The Times-Picayune from New Orleans, Louisiana • Page 11

SECSiD PART. PAGES 11 TO 14. JP PAET. GESHT014. NEW ORLEANS, WEDNESDAY, FEBRUARY 5 1896.

NO. 12. Ml III If AND HALEY 5:0 JOIN DUDOUSSAT, aeriff Eock to. the panitantiuj Saturday. Ljjertr fitdiell Accepts Life Im- (JCaBeBt Witaoui VVw iaiai Special BeportUpon tls Brewery law to Make Directors "tf Corporations CrlnOiuIlT liable.

Vafl atrAaflv I to tie penitentiary, and when kih rnod-bv to Haley and Canfield, saying: i'fi am going up the river; xbree" will soon fol- Klock Ratnn KOUKe WUU ui amo them will Ualey nt also 8am Mitchell. WHliam plrry. alias Wm. WUllam Williams, stabbing to marder and infllctmg a TuTfiein it cam iaoor; wuuu 2Si wiaT a dangerous weapon. 1 year "i'S-t John Smyth, carrying a Ertitai weapon.

10 days parish prison; SHSl awault with a dangerous weap-? dm pari" Voa So1 Molenxre. li Dodo! aaaault and battery, 2 days rteon7 "uebael Pons, petty lar-Krltwo charges), 6 months parish pris-wSVaclwn. petty larceny, 20 days i lall 3 mouths); Ales wbberT lS days hard labor; BiAui Cook, concealed weapons. or Bhllips, concealed weapons. Cnneo.

petty Frank Sharp, assault and battery; l3kc Otter, selling liquor to a minor; TaJterbr. wounding less than mayhem; fclngrave, Alfred A. Conrad, i Stay; Chapman JIcLane, shooting with ml to kill. Johnson, petty lar- iiU dingerous weapon. MITCHELL'S SENTENCE.

Mitchell, convicted of murder, ittlwit espltal punishment, for the kill-fettf Uirx Mullen, having withdrawn sin for new trial, and having asked ler tnmedlate sentence, was caleld into sot for that purpose. Kitchen showed no emotion when he Vt4 tin Jndge. His' attorney, Hon. H. C.

Cuifilanoa, was present. Hon. John J. limy, assistant district attorney, rep- L. iitei if he bad anything to say, ICaMl answered "No.

What's the use ttrlnp anvihinv iftlt thft- truth nn wwi and waa not believed." F. luau.i.u iub juu(7 lui ill- ratings- daring the trial, and lt a- eloquent plea in favor of "unfortunate" predicament. If Jury had taken into consideration the at nngh nature of the accused, who ilor in hia youth and. therefore, attcwtomed to the gentle and polite SM of Teryday life- in a great city, iT would nave attached more welgnt kit ertdence. But Mitchell predisposed 2 irf aiainst him by his loud voice ttf rod language, which were, after all, KiiJf hat the result of the man's early Jsdje Cutellanoa added that some of aewmtperg published false state-wti about Mitchell long before he was PMM Ml trial iwnilna Klm dtlea.

He desired to say this, i uttigite the sentence, which was Ken for life under the verdict ty' bot orler to lay the foun-I feSd circumstances itM. iue paruon- JdrJS" of Judge Castellanos Jadge Molse said: -Mitchell. I 1 bave considered StoilUonJ5pare1 yoor life. 1 entence you to terfta.Ule 8t4te PcnitenUary for Jour natural life." ewhat at bTa ii aa only momentary, to tho Prisoners' bU settled TvJh? iaage. ltenre- was 8 follows: Coagirtei ols Criminal the evidence of Wtel a Now Sir If "4 WSn? wf8 l-2 in.

deep heai5id8a.ln8t bis 1ob? fl8t or a sta with a lUh iff hold another that man making SS or Home 88 nothing. rile Now why did hi ihe "ritl ls there O. that can "Ui a man stabed iworS and too against his breast to cause "Jaue iato ilm a. vJ hat knife fullr 4 1 ft? chfld in0. Handle Mr he Was MdSnmt C.hKld the house and "nd and th her MaiSfj2 was on her VtL? Uinr Wnen that Sirred thlf Vw Jhat man Now si, Ik 1 ve Mullen carry I a against H.

