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Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 11, 1898, Image 1

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Investigating Officer Exonerates Major
Court Martial Seems to Bo a Oat and
Dried Affair ,
Berions Indictment Against Oolouol
Court CiuiNrN n Oooil Deal of DIx-
jil 'itHiirr l > > IK'clilliiir tit Cloie
the Dooi'H While liuportuiit
CH Tcxilfj" .
PARIS , Jan. 10 The trial by court-
martial of Major Count Ferdinand Walaln
Esterha/y. the retired ofllcer of the French
army who came Into prominence In the latter
jwrt of November last through the publica
tion by Tlgaro of a number of letters which
the count Is alleged to Uavo admitted
writing reflecting la etrong terms on Trance
and the Trench army , was opened nt 9 o'clock
this morning under the presidency of General
do Luxor.
Among these who were present were
Mine. Dreyfus , wife of Albert Dreyfus , former
captain of the Krcnch artillery , now under
going Imprisonment for llfo after having
been convicted of selling Important Trench
military plans to agents of a foreign power
with which Kstcrhazy Is said to have been
connected , the brother ot the condemed cap
tain , Matthleu Dreyfus , Senor Tralrcux , the
former minister ot Justice ( who , last week
wrote a letter asking for the postponement
of the court-martial on the ground that to
trj the case in Its present shape only means
nsKIng the court to confirm the guilt ot
Dreyfus ) and many officers and deputies.
Count Estorhary appeared In uniform and
escorted by republican guards.
The clerk of the court said the court-
martial was held In order to end the con
tradictory rumors which had been spread by
the c\cltcd public. Thereupon Maltro La-
borle , counsel for Mine. Dreyfus , asked per
mission to take part In the arguments. The
counsel for Matthleu Dreyfus , brother of the
captlvo of Devils Island , also asked per
mission to appear during the proceedings
The court rejected both applications and the
taking ot testimony commenced.
Counsel for the government said that a
public trial might bo Inimical to the interests
of the national defense and demanded a
secret hearlne-
The court decided by n majority of flvo to
two that the trial should bo public until
the moment when publicity might appear
to prejudice the national defense.
The court bavins thin yielded to public
opinion , the report of the Investigation otn-
ccr , Major Uavarry , was reai ! . It complete ! )
whitewashed Count Estorliazy , and v\ab gen
erally regarded as being n serious Indict
ment of Colonel Picquart , whoso ancst , when
this trial Is finished. Is anticipated.
Colonel Picquart , according to the Intran-
slglent , woo In the latter part of November
Ecntcnced to thirty days detention In a fort
ress. Ho was an officer summoned from the
United States to Paris In connection with the
Dreyfna affair and his statements were re
ported to ho the basis ot the accusations
brought against Count Cstcrhazy.
The report of Major llavarry does not adduce -
duce much evidence except the declaration
of the experts that the famous Bordernu note
was not written by Count Estcrhazy. It con
tains the count's protest against the "calum
nious Imputations" made by Colonel Picquart ,
who , It appears , without authority , caused
Iilm to bo shadowed. The report observes
that the colonel Is the soul of the present
agitation and that ho Is guilty of serious
shortcomings and Indiscriminations.
Upon ono occasion , It Is pointed out , when
Ills superiors urged him not to persist , ho
exclaimed : "Oh , they won't do anything up
there , but I will compel them to act/ '
Tha report continues -with the statement
that Colonel Picquart , In 1S9G , was surprised
while examining secret documents belonging
to the general staff , and concludes :
"Every step taken In this sad affair , which
causes &uch anguish to all really Trench
hearts , Is Intended to obtain a rcrcrsal of a
Judgment legally and Justly pronounced. No
tangible Judicial proof of iMaJor Esteihazy's
guilt U forthcoming , nor is there adequate
evidence to support the charge of high
treabon. "
1 ho court then adjourned until 2 o'clock.
When the trial was icsumcd , Major Ester-
Jiazy testified that ho became an are ot the
plot against him through anonymous letters ,
'which ' led to his meeting an unknown voile j
woman , Ho lad | communicated the results
of that meeting to General IBIlIot , the minis
ter of war , and President Faurc.
' The Judge put a series ot easy questions
to Major Ehtcrhazy , to which the latter
evidently had ready-made answers. The
major ended by following Major Kavarry'a
cue , and accused Colonel Picquart of burglar
izing his residence and stealing letters.
'Matthtcu ' Dreyfus was then examined. He
was asked to state the basis of bin accusa
tion against Major Estcrhazy , and replied
that , without being an expert , it was only
necessary to compare the writing In the
Ilorderau and Major Eslcrliazy's handwrit
ing In order to ho convinced that they wcro
identical. Continuing , M. Dreyfus made a
Icaincd grapbologtcal statement. Moicover ,
lie pointed to the fact that tMaJor Estrrhazy
having subsequently tried to modify his
handwriting gave confirmation of his sus
picions ,
In review Ing other suspicious actions of the
major M. Dreyfus quoted a letter In wfolch
Major Estorha/y said : "I am in such a
i > lfght that I ran only recover m > selt by
crime. " ' "luls , " said M. Dreyfus , dramatic-
oily , "was written by an olllcer who has the
honor to wear the uniform of a French
ofllcer. " Heie "Ohs" were heard among the
Counsel for Major Edterhazy thereupon
asked M. Dreyfus who was paying the "en
ormous costs of circulating painphletr ro-
Uiectlng Major Estnlmzy , " To vvlilch M.
