Semi-weekly Express, Terre Haute, Vigo County, 31 March 1896 — Page 1

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jypffnaT*TT.TTrres—F»Irf followed by cloudiness at night light,:variable winds.

Weekly Established 1823.

ONLYFIFTEEN ROUNDS

HACK EVERHAEDX PROVES TOO

SWIFT COMPAIfl FOR LEEDS.

It Was Either Man's Battle Up to Almost

the Last Kound, the Fighting

Being Scientific.

MEDS PLAYED FOR JACK'S HEART.

LEEDS, HOWEVER, COULD NOT LAST

FOK TWENTY-FIVE BOUNDS.

When Knocked Out He Lay Uncon

scious for Over a

Half Hour.

Empire Athletic Club, Maspeth, L. I., tMarcli 30.—Jack Everhardt and Horace ILeeds, lightweights, met tonight at the Empire Athletic Club, Maspeth, L. I. They were scheduled for a twenty-five found contest. More than 3,000 spectaItorh we're 'watching the contests. Ever-

[hartJt was somewhat the favorite in the Ibet'ting, although [Leeds had lots of (friend's. As a curtain raiser (Frank Erne tof Buffalo and Jack Downey of Brookfly© boxed ten rounds. Tim Hurst reflereed. At 9 o'clock Jack Downey entered the ring with his seconds. Downey arid Erne each weighed under the fllmlt of 126 pounds. The men shook lhands at 3:07 o'clock.

Ttpund 1—(Downey led left and landed tface. Downey put in a hard left on tface. Dawn-ey ,put in a hard leftt on face -and Erne countered with a similar (blow. (Downey 'bled Erne's nose with a 3eft-hand smash. Erne wound the round iup with a left on face. iRiOunds 2 and 10 were well contested. IBoth men had the advantage at times. During the ninth and tenth rounds [Downey received severe punishment, land when (Referee Hurst announced the ibout a draiw 'there were numerous cries if or Erne

and

protests against the de

cision. Jack Everhardt-Leeds Contest. Thiein came the event cif the evening. The men shook hands and It was annioun/ced1 that Quoensberry rules would govern 'th!e contest. Deeds was the teller a'nd 'had the additional! advantage of reach.

Bound 1—Everhaird't fended left on face after a little preliminary sparring. In a rush Jalck .sent his left to body and right on n'edk. Leeds put left on body and Jack landed Jeft on Leeds' ear as itihe gon'g sounded. Both were very sci•entffio.

Hound 2—"Both countered with lefts on faoe. Leeds got in this'left on jth'a mouth. Everhardt sent ibis left to the chin and Leeds clinched. Leeds jaibbed ihi'S left on neck at call of time.

IRou/nd'3—Jack tried left, for'body, but fell short. Leeds landed 'left on body and they elin'ched. Jack got in left on •body. Leeds got irni three rights on body in rapid succession, without a return. In avoiding a. rush Leeds slipped to the floor near nibe ropes. This wais Leeds' .round.

Round 4—Jack landed left on ba'ck of neck after itwo clinches. Horace 2-an'ded left oni 'body and Jack sent his right 'hard on 'head. The round ended in a clinch. •Round 5—Leeds got in a good le'ft on fla'ce, 'but he-fell im avoiding a rush. Jack sent i'ft 'two lefts on face a.nd Leeds •landed left on body. Leeds staggered Jack with a hard 'left on chin-.

Round 6—Both countered on body (with rights and jabbed lefts on neck. [Horace landed a very hot left on body and both countered with lefts on face. (Leeds landed four times with left on body and used both hands to goM advantage on face and body. As the gong rang Jack landed left on body. 'Kound 7—'Leed's led left on stomach and face and forced the fighting. Both exchanged lefts on face. Lfceds played hard for the body and land'ad right and left for body and face. Leeds did all 'his fighting for the body.

Round S—'Leeds landed left on face. Eoth exchanged lefts on face. Leeds uppercut with left on face and landed right on body. Jack got in a hard left on face. Leeds'landed lefts on bedy and face, and Jack weakened. Leeds sent in a feaivful left on the wind, and another on the jaw. Everhardt was very weak when round ended.

Round 9—Both exchanged lefts on face. Leeds landed right on stomach and then uppercut with left on face. Jack (landed left on wind and Horace sent his le'ft over heart. Leeds landed twice with 'left on ribs and right on chin. Jack tried to save himself by •hugging but Leeds .threw him off and sent right and left on face and stomach four times. Leeds had easily the better of this round and Jack was growing very tweak from Leeds' stomach ipunohes.

Round 10—Tweeds landed left on stomach. Both exchanged hard lefts on face. Lee-is landed again on stomach «nd Jack got his right to the face. Horace put his left hot on jaw and right on stomach. Jack surprised every one by sending his left five times to the face. Leeds got in a good right on chin and left on stomach at the end of the round. .Both were very tired.

