Indianapolis Journal, Indianapolis, Marion County, 9 June 1894 — Page 4

4 THE INDIANAPOLIS JOURNAL, SATURDAY, JUNE 9, lSyi.

THE DAILY JOURNAL SATURDAY, JUNE 0, ISM. vmhisctcs omcE-u:o pesxsuyakia avekue i ' ' ' Tlphon Call. rrsicfMOflScf Ertitori.nl r.oomn ..242

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THE XDIANArOLIS JOURNAL Cad te found it the fo'loirlnjr place: X'ABIS American Exchange in Paris, 33 Boulevard te Cajnicluca. 2shVf YOItKGilaey Ronae and Windsor Hotel. I HI LA DELPHI A 4. pTKembL' 3733 Laacaater uTecue. CHICAGO rainier Houes. Auditorium Hotel CL?;ci:sNATI-J. K. Hawieyfc Co, 134 Vine street XOUISYILLE-C.T. Peering, nortaweat corner ot Tiilrd and Jefieraou street T. LOUIS Union News Company; Union Depot VaEIIIgTON. H. cSilltf Houa and Ebbxtt House. If the Democratic Senate were a ham It iwould be of the variety known as sugar fcured. Governor Altgcld has removed the courageous sheriff who did his duty. Cannot the Sentinel applaud? There Is this to be said In favor of the election of a woman to the office of school commissioner: She will not be Involved in Jobbery. "Well-Informed party leaders are predicting 00,000 Republican majority in Illinois Eext fall. Mr. Cleveland carried the State "Ly 20.093. For the credit of the State and of Its sheriffs It Is to be hoped that hereaft?r n& jriots will occur when any of thra ar 'candidates for re-election. The unusual interest being taken in the School Board question promises to result Jn bringing: out a much larger vote to-day than is customary at such elections. . The testimony of manufacturer Gaston Ecems to have paralyzed the Sugar Trust ,ead of the Sugar Trust scandals Gray, Xdndsay and Allen two Democrats and a fopulist. If tho sugar monopoly, taking millions out of the pockets of the people, had been left to the vote of the Populist Senators, it would have- been adopted by a vote of twe to one. A Democratic paper says that It was the flood that overcame the Democracy In Oregon There has been of late, and promises to be next year, a good deal of that fcort OirLoexi in thi3 country. A cood many .men have, from time to time, professed a willingness and even a Ccslre to see a woman on the School Board. They have an opportunity In two districts to-day to prove the sincerity of their professions. The paper which gave "The Work of the J?if ty-thlrd Congress"-, as the topic of an editorial and loft a half column blank did .'.ot do . the subject - Justice. The Fiftythlrd Congress, by Its proclaimed and attempted legislation, has paralyzed the business of the country.. Voters who are, a little afraid that the election of a woman as school commissioner would unsettle the established order of things should reflect that the ten men who are her associates will probably be able to restrain her impetuosity and hold the affairs of the board level. Again the Journal warn3 Its readers jtgainst the declarations of free-trade papers to the effect that the bill which the Senate is preparing for final vote Is Cot "a McKlnley Bill, jr." The average tlutles In that bill, outside of the sugar f chedule, are less than 2 per cent, higher than those of the Wilson bill. The Republican pap:r which declares that Senator Quay, of Pennsylvania, voted wltt the Democrats fcr th Sugar Trust schedule exd assail3 him therefor in an editorial does the Senator an Injustice, Senator Quay and every other Republican either voted or was paired agaicst the proprsltion to tax all the people to enrich a tru:t. The Populist Senator, Allen, who says that he voted for the tax on sugar to fill the treasury which the McKlnley law tad depleted, seems not to have discovered that the measure for which he voted, by not coins' into operation until Jan. 1, puts the tax into ' the coffers of a tnonopoly Instead of the treasury. ' The trade journal, the Manufacturer, says that in the first year of the McKlnley tarts the American production of mackintoshes rose from $.30,000 to $1,200,000, and English goods wero almost driven from the market. It was occasioned by the Increase of the duty from 40 tD GO per cent. Instead of making nvacklntoshes cost more, prices have fallen W per cent., while the quality cf the goods Is superior to the Imported. By the nomination of Hon. Robert J. Tracewell, of CorydoBi Harrison county, the Republicans of the Third district will escape whatever friction the campaign might have developed if either of the leading aspirants had been successful. Mr. Tracewell Is one of the young men of Democratic Ilairlon county who has steadfastly upheld llepubllean principles In that stronghold. Mr. Tracewell is a man of character and an able representative of the young men of the party, being tbout thirty-five years of vge. Before the killing of engineer Barr rubll: sympathy at Brazil, and the tympUhy of railroad employes generally, was with th miners. Now all aro against them. Yet present attitude of the strikers is no Cire lawless than it was before poor Barr rii killed., destruction of property

and the seizing of railroad train? I as much a violation of law as is the destructlon of life, and the perpetrators of one crime are as little entitled to sympathy as those of the other. From whatever roint of view the subject is regarded one Is continually forced to the conclusion that the safety of all classas rc,ulres th enforcement of law and the punishment of its violators.

