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The Madison daily leader. [volume] (Madison, S.D.) 1890-current, January 25, 1895, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn99062034/1895-01-25/ed-1/seq-1/

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5 'Vnt W
.-tt? •''V
Judge Oaynor Will Compel jthe
Brooklyn Companies to
Do So.
Even for an Hour's Time—They
Are the ServaQt'a pf the
BROOKLYN, Jan. 26.—J US tic# GaynoK
of the supreme court has handed down
liis decision on the application of Joseph
Loader for a inandamus to compel the
Brooklyn Heights railroad to operate its
earn in sufficient numbers to accommo
date the traveling public, in the Fulton
street, Putnam avenue. Green and
Gates and the Tompkins a\ enue lines
He signifies his intention of granting
a mandamus, the form to be determined
on the argument of counsel in court.
Loader, upon whose application the
writ of mandamus is issued, is a mer
chant who alleges that his business suf
fers by reason of the failure of the com
pany to operate its lines.
The Decision.
Justice Gaynor's deciston in part ia as
It is my duty to declare the law of
this case. This railroad corporation is
not in the position of a mere private in.
dividual or company carrying on busi
ness for private gain which may sus
pend business temporarily or perma
nently at pleasure. On the contrary it
3has a dual relation a public relation to
the people of the state and a private one
to its stockholders. It must not. be for
gotten that in its chief aspect it is a pub
lic corporation having duties to perform
v to the public, which transcend any ob
ligation which in its private aspect it
two* to its stockholders. It has re
Tuiiilhw off Or—t Tata*
from the state and has had conferred
upon it the state's trancendant power of
eminent, domain. In return it took upon
itself the performance of public duties
nnd functions, in the performance of
which it is in law and in fact not an in
dependent individual or entirety, but the
accountable agent of the state. Though
the principles are old and inherent in
the idea of the sovereignty of the people,
it would seem that in the recent rapid
»growth of corporate power, and of the
tendency to use public franchises for the
aggrandisement of individuals first and
.for the service and benefit of the public
secondly, have cone to \m somewhat
overlooked and
Need to Be Rcntated.
They haw? often been declared by the
highest oourts of this state and the su
preme court of the United States. The
duty of the company now before the
court is to carry passengers through cer
tain streets of Brooklyn, and to furnish,
man and run cars enough to fully ac
commodate the public. It may not law
fully cease to perform that duty even
for one hour. If they cannot get labor
to perform such duties, at what they
offer to pay, then they must pay more,
and as much as is necessary to get it.
Likewise, if the conditions in respect
of hours or otherwise which they im
.pose repel labor, they must adopt more
lament or just conditions.
Moat Keep Them Ootag. ,,
They may not stop their cars form*
'hour, much less one week or one year,
thereby to beat or coerce the price or
conditions of labor down to the price or
condition^ they offer. For them to do
'.so would be a defiance of law and of
government which, becoming general,
would inevitably by the force of exam
pie lead to general disquiet, to the dis
integration of the social order and even
,the downfall of thp government itself.
Experience shows the wisdom of our
fathers in retaining at least some *on
trol of corporations to whom are given
public franchises for the performance of
public duties.
The court cited one or two oases as
precedents, and continued:
It being admitted that the company is
not fully operating its line of road, I
feel it my duty to allow the writ prayed
for, either in its peremptory or alternate
form, uuless a sufficient answer has been
made in law. As I have said, the learned
judge who heard the previous applica
nt ion, decided that the answer then made
was even insoflkaent to raise a question
of fact, and only refused the writ in
order to give the company more time
with an admonition to it that it should
not longer delay. I do not think the
present answer of the company is isuffi
cient to prevent awrit from being issued.
Ytotrnoe Not an ICxcnae.
'Xhe claim of violence amounting to a
prevention is not legally made out. In
stances of violence generally by other
than the former employes of the com
«. pany is shown, but it ia also shown that
not only the police force of the city,
but over 7,000' soldiers are preserving
i order, and I cannot believe that this
company is not protected in its rights,
nor do I think any question of fact is
fairly raised on that bead.
