Crawfordsville Daily Journal, Crawfordsville, Montgomery County, 11 April 1894 — Page 1

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SPOONER WROTE IT.

The Ex-Senator Admits the Authorship of Jenkins' Famous Order.

THE INVESTIGATION IS CONCLUDED.

•Wtol That Its Basalt Will Be Beneficial to Labor Interest*—Chief* of Hilling Oritulntlom (lln Evidence

Abont Strike*.

WRITTEN BY IPOONBa

MILWAUKEE, April 11, Ex-Senator John 0. Spooner wu the prlnoipal witness before the Jenkins Investigating' oommittee, which concluded Its work here Tuesday. He admitted that he drew the famous strike order) that he dictated most of the provisions in the petition on which the order was granted, and he oontended that as a merely legal matter the Injunction was perfectly proper. He did not put on it the harsn construction which is put on It by the labor leaders. The other witnesses who testified were Chiefs Wilkinson, Wilson, Sargent and Clark, Secretary F. W. Arnold, of the Brotherhood of Locomotive Engineers! Attorneys G. P. Miller, W. J. Curtis, Receiver Thomas F. Oakes, and General Manager Kendrick, of the Northern Pacific.

May Mot Be Impeached.

From the testimony which has been introduced it is not probable .Judge Jenkins will be lmpeaohed, but the committee may recommend that congress pass laws which will prevent a recurrence of the issuance of injunction* of the character of the one issued in this case.

Congressman McGann, of Chicago, who introduced the resolution calling for the Inquiry, said he was thoroughly satisfied with the investigation, for it would result In bringing before congress the view* of the representatives of the leading railway labor organizations on the principle of government by injunction as set forth in the unprecedented writs of Judge Jenkins. Mr. McGann said he had succeeded in getting just what he wanted—an opportunity to show the national lawmakers that the people did not relish the idea of a federal judge forcing men to continue work against their will, and of limiting the liberty of officers of labor organizations by restraining them from the enjoyment of their constitutional rights.

The Inquiry Concluded.

Tho.work of taking testimony was concluded Tuesday evening and representatives lioatner, Terry and Stone will leave this morning for Washinton, where they will prepare their report without delay and submit it to the house committee on judiciary. Every person who volunteered to throw any light whatever upon the circumstances surrounding the issuance of the celebrated injunctional orders, which were promptly challenged by organized labor, was examined by the committee,

Spooner Wrote the Order.

Mr. Spooner's recital of the manner in which the first injunction was secured was listened to with interest. He said the petition was presented to Judge Jenkins on a Monday morning, who said he would look it over and announce his decision upon the following morning. Mr. "Spooner said he first learned of the injunction project about December la last, when Receiver Oakes wired him to come to St Paul. He left Madison at once, not knowing the object for which he had been summoned. When he reached 8t Paul Mr. Oakes and General Manager Kendrick told him of the proposed reduction of the wages of the employes. They said the condition of the receivership made the cut absolutely necessary. The wage schedules were complicated and more or less inconsistent Col. Spooner said he at once advised Mr. Kendrick to consult with the other receivers regarding the proposed reduction.

Dictated the Petition.

He said be heard no more 01 tne matter then until the Saturday preceding the Monday upon which the presentation of the petition to Judge Jenkins took place. On that Saturday he was summoned to Milwaukee. He oame on the first train and met Receivers Oakes and Payne, General Manager Kendrick and Attorney George P. Miller. They informed him that they had concluded it would be advisable to petition the court to restrain the men from striking when the reduced schedule went into effect. Col. Spcncer said he then went to Attorney Miller's office and dictated the greater part of the petition Mr. Miller assisting him in preparing that part of the petition asking for an order restraining the men from combining or conspiring to quit the service of the receivers so as to embarrass the operation of the road. Mr. Spooner said he based It upon the principles of law laid down by Judge Pardee in the Higgins case, printed in the twenty-seventh federal reporter.

