Indiana State Sentinel, Volume 28, Number 47, Indianapolis, Marion County, 19 November 1879 — Page 1

A A ax TOJj. XXVill. NO 47. rNDIANAPOIilS, WEDNESDAY, NOV.EMBER 19, 1879. WHOL.E NO. 309.

'J .. I A I " I I I ' A I T"a I K"-t I V 1 I

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GENERAL TELEGRAMS.

THE TROUBLE IX MAINE. Talk of Counting Oat tbe Republican Legls- . lators. Augusta Me, Nov. 18. The situation in regard to me counting out of Republicans and handing over tbe control of both branches of tbe Legislature to the Democrats and Greenbackers is unchanged. There is great apprehension concerning the action that is expeeled from the governor and council. The formal count will begin to-morrow, and It is expected a large number of persons will be present in the city. The Republican State committee of 1S79 and a new State committee of 18X0 will meet here to-morrow evening. Augusta, Me., Nov. 17. The excitement over the expected counting oat of the Republican Legislature runs very high here to-day. By the early trains a large number of leading Republicans from all parts ot the State arrived. This eveniog tbe hotels are crowded. Hon. Daniel F. Davis, governer-elect, and ex-Governors Hannibal Hamlin. Israel Washburne, L. L. Morrill, Nelson Dingley and Kidney Ferham are present. Hon. Nathan Webb, ex-United 8ta es district attorney, is here as counsel. Ex-Governors Chamberlain and Co barn have telegraphed that they will come. Senator Blaine Is here, and Messrs. Reed and Lindsay, of the House, members of tbe Republican State committee for tbe current year, and a committee for next year, are in town, and - in addition a large number of senators and - representatives-elect, whose seats are threatened, are on hand. Tbe governor and counsel arrived during the day, and . assembled Id the State House at 4 o'clock. It had been given out generally through the State that they would at once proceed to open the olllclal returns. At 4 o'clock a committee of one from each county wailed upon the governor, who was unable to tee them, as there would be no session of tbe governor and counsel this afternon. A sab-committee of three was then appointed, a lengthy consultation wiih the governor resulting in the assurance from the latter that the returns would not be considered opea in a sense of allowing any amendment or corrections under the statute until the committee of tbe counsel on elections should report the results of their canvass to the governor and counsel, and tbat there would be a) days from tbat time for any legal correction. It Is rumored tbat tbe town of Kittery is to be thrown out because, as alleged, two notices of election instead of three were posted. Tbe throwing out would change the result in York county by counting -out three Republicans and electlcg three Democratic senators. A fcimllnr case Is reported In the city of Auburn, where, it is allesed, a notice ol elect on was posted six -days only instead of seven. If this is thrown -out It will change the vote in Androscoggin county, similar changes on alleged technical grounds will change tbe figures In tbe State Senate aud give the Democrats and Greenbackers Itf senators and tbe Republicans 12 The actual vote as cast gives the Republicans 19 senators and all others 12. TUB FBSUNG AT IlASfioR, Bangor. Me., Nov. 16. The reports from Augusta of tbe Intention of tbe governor and - council to count out tbe Republican majorities in the Legislature, and thus seize control of tbe State government for the coming year, were fully credited by leading Democrats here on Saturday, and Republicans wbo have been inclined to doubt tbe alleged revolutionary designs have come to regard the threatening 88 serious. The perpetration of an act of this character would nndoubtedly cause tbe most intense excitement ever known In this State. Many leading Republicans in this section go to Augusta on Monday. VY AT CHICAGO. Grant and the Army of the Tennessee. Chicaoo, Nov. 13. Tbe Society of the Army of the Tennessee reconvened at 10:3u this -morniDg, General Sherman In the chair. The minutes were read and approved. General Force, the treasurer, read his annual report, showing tbe cash In tbe treasury to be about 7,oU). The corresponding secretary's annual report mentioned tbe death of Captain Thomas S. Pennington and Lieutenant William B. Stevenson. All reports were approved. An Invitation to the members to attend the ie--nnlon of tbe Army of tbe Cumberland, at Washington, on November 19 aud 20, was received. The committee on time and place ot next meeting named Cincinnati, the lime to be fixed by the president and local committee. Colonel Osro J.Dodd was selected orator for the next annual meeting. The committee on - the nomination of officers recommended the re-elect iou of the present officers of the society, which report was adopted by acclamation, together with a vote of thanks for their ser- ' vices. General Sherman returned thanks for himself and other officers, and made some - complimentary allusions to the yonnger membsrs of tbe society, especially to Judge -Gresham. A number of members eologized Major General Frank P. Blair, deceased, and a resolution was adopted commending to them the movement toward erecting a monument to his memory. The question of appointing a biographer to write up tne lnaiviuuaisoi me society was referred to a committee for resort. A resolution was adopted authorizing the president of the society to appoint a committee of five members to examine into the effect of the invalid pension laws upon tbe different classes of pensioners and report at the next annual meeting, suggesting such alterations and amendments as will t limlnute fraud, and secure to all pensioners Impartial justice. Generals Ben Shermau, Field. Rusk, Slack and Colonel Fletcher were named as tbe -committee. Alter tbe usual votes of thanks and especial mention or the liberality or, Mr. Haverly for the use ol the theater, the society adjourned. ? tieneral Grant scent the morning with friemla. In the afternoon he received tlie soldiers and their widows, in the Palmer Tfnnso narlnr. from 2 to 5. Mat) v of bis old comrades took biin by the hand during that time. - - THE BASQTJZT. The bannnt given by the Society of the Army of the Tennessee took plaee this evening. In tbe dicing room of the Palmer. General Grant was escorted to tbe room by General Sherman and military and naval and civic dignitaries of Illinois and otter States. General Grant's table was ornamented with a ml n tat ore man-of-war. representing a ablp of state nnder full sail. The decorations ol tbe mora in general were profuse and tasty, Flags and festoons of evergreens and flowers relieved the lo'ty pillars of the hall, while flowers and smllax decorated tbe tables. Tbe band enlivened the evening with snatches of . patriotic and classical music, and tbe menu, . of extraordinary richness and variety, was served in nnlque form acd designs. Protestor David Swing offered a prayer at tbe beginning - nf tbe hanouet. Six hundred and one covers were spread, and -every chair was occupied, a distinguished -ot.-tie.of eu'sts gracing the large room. Tbe bill of fare was printed on a card shaped Into the likeness of tent, adorned with battle scenes. After the viands had been discussed tbe president of the society announced the toasts as follows: 1. Our country her place among nations. General Grant responded as follows: Generai. of tub armt and Isvited Juebt Notice was sent to me some days ago, that I wes to speak, but I paid no attention to It at tne tune, naving nuu no uiea nntil I got here. what it - was was to reply to, and when the time came I ., could execute some flank movement and get - out of it. bnt after mv arrival here I found I . was to be the first one to be called upon. You. .'' wonld nave me say much about the position of our country among tue nations oi tne ea-rn ' onr nation we have been in the habit ol look- ' ing anon . as one of the first nations of the- earth. For a long period of time the Yankee bad not only very respectaoie opinion ot minseii idu oi ms - country as a whole, and it has been oar own opinion, and we bad nothing to compare in contest with any otoer power. I am pleaded to say that from the observations tbat 1 bave been able to make In the last two and a half years, we are beginning to be regarded u little . by other powers, as we In our vanity have heretofore regarded ourselves. As to tbe place we have among nations, l ininKit to occupy the nosltlon of one of the first powers in all that goes to make us a great nationality, we have tbe strength, we have the individual, self-controlling Independence, and we have to a greater degree than almost any oiher nation, the power to colonize, settle up new countries and develop ins them. We have also a very great advan tage In being without neighbors to molest or make as afraid. It is true we have Northern frontiers and Southern frontiers, and we get along with a very small army, keeping no standing army, and what little we had lsnota standing army, because it has no time . to stand. I do not know any thing that I can

