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THE MORNING NEWS. Established USO. - Incorporated 1888 j. H. ESTILL, President WORST FORM OF TYRANNY. GOVERNMENT OUTSIDE OP THE CONSTITUTION. Jailer I.oehren Says the Constitution Extend* to Porto lilco Ex Proprio Vi grove— Power of General Govern ment Rests on and Is Limited liy the Constitution—Congress Cannot Legislate Outside of It—Decision in Case of Rafael Ortiz. St. Paul, Minn., May 7.—Judge Loehren to-day filed in the United States Circuit Court his decision on the application of Rafael Ortiz, a Porto Rlean, to be releas ed from the Minnesota state prison. Ortiz was convicted by a military tri bunal in Porto Rico for the murder of a United States soldier, and condemned to die. The sentence was commuted to life imprisonment. The application for release was based on the claim that the military authorities bad no jurisdiction over Ortiz; that peace had been declared, and that he should have had a civil 'trial. Judge Loehren refused the application In an oral decision Thursday last, and to day filed an exhaustive opinion thereupon. The decision bears largely on constitu tional questions which have arisen on the position of Porto Rico as a territory of the United States. The decision states; Be Tyranny. ‘‘lt will be indeed marvelous If It is made to appear that the men who found ed our national government so construct ed it that it ie capable of ruling with unlimited power a subject people who have neither guarantees to protect them nor any voice in the government. This is foreign absolutism—the wor3t form of tyranny. "If the constitution does not extend to Torto Rico and our other new acquisitions of territory, Congress has the untram tneled, absolute power to establish sub ject governments or make laws for such territories; it has the power to establish dependent monarchies or satrapies, state religions and even slavery. To say that a clause in the constitution does not ex tend to a territory, but does limit the power of Congress in legislating for the territory, is to draw a distinction too fine to be practical. “The national government of the United States is one of very limited Dowers. In respect to its own people, in its entire do main, and generally, except in respect to its power to deal with foreign nations, and concerning matters expressly com mitted to it by the constitution, its pow ers are much less than those possessed by other governments. No one will dis pute this. “The government of the United States was created and its powers and jurisdic tion granted and limited by the federal constitution. Its powers can only be in creased of that instrument. Rests on Constitution. “The power of the general government to acquire additional territory rests upon its constitutional power to make war, which may result in conquest, and its like power to make tr a ies, which may bring lerrtories by cession. The power to gov ern such acquired territories results from the power to admit new' states and to make all needful rules and regulations i speeding the territory or other property belonging ;o the Un ted States. “This clause authorizes Congress to legislate in respect to a territory In local as well as national matters before its ad mission to statehood into Jie Union. “The novel doctrine that the power of Congress to govern territory ceded to the Ui iud States may be confessedly a for eign sovereign, by and through the treaty o concession, and that the general gov ernment can exercise powers thus grant ’d by a foreign sovereign lrdepend; nt of and to the disregard of the constitution, until Congress, may hop in future, shall by Its enactment see lit to extend the constitution over the ter ritory, is contrary to the holding of the Supreme Court of the 'United States, to the effect that the general government is one of enumerated powers, and can claim and exercise no power not granted to it by the constitution, either expre sly or by necessary implication. It is clear that the genral government cannot legislate over territory where the constitution from w hich its every power is derived does not extend. The constitution must be in force over a territory before the general government can have any authority to legislate respecting it. No foreign sov ereign can invest the general government with any legislative power.’* >lny Decisions Cited. Numerous decisions are cited 1n support his opinion, and he continues: “It must be held that upon the cession I‘ v opain to the United States of the Is land of Porto Rico, that island 'become £ part of the dominion of the United P: aiC5, as much so as ‘is Arizona or Min nesota; and that the constitution of the United States, ex proprfo vlgore, nt once extended over that island; and that this extension of the constitution gave Con- Si'css, whose every power must come from that instrument, the authority to legis late in respect to that island as a pari of the United States territory. *: follows that nil provisions of the constitution in respect to personal and property rights, including the right to trml by jury in criminal prosecution be carm at once when tho cession was con ’nipiated, a part of the supreme law of the land. The character of an offence jud the nature of its punishment would **■ determined by the law in force where or,d when the act was committed and laws Jv character remain In force after *he cession until changed; but the man sep5 ep °f trial must depend on the law' in orce when the trial is had, even though , establishment and organization of j ur;s must be awmlted before the trial can be had/* he decision states that military law J7 lng the sole authority, the acts of a mil npy cou rt were entirely legal and the I Jtion for a writ of habeas corpus was denied. Killed in a theater. r ngedy In n I*ln> house nt .Santiago ill* Cnbn. Qibara, Santiago de Cuba, May 7.