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The Courier-Journal from Louisville, Kentucky • Page 2

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the soared Inhabitants and hordes hurrrln southward for safety. The latent report of Boer sctivity emanate from Newcastle, Natal, snylng that the Transvaal forces are encamped at ZanJsprint. and Intend to raid Natal ImmMlatHy after they understand that Mr. Chamberlains reply la not satlsfac-tory. The British army nursing service Mils from Southampton to-morrow, and MaJ.

Gen. French sails Saturday. He roes to Durban, Natal, to commtnd the cavalry brigade. The foregoing Includes all th actual developments, but they help little to solve the universal problem: "Will there be war?" The answer of President Steyn, of the Orange Free State, to Sir AJfred Mllner. the Fritlsh High Commissioner of Pouth Africa, ta not regarded as a satisfactory explanation of the Free State's position, and by no means dissipates the Increasing seriousness With which the position Is regarded.

BREACH 07 FAITH Charged Against the Imperial Got-, ernment By the Volksraad's President. Tlloerhfonleln. Orarre Free State. Sept. 21.

The Voiksraad met -to-day with a full attendance. President Steyn read a carefully prepared speech. After welcoming the Burghers he expressed re arret that the relations between Great Britain and the Outlandera had become trained. The members, he said, were aware of the meeting of Sir Alfred Mllner and President Kruger at Bloem-fonteln when President Knitter made proposals, which, although refused by th British High Commissioner, were unanimously considered throughout the Orange Free State to he exceedingly fair. Proceeding- to review the negotiation President Steyn said tfc.e Transvaal had bees decoyed by the British diplomatic agent at Pretoria, Conyngham Greene, and he practically accused the Imperial Government of a breach of faith.

Be aald he was disinclined to advise the Transvaal Government to accept the latest British The present critical stats of affairs could not be a matter of Indifference to the Orange Free Stats, which was bound by treaty to afford assistance to the Transvaal. and ho bad. therefore, convened the Voiksraad to decide what attitude should be taken. "There la nothing." declared the President, "that warrants war or an attack upon the Transvaal. Such differences) as exist can be solved by arbitration.

War would be an insult to religion and civilisation." In conclusion President Steyn said ho would take this opportunity of laying certain draft laws before the Voiksraad for consideration, praying God to give the members strength to pass resolutions not only conducive to peace and prosperity, but also In the Interest of their beloved State. Immediately after the speech he asked the Voiksraad to go into secret session, which was agreed to unanimously. ATBXXAXDZXLS TO XBTJQXSL. They Ask That Ail Conservative Meana Be Exhausted Before a Resort To "War. Cap Town.

Sept. 20. At a meeting of the Afrikander members of Parliament. Mr. Neethllng presiding, the following telegram was dispatched to President Kruger: Ws.

Afrikander members of Parliament, thorouKhly sympathise with our Afrikander relatives in their troubles. While appreciating the concessions already made In the interests of peace, we beg to urge the expediency of doing- the utmost, short of sacrificing Independence, te avert the horrors of war. While, agreeing that the Joint Inquiry proposed by Mr. Chamberlain can not be asked as a ntat- alon will provide a way out ef the d.rrl-cultles which are fast approachtng a crisis with results which might prave fatal, not oniy to the civil and free Stat brethren, but also to the Afrikander party of Cape Colony. In the presence of Immediate danser and the momentous Issues awaiting, the decision of your honor, the Exec-mice, and the Voiksraad even the risk of being misunderstood Is ef minor Importance beg your honor to lay these words, only dictated by a keen sense of our common Interests and risks, privately before the Executive and Voiksraad.

This mHum rhlrh ra. itiu1 fifty-three members of Parliament, received the following- reply from President Kruger: "1 wish you and other sympathisers will notice, as you have doubtless already seen that we have, according to your desire, considered the matter and accepted the Invitation to the Joint commlMion. Why the acceptance was delayed ts shown by the dispatches published. I wish to thank you and other friends once more, front my heart, for the manner in which you have aided our efforts for a pact Ac and satisfactory solution. Finally, I express the hope that your work and ours will not be fruitless." The meeting also adopted a resolution to the effect that tt had heard with calls-faction that toe Executive of the Transvaal had accepted the Invitation of the Joint Inquiry and trusted the acceptance would render an outbreak of hostilities practically Impossible.

DOES NOT EXPECT A RlSdO. Opinion of the Opposition Leader In the Cape House of Assembly. Cape-Town, Sept. 21. Sir John Gordon Sprigs, leader of the opposition In the Cap House of Assembly and former Premier and Treasurer of Cap Colony.

In the course of an Interview to-day. aid: I have no doubt that a. portion of the population of the colony would be actively amk-Britlah In the event of a war with the Transvaal. I do not anticipate a rising, but some of the young and impulsive Afrlkandere Would probably show their sympathies by Joining the Boer forces. my judgment the proceedings at today's meetim of Afrikander members of the Cape Parliament were injudicious.

No mention was made of any sympathy with those who would suffer while flrMing 00 the Brit tan side. It Is Impossible that those who are doing their moat to uphold British authority should conceive anything in the nature of a retirement from the position adopted by the Imperial Govern, ment. Any such weakness would be fatal to the future maintenance of Brlllah authority In South Africa." Referring to the speech of Sir William Vernon Harcourt last evening in New Tredegar, England, Sir John said he considered It "III advised and InJudU clous," especially at the present Juncture. In his opinion. Mr.

