Indianapolis Journal, Indianapolis, Marion County, 31 March 1891 — Page 4

THE INDIANAPOLIS JOURNAL, TUESDAY, MARCH 31, 1891.

Til E DAILY J OURNAL TUESDAY. MARCH 81. 1601. ' Telephone Call. Uot'.ncf OCce .1238 Editorial Rooms 142 WASHINGTON OFFICE 313 Fourteenth at. ItllMS OF 8UI1SCKIPTION. DAILT BT MAIL. On rear Trithout ftunday 12.00 On year. trMh HnuCay. 14.00 Pix tmnths, without nurtaj COO Fix rucntta. villi nnrtay 7.00 Thrr month, without Sunday.................. S.0U Three months, with bnmtsv 3.50 One month, without Sunday 1.00 Oe month, ith fcuDdsy luso - Delivered by carrier In city, 25 cents pr week. WKXKLT. . ' ' . Fer fear fl-00 Reduced Rates to Clabs. Subscribe with any of our numerous agents, or sena snbscrrpUoiiS to the " JOURNAL NEWSPAPER COMPANY, ISDIAyAPOLIS. I NX). Persons ssnfllrg the Journal thnraih the mall In the United State should put on an el pht-vae paper a cxx-CEJfT i estate stamp, on a twelve or sixteen rajre pat-er a thoczm loMse stamp. Foreign postage la usually double these rates. All communie aliens intended for publication in (hi paper mutt, in order to receive attention, beac towpanied by the name ana address of the writer THE INDIANAPOLI8 JOURNAL, . Can be found at the following places: FA RIS American Exchange In Farls. 86 Boulevard desCapncines KEW YORK-Gllsey House and Windsor HoteL FII I LAD ELPU I A A. i Kemble. 3735 Lancaster avenue.. CHICAGO Palmer House. CLNCINNATI-J. E. Rawley A Co., 154 Vine street LOUISVILLE C. T. During, northwest corner Third and Jefferson streets. BT. LOUIS Union News Company, Union Depot and Southern Hotel. , , WASHINGTON. D. C Rljrge House. and Sbbltt . House If Mayor Sullivan permits tho city to "be gerrymandered tho people will have something to say. x Grover Cleveland seems to he dropping out of public view. Ho began his letter-writing campaign too soon. The question is whether a Democratic Legislature has a constitutional right to violate the Constitution. Let the courts decide. " There will be a good opportunity to test Mayor Sullivan's non-partisanship when the Council passes a city gerrymander. mmi Ten to one all the Democratic Conpressmen t who accompanied the late funeral junketing excursion to California will turn up iiext session as blatant advocates of retrenchment. The meat-inspection law is likely to prove a measure of great importance. From present indications the exportation of American dressed meats will soon far exceed any record of tho past. Keep it before the people that the Democratic party is a minority party in Indiana, having carried the State by a majority only once in twenty years. It maintains itself in power by means of gerrymanders. ' Keep your eye on Dearborn county. If the Speaker of tho next House comes from Indiana his name is more likely to be William S. Holman than William D. Bynnm. But it is more likely to be a Southern man than either. Michigan proposes to use the money duo her under the direct-tax refund in equalizing the bounties among her volunteers during the war. If Indiana were out of debt, as she ought to be, something of that kind might have been done in this State. sIbiVbWMbiVsVHsBsbbbIbVbSsbVbIbYBVSIHMM A number of Democratic papers are speaking very slightingly of Senator Voorhees, one telling him that he will liavono appreciable influence In naming the next Democratic candidate for President. Thefe is reason, however, to believe that the Southern Democratic paper stated a very well-established fact. In answer to a query, it has been stated in" the Journal that only eight new offices were created by the last Legislature. That is true as to State officers, but tho creation of tho office of assessor in each county of tho State by the new tax law adds ninety-two county officers to tho list, making just an even one hundred, i Senator-elect John M. Palmer is lying quite ill with the grip at his home in Springfield. At his age it is a. serious matter. He is under promise to be in Chicago Wednesday night to take part in the municipal" campaign, but if he goes it will be at great risk. It behooves a man at seventy-three to be careful. There will, doubtless, be a struggle in the next Democratic national convention over tho silver question, but every Democrat can be counted on to hail with loud acclaim tho name of Elbridge Gerry and anoint him the patron saint of the Democracy of 1800. because tho practice winch bears his name, gerrymander, is the main hope of the Democracy. One reason why farming does not pay in many cases nowadays is that the young people do not do their part as they used to. In old times they all bore a hand and did their share of the work. Now too many of them leave the farm to find lighter employment or seek their fortunes in cities. Thus the old people have to hire help or tho work goes undone. Hired helD eats up the profits