Terre Haute Weekly Gazette, Terre Haute, Vigo County, 26 June 1879 — Page 1

VOL.li.--NO.32.

NO. 4.

The President-* Veto of the Judicial Eipen^cs Bill.

For Reasons, See His vious Messages.

Pre-

But the Principal Reason is Evidently the Fact

That He Thinks Congress is Curtailing- His Power.

THE VETO.

Washington, Jtfhe 23.—Following is the text of the President's message vetoing the Judicial expenses bill:

To the House of Representatives:—After a careful examination of the bill entitled "An act making appropriations for certain udicial expenses," I return it herewith to the House ot Representatives in which it originated with the following objections to its approval:.

The general purpose of the bill is to provide lor certain judidicial expenses of the government for the fiscal year ending June 30th, 18S0, for which the" sum of $2,690,000 is appropriated. These appropriations are required to keep in operation the general functions of the Judicial department of the government and if this part of the bill stood alone, there would be no objection to its approval. It contains, however, other provisions to which I desire respectfully to ask your attention. At the present session of Congress a majority of both Houses favoring the repeal of the Congressional election laws embraced in title 26, of the revised statutes, passed a measure for that purpose as apart of the bill entitled "An"act making appropriations tor legislative, executive and judicial expenses of the government for the fiscal year ending June 30th, 1SS0, and for other purposes." Unable to concur with Congress in tha measure on the 29th of Ma}' last I returned the bill to the House of Representatives in which it originated, without my approval for that .further consideration for which the constitution provides. On reconsideration the bill was approved by less than two thirds of the House and failed to become a law. The elections laws therefore remain valid enactments aaa supreme law of the land, binding not only upon all private citizens but also alike and equally binding upon all who are charged with the duties and responsibilities of the Legislative, Executive and Judicial depts of of the government. It is not sought by the bill before me to repeal the election laws. Its object is to defeat their enforcement. The last clause of the first section is as follows: "And no part of the money hereby appropriated is apdropriated to pay any salaries, compensation fee or expenses, under or in virtue of title 26 of reyised statutes, or of any provision of said title." N*,

Title *26 of the revised statutes', re fei erred to in the foregoing clause relates to the elective franchise and contains the laws now in force regulating Congressional elections. The 2nd section of the bill reaches much further. It is as follows: "Sec. 2.—*That sums appropriated in this act for persons and public service embraced in its provisions are in tu 11 for such per sons and the public service for the fiscal year ending June 30, 1880, and no department or officer of the government shall, during 6aid fiscal year, make any contract or incur any liability for the future payment of money under any of the provisions of title 26 of the revistd statute of the United States, authorising the appointment or payment of general or special deputy marshals for service in connection with the elections or on election day until an appropriation sufficient to meet such contract or pay such liability shall have first been made by law."

This section of the bill is intended to make extensive and essential change in existing laws. The following are the provisions of the statutes on the same sub ject, which are now in force: "Section 2679:—No department of the

forernmentany

shall expend in any one

seal vear sum in excess of the appropriations made bv Congress for that fiscal vear, or involve the government in any contract for the future payment of money in excess of such appropriations." "Section 2732:—No contract or purchase on behalf of the United States shall be made unless the same is authorized by law or is under an appropriation adequate to its fulfillment except in the War and Navy departments for clothing, subsistence, forage, fuel, quarters or transportation which, however, shall not exceed the necessities of the current year."

The object of these sections of the revised statutes is plain. It is, first to prevent any monev from being expended unless ap propriations have been made therefor, and,second to prevent the government from being bound by any contract not previously authorized by law except for certais necessary purposes, in the War and Navy departments. Under existing laws, the failure of Congress to makej,the appropriations required for the executing of the provisions of the election laws would not prevent their enforcement, "he right and duty to appoint general