especially add to what I have said, excent In the way of advice, and that is let us be true to otarselvas, ayold all bitterness and 111 feeling, either on tne part of sections or

parties toward each other, and we need have no fear In the future of maintaining the standing we have taken among na tions so far as opposition from foreign natioas goes. I Applause. A miniature bombardment of a small fort placed on the main table was here disDlayed. alter which the toast pro ceeded. Second Toast The President and Congress of the United States." General Logan, in response, discussed tbe relations and respective duties of these two functions ot the Govern ment from a legal and political standpoint. He reviewed tbe list of presidents who have served with honor to themselves and the nation, with especial eulogies of Jackson, Lincoln and Grant. Third Toast "The Array of the Tennessee: under great leaders it accomplished great vieMusic bv the Lombards. "Marching Through Georgia," the whole company joining in the chorus. Fourth Toast "Our First Commander, Gen eral U. S Grant," Colonel Vilas Wade, patri otic and eulogistic response. Fifth Toast-"The Armv of the United States," in the absence of Lieutenant General Sheridan it was responded to by General Schofield. 6. "The Navy. assigned . to Secretary Thompson. 7. "The Officers and soldiers ol the Mexican war," Leonard Swett. 8. "The Memory of McPherson, Blair and all of Our Heroic Dead," drank standing and in silence. Musio Dirge. 9. "The armv of tbe Cumberland and its leaders, tha rock of Chickamauga their glory can never fade." Assigned to General Gar field. it). "The army of the Potomac it fought with persistent valor, and achieved victory and nndylng fame." General Woodford. Eleventh 'All other armies of the Unlonalike with us, they Bhared the dangers and hardships of the war; alike with up, they share the honor of its grand achievement." General Pope. Twelfth "The volunteer soldiers of tbe Union, whose valor and patriotism saved to tbe world a uovernment oi tne people, oy me people and for the people." Colonel Ingersol. 13. The patriotic people of the United Slates who fed, clothed aud eucouragfd our armies, and stood by ns in defeat as well as in victory. Emory A. Storrs. 14. woman General Fletcher. 15. The babies as tbey comfort us in our sorrows, let us not lorget ibem In our festivities. Samuel ij Clemens responaeu in a n amorous and bigbly appreciated satirical eulogy of the product of tne cradle. His Injunction. "As long as you are in your right mind, don't you ever pray for twins; twins amount to a per manent not, and mere ain't any rent unierence between -triplets' ana an insurrection," called forth shouts of laughter. In conclusion, be alluded to the future Farragut historians and presidents, who are now lying in cradles and said: "In still one more cradle, somewhere under the flag, tbe future illustrious coiurcander-in cblef or the American armies is so little burdened wit h his approaching grandeurs and responsibilities as to be giving his whole stragetic mind at Ibis moment to trying to find some way to get his big toe into nisniomn an acmeveniem wnicn, meaning no disrespect, tbe Illustrious guest of this evening turned his attention to some 56 years ago, and if the child is but a prophecy of the man, mere are raigmy lew woo win aouoi that he succeeded. Laughter and applause. At i:su tne loasrs were proceeding aiasiow rate, and speeches not on tbe programme being made, the prospects at this hour are that the banquet will last until 4 o'clock. KELLOGG-SI'O FIORD. Tbe Senate Sub-Committee Investigation Commenced. New OKXE4KS, Nov. 17 The Senate subcommittee for investigating BDOlford ease met this morning, the KelloggHenry Mowsoclt, mgui watchman at Gov ernor Rellogg's residence in 187B, took the stand and testified regarding the visits of the returning board omciais to iieiiopg. w uness appeared somewhat nervous. He heard a great aeai of laia, dui me oniy conversation to which he could swear positively was tbat be beard Kellogg say the House of Representatives of tbe State Legislature had gone Demo cratic. Blanchard and Jewett visited Kellogg frequently, and Blanchard told witness they were working on election returns. These par ties usually came in the back way. The eroas-examination snowed tnat tne governor and all who came in carriages came In the same way, the governor's office being most accessible by this entrance. Witness admitted that he tried to get a place in tbe Custom House, and a friend of his had written a letter to Senator Kellogg, to which witness' name was signed, threatening to go oerore tue committee and testify unless witness got a place tsiancnara was at in is lime cieiK. in Kellogg' ollice. Louis F. Garrick testified that a few months ago P. G. Desland, secretary ot state In 1876, t'na mm mat ine legislature mat eieciea Kellogg to the Senete had no quorum: if he (Desland) was not a poor man he would make a clean breast and tell ail ne Knew anint tne matter. Witness advised Desland to do so. Witness wrote to Senator Gordon about Desland's disaffection to the Republicans, repeat ing in tue letter wnat uesiana naa saia. ties laud seemed sore because he could get noth ing to do. All he had was a clerkship In the postoflise, which only paid about o0 per montn. Senator Kellogg objected to the admission of this testimony, on the ground mat tne united states senate naa aeciaea tne raccara ijegi.i lalare was only a legal Legislature of Louisi ana, and the question coali not now be reooened. : Messrs. mil ana ance, a majority or ine committee, decided tne testimony aamissiDie, Both the above witnesses were caned, oy Bpotford. Kellogg will not offer direct testi mony. Postmaster General Key Again After th . , Tenders of Lottery Tickets. Washington. Nov. 13 Upon representa tions of numerous aui'iavits or special agents of the Dustofflce department. Postmaster Gen eral Key has arrived at the cono asion that all lottery companies and lottery agents are doing fraudulent business within the purview of hut statutory powers concerning "schemes to aeft aud the public." He has, therefore, to-day. commenced tbe issuance oi special orders to postmasters at specified cities, directed by name, against all persons known to be concerned in the lottery basi nets, forbidding postmasteis to pay any postal money oroeror to ueiiver registeieu miters to tenons thus named. The money orders and registered letters are to be returned to tbe senders, and the letters are to be stamped with tne word "Fraudulent." in view also oi lie tact that most of the persons engaged In tell lng lottery tickets are doing business nnder assumed names, the department has also issued Instructions for tbe rigid enforcement of existing regulations, which requires post masters to tena ail orninary mail matter addressed to names tbat are known to be fictitious to the ded letter otllce. Tbe speoiai orders issued to day are directed to the post master at New York city, in regard to the following, namelv: Wiley B urow. alias T.J, Commerlord. alius Thrmas J. Hayes A Co. Porter & Co.; Theodore Zoch, alias B. Nathan Jin.; b. Frank Moore, anas M a. Jfaapin Williamson A Co., alias Royal Havana Lot tery company, and B. Nathan Co., all ad vertlslnfi New York City as their postofnoe address. To t he postmaster at Louisville, Ky., In regard toT. J. Commei ford, alias Commonwealth Distribution company, and to the postmaster at New Orleans In regard to M. A. Dauphin. Fall Returns of the Late Election York, In New New York. Nov. 14. The Sun this morning prints the official canvass for Slate officers, as made by toe supervisors of the counties. In New York and Kings county the offlolul count has not been completed, but tbe result will not probably be changed SO voles from the unofficial count on electiou night, and these figures are used Tbe table shows tbe following majorities, except for governor, tbe figures given In his case indicating plurality : Cornell (Rep.), governor, 40.172; Hosklns (Rep ), lieutenant governor. 1,130; Carr (Rep ), secretary of state, 4,411; Wadsworth (Rep.), comptroller, 7,6i8; Ward (Rep.), attorney general. 7,809; Wendell (Rep.), treasurer, 4,651; Seymour (Dem.), engineer and surveyor, 9,989. Kelly 's vote, 77,471. The Late Election In Pennsylvania. Habri8btjro, Nov. 13. Returns from every county in the State give a total vote tor state treasurer as follows: Butler, Republican, 20,153; Barr, Democrat, 221,815; Sutton, Greenback, 27,317; Richardson, Prohibitionist, S,2l9.

