Indiana State Sentinel, Indianapolis, Marion County, 3 October 1894 — Page 1
Cliff
ESTABLISHED 1822. INDIANAPOLIS. WEDNESDAY MORNING, OCTOBER 3, 1891. ONE DOLLAR A YEAR.
HOWGATE CAUGHT.
Former Chief of the U. S. Weather Bureau Is Charged with Embezzling Thousands. ARRESTED INI NEW YORK After Eluding Government Officers for Thirteen Years, Remarkflblo Slory of HI Capture and Escp. lie Wan Lending n Dual Life In WnhItiKlon at the Tlu of III Downfall, ml Aft-r Hein Takrn Into C'utl lir Officers Win t.lveu mi Oppor-tnnltj-to Tnkr n llnth lie Went Out the IlncU Door While III Daughter Wan Singing to the Official In Gollinm n a Hook Seller. NEW YORK, Fei;. 27. Capt. Henry W. Howgate, formerly chief of the weather bureau in Washington, va3 arretted in this city today on the charge of rogery arid the emhezzlerivrnt of $kl.207. committed in ls7s and 1S.D. The arrest is the result of a search which has occupieil the attention of the United States secret service f or over thirteen years. Howgate was arrested in IS'! in Washington, but having totainod the permission of the ofllci-rs to go to his room to dress he escapd through : lie window and has since bufHed all efforts at recapture. With Howgate there went a notorious woman of Washington, for from It was o i - i i . i rrvaiieeo. n roooin rat g overiiiuen i. i no Woman doe nt live with him. It being alleged that -he d-sert-1 liitn as soon as the money was sp.. nt. After having searched nearly 1h whole country foi Howgate, ex-Sheriff Drummond received Information that the fuicitive was a dealer in old books and pamphlets In this city. Every bonk store was visited by tletectlveis without sii.-.-i'.-s. Finally an (ifiii'ff was detailed to watch the auction tales f.-r Howsrate. About two week ago it wis suspected that the furtive wus keeping an old lok .store in the basement of S'O Fourth-ave undT the n.xme of Harvey Williams. Not being sure of the man's identity the authorities in Washington were asked to K-nd a man to the city who was acquainted with Howgate. A clerk in the war department who had been assc.Iated With Ilowgite wa.s Pent. He met II owga.te. but at tlrst wis uncertain of his identity, a.s tlu? latter had changed considerably in the ' -n years. Af'r engttging him in con or? tion the clerk et leng-th became con vituel that the man was II nvgaie and a warrant f . :r his an'i-st was procured fnm Commissioner Alexander. Mr. Immmond s-rve1 the warr.int today i:i p.-rnoii. lie met Howpate coming out of a sior ? at Fourth-ave. an.1 Tenth-st. an 1 sill: '"How are you. Capt. Ili-wpue." The latt-r st.irt-i, but nuk-kly rcaininf his composure a.-ked Mr. Drunnnond what he want.'d. The de;'ctlve toll him. ! an-vert-rl : "All rig-lit; the jiff is up; I am Op', llowgrite." m b -hi .irrait,'iie.l Iwfore Coni-mls-s'oner Alexiind'-r this afternoon Howgate Ud he would wr.ive examination and g" kifk t'. Washington without tr ul-l He w.i-s not i:i a is:tion. h s.iid. to furnish bail, which w -is tieii ly the commissioner at $10,ihm). There are seven indictments pending against Howgate. HIS ESCAPADE IN VASIIlGTOX. Storr of Ilia ("Hpliire nml Kirnpe While Iii Daughter Sang. WASIIINC.TON. Sept. 27. Capt. How-gat-was arrested In Washington in 1SS1 for emlKrZ.Ie'men.t of funds that passed through his hands as disbursing offieer of the signaJ sTvLy corpus. Also for forgi-ry. The total amount involved was J101.2Ü7. He was Indicted on six eouwts before a United States crmmissioner. His ball was iixed at $41.000, and he was returned. He jumped his ball and disappeared. Pubsequen'tly in 1SS2 he reapiearod and gave himlf up to j-tand trial, but he escaped April 13, lSSÜ, and has n t since betn sen exempt by vajrue rumors. The district attorney was infoinr.M several days ago that Howgate hod btcn 1i-fred and would be arresteii. His in forma tion canve from exChief Drununond of the sere't Bervice. It is said that pepl in Washington hhve ten and talked with Howgate on the streets of Nw York several thnes within the last few yens. It iiad been supposed that th feil. "Tal authorities had abandoned the purjse of prosecuting the case. The story of Howgate's exposure and of his relations with a woman named Nettie- HnrHIl im used a grea.t Per.s.ition at The tiiiif. For several years he had brti a double domestic