Ste with itnpres-'taUon Pr'ng to open bTiS- the HU-f ki-J ufine handle can w-aSr tw- fe ivT" saw 12 yiil -ill 1 done W. to do ui a Screwman i- I he ralwvi rlt on 0red on in this r.k.nt on "er teat a TO to rteen nr I 1 1 1712 0year" in the Thotnai ask one naTe ben street: tn can Press the America the people ever turned out in Masses to Hunt to Lynch or hang Me Some of the Whelps that are printing ana about me now where were they when the Negroes waa given to under stand tnat wmte men should rme tms State and not Negros Carpet Baggers abolitionists or Siclal equality men. Now Sir I consider that them that swore Against me are Liars and what their motive is I cant imagine Unless Its to have Satisfaction for the man Abe Bran- ford I was shot on that account and ws Given to understand that it was ended and that Friendship should and Would be for the Future this case In my estima tion has not been dealt fairlv with simnlv because I am A Screwman and the Press of this City publishing as true false state ments uartoons and everything TO Bring Public- opinion against me. I would like his Latter read in open Court so as the i'udiic ana tue I'ress ana alk nanus can knew about it I am a poor man and have not the money to employ all that could help me Hopelng that you will consider Well the evidence acainst me. I remain yours Respect SAM MITCHELL.

CALKINS ASKS FOB SENTENCE. J. O. Calkins, convicted of having obtained $500 from the Metropolitan Bank nnder false representations, appeared in court yesterday, accompanied ly his attorney. Hon.

Morris Marks. Counsel for the defendant withdrew the motion for new trial, and asked for sentence, throwing himself upon the mercy of the court. Mr. Marks made a strong plea for leniency. He stated that the alleged crime charged against Calkins was one that could be charged every day against any business man who overdraws his account or whose draft Is returned unhon-ored.

All that Is needed in a matter of this character Is to call at the bank and either make the amount good or fix a near day for that purpose. Calkins did this, but instead of accommodating him, he was arrested, sequestered ana Hltreated by the police, who knew that he was without friends or relatives in this city, a perfect stranser. and an easv victim for persecution. Judge Marks begged the court in sentencing Calkins to bear In mind his youth, his frieudlessness and the unjust manner in which he was treated throughout his troubles. The following affidavit was presented to the court: of Xpw Vnrt r-iti- r.r x-on.

Tork. Peter B. Vermilj a being duly sworn says that he resides in the city of New ioru; mat on tne Hist day of November, 1.8115, he had on deposit in his hands in the said city of New York, to the credit of the Hammond Electric Licht nrt Pnvr Company, over the sum of 500. "uosi-riDea ana sworn to before A. G.

N. Vermiiya. notary public." -iiiis document, may it please the court." said Judge Marks, "will show that Calkins did not falsely represent when he draw the money from the Metropolitan Judge Moise said he would take the mat ter under advisement. The onlv friend Calklna appma tn hnvA in his wife. She dailv visits hlrn In nrlson.

and attends every- session of court at which he appears. Yesterday, attired in deep black, she sat In the last row of seats, and was In great distress. Throughout the address of Mr. Marks she kept her bead down, resting her forehead against her clasped hands reposing on the back of the chair before her. She was silently weeping: -vvnen (jalklns, on his way to the dock, after having been remanded to await sentence, passed through the aisle and came near her, he extended his hand and lightly and lovingly stroked her head.

Mrs. uaiKins did not stir as long as he was in sight. Once out of the courtroom. She arose and quietly and silently de parted. SFECIAL REPORT OF THE GRAND JURY.

The grand jury yesterday lnvestfgated the killing of Deputy Sheriff Jerry Dug-gan by Arthur Schneider. At noon the grand jurors came luto court and presented the following special report: To the Hon. J. C. Moise.

Judge of the Criminal District Court, Section for the Parish of Orleans, State of Louisiana: lour Honor In the course of our omcial fluty it has falleu to us to make iuquiry Into the alleged defalcation in the New Orleans Brcvlng Association, now in charge of Mr. A. G. Ricks, as receiver, appointed by the civil district court of tills purisn. in pursuing tnis inquiry we have ascertained facts of so grave and surprising character with regard to tiie manner or conauctinir the business oi tne New Orleans Brewing Association, that we hlnk it a duty to the public to make them known in this special report.

