Indiana State Sentinel, Indianapolis, Marion County, 21 June 1893 — Page 3

THE INDIANA STATE SENTINEL. WEDNESDAY .MORNING, 3 ÜNE 21, 1893 TWELVE PAGES.

DPEH EVERY SUNDAY

"Will Be the Regulation at the World's Fair. Chief Justice Fuller Decides the Question. REVERSES WOOD'S RULING. The Action Settles the Question Permanently. Feeling In Washington Over tha Outcome. Novel Parade of Foreigners la Mid. way l'l&isance Yesterday Executive Commissioner Haien Talks About the Misrepresentation Concerning the Inritations tor the Indiana DedicationOther Invents at the Fair. Chicago, June 17. Chief Justice Fuller this morning overruled tne decision of the federal circuit court, which issued an inyinction restraining the directors from opening the fair on Sunday. He decides for the U. S. court of appeals and remands the suit to the circuit court. Justices Bunn and Allen concur in the opinion. The decision means to a certainty that the world's fair will be kept open on Sundays, and settles the case for all time, as an appeal would hat to go to the supreme court of the United Stated, which does not meet until October, when the fair will be ended. Every seat was taken fully an hour before the time announced the court would decide the case, and standing room was soon exhausted. The crowd was so dense that not one of e many feminine eight-seera in the corridors succeeded in gaining entrance to the court room. Chief Justice Fuller, in rendering the decision, spoke aa follows: Deeroiug it desirable that this matter should be disposed of at once we hall announce ti.e result at which we have arrived. poetpouiDif, for want of time, the fall expression of our views, which will hereafter bs siren. The appellees bare submitted a motion to dismiss this appeal, opon the grounds that the jurisdiction of the oircnit court was in issue, tbat the ease involved the construction or application of the constitution of the United Hate i and the constitutionality of a law of the I'nited States was drawn in question therein; thtt, therefore, the appeal for a final decree, would be to tLe supreme coirt of the United States and not to this court, and henee this appeal, wh.oh is from an interlocutory order, cau not be maintained under See. 7 of the judie:ary aot of March 3, lS'Jl. We do not understand that the power of the circuit court, to determine the ease, was denied, but ihdt the appellants contended that U:e I'nited St rites bad not, by their appeal mads a case properly cognizable in a eourt of equity. The objection was to tbewantof equity and not the want of power. The jurisdiction of the circuit court was therefore not in issue, and wimin the intent and meaninf of the law, so far aa the meaning of the instruction of the application of the constitution of the United States and the constitutionality of the laws of the I nited States are concerned, we are of tLe opinion that the order we are called upon ti review involved or drew in question neither one nor the other in the sense teat the action of the circuit court was invoked. The disposal of proceedings of the disposition of the contention rests upon the ground as to whether the decision bad any reference to the construction or application of the constitution, or the validity of aots of congress in respect of that instance. And the eonolusion npon which the order was baaed were invoked aa conitructioDS of that charneter. The jurisdiction of this court to review can not he defeated at the instance of the appellees, because tLe constitutionality of the acts upon which they rely might have been challenged by their adversaries. The motion to dismiss is over ruled. The question to be determined is, whether open this circuit a preliminary injunction should have been granted. The bill pleads that the defendants are usurping unlawful authority over the exposition and grounds, and in virtue tuereof assume to open the gates on Sunday In contravention of the aots of congress, notwithstanding "such opening would be of great injury and a gr.erous prejudice of the common publia good and to the welfare of the people of the I'nited States." ft is not contended that any property interests of the complainant will be injured by the threatened aotioo, nor is there auy allegation of irreparable injury or probable loss by such action. Itut it is said that the intervention of the oourt may be rented upon the protection of the United States in its possession of the grounds of the exposition. The furnishing of the 5,COO,0OO souvenir coins was a condition (upon the local corporation by the United States thut it would provide all additional sums nceaary for the complete construction of the work prior to May 1, ly.J, and was subject to two other coaditiona subsequent, namely: the payment by the corporation of all expense, costs and charges of the Brest departments of the exposition and the closing of the exposition on Sunday. In view of the vast previous expenditure of the corporation, and the extent of the obligations assumed, the rights of all the parties son-ct-roed and the nature of these conditions subsequently, we do not think this a proper case fr the rule in question, nor can we ooucur in the proportion that the appropriation of the f.'.iO'MU') amounted to a charitable trust, upou certain conditions warranted. The application was made for the purpose of aiding in defraying the cotof the completion of the work, an 1 to be paid over on vouchers for laborJJoue, material furniihsl and services " Dear Sisfcr, 44 They charge you with bein;? restless, irritable, excitable, and exacting. ''They don't know the horror that oppresses you. " Every hour pains run rampant through your body. You suffer secretly as long as you can, then go all to pieces and 'don't care' what happens. " The iron grip of female disease is upon you. Dear sister, Lydia E. Pin:hams Vegetable Compound has cured thousands like you. " It has cured me, and I want to tell everybody. M It kills the pain. No more backache, no more 'bearingdown,' no more restless days and sleepless nights. Oh ! what a blessing! tike jt and.be well! ffL it's a sin to hes- vK-rOs, itzte." Afrs. P. YvJ Hamlin, N. . fß LtOtA Ii. 1-1.VKM4M AUi. JJ3J Co., Li . v, AI a s. sjC Lydia K. TirMhum'a (1 ss Liver Fills. i'J ccuis. yfc