Continued questioning elicited the fact that in asking for the Injunction Col. Spooner had read to Judge Jenkins Judge Pardee's opinion in the Higgins case, whichj according to Representative Terry, was entirely different from thin case—the Higgins suit not being an injunction proceeding, but a case of punishment for contempt for interferferlng with the property in the hands of the court. He told Judge Jenkins that the receivers' position was sustainable, and he still thought so. The custom of counsel preparing the order when presenting a petition for an injunction was almost universal, the order of course being subject to the modification and correction of the court

Replying to the questions by Chairman Uoatner, Mr. Spooner said It was not the custom for courts to grant permanent injunctions on ex parte hearings. He, however, did not regard the injunction in question, permanent, but a temporary one. Mr. Spooner said be believed the men eould have quit January 1 without vacating the induction.

Replying to another question he said, as he construed the order, It was not la-

tended to deprive the employes of their constitutional liberty. It was designed to protect the men and the property to proteot the men who wanted to work from intimidation and to proteot the property from a conspiracy to cripple it

How the Men Coald Quit.

"How would a man quit decently and in order?" "Any man who quit because he wanted to leave the-service, and at a time when he didn't endanger life and property, would be quitting decently and in order." "In your opinion, what would be the effect upon the judiciary and sooiety of the congressional investigation of judges?-' asked Mr. Stone. "I think It would destroy the' independence of the Judiciary," replied Mr. Spooler

Miller's Part.

Attorney George P. Miller testified that he draw up tne supplemental order, the one which restrained the ohiefs from advising or counseling with the men, and took It to Judge Jenkins, who, after' gllncing over it, promptly signed it, thus enabling Mr. Miller to catoh a train for St Paul with the injunction in his pocket.

How Strikes Originate.

MU.WA.UKKB, April 11.—At the morning session Of the enklns' investigation Chief Wilkinson of the Brotherhood of Railway Trainmen was the first witness. He related facts concerning the conference of the Northern Pacific at the time of the threatened strike. The men had thought they could not leave the employ ol the railway. After a great deal of discussion as to the right of the chiefs to consult with the men he and his associates oame to the conclusion that they could not advise the men to leave the employ of the receivers, but could advise them to remain. To do otherwise would be in ooatempt of court

In reply to an Inquiry by Chairman Boatner as to how strikes are ordered, Mr. Wilkinson said aggrieved trainmen have to make written complaint to their lodges, and these complaints are referred in turn to the local and general grievance committees. The matter finally reaches him, if it is not adjusted. It requires two-thirds vote of the members and the unani mous consent of the committee to cause a strike, all he can do is to consent to a strike, but a Btrlke cannot be ordered without his consent No steps toward a strike had been taken by the Northern Pacific men. Under cross-examination by Congressman Stone Wilkinson said a strike ordinarily required a month's time to start. He denied that he had any power to order a strike, without action by the employes. There are 850,000 trainmen in the Dnited States and about 60 per cent of them belong to the order. He Is not In the employ of any road, and was not affected by the order only through his official position.

No Vlolenee In the Strike*. Replying to question as to whether there had been any violence in the strikes he ordered, Mr. Wilkinson said there had been no violence, and that violence does not always acoompany strikes. A conference with the receivers had been arranged for when the order was made.

During a cross-examination by Mr. Curtis. Chief Wilkinson said a strike had been ordered January J, and had the order been obeyed it would have resulted in stopping the traffic of the road, and that the stoppage would have lasted as long as the men held out.

Mr. Wilkinson thought the injunction had denied all his rights. He was familiar with the Northern Pacific road and knew that the tying up of the road would result in public hardship at certain points. He would not admit that he had ever sanctioned an illegal strike and that there could be an illegal strike when regularly ordered by the order. He exhibited the rules of the order, which provide for the expulsion of those who take part in a strike not regularly ordered. Mr. Wilkinson admitted that a strike meant to enforce the claims of the men, but he said it was never used to force unjust claims.

Mr. Curtis wanted to know if when the hour for a strike arrived the train crews abandoned their posts wherever the trains were. The witness said that the crews took the trains to the end of the division before quitting. "They finish the run before going on strike," he said. "If they were not on a run they would be careful not to appear for work before the hour for striking arrived. They would be a little late then, probably."

Position of the Switchmen.

