Newspaper Page Text
THE MORNING NEWS.
f>toWished l l * so - * Incorporated 1888
J. H. EBTILL. President.
CARTER’S BOND PURCHASES.
made c lose upon his issuing ims-
BI RSIXG CHECKS.
\\> ,cott Denies That the Funds Used
ly Carter Were Fiiruinhed by Him.
\\ hen Carter Wa* Charged With
Fraud Weseott llofu*ed to Keep
Carter’s Securitlea Any Lonaer.
Johnson Finds Carter Received
One.Third of the Spoils.
Atlanta, April 29.—ThA Constitution to
morrow morning will print the report of
Edward I. Johnson, the expert account
ant. detailed by Attorney General Griggs
to assist United States District Attorney
Erwin of Georgia in developing the extent
of the frauds charged to have been per
petrated upon the government by former
(.’apt. Oberlin M. Carter, now serving a
sentence in the military prison at Leav
enworth, Kan.
Accompanying the report which was
ma le yesterday to Mr. Erwin, is a state
ment from Mr. Weseott, Carter’s father
in-law. in which he repudiates Carter’s
statement that the assets in the affair
were Wescott’s. Following are extracts
from Expert Johnson’s report:
Deposits on Same Dates.
Feb. 10, 1893.—Carter issued disbursing
checks to the contractors, which were de
posited by them, for $48,000, of which one
third is drawn out by them, and on same
date, Carter invests $16,000 in bonds.
Aug. 7, IS93—Carter issued a disbursing
check to'the contractors, which was de
posited by them, for $39,076, of which one
third, less $75 allowed for Carter’s ex
penses to New York, is withdrawn by
them, and two days later Carter invests
$13,000 in bonds.
Nov. 6, 1893—Carter Issued a disbursing
check to the contractors for SIB,OOO, of
which one-third was withdrawn from de
posit, and the same day Carter invested
$6,000 in bonds. '
I). \ 4. 1893 —Carter issued disbursing
checks to the contractors, which were
deposited by them, for $63,075, of which
one-third, leas $75 allowed for Carter's
expenses to New York, is withdrawn by
them, and on the same day Carter In
vests $21,000 in securities.
Jan. 8. 1894—Carter issued disbursing
cherks to the contractors, which were de
posited by them for $49,575, of which on£-
third. less $75 allowed for Carter’s ex
panses to New is by
them and on the same date Carter invests
$16,500 in securities.
Feb. 5, 18!4.—Carter issued disbursing
ch'-ok to the contractors, which was de
posit* and bv them, for $54,000, of which one
third was withdrawn in cash by them and
on the same clay Carter invests SIB,OOO in
s cu rities.
Sept. 8, 1894.—Carter issued disbursing
* he k to the contractors for $461,075. Sept.
11. 1894. cashed by them $152,510.75. Depos
ited by Carter on same date $103,022.78, and
subs quently invested by him, including
another collection Dec. 4, 1894, of $53,000.
Kept t p the Divisions.
Tim report shows a continuance of the
divisions month by month as the money
was paid by the government from the be
ginning to the end of Carter’s control at
Savannah, and on this feature of the re
port the Constitution says the figures show
Carter’s one-third of the spoils to have
b< < n over • $550,000, exclusive of his share
in the last checks for $575,749.90. which
w* t. paid over in New York at the time
t arier was about to leave the district
"Inn succeeded by Capt. Gillette.
Weneott’R Side of It.
Expert Johnson’s report says that Mr.
ott, in a writetn statement, gives
the government full access to his accounts
in (he banks and his private papers. The: e
.‘-how, the examiner reports, that while
C.m. r. frequently through Greene and Che
Gaynors and otherwise, made Weseott a
depmjiary of money, in every instance it
V ‘ lurnf(l over or invested as Carter di
n jtr.i These paper® show also that whe i
the first charge of fraud was made against
< itr-r by the board of Inquiry, Weseott
in and to keep Carter's securities any
longer.
W'.' Ott has furnished the government
"i f h the recqjpt of Carter in the Cap
tain's own handwriting under dates of
(, < li and 29, 1897, for all of Carter’s
securities left with him and so returned
by him to Carter, amounting to over
the receipts specifying the se
curcii-s in detail.
These securities did not include, how
e', ’ r ' ; dl of Carter’s investments made
sin p th' beginning of his operations with
t.a other defendants. This would indi
t’ *be total loss to the government of
$2,000,000.
READY TO AXSWEI/ CHARGES.
Gale* nnd Lambert Are in New York
\waltitiMT Any Summon*.
N ' ; \ York, April 29.—John W. Gatos
°(‘d John Lambert, chairman of the board
o directors and president, respectively,
° the American Steel and Wire Com-
I Htiv, arrived to-night ready to face any
b-d proceedings in connection with their
c* i dn. i of the affairs of the company.
\ ice President Kllwood whs with them
uid their counsel Immediately Joined
them.
mdnight, Messrs Gatos and Lam
bert hm.lo ihis M.itoment
l-oit, Messrs. Gates and came
h ' xpressly to respond to any process
Bummona of any kind which anyone
‘‘V have issued against them.