Harccurt's assertion that Great Britain could not claim general sovereignty in the Transvaal when she had only pa 1st suzerainty would do more than anything els to encourage disaffection. Off For the Cape. Bombay. Sept. 21.

MaJ. Gen. Hunter and his staff with tkt Devonshire regiment and a squadron of the Nineteenth Hussars have sailed for the Cape. Queen Has Received No Keisag-e, London, Sept. IL neuter's Telegram Company announces this evening that no message has been received by Queen Victoria from President Kruger.

Philippine Mall Lost. Waihington. Sept. 21. Geo.

Otis has Informed the War Department that the six or right days' mail sent by the Morgan City was loat in the wreck of the vessel. llajconl In America. New York. Sept. i'l.

Signer Harconl, the promoter of the wireless telegraphy, arrived here to-day on board the steam-tr Auranla frcni Liverpool. RATIFIED. Council Approves Hallway Tax Compromise. LITTLE OPPOSITION. ACTION IN UPPE3 BO ASS WAS TJNANI3I0f S.

ARGUMENTS BY ATTORNEYS. City Attorney Eton Spoke Against and Judge Humphrey For doptlon of Agreement. EQUALIZATION BOARD ELECTED. On a resolution offered last night by Maxwell Davis, the compromise with the Louisville Railway Company ta regard to the franchise taxes for the past Ave year was approved by both boards of the General Council. Th vote In the lower board Was 15 to tn favor of th compromise, while the Board of Aldermen was unanimous for it acceptance.

City Attorney Stone made a speech th compromise, while Judge A. P. Humphrey spoke in Its support. The members of the old Board ef Equalization Louis Stein, R. B.

Bernard and J. McAteer wereete-elected. TJFFE3 BOARD. Tax Compromise With Bail way Company Passed Unanimously. President Ross called the npper board to order at o'clock, with ail the members but Alderman McCnll present.

After the reading of the minutes had been dispensed with, several minor ordinances regarding the establishment of new fire hydrants were read and referred to the Gas and Water Committee. The Committee on Finance reported an ordinance making; a partial appropriation for the ensuing fiscal year amounting te $411,170. The ordinance was adopted unanimously. Dr. J.

B. Gilbert offered an Or din a ace licensing real estate agent $30 a year. The ordinance was recommitted to th Finance Committee. The Committee on Revision reported an ordinance regarding the removal of weeds and other noxious growths. It was adopted.

An ordinance for the extension of the city boundaries was referred to the Revision Committee. The ordinance proposes to take in 200 feet on each side ef Broadway from present limits ta the river. The Committee on Railroad reported favorably on two resolutions for switches on Fourteenth street. The first resolution authorizes Inman A Ouerbacker to build a switch; the other grants to the George Weidemann Brewing Company permission to run a switch to the branch booe -on Fourteenth, street. Both resolutions were passed.

Clerk Charles Martin was given ten-days leave of absence. The election of the Board of Equalised tlon came as a special order Of business at The old board, consisting of John McAteer. Louis E. Stein and H. B.

Bernard, was nominated and elected by acclamation. The amended resolution offered by Maxwell Davis In the lower board, sustaining the tax compromise with the Louisville Railway Company, was offered. On motion of Mr. Patterson, the resolution was adopted unanimously. rowxa soasjx After risctusloa By Lawyer Tax Compromise Is Satined.

The lower board was called to order at L1S o'clock by President Feeney. Eighteen members were present All the new vitrified brick and asphalt contract, recently approved by the Board of Public Works, were refer, red to the Contract Committee, together with a protest from J. B. Gathrlght against paving First street, from Broadway, out. with asphalt.

The remonstrance stated that Mr. Gathright owned W0 feet on First street, and the tax to Improve the street would mean confiscation of th property. The Smith resolution disapproving the tax compromise wae Introduced. Dr. Taylor asked that the compromise be read, and the clerk complied with the request.

Mr. Davis then offered this substitute resolution: Whereas. A fair and equitable compromise has been entered into by the Mayor and the Street Railway company for taxes dus the city and the rate s'ven the city was hlsher than in other con-promisee made with other Inatitutione; be Reserved, That the General Council approve and ratify the compromiae and that the City Attorney be ordered te dismissed all suits now pending against the Street Railway company at the cost of the defendants. Dr. Taylor moved that Mr.

Stone be Invited to speak on the subject and the City Attorney took the Boor. He opened by saying that be had much to do with tax suits against large corporations and understood tbe subject. He had obtained Judgment against snd collected from tbe Gas Company tSl.000. He had won his esses against the national banks and be felt, that the city could collect the tax from the Railway Company. Tbe city had never been in better financial condition, and It could well afford to wait for $100,000.

After vigorously arraigning the Compromise. Mr. Stons said that even if the Council should decide to accept It, the City Attorney would feel it his duty to prosecute the suits until ordered to cease by the court "Because." exclaimed Mr. Stone. hold that the Council can not enter into any eomp-o-mlse against the advice of the City Attorney while suits are pending." Dr.

