Indianapolis Journal, Indianapolis, Marion County, 25 May 1897 — Page 1

ESTABLISHED 1828.

Day of 'the Smoke Sale Men's $16.50 and $lB SPRING SUITS $f 0.50! YZ These Suits were in the stockroom at the time of the fire, and were smoked. We have just found a place for them on the tables, and have them ready for selling to-day. They are the newest Spring styles —satin-lined coats, correctly tailored throughout. All the little ideas necessary to completeness are embodied. “Trifles make perfection, but perfection is no trifle.” Among the weaves and patterns are the famous Blarney Mills and Bannockburn Cheviots, Scotch Mixtures and all the odd flecks and touches of color that go to make a “swell” Suit this spring. €><§>•s><§• <B'<s > '3 >< s >< s> < Sxs' <s*s> Youths’ sls Suits... Clever Suits of Bannockburn Cheviot, with satin-lined coats —youths’ sizes only. On sale to-day at The When

Big Route Excursion Cincinnati AND RETURN SUNDAY, IHAY 30,1807 $1 FOR TRE ROUND TRIP j Special trains leave Indianapolis7:3o a.m. Returning, leave Cincinnati 7 p. m. Call at Big Four offices, No. 1 East Washington street and Union Station. H. M. BRONSON, A. G. P. A. Cincinnati Trains C., H. & D. R’y. Leave.lndianapolis: Arrive Cincinnati: “ 3:40 a.m. “ 7:30 a.m. •* 7:55 a. ra. “ 11:20 a.m. “ *10:45 a. m. *' *2:25 p. in. N•• 2:45 p.m. " 6:00 p.m. ** 4:45 p. m. " 7:45 p. m. ** 7:05 p. m. “ 10:50 p. m. DAYTON TRAINS, C.. H. A D. RY. Lea ve Indianapolis: Arrive Dayton: •• 8:40 a. ra. “ 7:40 a.m. “ *10:45 a. m. “ *2:25 p. m. •* 2:45 p.m. “ 6.20 p.m. “ 4:45 p.m. •• 7:55 p. ra. ** 7:05 p.m. •* 11:00 p.m. TOLEDO AND DETROIT TRAINS, C., H. A D. RY. Leave Arrive Arrive Indianapolis: Toledo: Detroit: *10:45 a.m. *6:40 p.m. *8:40 p.m. 7 05 p.m. 4:00 a.m. 6:15 a.m. •Except Sunday. Ticket Office?!, Union Station and No. 2 West Washington street, corner Meridian. Tlie Poimittr MOINOIN ROUTE !r.‘. u ro W “CHICAGOi‘“2/; o -145 HOURS FOUR DAILY TRAINS Leave Indianapolis—7:oo a. m.. 11:50 a. m., 5:25 p. n., 12:55 nig tit. Train* Arrive Inaianapotl*—3.3o a. in., 7:45 a m.. 2:25 p. m„ 4:37 p. m. Local sleeper tn Indianapolis ready at 8:20 p. m. Leaves Chi .ago. returnlt g. at 2:45 a. m. Cun be tsken any time alter J:3o p. m. Ticket offices. 2 Weil Washington street. Union Station and Masaa-huserts-avenue Depot. GEO. W. HAYLER D. P. A. Merdered and I'lne-i-il on the Trnek. CHATTANOOGA, Tenn., May 24. Southern Railway train No. 12, en route from Chatanoogra to Knoxville, ran over and horribly mutilated the bodies of two men near Mount Creek, Tenn., this morning. Judging from all appearances it is believed tluit the men wvre murdered and thei*' bodies placed on the track to ward off suspicion from the murderers. One of She ipen Henry Preston, a resident if Athens,Tenn., the other an unknown ntgh.

THE INDIANAPOLIS JOURNAL.