A .vet no paper or process has been
''’•d or presented.
Any l mrge that either one made any
' statement concerning the affairs or
“'Kin | )|, of the American Steel and Wire
•anpHMy 1h unqualifiedly false.
I ( ''" n>sf d has bt?en retained and author -
■ * accept service of any process or
rs against us."
•’•IRTE HAM NOT VKT RGPMKD.
Mini Figuring „„ „ way of Hon 11 ok
Around the lluxli.
1 "nsiantlnople, A j*rll 28. -The Porn* ha.*
, "’ 1 >< I replied to the note handed lo I>-w
hli the Turkish Minister for Kor-
I Affairs, by the I'nlltd Status Charge
' lT|lr *> Mr. l.loyd Qriacom, regarding
In.l. maty claimed, and the situation
’ uio-huiiewl.
i. b'-ityved | n gome quarter* thel a
lenient will yet l<e made hy means of
II ’ *,rang,with private American
|( ’ l 'actors, oqsivvalJng the actual psy
'i, and 4hua r. 14**vine the Ottoman gov
' 'n f n*eit f rutn admitting rcjioic'i dill[y for
.. ' ‘"’'’■•a occasioned at tha time of tha
-'“Out*.
Ws* Ifiofrong Itogl
DEWKV’S LlXllllOlS TR AIN'.
Scheduled to Arrive In Chicago at
10 O’Cloclc This Morning.
Washington, April 29.—Admiral Dewey,
accompanied by Mrs. Dewey and his pri
vate secretary, Lieut. Caldwell, left here
to-day at noon in a special (rain over the
Baltimore and Ohio Railroad en route to
Chicago to participate in the celebration
of the second anniversary of the battle of
Manila.
Their train was one of the finest which
has ever left the Capital City and is sched
uled to reach Chicago at 10 o’clock to-mor
row morning. It consisted of three hand
some cars fitted with luxury and
convenience to insure the greatest iiossiblo
comfort for the travelers. Upon the Cen
tral windows on either side of the three
cars are painted the Admiral’s flag and
the hotel car was profusely decorated with
cut flowers and potted plants.
Just before the train pulled out of the
station Mrs. Dewey was pre.-entrd a hand
some bouquet of American Beauty roses.
Probably 1,000 people were on hand and a
cheer went up at it finally pulled out.
Mr. J. H. iladdy of the Baltimore and
Ohio Railroad accompanied the party In
order to give his personal sup.rvision to
the trip.
WOULD Hi: IN BAD TASTE.
Dewey Declined to Discuss Polities
at Present.
Washington, April 29.—Admiral Dewey
was seen to-day at his home just before
leaving the city for Chicago, and was
asked if he had any statement' to make
regarding the presidency.
“No,” said he. “I think it would be in
bad taste for me to say anything of a
political nature just at this time. As the
Admiral of the navy I accepted the in
vitations to visit Chicago, Jacksonville,
St. Louis, Memphis, Nashville and Knox
ville, which cities had asked me to be
their guest; and I do not wish anything
political to enter Into the trip.”
CROAVDS AT ALL STATIONS.
Admiral Greeted Them But AVould
Not Talk Polities.
Pittsburg, April 29.—Admiral Dewey's
special train over the Baltimore and Ohio
Railroad arrived at Pittsburg to-night.
The train did not go into the station,
hut whs transferred at Laughlin Junc
tion.
A large crowd of people had assembled
lo see the Admiral at the different sta
tions, and he greeted them from the plat
form of the car.
The trip from Washington to Pittsburg
was uneventful. At Connellsville about
one-balf of the population of the town
was present to greet the Admiral. He
declined to discuss politics with those
who called on him, saying the trip had
no political significance whatever.
BIG STRIKE IS THREATENED.
Said That SO.OIMt New York nnllrond
Workmen May Quit To-day.
Buffalo, N. Y., April 29.—The striking
employes of the 'New York Central have
given the company until 1 o’clock to-mor
row to grant their demands. If the con
cessions are not made by that time it is
the intention of the strike leaders to ex
tend the strike, and they predict that it
will be the largest in the history of rail
roads of the East, crippling nearly every
road entering Buffalo.
A strike leader said to-night that with
in twenty-four hours after 1 o’clock to
morrow afternoon. 30.009 men would join
the ranks of the strikers, if the situation
seemed to demand it.
The members of the board of mediation
and arbitration conceded to-day that the
situation was grave, and they did not
disguise their belief that a great rail
road strike is Imminent. After consulta
tion with railroad officials and Mayor
Diehl and Commissioner Cooper, the super
intendent of police to-day promulgated
an order declaring emergency, and calling
the whole police force on duty.
An Important conference was held to
day between Commissioners Delahnnty
and Webstt r of the State Board or Media
tion and Arbitration, and the committee
of strikers, headed by Chairman A. M.
Fish. At the request of the arbitrate a
the rock bottom terms which the men are
willing to accept from the New Yo k Cen
tral were presented. They are Identical
with the original demands, including a
general increase in wages and the re-em
ployment of discharged union men. They
decline to consider uny compromise anl
say there will be no settlement until the
roads agreed to h uniform scale of wages.