—Senor A.bertl, editor of the Don Claridades, was 41,101 anc * killed instantly by an unknown assassin at the Theater last night. Alberti was an active politician, and ■ Paper recently has been criticising J* of the American officials, par ticularly the election orders. lg0 * who killed Capt. Smith, col ptor of this port, in January, w’as editor ’ , Don Clarid'adca. Alberti hns re threatening letters, which ho ridi culeU in his pape* fpje Httofninij INCENDIARISM SUSPECTED. Fire Destroyed Sheds and Docks of Standard Oil Cos. New York, May 7.—Fire to-night de stroyed a large part of the docks and sheds of the New Jersey Storage Com pany, connected with the Standard Oil Company's Constable Hooks Works, causing a property loss of $500,000. There is some suspicion that the fire w r as started by strikers, who for the past week have been troublesome at the oil works and at the Oxford Copper Works, which adjoin. The fire started in one of the sheds on a pier, and, owing to the oil-soaked con dition of the shed, the dock and every thing else in the neighborhood, the flames spread rapidly. The oil tank ship Adeiphia was lying alongside one of the piers, and before she could be hauled out, took fire. Tugs tried lo get her off and beach her on the Staten Island shore, but the hawsers caught fire and she went adrift in the Kills. Three old barges, which lay alongside the docks, took fire and were destroyed. Fire tugs from Brooklyn, N. Y., Staten Island and Jersey City responded lo calls for assistance. The firemen on shore ■were repeatedly driven away from the fire by the intense heat, and the tugs had at short Intervals to turn their own hose upon themselves to keep their sides and deckhouses from bursting intefiflames. The fire in the docks consumed the sheds upon the piers and then burned the pil ings down to the water's edge. Will Come to United States. Paris, May 7.—Mme. Sa a Bernhardt and M. Coquelin, it is announced, will make a tcur of the United States to last six months. The first performance will be given in Boston on Nov. 12. BRICK BUILDING COLLAPSED. Several People AVere Badly Injured nt Kansas City. Kansas City, May 7.—A three-story brick building at 1302 Grand avenue, in the business center, occupied on the ground floor by Jacob Goodman as a second-hand store, and above by Mrs. Mary Sohn as a rooming house, collapsed this afternoon, burying seven persons in the ruins. It Is believed none of the Injured will die. John W. Moore, aged 70 years, former Mayor of Kansas City, was the most seriously hurt. The building, which was an l ancient structure, had been condemned several months ago, and had' recently been wealo ened by workmen excavating for anew building on the adjoining lot. The build ing collapsed almost without warning, the walls bulging out and the roof crashing in before any of the inmates couild make a move to escape. The wreck was com plete. The ruins were soon covered with a swarm of firemen digging for the buried ones. John W. Moore, former Mayor of Kan sas City and a member of the Board of Trade, was taken out of the wreck un conscious. lift had evidently been in a room on the second floor, and when lo cated was burled ten feet under brick, mortar and broken furniture. It was twenty minutes before the firemen could chop their way to him. He was removed limp and unconscious and hurried to the hospital, where his Injuries were found to bo serious, though not necessarily fatal. Anna Goodman was found buried ten feet beneath the debris and rescued by her father, who had escaped with flight injuries. Others were found below the debris severely bruised. WILL DISOBEY INJUNCTION. Siriklnff Cigar Makers So Advise*! ly President Goiuiters. New York, May 7.—Samuel Gompers, president of the Federation of Labor, ad dressed the striking' cigarmalcers in Bo hemia Hall to-day and advised them to disregard the injunction fcsued by Judge Freedman, which prohibits them from picketing or atiempting in any way to deter others from taking their places, and enjoins sympathizers from giving finan cial aid for the purpose of continuing the strike. Mr. Gompers declared with many dra matic gestures that rather than obey Justice Freedman's injunction he "would gladly, freely, willingly lay down the lit tle life he had left.” CORDIAL CO XGRAT U L ATI ON S. Sent by the President to the Empe ror of Germany. ' Washington, May 7.