
neither murder nor conspiracy regard
ine patents, nor had it anything to do
with the mysterious disappearance of a
Hungarian, alleged to have been an in
ventor of barbed wire fencing, nor any
of the alleged unlawful acts that have
been hinted at in print. This crime
that prompted the senior Moen to give
Wilson nearly $500,000 was not commit
ted by Mr. Moen, nor did he know any
thing of it in advance. On the contrary,
the only motive that inspired his action
was the protection of the family name.
If he had kickea Wilson out of the
stablewhere the crime occurred,probab!y
that would have saved him the large
sums of money that he afteward paid
out. There was nothing In any of the
Moen-Wilson transactions that reflected
in any way on the character, honesty
and upright manhood of the deceased.
The crime as committed was probably
inspired by unsound morals and indis
cretion, rather than by criminal intent
upon the part of the person who com
mitted it.
Mr. Rice said he had no doubt that
Wilson had obtained funds from Mr.
Moen, and that the latter's death had
closed that source of revenue, Wilson
would return to Massachusetts.
NOBODY HURT.
Attempted Elopement, Murder
and Lynching Fail.
Wahoo, Neb., April 25.— Intense ex
citement exists here over an attempted"
elopement resulting in an effort to com
mit murder, followed by an active ses
sion of Judge Lynch, and concluding
with the arrest of ten prominent
citizens for mob violence. Mrs. Frank
Burgess, wife of a leading stockman,,
had, it is asserted, become infatuated
with C. E. Freeman, an Implement man,
and, securing a large sum of her hus
band's money, is alleged to have started
for the depot to meet Freeman and
leave the city. The couple were over
taken and the wife teturned to the
her home. In the evening Freeman is
soid to have secretly entered the stock
man's house, and" when supper was
served Burgess was taken violently ill
from the effects of poison. Supposing
him to be dying and that Freemen
had administered the drug, a mob
gathered and secured the imple
ment man at the muzzle of a dozen
revolvers. Preparations were made to
hang Freeman, but the husband recov
ered and begged that the man honld not
be killed. Ten citizens who were in the
mot) were subsequently arrested for at
tempt to murder.
BYRNES KNOWS HIM.
The Inspector Says He Knows the
American Jack.
New York, April 25.— Deputy Cor- :
oner Jenkins concluded the autopsy on
the remains of the woman murdered by
"Jack the Ripper" this afternoon.
The only fact of importance was the
disclosure that the mutilations were
evidently made while the woman still
lived. And it was apparent from the
struggles that the poor wretch pre
vented the butcher from fully complet
ing what he originally intended— the re
moval of certain organs, which had been
partly torn, but not removed, as in
the case of the Whitechapel murders.
It was not possible, the coroner
said to determine whether death re-"
suited from strangulation or from the
other wounds inflicted. ' Inspector
Byrnes to-night made a statement to
reporters to the effect that while the
police have not yet arrested the mur
derer, yet they know whom he is tod
hope to have him In custody before 1
long. The murderer, the inspector
says, is r cousin of "Frenchy," or Fran-,
cois Au Algerion, who was arrested last
night. This man's name is not known,
but his face is not unfamiliar to the po
lice. It is not known that Frencfay
spent Wednesday night with the mur
dered woman, and staid at the hotel on
the night that his cousin perpetrated
the horrible deed. It is not known:
whether he knew of what was going on
or not; he was alone.
TIPS. FROM THE WIRES.
The strike of Union Pacific employes In
C olorado has been settled.
Last evening Enos 11. Xebcker took the
oath of office us treasurer of the United
States.
The cotton factory of Pierce, Atkins & Co.;
Cincinnati, was damaged by fire to the ex
teat of SIQ.OOO. ;.
Mrs. Susanna kelson, one hundred and
twenty-eight yeftrs of age, died in Washing
ton, D. C, yesterday. /**
Matters were comparatively quiet In the
coke regions of Pennsylvania yesterday
There were no evictions.
Omaha will probably get the quadrennial
conference of the l$. lh ° aiSt Episcopal
church, to be held in ISir. 1 . y
Reeve* Lewis, secretary of the Xcw Or
leans Street Railway company, stole SIO.OOO
from his employers and then blew out his.
brains. ~ :
The treasury department will take no ac-'
tion in the Couzins. case until it is called'
upon to approve the vouchers of the lady"'
managers of the world's fair.