Commissioner Delahanty has gone to
New York to confer with Suptrintendent
of Motive Power Walt of the New York
Central, and will telegraph Mr. Wait’s re
ply to the Strikers’ Executive Committee.
WILL JOIN THE STRIKERS.
I
Freight Honse Employe* Say They
Will Go Out To-<lny.
Buffalo. N. Y., April 29.—T0-night 200
New York Central freight house em
ployes announced that they would Join
the strikers' to-morrow. The strikers as
sert that the conductors, trainmen and
brakemen of the New York Central will
refuse to work on the ground that the
present car Inspection is a menace to life
and limb.
AVill Not Alf ret Engineers.
Cleveland, Apill 29 -Chief P. M. Arthur
of the Brotherhood of Locomotive Engin
eers, said to-night that the engineers of
the New York Central would not be af
fected by the threatened tie-up.
HER DAUGHTER 111 It NED. TOO.
Tried In Extinguish Flames Whlrh
( oat Mrs. W ilson Her Life.
Havana, April 29.—fn the terrible acci
dent at Maianzus yesterday, which re
aulted in tihe death of the wife of Oen.
Wilson, Governor of the Department of
Mataiixas-Huntn Clara. (he daughter,
who wus driving with her, was also
burned, though not seriously, while en
deavoring to extinguish the (lames, The
coachman was somewhat burned while
assisting. Mrs Wilson’s hands were so
badly swollen before her death that It
watt found necessary to cut the rings from
her fingers in order <o give her relief
■
Dieasflrone I'rtlese In Spain.
Madrid, April if -flntt damage las
Ijoen caused by u violent tycltrt In the
province of Huelva. Twice house* I4 e
fallen and sixty others thie.uu to fed
Tha nuiwey fust M daattuyati.
SAVANNAH. GA.. MONDAY. APRIL 30. 1909.
COULD NOT CATCH THE BOERS.
FREXCH’S CAVALRY IS RETURXIXG
TO JULOEMFOINTEIX.
Xo Xeu- Light Upon the Main Ques
tion of the Advance to Pretoria.
There 1* a Xeed for Many Horse*.
Last Week’* Preparations Regard
ed a* a Failure—Klder Delegates
Coining to America—Recent Fight
Near Tliaba Xehu.
London, April 30, 5 a. m.—The only dis
patch from Lord Roberts published yes
terday was the usual list of deaths and
sicknesses. The flood of newspaper dis
patches to-day describing the recent op
erations throws no light whatever upon
the present position of affairs or upon
the great question as to when the main
advance is to begin.
The Standard's announcement that
Gen. French’s cavalry is returning to
Bloemfontein is clear proof that there is
no further hope of catching the retreating
Boers, and the London papers are be
ginning to display impatience at the prac
tical failure of the elaborate operations
of last week.
Without doubt these operations have
been of a very exhausting nature and will
entail further delay. The Bloemfontein
correspondent of the Times, writing on
March 3, after the Paardeberg affair, de
scribes Lord Roberts’ army as a “wreck,”
because it was without horses and without
transport.
The Bloemfontein correspondent of the
Post speaks now' of the urgent need, at
present and always, of more horses.
There is very little news from other
quarters.
Col. Long’* Statement.
The Daily Mail publishes a statement
from Col. Long, who was blamed for ch
loss of the guns at Colenso; that in ad
vancing the guns as he did he merely
obeyed orders, and that “the staff was
quite ignofant of the proximity of the
Boer positions.”
The sudden decision of the Boer peace
delegates to go to America is attributed
to the fac‘t that the government of The
Netherlands, after sounding all the Eu
ropean capitals, told them they had noth
ing to hope from Europe.
Col. Dalghety’s force at Wepener num
bered 1,700. His losses during {he siege
were thirty kifled and 149 wounded. It is
reported that there was an artillery en
gagement yesterday at Karee Siding, but
no details have been received.
Great Xeed for Horse*.
The Morning Post’s Bloemfontein corre
spondent in a dispatch dated Saturday
p.-otests against Mr. Wyndham’s reply in
the House of Commons which undertook
to disconnect the delay In Lord Roberts
advance from the lack of horses. He says:
“On the contrary, the necessity for a
larg* and ever increasing supply of re
mounts cannot be too urgently insisted
on. The sacrifice of horse flesh in the past
is as nothing when compared
possibiiith s of the future.”
The area across wh'ich a cavalVy screen
must be thrown will necessitate an im
mense strain and the consequent gaps
must be filled as soon as they occur.
“The Sixth, Seventh, Ninth and Eleventh
divisions will participate probably in the
direct advance. The transport of the
Sixth division will be utilized to provide
for the mounted Infantry, but the trans
port of the Third division will possibly
supply Its place. There are rumors that
the advance will be made in many col
umns. but I do not anticipate much sub
division.”
BRITISH TO HOLD THA If A XCHU.
Pretext Used by the Boer* to Hum**
the I^iigllMh.