of farming. . Now that General Johnston is dead it is too late for "Bill Arp" or anbody else to come forward with the story that Johnston declared in 1806 that General George II. Thomas was a soldier of fortune, and would have gone with his native State, Virginia, if he had been offered a "good place" in the confederate army. The fact is that at the outset the "Rock of Chickamauga" placed himself on the Union side. The telephone is a patent and a monopoly. It declares large dividends and is a regular gold mine to its stockholders. As the business is conducted in this State, its plant Is not expensive and it pays littlo or no taxes on real or personal property. It enjoys franchises of great value and collects large sums from the people. An act of 1680 required telephone companies to pay a tax of 1 per cent, on their gross receipts, and under that law they paid last year a tax of 0320.01 This would indicate that their

gross receipts in the State during tho entire year wcro $82,09-1. Whether they were more or less, tho law required them to pay a tax thereon of 1 per cent., and they paid $320.04. -; Considering tho value of the franchises they enjoy and the amount of money they got out of tho people, this wa not a heavy tar. Yet tho new law reduces the tax 75 per cent., making it one-fourth of 1 per cent., and tho same law that makes this reduction increases tho taxes of individual tax-payers at least 100 per cent. Yet the last Legislature called itself a taxreform and anti-monopoly Legislature!

THE rUKOTIOSS OF THE JUDICIARY. Those who deny the power of the courts to pass upon the constitutionality of the apportionment laws are having a good deal to say about the true function of courts. The idea is inculcated that courts are naturally aggressive and must be watched; that the legislative department of the government represents the j people in a higher sense than the judi ciary docs, and that the latter should be careful how it assumes to past upon the constitutionality of legislation. "The power to set aside a legislative enactment,w.says the Sentinel, "is a delicate one, and will not be lightly or improvidently exercised by any man worthy to wear the ermine." If it is a delicate power, it is expressly conferred upon tho judiciary, and its rightful exercise will not "be evaded by any man worthy to wear the ermine. The idea that the legislative department is in any sense or degree higher, or more sacred, or nearer the people than the executive or judiciary departments in outside of the true theory of our government. Because it is the most numerous, tho most frequently elected, and has the most political power the Legislature is apt to claim rights and oxercise powers that do not belong to it. The truth is, the powers of the Legislature are as distinctly denned by the Constitution as arc those of the executive and judiciary. The branches of tho government are independent and co-ordinate, and while neither can interfere with the functions of the other each is independent and supreme in its own sphere. It is as clearly the right of the Supreme Court to pass upon the constitutionality of laws as it is of the Legislature to pass or the Governor to enforce them. In support of the idea that it is an awfully delicate and solemn thing for the courts to sit in judgment 'on the constitutionality of an act of the Legislature Judge Cooley is quoted as saying that the courts "cannot declare a statute unconstitutional and void solely on the ground of unjust and oppressive provisions, or because it is supposed to violate the natural, social or political rights of the citizen, unless it can be shown that snch injustice is prohibited, or such rights g';ranteed or protected by tho Constitution;" nor can a court declare statutes void'because they appear to the minds of the judges to violate fundamental principles of republican governmentunless it shall be found that thoso principles aro placed beyond legislative encroachment by the Constitution." These are elemental principles, and it is not necessary to quote Judge Cooley or anybody else to sustain them. It is not claimed that the courts can hold a law unconstitutional on grounds of impolicy, unwisdom or general perverseuess, but they certainly can hold any law invalid if it contravenes an express provision of the Constitution, and so far from there being anything peculiarly hazardous or improper in such action on their part, it is . their highest duty to do so. Surely, considering the composition of modern legislatures, the ignorance of many of tho members, the recklessness of caucus rule and the haste of legislation, there is no reason why their acts should be regarded as too sacred for judicial review. Tho idea that the judiciary is naturally aggressive and requires watching to keep it from infringing on the rights of