The employes of the Michigan Car -works
of Detroit, to the number of 2.500. went out on
a strike yesterday. They demand nine
hours' worK and ten hours' pay.
Charles H. Nichols, of the defunct Nichols
bank, of Kansas City, has been acquitted oa
the charge of fraudulently receiving- de
posits on the day the bank failed. o» *i
Mrs. Josephine B. Barnaby and Mrs. G. SL
arrell, of Denver, drank vrhislcy contain!
ing poison sent them through the mail. Mri
Barnsby died, and Mrs. Warrell is not e3
Eminett Wells, the leading merchant of
Rushville. Mo., was soot by an unknown
person Friday night. It Is thought he will
die. Doh Icott, his nephew, has been ar
tested suspicion.
V}s ' presidential party; proceeded from
rr§sno to fcdu Francisco, where it will re
gain over Sunday .The celebration in San
irapeisco gorgeous and enthusiastic."
lii a pitched battle between five robber*'
audaj-osse_of citizens, near Atalla, Ala., j.
& Wilson, a citizen, and William Bently.one
of the outlaws, werfc fatally shot.
PLENTY HORSES' FATE
Yesterday's Evidence Indi
cates That He Will Adorn
a Gallows.
An Uncle of the Prisoner Tes
tifies Positively As to the
Murder.
Plenty Horses Deliberately
Shot Casey in the Back of
the Head.
The Argus Board Likely to Be
Controlled by the Hill
Interest.
Special to the Globe.
Sioux Falls, S. D., April 25.—Her
bert E. Welch, secretary of the Indian
Rights Association of Philadelphia, has
telegraphed to the attorneys for Plenty
Horses that funds would be furnished
to defend the accused murderer. The
day was devoted entirely to the presen
tation of evidence by the government.
Dr. Teneycke, of Ft. Lea worth;
Whitemoon and Rockroad, the two
Cheyenne scouts who accompanied
Casey on his ride to death, and
Bear-That-Lays-Down, were each ex
amined. The last witness is an uncle
of the prisoner, who conveyed the wish
of Casey to Red Cloud's camp on the No
Water. On returning he brought Pete
Ricord, a son-in-law of Red Cloud, who
told Casey that tlie|chiefs would notcome
out to see him, as the Indians were ex
cited. "Very well,' said Casey,
'•I will return." The witness
testified that they were six in all
on the prairie together forming a circle
Plenty Horses, Casey, Ricord, White
Moon, Broken Arm and himself. He was
facing Casey and the prisoner, when
P lenty Horses backed his horse about
fifteen feet and deliberately leveled his
gun, shooting Casey in the back of the
head. Casey reeled and fell off dead,
while the prisoner galloped his horse to
trie woods and He d Cloud's camp. This
testimony was decisive, and the witness
being the uncle of the accused, it will
have its effect on the jury.
THE ARGUS FIGHT.'
Hill Seems Likely to Get in Con
trol. .
Special to the Glodc
Fakoo, N. D., April 25.— The order
compelling E.C. Faulkner to show cause
why he should not issue a proxy to Maj.
Edwards tp vote the stock held by him
as trustee in the Edwards-Hill deal oil
the Argus was returnable to-day, and it
was expected an interesting session
would be held at the court, but Judge
McConnell is still visiting In Indiana,
and the order went over. The election
of new directors of the Argus company
is ordered for Monday next, and if
Faulkner is here to vote the slock and
Judge McConnell has not returned by
that time, it seems likely that the Oill
interest will have control of the Argus
board.
pinch THE PIGS.
Fargo Gets an livening of Wild
Excitement.
-Special to the Globe.
Fargo, X. D., April 25.— blind
pics were seized here to-night by Sher
riff-.McLaren and his deputies on war
rants sworn before State's Attorney
Rose and issued at 8:30 to-night. Sev
eral others have been running here
wide open, but only two warrants were
issued. It is said on the street to-night
information was furnished Rose by
whisky men either here or in Moorhead,
who found their trade being injured.
The . names of the parlies whose
places were pulled are Thomas
Krdel and John Mason, both on
Broadway. A lar^e number of men
were in each place, but none were ar
rested. Mason's barkeeper turned out
the lights to let his customers escape,
but the sheriff made him hold up his
hands be. for he could destroy the liquor.
Mason's place contained five barrels of
beer, four jugs of whisky, live bottles
of whisky and one bottle of gin. Mike
Sheridan was placed in charge. The
building was owned by Roe. of New
York. The agent is J. P. Clapp. Er
del's place contained two demijohns of
whisky, one bottle of whisky, one bot
tle of gin, four barrels and two cases of
beer. Pete Roach was placed In charge.
