Indiana State Sentinel, Indianapolis, Marion County, 7 February 1894 — Page 3

THE INDIANA STATE SENTINEL, WEDNESDAY MORNING. .FEBRUARY 7, 189 i-TWELYE PAGES.

GAMA'SACTOFWAR

Ha Fires on the U. S. Cruiser Detroit, Which Is Escorting an American -Bark, And Is Promptly Answered with a Shot. A SHELL FROM THE DETROIT Reaches the InsurgentShip But Does Little Harm. The Brazilian Admiral Then Fires a Broadside And Threatens to Sink the American Boat UNLESS SHE STOPS FIRING. Tho American Bark Then Lands at the Wharf, With No More Warlike Moves by the Insurgents. Jteport of the Surrender of Gama to the American. Inlrrntine tnrHnn Ire Ihr- Line of Internalionnl I)lpir if he Hebrlllou Admiral Is an Amcrlenu I'riioorr Admiral Hen li a m Uanr m Statement of the Klent leading I p to the Incident The cws Ml (he Xavjr DrpurlmriilIlrporlx C I'll rther I.oaee by rlito Men in the Son h Th Ilrnxilinn llnltr at YYaahlostnn Tail .if tin- Affair. WASHINGTON. Jan. SO. At a late liwir tonigbt tho following details from the official advices of tho navy department are learned concerning the incidents on tho 29th at Rio de Janeiro. Previous to the 20th Admiral Benham lial communicated with Admiral DaGama. warning him against firing upon American ships and refusing to allow the Insurgent commander's excuse, that he gave warning concerning where the clanger line was. The commanders of ihreo American ships having signified their desire to go to the wharves on the Inornlng of the 29th tho American admiral t?ent word that he would convey them. lie also pent word to Admiral l)eGama to that effect. Two ships were conveyed to the wharves by the Detroit, the insurgents' warships following them. When nearly 4U the wharf and while a tug was taking a cable ashore, the insurgent warship ppened fire, sending a volley of musket phot under the bow of the tug. The Detroit answered with a warning 6hot and the lnaurgent h!p then sent a shot over th Detroit. The Detroit in reply sent & shell which reached a portion of the tern of the insurgent ship, doing little tlamage. The insurgent commander then fired In warning a broadside to leeward In the rirposite direction from which the Detroit lay. This being answered by another shot from the Detroit, the lnsurjcentg signaled that unless the Detroit Teased firing they (the insurgents) would Hink the American ship. The language which was used by the American admiral in answer to this pigjTial waa of such a nature that the incident eloeed for that day and the ships Srere allowed to land. The names of the hlps which were landed are not given in the official dispatch from Kio. The question raised In the dispatches this afternoon as to what the United States government would do with Admiral DaGama and his forces if he has jteurreridered to Admiral Benham Is exwriting considerable interest in official -circles here. . The statement that he may have so surrendered in credited. It is supposed that If he surrendered he did so with 'otne assurances or promises from the American admiral. Officials are wondering what promises may have been made and w hether or not Admiral Benham may have promised too much. Admiral DaGama, it is understood, has violated none of the laws of the United States, and he could not La turned over to the Brazilian government ij this government. f.rrat Itrllnln' Tullcr. LONDON, Jan. SI. Lord Roebery, foreign aecrretary. writing in reply to a correspondent, pays that he regrets the deplorable täte of affairs In Brazil. The government, however, he sets forth, canrot depart from Us general policy of non-intervention In the affairs of a forHgn state, but. he add, the British naval officer in command of her majey's fleet at Rio de Janeiro is giving the name protection- to British subjects as other foreigners are receiving from their Jival offloers from their respective governments. AOMIItAI, RKXIIAM' STATEMENT it the Ca one LfmdloK I p to the el dent Itej vrs t'oagralala tiona. RIO DR JANEIRO, Jan. 30. (Copyrighted 1894 by the AsociaUvi Pres.) Tbe following statement has been made to th Associated Prews correspondent by Admiral Benham, commander of the United States fleet in this harbor: ' "The insurgent forces on Cobras island lat Friday flred upon a ship flying the United State flag. I protested to Ad.miral Saldanha da Oama against this

