Newspaper Page Text
I THE MORNING NEWS. )
' Established ISSO. Incorporated 1888. V
j J. H. ESTILL, President. f
RUM CAN GO INTO IOWA.
THE SUPREME COURT NULLIFIES
A PROHIBITORY LAW.
A Refusal to Allow Liquor to Enter
the State Interferes With Inter
state Commerce—The Right to Sell
the Article Imported Inseparable
from the Right to Import It.
Washington, April 28.—The United
States supremo court to-day rendered an
opinion of great interest to all states in
which prohibition prevails. Gus Leisy &
Cos. aro beer brewers in Peoria, 111. They
tent some of their product in sealed kegs
and cases by means of a railroad to Keokuk,
la., where their agent, a non-resident,
offered it for sale in the original cases. The
liquor was seized by A. J. Hardin, marshal
of Keokuk, under the prohibition laws of
lowa. Leisy & Cos. brought suit
against the marshal, alleging that the
seizure was unconstitutional and void,
being in violation of the clause of the con
stitution giving the United States the ex
clusive right to regulate interstate com
merce. The Keokuk court decided iu favor
of the liquor men, but on au appeal to the
supreme court of lowa the prohibitionists
won, whereupon the liquor men brought the
case to this court. The suit has become
widely known a3 the “original package”
case and has attracted a great deal of
attention.
JUSTICE FULLER'S OPINION.
Chief Justice Fuller delivered the opinion
of the court to-day. The court says the
power vosted in congress to regulate com
merce among the several states is a power
to prescribe the rule by which that com
merce is to be governed, and is a power
complete in itself, acknowledging no limi
tations other than those prescribed in the
constitution. It is co-extensive with the
subject on which it acts, and cannot be
stopped at the external boundary of a state,
lut must enter its interior and must bo
callable of authorizing the disposition
if those articles which it introduces, so that
they may become mingled with the common
mass of property witnin the territory en
tered. A state way provide for the security
of the lives and property of its residents,
but a matter confided exclusively to con
gress by the constitution is not within the
jurisdiction of the police power of a state,
unless placed there by congressional action.
PARTICULAR SUBJECTS.
If particular subjects of interstate com
merco do not require the application of a
general or uniform system, the states may
legislate in regard to them with a view to
local needs or circumstances until congress
otherwise directs, but this power is not
identical in its extent with the power to
regulate commerce among the states.
The court quotes the statements of the
Federalist In support of this conclusion.
That ardent spirits are subjects of inter
state commerce is not denied, and the court
then asks if a state in the absence of con
gressional legislation can prohibit their
importation from abroad or from a sister
state or their sale by an importer. If im
portation cannot be prohibited without
•smgreiaional authorization, the next
question, the court says, is, when does im
ported property so become part of the com
mon mass of property within a state as to
be subject to its unimpeded control?
* A MARYLAND CASE.
In Brown vs. Maryland it was laid down
by the great magistrate who presided over
the court for more than a third of a cen
tury (Chief Justice Marshall) that the point
of time when prohibition ceases and the
power of a state begins, is not the instant
when the article enters the country, but
when the importer has so acted upon it that
it has become incorporated and mixed up
with the mass of property in the country,
which happens wheu the original
package is no longer such iu
his hands; that none of the
evils which proceeded from the feebleness
of the federal government contributed more
to the great revolution which introduced
the present system than the deep and gen
eral conviction that commerce ought to be
regulated by congress; that the right to sell
any article imported was an inseparable
incident to the right to import it, and that
the principles expounded in the case applied
equally to importations from a sister state
as from a foreign country.
INVOLVED IN THE OTHER CASES.
Although the precise question now before
the court was not ruled upon in that case,
the court says it thinks it was virtually in
volved in the Brown case and also in the
Bowman case, in which an act of the state
of lowa forbidding common carriers to
bring intoxicating liquors into the state
without first being furbished with a certifi
cate as prescribed in the act was declared
invalid because essentially a regulation of
commerce among the states. The opinion
of the court in the Bowman case
was delivered by Justice Matthews,
and a dissenting opinion, delivered by
Justice Harlan, discussed the question in
all its phases, and while determination of
whether the right of transportation of any
article of commerce from one state to an
other includes by necessary implication
tho right of the consignee to sail it in un
broken packages at the place where trans
portation terminates, was in terms re
served, yet the argument of the majority
conducts inestibly to that conclusion. This
decision is quoted at length.
WHEN THERE 18 A CONFLICT.
“Whenever,” says the opinion of the
chief justice, “the law of a state amounts
essentially to regulation of commerce, as it
dees, when it prohibits directly or indi
rectly tho receipt of an imported commod
ity or its disposition before it has ceased to
become an article of trade between one
state and another, it comes in conflict with
the power which, in this particular, has
beon exclusively in the general government,
at 'd is therefore void. Undoubtedly
tt is for the legislative branch of the state
Kovernments to determine whether the
manufacture of particular articles of traffic
W| ll injuriously affect the public, and it is
tot for congress to determine what measures
the state may properly adopt as appropriate
°r needful for the protection of public
morals, life or safety; but notwithstanding
>t is not vested with supervisory power over
matters of local administration, the respon
sibility is upon congress, so far ns the regula
tion of interstate commerce is concerned, to
remove restriction upon a state in dealing
. 1 imported articles which have not been
thereto common maßs property
DISCRIMINATION IMPOSSIBLE.