Bloemfontein, April 29.—1 t is understood
that the British will continue to hold
Thaba Nchu, owing to its strategic Im
portance, and especially with a view of
checking future raids.
The Commandoes that had been recent
ly operating in the direction of Thaba.
Nchu are melting away, the Boers quietly
returning to their farms, and many of
them taking the oath of allegiance. Ex
perience has shown, however, ir. many
oases, that this is only' a pretense to en
able the Boers to create disturbances on
the rear of the British, and vigorous
methods will probably' be necessary to
force real disarmament.
DOERS MOVING NORTHWARD.
I
Firing for Some Hour* Wnn Heard
Xear Thalia Xelin.
Maseru, April 29.—Firing was heard in
the direction of Thaba Nchu for sonic
hours yesterday morning.
Many Boers are retreating from Wepo
ner and DeWetsdorp, proccding by cross
roads Instead of the main roads near
the Basutoland border. It 1h reported that
they are in a miserable condition, disor
ganized end depressed. Many have de
serted and are hiding on the farms.
The main body was in camp last night
near Leeuw river mills. They were un
hampered by r wagons, using pack horses
mostly for the purposes of transport. It
Is belidVed that most of the Tranavaaler*
have gone north. They told the natives
that they hod been called away by Pres
ident Kruger.
FIGHT AT ISRAEL'S IH)ORT.
i nnml In n* llnil Hard Striijgttl* In
CaptiirinH: the Kopjf**.
London, April 30 —A special dispatch
from Thaba Nchu,da ted Thursday.dencr'o
ing the fight at Lruel’s poort. which U
about seven mile* we*t of IN lb* Nchu,
says:
•‘Three hundred Boer* were strongly en
treached on two kopje*. The place of
honor was given to ihe Canadians, who
advanced very cleverly under their dash
ing commander, Col. Otter. The lb* r* r--
oerv* 1 their fire until the Curtodlao* hid
reached the wire euiangh merit* Then
they opened with a terrific hall of bulb- *
“The Canadians, however, lad i
good cover, and were nut greatly damaged.
They w/• ably supported in the aiaMult
by th# (Jrshanieiowa I tor** S*ii<
I lisle** broil* lit ttiifll rl|fiit up to |h
J#, when <Vd. Ottr a.4* •tite k twh*. i,j.
bullet Inti I- ting a nasty, but #■ i danier
o<4*. wound In the ne if. slid the ty ik
tearing th** h*n<lag* flora hi* *tiouPir.
Rut he *tlll hi* mn on u/. li ih**
kopja* w*r* carried. Tha Row* hop'd i
4CunUPt*4 on t'itiU
lIOW BARKER VIEWS THE RACE.
Say. Brynn Will Lo.e Lnrifr Majority
of l’opnll.t Vote.
Philadelphia, April 29.—Interest has been
aroused in the approaching Populist Na
tional Convention which will be held In
Cincinnati. May 9, owtnj? to the possibil
ity of that party turning its back upon
W. J. Bryan.
According to Wharton Barker of this
city, who has received the Indorsement of
some of the Populist state conventions for
President, there will be between 800 and
1,000 delegates at the Cincinnati Conven
tion, the majority coming from the South,
West and Central West.
When asked as to the effect of hts nom
ination for the presidency by the Popu
lists on Mr. Bryan's candidacy, Mr. Bar
ker said:
“There can no longer be a doubt In the
mind of anyone who considers the situa
tion that at least 1,500.000 of the 2,000,000
Populist votes cast for Mr, Bryan In 1896,
will this year be lost to him, and cast
for the presidential candidate of the Peo
ple’s party. That the Democratic lead
ers know this fact. Is made clear -by the
course of Hill, Pattison, Gorman and
their associates.
"The Democrats will probably give the
nomination to someone else, and thus
Invite the gold Democrats back Into the
fold."
Sir. Barker scouted the Idea of a strong
opposition to President McKinley at the
Republican Convention in this city. He
asserted that the President’s friends con
trol the machinery of the party and that
he would be renominated.
Mr. Barker says he thinks the Populists
have a fighting chance to win the presl
d< ntial fight. With .McKinley, Bryan and
Barker as the candidates, he believes the
former will win. but with Bryan not in
the race McKinley’s prospects would be
less bright.
”1 think,” said Mr. Barker, "Bryan Is
the man the Republicans would like nom
inated.”
• WILL BE M’KINLEY AND BRYAN.
Wilson Says the Campaign Will Be
on New Lines.
Kansas City, April 29.—William L. Wil
son, author of the Wilson tariff bill, while
in the city en route from Hot Springs,
to Nebraska City. Neb., where he is to be
the guest of J. Sterling Morton, his as
sociate in Cleveland's cabinet, said:
“It is to be McKinley and Bryan. Mr.
Cleveland will not allow hts name to be
mentioned, and Dewey will not get an op
portunity to see himself voted down.
“Bryan will be nominated, but condi
tions are so Changed that the campaign
will be oa new lines. Boti-f'sides have so
many new conditions tS confront that the
old tactics will not do. I think the Dem
ocrats will win. We shall go Into the fight
solid.”