action and Ms response wan that he bad warned the commander of the ship When It was at the bar "at Rio Janeiro as to the whereabouts of the danger line. I ordered Admiral da (lama to cease tiring. Both the guns on the Island of Cobras nnd the guils of tho Insurgent warship Trajano opened fire Saturday upon the bark Agate, a vessel hailing from New -York. 'l warned Admiral da Gama. at once that If the Uro was repeated I would fire, back. I also warned him that if he touched an American ship or American Kts I w'ould consider him a pirate. -I tnld him that I would protect American proierty absolutely from the tire of his guns, and that I should retaliate upon him for damage done unless it was entirely apparent that the damage was due to Chamo shots." Admiral Benham says that ho notified Admiral da (Jama unofttclallly that firing by the insurgents upon the wharves for the purpose merely of creating terror and to prolong a blockade would not be permitted so far as Americans and American vessels were concerned. To this communication tho insurgent admiral made no answer. The captains of American vessels. Admiral Benham continues. Intimated that they wanted to go to the wharves and the American admiral notified Admiral da Gama that it was his intention to convey them at sunrise on Monday. Fearing trouble Admiral Benham ordered that the vessels of his fleet be cleared for action. The three ships referred to were the Amy, the Good News and the Julia Rollins. The captains of two of the ships weakened and failed to come into the harbor. The Amy was the only one that ventured In and Fhe was escorted by the United States cruhvr Detroit. As a piecaution against any issiblo aggressive action on the part of tho Insurgents, the cruisers New York, Charleston and Newark were assigned to watch the actions of Da Gama's ships, Aqnldaban and Tamandare, while the Detroit and the San Francisco were signaled to take positions near the Trajano and the Guanabar ba. Inflective Precaution. These precautions certainly pmved effective and. the insurgents, in face of the formidable array of American vessels, made but the feeblest attempt to hinder tho Amy's progress, to her wharf. No guns were opened upon her by Da Gama's vessels and, as n matter of course, the American vessels did nut lire upon the insurgent ships. The insurgent protest consisted of this: As the Amy got abreast of the Guanabara a marine on the last named vessel aimed ft musket at her and fired. Two musket shots were fired at the Guanabara and the Trajano from the Amy's escort, the Detroit, In return. This was all the tiring done during the Amy's trip, and it was enough. All opposition ceased at once and the use of heavy guns was not considered necessary at any time. The reason that the other two ships whieh had notified Admiral Benham that they wished to go to their wharves failed to do eo is that their commanders were persuaded from entering the harbor by a man of the name of Rollins, who is believed to bo aj?ent of an Knglish firm which has been furnishing the rebcl3 with money. (ama. In n Und Way. At a later hour Admiral Da (lama conferred with his officers upon the advisability of surrendering to the Detroit in consequence of the musket shots fired. Vie vas dissuaded from doing so, but it is thought possible that he may yet decide to surrender to the American commander. There Is no doubt that Admiral Da Gama Is In a bad way. A proposed compromise has been refused by Pelxoto's government and it seems to be only a matter of time when he will have to give up the struggle. The complications of the insurgent situation are increased by the absence of Admiral de Mello. The failure of the latter admiral to arrive here to the assistance of the insurgent fleet has given rise to the report that he is dead. Admiral Ilenham Coneratulated, The commanders of sixteen warships here, including Ave American and four English and French, have sent messages to Admiral Benham congratulating him upon his prompt action. The Austrian commander cleared ship and made ready to help the American admiral In case help was necessary. Alarming reports have been received hero of government disasters at Curutlba, Paranagua pnd Antonina. It Is stated that these places have been captured by the Insurgents and that the government troops have fled, abandoning their arms and munitions of war.