hatever our individual views may be
to the deleterious qualities of particular
whi k* we can!l °t hold that any articles
inti. * congress recognizes as subjects of
commerce are not such, or that
tr.ii ! er . or 9 thus recognized can be oon
r .• by state laws amounting to
e a * 10ns ' While they retain that
. r ‘" a< : ter , although at the same time if
raw * i “ an Kerous to themselves, a state
sen • ?! , Pr°priate measures to guard
iiinJr 1 , ln J ur y before it obtains complete
stai. ~ lon over tbem- T ° concede to a
r ,. rt DO ”' er , exclude, directly or indl
sion^artl^ 19 ? 80 3ltuatft di without congres
ity of fh rmisslo , D ’ is to concede to a major
in tho of the state, represented
srci&i intercourse between the states
JHofnina fton*.
by determining what shall be its subjects,
when that power was distinctly granted to
be exercised by the people of the United
States, represented in congress; and
its possession by the latter was
considered essential to that more per
fect union which the constitution was
adopted to create. Undoubtedly there is
difficulty in drawing the line between the
municipal powers of ODe government aud
the commercial powers of another. But
when that line is determined, accommoda
tion to it without serious inconvenience
may be readily formed in a frank and candid
co-operation for the general good.”
The decision of the supreme court of
lowa is reversed.
A DISSENTNG OPINION.
Justice Gray delivered a dissenting opin
ion in behalf of himself, Justices Harlan
and Brewer. The dissenting opinion 1 ays
that the protection of the safety, health,
morals, good order and general welfare of
the people is the chief end of government.
AU statutes of a state must of course give
way so far as they are repugnant to the
national constitution and laws. But
an intention is not lightly to be
imputed to the framers of the constitution
or to the congress of the United States, to
subordinate the protection of the safety,
health and morals of the people to the pro
motion of trade and commerce. Police
power extends to the control and regula
tion of things which, when used in a lawful
and proper manner, are sujects of property
and of commerce, and yet may be used so
as to be injurious or dangerous to the pub
lic safety, public health or public morals.
liqour’s evils.
Common experience has shown that gen
eral and unrestricted use of intoxicating
liquors tend to produce idleness, disor
der, disease, pauperism and crime.
The power of regulating or prohibit
ing the manufacture and sale of in
toxicating liquors, appropriately belongs,
as a branch of the police power, to the leg
islatures of the seueral states, and can be
judiciously and effectively exercised by
them alone, according to their
views of public policy and
local needs; and cannot, practically,
if it can constitutionally, be wielded by oon
gress as part of a national and uniform
system. The statutes in question were
enacted by the state of lowa in the exercise
of its undoubted power to protect its in
habitants against the evils, physical, moral
and social, attending the free Use of intoxi
cating liquors. They are not aimed at
interstatu commerce; they have no relation
to the movement of goods from one state to
another, but operate only on intoxicating
liquors within the territorial limits of tho
state; they include all such liquors without
discrimination, and do not even mention
where they are made or whence they come.
REMOTE IN THEIR EFFECTS.
They affect commerce much more re
motely and indirectly than the laws of the
state, the validity of which is unquestioned,
authorizing the erection of bridges and
dams across navigable waters within its
limits which wholly obstruct the course of
commerce and navigation; or than the quar
antine laws, which operate directly upon
all ships and merchandise coming into the
ports of the state. If tho statutes of the
state restricting or prohibiting the sale of
intoxicating liquors within its territory are
to be held in operative and void as applied
to liquors sent or brought from another
state, and sold by the importer in what
are called original packages, the conse
quence must be that an inhabitant
of any state may,under the pretext of inter
state commerce, and without license or
supervision of auy public authority, carry
or send into and sell in any or all of the
other states of the union intoxicating liquors
of whatever description in cases or kegs or
even in single bottles or flasks despite auy
legislation of these states on tho subject,and
although his own slate should be the only
one which had not enacted similar
laws. We would require affirmative and
explioit legislation on the part of congress
to convince U3 that it contemplates, or
intended such a result.
THE LICENSE CASES QUOTED.
The dissent then quotes the “license cases”
in which laws prohibiting the importation
and sale of liquor in original barrels or pack
ages was upheld, and says that the silence
and inaction of congress upon the subject
during the forty years intervening since
then appear to require the infer
ence that congress intended that the
law should remain as thereby
declared by this court rather than to war
rant the presumption that congress intended
that commerce among the states should le
free from tho indirect effect of such au
exercise of police power for the public
safety, as had been adjudged by that de
cision to be within the constitutional au
thority of the states. The court, by the
same vote, reverses the decision of tho
supreme court of Michigan iu tho case of
Henry Lyng, an agent for a Wisconsin
brewery, who was fined for selling liquor
without a license.
LYNO’S CLAIMS.
Lyng attacked the constitutionality of
the law on tho ground that it would compel
agents for outside brewers to pay S3OJ a
year license, while brewers within the state
could, under their manufacturers’ license,
sell at wholesale after paying only $63 an
nual license. He contended that this was
practically regulation of interstate com
merce, and the court decides in his favor
upon the authority of the lowa case and
those referred to in that opinion. The opin
ion rendered by the chief justice in this ease
concludes as follows: ‘‘The same rule that
applies to the sugar of Louisiana, the cot
ton of South Carolina, the wines of Cali
fornia, the hops of Washington, the tobacco
of Maryland and Connecticut, applies to all
commodities in which the right of traffic
exists, recognized by tho Jaws of congress,
decisions of courts and the usages of the
commercial world. It dovolvos on cou
gress to indicate such exceptions as in its
judgment wiso discretion may demand un
der particular circumstances.