and special deputy marshals which they provide for would remain. The election davs of the government would also be empowered to incur the requisite liability for their compensation but the second section of the bill contains a prohibition not found in any previous legislation, its design is to render the election laws inoperative and a dead letter during the "next fiscal year. It is sought to accomplish this by omitting to appropriate money for their enforcemet and by expressly prohibiting any department or officer of the government from incurring any liability under any of the provisions of bill 26 of the revised statutes authorizing the appointment or payment of general or special deputy marshals for service on election days until an appropriation sufficient to pay such liability shall have first been made. The President is called upon to give his affirmative approval to positive enactments which, in effect, deprive him ot the ordinary and necessary means of executing laws still left on the statute books and embraced within his constitutional duty to see that the laws are executed. If he approves the bill, and thus gives to such positive enactments the authority of law be participates in the curtailment of his means of seeing that the law is care fully executed while the obligation of the"law and of his constitutiosal duty remains unimpaired. The appointment of special deputy marshals is not made by statute of a spontaneous act of authority on the part of any executive or judicial officer of the government, but is accorded as a popular right of the citizens t« call into operation this agency for seeuring the freedom of elections in any city or town having 20,oo* inhabitants, or upward. Section 2021 of the revised statutes puts it in the power of any two citizens of such city or town to require of the marshal «f the district the appointment of these special deputy marshals. Thereupon the duty of the marshal becomes imperative and its non-performance will expose him to a judicial mandate or punishment or to removal from office by the President, as the circumstances of his conduct might require. The bill now before me neither revokes this popular right of citizens nor relieves marshals of duty imposed bylaw, nor the President of his duty to see that this law is faithfully executed.

I forbear to enter agaim upon any general discussion of the wisdom and necessity of election laws or the dangerous anJ inconstitutional principleof this bill that the power vested in Congress to originate appropriation involves the/ight to compel. the Executive to approve any legislation which Congress may see fit to attach to such bills under the penalty of refusing the means needed to carry out the essential functions of the government. My views on these subjects have been sufficiently presented tn special messages sent by me to the House of Representatives during their present session. What was said in those messages I regard as conclusive as to my duty in respect to the bill before me. The arguments urged in these communications against the repeal of election laws and against the right of Congress to deprive the Executive ot that separate and independent discration and judg ment which the constitution confers and requires are equally cogent in opposition to the bill.,This measure leaves the powers and duties .of supervisors of elections untouched. The compensation of those officers is provided for under the permanent laws, and no liability for which an appropriation is now required, would therefore be incurred by their appointment, but the power of the National government, to prohibit them in the discharge of their duty at the polls would be taken away. States may employ both civil and military power at elections, but by this bill even civil authority to protect Congressional elections is denied to the Wnited States. The object is to prevent any adequate control by the United States over national elections by forbidding the payment of deputy marshals, officers who are clothed with the authority to enforce election laws. The fact that these laws are deemed objectionable by a majority of both Houses of Congress is urged as sufficient warrant for this legislation. There are two lawful ways to overturn legislative enactment: one is their repeal, the other is the decision of a competent tribunal against their validity. The effect of this bill is to deprive the Executive department of the government of the means to execute the laws which are not repealed, which have not been declared invalid, and which it is therefore the du tv of the Executive and of every other department of the government to obey and to enforce. I have in my former message on this subject expressed a willingness to concur in suitable amendments tor the improvement of the election laws, but I cannot consent to their absolute and entire repeal and I cannot approve legislation which seeks to prevent their enforcement.

RUTHERFORD B. HAYES, Executive Mansion, June 23d,'79.

A VANDALIA FREIGHT TRAIN WRECKED. Special to the Indianapolis Sentinel:

Harmony, Ind.„ June 24.— A Vandalia freight train, bound east was wrecked three miles east of here last night, delaying the eastward-bound trains seven hours. Three cars loaded with fast freight were ditched. A brakeman was slightly injured.

TWO ELEVATORS BURNED. Buffalo, June 25.—The Empire and Marine elevators burned to-day also some small houses adjoining. The uncompleted building was badly damaged loss $75,000, the m«st part insured. The elevators were not in use but were in the Elevators' association.

CROP PROSPEGTS.

Toronto, June 25.—Reports from Ontario and other provinces show prcspects for more than average crops.

THE HULL MURDER.

The mystery is Solved,

at Last

Christian Cox, Colored, the Author of the Deed.

The Stolen Jewelry Betrays the Murderer,

And Leadi to His Identification and Capture.

A Description of the Murder by the Prisoner.