A GRKAT NATAL COMBAT.

Full Particulars of the Fight Between the Peruvian Man of War Huascar and a Chilian Fleet. New York, Nov. 14. The South American mails bring tbe following details of the capture of the Huascar: From the moment tbat the Chilian iron clad appeared on the horizon, steaming rapidly toward the Huascar, from northward, whilst tbe Blanco uncaiaaa was sieauuy pursuing tne ram irom that his ship was doomed, but, braye man as he was, no thought of surrender entered his mind, and the whole ship's company assumed their appointed stations for tbe struggle, with a conviction tbat no human power could extricate the Huascar from such overwhelm ing forces as those presented by tbe Chilian vessels. Now, from the decks and tops of the two vessels the fire of musketry and Catling guns was incessant, and on the Huatcar the eUect was becoming painfully apparent. One hour and eight minutes after the com. mencementof the fight the Huascar had discharged her turret piers 25 times against the Cochrane, the latter replying with 30 shots.' At this moment the other Chilian iron clad arrived on the scene and at once opened fire. first -llrectlng her attention to the Huascar's fizktlng turret and the little tower near the smoke stack, which is tbe battle station of the commanoar. The Blanco's guns were excellently well served, and. their effect terrible. Tbe tower was car ried away, and Admiral Gran was taken down below for tbe care of surgeons, with one of bis legs torn off. While in the cabin a solid 300 pound shot from tbe Blanco strucc tbe Aaiu in tbo stern, destroying her steering gear, and passing directly through the snip lei t gaping aperture large enougu ior a uoat to enter. This shot killed tbe brave admiral, his aid. Lieutenant Ftrre. and several others. Captain Kilos Agulrre assumed command on tne snip on tue aeatu oi tue aomirai, ana too a: bis station in the gun turret, but on this point, the two Chilians bad concentrated their fire. ne turret was hit by a heavy . shell. which, passing through a port, exploded inside disabling one of tbe two guns, killing Agulrre ana ait woo were serviug me pieoe. ine Huascar was now practically at tbe meicy of the enemy, ungovernable, and with half of her offensive power destroyed, and her officers d eliminated, but the national flag was still flying in defiance, and noons even whispered of surrender. Captain Mellton Carvajl took command after Agulrre's death, but was Instantly taken below dangerously wounded. First Lieutenant Koderlguez succeeded him, and a moment afterward shared the fate of tbe admiral and Agulrre. Lieutenant Enrique Palccccs followed Rodriguez in command, and -although severely wounded, continued in cnarce nuui the end of the bloody drama. Still tbe Huascar discharged her sole re maining cannon at long intervals, as tbe very turret iuself.only 30 feet in diameter, was chok ing up wltn tne aeons oi snaiterea gun ana bodies of the dead and wounded. Below, in the dark passages and narrow compartments ot the ship, the scene was frightful. Tbe dying and those who had perished were neaped icaiscriminateiy toeiiier, ana every few minutes a shot from tbe enemy came crashing through tbe sides of the doomed vessel. The lorecastle was completely shot away, and the mast cut in two. The smoke stack and chimney were riddled with balls, the pro peller struck ana loulea, one gun disabled. and out of 21U men wbo went into action, only l-ti were alive, and tbe majority of these uors au com oat. nvecommanaers naa succeeded eacn other in their perilcns post. Three were dead; one grievously wouuded, and the fifth barely able to maintain h's trumpet. Tbe Chilians thought tbat the time naa come to Close, ana sent a ooaruing party to com nle te the victory. But tbe brave fellows on tbeHnascar rallied, and drove them back with loss. This was the expiring effort: flesh and blood could do no more; Indeed, human vigor and bravery bad withstood the steady shocks which hd overcome tbe iron bulwarks ol tha historic shlD. The Chilians sent anoth er boarding party this time with success, and ine uuasear was in.'irn. i ne enemy lowerea the flag which had waved triumphantly along t heir coast and witnessed many a gallant exploit of the dead admiral. Tbe Peruvian Congress has provided liber ally for the widow aud family of Admiral Gran, and no mention is made of the widow dying from the shock a- tbe news of her hus band's aeatn. as previously Btatoa. Liiierai provisions were alio made for the families of an tne omeers anu men aiiiea auu wouautnp on tbe Huascar. I : . . United states supreme toun vecision. Washington, Nov. 17. Supreme Court d 1 elslons: . TJn f'hnrlos