life in Washington. Put a few squares away from the home that contained hLs devoted wlfcs and the daughter who was to ding to Mm determinedly in the dark hours to come, he .supported a woman In luxurious style. When the crash came and the exposure r-t Howgate's dishonesty was followed by the appUUng discovery of his domestic duplicity, few of his old friends turr."d from him. At the jail fc! was treated with more confide5 ration than (Tdinary malefactors. He was o utterly oppwn1 to using the common 1ath tubs In the jail that his kind-heartM guardians relaxed the rules of the institution to the extent of allowing the captain to vfcdt his residence on Thirteenthset, on April 12. 1HH2. Iti order to indulge lavatory luxuriance. Th officers remained In the sittings room while Howgate went up stairs for his bath. It Ls siid that Miss Howgate, who possessed an exqulsLte voice, sang to the guardians of her father and made "time pass so pleasantly that an hour lapsed before 'thy awak- ned to a iropr realization of what they were there for. They asked Miss Howgate to call her father. Sh was gone a longr time and then came back pale and excited. She could not find her father nowhere, she paid. They searched the house and then rushed out and gave the alarm. Capt. Howgate by this time had two hour the sxart of pursuit if it haxj been instituted immediately. It Is thought h wa3 steaming down the river below Alexandria beforo hla duchter had finished singing. He escaped, by goln? out of the rear of the hou when he wa supposed to go to th bath-ronm, and going out Into the blind alley in the rear, turned into the exit runntng out to the street, where a carriage, containing Nettie Burrill waa
' a-waltlnjr him. A search waa imnvdiateI ly made f or him, but he not appre- ; hended, although it was notorious that ' communication was readily established i with him when his friend.' found irt nec
essary for months after his departure. It to fenerally believed that Capt. How-grate -went d.twn the river Immediately upon his escape and took up his residence In St. Mary', a.9 It was well known In Washington that he was continually pen In that neighborhood a-i late as 1SS7. He then went to New Orleans and remained there until he believed 'the secret service detectives were after him. Accordingly he took his departure westward and wa- Keen at one or two places on the Pacific coast. For two years pa?t he had been In the East and made nis home in New York City. District Attorney Birney paid today th.it there would be no trouble in having Howgate here to answer the several indictment? against him either tomorrow or next day. When he did reach here ba.il would be aakrt for in puch an ainoant as to nuike hLs appearance amply secure, and no time whatever would 1? lost In pushing the caees pending against him. There were Just eleven iiUotmenUs pendln? against the captured man, wven of them charging embezzlement and the others charging forgery, all brought in du rin October and Noveimhor, 1SS1. He was reloaded on his personal recognizance in the sum of $10,000. Oct. 8. l.ssi. CHICAGO GAMBLERS INDICTED. I.tkeivlne Owner of Property l'eil for ti a mli 11 nr. CIIICAnO. Sept. 29. The grand Jury investi.citlng gambling returned its final report today, finding twenty Indictments ( against owners of property used for gambling rooms Several prominent people were am"ng lh"se indicted, among them J. Irvine Peanv. nrofrietor of the fherman iK'usf: Owen F. Aldis, th? well-known ! c.ipLa'ist. and James II. Todd, a weaUhy real estate dealer. The grand jury will be reconvene! and the Investigation carried m. ba -ked by the civic federation. In addition to the property-owners about fifty men wer indicted charged with keeping gambling houses. Among those indicted wis .forge V. Hanklns, owner of the New Harkm race track, and his business partner. Willi im Wlghtman. It is saidi anotiier body than the grand jury and the civic federation will explode a big I) -ml) in th" anr.i-gamb'.ir.g agitation. The trade and lab r assembly, it is repined, wir. start a crusade against hightoned gambling. The board of trade, it is said, is to be attacked and Washington park race track is a'.s In line as a place wtlfc-re wealthy people bet their money. Club waiters, it is claimed, will reveal