—The following Is the text of Secretary Hay’s cablegram to Ambassador White at Berlin conveying President McKinley’s congratulation to Emperor William on the Crown Prince’s eighteenth birthday: "Please convey to His Majesty, the Em peror, the most cordial congratulations of the President upon the arrival of his Im perial and Royal Highness the Crown Prince Frederick William at the age of majority upon the 6th of May. The Pres ident desires also to express his best wishes for the continued good heallh of His Majesty the Emperor and of.ail the members of the imperial family and for the peace and prosperity of the German empire.” UTAH’S GREAT MINE HORROR. Statistic's of tlic Dead, Injnred, Wid ows and Orphans. Balt Lake City, May 7.-W. G. Sharpe, superintendent of tho Pleasant Valley Coal Company, has made a report to the treasurer of the company In regard to the mine disaster at Scofle'd, In which he says: Total killed, 139; bodies recovered to (kite, 135; injure*!, 7. Of those in the mine 10S escaped alive and uninjured. Thero are 108 widows and' 270 orphans. WHEELER NOT A CANDIDATE. Genernl lias Stated He Wonld Not He In the Race. Huntsville, Ala., May 7—A private tele gram received to-day from a close friend of Qcn. Wheeler In Washington states that Ihc General has announced positively that he will not be a candidate for Con gress Lorn his old district. Eire In Miinlvoincr>. Montgomery, Ala., May B.—At 2:13 o’ lock tlds morning fire breke out in the r< ar of Todd's gun store on North Court street, and is now burning fiercely with the entire department at work. The street H ve y narrow and the fire may cross to Fleming's i\iuuuuu t SAVANNAH, GA., TUESDAY. MAY 8, 1900. BOERS GET OUT OF THE WAY. ARB RETIRING EVERYWHERE BE FORE THE HRITISII. Maintaining Tlielr Stand Only on the Natal Frontier and at Mafekingr. Occupation of Winburgr l>y tle British Is Confirmed—Thousands of British on the Free State Frontier. Free Staters Have Collected Many Cattle Year Lodybraml. London, May 8, 4:20 a. m.—The Boers are everywhere retiring before the British, ex cept on the Natal frontier and at Mafek in, to the inner circles of their defenses. They appear determined not to fight until the Kroonstad hills are readhed. Lord Roberts is expected to do another forty or fifty miles and then to- wait for a lime in order to bring up supplies and to repair the railway. There are one or two hints in the dispatches from the front that he may rest for a few days at Smaldeei. Gen. French’s 10,000 cavalry have not been mentioned in the official or unofficial dispatches for four days. It is by no means likely that he is idle, and the con jecture is that he is either detouring to ward Kroonstad or raiding the Ladybrand district. Fifteen thousand British ore now operat ing on. the western frontier of the Free State. As deadlock at Warren/ton has been broken, and the Boers are re treating, there is nothing formidable, ex cept distance, between Warren ton and Mafeking. The most hopeful advices from Mafeking on April 22, were that the gar rison would, be barely able to hold out for a month. At that time the fever was spreading. Free Stntcrs Collect Cattle. According to advices from Maseru, Ba sutoland, several thousand Free Staters are north of Ladybrand, where they have collected great herds. The district is rich in food for men and horses, and the Boers seem resolved not to move north ward, but to be preparing to resist where they are. If they are let alone they will menace the line of communications after the main British army has passed into the Transvaal. Lord Roberts and Lord Kitchener per sonally directed the artillery in the Vet river engagement. Queen Victoria will send a signed pho tograph to Col. Kekewitch, the hero of Kimberley. S'ix thousand four hundred and fifty eight troops are now at sea, on the way to South Africa. No others are under orders to go, except as recruits to fill up the losses of regiments at the front. BfttTtSft SOW HTOLD WIMJt'RG. Main Advance to Pretoria Continues With Much Precision. London. May 7.—The capture of Win burg by the British is confirmed and the main advance to Pretoria continues with the machine-like precision and rapidity which has characterized all Lord Roberts’ forward movements. By the occupation of Winburg, Gen. lan Hamilton puts himself nearly parallel with Lord Roberts and only twenty-nine miles eastward, while he has the additional ad vantage of being connected with his chief by means of the railroad that runs from Smaldcel or Winburg road station, as it is sometimes called, to Winburg. The only feature of the carefully de vised plan of the general advice not dis closed by the swift developments is that part Gen. Bujler has elected to take in the operations. At present ihere are no Indi cations of any movement on the part of the Natal army. Doubtless a few days or less will bring out the British line of ac tion before the Blggarsberg. Lord Roberts is now nine miles north of the Vet and slxty-threo miles north of Bloemfontein. The Boers are retreating towards Kroonstad. Gen. Hunter is presumed to be pushing steadily forward In the direction