Round 11—Lends led le£t on stomach and Jack lainded left on face. Leeds a-galn put h.is left on tihe wind twice. JOverhair&t iand-ed a stiff left on face and Leeds placed right on stomach. Le-eds landed again en 9 oma.ch and they exona.niged lefts on fa-ee. Leeds lainded left on atcmajch and right c.n face taaid then sent in two left handers cm the wind.

Kound 12—Leeds led right on wind. Jatok svtmt lelft on face. They exchanged Jetfts on face. Leeds pi left on wind and Jack right on face. Leeds left on fatoe and Ja.ck go,t 'back with left on face. Leeds landed a hard left on oh in. Leeds jafebed right and left on4fa'ee and Jack answered with a left on the stcrnafch. Bverhardt looked very cired when be w«ent to his corner.

Rouqd 13—Both opened with stiff lefts on face. Levels led left on wind ar.d Jack got in right on face. Leeds landed rigiht on -face a.nd left on stoma,ch and Jack went batek wr.h left aiid right on th« wird. They exchanged lofts en face. Jack landed twice on face and Leed? punched very hard with ieft over h-eiarc. Leeds sent le'ft on stomach a*id a§ain over the heart. Jack got in A riffbt on Uie wiind and Leeds placed

THE SEMf-

hits riigiht over the "heart. This was a very hwt round azid fcotib were ttred w!hen it was over.

Roumd 14—Leeds landed right on stomach twice. They exchanged lefts on £&ce. Leeds put rigli^on "heart. Jack left on ear and Horace ak"^fc put in his left on stomach. Leeds then sent -his ie*ft on the face and right over the heart. Jack smashed his left on stomach, butHorace sent two heavylefts on face and chest. As the gong sounded, Leeds sent in two heavy lefts on stomach and face.

Round 15—Jaxflc squared off and Handed on wind. They exchanged lefts on •face. Leeds landed left on heart and Jack swung a left hook with a jolt on Leeds Jaw, which sent the

Atlantic

City man down on his face to the floor of the ring. Amidst great excitement Referee Hurst counted Leeds out, and declared Everhardt the winner.

Leeds remained in an unconscious state for half an hour afte'r he was carried out of the ring. He visas attended by Dr. Dondermann of Philadelphia. "FMnally at 11:40 word was sent out that Leeds had revovered sufficiently to recognize those around him, and there was •no danger of a relapse. (He fought very fast all through. The fifteen rounds so weakened him that when he got the "jolt" on the jaw he was so waatkened by his exertions he could not recuperate Tf it had not been for his weakened condition the blow, wh?ch was light, would not have had such 'telling effect.

Two Short Fights In London:

London, March 31.—The two pugilists, Tracy and Williams were matched fo^fct. fight tonight. Tracy was the favorite and worked cautiously. There were a few rapid exchanges in the first round Tracy with bounds landed on either side of his opponent's chin. Williams dropped flat on his back and failed to rise. Tracy was proclaimed the winner in 35 seconds. Before the National 'Sporting Club tonight Billy, Smith of Boston, -defeated Billy Husbands of iLondon for £600.

TICKETS WILL BE SCARCE.

Delegates Will Each Have *15ut Two Tickets to Give Out.

St. Louis, (March 30.—The following •members of the sub-committee of the -Republican national committee met at the Southern 'Hotel today for the purpose of transacting business in connec

tion with the Republican national convention to be heM here in June: The Hon. James S. Clarkson of Iowa, the Hon. Joseph H. iManley of Maine, Coloned William 'H. 'Hahn of Omio, ex-

Governor Joseph W. Fifer of Illinois, 'Senator Thomas Carter of Montana, Genera'l Powell Clayton of Arkansas, J. M. Ewing of Wisconsin, proxy for Senator Payne and Colonel R. C. Kerens of Missouri.

The sub-committee decided that the distribution of press tickets to the convention will be made by the press committee appointed by the citzens' committee of 'St. Louis. All applications for press tickets Should be directed to Mr. T. E. Byrnes, sergeant-at-arms, (Minneapolis, Miiln. A'll applications for seats to be distributed to distinguished guests throughout the country should also be made to 'Mr. Byrnes at Minneapolis. Each delgate will receive three tickets, including his own and the people from each state and territory desiring admission to the convention hall will have to apply outside for the tickets heretofore spoken of to. the delegates to the convention from their respective states for tickets. The tickets for members of the Grand Army of the Republic wil'l be given to the national council of administration and distributed by their direction. All tickets to the convention issued on 'Monday, June 15th by the 'ser-geant-at-arms at the convention building.

Will Build Klectric Cars Here.