LIABILITY FOR THE ACTS OF MOBS. The Journal suggested, a few days ago, that the counties where railroad property was destroyed by rioters might be held responsible in damages, remarking that it was a general principle of law that cities and other municipalities are liable in damages for the destruction of property by mobs. This was an off-hand opinion, and closer investigation of the question shows that it needs qualification. In the absence of special legislation on the subject fixing such liability, cities and counties are not liable In damages lor the destruction of property by mobs. Dillon, in his work on municipal corporations. Section says: "Public or municipal corporations are under no common law liability to pay for the property of individuals destroyed by mobs or riotous assemblages; but in such case the Legislature may constitutionally give a remedy and regulate the mode of assessing the damages." So, also, Tiedeman, in a recent work on municipal corporations, says: "The suppression of mob violence and the prevention of injury to life and property is a public duty, delegated to the municipality by the State and is to be distinguished from corporate duties to be performed for the special benefit of the municipality. In that there is no common law liability upon a municipal corporation to reimburse those whose property has been damaged or destroyed by mobs." The theory of the law is that municipal liability for injury to person or property, caused by a mob, does not rest upon an implied contract between the individual and the municipality, but is wholly statutory. In a suit against the city of Cleveland, O., for damages on account of property destroyed by a mob, liability was sought to be grounded on the existence of power In the officers to prevent and suppress mobs and their failure and neglect of duty in this respect. The charter contained a provision that "it shall be the duty of the Council to regulate the police of the city, preserve the peace, prevent riots, disturbances and disorderly assemblages." The Supreme Court held that this provision had reference to the passage of ordinances to be enforced by officers appointed for the purpose, and did not make the city responsible for the riotous destruction of property, or for the neglect of the officers of the city in not preventing such destruction. Similar decisions have been rendered in other States. In a suit against the city, of New Orleans, the Supreme Court of the United States said: "The right to reimbursement for damages caused by a mob or riotous assemblage of people is not founded upon any contract between the city and the sufferers. Its liabillty for the damages is created by a law of the Legislature and can be withdrawn or limited at its pleasure." It is obvious from these authorities that it is settled law that municipal liability for the acts of a mob is altogether a subject of statutory control, and, in the absence of legislation on the subject, there is no liability. Several States have enacted laws on the subject and in every case where their constitutionality has been questioned they have been upheld by the courts, and there Is no doubt whatever as to the right of any State Legislature to pass such a law. Tiedeman, the writer on municipal corporations above quoted, says: "In many States statutes have been enacted which give the person whose property has been destroyed an action In damages against the city or county, and such statutes are held constitutional." The heavy Judgment against the county of Allegheny for property destroyed in the Pittsburg riots of 1S77 was under a State law passed nearly fifty years ago. The duty of enforcing the law is far above any pecuniary consideration, and the fact that municipal authorities are not liable fcr the acts of mobs without special legislation to that effect should not make them any the less energetic In suppressing mobs. Yet there Is reason to believe that the consciousness of such liability would, and In States where it exists, does, furnl3h an ad.ied motive to local authorities to do their duty. The Journal would be glad to see such a law enacteu In thl3 State. CAUSES OF TUB COAL STUIKCS. The fall In the price .of coal 13 a natural result of existing conditions, which date back to the election of Mr. Cleveland and his announced policy of free raw materials and a tariff for revenue only. Because of the announcement of that policy the prices of nearly all articles depending upon the use of coal have fallen. Through fear of that policy merchants have been unable to sell goods and the values of stocks have fallen. The same cause has closed 23 per cent, of the factories of the. country and checked productive capacity to that extent. Naturally, much les3 coal Is needed. When this calamity fell upon the country production was In full blast and there was a market for all the coal. That market has fallen off 20 per cent, at least. The falling off has caused sharp competition among coal operators, and lower prices is the result. In Pennsylvania more eager than discreet operators contracted for coal at prices which would compel them to reduce the price of labor, which constitutes 80 per cent, of the cost of the article. Such a reduction was undertaken in Pennsylvania, and out of it came the strike. In Ind'ana there was no reduction of wages, and since the strike began many operators have effered a small advance If the men would return to work, but they have stood ott in sympathy with, the miners in Pennsylvania. If the policy of Congress becomes law the price of coal, the price of labor and the output of coal must shrink. Icss coal will be needed when a large part of our manufacturing goes abroad, less wage3 can be paid In the Exst, where the competition Is hharper between Nova Scotia and English coal brought as ballast, and less men can be employed. Such result follows such cause a natu

rally as a burned hand Is the result of thrusting that member Into a hot fire. There Is complaint about the wages paid miners. It Is a Just complaint. The Republican theory is that a man's wages, if carefully expended for the necessaries of life, should bring him food and shelter and something more, but thl3 theory was rejected iri November, 1S92, and the other theory, which is to buy In the cheapest market In all the world, regardless of anything but a cheap article, was adopted. Doubtless three-fourths cf the men In the strike, and who complain of low and reduced wages, voted for Cleveland and his cheapest market theory. To that, extent they are now the victims of their own action at the polls in November, IS92. The wages of miners should be increased rather than reduced, but how can it be done when there is a decreased demand for coal and lower, prie.?3 consequent upon the bane of overcompetition? If the Republican policy were In force the demand for coal would be increased 20 per cent, over that of today, and a protective duty would keep out British coal, which competes with the product of Pennsylvania and the Virginias. Even if the mine owners should get together and make a basis of prices which, would insure, the wages demanded by the McBride organization, there would not be sufficient demand to employ nil the men