.-i, BonrgeoJse Give# Up,
Jan. ?5.—M. Bourgeois has
finally given up the task of attempting
to form a cabinet.
sm-.^^ep^wz.vi' v\
EnglhK Watwwum
to Hit
LONDON, Jan. 25.—Lord Randolph
Churchill died at 6 o'clock Thursday
morning. He had been sinking rapidly
for (several days and his relatives were
constantly at his bedside as his death
waft" momentarily expected. His last
hours were free from pain.
Lord Ran »lph Henry Spencer Church
Ill was the second son of the seventh Duke
of Marlborough. He was born on Feb
18, 1849, and was educated at Mertou col
lege, Oxford. He represented Woodstock
in the house of commons from February,
until November, lHa5. He afterwards
stood for Birmiiiffham but was defeated,
and was then returned for South PaddhiK
ton. From 1880 onward he made himself
conspicuous in the house and on the pub
lic platform by tl^? violence of his speeches
against the Liberal party, and he was the
chief member of the section of the house
known as the Fourth party. On the ac
cession of Lord Salisbury's government to
office in 1885 Lord Randolph Churchill
filled the ponition of secretary of state for
India, and his promotion to that high
place was a proof of the importance that
he had assumed in the ranks of the Con-'
servative party.
Lord Randolph's short tenure of the
India office was marked by the annexation
of Upper Burmah. Departmental work,
however, did not prevent his taking a
great part in the straggle, which at the
general ehffetion of November, 1885, again
returned the Liberals to power. He re
signed office with Jjord Salisbury, to re
turn, after six months, as chancellor of
the exchequer and leader of the house of
commons but, to the surprise of all, he
resigned suddenly in December Of Stoe
same year.
Married American.
Lord Randolph married in 1874 Miss
Jennie Jerome, daughter of the late I Leon
ard Jerome of New York. Lord and Lady
Churchill visited this country for the first
time in many years last summer and then
continue^ on a tour of the world, fror
which they returned, landing at Marseilles
only a few weeks ago. This voyage was
undertaken for the benefit of Lord Ran
dolph's health, which wan badly shattered
when he landed in New York on July 4
last. He was said to be suffering from
nervous prostration brought on by over*
work. But the trip around the world
seemn to have done him no good. Lord
and Lady Churchill reached London from
Marseilles a few weeks Mince, and the for
mer's condition was then so feeble that he
had to be lifted from the railroad car to
his carriage.
Lord Randolph Churchill leaves a
widow, who has shown herself a most
devoted attendant upon him daring bis
last illness, and two sons.
Week A#o
mt tbe Hopeful MM
Has Disappeared.
western Miller says:
Minneapolis mills last week ground
87,275 barrels of flour, against 71,900 the
week before, 105,225 in 1894, and 196,790
in 1893. Figures may touch 100,000 bar
rels the present week.
Trade was pretty quiet last week.
Buyers, both at home and abroad, are
porgBd to be less disposed to take hold,
and not a few millers think the situa
tion has lost some of the promising feat
ures apparent a fortnight ago. Prices
are easier at the mills, owing to lower
Duluth- Superior mills made 6,500 bar
rels, against 15,366 the preceding week,
8,627 in 1894 and 9,983 ia 1893. The
output is apt to be even smaller this
week, if any flour at all is made. The
situation as to the flour is unimproved
and is really little better than in the few
weeks immediately following close of
navigation, which were dullest of the
His Attack
ArehbUhop Ireland
Breath of Chureh Discipline.
BOMK, Jan. 25.—The trouble growing
out of the attack made upon Archbishop
Ireland by Bishop McQuaid of Roches
ter, N. Y., has been the subject of an
inquiry by the Vatican, it having been
held by the supporters of the archbishop
that the sermon preached by Bishop
McQuaid in the Rochester cathedral
was subversive of church discipline.
The papal secretary of state, Cardinal
Rampolla, has addressed to Cardinal
Gibbous of Baltimore and the papal del
egate of Washington the findings of the
court of inquiry. These will also be
conveyed to Archbishop Ireland and
Bishop McQuaid. Briefly, tl\e conclu
sions of the court are that Bishop Mc
Quid committed a mistake in liis ser
mon and in the reason he assigned for
the necessity of such delivery. Arch
bishop Ireland is sustained- in all the
positions he has taken in the matter.