Hereafter all the cars used on the Terre Haute Electric Railway company's lines will be built at the dbmpany's shops. President Harrison has had the question under advisement for several months and while he requested •that nothing be said, the successful construction of car No. 60, just turned out c'f the shops, decided him. He forthwith ordered twelve machines for wood and iron work. They have been shipped and will be placed in position in the shops in a short time. Mr. Harrison says he can construct better cars and at less cost in Terre Haute than are made at the shops of car building companies.

Krl

Funiridge Quits the Market.

Chicago, March 30.—Ed Pardridge, the board of trade plunger, after covering a short line of something like 4,000,000 bushels of wheat today announced he would now retire from the market. Mr. Pardridge has for several months been in poor health and he gives this as his reason for quitting the speculative market.

Clubbed for Restating Arrest.

Ira Grover will be in police court this morning with a very sore head, the re suit of resisting when Officer* Fox and 'McNutt put him under arrest. He had hired a rig at Foreman's stable, and, being drunk when he returned, refustd (to pay-for it the police were called and when they took hold of Grover he made a fight. He was soon brought to submission by a lick from Patrolman Fox's club. The lick caused a severe cut on the head and the prisoner was taken to a doctor's office being taken to jail

Teachers of cookery pronounce Dr. Price's Cream Raking Powder the best.

Another Cut in Cnipe Creek Scale. Special

tne

.. ----*4r*^fi'^4

LOKGSHORT" HAIIL.

BAILROAD CASES PASSED UPON BY

THE SUPREME COUBT.

The ••Long and Short Haul" Clause Sus

tained—Other Rulings—Scandal In the

Army—Indiana Pensions.

PARALLEL LINBCANNOT CONSOLIDATE

JUSTICE* BROWN DELIVERS A VERY

IMPORTANT DECISION.

Louisville & Nashville and Chesapeake &

Ohio Southwestern Are Parallel Lines

and Cannot Consolidate.

Washington, -March 30.—An opinion was rendered by the United States Supreme Court today in the case known as the "Long and short haul case," involving the validity of the provision of the interstate* commerce act, prohibiting a 'higher charge for a short than 'for a long haul, appealed from the decision of the Circuit Court of Appeals for the Fifth circuit. The appeal was taken by the railroads. Its title was "The Interstate Commerce Commission vs. the Cincinnati, New Orleans & Texas Pacific Railroad Co. the Western & Atlantic Railroad Co., and th Georgia •Railroad Co."

The decision of the conrt below was affirmed in the main, the opinion holding that in. cases of shipments from one state to another on through bills of lading, railroad companies could not exempt parties and give them special •rates. Justice Shiras delivered the opinion of the court.

The di&pute concerning th'is matter is one that has bean continually arising in various .parts of the country, and it is to the interests of commerce and of the railways of every part of the country that the question be put at rest. There was also drawn into the case th'e very impojjant question of_the power of the interstate commerce commission to fix maximum rates .in cases properly broughrt before it, as distinguished from a mere decision that a particular rate is excessive. The three railroad companies are the connecting roads running from Cincinnati, O., to Augusta, Ga.

This lit'igation began through the complaint of a seller of buggies at Cincinnati to the interstate commerce commission, that the rates to Augusta at the. end of the Georgia Railroad, and to

Social Circle, which was a point on the .. Georgia railroad -fifty miles below At- I

lanta, were such as unfairly discrim-

inate against Social Circle. The Texas Pacific and the Atlantic & Western roads claimed in their answer-that the rate to Social Circle could only be made by the consent of the Georgia road, on which it is located. The Georgia company submitted that the rates on Social Circle were the rates to Atlanta plus the rate from Atlanta to Social Circle, and contended that they were not unreasonable, the rate to Atlanta being less than it should be because of the competition with lines from that city to Baltimore.

Another Railroad Case.

Justice Bro'wn delivered the opinion of the Supreme Court today in '.he cases cf Thomas Persa-11 vs. the Or-eat Northern Railway Co., a.nd also of the Louisville & Na.khvi.lle Railway Co. vs. the commonwealth of Kentucky, as to the right of parallel and competing railroad lines to coin,sclidafe, holding in the case of the Great Northern it could not, under its charter, and in opposition to ohe act of the Minnesota legislatnre of 1874, be consolidated with the Northern Pacific, as was sought -:o be accomplished. Justices Field and Brewer dissented in the case. In .the Kentucky case a like opinion was rendered as to the attempt to consolidate -ihe Louisville '& Nashville Road with the Chesapeake & Ohio Southwestern Road. The opinion of the Kentucky Court of Appeals of Kentucky, enjoining the consolidation, was affirmed.

The broad question involved in the Louisville & Nashville case was the right of one railroad to acquire control, either by purchase or consolidation, of the property of another company, whose lines are parallel with its own—the Louisville & Nashville and Chesapeake & Ohio Southern lines being parallel between Louisville and Memphis.