Boston, Jane 23.—The murderer of Mrs. Hull, of New York, was arrested in this city, to-night, and is now in the custody of the police authorities. His name is Chastine Cox, a copper-colored negro, who has been employed as a waiter for a year and a half in the neighborhood of the Hull residence, in New York City. This negro made his appearance in Boston a week ago to-day, and, as is now known, went into a pawnbroker's shop, where he disposed of a comeoset of jewelry. About the same time the superintendent of police received from New York a description cf the property, and this set was found by the officer in a pawnbroker's shop in this city. The pawnbroker then furnished the officer with a description of the party who pawned it. The search which was then commenced revealed the fact that the negro Cox, after getting rid of the jewelry, went to New York, and remained two or three days. In the meantime he made some alterations in the character and color of his clothing. Mr. W. R. Balch, a newspaper reporter in this city, had obtained a description of this man,"and this evening, while walking along Shawmul avenue, he observed a colored man in front of him in the company of another man, and the appearance of the negro impressed Balch as very much in accord with the description that had been given by the pawn broker of the man who pledged the cameo. After a careful observance of the party, Balch approached him and inquired if he could direct him to Bunker Hill street, and to this inquiry the negro responded that he could not, as he was a stranger here from New York. This tending to confirm the impression that he was the person wanted, Balch watched until he saw him enter a colored church, and then hastened to inform the police authorities, who sent a detail ot officers and made the important arrest.

Cox made no resistance, but went quietly to the police station, where he was searched and Mrs. Hull's watch was found on him and thoroughly identified. He was not reticent, and said, in answer to questions, that he had lived for a long time opposite Mrs. Hull's house, and at the time of the robbery he entered through the lower window, and went up stairs to her room. He further said that his purpose was robbery alone, and he did not Jjtend to kill her.

Private Detective Otto and Police Officer Schmittsburger.ot New York, have arrived here, and visited Cox at the station to-night. He was fully recognized, and also gave evidence that he knew the police officer. Mr. Carval Coleman, who lived in the house with Mr. and Mrs. Hull, who is also in Boston, visited the police station to-night, and recognized the person as a man he had seen fre quently on the opposite side of the street from the Hull residence.

The negro has appeared very calm and indifferent since his arrest, and has talked without much hesitation in giving details of his crime. He went home on the evening of the night on which Mrs. Hull was murdered, at six o'clock, and remain ed in the house where he was employed until ten o'cloc*, when he went out again. He had a key for the doer of the Hull residence, but he was unable to make it fit, and therefore he raised the window in the lower story, and fastened it up so as to provide for himself every means ef making his escape from the house. He had a candle with him. On ascending the stairs he heard some one snore and thought it was a man. He blew the candle out and walked into the room and stepped up to tbe side of the bed. Mrs. Hull, awaking, asked "Who is it?" "The doctor," replied the negro. She put her hamd up and touched his face as he was standing close to the bed. The robber threw her hand back so that she could not touch him, at the same time laying his hand heavily over her mouth. He then got hold of the cologne bottle and dashed cologne into the face of the struggling woman, after which he got up on the bed and made a gag of the bed clothing. She was, by this time, in an exhausted condition, a he tied her in the manner in which she was found in the morning after the murder, Afterward Cox related that he relighted the candle, and holding it close to her face the cologne ignited, which accounts for the singiag of the eyebrows, and other burns on the person of the murdered woman. The robbery was then committed, and the robber made his escape, soon leaving New York for Boston. He repeats his statement that he had no other motive than robbery in the assault. The police authorities here do not think there is anything of reckless bravado about the negro on the contrary he is very cowardly. He is a native I of Powhattan county, Virginia, and is

irau

TEBRE HAUTE, IND:..—THURSDAY, JUNE 26, 1879. 91.50 PER YEAR.

about thirty-two years of age. He has been stopping at No. 12 Grave street, while in this city, at the house of a Mrs. Diggs, and it was his intention to go to Providence, and immediately endeavor to get a berth as cook in some foreign bound vessel. He will be taken to New York probably to-morrow afternoon, by officers Ottee and Smidtburg.. In addition to what Cox had on him when arretted, and which was immediately identified by initials, the words ''Christmas?, 1S78," and other word», he also had" a mosaic ring, ornamented with the figure of 3 girl, which has been described frequently since the murder. The person who was walking with the murderer when Balch was first attracted by his apappearancej was also a negro, and the two were conversing in an animated tone when he reached the church.