who found employment in mines in 1892. When the fires go out in an American factory because the goods of a European factory have taken the place of those of the home factory a certain number of tons of American coal will have no market. It is a very simple problem, and the wonder is that wage earners will not see it, and also that full protection is the only remedy for the ills of coal miners and other producers in this country. SHANKLIN'S FINAL WITHDRAWAL The Hon. John Gilbert Shanklin has ceased to be an aspirant for the Berlin consul-generalship. "And so you do not call at Smith's any more?" asked one young man of another. "No," was the response of the young man. "How is it?" "Smith intimated that my visits could be dispensed with." "But what did old Smith say?" "The old wretch didn't say so much simply there's your hat and there's the door, as he opened the door, and as I passed out he kicked me to the street. I took,the hint and haven't been there since." It has taken Mr. Shanklin a longer time to take the hint that the Indiana delegation does not intend that he shall "be provided for" by the President and that the President will not recognize him for his services before the convention in 1892. than it did the caller upon the Smiths, but he has finally taken it. Mr. Shanklin's case is a peculiar one. In January, 1892, he jumped into the arena for Mr. Cleveland when the State seemed solid for Gray. He aroused a sentiment so strong that the Gray people dared not risk the issue by open ballot in the State convention choosing delegates. He was Influential in getting a number of Cleveland delegates, which foredoomed the aspirations of Isaac Pusey Gray. Other men. helped, but Shanklin was the bold pioneer and leader. This insured for him the enmity of Voorhees, Turpie, Gray and several Representatives whom a year ago Mr. Shanklin defied and reviled, believing that Mr. Cleveland would recognize his gallant supporter. He had not heard at that time that Mr. Cleveland does not recognize past services when those rendering them are of no further use to him. If Editor Shanklin had been a Van Alen or a potentate in the Sugar Trust the President would have stood by him, but alas! the statesman and orator of the Indiana Pocket is neither, and can be of no further use. But if . Mr. Shanklin has made use of his advantages in Washington, he has collected a lot of material regarding the Sugar and Whisky trusts, the publication of which as a serial will incite the wrath and sulphurous epithet of the Indiana Senators. But if ever a man, by his timely efforts, commended himself to the gratitude of a leader, he is the man. WHOSE ISLAND? Perhaps it is fortunate for the United States governmemt that the Hawaiian steamer won the race to Neckar island and raised the Hawaiian flag over it. It Is not likely that the United States will object to Hawaii taking and retaining possession of the island, which is really of no value except as a submarine cable station, but if the British steamer had got there first and raised the British flag Uncle Sam might have had something to say. In that case he might have set up a claim to the island himself, and proved It, too. It Is a matter of record that on March 10, 1858, one William H. Parker, an American citizen, planted the American flag on this Island, together with two crosses with inscriptions, and took possession in the name of the President of the United States under the authority of an act of Congress of 1856. This act provides that whenever any citizen of the United States discovers a deposit of guano on any island, not within, the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, "such iland may at the discretion of the President be considered as appertaining to the United States." The law requires the discoverer as soon as practicable to notify the State Department of his action, accompanl?d with an affidavit that he took possession of the Island In the name of the United States, and also provides that he shall be protected in his rights. The last section of the law says, "nothing herein contained shall be construed as obliging the United States to retain possession of such Island after the guano shall have been removed from the sune." The records show that Parker took possession of Neckar Island under this law, and that his fcchooner took a cargo of guano to San Francisco. When he returned to the Island In July, 1S53, for a second cargo he found that the flag3 and crosses erected by him had been removed and the Hawaiian flag raised instead. Nevertheless, he tcok away a second cargo of guano and left two men on the island to represent the sovereignty of the United States. As soon as practicable th2 case was referred to Attorney-general Jeremiah S. Black, one of the great lawyers of that

day. and he gave an opinion that tne President had the discretionary power under the act of Congress referrel to to declare that th.- island appertained to the United States. This opinion may be found In the published opinions of the Attorneys-general. Upon the strength of it Parker organized a company which erected a plant on the Island and soon stripped It of guano. After that twenty years passed without the Island being visited by the ship of any nation. In 1S92 a British war vessel passing that way found the island uninhabited and formally annexed it by right of discovery. The United States made no objection, and since then the island has been laid down