DISEASES OF THE LIVER: BILIOUSNESS, DYSPEPSIA, CONSTIPATION, HEADACHE. Tbe disorders eaa be eonqnered at onee by the use of öimmoBi Lirer Kegu ator. An Kflirncious Itemedy. "I ran recommend a an fficaclou remedy for dljeases of the Lifer, Headache, Constipation, and Irippsla, Minraoni Liver lteuiator.'' Lewis U. Waudar, Assialaat roilmu ter, Philadelphia. performed in the prosecution of that work. It was au appropriation for the hentfitof the looal corporation, to help it out of its financial di faculty, and to enable it to complete its undertaking, and as such does not come under the accepted definition of a charitable gift for the benefit et an indefinite class of persons, io far as the purpose of the appropriation subsequently made is concerned that purpose had to be accomplished before the money oould be paid over. The court might interpose the United States in' its possession, but it is the local corporation that is in actual possession under the law of the state, and of the ordinance of the South park commissioners. The possession is recognized by the acts of congress as essential to the construction and administration of the exposition by the corporation. In that construction the corporation has Invested f 16.000.CCC under circumstances that preclude the view that the United States have exclusive administration and authority in the premises. It is perfectly clear that coogress never intended that the government should become responsible for the construction of any of the buildings exoept its own, or for the work proviJed for by the appropriation. However, it was intended that the exposition should reoeive the sauction of the government, and in that sense, as remarked by Chief Justice Waite, in the Philadelphia case, be impressed with a national and international character. Of course the government baa a qualified possession, but we find nothing in this regard upon which to base an intervention of a court of equity on that ground. We cannot now discuss tne various questions necessary to be considered, but which will be treated of in the opiniou to be filed. It la sufficient to say that we oannot acoept this case from the ordinary rule which requirea to the exercise of jurisdiction in chancery some injury to property, whether actual or prospective, some invasion of property or civil richti, some injury irreparable in its nature and which oannot be redressed at law. 1 his is not such a case and the result is we hereby refuse the order, and the oase is remanded for further proceedingsnot inconsistent with these conclusions. Chiel Justice Fuller's clear, positive Toice was audible to the remotest hearer. It was with difficulty that cheers were repressed in the court room, and there were outburst of exuberant satisfaction by many before they had gotten without tbe hearing of the court. Judges llunn and Allen gave vent to no utterances whatever, concurring in every point as spoken by the chief justice. The decision aa given above is the complete text, shorthanded verbatim. THE NEWS AT WASHINGTON. Attorney-General Oluey Disposed to ltegnrd the Ju-Htlon Settled. Washington', D. C, June 17. The opinion of the court of appeals in deciding that the world's Columbian exposition at Chicago shall be opened on Sunday was received here by a press bulletin early in the afternoon. Attorney-General Oluey, at a late hour this evening, had received no official announcement of the fact. He said his department had a clear record in the case, and had exhausted every legal means to enforce the mandate of congress in the matter. It was generally acknowledged that the act of congress in regard to opening the world's fair on Sunday was couched in language eulficiently dubious to make its intent doubtful, and that both those who favored the opening of the fair on Sunday and those who were opposed to it had plausible ground to stand upon. It eeeined to him that the end had now been reached, though he was cot entirely sure, not having carefully examined the law, but that an appeal should be taken to the supreme court of the United States. This, however, would eeem to be useless, as the court did not meet until October, and before the eame could be heard in that tribunal the fair would be closed by limitation. He could not see that any injunctions should be thrown in the way of opening the fair on Sunday, but as the matter was in the immediate charge of U. S. Attorney Milchrist and two able assistants, he had no doubt that they would exhaust every legal meana known to the law to uphold the intent of congress. While he saw no means in sight, perhaps those who had been more intimately associated with the case than he would yet discover some. Other matters of a complicated character, he said, would undoubtedly grow out cf this decision. For nstance, the donation by congress of $2.500,OUO to the fair had been coupled with the condition that the fair should not be open on Sundays. The decision of the court f appeals that the fair could be open on Sunday and the well-known intent of the local directory to open it on Sunday, would eeem to imply on their part a disregard for the condition upon which the money was granted. The local directory had already received in round figures Si.UOO.OOO. Could not the government, he asked, now proceed by legal means to collect the money advanced aa the condition upon which it had been received had been forfeited ? It was certain, to his mind, that the government could not now give to the world's fair authorities the $000,000 still retainel in the treasury, but which had been appropriated upon certain conditions. The condition was that ecurity for the $0O,'iO should be given. Up to today this money would have to have been paid by the government had the security been furnished. It had not been furni.shed and so had been retained in the treasury, but now, in view of the decision, even if the security were furnished, the government could not payout the money to the world's fair people. Doubtless he would be confronted with a proposition to take steps to recover the JIjOj.UUO already paid out. Ho had not yet eeu the text of the decision, or seen published the exact grounds upon which the decision was granted and, therefore, be could not cay what course he would pursue. Perhaps the gate money could be impounded to reimburse the government, fctill he wss entirely clear as to Una and would have to consider the matter moro in detail. Another question aflected by the decision was the government exhibit. All the departments of the government had exhibit at the lair, and all the appropriations male for them were coupled with the condition that the exhibits should not be opened on Sundav. It was entirely clear that the government exhibits could not be opened on Sunday, but the conditions imposed might have gone further and might prevent the government exhibits from being open on any day, now that it bad been decided that it was legal to open the world's fair on Sunday.' lie hardly thought, however, that the law would bear this construction. Numberless other Questions of minor importance