other departments of government is not sustained by facts or history. If there is one department of the government more constantly and steadily aggressive than another, it it the legislative. The Federalist, No. 78, says: Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its function, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honorx, hut holds the a word of the community. The Legislature not only commands the parse, but prescribes the rules by which tho duties and rights of ever' citizen ;in to be regulated. The judiciary, on tne contrary, baa no influence over either the sword or the purse; no direction either of the strength or of the wealth of society, and can take no active resolution whatever, it may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon tho aid of the executive arm even for the efficacy of its judgments. This simple view of the matter Bursts several important - consequences. It proves i neon tost a bly that the judiciary is beyond comparison tho weakest of the three departments of power; that it can never attack with success either of the other two, and that all possible care is requisite toeuable itto defend itself against their attacks. Montesquieu says that of the three powers of government "the judiciary is next to nothing," and no writer on government treats it as aggressive or dangerous. History proves beyond a doubt that tho legislative department is the aggressive one and the judiciary tho most conservative. As to the rights of legislatures to violate the Constitution the Federalist says: There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his in as tar; that the representatives of the people ate snperior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorise, but what they forbid. If it be said that the legislative body are themselves powers, and that the construction they nut upon them is conclusive upon the other departments, it may be answered that this cannot bo the natural presumption whero it is not to be collected from any particular provisions of the Constitution. A constitution is in fact, and must Li regarded by the judges SB a fundamental iaw. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding Irom the legislative body. If there should happen to be an irreconcilable variance between the two. that which has I the superior obligation and validity ought,

of course, to be preferred; or. in other words, the Constitution ought to be preferred to the statute the intention of the Seople to the intention of tbeiragents. Nor oes this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that tho power of the people is superior to both, and that when the will of the legislative, declared in its statutes, stands in opposition to tnat of the people, declared in the Constitution, the judges ought to be governed by the latter rather than by the former. They onght to regulate their decision by the fundamental laws rather than by those which are not fundamental. These extracts from the Federalist indicate the true character and function of the judiciary. It is the bulwark of a limited constitution against legislative encroachments.

MISBEPEE BE 3 TATION 8 ABOUT 8UQAR. , The St. Louis Post-Dispatch undertakes to misrepresent tho provisions of the new tariff law relative to sugar, as follows: While the country is congratulating itself upon the reduction in the price of sugar announced for next month, it should bear in mind that the reduction is based upon a reduction in the tariff upon raw sugar. This will enable the Sngar Trust, while enjoying the credit of cheapening sugar, to add to its profits without fear of outside competition. In this matter, as in others similar to it, the Republican party has taken care of its friend, the monopolists. It is only necessary to compare the provisions of the tariff act of 1883 re-' garding the sugar duties with that which goes into operation to-morrow to expose the misrepresentation contained in the foregoing paragraph. The duties on raw sugars ranged from 1.4 cent to 2.4 cents a pound, and on refined sugars from 3 to 3.5 cents a pound in the old law. All of the duties on raw sugars are abolished , by the law going into effect April 1, and the duty on refined is reduced to one-half of 1 cent a pound. The greater part of the raw sugar imported for refining -paid 1.4 .cent a pound, and as the duty on the lowest grades of refined sugars was 3 cents a pound, the advantage derived by the refiners was at least l.Oceut a pound, while it will be seen that the only advantage derived by the refiner is a duty of one-half of 1 cent a pound, which is more than 1 cent a pound less than under the old law. The Mills bill, which was, according to the free-traders, the best tariff measure ever devised, laid a duty of 1.15 cent a pound on tho lowest grade of raw sugar, and of 2.4 cents