In the charts as belonging to Great Britain. Whether she will attempt to enforce her claim as against that of Hawaii remains to be seen. If she does, the United States ought to assert its prior right to the island and make it a ground for enforcing the spirit of the Monroe doctrine. The island Is a bare rock, nearly a mile long, and has no commercial value, but if it would be valuable to Great Britain as an ocean cable station it would be equally so to the United States. If Hawaii continues to hold it it will come into the possession of the United States when Hawaii Is annexed, which will undoubtedly occur within, a few decades. A VERY TIIIX DEVICE. A Washington special to the Journal reads as follows: A favorable report on the bill for a new million-dollar postoffice at Indianapolis will be made to the House shortly, but it is not likely the bill will become a law at this session. A favorable report on a bill that will not become a law this session and stands no chance . In the next is not calculated to enthuse the people of this city. The favorable report of the committee has been made on the assumption that the bill will not be reached during the present Congress. The report has been made with a view td promoting the chances of Mr. Bynum in this district, and for no other purpose. In the canvass Mr. Bynum's friends can point to the fact that such a bill, on the favorable report of the committee, awaits the action of the House, and will afford them ground to assert that, if he shall be re-elected, he will secure its passage. The whole thing Is for campaign purposes.. Its design Is to dupe a few people who may not know about such matters into voting for Mr. Bynum or his residuary legatee as candidate for the House in this district. The great opportunity for Mr. Bynum to get an appropriation for the muchneeded public building in this city was during the last House, after the Republican Senate had voted it. His years of experience In Congress should have enabled him to secure such an appropriation If his experience and acquaintance in the House had given him the advantage it has given many other men. There is no record to show that he thoroughly exerted himself to secure the passage of such a bill. Never did a representative have a better case. Fact3 and figures showed that no city of the size of Indianapolis has such Inadequate public buildings. There is no city In the country where the stamp and weighing office is In. cmc?fl3u)15injrjand the mailing room in another. It was further shown that the government could reduce expenses by erecting a building which would accommodate all the federal officers, including the pension agent. But, with such facts, Mr. Bynum failed to impress the House, and a bill died in the calendar which the Senate had passed. Now a House bill for i the same purpose is so deeply buried by hundreds of measures preceding It that It will not be reached before March 4, 1895. If It should be it' would be lost. Therefore, Mr. Bynum can make ho political capital out of the announcement that a bill to appropriate a million' dollars for-a public building in Indianapolis has been reported. As a device to catch votes it Is too thin. In an article regarding the sentences of the bank wreckers the Sentinel goes out of Its way to make the ifollowing declaration: And In fixing this sentence the Judge begs the treasurer of the Republican State central committee to believe that "this is one of the mon painful acts of my life," and assures him that "I feel as much for you as any stranger com" The Sentinel In the foregoing gives its readers to understand that Mr. Haughey was at the date of the suspension of the Indianapolis National Bank treasurer of the Republican State central committee. This is even more stupid and malicious than its recent He about the headquarters of the present State central committee. If Mr. Haughey was ever5 treasurer of the Republican State central committee It .was many years ago. Consequently this particular slander is as stupid as a newspa per ever invented to cast reflection upon the motives of a Judge and vent its malice upon political opponents. In all the years that Mr. Haughey has been a banker ha has been the treasurer of Odd Fellow and other organizations, and yet that fact cannot be made to cast reflection upon them. If he had been treasurer of the Republican State central committee the fact could not have affected the standing of the organization or the party. But when the Sentinel assumes that he was. treasurer at the time of the suspension of the bank it advertises itself as hopelessly stupid. The Mount Vernon Daily Democrat, "Democratic at all times and under all circumstances," after relating the fact that Senator Voorhees denounced the report that Secretary Carlisle had anything to do with making the sugar schedule, says: It must be very humiliating to the Indiana statesman to read Secretary Carlisle's statement acknowledging the charge as true. No man in public life has during the year occupied a post of honor more lngloriously than the Hoosler statesman. Is not the Mount Vernon Democrat the paper which, a few months ago, placed the name of Daniel W. Voorhees at the head of its editorial columns as its candidate for President in 1S0G? The people of Indiana owe a debt of gratitude to the troops who are now serving in several counties under the call of the Governor. It Is not merely what they have done, though their duty is ty no rr.ean3 light, but the spirit th:y have shown that entitles them to pubi c reject and gratitude. They have shown that they psesa the true spirit of soldiers an! a r:adlnes to respond to the call of duty In any emergency. They have given, an object lesson of loyalty to duty in the fcuppori of Uw I

and order that cannot fall to have a wholesome effect When they return to their re