Dreyfus replied :
"That It my business , not yours. "
TLls remark caused excitement among
tlioso present and brought forth shouts ot
"Miserable. "
M , Schourer-KesUicr , ouo of the vlco presi
dents of tlio senate , \\a.a examined. He said
that when ho was condemned ho believed
Dreyfus guilty , and continued In that belief
until Matthleu Dreyfus came and Implored
his nld. Then the senator made a ( Ktsonal
Inquiry , "because It must be admitted that
both military nud civil tribunals may make
mistaken. " "Malthlcu learned , " continued
M. Scheiircr-Kcstner , "that an opinion had
been expressed at the ministry foe war that
the Dordcrau was written by Major EBtcr-
bazy. "
The senator further remarked : "I learned
that a distinguished officer , head of the In
telligence department , had been sent away ,
and letters wcro shown me confidentially ,
proving that General Dcngkc was of the tame
opinion as Colonel Picquart. "
M. Schcuror-Kestner reviewed his com
munications with Colonjl Picquart , the minis
ter of war , with a view of reopening the af
fair , and concluded by myl'ig : "I cannot say
the Dorderau was written by Esterhazy , but
I affirm that the writing has a greater re
semblance to Major Esterhazy'H than to that
of Drejfus. "
A house owner of Aulell testified- that the
mistiest of Kstcrhazy aekcd blm to cancel a
loiso nlgncd by I3sterhazy , as the latter bad
nald ho wan dishonored , Intended to commit
suicide , and fcarctt tbo police would seal up
hU chamber.
At this point Major Eetcrhary denied hav-
kig uttered the words attributed to him end
Mme. Pals , ills mistress , made a similar de
The question of a letter affecting the major
then arose. Thin missive , which was ad-
drc sed to a friend named Welt , found Its
way In tao pcwsecslon of the friends of Drey-
fys. Welt denied ho gave it to the friends
of the convict. Major Esterhazy lo a vehe
ment outburst alJ :
"Of all the Infamies of wnlch I am the
victim , Welt's treason gives the most pain.
I rendered him services ot which I will not
etato the nature here. I am not a coward
and i traitor "
The major's icmarks brought forth cheers
from the audlcire.
Colonel Picquart was the next witness and
the court , aftoi a hasty deliberation , decided
to take his testimony behind closed doors.
The court was then cleared. Tills decision
to conceal the evidence of the moat Important
vvltucsa of the trial caused much dissatisfac
The general Impression Is that the day's
proceedings have revealed the utter hal
low nci-s of tbo Drcjfuslans * charges against
Comte Ebterlmzy and the illmslncss of the
reaosns for their belief In the Innocence of
Dreyfus. The evidence of Matthleu Dreyfus
was exceedingly weak. There was a sensa
tion In court when he declared Comto Ester-
hazy "a dlcgraco to his profession. " The
two men glared at each other llko wild
M. Clenicnccau , In Aurore and other pa
pers , will protest tomorrow against the scan-
< iai ! of closing the doors on Colonel Plcquart'a
evidence. Jt is believed ho knows the whole
case and that ho in not unlikely to got into
niscovnnixt ; MANY vnw CLAIMS.
I'roNiioctorn In AlitxUn , DrlflluK Into
Ae Torrl or > .
VICTORIA , B. 0. , Jan. 10. Richard Mor
gan , Just from Dawson , throws new light on
the food situation thcro and also on the
conditions and present necessities of the
camp. Meat , ho sajs , is now a drug and
worth but 30 'to 40 ecu's , chiefly because
large herds of mocee and cailboo have lately
passed the district and have been slaughtered
by wholesale , ono hunting party bringing la
aa many as forty-five.
HunKcr cicek , emptying Into the Klondike
fifteen miles from Dawson , and Gold Bottom ,
I ast Chance and ssvcral other auriferous
creeks are proving as good as Dldomdo , vvhllo
Its gold approaches the Bonanza creek
staadaid of fineness. The Hunker is a
long stream -with room for upwards of 100
or moro tialla , whllo there arc quite as many
en tlio newly prospected tribu' anes , Includ
ing Last Chance and Gold Kett'le. The pay
dirt of the Hunker and Wio tributaries Is
eaUl to average $10 to the pun , \\Jillo claim
No G , below Discovery , Is reported to have
turned oift ono record pan of ? 104. Sulphur
creek has not yet shown any sensational runs ,
but it Is announced runs $15 to the' pan and
la not to bo looked upon with disdain by the
majority of miners.
ivsunr.nvrs msiii : : ; A &IAI > UHT.
bliuulMli JItirry TruuiiH to the
Hl'NCIH' ,
HAVANA , Jan. 10. The Insurgents are be-
elcglng and have attacked the port of Majarl ,
on the north coast of the province of Santiago
do Cuba. Troops have loft Glbarra , the north
ern portion of the same province , to relieve
tba garrison ot < Mayarl ,
ViitiKliiiu I'nMlHliPH a Ilfjoliulor.
LONDON , Jan. 10 Cardinal Vaughan , arch
bishop of Wrstmtaftcr and the bishop ot the
diocese , published today a 122-pago rejoinder
to the letter published list March by the
angllcan archbhliop of Canterbury and York ,
on the subject of the Anglican orders. The re.