As is well known, the New Orleans Brewing Association resulted from a com bine among all our local breweries, and th manner iu which this was effected was legitimate and businesslike. Among the first board of directors were the presidents of the consolidating breweries, aud ail of its members were gentlemen who had the confidence and esteem of the public as representative and successful business men, and their management was looked upon as un assurance of success. This board elected as president a Kentleiuau knowu to be inexperienced in office duties, but the office was placed in charge of the "secretary and treasurer" (combined in one person), a gentleman who had earned a merited reputation as the secretary of the Southern Brewery, and who was ranked as an experienced and thorough accountant. with but a few chances, the board remained the same, with the same president and secre tary, until May. itsua.

wnen a sweeping change was effected. This change seems to have resulted from a division in the old" board, one faction considering that the business was being conducted in a thriftless manner, and the other being satisfied and desiring no change Jn methods. At the last moment the faction In favor of retrenchment learned that the other was using the "machinery of the business to obtain proxies for voting purposes and gave over the fight, were defeated, and, being possessed of the affairs of the association, disposed of their bonds and stock to the ignorant public; thus saving themselves from a loss wnicn tney must have feared Inevitable, since, apparently, it was to prevent that loss that they had labored at the very close of their term of office. The "new" board, embracing only two of the original lward. were all gentlemen of standing in the community.

They re elected the president and secretary ana treasurer, and these gentlemen were in charge of the association at the time Receiver Ricks was appointed. Thus, those Into whose charge the funds and interests of the stockholders were given were men well known; of high business standing, and from whom everything was expected in the way of careful business management. The result of our examination proves, that there never was any careful management! That the office was put In charge of the secretary who was burdened not only with his legitimate duties, but those of the president, as well. That a "cashier" was appointed who Is not an accountant, and who never kept the "cash book," which it should have been his duty to keep. That this book was kept by the "bookkeeper," presumably under the direction of the secretary, for the first few months, and was then turned over to and kept by an "assistant cashier." That the securities and cash were handled by the "secretary and treasurer." "cashier" and "assistant cashier" in common, and without a regular and strict accounting to the "secretary and treasurer." who waa the financial officer of the association.

That bank deposits were made without system, and bankbooks balanced at no regular times, two or three months often elaspslng before they were balanced. That entries were made in the "cashbook" without firoper or explicit explanations and errors a entries apparently corrected by means of counter errors, or by counter entries, which are not fully explained. That In order to show a cash balance as on hand In the reports made by the "secretary and treasurer to the board of directors, entries were made in "cash" purporting to be to the account of "loans." when no loan was made except overdrafts in bank for amounts less than the sum entered In "cash." and said entry corrected by a cross entry in "cash" made subsequent to the date of the "balance." That neither the balance sheets or reports of the "secretary and treasurer" were ever checked ny any finance committee of any board. In order to ascertain their correctness, or to see If the cash reported therein ns "on hand" actually. wa on hand.

That, therefore, month after month the reports showed a cash-balance as on hand, when. In fact, "overdrafts" ex- Hdrcn Cry for Pitcher's Cactorla. isted. In inm sn sow amnnntinr to Over $40,000. That money waa paid and cash entries made without a careful system of vouchers, and checks drawn witnoui their stubs being tilled up in a manner to properly explain the disbursement.

That disbursements and receipts were entered in the "cashbook" without a fixed rule of sequence, and posted without the folio being given. That postings In general, from all books, were not folioed. and henco entries can be traced only by searching under approximate dates. That although the transactions in "bills payable" and "bills receivable" seem to have been very large, no "billbook" was kept, save for a short time, and then in a loose manner. Finally, that the records and accounts of the business are In such a chaotic state that It may take months for the experts in charge to make a report which will show the true status of the association at the date when the receiver took charge, that true status which those very books would have shown In possibly not more than a day's time, the time necessary to take off a "trial balance." if they had been properly kept, if the boards of drectors, and most particularly the finance committees, from first to last had faithfully and carefully performed their duties, and had not, as most unfortunately it appears, let the office "run Itself." Indeed, we cannot too strongly condemn the utter failure of the several finance committees to perform their duties.

They seem never to have checked the books. Investigated the cash, or in any way to have ascertained the financial standing of tho corporation, and to their culpable neglect the catastrophe which overtook the association is mainly to be attributed. The knowledge of the foregoing has not only sorely surprised us; It has opened our eyes to the startling fact that the confidence of an entire community, not In one man alone, but in many, can be misplaced; and we fear that the welfare, the credit and. resultant prosperity of any community in which such a state of things can exist Is threatened with disaster. If financial and business corporations, presided over bv representative and.

