Indianapolis Journal, Indianapolis, Marion County, 8 May 1889 — Page 4
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THE INDIANAPOLIS JOURNAL, WEDNESDAY, MAY 8, 1889.
THE DAILY JOURNAL WEDNESDAY, MAY 8, 1880. WASHINGTON OFF1CK M3 Fourteenth St. I 8. II eat II, Correspondent. NEW YORK OFFICE 204 Tempi Court, Corner Beekman end Nassau Streets. TE11MS OF SITnSCRIPTION. DXILT. One year, without Far. day flioo On vear. with Sunday 14 00 Mx months, without Sunday , 6.00 Plx months, with Sunday 7 no Three months, without Monday....... a.00 Three monttsf with Sunday l.v One month, without Sunday 1.00 One month, with Sunday L2Q WKKKLT. Per year fl0 Reduced Rites to Clubs. Subscribe with any of our numerous agents, or gend subscription to THIS JOURNAL NEWSPAPERCOMPANY, IxntASArous. 1st. Telephone Calls. Business Office 233 Editorial Booms 242 The City Council has been unjustly criticised and outrageously abused, but the vote of censure on the offending paper was neither dignified nor profitable, j Jay Gould goes to some pains to prove that he is a laboring man. If he ! will just exhibit the certificate of membership in the particular union to which ho belongs, no further proof will be needed. The discovery of a vein of magnetic water at Muncio will doubtless make that village a favorite resort for wouldbe spell-binders. After saturating themselves with magnetism, they can turn on the natural gas and be ready for any campaign. A nuxDRED years hence posterity will discuss the first centennial, quote tho eloquent speeches made by various or-' ators, and remark, "there were giants in those days." Pessimists of that day will lament the degeneracy of tho times, and mournfully extol the superiority of the men and women of 18S9. j The equal suffrage bisters have long i been lamenting the supposed fact that j women and idiots were prohibited from tho privileges of the ballot, but according to Democratic construction of the Jaw and Constitution idiots are not barred if they can only bo mado to vote the ticket of that party. Women, it appears, enjoy more distinction than was thought. Bisnor Keane has engaged half a dozen European professors for the new Catholic university at Washington, and intimates that capable teachers could not be found in this country. Of courso, ho means capable Catholic teachers. That restricts the scope of the statement, but wo doubt even that. With the faculty as now constituted, the university will be practically a European institution. TowNsnir Assessor Quill's business methods seem to bo very loose, to say the least, and tho burden of proof is on him to show they have not been worse than loose. A public officer ought not to bo carrying on his pay-rolls tho names of men who are doing no work, nor be paying money to any person under an assumed name. If the assessor did these things himself or permitted them to be done knowingly, he is guilty of gross official misconduct. If his chief deputy has done them without his knowledge, tho business methods of his office need reforming. A public officer, duly watchful of what is going on and duly jealous of his reputation, ought to mako the perpetration of such tricks impossible. The friends of Mr. Quill will not believe hira guilty of personal dishonesty or official crookedness, unless the fact is clearly proven, and pending a fuller investigation and location of responsibility, he is entitled to a suspension of judgment. If his deputies and subordinates havo been using him as his statement indicates, he cannot get rid of them too soon. Meanwhile he owes it to himself and his friends to furnish a satisfactory explanation of charges which on their face look damaging. The Sentinel repeats the defense made by Inspector Miller's lawyers, and insists that as there is no law prohibiting idiots and insane persons from voting, he committed no offense in receiving their ballots. Technically, tho defense is good. Tho law does not confine the franchise to persons of sound mind or human intelligence, and, strictly speaking, there is nothing to prevent a lunatic or idiot from voting the Democratic ticket. This is probably tho first time in the history of politics that any party has claimed the benefit of this legal omission. The claim comes from an appropriate quarter, and if the principle becomes generally recognized that neither sense, intelligence nor moral discrimination is a necessary element of the ballot, we shall look for a largo accession of votes to the Democracy. It will be a curious state of things when insanity, which is a good defense to a charge of murder, shall bo deemed no disqualification to voting the Democratic ticket. As the right of suffrage carries with it tho right to hold office, wo may even hope to see a Marion county Democratic delegation in tho Legislature mado up of incurablo lunatics, and the office of assistant district attorney filled by a gibbering idiot. It is worthy of remark that a resolution in the Council favoring tho enactment by tho next Legislature of nonpartisan laws for the benefit of the city, and especially for tho creation of a nonpartisan board of public works, was voted against by every Democrat in tho Council. Democrats only favor nonpartisan legislation when they see, or think they see, a plain partisan advantage to bo gained. Wo have been told that a Metropolitan police board was a pet measure of the Democracy. This should bo qualified with tho addition. "When it was likely to inure to the benefit of the Democratic party." Non-partisan laws for the benefit of the city are what the city needs. If tho Marion county delegation in the last Legislature hud done their duty and paid some attention to the wishes and interests of their constituents instead of wasting ttteir time and energy in working up schemes for party advantage, the city would have been greatly tho uyitT. Net a ginglu act Xur tho b cue lit