Joinder , which Is signed by sixteen Roman
Catholic prelates , maintains { hit to deny the
pope's competency to decide this question Is
to strike at the sacramental s > st < 'm. '
HHnrii to Civil I-IITV ,
PRAGUE , Jan. 10. Martial law , which was
proclaimed hero on December 2 as a result
of the riotous demonstrations which followed
the disturbances In tbo Rclchsrath , * was
abrogated ,
The Bohemian Diet reassembled today.
Police guarded thu approaches to the bouse.
At the close of the chief provincial marshal's
opening address the members heartily
cheered the emperor.
Knil of tlie MrlUt-
LONDON , Jan. 10. There are signs that
the end ' of the great strike In the engineering
trades' In Great Britain Is approaching.
Large numbers of Glasgow engineers applied
today for reinstatement , while a meeting of
the engineers of Tulrflcld decided to continue
work In spite ot their previous threats to
leave work when the first 25 per cent of their
number was locked out.
SiilU Til Mi ItH CurKo on Fire.
ST. JOHNS , N. P. , Jan. 10. The steamer
Lamberts Point , Captain Humphreys , which
has 'been ' lying hero sonio ia > s with Its
cotton cargo on fire , Billed for Liverpool
today with tbo deckload of cotton s'tlll afire.
Ilia crow refused to sail until compelled
by the police. If the fire becomes serious
It U Intended to Jettison the cotton.
U TJiri'iitoiu-il.
LONDON , Jan 10. According to a special
dispatch from Constantinople the Russian
embassy there lias been threatened with
bomb outrages "unless Russia withdraws Its
opposition to the amelioration of tlio condi
tion of tbo Armenians. "
Will Ui't nit AiiuTlciin Wlfis
LONDON , Jan. 10. A martlage has been ar
ranges ] between Hon. Rowland Charles Fred
erick Leigh , joungest son of Baron Lelgb ,
and Mln Mabel Gordon , daughter of Colonel
W.V , Gordon , ot Savannah ,
Dr. Cornelius Horz Wants live Million
Collars from Franco.
Sn > He'nn Detained thnlcr Arrc l ,
b > - Prcncli OrtlrrH , for Tour
Yi'iirx , AIlhoiiKliVinurl -
cnu Cltlrcn.
WASHINGTON , Jan. 10. Messrs Dlttcn-
hofer , Latitcrbach & Llmbcrgcr , counsel for
Dr. Cornelius Herz , today appeared before
Solicitor 1'enflcld at the State department
end presented a claim for Indemnity In the
sum of $5,000,000 against the Trench govern
ment for an alleged Illegal attempt to per-
sccuto Dr. Horz. The cose Is remarkable In
many ways and It Is said nt tbo department
Is without n precedent.
The facts In brief are that Dr. Herz , whose
name stands very high In scientific circles
ns an electrician and physicist , although
born In I'ranco of Trench parents , Is an
American cltlron. When ho was about three
years of ago his parents came to Now York
nnd acquired American citizenship. Young
Herz was educated In the New York Free
academy , now the College of the City of New
York , nnd received two degrees. Ho rounded
this out by courses In Heidelberg nnd other
great European universities.
At the ago of 1C ho was a lieutenant In the
United States army.
In 1S71 ho was charged by the municipal
authorities of Chloigo with a mission In ccu-
nectlon with the reconstruction of the city
after the flre. Ho afterwards held posts of
responsibility and honor In San Tranclsco
Diul New York.
Meanwhile his fame as an clcctrlc'an had
been spread and ho did mucii to extend the
study of th's ' branch of science , besides es
tablishing , ao ha ! brief alleges , the fore-
rumor ot ono ot the largest ot the great elec
trical corporations now In existence In this
country. He married an American woman and
when his children were born In Paris Sio
caused them to bo registered as American
citizens at the consulate.
January 19 , 1893 , his troubles began. Ho
was stopping at Bournemouth , England , with
his wlfo In bad health , when ho was arrested
under cxtrudltlon proceedings on a warrant
from the Trench government , charging him
with fraud and embezzlement growing out of
the Panama canal scandal. Unler the law
a prisoner wanted for extradition must ap
pear at the Bow street police court.
Hecr was confined to his bed and was unable -
able to appear. The case was kept eocn and
ho was continued under arrest In his bed four
years , during 1S93 , 1894 , 1SS5 and 1S9C. Then
the British Parliament came to his relief and
passed a special act that permitted the magis
trate to attend Herz's bedside and take his
testimony. This was done and the magis
trate promptly declared the charges were ut
terly Invalid and scarcely deserving of notice.
That was on May 2 , 1S9C , and Hciz wis
released from arrest. Meanwhile the French
government foad instituted numerous proceed
ings against him in France and confisated
all of the prcpci ty of himself and wife.
Dr. Horz alleges this was persecution , oure
and simple , and that the Trench government
knew the charges against him wore baseless
before the tclil. Therefore , claiming to hav
ing been Injured in name and health , and in
other ways , ho demands that the State de
partment shall prefer a claim against the
French government. Although ho names no
special sum , the brief shows that ho de
manded the sum of $5,000,000 In a letter bo
sent to the president of the Trench republic ,
but which was never answered. The State
department has taken the case under advise
Only niiouprli to l.nnt Illp GIIIIH n
CHICAGO , Jan. 10 A special from Wash
Ington , says : Undo Sam la short of powder
for his high power guns. After his war
ships have fire-1 away with the powder they
have on Tjoard , * hlch they would do in the
course of a ten hours' battle , there would
bo left in the entire country barely enough
to supply them for a thlrty-mlnuto combit.
