Indiana State Sentinel, Indianapolis, Marion County, 11 December 1889 — Page 1

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SCiixjL BOOK LAW HOLDS

JUDGE FRAZER SAYS IT IS GOOD. There Is 'ot An Unconstitutional Point la It and It Mast Be Ob-yed No Comfort For the .-school Book Trust The Decision in Full. For the past three days the Van Ant-TteTp-Jouniat Dragg company (co-operative and profit-sharing unlimited) hits been proclaiming editorially and in head lints that Judsrc Frazer of Kosciusko county, a a republican and an esteemed ex-merabt-r of the state supreme court, had declared the new school-book law inoperative and invalid. With its accustomed effrontery the Van Antwerp-Journal Bragg company (co-operative and profit-sharing onlimited) has boldly and baldly lied in its editorial columns and bead-lines. It has also Wen injudicious, for with its editorials and head-lines it has printed Judge Frazer's decision, which clearly and unequivocally upholds the school-book law. That the public may know the depth and breadth and length of the book trust's lying The Sentinel herewith prints Judge Frazer's decision in full. If the Van Ant-werp-Jour7trt Dragg company (co-operative and profit-sharing unlimited) can get any comfort out of it, it is welcome. Judge Frazer says: "This is an application originally by the relator Snoke for writ of mandate against Dlue. trustee of the school township of Seward, to compel the trustee to make requisition upon the county school superintendent for certain school-books. The affidavit in support of the application shows that the relator noke is a patron of one of the public schools of the township, and a head of a family, citizen, taxpayer and voter, resident therein, having a child in attendance as a pupil in one of the schools thereof ; that he has made demand upon the trustee, and orlered to pay for some of the books selected by the f-tate board of education under the act of ISO (acts 1M, p. 74), with a view to the use of euch books by his child in the public school; that the trustee refused to supply the books, did not have them, and declared that he would not take any measures to procure or tuppiy them, and that he fails and refuses to make the necessary certificate to the county superintendent, as the act requires; and, for that reason, the latter has made no requisition up"n the state superintendent for any of such books for the people of the township. It is also shown, intrr alia, by the a.hdavit, that the state board ot education l.a du y contracted with the 'Indiana school-book co'upany' for said books, and that the governor has issued his proclamation as the act provides, etc. "The 'Indiana -chooI-book company' has, upon its petition, without objection, been admitted as a relator, and has therew.ton filed it complaint for mandate ! iiiiisi me uienuant o compel inm to make the necessary requisition for the books setting forth its contract with the state to furnish the school-books and all the preliminaries thereto required by the act, the fact of the governor's proclamation, and its present readiness, after larga expense in preparation, to furnish the books the refusal of the defendant to make requisition therefor, the demand of Snoke, etc. "The return of the alternative writ admits the facts to be set forth above, and alleges several grounds for the defendant's refusal to act. The sufficiency of this return is challenged by the separate demurrers of the relators. "1. The validity of the act of 1SS9 and the contract made under its authority are questioned upon the ground (1) that they i:npoe without compensation a duty upon the trustee, which is wholly for the benefit of the contractor; (2) that the act i-i against public policy, as it establishes a monopoly, and (3) "that it is unconstitutional generally. In the absence ot restrictions to I e found in the constitution of the United States and of this state, the legislature of Indiana is untramraeled in declaring what shall be our public policy. In a restricted sense, so far as the courts recognize it, public policy is only law and the legislature may certainly change this as well as any other law. "As to the suggestion of establishing a monopoly: Sometimes, and on some occasions, this word monopoly is regarded as potent argument. But the courts must not lose their equilibrium on account of the employment of epithets, or the misuse of terms. By the act of the legislature this contract was open to all the world, uoon the wide invitation which the most extensive public notice of the letting could give. The lowest bidders obtained it. This method of letting public contracts for buildings and other things required by the public service ha been a po.icy always approved and reauired by the legislation and practice of the nation of this state, perhaps of all the states, as well as by privip P' vns and corporations, time out Vin. it invites the fullest possible competition and is absolutely free from any odious feature of a monopoly. Ey this method every Eublic building in the state the stateou.e, this and all other court-houses, our prisons and costly benevolent institutions, and many, if not most, of our school buildings have been erected and the material for thern furnished. By this means the etate contracts, from time to time, for its large service cf public printing, its blanks and its stationery. In every such case th i fucti ssful bidder obtains, much more than in the cape under consideration, the exclusive right to perform the Bervice, or furnish the thing covered by the contract. Free and full competition comes fefore the contract is entered into, as it should; but not afterward, for that would be absurd. Unless something can be found in the constitution, either expressed or fairly implied, against this practice, a court should not and cannot interfere to put a stop to iL Nothing of the kind has been referred to in the argument, nor have 1 found any such thing. "The defendant is a public officer, and it has ,'tiways been held in this state that euch officers hold their places subject to whatever burdens for the public benefit the legislature may, in its discretion, imP"f"e upon them, even without compensation. But in this cape it seems to me that compensation is provided. For whatever Service is required of the trustee, he U entitled to receive a sum per day which is fixed by law. Our public schools are state institutions, required by the constitution to 1 established and maintained. To their usefulness and efficiency, books as well as teachers, are deemed essential. Is the hiring and payment of the teacher a service merely for the private benefit of th teacher? Can the trustee decline this service for that reason? The books, like the teacher, are needful for the schools, and that they shall be prcurable at moderate prices concerns the public at large,