New York, June 23.—There was a large crowd of people at the Hull inquest to-dav. Dr Hu!l looked very care worn and feeble. Miss Marie Warnig, who lives opposite Dr. Hull's house, testified that about a quarter-past 6, on the morning of the murder, she was looking out of her window, when she saw the window in the upper story of Dr. Hull's house thrown open, and a man put his head out and looked up and down the street. He seemed to spring to the window. It was not Dr. Hull. Mr. George D. Hyde, resident of Dr. Hull's house, testified that on the night of the 9th inst. he returned home and saw Mr. Chittenden and Mrs. Hull playing cards. Witness went to bed. Next morning, soon after 6 o'clock, he heard fearful screams, threw open his window and looked out, then opened the door and saw Coleman and Nancy, the cook the latter was screaming out, "Mrs. Hull is dead." Went down stairs and met Dr. Hull, shaking and exclaiming, "She's murdered!" Went into the room and witnessed the most ghastly sight he ever saw.

ANOTHER ARREST.

New York, june 24.—Bella Johnson, colored, to whom Cox gave portion of the jewelry he stole from Mrs. Hull on the night he suffocated the ladv, has been arrested and the missing jewelry recovered. The girl was asleep when arrested,and around her neck was the topaz necklace.

I NEVER WOULD HAVE BELIEVED IT. New York, June 24.—A reporter of the Evening Post, to-day, found the landlady of the house where Christian Cox, the murderer of Mrs. Hull, formerly lived. She is a Mrs. Robinson, and said, when told that Cox was arrested for the murder: "F*(tt:ver would have believed it of him. He was the most quiet gentlemanly person I ever had any dealings with. Well, I'm sorry for him and his mother." Mrs. Robinson said Cox had many friends, many of whom were connected at the Abyssinian Baptist church, Waverly place, of which he was a member. She said he paid his board bills promptly for two or three rr.ontks when he lost his position. He never appeared to have a great amount of money, but this did not appear to cause him any great uneasiness as he was ot a very jovial disposition and was continually joking and playing tricks upon his fellow lodg ers. A short time after he left he secured a situation in the house of a doctor en west 22nd or west 23d st. He retained ffais position for three weeks and then left, giving as his reason that he did not like the character of the people in the house. He paid up the ballance of the board due and from this time on he had no work except odd jobs at laying carpets. Mrs Robinson said Cox was very steady in his habits although he frequently stayed out all night. When he was away thus one night he explained his absence next morning by sa)ing he lodged with a friend down town. She had never heard him speak of any woman but he said he was a widower, his wife having died while he was in the South. Cox said to Mrs. Robinson Wednesday the nth instant that h4 was tired of loafing about the city and was going to Saratoga to look for work. Later in the day he said he was going to Yonkers, where he had been offered a situation as cook. He left the house about 3 o'clock that afternoon. He was very jovial and bade her good-bye in a hearty manner. He was not in the house the previous night. She saw nothing ofhim until Monday of last week when he returned with a strangewhom he introduced as Mr. Bacon or Mr. Beckman. Thia man, he said, was employed on one of "'le Sound boats, and his home was in Newport. He remained about (he bouse going about the streets with his friends, and did a job of carpet laying last Wednesday. He settled up all arrears of board, and appeared to have more money than usual, though he made no lavish display of it. Friday morning he told her he was going to Newport to visit his friend. She told him she was going to leave the rooms the 1st of July, and jokingly said if he was not here she would put his trunks on the street.

He was engaged all day packing trunks and goods which he sent away about 1 o'clock, going himself about two hours later.