In their special vocations, eminently successful business men. can come to the status In which the New Orleans Brewing Association was at the date when the receiver was appointed, what becomes of the individual reputations which collectively brought confidence to the whole? It is because we deem this question of serious importance to every one in this community that we have believed It our duty to call public attention to the foregoing facts; and, further, to urge that a general statute be presented to the consideration of the next general assembly, which will in some manner fasten upon the directors, trustees and officers of corporations a deflnatr responsibility for duty, the willful neglect of which shall make them amenable not only for damages under the civil law, but make them liable for punishment under criminal law. Such a statute. If prepared and submitted under the auspices of a committee representing the financial and business corporations of this city, could hardly fall to receive favorable consideration at the hands of the legislature, while its adoption as a law would undoubtedly tend to restore a confidence in the mind of the public, which of late, with too much reason, has been sorely tried and shaken. Unanimously submitted.

ESPY W. II. WILLIAMS. Foreman Grand Jury. New Orleans.

Feb. 4. 189C. At 5 o'clock the grand jury adjourned until Friday. (Section A Judge J.

H. Ferguson.) GOURDAIN'S BOND. Judge W. L. Evans, attorney for L.

A. Gourdaln. ruled the criminal sheriff into court yesterday to show cause why Mr. D. J.

Courcier, who was proffered a bondsman, should not be accepted. The sheriff, who was represented by District Attorney Butler, stated that he had declined to-ecept-Mr. Courcier because the property offered, as security was situated in the parish of Jefferson, lievond the Jurisdiction of the criminal court, and Mr. Courcier resided In this parish. Judge Ferguson said ne would not pass upon the question of the solvency of the bond, but would rule on Wednesday (to-day) as to the point raised by the sheriff.

Pleaded Not Guilty Harriet Sanders. Jennie Suset, James Suset, breaking and entering and petty larceny. Sentenced Albert Toulbert. wounding. 6 months penitentiary and $25 tine: Jas.

Cockrell, stabbing with Intent to kill. 2 years at hard labor; John Grady, assault with a dangerous weapon and assault and battery, 12 mouths parish prison. Informations Filed Morris Collins, alias Bill Wilson, breaaing, Mlltoa Corson, alias Bill Williams, petty larceny; Lizzie Bold, petty larceny; Wm. Henry, alias Wm. Augustus, assault and wounding with a dangerous weapon.

Arraigned, Pleaded Guilty and Sentenced John Barbier, assault, $10 ox SO davs; Louis Josepli, petty larceny, mo'nths parish prison; Henry August, assault and battery, 3 months parish prls- 0IJtleaded Not Guilty John J. Healy. asault and battery; Frank Salvadore. embezzlement: Waiter Brady, wounding. Pleaded Guilty Octave J.

Roberts, petty larceny. U. S. Circuit Court of Appeals. The decree was reversed In Wm.

J. Davis vs. Hugh L. Davis et al. In Archie R.

Masterson vs. J. Gordon Brown, the decree wae reversed. In Martin H. Sullivan vs.

li- F. Mc-Couueil. the decree was reversed. In the New Orleans and Northeastern Railway Company vs. the Meridian Water Works Company, the decree was re-, versed.

Woodward. Wight Co. vs. De Witt Dllworth was argued and submitted. Lutcher Moore vs.

Margaret A. Wade was argued and submitted. Attorney G. L. Hall was Introduced to the court by It- L.

Tullls. United States Circuit Court. A Judgment was rendered for $9106 24, payable in duo course of administration. In M. H.

Petit Malting Company vs. the New Orleans Brewing Association. The cases of Chas. Hoppe Malting Company vs. the New Orleans Brewing Association, for $33,000 on notes; Rice Bullen Malting Company against the same association, for $23,000 on notes, were taken under advisement by the court, a Jury being waived In both cases.

Motion to revive judgment for $2171 44 in Robert T. Lessley, of Mississippi, vs. Geo. N. Monette, S.

Newman Co. and S. B. Stockman, in solldo. (Thorpe Barber, attorneys.) United Stmtea District Court.

Chas. Morse filed libel against the bark Isaac Jackson, plying between here and Baltimore, for $40 wages. He was hired as cook for the trip on the 3d and told he was not needed on the 4th. Civil District Court. Successions The successions of Mrs.

Ellen Weber, Jacques A. Charbonnet, Joseph Blanck and wife, and John Leahy were opened yesterday. "New Suits Security Building and Loan Association vs. Mrs. Julia K.