w. K inland. i aintltr error, vs. Leonard L. riotcnk as. in error to the snnreme court of eriors of Litchfield county, Connecticut. The question presented bv this case is wnetuer pidinun in error, a citizen of Connecticut, cau be rightfully taxed bv thax siate. under its law. upon certain bonds owned bv him. but held lu the city of Chicago, ana seenrea oy ueeus or trust on reaj estate located In that city. Tbe supreme court of errors of Connecticut held that the assessments of which the plaintiff in error complained were lu conformity to tbe Stau laws, ana tnai tne lawuia not luinnge upon any of complainants constitutional rignts. This court sustains the view taken by tlte Ins.. t.ll.Ttn.l anrl hnlila that LtiA InrcAlit.v of debt for purposes of taxation s not affected bv tbe fact tbat It IS secured DV mortgage upon real estate in Illinois-(State tax on foreign-held bonds, 15 Wall, 323.) tbat tbe debt has Its situs at the creditor's residence, and it is for tbe State to determine whether or not it Bhaii oe laxan. ine alteration of the State in this re peel is pot. in tbe opinion of this court, subject to supervision or control bv the Federal Government. In any of its departments, for the reason tbat sucn a taxation violates no provision of the Federal constitution. Thejudgment of the supreme court ol errors oi uonnecucui ii arnrmeu witu cnstA. No. 70 Tne t nnea ena-es. piaintins, vs. Eratl Bteffens, and No, 711, the United Slates, nlaintlMs. vs.AdolDh Wllteman. tin cerliU cate of division from the circuit court of the United States for tbe southern aiRinct or rxew York, and No. 719. the United States, plain tiffs, vs. W. W. Johnson. On certificate of division from the circuit court of the United States for tbe southern district nr Ohio. These three cases are prose' cutioDS for violations of what are known as trade mark laws, embodied in sectious ,xn te 4,917, revised statutes. The quest ion upon which ihe tudn.es of tbe lower courts were divided in out n ion is. whether the acts of Con gress on tbe subject of trade marks are founded on any rightful authority in the constitution of the Unlit-1 Suites. It was maintained here bv tbe counsel who sought an ararma'ive answer to this question that there are two clauses or the Feae ai constitution wnicn lurnisb a sufficient warrant for tbe legislation in iianntn. The first Is the eighth clause of section 8, article 1, which provides that Congress shall have rower to pass laws .to prnmo'.e tbe pro fress of science and tbe nseful arts by securng for a limited time toautborsanu Inventors the exclusive right to their respective writings and discoveries. With regard t this point, tbe court holds that tbe ordinary trade mark has no necessary relation to invention or dlscovt. It la Eonerallv the outgrowth ol a consid erable periol of use rather than of ndden invention, and is often the result of fuwident rather than design. The attempt to classify a trade mark with the writings of authors is open to cbjectlons equally strong. The latter involve aa element of originality, as do also Inventions, while tbe trade mark is generally nothing more than an adoption of something already In existence as a distinc tive symbol ol tbe person using It. It does not rierand UDon the noveltv of the Invention, discovery, or any work ot brain, but is founded simply upon priority of appropriation. The court Is there lore of tne opinion mat, while such legislation as tbat in Question may be a judicious and, to common law, a subject nf trade marksADd may be within the compe tncv of Legislatures whose general powers embrace that clam of subjects, it is not author ized by tbe constitutional provision concerning authors and inventors and tbeir writings, and discoveries. The other clause of the constitution relied on to support this legislation Is tbe third of the same section. wnicn proviaes mat congress suaii uvo io nnvir to reffnlate commerce with foreign nations and among the several states, aud with tbe Inalan tribes. Tbe argumeut is tbat a trade mark is nsed to identify a particular Inaa nr nnalltv of froorla. &nfl that also. It is a valuable aid or Instrument of commerce, and comes wl.hin the scope of the MMUtattanal nmvklnn nllAd. With nwanl to this nolnt. the court believes that the clause quoted doesnt hrlnv wllhln thA enntrnl nt ('nnrrress eveiy species of property which is tbe subject of Nimma-M. or which Is used In commerce (Wallace vs. Louisiana. 8 How, 73; Pant vs. Vlrolnla H Wa.ll. IKK 1 unit IVv.l the legislation now In Question does not limit the use of msrlr. In tnlA, at.t. nr International nommsree. as - it should do . If It be baaed bn the constitution ; or