sevretF, and card games, on Michiganboulevard, as well aa on C'.ark-st., will be glwn publicity. During th investigation today Detective Mat l'inkcrton swore that he had positive evidence showing that Mayor Hopkins had received money from thii gamblers. Mr. Finkerton sail the money was given by th" gamblers with the understanding that they were not to be interfered with. The matter was not gone into thoroughly today, but will lo made the subject of further Investigation. Judge Theodore iirentano and his family are in imminent peril. During the last week three -aot were tired Into th family residence at 44." L,a Salle-ave., apparently with murderous intent. Twice the shots passed through a window in the Judge's dressmg room at the rear of the seeuni tl r, on one occasion the judge himself and on th- other Mrs. Frentano narrowly escaping the misr-il in its course. The third sn t was tired while the two Jitt'.e daughters of JaiKc I'rentano were playing in the back yard and seem to have struck against the wall of the building. Judge Hnntano is at a loss to account for the shooting. "I can only explain how the shots entered my dressing room," he said. "It may be the work of some irresponsible party who Is trying to create a u;sturbanoe in the nelgnborhood. At all events I want it understood that I do n it think there has been an attempt at assassination. Thf shooting is at the lies: a piece of criminal carelessness and should lie ferreted out. I have placed the mat ter in Ihr hands of a private .letective : agency an 1 hope that an Investigation will . be followed by go d results. At present; I have learned absolutely nothing that will throw any light upon the mysterious occurrences." NOW A FREE MAN. Former Convict mt Heir to n Fortune of $::2,ooo. BUFFALO. N. Y Oct. l.-This was a Klad day for Wllhnm Farrow of Olaan. This morning he was a prisoner in the Ilrie county penitentiary grinding out a sentence fur a petty crime. This afternoon he st-pid out a free man and the heir to a fortune of $.12A About five weeks agu Furrow waa arrested at Olean for stealing tlue? bottles of whisky. He was brought to Luffalo and set to work In the pen. He liuJ servel les than a w"-k when word came from Chicago of the death of Elizabeth Walsh of that city, his aunt. In her will Mrs. Walsh left Farrow a bequest of IIK.imi in cush aiv $H,im) In real otate. Som friends of the prisoner placed his case In the hands of Attorney Charles Thomas of this city, who at once set to work to lind some flaw in his commitment. He succeeded In making out a case and today Farrow was discharged by Ju-ge üeaver. SUGAR TRUST IS AWAKE, Slireekleft's Hennery of Flilladeliliu Cloitea DotYii Il&cenal ve Supply. PHILADELPHIA. Oct. 1. The suffar trust today closed the Spreckels sugar rellnery in this city. The trust's Franklin retinery Is now running on half time, but Is only turning out s ft grade, the supply of which Is not at present excessive. McCahan's refinery, which Is Independent of the trust, will probably shut down tomorrow or Wednesday. This eessition Is due to the overstocke I condition of the markets and operations will not be resumed till the sugar at present on hand Is disposed of. it Is reported here that the llavemeyer & Elder refineries in New York and the plant operated by the trust in Boston are about to fhut down. Mrs. Mrdlll Dead. CHICAGO, Oct. 1. Mrs. Modill. the wife of the Hon. Joseph Mod-ill, editor of the Chicago Tribune, died at Elmhurst, 111., this morning. Millions for Defense Against the Inroads of that subtle, lurking foe to human health, malaria, haul been expended uselessly when Hostetter's Stomach Bitters appeared upon the scene and demonstrated Its power as a preventive and curative of the dreaded scourge. When the "gold fever" raged In 113 In California, malaria was contemporaneous with It at tha "dlrslnB's." and wrought dreadful havoc among the miners. Then and subsequently on the Isthmus of Panama, and wherever In the tropics malarial disease is most virulent, the Fitters became the recognized safeguard. For the effects of exposure and fatlrue. mlasma-polsoned air and water, sea dtckness and all disorders of the atomach. liver an I bowels, the Hitters affords prompt relief. Invalids of ail sorts will find it fully adequate to their needs.