would come up, he said, for decision and action in view of the opinion rendered today by tne court of appeals. PARADE IN MIDWAY PLAISANCB.

Jioel Liue of March Ity tli Foreigner at the Fair. Chicago, June 17. Special. This afternoon at 2 o'clock may be 6een on the plaisanoe a eight unequaled in any country in the world, a parade of the foregn nations. Yesterday the sight was grand, though in some respects a ludicrous one. First cid a splendid German band playing martial music; then came the inlanders looking hot and uncomfortable in their fur hoods. There were dogs and reindeer, men. women and children. A wierd chant announced the natives of Dahomey, clad ingayly striped cotton clothes Native musicians made a noise of the drums and a company of genuine Amazons marched and san. The Chinese made the gayest appearance. All their canopy and banners were richly studded with spangles and gems. The feature of the parade was a huge dragon seventy-five feet in length held up by men walking underneath. Ilia scales were ablaze with spangles and his head was ferocious. A boy walked in front of the swaying monster and dazzled its eyeball of fire. The Persian women richly clad rode in tho Columbian chariot. The whole village of t.'ario was out on camels and u company of lierce looking natives wearing thousands of shells pranced along brandishing swords. The beauties of the Moorish palace attracted attsntion'and the little band of Bedouins sang aa they walked. The Turkish delegation wearing long garments outnumbered the Moorish. There were Hags with white crescents and banners saying, "Pray for the peace of Jerusalem. " They prosper that love her." The Irish villa tro had its piper and peasant dancing. The outh fcfea Islanders made a reat deal of noiee with their drums and the bushyheaded warriors looked frightful to behold. An American delegation aud a "congress of beauties" wound up the parade. SATOLLI STARTS WEST. Will Visit St. lul, Yellowstone Park anil Other Points. New York, June 17. Mgr. Satolli, the apostolic delegate, and his party from the Catholic university left Washington yesterday for the extended tour through the West which has been arranged for him. The start from Washington waa made quietly and none knew of the delegate's departure. St, Paul will be tne first objective point of the journey toward the Pacific. There the ecclesiastical party will be met by Archbishop John Ireland, who will entertain the papal representative for a sutlicient time to permit the foreign visitor to study the coun try and to inepect 8t. Thonjas seminary, which is uader the care of Archbishop Ireland. When the little company resumes its tour westward it will be installed in the sumptuous private car of James J. Xi ill. the president of the Great Northern railroad, which he has tendered for the use of the travelers. Mr. Hill and Archbishop Ireland will remain with Mgr. batolli during the continuance of the trip. Although not a Roman catholic. President Hill aud the Archbishop of b't. Paul are on the niot intimata terms. It is said that Mr, Hill gave half a million of dollars toward the building of tit. Thomas seminary. Ihe next stop will bo at tielona, where a few dav9 will be passed. After leaving Helt na the Yellowstone park will be visited, aud every object of interest will be shown to tho deiedte in that picturesque tract, BOYCOTT BY HIRED GIRLS. fJvanäton's Aristocratic Ladies Under the Ban of Domestical. Chicago, June 17. The hired girls of the aristocratic suburb, Uvanston, have boycotted a number of the most prominent ladies of that suburb, and not only will not work in the households that are under the ban, but are doing all they can to prevent the places being filled. It is stated this evening that the "domestics' " freeze-out is proving moat effective. The motive of the boycott is revenge. The hired girl are getting back at the women who tried to do away altogether with hired girls some time ago by organizing the i Ivan-ton co-operative housekeeping association. The co-operative association was a failure, a high-priced chef and irregular deliveries of cooked edibles resulting in financial disaster. Now the woes of the fair stockholders in the ill-starred association i re at llood-tide, the hired girls' combination having so far proved relentless, laughing to scorn oilers of higher waget and numerous days oil". UNDER MARTIAL LAW. Lumbermen Keluse to Give Up Their Fight at Tonawanda. ToNAWAxriA, N. Y., June 17. This village is now under martial law. At 2 o'clock this afternoon President George W. .Stanley issued a proclamation calling upon everybody to abstain from violence and declaring the village under martial law. The iHuance of the proclamation created considerable excitement and people tlock about the printed circulars and reed them ea?orly. The lumbermen held a secret meeting this afternoon. Tuey decided to never give up this fight. Agents of the lumbermen's exchauge have been diepatchei to New York, Philadelphia, Pittsburg and Poston to collect laborers to take the strikers' placoa and it is expected that they will return Sunday with plenty of non-union labor, which the military will protect. There is a total suspension of business here at present. A FORGER ARRESTED. Kenneth Adam Will De Drought to This City. Kenneth McKiotie Adams was arrested at Mansfield, O., yesterday for forging the name of ('onprssiman M. D. flarter to a check and uttering the spurious paper. Adams tied from Indianapolis on the night of the 10th of last March. II Lad been employed by N. W. I'.aker, an enlarger of piotares at 1J4 Massachusetts-are., and forging JJaker's name to a rhok on the Merchants' national bank for t-2.60, pssed the fraudulent paper at thesdoonof Martin Buchienman, 105 Massa-cheti-ftve. He left the city and his Indictment followed. Sheri'J Kmmett wrote the authorities at Mansfield that Adams was wanted bare for forgery. Ad ims' wife and children are living in Manshield and are in destitute circumstances. JffT'-rson Confined to His Room. Fa ix River, Mass.. June 17. Joseph Jefferson is yet confined to his bed here, and is kept utterly quint, though his sons say his condition is not alarming. Why Will You Allow your health te gradually fail? If you are closely confined indoors with little or no exercise, and desire good health, ycu must take cars of yourself. Use Sulphur Bitters, and you will hare a sound mind aud a strong body.