The property Is owned by Vidger and
Lewis. All other places are closed to
night.
THE WIDE-OPEN POLICY.
Emphatically It Does Not Go in
the Zenith City.
Special to the Globe.
Duluth, April 25.— The business
men of the city have been agitating the
question of adopting a more liberal
policy toward the saloons. The lum
bermen all do their trading at West Su
perior, because they find the conditions
over there ' more congenial to their
tastes. They can get a drink at all
hours of the night and on Sunday. In
Duluth it is different. All classes of
business men appear to be, or pretend
to be, suffering under Mayor Davis'
strict Puritanica} administration, and a
large delegation waited upon his honor,
asking him to close his eyes to the fact
that saloons are open after 11 o'clock.
Last evening the common council met a
large number of representative gentle
men at the city hall. The sentiment,
however, against a wide-open policy,
was so pronounced that the advocates
of it backed down completely, and said
that all they wanted, after all, was to
: agitate the question of building a large
amusement hall or theater where enter
tainment could be had at popular
prices. ■ -
" Train "Wreckers Caught.
Special to the Globe.
Savk CEN-TER,Minn.,Aprll Sher
iff Hammerell and his deputy, Thomas
J. Murphy, came in from West Union
at 10 o'clock to-night, having in charge
Charlie Bedell and Fred David, the two
men who tried to wreck the Great
Northern train last Wednesday night.
Bedell has until recently lived in this
. city, and has always been considered a
reckless, dissipated fellow. Davis lives
at West Union. They will be taken to
St. Cloud jail to-pight. : Sheriff Ham
merell states that he has sufficient evi
dence to convtct them of the terrible
deed attempted.
Many Bad Men Convicted.
Special to flie"Giob?r " ' *?£££££!*<??.
Babbdk, Wis., April So.-The term
of circuit court just'etosed here lias no
parallel in the county history for crim
inal convictions. Eight men were sent .
to the state prisou, one each for man
slaughter, arson, adultery and embez
zlement, and four for burglary, for
terms of from one to five years,- and one
to the county jail for larceny. '-■
DEVKRE HANGS OX.
A Queer Quirk in the Laws of
North Dakota.
Special to the Globe.
Grand Forks, N. D., April 25.—
When Col. Bentley, of Bismarck, re
cently appointed by Gov. Burke as ad
jutant general, yesterday made a formal
demand on Gen. Devere, of this city,
who holds the office of adjutant general
by appointment from Gov. Miller, for
the papers and books belonging to
the office. Gen. Devere declined,
holding that he is still the
legal official, and cannot be removed
except for cause by court martial. His
claim appears well founded, the state
constitution providing that "the com
missioned officers of the militia shall be
commissioned by the governor, and no
commissioned officer shall be removed
from office except by sentence of court
martial, pursuant to law:" also section
6 of the military code, "All commissions
shall be issued by the governor, and no
commissioned officer shall be removed
from office except by sentence of court
martial." These provisions have been
entirely overlooked. Gov. Burke made
new appointments of all the commis
sioned officers, and the rule will also ap
ply to them.
Killed by a Train.
Special to the Globe.
| La Cbosse, Wis., April 25.— When
Burlington Freight No. 19 arrived at
Grand Crossing last night the engine
trucks were discovered to be bloody and
with fragments of flesh sticking to
them. Inquiry was made and the fact
disclosed that William Davis had been
killed by this train at Stoddard, ten
miles south of this city.
Several to Be There.
Special to the Clone.
Yakkton, S. D., April 25.— President
Purdy, of the world's fair convention
committee, is in receipt of letters from
forty-seven points in the state contain
ing the information that delegates have
been elected to the state convention to
held at Yankton, May 27. and he esti
mates that not less than 600 delegates
will be in attendance.
It Registered 02.
Special to the Globe.
Aberdeen, S. D., April To-day
brought the warmest weather ever
known hereabouts in April, 92 deg in
the shade. The weather has been very
warm for several days, and vegetation
of all kinds fairly jumps forward.
Minneapolis Man Injured.
Special to the Globe.
Fakgo, N. D., April 25.— E. F. An
drews, a Minneapolis traveling man,
driving near Havvley this afternoon,
was thrown from a buggy and had his
leg broken. He- is now here, at the
Columbia hotel, iv care of Dr. .Wears.