EXECUTIVE SESSION LEAKS.
Tbe Investigation Cost the Govern
ment $2,000.
Washington, April 28.— Senator Jones
of Nevada, chairman of the committee on
contingent expenses, to-day signed war
rants for the payment of witness fees to the
correspondents subpoenaed by the special
committee appointed to investigate the pub
lication of the executive sessions of the Sen
ate. The correspondents were in attendance
upon the committee two days only, but
having been kept under subpcena flfty-one
days warrants were made out for the sum
of $153 each. The expenses of the investi
gation have amounted to about $2,000.
Differences of the Silver Men.
Washington, April 23.—The Senate
republican silver committee was in session
two hours this afternoon, but made no ap
parent substantial progress towards an
agreement upon the measure to be reported
to the caucus.
Winston’s National Bank.
Washington, April 28.—The controller
of the currency to-day authorized the Peo
ple’s National Bank of Winston, N. 0., to
begin business with a capital of SIOO,OOO.
Bond Acceptances.
Washington, April 28.—Bond offerings
to-day were $53,400, all of which were
accepted at 132 for 4s and 103>£ for 4K.
REED'S ONE PARTY RULE.
THE ELECTION LAW OUTLINED IN
HIS PITTSBURG SPEECH.
It Will Be More Like the Scheme
of Chairman Rowell Than Like
Those of Lodge or Hoar—Every In
clination of the Tarty Toward Cen
tralization.
Washington, April 2S.—Speaker Reed
outlined in his Pittsburg speech the pro
posed election law, which the republican
caucus committee will report to the next
House republican caucus. It will be the
scheme of Chairman Rowell cf tne elections
committee, rather than that of Chairman
Lodge of the committee on the election of
Prooident. There will be no provision of
the Australian ballot system, which was tho
redeeming feature of Mr. Lodge’s bill. It is
doubtful whether even the mildly permis
sive clause of Senator Hoars’ bill will be
included, by way of recognition to the Aus
tralian system.
THE REPUBLICAN OITOBITION.
The fact is the rank and file of the repub
cans in congress are opposed to this system,
most of them bscause President Cleveland
favors it, aud they will have none of it.
Mr. Lodge has once more had to realize
that it is uncomfortable to get too far ahead
of your party. The bill which will be re
ported to tho caucus will go further than
Mr. Lodge’s or Mr. Hoar’s *nd will pro
vide for the appointment of all federal
election officers by the federal government.
It will bo put through the House under the
Reed rules by whip and spur in spite of
democratic opposition. In the Senate it
will be talked to death unless the Reed rev
olution is repeated there and as arbitrary
power to cut off debate and amendments
assumed by the presiding officer. This is
(ffcite within the republican plan for per
petuating its hold on the government.
REPRESENTATIVE HEMPHILL’S VIEWS.
Representative Hemphill of South Caro
lina, tho leading democrat on the committee
which has charge of the now election law,
says of Speaker Reed’s Pittsburg speech:
“It is certainly very unbecoming in a man
who is speaker of the House of Representa
tives to go to a social gathering and accuse
the southern people of lying as Mr. Reed
did. Tho trutn seems to be that the repub
lican managers know that they bulldoze
and bribo their people and they are trying
to divert the public mind from their own
iniquity by keeping up a constant fuss
about the south. The objection of the south
has been to the sending of men there to
override and bulldoze the people.
IMPORTED OFFICE HOLDERS.
“Our South Carolina has
been that they do not confine themselves to
men for federal officers who actually re
side in the precinct or in the county. They
pretend to reside there, but they are roughs
and bullies sent there to lead the negroes
and get up a row, or to override the white
people. If the republicans have the right
under the constitution to regulate the elec
tion of members of congress, they have an
equal right to legislate upon the election of
senators, because they are both referred to
in the same section of the constitution.
A STEP TO CENTRALIZATION.
“It is only one Btep in the general process
by which the Republican party proposes to
take away from the states every right they
have and confer everything in Washington,
as if the peoble who came here to represent
their constituences were any more honest or
virtuous than the people who represent
them in the legislatures of the several states
Their is no more virtue and a deal more
politics and partisanship in congress, than
m the legislatures of tho several states. If
Mr. Reed and his people are so anxious to
have the negroes in congress, why do they
not set the south the example by electing
at least one from a northern state.
HOLD THE BALANCE OF POWER.
“The negroes have been allowod to voteand
hold office for more twenty years, and
they are an absolutely essential part of the
Republican party in many of the northern
states. The republicans seem to want to
make the south do what they will not do
themsolves. It will not do to say that sim
ply because the cegroos are not in the
majority they ought to be excluded, for if
they are American citizens and as good as
the whites they certainly ought uot to be ex
cluded, because there are not enough in one
district to elect one of their own number
without assistance from the white republi
cans.”
CONGRESSMAN WILSON’S VIEWS.