of Ma feking, aldfed by the aggressiveness of Barton's ahd FageCs brigades. The critics of the afternoon newspapers view the situation with the greatest satis faction. A special dispatch from Smaldeel (Win burg road station), daed 9:45 p. m., Sun day. May 6, gives details of the occupa tion of Winburg by ihe British. It says: "News has Just come here that Gen. Hamilton is giving the Boers no rest, and that they are falling back hurriedly. He entered Winburg to-day, after a brisk fight. In which the Boers fell back so. quickly that one of their guns, in addi tion of a Maxim, was abandoned." The same dispatch, describing the cross ing of the Vet river, says: "The Boer forces entrenched on the op posite bank prepared to contest the cross ing. Our guns were brought into play and n terrific'shell fire was directed on <lie Boer lines. At the same time the Queenslanders, under a heavy fire, dash ed across the river, and advancing in the open, completely turned the Boor right. It was dusk, but nothing could stop the gallant Australians. They pushed on again, seized a commanding kopje, and, by brilliant movements and continuous rifie fire, drove ofT he enemy in Iho dark ness. The first gleam of dawn this morn ing found the enemy In full flight, and our men after them, and by 9 o’clock this morning we entered this important strategic point.” A die patch from Boshof, dated Friday, May 4, says Gen, Mthuen made a recon naissance from there the day previously to the neighborhood of SJartkopplesfon tein, locating the Boer laager. After an unimportant exchange of fire the Boers removed their laager. A fairly strong force of Boers was seen moving north ward. Gen. Methuen hen returned to Boshof. HI’NTER JOINED GEN, PAGET. Yeomanry Under Col. Mayrick Did Splendid Work. London, May 7, 7:20 p. m.—The war of fice has received the following dispatch from*Lord Roberts, dated Smaldeel, May 7, 10:55 am.: "Gen. Hunter, after defeating the ene my May 4, Joined hands with Paget, near Warrenton.' The enemy left thirteen kill ed and wounded on the ground, and we cap4ured eevcral prisoners. Our loss was slight. "Hunter speaks In high terms of the gallantry of the yeomanry under Col. Mayrlek. "The enemy have retired from the front of Thaba Kohu and the exceedingly strong position they held is now occupied by Rundle’s division." ——————— v ROBERTS’ GOOD STRATEGY. Iloev. Had lo Meet Him Under Un favorable Condition*. Smaldeei, Sunday. May 6.—The move ment that culminated In the capture of Wirtburg and Smaldeei was part of a great general movement extending from Gen. Hunter on. the west to Gen. Rundle on the cast. Lord Roberts’ admirable strategy re sulted in placing everywhere five British to one Boer. Out of wtpit appeared the inextricable confusion of divisions and brigades, order was quickly evolved, and the Boers were compelled to meet Lord Roberts under unfavorable conditions. What is more important is that the British are now able lo wait. Their front and strong positions are safe in the knowledge that their flanking columns will advance and outflank the Boers. Yes terday the Boers held a really strong po sition, from which, earlier in the cam paign, they could only have been forced by hard fighting. Gen. Hamilton's ar rival at Wlnburg, although not directly outflanking the Boers, made their position extremely uncomfortable. Gen. Hutton’s movement on the left was even more suc cessful than at first Imagined. Forty Boers were killed. The march to-day was short, lint Gen. Pole-Carew’s division marched fifty-eight miles In four days. Gen. Tucker's division is marching on our left today and Gen. Maxwell's bri gade will be able to cross the river before night. Lord Roberts has been very strict in his examination of the farms, with the result of disclosing the fact that nearly every house is o miniature arsenal. Mausers. Marlins ond abundant ammunition being found. If these had not been discovered; the army would be leaving in its rear the material in men and arms for a dangerous movement among the inhabitants. All along the railway 1 - the culverts, wherever in any size, have been destroyed, but the engineers hope to make a detour in some cases and in others they w T ll! fill up the gaps. Three of the four spans of the Vet river bridge have been utterly destroyed, and it will be necessary to mako a temporary line down the river bed, as at the Mad der. Reports have been heard this afternoon showing that more culverts and bridges are being destroyed northw^gd. AT SMALDEEL JUNCTION. British Camped There After Driving Axvny the Boers. London, May 7, 11 a. m.—Lord Roberts’ reports to the war office. In a dispatch, dated Smaldcel, May 6, afternoon, as fol lows: “We crossed the Vet river this morning and are now encamped at Smaldeel Junc tion. The enemy is In full retreat to wards Zand , river end Kroonstpd. The turning movement was made by the mounted infantry Just before dark yester day. It was a very dashing affair. The Canadians. New South Wales, New Zea land Rifles and Queensland Mounted In fantry vied with each other in the de termination' to close with the enemy. Capt. Anley of the Essex Regiment, command ing the Third Infantry Battalion, behav ed in a very gallant manner. “The naval guns and the artillery made excellent practice, particularly two 5-inch guns used for the first time with this engagement. “We captured a Maxim and twenty-iflve prisoners. Our casualties are few—only 15 1 killed, and 3 missing.” Snymim Is Alarmed. London, May 7.