Rouse Gobbled Up.
I Special to the Globe.
Farjbault, Minn., April 25.— The
residence owned by J. D. Green, and
occupied by Rev. Poole, was destroyed
by fire this evening. Loss. $2,500.
Residence Burned.
Special to the Globe.
Devil's Lake, X. D., April 25.—
Robert TufTenl's house and contents,
eight miles north of this city, were de
stroyed by.Gro yesterday. The loss is
§1,000; insurance, $300.
JOINT TARIFFS
Of the Rock Island and AtcTiison
With the Pan .Handle.
Chicago, April 25.— A month ago the
commissioners of the Western Traffic
association decided that the Rock
Island and the Atchison roads
possessed an undue advantage over
their competitors by reason of
their joint tariffs with the Pan Handle
road on the traffic from Chicago to
Western points. The Pan Handler's
participation in the shipments is simply
to switch the cars from the factories to
the tracks of the two roads named, and
yet for this service it is allowed a pro
portion of the rate considerably
in . excess, of the regular switch
ing charge. The Hock Island and the
Atchison were ordered to cancel these
joint tariffs as early as April SO. Both
companies appealed from the decision
of the commissioners, and the matter
would have come before the advisory
board nt the meeting of April 1
had not such meeting been post
poned. As the adjourned session
of the advisory board will not be held
until May 6, the board of commissioners
has issued a circular announcing that
the time fixed for the cancellation of tire
joint tariffs be extended to May SO. On
the application of the Southern
Pacific company the commission
ers to-day ordered an increase
of $5 in the rates for second-class
tickets from Pacific coast terminals to
the Eastern terminals of the Transcon
tinental lines, and an increase of $10 in
the rates for six months' excursion tick
ets between the same points, such rates
to become effective on a date to be fixed
by the chairman of the Transcontinental
association.
m
EVIDENCES OF MURDER.
Two Mutilated Bodies Found in
the Streets of Kansas City.
Kansas City, April 25.— Two boys,
while playing in a creek at Kansas ave
nue and Fifty-first street, found the end
of a gunnysack sticking out of the
mud. They dug around the sack
and uncovered another sack. Each
sack contained a mutilated human body.
The coroner was summoned, and h*e
had the bodies removed to undertak
the bodies removed to an undertak
ing establishment. One of the bodies
was that of a negress, It was cut in
two at the middle, and was badly muti
lated. Both legs, arms, and a part of
the trunk of the other body was found.
The head was missing. It has not
been determined whether the lattetr
body was that of a man or woman. It
was at first thought that the bodies
were subjects of medical students, but
the coroner professes to believe that
they are the evidences of murder.
Unlimited Tickets.
Chicago, April 25.— 1t is officially an
nounced to-day that the lines in the Ce
ntral Traffic association will discontinue
the use ol unlimited tickts May 13. The
Western Passenger association cannot
take such action until the Alton boy
cott is over, for although the Alton is
one of the originators of the movement
to abolish unlimited tickets, it will prob
ably withhold its consent to the ar
rangement until peace has been re
stored. /#: *
Sub Rosa. .
Puck.
Miss de Meuor— George Wynoopner
talked shooKinjrly to me last night.
Miss de Mulf— What made you sub
mit to jt? .-■•— -;y^Mr--*- -■••.
Miss Meribr— Oh, it's so becoming
to me to blush, ■- ...
FAILING OF G/ESAR.
The Unchained Ambition of
the Brainy Sage Again
Breaks Loose.
Does He Scheme to Hand Over
the Alliance to Senator
Merriam,
While He Will Be Governor
and Then Battle Wash
burn?
Present Indications Are That
the Alliance Will Split
in Twain.
Although a full year must go by be
fore the troubled sea of Minnesota poli
tics is stirred very deeply, the fact re
mains there is a vast amount of politi
cal figuring being done at the present
time. This may be due to the fact that
the legislature has just adjourned, aud
then again, it may be because of the
coming meeting of the Farmers' Alli
ance. This meeting, while too far in
advance of the next campaign to exer
cise any great influence over it, is likely
to be productive of very serious compli
cations—so serious, indeed, as to cut
the great Alliance party of a year ago
squarely in two.