The constitution- cf Kentucky, recently adopted, prohibits purchase under such conditions, and the suit, as originally brought 'by the commonwealth of K-eir.tu'Ckv, asked for an injunction against such proceedings. The Kentucky court granted a perpe.ual injunction and when the case,was taken to the Kentucky Court of Appeals the decision of the court belcw was affirmed. The case was brought :o the United States Supreme Court 'by the railroad compa'nv upon a writ of error, the company alleging an entire disregard cf the provisions of its charter granted by the sta'.e in 1S50. long prior to the adoption of Kentucky's present constitution, which, in explicit terms, without saying anything about parallel lines, gave the right "purchase and hold any road constructed by another company." The state court held that the state had a nerht to appeal or modify -the charter. The United States Supreme Court, as one ground of its opin-on, declared vhat the Chesapeake & Ohio Southwestern, under its charter, 'bad no right to sell to a competing company.

Consolidation Lends to Monopoly.

The case of Pearsal vs. the Great Northern Railroad company, came to the

supreme

equity

Express.

Danville. 111., March 30.—The miners the Kelley mines say •that there will 5*cn» be a cut in their wages. Screened coal will be reduced from 55 to 50 cente and rniae run from 33 1-3 to 30 cents. Mr. O'Connor, president of £be Undted Miae Workers -df Illinois has carded a mass meeting of miners, to be held in 'Chis city oc Friday evonizrg- next.

the

court from the circuit

court of the United States for the district of Minnesota and the opinion was rendered by Justice Brown. A bill

filed

Pearsal as a stockholder

in the Great Northern company against the company under the laws of the territory and the state of Minnesota to enjoin It from entering into an agreement with the Northern Pacific Railway company, under which the property and franchises of the Northern Pacific Railway company, were to

purchased.

The court says it was competent for the legislature to limit the charter and to "declare that the power it -had conferred upon the Minneapolis and

St.

Cloud company to consolidate its interest with other similar corporations should not be exercised so far as applicable to .parallel competing lines, {inasmuch as it is for the interest of the ©eo-

~lr~r iii4

TUESDAY MORNING. MARCH 31. 1896.

pie there should be competition between parallel roads." Continuing the »court, through JusWee Browh said: "Wheth'ef the consolidation of oompeti-ng lines* w4ll necessarily result to an tncr&ase of rates or. whether such ooa&olidation ,has, gQperally resulted in a detriment, to the. public is "beside the Question. Whether "it has thait effect or^not It-certainly'puts •it in the power of the consolidated corporation to give it that effect—in short, puts the public -at the mdrcy of the corporation. Thera Is fund has 'been for the "past 300 years, "both in England and this country a popular prejudice a-gai-nst monopolies ln' general Which' has found- expression ki 'inhii-riierable acts. "We camnotsay that such prejudice Jsnot well (founded-. It 4s a njat.ter upon which the 'legislature .entitled to pass judgment. There are, moreover, thought to be other dangers to.' 'the moral sense of the conipaun-ity incident to such great aggregations of wealth whic i, though indirect,. are even more •insidious "in their influence and such as 'have awakened feelings of hostility •which have riot ifailfed to find expression in legislative acts."

The consolidation of'those two great corporations would, said the court,'unavoidably result in giving' the -Great Northern a monopoly of all traffic in the northern half of ttie state of Minnesota, as well a£ of all the trans-con-tinental traffic north -of- the line of the Union Pacific against which public regulations would be "but a feeble protection. The act of the. legislature of 1874, he concluded, undoubtedly reflectedthe general sentiment of: the public, that their 'best security is in competition.-

The decision of the court was therefore reversed, and the case remanded. Other Cases Decided. .Justice Shiras handed down the opinion of the Supreme: Court today i-n the case of the Texas ^Pacific Railroad vs. the Interstate Commerce Commission, appealed from the,Circuit of Appeals for the second circuit, a.nd known a.s the--import rate caso. The opinion cJf the Supreme Court reversed the opinion of the Circuit Court, Which held that it was illegal to charge less on imported goods than on domestic articles. The effect of the opinion is to continue the alleged discrimination in the interest of foreign shippers. Reprimanded for Withholding Evidence.

In his opinion, Justice Shiras stated that the real question at issue was whether th'e various railroad companies engaged in the traffic from Cincinnati to Augusta and Social Circle were so engaged under a common control, management arrangement for a continuous carriage or shipment. Within the* meaning of that interstate commerce act and the conclusion of the court, he *said, was that they were so" engaged. The Georgia Railroad Co., one of the parties involved, had set up the claim that as its road lay wholly within the state of Georgia, it did not fall within