And It would take the powder mills of the
United States , with their present facili
ties , nearly a year to produce enough pow
der to supply the ships for another ten
hours' battle. Such Is the substance of a
icport made to Secretary Long by the iboard
of ordnance and fortifications , which has
recommended the Immediate Tmlldlng of a
government powder factory , by which the
eost of supplying this powder could bo
greatly reduced. O'rdlnary powder , It must
bo understood , will not do for high-power
guna. There Is plenty of this and plenty
of flno blasting powder In the country' , but
very Ilttlo rlflo cannon powder. This la t
is made ly only two factories In the
United States , ono In Delaware and ono In
California , both of ithom of very limited
capacity , Hcnco the Importance of having
In store enough to meet all possible de
mands ot war until moro could bo offered.
MW ] ) i.scovnmis KLO.VDIICI :
.Mother Luilc Ili-llctcil to Have Ilvon
SEATTLE , Wash. , Jan. 10 , W. J. Jones
of Port Townsend , Wash , who arrived from
.Alaska on tlio City of Topeka today , brings ,
news of the discovery of what la supposed
to bo the mother lode and quartz origin of
the placers of the Klondike district. The
discovery was made within four bours at
four different points , ono of them at Dome ,
a high mountain lo the east of the source of
the Eldorado creek , 'by Trank Slav In ; the
Eccond at No. 31 Eldorado , by A. II. Jose
and partner ; the third ono In Nugget Gulch ,
at No. 30 , and the fourth somewhere In tbo
twenties on Bonanza creek.
The trend of the vein Is northwest by west ,
westerly from the Dome. It Is found at
aftout thirty feet .below the surface and un
der the muck and alluvia Uleposlt. The
ledge Is about eighteen Inches wide and
maintains a uniform width , It Is gener
ously 6-prlnkled with frco gold.
Mr. Jones brings down samples of the ore
and every ono who has seen them say tbo
rock Is precisely tbo bamo In character as Is
found In the Comet mine In Benera Way ,
southeastern Alaska. Mr. Jones said that
old timers In the Klondike had mode a
der tbo muck and alluvial deposit. The
ClilflllfO I'olloc.
CHICAGO , Jan , -The Investigating
committee appointed by the state senate to
Investigate thu workings of the Chicago
police department met today , As an out
come of charges which have been made
Adolph Kraus , president of the Civil H-rv-
Ice commission , who Is a prominent demo
crat , entered suit today against Attorney
D. R. Bliss , a leading republican , for
fjO.OOO damages.
im.roiu Di ) vi i.vt < ] IMHAMTIIS.
SpraU'n of riilne c Altnlm Without l ) <
LONDON. Jan. lO Rlfiht Hon. Arthur J
Bnlfour , first lord of the treasury and gov
ernment lender In the House ot Commons ,
addrcsced his constituents at Manchester
this evening. It was expected that ho would
make an Importat announcement ot the gov
ernment policy In Gnlna , ( but ho confined
himself to generalities.
Mr. Balfour said the concert of Europe
had not added to ltd reputation by Its re
cent treatment of Crete. He declared that
It woulil 1)e better to have a third ra-te gov
ernor ot the Island than none at all. It was
strange the concert could not find ono cither
In Europe or Amcrlcn.
Ho eulogized the ibrav cry displayed by the
British troops In the -India campaign , a
campaign "moro difficult than the Afghan
war In 1S79. "
Tinning to China lie sold British Inter
ests there were commercial and not terrl-
torlal. Except ns a base for possible war
like operations , the "territory would bo a dls.
advantage , because It would Involve rcspon-
clblllty and expense In money and men. He
dilated upon the fact that the extent ot our
trade In China gives us a npcclal claim to
prevent Ita pursuing a policy that would dls.
courage trade , and added :
"But the deepest traditions of our policy-
preclude us from using our trading privilege
as a weapon to exclude our rivals. If we
ask f i ccdom of trade It Is not alone for Eng
land , but the whole world. "
Thcro was no objection , said Mr. llalfour In
conclusion , to Kutuki { laving an Icc-frco port
provlJed England was not excluded , but the
government would do its utmcst to prevent
China yield ng to foreign pressure to making
regulations adverse to Great Britain "or any
Improbable but possible attempt to dot the
coist of China with foreign stations by pro
tectionist countries ) who would raise customa
or other barriers to our trade. " The burden
of the whole declaration was tlat England's
policy In China Is for the benefit ot the world
at large.
The morning papers , In editorials of nil
ahadM of political opinion , express great sat-
Isfictlcn at Mr. Balfour's oxprestlon of opin
ions guiding the government's policy In the
far cast , but they complain of ( no absence of
definite statements.
The Morning Post says : "A great n-lrls'cr
on a great occasion his only whetted tie
appetite of a people ready to give him a large
anj geneioun vote ot confidence. "
The Dally News s > iys jMr. Balfour's exposi
tion of Lord Salisbury Js pollcy is excellent in
Ii tcntlou , and the only fear Is that the exe
cution may fall short ofithe Intention. With
reference * to the New \York Times' expression
of regret Uiat lack of'appctlte has succeeded
to England's traditional earth hunger , the
Dally Nevvssay-is : "Such regicts In an Amer
ican Journal are piquant iudced. But our
.American friend need not bo uneasy. Our
Interests , which are Identical with theirs , can
bo protected In China by other means than
territorial annexation. "
Given Out ThroiiKlifoiIlcliil Chnnm-Is
at" HiiViiiin. ,
HAVANA , Jan. 10 News from Spanish
sources Just teccjvcd hero gives an account
of what appears to have been a gallant de
fense of n fort at Santiago de Cuba by Span-
Ibb troops.