Wreckage From the Minting Steamer
Found OB'Wnton Harbor.
BENTON HARBOR, Mich., Jan, 85.—
The following telegram came to H.
Graham from South Haven, Mich.:
We have just found some of the Chi
cora's upper works in the ice off this
port. There is no doubt she has foun
dered. E. A. MAPIKR.
No further liope of seeing the boat is
entertained here. Her. crew numbered
26 men.
The wreckage of the steamer which
was found two miles south of South
Haven consisted of the bridge and the
pilothouse bearing the vessel's name.
Her cargo consisted entirely of flour
and was worth $20,000. Hie vessel was
valued at $140,009. There was, not a
cent of iastmuroe on either cargo or
The Ha/ward €aee li Pntrealng
MINNEAPOLIS, Jan. 26.—Ira A. New
»11, Lindsay Webb, C. S. Philbrook,
John Smith and B. H. Timberlake are
the five jurors BO far selected in the
Hayward ease.
Up to date the jury is above the aver
age, containing four native beam Amer
icans and one German born citizen.
Two are life insurance men, one a
laborer, one in the lumber business, and
one has no business at present.
The work progressed rapidly, far be
yond the most sanguine expectations of
the parties interested, and the attorneys
having secured two additional jurors by
the time court adjourned for the night.
The Mate'* CaM»
Tie state will offer evidence wWhh
will trace the actions of the accused all
through the day of the murder up to the
time when Blixt took the seat by the
side of the murdered woman for that
fatal drive. It will be shown by several
witnesses that Harry Hayward was in
consultation with Blixt to within 10
minutes of the time when Blixt left the
Ozark flats to meet Miss Ging at the
point where he took the seat by her side.
This will show that Harry had only
time to keep that appointment, as relat
ed in Blixt's confession. Every action
of the accused will be shown to the jury,
his cure to have a complete alibi proved,
showing actions at variance with those
of an innocent man all through the
Pnyallap and Black River Tribe* Bare an
Eighteen I)*J» SeMMion.
TACOMA, Jan. 25.—The Puyallup and
Black River tribes of Indians are partici
pating here in the first great gambling
game that has occurred for over 30
years. The game has been in progress
for 18 days and is apparently but half
finished. Each side had a certain num
ber of chips, which are hidv tbe opposite
side guessing where one, odd chip is.
The Puyallups are ahead, having scored
34 out of a possible §0 points. Several
hundred spectators are present, squaws
dancing all night. The braves on both
sides are betting heavily on the result,
staking money, horses, oows and
ite Estimated Total Value Wai 416^745.
Where It Came From.
ST. PAUL, Jan. 25.-~The total cash do
nations to the fire relief commission for
the benefit of the sufferers at Hinckley
and vicinity were $96,458.69. Of this
amount England and Canada contrib
uted $11,000 the United States, except
ing Minnesota, $14,711.19, Minnesota,
$70,137.50. Other cash receipts were
$15 ,000, borrowed by the commission,
and $2,018.15 from sales of timber and
material to the fire sufferers, making
the total oaah receipts $113,476.84.
The total estimated value of relief
furnished to the fire sufferers iu money,
lumber, clothing, supplies and .railway
transportation is $184,745.
Manitoba Town
UNNIPEG, Jan. 25 —At the of
Maniton ^be Hudson Bay company's
store, the Stewart hotel, and several
other buildings were destroyed. The
losses will aggregate $40,000.
More Hayward Jurors.
MINNEAPOLIS, Jan. 23.—Up to 3:80 p.
three additional jurors had be£n se
cured in the Hayward case. They were
John Smith, H. B. Timberlake and
Charles Hull. .. .v
Held Up a Printer.