Taylor naked whether the Council could compromise at alt. Mr. 8t6ne anwred that he had approved compromises to the advantage of the city, but no compromise could be mad over his protest. "Can the Council make any compromise at ail 7" persisted Dr. Taylor.

"That ts A very doubtful point, replied the City Attorney. After further discussion Mr. Davis moved that Judge A. P. Humphrey be invited to speak on the subject Judge Humphrey commenced by pay.

Ing a high tribute to Mr. stone as lawyer. The manner In which the city's suits bad been conducted, tbe speaker said, wss admirable, and any lawyer on the other side had to look out for Mr. Stone. Continuing, the speaker professed not to be familiar with exact rures, but be only intended to say a few words on general subjects.

Even Mr. Stone, he raid, would not undertske to tell the members of tbe Council that they could not compromise, because Mr. Stone was a member of the tax board and as uch had entered Into a number of compromises. und-r suftorlty given the board by the Council. If the Council had the rieht to ordfr compromises before, it had the rtjht to arrrovs the prescut com THE COURIER-JOURNAL.

LOUISVILT. promise. If Mr. Stone could succeed in provlnjr that the Council' had no riirht to compromise, the national banks from whom he took 1102.0'W on a compromise would reclaim that money, because the case was finally decided, after the compromise In favor of the banks. It was certainly a queer way for Mr.

Stone to nrg ue that to compromise wa ail rlg-ht when he wished tt. but all wrong when he did not It As fir as the Street Railway Company was concerned, there had as yet been no decision. As the street railway case stood there wss as yet no Judgment Only a few minor points had been decided. The main Brht was to come. Judge Humphrey reasoned that th eompromiHe would be of advantage to the city; not only because the city got money, but because it settled future controversies, and the city might know in estimating expenditures what might be expected from taxes.

It need not nature with possible tax suits, but couid be sure of a certain revenue. Then he reviewed the case. Mr. Stone. In a short reply to Judge Humphrey, denied that the national banks could get back any money paid to the city, because of an agreement by which they gave up all claims to money paid in.

whatever might be the decision of the Supreme Court Judge Humphrey retorted that if a compromise made by the Council was not binding, an agreement In that compromise would certainly not be binding, either. The vote on Mr. Davis resolution ratifying the compromise was then called. Jn the affirmative voted Messrs. Feeney, Blltx.

Brown, Buehner, Cohn, Crader, Davis, Graft Herbold, Jenne-weln, McEUlott, Miller, Relss. Wehrley and Wilson. Opposed were T. J. CT Bryan, James B.

Smith and Dr. R. W. Taylor. President Feeney declared the resolution adopted by a vote of 15 to J.

Mr. Davis introduced an ordinance annexing a plot of ground 50x190 feet He said the owner wished his children to receive the advantage of the city schools. Tbe ordinance was referred. Then tbe board adjourned. WITNESSES AFRAID TO CO TO Ttt A JTCHESTESi TO GIVE TZSTTKOaTx.

Examining Trial of QrlSns Postponed Until SText Tneaday On That Account. Pittsburg. Ky. Sept. ZL Special By special courier from Manchester, via.

London. The examining trial of James and SoL Griffin and the Chad wells, charged with killing Wash Thacker, was called at 10 o'clock morning at Manchester before County Judge Wright, aad postponed till Tuesday next. W. B. Hansford represented tbe defendants, and County Attorney Turner and Capt.

B. B. Golden, bf Barbour-vllle. represented the Commonwealth. The defendants announced ready, but tbe Commonwealth could not enter Into trial because of tbe sixteen witnesses who were expected to testify in his behalf enly one was present The other were In Laurel county having- gone tbe're a few daya ago on account of the Griffin faction.

A strong effort will be made to have them at Manchester 'to-nigrnL They are not willing to gn home because they have learned tsat the Griffin faction headed by Green Griffin are between Manchester and their homes. AOACSTST BIG3X0XI) LIGHT COX-PAST OFFICIALS. A Lir.EKA?. ALSO INDICTED. HanM and Adair Say They Are Hot Guilty and Will TIht th Case.

Richmond. Sept ZL SpeciaX On the allegations preferred by Hume principal stockholders of the Richmond Electric Company, the Madison county grand Jury late yesterday afternoon, before final adjonrn-ment. brought in Indictments against D. J. Haues, of Cincinnati.

President of the company, and Frank H. Adair, of Carlisle. its secretary and general manager, charging them with obtaining money by false pretenses. It will be remembered that the charges in the case were brought to light about three weeks ago. when Hume Broa of this city, filed a sensational petition In tbe Circuit Court, asking for tbe appointment of a temporary receiver, alleging that defendants, Hauss and Adair, had by unlawful manipulation fraudulently converted about J4.70 of the company's stock and funds to their use.

Writs of arrests were served last night on Messrs. Hauss and Adair, and each gave bond In the sum of $500, to answer the indictments at the December terra of the court A lineman, named Goff, also of Cincinnati, employed by the company, was also indicted on the charge of having tampered with and Injured the East Tennessee Telephone Company's lines out of this city, thereby seriously Interfering with communication between this city and Cincinnati at the time of the exposure of the affair GofTs bond was fixed at 75. Messrs. Hauss and Adair, who have been here several days, maintain that they have been guilty of no crookedness and have employed able counsel to fight the case, which is docketed for the second day of the December term. The electric light plant is still in the hands of tbe receiver, E.