0(1 A URGE SCALE,
Japan's Growing Activity in War Measures Is Such as to Strike Terror to Her Opponent. ANOTHER NAVAL BATTLE Reported That Ships on Both Sides Were Damaged. Destination of Thousands of Japanese Troops a Mystery. It I I'rnlmlilF Tlmt the llknlo' Forres Will Make n March for Prkin nml the Mlllloun nt Mnukilrn The Allituile of the r.iiRllali In F.iiMtern AYnters Cnllx Forth Crlilrinni An Ohjeet Lesson by the Ilnlan Admiral. LONDON. Oct. 2. The Times publishes letters from Yokohama, bearing date of Aug. 24. stating that Japan is preparing to increase her army in Corea to lOO.OOQ men. The intentions of the government as proclaimed by the native press , are to crush the Chinese army in Corea and march on to Pekin. where a claim for a largA Indemnity will be made and the cession of the island of Fornosa demanded. A letter, dated Sept. 1, eayj that no news of any kind has been received except that a naval battle has been fought somewhere in the gulf of Fe Chi Lt. It is ad I d that vessels on both sides were damaged. The dispatch of troops contlnuses, but their destination is unknown except that lOu.'iO') men have left to fight the Chinese somewhere. The Japanese belrvo that they will be in a position to dictate terms to China before the end of the year and also that they will possess the hoarded millions at Moukden belonging to the Chines? imperial family. Japan H calling out the second reperve to supplement the denuded garrisons. The call has not been responded to with enthusiasm. Many of the men were never before called out. They are ipnorant and dull and are very anjrry because of having to leave their occupations and families. They are also afraid that they will be called into active service. The people therefore are le.sa enthusiastic about the war. A dispatch sent from Shanghai todiy states that the Chinese war council continued to sit, but the disorganization is appalling. The corruption In the commlsslarat passes telief. There 13 no clothing for the troops, food Is scanty and weapons and war munitions, bought and paid for, can neither be found nor traced. The great Chinese camp between Tien Tss-n and Taku is filled with raw levies and disorder is rampant, although executions are frequent. The men are without rifles. Foreigners do not venture in the camp unless they are amply guarded. Most of the Europeans have, gone to the coast towns for protection. Many Chinese merchants have also migrated to the coast towns, feeling that they will be more secure with the foreigners. Remnants of the Chinese force from Ting Yang have reached Moukden. They lost everything and ttll d .eful stories of the flsrht." The transport Hung Chang has arrived at Hankow for the purpose of embarking troops fir the North. Troops have been ord -red to proceed from Canton to Formosa. too ;tcii o:soiisiiip. The Ilritiati jiv'h Conrae May Get It Into Trouble. WASHINGTON. Oct. 1. The reports that the Japanese cruisers are hovering off Ch-e Foo and that Japanese troops are being- landed confirms the prediction of Japanese authorities here whn the second Japanese army embarked, that the j invasion cf China and th march on Pekin : would bejrin soon. In diplomatic, circles ! here It Is pointed out that the British ; admiral's course in shadowing the Japanese ships as thfy approach the Chinese , coast Is In line with a policy of the Hritish I navy, which has caused much irritation. ; A recent case is cited In which the British ships watched the Russian fleet until the Russian commander determined upon a ruse. He had two of his ships leave hastily from the harbor at Yokohama. A British ship was sov.n in pursuit. ; The Russian mad a circuit outside and returned to the harbor with the British ship close behind. As tha boats came in the Russian admiral gave orders to his fleet to clear the decks and prepare for action. His signals made it known that he would fire if the pursuing British vessel did not keep away from the Russian boats. The British ship came, to it sudden halt, and the threatened broadside was averted. The I British admiral was Indignant at the i belligerent action of the Russians and the British government demanded an explanation. The Russian admiral in reply said that the movement of his ships had been so continually shadowed that he had construe! it to amount to a belligerent move. The Incident went no further, although it put a stop to the shadowing of Russian ships. During th recent revolution In Brazil, when the revolutionary Admiral loa Oama If 1 1 a fleet outside Rio, the i British vessels were again accused of shadowing Da (Jamas movements and allowing their information to get to the Pelxoto government. The present action of Admiral Frceimnt'.e. the British command, r of the Asiatic S'iuadron, In having British ships hover In the rear of the Japanese fleet, when secret moves are made, is the latest exhibition of this policy, and It, la said here to have aroused such feeling that an official protest is regarded a.s possible. The Chilian legation here discredits the reports that China has bought the Chilian navy. The reports are regarded as preposterous, as Chill Is proud of her modern navy, and with the country's great stretch of coa-st it is regarded as a most essential arm cf her defense. Japanese Troop I.nndeil. LONDON, Oct. 1. The Times will pub- ! llsh a dispatch from Shanghai stating tht it Ls reported that 25,000 Japan?se troops have been landed on the Shan-Tung coast I between the Yellow river and Tien-Tsin. i Neither at the foreism office nor aL the Chinese legation here has any official Information been received of a mutiny among the Chinese troops at Wl-Ju.