and if, to this end, the legislature deems it wise to require some service by a public officer, I do not think it accurate to aav that it is not a service for the public which is required, though incidentally, like the payment of the teacher, it inures also to the benefit of the book publisher. It is simply part of the inducement which was intended to secure school books to the people of the state at prices very much les3 than must otherwise be paid. The return also avers that the books provided by the contractors are not equal to the specimen books by which they are measured in the contract " in this, to-wit: That they are not so well made and bound as the" books named in the act as the standard of comparison. There are books named in the act, to whic h reference is thus made. The second section of the act required that specimen copies of the various liooks ollered for selection by the state board of education should accompany each bid. Whether the

j specimens thus turnished were equal in j make and binding to the standards named in the act was a question which it was required the state board should decide, and this must have been decided in the aliirmative before the bid could be accepted or contract made. This decision having been made by the board upon which the law devolved the duty of making it, is not open to review by the courts, until it shall bo challenged for fraud. Thus the specimen books became, by the contract, the standard of comparison thcreafttr. Books inferior in any respect to these would not be such as the contract requires, and the trustee need not receive or sell them. But he could hardly assume in advance mat inferior goods would be sent to fill his requisition, and, therefore, refuse to make any requisition at all. "o. One question still remaining is not quite so easy of solution. It c oncerns the paragraph of the return numbered five, which, stripped cf the immaterial matter, avers that books of equal excellence, for the same branches of study, though not adopted by the county board of education, which board had never adopted any books for use in said township, had before been adopted, and were in use and in full supply in the schools of the township with the approval of the defendant; that a change now is not desired or approved by either the trustee or the patrons of the schools, and would only impair the efficiency of the schools, and if the new books were possessed by Snokc's child, he would not be permitted to use them in the school which he attends. "As to this point the demurrer requires, in its consideration, an examination of the act of 188l. Bid it, by its own force, require, in exclusion of others covering the same studies, the use of books which the state board might select and contract for? Be for."! the pas-age of this act power to adopt text-books to be used in schools in townships was vtstvd bv law in the county aboard of education, and the township trus tees were required, "as nearly as practicatfc,' to conform to this action ot the county board. And when the county board had adapted a text-book, it could not be changed within six years except by unanimous vote. I II. S. sec. 4,-lV.) Cities and incorporated towns were not thus sulject to the eontixil of the county loard, but were und' r theeare of their local officers. i 1 1. r J'er.-f'f 1 1.T "5 n the absence of action upon t'ae matter by the county board of education, it seems to me that the township trustee, by virtue of the general power conferred on him 1 y sec. 4,414, Ii. S., had this authority. But the legislature could, at anv time, in its discretion, take away ibis authority of county and local boards or officers by the express repeal of the law conferring it, or by implication repeal it by a new enactment in conflict with it, in which case the old statute, so far as it migtit be in conflict with the new one, must be regarded as no longer in force. ' Kepeal by implication, however, is not favored, and, if by fair construction the two statutes can be harmonized, that must be done, and both be regarded as in force. The act of has a repealing clause, but it atlords us no help whatever, inasmuch as it repeals only such laws as are in conflict with its own provisions, which would have been quite as w ell accomplished without it. The inquiry must be whether, and, if at all, to what extent, the act of 1SSQ is inconsistent with the control of the subject of text books, which, by pre-exi-ting laws, as hps been seen, was confined to the local authorities. By our constitution the subject of an act must be expressed by its title, and if the body of an act goes beyond the subject thus expressed, and matters properly connected therewith, it is settled by our decided cases that, so far, the act is void. In this case the title of the act is: 'An act to create a board of commissioners for the purpose of securing for use in the common schools of the state of Indiana of a series of text books,' following which is an unnecessary enumeration of matters merely connected with the subject thus expressed, but do not enlarge it. This language gives no idea of more than a purpose to 'secure' or obtain the books it does not by any apt expression even hint that there is any requirement in the act that such books shall exclusively be used in the schools. But I am not sure that provision for the exclusive use of the books to be secured may not be properly enough connected with the subject expressed that, if found in the body of the act, it should be held to be valid. I am much inclined to think so, for reasons which need not le 6tated. But if this be the subject of doubt, still any such provision should, according to all authority, be upheld. uch respect is due to the legislature that even the court of last resort may not, upon a doubt, hold an act of the legislature to be void. "We must then look to the body of the act itself, and, if need be, construe it. The act Is remedial. The mischief was not, I think, that there was not a uuiforraity of text books in use throughout the whole state. Such uniformity in a single school was, I suppose, generally deemed essential to even a tolerable efficiency of the school quite desirable if secured throughout a townghip, and appreciably so if it covered a whole county, but it is not recalled as a part of the history of the times that it was recognized as a mischief; that control of the matter had been confided to each countV, city, town or town.-hip acting through its local officers, and independently of all other counties, cities and towns. There was, in short, no recognized mischief, in remedy of which it was necessary to deprive the local authorities of the power which they had of determining the text books which must be used within their several jurisdictions. We are not required, therefore, to regard this statute as intended to remedy that as a mischief, and put such a construction upon it as will prevent it. "What, then, was the mischief? The cotemporaneous history is almost of to-day. The act iUe f discloses a part of it. Certain text-liooks were in 'general use so the act declares (see. 1) and the legislature deemed them entirely satisfactory, for it names them and makes them the standard of excellence, to which the books to le secured by virtue of the act must conform.'They might have been the very books thus secured under the act, if their