of the city was introduced. If tho bill creatiugaboard of public works hadbeen based on correct principles and properly guarded in its details there could havo been no reasonable objection to it. But tho scheming politicians who misrepresented the city could not omit tho opportunity to attempt to convert tho measure to partisan advantage, and in so doing they mado it unconstitutional. A goodboard-of-public-worksdaw would be a good thing for the city, and when the proper time comes an effort should be mado to secure the enactment of such a law. The action of Democratic members of the Council shows that no support can be expected from that party for such a measure, nor for any other measure of general utility which they cannot manipulate or pervert for party purposes. Mr. Gerry, of tho centennial committee on management, replies to the criticisms on the arrangement which placed tho President last on the programme of speeches at the banquet, by saying that this was the place of honor. He explains that the formalities of a state banquet "require that the chief guest shall be either the first speaker or tho last. If ho .is not called upon before everybody else he must not be sandwiched in between persons of less distinction, but will speak last, and after he has spoken the company separates. Now tho President could not be first for the reason that the Mayor of the city, as host, was obliged to make the opening speech. Then it was deemed a proper courtesy to havo the Governor of tho State deliver an address of hospitable greeting, and so it followed that out of respect to the President ho was invited to give the culmination to the national feast." As no one who delivered a speech on the occasion probably cared in the least in what order he was called, Mr. Gerry's effort to pacify the outside fault-finders was hardly necessary. Still, we will all know now how to arrange the next centennial banquet. When- a man thinks of joining the church, but is not quito sure that he can accept all the specifications of tho creed, the clerical brethren urge him to join anj'way, arguing that if ho is sound on one or two points belief in the rest will come in time, and leaving him with the impression that it is no great matter if it does not. 'From this, among other causes, has come the popular idea that creeds havo become practically a dead letter, so far as the man-made doctrinal points aro concerned. Tho skill 6hown by most ministers in avoiding doctrinal discussions in tho pulpit has strengthened this impression. That the idea is erroneous, and that the grimmest theological tenets aro still alive and cherished by their professional keepers, is shown by the manner in which any preacher is -'jumped on" by his brethren when he deviates in the slightest degree from the dogmas of his faith. Enough of the reverend gentlemen are continually on the alert to resent any attack from the "inside" upon tho distinctive denominational landmarks. Two or three years ago Queen Kapiolani, of Hawaii, with her suite, visited Boston, 1 on her way to Europe, and that city made a tremendous ado over her, and went to enormous cxpenso in the way of providing entertainment It couldn't have made more of a fuss if Queen Yictona herself had been the guest. After she was gone, and the excitement attendant upon the presence of royal
ty had somewhat died down, meau and cynical persons, who had not lost their heads, began to quote history and current facts to show that she wasn't so very much of a queen after all; that she had no kingdom to speak of, and that neither socially nor intellectually was she entitled to rank high. It began to dawn upon Bostou peoplo that they had made themselves ridiculous by going tuft-hunting when there were no tufts -worth mentioning, and they have ever since maintained a dignified reticence in regard to the event, and have shown great sensitiveness under all flippant allusions to it It is now reported that the Queen's sister, who was one of the party two years ago, and shared in tho effusive attentions, is on her way to Boston again; but there is no indication that she will be met with open arms a second time. On the other hand, there aro somo signs that Boston society means to cut" her. At nil events, it doesn't intend to mako a laughing-stock of itself the second time in the same way, and have the outaido world saying "sold again." Boston knows when it has had enough, but the discovery may bear a little hird on tha Queen's sitter. Speaking of the fine arts department at the Paris exposition, Mrs. Sullivan's dispatch says: "The key to the chief impression it will make will be found in the dictum of a well-known critic that the naked foot of a man or woman, even though it be tho foot of a beggar, is more beautiful than any shoo which may be made to cover it" This critic is it Raskin or Hamerton, or simply JobsonT does not necessarily differ from tho New Yorker, who, after many seasons at the sea shore, recently described the bare foot of the adult human as the ugliest thing in nature. A shoe is not 4,nature,"and whether it is inferior in point of beauty to any sort of foot, however crooked the toes and gnarly the bunions, is a mare question of taste. i The City Conncildoessomennwisethings, but if it will pass the resolution offered Monday night requiring the Street Railway Company to sprinklo its tracks, much will be forgiven it The Journal suggested this plan over a year ago, but tho objection was then raised by the company that it was too much to require them to furnish both sprinklers and water. As the pending resolution provides that the city shall supply the water free, there is no longer any room for objection. The matter should be settled without unnecessary delay. ABOUT PEOPLE AND TlliSGS. Some of the papers speak ot Mr. Depew as an "old roan." This U a blunder. Mr. Depew is lust fifty-five yecrs of ago, and he Is as lively In ills youthful way m he was along, long time ago. In LnA." her Tffiiun of "As In a Looklngglass,' Mine. Sarah Bernhardt had the name of JJalfour changed to Ramsey, because she tboucht that to Lave tho syllable "four"' In tbe play would bring ill-luck upon it. Two of the main Impediment to social leadership handicap Secretary and Mrs. Noble, They are wealthy, refined and hospitable, but he cannot remember a iuan' nam ten xinutes after an Introduction, and Mrs. .Noble's cvesigst Is very ior, so that she cannot retojiifze an acquaintance more than a few fet away. A m an in Elmira, K. V., who lately experienced tho pleasure of being nearly hanged, states that the sensation was not at all a painful one. Here is what be says: 'I could hear distant music, and a wonderful lieM flashed through the seeno Uial uitu tht whole ilOd the most beautiful X