—The Lorenzo Marquez correspondent Of the Times Eaya: “Commandant Snyman is so a'armed at the prospect of having ids retr. at cut off that he has appealed for permission to retire northward from Mafeking to in tercept Col. Flumer." Boers in Full Retreat. London., May 7, 10:55 a. m.—The official announcement Is made that Gen. Roberts has crossed the Vet river, and is encamp ed at Smaldeel Junction. The Boers ore in full retreat towards Zand river and Kroonstad. Boers Leave Fourteen Streams. Warrenton, Cape Colony. May 7.—The ■Boers have been driven out of Fourteen Sireams and the British are now encamp ed on the north tank of the Vaal river. TROUBLE WITH CHINESE. Russian Hallway Constrnetors Have ■teen Murdered. London. May B.—The St. Petersburg cor respondent of the Times says: “Reports have reached here of serious friction between the Russians and the ChL nese in Manchuria, on the Russian Rail way construction route. In one case a de tachment of thirty-five Chinese soldiers shot the Russian captain of ten Cossacks who were doing police duty. The Cossacks attacked and pursued the Chinese, cutting them down. The Russian government sent a com plaint to Pekin, demanding the punish ment of the highest Chinese officials of the district. China complied. There have been several murders and mutilations of Russian engineers by Chinese brigands. MALLORY IN WASHINGTON. Senator Is Greatly Improved After His Illness. Washington, May 7—Senator Mallory was at the Capitol to-day. He had been 111 for several months and has been under treaiment in New Orleans by hla broth er-in-law. He suffered from a complaint of the liver, but has very greatly improv ed. He. will probably remain hers during the balance of the present session of Con gress. Liquor In the Philippines. Washington, May 7.—The war depart ment has received the report of the offi cer of <he quartermaster general’s depart ment, who Investigated the charges mado by Chaplain Wells, late of the Tennessee Volunteers, ns to the use of liquor in the Philippines. The document Is Iff the cus tody of Quartermaster Ludlngtcn, and Is withheld from publication at thie stage. Webster Succeeds Lindley. London, May 7.—Sir Nathaniel Llndley, master of the rolls since October, 1897, has resigned. Sir Richard Webster, attorney General, has been appointed his auocesaor, and Sir Robert Bannatyne Finley, solici tor general, succeeds Sir Kicnutd Web ster. . AGUINALDO HAS JOINED TINO. YOUNO WANTS REINFORCEMENTS TO ATTACK THE REBELS. He Desire* to Get nt Them Before the Rainy Sen*on Sets In—-Two Americans Killed in a Flit'llt Near Legnstii—Reports of the Killing ot 280 Filipinos Come From the Vlsn ynu Islands—A Hurd Flight nt Jaro. Manila, May 7.—Telegrams received hero to-day from Gen. Young report that Agut naldo has Joined 1 the rebel Gen. Tlno In the north, and that they have reassembled a considerable force in the mountains. Gen. Young desires to strike them be fore the rains, and asks for reinforce ments. Tlie tenor of dispatches Indicate that Gen. Young is confident that Agul naldo Is with Tlno. and 4t is presumed they are planning to resume fighting dur ing the rains. Company F of the Forty-seventh Regi ment met and routed a band of the enemy between Legaspl and Riago, province of Albay, April 13. Two Americans were killed and five were wounded, including two officers. The Filipinos lost heavily. The conditions around Legaspl and Eor sogon are reported to be continued dis turbed. In the Vl*n >an island*. Two Ftliplno attacks on the American garrisons in the Vlsayan Islands recently have resulted in Hie killing of 280 of the enemy and the wounding of two Ameri cans. At daybreak May 1, ICO Filipinos, a hun dred of them armed with rifles, attacked Catarman, in North rn Saonar, In the vi cinity of Cntublg. Company F of the Forty-third Regiment, was garrisoning the place. The enemy built trenches on the outskl ts of the town during the night and fired volleys persistently Into It until the Americans, charging the trenches, scattered the Filipinos and killed 155 of ttem. Two Americans were wounded. This attack was precipitated by the ene my's recent successful light at Catubig. Tr.e garrison of Catarman has been re moved to the seaport of Laguan. Killed Many Filipino*. A force of Filipinos, estimated to nurrF ber 300 men, armed with rifles, and 600 armed with bolos, and operating four muzzle-loading cannon, attacked Jure, on Leyte Island, April 15, which place wag garrisoned by twenty-five men of Com pany B of the Forty-third Regiment, Lieut. Estes commanding. Estes left fifteen men to protest the town, and with the remaining ten men he advanced on the enemy. In two squads, sheltered by the ridges south of the town, when they stood off the Filipinos for three hours. Then twenty armed members of the local police sallied out to help Estes’ Ameri cans. The latter, with the police, charg ed the enemy, and together they dispers ed the Filipinos, and after the fight was over burled 125 of them. There were no American casualties. STRIKE OF C'An REPAIRERS. Will Call Oat More Men If Demands Are Not Acceded to. Buffalo, N. Y., May 7.