spective communities they should have a public ovation. An Associated Press dispatch from Wash ington of Feb. 2S gave the substance of an interview" with Senator Voorhees In regard' to the probable treatment of sugar in the tariff bill: "Senator Voorhees said his con stituents might sustain him in voting a duty on sugar because he felt toward Louisiana aa he did toward a neighbor. and the duty would result in revenue, but they would not sustain him in voting to give the Sugar Trust any advantage over the producers." That was before the Wilson bill had been completely metamor phosed. Yet when the final vote came Senator Voorhees voted to give the Sugar Trust all it asked.. The editor of the Rocky Mountain News shows that the trouble at Cripple Creek, Col., is dus to the fact that one-fourth of the owners of mines working nine hours attempted to get the others, working eight hours for the same wages paid for men working nine hours, ' to adopt their hours, and failed. The union men then struck in the nine-hour mines and prevented non union men from working. The owners insisted on employing nine-hour nonunion men, and out of that the trouble has come. The owners of the nine-hour mines attempt ed to obtain deputy sheriffs to protect their men, and have failed. The blunders of Governor Walte are mainly responsible for the present situation. The wages paid by both the eight and nine-hour mines is $3 a day. The testimony now being given before the New York Senate committee relative to. the systematic blackmailing of dis orderly houses by Tammany's police and ward men astonishes those who have suspected the existence of such a practice. It appears that $500 was extorted as an Initiation fee and $30 a month thereafter for ordinary houses, and that these sums were demanded by the police officials and collected by Tammany's ward men. The name of Mr. William Scott goes before the voters of the Second school district to-day at a decided disadvantage, that gentleman being- absent from he city, and therefore unable to look after his own interests. He has made a good record as a commissioner, and his re-election would insure the presence on that board of a capable and ; efficient officer. . isinnLEs ix tiic air. The Cheerful Idiot. "Where have you been?" asked the cheerful idiot ' "Been holding an inquest," replied the cororer. "On the dead?" . The Wild and Woolly Went. Waters Been out West, eh? What sort of country is that, to live in? How are the public amusements? Banks About the same as the private ones are here. In the Nether World. "You seem to be rather happy this morning," remarked Judas. "I am," said Ananias. "I was just thinking how lucky I was to get a chance to make a record before this fierce stress of modern competition had set in." Might lie a Friend of Ills. Uncle Moee What's dis, Mr. Watts, about dat dere Eliza beln 'plnted sheriff down in Sullivan county? Does you know anything about It? Watts The report is correct, I guess. Uncle Mose Does you. know what her odder name was? I knowed a Eliza Johnsing some fo or Ave 'year ago, who was a powerful lady to fight, an I didn't know but dat it might be her. ABOUT PEOPLE AND THINGS. A young .physician of Kensington Kan., named Green Graves, says he will either have to change his name or go Into some other business. Fortune Henry, the father of Emlle Henry, the Anarchist recently guillotined at Paris, was a candidate at the legislative election in 1SCD. In his appeal to the voters he declared that he would propose a bill for the abolition of the death penalty. He was not elected, but In 1871 he was sentenced to death, "in contumaciam," by a. court-martial; and his son Emlle Henry was executed in 1KM. Centenarians are as common as blackberries nowadays, but a woman who has Just celebrated her hundredth birthday at Turin has had some experiences not common even to . centenarians. v Her name Is Countess Alesio, and, when a bride or eighteen, she accompanied (her husband through all the horrors cf the Moscow campaign of 1812. Her biographer naively says: "So little, indeed, did the hardships of war affect her constitution that she Is still able to spend some hours daily practicing on the piano." It 13 expected that Dr. Ed wart TtMship will receive 2,000 guineas ($10,000) for his operation on Mr. Gladstones eie. Moreover, he is almost certain to become the fashionable physician of London, and it lsi not unlikely that he will be made a baronet. Dr. Nettleship is about fiftythree years old, and is a tall, thin man. with long hair and beard. In disposition he is disagreeable. He has long been an authority on diseases cf the eye, and is tlae author cf a standard work on that branch of medical practice. General Agent W. J. Latta, of the Pennsylvania Railroad Company, is said to have one of the richest collections ot Napoleana in the United States at his home in Chestnut Hill. He has the autographs of the great general and all his marshals, the watch that Empress Josephine wore. a lock of her hair, various kinds of jewelry of the Imperial household, many of Xarxweon e war letters and several hun dred other extremely valuable relics. In the reading line he has every life of Na poleon written, and many other books that relate to the Emperor. Stanley Brown, who was private secretary to President Garfield, and who married his only daughter, has resigned an $1,800 clerkship in Wahington to accept a position with the Seal Company on the Pacific coast. It is rarely the case that the daughfter of a President is so utterly lost to signt in tne social world as was the daughter of Mr. Garfield. Mrs. Brown lived in Wahington for two years ob scurely that her presence there was known to only a few personal friends. Her simple tastes and limited means doubtlees com bined to prompt her to a life of comparative seclusion. The "W" on the locust For war is said to stand; This year it stanas for woman. So say the women, and The women know. Kansas City JournaL Very Snd. New York Commercial Advertiser. It is really saddening to be told by one of the exalted Democratic organs which labored diligently to inflict Cleveland upon the country that a consultation was held by the President with Mr. Oates, of Alabama, the other day as to what could be done to help the country out of Its predicament, and that after an hour's steady converse Mr. Cleveland struck the table with his fist and emphatically declared: "I'll be d d If I know- wliat to do!" And what more Is to be expected? A Tliue to Support the Lnvr. Chicago Inter. Ocean. Now is the time to assert the supremacy of the laws of the pMple and of the Republic of the United Spate's of America. By them we live and move and have our bcin. If they are to be defied successful ly by a mob of laborers, or by a combination of capitalists, then government by tie people falls and government by oligarchs follow It is a crisis that confronts us, and a crisis In which firmness and prudice should be exercised, by all in authority.