bad ever seen. I felt awf nlly happy, and when I recovered my senses my first thoughts were of resentment to the rufio persons who took me away from.ray beautiful vision. Prixce Ferdinand, of Bavaria, is really quite a useful and manly aristocrat. He practices as a physician at Munich and never receives a fee for his services. A few days ago he risked his life to save a woman from drowning. The Crown Prince Rndolph, of Austria, left debts amounting to 5-000,000, it is said, although he had an annual income of $750,000, and his palaces and country places cost hitn nothing. His sporting trophies form nn interesting museum, aud their preparation and arrangement must have cost a large sum. Von Moltke's objection to intrusting private soldiers with a rifle which can be tired too easily appears justified since two German regimcuts have held a sham light with an imaginary enemy consisting of wooden palisade.". Tho command was three times given to "lire at wit)," and 2JO,000 rounds were fired. About nine-tenths of the bullets weut clean over the palisades. The Hawaiian Princess, Victoria Kainlanl, niece of King Kalakaua and second in succession to the throne of Hawaii, will pass through the United States in the month of May on her way to England for a visit of a few months. She will travel incognita until her return from England next spring, when she will visit Washington and pay htr respects to the President and his family as a royal personage. I Two members of the Melbourne Bicycle Club, Messrs. Bourston and fitokeR, have reached Constantinople from Egpyt, after traveling 4,000 miles on bicycles, on their way to England. They will proceed to Italy, and thence continue their wheeling tour to the Urillsh channel. After visiting England they will return homeward overland by a new route. They hope to complete the t rip by tho autumn of next year. Professor Fkesexius, of Wiesbaden, after a long series' of chemical analyses, declares' that an egg contains as much nourishment as a pound and an ounce of cherries, a pound and a quarter of grapes, a pound and a half of russet apples, two pounds of gooseberries, and four pounds of pears, and that 114 pounds of grapes. 127 pounds of russet apple, 192 pounds of pears and 327 pounds of plum- are equal in nourishment to 100 pounds of potatoes. Old Christ Church, Alexandria, of which one Gecrge Washington was some time a vestryman, had twice a woman sexton. In 177G, Susannah Edwards seated the congregation, "each according to his dignity." From iel0tol821 a Mm. Cook held sway, and it is said would look the people in their pews and patrol the aisles in a most martial manner. She was also a terror to eucL as infringed the decorum of the place. So It is no wonder she waa retired upon a pension ; long before her usefulness was past. An old safe in tho Britih legation at Toklo, neglected for many years becauso the key was i lost, was forced open recently, and among its ; contents were found the medal of gold and silj ver sent by the BritUh government twenty-six years before for presentation to those natives who i had assisted in the defense of the British legation against an attack made upon it by a mob ia 1801. An attempt will be made to present the medals now, but most of the men or whom they were intended are dead or cannot be found. M. Sie.vkewicz, the great Polish novelist, recently received an envelope containing a sum of 1,500 rubles, a tribute of admiration from one of his readers. Although he has no fortune, 31. Blenkewlcz declined to accept the present for himself, ne Invested the monoy sent him in1 a banking concern, and tho interest is to form a kind of yearly fund to enable some sick and poor artist or literary man to spend the winter m a warm climate. This fund wiU bear tho name of tho wife of M. Bienkewicz, who died a short time ago. . . i Daniel Dougherty, tho famous lawyer and. 6ilver-tongued orator, has been making pnblio addresses for twenty-five years, yet he never gets on his feet before an audience that he does not experience all the agonies of stage fright. John B. Gough, the great temperance advocate. wa one of the most entertaining of men when he got1 started, but lecturing, as he did, night after night' for weeks at a time, and to the most ordinary audiences, he invariably went upon tho platform in a cold presplration, with his knees trembling i and tit backbone quivering. . Amo.no tho witnesses in a recent suit . at the Palace of Justice in Paris was a person,1 apparently a young man, dressed like a student, who was accompanied by what seemed to be'an elderly gentleman of grave aspect. When fhe name of Mme. Libert was cnlled the young man stepped forward. 'l beg your pardon," said tho clerk, "I am asking for a lady, and not for a ,
young man." nut tnts young man is xuy( daughter," explained the sedate gentleman, stepping forward. It turned out that the old Mme. Libert runs a printing office, and had for a long time worn male clothing in order to manage her business better. She was bringing lux Jier,; daughter to the same custom. m, ; Tuc late Duchess of Cambridge was of 'a simrularly commanding presence tall and majesticlooking and although her manner! seethed tinged with an air of sternness, she yasipf a most gentle and amiable disposition, and suffered, scarcely any diminution of spirits from her enforced physical inaction of later years, jlndecd, sbsi seemed rather to gain In liveliness, and It was only when life was vlsiblv ebbing that her. habitual vivacity showed signs of declining. Hers cheery fortitude never forsook her. She war very fond of conversation, and of entertaining1 friends and prominent personages, and to. a gieat charm or manner she added an unfailing and well stored memory. As a linguist she was exceptionally accomplished, and sha conversed with equal lluenoy in English, French and German, betraying in none of them any trace of a foreign accent. She had als a competeit knowledge of Italian. , ' Bev. Samuel Franxis Smith, who is now tn Chicago, is the incarnation of his famous hymn. His mind and body at eighty years aro as healthy as the sentiment in "My Country, 'tis of Tlio." Mr. Smith Is a man of ordinary stature, a trjfio stooid with four-score years, but as nimbla on his feet as a man of sixty. He is f uU-bodied, but not sturdy. His face isan oval, with a short fringe of white beard under his chin, and a crown of nearly snow-white hair on his head. His Akin is of that healthy transparent pink peculiar to are and Infancy. His mouth is large and lips full, nose strong and straight, eyebrows heavy, and eyes bright and kindly in expression. The hymn tbat has made him famous wps the idle inspiration of a youthful rhymester, lie wrote it in 18r2, and bo wai Just half an hour in doing it. It takes him nearly as long as that now to copy it out for autograph hunter, in hla neat, ladylike hand. ; TnEEE once was a brave of tho Sloux Who into a gun muzzle blioux, . To see if 'twas loaded r Tbe rifle exploded, As he ought to have known it would dloux. Boston Courier. COMMENT AND OPINION. The administration is bound to see that federal officers do not commit offenses and cause scandals without receiving fit punishment, and in this case the Oklahoma officers! there are special reasons why no mercy should be shown. St. Louis Globe-Democrat. One of theso days the Georgeites, the Socialists, Communists