*v*nw -cr^,
.«• «k jp 't *.•» »*$
Tact tea of the ltffpnw. mmm
It is plain to be seen that both sides
are after sensible men and those in the
better walks of life. From this fart the
state iirgue$ that the defense will have
no evidence of any moment to offer, or
at least that it is at sea as regards what
it will put in. It is generally conceded
that the defense will play on that well
known theory of "reasonable doubt,"
using the evidence of the state to pick
to pieces where it is possible, and de
nding greatly upon cross-examination
a vase. v
Made at
Iter—ting Teeta
Indian Head.
WASHINGTON Jan. 25.—Following the
warning conveyed by the Yalu fight, the
ordnance bureau of the navy has been
making some interesting experiments at.
Indian Head to determine the effect of
combustible fittings and fabrics of dif
ferent kinds of explosive shells. Two
4-inch shells of the United States Pro
jectile company were exploded in a
chamber 10 feet square, covered with
2-inch plates and containing cotton
sheeting. One shell loaded with gun
powder wrecked the chamber, setting
fire to the sheeting. The second shell
loaded with gun cotton and a 3-ounce
detonator did not wreck the chamber so
much, although it was much more vio
lent. The projectile broke up into small
pieces, but not as much damage was
done, and the sheeting was not set on
fire. The experiments will be continued
with other explosives.
ST. PAVL, Jan. 25.—Gus Rohe, a
Globe printer, was held up and robbed
of $170 on Exchange street. .J* mya
he knows the men.
An Arbitration fftft.
ST. PAUL, Jan. 25.—Senator Stevens
of St. Paul has introduced a bill provid
ing for the appointment of a bot$rd of in his jwwer to make her happy, her ill
arbitration to settle labor disputes. health had made life insnpuortable.
riciif Troops Are doing
Forward Quickly, But
Working Up Patriotism.
rts from the other side of the
"border tre that Guatemala is using ev
ery ell". »rt to work-up feeling of patriot
ism among the people in hopes of gain
ing lnr .re reinforcements to continue its
bluff against Mexico. When persuasion
fails, it is given out that wBen the gov
ernutw'ut needs men, it will press them
into service. Nearly every horse for
one hundred miles from the border has
been secured by one means or
another already, and a stren
uous effort is being made to secure
more. The uncommunicative policy of
the Guatemalan government is having a
disastrous effect upon the public order,
andTuany alarms are constantly felt by
the residents of the frontier, fearing an
invasion of the mounted Mexican ru
rales. It is generally felt that should
war ensue the frontier will be overrun
by troups, and pillaging renegades that
life will be a burden.
Southern Border in a Ferment.
TAPACHULA, State of Chiapas, Mex.,
Jan. '?5.—The Southern border is in a
ferment over the impending hostilities
between Mexico and Guatamala. More
troops arc being centered about the
frontiers, and a heavy movement of peo
ple is noticeable on every hand. Fugi
tives ton U^tamalau soil are arriving
her#' Sihfei**- Wly. Many- are Guate
malan revolters from the Guatemalan
interior, but for ttje most part are native
bora Mexicans, who have taken up a
residenee in Guatemalan territory.
Large parties are on. their way from
Quetmltenango, Northern Guatemala,
either afraid to remain in their homes or
coming with the purpose of enlisting
against the government which they
behind, _____
IWo &t.
Pant Young
ST. PAUL, Jan. 25 —The attempted
robbery of three young men at Kent
and Edmund streets Sunday night may
result in the death of two of them.,
Frank Kneisel was badly cut and his
tongue split, which may result in lock
jaw. John Buck is also in a precarious
condition, and his recovery is doubtful.
The three young toughs who were ar
retted for the crime, Jus Pruden, John
Keneel and James McEvoy, will be held
until the result of the fracas shall deter
mine what charge will be brought
against, tliem. Since the affair their
records have been looked up and feund
very unsavory, as they have been con
nected with different robberies doling
recent months.
lie Wll Prabably Be Choeen President «f
of the Senate.
FTP. PAUL, Jan. 25. —Considerable in
terest has leen manifested in the elec
tion of a president of the 'senate, who
will practically be lieutenant gavernor,
to succeed D. M. Clough. The names
of Senators Yale of Winona, Stevens of
Ram#y and Day of Martin have been
mentioned, and it is probable that the
choice of the election will fall to the
latter, as it has always been a precedent
to elect the senior senator for this posi
tion and Senator Day is now serving his
third consecutive term in the senate.