Opinion of Senntnrm. WASHINGTON, Jan. SO. Senator Sherman, the senior republican member of th,e senate committee on foreign relations, expressed great interest In the Bravilian news brought by the Associated Press bulletins. Being requested to express an opinion as to what course was probable In view of the circumstances on the part of the American government, he said: " I don't court war, but when we get Into it, I am for fighting it out." Senator Quay exclaimed: "A war on and no money in the treasury?" and added: "We shall have to protect our Interests In Bravilian waters at any rate. -I hope," said Senator Cullom, "that the American warship. will knock them Into the deep blua sea," Upon reading the dispatch Senator Gray of the foreign relation committee said: "I have great confidence in Benham and his nerve. He Is a man who has Impressed me most favorably. He haa a strong and yet a kind faoe and reminds one of Farragut. I am glad he is there, as I am sure he will protect American interest. I think he has done the proper thing so far and believe his coureewill continue to be such as to command Ute support of the American people." A m bil or liaynrtl Talk. of It, LONDON, Jan. CO. Ambassador Bayard, In an Interview with the Associated Press representative regarding the reports of firing between the United States warships and the Insurgent vessels at Rio de Janeiro, said: "Should the news prove true it will probably be phown that Rear Admiral Benham was merely protecting peaceful commerce and that no breach of the blockade had been committed, a no blockade has been proclaimed. Real Admiral Benham'a action, as reported, does not indicate political interference; it seems to have been simply a defensive measure. The latest news received here indicated what was likely to hapien. In my opinion it Is the duty of the ships of any power to protect merchantmen. I cannot, therefore, believe or think that it U likely that there will be any objection by any other power to Admiral Benham's action." SOCIETY LADIES TO THE RESCUE. Help In Saving- tbe Life of a Dronn. ne- Mau. CHICAGO, Feb. 1. Prominent society ladies who had gathered at the residence of Mrs. John C. Coonley on the lake shore drive to attend a reception to Miss Julia Marlowe, aided last night in, the rescu of a drowning man. The guests were startled by cries for help coming from the lake and with their escorts reached the sea wall and encouraged the men who were taking from the Icy water Albert Hulgrina, a carpenter, who had tried to end his life In the lake. The man was carried to the reception rooms, resuscitated and provided with dry clothes and money. Safe and sure, Dr. Bull's Cough Syrup.

BETTER LET IT ALONE.

that is tub Anvici: or a rno.MiCT ATTORNEY. If the Fee and Salary Law Should Be Held I nconnt ilutional tlie Iteeorilera . nnd Auditors CoalU Collect Neither l'ee Nor Sa Inric Hence the Pertinent Ail Ice, The recent decision of the supreme court in which tho act : known at the en and salary law, passed in 1S9L was declared to be constitutional so far as sheriffs and circuit court clerks are roneerned. but widt h scorns - to imply that, if called upon by Piersons who are affected and therefore have the right to call upon the courts for a decision, the supreme court would declare that the law Is unconstitutional in so far a it affects the offices of treasurer, recorder and auditor, has aroused the holders of these 'alter offices over the state to a determination to test the law on their own behalf. At least this, is the expressed determination of a few of them and they are simply the prime movers in the matter and are only waiting for the encouragement of a sufficient number of their fellow officers to make the start. A. R. Tucker of Hamilton county was chairman of the executive committee appointed by tho county officers to push the te.st case from Vig county, which has been so adversely decided regarding sheriffs and clerks. He has issued a circular calling for a meeting at the Grand hotel in this city of all the treasurers, auditors and record en for the purpose of leginnitig a suit which will cause the supremo court to pass upon the law as relates to ruditors, treasurers and recorders. In a conversation with a prominent lawyer yesterday on the subject a, Sentinel representative, came to so the matter front a jmlnt of view which. )terhars, has been overlooked by the officers themselves in tlelr anxiety to nullify the odious act. The attorney said : "I notice that the county recorders and auditors are considering the propriety of testing the constitutionality of . the fee and salary law In s far It regulates their offices. If these officials will consult some gol lawyer they will reach the conclusion that It Is the part of wisdom to let this matter alone Just as fast as they can. You see tho recent decision in tho sheriff's case declares the law valid as to the latter. This means that the clause in tho new law, which repeals the eld law, Is valid. Now suppose the recorders and auditors were to secure an adjudication that the new law is unconstitutional as to them, what would be the result? Thev would find that there was no law under which they could collect either fees or salaries. That part of the new law, as to recorders and auditors, would thus be eliminated, but the repealing clause and other portions would be left and thus the old law would be repealed. Better let it alone!" The (ourt'ü Declaion. The supremo court decided that the "fee and salary" act of 1 SOI is constitutional in so far as it refers to the office of sheriff, and in the opinion prepared by Justice Coffey, refuses to question the