—Striking car re pairers of the Delaware, Lackawanna and Western Railroad to-night seml-ofilclally announced that If the company did not come to terms with its men at once the strike would be extended on the line. As given out, <ho programme to call out the men lrt the Wg locomotive shop of the company at East Buffalo, and also iho switchmen in the East Buffalo yard. There was also talk of extending the strike down the lino of the Buffalo divis ion. The car repairers of the Erie will sub mit their new demand to the division superintendent to-morrow. It was staled ■to-night that the Erie switchmen ore ready to go out In aid of the car repairers on twelve hours' notice. ■the LclilgH Valley men have not yet reached an agreement. ST. LOUIS TO HAVE A STRIKE. ITnctlcnlly Pertain That Street Car Men Will Quit. St. Louis. May 7.—The Executive Com mittee of the Street Railway Men's Union at midnight to-night decided to recom mend to the employes of the Transit Com pany that a strike be decided upon forth with. A mass meeting of the employes was at once called to take a vote on tho committee’s report. Owing to the fact that all the employes will be unable to get to the place of meeting until a very late hour a vote will probably not be reached before 2:30 o'clock to-morrow (Tuesday) morning. The temper of Ihe men is such that It seems almost certain the committee's report will be adopted. The Transit Company has about 3,800 employes, and controls all but one of tho street car lines In St. Louis. REVOLT AMONG CHURCHMEN. Order Restored Among Methodists of Noutli Africa. Opelika, Ain., May 7.—Rev. I. N. Fitz patrick, presiding elder of the African Methodist Episcopal Church, has return ed from Smith Africa, where he was or dered by Bishop Turner In December to put down a revolt In the negro Methodist Church. Bishop Duane of South Africa had re volted from the authority ot the church and constituted himself the supreme lower In churoh circles, and over 2,009 of the members had followed him. Rev. Fitzpatrick restored order. He has been recommended for the btshoprio of South Africa, India, Abyssinia and Egypt, which will likely be determln<’d at tho conference of blahop* at Columbus, O. SHOT HIM THROUGH THE BODY. Wounded Sian Died llefore He Could Harm Ills Assailant. Chester, S. C., May 7.—To-day at noon Watchman Lindsay killed an. operative named Weathers at the Springsteln mill. The operatives were leaving the mill for dinner, when Lindsay walked up to Weathers and shot him through the body. The wounded man sprang upon hln as sailant and hurled him the floor, but fell back dead before ho could harm him. Alderman Goes to Tnlnne. New Orleans, May 7.—Prof. Edwin A. Alderman, for some yearn pa at president of the University of North Carolina, and •one of the most prominent educators In the South, has accepted the presidency of Tulaue University. WANT NEELEY EXTRADITED. Ills Shortage* for Four Months In Itnvann I*. 8116,000, Havana, May 7.—The United States transport Ingalls left here last night, hav ing on board Col. Burton, the Inspector general, w ho is going to Fortress Monroe, with orders to proceed direct to Washing ton. This Is due to discovert* s made in con nection with his inspection of the postal affairs at Havana which resulted in the arrest at Rochester, N. Y., on Saturday of Char es F. Neeley, former chief of the finance division of the poatoffice depart ment in Cuba, on the charge of embezzling $33,100 from the government. Neeley's ar rest may result in additional arrests here very scon. The papers asking for Neeley's extradi tion left for the United States this af ternoi n. It Is understood that the Fidelity Depfi lt Company of Maryland is on hts bond for 130,(00. The announcement of the arrest gave the first public Intimation that sj'eged frauils had been discovered in the postal and, partment. Col Burton has been investigating for ten days, and he found matters In such a serious condition that he decided to make an immediate person al report on the subj ct to the Washing ton authorities. It is asserted on rellablo authority that since July of last year the government has been defrauded monthly of more than $12,- 000 on stamped piper alone. The culprit or culprits are believed to have received $28,000, and lo have accounted for only $16,000. Luring the last four months It Is said that Neeley’s shortage In the ag gregate has not fallen below $36,000, and that, prior to the beginning of this year llie average was much higher. For a long time Neeley lived extrava gantly. Auditors Reeves and Reynolds have been temporarily suspended. MnJ. linthbone, director of posts, eet special agenlß at work investigating tho matter, when first it was called to his attention some weeks ago. These agents reported April 23 that the accounts were correct. NEELEY REFUSED TO TALK. Had $6,5112 In III* l’oac**ln When He VVll* Arre*ted. New York, May 7.