CONTRACTOR DANT SCORED

FOR HIS NEGLIGENT WORK AT THE FORD THEATER BUILDING. Faulty Underpinning the Cause of the Col. lapse Adjournment or the Inquest Vntll Monday Kcports of Cholera Infected Immigrants About to Sail. Wasiiingtox, June 17. Contractor George W. Dant was severely condemned by the evidence given today at the coroner's inquest over the remains of the Ford theater victims, although some of those who gave testimony against his methods, spoke highly of bis ability as a practical mechanic and bricklayer. The U. S. government also came in for its share of condemnation for its methods of doing work of construction. Several expert witnesses testified that the best contractors did not care to work for the government. Thomas J. Kane, a contractor and builder, said the government did not want skilled men to execute its contracts, and it would not pay fair prices for good work. The government, said Mr. Kane, while posted itself as to the financial standing of a builder or contractor, cared to know nothing about his skill or ability. An architect testified that the cemeotused in underpinning the piers supporting the old building was "little better th&u mud." A builder said the manner of the work waa suicidal. Ho condemnatory of Contractor Dant's execution of the work beneath the theater were the statements of some of the experts that the jurors made inquiries of the witnesses giving this testimony as to the state of Mr. Dant's mind. One contractor, a friend of Dant's. paid he was not in too good health. This same witness testified that the accident was caused by criminal negligence in doing the underpinning work. During the morning seFsion Juror Hanvey requested the coroner to communicate with Col. Ainsworth, O. B. Brown, chief clerk of the old theater building, Contractor Bant And D. It. Pullman, the sub-contractor, to ascertain if they wished to make any statement to the jury. Mr. Hanvey and other jurors insisted that this did not mean that Col. Ainsworth was accused, or that the jury had determined to hold him responsible in any way. The coroner took the request under consideration. The remainder of testimony was uninteresting and at its conclusion the inquest was adjourned till Monday. Milplond of Rejected Pnssengcrs. Immigration Superintendent Stump received important information today in regard to the prejected shipment from Bremen to New York of a cargo of Russians, previously rejected by regular steamship lines, because of tha danger of their bringing cholera into the United States. It is stated that these passengers consist of Kuseian Poles and Hebrews and that thev have been booked by one Kuno Schweed, manager of Louis Scharlach's concern in Bremen. The steamer has been chartered through a ship broker's firm of Bremen and it seems that it ia still doubtful when the steamer will leave. The passengers hare gradually accumulated in Bremen and are now impatient, running to the Russian consul and to the police, eo that it will be necessary for Scharlach to get the steamer under way soon, if he wants to start her at all. According to last advices the authorities in Bremen have given Scharlach until June 15 to start his passengers. Stump will take action. Indiana Notes. BUKEAC