®c°Pe of the act. ^h^court refused

to accept this viaw

(*rid

justice Shiras

added that when thbS company entered into the carriage of foreign freight by agreeing to receive the goods by virtue of foreign through 'bills of lading and to participate in through rates and charges, it thereby beoame amenable to the interstate commerce act. "We do not nperceive," he continued, "that the Georgia Railroad &L_£scaped from the supervision of the commission by requesting the foreign companies not to fix any rates for tha part of the transportation which took place in the state of Georgia when the goods were shipped to local points on this road. It still left its arrangement to stand with respect to. its terminals at Augusta and other designated points. Having elected to enter into the carriage of interstate freight and thus subjected itself to the control of the commiiskm, it would not 'be competent for the company to limit that control in respedt to foreign traffic to certain points on its road and to exclude other points." •Further on in the opinion he saA'd: "We hold thait

when

goods are shipped

under a through bill of lading from a poirX in one state to a'-nother and when such goods are received In transit by a state common carrier, under a comventtonal division of the Changes, such carrier must be deemed to have subjected .its road to an arrangement for teint'inuous carriage or shipment wKhi.n the meaning of 'the interstate commefroe

"It follows," he ©aid, "that it was wit'hin jtihe jurisdiction of the com'm.ssi'Cn "'.to ccn.sider whether the Georgia oampany, in charging a 'higher rate for a 'Shorter than far a longer distance over the same line, 'in the same direction. the shorter being included withiini •the longer distance, was or was rot transporting property in transit between states under substantially similar circumstances and coaditions."

The decision of the court below in the ease of Russ vs. Telfener involving the. title to 1,160,320 acres of land in El Pa.so county, Tex., was reversed by fhe Supreme Court today and :he case remanded for a new -tr:a'l. Justice Field read the opinion of tlhe court in this ca-se.

This case grew out of proceeding begun in 1891 before the interstate commerce commission 'by the New York board of trade and transportation against a number of railroad companies, among which the Texas Pacific c.ompany. was not included, though it was afterwards inoluded. It was claimed that an unjust discrimination was made by railway lines starting at the eastern sea board of the United States, in favor of goods coming from abroad, under joint ocean and railroad traffic and against dmestic traffic originating at the sea board and going thence to western terminals and carried under substantially similar conditions from such westward, but the discrimination often amounted to 50 per cent in -the interest Cf the foreigners and that there were no circumstances or conditions relating to imported traffic which could justify any difference in rates ibetween imported traffic transportated to any place ip the United States from a port of entry and other traffic frdm such port. The Texas «Faciflc company admitted that it carried imported goods at lower rate3 than those it had contemporaneously charged for like goods originating in the United States and not imported from Europe and alleged that it did so because through shipments from foreign courrtrys to theinterior of the United States differ in circumstances and conditions from shipments originating at the American s/abogrd bound for the' same interior points. It cla/imed that the controlling forces which made the rates, that it saw •fit to charge were the water lines from Europe to the Pacific coast. Justice •Harlan dissented.

Ik ..

$Ur**

J* 4P9£yi&%&,

6" J8fc& j?i* 1*5 ~»-£?$S, 4**

STILL IN THE WOODS

Law Under Which the Alleged Bank

.Wrecker Was Indicted Constitutionals

FATE OF MEADOWCROFTS IS SEALED.

ATTORNEYS EXPECT THE SAME RUL

ING FROM INDIANA COURTS. .^ ',

If Meadowcrofts Go. to Prison it Looks

Black For Mr. Beach. -.

If the Supreme Court of Illinois and the 'Supreme Court of Indiana take the same view of the law governing bank failures—and the laws are alike—John S. Beach, alleged wrecker of the Prairie City Bank of this city, is by no means out of the woods. Ifthellllnois Supreme Court is correct the decision of Judge White will be reversed and Mr. Beach will yet be forced to answer to the charge of embezzlement." .i

Mr. Beach was placed on trial at Rockville some time ago charged with embezzling a sum of*.imoney from John ©runs. The evidence /had been' had before'the grand jury and-was ready to be introduced in the P-arke county courts, to where the case .had been venued, that Beach had accepted money on deposit from Mr. Bruna within thirtydays prior to the failure of the bank, and that he had reason to know that at the time of reciving the money his bank was insolvent. The defense attacked the constitutionality of the law, claiming the business of the bank was, at the time of the trial, in the hands of the assignee that the assignee -had not completed his report, and that owing

this fact 6iere was no way of determining whether the bank was insolvent or no't. To make it gtrons the defense claimed that if given time the assignee would pay all the indebtedness that the assets, when sufficiently developed, were sufficient to meet all obligations. The -attorneys for the state, in opposition to this, claimed that if the-losing depositors were foroed to wait on the slow movements of the assignee to develop" certain parts of the assets they woujd at last have no redress, as they would be barred from criminal prosecution by the statutes of limitation the state's at-

Several opinions of importance were handed down by the Supreme Court at Ottawa late Saturday night. Chief among them is the decision sustaining the verdict rendered in Judge Brentano's court, sentencing Frank R. and Charles J. Meadowcroft to one year each in the penitentiary.