John E. Wilson, of Chicago, grandmaster of the Switchmen's Mutual Benefit association, then took Mr. Wilkinson's place in the witness chair. He represents 20,000 switchmen. His association was made defendant In the Injunction suit As stated by the representative of the trainmen, Mr. Wilson said that he understood that the Injunction prevented the men from leaving the employ of the company. "Are there any switchmen, then, employed in the Northern Paoiflo against their will?" asked Chairman Boatner. "Yes, to the extent that they cannot leave without being liable for contempt of court," answered Wilson. "They believe their liberty of action has been removed?" asked the chairman, "Yes, sir," replied the witness emphatically.

The witness objected to the bad precedent established by Judge Jenkins, and he said Its tendency was to destroy the labor organizations. The latter had certainly worked great benefit to the men In many ways.

Receiver* Will Hot Resign. ST. PAUL, Minn., April 11.—Receivers of the Union Pacific deny that they intend to resign because of Judge Caldwell's adverse criticism.

MuBTrage for Women.

COLUMBUS, 0, April 11.—A bill giving women the right to vote in school elections was passed by the senate by a vote of 20 to 6.

Gov. Flower, of New York, has signed the bill making hazing a felony.

WEDNESDAY, APRIL 11,1894

THE WALLS FELL.

A Frame Btruoture In Williamsburg, N. Y., Collapses.

MAM INMATES BURIED IN THE RUINS

Two Are Taken Ont Dead and Elglit Other* Are Badly Injnred—Poor Work by a Contractor Came* the Disaster.

UNDER FALLBN WALLS.

N*w YORK, April 11.—The two-story frame dwelling house No. 140 McKibben street, Williamsburg, which had been raised and set upon flimsy briok walls so as to make It a three-story building, collapsed Tuesdayi night and ten persons were buried in the ruins. Immediately after the building fell fire started in the ruins. A orowd gathered about the burning wreck, and, although the orles of those pinioned under heavy timbers could be heard, no one attempted to rescue them until the arrival of Fire Truck Company No. 8. The firemen set to work to dig out the victims, but it. was necessary to summon three engine companies to fight back the flames, whloh impeded the work and threatened the imprisoned victims with death. When the work of rescue had been completed it was found that Mrs. Mary Clifton and John Kelly were dead and eight others badly Injured.

Let to a Cheap Contractor. Michael Wetman, the owner of the house, who lived on the top floor, contracted to have the structure raised. He gave the order to Joseph Matssen, but took it from him and gave it to Blazly & Briller, of South Erooklyn, who offered to do- the work 'for *200 less than Matzen's bid. Matzen said tho work could not be properly done for the price given to Blazly & Briller, but Weiman replied: "I am satisfied that the work will be done properly and will show my confidenoe in the contractors by remaining in the house while it is being raised."

Took Away the Prop*. A

The work was commenced two weeks ago, was rushed, and finished at 6 o'clock Tuesday night. Then Albert Woods, who had been employed by Blazly & briller to raise the house so that the South Brooklyn firm might build the walls underneath it, took away the props from either side of the house. Woods and his helpers, Greissman and Kelly, went up to the top floor where Weiman, the owner, lived. While they were talking the floor sunk beneath them, the house fell slightly backward and then dropped into the cellar.

On the floor immediately over the new walls Mrs. Mary Clifton, a widow, lived with her daughter Stella, who sings in the Globe Music hall in Mc'Kibben street, near Broadway. They were washing the dinner dishes when tho house fell. The floors began to sink and there was a deafening crash and the ten persons were buried under heavy timbers.

The liuin* Ablaze.

As soon as tho clouds of dust had blowu away it was seen that fire was burning in three parts of the wreck. Two cook stoves and three kerosene lamps which had been lighted started these fires. The people who were pinned down saw the flames and trowed by their louder cries that they realized their danger. It is hot known who summoned the firemen, but the compauy was at the wreck two minutes after the crash.

The men of the truck oompn ny eould not do much until the arrival of the engine companies, whose members soon drove the flames back. They found the body of Mrs. Clifton at 11:80 o'clock. While the firemen were working men shed tears and women had hysterics. Firemen continued digging in the ruins for the body of John Kelly, which was found at midnight

ALBANY GOES REPUBLICAN.