—Neeley, who was arrested In Rochester, N. Y., Saturday night, while on hla way to California and brought bock to this city last night, re fused to talk, beyond saying: "I guess It will come out all right In the end.” When taken Into custody there was found 1n his possession $6,502 In cash and securities and collaierol of various na tures, possibly the remainder of the $36,- 000 which he Is alleged to have embezzled from the government. Neeley was arraigned 10—1 ay.- Hls l*ai! first fixed for SIO,OOO, was later raised to $20,000. This, he finally succeeded In se curing and was released pending exam ination Wednesday. The complaint which was made by Poatoffice Inspector King, charges that on April 28 the prisoner had embezzled st Havana $36,000 of the post office department's funds, and again that on May 3 (je had secreted the money and had fled from Cuba. A. C. Smith, a friend of Neeley, said that Neeley had been for fifteen months In the postal service In Cuba and during that time he had handled millions of dol lars. The shortage In Neeley's accounts, he said, was doubtless due to alertcal Er rors, and that they would be straight ened out at the proper time. Smith also said that Neeley, while In Cuba, had been concerned In several speculations, and that his last enterprise was In the ship ment of a cargo of cocoaJiuta. Neeley Was From Mnnele, Did. Muncle, Ind., May 7.—Previous to lilt appointment to the Cuban position two years ago, Thomas F. Neeley had always resided In M mule. Fifteen years ago he wan a school teacher and established Muncie’s first dally newspaper, the Morn ing News, and Junt previous to his ap pointment he sold the property to t’he present owner. First Assistant Postmaster General Perry Heath. A telegram re ceived to-night states that Neeley will be here to-morrow, and that satisfactory explanations be made. BAD CY< MINE IN TEXAS. 'Trust Comimny’n Building at San Antonio Wrecked. Ban Antonio, Tex., May 7.—A destructive cyclone wrecked the San Antonio Loan and Trust Company's flve-atory steel and t?rra cotta building this morning. The loss in about *70,C00. The building was un lnsured. The wind's velocity was sixty miles an hour. Two box cars were blown across the tracks of the main lino of the Aransas Pass Railroad in the yards hero and causfd the wrecking of an Incoming ex cursion train from Corpus Christl. The fir man was She only one hurt. Destruction at Ilnstrnp. Dallas T x.. May 7 —The destructive wind and rain storm that struck San An tonio this morning seems to have been general in Southwestern Texas. At Bas trop the Ml iland Hotel was wrecked, and Charles and Lizzie Wilke*, children of the proprietor, badly hurt by failing timbers. The hardware slore of R. & O. Stark wa jartly deatroyed. Fears are felt as o the r.sult In the suriound ng country. Telegraph Service Stopped. Galveston, Tex., May 7.—The telegraph service to ihe Interior of the state Is pros trated owing to a serious wind, rain and electrical storm this morning. The Brazos river is bank full near Thompson and iho lowlands for miles on either sldo are flooded. Terrific Storm In Toledo. Toledo. 0.. May 7.—A terriflo hall ntorm here to-day broke many <houands of dol lars worth of plate glass and damaged the city green houses, stripped young frutc trees of buds and blossoms, and caused a number of serious runaways. The ag gregate of losers over tho city and vicin ity will be large. Indorsed McKinley. Henderson. Ky., May 7 —The Republi cans of tho Second ds rlct to-day Indors ed McKinley and Taylor Without qualifi cation. denounced tho contest board find tho Democratic Legislature and eelectod delegates to the Republican National Con vention.' Shah to Take Ills Favorite. 1 London, May B—The St. Petersburg corespondent of the Standard says: The favorite wife of the Shah of Persia, a beautiful Circassian, will accompany him duringJils forthcoming tour in Eu rope, lib's ulsed In male attire. DAILY. 13 A YEA®, f CENTS A COPT. WEEKLY 3-TIMEB-A-tVEKK.II A YEAH GATHERING AT SIOUX FALLS. TOPULISTS XV ILL Dfi UNANIMOUS FOR COL. BRYAN. \ Many of tlie Fualonlat* Want Tnvrns for Vice President—Strong Senti ment In III* Favor—Senator Butler Said to lie for Him—Everythin* Will lie Done for Harmony Be tween Democrat*, I’opiillat* amt Silver Republican*. Sioux Falls, S. D., May 7.