SILL ANOTHER ARREST

Geo. Taylor, a boxer at Owney

Geoghegan's, has been arrested. He is a colored man, to whom Bella Johnson gave one of the rings which Cox gave her. He and the girl were at the coroner's office to-day, and were subsequently sent! to thej house of detention. Bella Johnson said her scauaintance with Cox began last winter when he was cook for^the family in Twenty Second street and procured her a place in the same house to do general housework. He gaye her the jewelry soon after the 10th inst., the date of the murder. She also said Cox came to her again Wednesday, the 18th, saying he had just returned from Boston. He then gave her one of the rings stolen from Mrs. Hull.

CONDENSED LIGHTNING. Milwaukee, June 24.—Mrs. Sarah W. Underwood, charged with forgery, wa6 discharged to-day.

Nashville, Jane 24.—C. F. Ordway & Co., clothiers, failed for $44,923 assets, $47,256. The creditors are mostly in Eastern cities.

Philadelphia, June 24.—The inter-col-legiate boat race was won by the University of Pennsylvania Columbia, second Princeton, third.

Buffalo, June 24.—Thos. Dunkel, charged with wife-murder, killed himself to-day with a razor given him to shave before appearing for trial.

New Orleans, June 24.—In the Democratic caucus to-night, discussing the state debt, a proposition to pay 3 per cent, for 10 years and 4 per cent, thereafter, was defeated, 40 to 33.

Fall River, June 24.—The spinners will inaugurate tbe strike to-morrow in all the mills where the ten days' notice has expired. The general opinion is that the manufacturers will make no concessions. They will endeavor to rua the mills independent of the strikers.

Toledo, June 24.—The Ohio Liquor Dealers' association met at Teutonia hall to-day, D. P. Foster, of Cleveland, presiding. A weekly paper to advocate their opinions is to be started. A clause in the constitution provides that any member who shall sell liquors to any minor or habitual drunkard or drunken person shall be expelled from the assOcia tion.

Memphis, June 24.—Reports from a large number of cities which were last year smitten with the yellow fever, bring the gratifying news that in all of them the health out-look is better than ever before at this season of the year. Great precaution has been taken in sanitary matters and quarantine regulations established ready to be enforced should the emergency iri6e.

CONGRESS.

SENATE.

Washington, June 25.—President pro tem Thurman was absent to-day owing to illness, and Eaton took the chair.

A communication from the Secretary of the Treasury, transmitting information in answer to a resolution regarding the action of the national board of health under the act authorizing a contract for a refrigerating ship, etc., was referred.

Vest introduced the following joint resolution The complete remonetization of silver, its restoration as money metal and its free coinage by the Government of the United States are demanded alike by the dictates of justice and wise statesmanship ordered printed.

Vest gave notice of his intention to speak upon it to-morrow. Burn»ide introduced a joint resolution substantially as follows:

Whereas people of the Union for fifty vears have adhered to the Monroe doctrin that the nations of the American continent by the free and independent condition which they have assumed and maintained are henceforth not to be considered as subjects ror the future occupation by any European power, therefore,

Be it resolved by the Senate and House of Representatives, that the people of these states would sot view without serious inquietude, any attempt by the powers of Europe to establish under their protection and domination, a ship canal across the Isthmus of Darien, and such action could not be recorded in any other light, than as a manifestation ©f our unfriendly disposition towards the United States. Referred to the committee on foreign officers.

The joint resolution providing additional pay for employees of congress, was considered, the pending question being on amendments adding the language of the recent judicial expenses bill.

Beck gave notice of an intention to offer two amendnents, one in substance making it a penal offense for any officer of the government to violate sections 3,678 and 3,679 of the revised statutes and the other being similar to the political contribution biH, now before the House.

HOUSE. Washington, June 25.

A resolution instructing the committee on rules to sit during vacation for the purpose of codifying and simplifying the rules «f the House, was reported by Blackburn. It gave rise to considerable discussion regarding the complete unintelligible, contradictory system of the rules at present governing the House.

The Speaker mentioned it as an historical fact that except in two instances, the woman suffrage and liquor traffic, reports of the committee on rules had never been made on party grounds.

Finally the resolution was adoptod without a division. The Senate bill exempting from lis cense and other fees, vessels not pro" pelled wholly by sail or by internal mo. tive power of their own, was taken up.

MP* a «*s*

E.

FOREIGN.

Directors of the Bank of Germany Want More Silver.

Prince Jerome Will not Issue a Manifesto.