Tlie Democratic Candidate for Mayor 1* Defeated. ALBANY, N. Y.. April 11.—Albany county entered the republican column Tuesday. Albany city, which gave a democratic majority of 4,800 last fall, elected Oren E. Wilson (rep.) mayor Tuesday by 8,500, and Colioes elected Henry A. Strong (rep.) by 800 majority. Albany city elected nine republicans, five independent democratic and five national administration democratic aldermen. The present board consists of sixteen democrats and throe republicans. Cohoes republicans elect four out of five aldermen. Tho board of supervisors, which now stands eighteen democrats and thirteen republicans, has been reversed, ihc new board being composed of nineteen republieausand twelve democrats.

TRENTON, N. J., April 11.—In Tuesday's charter electiou tho democrats succeeded in electing but one councilman. Their councilman at large was beaten by over 2,000 votes. The next council will stand—republicans, 15j democrats, 8.

Elsewhere throughout the state the republicans made gains. They elected a mayor in Newark by 5,000 piajority. In Camden not a democrat was chosen to office and the republican majority was increased by 1,800. Jersey City went republican by 8,952. In Passaio they carried three of the four wards. Orange elected the entire republicab ticket The normal democratic majority heretofore has been 600. Elizabeth will also have a republican mayor hereafter.

Fatally Stab* Hi* Father.

BAY CITY, Mich., April 11.—Harry Fox, aged 28, in a fit of anger Monday night jumped upon his father,William, at Quannicassee, a hunting resort east of Bay City, and plunged a knife into his chest uear the heart. Inflicting a fatal wound.

Behrini Sea Warning Issued. WASHINGTON, April 11. President Cleveland has issued a Behrlng sea proclamation warning persons against violating the recent seal fisheries act of congress.

Highest of all in Leavening Power—Latest U. S. Gov't Report

A COSTLY BLOW.

Qreat Damage Results from a Tornado In Kansas.

MANY BUILDINGS ARE DEMOLISHED.

A Herd of Cattle Struck by the tiate and Abont Forty Killed No Live*. Heported Lo*t, Hilt Several Per*on* Were Injured.

EMPORIA, Kan., April 11.—Later news from the tornado in Coffey county says the storm came up from the southwest and whipped around into the north. Most of the damage was done when the winds met at the turning point The following additional damage has been reported: On Big Creek,, the Presbyterian church and a schoolhouse were wreoked N. Blane's house and barn were blown down Dan Sullivan and George Lapsley had houses destroyed) every building on William Stanley's farm was swept off the Hampden schoolhouse was badly damaged. One church, one schoolhouse and three houses southwest of Burlington were completely destroyed and ten others damaged. One woman, Mrs. Blancjt, was badly injured and her house completely wrecked.

Live Stock Killed.

Capt Taylor's horsebarn and sheds were blown down and six horses had to be killed. At J. D. Weaver's farm, 2 miles from Burlington, the house was blown away and the barn blown half a mile and wrecked Into kindling wood. All liis trees were twisted, torn and pulled up by the roots. A Mr. Wreeman, living 2 miles in the country, had C7ery head of stock on his farm killed. Houses, barns, etc., were wrecked. He lost everything. The people are subscribing to a fund to help the destitute.

Many Buildings Rnlned.

TOPEKA, Kan., April 11.—A destructive tornado passed oyer a part of Greenwood and Coffey counties late Sunday night No deaths are reported, but much property was destroyed and at least fifty barns, outbuildings and a few farmhouses were totally destroyed. Near Virgil, a small town in Greenwood county, the tornado was n|Ost destrnctive. A half-dozen large houses were leveled to the earth. The families living in them had heard the terrible roaring of the storm in time to flee and save their lives by taking refuge in caves and cellars. A herd of fifty head of cattle just ready for the market was in the track of the storin. All but about dozen were slaughtered and piled up in one mass of broken bones. Sweeping on to the east with terrible force the storm leveled houses, bams, schoolhouses and churches. Gracelaud cemetery, south of Burlington, was in its path, and not a monument is left standiug. On the Tyler farm it picked up a coit, carried it several rods and dropped it into a 40 foot well. No one was killed in that section but several people are badly bruised, some with broken limbs. The damage to stock and buildings is estimated at fully 150,000.