provision now quoted In ltd support. If it

rerers to all trade and to commerce between all points, it la obviously an exercise or power not conferred upon Congress Tbat this is tbe purpose of this legislation seems. In the opinion of the court, to be evident. It contemplates the establishment of an universal system of trade mark registration for tbe benefit of all who bave already nsed a trade mark, or wbo wish te adopt one m tbe fit tare, without regard to the character of tbe trade to which it is to be applied, or to the locality of the owner. Such legislation is, in tbe opinion of this court, in excess of congressional power. It has been urged that, if Congress has the right to regulate the tra"c- marks used in commerce with other nations and among the several States, lu legislation, so far a It relates to that class of cases, should be held valid, bat to this tbe court holds that there are two objections. First-, that there Is nothing to show that trade marks in the three eanses now nnder consideration were used m that kind of commerce; and, second, that it is no', within Judicial province to give the woids ued by t'ongres4 a narrower meaning tban they are manifestly intended to bear. Tedo so would be virtually to make a law which would be only partial in Its operation, aud which would complicate rights which parties would hold, in some instances nnder act of Congress, and In others under State law. Tbe court wishes, however, to be understood as leaving the whole question of the treatymaking power of tbe general Government over trade marks, aud the doty ot Congress to pass any laws necessary to carry such treaties into e fleet, untouched. The question in each of these cases, viz.: whether these statutes can be upheld in whole or In part, is valid, and tee constitution must be answered in the negative, and It will be so certified to tbe circuit courts. No. 2 Nxon M. Crane, executor, etc , et al. appellants, vs. Kansas Pacific Railway company. Appeal from the circuit court of the United States for the district of Kansas. This wasa suit in eauity. brought by tbe children and heirs of Samuel Hallett, to enforce a con tract made in his lifetime with the railroad company for tbe construction of l a line of raiiroau ana teiegrapn. ine conn noiasinat this contract formed part of Hallett 's personal estate, and belonged to his personal repre sentative; tbat tbe heirs could not rightfully bring this suit, and that the demurrer to this bill was properly sustained. A BIO BLOW. Much Damage Done to Property in Indiana and Ohio. CfRciNKATi. Nov. 11. A high wind from the south and southwest prevailed all the fore noon, snowers leu lu tne morning and at noon. Lte in the afternoon a steady rain began, and at 10:30 1 S Inches bad fallen. Re ports irom inuiana ana umo snow that at Paoli and Princeton, I ud., the wind amounted to a tornado, unrooting houses and blowing down tenets. At Paoll two houses were blown down. In Ohio reports show tbat at Hamil ton, abont noon, a severe wind storm blew down the steeple of a church and did other damage. Specials to the commercial say that at Ttijr, i , me storm came aoout ii o clock this mornlug and blew down miles of fences. A buggy in wnicn a gentleman was driving into town was canght by the wind and blown into a fence corner, doing slight injury to the occupant. At L rbana the wind was violent, bat no lives were lost. At Mt. Vernon the storm came about noon and lasted only about 10 minutes, but blew down Bryant's livery stable, E. Miller's residence. Barring's saw mill and injured two railroad bridges. Tbe telegraph lines bave been prostrated in almost every direction, and communication, with the northwest, especially, has been difficult all day. rKiacrroN, i ov. n. A tornado 1C0 feet wide passed over tbe northwestern portion ot turn place at s o clock this morning, unroolllng houses, demolishing barns, ana injuring two pork noascs. it blew np trees and carried away chimneys. No one was ipjurea so isr as neara irom. Tzhrk 11 A uk. Ind.. Nov. 14. A violent storm of wind and rain prevailed here this morning, a few miles south of the city. A barn was de molished, a horse ana mule killed, and two valuable carriages crashed, and the Honey creek bridge destroyed. The gale did great damage to the trees and fences al Hon. K. w. Thompson's Spring Hill home, and iarmera in tbe vicinity suffered considerable loss. The Wabash basbtgun to rise, much rain having fallen lately. . The Peace Commission and the Cte Indians. Los Ptncs Aokhcy.Nov. 13. via Lake City. Coin kov. ii. rue commission organizea yes. terdav. Present. General Hatch. General Ad ams, Chief Ouray, First Lieutenant Gustavus valols, or ine itun cavalry, recorder and legal adviser; J. Townsend, of New Mexico, interpreter ior ine commission. Aajournea to meet this forenoon. It Is now in session. As vet no Indians have put In an appearance. tjaray evidently leeis me reeponsioiuiies resting ucon hiin, and the next 10 days will test his power over the White river I J tea. An Indian council was held last nlgbt, but the result has not been disclosed. If Ouray controls Its deliberations, tue Indians will be on nana to give their testimony in relation to the Wblto River troubles. If not, tbe commission will fail, and the army will have to fight It out- Tbe commission Is harmonious, and a peacelnl settlement of affairs rests entirely with Uie Utes. The Indians have no excuse or grounds of intimidation, as General Hatch came through without any troops. Ilelsanxlons to accomplish tbe DurDose ror which the commission was convened. Chief Douglass is expected - at the agency lo-duy. lie nas signiuea a winingness to test try in relation to the affairs of White' river, but last ngh's council will unaounieaiy control nis actions in in at a l reac tion. Gutro is a aistnroing element toward peaceful solution of the trouble, and, having considerable Influence with a certain class of Indians, is liable to make Ouray much trouble. Liter. ll:la a. m. Chief Douglass Johnson aud Solawlck have Just arrived, and the commission Is In full b.ast. As the commission sits with closed doors, nothing will be known in relation to Its proceedings until its official report reaches Washington. Ignoramuses or Liars, Los Pisoa. Col.. "Nov. 15, via. Lake City. Nov. 17. The afternoon session yeslt-rday was occuDledln tsklng the testimony otSowa wick. wno orovea nimseu eitner me greatest ignoramus or the greatest liar ot any Indian that nas yet appeared before the commission. He knew absolutely nothing abont the massacre or the fight, and even denied the fact that General Adams naa siepi in nis tent wnue at White river, -mere is eviaenuy an agreea Filan on the part ol Ihe Indians to furnish no nformatlon of any kind, and by this means thwart the wishes of Ouray and the object of the commission. At tbe present writing, the outlook is not favorable for a ceaceful solution ol affairs, and unless there Is a decld-d change on the -art of the Indians, and a willingness to testify to tbe facts as they have occurred, tbe commission will be comoeiled to close its labors and turn the whole euoioci over to me tenuer care of the war department. The influence of the bostlles seems to be In the ascendancy, and they are evidently controlling the actions of the Unoomuhairre Utes. The outside world might oe pleased to snow me comionauie uositlon in which the commission is placed. when tbev are informed that nightly pickets of Indians, under order of Ouray, are guarding the mountain trails leading to ineagenoy. Lieutenant Valols. recorder, says it Is a moot ed question, in his mind, whether It is for the purpose oi Keeping tue commission iu wiua hnstlles out. The ilme of the commission will be occupied in interpreting to Ouray the worn statement of the caolive women. Latest Owing to the Indisposition of Ouray, the commission met and adjourned till Monday, uaray inrormea uenerai Annul that he will accomplish tbe purpose for which the commission was convened (bringing thegnilty parties to Justice) If he dies In the attemptTwo Men Killed While Asleep on a Baitroad Track. Etxiiif. Til., Nov. 13. The mall train on the flAimii division of tbe Northwestern road this afternoon, while rounding a curve east of this place ran over two nnxuown men wno were lyl-g on tbe tracts;. One of them was utterly torn to pieces, and his mutilated re mains scaiterea aoout tour raw. i ne otner Buffered a skull fracture, and will probably die. It u supposed tbe men were tired tramps, or laQSoata . Saspended From Duty. A T.T ... -Vat,. -AT. 17 iMlol.nl 1 nnralu. X.W ai. " -ft'. . Albert Gilbert was snsnended from doty tow day by aj-t order from Washington. Frederick; Biriaeran examiner in me appraiser s ueparimen fc, was suspenaeu rjiati ujr- sp-pi-aitier Catcher says they are not charged with the same offense, but decline--, making p.illlO the charge pending tan lnyestlgation.