Heir to Million*.
SPOKANS, Jan. 25.—J. D. Luttrell of
this city has received the welcome news
that lie. is one of four heirs to an estate
in Ireland valued at $8,000,000. The in
formation reached him through a letter
from his brother, Alexander Luttrell of
Kincardin, Out., and was accompanied
by indisputable proof that he was a
millionaire in reality. The estatfc, which
consists of $5,000,000 in cash and $3,000,
000 in real estate, was left by J. Luttrell
of Ireland, an uncle who died some
years ago. Luttrel is a cigartnaker.
IU Hea th Made Wfe a Borden.
OAKLAND. Cal., Jan. 25.—Mrs. Bessie
Webb Loughbridge, wife of Professor
R. H. Lough bridge of the'University of
California, took her life by drinking car
bolic acid at her home at 2218 Union
street, Berkely. In a note found in the
bureau, she bade her husband goodbye
and in affectionate language assumed
him that* no fault of his prompted the
act, but though he had done everything
V*A11 'ii^'
Guatemala Using Every Effort
to Work Up a Patriotic
State of Chiapas, Hex.,
JaA. -.Vi.—The government has pushed
frith forces into the Guatemalan fron
almost daily, and camp quarters for
a l^rge body of men have Ijeen arranged
forjnt ar this place. The few Guatalans
liv&iv i this vicinity have quietly left
for th native country, and others who
aredi rwted with the course of Presi
dent irrios and the Guatemalan ad
milpMr ition, have fled to Mexico, rather
thaii be pressed into an unwilling
Men Wlio "\V*-!-e Held
Up in a Precarious Condition.
Dimiilvrd an Attachment.
DULITH. Jan. 25.—In the suit of
Alfred Merritt vs. John D. Roekeielle*
and F. T. Gates to recover $1,226,400 on
a mining deal, Judge Nelson of the fed
.eral court luis filed an order dissolving
an attachment secured by Merritt
against the property of the defendant*.
Herbert Wae There.
N*w YORK, Jan. 25 —The New York
board of trade juid transportation gave
a dinner at Delmonico's and 180 mem
bers of the board and 20 guests were at
the tables. Hon. Hilary A. Herbert,
secretary of the navy, was a guest.
General Reaet Dead.
WORNINOTON. Jan. 25. Rrtgaffle*
General Stephen V. Benet, U. S. A., re
tired, died suddenly at his residence
here iii the 68th year of his age. He
was chief of the ordnance bureau for
many years prior to his death.
The output of raw iron for the Ger
man empire during the year 1894, was
6,559,322 tons, an increase of 606,174
tons over the output of 1893.
Mr. Andrew Peterson of Chicago has
been appointed Danish consul for the
states of Illinois, Indiana, Ohio, Michi
gan, Wisconsin, Iowa, Nebraska, Kan
sas, Missouri, Colorado, Montana, the
Dakotas, Wyoming and Utah.
At St. Louis George R. Jackson, aged
25, committed suicide by hanging.
There is absolutely no known cause for
the deed. His father hanged himself
April 13, 1894, having been crazed by
heavy losses in wheat speculation.
Milwaukee Grain.
MILWAUKEE, Jan. 94* 18M.
WHEAT—Market a shade firmer. No. 2
spring, 57c JNV. 1 Northern, 62?£c May,
CORN—Steady—No. 8, 43%c.
OATS—Higher. No. 2 white, 8Iffc No.
8, SO^o.
A KLGY—Quiet. Jtfe t, 58J*o: sample,
52(« a«cu
RYE—Strong. No. 1,51 He.
Mlnneapolki Grain.
MINNEAPOLIS, Jan. 24,1895.
WHEAT—^Closed easy and steady. Jan
uary, 56Vj[c May, 56^c: July, &7^@57-^c.
On track—No.l hard,58V«c No.l Northern,
57^c No. 2 Northern, 55%c.
Math Grain.
l)r Li" tii, Jan. M» 1996.