It has" long been apparent to every
close observer of current politics that
the governor of the state is very anxi
ous to win to his support a portion, at
least, of the Alliance vote, and in this
project he has had one able and untirine
lieutenant, the Sage of Niniuger. >iore
than a year ago the Sage, standing in
the background, caused the governor to
be given an opportunity to address the
annual meeting ot the Alliance. And
what was the result? Instead of a
speech filled with platitudes anent the
farmer, farming and the general
condition of the state, Gov.
Merrlani surprised everybody by
making a square-toed low taritt speech,
telling the fanners that the causes of
their woe could all be centered in the
tariff. This pleased the Democrats of
the state wonderfully, Out it did not se
cure the governor what the Sage had
calculated on— an indorsement by the
organization. The fanners, while ap
proving Gov. Merriam's sentiments, had
evidently heard of
The Old Adage
winch says,"beware of the Greeks bear
ing gifts," and they declined to swallow
the bait thrown out by the Sage and his
excellency, attractive though it looked.
The Sage himself is now determined
to hie himself back to tne Republican
party. Evidence of this is not hard to
lind: indeed, one need go no farther
than the last or next to the !aht caucus
of the Alliance members of thetsenate,
when, in discussing the election of a
speaker pro teni of the senate, the Sage
openly declared in favor of going in
with the Republican senators. He was
outvoted by his fellow senators, who
were decidedly opposed to any coalition
with the majority party.
Straws show which way the wind is
blowing; however, and there are few
Alliance senators who doubt that the
Sage will be found in the Kepubiicau
cam u in 1892.
The first move of the Sage after the
close of the session goes far to confirm
the statement that be is working in har
mony with the governor. It was the
action of the executive committee of the
Alliance which first passed resolutions
denouncing Carrington Phelps, the
chairman of trie Alliance state central
committee, and the very next day re
solved that this committee was merely
a temporary organization, and that
it was In all things subject
to the executive committee of _the
State Farmers' Alliance. The absurdity
of this declaration is evident from one
fact alone-^-the executive committee
did not appoint the state central com
mittee, and it cannot take away its
power, no more than the executive'com
mittee of the League of Republican
Clubs can remove the national Kepubli
can committee.
Why did Mr. Donnelly make this
move? is a fair question and one upon
which there is apt to be a ditferen^e" of
opinion. The fact of the matter is that
the stato central committee of the Alli
ance is made up largely of men who be
long to
The Anti-Donnelly Faction.
Among them are the friends of ex-
President liall, ex-President E. IJ. At
wood, Hon. Charles Canning, Hun. Jay
La Due and Sidney M. Owen. These
men take but little stock in the Sage
and his spasmodic efforts at reform, and
if the latter Is to remain at the head of
the organization they must be downed.
With the idea of doius: this the Sa^e
blandly suggests that the question of
whether or not the state central com
mittee is a permanent organization be
left to the June convention to be then
settled by a majority vote.
This proposition has been rejected by
Chairman PheJps, who claims that the
committee stands in exactly the same
position as the Democratic and Repub
lican state committees, and further an
nounces that regardless of what any
other organizations and committees may
do the Alliance state central committee
will issue a call for a convention in 1802
—a convention, too, to be composed of
representatives of the same organiza
tions that met iv this city on July 16 last
year.
Unless the Sage yields his point there
will be two Alliance conventions next
year, one headed by Mr. Donnelly, and
ready for a coalition with the Republi
cans, and the other headed by S. M.
Owen, H. J. Hall, Camngtou Phelps,
Albert Warren. John B. Hompe, 11. P.
Bjorge and other anti-Donnelly men.
With matters thus split up thiiiars will
be In excellent shape for the formation
of a ticket something like this:
For United Slates senator. W. I{. Merriam
For governor, Ignatius Donnelly.
In tlie present shaky condition of the
Republican party of Minnesota, even
the bitterest enemies of the Sage will
not object to a coalition with a section
of the Alliance, even if it involves the
nomination of the Sasre for governor. It
will be a bitter pill for some of the Re
publican leaders to swallow, but they
will do it quick enough when the time
comes. Gov. Merriam will favor it, and
the last two campaigns in this state have
effectually demonstrated the fact that
lie is not only a shrewd but a far-sighted
politician.
It is a great slate.but it may be broken
or at least badly cracked very soon.
Legislative Extravagance.