FIXE STOCK Is bringing our . . . MEAT DEPARTMENT To the front. Our first consideration shall always be . . . quality Coupled with prices to induce you to return. J. T. Power St Son 44 North Pennsylvania Street Opposite Postoffice. To Cure a Headache in Halt au Hour, Take GLOBE HEADACHE CAPSULES 25-Cent Bottles, at Druggists. SURGICAL I.NSTRUIIESTS. Deformity Apparatus, Trusses, Elastic Hosiery. Largest stock of Artificial Eves in the State. Invalid Chairs of all kinds ’and accessories for tiie sick room. Trusses made and properly adjusted. Store open every Saturday WM. H. ARMSTRONG <fc CC. 77 South Illinois Street, Indianapolis. Ind. NOW A DIVORCEE.™ Mr#, I.a lira Crocker Acklun Granted u Decree by the Delaware Legislature. DOVER, Del., May 24.—The House of Representatives this afternoon by a vote of eight to six passed the bill divorcing Mrs. Laura Crocker Allen from her husband, Wm. H. Acklan, of Washington. The bill recently passed the Senate. The divorcee Is a daughter of ex-Judge Crocker, the Cleveland millionaire. She was married to Mr. Acklan last June and after the marriage accompanied her husband to Europe. Soon afterwards they separated and in March of this year Mrs. Acklan came to Delaware with the avowed intention of taking residence here in order to apply for a divorce. It was not long before the application was made and out of it grew many sensational charges against the members of the Legislature in their failure to pass the resolution. It was charged that it could have been passed had those interested put up sufficient money. Mrs. Acklan appeared before the committee and said it was her intention to make Wilmington her permanent home. She testified that while in Lurope her husband treated her with cruelty and brutality, at one time throwing her over a chair. She further said that owing to the publicity given the case she could not possibly return to Cleveland or Washington to face former friends. Prendergaat'* Kail Bond Forfeited. CINCINNATI, May 24.-Dr. J. W. Prendergast, former health officer, recently indicted for attempted blackmail, failed to appear when his case was called for trial to-day and his bond of SI,OOO was declured forfeited. His counsel said he had seen the doctor yesterday and had arranged to call at his house for him to-day. Wiien he did so Mrs. Prendergast told him her husband was gone, and she did not know where. A capais was issued for his arrest. Later in the day a letter was received by his attorney stating his innocence of the charge, but saying that as in the present state of public sentiment the conviction of an innocent man was next to a certainty, h<* had thought it wise to go West until a calmer view of the situation could be had. MeLnurln to Be Made Senutor. MEMPHIS. Tenn.. May 24—A special to the Commercial-Appeal trom its correspondent at Columbia, S. C.. says: ••Governor Ellerbee at 11 o’clock to-night assured me that, in the interest of all factions, he will on Thursday appoint Congressman John L. McLaurin United States senator in succession to the late Senator Earle/

INDIANAPOLIS, TUESDAY MORNING, MAY 25, 1897.

HARMONIOUS CAUCUS . REPIBL.IC'AN SENATORS AGREED ON A TARIFF PROGRAMME. All Are Anxious to Avoid Delay and None "Will Oppose Hushing the Bill to the Voting Stage. SUGAR MAY CAUSE TROUBLE ■■■ ♦ BIT DIFFERENCES WILL PROBABLY BE ADJUSTED IN CAUCUS. Lager Beer Brewers Not Likely to Gain Their End by Threats of Political Vengeance. Special to tl.e Indianapolis Journal. WASHINGTON, May 24.—Harmony was the song everybody sang this afternoon at the Republican senatorial caucus and the programme, as outlined in last night’s dispatch to the Journal, was informally agreed to. There was no dissent to the chorus, no discordant notes, no gnarly, knobby incidents, no symptoms of rebellion or revolt. The universal desire expressed was to get together and rush the tariff bill through without waste of time. Whatever there may he of differences between Republicans over points in the bill will be heard by the finance committee, which will hold nightly sessions for the purpose, and if matters cannot be settled there, an appeal to caucus can be had. Mr. Aldrich made some general remarks and incidentally gave the caucus an exposition of the beauties of the sugar schedule as reported by the finance committee. Upon that one proposition the caucus scheme is likely to fail, for the reason that while the committee may get a majority to back up its report, there are enough hopeless irreconcilable* to defeat the schedule in the Senate. Senator Fairbanks made an effective speech for party harmony and for a continuance of the sDirit of concession and conciliation in the long and important debate before them. The Republicans in the Senate are becoming decidedly restive under the threats of the brewers and their agencies, and say they will treat the beer makers as they propose to treat the Sugar Trust—ignore their plans and bear down on them all the harder for employing offensive bulldozing methods. The brewers are invoking the “terror of the terrors”—the awful "Ger-man-American vote”—and threaten to beat any party with it which dares to assume the responsibility of taxing the "poor man’s beverage.” It is proposed by some of the most fearless among the Republicans to make short work of the pretense of the brewers that they control the GermanAmerican vote or that the German-Ameri-cans are as a class interested in terrifying Congress into exempting the brewing interest from its fair proportion of the burden of taxation. It will be demonstrated that there is no shadow of foundation for the brewing claim of an association of sympathy between the German-America ns and the beer makers on the question of taxation, and that no party need have the slightest fear of the avenging blows of this great foreign-born class on account of a vote to put a tax on beer. It will be shown that, relatively, beer pays a ridiculously light tax as compared with whisky, and that justice demands a readjustment. The rough estimate has been made, and is now undergoing verification, that while whisky, with a capital of $50,000,000 employed in its production, pays $80,000,000 a year towards the revenues of the government, breweries, with an aggregate uTotalization of approximately $550,000,000, escapes with $33,000,000. The danger the brewers are incurring by threatening Congress with the bogy of German-American vengeance is that the additional tax proposed will be made a permanent instead of a temporary provision in the bill. Senator Aldrich is not alone*in his prediction that the internal revenue features of the Senate measure will go through both branches of Congress and become a law. There is going to be a pretty fight, however, over the beer tax in the Senate, led by Senator Vest, representing the St. Louis brewers and their business associates in the great beer-producing centers. The Republicans propose to call attention also to the alleged fact that a large proportion of the brewing capitalization in this country is held, not by Germans, as claimed, but by English and Americans, who control the many powerful Anglo-American brewing syndicates with an aggregate capital of hundreds of millions.