on refined sugars, and gavo the refiners tho benefit of 1.25 cents a pound, against one-half a cent under the present law. If, therefore, the Republicans "have taken caro of their friends, the monopolists," by putting a duty of onehalf a cent a pound on refined sugar, how well did the Democrats propose to take care of their friends of the Sugar Trust by giving them the advantage of two and a-half times as much protection! The head of the Sugar Refining Trust, Mr. Havemeyer, is a Democrat, and is said to. have secured the favors extended to sugar refiners in the Mills bill , in exchange for a $50,000 donation to the Cleveland campaign fund. At any rate, he made that donation. The Sugar Trust employed a powerful lobby to defeat the present provision of . the tariff law regarding sugar, and when it could not retain its old advantage it fought for a compromise, but failed in that The . sugar "monopolists," who are or were tho members of the Sugar Trust, are not the friends of the Republican but of the Democratic party, and they bear the Republicans no good will for their action in making it impossible for them to control the sugar market through a high duty on the raw material. These are bed-rock facts. Free sugar is a Republican achievement, and it was opposed by the united Democracy in tho Fiftyfirst Cougress. TAXATION OF THE LIQUOR TRAFFIC. The report of the State Auditor of Ohio shows that during the year 1890 the saloons in that State paid taxes amounting to $2,458,551.18. These taxes were paid by 10,754 saloons, and were apportioned as follows: State general revenue fund, $491,823.02; municipal police fund, $G2S,417.43; municipal general revenue fund, $75(5,000.96; county poor fund, $581,712.77. This is an average of more than $230 a year for each saloon for State, county and municipal purposes. The saloons in this State fare much better, thanks to Democratic protection. The State levies a tax of $100 and cities may levy a tax of $250, but comparatively few have done so. There are at least half as many saloons in this State as there are in Ohio. Say there are five thousand. Under the Ohio law these would pay $1,229,277; under our law they pay a State tax of $500,000 and a municipal tax of perhaps $100,000 more, making a total of SG00,000. The Ohio saloons pay $581,712 to the county poor fund, whereas in this State they pay nothing. In Ohio also they contribute $028,417 to the municipal police fund, while in this State they contribute nothing. At the last session of the Legislature, a proposition was brought before the committee on ways and means to levy a State tax of $500 on each and every saloon in the State. They paid no attention to it and increased the tax on all real and personal property 50 per cent., and required it to be appraised at its full cash value. The saloons were favored at the expense of the people. The trouble in Connecticut can be briefly stated. The local canvassers in one city threw out 123 Republican ballots because the word "for" preceded the word Governor, but local canvassers in other towns counted 3,413 Democratic ballots which had the word "for" before the titlo Governor. By counting out the 123 Republican votes with "for" and counting in the 3,413 Democratic votes with "for,!' the Democratic candidate for Governor has a majority of twenty-six votes. The Democratic Senata insists that the Democrat is elected, but the Republican House holds that he is not. Hence the three months1 dead-lock. The Republicans have proposed to submit tho matter to the Supreme Court of the State, but thus far the Democrats have rejected every proposition to compromise or refer. The law of 1889 imposed a tax upon express companies doing business in this State of 2 per cent, on their gross receipts. The . companies paid a tax last year of $320.03. This was the total amount of taxes received from all the express com

panies doing business in the State, and would indicate that the gross receipts of all the companies during the year for business done in the -State were only $10,301. Two per cent, on that sum would bo $32G.03, just what they paid. Of course, no person will believe that this was a correct return. The last report of the State Auditor of Ohio shows that the gross amount of receipts of express companies doing business in that State during the year 1890 was $344,903. This may not have been a correct return, but it is what they did return and were taxed on. It stands to reason that if the gross receipts of express companies loing business in Ohio were $344,903 those of the companies doing business in this State were more than $1G,301. No doubt they were at least twenty-five times that much. The tax of 2 per cent, on gross receipts was not unreasonable, yet the new tax law reduces it 50 per cent., making the tax 1 percent, on gross receipts.