publishers had oTered to furnish them at the prices limited by the act. But the then existing prices that is the mischief which it is notorious confronted the legislature and oppressed the people of the state. These books, it was charged and believed, were not even sold at the same prices throughout the state, and further, that the publishers thereof were in combination with publishers of other rival scries of text-books, by which competition was prevented and exorbitant prices maintained and exacted. It is certain that this mischief would be amply remedied by any enactment which would secure a proper reduction of the prices of the books then in general, use, or bring within reach of the people other books of equal excellence, at satisfactory prices. Now, to accomplish this, the act, among other things, requires the state board of education, by extensive advertisement, to invite sealed bids from publishers for furnishing text-books for use in the public schools for a period of live years, such bids to be accompanied by specimen samples of the books offered and the prices demanded for each. Then the board is required to examine the specimens, No bid can be accepted for any book unless the specimen accompanying it is adjudged to be of equal merit with the correspondina book of the series named as being then in general use. Of bids thus eligible, the lowest is to be accepted, the merit of the look considered, provided it does not exceed a price which is fixed as a maximum by the act itself. A bid being accepted, then a contract is to be made with the bidder, binding him to furnish the book or books, 'to be sold to patrons' of public schools, for uso therein, at the prices named in the bid. The state is not to become the purchaser of any book, but by its school officers it is to sell the books to the people for use in the public schools. The school trustees are to sell for cash, and the proceeds are to be returned quarterly to the contractor. Notice of the quantity needed for use in the several school corporations is to be given by the trustees thereof by requisition through the county Superintendent, and the contractor is required to deliver the required books to the latter officer, from whom the trustees are required to obtain them for sale. Thu.s the contractor is to be relieved of the expense of distribution to purchasers, and making sales and collections, a devise certainly well adapted, as was intended, to secure the lowest jtossible prices. So far it is not expressly required that these books shall be exclusively used in the schools, nor can that requirement be fairly implied. It is one thing to secure good books at low prices, and quite a different thing to comjel their exclusive use in the schoo's. It is probable, however, that the consideration of low prices would, in the end, by its own force secure the universal adoption of these books throughout the state in the absence of -any statute or authority compelling it. But it can hardly be doubted that it was within the power of the legislature to adopt these books to the exclusion of all others. At any rate, I think of no sufficient reason for denying that

' power. If this power, as to a county, could be conferred upon the county board of education, I know not why the legislature can not itself exercise the same power as to the public schools of the whole state, or confer it uHr the state board of "education. There are, however, other portions of the act not yet reviewed which are supposed to affect the question in hand, and these must be examined. "The first section of the act invests the state board of education with authority in this language: 'For the purpose of making a selection or procuring the compilation, for use in the common schools of the state, of a series of text-books in the following branches of study.' It then names the studies and fixes the standard of merit of the books, as already stated. This section does not, in terms, make the power of selecr ion dependent upon the acceptance or tender of any bid for the furnishing or compilation of books. Considered apart from the other provisions of the act, if this language, by it3 own force, makes it obligatory upon the local school officers to put in usa in the schools the books 'selected for use in the schools" by tho state board, and to exclude other books, then it does, without doubt, repeal, by implication, the former laws which gave control of the matter to local school olficers. The words, make a selection of text books for use in the public schools of the state, are net quite as exact an impression of the idea as the English language iscapablcof furnishing. Books which shall be used in the public schools, would be mora definite. Or 'books suitable for use' would have forbidden the conclusion that it was intended to compel the use of the books to be so selected. A merchant also selects goods for use by his customers, but this does not necessarily imply that his customers will or shall purchase or use them. "But this section may not be construed apart from its context. Nobody so contends, nor would it be claimed that, unconditionally, it gives to the 6tate board authority to prescribe the books v hich shall be used, if no contract for their supply had been made. The whole act must be considered in construing any part of it which needs construction, in order that inconsistencies therein may be avoided, and all its parts be made to harmonize with each other. It seems to me that the last proviso to sec. 7 has an important bearing upon this question. This is its language : 'Nothing in this act shad operate to prevent the state board of education, boards of school trustee., or boards of school commissioners from devising means for the sa'e, exchange or other disposition of such books as may be owned by the pupils of the schools under their charge at the time of the adoption of books under the provisions of this act.' "This is in terms a canon of construction for the whole act. The local boards are not to be, by anything in the act, prevented from making terms for exchanging old books in use, when new ones shall be adopted, for the new ones. But if such olficers or boards have, by force of the act, lost their former power to adopt books, and the new ones have been adopted bv reason of the fact that the state board has contracted so as to secure them, then the local authorities are not free to make terms for exchange of books they mutt take the new books, nolens volens and, if they would exchange at all, it must be upon 6uch terras as the contractors choose to prescribe. But if the power to adopt the new books still belongs to the local officers, then they Are at liberty to negotiate for the exchange upon favorable terms as a condition upon w hich. they will adopt the new books, and in this view this proviso becomes a substantial protection to the people' and not a mere string of verbiage wholly inefficient for any useful purpose. Now it seems to mo that sec. 1, above quoted, ia in perfect harmony with this proviso thus interpreted, that the 'section' of books, which the state board is authorized to make, has reference w holly to the duty imposed upon it by Bee. 3, which requires it to examine the specimen books submitted by bidders, with a view to ascertaining whether they reach the standard of merit prescribed in the firbt "section, and then from anong such as are selected a3 being up to that standard to contract for such as are cTered at