and Anarchists will pool their issue, moderate their demand, and agree upon a lme of action that will accord with the views of a large number of people. Then the troublo will begin. Atlanta Constitution. All tho steps in the solicitation of office should be open as the day; all papers should be open to representatives of the publio Journals aud accessible to any one interested. This would be a move in the riht direction, and help tho cause of true civil-service reform. New York Press. TnE protective system, adopted as a principle brtho Republican party, means the protection ox honest American Industry and not the fostering of greedy and tyrannical monopolies. It mlffbt be good policy to make this matter well understood. The trust business is going too far. Cincinnati Commercial Gazette The policy of protection, which was clamorously demanded Dy the people a century ago, and which it was the chief object of the new government to establish, hat at last, at the close of the century, been confirmed anew by the people as the result of one hundred years of national experience. American Economist. Vhat the Democratic party really desires Is enough vot to capture tho spoils. The doctrines of free trade or protection are simply instrumentalities to be worked for all they are worth. It will bo natural and characteristic for the Democracy to apiear In the next campaign witb a protectionist ru airman at the head of a freetrade party. Chicago Tribune. IT is a thoroughly-settled principle of law that he who injures tho business of his neighbor mivlicioiisly is responsible in damages for the amount of the injury which ho causes. Let one Judgment le rendered against a labor organization for the payment of all losses to business interests which it brings about by means of the boycott, and tbat cowardly weapon of the labor agitators wUl be dropped at once Now erk Times. With every disposition on our part to be generous toward the South In Its InvoU emont in the troubles incident to the prence of the en nred voters in "Southern communities, we cannot refrain from urging upon them the inevitable conclusion that some irethod must be found for keeping the fcouth solidly Democratic other than Iraud and violence, stuffed baftoMmxe aud murders of Kepublioms. Thee will not much longer he submitted to by either the North or the new touth. New York Tribune. Character lit Ilia Footstep. Washington Special. General Harrison is tho most ileceptivolookinginanl ever saw. His skin is as white an snow. Ho looks liko a man who was just recovering from a long illness, and jet wheu he walkvd along tho broad corri
dors to -tho East Room this afternoon, ho stepped with the agility of a man of twenty-five. There is character in the way Harrison puts his little foot down. It illustrates determination. It is not a stamp but a firm plant. Secretary Halford said to-dav, in speaking of tho President's health: 'He's got lots of reserve strength, and while he gets tired like every other human being, he is seldom subject to sickness." But with all this tho President's closest friends believe that he ought to take a rest. Tho rush of office-seekers to Washington from tho 4th of March to the prescut day is without precedent, and Harrion sees almost anybody who is after an ofhee.
P.EV. FERDINAND C. IGLEIIART. Vigorous and Effective Reply to the Charges of Itishop Potter. In his sermon ion Sunday night Rev. Ferdinand C. Iglehart, pastor of themost prominent Methodist church in Newark, N. J., said: "Public attention lias been tailed to the sermon of Bishop Potter in . tit. Paul's Church on last Tuesday morning. It was a strauge sermon for such an occasion. It would have been iu better place on a day of fasting aud humiliation than on a centennial jubilee. . It was a wail at the people's degeneracy, and it came very near being the funeral oration of a dead republic. In the midst of the music of bands and choirs, at a time when Catholics, Protestants and Jews were giving thanks for the past and expressing hopes for the future, Bishop Potter, at the chief centennial service ot the Nation, had no spirit of thanksgiving and no word of hope. To invite tho President of the United States to occupy Washington's pew and compel him to listen to such unfair comparisons and such rude words directed either intentionally or unintentionally to himself was not in harmony with tho politeness which the speaker so commended' in his hero, but bordered on that vulgarity vrhose prevalence he lamented. "The central thought that runs through all his discourse Is that Washington's times were the ideal times, and that he was tho ideal American. Time is a concealer of defects. As our heroes recede from us with the years, their warts and wensand scars fade away, and only the comely outlines of their features are seen. Washington was an ideal American, but he was human and had frailties in common with his fellows. 'The Bishop says that the century has proaucea no characters like mm: nut it has produced a hero just as good and great. In the century to come it may not be an irreverent thing for the historian to record that Abraham Lincoln was the equal of Washington. It was strange that such a thought did not occur to the Bishop when he was lamenting the inability of our country to produce another ideal ruler. "Jle complained that immigration has weakened our blood and vitiated our stock. A centennial occasion would have been a good time to, thank God for the immigration that has mado us what we are. "Tho Bishop called attention to the fact that tho founders of our Republic were poor men, that by contrast he might rebuko the rich of to-day; and all this in tho face of the fact that the lirst President was tho sdu of a man of means, that ho inherited an estate from his brotherand that he married a widow worth $50,000; He was virtually worth a quarter of a million of dollars, and rolled in that luxury of which the Bishop is so afraid. The Bishop says another enormous difference then ideas ruled tho hour; to-day there are indeed ideas, but they must be merchantable ideas. The speaker must have overlooked the numerous public schools, our twelve million of school children and our army of ministers and editors. We are a nation of thinkers. As freo thoughts and as pure sentiments as Washington or his associates ever entertained aro entertained by tho peoplo of this age. Wo do not believe that Grant, Sherman and Hancock went to the army for their wages, nor that Lincoln and his successors took tho presidency for the money there was in it. We do not think that the distinguished Senators of the United States havo kept their positions as opportunities for