validity of the act regarding other offices. The act in question was passed in 1S91, and notwithstanding the governor's veto went into effect throughout the state as fast as terms of officers affected expired. It was entitled, "An act fixing the compensation and prescribing the duties of certain state and county officers, and providing penaltiea for the violation of its provisions." The act materially lessened the compensation of nearly all state and county officers and was regarded with disfavor by them. The suit to test the legality of the act was brought by J. W. Stout, sheriff if Vigo county, who attempted to collect fees under the old laws from the etate auditor, and when payment was refused, filed ä petition in the Marion circuit court, on which an alternative writ of mandate was issued by Judge Brown requiring Auditor Henderson to issue" warrants for the payment of the amount demanded or to appear before the court and show cause why he refused to do so. To this petition and alternative writ a demurrer was entered by the defendant. This was overruled, and the defendant failing and refusing to answer further, a preemptive writ was ordered, and from that action and judgment the appeal was taken to the supreme court. The appellees claimed in their contention that the act was unconstitutional: 1. That it violates sec, 0, art. 4, of tlws fctate constitution, which declares that every, act shall embrace but one subjeot matter properly connected therewith, which subject shall be expressed In the title. 2. That it violates sec. 12, art 1. which requires that justice shall be administered freely and without purchase; completely and without denial; speedily and without delay. 3. That it violates sec. 22, art. 4. which provides that the general assembly shall not pass any local or special law In regard to fees and salaries except that the laws be so made as to grade the compenfation and the necessary services required. 4. That it violates sec. 23, art. 4, which provides that all laws must be made general throughout the state. Judge Coffey says: "The constitution only requires that a proper subject of legislation should b expressed in the title and not the particular features or details of the law. If these relate to the subject expressed it satisfies the constitutional provision. The title of an act need not go into details, it Is sufficient If It Indicates with reasonable precision and clearness the subject embraced. "An act concerning highways' is a very general term and yet could properly and legally be the title to a variety of constitutional acts. Xor is an act Invalid because It includes details not mentioned in the title, if the details are germane to the general subject designated in tho title. It is always necessary to designate in the title or an act the subject of the legislation, but it is never necessary to mention the matters which are properly connected with the subject. The act does not contain the multiplicity of subjects as contended by the appellees. Some of the matter mentioned as subjects are properly connected with the subject, while others are simply divisions of the subject." Regarding the tecon.J contention, of the appellees the , opinion says: "It is competent for -the legislature to provide for the compensation of public officials by salaries. If it should see proper to do so W6 know of no provision of the constitution that would forbid the exaction from persons requiring aid and who are specially benefited by the performance of official service, a reasonable compensation therefor, to be paid into the public treasury to reimburse the publlo for the expense Incurred in providing and maintaining such officer. It is not essential to such exactions that they should Inure to the personal benefit of the officer. The officers are but the agents of the täte for transacting the public business, md it is in its nature a matter wholly immaterial to those requiring their services whether the amount to be paid therefor goes to the officer or into the public treasury, provided no more is exacted than is Just and reasonable for the facilities afforded and the service, performed. If the exactions ara called taxes they, beconvi

KNOWLEDGE Brings comfort and improvement an J tnds to Personal enjoyment vben tightly used". The many, who live better than others and enjoy life more, with less expenditure, by more promptly adapting the world's best products to the needs of physical being, will attest the value to nealth of the pure liquid laxative principles embraced in the remedy, Syrup of Figs. Its excellence is due to its pre Renting in the form moßt acceptable and pleasant to the taste, the refreshing and truly beneficial properties of a perfect laxative; effectually cleaning the system, dispelling colds, headaches and fevers and permanently curing constipation. It has riven satisfaction to millions and met with tho approval of the medical profession, because it acts on the Kidneys, Liver and IJowels without weakening them and it U perfectly free from every objectionable substance. yrup of Ffcrs ia for sale by all druggists in 50c and $1 littles, but it is manufactured by the California Fig yruj Co. only, whose name is printed on every package, also the name, By nip of Figs and being' well informed, you will not accept any substitute if oilered. none tho Jess such, as to those on whom they are imposed, by being paid to the officer, than if paid into the public treasury." The last two contentions of thj appellees are treated together by ihv Justice. He says in substance: "If tho contention! of the appellees, that, because the law did not go into effect until the terms