W. Rugg. of Cincinnati, and la running smoothly. Gets a Captaincy. Augusta.

Ga, Sept a.John J. Oliver, a well-known negro of this city, who entered the Tenth lmmunes as a Sergeant during tbe Spanish war, to-day received notice from Washington of bis appointment as Captain In the Forty-eighth Infantry volunteers. He Promptly wired bis acceptance. Another Candidate In the Tlsld. Birmingham.

Sept 2L Judge John W. Inser, of St Clair county, wae to-day announced aa a candidate for Governor of Alabama. This bakes seven candidates. TO HE A COLD If OVB DAT Tk. UmUi Hromo Qumin.

Tatvaca. All am. iu money of it faila to curs. EL Ofvve't tiuuur ts an nack baa. tie.

Kearsarge Leaves Tot Her Tina! Trial New York. Sept IL The new United States battleship Kearsarge left the Brooklyn navy yard to-day. bound for the Massachusetts coast for her final trial over a measured course. noTicn. The J-JAKES SIGX CO.

843 Third St are tre Crucial Painters and Decorators for the Elks' Parade and Carnival. COuPROuIf Ealkc Suit Against T. lay Stop. SETTLEMENT IS PF.CZ: A L02TO cosnxaEjrcE OP at: KEYS HXLD LAST CASE COMES UP CCL Judg-s Evans Take Question Jurisdiction Under Advisement. AB.GTTZD BY BOTH SIDT It 1 probable that the suit for tr.C 3 filed by Mr.

Rudolph V. Balke. forr. President of the Men wood Distil: Company, against the whisky trust 1 be compromised. It became known night that both sides were anzioua reach a settlement without going further In the courts.

About o'clock CjI. Thomas Bullitt and Mr. Lawrence Maxwell, attorneys for the plaintiff, and Mr. Balke met at the Gait House. They were Joined later by Mr.

Albert Austrian, counsel for the trust; Mr. II. Eton and Judge Alex. P. Humphrey, who also represent the combine.

A conference was held which lasted until 1 o'clock this morning. It la not known what terms were offered by either side, but it is understood that a compromise Will be effected- and that Mr. Austria and Mr. Balke are working; to this end. When seen early this morning at the Gait, Mr.

Austrian refused to talk con eernlng th matter, and would only aay that the conference of the attorneys related to the suit against the trust now pending in the Federal Court. The motion for a receiver and the matter of Jurisdiction In the suit wan argued be-' fore Judge Evans yesterday. At the conclusion of the speeches, the court stated that the plaintiff seemed to have strong grounds for action. In case the Mellwood Distillery Company is tot made an 'active party In the suit, the case will be tried In the United States Circuit Court Judge Evan took tbe matter under 1 submission on a question of Jurisdiction. He will deliver an opinion within a few daya Tbe court will also decide whether or not the Columbia Finance and Trust Company la necessarily a co-defendant C.

H. Stoll, one of the attorneys for the whisky trust in opposing the appointment of a receiver, filed affidavit that the combine owned flO.Ouu.OOO worth of unincumbered property, of whkli property Jo.ooo.owi worth waa In Ken tucky. The Intention wae to ehov tentlon wae to shovi tN? trust. I 1 ie Of the frCf I i solvency of the At the c-penin aiieseu cone. nun or 1 1 u.itrj.

eocmi at ine lime tt; ir. bold of the distillery. He atat? 1... they were Improperly kept; tbafsuij-dry Items were omitted respectirr charges made to operation; that charges relating to the current crop of werj made In the wrong places, etc. the items aggregating $70,009.

He further allegea that Mr. Balke bad notified blm that tbe arbitrator selected. Mr. Charles H. KeUogsr.

of Covington, had gone to Europe and wotfid not return la. time to act; that he bad selected Mr. Lawrence Maxwell, of Cincinnati, In his stead. Mr. 8toIl says that thereafter he thought tbe matter of selecting another man was ended.

He was surprised to get a telephone message that Mr. Kellogg had returned and was ready to act Mr. Stoll could not meet the arbitration at the time set and wrote to them denying bis right to act under the circumstances, saying that be would regard bin award as void. Mr. Stoll goes on to say that later the arbitrator sent a copy of an ex-parte award, which was made a part of Mr.

Balke's bill of complaint Col Bullitt for the plaintiff, filed a counter-affidavit denying the allegation that tbe Mellwood books were Improper. Iy kept and other allegations In the defendant's affidavit After speecrtea bad been made on both sides. Judge Evans took the matter rider submission on Jurisdiction. DEWEY LAND PARADE. Neither Grand Army Nor Confederate Veterans Will Be In Line of march.

New Tork. Sept Tt At Gen. Roe's office to-day It was said that the refusal of the Grand Army of the Republic or ganlzation to take part In the Dewey land parade was final. Gen. Roe is not disposed to recede an Inch from bis por tion.

The ex-Confederate veteran not march, either, being unable to In time. Th line of march of tbe parade, a at present agreed upon, follows: Gen. Roe snd aides. Sousa's band. The men and officers of the Olvmrl't- Admiral Dewey and Mayor Vai Wyek In a carriage.