CAUCUS PROCEEDINGS. Wide Divergence of Opinion Regarding Some of the Rates. WASHINGTON, May 24.—The Republican caucus to-day emphasized the fact that there is wide divergence of opinion among the Republican senators on rates of duty fixed in the various schedules of the tariff bill. The senators were in caucus nearly, four hours. The only official announcement that was made after the caucus adjourned was that it was decided to appoint three senators in addition to the Republican members of the finance committee to act as a committee to assist in getting the tariff bill through the Senate. It was generally stated, however, that an agreement had been reached that there should be no set speeches on the bill from the Republican side, except that of Senator Aldrich, which is to be delivered to-morrow. A resolution or memorandum offered by Senator uurrows was agreed to by those present which sets forth that the sense of those present, there not being a full attendance of the caucus, was that Republican senators having amendments to offer should present them to the Republican members of the finance committee, and if the amendments are approved by the committee they are to be offered in the Senate. If disapproved the senators presenting them are to have the right to submit them to the Republican caucus, which is to be called upon each schedule if amendments to it are proposed. The finance committee Is to hold sessions each evening for the purpose of hearing propositions from Republican senators and to decide upon the advisability of presenting such amendments in the Senate. The object of this proposition is to prevent the Republicans from dividing on various schedules which might be presented. The necessity of this arrangement was developed by the debate and the various contentions of senators.In the early part of the caucus Senator Aldrich was Called on for an explanation of the bill and some of the amendments During the remarks Senator Culiom called for a statement on the sugar schedule, over which there had been so much controversy. The explanation presented was largely technical, but the senators who heard him understood that the House schedule would largely exclude the coarse and low grade from Java, the Philippine islands and other points. The protection in the Senate hill was 75 per cent, and equalized the high protection on low grades and high grades. The effect of the House schedule would be to %.but out the lower and cheaper grades of