It seems that the prtac'cal ' fortifications
protecting the buildings of the central eiVm-
tatlon of Ysabel , belonging to Beattlo & Co ,
an English concern , at Media Luna , near
Manzanlllo , was attacked by n strong In
surgent force during the night of January 2.
The Insurgents had with them , It is claimed ,
a rapld-flro cannon , wVilch they placed in posi
tion about COO metres from the fort and be
hind an embankmcpt of earth. At the Eamo
time 200 Insurgents captured the machinery
house of the plantation , The fort defending
the latter consisted o ! a brick building two
stories high and Intho foim of a cross. It
was surrounded by wire fences and ditches
and was garrlscned by ninety-six soldiers , un
der the command of Captain Benedlcto Ma-
nllo , who had two lieutenants under him. At
C o'clock In the moralng the Insurgents began
cannonading the Spanish fort , and at 2 o'clock
In the afternoon they began an attack on It
from both sides of the river , trying to take
It by assault , but they wcro repulsed. At 3
o'clock In thn nftnrnocn fin Insurgents made
a second attack on tbo fort nnd the Spaniard ?
again drove them back. Thereupon the In
surgents resumed their artillery firing and
kept it up until dirk.
During January 4 the fort was relieved by
Ccptaln Orlan in command of the local
guerrilla force of Nlqucra and a detachment
of Spanish infantry , and enforced by two
cannons. The Spaniards then attacked the
Insurgents' earthworks am ) are said to have
compelled the caemy to rctlto with severe
loss. The garrison lost seventeen killed and
had thlrty-thrco wounded.
Ore-lit TIiliiKM IIoiicil for from the
1'opo'H Em-jrlliMil ,
QUEBEC , Jan. 10. Bishop Begin , acting
cardinal , In his mandate to accorrcany the
papal encyclical i the Manitoba school ques
tion fays :
" \Yo expect a complete reparation. Wis
dom and patriotism should Inspire the legis
lators to put an end to the violent things
which we are enduring. Let Justice come
from the government In Winnipeg , let It
como from tbo federal government or let It
como from the Imperial government. "
The mindamcnt calln.iHion the protestants ,
whom diversity of bclef | does not prevent
from being brothers to Catholics , to give the
latter a helping hand.
True HIM Aurulii f 'AKNIIMHIII I'rlnco.
LONDON , Jan. 1Q. At the Old Bailey court
today the recorder directed the grand Jury
to return a true * blll against nichard
Arthur Prince , the super who assassinated
William Tcrrlss , the acttor , on December 1C.
It Is said at the home office that the ex
perts agree that Prlnc $ Is Insane. In spite
of this , Ills trial will commence Wednesday
next under tbo lunatic * act of 1SS3 ,
'lxcil J > > ' Wilulit.
BERLIN , Jan. 10. The Madgehnrg Zcltung
asserts that the changes In 4ho customs
regulations as to petroleum , which Count
Posadowskl , minister of the Interior , fore
shadowed In the IlelchJtag , have already
ibccn made , and henceforth the < lyty , even
upon mixtures of Caucasian anil American
petroleums , will , be flxable by weight.
1 1
I.iililniKltTK Co 111 1 UK' tocvi Yorlc.
LONDON , Jan , 10. A dispatch from Copen
hagen to tbo Dally Mall eays : "A largo
expedition of Laplanders U about to start
for New York from Copenhagen , Cnrlstlanla
and Tromsoe , to go to the Klondike In
sledges with reindeer. "
Ja men ii n Sot Ciimliiir to
LONDON , Jan. 10. It U understood that
Dr. Jameson , tuo Tmmrial raider , will not
return to England at prescut. He Intends to
become * a candidate for tuc Cape Parliament.
Stops Taken to Ucokn Nebraska Statute
Unconstitutional !
nil Autlini In the l"cilcrnl Court
to ill pst ruin Stuto ( MlH-lnl *
from ntifnroliiK Hi-cent ,
The foreign flro Insurance companies doing
business In this state have determined to
seize tlio bull by the horns by fighting the
constitutionality ot the two acts passed by
the last legislature declaring Insurance
compacts Illegal before an attempt Is made
by the etato authorities to put the pro
vision ! ) Into force. A case has been started
In the federal court In which the con
stitutionality of thcso laws lu directly at
tacked ,
Judge Munger has Issued a temporary or
der enjoining the officials named from tito-
cecdlng under the acts and has set the hear
ing ot the caoe for January IS at Lincoln.
The two acts which are thus availed were
both passed on April 25 , 1S97 , and are known
as senate file No. 330 and senate file No 2.
The former Is a general provision against
trusts and conspiracies against trade and
business and interests the flro Insurance
companies , as It defines one form of trust
3s a comb'ciatlon ' to prevent competition In
flro Insurance. The other act is ot direct
interest to the companies , as It Is a special
law to prevent combinations between flre
Insurance companies and provides penalties
The case Is brought by the following for
eign companies. Niagara Tails of New York
German-American of New York , Traders' of
Chicago , National of Hartford , the Tire and
Marine of Mascaclumctts and the Flro As
sociation of Phllidelphla. They profess to
bo acting In the interests of all other for
eign companies who are doing business la
this state. The'action is brought against
Auditor of Public Accounts John K , Cornell ,
Attorney General Smjth and County At-
tornoj Baldrlge , and Is ! n the nature of an
injunction to enjoin those officials from be
ginning an > action to put the provisions of
the acts Into force.