Following the canceling of Mr. Stanley's appointments in Texas, Rev. Joseph Cook, of Boston, has canceled his engagements in the same State, writing to his agent that he knew ho could not satisfy a Texas audience as long as Southern hands insisted on throttling free speech. Mr. Cook is independent in politics, but he seems to have pretty decided views on the Southern question. To an interviewer in St. Louis he said: Apart from all party considerations I feel strongly about tne inequality in representation in our government. The South, in Eroportion to its population, or rather vote, as three times as much power in the representative departments of our government as the North. This Is not fair or just, and the North will become impatient under such conditions if they continue. The South is standing in its own light in this matter in keeping the negroes in political suppression and personal serfdom. It is time the North was feeling indignant about Southern intolerance and subversion of the law. 1 believe the fourteenth and fifteenth amendments, in all their features, should be enforced. It is a quarter of a century since they were made a part of the fundamental law of the country, and the South should no longer be allowed to ignore the provisions of our Constitution. TnE Iowa State Register attributes the recent rise in the price of hogs to the fact that the alleged combiue of packers have bought and packed the greater part of the hogs in the market at a low price, and, because they could control the market, have now put prices up in order to realize an immense profit. These profits, it says, tho farmers could have if they would form companies in each congressional district in Iowa to engage in the packing business. While this plan may not be practicable, there is reason to believe that a larger competition in the business of buying and packing cattle and hogs would secure better prices for the farmers. The prices of both have rapidly advanced of late, cattle being quoted in Kansas City at higher prices than have been realized since 1882. 5 Secretary Rusk has an article in the current issue of the North American Review on tho causes of the discontent of farmers. He says that the condition of the farmers is much better now than it was forty years ago,' and so is that of every class. The trouble is that farmers know that their share of the increasing wealth of the country is not so great as that of people engaged in other lines of industry, and knowing, as all admit, that agriculture is the basis of all the prosperity of the country, farmers feel that they are not properly recognized by tho country. The Secretary shares that feeling, and his efforts to promote the prosperity of agriculture in his official position prove his sincerity. The London (England) Textile Mercury, after stating that the decline in the shipments of fine woolens and worsteds from Bradford to the United States continues, goes on to discuss the lace and curtain industry. It notes the comfort which English makers are finding In the statement that curtain manufacturing has not been a success in this country, and adds in reply that if human skill were a stationary quality, there might be some reason for indulging in such a hope, but unfortunately there is great reason to fear that American manufacturers will not rest with the progress they have achieved. Which shows that our competitors know us a great deal better than their friends in this country. Since the Democracy and the "i6ms" carried Minnesota, White-capism has made its appearance. At Two Harbors one of the candidates for president of the village was recently taken from his house, in the night, and, after being cruelly beaten, , was shot through the head. Since that time they have warned the editor of the local paper not to say a word about tho matter or they will "have his heart." What the Mafia is to Italy, the White Caps will become to the United States if they are not severely punished wherever they appear. During the last few years of low prices for cattle butchers and meatpackers have made money at an enormous rate. Although cattle have been lower than ever before there was no reduction in the price of beef to consumers. Now that there is a prospect of cattle advancing it is to be hoped , butchers will not put up the price of I beef. They have been fleecing the peo- j pie for several years past, and can afford to continue the old prices. The Duke of Marlborough, who ranks among the bright -Englishmen of the day, lias an article in the current number of tho Fortnightly Review comparing English railroads with those of the United States. Among other things he says: "Our English railways are toy systems; our rolling-stock, toy freight-carriers compared with tho trains which are run all over America." Of course, most Englishmen will read this statement with frigid incredulity, hut, all the same, it is true. In almost everything relating to transportation England is very far behind this country. One of the recent idiosyncrasies of apart of those who practice faith cure and similar fads is that those who have not the gift at first can acq air it by absorption. Madame Hoague, of Dallas, Tex., advertised to transmit for a moderate compensation her mesmerio powers to those who would become her pupils. The pupils could, by being with her, absorb her powers, while she would surely absorb their money. The dispatch says that she agreed to make a duplicate of herself of one Mrs.