WHEAT—Cash, January No. 1 hard,
59^c,1 No. 1 Northern, 57%c May No. 1
Northern, 59y*c July No. 1 Northern,
SOUTH ST. PAUL, Jan. 24,1806.
HOGS—Steady. Light run and quality
only fair. Ranite of prices, |8.([email protected]
CATTLE—'Steady, with the demand fair
all around.
Prime steers, [email protected] good steers,
$2.75(a3.25 prime cows, [email protected] good
cows, £}[email protected] common to fair cows,
11.00^1.75 light veal calves, $3.50§4.50
heavy calves, $2.00(31.75.
SHEEP—Good sheep and lambs firm
others steady.
Receipts: Hogs, l,0OO eattle,500 calves,
10 sheep, 100.
Chicago Union Stock Tarda.
CHICAGO, Jan. 24, 1886.
HOGS—Market rather slow but sternly,
and 5c higher. Sales ranged at $8.75(3
4.10 for light: I3.g5(£4.85 for mixed |[email protected]
4.45 for heavy packing and shipping lots
CATTLE—Market slow and generally
10c lower.
SHEEP—-Market slow but firm.
Receipts Hogs, 23,000 cattle, 16,000
sheep. 12,000.
Chicago Grata and I~i 111 Win
CHICAGO, Jan. 84,1886.
"WHEAT—January, 51Hc May, 64fte
Jult, 559£e.
CORN —January,4SKc May,41 He July,
OATS—.January, 96 May,
June. 28%@3»C.
POKK—January, tlO.flO May, $11.12^.
LARD—January, 16.50 May,
Prlcj'5 Cream Uaking Howd#
Most Perfect Made-
Bj the Physicians
hfi At Night
Spitting Blood
Given Over by the Doctors I
•'Seven ye:ir3
wife Ua.i a
severe attack of lung trouble which
the physicians pronounced consumption.
The cough was extremely distressing,
especially at night, and was frequently
attended with the spitting of blood.
The doctors being unable to help her,
I Induced her to try Ayer's Cherry Pec
toral, and was surprised at the great
relief it gave. Before using one wholt
bottle, she was cured, so that now she is
quite strong aixl healthy. That this
medicine saved my wife's life, I have not
the least doubt"—K- •MORBIS, Mem
Phis. Teun
Ayer's Cherry Pectoral
Received Highest Awards
i 'A V jt'l 1 I® {A i-. I I ti.' ISf'SiA 1*1 i
Highest Honors—World's Pair.
W mis AIM
4 rure C.rnn« Cream of Tartar Powder. Fret
*oiu Ammonia, Alum or any other aduiiGMOk
Little Change in Actual Condition* Mae*
the Ib Kliuting of the Year..
Cr.EV'i'.i.AND, Jan. ^5.—The Iron Trade
Review says. The iron trade has come
down to the hist we.ik of January with
little change in actual conditions since
the opening of the year, but with in
creasing signs of the enlarged volume
that will result from present planning.
The week has brought further evidence
that the year will be fairly active in lake
•hip building, and demand from
that source already has brought
several good contract« into the
mills. Structural work on foot
in the east, besidei big contracts
noted last week, will make mills in this
section comfortable, once specifications
begin to come in. That the incursions
of Western mills, so notable, a year ago,
have been checked in the East of late,
may be attributed in part to the main
tenance of more uniform rates by the
railroads—a policy that promises to pre
vail more and more. Pig iron, apart
from the firmer feeling in Bessemer,
shows further signs of weakness. There
has been little selling since the new
Iowa Central Exchange.
Sioux CITY, Ia., Jan. 25.—A move
ment is on to organise a big telephone
exchange in Northwest Iowa, to ineludtj
all the counties on the western border of
the state as far south as Woodbury, by
which all the large towns will be given
connections with one another. A num
ber of smaller places have put Hystemf
of their own in lately, and now k is pi
posed to unite these ia one lanre circ^i
"A carefully edited,
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loriuaiiun eomM'rrjinjt l*nt«*nantl liow to ob
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AI.-on eatnkMUU Of Stecbiu*
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