Mr. Wilson gave expression to his views
regarding the candidacy of Admiral
Dewey.
“He is innocent of the game of poli
tics,” he said, "and has blundered In his
bluntness as blunt people often do. He
will blunder out of it again as suddenly
as he came In. Dewey does things sud
denly. He generally anticipates, and
when tne row is at Its hight he will sur
prise everybody by sailing away, or I am
mistaken in the man."
TO SEND BRYAN DELEGATION.
Mississippi Democrats Preparing
for Convention.
Jackson, Miss.. April 29.—The Demo
cratic Executive Committee will meet
here to-morrow to select the date and
place for holding the State Convention.
Members who have arrived in the city,
are unanimously of the opinion that a
solid Bryan delegation will be sent to the
Kansas City Convention.
BRYAN HELD A CONFERENCE.
•Salil Democrats Would Express Sym
pathy for Boers.
Chicago, April 29.—W. J. Bryan came to
the city unheralded to-day, held private
conferences with prominent party lead
ers. among whom were Mayor Harrison
nnd ex-Gov. Altgeld, and left on a late
train for Tort Huron, Mich.
Mr. Bryan declined to discuss the ob
ject of the conferences, which took place
In she rooms of J. O. Johnson, chairman
of the Executive Committee of the Dem
ocratic national body, at She Sherman
House.
What Ihe Boers would be warranted In
expecting In case the Democratic
party were reiurned to pdw
er at the coming election was
Indicated by Mr. Bryan after his at
tention had been drawn to the day’s ca
bles from Europe, saying that the hopes
of the Souih African republics were cen
tered upon America, should McKinley be
defeated, and Russia.
“The Democratic party,” said Mr.
Bryan, “would express sympathy for th'SJ
burghers fighting for ihe right to govern
themselves; and the sympathy of a greit
nation like the United Btates Is a moral
factor that has weight. The good ofil es
of this nation can be tendered according
to the terms of the new Hague treaty at
the proper time and In earnant. These
ofTers of friendly service would have a
great influence.
"During my recent Western trip, In fact,
wherever I have leen, I find the sentiment
overwhelmingly for the Baers. Any eta'e
tnent that the natural sympathies of this
country are for the British Is a perversion
of the facts that cannot mislead oboetvir*.
but whose sole effect may be the delusion
of England In a way that la likely to end
in an unpleasant awakening to the truth."
STONE NUT A CANDIDATE.
Nays llryan W ill Win With Kltli -r of
the Larne States.
Kansas f*Uy, April Bx-Gov. Will
iam j. Hume, Democratic National Corn
mil teemsrt from Missouri, who Is In (hs
city for a few days, to-day reiterated hit
previously expressed opinion that Bryan
would he nomlna'ed by acclamation.
in reply lo a question, ha aaid hs would
not be a candidate tor lb# Vies praatder,-
llal nomination.
■ Where in your opinion, should tha
priti' i tail fight of alia campaign manager#
Isr waged?"
“Iliinoia, Indiana. Ns w York. Ohio. Min
nesota and CbMCornla. or# the states I
wroth* reward oa dcosiabls ground If
Bryan itoi-ls tits slates he usrrled it, ’*#,
J iuki ui• * rill* r ijf (hit iff *4*t, Hp W
► •elr. Ohio, Indians or HlWaois, hs will
Wlit
BRIEF IN CASE OF BECKHAM.
JURISDICTION OF THE SUPREME
COURT IS DENIED.
Conatitntlons nnd Stntntca of Many
Slates Declared to He tlie Same
With Regard to Contested Elec
tions—lf Krntncky's Law on This
Point In Invalid, So Are the Laws
of Other States—Other Important
Podnta Made.
Washington, April 29.—Lewis MeQuown,
attorney for J. C. W. Beckham, has pre
pared and will file Ills brief to-morrow In
the Supreme Court in the case Involving
the title to the governorship of Kentucky.
On the motion to dismiss, for want of
Jurisdiction in th Supreme Court, It la
contended that the provisions of the con
stitution and statutesof Kentucky govern
ing the trial of contested elections for Gov
ernor, affored “due process of law,” with
in the meaning of the fourteenth amend
ment of the Constitution of the United
States.
After quoting the powers given under
the Kentucky statute, including the selec
tion of a board and the latter’s assignment
of dates and compulsory attendance Of
witnesses, the brief says:
“It will be perceived that a hearing, af
ter reasonable notice, Is provided; arid this
is all due process of law means. It is not
necessary that x the process should issue
from a court, or that the hearing should
be by a judicial officer. Neither Is It
necessary that there should be a trial by
Jury."
The Supreme Court of the United Stales
In the lowa Central Company vs. lowa,
160 U. S. 392, Is quoted to sustain this
point.