jobberv. Wo do not think that tho only thought of the ago that has any influence is the merchantable one. Wo are in advance of the peoplo a century ago in moral and religious interests. We have lost some of the religious devotion of the Puritans, much to our detriment. " '"People and politics in Washington's time were no better than they are to-day. People had abont the same amount of chiy in their composition that they havo now. Party spirit ran so high in the earlier elections that men of ditl'crent parties would not trade with each other. No General was more bitterly criticised than Washington while commanding the Continental army, and no President was more savagely abused than Washington during his term of ollice. If it came to a square test it might be a question whether tho corruption of the ballot-box with money, vile as it is. is a gTaver 6in than owning slaves as Washington did till the day of his death. There 6at in Washington's pew on Tuesday morning a man selected to be the ruler of CO.000,000 people, his moral nature white as the driven snow. He would not utter an untruth or betray a tru6t any sooner than Washington." The White House Offices. Washington Special. It is a pitr. by the wav. that tho execu tive ofiices in the White House aro so shabby. Just now their seediness is heightened by ragged contrast with the bright green fawn and young leaves of the trees about tho executivo mansion. The great Kast Room, and the parlors and state diningroom of the White House are magnificent apartments. The private part of tho house is well furnished and comfortable, despite cramped quarters and bad sanitary arrangements. But the public otlices aro absolutely shabby. The curtains aro ragged, tho carpets worn and faded, the furniture battered, the walls dingy, the ceilings beyond hope. The most prominont object on a little table near Private Secretary Halford's desk to-day was a box of insect powder, with a.label declaring in vociferous letters that its conteuts were sure death to carpet bugs. Now that the olhce-seekers are thinning, a good house-cleaning, and fresh paint, and new. carpets, curtains and furniture would make the public approaches to the executive presence more in accord with national dignity. Another Journalist Going Wrong. New York Special. It is an interesting bit of gossip on NewsEaper Row, too, that Mr. Pulitzer's rightandman, CoL John A. Cockerill, who is in receipt of a salary of $20,000 a year, tyas mado up his mind to accept a nomination for Congress next fall. Colonel Cockerill is a great social, political and business success here, and just now is credited with being a power behind Tammany Hall and Tammany's young Mayor, and it is said to be his ambition to shine in the halls of Congress. With the example of Mr. Pulitzer before him, and also that of Amos J. Cummings, and a dozen other newspaper men, the news is really astounding to his friends. m The President's Father-in-Law. "Washington Letter in Albany JonrnaL Tho President's fathcr-in-law. tho Rev. Mr. Sccit, has given up his place in tha Pension Bureau, but he has not gone to live at tbe White House, as has bon published. He lives just where he always did, at a modest boaiuing-houso on Twelfth street, with his widowed 'daughter, Mrs. Scott-Lord. He is a harmless old gentleman, now in his ninetieth year, and spendsinuch of his timo at the White House, where both the President and Mrs. Harrison pay hira every attention. ' - Hint to lloulan jer. New York Commercial Advertiser. Perhaps General Boulanger is reaUy the beast of the seven heads and ten or according to some commentators, tin horns, in which case he will have to provide himself with six new hats, mount his black horse, blow all the horns at once and march on to victory. . He should bo careful never to let his horse see him. however, lest the charger be scared to death. A Political Insinuation, Washington Post. Out at Hartford, Ind.. they havo discovered a subterranean river, which is believed to come from a hnpe cave somewhere ner.r the point of discovery. We have always been impressed with a conviction that if they, dig deep enough in Indiana they would find a great many underground current. May lie It Heved. Philadelphia Ptcps. The esteemed New York World has discovered that Mr. Cleveland is enjoying a fierce attack of the "bighead." The World's dwh, it may be. proper to mention, is not always freah, but it is usually trustworthy.
A CHARGE OF JUDGE WOODS
The Grand Jury Reports for Duty and Is Instructed on the Election Laws. What Constitute Grave Offenses on the Part of Voters as Well as Those Who Rave Olficial Charge of Ballot-Boxes. GRAND JCItr INSTRUCTED. Judgo Woods Sets Forth the Law Bearing on Offenses at Elections. Tho United States grand jurors reported yesterday afternoon, at 2 o'clock, to take up whatever business may be brought before them. Judge Woods delivered to them written instructions as follows: In respect to the election law, however, I deem it necessary, or at least proper, to repeat to you now the uostante of the instructions glvea to the last grand jury. That jury returned a large number of indictments for alleged violations of tbat law some for bribery, which, with two or three exceptions, have been dLpoied of by trial, but most of theta for illegal voting, or for obtaining the opportunity to vote by means of falo aitidavit. OI these Indictments a few were dismissed on motion of the district attorney, and the remainder quashed or found defective for want of averment to the efl'eet that the acts of tho accused had reference to tto election of a Representative In Congress such averment being necessary to give this court Jurisdiction, or to make tho acts complained of an oflene apalnst tie United States. Whether or not these parties or any of them shaU be re-indicted ia submitted to your consideration. The intnuteajof the evidence on which the Indictments were returned will be at your disposal, and with those and such additional information as the district' attorney has acquired and can communicate, you can readil7 determine in what cuHes, If aay, the witnesses should be recahed or further inquiry had. Probably some of these charges are well founded, but that many of them are not, or are incapable of proof, Las become clear. Convinced of this, the astlstant district attorney, under whoso supervision the investigations were had, before quitting otlice, mored for the dismissal of a number of them, aud declared to the court bis belief that other cases, it would probably be found, should go In the Bam way. An erauiinatlonot the evidence made by the present district attorney and his assistant I have in v self