Congressman W. L. Wilson of West Vir
ginia said to-day: “Mr. Reed’s speech is
very significant. Ho told briefly what the
Republican party expects to do in the
matter of a federal election law. That law,
under the House rules, could be passed with
ease in the lower body, and its only chance
of stoppage is in the Senate. I can’t believe
that Mr. Chandler’s resolution will be
adopted. Years ago Henry Clay attempted
to have the Senate adopt such a rule as it
had been adopted by the House, but despite
the fact that he had had the entire Senate
at his back there was a tremendous storm
of protest, and Mr. Clay abandoned the
idea as impracticable and unjust. The fed
eral election law it is proposed to pass is a
usurpation of the rights of a state. There
is only one step farther that can be taken
and that is to abolish the right
to vote. The framers of the con
stitution had no ida that at any further
time any party would have the audacity to
propose such a law. Tne republican idea is
to take from the hands of tbo states the
machinery of election.
CONTRARY TO THE CONSTITUTION.
“This is opposed to the spirit of the con
stitutioD. The states have not only the
right to conduct the election of their rep
resentatives in congress, but have the right
to decide whether these congressmen are
elected. The general government has, in
my opinion, no right to interfere In such
matters. It means a centralization of
power and would, in my opinion, cause
great disturbance all over the country.
As Senator Pugh said, it would tend to
create violent political demonstrations, and
would probably result in bloodshed. The
present rules of the House
do cot help the enactment of
laws as the result of discussion,
but on the contrary, the laws that are being
passed by the House are caucus measures
that are hatched in secret conference,
brought into the House and passed with no
discussion regarding the merits of the law
in question. The judiciary bill that was
passed the other day, one of the must im
portant that congress has considered this
session, and Involving a complete change in
the judiciary system, was passed after an
hour’s discussion. For that reason I think
that the Chandler resolution will fail in the
Senate It is against all precedent, it
is just as revolutionary as Mr. Reed’s
rulings and has the same ultimate object,
the suppression of opinion on the part of
legislator
Senator Voorhees, who expects an im
portant part in the discussion, declined to
be interviewed to-day on the subject,
merely contenting himself with remarking
the “paws-paws will be ripe before the
Chandler resolution passes In the Senate. ” -
A VILE SLANDER.
Judge Crisp said of Mr. Reed’s speech:
“It is a vile slander on the people of the
SAVANNAH, GA., TUESDAY APRIL 29, 1890.
south. There is no demand for a federal
election law by the best people, either north
or south. Certain republican politicians
have endeavored to create such a demand in
the north by misrepresentation and slander
ous statements as to the condition of affairs
in the south, for the purpose of justifying
thi in the passage of a law locking osten
sibly to the purity of elections, but really
Intend to seoure the appointment cf a
republican returning board to falsify the real
vote and certify the election of reoubiican
congressmen from the south, whether they
are in fact elected or not. Mr. Reed is "a
type of that class of politicians who will
not hesitate at anything to keep the Repub
lican party in power. Hi* speech at Pitts
burg demonstrates this.
AN UNTRUE STATEMENT.
“He says the people of the south justify
electiou lrauds and lynching. This state
ment is absolutely untrue and no man who
had a proper regard for the truth would say
such a thing. Even the scurvy politician
who teems to ses the things he does not ought
to pi eserve an appearance of decency.
“No party necessity can justify such slan
ders and abuse of a people. Southern men
as a class will always be found true to every
principle of honor. Any one who knows
them is aware of this, and such utterances
as these attributed to Mr. Heed in his Pitts
burg speech can only have the effect of be
littling him. They can’t hurt us.”
BB3SION OF THE SENATE..
The Florida Land Grant Question
Again Discussed.
Washington, April 2&— In the Senate
this morning in connection with the pres
entation of a memorial in relation to the Mis
sissippi river discussion sprung up and was
participated in by many senators, the point
turning on the question whether the levee
system or outlet system was oorrect, or
whether there should not be a combination
of the two. After the discussion had con
tinued some time Vice President Morton
said that there was no question before the
Senate, and the business of the morning
hour was proceeded with.
Mr. Blackburn introduced a bill for the
admission of the state of Arizona. It was
referred.
Mr. Call gave notice that on May 11 he
would address the Senate cn the joint reso
lution heretofore offered by him as to open
ing negotiations with Spain to allow Cuba
to establish a republic.
The land forfeiture bill was then taken
up, the peudmg question being Mr. Call’s
amendment in relation to railroad lands in
Florida
Mr. Pasco argued against tho amendment
and stated the grounds why he disagreed
with his colleague in the matter.
TWO HOURS OF TALK.
The two Florida senators carried on a
colloquial discussion with each other for
over two hours, and then Mr. Dolph made
a statement in opposition to Mr. Call’s
amendment, as not presenting a proper
subject for legislation, which prompted Mr.
Call to restate some of tne points in the
matter, which affected, he said, 550,000 acres
between Waldo and Tampa that were
claimed by two or three men, and that wore
partly occupied by hard-working, honest
settlers, whose rights bis amendment would
protect, and to declare that tho pending
bill wag really anew appropriation of the
public domain, not forfeiture. The bill
wont over without action, Mr. Plumb giving
notice that lie would ask the Senate to sit
it out to-morrow.
SONS OF THE REVOLUTION.
On motion of Mr. Evarts the Senato bill
to incorporate the society of the Sons of tho
American Revolution (reported by him
from tne library committee) was taken from
the calendar aud read.
Mr. Ingalls questioned the necessity and
propriety of allowing tho society
to hold property in tho Dis
trict of Columbia to tho large amount of
$500,000, and also of having it incorporated
by congress wnen it could be done under
the general law. He intimated that there
might be something veiled, disguised and
concealed in allowing the society to hold
such a large amount of property.