The .Republican papers of the state
are now engaged In preferring charges
of extravagance against the late legis
lature. W hen these same papers re
ceive bound Copies of the journals of
the two hous§3 they \\il[ be very likely
to turn aside from this agreeable occu
pation. They i'til be obliged to do so
for self protection for the simple reason
that ajj lavish appropriations were
made by the solid Republican vote,
aided by a few scattering
IF YOU HAVE REAL ESTATE
TO SELL, OK WANT TO BIT,
ADVERTISE IN THE GLOBE,
IT IS CLOSELY iIiKADBY
ALL WHO SEEK INVESTMENTS J
XO. 116.
votes from the other parties
lheie was no expenditure to lavish lW
.ne Republican members of the senate
and house. They were ready from tho
very commencement of the session to
vote foiyiny proposition that involved
the expenditure of money. The rea<
sons which impelled them to do this are
apparent to even observers who did no!
have the privilege of bearing
them declare that the "combine"
would be responsible for every*
thins: that was done. On this
theory rulers of all kinds and shapes
were attached to the appropriation bill,
the Republicans voting for all of them. 1
>ot a Republican senator raised his
voice against the lavish sum voted to be
wasted in trying to nutke binding twineii
fit the state's prison, although event
one of the twenty-five knew that it?
must inevitably prove a failure. Tho
argument used in this case was: <
'Give the Alliance all they want; if it faila
it will swamp them."
The records of the two branches o«
the legislature will show to the people
of the state whicn party is responsible
tor the increase in the tax levy, and if
will be passing strange it the cry of cxi
travagance raised by the Republicans
does not prove a boomerang that will
sweep that party completely out o£
power in the state at the next election*
CURTAIN AT MEMPHIS. > v
Closing Day of the Successful
Meeting at Memphis.
Memphis; Term., April 25.--The most
successful meeting ever held by the
New Memphis Jockey club, and one o£
the best in the history of racing at tliQ
South, came to a close to-day. The at<{
tendance throughout the eleven clays
has been enormous and to the regret oil
the numerous bookmakers the public)
seemed able to "pick the winners.'*
The fast track and beautiful weather to
day added materially to the interest ta
the six events on the card. Kiley, the/
famous Derby winner, made his first apV
pearanceto-day.and, like Proctor Knotti
lie is in line form and may be put down;
for a season of good work. Brittou again
had on his riding clothes, bringing in) 1
three winners. I
First race, five furlongs— Starters: Hij<hl
waj-man 100, Regan, 50 to 1 ; MA B 100, Gardj
ner. 40tol; Kay S 10S, Bunn, 5 to 1 ; Lend,
FreyllO, Fink, 4 to 1; Frank Kinney 113,"
Thorpe. 7 to 1; Grey Goose 115, Britton, even I
money. ]j
Frank Kinney jumped to the lead at
the start, followed by Ray S and Grey*
Goose, the rest strung out. This was 1
the order to the stretch, where Grey:
Goose came up. and in a- whipping tin*
ish won from Kinney by a head. Lena*
Frey was third. Time, 1:06. i
Second race, six furlongs, selling— Starters:'
Ban Adonia, in. Thorpe, 6 to 1; Justice, lit.'
Overtoil, 4 lol; Sourire, ill. Britton, 3 to s}!
Texas Girl, 107, Gardner, 20 to 1: T J Rnsk,i
104. Steppe. 8 to 1; Jennie CottrelL I'M, Se^
gum, 50 to l : Haramboure, 101, Gometz, 30 to'
1: Ivanboe, 08, 11. Barnes, 30 to 1; Doug
Knapp, !'!S. Bunn, 15 to 1. J%
They went away to a beautiful start/
with Ban Adonia leading, Knapu sec-j
oud and Sourire third. At the quarter;
Knapp had taken the lead, followed)
closely by Ban Adonia and Jennie Cot-'
trell. Ban Adonia had again taken thef
lead at the half and held it until well]
into the stretch, where he was beatenj
out. "In a whipping finish Justice' fin?
ished first, a head in front of Kusk, 1
Ivanhoe third. Time, l:ls' 4 . • : xi
Third race, mile and an eisthth, the Mont*
gomery stakes, SUM) added— Starters: >- KM
ley, 121; Overtoil, even money; Fajeue, ii?;
11 Williams, .3 to 1. aud even money foi*
place; Vallera, 101: Britton, 6 to s. -.' ■ i'A ■
Vallera was first on the track, fol-J
lowed closely by Kiley, whose glosss
coat shone like velvet in the sun. JleO
looked every inch a winner. Faycttq!