—The delegates to the People's Party Convention who have already arrived, spent the afternoon In formal conferences and visiting the tent In which the convention Is to ba he’d. This enormous tent can seat 8,000 or 10,- COO people, and it Is rapidly belpg pul In shaje. The streets aro liberally decorated and on every hand there are evidences of tho city’s welcome to the visitors. The convention will be called to order Wednesday at 2 o clock by Chairman But ler. He will make a brief speech, after which prayer will be offered by some lo cal minister not yet selected. An address of welcome will be made by either Sena tor Pettigrew or Gov. Lee. A temporary chairman will then be named, and after the appointment of committees, the con vention will adjourn until Thursday. For temporary chairman Gov. Rodgers of Washington was chosen, but he an nounced to-day that he was unable to at tend. This makes another selection neces sary. Among the delegates who have arrived are Senators Butler, Allen and Pettigrew; Congressman Sutherland, Capt. Rynder and Mr. Olds of Pennsylvania; Mr. Mc- Gavock of Virginia; Mr. Boyd of North Carolina and Mr. Sibley of New York, Sen ator Heltfeld of Idaho Is expected to-mor row. The principal talk to-day has been about the policy to be pursued In the selection of a vice presidential candidate. By those already present there is manifested quite a noticeable friendship for Hon. Charles A. Towne, the silver Republican leaded of Minnesota, but there are acme who contend that the honor should go to a Populist. J Butler Favor* Towne. Senator Butler Is among thoae who are believed to favor Mr. Towne. In an Inter view he said: -''We are going lo be liberal with the other parties who are co-operating with ua on general line*. In 1896 we took Bry nn after he had been nominated by the .Democrats and we stood loyally by him to tlie end of the campaign. This year the People's parly Is going t 4 be the first party to put him In the field, and so far as I have been able to discover there la very general disposition towards going even further If need be and selecting a candi date for the vice presidency who will bo acceptable lo stiver Republicans. Those whom are seen aro perfectly united upon the proposition that all must be done that it Is possible to do lo secure absolute harmony among Populists, Democrats and ellver Republicans in the support of Mr. Bryan, and I believe the party will be found equal to the surrender of both nominees in order to ecure this permanent desideratum. In faot, I speak within bounds when I say that never within the history of the country has any party ever shown such unselfishness anil such devotion to principle as tire Peo ple's party has shown In, the past and is willing to show now to bring victory to a> cause." 1 nan linen* for Bryan. Asked If he did not refer In his remark* Just quoted to the possibility of the nom ination of Mr. Towne for Vloe President, the Senator said: “I do not go to the extent of mention ing names In connection with the vlc presidential nomination, but 1 do not mind assuring you eu> to the head of he ticket. X have heard no dissent from the propo sition to nominate Mr. Bryan for that position, and I have no doubt that tha nomination might be made by acclama tion. As to the vice presidency, I will only say that X discover a proposition to give the nomination to a Silver Repub lican, If a'man Is found upon whom that party call unite. We recognize that ana of the three parties must make a sacri fice, and I believe our people will be found ready to make It If necessary.” As to the bolting Populists who are to hold their convention in Cincinnati, tho Senator said: “They represent nobody bu* themselve*. and need not be dignified by a reference to them. The Populists’ Platform. On the question of platform- to be adopt ed by tho convention the opinion 1e very general that the St. I/Oula declaration of principles will be reiterated with varia tions and additions. “We will express our opinions in no uncertain way on ques tions of trusts and imperialism,” said a United States senator, who is a dele gate. "We will certainly take a portion on tho point of attempting to govern any people without their consent. As to truots, wo stall not connect ourselves wl4h de nouncing them, but shall offer a remedy. That remedy Is to control the Instruments of commerce, money, transportation and Ihe transmission of intelligence. In our Bt. touts platform wo took 4he position that all thesq functions should be con trolled by Ihe government. We wIH ac complish our end If wo point out that to assume this control will be to suppress the 4ru4s, and, furthermore, we will at tempt nothing new In this effort, nothing requiring a change in the constitution, for nil that Is there *et out Is provided for In that Instrument.” The financial plank of the Bt. Ix>uls platform-Will be unchanged and the gold standard bill passed at the pr st nt session of Congress will he denounced as In favor of the national banka and dangcroua to the best Interests of the public at large. The Porto Rican legislation will be de nounced and It will be declared that the consriturion fellows the flag In the acqui sition of territory. Tho Republican party will also be charged with a failure to keep folth In Cuba, and with transcending all bounds of propriety In the management of the Philippine question. Militarism will also play an Important part In the plat form. Tho matter of Increasing the stand ing army of the United States will be frowned upon ns giving the I'resldent the power to deprive voters of the* right of franchise by covering them with an army. The members of the National Committee deny the report that tickets to the con vention tent are to be generally Bold. They CouUuued on Fifth Page,