TRAIN ROBBERY IN ARIZONA
EAST-IIOIXD rASStSXOEIl OX THE SOlTIIEItN PACIFIC IIELIJ IP. Engineer and Flreninn Compelled to I ni-onpled the Engine While the Ilnhhers Looked After the Esnrens Cnr Ilnndlta 9nld to Have Secured $20,000 in Cold. PHOENIX. Ariz.. Oct. 1. At 12:13 a.m. the east-bound Southern Pacific train was held up one and a half miles east of Maricopa by three men. One of the robbers rode on the blind baggage car out of Maricopa, while the other flagged the train. As it slacked up the fellow aboard passed quickly into the engine, and at the point of two revolvers forced Engineer Ilo'.liday and Freman Martin to descend, uncouple the engine and proceed ahead of the train for a half or three-quarters of a mile. In the meantime one masked robber had entred the expre?3 car, while the other f-tood guard outside. No shots were fired, nor were the passengers alarmed while the robbery was in progress. The enginezr and fireman were walked back aherd of robber No. 1 to the express car, where they arrived about the time the other twe were ready to depart. All three then mounted horses, which were tied nearby, and struck out in i southerly direction toward the Mexican line, which is futy miles from the track. The amount which the Wells-Fa rpro messenger repor.s as having been caplured is $100, but there is n current report that the rohhers got away with Sl'O.OOO In gold. Their trail was struck early this morning by Sheriff Drais of Pinal and Murphy of Maricopa, accompanied by Deputies Widemer and Prothero. It Is stated that two cf the bandits who attacked the train were masked and the third, who was a. mere boy. was not. The robber who previously cllmb"d on the train captured the hea l brakeman and compelled him to turn on the air brakes and stop the train. The other bandit covered th engineer, who with th? fireman, was compelled to go back to the express car and Induce the messenger to open the safe. The b y was then shoved into the car. While he was searching for express treasures the two bandits guarded each side of the train. When the boy came from the car the ti airmen who were under the bandits guns were compelled to march with the bandits a short distance Into the bushes. There the robbers released their prisorcrs and mounting the horses rod-1 away. The penalty for robbing trains in Arizona is death. The posse led by Sheriff Murphy of Maricopa found the trail of the robbers at the point where they had crossrd the Gila river, seven miles east of Phoenix. Sonn afterward they came upon a camp which the robbers has hastily abandoned. There they found three Winchesters and thre horses. Not long after this they overhauled one of the bandits whom they called upon to throw up his hands. Instead he turned upon th ollieers and fired, but a charge of buckshot from the sheriff's gun bra:ght him to tho ground. The prisoner, wiose name Is Frank Armour, was brought here and It is believed he will recover. On Armour's person was found one of the watches tVn from a street car rmn. who was held up here a week aco. The robbers are believed to be members of a gang from Ton to basin, and It Is su.'pected that they are the men who held up a stage near the Congress mine on Sept. 13. FLYING JIB IN 1:59 1-2. A Wonderful Performnnee lty the Cnllfornln l'xicer. CIIILLICOTHE. O., Sept. 30. F'ying Jib made a wot.derful showing hero this morning. Andy McDowell was working him out and had him and a running nute hitched to a high wheeled pneumatic wapon. The pair scored several tlnvs and finally McDowell gave the word to those who were in the judges' sfand. The gelding paced away beautifully; h-? went to the half in 1:)0, and finished the last half in :,"!t'i. The performance has excited the horsemen greatly, aa P. was the fastest mile ever paced under si nilar circumstances. AT THE MARBLE PALACE. Mrs. Vnnderhllt nnd Her Daughter Arrived nt Meivport. NHWPOUT. R. I.. Sept. 20. An afternoon train from Boston brought a piivate car in which were Mrs. William K. Vanderbilt and her daughter. They were met at the depot by a carriage and were driven immediately to the marb'.e palace, which was in readiness. There was no one at the depot to meet her. An interview was sought but in vain. It is come to RhoJe Island for the divorce, but j that she wi.l return to llurope in th spring. M U RDERED BY WHITECAPS." I'jirmer Taken from Ills Home nnd Hit it Kcd. MARION. Ky.. Oct. 1. News was re celved here today of a terrible crine ' committed by a mob of whltecais in the northern part of this county early this morning. Berry Rich, a fanner, was taken fixem his home and deliberately hanged. The cause of the crime is said to have been that several barns and houses have been fired in that vicinity and that hogs, horses and cows have been stolen. William Goode and Berry Rich have been suspected as the guilty , . l . u ' , , .o lfi Ida n ,,, :.. . i IIV VIU'JUC Ii. I HIC VUlllJIUUllJ TRAIX WH ECK KU S CONFESS. The Pinn Wnn to Ditch the Sheriff nnd His Posse. TERRE HAUTE. Oct. 1. Special. The men in Jail charged with wrecking; the Big Four fast passenger train at Fontanel on July 13. killing Engineer iloehrmin and Fireman Fleck, have now nearly all confessed. George Roberts was the first to confess and his example has been followed by two of the other suspected. Rogie McDonald weakened and gave the details of the wrecking of the train, which dj not differ materially from the statement made by Roberts. William Sourwlne. made a rimUar confession this afternoon. The evidence now in posfcss ion 0f the state insures the conviction of the entire gang. They all Fay they supposed they were gol.nj? to wreck the freight train bearing Sheriff Stout and his squad cf deputies. Fonr Perish In the Flames. KENOSHA, Wis., Oct. l.-The residence of B. B. Pierce of Wllmot, Wis., was destroyed by fire. Three sons with ages ranging from twenty-five to thirty-five years, and a daughter eighteen years old perished In the flames.