The provisions of the constitution and
statutes of Arkansas. Delaware, Florida,
Georgia, Illinois, Indiana, lowa, Kansas,
Mississippi, Missouri, North Carolina, Ore
gon, Pennsylvania, Tennessee, Texas, Vir
ginia and West Virginia, It Is contended,
are substantially the same as Ihe Ken
tucky constitution, and statutes regulating
the procedure on the trial of a contested
election for Governor; and, It Is said, that
if the objection be sustained In this case
that “the corresponding provisions In the
organic laws of all the states referred lo
are likewise Invalid."
As to Foarteentli Amendment.
As to the point made by the counsel for
Taylor that In the administration of the
law, the contest board and the Legisla
ture did not allow sufficient time for hear
ing. it is contended that If the state pro
vided a statute regulating the procedure
allowing a hearing after reasonable no
tice. and the board or depart
ed from the statute and rendered an er
roneous decision, this does not bring the
case within the prohibition of the four
teenth amendment lo the federal consti
tution.
The Supreme Court of the United States
In Arrowsmlth and Harmontng, 118 17. S.,
243, is quoted in support of this propo
sition.
It Is further insisted that there is no
property in political office nnd hence lt
deprivation cannot fall within the Inhi
bition contained in the fourteenth amend
ment.
It Is Insisted thaSlf this case presents a
federal question then, by like allegations
to those made here, such a question may
be presented in every election contest,
and the court of last resort be converted
into a “supreme board of contest.” It is
therefore Insisted that the motion to dis
miss the suit should be sustained, be
cause there Is no color of a federal ques
tion In the record.
Inasmuch as the case Is set down for
hearing on the motion to dismiss, and
also the merits, the other questions are
aliio discussed.
Legislature’* Jurisdiction.
It Is contended that the jurisdiction of
the general assembly is exclusive, and its
Judgment Is conclusive; that no
other tribunal or court, under
any form of proceeding, or in
any mode, has Jurisdiction to determine
the question Involved In this contem, or
to review the action of the Legislature.
As to the contention that Ihe determi
nation of the contest by the board and
the general assembly was the result of a
fraudulent conspiracy on the part of mem
bers of the legislature, It Is maintained
that the Journals of that body, showing
Us action, cannot be impeached for fraud
or mistake, and that they Impart abso
lute verity.
Counsel for Taylor, the brief says, seek
further to avoid the determination by gen
eral assembly by the contention that at
the rime the contest was decided on Fen.
2, 1900, the legislature had been adjourned
by proclamation of Taylor, a Governor,
until the sixth of February, to meet at
London In Laurel county. In reply it Is
Insisted (hot the only power the Governor
•of Kentucky has at any rime to adjourn
the general assembly, Is by virtue of sec
tion 80 of the constitution, which only au
thorises an adjournment when there is a
disagreement as to the time and not the
place of adjournment.
There Is no pretense that such a dis
agreement existed. Hence there was no
power to adjourn to any other place at
all. The only authority that the Governor
has to change the place of holding a ses
sion of the general assembly Is contain
ed In section 36 of tho constitution, which
provides that "In case of war, Insurrec
tion or pestilence,’ Tt may, "by proclama
tion of the Governor, assemble for the
time being, elsewhere;" but this, It is In
sist* and, applies only to a time" when ths
general assembly Is not In acaslon. When
In aesslon It Is a sovereign body and can
lake care of Itself by adjourning when
and where It pleases.
WOald 4 arise a Conflict.
Beside* this, It Is Insisted that by sec.
tion 41 of the constitution It Is provided
that by consent of both houses, the gen
eral assembly has the right to adjourn
and fix on the time and place. If the Gov
ernor has the same tower, a conflict
would result If he should fix one time, and
place and the general assembly it*, ir an
other lime and place, it la contended,
moreover, that to allow the Governor l*hi*
power would lie an Invasion of the rights
of Ihe Leg.statute If he could aljourn It
for six days It la sutd ho could adjourn It
for an Indefinite bngih of time and re
move It fiom place to place, and thereby
prevent It from enacting a law or dis
charging Its duty.
HK IN NOT TRYING TO MgCYI'E,
Tayloe Uels* In Frankfort I* Silence
•web Humors
Inrslngton April Slav W N Taylor
psaoad through hats P*4sy from Was’i- I
if.giou sit routs to Frankfort, lie Was J
met by a large number of leading citizens
at tho station.
He said he returned to silence the rumo s
that he was endeavoring to escape indict
ment. His friends insist that thes: ru
mors were started by come one who took
advantage of his absence.
After learning whether there Is an In
dictment against him or not, he will return
to Washington. His wife accompanies
him. He is looking well and appreciated
the fact that Ills friends met him A num
ber of Lexingtonians will go to Frank
fort on Monday to aid him in any way In
their power.
TAYI.OR REACHES FRANKFORT,
Looks ua If flic Indictment Will He
Help lip.
Frankfort, Ky., April 29.—Gov. W. S.
Taylor returned here from Washington
and spent the day at the executive man
sion with his family. He left for Louis
ville this evening.
The presence of Gov. Taylor In this city
was known to the authoritie? and absence
of service upon him Is construed to mean
that the Indictment In this case will be
held up and no process issued on It for
several days. The Indictment was re
turned In open court the day after those
ngainst Finley, l’owcrs. Cut ton and others,
but was unrecorded.