the lowest price," not above the maximum fixed by the act, merit being also considered. . "Thus construed no violence is done to the language of any part of the statute, every part and clause of it is given substantial and beneficial effect, in harmony with every other part, and a remedy for the old mischief is fully attained. This is in harmony also with the immemorial policy of our state, which, as far as may be found convenient, confers upon local and municipal authorities the control, in administration of local concerns. The wisdom of this policy in general has, so far as I know, never been controverted in Indiana, and without now calling in question the power ot the legislature to change it, as to the matter of public schools, I do not think the courts can be justified in assuming that legislation wa3 intended to infringe upon it, unless the language employed, and a mischief existing and attempted to be cured, indicate clearly and affirmatively tint such a result was really intended. "If it M ere conceded thst the language of the statute is equally susceptible of a construction which would make the use of the new books in our schools compulsory which I do not think the result would be the same. Nothing is better settled by all authority than that in that caso the interpretation must be adopted, 'which will bring the new statute into agreement with the old one, avo.d repeal by irnpl cation, and give eflect to the principle that repeal by implication shall not be favored. "It follows as a conclusion that the fifth paragraph of the return is good upon demurrer. If other books had been adopted and in uso in the schools of the township, with the approval of the defendant, tiie statute does not require hint to supersede them. The new books could not at present be used in the schools of the township, and, inasmuch as the duty of the defendant is only to provide them 'for use in the schools,' he has not failed in its performance." JUDGE FRAZEK'S DECISION.

The Scliool-IJook Company Xot a Monopoly -Iii Law vtand. Indiana; olis 'ews. The decision of Judge Frazer of Kosciusko county on the school-book question leaves the ring of rascals, whose plundering this law choked olf, cold comfort. The decision affirms the constitutionality of the law, and not only this, but oilers with it an obiter dictum that the legislature could make the law compulsory where it did not. It brushes aside the whimper which the corruptionists set up, that the public officers could not be compelled to wait on the people in supplying thern with school books. It a'so makes an end of tne imbecile chatter about the present supply being a monopoly, and, m so doing, it speaks of the scoundrelism of the old rinir in its supply of books to the people. As to compulsion, the iudge holds that the present law does not declare this, leaving this point open to the local authorities. But as the law imposes a standard as to certain books both in quality and price,; it would certainly limit the local 'authorities in that regard. They couldlnot buy poorer nor more expensive books. We mav expect a final clearing up of the question from the supreme court, and then'if there has been a loop-hole left in the present law, the people will stop it up at the next legislature. The school book plunderers are going to be driven out of Indiana, bag and bageasre. They may just as well make up their minds to that. And it is the beginning of their exodus from other states; which is why they are fighting so desperately here with their suborned newspapers and anonymous lying circulars. Good Common ene. Terre Haute Express. J Judge Frazer of Warsaw has decided that the school book law is constitutional ; that additional duties can be imposed on trustees without providing compensation therefor; that the state may prescribe what books shall be used in the common schools, but that "where the schools were supplied with a tuflicient number of hooks for the use of the pupils therein, which were in all respects equal to the new Beries, and satisfactory to pupils, patrons and teachers, and their use approved by the trustee, the law does not require him to certify the number of books required for use to the county superintendent." This would seem to he trood common (tense as well as xool law. That the pupils, patrons and teachers were desirous of using the new and cheaper books is no longer disputed, except by the paid agents of the old book trust fraud. SCHOOL BOOKS IN MONTGOMERY. A Trust Agent Predicts the Benton County Dec on Good LfTecisof the Law. To TnE Editor Sir: On Nov. 9 a prom inent book agent of Crawfordsviile informed a prominent citizen of this place that a decision was soon to be made against the Indiana school law and gave to our citizen the substance of the Benton county decision a3 it was afterward rendered. This same agent proposed to the Waynetown gentleman that, if he would assist them (meaning the firm of which he was azent) to get rid of the Indiana school books, said Waynetown man would be handsomely provided for and given a lucrative business. We send this because it supports the charges made by The Sentinel. It would be interesting to know how this Crawfordsviile book agent knew, before hand, what would be the decision of the Benton county judge. There has been no complaint about the new books, except by one poor, illiterate, sore-eyed pauper, who wanted the township to pay the robber prices rather than have his children taught inthe new books. Outside of paid agent, there is nowhere in te county any complaint against the new books, except from the pauper element, which depends upon the trustees cf the several townships to buy books for their children. Marked copies of the Indianapolis Journal are being sent to prominent teachers in this locality. One effect of the echool-look law is already apparent. In spite of the eflorts of the octopus, assisted by three of Montgomery county's republican trustees, Montgomery county ha to-day 259 more pupi.fi in her schools than in any year under the high-priced book system. The Union township trustee advised his teachers not to use the new books, but after two or three of his teachers found they had to either teach the new books or lose their licenses, there has been no more trouble in Union township, and that tool of Van Antwerp, Bragg & Co. et al. will be compelled by the patrons of his schools to give a better showing of his school than he has ever been able to do before. . Fuily 95 per cent of the children of school asre in Montgomery county are now in school. Such has never been before known in the history of the county. WaynetowTi, Dec. 2. Snigg. The Last Rort. Ipaniport Pharos. Beaten at every point, so far, the school-book octopus that has robbed the people of Indiana of millions, cow resorts to the courts in an attempt to maintain its hold upon the purseatrinus of the people. Will the supreme court field to the demands of the monopoly? The ndianaDolia Journal ao wiVs it.