soon made her appearance, and the'
three cracks received an ovation from'
the crowd. Vallera had the lead at th«}'
start by half a length, followed by Ri4<
ley, Fayette close up. As they passed]
the grand stand Itiley had taken;
the lead and was running easy^
while Vailera and Fayette wera,
fighting for second place. At tha :
quarter, with Riley holding his lead of|
a length, Valient secured second place;
by a head. This was the order around/
the course and to the wire, although]
Vallera and Fayette seeing they could'
not oveieome Kiley 's good lead, had a'
hard rush in the stretch for, second!'
place, which, however, availed them .
nothing. Riley finished first by a
length without being touched by whip
or spur. Vallera got second place byi
a nose. Time, 1:57 4-5. rJ
Fourth race, for three-year-olds, six fur- 1
long! — Starters: Lizzie Gwvune, 112: UeKaii^
20 tol; Tiniberland, 112: Tivis, 20 tol; l.iii-|
lithgow, 117; Britton, 2 tol; Philora, 117 ;(
Overtoil, '■'> to 5. ■ "' ! !
Linlithgow took the lend at the start,
and was never headed, winning by one!
length from Philora, who was four
lengths in front ot Timberland, third..;
Time, 1:17 V V
Fifth race, for three-year-olds, six furlong^'
—Starters: Maud I!. 117, Thorpe, 8 to 1;!
Bazlehurst, 117, Steppe, 2 to 1; Katie J. II?, 1
Isauogle, 7 to 1: Sea i'oain. 110. C. Slonn, 50
to 1; Chimes, 122, Overton, 4 to 5; J J Uee, ;
122, Matthews, •:'■> to 1. I
.1 J Ccc jumped to the front at the fall!
of the flag, Maud B second and Hazier
hurst third. At the quarter J .1 Ceo
lead by a head and Maud B was a neck!
in front of Ilazlehurst, third, llazle
hurst had taken first place at the half,
with Maud B second, while Chimes had'
moved up to third place. Ha/.lehurs't
led into the stretch, but was easily over
taken by Chimes, who won in a gallop
by five lengths. Ilazlehurst beat Sea
Foam two lengths for the place. Time, 1
l:18#. i
Sixth race, five furlongs, selling— Starters :i
Minnie Woods, 88, Sequin. 30 to 1 ;" Fondy, 94,1
Jordan, 30. to 1; Mamie Fonso, 103, "Brit
ton, 3to 1; Little Midget, 08, Thorpe, 15 to
1; Friendless, io:i, S. Warren, 8 to 1; Bob .Ja*
cobs, 105, Bunn. 5 to 1; Col. Cox, 103. C*J
Sloan, JO to 1; Bolster. 10s, Ketraii, 20 to I; 1
Enterprise, 10."), S. Smith, 23 to 1; Mits Mary,
100, Steppe, 4 to 5. V
Miss Mary showed in front at the.
start, Bob Jacobs second, and Little*
Midget third. Excepting a change of
places between Miss Mary and Jacobs at'
Hie quarter, and the return to the first!
positions at the half, this was the run
ning order. Miss Mary winning by a
nose from Bob Jacobs second, Midget
third. Time, 1:04.
AT GUTTEXBLUG.
List of "Winners on the New Jcr*
soy Track.
Guttexi:ei:«. April — First race, seven
furlongs— Missive won. Kentucky Han. sec
ond, Spend All third. Time. I : : i 1 1 ■? .
Second race, five and a half furlongs — Har
risburj; won, Kingston second, Chapman
third. Time, IdO.
Third race, nine furlongs— Brown Charlie
won, Pelham second, 31iddiestoue third.
Time, 1:56%.
Fourth race, seven furlongs— Text won.
Rambler second, BelwooU third. Time, 1;29.
Fiftb race.fi ve furlongs— Civil Service won,
Eclipse second. .Monterey third. Time, I : 18%.
Sixth nice, mile— Pericles won. The Fornn*
second, Ed_MeGJnniß third. Time, I:4BVs. j
Razors In the Air. \
C. J. Lncas, colored porter on the St.
Louis road, assaulted F. Jeffrey, al i
colored, with a razor, at 110 Washings
ing avenue, North Minneapolis. Jef
frey took the razor away from him,
when Lucas struck him in the face with
a rock, cutting it badly, knocking out
several teeth. Lucas then attempted
to assault Oflicer Tom Russell, but was
stopped by tjie sight of the hitter's gun,
Jeffrey's injuries were dressed by Dr.
Norred,