CONBOLENCE.

London, June 24.—The Press associaton says President Grevy has officially sent a message of condolence to ex- Em press Eugenie, on behalf of the republici

DENIED.

Paris, June 24.—A dispatch says it is semi-officially denied that President Grevy has sent a message of condolence to ex-Empress Eugenie.

PREPARING FOR WAR.

London, June 24.—A dispatch from Janina to The ijrandard states that pending the result of the meeting of ambassadors at Constantinople, the Turks have prepared everything for war. Reinforcements of six battalions of infantry and three battalions of artillery have arrived at Volo large bodies of bashi bazouks are assembling in Albania, ready to march into Epirus and Thessaly.

London, June 24.—There is some tear in Constantinaple that the sultan, if he consents to the abJication of the knedive will no longer have any control over Egypt.

NEW PROGRAMME SUBMITTED. Constantinople, June 24.—The grand vizier submitted to the Bultan the .new programme of policy, and requested a modification of the present ministry.

THE CZAR.

London, June 24.—The Berlin newspapers repeat the statement that the czar is expected there shortly to visit Emperor William.

GERMAN TARIFF.

London, June 24.—A Berlin dispatch says: The independent newspapers oppose Von Benningsen's scheme in the reichstag for a compromise on the tariff question by which, if accepted, the government would gain the support of the National Liberals. A new proposal has been put forward that revision of the tariff be conceded te.nporaaily, until the amount of revenue to be assigned to the imperial government shall be fixed, so as not to place the government in uncontrolled possession of an unlimited income.

THE BODY OF THE DEAD PRINCE. London, June 25.—The body of the Prince Imperial will arrive here abjut the 28th of July.

THE MANIFESTO.

Rouher's organ, the Lordre, contradicts the reports that Prince Jerome Napoleon would issue a manifesto.

A BLACKMAILING BAND. Madrid, June 25.—A band of blackmailing brigands in Catalina have been dispersed by Gen. D'Arlerie six killed ana several wounded.

THE IRISH UNIVERSITY BILL. London, June 25.—The government has decided to oppose the second reading of the Irish university bill.

WAR ON THE COLORADO BEETLE. Paris, June 25.—Evrard, Minister of Agriculture and Commerce, has submitted to the Senate a bill increasing the government's powers to deal with the Colorado beetle and pholloxera.

THE GERMAN TARIFF.

Berlin, June 25.—The German Reichstag by a large majority has approved the Government's proposals in regard to the duty on oil, grease, lard, soap and perfumery. The tariff tobacco commissioners are getting through with their labors with equal rapidity, so there is every prospect of Prince Bismarck's realizing his wish for a speedy increase of the revenue.,,

DEDICATED.

Rome, June 25.—The monument on the battle field of Custozza in memory of the slain in the battle between the Italians and Austrian* on the 24th of June, 1866, was dedicated yesterday. Prince Amadeos represented Italy, and the field marshal Count Von Thun Hehenstein, specially delegated by the Emperor, represented Austria. Deputations from the Italian parliament and army were present. All speeches expressed cordial sentiments toward the Austrians.

THL ALGERIAN INSURECTION. Paris, June 25,—The insurrection in. Algeria is ended and 4,000 insurgents are in the hands of the French.

Simla, June 25.—A strong Algerian force has left Cabul to pacify the tribes in the Badckskan district of Coerkistan.

A MIDNIGHT VISIT.

Cairo, June 25.—The British, French and German consuls general proceeded after midnight to the palace and declared to the khedive his deposition by the sultan and that the dispatch of Hulim pa6ha to Egypt to succeed him was imminent unless he.immediately abdicated. The khedive merely again referred the consuls general to the sultan.

YELLOW FEVER.

Lisbon, Jvne 24.—2 cases of yellow fever occurred near the city. FAILED.

London, June 25.—Geo. Plumble. dealer on the stock exchange, has fill Liabilities about

£20,000.

THE GERMAN BANK WANT* MORE., SIL^. VER. "„c Boston, June 25.—A dispatch says the directors of the Imperial Bank of Germany have passed a resolution declaring that an increase of the silver coinage ot Germany is imperatively necessary.