of officers then incumbent expired, the law was local because, under its terms, officers In different counties would be drawing fees under different laws, should- hold it would be impossible to change the salaries of the judicial officers of-the state Ijocause it is expressly provided in the constitution that the salaries of tl.ese officers shall not be changed during the term of the Incumbent. A statute, which is of general and uniform operation throughout the state and operates alike upon all persons under the same circumstances, cannot be open to the imputation of being local or special. "It is contended that tin liw is local and special in that it tails to fix the salaries of the auditor, treasurer end recorder of Shelby county. It docs, however, fix the salaries of the sheriff nnd clerk of this county. The principle that a statute can be valid In part and invalid In part Is elementary. If the parts depend upon one another as conditions, considerations or compensations for each other, fo as to warrant the belief that the legislature intended them as a whole and, if they could not be carried into effet, that the legislature would not have passed the residue independently of that part which Is void, the whole act is void. On the other hand, if the parts are such that one or more parts could be carried into effect without In any way being modified by tho omission of the parts which are void and It is a reasonable supposition that the legislature would have passed the parts Independently of the void parts, such parts must be held as valid. "The argument Is that the law embraces one scheme and if any portion of It fails then the whole scheme falls. There Is as little connection between the duties, as such, of the recorder of a county and the sheriff as there is between the duties of the attorney-general of the state and the type-writist of the clerk of the supreme court and the duties are as distinct from those of the. county treasurer as the duties of the clerk of the supremo court are from the duties of the circuit court judges. The law was a direct blow against the evil of taking illegal construction fees. In view of the evil it corrects, we think the general assembly would have passed this part of the statute relating. to. sheriffs and clerks Independent of its' relation to auditors, treasurers and recorders. Having reached this con?lti3ion, the rule that we will not decide a constitutional question when not necessary to a decision of the cause upon its merits, applies, and we will not, therefore, Inquire as to whether the statute la or Is not valid na to auditors, treasurers and recorders. "Ths title of the act includes county sheriffs and the compensation is based upon the population of the counties. AVe must assume that the general assembly had before it all the needr-d Information on which to intelligently base the salaries. There may be irregularities in the act, but they must be relieved by the legislature and not by the courts. We are of the opinion that the law, so lar as It relates to sheriffs, is not subject to the constitutional objection, urged agairst it and that it Is as to this, a valid law. It follows then from this that the circuit court erred in overruling the appellant's demurrer to the complaint in the cause. "Judgment reversed with directions to the circuit court to sustain the demurrer to complaint." A dissenting opinion was handed down by Justice McCabe. He agrees that there was not a plurality of subjects cmbraced in the act, but considered it special because It is made applicable to those elected after it takes effect. It Is local because of the omission of the treasurer, recorder and auditor of Shelby county. To uphold the law with reference to the sheriff or to any of the offices, he gays, would make it more special than ever. Other Supreme- Court Devlftlon. 1S.7TG. Biard, etc., vs. James I. Gwin, herirr, et al. White C. C. Keversed. McCabe. J. 17.104. State ex re!. Ivdgar Howard, prosecuting attorney. Clurk C. O. Affirmed. Hackney, J. J5.3n. Goar, Hentt & r-0. vs. Parah A. Shaffer et al. Cass C. C. Affirmed. Howard, o. J. 16.57J. Joseph "Wolfe vs. K. & T. H. railroad company. Sullivan O, C. Atlirmed. Coffey, J. 17.C74. : Bartholomew J. Murphy vs. state. Tippecanoe C. C. Dinmissod. 16.VU0. William IT. Thompson et aj. vs. Connecticut Mutual -hfe insurance company. Lake C. C. Motion to dismiss postponed until final hearing. 16.1L'S. William T. S. Comet t et al. vs. Thomas Hough et al. Marlon. Petition for rehearing withdrawn. 16.5C2. William Spencer vs. Alice K. Spencer. White C C Reversed. Hackney, J. 1B.2M. Alfred Thompson vs. Muria McCorkle. Jasper C. C. Motion to modify decision and mandate overruled. Bailey. J. 18.9S9. Joseph Hetro vs. Heber fcUoddard. Porter C. C. Affirmed. McCabe, J. 16.177. Amanda A. Button et al. vs. Alfred Thompson et i. Jasper C. G. Rehearing denied. 17.02Ö. John O. Henderson, auditor, vs. state ex rel. James W. Stout, sheriff. Marion O. ('. Beversed. Coffey, J. McCabe, J., dtwuen In. 16,63:1. Marlon Batue vs. Tiobert H. Taylor et al. Sullivan C. C. Affirmed. Dailey, J. 17.1C7. Joseph T. Brashear et al. vs. city of Madison et aL Jefferson C. C. Affirmed. Howard, C. J. 16,913. Oeorge Martin vs. James MeCullouh. administrator, et al. Harrison C. C. Beheaiinpr denied. 16, W7. Kzektel S. Gray vs. James M. Singer, administrator. Ripley C. C. Dism'.ssd. Hackney. J. 16.988. Joseph Sego vs. state ex reL Heber Btodaard. I'orter C. O. Affirmed. McCabe, J. Affirmed on the authority of Sego vs. Stoddard. 16.4C9. Edward Fulk vs. Bevi . V. Beaver, et al. Lawrence CO.. Affirmed. Howard, J. 1103. C JL -railroad, com&iuiy Yd.