The verdict was rendered December 14, 1S94, since which time the Meadowcrofts have been put on bail pending the final decision of the Supreme Court. They are living at present at No. 3S0» Forest avenue, but last night refused to discuss their case. The decision is especially important as it establishes the constitutionality of ihe banking law under which they were convicted, thus being the first case under that law in this state. The case was a long and bitterly fought ohe. The Meadowcrofts were defended by" ex-Judge Collins, Edwin Walker and A. J. B^dy, while A. S. Trude conducted the prosecution.

Judge Collins said yesterday the case was taken to the Supreme Court on constitutional grounds. Unless the opinion discussed the exceptions entered by the defense during fhe trial they would have grounds for another appeal to the court at Ottawa. In their appeal to the Supreme Court their aTgument was they were conducting a legitimate business, such as a dry fro*Js or any other business, and claimed the banking law was

LOSING DEPOSITORS OF THE PRAIRIE CITY BANK HAVE HOPE. *7^ sgr* -I -ii»- ?Ji The Supreme Court of Illinois Declares the

Statutes of Ulinois and Indiana Are Alike—

A- V5

In. their arguments tprney cited the statutes of Illinois a ^eatly^pleased. "That is good," said being Identical to those of^this sta^^

must

ceived the money from Mr. Bruns, he was guilty of embezzlement. They claimed the crime had been completed so far as Mr. Beech was, concerned and •if he hadccunted the money out to Bruns on £he day the trial was begun, it would nj£.effect the indictment.

Judge White, however, took a different view of the matter, sustained the defense and dismissed the casS atfier much of the' evidence had been introduced. The attorneys questioned the judge's right to take the case from the jury after trial on the issue had been begun and this' question is one of the propositions in the appeal now pending in -.'he Supreme Court of the starte. All along the attorneys for the state have said that if the Illinois Supreme Court sustained Judge Brentiano on his rulings in the Me-adowscroft cases «.'hey ihad hope of the Indiana-Supreme Court reversing the rulings of Judge White im the Beach case, as the cases weire alike and the rulings the reverse. The Cook county courts have been sustained by the Supreme Count of Illinois and the losing depositors and the attorneys against Mr. Beaoh fee.1 hopeful that the case is not ended -aind that when the Supreme Court of Indiana hands down its decision on the Bruns case the prosecution of the alleged bank, wrecker will be resumed, -with assurance of conviction. Regarding,the Illinois Supreme Court decision in the Meadowscroft ca-33 the Chicago Tribune of yesterday prints the fell owing:

»'iu* *. "V

mm&Z

unconatitutional because It placed certain restrictions.on one brandh of business and not on all.

Banking a S#ml-Pubilc Business.

The Supreme Court in its opinion decided the banking business was of a seml-puijlic nature, like railways and telegrapth companies that the banker occupies the position of trustee for the money of the people. By the success of his transactions he .becomes a capitalist and gains a reputation as a safe man to 'be entrusted with money. For thai reason the staite must insist that his pretensions are properly executed, otherwise the banking Institutions of our staite would be given to bold rotbbery. The depositing of money possesses no element of a trade -the transaction is made purely on the integrity of the banrtcer. The court holds that •i'lse law intends that -the offense shall be considered as having taken, place the moment the bank fails. If within thirty days of the date of the fiaiilure ihe banker accepts a deposit, knowing at *he tinje that the bank is insolvent, he is guilty under the law. The contention of the defense tihait the offense does not exist unless it is shown upon the settlement of the affairs of the bank the depositor has been defrauded is set aside for the reason 'that the moment the money is not available the fraud exists.

Must Rely on Banker's Honesty.

Nothing remains for a defrauded depositor after a bank fails save the honesty of the banker, and if the depositor should delay a prosecution of his case until -the final settling up of the banks affairs he would be barred, by the statute of limitations.

The Meadowcroft brothers bank failed June 5, 1893. Heavy

number

and

were

•most of

unsuc

cessful investments in World's Fair hotels was largely the cause of the collapse. When Receiver Crandall mves.i-"•a-ted the books of the firm he found

but ties The assets of the bank were 5374,000, S12S.000 or more of this proved worthless.

The two "brothers were ind.cted by the April grand jury in

1894'

^an?

was arrested on Saturday, Judge Chetlain held a special session of his court the following day, Saturday, and released him on bail.

additional indictments

brought against

the

which

technicalities.

•brought against

Meadowcrofts

were dismissed on legal

In April

suit

was.

them

lins, 'Who set

#to

by John

day on which the bank

he deposited

J. Col

forth

that June 3, 189o,

the

closed its

doors,

$200. After

numerous post

ponements the case came up for trial December 4. The state produced evidence to show the bank bad been .imsolveaiit for over a year. A great sensation was caused by the attorneys for the defense offering Mr. Collins the amount of his claim, with interest, while he was on the stand. The defense throughout was made o« 'purely technical grounds, no witnesses being produced. A verdict was reached at 1:10 a. m. on Friday, December 14, 1894, ,§md the men sentenced to one year in the penitentiary a few days later.