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JlJlllUiJjl AL HID 11LAU, MADE CHAIRMAN OF WAYS AND MEANS Jndge Kel'.ey Kef ose Longer to Serve The Hills Introduced The N'w Legislation Propofeil The Tleef Investigation Other ATasliingtoa "ews. Washington, Dec. 9. Speaker Tteed has announced some of tho most important committees of the bouse. There is some surprise that he should have named all tarilF reformers on the democratic side of the ways and means and that Pig Iron Kelley's name docs not appear among those of the members of that committee. This latter is explained by the fact that he wrote to Speaker Heed, requesting to be excused from further service on this laborious committee on account of his age and the present condition of his health. The speaker thereupon provided an honorable place for him by making him chairman of the committee on manufactures and naming prominent men as his associates. The committees announced to-day are as follows: Ways and Means McKinley, Burrows, Eayne, Dinglev, McKenna, Payne, IaFollette, Gear, 'Carlisle, Mills, MeMillin, Breckinridge (Ark.) and Fowler. On Appropriations Cannon Butterworth, McComas, Henderson (la.), Peters, Cocgswell, Beiden, Morrow, Brewer (Mich.), liandall, Forney, Say res, Breckinridge (Ky.) and Dockery. On Manufactures Kellev, Burrows, E. B. Taylor ((.).), Arnold, Morse, Sanford, Wilson ( W. Va.), Bynum, Williams (111.), Grimes and Fowler. E.ections Kowell, Ilouk, Cooper, Haugen, Lacey (Pa.), Dalzell, Bergen, irecnhalge, Comstock, Crisp, O'Ferrell, Outlnvaite, MaLh, Moore (Tex.) andWike (Iii.) Mileace Lind, Townsend (ra.), "Wallace (Mass.), Clunie, Pennington. PROPOSED LEGISLATION. IJills and Resolutions Introduced in Both Huiises Yestrrday. Washington, Dec. 9. Among the petitions and memorials presented and referred in the senate to-day were the following: By Mr. Edmunds Of Bishop Dudley of Kentucky and others for the incorporation of a kind of annex to Howard university for the purpose of improving education among the colored people of the United States; and (in connection with it), a bill for the incorporation of a theological hail in that university. By Mr. Payue Of students of citizens of Oberlin, 0., in favor of civil service reform and prayiej; God to hasten the day when the competitive system will be applied to all national, state and municipal appointments. By Mr. Quay From the Pittsburg chamber of commerce, for legislation to promote trade and commerce. By Mr. Manderson From the 6tate board of agriculture of Nebraka, in favor of Chicago as the site for the world's luir in 1S12. Petitions from various states iu favor of a national bunday rest law; and one from Iowa against the passing of such a law or of the Blair educational bill. Among the various bills introduced and referred were the following; For the admission of the state of Idaho into the Union. For the purchase of a site for a building to accomodate the LT. !S. supreme ccurt. Lxteuding the privileges of the mail, free of postage, to historical societies. For the erection and locati "i of a bronze statue of C hristopher Columbi. . By Mr. Plumb To equalize I anties to soldiers and sailors of the late war of the Union. To prevent the insue of passes to oüicial personages. By Mr. Tlatt For the admission of the state of Wyoming into the Union. To provide a temporary government for the territory of Oklahoma. By Mr. Blair To secure to the people the privileges of rest and relipious worship, free from disturbance by others, on the lirst day of the week. For a constitutional amendment, conferring on the District of Columbia representation in the two houses of congress and in the electoral college. To restrict the nse and sale of opium in the District of Columbia and iu the territories. Mr. Sherman orlered a concurrent resolution, which was referred to the committee on foreitrn relations, requesting the president to invite, from time to time, as tit occasion may arise, negotiations with any government with which the United States has, or may have, diplomatic relations, to the end that any ditferences or dispute between the two governments that cannot be adjusted l y diplomatic azencies niny be referred to arbitration and peacefully adjustrd by such means. Mr. Turpie ollered a resolution that the proposed penal enactment against trusts, allectinj commerce among the several states, should provide for the seizure of trust poods, on lawful warrant and information, and for the forfeiture, coufiscation and sale of the same. He asked that the resolution be laid on the table and gave notice that he would call it up to-morrow for the purpose of submitting soma remarks upon itMr. Morgan offered a resolution, which was agreed ' to, instructing the committee on foreign relations to inquire ami report