Tra us f erred. Howard, C. J. 17.10X Limo City building and lnn association vs. Harvey C. Black. Huntington C- C Rehearing denied. 11,071. Pennsylvaxiia. company vs. Oliver B. Sars. Allen C. C. Kehcaring denied. McCabe, J. l(j,-ti. Marlon Ferjruson et at. vs. John M. Hull et al. 1-a.ivretiee C. C. Affirmed, liley, J. lrt.T.i;i. John G. Offutt vs. John T. Cooper, trustee, et al. Jackson C C. Affirmed. CotTev. .1. Hi.r.rj. Edmund (J. Cooper vs. L. E. & W.r railroad company. Wells C. C. Affirmed. Howard. J. , 17,061. Frank White vs. state. Jay C. C, Reversed. Hackney, J. W.907. Havid K Thomas vs. Rhoda Jjoore. l'nvette ". '. Dismissed. 17.ft?i. Hiram Kerlin vs. Isaac Keynolds. Can-oil f. C. Reinstated. 17.1 10. Lilly ct al. vs. Somerville. Montgomery C. Motion to dismiss jnistponed until final hearing. lrt.r.l'l. William W. Williams et al. vs. Julia A. Froshour et al. Cass C. C. Affirmed. Hackney, ' J. 16.T.27. John C. Craves et al. vs. state ex rel. Cole, auditor. Crawford C. C. Affirmed. Dailey, J. 17.17S. leorge Sines vs. state. Henry C. C. Affirmed. McCabe, J. .591. Fernando C. Orb et tlx. vs. Triscilla Coapstlek. Clinton C. C. Affirmed. Coffey, J . 1t!,r40. Ceorgo W. Starkey vs. James Starkey. Sullivan C. C. Affirmed. Howard. C J. 16,fSS. Amanda McDonald vs. Richard 11. McDonald et al. Clark C. C. AfhrmfHl. Coffey, J. 1H.164. Newton Jackson et al. vs Howard S. Stanfleld. St. Joseph C. C. Reversed. Dailey, J. 16.60S. Fidelity & Casualty Co. vs. Teter. Clinton C. C. Reversed. Hackney, J. lt$.o87. Wood vs. Ohio Falls Car company. Floyd C. C. Affirmed. McCabe, J. lrt.r.CG. Bell et al. vs. Marsh, trustee, et al. Clinton C. C. Affirmed. Howard. C. J. FT. WAYNE ATHLETIC CLUB. w.wrs to im rim Tim coiiiu:tt. jalkson riMir. l.eller to the (Governor Cnmlinu" Test of the I.mv liovernor 3IiiIIIicvtb Hegrards the JIaltcr n Alremly Setlleilllc AMU Not IVrmit the l-'liiht oil Indianit nil. Tho following letter received at the governor's office is self-explanatory. The Ft. Way no athletic club is a recently organized and incorporated institution, but. in the short time of it3 existence It has become well known and prominent äs a local club for social purposes and athletic training. It has a handsome dub house and grounds and its membership does, as the letter states, embrace so mo of the leading citizens of P't. Wayne. The letter, however, would never lrud one to guess that fact. It is us follows: "FT. WAYNE, Jan. SI. '94. "The Hon. Claudo Matthews, Governor of Indiana: "Dear Sir The Ft. Wayne athletic club Is a regularly organized and incorporated Institution and its membership comprises some of the wealthiest ond most influential citizens of Ft. Wayne. We an desirous of getting the Corbett-Jack-son scientific glove contest to take place under our auspices, provided we can do so without violating the law. The recent Corbe-tt-Mltchell affair proved conclusively that there is not one-tenth as much brutality In a well-conducted glove contest as there Is in a single game of foot-ball. Roth contestants at the recent affair at Jacksonville apieared in the streets within an hour of its termination and neither of them gave outward signs of having engaged in such a contest. "As stated in the commencement of this letter, we are desirous of and to that end wish to test the legality of such a meeting in the courts. To that end we wish to arrange a contest under precisely similar conditions and Invoke executive interference. We will then carry the matter toTne upper courts and upon the decision or the courts we will rest. If the courts decide such contests illegal we will drop the matter entirely and abide by the decision. If the courts decide thi contests within the pale of the law we would then proceed with our arrangements. The object of this communication is to ascertain whether such a friendly test of the law would be agreeable to you. .Hoping to hear from you at your early convenience, we remain, resiectfullv' yours, "FT. WAYNE ATHLETIC CLUB. "LOUIS HEILBRONER, Secretary." The letter was a surprise to Governor Matthews and he was somewhat puzzled to know what reply to make. He considered the matter carefully and yesterday wrot? the following: "INDIANAPOLIS, Feb. .1, 1S94. "Mr Louis Heilbroner, Seeretary Athletlc Club, FL Wayne, Ind.: "Dear Sir Your of yesterday Is Just to hand. You stato that the Ft. Wayne athletic club Is 'desirous of getting the Corbet t-Jackson scientific glove contest to take place under our auspices, and to test the legality of such a meeting In the courts you propose to 'arrange a