None of these officials have as jet com
menced any proceedings against the con-
panics , but In their complaint the latter as
sert that Auditor Cornell Is contemplating
such action. They also anticipate tlat ihe
grounds for this proceeding are based on the
supposition that there Is In existence In this
cltv and state an Insurance pool at the head
ot whleU is Christian Haitwao , the local in-
aurance commissioner. The companies deny ,
however , that thcce Is any such combination
In existence at the present time.
Accoiding lo tiio petition the companies < ! ld
sonio tlmo ago form a combination for the
purpcoo of equalizing Insurance rates anJ
ploiced Hartman at the head of It. Ho wus
employed becmiso he was believed to know
the value ot property rnd risks in the state ,
and because It was a matter of economy for
the companies to thus employ one man In
stead of each employing one. It Is asserted ,
however , that this combination was dissolved
before the acts passed by the legislature bc-
oimo laws , and that kins not been revived
slnco that time. After this dissolution Hartman -
man entered Into an agreement with each
ono of the companies to do the same work ,
but it is emphatically denied that Uicsc com-
pacles employ Hartman as an association. It
Is allege. } thnt each ono can and does fre
quently refuse to aajcpt the rates ho fixes
without regard to what the others may do ,
although it Is admitted Lbat his rates arc
generally accepted. Tlio point nought to bo
made ia that Hartman is no longer employed
by the companies as 'in ' association , but as an
individual and that therefore tile companies
are no longer In a combine.
Continuing , the complaint alleges that
Auditor Cornell , pretending to act In his
official capacity , contemplates summoning
the officials of the various companies before
him for examination to discover whether
they aio violating the provisions of the
nets and revoking their authority to do busi
ness in this state If found guilty. In view
of the fact that such action would entail
much expense to them they have brought the
present action to test the constitutionality of
the two acts.
One of the main contentions Is that the
acts are contrary to the laws of the United
States , as they tend to Impair the obligation
of contracts. The companies say that they
began to do business in this state twenty
years ago In good faith and wcro given
authority to do so. They have paid the
Ices to the state every year and have built
up a good business. They claim that It
would bo a violation ot this contract entered
Into twenty years ago and they would sustain
great damage If they were now debarred from
doing business.
Senate file No. 330 Is also declared uncon
stitutional In that It maker ) u discrimination
between flro Insurance companies and labor
organisations. That act declares that noth
ing In It shall too construed to prevent any
assemblage of laboring rrcn from parsing
regulations they think proper In reference
to wages and the compensation of labor.
This discrimination , It Is alleged , Invali
dates the act ,
Again It U alleged that ecnato file No. 2
tends to revoke the companies' authority to
do business In Urn etato without judicial In
quiry , The act given the auditor ot public
accounts the right to revoke this authority ,
Jt Is assorted that this Is out of his province
and should tbo properly placed In the hands
of the department known as the Judiciary
under the constitution of the state. It Is
aesertod that the provision that an appeal
may bo taken to the district court Is void
from the fact that the auditor Is not a
Judicial body and that , therefore , the Judi
cial department of the etato can not take
cognizance of his decisions and ) acts.
On these and other grounds It Is asked for
the court that the auditor be enjoined from
summoning any of the officials ot the com
panies for examination , or from entertaining
any complaints that they are violating the
provisions of the acts or from Issuing any
order revoking their authority to do business
In tbo state. It Is also asked that the attor
ney general and County Attorney Baldrlgo
bo enjoined from beginning any criminal
prosecution against tbo companies for violating
lating the acts.
Tbo attorney general Is Included amongst
the defendants because ho Is given power by
tbo statute to bring criminal prosecution.
County Attorney Baldrlge Is picked out from
all the county attorneys In the state. Tbo
attorney of any county In the state U author
ized to bring action against tbo companies In
tbo district court for tbo violations , It Is
Wf-ither Torccait for NVbriukn
Itnln or Snow , UnMcrly Winds ,
rug * .
1. Cnnnt I'strrlmfy on Trlnl In I'nrl * .
HlR Inilmiiitty Donmndoil of I rnnce ,
.N'rhnulm Inmirnnrc I-avr AMtlletl.
Hntinii U Ono Vote bhy.
2. CorliPtt <
3. I'opiillntM Tr.ilnc to
All About ixUMltlnii : | % llntctt
I IMItorlil iind < ' < i"n > :
5. Iliiwulliiii
Dcclnlon In
Krliom of the
0. Council lllufN
7 ( Iruuml N m West.
8. TnuiHnil Contrst.
Itoccptlou to Olllcrrg.
0. Mm u Itti MnUoii [ > r.
Utnti IliifttlliiK ror W" JlxpuMtlnn.
Hartley Locked In re Cell ,
11. Oominprchil nnd riimnclnl News.
IK. "Tim Tntim ' " "I Ada , "
lilt of Ilollntiil In Aincrlrn ,
alleged that too much rxpcnso would be
Incurred by bringing proceedings against nil
the county attorneys In Nebraska , nnd , therefore -
fore , County Attorney Baldrige was selected
ai their representative.
Attorney General Smyth yesterday staled
that the action was a surprise to him.