Collins. This was to be done by livmgand sleeping with her until Mrs. Collins had absorbed all the science and tricks of the trade. Mrs. Collins soon after, the absorption began found herself in a deep opium sleep, and later discovered that her teacher had "absorbed," without her knowledge, $50 of real money. When accused thereof the Madame confessed, made restitution in part and advised her pupil to go out and set up business for herself, but instead Mrs. Collins had the Madame arrested for fraud. A considerable number of Mrs. Collinses would injure a lucrative business. A meeting of the board of trustees of the State University will be held in a few days to select a successor to President David S. Jordan, who has resigned to accept the presidency of Senator Stanford's California University. Among educators the opinion is quite general that Mr. John M. Coulter, now professor of biology in Wabash College, Crawfordsville. will be chosen. If this expectation is realized the State University can be congratulated on securing a man in every way worthy to fill President Jordan's place. It should be a source of pride to Indianians that their State has produced two men so eminent in educational work. If the Chicago man had set his trap yesterday he would probably have caught a fine lot of grip bacilli. But it seems almost cruel to capture them when the weather is so perfectly adapted for their enjoyment.

ABOUT PEOPLE AND THINGS. Rkv. Dr. Mendeniiall, of Cleveland, has set at rest the mooted question of the authorship of "The Bread-winners" oy announcing himself as that man. , The original Rockefellers in America the ancestors of the oil kings were four brothers, who came from the Rhine provinces during the last century and settled in New Jersey. The Sultan of Turkey is said to be imbued with the superstition concerning cross-eyed people. He had a man in his suite afflicted with an obliquity of vision in one eye. and as the courtier was too useful to discharge, tne eye was extirpated. Ernest Renan once had occasion to telegraph across the British channel the subject of a proposed lecture in Westminster Abbey, The subject as stated by bim was, T he Influence of Rome on the Formation of Christianity." It was published in England as "The Influence of Rum on tho Digestion of Humanity." Mmk. Carnot had 4,000 guests at the last ball at the Ely see, in Paris. She was attired for the occasion in a handsome dress' of Louis XV. pekin, vieux-rose stripes on white ground, brouche with vieux-rose flowers; yieux-rose satin tablier, trimmed with point d'Alencon. and a head-dress small rose, feathers and diamouds. It was Colonel Ingersoll who once remarked that English opera would never bo popular with the Four Hundred because they could understand English opera, and they had small opinion of what thev could understand. "And they are right?' added the sarcastic Colonel, 'in despising what they understand they understand so little." Mrs. Mary 'A. Livermore has been filling lecture engagements in the West for several weeks. In Jackson, O., she was escorted to the opera-house by the G. A. R. post. Sons of Veterans, and a band of music After the audience was seated a special guard of honor escorted her up the aisle to the platform, everything being done as if she were conimander-in-ohief of an army. . Mrs. Mary Bkayton Young died at her home in Fall River, the other day, aged seventy-six. She was the mother of Bradford M. C. Durfee, m whoso honor was erected the Durfee Memorial Hall, at Yale College. She gave to Fall River a publio high-school, costing $750,000, the building being formally presented to tho city in 1887. She was married twice, her first husband. Major Bradford Durfee, being the richest man in that section. Her second husband, Joshua Young, was a clergyman. Her estate is estimate at $12,000,000 to $15,000,tr)0. "For, four years," says Joaquin Miller, "I have been getting ready for the work of my life, namely, my life of Christ in verse. As nearly as possible I will follow Bible lines, and will incorporate the best of the parables, togother with Psalms and Proverbs. 1 will- invent some parables, of course, fitting them in the places where they belong. There is so much romance' beauty and poetry in the Bible that it will not be at all difficult for me to select my themes and subjects. Christ was a beautiful man, lived among the most beautiful of women and the noblest surroundings; I can imagine those tall, dark-skinned, beautiful Jewish girls, sensuously benntiful women, who can be painted in poetry and in song. I expect it will take me several years tojcomplete the work." By the twinges in my bones. And Assorted patns and groans; By aching throat and ailing lung, ' I know that gentle spring nas sprang. Philadelphia Record. DEPEW MAY BE INDICTED. Strict Instructions to the Grand Jury Investigating the New Tork Tunnel Disaster. k New York, March CO. Chauncey M. Depew was subpoenaed to appear to-day beforo the grand jury as a witness in its