examined a larce number of the cases shows tbat, with a very few exceptions, the persons whose votes are alleged to have been illegal for want of proper residence In the State, or township, or piecinct -where they voted, had had such residence at nome prior time, aud if not on the day ot tae election it was because by temporary absence, more or less protracted, they had lost or abandoned it The attention of the court not having been called to tbe fact that the cases to bo or being Investigated involved the subject, that Jury was not instructed upon the law In respect to the. gaining and losing of residence, and consequently It ia, under the circumstances perhaps not surprising that in this respect tho jury fell into errors. An example will Illustrate the fact and will enable you to better understand the law on the subject. in a case where the accused in charged with having voted illegally becauso he had a bona lido residence neither in the State, nor township, nor precinct, tho testimony against him is this: "lie was rained there (lu tho town), was eent to the penitentiary; came out in February, 18 S7, and then went to his brother in Ohio, and came back about six week before the. election. Did not havo a settled place of abode; was a dead beat; he offered to vote at Fourth ward, but was rerefused; swore in his vote at econd precinct. JJis oath was supported by that of a freeholder, as in. cases of challenge the law requires. Tow. the law is that a person who has a resldenc does not lose it by going away, however protracted kis absence may be, unless he went with an intention not to return, or while absent formed such intention; and there can be no question, for all that is shown, that this man had a residence in the place where he was ral-ed. Whether he voted in the right precinct, the evidence may be said to raise donbt or suspicion, but it docs not amomt to proof. He returned six weeks before theeleetion and had time. If he choe. to change h's precinot residence. "For your guidance on this subject of residence, I read from a reported decision of the f urcrue Court of Indiana, Culbertson vs. the oard, 32 Ind., 363. Tumi ng now to the federal statutes, you will find crimes against tho elactivo franchise denned in Chap. 7 of the Revised Statutes, but Sections 5511-5515 inclusive, contain the provisions especially to be considered. Bribery, you wiU observe, is treated like force, threats aud intimidation, as a restraint upon the voter's freedom, and constitutes crime only when it 'prevents the qualified voter from freely exercising the right of suffrage. The presumption Is that a bribe accepted, or an agreement made or consent given to accept a bribe offered, does operate as such restraint, unless satisfactory proof to the contrary bo made, and, ordinarily, such proof should como from the defense, and should receive credit only upon the most cautious scrutiny. That,however. is a mattorforatrialjury rather than foryou. It has been a question whether or not uniiiocess!id attempts to commit tho crimes defined in this chapter are punishable, and Sections 202U and 2023, taken from the same original enactments, which authorke the United fctates marshals and deputies to arrest without warrant any who attempt or offer to commit any of the acts so forbidden, have been cited in support of the alhrmative; but these provisions, intended, as is plain, only to define the duties of marshals, cau not be taken as denning crimes or as enlarging definitions found elsewhere. It is more consonant with the rules of construction' that this declaration of power to arrest should be deemed restricted to the cases of attempts which by the terms of other sections are especially made criminal; a, for instance, in fcectiou 5511 the utteinptdo voto in the name of another person, living or dead, and in Section "576 and ei&ewhere are like examples; while under taction 5440, defining conspiracy, any aRempt made In pursuance of any agreementof two or more to commit an offenseexposes the conspirators to punishment; so that for the purpose of finding out whether any attempt or ofles to do a loi bidden thing at au election was made in pursuance ot a ompiracy, as well as for the purpose of preventing Its success, and for the purpose of preserving peace at tho polls, thi pom er to arrest on the spot and to take the offender before an oflicer to be bound over as a witness or to answer tho charge, may well have been conferred; but I Instruct you that an attempt to commit the oCensos named iu Section 5511, except to vote in the name of another, does not sulvject the one who makes it to punishment, unless dons in pursuance of a conspiracy, and m that case the offense would be under Section 5440 in connection with 5511, andinthlRthe court is in known accord with opinion of other judges npon tho federal, supreme and district bench. Hut, while under 5511 an attempt is not in itself a crime, except in the one instance, yet somewhat singularly as it my seem to you, it is made a crnie to advie or pi ecu re the attempt to be mado. The clause by whlck this is done is bunglingly expressed, but supplying the preposition "to" before the word "attempt.' as I deem it proper to do, it read in this wipe: "If at, etc., any person aids, counsels, procures or advises any voter, person or ollicer to do any act hereby made a crime, or omit any duty, tho omission of which is hereby made a crime, or lto attempt to do eo, he shall be held punishable,' etc. This clause defines four separate offenses: 1. Aiding, counseling, etc., any act mado a crime. 2. Aiding, counseling, etc., the om'tting to do a duty. etc. 3. Aiding, counseling, etc., a person to attempt the doing of an act mado a crime. 