Ho Mill be liad not contump'ated bringing
any proceedings against the companies and
did not think that Auditor Cornell was In
tending to do so.
1'riiker I nilor Aricst Clinrm'tl Mltli
MEW YOKK , Jan 10 W. T. Gocrdcs , a
member of the Consolidated Stock and Pe
troleum exchange of this city , Is In Jill to
night , charged with hiving attempted to
swindle the firm of William Haley & Co ,
members of the Stock exchange , out ol
? 1S,000.
Gocrdes offered a certified check for ? 1S-
112.GO , signed by J. L. Hives nnd drawn
en the North Side bank of Brooklyn , li. (
payment for sonic stock he had bought. The
check was turned over to Mr. Haw ley , who
observed that the cetlflcallon was without
date. i
On telephoning to the Noth Side bank
it was learned that Rives had no account
there. In the meantime Goerdcs had gone
to Broker L P. Mendham , only two doors
away , where he negotiated a loan of $10-
000 on the stock. Mendhnm gave Goerdcs his
check for that amount , drawn on the West
ern National bank. Goerdcs went to the
bank and had the check certified. Then he
went to Zimmerman. & Torshay's and asked
to"1iavo the cbe'ck converted Into Spanish
Goerdcs said he would , return for the gold
In an hour.
Ho had hardly cone out of the door be
fore Zimmerman & Forshay received word
that Goordes uttered n worthless check
The Wall afreet detective bureau was noti
fied and when Goeides returned ho was ar
WeiiilipiM Snv 'They Wore TrcntcMl
AVII While li Oinnliii.
CHEYENNE , Jan. 10. ( Special Telegram )
Governor Illchards , State Engineer Mead
and President Graves of the State university ,
sent as a committee to Omaha to sdcure
space for a Wyoming exhibit at the coming
exposition , returned today. They report
having secured 840 square feet of space in
the main buildings in an advantageous loca-
tlo.i. They weio unable to secure free space
In the mining building , the present arrange
ment contemplating a charge of ? l per
square foot for tpace. The committee did
not enter Into any arrangement for space In
this building , but arranged to reserve the
space for one week until -those In charge of
the matter of lalsing state funds for the
exposition could be consulted. The com
mittee was greatly pleased with the appear
ance of the buildings In course of erection
and with the progress which has been made
getting ready for the exposition. While In
Omaha the committee was treated with the
utmost kindness and courtesy.
Sovrnl 1'iirllcN Art * Injiirril anil I'roii-
orty IN DiiinnKiMl.
iMUNCIE , Ind. , Jan. 10. Passenger twin
No. 40 on the Fort Way no & . Cincinnati dl-
vislco of the Lake Erie & Western collided
with a flat car loaded with steel bars tonight
Just south of Munclc. The engine was badly
damaged , as was the mall car und tbo fol
lowing wcro moro or lens Injuicd by being
thrown from their seats :
William Neff , Cowan , Ind. ; ib ! fractured
P. Karquhar , Munilo ; back spralnad.
D. M. Tuttle , Cowan ; teeth knocked out.
Hannah Garrett , Covvuu ; leg eproli.ed and
teeth knocked out
Postal Clerk Kennedy , cut on head by fall
ing lamp.
Engineer Cranston narrowly escaped from
being pinioned by a bar of Mcel that pene
trated the cab. The freight car had been
loft en iho main track by a belt switching
crow ,
Unto nt DaTVNiin City IH N < mI'lftj
t'CMltH Elll'll.
POIIT TOWNSEND , Wash. , Jan. 10. Nine-
men from Daw son City arrived hero today
bringing advices up to December 9. All say
that whllo provisions are ficorco there will
bo no starvation. Provisions ran still bo
purchased from ? 1 to Jl.GO per pound , Can
dles have been reduced from (1.25 to CO cents
each , The trip out was made without spe
cial Incident , dog teams being used , The
coldest weather reported at Daw son thus far
waaGS degrees below zero.
1'oiiiul Mcml In HIM Hum.
YOUNGSTOWN , p. , Jun. 10-Davld O.
Hall of Hubbard , nn Iron manufacturer of
the Muhonlner valley , was found dead In
his barn yesterday evening , Hl body was
hanging over u manger when discovered ,
Ho was DJ years old. Heart disease Is
thought to have caused his death.
Movpinrntu nf Orran VI > K UM , Jun. 10.
At aibraltni Arrlvcd-Kalser Wllhclm II ,
from New York.
At Hamburg Arrived Alesln , from Bal
timore ,
At Antwerp Arrived Kensington , from
NevV York.
At New York Arrlvcd-Ln Gascognc , from
Havre ; Furnessla , from Glasgow.
At Southampton Arrived Knlscr Wll-
hulm der1 Grosae , from New York.
At Rotterdam Arrived Obdum , from
New York. Balled Amsterdam , for Now
At Llzard-Passcd-Palatla , from New
York , for Hamburg , , /
Sonatoritil Situation in Ohio Too Olcso fo }
Opposition is the Stronger , bnt is
United ,
Many Surprises Are Promised as the Vote
Proceeds ,
Senator HIIIIIIII'N TrU-mln Sny Thej ;
( Will Have ontj-Two Votfx ,
WliU-h IH One Short ot the
Annthur ,
COLUMBUS. O. , Jan. 10. Senator Hanni
Is bcllo\cd to bo short tonight ono \oto
of election. The opposition Is nut sure oC
Gcvcnty-tlirco votes for any ono man , na
against only seventy-two for IItuna , but
they feel confident at leant of preventing
HannVs election.