Mr. Plumb made some satirical remarks
about the efforts to encourage the patriot
ism that was lying around loose in the
country, and moved to amend the bill by
providing that the privileges conferred in
the bill should be extended to the Grand
Army of the Republic. As there was no
quorum voting on the amendment, tho vote
being 12 to 14, the Senate, without actiou
on the bill, adjourned.
IN THE HOUSE.
Bills Relating to the District of Colum
bia Taken Up.
Washington, April 28.—1n the .House
this morning the legislative, executive and
judicial appropriation bill was passed
without division.
The House then went into committee of
the whole, with Mr. Burrows of Michigan
in the chair, on bills relating to the District
of Columbia.
The pending bill was that for tho estab
lishment of Rock Creek park. On motioa
of Mr. Payson of Illinois an amendment
was adopted providing for a special assess
ment upon property directly benefited by
the location of the park, the assessment to
be made by a commission to bs appointed
by the President. The balance of the sum
required for the establishment of the park
is to be paid equally by the United States
and the district.
A motion to recommit failed, and the bill
was laid aside with a favorable recom
mendation.
The bill appropriating $60,000 for the
construction of a bridge across the eastern
branch at Bennings’ Road was also laid
aside with a favorable recommendation.
The committee having risen, the Rock
Creek park bill was defeated, the vote bo:
ing yeas 78, nays 89. Mr. Hemphill of
South Carolina voted in the negative in
order to move reconsideration. This mo
tion having been made, the House at 5:15
o’clock adjourned.
DUDLEY AND DAVIS.
A Probability That Neither Will be
Confirmed as Postmaster.
Washington, April 28.—1 t begins to
look as though neither of the two negro
postmasters nominated by President Harri
son for Georgia would be confirmed. Both
Dudley of Americus, and Davis of Athens,
are hung up in the Senate committee. As
□either will be confirmed, it is not improb
able that Postmaster General Wanamaker
may have them both withdrawn. The re
spectful tone of the Athens’ petition, with
its respectable signatures, impressed him.
The Anti-Polygamy Aot.
Washington, April 28.—The House com
mittee on territories to-day, by a Vote of 7
to 3, authorized a favorable report on the
bill which it has had under consideration
for some time, to amend the Edraunds-
Tuckor anti-polygamy act. It enlarges the
scope of that law by disfranchising the ad
herents of the Mormon faith who refuse to
take the prescribed oath. It also pre
scribes a more elaborate form of oath that
voters are compelled to taka
Georg.ana at Washington.
Washington, April 28.— Hon. Fleming
dußignon and Gov. Bullock were here to
day.
FIRE LIGHTS THE FLOOD.
SEVEN PEOPLE DROWNED IN
FLEEING FROM A BURNING GIN.
The Building Burrounded by Water
Beven Feet Deep and Every Chance
of Escape Full of Hazard—The Re
port of the Drowning of the Wat
son Family Confirmed.
New Orleans, April 28.—The steam gin
and saw-mill of Charles Lawrence, situ
ated in Sparkley county, three miles from
Rolling Fork, Miss., was burned Saturday
night. The loss is only SSOO to $lOO. Mr.
Lawrence’s tenants were quartered in the
gin and in their efforts to escape from the
flames seven were drowned. The building
was surrounded by water seven feet deep.
The people had taken refuge there from the
overflow, and it is stated their carelossness
caused the fire.
The report that several lives had been lost
in the vicinity of Lobdel bos been confirmed.
A family named Watson, numbering five
persons, was drowned.
FALLING at ST, JOSEPH.
The Times-Democrat's Bt. Joseph spec
ial says: “There has been a decline of one
luch In the past forty-eight hours. The levees
are all holding well. The backwater is about
on a stand, and it is not believed that over
15 per cent, of the cultivated land in
this parish (Tensas) is under water. The
weather is clear and oold.”
AT WORK at BATON ROUGE.
A special to the Daily States from Baton
Rouge says: "The relief boat, Dacotab.
laid at the Martinez crovasso all of last
night. Tho break is virtually closed. The
laborors on the Dacotab, together with
other hands began sacking at 2:80 o’clock
yesterday morning. Nearly 100,000 sacks
were dropped in front of the crib work, aud
at 6 o’clock the backwater had fallen three
feet. At intervals the water would get the
best of the workmen and rush through the
small aperture with lightning-like speed,
cutting a deep channel under tho
cribbing. Such places were dangerous,
and whenever they occurred, the entire
force would be concentrated on the danger
point and hundreds of sacks dropped into
the hole. This morning the crevasse is
bare'.y leaking, but there is not a sufficiency
of sacks. The Dacotah came up to Baton
Rouge for another load of sacks, arriving
hero at 11 o’clock. She will load immedi
ately and will roturn to the crevasse this
afternoon aud, unless something occurs to
change the programme, will be iu New
Orleans to-night.
IN THE NICK OF TIME.
"James D. Houston, who has been at
Martinez ever since tho break, authorizes
me to say that had it not been for the
timely aid of the Daootah the Martinez
crevasse would not now have beon closed.
The relief boat made two trips from Capital
to tho break, carrying nearly 50,000 sacks.
Having these at hand enabled tho workman
to use them at the proper moment to pro
tect the crib work and prevent
its washing out. Mr. Houston also
stated that the oredit for the successful
fight against the crevasse was due to Will
ium Cummings, road master of the Valley
road. He developed ull the plans and left it
to Mr. Houstou and the others to see that
they were c&rriod out.