ROUGH ON JENKINS.
His Famous Strike Injunction Gels a Black Eye, .Tutir Hnrlnn HonHllnr It I Very Severely. RULING IN PART REVERSED Employes Had a Legal Right to Quit Work Providing They Did Not Enter Into a Conspiracy. An Invnalon of Nalnrnl I.IHerty to Ciin pel nn Employe tn Remain In the Service of nn I-'iiiploy-er Stielt 1mx Would Have the Effect of llo. ducinic flic Worklnsrmnn to n Condition of Slavery .In dure Jenkins Apparently liwnoved by Hie Court's Decision. CHICAGO. Oct. 1. Judge Jenkins's famous strik injunction was overruled today by the United States circuit court of appeals and the cause was remanded with directions to strike out from the restraining order of the court the clause which aroused the country when the order was Issued anl which resulted in the Boatner investigating committee of conpxess. The Interveners, representing the leading labor organizations of the country, asked that two sections of the Injunction bo eliminated. The court of appeals deci led that no court could compel a man or a body of men from quitting individually or in a body the service of an employer. The court said that Judge Jenkins had exceeded his powers when he enJoined the employes of the receivers of the Northern Pacific railroad company "from quitting the sen-ice of said receivers, with or without notice, so as to cripple the property or prevent or hinder the operation of said railroad." It held, however, that the section should stand In which the men were prohibited 'from combining and conspiring to quit with or without notice, the service of said receivers, with the object and Intent of crippling the property In their custody or embarrassing the operation of said railroad." The decision was considered by the lawyers who packed the court room as one of the most important opinions delivered in the United States in a decade. It defines the status before the law of labor organizations in their conduct of strikes and allirms the powers of courts of equity to interfere by injunction when there is reason to believe that the law will be violated. It holds that men may withdraw In a body from the service uf an employer, using, however, neither force, threats or intimidation toward employes who do not join them, nor must they use any "device" to molest, hinder, alarm or interfere with others who desire to take their place. Justice Harlan of the supreme court delivered the opinion. Sitting with him were Judges Woods, Dunn, (irosscup and Jenkins. The last, named sat with his eyes fixed upon Justice Harlan as the latter read the opinion reviewing the circuit judge's action. Judge Jenkins appeared un li.-turbed by the opinion. The audience which listtned to the reading of the opinion was a mst distinguished one. Ilx-Presi lent Harrison and his partner, Mr. Klam, sat side by side, uell up toward the bench. After disposing of other cases, thti findings of the court were merely announced by Julges Woods and Jenkins, Justice Harlan began the reading1 of the opinion in the case of p. M. Arthur et al., inu-r-venors, against Thomas F. Oakes, Her.ry C. Payne and Henry C. Rous-', receivers of the Northern Pacific railroad company, as this celebrated caso is known on the docket. (On the whole. thr decision, which was read by ustieeJ Harlan, wiio presided over the court, is a clear recognition of the right of the employes to strike. DECISION OF THE COI IIT. It Is One of the lot Important Mudc In Yenrs. Jus'tice Harlan, before giving the conclusions of the court, reviewed the history of the celebrated injunction. The reiX'ivei-s of the road In December lasit pave notice of a reduction of wages all along the line, and when the men threatened to strike, Judge Jenkins Issue! the injunction on 10eo. 19, preventing a Ftrike. Two days later he amended the injunction, making it more stringent. The Brotherhood of locomotive engineers joined with the other labor unions to which the men belonged, and appealed to Judge Jenkins for a modification of the order. Judge Jenkins refused to strike out the clause enjoining a strLke, and the labor unions appealed to the higher court. The decision says that the injunction against employes o quitting as to cripple the projrty or to prevent or hinder the operation of the road was equivalent to a command from the court that they ehould remain in the active employment of the receivers and perform the service appropriate to their respective positions until they could quit without crippling the road. The time when they could quit was not indicated by the order of the court. "Under what circumstances," says the decision, "may the employes of the receivers of right quit the service in which they were engaged. Much of the argument of counsel was directed to this question. We shall not attempt to lay down any rule applicable to every case thit may arise between employer and employe. If an employe quit without cause, and in violation of an express contract to serve a stated time, then hij quitting would not be of right. But the vital question remains whether a court of equity will, under any circumstances. by injunction, prevent one individual from quitting the personal service of another. "An affirmative answer to this question is not, we think, justified by any authority to which our attention has been called, or of which we are aware. It would be an Invasion of one's natural liberty to compel him to work for, or remain, in tha personal service of another. One who is placed in such restraint is in a candltlon which the supreme law of the land declares shall not exist anywhere within the Jurisdiction of th? United States." The decision then went on to discuss whether or not the fact that the property involved was a railway, with public duties to perform, gave the court the right to restrain the men from quitting. Th? receivers, the decision declares, had the right to make a new schedule of wages and offering it o the men. with the alternative of accepting it or quitting the service. The m?n had the right to accept or refuse and to quit, if they