Rear Admiral Sampson in a carriage with a committeeman. The sailors of the North Atlantio squadron. Regulars of the fnlted States ermv Gov Roosevelt at the head of the New Tork State mlllita. The Forty-eighth Highlanders ct Toronto. The Naval P.eserves of New Tork.

Governor of Vermont and his ataT and the military organizations of the States, to march In order of their admission to the Union; I'ennrylvanla militia. New jeraev militia, Geonr'a militia. Connecticut militia, Maryland militia. South Carolina militia. New Hampshire militia.

Rhode militia. Ohio militia. Florida militia. Mi.aiaaippl militia. Texas militia.

District of Columbia militia. Veterans of the Spanish-American war. TKCil THE BAJTKS. Method of Tilling Second Lieut: Vacancies In Volunteer Washington, Sept 21. The War I partment Issued a general order 1 1 regard to the examination of the c.r of the volunteer army, an lrr.

provision of which Is that vacar. i cf Second Lieutenants are to be 1 hy promotion from the ranks of th- ments In which they occur. The -r. which baa been communicated commanding officers of all the 11-teer regiments, says: "Whenever ol- IIDAY MORNING. SEPTEMBER 22.

1S07. 'oer has been given a fair trial and fails to demonstrate bis fitness to perform the duties of bis rank, be will be I rought before a board of officer to appointed by the General commanding a separate army of the military department in which his regiment may be serving on the recommendation of the Colonel of the regiment. The board will examine Into and report upon the qualifications of the officer to discharge the duties of his office snd its report will be forwarded with the recommendation of the commanding General, for1 the action of the President. "Promotions In the volunteer rejrf-menta will be made within each regiment and by seniority. All vacancies of Second Lieutenants will be filled from the enlisted men of the regiment on the recommendation of the commanding officer.

It Is suggested that you organise a class of noncommissioned officers In your regiment in which those eligible may receive the Instruction that will fit them to perform the duties of commissioned officers. PLOT TO BREAK JAIL Discovered By Madison County' Jailer Just In th Kick of1 Time. Richmond, Sept 2L Special. A well-laid plot to break JalL In which were implicated seven desperate prisoners, four of whom are under perltentlary sentences, was foiled by Jailer Lackey yesterday morning. Investigation ahow.

ed that one of the large bars separating tbe cells from the main corridor had been sawed in two. The plot waa given away by Ben Curtis and Walter Peters, alias Jackson, who produced a case knife made Into a saw, with which they confessed to nave done the Job. Another twenty-four hours work would have liberated the whole layout SCHEUE 07 rm. JA2EE3 AJTD OTHER BZ-f UBLICAnTS TO TEST THE ELECTION LAW. Threaten To HI Objection To Sitting of Judge Hobson In Ap- pel lata Court.

Frankfort, Ky, Sept 2L Special. United States Marshal A. D. James and several Republican lawyers, among them Joe A. Craft, of Louisville, were here to-day looking; Into the 'alleged Illegality of the new election law as pointed out by Phil B.

Thompson. of Harrodsburg. who claims that the same measure waa not passed by both bouses of the Legislature. At th close of their conference it was given out by Dr. James that the matter would be tested by first filing an objection in th Court of Appeals to the sitting of Judge Hobson, who was elected under the law; that then Gov.

Bradley could appoint a special Judge to sit In the case. Re saya that the Governor would appoint a Republican Judge, and that with. majrlty of the court the.newlaw could be wiped out before the November elec-tlon. It to be seen whether. or not 1 wou' do the pat expect- 1.

friend cf the Governat. tiiiorUy fur tle-stAtemanCthat the United States Marshal la reckoning' without his host if be expects the Governor to help him. The Democrats around headquarters, laugh at the story and aay there' la' nothing in It but a campaign bluff. CAPT. DREYFUS' REFUGE.

Is With, a BeLativs In th Department of Vaucluae, Franc. Carpentraa, Department of Vauctus. France, Sept 2L Former Capt Dreyfus arrived her this morning and went to th home of M. Valabregue. a relative.

Sept ZL The Minlater of War. Gen. De GalUfet. has addressed the following order to th corps commanders: "The Incident Is closed. The military Judg-es.

ec.tiyins the respect of til, have randered their verdict with complete Independence. We all, without harboring ai.er-thought bend to their tleclBion. VVe shall in the same manner accept the action that a feeling of profound p.ty dictaud to the President the Republic. There can be no further question of reprisals of any kind. Hence, I repeat it.

the incident is closed. I ask you and. if it were necessary, I should command you. to forget the pane In order that you can thlnlt solely of the future. With you and ail my comrades 1 proclaim vive I'armee, which belong: to no party but to France alone.

"GAXLii-ET." The order will te read to the troops throughout tbe French army. CROPS NOT DAMAGED. Light Frosts Beported In Some of th Kentucky Co untie. Leltchfleld. Sept ZL The temperature here at o'clock this morning was 38 degrees.

No frost was visible about town, but a few farmers report a light frost In low places. There is eery little tobacco In this county to be Injured by frost Frost In Daviess. Owensboro, Sept JL There was a light frost In Daviess county last night but farmers report that no damage was done to tobacco and other crops. FIVE NEW CASES Of Smallpox and On Death Beported From Jabes, In Russell County. Columbia, Sept 21.