“General Manager liarslian of the Mis
sissippi Valley railroad is on the scene, and
will remain until the danger is over.
“Will Clark, at whoso place tho Lobdell
levee broke, arrived from that place this
morning. He stated that the water was
still rushing through with terrible velocity,
but os soon as the material arrived an at
tempt would be made to close tho break.
The river is steadily declining, and all fear
of further breaks has gone.”
THE FLOODS IN TEXAS.
Dallas, Tex., April 28.—About 400
housos in the suburbs have been abandoned
on account of the flood. The Trinity river
at this rise was a few inches higher than
tiiat of 1866, whioh was the highest recorded
within the memory of the oldest settlers.
Large forces of inen are hard at work re
pairing the washouts on the Texas and
Pacific, Gulf, Colorado and Santa Fe, Mis
souri Pacific, Kansas and Texas, Texas
Trunk and Oak Cliff Elevated railways.
ELEVATORS FLOODED.
The water last night ran through tho
windows of the first floor of the Dallas
elevator, and damaged a large amount of
wheat.
The St. Louis Press Brick Company are
heavy losers, as well as Allen, Worth aud
Pussy. Two thousand bales of cotton were
soaked at the compress at the foot of Lamar
street, and the 1 ‘alias Brewing Company
will suffer considerably from inconvenience
caused by the water.
The Eureka Steam Laundry has sus
pended operations as the water is several
foot deep in their building.
A MAIL POUCH LOST.
Yesterday as the mail was being trans
ferred from one train to the other on the
Texas and Pacific railway, a pouch of regis
tered mail slipped off the handcar and sunk
iu the swift current before it could be re
covered.
The city water works are useless, and the
water for making steam and sprinkling the
streets is getting very scarce. Tho streets
could not be sprinkled on that account to
day. The damage done by the flood in Dal
las will amount to several hundred thousand
dollars.
RATIONS NEEDED.
Washington, April 28. —Secretary
Proctor has received several replies to his
telegrams asking for information in regard
to the extent of the suffering in tho over
flowed districts of the south. The governor
of Louisiana said that ten days rations for
25,000 people should bo sent to New Or
leaus for distribution throughout the state.
The governor of Mississippi said there|aro
probably 20,000 persons iu that state need
ing assistance, ami the governor of Arkan
sas said that 500 people in Phillips county
and a considerable number in Desha county
are in great need of relief.
Lteut. James L. Wilson of the Fourth
artillery, at Jackson barracks, Mississippi,
has been directed to report to Capt. Wes
ton, acting department quartermaster at
New Orleans, for temporary duty in con
nection withtbereliof of the flood sufferers,
and Maj. Gen. Howard at New York
has been directed to detail such other
assistants as may be required. Capt. XV ee
tou has been instructed to use bis own dis
cretion in regard to the issue of green
shoulders aud corn meal instead of bacon
and flour, and to do at once all be can for
the relief of all who need it. He has been
given ample powers in the matter of trans
portation and the employment of assistants.
Archer Indicted.
Baltimore, April 28.—Ex-State Treas
urer Archer was presented by the grand
jury here to-day on a charge of embezzling
SIIB,OOO of state funds.
The grand jury at Annapolis’ also found
a presentment against ex-Treaiurer Archer
for malfeasance in office. It is thought that
the caset here will wait until the indictment
for embezzlement in Baltimore is disposed
of.
Death of a Judge.
Baltimore, Md., April 28.—Hon. John
E. Smith, associate judge of the Fifth judi
cial circuit of Maryland, died at bis resi
dence in Westminster this morning.
AN OPERA SINGER KILLED.
Other Members of Her Company In
jured in the Same Accident.
Staunton, Va., April 38.—This morn
ing about 8 o’clock a fearful railroad acci
dent occurred at Staunton, on the Chesa
peake and Ohio railroad. The vestibule
train, due here from the west at 1 o’clock,
was two hours late. About 3 o’clock it
came whirling on at a speed of seventy
miles an hour, the engine having the ap
pearance of a sheet of Are. A number of
persons were on the station platform, and
had barely time to escape. As the train
reached the passenger station tbo rear
sleeper careened, striking the platform,
tearing away the iron posts, and demolish
ing the whole platform structure. It struck
the eastern baggage house fifty rods from
the station, anew brick building, crushing
in Its front and wrecking the building.
A SLEEPER IN FRAGMENTS,
The rear sleeper then Jumped tho track
and turned over on its side a few feet from
the track, shattering the car into fragments.
There woro a number of passengers on the
sleeper, among them the “Pearl of I’ekln’’
troupe ou their way from Cincinnati to
New York city. The fire alarm was
sounded and the Are companies responded
Instantly and went to work on the wreck,
assisted by many citizens, to rescue tho
passengers from their imprisonment.
A BINDER KILLED.
One person was killed, Miss Myrtle Knox
of Kansas City, one of the opera troupe. She
was fearfully mangled. One leg was out
off below tho knee, her left arm was broken
and her right shoulder dislocated. A piece
of wood was buried in her thigh, cutting
an artery and causing death from bleeding
in a few moments, aud before surgical aid
could be summoned.
THE INJURED.
Those known to have been injured are:
W. J. Kirkpatrick of New York,
wounded in tho log aud head. It is thought
he will recover.
L. M. Sloman of Cincinnati, slightly
injured.