as to the best method of increasing trade, commerce and intercourse between the people of the Free tate of Congo and the people of the United States, and as to what impediments, if any, exist in our diplomatic relations with the Free State of Congo and other powers, standing in the way of such trade, commerce and intercourse. A resolution offered last week by Mr. Aldrich, as to a joint select committee on rules, wa amended (at the suggestion ot Mr. Edmunds), and agreed to, instructine the senate committee on rules to prepare and report a code of joint rules on business between the two houses, conferring and actiDir concurrently with the house committee on rules. Mr. Pierce introduced a bill to create the ofliee of surveyor-general in North Dakota. Mr. Manderson ollered a preamble and resolution (which was agreed to) instructing the committee on agriculture to report on the subject of the production of sugar from beets, abroad and in the United States, and what legislation, if any, is necessary and desirable to promote and accelerate the industry of this country. The following resolutions were introduced in tixj house to-day and referred: Directing the clerk to pay to the widow of Neal S. Brown, late reading clerk of the house, a sum equal to one year's salary. For the appointment of a select committee of nine members to which 6hall be referred all propositions relating to the arid lands. For the creation of a committee on immigration to consist of eleven members. For the appointment of a world's fair committee to conxist of nine members. A joint resolution was passed appropriating "200,000 for the printing of 400,000 copies of the agricultural report for 1SS1. THE BEEF BOYCOTT. Witnesses Tell How the CMcngo Crowd Control ed 111 ng. Washington, Dec. 9. The investigation of the dressed beef business was resumed this morning by Senator Vest's social committee in the rooms of the senate committee on commerce. Senators Vest, Coke and Farwell were present and conducted the examination of witnesses. Dr. Charles B. Purvis, surgeon-in-chief of the Freedmans' hospital, was the first witness examined, lie makes contracts for supplies. This year Armour & Co. have the contract. Last vear. he said, presumably. Armour Jc

Co. had the contract, but it was made in the name of Scannel. The ryt-f was delivered to the hospital iu wagons of four dillerent lirms, in terms of about a week each. William II. Hoover testified that he is a butcher in Washington. He aid that Mr. Carroll told him last spring it would not be wise for him to bid on government contracts; for, if the witness or any of his friends got any of these contracts, the Chicago beef men would not sell the witness aDy meat and would drive him out of the market. Witness, however, did bid and secured some small contracts, whereupon the threats outlined bv Mr. Carroll were carried into effect. None of the agents of the Chicago firms Armour ei Co., Swift & Co. and Nelson Morris would sell witness meat nor anv of his friends who tried to purchase for him. Complaint was made to the Chicago hou.-es direct bv witnesses through an attorney. Armour Ä Co., and Nelson Morris answered, raying that they did not countenance any such proceeding. In order to test the genuineness of these letters, witness took a friend and endeavored to buy meat ot the representatives of these Chicago firms but could not do so at th market rates. They asked him two or Ciree times the regular rates and they have never since sold him any meat. Gen. Omohundro, Washington sale-man for Nelson Morris, was called to the stand. "You have heard Mr. Hoover's statement?" asked Senator Vest. "Yes, sir." ,:Is it true?" "Yes, sir." "Did you have instructions to sell to hira at prices 2 or 3 cents above the market rates?" "I did." "For what reason ?" "No reason was given." "Are these instructions now in force?" "No, sir." Witness said he furnished meat to the Hamptoninstituto, Virginia, and to various government institutions in this city, at regular intervals. He did not know who had the contracts; had been told his employer had one, but never seen it. John Hoover, brother of W. II. Hoover, confirmed the statement of the latter as to the representatives of the Chicago dealers to sell him (witness) meat, because he had bought for his brother. This boycott lasted a month or six weeks. It was lifted while the committee was in the West pursuing its investigation. "Any of them will sell to me now," ho said. Santus Authe, a butcher of twenty-fivo years' experience, accompanied Mr. V. II. Hoover in his round to the Chicago dressed beef agents, and confirmed the latter's testimony of the refusal of the asrents to sell them meat at all, at tirst. and afterward only at prices largely above market rates, SURPRISED THE GUESSERS.