STATE BANK TAX MUST GO.

Democritto Caucus DeclUos to R«potl (hi Ten Per Cent. Requirement* WASHINGTON, April 11.—The democratic caucus, after a session of two hours and a half Tuesday evening, adopted the following resolutions without a dissenting vote: "Resolved, That It Is the souse of this cauous that the prohibitory tax of 10 per oent. on bank Issues lie repealed. "Resolved, That when tho bill known as tho Urawloy and Spencer bill, which the oommittee on bun King and currency has ordered reported to the bouse, 1* called up for aotlon, an amendment bo offcrod repealing the prohibitory tax on state banks that ample tlmo be afforded for discussion, and, If necessary to secure this, the oommittee on rules bo requested to take proper aotlon."

Exactly 102 democrats of the house were present. The attendance from the south and west was very heavy, but only a few eastern men appeared. The only outspoken opponents of any measure looking to the repeal of the state bank tax came from Messrs. Bryan, of Nebraska, and Lane and Williams, 5f Illinois.

Garrett Acted for tlie Burlington* ST. LOUIS, April 11.—The purchase by L. C. Garrett of remaining world's fair buildings recently has been something of a mystery here until Tuesday, when it was learned on good authority that Mr. Garrett acted on behalf of the Chicago, Burlington & Quincy railway, which will use the iron and steel in the construction of sheds fA* its system of terminals and depot construction in and near this city.

Henate Tariff Debate/

WASHINGTON, April 11.—The leaders of both political parties in the senate have reached an agreement for the con' sideration of the tariff bill during the remainder of the week. General de bate is to continue from 2 o'clock until 5 p. m. each day and no filibustering motions arc to be made. The reading of the bill will not be pressed during that time.

Say lie Swindled a Bank.

LANCASTER, Pa., April 11.— A. A Meyers, of this city, has been arrested on a charge of securing 17,000 from the Lancaster County national bank by false representations. Meyers, who operated a tannery, failed several months ago with liabilities of over 160,000.

PRICE 2 CENTS

Baking

Powder

ABSOLUTELY PURE

CURRENT EVENTS.

Kansas populists have decided to make the freight rate question the issue in the approaching campaign.

In the senate the resolution for ths coinage of Mexican dollars at United States mints was agreed to.

OBwald Gebauer, night watchman at the stables of E. Godel & Sons, Peoria, 111., was kicked by a horse and killed.

A mob burned the French missions at Hslanfu, China, and maltreated the priests. France has demanded redress.

Fighting is said to be in progress in Rio Grande do Sul, Brazil, and an important naval battle is shortly expected.

King Humbert and his queen visited Victoria at her villa near Florence. Great euthusiasm was shown by the people.

In an interview with a Paris newspaper correspondent King Humbert declared absurd the statement that Italy desired war.

The marquis of Aiiesbury, who married Dollie Tester, a music hall singer, and whose debts are computed at II,. 250,000, is dead. ""Rev. Edwin C. BTssell, L. DT.XL. D.", professor of Hebrew in McCormick Theological seminary, died in Chicago from pneumonia.

At a convention of coke workers at Scottdale, Pa., in which Americans were conspicuous, it was decided to continue the strike.

For making a vicious assault on his guard Assassin l'rendergast was again committed to th« dungeon in tlie county jail at Chicago.

Attorneys for the Coffins, charged with aiding to wreck the Indianapolis national bank, claim the concern was never legally incorporated.

Take* Up HI* Father'* Work. VIENNA, April 1).—Francis Kossuth, who has just become a subject of the king of Hungary, says he will henceforth remain in Hungary and take an active part in politics. He will seek to carry out a part of his father's principles.

Bl|f Fire at Scranton.

SORANTON, Pa., April 11.—Tho Frothingham Arcade, one of the finest fourstory business blocks in this city, was destroyed by fire Tuesday. The loss will reach 1100,000. The fire is believed to have been of incendiary origin.J ,-*

Died of Her Burns.