were not willing to work for less wages. The court should have eliminated the words, "and from so quitting the service of th; sail receivers, with or without notice, as to cripple the property or prevent or hinder the operation of the road." "But different considerations must control." said Justice Harlan, "in re.ieet to the words irt the same paragraph of the injunction, 'and from combining anJ conspiring to quit, with or without notice, the service of said receiver, with the object and intent of crippling th1 property In their custody or embarrassing tht? operation of the roa'd.' We have said that if the employes were unwilling to remain in tho service for the compensation prescribe! for them by the revised schedules. It was the rieht of each cue on that account to withdraw from the servi. " The decision discussed the- rijilit of employes to strik as follows: "The general inhibition' upon combinations and conspiracies formed with lh. object and Intent of crippling the- prcjerty and embarrassing the operation of the railroad must be construed as referring only to acts of violence. Intimidation and wrong. We uo not interpret the words last above quoted as embracing th ca of employes, who. bing dissatisfied with the projxise.i reduction of their wacr"s. merely withdraw on that account, singly or by concerted ac tion, from the ft n ice of the receivers, using neither force, threats, persecution nor intimidation toward employes who do not JMn them, nor any device to mobst, hinder, alarm or Interfere with others vhi take or desire to take their pi ices. These employes having taken service first with th'' company and afterward with th-; receivers under a gent-ral contract of employment, which did r.ot limit the exercise of th right, to quit the service, their peaceful co-operation as th-j result of friendly argument, persuasion or conference am "mg themselves, in asserting the right of each an;l all to refuse further service und'-r a schedule of rc-iluct 1 wages would not have t,..( n illegal or criminal, although they may have so acted in the firm belief and expe 'tatie n that a simultaneous quitting without notice would temporarily lnonvetrlenct the receivers and the public. "If in good fiith and peaceably they exercise their right of quitting the service, intending thereby only to better their condition by securing such wages as they deem just, but nit to injure or interfere with the free actlm of others, they cannot be legally charged with any loos to the trust properly resulting fr-'m their cessation of work in v msequonci? of the refusal of the receivers to accedto the terms upon which tii-y are willing to remain in the service. .Stich a K-s. under the circumstances stated, would be incidental to the situation and could not be attributed to employes exercising lawful rights in orderly ways, or to the receivers who in go.nl faith and in fidelity to their tru--t, declared a reduction of wages and thereby caused dissatisfaction among employes and their withdrawal from service." The opinion concluded by hoi. ling that the act of congress of July 2, liKl, known as the interstate commerce act. had no bearing on the question bef re the court. The order of Judge Jenkins is reversed in part and the eins is remanded with directions to Ftistain the motion to strike out to the extent indicated in the opinion. CARDINAL GIBBONS ON LABOR.
The WorUlntmnn's Cnllinsr fllsntfled 1T Christ Strikes Unestlona blc. FROSTBURG. Md., Sept. 30. Cardinal Gibbons In a sermon on the labor question today said in part: "Hefjre the coming of Christ mnnu.il labor was hell in degradation and relegated to .slav. s as being unwoithy of free men. Christ, our Savior, has iliTri.ied and ennobh-d lalmr by word and example. He was pleased to dvoto many years of His life to mechanical pursuits and ever since He worked in th carpenter shop He shed a halo around the workshop. If the profession of a general as ennobled by a Washington, if th-1 profession of a statesman as ennobl d by the example of a Webster a?d a Burke, if the profession of a jurist ennobled by a Mar. hall and a Tain-y, 'f the Vocation of a prelate a.s nnobled r.y th? example of a Carroll, then the c.'-lli'ig of a workinginan is dignified by the example of Christ. "Iibor has its rights, chief among which is the' privileges of organization without infringing upon thir employers. One of tc most dit'kuk questions ::i our times to discu.-s is the quetlon of strike-s. Striked, as e xperionee h..s demon drated, are very questionable for the redr-- oT the laborers' grievances. Statistics fitrnished fhow that the loss to tnc eniploy es by strike; for ;ht years amounted to nearly JTs.imW.Oi), while tnc employers only lost one-half this amount. I earnestly hope that some et'teVnt remedy will be found to put an en 1 to our recurring strikes, and arbitration seems to be the most potent method that can be conceived of." DROVE OFF THE FERRY. I.oiiia ShnrPn W ife, Five Children nnd Team Are Drowned. MINNHAPOTiIS. Sept. 29. At Chaska. twenty miles south Of this city, this morning, iouis Sharf, wife and fiv-1 children, white golnir home from the fair, drove upon the ferry to cross the river. It being dark, he drove too far and the polo knocked th apron and th team and the family drove overborn! into the river. Sharf saved himself, but his wife and five children and team were drowned. N0113 of the bodies have been recovered.