sugar, the system of compound duties presented by the Semite bill being for the purpose of making this equality. The avenge rate in the Senate bill was 75 per cent., with a differential of % of a cent on refined sugar. Senator Aldrich said that this was not as advantageous to the sugar refiners as the House bill. The explanation seemed to cause general satisfaction, at least no one questioned the senator further. There was some discussion upon the length of time the bill should be under discussion in the Senate. Senator Mason suggested that as soon as the opening speeches were made, a move should be taken towards having a vote on the bill in two weeks. It was decided to ask that after the debate had run along for a week that the Senate begin its sessions at 11 o’clock and sit until 5:30 and have evening sessions from 8 to 11 p. m. Debate on the various schedules consumed the time of the caucus. A great deal of opposition was developed to the increased tax on beer and duty on tea. Senators Platt, of New York; Hanna, of Ohio, and Spooner, of Wisconsin, were especially vigorous in their opposition to the increased tax on beer. It was pointed out that the Democrats had already stated their opposition to this tax and would make an effort to have the Senate committee amendment eliminated. They thought it would be wise to have an arrangement effected which would relieve Republican senators of embarrassment. It was determined that effort should be made to secure the revenue both from beer and tea by a stamp tax which would accomplish the same result. Western senators referred to the wool schedules. Mr. Warren, of Wyoming, appearing as the spokesman for the wool growers of the West, said that the duties proposed by the committee were, in his judgment, inadequate and he thought there should be increases on the lines of amendments proposed by Western senators. Senator Lodge, of Massachusetts, spoke against the duty on hides, saying he did not see how he could avoid voting for an amendment which proposed placing hides on the free list. This statement raised a storm among Western men, who said that if such a method was proposed they would be compelled to vote for placing certain articles on the free list or for reducing the duty upon them. They did not expect that the Democrats would vote with them to Increase duties. The Westerners announced that to settle with the Eastern men who voted to reduce duties on their products they would vote to reduce the duty on articles which their people purchased and did not produce. It was this state of affairs that brought forth the proposition of Senator Burrows to submit proposed changes to the Republican members of the finance committee and then to the caucus. There was no talk of bolting and no senator said he would vote against the bill as a whole. It was on the matter of schedules that they disagreed. The question of abrogating the Hawaiian treaty caused a lively debate. Senator Aidrich stated that the commttoe intended to bring in an amendment to this portion of the bill. Senator Frye opposed the abrogation in the strongest possible terms, while Senator Nelson, of Minnesota, made a vigorous speech in support of the committee amendment, declaring that the revenus which would be raised from the duty on Hawaiian sugar would be greater than that which the committee expected to get from tea. He declared the admission of Hawaiian sugar free was iu the interest of the sugar refiners and consumers received no benefit from it. RELIEF FOR AMERICANS * SPANIARDS AVILL AID IN FEEDING THE HUNGRY IN CUBA. Duty on Necessary Supplies May Be Remitted—Resolution Signed by the President. * ' . WASHINGTON, May 24.—The President, on the suggestion of Secretary Alger, is considering the plan of assigning an officer from the commissary department of the regular army to take charge of the assembling of relief supplies for Americans in Cuba. This department Is trained in the handling of supplies, and has advantages in contracting for large quantities of necessaries. Through the good offices of the Spanish government, it is probable that, in the event it is decided to send food supplies to Cuba, in addition, to the remittances of money, our government will be able to send much more than would be the case if duty were exacted on the intimation has been given that such supplies will be admitted duty free. The importance of this remission can be perceived when it is realized that the duty on flour is $4.50 per barrel, or about its original cost. In other words, the $50,000 appropriated will be practically doubled in value by the saving of tariff deductions. It was said this afternoon that the President tomorrow would begin to plan the details of the administration, so the subject doubtless will come before the full Cabinet at its regular meeting. The resolution appropriating $50,000 for the relief of distressed American citizens in Cuba reached the White House at half past 12 o’clock t >-day. just as soon as it could be sent up v-fter being signed in both houses, while they were in open session. The President signed the resolution immed Representative McMillin, of Tennessee, to-dav introduced in the House a resolution providing for the consideration of the Senate resolution recognizing the belligerency of the Cuban insurgents "from day to day until disposed of.” The resolution was referred to the committee on rules, but it is not likely that the committee, will consider it The ‘majority leaders will decide for themselves when it is proper to act on the resolution.

JAKE GAUDAUR PUSHED. Forced to Scull His Best to Defeat Erustus Rogers. ORILLIA, Ont., May 24.—1n the presence of fully ten thousand people Erastus Rogers proved to-day that he Is a very fast sculler at two miles, as he came within a length and a half of defeating Jake Gaudaur. The race was for the championship of America, the Fox challenge cup, SSOO a side and a purse presented by Orillia. Lake Couchiehing was alive with craft. A stiff northwest wind prevailed and made the water very lumpy. The two men got away on very even terms, the champion splashing a little for the first few strokes. Both stroked very slowly on account of the unfavorable wind and weather. Both steered inshore, Rogers having the shore pcsltion. Half a mile trom the start Uaudaur cleared from Rogers and crossed his bow to get close to the shore. He continued to forge away, and at the turn, a mile away, was about four lengths in advance. Rogers, however, had steered a better course, and the champion lost nearly all of his advantage in going out to his buoy. The return home was a fine struggle. Both rr e n were very tired, and Gaudaur said after the race that he suffered greatly from crumps in the forearms caused by handling his oars in the rough water. Rogers pulled a very plucky race, but was unable to pass the champion, who won by a length and a half. Gaudaur said he never rewed a harder race in his life, but he v as satisfied he could beat Rogers easily in smooth water. EVIDENCE AGAINST LUETGERT. Tlit* Sausage Maker’* Night Watchman Tell* a Story. CHICAGO, May 24.—While lying under a bed in the home of Frank Bialk, the former night watchman at the Luetgert factory, one of Captain Schuettler’s detectives is said to have listened to a conversation between the accused w ife murderer and the watchman The admissions made by Luetgert on this occasion are said to have caused the immediate arrest of the man, and the story of what passed between the sausage maker and his employe will lie told to-morrow in Justice Kersten’s court. Other portions of Bialk's testimony will be nearly as interesting. He will swear that Lueigt rt ordered him to remain away from the vatroom on the night of May i; that twice during the night he sent him out for a bottle of medicine. Upon his return with these articles Luetgert each time opened the barred doors, reached through the opening, took the bottle and hastily closed and barred the door.