Edith Miller of New York, leg broken.
Mrs. Edward Webb, leg bruised.
Edward Stevens, shoulder sprained.
Miss Perth a Fisher, concussion of the
spine and coutusion of the abdomen; con
sidered serious.
Lewis Harrison, scalp wound.
Miss Jane Dunham, sprained ankle.
All of tho injured beloug to the “I’oarl of
Pekin” troupe except Mr. Kirkpatrick.
ALL THE HARM DONE IN ONE COACH.
There were six coaches, two of wbiah
were Bloopers. No one was injured except
those in the rear sleeper.
The engine and other cars rushed on for a
mile, when the engineer, on an up grade,
got control of the engine.
The accidout was caused by the brake
rod falling, throwing tho ballast among tbo
air brake connections, rendering the brakes
useless and causing the engineer to lose
control of his train.
The wounded wore taken to the Virginia
hotel, whore they are beiug well cared for.
The body of Miss Knox was seat to an
undertaker to be embalmed.
KEMMLER’S COMING DEATH.
An Expert in Resuscitating to be
Given a Chance.
Auburn, N. Y., April 28.—Kemmlor’s
last Sunday on earth was spent in much the
same way as the previous days of his years’
life —If life it can bo called—in solitary
conAnement. He never sees a living soul
outside of his two guards, bis spiritual ad
viser, and occasionally the warden’s w ife.
He occupies his time between meals in
studying his pictorial Bible and writing
his autograph or. cards, of which he has
dashed off a great many.
A RESUSCITATING MACHINE.
Dr. Tell, a Buffalo scientist, with a patent
resuscitating apparatus, has arrrived, aud
is a guest of Warden Durston. He is hero
at the request of the warden to see that
everything goes off smoothly. The doctor
tried his patent on animals which were put
to death by electricity in the prison in Jan
uary last, when the machinery was first
tested. It failed at that time to resuscitate
thesubjects.and went far toward convincing
the electrical commission that death, and
not mere suspended animation, was pro
duced •instantaneously. It is understood
that he will also try the apparatus on
Kommler after the latter has received 1,000
volts.
THE DAY OF DEATH.
Warden Durston has not yet let fall the
first inkling as to the precise day of Komm
ler 1 ! taking off. It is generally believed
that Wednesday will be the day, but cer
tainly no later than Thursday. It is also
thought that the execution will take place
at a very early hour in the morning, per
haps before day light. But these are mere
surmises. New York city nowspaper men
are here in great force. The warden la as
unyielding as adamant in shutting out press
reporters, but some of the doctors or guards
at tho execution may be prevailed upon to
talk after it is all over.
ANTI-JEWISH BIOTS.
Troops Being Hurried to KalicJtneta
to Stop tbe Outbreaks.
Vienna, April 28.—The peasants and
laborers at Kallometa, in Gallicia, whose
anti-Jewish riotiDg was reported last night,
are making threats against the lives of
landlords. Several of tho rioters have been
arrested. Further trouble is feared. The
military has been called upon to quell the
rioting, aud troops are being hurried to the
town.
ORDER RESTORED.
Vienna, April 29, 3 a. m.—Later dis
patches say that tho troops have restored
order at Kolomea. During the rioting peas
ants attainted to burn several mansions.
'I he movement is spreading throughout
Galicia.
The potroleum district of Dronobics is in
a state of ferment and many excesses have
been committed. A number of the more
prominent offenders have been arrested.
The garrison of Pesth will occupy the
bridges and squares of that city on May
day.
SHOT IN A RUSSIAN FORTRESS.
One of the Cronstadt Conspirators
Secretly Executed.
London, April 29, 3a. m.— The Chroni
cle’* Vienna correspondent says that
Schmidt, who was implicated in tbo Cron
stadt scandal, has been secretly shot in the
Fortress of Peter and Paul. Russian papers
were forbidden to mention the shooting.
The German naval and military attaches
at St. Petersburg are treated coldly by the
Russian officers, and their expulsion from
the clubs to which they belong i3 con
templated.
The Grend Duke of Oldenburg has been
appointed governor of Finland.
Agaln6t the Butterwortb Bill.
New York, April 23.—A protest against
the passage of the Butterworth bill has re-'
ceived many signatures among cotton firms
here. It is addressed to the cotton growers
and business men of the south.
If your druggist is out of Smith’s Bile
Beans, order them from the manufacturers,
1. F. Smith & Cos., St. Louis, Mo.— Ada.
1 DATIYJJOA YEAR. I
1 M-ENTSA COPY. V
I WEEKLY.I.ttAYEAB. |
IRELAND’S LAND PUZZLE*
CHAMBERLAIN SPBAK3 ON THV
ISSUE IN THE COMMONS.
Hs Declares tba Parnel Ute Sugges*
tions Regarding Cheap Land Regis
tration and Transfer Worthy of Con
sideration—He Suggests the Paasaga
of an Irish Local Government BUL
London, April 28.—1n the House of Com
mons this evening Mr. Chamberlain said he
agreed with the Parnollites that the sug
gestions relating to the establishment of
cheap land registration and transfer were
worthy of consideration and would meet
with general acceptance. He did not object
to state aid for Ireland, but said that if
the state placed these people In a better
position tho state had a right to make con
ditions which would prevent those districts
from relapsing into the position from whioh
they had bee i raised. Mr. Parnell’s scheme
could not be safely substituted for the gov
ernment’s, but the government might limiil
a bill to holdings of leu than £SO leutal.