COLUMB18.

The Search For the Victims of the Clifty River Motror Recovery of Two of the Bodies. Special to the Sentinel : Columbus, Ind., Nov. 18. To-day was a gloomy Sabbath for Col am bos. The fearful cahtaalty of yesterday, which resulted In the loss ef three lives, a mother ane) two daogn. ten, who were drowned while attempting to cross Clifty river at the fatal fordhanglng like a funeral pall about the city. At daybreak this morning the banks of the stream were lined with people eeansblng for the unfortunate victims. Boats, casoes, skiffs and every floating device was broksbt into requisition. Everything thus snscepCtMe was improvised into grappling hooks, drags, etc About 8 o'clock the body of Melissa, the-oldest daughter, was drawn np with one of the grap. pling hooks, in an eddy caused by some projecting logs, not more tban 60 yards below where they went down to rise no more. The body of the mother was found about three-quarters of a mile farther down the stream, and about one-quarter of a idle below the J M. and I. railroad, lodged nnder a log, her shawl thrown over so aa to be seen, A vigorous search was kept np all day for the body of the younger girl, I va, but without avail. It is thought that her body being smallnod light may bave Coated on down into White river, about one mile below where tbo lamentable affair occurred. During the day It la estimated that 5,000 people from this city and the surrounding country visited the scene of tbe calamity. It might not be Improper to remark right here that this is the "fatal ford" where the wife and daughter of Ernst Schnue, a worthy German citizen of Jennings county, who formerly resided at Indianapolis, were drowned nnder exactly similar circumstances a little more than one year ago. In all seven or eight persons have been drowned here, besides a num ber of horses and other stock. Tbe body of the mother and daughter recovered were taken to Long's undertaking establishment and prepared for burial. DuAng the day hundreds of persons viewed tbe remains as they lay in stale. Both looked as natural as life, and it was a sad sight indeed to see them lying side by side, cold In the embrace of death. while the poor, unfortunate husband is almost beside himself with grief. Mr. Woodward was a moderately well-to-do farmer, In comfortable living circumstances, and to day a subscription paper was circulated and about loO raised to assist in conveying tbe bodies to Jefferson county for burial, and for the funeral expenses, Bartholomew county generously furnishing the coffins. The remains will be sent to Jefferson county on the morning train to-morrow. The Victims of the Clifty Blver Horror. Special to the Sentinel: Madison, Ind-, Nov. 17. Tbe bodies of Mrs. Albert Woodard and her two daughters, who were drowned while attempting to cross Clifty creek, three miles this side of Col umbos, last Saturday morning, arrived on the train this afternoon, and will be burled near their home, in Saluda township, to-morrow afternoon k Their sad and untimely death is deeply deplored, and the remaining members of the family have the deepest sympathy of the people throughout the county. , MADISON. A New Standard Gauge Road. Special to the Sentinel: Hatjisox, Ind., Nov. 12. Richard Johnson to day subscribed 15,00 as a sttrter for a stand ard gauge road, connecting with the O. and M at North Vernon. The subscription paper la going around among the citizens. . - LAFAYETTE. Drowned la m Cistern. Special to the Sentinel: . Lafayette, Indn Nov. 17. Yesterday the little son of Mr. and Mrs. Noll, who Uve In the Sixth ward, fell into a cistern and was drowned. German Political Opinions. St. Loots. Nov. 16 The Post-Dlsoateh last evening contained Interviews with edMots of lour tterman newspapers puousneci ut-re on the Question of presidential candidates. Dr. Pretorlous, of the Westlicbe Poet (hepnbllcan), said the nomination oi urani wonio oe no more pleasant to tue uerman rtepnoiicans tban to tne German Democrats. Both are firmly opposed to aristocratic military and monarch nil tendencies. Should tbe Demo crats nominate Bayard, the Germans will re joice. German voters. Irrespective of party. WOUia prefer canuiaste cieariy menufled with the . conservative that is, the liberal and progressive Interests of the country. The German Democrats would nrelor men line liavaru. l-aimer or nancocK, while Charles F. Adams, Jr., Brlstow or Osburn would be favorites witn toe uerman lt?nubllcans. Mr. Pretorlous did not say whether the Post won. J support Grant in case ho is nominated. Dr. Prenso, of the Amertka (Dem ), said tnat while some German Democrats prefer David Davis, and others General Hancock, the inn-put. nmnortion of them favor Bayard: and should the latter be nominated, all will vote for him. lllden Is considered tne weaaesa mntHrintit thA Democrats en til J nominate. Carl Daenzer. of theAnzieger iinaepenaent Democrat), said the uerman press oi tne nn.nnt.rv mftT be counted tor Bayard, and with tbe German Democratic voters Bayard is cer tainly tbe favorite, and there is no aotaoi a lurc-A nn mlwr n' German Reoablican voters la LxiH w eeiem nutves wuu win vuto nn unu &u preference to O ant, wbo is tbe weakest can didate among tbe uerman voiers. AIUOI VUIlllUl Vt V0 T vie-sobawauueu 1' -w 1st , said Bayard is tbe strongest candidate among tbe Germans. Some of them will vote for Grant, should he be nominated, bat most of them have a strong aversion to aim. The St. Louis Millers Shut Down on Account of the Price of Wheat. rt Tottth. Nov. 14 There is a movement among the millers here to close their mills nntil the nrlce of wheat declines. Two mills .iruut ttuuvi two more will shot down as soon as wnat vrneai toey nave on nauu ground, ami this action will probably become general. The principal reason assigned for IIIIBIItnRl II II i r IT IMHOW 1 1 1(1 U1W V. w 1 . . ..V, and can only be made at a loss Many millers have already lost heavi.yon contracts, made when wneai was less man, ' ii wu-ucm ih.v nn nmflt in the Immediate future. an iirttA flour hM been BliiDtied from here during tbe last three weeks, and large amounts are In s'ore more than enough to supply all demands lor some time, i ne milters are sicHwl that there must be a oeeune in wneat pretty soon : at all events, they will not parchase nntil the price laiis, c mere is a huueui on hour. Trouble in Cuba. New Yokk-Nov. 16. A Havana letter of the 8th Inst, says a strong party or Insurgents drove off aoniauMneaaoiconeiroiu nuum on the 4tbinst., and Spanish troops were sent after then. unsucoesiuiy. an eipuuauuu u the above Spanish account, the Patriot state ment to. that tienerai vaten att-tcn-u Patriots at Bat-ranees, hat was defeated with a loaaof 250 killed and wounded, and retreated toHeigulu, where he was snut up oy mI JSL i" ?o i hi iief of ValerV I w"i "lL,'.r.f.nLevimen" where the Patriots raised the Inveslmen. cf the place, sacked several stores in the outskirts, and captured large Quantities of Tooty. A portion of the Cubans, about 8,000 m'yti, under Benltea, crossed into the Eastern p rovlnee, captured the town of Plcaio, whlob. tney pillaged, established a muster eamy near Lasquaslmas, where reerulta ean enroll, and headed for Puerto Principe, wbyro cattle and recruits are being obtained. vigorous earn paign la piAnned,U extend K, Ban Mlf ueLBaga