BATCH OF DECISIONS RENDERED BY THE UNITED STATES SUPREME COl RT YESTERDAY. * Several Are of Great Importance to Railway*. Shipper*. Banker* nntl Owners of Western Lands. RIGHT TO ESTABLISH RATES NOT VESTED IN THE INTEHSTATECOMMERCE COMMISSION. It Cannot Fix Either n Maximum or Minininm Tariff'—Killing as to Tenure of Office. WASHINGTON, May 24.—After rendering final decisions in thirty-six cases and giving attention to other business incident to the last sitting of the term, the United States Supreme Court, adjourned to-day until next October. When the court crier announced the final adjournment for the term there were apparently 380 cases on the docket undisposed of, but there were actually 359 cases, twenty-one having been already argued and submitted. This is a smaller number than the records of the court have shown for thirty years. At the conclusion of the term ending a year ago there were 533 cases undisposed of, and since then 284 have been added, making a total of 817 contained in the docket for the year. Os this number 437 have been finally dsposed of and the principal labor done in twenty-one others. Included in the twentyone cases which have been argued, but in which no opinions have been rendered, are several of considerable importance. Among them are the Nebraska maximum freightrate case; the controversy between the Hayden power brake and the Westinghouse air brake companies as to the validity of the latter's invention; the Alabama Midland case, Involving the validity of the iong-and-short-haul clause of the interstatecommerce act; the Southern Pacific land case and two or three important private land-grant cases. •

IMPORTANT DECISIONS. Finding* of tlie Court in Interstate Commerce ami Other Cases. WASHINGTON, May 51.—The United States Supieme Court decided two cases today, holding that the United States Inter-state-commerce Commission has no power to prescribe rates on railroads which may control in the future. The cases were those of the Commission vs. The Cincinnati, New Orleans & Texas Railroad Company and the Florida & Western Company. In the former various railroads were concerned and the case was originally instituted by the freight bureaus of Chicago and the Cincinnati Chamber of Commerce. The question involved was whether Congress intended to confer upon the Interstate-com-merce Commission power to tix rates. The opinion was rendered by Justice Brewer. The gist of the opinion is found in the following paragraph: “Under the interstatecommerce act the commission has no power to prescribe tne tariff of rates which shall control in the future, and, therefore, cannot invoke a judgment in mandamus from the courts to enforce any such tariff by it prescribed.’' Continuing, Justice Brewer asked: ‘ Has the commission no*functions to perform in respect to matter of rates?’’ Replying to his own question he said: “Unquestionably it has, and most important duties in respect to this matter. It is charged with the general duty of inquiring as to the management of the business of railroad companies and has the right to compel full and complete information as to the manner in which such companies are transacting their business. And with this information it is charged with the duty of seeing that there is no violation of the long-and-short-haul clause; that there is no discrimination between individual shippers and that nothing is done by rebate or otherwise to give preference to one against another; that no undue preference is given to one place against another, but that in all things that equality of right which is the great purpose of interstate commerce shall be secured to shippers. “It is not to be supposed that Congress would ever authorize an administrative body to establish rates without inquiry and examination; to weave, as it were, out of its own conscoiusness the satisfactory solution of the ditticuu problem of just and reasonable rates for all the various roads in the country. And if it had intended to grant the power to establish rates it would have said so in unmistakable terms. In this connection it must be borne in mind that that commission is not limited in its inquiry and action to cases in which a formal complaint has been made, but that under Section 13 it may institute inquiry on its own motion in the same manner and to the same effect as though complaint had been made.” Attention is also called to the fact that the law grants no power even to fix a maximum or a minimum rate, and the conclusion is drawn “that as Congress did not give the express power to the commission, it did not intend to secure the same result indirectly by empowering that tribunal to determine what in reference to the past was reasonable and just, whether as maximum, minimum or absolute and then enable it to obtain from the courts a peremptory order that in the future the railroad companies should follow the rates thus determined to have been in the past reasonable and just.” The opinion was rendered on questions certified by the United States Circuit Court of appeals for the Sixth circuit. There was no prepared opinion in the Florida case, the conclusions being the same as in the above. Justice Harlan dissented in both cases. * * * A.n important decision interpreting the interstate-commerce law r was made in the case of C. S. Wright vs. the United States, from the District Court for the Western district of Pennsylvania. The case grew out of competition between the Panhandle and the Baltimore & Ohio roads for the beer carrying business of P. H. Bruening, a wholesale beer dealer of Pittsburg. The rates charged by both roads for beer w f as la cents per hundred between Cincinnati and Pittsburg. The Panhandle road had a sidetrack at Bruening’s place of business, so that it could unload shipments into his premises, while it cost him 3Vi cents per hundred to haul the goods from the Baltimore & Ohio station. To secure the business the Baltimore & Ohio made an arrangement to deliver the goods to Bruening’s warehouse and afterward Bruening offered to do the hauling himself for cents per hundred, paying the railroad 15 cents per hundred for freight and presenting a monthly bill for 3 1 -„ cents a hundred w eight to the railroad company, which was paid. Henry Wolfe, another dealer, paid the same freight rates and also paid for his hauling, the distance being nearly as great as Mr. Bruening’s goods were hauled. Complaint was made that the arrangement was in violation of Section 2 of the interstatecommerce act prohibiting rebates, drawbacks etc., and first the Circuit Court and to-day the Supreme Court sustained thts contention. It was contended by the railroad company that it was necessary to offer the inducement to Mr. Bruening to get his business, but not to Mr. Wolf, because he would have to do carting wHlehevcr line he patronized, but the court did not sustain this contention. The law. said Justice Brewer, was designed to compel every carrier to give equal rights to all shippers over its road and to forbid it by any device to enforce higher charges against one than another. It was contended also that th section was not intended to prohibit a carrier from rendering more service to one shipper than another for the same charge, hut that for the same service the charge should be equal, but the court holds that the practical effect in this case was to