RECOVERING FROM THE SHOCK.
Ottawa and Hull Hare Ample Use fur
Relief Funds.
Ottawa, Ont., April 29.—The city is Just
beginning to recover from the shock of
the great fire. The relief of the unfortun
ates is proceeding and from distant points
visible evidences of sympathy are coming
in.
Cablegrams have been received from
Lord Strathconn and Lord Mount Steph
en, donating 125,000 and *IO,OOO, respective
ly
The relief committee has ample use for
funds.
The latest estimate of the loss In lumber
Is *3,500,000.
AID FOR THE FIRE VICTIMS.
Lord Mayor of I-ondon Has Opened a
Mansion Hoiiae Fond.
London, April 29.—The Lord Mayor of
London, A. J. Newton, has opened a
Mansion House fund for the relief of the
victims of the Ottawa fire.
Mr. Chamberlain, Secretary of Slate for
the Colonies, yesterday forwarded to the
Lord Mayor dispatches exchanged with
the Earl of Mlnto, governor general of
Canada, showing the ext-nt of the disas
ter. Mr. Chamberlain wrote:
"In these circumr.ancsa, my lord, I
would ask you -Ah your usual kind
ness, to consider the desirability of open
ing a fund. 1 am confident that at a
time when Canada Is making tn South
Africa such sacrifices for the common In
terests of the empire, an appeal to the
generosity of the British public will meet
with a ready response."
FLOOD SITUATION IMPROVED.
Waco Sufferers Provided With Food
and Clothing.
Waco, Tex., April 29.—The flood situation
to-day is very much Improved, the desti
tute and suffering being nearly ell provid
ed with wearing apparel and food:
The citizens, especially the bustnewi
men, gave out large quantlllcs of clottilng
and food, which ameliorated the suffering
to a great extent. The principal difficulty
the Commillee of Organized Charity,
which has the distribution of supplies In
charge, is meeting with Is a place to hou e
the homeleea Many houses contain sev
eral families while many persons are liv
ing in tents fearing the predicted overflow
of the Brazos.
The prospect of the Brazos not overflow
ing are exceedingly bright, as the rlv r
has been steadily falling since yesterday,
and la now only ten fet above the low wa
ter mark.
The crop situation In the bottoms is con
siderably worse, and many crops will have
to be replanted, thus throwing the cotton
crop, which Is already late, ijfick about
six weeks.
♦ i
DIAGNOSIS WAS CORRECT.
Operation Will Have to Be Perform
ed Upon Gov. Tanner.
Chicago, April 29.—’The skiagraph of
Gov. Tanner's anatomy taken Saturday
was developed to-day and when the first
print was examined the diagnosis of the
etafe executive's case wps shown to be
accurate, for the presence of gall stones
In the biliary ducts la revealed clearly in
the picture.
The Governor will return to Springfield
to-morrow, where an operation will be
performed by Df. Senn.
OHIO DEMOCRATS TO MEET.
Convention Will Be Held Ationt tlie
Middle of June.
Columbus, 0., April 29.—The Democratic
State Committee will meet In Columbus
M.'.y 3 to fix the time and placN of holding
the State Convention.
Political circles have been somewhat
agitated by a suggestion that the conven
tion be held In this city June 6 and 7, the
dates set for Admiral Dewey’s visit, but
Democratic leaders assert that the con
vention probably will be held a week
later.
WILL HAVE TO SELL LAND.
Many Ikuhnna Compelled Now to Meet
Obligations.
Havana, April 29—To-morrow the term
will expire during which claims for the
payment of mortgages upon rural and city
properties have been in Id.unenforcable at
law. Tee papers aie-ert that a large num
ber will be forced to sell land at auction
In order to meet ttictr obligations.
Many Murders In Germany,
Berlin, April i From numerous points
111 Germany come reports uf artiaallonal
murders. In addition to tha cases In
11-rlln. eases are reported from Caaael
H hweidr.it*, Treves, ktorchrieat, the vie
lima being young girls and boys. The
murderers have no. been discovered, al
though large reward* are offered,
Hill He I oartmurriHled.
Berlin, April 29—('apt. Kannenberg.
who Is 'barged wbh having eommuitd
a number of dial deed* in German East
Arno, hi* arrived Iter* to k triad by
tout uuarUsl.
DAILY. 73 A YEA*.
5 CENTS A COPY.
WEEKLY 2-TIMES-A- WEEK. II A TEA*
VICTIMS OF FALLING BRIDGE.
NINE KILLED AND MANY INJURED
AT PARIS EXPOSITION.
Bridge Hod Been Condemned nnd tha
Public Was Not Allowed Upon It.
Mnn> People Were Walking lite
dernenth It When the I ra.!i Came,
iilx Taken Out From the
Debris and Many People Were Sent
to the Hospitals.
Paris, April 29, 8:15 p. m.—An accident
within the exposition grounds caused tha
death of plx persons and Injured many. A
temporary bridge, unable to withstand
the Sunday crowd, broke.
It la known that six persons were kills
ed, and about forty others Injured.