Special. Five new cases of smallpox are reported to-day from Jabex, Russell county. A Mrs. Gadherry died of the disease yesterday. Several others are in A critical condition.

Over 8,000 Enlistment. Washington, Sept tL The total of en-listmenta for the twelve volunteer regiments last called out to date Is 8.352 men, of whom i0 were secured yesterday. The enrollment for the colored regiments is 222 men for the Forty-eighth and 106 men for the Forty-ninth Infantry. A $5,000 Barn Burned. Ky- fcPt 2L Special W.

IL Renlck's large barn, near Ctintonvllle. burned last night Loss 3,000. No FLJMS Cause Heavy- Loss Brcxinan Co. To FIRE IN THEIR FOUNDRY. IXTPPOSilD TO HAVE STARTED Aiiosa siiAvrsrGs.

THE PLACE WELL INSURED. Fire was discovered last night In the foundry belonging to Brennan A at 804 West Green street, manufacturers of agricultural Implements. An alarm was turned In from box 82L Almost immediately, however, a second and third alarms were sounded. The Ore started in a pile of shavings on the ground floor. It spread rapidly, and In a few minutes the flames had leaped to the wood workers department, on the second floor.

The woodworkers' room is in the center of the second floor, and the other rooms were soon a mass of flames. So effective, however, was the work of the fire department that the flames were extinguished In a remarkably short time, despite the great heat, which kept the firemen at a distance. Th fire, occurring when It did. waa especially disastrous to. tbe members of the firm.

They were rushed with work and were employing extra men. In addition to this, a new Corliss engine and-boiler and a new lighting apparatus had Just been placed In the foundry, and was-partly destroyed. It Is probable that the losa will reach about $22,000. Harry ML Brennan. a.

member, of the firm, aald last night: "Of course, tt la too soon after the Are to aay Just what our loss will be. We valued the new machinery at Should this prove a total loss It Is probable that the damage done by the fire will reach $25,000, as the damage to the building and other machinery will at least be $5,000. I am una ble to state definitely, however, whether the new machinery will be a total loss, aa a thorough examination will have to be made before we will be able to telL The loss will be covered by insurance, all of which Is placed with L. Z. Shall-eross A Co.

and George I Dantorth A MUST BE IN WRITING. The Governor Will Hear So 2Zor Personal Petitions For Pardons, Frankfort, Sept. 21. Special. Bradley ha determined not to be annoyed "during the few remaining weeks of bis administration by pardon-seekers, and has accordingly Issued a manifesto to them this afternoon, It la as foTIowrs: "For the beneftt of the ptihTId generally, noticer is ftivei that personal appeals for pardons -will not heard.

Tn -thla way much time t. consumed to no purpose. All applications must be made in writing, aa contemplated by tbe Constitution." Circumstances indicate that, aa usual, the few weeks, remaining of the Governor's term sre to be selected as the time in which those who have been refused pardons heretofore, or those wbo have been confined for yea-s, and who could have appealed and filled to do so sooner, are preparing applications, with the hope, doubtless, that owing to pressure of business, strict attention may' not be given to their cases, and they may be enabled on that account to obtain pardons. Such applications will be promptly and summarily overruled unices they develop some fact or circumstance of recent origin which will Justify- investigation. The Governor this afternoon commuted to four months each the sentences of sixteen prisoners brought to the State penitentiary; from Lexington.

Tbe men were convicted at the April term -of court and were held In Jail there because of smallpox being epidemic la that section of the State, the prison authorities here refusing to receive them. WILL REVOKE ITS LICENSE. Tennessee) Irururanca Commissioner After 4 Hew Tork Company. Nashville, Sept 2L Special Insurance) Commissioner Craig has given notice to the Mutual Reserve Fund Life Association of New Tork that Its authority to transact business In Term esses will be revoked ten daya after notice. This action is to be taken because of the condition of tbe company's affairs, aa disclosed by an examination by the Insurance Commissioner of New Tork.

It Is claimed that CZZ2CZZZZ2ZZD Cianffe the Vibration. () () () IT MAKES POR HEALTH. Use Grape-Nuts SOME HINTS ON FOOD. A man tried leaving oft meat, potar toes and coffee for breakfast and adopted a breakfast of fruit a dish of Grape-Nuts with cream and a cup of Pos.tum Cereal food coffee. Ills health began to Improve at once for the reason that a meat eater will reach a place once In a while where his system seems to become clogged and the machinery don't work smoothly.

A change of this kind puts sside food of low nutritive value and takes up food and drink of the highest value, already partly digested and capable of betntt quickly changed Into good, rich biood and strong tissue. The most valuable feature of both Grape-Nuts and Postuni Is the natural phosphate of potash obtained from the grains and thisroduct is the element which transforms albumen In the body. Into the soft gray substance which Etis brain and nerve centers. A few days use of Grape-Nuts and Postum will give one a dejrree of nervous strength well worth the trial. the association has violated the laws of the State of Tennessee, and the Insurance Commissioner thinks that further proceedings in this State would be hazardous to the public "The revocation of authority will not affect the legality or value of outstanding contracts, but simply prevents the association from writing- or soliciting any new business in Tennessee.