T>l> rrT? ‘2 r>X?\TTC at railway nkws stands, ny 1 jUtD O IliA 10. TRAINS AND SUNDAYS 5 CENTS

charge one man 15 cents and another llVi for the same service and that there was a discrimination. * * * Another case involving the interstatecommerce law was that of E. M. Parsons, plaintiff in error, vs. the Chicago & NorthWestern Railway, in which Parsons, an lowa shipper, sued for $1,550 on account of alleged discriminations in freights of corn and oats between lowa and Nebraska points to the Eastern seaboard. The company in 1887 charged 21 cents per hundred pounds from lowa to Chicago and 11 cents from Nebraska to Chicago on goods bound for New Y'ork. Boston. Philadelphia or Baltimore, and Parsons, claiming that the value of corn and oats at Chicago was the seaboard price, less the freights, attempted to recover 10 cents per hundred pounds on 241,710 pounds. The court, in the judgment given by Justi?o Brewer, sustains the Circuit Court of Appeals, which decided in favor of the railroad company. Justice Brewer said that there was no averment that the rates were unerasonable that Parsons is not seeking to recover money inequitably taken from him, but on account of the wrongful conduct of the company. "Before a shipper can recover under the interstate-commerce act he must show not only the wrong done by. the carrier, but that it operated to his injury,” says the court. "If he had shipped to New \ r ork and been charged local rates he might have recovered any excess thereon over through rates. He did not ship to New York, and yet seeks to recover the extra sum he might have been charged if he bad shipped. Penalties are not recoverable on mere possibilities.” * * * In the case of the interstate-commerce Commission vs. the Detroit, Grand Haven & Milwaukee Railway Company, appealed from the Circuit Court of Appeals for the Sixth district by the commission, the decree of the court below was affirmed. Opinion by Justice Shiras. The case was based on a petition of Stone & Carten, retail merchants of lonia, Mich., alleging violations of Sections 2,3 and 4 of the interstatecommerce act. The Interstate-commerce Commission sustained the position, but the courts did not. The charge was that the railroad company furnished cartage free to the merchants of Grand Rapids and did not to the lonian merchants. The court held that "the fourth section of the act has in view only the transportation of passengers and property by rail, and that when the passengers and property reached and were discharged from the cars at the conpany’s station at Grand Rapids for the same charges as those received for similar service at lonia the duties cast upon the company were fulfilled." Justice Shiras said that it was competent for the commission to direct by a general order that railroad companies should thereafter regard cartage, when furnished free, as one of the terminal charges and Include it as such In their schedules. * * * Justice Peckham handed down the opinion of the court in the case of L. E. Parsons, late district attorney for the northern district of Alabama, appealed from the Court of Claims. The decision was adverse to Parsons's claim that he was entitled, under Section 769 of the Revised Statutes, to hold his office for four years, notwithstanding the President's order of removal. Justice Peckham said that while the appointment was for four years, it might be terminated earlier at the discretion of the President. The judgment of the Court of Claims was affirmed. The determination of this case has been looked forward to with interest because of its possible effect on the removal of office holders incident to the change of administration. Parsons was removed from the office of United States district attorney in Alabama in 1893, having been appointed in 1890. He wrote a letter to the President, refusing to surrender the place on the ground that, as he had been appointed for a term of four years, the President had no right to remove him before the expiration of that time. He has fought the case through the various federal courts on this theory, losing in the lower courts, as he did to-day in the Supreme Court. Parsons has, however, not been in possession of the office during the contest. On the day that he was removed Emil O’Neil was appointed to succeed him and to him Parsons surrendered the office after an order was issued to him by the Circuit Court to do so. He prosecuted the case on another basis from that time.