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RY ACTS I Havemeyer mid Scarles of the Sugar Trust May Yet Know tho Strength of the Law. BOTH MEN ARE INDICTED For Refusal to Answer Questions at tho Recent Inquiry. Broker A. L. Seymour la Also on the List. Iteanlt of ltc trtlnn of ttie Arrnard During the Simnr Trut Investigation The I'iiMIi' Drlit Stntement Show nn Inereii!e of 0er IMiiht Million. n Indlnna !nn tirtu a tiood Place Ot her e of the Capital. WASHINGTON, Oct. 1. The grand Jury at 2 o'clock b-day brought in indictments jigains Henry O. Havemeyer anil Jo',n F. Seirlc of the stiar trust and Allan L. Seymour of the stcock broker ig? firm .f Seymair 1- Yur.g for refusal to answer questions put to them by th- Senate sugar tru.-t investigating committee. The grand jury nlo brought in an indiotnvnt attninn Mr. McCartney of the firm of Carson ;- M Cartney. this last, however, iifo ly b- :rg to p- rfect a previous report. Ail f ,'-, eases will c me tip for argument n dvmuriers on Oct. 12. The in diet tie nt.s ea-h cover twe.ity-oight pit-s of laie typ -written sheets. The history ..f ;he sugar s hedule of the tariff b ll is r. ueursod In the con t Tits. These in lictmont differ somewhat from the others from the fut that the pertinon y of the qm-stions are sm1what further removd and that two members of the Investigating committee held thit the questions which Haveraeyer and Sea rle-s refused to answer wt-re not perün-iit. The fio--t hns requested the sp'Tiri amounts c iitrlcuiei in th- different state to c repawn funds and one point urged was that t lo se contributions were n it to national campaign funds. N'-w Indictments ngainst J. W. McCartney of Washington and E. It. Chapman of New York w ro im tde for the purpose ,,f correeting the wording of the former in.li tmeiits. TEN HURT IN A WRECK. Colllnsion Between Fenn 1 nnla Trains nt Sunliory, Ia. SUNBURY, Pa.. O t. 1. Ten- persons were injur-'.! in a pisscng.-r wre. k !- tween Pennsj lvani.i trains fn em Hazl-ton. and Sham 'kin this afternoon. The aeoldent occt'ire.l at a cr -;ng in the yarl ab ive th- Pennsylvania -tat ion h re. The Sh.am 'kin train was crossing ,, r the main n---5e;ig, r track when the Haz: n train dah d tr.to it. Th- Saarn kin smoker was thrown from lie tra ks an 1 upset. Tic seats were all t rn i;;i an 1 ;!; entire i r was ripp. d ; -n. Ail the occupants were tri r wn in a hap of wreckage and rec' ive 1 In uis.. Scalp wounds arc numerous, but iiot.c of the injuries are seri Hi, only t!. ne n in the s:r .k. r w. re injured. T.h- passi-n--rs in th- other coaches and th crews w-re unhuit. ROBBED AND MURDERED. I'nte of Two Veteran of the Dajton ?olilieri' Home. DAYTON. O.. Sept. r,a Friday was pension diy at ihe soMicrs' home, and the vet trans were paid 1 ö'i.c'"'. A ft-w of th- in vbited 'the dives in the vicinity of the institution Saturday and wre robbed. At 1 o'clock this m.irnir.g two of the old soldi, rs were found robbe d and murdered, and their lv.Hes lying in the public ro.td, and their pockets turned Pisble-out. Thdr n; m Wef, i lolphus Ctii'gan. company 11. Corn -IPs legion of Marylind. and John itinvtt of the navy. The city poijee and detectives have fifty su.-pecis lot k-d up. A number of veterans are missing from the home, but will turn up all right. He C;e for I.lfe. CnEllNSHFRG, Oct. 1. Special. Ralph Drake, on a change of venue from Bartholome- county, was found guilty of murder during the Septemb-r term of our court and the cae litis b-en standing n a motion f r a new trial until tiiliy. Tuj motion was overruled and Drake was sentenced to the penitentiary f r life. It is expected that the case will go to the supreme coutt. s tenvctiirjf f!n. Cub. in. ft-r ox. . 166