JENKINS'S DECISIONS

minority nnroiiT of tiic iioisn INVESTIGATION COMMITTEE. Finding of the Majority Severely Crltlclned rinn for the Arbitration of Railway Labor Dlnpatrs. WASHINGTON. June 8. Representative W. A. Ston?, of Pennsylvania, to-day bfaltted a minority report; on the recent In vestigation by a subcommittee of the Hcusi Judiciary committer of the dcclshu of Judge Jenkins. The report is Figned b Representatives Stone, Ray and Powers. After reviewing briefly the hitory of the injunctions issued by Judge Jenkins, the subsequent proceedings under them, and the Institution of congres ionil investiga tion, the report says: "It appears by the te-timony tikea by the subcommittee of the .House judiciary committee that the employe understood the Injunctions to prevent them from leav ing the service of the railroad in any man ner without the consent of the receiver. A motion was made befor? Judge Jenkin? to modify the terms of his orders, and, In an opinion filed, which is published with the testimony in this case, he dlscla"im any Intention by his injunction to prevent any of the tmployes from quitting the service of the company In a 'peaceable, decent or reasonable way. In hia opinion he says: 'None will dispute th? general proposition of the right of every one to choose his employer and to determine the time and conditions of service, or his right to abandon such services peaceably and decently An appeal to the Court of Appeals of that district frotm these Injunctions granted by Judge Jenkins was taken, where the same is now pending with the expecta tion of a decision in the near future. "The committee has reported at some length, taking issue with Judge Jenkins solely upon the law of the case and holding that he committed grave legal errors, and was guilty of an abuse of legal process, and has submitted a resolution for adoption by the House and also recommended a statute prohibiting the enforcement of spe cific performance of labor contracts by legal process. As the minority does not represent tne governing power of the House, it do?s not feel called uron to In dulge in any affirmative proposition rela tive to tne suDject matter or tne report. Its recommendations would have no Dower. and therefore It Is not worth while to make them. The labor question In its relation with railroads is one full of complication. because of the public interest which intervenes. In ordinary coses between employers and employed th public has only a remote interest, but '.iere it has a direct one; not only free pfsage from place to pise? is prevented, but supplies are cut off and business paralyzed. On the one hand.. It Is for nobedy's interest to cripple the railroad owners, for Injury to them. when made systematic and general, would be death to all improvements and a hin drance to other railroad building. On the other hand, men are entitled to a fair wae-e in the settlemsnt of the amount of which they must have a aconable combned voice. It must be still further said that some method of adjustment must be had which will secure public traffic and the business of all the people from being interrupted by the disputes of those immediately interested. It can be seen at a glance that such a question cannot be settied by m?re language or by tils of partisans, but must be settled by the concurrence of both the parties on a common ground. The ta?ls of settlement will be found when the persons Interested have had the Iteneflt of many failures on both sides. We have great hopes that a basis will soon be reached; first, by finding what the law is, and. second, hy agreeing to what It ought to be. We. therefore, must decline to follow the majority into any disquisi tion as to what the law is. That seems to be under control of another branch and already in train to be settled authorita tively. "lmt tne attitude of the majority Is one which ought not to pass without animad version. If. as the committee says, the testimony adduced before us fails to show any corrupt intent on the part of the Judge; if, also, it is altogether possible that he sincerely believes . the orders granted by him were sanctioned by law. then the -question should be left to the appellate tribunal. A federal Judge, In the exercise of his functions, having arrived at a conclusion without any corrupt Intent, a conclusion he sincerely believes In, ought hardly to be harassed by a con gressional committee, since he is quite as likely to be rl?ht on a point of law as tney. individually we may not believe his law was sound, and may not think it will be so' pronounced by the tribunal of appeal, but If he was honest and has given his honest opinion honestly, it would seem as if the correction should come from another source, and that the law should be settled by the proper tribunal prior to legislation. It may be that no legislation is required and the Appellate Court will afford all the relief the country needs. If. on the other hand. Judge Jenkins has been we will not say corrupt, but unduly swayed In the exercise of his functions by improper influences, or has stated law badly; that It Is plain that he has violated his evident duty as a holder of the scales of Justice, as an arbiter between rival Interests, then he should be Impeached. In a word. If he has been corrupt, or ha so wrested tne law or the land that injustice has been done one so evident that It carries with It the proof of evil Intent, then Congress has a plain duty, to perform. But if it be a mere question of law, then the judiciary have the duty to perform, and Congress, by granting a court of appeals, has ended its duty. Of course, when the case is finished, if the final appeal shall demonstrate that the 'law is defective, then remedies should be applied, but we ought to know what the law Is before we act. If It should be finally determined that Judge Jenkins was wrong, then - the law may not need amendment. The committee thinks he was wrong, and yet It purposes to act as If he was right. "So much for the legislation originally proposed. As for the resolution proposed later, we do not see how It could be Justified. Were it demanded that we should vote condemnation of any proposition that involuntary servitude should be established by any Interpretation of law all sensible men would be agreed, and Republicans of all, but to propose that a Judge who, as a minority declare, had no corrupt Intent and who sincerely believes in his conclusions shall, without impeachment, be cer.sured by the legislative branch of the government Is to confound all distinctions between the legislative and the Judicial powers and create a side tribunal of apical, where Justice would be for sale to the suitor who could poll the largest vcte." NEW ARBITRATION SCHEME. rinn for the Settlement of Railway Lnbor Disputes. WASHINGTON, June 8. Since the recent 6trike In the Northwest on the Great Northern railroad, which for several wieeks interrupted the transportation of passengers, freight and malls on the 4.D00 miles of that railroad, Congressman Tawney, of Minnesota, lias given the subject of the settlement of controversies of thai nature by arbitration careful consideration, and to-day introduced a bill looking to that end. It differs very materially from all other bills on that subject introduced In this Congress. It creates no new officers. but utilizes the Circuit Courts In carrying out its provisions. It applies only to controversies between railroad companies doing an interstate business and their em ployes. Under the provisions of this bill when a controversy exists between a company and its employes which Impedes or threatens to impede the transportation of passengers. property or malls, either party, by riling locutions, may secure from the Circuit Court a citation directing the other party to tne controversy to appear and answer. If neither party exercises this right either before or within a reasonable time after a strike occurs it is made the duty of the district attorney of the United State, upon the request of any board of trade, cr of any ten citizens, to bring the parties into court for the settlement of the dispute. Upon the consent of the parties it becomes the duty of the court to hear and dcte'rmlne the controversy la tho fame lnaxiner it would hear and determine any matter properly brought beore It. If the parlies do not consent to the court hearing the controversy a board ot arbitration la to be appointed, to whom the matter Is referred. This board is to consist of Ave pe-rsons, one to be selected by each of the iKirtles and three b' the court. Thoe feleici ty the court shall not be connected with or interested in any railroad com pany either as an officer, stockholder or employe. Objections t.o those elected by the court may be inLrrjosod by either inrty, and u tne court ae:;ns me oujectioa reasonable the person objected to shall not be? chosen. Should either partor