The questions whether the statutes relating to national banks prohibiting them from purchasing or subscribing to the stock of another corporation and whether the want of authority can be urged by the bank to defeat an attempt to enforce against it the liability of a stockholder were passed on by the court in the case of the California National Bank, plaintiff in error, vs. Nat Kennedy. It was held that the California National Bank of San Diego held 990 shares of stock of the California Savings Bank, the former having suspended on Nov. 12, 1891, and the latter Dec. 29, 1891. The Superior Court of San Diego county held that the National Bank was responsible to the creditors of the Savings Bank to the amount of $18,507, the former making the defense indicated above. The court holds that a national bank has no right to deal in stocks, although it may accept them as securities, and that it may plead its want of power as defense in a case like the one in question. The transaction in the stock of the Savings Bank is held to have been void, and the judgment of the Supreme Court of California against the National Bank is reversed. * * * Several important cases were decided in the United States Supreme Court to-day on appeal from the Court of Private Land Claims. One of these, in which the opinion was rendered by Chief Justice Fuller, involved the title to the San Miguel del Bado land grant, including 315,000 acres of land in New Mexico. Two cases were included in one decision, one of these being an appeal by the United States -against Julian Sandoval and the other an appeal by Hon. Levi P. Morton against the United States. The original petition was filed in the case by Sandoval and subsequently another was introduced by Morton, who asked for confirmation as successor to one Lorenzo. Both claim that Marquez took the title to the entire grant, as the other fifty-one were not named in the grant. The Court of Private Land Claims held that under the act of partition of 1803 the grantees were rendered certain, and dismissed the petitions of Morton, confirming the grant in the name of Marquez and all other persons who might have settled on the land prior to 1848. The contention on the part of the L T nited States was that the courts had no power to confirm lands not allotted prior to the date of the treaty because under the laws of Spain and Mexico all such lands remained in the government and passed to the United States. The Supreme Court held that at the date of the treaty of Guadalue Hidalgo neither the settlers nor the town on the grant could have demanded the legal title to such lands of the former government and that the Court of Private Land Claims was not empowered to pass the title to either, remarking that It was for the political department to deal with the equitable rights involved. The decree in the Morton ease was therefore affirmed, while that in the Sandoval ease was reve’sed. * * * The court, in an opinion by Justice Brown, reversed the opinion of the Court of Private Land Claims in the case of Joel Parker Whitney against the United States, involving the title to the Canada Deeochita, in Bernallillo county, in New Mexico, containing 100,000 acres. The difficulty in dealing with the case was found in the fact that there was doubt as to the location of the north and west boundaries. The court decided that the holding of the court below as to the northern boundary line was correct, but that the western boundary was not. It was on this account that the ease was reversed. The reversal was on a comi>aratively unimportant point and the 1,500-acre tract is materially reduced by the decision. * * * The court to-day affirmed the decision of the Court of Private Land Claims in the case of the Charaa Spanish land grant, involving the title to 172,763 acres in Rio Arba county, New Mexico. The decision of the Court of Private Land Claims was favorable to the contention of the government, and the opinion is sustained. * * * The court refused to reverse the decision of the United States Circuit Court of Appeals for the Eighth circuit in the case of Daniel H. Camtteld against the United States. Camfield and one William Drury were charged with inclosing with a fence 20,000 acres of the public domain in Colorado. Tb*-y were ordered to remove the fence, but contested the order. It appears that they bad pure has -d odd sections of the land inclosed from the Union Pacific Railroad Company, and in inclosing their land had practically fenced the government land as well. The decisions of the courts below were against the claims, but Justice Brown held them valid. * * * The case of Blythe against Hinckley, involving the estate of the iate millionaire on Second I'uge.) "