Last night the democratic Atocrlni ; com
mittee dcmaiulcd of Air. Iviittr that ho fur
nish nt least eight nllldnviU rouight from
republican members that the ) would stand
with the sKty-fivo democratic members In
voting against llanna. The democratic
steeling committee reported tonight that It
was satisfied. Hepresentatlvo Gay man ,
chairman of the house democratic commit
tee went "o far as to bay Hanna's defeat
tomorrow was a&surcd.
There Is no doubt that Senator llanna ,
was beaten for n week pic\Inns to list Fri
day , when Representative Manuel of Mont
gomery county changed In hU fa\or. On
Satniday the Ilnnna men secured lleprc-
Bcntatlvo Grinith of Union , but they made
no accessions yestcrdiy and today and It 1 *
the General belief that they are short ono
\oto tonight ,
It has been agreed * uy a conference com
mittee that the Iwllotlng In the two house *
will not begin until 2 p. in. tomorrow anil
thcro may bo sc\cral changes In that time.
The real work of the fight on both sides Is
being done tonight. The workers will nets
sleep no\- until after the billeting begins.
Thtro In a feeling among many ot these
opposing llanna that it bo is not defeated ,
0:1 : the first ballot , or rather by the separate -
arato ballots tomoriovv , that ho will not'bo '
defeated nt all. These antl-IIanna worker *
say they had n majority of five against
llanna when they exposed their sticngth In
organizing the legislature last Monday and It
they rome down to a majority ot only on
against llanna tomorrow that the coalition ,
may not hold together for another day.
While the opposition fitlll Insists on Kurtz
as the candidate against llanna , yet It saj-j
that Dushncll , Kurtz or any other ono will
bo dropped as sooiu ns It is demonstrated
that ho cannot secure all of the- votes ot
cither the antl-IIanna republicans or the
democratic members. Ono of the names
most prominently mentioned today was that
of lleprescntallvo John V , Jones , who rep
resents Stark county , the homo of President
McKlnlcy. Mr. Jones Is n icpubllcan and n.
prominent man In the miners' union. Ilo IH
for frco silver and Is advocated oa the laboi-
candidate against the capitalist.
While the mass convention of the repub
licans this nfteiincon was the largest ami
most Indignantly enthusiastic assemblage
ever known In this Htite , the doubtful icpub
llcan members of the leglslatuio did not BCO
It or feel it. They weio closely and liberally
entertained by the opposition at the Great
Southern hotel duilng the afternoon , and
they are there tonight. llcpicsentatlvcs
Manuel , Grinith , Snider and othcra aio hav
ing the- undivided and constant attention ot
the other aide.
There are nt times lively scenes when )
Hnna workers Invade the looms of the oppo
sition at the Great Southern hotel , ( ind a eo
when the hustlers for the opposition come to
the Nell house after sorno of the doubtful
members or their frelnds. Tncro Is tonight
doubt also about the final -vote of someof
those on which botb sides IMVO been depend
ing. The result really lungs in doubt moro
then In a balance.
With the rcault pending on ono vote cither
way , there arcccvoral who want to bo on the
winning Fide and may at any lime change-
according to their belief as to which sldo
hca the necessary Rovontythicootcs , or for
some other cai.tc Owing to the apparent
closeness of ttc vote- there are still numer
ous rumors of bribery for another vote each
It Is noted by some of the moie coneervi-
tlvo observers that a * foon as no further
changes were announced web day that the
contending fictions nlteinated In dally re
ports ot bribery. The Ilanim men say they
have stenographic notes of an offer ot $5,000
by two prominent members of the opposition.
The opposition In turn assert that 8. D.
Hollcnbcck , n member of the republican state
exccutlvo committee , went to Cincinnati ladt
Saturday with ? 10,000 to sccuie the wife ot
Hoprcsontatlvo Otis.
HeprcEonUtlvo Otis Is a republican , who
vvaa elected on a fusion ticket In Hamilton
county. Ho has voted with demociata In the
organization , but It Is bald ho in a do friendly
overtures to Hanna workers to entrap them
Into an offer for the purpose of exposing tlio
amo , and that he > will do so on the lloor of
the house tomorrow , It la r/ild tint ho will
pllo $10,000 on his desk and make a rensa-
tlonal speech when Ills name la called ewt
the senatorial ballot ,
The Hanna men make a general denial of
the Otis charges and say they antlUpata
other dramatic performances tomonovv be
fore the balloting begins ,
auosvENOii's CUUT IIEPLY ,
Congressman Grosvcnor , who made a mcwt
vigorous 8prci.li at the mass mce'tlng today ,
and has been hero for Hanna for over a
vvuck , has written a peculiar letter.
A convict In the Ohio penitentiary , Jame
H. Wiggins , serving a twenty-year term ,
has been endeavoring to get out. Ho had
correspondence with Grosvcnor , whom ho
desired to employ professionally , In tula
mornlug'ii mall a letter was received for ,
Wiggins from Grosvenor , a Bettors to con
victs are opened and road and when the ono
from Groflvenor was received It was turned
over to Warden Comn. The loiter < was writ
ten on a letterhead of the committee-
mines and mining , ot which Grosenor 111
chairman , and bore tbo date of January 8.
1SS8. It IB as follows : I
James U Wiggins , Ohio Penitentiary
Columbus , O. ; Dear Hlr-I will not uu.aujC4

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