OF TlTE SKNTINRL, KEAC OF TlTE SKNTINRL, ) 1420 New York-ave., V hington. D. C June 17. ) Wabhi: The commissioner of pensions today appointed the following boards of peneion examiners for Indiana: Indianapolis, Drs. W. J. Browning, Krnest Beyer and James I. Booker; Greenfield, Drs. S. S. Booth, U. J. Seaman and William Martin ; Anderson. Drs. C. N. Branch, It. It. Fattio and S. W. Edwins. It is the understanding imonj Indianians here that Editor Shanklin will soon be tendered by the president a position agreeable to his tastes and commensurate with his abilities. Charlie Shindler of New Albany is here and will remain till the president sends him home to take charge of the New Albany postoihee on the 1st of July. Congressman Bynuai and family v. ill return to Indiana and visit the world's fair early next month. Mr. Bynum hopes by that time to have all matters pertaining to his district arranged. The Govrruinent'a Futur Policy. It is probable that the secretary of the treasury, in his annual report, and the president in his message to congress, will recommend the construction of buildings by the government sufficient to accommodate the government force for the preservation of records and the transaction of government business, and the abandonment of all rented buildings as soon as possible. The proposition is now a matter of official discussion, being suggested by the Ford's theater catastrophe. It is probable that the pretfident will, in his message, recommend an investigation and measurement of the capacity of the buildings now owned by the government, the ascertainment of further needs, and the erection of such buildings as the accommodation of the service demands. Freaident Cleveland as Arbitrntor. New York, June 17. Baron de Rio Branco, ien. Cerequera, Rear Admiral Guilobel-Senboa Cautlcanti and Dr. Magaliaees. all of Brazil, were in the city today. Ilaron Branco is the envoy sent to ask President Cloveland to act an arbitrator in the dispute between Brazil and Argentina over possession of the state of Panama. Charles E. Girandot, private secretary for the baron, returned from Washington tcday. He said that President Cleveland consented to serve as arbitrator. Arguments will be presented to President Cleveland immediately upon the arrival of a special envoy from Argentina and the caee will be left for the president to decide. Do you read the testimonials published in behalf of Hood's SarnaparillaT They are thoroughly reliable and worthy your confidence. WEAEC-Fv Cura Yourself -INI FIFTEEN DAYS. I will send I'llKK to any man the prescription of newandpoaltlve remedy to enlarj(u small weak: orirans.anit sure cure for ail weak nes In yonnfror old men. Cures caaes of Loat Manbood, F.miaaiona and Varlem-eie in 15 drys ; disease never returns. Correspondence private; all letters sent In plain sealed envelope. Addrons Chat.bGas rnrnltare l-lr,lmrlill.5tlel. Ioz S07. WEAK INSTANT ItKLIKF. Cur. In IS djr. Nerer returns. 1 will -nü (raled) CftCE iomj fellow aur. fpnrsaproorHtlontoenlarirer ItCW small calr orn. A ium mra for Kmltont.Ixwt Manbood.Kerrous iMbilitf. Vrlrool,eic Artrlrrn Im b. l'raaJtliu. Xiuiu Ulor.XtnULtl, Mk-h-

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