The accident threw a pall over tho hap
piness of an Immense throng who hud
profited by the magnifleeitt weather td
visit the exposition. To-day’s was proba
bly Ihe record ottendance. Not merely
the interior of the grounds, but the pre
cincts were also crowded, and tho con
course was particularly great along tha
Avenue do Suffren, which forms the north
ern boundary of the grounds.
Hero is situated a big side show, tha
Celestial Globe. A foot bridge, on whlcll
tho finishing touches were being put to
day, crosses the Avenue de Suffren, con
necting tho side show with the exhibition.
It was constructed of wood with a stucca
facade, and with a pla3tcr-made toweg
at each end.
Strangely enough tho bridge had been
condemned only this morning, as unsafe*
by tho exhibition authorities. The pub
lic was I here fore not allowed to go uponl
the structure, and In this way a disaster
even more terrible than that which oc
currtd was averted. j
Hurled Fifty People.
The 'gay crowd was passing along th#
aven Me and some hundred or more per*
sons were walking beneath the bridg#
when suddenly an ominous crash was
heard. Before those underneath could
turn aside the structure fell with a fear
ful crash, burying nearly fifty.
A ahout of horror rote from the specta
tors. mingled with the erlea of the vic
tims. For a moment nothing could be dis
tinguished hut a cloud of dust and plast
er. A scene of the greatest excitement and
confusion followed. But this was only
for a few seconds. Almost Immediately
the crowd attacked the debris In an effort
to release those lying beneath.
The workmen within the grounds who
had witnessed the accident, the police and
the Republican Guards, together with
quite a number of soldjera Joined In the
rescue work. The promenaders forgot
their Sunday attire and covered them
selves with dirt and grime In tearing away
the rubbish with their hands. Wooden
beams and poles were brought from the
half-finished buildings nearby, and were
used as levers to raise the fallen mass.
Recovery of the Victims.
The victims first recovered were most
ly tho Injured and the dead wero found
later beneath the center of the struc
ture. Messengers were dispatched to
bring firemen and sappers with their
equipment!* and the first body was fopnd
after a quarter of an hour’s frantic la
bor. It was that of a little girl about T
years old, whose head was horribly crush
ed. Victim after victim was brought to
light, until a row of six mutilated corpse*
had been placed upon the sidewalk, and
nearly forty other persons, some badly
and others less seriously lnjutcd, had
been carried In ambulances or driven to
the hospitals.
A family, composed of father, mo then
and two girls, narrowly escaped destruo*
tlon. The parents, who happened to ha
a little ahead, had gone under the
the children following, Just at the mo
ment of the collapse. The parents wero
killed, but the children sprang back and
escaped with a few stratchea. A cyclisY
had his wheel smashed, but himself es
caped unhurt.
The dead are three men, two women
and one child.
The weighty piaster towers seem f<7
have been responsible for the fall of th,l
structure. Commissioner General Picard
and other high officials of the exposition
arrived shortly a'ter the accident and su
perintended work of relief. President
Louhet sent an officer of his household for
Information. Several soldiers were among
the Injured and many of their comrade#
were foremoat In giving assistance.
Cntiacil Much Criticism.
The disaster was the leading topic ot
discussion in the tlafes and at the othect
Paris resorts this evening, and strong
criticism is leveled against the exhibition
authorities for allowing an unfinished
structure to Jeopardize the lives of citi
zens, fears being expressed that the In
complete state of the works within th
exhibition grounds themselves might lead
to a similar accident.
It should be said, however, that the ex
hibition authorities are not responsible tog
the defective construction of the fool
bridge, which was erected by the manage
ment of the Celestial Globe,
Asa result of the accident M. Leplne*
prefect of |>ollce, has ordered the closing
of several side shows, the structural ar
rangements of whlcll are considered dan
gerous.
Nilne Were Killed.
April 30, 4:39 a. m.—Some of the Injured
have since died at the hospital.
The corrected list shows that nine were
killed and nine Injured, the Injuries being
mostly compound fractures of the leg. One
woman and the child are still unidenti
fied.
Several of the morning papers pronounce
severe criticisms.
MINN LAUR Alt \ V GOOD DEAD. 1
\Yn the Well Known Hinlun*
ary I’roui Cirorirln.
Atlonta, April 29.—A telegrami was re
ceived here to-day announcing tho death
In BhutiKhai of Mitt* Ilmira Haywood, a
mltnilonury of the Mefhodtat Church. Sht>
wum a winter of the late IMdiop llaygooil
and founh*(| the McTyler© Home fur Wo*
i
> # ■. a— ' t
riSOHKM TI IIMMJ IHdliM It AT.
Hu** lh* flnly Hope of lhi> People V*
In That Party.
Detroit. Mich., April 29 - Oov. I’inur.*#
a * n**d In .in Iniervi.v/ io-dy that:
hop** of tit* (Mtopl* In tht* yp.it* hciwa!
fcUnionu I* In the Iwmoctittle puny.
Th* Uovtii'imr nlway* hereto for* hit*
Iwrn classed as an in Kpundcul lUpuUtta
•Mi