KALAMAZOO, Mich., April 11.—The home of J. It. Honkley, near Delton, burned Monday afternoon with all its contents. The clothing was entirely burned off Mrs. Henkley and she died Monday night at 11 o'clock.

Good Road* Bill Beaten.

WASHINGTON, Api-11 11.—The bill introduced by Senator Peffer, generally known as "the Coxey good roads bill," has been reported adversely from the committee on education and labor.

Dr. I*. H. llayea, of'Buffaio, Dead. BUFFALO, N. Y., April u.—Dr. P. Harold Hayes, known ail over the United States and Europe as a specialist in asthma, died at his home here, aged 70 years.

To Protect Yellowatoue Park Uame. WASHINGTON, April U.—The house has passed a bill to protect the game iu Yellowstone park.

THE MARKETS.

tiralu, Provisions, Etc. CHICAGO, April 10.

FLOIIH—A moderate demand was reported, moat of which was for looal account. Pricos arm. Quotation* are as follows: Winter—Patents, (2.80®a.l6 straight*, l2.e0QS.70 clours, la.JOKTi-lO seconds, tl.wai.80 low gradus, *1.50 dl.70. Soring—Patents, 13.20468 00 Htrulgbts, 12.3032.00 Bakers, 11.7602.20 low grades, •L40O1.60 lied Dog, ll.35usl.60 live, S2.40S 160.

WHEAT Active, unsettled within good range Cash, SlX®®(4o May, 02"»ia63fiu July, 63UQ64KC.

CORN—Moderately active and firmer. NO 8 WHO No. Yellow, 88H®S8Xo No. 3, 38c No. 8 Yellow, S8!4a April, about «c under May. May, saasfi: July, 38St40c September, 10%

OATS—Active and unsettled No. cash, 31(4 Q3IVi-, May, 3*S2325ic July, 29^a30u September, 2«s*E28J£a Samples In fair demand and steady. No. 3, 32&33c No. S White, 33ii® Mo No. 2, 81KOS2!4C No. S White, 34U3IHU.

Rra—In fair demand. No. 8 casb, 50o and sample lots, MaBltfc May delivery, bio. UABLBY—Steady but quleL Cboloe by sample. M368o fair to good, KJQb&o common, 46QMO, and low grade 43346c, with screenings 116.00317.60 per ton.

MESS PORK—Trading moderate and prices higher. Quotations ranged at 112.50® 12.90 for cash regular ltS.S0ai2.90 for May and I12.e0ai2.90 for July.

LARD—Market rather quiet and higher. Quotation* ranged at I7.50a7.a0 for cash »7.45"g7.55 for May, and t7.1S&7.20 for July.

LIVE POUI.TUY—Ppr pound: Chickens, 8A Btfo Turkeys, 7@lilc Ducks, 9ffclOo Gecao, fS.00Q6.00 per dozen.

BUTTER—Creamery, llQSSo Dairy, 15S21o Packing Stock, 7©9o. OILS—Wisoonsln Prime White, 7fcc Water White, l%a\ Michigan Prime White, tfttc Water White, 9c Indiana Prime Whlto, 8^0 Water White, 8£c. Headlight, 176 tost, 8^o: liasollne, iff dog's, UHo 74 deg's, 9c Naphtha, 63 dec's, Xic.

LIQUORS—Distilled spirits steady otho balsns of 11.16 per Bill, for finished goods

NEW YORK, April 10.

WHEAT—NO. iFred opened Arm, became weak and unsettled. May, 64X4}6Kc July, 07 l-lt! a67^c December,.72K®7SHc.

OOBK—No. t. more active and stronger. May, MHQ44SC July, 4ft 7-10S4&KO. OATS—No. dull but Arm. Track whlto State. 40044c traok white Western, 40®44c.

PROVISIONS—Beet steady. Family. U2.«oa 1100 extra, mess, 18.00. Pork firm new me*g, C1&7691426 family, tl4.002(1450 short dear, I18.60Q1&0& Lard steady: prime Westeru steam, 11.00 asked.

TOLEDO, O., April 10.

WHEAT—Lower, active^