rltas. where the ctmr mtafes and

telegraph will be destroyed. T5e Patriots have sent emissaries to enlist white natives In to a revolntion, ane) to entice slabs' gangs front Remedlos, Trinidad and Cler.taegoe te strike work and repair to the mountain to enlist with tbe Patriots. In Trinidad valley It is stated ,ooo yeomen are In llur moontalna awaiting tbe arrival of the Cuban fotee, to join it. Reinforcements, Including vomoteer regiments, are beitoo; pushed fevward from ' Havana to the Spartisf troops, nod arrtvala from Spain are anxiously awaited. SWDfG VT. T JBnrderers ExecoM at Letifc UMj -Yr Lcsarc--, Pa., Nov. 14. Charles Drew and. Franklin SUciiler were hanged to-day for themurder of Joseph Raber. ae Indian Town Oanon the 7th- of December lax Drews, accordIngto ble previously anrxranced intention;, reinalned awake last nigt.t.ond at dayDjrhtate oniy a light breakfast. SUchler ient three boors, aud ate a very U"frty break fast.Tbe men seemed Indifferent" r their sitimtlon until the colonel of tbe Ninety tklrd: Pennsylvania volunteers callsr npon Drews, . who burst Into tears as he sporae of the war,. and of carrvrsg the colors ot C-S regiment in.' battle. When the men reached the gallows. Erayers were offered by clergymen, and a ynin sang in which tbe prisoners Joined.' ' At 11 So they were manacled and strapped. Alter tbe white cap was palled over their fares, and, J cat before the ' drop fell, both men trembled -jereepUUly,. SUchler in particular, and Drews' ' voice was neara remarking in German t Stichler. . Frank, now we go to Heaven." Immediately after this the sheriff touched the soring, and . large croesplece fell to the ground, but both men remained- trembling on the gallows. bey were evidently additionally disturbed. being ignorant of the cause of tbe delay. Bota their bodies shook violently. The mishap in thelworkiog of the drop, however, did not oanse more than a delay of one ruinate, and at eight minutes past 1 1 o'clock the drop fell. Their bodies bavin a fall of about three feet. ineir struggles- were not violent, ana both seemed to die easy, although directly after the drop fell Stickler's body moved convulsively. The doctors pronounced the cause of Stickler's deal h to be strangulation. Diewa neek was broken. - ?he bodies were placed in coffins aud taken away from the prison, fotlowea oy an immense crowa. ine men hanged are two of the six tried and convicted of the murder of old Raber, upon wbo&e life they had taken heavy insurance policies. Seeobmar, one of tbe six, was acouitted yester day on hlssecond trial. Wise, who confessed' first, nts never been sentenced, llnmmel and Brandt now have tbelr eases before the supreme court, and Drews and Stickler are the only ones yet brought to tbe scaffold. HAJtOEO FOB KU.UN8 A BKAUTIFUI. OIBL. CoorEROTOWX, N. V Nov. 11. Myron Buell. . ged 20. was hanged to-day for the murder, on tbe 25th of last Jane, of Catharine May Richards, age 15. The execution took place in the jail yard. Boell was very weak, and was sup- - portea on too way tottte gaiiows, wnere, oeing tied aud the cap placed on his bead and tbe - rope arounu nts neck, the snentr asked uueu If he bad anything to say. He answered "no " The iope holding the weight was cat and . Buell shot Into the air. He remained sua1 13 minutes, when the physicians proed him dead fom strangulation. On Wednesday Sheriff Clark informed Buell that he was about to begin the erection of the gallows just beneath Baell's cell window, and wanted to know if be Ud not want his quarters ocnoged. Buell replied to tbe sheriff: "Do as you like; I dont care." AKOTHIB XtTDMSKB HA NO ZD. An. A NT A, Nov. 14. Jordan Sheals (colored) . -aa hanged to-day at Danlelsviile for the murder ot John Ledbetter (white) on the 24th of February last. Sheals was cursing bis . employer, John Williams, wben Ledbetter attempted to interfere, and Sheals killed him wiin a snotgnn. An immense crowd was at the hanging, but no excit ement. S Heals said be was ready to die. The drop fell at 30 -mlnutee nasi 1 o'clock, and in IX minute Sheets was dead, after violent straggles. THE CRIMINAL CALENDAR. ABecorrd of the Wicked and Their WerTks.. SKITI UP FOB 18 TEAKS. Phti.adct.fhi a. Nov. M. President Hayes - baa commuted to 1 years imprisonment tha -sentence of Isaac Jacobson.the aallor