contest under precisely similar conditions and invoke executive Interference.' In reply I most courteously and positively decline to enter into stich a 'friendly test of the law.' I regard the question as already having been settled by the courts, and have that faith In the sheriff, prosecuting attorney and other conservators cf the peace in Allen county to believe that they will vigorously inforce tho law. Without entering upon a discussion of the merits or demerits of such contests, I beg to assure you IhHt the Corbett-Jackson prle fight will not take place in Indiana. Very respectfully CLAUDE MATTHEWS." TORE DOWN THE FLAG. Some i. A. It. Comrades. (;uilty of an 1 n patriotic Act. HIAWATHA, Kas., Jan. 20. A sensation has been caused here by the action of a few members of the local G. A. R. post in tearing down the flags raised by the ladies of the Equal suffrage association to commemorate Kansas day. The ladies had hc.ng across the main street two flags, having the regulation stripes, but three yelIowr stars taking the place of the regulation fort3'-four in the field. This isv the regularly adopted emblem of the national suffrage association, two of the stars standing for the states of Wyoming and Colorado, which grant the right of suffrage to women, while the third tar, just showing above the edge of the lield. is supposed to represent Kansas. A few local grand army politicians, headed by one of their number who had Just paid a fine of 3ft0 for violating the prohibitory law, saw in this a desecration of the flag and proceeded to tear the offendingemblem down. The better element of the tJ. A. R. are said to condemn the action of their comrades. Konnd In . Pool of IHootl. LIBERTY, Feb. 3. Special. Charles Rodifer, a prominent contractor of this place, fell from his stable loft this evening and received Injuries that will cause his death. He was found In a pool of blood which had flowed from his eyes, rose and mouth. His skull was fractured in three places. Mr. Rodifer will leave a young wife. He belonged to a very prominent family. I Core Xervounneaa nnal Constipation. Dr. Shoop's Restorative Nerve Pills sent free with Medical book to prove merit, for 2c- stamp. Druggists, 25c. Dr. Slua-'J?, Box X, Racine, .Wis.

Towie. Barter C. C.

A LEBANON NEGRO'S CRIME

KIlAXlv HAO, ritIMl ALLY ASS.tl L.TS - A NVHtTIJ NVOMAX. Mrt. Mary AVer Iii Victim Tho Itavi'hrr JtroHglit It 'I bin t'ltr to 'Avoid lol Violence Ha igorously De nies the Charge - Sunday afternoon Frank "Hall, a robust and exceedingly dark-skinned negro, Charge! with rape .and threatened with mob violence at Lebanon, was brought to this city by herift John F. Troutman of Boone county, tinder an older of Judge Field of the Boone circuit court, and placed "ln-hind the strong bars of tho Marion county jail for safe keeping. Hall is charged with having on Saturday night, between 9 and 10 o'clock, gona to tho house of Mrs. Mary Akers, four miles east of Lebanon, ami represented himself as a cab driver from Lebanon, ami that he had brought some of her friends from the city. Mrs. Akers admitted him, when she was confronted by an ugly-looking itol in the hands of Hall, who forced her to yield to his let herons desires. The victim of the outrage is a married woman, having several children. Her husband is absent from home. As soon as possible Mrs. Akers clothed herself and with her children went to her nearest neighbor and told the story. Assistance was summoned and tracks leading front her doorstep in the snow were followed until tlc y b-d directly to iiaii's house, one mile farther east from the Akers home. II was a nested, taken to Lebanon and lodged in jail. News of th brutal offense l-anie circulated early yesterday luoruinjc. and about I o'clock. Sheriff Troutman received information that a movement was on foot to drag Hall from his cell in the jail and hang him without nn-rcy. The sheriff at on c consulted with Judgo Field, and by hini was instructed thurry Hall into an adjoining county in order to prevent the anticipated lynching. Hall was therefore rpiickly placed in a carriage and behind a Iu5t team was driven to Indianapolis. Sheriff Trouümn said he had. after r-eiving Hall, taken him to the home of Mrs. Akers, who, with her children, positively identified Mm as thvi man who committed the assault. Hall was seen at the jail Sunday nlnht by a. Sentinel reporter. "There i. not a word of truth In this charge," said the negro, "and I will be able to prove a good alibi. Saturday night I was at a watch raffle in Lebanon and remained until a