The association on December 31 bad 1.64S policy-holders In Tennessee- and 666,000 of risks. Gov. McMJUln and staff will leave here for New Tork next Monday night going by way of Cincinnati and Pittsburg, to attend' the Dewey reception. It is thought that there will be about twenty In the Was Beloved By Kany. Nashville, Tenit.

Sept 2L Special. There waa a great demonstration tonight when Father P. J. Gleaeon left for hi new charge at Knorville. Over one thousand people gathered at St Joseph's church, and.

after participating in the formal leave-taking, formed in line and ucorted Father Gleaeon to the depot. SHE (Continued From. First Page.) $43,000 In Alabama Stat bonds and In cash. Part of the money waa Invested In Louisville property, which advanced in value, making tbe investments highly profitable. How Heumeister Met By.

Adam Spleth, of Jeffersonvllle. clerk for his brother, John F. Spieth, who received the letter from Klemrne, furnishes some additional particulars concerning Neumeister's acquaintance with Nye and his marrige to Phoebe Maytutn. Nye had learned of Neumeister's credulity In spiritualistic matters by meeting him st seances In Louisville, snd tbe whole scheme to get the old man's money was concocted before the trip to Cincinnati, during which the spirits told him of the desire of Wife No. for bim become the husband of Nye's accomplice.

Mrs. Amelia Spieth; sister of Neumeister, employed a detective to obtain a correct history of Nye, but she wss never able to convince her brother of Nye'a character. Failing In this, the sister had Neumeister arrested on an insanity charge, taut she accomplished nothing more than an expenditure of $600 in trying to save him from the coils that were tightening around him. Her efforts In his behalf caused an estrangement between Neumeister and his reia 71ns Medal For Capt. Win ton.

At a meeting of the George H. Thomas Post, G. A. last night Department Commander J. H.

Browning, in behalf of Mr. Joseph K. Davison, of Philadelphia, presented Capt Mike Ml ton. who was recently elected Junior Vice Commander-in-Chief, with a handsome gold and bronze Capt Minton was a prominent figure at the Philadelphia encampment, and Mr. Davison Is on of his admirers.

He sent the badge to this city and requested that It be presented to Capt Minton at the first meeting of the post Mr. Browning mads an appropriate presentation speech, which was gracefully- acknowledged by Capt, Minton. LOYEItCODRT- -1 ATFTBanil) 13" THE SLO02UTXLD B2AJTCH KATT.TtOAD CASS. Trustee) Schmidt Does Sot Snow Just What Effect the Decision Will Hat. Frankfort.

Sept ZL The Court of Appeals this morning, in an opinion by Judge DuBelle, afHrmod the Judgment of the Shelby Circuit Court In th cases of tbe L. and N. Railroad Company and Shelbyvin and BloomSeld Railroad Company against A. L. Schmidt trustee, and A.

L. Schmidt against the German ta Safety Vault and Trust Company and the northern division of the Cumberland and Ohio Railroad Company, John 8. Howard and others. The suit grew out of 'the operation of the Ehelbyrills and Bloomfleld branch of the L. and.N.

Mr. Adolph Schmidt, trustee for the bondholders of the Cumberland and Ohio road, who originally brought the suit, says that 'the case Is so Involved that without further investigation he does not know Just what effect the decision will have. He says, however, that the generat effect Is In favor of the Louisville and Nashville and against the bondholders, sit hough one point which states that the Louisville and Nashville must continue to operate the Bloomfleld branch In favor of the bondholders. The-ease Involve about It first appeared in 188S, when the bondholders of th Cumberland and Ohio sued ths Lw. and I to compel It to comply with a contract made some time previously, aad to account for the earnings.

The Lv, C. and L. had In th meantime been absorbed by the Louisville and Nashville, but the plaintiffs failed to make that road a party to the suit It waa due to this failure that a judgment In the Court of Appeal In favor of the bondholders tn one portion of the case. Involving about $100,000, was allowed to go to tbe Supreme Court, where. It now pends.

Grand jury Will Investigate. The grand Jury yesterday ordered subpoenaes for Mayor Weaver, Commonwealth's Attorney Parsons and sev. era! others to appear In tbe grand Jury room on Monday- morning. It is understood that, tn accordance with the Instructions of Judge Barker, th grand Jury is Investigating the situation as regards gambling, and desires the testimony of these public officials in the matter. Light Wrap In Serric.

There was a noticeable rise tn temperature yesterday, although light wraps were not uncomfortable. The weather was clear and calm Th maximum temperature was 74 degrees, while the minimum was 47, the lowest of the season. This was registered at 5 o'clock a. m. Th maximum temperature at Cincinnati was 70 degrees, and at Pittsburg 64.

The forecast for to-day is generally fair and warmer. Cincinnati, Spt. r. Ppeclal. River 6.4 ft and faii.nir.

U'ethfr clt-ar and dolisthtfuL The Bonanza a "-rived from and departed for Louiavlite. The Avalor was detained by hwvy way butnea, an.t dirt not net here until p. m. from Loui. vllle, but left for the Kanawha river at p.

m. with a nne trip of frritiht. Tlio Al Martin departed fur Loumviiie thia mornuiK with one barsa of cobI and wul hrints up a tow of ampty bargc-a. Chari liohmer, the weil-known Louisville coal o-aler, was hr to-day on his way from Pittsburgh Craig. ChaH Himton and Capt.