When told of the decision of the supreme court yesterday Mr. Trude was

wm show

and pointed to-the case of.Charles and Frank Meadowcroft, of Chicago, who had been sentenced to a year's imprisonment for an offense similar to the one charged against Mr. Beech, the prosecution having been under the Illinois statute, which is identical to the law under which Mr. Beech was being tried. The defense had appealed to the su- i- «.• ipreme court and the convicts were then river, a druaken Osage Indian rode -his out on bail pending a decision. The grounds upon which the appeal wa,s

dishonest bankers

they must stop stealing."

AN INDIAN WITH A "JAG."

lie Rode Into a School House and Caused a Kow.

Perry, O. T., 'March 30—At Horseshoe Bend school house on the Arkansas

horse into the building during a dance Several young ladies fainted and were

taken was same as .set up by defense 'badly hurt in the stampede which folin the Beach case. In additin to the i-Jowed. An all-round fight occurred claims of unconstitutionality, it was when a half dozen young men attemptshown that Mr. Beech held a note a- ed to eject the Indian, who sat on his gainst Air. Brans and they claimed horse In the center of the room. Carl that a settlement between them

Bradley, William Hopper, Sim Per-

be had before it could be determined shall, Ludlow Mitchell and Mi^fees Netwhether the defendant was indebted to tie Pershall and Lena Kischer were Bruns or not. As against this argument hurt in the affray. The Indian was the attorneys for the state claimed the kicked and beaten into insensibility, Chicago will not vote for note was imaterial—that if Mr. Beech's One young lady was fatally hurt by the bank was insolvent at the time he re- horse running over her.

New JWanacer for Rryce & Co's Store.

A new manager will be installed in the clothing store of A. C. Bryce & Co. tomorrow in the person of J. E. Pierson, who for several years has had charge of Mr. Bryce's store at Logansport. Mr. (Pierson is a man of wide experience in the clothing business, which, coupled with the reputation of the house for fair dealing, insures his success in Terre Ha-ifte. Mr. Pierson once managed •Bliss, Swain &

Co.'s store

at Shelbyville,

also The Progress of Indianapolis. Mr. Pierson has already removed his family to this city.

Hell Hath No Fury, Etc.

San Francisco, March 30.—As John Martin, driver of a patrol wagon, was sitting in his wagon in front of police headquarters at the city hall a-: noon •today his wife came up behind him and shot him three times with a pistol. One buMet passed through Martin's body a.nd he Will probably die. Mrs. Mar.in gave as a reason for the shooting that

The Gold Reserve ITp.

Washington, March 30.—The gold reserve," as officially reported today, is $128,711,956, the highest point yet'reached during the present administration. The total amount of gold so far received on account of the last bond sale is $106,159,071, of wh/ich $95,393,350 is for principal, $10,166,964 for premium and $148,-» 757 for interest, which leves approximately $5,000,000 yet to" be paid under, the conditions of Secretary Carlisle's circular.

"Brijcps" Schaman'H Successor Appointed Omaha, Neb. March 30.—Charles E. Clark, a printer who has worked in the city for a number of years, has been appointed superintendent of the ChildsDrexel Printers' Home at Colorado Springs, Colo. He will succeed Schu- ,'ihe conventxin

tee which has the management of the. now see the major will noV wiu. home in charge.

The baking powdie.r that Is a. guaranty of the best cookery, Dr. Price's.

Back From the Gold Fields. •Micba*4 Kinney, Jr., arrtvetil Jn the cQfcy yestt.Tiday fresn Cokw£do Spring and is ntopipiliagi&t -Che Terre Haute Mr. K-ir.ney *3 a Terre Haute boy aril 'Ja a son ctf Mdchaed Kinney, the well known tilly saleRm&n for Henry Mey.r, the wfcblcuale Squor dealer. Mr. Kfoney has a very severe a«ttack of the gedd farer. In flaot, he fc a broker In goCd mining' «rtixak. He wiHl remain in Terre Ilairt-e for several days vK't^ng- reftattves and old

?f» j»

«fr

Dally Established 1853

M'KIMIY iS WlMSr,

POLITICAL HIGH TIDE HAS TURNED

AND IS NOW EBBING.

The Stampede of Delegates Has Been Ar-

xested and of Sixteen Chosen Last

,, Week He Got Two.

CLARKSON SAYS HIS DOOM IS SEALED-

THE OHIOAN'S CHANCES IN THE. SOUTH,ARE DWINDLING.

Allison's Manager Says That the McKin-

ley pianoforte Had a Short Gamut-

New York Claims Absurd.'