investigation into the causes responsible for the collision, attended by fire, in the New York Central tunnel. After Mr. Depew had given his testimony, the grand jury prepared a nnmber of questions upon which they wanted information, and submitted them to Judge Fitzgerald. The Judge, after looking up the statute, said: "The statute provides that the grand jury may ask the advice of the court, as they are doing now very properly, and may also ask the advice of the district attorney. And no member of the grand jury has a right to put any construction of his own on the law or to take the advice of any one but the court or the district attorney. Now what does the statute say in regard to this! It provides that a person concerned in the commission ' of a crime, whether ho performs it himself, or aids, or abets in its commission, is a person for the grand jury to act upon. In relation to tho matter of directors, whom you are inquiring nbout at present, have those persons the control and management of the roadf If so, it is their duty to see that the requirements of the law for the safety of the traveliuir public are respected. There should be no hi citation of the grand jury to act upon the law as applied to them. Any person concerned in the commission of an act is a member of the liable party. The law says that some person shall be responsible. Those people control the management of this road. They, have a clear duty imposed upon them by the statute. If they have violated the statute an indictment should be found, and let me say that while it it is proper that in cases where persons of eminent standing in the community have serious charges made against them, it is well carefully to inquire into all the particulars, j-et the law requires that the same law should.be enforced against them as against any one else. If the facts warrant an indictment an indictment should be found." Judge Fitfgerald'a words created some little stir in courL After he had once more taken his seat a juror arose for further instructions. In answer to the questions of the juror the court said that the directors could be charged with misdemeanor as well as the corporation. There is not a doubt in the mind of any person who was m the court-room when the jury tiled out. but that true bills will be fouud against the directors of the road. Font Thousand Allies to Secure .1 Divorce. Sioux Falls. S. D March CO. Mrs. Eva Lynch-Blcsse has come all the way from Cavendish square, London, to take advantage of the easy divorce law of this State. She claims her husband committed adultery with the wife of Lord Torphieen and accordingly desires a divorce.

FATIIEB CRAFT TROUBLED

IIo Predicts Another Indian Outbreak, and Savagely Assails Politicians. Meanwhile CommlMloner Morgan Is Trying to Allay Irritation by Fulfilling the Prora'tin of the Government to the bionx Providen-ce. R. I.. March DO. Mr. Eugene T. McAulifle, of this city, yesterday received a letter dated Pine Ridge Agency, March 23, from Rev. Father Francis M. J. Craft, the Indian missionary who predicted the recent Indian trouble, and who himself was shot at Wounded Knee. Her. Father Craft earnestly points out the danger of more serious trouble, unless the Indiann are placed under control of the War Department. He says in part: "As tho ca$o stands now the causes of trouble still exist, and Indians and whites Are at the mercy of any rascal who iinds it to his interest to annoy and endanger the in. The only thing that stands in the way of a speedy and permanent settlement of all difficulties, by an immediate transfer of the Indians to the War Department, is the desire of politicians to retaiu plunder. As these politiciaus are our public servants and in our power, we American citizens should use that powr to torn them out of the oflices they have abused to our loss and disgrace. With tho people rest the remedy, and on them will rest the blame if they will not bentir themselves. Every word that I have said for the past year has been verified, and moro than ye rihed. and 1 think it is now time for Amerioans to say wbat they are goin to do. The American people are responsible, if they fail to act at once, for evils that will certainly follow. Heaven grant that I may not now be making another prediction to be lightly disregarded and terribly veritied. If the Indians are not to bo transferred to the War Department, but are to be further robbed and abused. 