John Moren arrived from Pitta-burg thia morning. GGDTIIERII Sillers At a Conference In New Xorka DECIDE TO FORM TRUST. pnrasrs jstjioicipai. owbxs- P7TTT PLAIT ABAJTDOSTSP. ELLEfi'DALE FAIn TAriliLt.

Chattanooga, SepL ft. Special. A number of leading millers of Tennessee, Alabama and Kentucky hare tn rw York to hold a confer- ence with Eastern millers and Hour dealers to formulate means for relieving the mining situation in this sec-tiin. Prices are so low the millers claim they can not continue in business. Failures are frequent, and none of "th mQls in this section is making money.

The purpose of the New Tork conference Is either to form a Southern trust or to enter all Southern mills into the bis-trust now existing. PUTGKXE PLAN" DEAD. 111 v.nM. H.nu Ta GIt Any More Options. Detroit, Sept 21.

It Is announced to-day on authority of Elliott G. Stevenson, member of the Street Railway Comsnittee appointed to purchase th street railways of Detroit for the city, that the entire Plngree pian of municipal ownership and three cent fares is dead, and permanently abandoned. Mr. Stevenson has Just returned from a conference at New Tork with R. T.

"Wilson, principal owner of tbe roads. Tom L. Johnson and others interested. The reason given Is that Mr. "Wilson refused to tie up the property with another option and that he also Increased the price of tbe roads from approximately $15,000,000 cash to $17.000,000 the Increase, it is claimed, being Justified by the Increase of net receipts under tbe five-cent rate of This Increase from six for a quarter fares, which Is within the companies' franchise rights, was made Just follow.

Ing the municipal ownership agitation of last spring. The three-cent fare tesues being eliminated from the local political situation it la regarded as altogether Improbable that will consent to be a candidate for Mayor this fall. THE AXE FATE. Suit Filed For Settlement of Collapsed Company's Business. Owensboro, Sept 21.

Special. Suit was filed In the Circuit Court her to-day against Ellendale' Fair Company, Ellendale. for a settlement of lb company's business, The company was Incorporated September 1835, for the purpoee of conducting and coi-. Min.ltirtAit af a 1fcca and on April .26, 1899, the-company be-eam Insolvent The capLtatl stock was $30,000. Tbe property of the company was sold" by the directors for $7,600 to pay.

th but are- unpaid debts) yet outstanding against the com- Preparing: Tor a Big Fair. hliddleeborovKySept 2L I Special. Th Fair and Midway to be held in this city October 5, 6 and 7 prom ises to be on of th biggest events of the kind ever held In th State. In addition to th regular fair features. Including racing, the famous World's Fair Midway has been engaged, with nany new features.

Besides this, other novelties have been secured, among thexn beinx a nub- lio wedding, which will take place on th first day; also a band of Indian war dancers. Prize ar offered for every- -thing Imaginable. Special train will be run her every day of the fair, and preparation are being made to entertain, 20,000 people. Internal Revenue Rulings. Washington, Sept 2L Th Commissioner of Revenue, has modified a former ruKng.

and now holds that annuities payabl either during life or for a term of yeans can not properly be Included under th provisions of Schedule A. relating to life Insurance, and ar not otherwls taxable under that schedule. The commissioner has also held that where warehouses for Storage of malt liquor ar merely place of storage and not place where customers ieav their orders a special Is not required to be paid therefor nor special tax stamp required to be posted up therein. A Tailur At Chicag-o. Chicago, SepL 2L Tbe firm of Barrett.

Farnum A Co a. wealthy and Influential Board of Trade concern here, failed to-day. Th firm had sold heav. lly short durinr the past three days, plunging tn th expectation that th New Tork stock panic would result la a break In wheat The shortage of th firm Is variously estimated at from 4 000.000 to 6,000,000 bushels of the December option. An Increasing Demand.

Washington. Sept. 2L The amount of gold certificate issued by the Treasury Department In exchange for gold coin to date to There is said to a large and increasing demand In New Tork for To Order" $5,000 and $10,000 gold certificates, and from this and other reasons the Treasury officials look for an Important increase In the demand for certificates within the next tew days. As Advance In Beef. Chicago, Sept 2L Porterhouse, sirloin and tenderloin ateaks went op two cents a pound in Chicago to-day, and rounds and ether cuts advanced from one to two cents.

-Choicer steaks ranged from 21 to 25 cents a pound, medium IS to 22 centa and common 12 to IS cents. The cau-e of the last, rise In beef Is th high prices nning tor cattle on ths hoof at stockyards. Oleoiruu-jariae Law Invalid. Minneapolis. Sept 21, Judg Lochren, In the United States District Court to-day, practically beld the Stat law promoting me sale of oleomargarine colored to- Imitate butter to be un.

s.inx me Hammond Packing Company bad cvme up from th City Court A Sterling Hotel 'Sold. M.t. Sterling. Ky, Sept 21. Harlan Turner, for many years proprietor and manager cf tbe National Hotel, has sold the property to Frank Hudson, who for several years has conducted a saloon la this city.

Price, $0,000..

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