David J. Brewer ol Knnoi Nominated For the Suprt-me Court. "Washington, Dec. 4. The president to-day surprised the guossers by nominating David J. Drewer of Kansas for the vacancy in the supreme court, occasioned by the death of Justice Stanley Matthews. Judge Brewer is about fifty years old, and a native of Smyrna, Asia Minor. His father, the Dev. Josiah Brewer, was a missionary to that country when the justice was born, but returned to this country when David was three years old. The appointee graduated from Yale college by a strange coincidence in the same class with Judge Brown ot Detroit and John Mason Brown of Kentucky, both of whom were prominently named in connection with the appointment. After a year's study of the law in New York City, Mr. Brewer removed to Kansas, where he early took a prominent place in his profession. He served two terms of six years each on the bench of the supreme court of that state, and had entere! upon the third term when President Arthur appointed him judge of tiio Eighth judicial circuit to succeed George W. McCrary. . Justice Brewer is a nephew of Justice Stephen J. Field, his mother having been a member of the famous Field family. Voorhees on the Tariff. Washington, Dec. 5. fn the senat to-day Mr. Voorhees offered a long presmble and resolution in reference to tariff taxation, which he asked to l ave laid upon the table for the present. It declared that all existing' tariü" taxes on foreign merchandise should be so revised, repealed, or amended, as to provide: (1) For the collection of asuflicient amount of revenue. to pay the expenses of the government, economically administered; the principal aud interest of the publie debt as they fall due, and liberal pensions: but not a dollar more. ('') For the taxation of all articles of luxury at t he highest practicable rates, and for the reduction of taxes on all necessaries of civilized life, 6uch as salt, sugar, woolen goods, iron, steel and other staple commodities to the lowest possible rates consistent with a thrift' for revenue for nothing but revenue. (.') For the curtailment and overthrow, as far as possible, of all monopolies in trade by the enlargement of the free list to the full extent that the same can be done without impairing and endangering the necessary revenues of the povernment, having in view at al times and under all circumstances, a liberal policy of trade with the people of foreign countries, and the establishment of equal and exact justice amongst our own citizens, with exclusive privileges to none. Mr. Voorhees will hereafter call up the resolution and address the senate upon it, . Fifty-Hri Congress. Senate, Dec. 3 The president's messege was read, and, on motion of Mr. Sherman, was laid on the table and ordered printed. House, Dec. 3 The president's message was read and referred to the committee of tho whole. Messrs. Payne, Hetty, Carter, Culberson (Tex.) and Cummings were appointed a committee on worlJ's fair. Senate, Dec. 5 A petition was presented from D. 1- Webster asking that the national title be changed to "The United States of Columbia." Many bills and resolutions were introduced and referred. Insalls was re-eiected president pro teiu. Adjourned to Monday. Houe, Dec. 5 A communication from Se.rct-at-Arnis Leedom announced CashierSdcott's dcfalcati"n and ssked for a committee to investigate Mr. Leedora's account. This committee was appointed: Adams, Stewart (Vt. l'ayue, Heed (la-). HolmaiV Blount, Hemphill. The speaker also appointed the following committees: Un ltules The speaker and Messrs. McKinley, Cannon, Car. isle and Randall. On Accounts Messrs. Spooner, ßoothman, Kelly (Kas.), MeCord. liansbrough, Hayes, Urimes, Lee and Kerrfl'a.) On Ktirolle 1 Bills Messrs. Kennedy, Townten1(l'a.)l Moore (N. II.), Kilgore and WiUiams. O'-siIp at the Capital. Bond purchases Registered 4s, $'113,900 at 127; registered 4s. $104,000 at 104;. Mrs. S. Scott Lord, the sister of Mm. Harrison, is reported to be in a critical condition. Senator Piatt yesterday introduced a bill to provide Oklahoma with a territorial government. Many government deposit banks report that they will increase their circulation by utilizing the bonds dow held as security for deposits at a basis. The senate committees will probably be named to-day. tnator Moody is the only senator to secure the chairmanship of a committee that on Indian denredatijns.

THE TUESIDENTS VISIT.

ONLY HIS RELATIVES MEET HIM. Thi Ch'pper Little ltntv McKee C.lres nil Ornmlpap a Cordial Greeting Kpubl.cans Fail to Toot the Tin Horn or Wade Through the Mnd. The irrepressible Baby McKee was in all his glory at the Union station at noon Saturday. The strangers in the waiting-room did not recoenize this precocious youngster until iu grandfather fathered it in Lis anus and paced Hirouirh the lar'e room to the private carriaes waitiii;,' in the court-j ard. There was no crowd at the ttntion when the train bearing the president, and party pulled in at 1-' :"(, and no demonstration wn made by the few people that were there. The train was a special one on the l'an-Hand'e known as No. 21. It consisted of but two cars one a combination bairaire-Citr and the other a director's car. It came direct from Pittsburg, making but two st' P-i. At Richmond the presideut spoke a few words to the lonrcers about the train. When the train reached the city the lirst person to get oil was the president's va'et, Charles linier. He busied himself looking after the bai'ease, while a (rroup of colored men azed at h'.in with open-mouthed admiration. Stjn-in-I.aw McKee, wife and baby and Messrs. William Wallace and Theodore Haut;hey greeted the president a he came through the gates. Mr. and Mrs. J. S. Ciarkson followed the president, while Private ccy. Halford and Russell JIarrisou brought up the r ar. Miss Wana maker decided at a late hour not to make the trip. Mr. McKee formally invited the party to bee. .nie lin cuests while it the city. The president smiiincly accepted, but Mrs. Ciarkson laughinirly replied that then would be too many in the lamiiy and that her self and hushand would have to decliue tht kind invitation. The presiiiei;t, Mr. arid Mrs. Robert McKee and the baby were- bundled into the family carriage of tne McKees arid driven to their residence, No. 418 N. ler-iiies-ee-st. The remainder of the party took carnages for the NewPenison, where lunch had Leen prepared for them. Lat-r in the afternoon they were driven to the McKee residetice. There were few callers during the day Riid the party returned to the hotel iu the evening. The nervous 'Lige wan iered about the hotel corridors and shooK hnnds with runny of his edd friends. He and Atty.