considerable time after tho assault was claimed to have been committed. I walked straight homs from Lebanon, and the tracks I made in the snow were those followed up by the men who arrested me at my house. I asked to lis taken before Mrs. Akers and the sheriff refused my request. It was my father who brought word to the sheriff that a mob was going to take me out of the jail." Hall's father is a farmer who has lived near Lebanon for the past eleven years. Frank married in this city and remained hero only a short time. With that exception he has lived with his father during the residence of eleven years ir Roone county. He displayed considerable intelligence and protested his Innocence, saying he had no fear of the final result if only a mob could be made to keep its hands off of him. An Attempt to I.jncl Hall. LEBANON, Feb. n. Special. About 10 o'clock this morning a mob began moving up and down the streets, making loud threats and calling for men to join them. The cause t the disorder was the crime of Frank Hall, the colored man who outraged Mrs. Mary Akers, an account of which was given in ll.ii morning's Sentinel. The neighbors and relatives of the wronged woman were determined to see that Hall did not escape punishment, anil they desired to prescribe the penalty. At 31 o'clock a crowd of twenty or thirty men took up their march for the county jail, where Hall was confined. The preliminary examination was held In the jail just after noon, and there Hall acknowledged his guilt. The result of the preliminary was soon knDwn and the enraged mob became even more determined, but owing to the usual peaceable character of the men Sheriff Troutman anticipated no s'ious trouble. At 2 o'clock an. attempt was made to take the prisoner to the court house for his plea. No sooner had he appeared, in charge of the fcheriff and his assistants, than the crowd ru?hed for him. A rope had been prepared and the mob secured possession of the prisoner for a moment. The rope was placed around the negro's neck by a woman, but the officers regained control of their prisoner and succeeded in cutting the rope. One man had climbed a tree and was wildly crying, "Throw me the lope." Marshal Oden and Frank Dailey displayed signal bravery and heeded not the pistols pointed at them, but clung to their prisoner. The mob had iosscssion of the sheriff. A rough-and-tumble fight ensued, during which the negro was pushed into the court house. The trial was extremely short. The affidavit was read nnd a plea cf guilty entered. Judpe Neal assessed the punishment at twenty-one years' In the northern prison. Fifty deputies were sworn In to carry the prisoner to the train, where he was taken in safety and started on the journey to Michigan City. Never before was such a scene witnessed in Lebanon. Men lost their reason and thirsted for revenge. Strange to say, no one was seriously injured. The crowd was induced to disperse by sj leeches from Judge Neal and others, but the most ardent of the leaders were loath to prive up the object of their wrath. All good citizens, while expressing no sympathy for Hall, were anxious to see the law take its course, and by hard efforts they won. ANS WEIt TO COItltESl'ONUE.Vr. Louis Eitel, Vernon A trust or combine can be formed under a free trade system, but it haa not the opportunity to raise prices that it has under a protective system. Protectionists concede that a tariff raises prices at first, but contend that the prices are afterward lowered by domestic competition. The object of all trusts Is to destroy competition, and if foreign ' competition is shut out by a tariff all they have to control is domestic competition. Under a free trade system the trust must cover the whole world or it must give the jieople the advantage of anti-trust competition. Under a protective system the manufacturers of the country by combining can force prices up to the level of the tariff barrier and meet foreign competition -at that point. CURES RI51NG "MOTHER'S FRIEND" SÄfSÄ oflored chili-bearing woman. 1 have been a mid-wife for many rnr. and in each cafe where "Mother's Friend" bad been used it has aocnmplisbeft wonders and relieved much Buffering. It U the bet rmely lor rising of the bret known, ami worth tho piice for that alone. Mas. M. M. Ürcmtr, Moutgoioery, Ala. Pent, by nrm, cnariref prepaid, on receipt cf price, $1 JO ir bottle. BRADFIELD REGULATOR CO.. Cold by all druffisU. ATLajrCA, Aj A,

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Broncflitis

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