WRANGLE AT WINONA ANOTHER STORMY SESSION OF THE PRESBYTERIAN ASSEMBLY. The New York Building; Again the Cause of Heated Passages Between Several Commissioner*. ♦ STRIFE DEPLORED BY MANY MODERATOR JACKSON SEEMINGLY UNABLE TO PRESERVE ORDER. Reports of Three Hoards Submitted-* Queen Victoria Congratulated—yisitors> at the Park. Special to the Indianapolis Journal. WINONA PARK, Eagle Bake, Tnd., May 24. The Presbyterian General Assembly now in session here has collectively and individually lost its head. The moderator himself, if indeed a difference of degree exists where nearly all are so stirred up, ts a. little more cleanly decapitated, figuratively speaking, than the commissioners under his moderation. Asa missionary he has been a glittering success, but as a moderator he is finding his limitations. Remarks of a personal character are hurled back and forth about the auditorium, and the chairman seems utterly unable to stop the war of words. The trouble to-day was again over the report of the committee on the Presbyterian building in New York, which came up as a special order at 1 o’clock th>s afternoon. The time for debate was lengthened half an hour, but, after ninety minutes of warm discussion and a perfect deluge or oratory, the case is no nearer a settlement that at the beginning. Rev. Duncan Brown, of Tarkio, Mo., who v,as speaking when the time for adjournment came last Saturday, set the ball In motion with a continuance of his clear and logical speech. He said what he had to say in a m?ek manner and with true Christian grace, and the more optimistic began to think the session would close without any expressions. Rev. J. Wilbur Chapman had prayed for divine guidance Just before the opening of the debate, and it seemed that the spirit of his prayer was on the assembly, but the opposition could not keep quiet, and before Mr. Brown finished he was frequently interrupted by enthusiastic members whoso zeal far excelled their knowledge of parliamentary law and courtesy. The moderator did not exert his executive hand to check them, and the stormy proceedings continued. Those who knew' nothing about the business were as anxious to speak as those who knew all about it, and a dozen men were on the floor at once, waiving their hands and shouting for recognition. Perhaps Rev. H. W. Hines, of Kansas City, spoke for more than he know when he said: “Thank God, I have no side in this matter. I’ve been on both sides of the question, and now I’m in the middle.” Rev. Dr. Wilson Phrener, a member of the board of home missions, spoke ex officio for the board, and, though some of his points in favor of the majority report were well Taken, he, too, got off the subject and indulged In questionable remarks, so that his speech was interlarded with frequent points of order and questions of privilege. Speeches had been limited to live minutes, but when Dr. L. W. Allen, of Newark, N. J., attempted to speak for the home mission board he said he could not say what he felt he ought to say in that time. In the course of his plea for longer time he said: “Brethren, I speak in the spirit of Christian love and sacrifice,’* which sentiment brought forth cries of “Bah! Bah!” from some of the commissioners and laymen in the assembly. ELOQUENCE IGNORED. Rev. George L. Spining, whose eloquence so swayed the assembly irt the election of a moderator, tried again the powers of his persuasiveness, but this tiino the assembly was not open to persuasion, and his speech was much like a chip in a whirlpool. The assembly finally managed to adjourn, but there were many heart-burnings as a result of the debate. To-night the commissioners are talking it over. Many of them are ashamed of the assembly and a few of them are ashamed of themselves. When away from the scene of conflict and the spirit of opposition, over the quiet of their teacups, it is a source of wonder to most of the comaiissioners that such a fierce fight should be waged and so much iii-feeling engendered over a matter of mere dollars and cents, in which no principle is involved. It Is a plain business proposition in which it is possible for two opinions to exist, but which every one admits could best be settled in a calm and thoughtful deliberation. The matter will probably be brought up again to-morrow, though there is no knowing when it will be brought to a vote. Most of those who are talking to-night think It Is likely that the majority report will be adopted with the amendment, or an amendment similar to the one proposed by Rev. Duncan Brown. •

At the afternoon session of the assembly Hon. John Wanamaker was recognized and said: "Mr. Moderator—l rise to a question of privilege, believing that the assembly would like to be reminded that to-day is the anniversary of that most noble woman who reigns over the British kingdom, inasmuch as the compact between Scotland and Ireland, which embraces the Westminster Confession of Faith, and her Majesty, the Queen, attends the Presbyterian Church while residing in Scotland, and in some measure belongs to our body from whom all her Scottish chaplains are appointed, it seems meet that some notice should lie taken of her birthday at this particular time, when the English nation celebrates her diamond jubilee. It has been well said of her that one does not know' which to admire more, the queenliness of the woman or the womanliness of the Queen.” Mr. Wanamaker introduced the following, which the assembly ordered by a rising vote to lie sent to the Queen: “This day being the seventy-eighth anniversary of the birth and sixtieth anniversary of the- coronation of her most gracious Majesty, Queen Victoria, whose reign has lasted longer than that of any other monarch in the last thousand years, this General Assembly of the Presbyterian Church in the United Stales of America detins it fitting and does hereby send most cordial Christian greetings to both the illustrious Christian sovereign and the subjects of hep gentle, generous and righteous rule over the destinies of the empire upon which the sun never sets.” I'IIOCEEIJINOS IN DETAIL. Heporln itnd Recommendation* of linL liortont Hoard* of the Church. WINONA PARK, Eagle Lake, Ind., May 24. —The General Assembly was opened today with devotional exercises led by Eldar Van Rensselaer, of New York. By general consent reference to the parliamentary tangle on Saturday regarding the Presbyterian building was omitted from the minutes. Fraternal greetings were received from the convention of the United Brethren, at Toledo, la., and from the General Assembly of the Southern Presbyterian Church, at Charlotte. N. C. Replies were authorized to these and greetings were aeut to the