4. Aiding, counseling, etc., an lomccr to attempt to omit that ia to evade any duty..So interpreted, this clause makes it an offense for any one to advise another to attempt to commit any of the offou6es named in the preceding parts of the section, though It is not a crime on the part of the one who makes the attempt. That is to say. If A attempts to bribe 1, that is no offense under tiis statute, but if A advises U , to attempt to bribe C. then it Is an offense, though H,who made tte attempt, is not liable; and tlio wisdom of this is in tho fact that tie ptnulty of the law is to bo iutiioted upon the on, who instigates an attempt rather than upon the com-' gr.ratlvely irresponsible agent or Instrument of is evil purpose. Another important question arises in respect to tne lnJerpretation of this statute, and that is, whether or not one is punishable who counsels or advises another to commit anyofthepc ofTenses, if tho offense be not committed, or an attempt made to commit it. I instruct 3ou that it must bo bovrn that the crime contemplated was committed, or an attempt made to commit it. The words "aids, counsels, procures or advices another to commit" mean the sauio as if the expression were, "by aiding, counseling, or otherwise procuring another f commit, etc., each word expressing a diilerect kind or degree of responsibility for the actual commission ol the offense, or for an attempt made to commit it. This is In harmony with tbe state statute which provides (R. 8. lsbl, tec. 17sb) that every person who shall aid or abet in the commission of any felony, or who shall counsel, encourage, hire, command or otherwise procure such felony to be committed, shall be deemed an accessory; and, excepting some provisions enacted last winter, there U no law iu Indiana for punishing ono who advises the commission of felonious crime, unless the crime advised bo actually committed, an attempt cutting no such figure under the State statute, as it is made to do under tke act of Congress. It might, perhaps, be well for Congress to dv dare penalties against all attempts to commit. or procure ine commission or criminal acts, Such an enactment would it clr.de advice or solicitation,, which, when not acUnl npon. are treated in legrmtton, as well as by la--writers, as a form of attempt; but to interpret the clause under consideration as having that ert'ect. wbiln it might bring within the range of punishment a few caie8 not otherwise to be reached, it would put out of reach the more eoinmon and Important crime of accessory to offenses actually coininltud, becanse this clause cannot be read both ways. Au accessory to a crime committed is punishablo for what is dono under his advice, wherever done; but if the law bo construed to make the mere giving of tho cdvice the complrto offense, the prosecution. If anywhere, must bo where the advlc was gtveni and not where acted upon, unless it wa given there. Ho that, on this construction, a cormptor of election, designing to Influence the election In a i-'tate,lut to escape punishment there, would nct-d only
to assemble bis rgents beyond Its licjit. and thus disclose hi: ?ciirme and the uicthod by which it was to bo cxectcd. and if he dM n more, no matter what wns done by others under his instruction, ha could not be procc ited 1t the State cosftrnrd, and, of tourye, probably would not be elsewhere. Uut under the otter construction, which the court adopts, the adviser is bt ld rejoiniblc for what is dene under hi co;:nci, and may be punished, no matter wl'ere the advice is given, in whatever jurisdiction it was acted npon: and hero it may be noted that according to Kctioa 731 of tho Ilcviscd statute, when aay offense Is begun iu one general district and completed ia another, the pro?ecutiou may bo iu either district. Otherwise, you can inquire only into oftenses committed in this fc'tate. fco that if one out of the rtato should, by letter or otbcrwse. advice another In the fctt.te to commit a drrirue, and he commit or attempt to commix it, the prosecution against tLe adviser, it would see:u, may Ik; in either Jurisdiction. In this connection it is proper to consider Section 540. whereby If two or more persons conspiro to commit any offense against the United M;tes, aud either or any cf thetn doos any act to eflect the oojeot of the conspiracy, they are all mado liaolo to punishment. ov, if one advise another to commit an offense, and that other consents, there is between them an agreement or conspiracy, and if elth-r of them does "any act to etlect the object" they are both pnnJshaMe accordingly. The difference lctwccn the t wo tactions in this respect is this: Under fcection 5"il, If A hdviscs 11 to commit an offene. and, with or without agreeing to do so, II attempts to commit it, A is punishable, but II is not. while under Section 5440 if A advices IS to commit an offen?e, and B agrees with A to do it, and does "any act to effect the object," both are punishable as conspirators. What I have said in repect to Sec. 5511 is, in tho main, applicable to the provision of .". rj and 5515. The last named (5515) relates only to the oflieers of an election, and subjects theia to penalties for neglecting or refusing to perform, or for violating any duty imposed bv any law of the State or United States in resect to the election, or for knowingly doin any act unauthorised by law with which to cfiect such election or the result thereof, or for aiding, counseling, procuring or advising any voter or oriicer to do auy act by this or other sections made a crime, or to omit any dnty, the omission of which is made a crime, etc. An ollicer of an election may be rarty to a conspiracy to bring about an omission or violstlou of duty by himself, aud Indicted therefor Jointly with the others implicated, but if ia such case lie actually omits a duty or violates the law, ho may be indicted, alone, under this section. iu ail cacs affecting the election franchise, tho acts complained of must have had reference to the choice of representative In Congress, els the court has no jurisdiction, but fcee. 5514 makes it prima facie sufficient proof in this respect if the acts done had reference to tickets or ballots on which the names of candidates for Congress might appear. The practical encct of this provision In States where, as in this, the names of candidates for local offices appear upon the same ticket witU those for Representative in Congress, is to niakt it possible to draw into the federal court well nigh every accusation for offenses likely to bo committed at an election when a Representative in Congress is voted for, but that, instead of this, a groat majority of the ordinary cases should bo left to the disposition of the local courts, seems to me to be In every way more desirable. Besides the burden upon this cmrt, which may easily be made ho great as to prevent the prompt disposition of other business, and the additional expense to the public and to individuals caused by bringing partle - and witness from ditauc f daces, other consideration! of public policy and, ndividiial interest make it proper that you exercise a considerate and discriminating Judgment whether a caae, though technically maintainable, should bo prosecuted in this court. As a rule, it seems to me though I give It onlr as advice, and leave you to a free exercise of your own discretion the federal Jurisdiction should not be Invoked unless the crime affected or was intended to affect, the congressional election, or unless there seems to be a local condition of affairs and inl'uenco which would probably prevent successful prosecution in the Stato courts. If any exception is made to this rule It, perhaps, ought to be in respect to tribery. whichIf not already, seems likely to become, the most dangerous foe of the Kenublio. You can hardly go amiss in striking a blow at this crime.vwherever it can be uncovered. It is to.be regretted that the federal statute against it is not mo jo stringent, and is in some respects open to evasion. The attention of the last grand jury was directed to the provisions of what is known as tho civil service law against political assessments upo x persons engaged in the public service. it .aving been publicly charged that tba law had been disregarded and violated in this city and other places iu the Stato during the la.