The McKinley excitement in Illinois is apparently at its height now, but i* expected to wane the coming week. say» the'Chicago Tribune. Thus far six Illi* nois

districts

have elected their dele

gates, and only one of these has instructed its delegates to vote for Major (McKlnley. Five districts have not fettered their delegates with instructions. There was a time, not long ago at tha^t, when Major McKinley's managers in (Illinois claimed tihe state and said they would have at least thirty-six out of the forty-eight delegates to the St. Louis convention. Cook county furnish®^" the •first wet blanket and the action of the Republicans in the Twentieth district was a da'mpener. Fifty-five out of the 117 delegates in that convention were instructed for' McKiniey. The convention met at Garml las week and elect-, ed unpledged delegates. The same course will be pursued in numerbus' other districts where the McKlnieyites are equally sure of success.

The Republicans of Illinois are in the main alive to the fact that the prime or active movers who are thra-shing the state for .McKiniey are principally maa who have no particular prestige with the dominant Republican faction In IIlinoto.

Mr. McKinley's Leaders.

But, to be more explicit. General John MefNuha is one of the many heads of ihe iMcKinley campaign in Illinois. Aside from the general's election to congress once in the misty past, history fails to record him among the winners in any politioal fight of the many in which he has engaged. Other equally noteworthy Instances can be mentioned. It is becoming eyident the major has noft enough votes to get him through on th* first 'ballot. '.Illinois is made a battleigroujid. It ts believed by many Republicans that the patronage Major McKiniey will, in case of his nomination and election, have at command in Iliiripls must necessarily be pledged to men who have little pull in active politics an3 want to'break !.n. or to mugwumps. flhxteen national delegates were elected" on Saturday, and only two of these were for 'McKiniey. This brace came from Nebraska. Six in Oklahoma four in New York, two in Tennessee, and two in Massachusetts were against him. Te-cas &nd Massachusetts in state convention deny the last week McKiniey. The New England -ta.e. every vote—New

Jersey, Delaware,

protectionists, and old against McKiniey. Soatl. is Divided.

The south is divided and a majority

of the deiegat" ~h,rty

Ohioan Twenty out of

froin

th®.^"rVLK-n.

Chicago will not vote foi

him• nQt

ley has Ohio after a fashion. ikelv to gert Indiana, and he cann.-t,

Sid.

majority ol the

imao* de

The Dakota* are his and so art* 'A,fnnpsota and Michigan. Dr.\-cousms-M.nnesoia auu m-m-crera en to desperate starts himj have invaded

Kentucky

enckavori-^

to take that state away tronj lev, who so gallantly carried -t tor ne Republicans last fai1-

The

•"u

the most careful scrutiny of the dele gates already, elected,

adc^

vote he can possibly get. ta.ls Major McKiniey anywhere near a majority of the convention, riom th.® time forward his tide will be on t.ie ebb It is believed he has all the ^tes he will set and ,be shrewdest manager, •now realize to its utmost the fact that he is not going to win out.

As is indicated Illinois is going to be one of the great battle grounds of a» campaign. Men who can to congress from their own 5.stricW or even control a delegation to a state convention, have been ridaig on -o crests of ahe McKiniey waves. It gives theAi an opportunity to rehalulita.e

SAiC iCOi3Uil lUi I'.IC Sfil-W LtHfr CJKAL rimnai'Tl farcin had not been 'home for several themselves in politics a nights and last night was drinking when there seems to be no enc ready" in the wheel to produce result.

hard. She added she was tired of his neglect and determined to puni3h him. She shows no regret for 'the shooting.

The outfit embraces everything fio.u

•field marshals and generals down to ward and schoolhouse shouters. It runs everywhere". W. G. Edens of Galeaburg has been out in HHno^ ly five months for McKlnley. lie visits county conventions, distributing thousands dt copies of the Commercial-Ga-zette containing eulogistic sketches or Major McKiniey. County conventions swayed by temporary excitement. If not by sentiment, pass iMoKinley resolutions and Edejjs runs off to Oh to tell the MJaKinleyites what he has accomplished. $

Carmi Convention.

The histoid of the Carmi convention iwill -repeat itself a good many times. Tliis was one botttled up and sealed for McKlnley, copper riveted ar.d .glued. The delegates reajized to the the fatft It was time to cail a halt, and •the convention elected unpledged de.e-

e'®c"

man who has held the position for some I gates. Tb«re will be minoiL time, 'but against charges of incompet- roerous other distric ency which had been made. The mew I claimed by McKiniey men, -titfe appointment was made by the commit- Jority of the

Republicans

prefer to elect delegates to -the St. (Louis convention whose hands are r,ot tied and fettered by instructions. The last ditch a?t won't go this year.

Jttmed

S. Clarkium'" Tri-

J. S. Oiarkson, nai.ianal RepoblJoaa. corr.oii-iteeraan for Iowa, was wl ibe AudttGrium yesterday. He has la,te«y uzcii in nearly all the «rtates anil west of the Mississippi river aad he was asked wba»' lie had learned during trie. He said: "In the last thcee

In the state of