eon - victed of the murder of Charles D Brooks 2 mate of the ship Sea King, and aenteneed tobe hanged on January 30. THE HAKRT BALDWHC XCBJKTK. ClscncfATt.' Nov. 13. A -revival has been.. mane la me Cincinnati newspapers of the . mystery connected with the murder of Harry itiawin, witn a view or accounting ior tne murder h? t he theory tbat the stray shot fired by Wm. Schailer, was the cause, and to the ' statement that he had paid large earns -of i money to free himself Irom suspicion, rohalier -makes a denial, except that he paid MO to the ' detective employed on the case. A MURDERER EXECUTED. . Gawestos, Tex , Nov. IS. A News special i from Sherman says: Julius Toettet waa . baoged to day for the murder of Joseph, A. . nrenner in ueunison on me lain oi jsnoary. About 6,0tx prople witnessed the execution. . He exhibited but Utile emotion, and died In . U minutes by strangulation, the alx-foot drop tailing to break h la neek. Census Supervisors. WAHrriHO-roi-t. Nov. 1A The formation of supervisors' districts, under the provisions of the census act oi iiarcn s, is. nas oeen com- -pie ted by Superintendent Walker, exeept In regard to Uie States of Massachusetts and. California. The appointments of supervisors . must be made in eacn instance by a selection from applicants residing within tie boundaries of the resptctlve districts. Tiaese oflices will nraotlaallv eoutrol tbe thousands of local appointments necessary for thewwkof tak. lug ine census, ana are w iw umma -jyw-u-.i nary 1. The following Is the formatiosi of districts, for the States named : Indiana, six districts: - Ffcst District -Crawford, Davies, DuboiiMJlbsta, Knox, Law- -. rence, Martin, Orange, Perry ...PHre. Posey.. Spencer, Vanaerburg and W arrlek ooanUesi. Second District Bartholomew Browta, Clark,, Dearborn. Decatur, t loya, r-rarnuin, Eiart-isou. Jackson, Jefferson, Jennlofe. Ohi. Ripley, !eoll, ewiizeriana ana wa satDgtoa couuutjoi , Third District Delaware, Ffeyette. Hamilton, Hancock, Henry, Johnson.. Madisen, Marion.. Randolph, Rush, Shelby, TBpton, Union and Wayne counties; Fourt.h. District Boone. ' Clay, Clinton, Fountain, Green. Hendricks, . Monroe, Montgomery, sr. organ, wn, Putnam, Sullivan, Tlpoanoe, Vermillion Vigo and Warren con rules; Fifth Bistnct Benton. Carroll, Cass, F oUon, Howard. Jasper, Lake, Laporte, Mars' jail,. Miami. Mewtoc, Porter, ruiasKi. u jo leph. Slam ana wnito counties; Sixth D' strict Adams, Allen, Blackford. De Kaio, 1- ftkhart. Grant. Hunting ton, Jay, KosclusBo, La Grange, Noble, Steaben, Wabash, Wells ami Whitley counties.

Cabinet Meeting Hayes- Foi-thoojoluc Mes- -' - - race. ' WAanisoTox, j t ov. 14 The cabinet meeting this afternoo- a, with the exception of ordinary routine bi asines, was devoted to an interchange of views as to the character of recommendatlo as te be made to Congress In the president's anneal message, ud by the respective net sis of departments iu tbeir annual reports. The general conclusion waa reached that I e recommendations should be confined to s oggestions for improvement in tbe present i methods, rather than extended to requests of i .adioal changes in existing laws, it being cons iuered especially desirable at this time to pn vote as little conflict inOongrees . and as lilt te disturbance of business Interests as posslb' The president's message Is now In course ,()f preparation. It will be shorter than u' al,and contain very few recommendations' jther than those comprised in tbe re

ports c g Qja cabinet omeers. it is oeuevea mar. the or Jy important topic nnder tbe head of forel? fx affairs will be tbe reopening of tbe flsbe ry question with Great Britain, and It is also understood thai especial intention will be dinjoted to the advisability of legislation to u jhorlze the resumption of funding opera-U-na, Chandler's Snecessor. Detroit, Nov; 17. Hon. F. C. Beaman, recently appointed United States senator to fill the unexpired term of the late Senator Chandler, has declined on account ot ill health, and Governor Cromwell this afternoon appointed. Ex Governor Henry P. Baldwin, of tola city, to All the vacancy. i Moderation Society. New York, Nov. 17. The Business Men's Moderation society has enrolled Governorelect Cornell and General BaUec mong Its, members.

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