-Gen. MicheDer were in dt-ep consultation for a short time. The erst ashist&nt postmaster-general was introduced to a number of local republicans, and chattel with them n few minutes before retiring to his rooms. He is a well-hui.t man, similar in cut to bruce Carr. Mr. Halford told a reporter that the trip had been unusually quiet. The rcrty will attend services at the First presbyterian church this morniiur, he said, and will probably receive personal frier.ds of the president in the afternoon, leaving this evening at niiduight over the Pan-Hatidle for Chicago. The object of the v sit wet is to attend the opening of;he Chicacro Auditorium Monday evening, at which place the divine l'atti will bine. Richmond, Dec. S. pecial.1 When the train having on board President Harrison and pitrty pulied into the depot yesterday therA were not a hundred people present to greet him, although his comin had been heralded by the newspapers. There were positively na local politicians present, and not a cheer waa given. The president appeared en the platform of the car without being called and vai evidently disappointed at not finding a great crowd to greet him at thi first towu in Indiana, and it the banner republican city ot the state, too. He twirled a piece of paper in his hand, on which Mere written some notes, but he did not use them, as no one cal'ed for a speech, lie, however, asked to be excused from making one. It was a forlorn spectacle, but he might have expected as much, as he has j;iven Richmond the go-by, except in the appointment ot two negroes to in!nor ofiires at Washington, and the political workers are exceedingly 6ore. Prince Rus came over from Indianapolis early in the morn inc. but even he failed to arousa any enthusiasm for his .sire. YOUNG DEMOCRACY Receives Enriiira; ment from Ex-Frest-dent Cleve land. Cleveland, Dec. 5. The Youn? Men'c democratic club of Canton, O., celebrated the second anniversary o President Cleveland's tariff raessaere to congress to-nicht with speeches, a banquet and bail. Col. C. S. Price and other well-known democrats were present. Letters of regret were received from ex-President Cleveland, Gcv.-elect Campbell, tx-Gor. loudly. Congressman Mills and others. President Cleve'aud's letter was es follows: "New Yokk, Nov. 22. 1 am pleased withtha invitation you extend to Mrs. Cleveland and myself to be present at the anniversary meetin? of the Young Men's democratic club oa the 5th day of December. If the exercises you contemplate and outlined ia your li tter are carried out. all who attend them are certainly promised a rare exposition cf iound doctrine from th eloquent and al !e speakers you have secured, lam sorry that, ow in,; to other engagements, we must be among the absent ones. The spirit end tone of your letter, so far as it relates to th nuiposi-t of your c.'ub, are very g'Ptifying. The coii'-'ant y tr.'wii.'j inK-ret manifested by on r you nz men in the principles of the democratic party constitute, iu my opinion, the iuot relia ble hope of their a.-ct ndancy. lfatanytims in the past it has with any truth been said that cur party did n-t invite to its staudard the enterprising and thoughtful young men of tha country to-day, such an allegation shall be disputed. And those nun, keenly alive to theil country's welfare, ;uiek to discover the needs of the present, and ready, in the freedom ot untramm'.led thought, to follow in the pathway of good citizenship, can be safely trusted with political responsibilities. Hoping your meeting will be try successful, 1 am yours truly, Gkover Cleveland." BURNED AT THE PIER. ' Tonr Men I-use Th ir Livrs and Mauy Ar i Iiarily Horned. ! New Yoke, Dec ".A fire broke out at tha river end of the National steamship pier No. 30, North riv r. shortly before 2 o'clock this j afternoon. The steamship Holland which arrived this morning was docked and a gang of I men started to clear the pier so as to make ready for the steamship cargo. While they were thus working, Foreman John Dunn discovered lire a:uonir a nnmler of hales of cot ton near the end of the pier. About twenty-five .men were at work near the spot, borne of them remained to assist in pur.ing out the flames, the others fleeing to the street. Those who stayed behind were nil badly burned, and four lost their lives. Their names are not known, but the bodies were recovered. The following is a INt of the injured: J. S. Hölting, fare burned. Samuel I)u;c;s, face end hands burned, !:lhekt Fakmck, face burned. Ja.mks Jacobs face and hands burned. Kirrs. cht'ckinselerk, severely burned about the head and hody. All the injured were taken in ambulances to the ISt. Vincent hospital. A lot of tug hauled the steaushipilol'aud out of the stream. The p.cr was destroyed. Loss, $200, IVO. A MiMiona're Mnker. North V.-rn.'n Plsiti.l f alor rep.1 The new school books have now been received by all tne trustees and are for sale. As sonn of them have just come to hand it would be nnr reasonihle to lorce them upon the pupils thit year, but next the law will force thein in as i matter of course. If they prove a rood series of text hooks the change will tie welcomed, bu( if as bad as their enemies represent they will be dear at any ui 'tiey. The new system is a monopoly, hut not worse than the old. A more soulless and oppressive monopoly thnn that of Van Antwerp, Pracg i Co., w hich his extorted excessive charges frofh consumers and. dealers under the old law, never existed. No similar enterprise has turned out millionaires with such rapidity and certainty as thst which publishes the Rclectio series of school book. j Still S ovil ,g Its Terth. j Evsnsville Courier. ! The school-book rine is still showing Irs teeth in this state. Like tr-y other greedy welt, it doesn't intend to give up without a bard fiuht-

.J.