fail or rcfuj-e to sct a rep rental he. it i mode the duty c the ccurt to ana for them. This "rd is then to hear and determine the cuntravcrfy. The tln.e within which Its award mi-; Ikj f.lod is left to tho d!crtaKn of th court. Within three days aft r the aw.ird is f.'.M ?thT party may move to have It vara ted modiflM, but only on the ground of Its having been procured by fraud or corruption, cr upon errors of uw rvatrrl.-dly affecting the rirrhts of Hthe-r party. Vt;cr confirmed the award becerrveo tho decree of the cocirt snd is to bj conclusive. Severe realties are InjvRj for a 'failure or refusal on the part cf the company to comply with the Judgment, provided such refusal cause a Ftrike. But if the company complies with the Judgment so lore os the coniltlcr.s In force when it It rendered remain substantially unchanged, it is declared to be a mis Ienicnnor for two or more of tho crr.plcycs or for cny c.itFiders to combine or cfi.pire for the purrse of cauwlnj? a strike or for th employes to go on F-trike cn account of ar.y matter previously deterrrdrd by the Judgment. This is e.n offense which must b proved by a Jjry trial. In the preparation of the bill Congressman Tawney was assisted by Conprewman Hartman. of Montana, whose citizens were al?o Fcricusly affected by the Grem Northern strike. The Mil was referred to the committee on Judiciary. DO OT SPEAK FOIl L Art OR.