WANTS THEM UTILIZED.
Mr. Chamberlain said he was iu faver of
Incorporating to some extent Mr. Parnell'S
proposals iu the government’s bill. He ad
mitted the strength of the objection to
hypothecating Irish local resources without
the consent of the Irish people, and agreed
that the government's assuming the position
of landlord would pave the way to friction
and possibly to danger. He suggested as a
means of meeting Mr. Parnell’s objections
that the house quickly dispose of the land
purchase bill in order to enable tho govern
ment to introduce and pass an Irish local
government bill during the present session.
[lronical Irish cheers.] But whether sueh a
bill were passed at this or the next session,
could not the government promise the
formation of Irish county councils whioh,
when established, should take over the
working of the land purchase bill, the col
lecting of the installments and tbo handling
of the British exchequer! He believed ths
league onuld exorcise but little control ores
the counoils, certainly not more than ovet
the tenants.
WOULD SATISFY GLADSTONE.
This plan would meet tho bulk of Glad
stone’s “vital objections," The land ques
tion ought not to be one of party politics. *
They all agreed as to many or the principles
involved, and it should not be impossible,by
concessions and sacriAcet, to arrive at a set
tlement whioh, being a national instead oi
a party settlement, would have an Infinitely
greater chance of being permanent aud ben
cAcial.
SKATING ON THIN ICE.
Sir William Vernon Harcourt congratu
lated Mr. Chamberlain upon bis skill in
skating upon thin ice. Ho felt obliged tfl
to ask him whether his speech was for oi
against second reading. The government,
Mir William continued, had better withdraw
the bill rather than accept the plans of both
jHr. Parnell and Mr. Chamberlain. They
could not treat their bill with such indiffer
ence as Mr. Ciiamberiain had. Mir William
described the bill as liktja paten t medicine—il
would cure everything. Everybody was tc
get something out of nothing. The British
treasury would go bail for all, and th<
British taxpayer would ruu no risk,
[Laughter.] Criticising the bill in de
tail on the lines of former speakers, hs
declared that it would be impossible to
settle the land .question until political peace
was made with Ireland. If England was
ever placed in the position of an evictor ol
Irish touants. home rule would soon come.
A serious objection was that it would form a
precedent for the English, Scotch and
Welsh tenants ia making similai
demands for other objects. He was aston
ished to Anil Mr. Goschen the leader oi
such switchback Anance.
T. P. O’Connor pressed the government
to declare its intentions in regard to Mr.
Chamberlain's suggestions. He said that
the bill was a thoroughly bad measure by s
thoroughly bad government.
BUCKET BHOP BREAKS.
Two Mora Concerns Forced to tbs
Wall by tbe Rise.
Philadelphia, April 28.—Merrick, Pri
& Cos., proprietors of a bucket shop her*
to-day announced their suspension. Thi
firm “laid down” on their customers (as tb
brokers term it), but announces that it will
pay 100 cents on the dollar. This is the seo
ond bucket shop which has gone under here
since the recent “bull” movement in stocks,
A PITTSBURG CONCERN FAILS.
Pittsburg, April 28.—Another bucket
shop failure was reported here to-day. JT
R. Johnston & Cos., doing business in thi
petroleum exchange building, suspended
this morning. The amount of their liabili
ties are not known, but tbe firm say they wil
bo able to pay 75 cents ou tbe dollar, an 4
probably dollar for dollar of their indebt*
edni-ss. " The failure was caused by thi
steady advance in the stock market.
A CORONER GOES TO JAIL.
He Received $2,000 from a Bank on t
Check for S2OO.
Newark. N. J., April 28.—Coroner W,
W. Vrelaud was to-day sentenced to on<
year in the penitentiary by Judge Kirk>
patrick of the Essex county court of comi
moo pleas. He was convicted of bavin]
received 12,000 from the cashier of thi
National Newark Banking Company on i
S2OO check. He had refused to refund thi
difference, but under pressure made partia
restitution. He was indicted by the gran4
jury, his influence being of no avail Thi
coroner is prostrated by the sentence.
Samoa's Settlement.
Melbourne, April 23.—Advices from
Samoa received here state that Malietoa
king of Samoa, has signed a treaty for thi
settlement of tbe Samoan troubles in thi
presence of the various consuls at Apin'
and a large number of tbe Samoan people,
Tamaseso and his party have signifledJtW
acceptance of the new regime.
Germany and the Sugar Bounty.
Berlin, April 28.—1n the upper house ol
the Prussian Diet to-day Herr von Schol*
minister of finance, said that even if thi
London convention should prove without
result the question must be weighed how t<
meet tbe feeling against a bounty on sugar
IBoulangism’s Death Blow.
Paris, April 28.—Full return* show t
tremendous falling off in the Boulangis
vote at the municipal elections. The resul
of the balloting is looked upon u a oom
plete death blow to Boulaugism.
A New Receiver.
New York, April 28. —Judge Allen to
day substituted Lowell Lincoln as assigns*
of tbe firm of John F. Plummer & Cos., it
plaoe of Jeremiah P. Murphy. Applicatioi
for the substitution was made by Strong 8
Cadwalader, who represent creditors t<
whom is due (609,000. It was not opposed
A fact that all men with gray and man]
shaded whiskers should know, that Buck
ingham's Dye always colors an even brourt
or black at will. — Ada.