$ campaign. What investigation tho Jury made t am unable to rtate, as it made no report upon the subject, and I submit it to your consideration, referring you to the . district attorney lor nn explanation of the statute on the subject if you shall need such information. As a rule you should rot inquire into matters of defense, but if tha evidence adduced before you indicates the probable existence of a defense, you should investigate in that direction; as au indictment ought not to be procured by evasion, disregard or suppression of accessible and proper evidence. To justify an indictment it is not necessary that tho proof show guilt beyond a reasonable doubt. It is enough if upon a full and fair investigation there be shown a strong probabi.ity of guilt. The district attorney has requested a special instruction upon the iower and duty of an inspector of election in respect to a "challenged voter, and particularly upon the question whether the inspector may disregard the chaN lenge and receive the vote without requiring tha affidavits of the voters and a freeholder, as provided by the statutes. I instruct you that in thit respect the law is Imperative, and as a question of duty does not make it a matter of discretion on tho part of the inspector or of the election board whether the oaths prescribed may be dispensed with. You will observe that it is macin the duty of tho inspector or any Judge to challenge any person offering to vote whom he shall know or suspect not to te qualified, and it is not an admissable proposition that an inspector alone, or with one of tho judges, may disregard a challenge interposed by the other Judge. Itut a challenge by a qualified voter of the precinct is entitled to as much res pect. and whenlnterposed. and not withdrawn, by the very terms of tha law, the inspector, or one of tho"judus, 4,thal"C administer" to tho parson challenged, it l.e Insist upon voting, the prescribed oath. "Shall as here used cannot be read "may" without materially changing the manifest meaning and policy of tho law. The prorisien, I repeat. Is imperative la respect to the duty of the inspector andjudges, and under the federal statute Section 5515, alreadv referred to a d,isrrard or neglect to perform the duty Is made an often so and thii is so without regard to the question whether tho person offering to vote was In fact entitled to voto or not. tio far as I know there is no provision in the Stats statutes for punishing inspectors for 6uch an infraction ot duty, but tho federal statute do provide a penalty which may be infilcte I when the breacb of duty was at au election for Representative iu Congress. fcec. 470:1, of the State statute, provides that if tho lierson challenged take such oath las is required j, and f hall have been supported by tl o requisite oath of a freeholder, he "shall bo admitted to vote" words which are imperative in respect to the duty of the inspector nnd judges, and yet, If, notwithstanding the making of the proper oaths, the Judge refused the vote, they were, by the State law, subject to no penalty until the year 1S58, w hen an Ld was passed which, provided "that anv in&iector or Judge of election, who shall knowingly and willfully, or corruptly, refiipo or nerlcct to receive the voto of any legal voter." etc. This act. you willohnerve, is applicable only when the vote of a legal voter is rejected, and when that was done knowingly or corruptly, while, as already stated, under the federal statute, tho essense of the offense is the neglect or disregard of the duty. But under this statute of 185. if notwithstanding tho requisite oath of the voter aod tte freeholder, tho board refuses the proffered vote tfceydoit, as was decided in the eae of lie 11 vs. the Stat, 17 Ind., 5riG, at the. peril of being able to show that he is not n legal voter, or of having to combat the prima facie case made acainst them by the oath of the voter. Something has been said of the right of tha lrsane and of idiots to vote a euhject which I have not Investigated. I think all will agree that they oufcht not to vote, and a. matter ot fact, idiota of course cannot vote, and the ijuestion is whether, under tho forms of law, otbers may vote thtm. Whatever the law otherwi-o may be, it Is evident that it the rluht of challenge be applied and respected by tho oflieers of election, idiots and tLoo m far insane as to bo manifestly incapable of taking the required oath, will not vote, and this exclusion will bo according to law. The jurors, after selecting A. T. Pincheon as foreman, retired to their room and began work. Tin'y willbe a.ift1d in their investigations by Assistant District Attorney Cockrum. A few election caei nro to bo considered, but tho work will lie principally the investigation of olinea n gainst tho postal and revenue laws. No cases will bo tried until the jury has finished its l.bora. It is thought it can complete i investigations in a couple of w cks, and the petit jury has been called for the 2lst iunt.
IN Till: SEVERAL COURTS. John Clements' Trial lor Killing Paul New. land 1 leg i ii. The trial of .lohn Clcumuts, who is charged with the murder of Paul IS. L Nowland. was liegrai yesterday in tho Criminal Court, It was late in tbe day when the lirst witness was put upon the -stand owing to tho delay occasioned iu selecting a jury. AtSoVJock in tho aft rnoon the proceedings began with the following jurors in tbt? box: Watson fcenour, A. 1L IlaiToiirt, James W. Hilton. Jaine S. Campbell. William 11. Hough. James C Mevers, lavid Millhoiihe, John Leddy, Joshua Kdward, John Killer, jr., Joliu Kisenhauer. (car P. Hoover. The evidence, an brought out bv the rtatM witnesses, covered simply l ho details of tha killing and was not earned far enough to develop anj' startling features connected with tho crime. lr. C. 1. Fletcher, Wilson Itoiston, Kdward P.. 1J use her. Henry Slat, Kllen tJrtibs, Anna liabir. fSallie lirimf Lulu Grub, Ucurgu W. Copsey, fcauusl 1