A Protest ARntiist the Kennedy-Cam mtiigs-Rappnport Combination. Labor Signal. Probably but few persnns sarticirvitir.!? In the meeting held at Mansur Hall and addressed by the Happaport-Xennedy-Cum-mings combination iH.lcmg to labor unions, but the action of the meeting in adopting resolutions denouncing Governor Mitthewa will be charged against organized labor of Indianapolis, inasmuch as the earae people who figured so prominently in that meeting were also the main figures In the Cen tral Labor Union mounts. As the official organ of the State Federation of Ialor, and In the name of the officers of said federation, the 1-abor Signal dMres to protest against any such conclusion. It Is chargeable solely to those who. iirst, have been trying to commit organized labor In this city to a partisan politK-nl movement, and, second, to create political campaign capital against the party to which Governor Matthews belongs. There is not an horci. lawabiding citizen in Indiana who may have observed events leading up to the issuing of the Governor's order who does not know that no other recourse was at his command it had simply reached a point where he must act according to the law he was sworn to uphold or violate his oath of office. Every step that the law prescribes had been taken by the officials In counties where trouble prevailed. The Governor publicly expressed bis sj-mpathy with the men in their effort to secure better wages and better conditions. He lived for vears among them and enjoys their confidence and respect. His property pos sessions are largely in the mining region. His warmest personal and political friends are among the mine workers of western Indiana. He went among them since the trouble assumed a serious aspect and con ferred with them, and assured them that as the State's executive he would not Inter pose until compelled to do o by th(ir own acta Could he do more from a humane standpoint? Could he do less as the State s executive without perjuring himelf before God? Organized labor should at last get Its eyes opened to the object of these fellows, and realize that they are only seeking to use the organizations to promote their love of notoriety and further the partisan schemes they have enlisted to carry out. Will the trade unions or irxiianarous ana Indiana fall Into the tra;? Not unless they have become blind end lost their common sense. Enemies of the Laborer. Labor Signal. The events (transpiring in the coal re gions are deplorable. Those miners who are resorting to violence are enemies ot the laboring classes. Should any act of theirs cause a large number of lives to be lost It would mean the restoration of theinfamous conspiracy law, which the writer and others who are not in sympathy with the Central Labor Union gang, worked so hard to have repealed. What is true of Indiana Is true of other States. The strong, centralized government widen would certainly have followel Grart's third term will surely come unless laboring pecple stop such work and adoi. more rational, more intelligent. con fnitutlonal and lawful means of securing redress. Tlie misguided miners in the coal region and the blatant demagogues who are ruining labor oiganlzatlons In Indianapolis are de laying the day of emancipation. COST OF THE FLAG. A Million. Live Have Iteen Lost In Plnclng It In the Front. New York Sun. It has cost Uncle Sam over a million men to place the American flag in the proul position it occupies to-day among the na tions or tne eartn. in tne war or tne revolution 512 seamen of the regular navy were killed in battle, while a considerably larger number were killed la the privateers that played such an Important part in that struggle. Of the 512 seamen killed, 311 per ished when the United States 2S-gun frigate Randolph. Capt. Nicholas Biddle, was blown up by a shot from the British 74gun ship of the line Yarmouth, March 7, 1778. which Biddle had heroically attacked In order that his valuable convoy of seven vessels might escape.' About the fame number of soldiers were killed In the land battles., but this does not Include the 9.500 Americans who died in the British prison ships at Wallabout bay. In all. 12,o men perished In these ships, but about L500 of them were French sailors capjturtd near the American coast. The total number of Americans who lost their lives In the revo lution Is about 12,000. In the wars with France and Tripoli, 179S to ls, about 175 Americans were killed. This does not include the number who died In the French, dungeons at Guadeloupe or in the elave pens of Tripoli, of whom no accurate esti mate can be made. In the war of 1S12, 731 men were killed in sea fights in which the regular government cruisers were engaged. But this does not Include the number lost by shipwreck, the sloop-of-war Wasp foun dering at sea with all hands (183) on board. Neither docs this Include the loss In American privateers, which was nearly equal Jo that sustained by the navy. The number of killed In land battles was about 'J), o that the total loss In the war of 1M2 is alxjut 2.000 men. In the war with Algiers, 1815, Mexico, 1M6-1S4S, and in the minor con flicts between lslo and 18G0 about 1.0u0 men were killed in battle. But the greatest losses, of course, were in the civli war, wnere brother was ar rayed against brother. Probably not more than l.&y0,uoo men of the North effectively participated in suppressing the rebellion, of these. 66,000 were killed m bt.ttle and C5.0 died ot wounds In hrpltals while 1M,VJ died from diseases contracted in the army. Of the 190.000 colored men enlisted. Zf.'Zii died from disease. No acctrate estimate of the losses sustained by the Southerners has been made, but it is probable that they were fully equal to those sustained by the Northerners, bringing the total to about CIO. 000. Adding to this number the 4J0.0u0 who were permanently disabled by disease or crippled by wounds, we have the appall ing aggregate or a minion men lost In that strife. Of the 230.000 confederates who were made prisoners during the war. 2G.4::c died of wounds or disease during their captivity. Of Ka IVInnt.tc n V -.. r, t f l . k ... . i prisoners, of whom about 40,C d!ed in prison. From these figures It will be seen that Memorial day is in honor cf over a million mien who have given up their lives or limbs in defense of tne flag. UEV. MYllOX w. iu:ci). Ills Ileslgnatlou Xot a Surprise 3Iay Go to California. Kansas City Star. The resignation of the Rev. Myron Rted a3 pastor of the First Congregational cnurva at Denver is not wholly In the nature cf a surprise. It has been known for socne years that he was at odds with his congregation on (the great social questions which are now cruraginc so much, serious thought and attention. The church which he has bven serving is made up largely of rich men. It embraces In- its membership a liberal quota of millionaires, who were always regarded by Mr. Revd as serious hlnrlrances to the ppiritual advancement cf Hhe church. His avorvd sympathy with the Coxeyltes and the er14ple Creek striken Lr.ally brought m.-i iters to e crisis and the rvult l a dissolution of the pa?toral relations. A good many pecple who have no Fymrathy whatever with Mr. Revd's bocUllMio idt-as will readily yield to him the credit for entire sincerity and conscious rectitude In the views which Le entertains. He has always enforced hi opinions n-jrurdlng what he considers the unjust lnriuaUtSo Mwu the rich and th? ioor by atuiidinr philanthropy anil c.pn-handod ehairty. Whatever objections miy be urjrt-1 a;:ain4t bin thecTie- hi practice conform to s brond plan of Christian benevolence. He deserves muci sympathy beviune of h: shattered health, lis is a Hck roan ant is cnfo-Ued to a degree, which will mnkr a chanr. of locntlon all the more f an undertaking, lie loves ihf Missouri vallfv more thr.n r.nv cher place on oarth nnd derm It the llnl climate cm the American continent. But ht? ha had in mini for s-ome llm the thot-.ht of fl:;lh!ng h mlri-'.stf-ri-il caret-r cn the Pacific vit, aiI l i likely that he will go trom Denver to California.