1 suppose I must prepare for another done of lead and and steel, which will, I hope, be more effective than the last. I am heartily sick and tired of witnessing miseries that I cannot correct, and sharing the suffering of the unfortunate Indians and brave soldiers, who are forced into conflict aud then slandered by the cowardly politicians who slaughtered them." Instructions to Indian Agents. Washington, March SO. The Commissioner of Indian Aflairs has sent to tho agents at the various Sioux reservations a letter giving a synopsis of all existing treaties and agreements between the Sioux and the government, including the Indian appropriation acts passed during the last Congress. The Commissioner directs the agents to state to the Indians that agent Cooper has been instructed to proceed to Pine Ridge and And out detlnitely what persons suffered loss of property during the late trouble, and that as 60on as this information is received the $100,000 which Congress appropriated to make good theso losses will bo paid to them. They Are also directed to explain that the agents have been requested to report to him what Indians are ready and entitled to have from the governn . the cows and other stock, and as s as this information is received tl ck wiill be purchased and sent to thei he Indians aia also to be told that . i snperintendent of Indian schools is now investigating the natter of establishing a largo boarding-scbool at Hosebud, improving the boarding-schools at Pine Ridge and elsewhere, and of locating and building the thirty day schools provided for, and that it is hoped that before the opening of the nAw school year in September all of this work will either bo completed or well tinder way; so that they will have next year better school facilities than they have ever bad. The agents aro also instructed to inform the Indians that possibly within the next six months tho commission will be appointed to settle tho Suetibu of a boundarj line between Pino !idge and Rosebud, and that orders havo already been given for the establishment of snb-issue stations at convenient places. Larger and better cattle will also bo furnished tne Indians. The Commissioner directs that the agents state to tho Indians very fully and very emphatically that a renewal of the disturbances will postpone the payment of money and the furnishing of supplies. Want Commissioner Morgan Retained. New York, March CO. The annual meeting of the New York branch of the Woman's Home Missionary Society of the Methodist Episcopal Church was held to-day at St. Andrew's Church. The reports from the various churches were all encouraging. Mrs. M. Griffith was among those who made addresses. She reviewed the recent Indian troubles and said that the government was at fault in tho matter. She said that Commissioner Morgan had been unjustly criticised, and she urged the women to influence their husbands' votes for Mr. Morgan's retention in office. AARON BURR'S LAW PARTNER DEAD. Lawrence Gardenier, a Once Brilliant Lawyer, Dies at the Brooklyn Borne for Aged Men. New York, March SO. Funeral service were held on Saturday night, at the Home for Aged Men, in Claseon avenue, Brooklyn, over the remains of Lawrence Gardenier, who died in the institution Friday at tho great age of ninety -one. Gardenier was the law partner of Aaron Burr, and in his day was recognized as one of the most brilliant members of tho New York bar. His father was a member from New York in the first Congress, and died of a wound received in a duel. The son was born in Kingston, this State, in 1800. and graduated from Columbia College. He entered into partnership with Burr in 1825, and was to have married Burr's beautiful daughter, Theodocia. in 1827. but she sailed from Charleston for New York and was never heard of again. During tho time Dewitt Clinton was Mayor of New York, lawyer Gardenier delivered a Fourth ot July oration from tho City Hall steps. Ho was the Beau Brummel and Chauucey M. Depew of his day, and spent a fortune of several million dollars in generous living. During the later years of his life, befora entering the Home, he was an assistant in the law office of ei-Judee Birdseve. He leaves a son and daughter. Tlie interment was in Trinity Cemetery, this city. ACCIDENT AT TEKRB BACTE. Two Mon Fatally Barned by the Bursting of o Cupola in a Blast Furnace. Epecl&I to the Indianapolis JonrnaL Tekre Haute, Ind., March CO. By tho falling of the lower walls about the hugo furnace at the blast-furnace, to-day, daykeeper Patrick Hurley and engineer Garver were fatally burned. The men were, taken by surprise, and while the bricks did not fall on them, they could not escape before the flames caught them. Their clothing was burned from their bodies, and their death is expected during the night. He Was Hannibal Hamlin's Cousin. St. Louis. March CO, The remains of Emory Livermore, who died at Carthage, Mo., March 27, without medical attendance, and which were brought here for interment, arrived to-day. An inquest developed the fact that Mr. Livermore was a first cousin of Hannibal Hamlin. He was born in Maino eighty-one years ago, and during his life was at various times engaged as an editor and book-keeper. Death, was doe to senile debility. Suicide of a Itptlretl Army Oftlcer. New IIavex. Conn., March CO. Maj.-Geru Charles A. Johnson, a retired armv officer who served in the Mexican and civil wars, committed suicide this morning bv shooting himself in the left breast. He came from Utica, N. Y about five years ago. He was sixty-live years of ajje, and a descend ant of John Quincy Adame