Smith. Suit for $2903 32 and executory process. Otto Helmann vs. A. Weber Suit $106 on account.

F. Schumacher vs. O. H. Schoen-hausen et als.

Suit for $220-16 on a claim. Ong-Hiller Company, Limited, vs. Ellas Pallet Suit for $193 81 on account. Stephen Porbes vs. Grand Lodge of German Order of Harugari Suit for $2105 on a claim.

Joseph Vaccaro vs. A. Brogato Suit for $140 15 on account. The Fitzpatrlck Libel Case The trial of the suit of Mayor John Fitzpatrlck against the Dally States for $100,000 damages for libel was resumed yesterday morning, before Judge Rightor. The defense opened Its branch of the-case by offering In evidence files of the other city newspapers containing articles and interviews bearing upon the new courthouse and Jail contract, wherein It was claimed that the mayor compelled Orlopp, the contractor, to furnish a new bond, which cost him $5000 for the sureties.

The evidence waa objected to. by City Attorney O'Snlllvan, but admitted by the court in mitigation of Orlopp was then placed upon the stand, and identified certain Interviews as those held with. him. He was asked If the statements therein contained were true. Mr.

O'Snlllvan objected on the ground that nnder the pleadings the defendant could not offer proof aa to the truth of the publication, the States having faUed so to There was a full argument upon the question, and the Judge sustained the objection, and refused to hear the evidence. The Judge stated, however, that If the counsel for the States desired to amend his pleadings, the court would allow him to do so. Colonel Breaux, the counsel, said he would do so. but that he felt too ill to go on with the case. The judge then postponed further consideration of the matter until to-morrow, when Colonel could avail himself of the Invitation of the court to change his plea or not as ne pleased.

First Recorder's Court. (Recorder E. S. Whitaker presiding.) Richard Pick and Sam Lee, petty larceny; Mrs. Sullivan, for assault and battery; Mitchell, a fugitive from Justice, and Jacob Moses, for assault and wounding, were placed under appearance bonds.

John McCue, for insult and abuse and using obscene language, was fined $75 or 90 days. James Geason was fined $250 or 300 days for being drunk, disturbing the peace and insult aud abuse. Harry Smith and Arthur Richard were fined $10 or 30 days each for vagrancy. Arthur Barry, for assault and wounding, was placed under appearance bonds. COTTON DENSITY, A New Hule or the Maritime Exchange, Causes Trouble.

The Hailroads Decide to Oppose It, Although Ship Aarents Urjre the General Benefit. The Indications are that there will be 6erio.is trouble between the railroad people and the Maritime Association. This latter organization, on Monday, made known their new rules, by which they propose to have the season's business reg ulated, and the particular portion of them which has reference to the density of cotton has proven very offensive to the railroad people, who yesterday held a meeting and decided io enter a very decided protest against the further prevalence of any such rules. The railroad people and the Maritime Association have all the while been the best of friends, and it is very much regretted among railroad people that the trouble has come about. The railroad men say that they will not ship any cotton via any of the lines over which the Maritime Association has jurisdiction until this particular offensive section has been struck out from their rules.

The meeting held yesterday was not of very long duration. The railroad people knew Just what they were after, and the resolutions passed were passed quickly and were to the point. A copy of them was sent to the officers of the Maritime Association, and it is possible that some action will be taken to-day looking to an adjustment of the differences. Secretary Hall, of the Maritime Association, said yesterday afternoon that the trouble with the railroads was over the rules adopted by the association, which took effect Feb. 1.

Formerly the regulations of the Maritime Association provided for inspection at points in the city, and in case the bales of cotton were not of the required density, they had to be recompressed at a cost of 70 cents per The new rules apply to South port and Westwego and Gretna, Algiers and Chaimette, where there has been no inspection heretofore. Mr. Hall said that the Illinois Central had refused to allow inspection at South-port and the Texas and Pacific at West-wego. The ship agents have, therefore, refused to send any ships to those places. Whether the Southern Pacific will refuse or not is not yet known.

Instead of the rule requiring recompresslng of the bales not up to the standard, the new rules provide as follows: On all cotton condemned as badly compressed under the preceding ries, the shipper or ship agent shall have the right to have the cotton put on board without recompresslng. In which case, shipper shall pay to ship as follows: For each bale of a density of 20 pounds or over and under 22 1-2 pounds per cubic foot per bale. 25c. For each bale of a density of 18 pounds or over aud under 20 pounds per cubic foot, 35c. When cotton does not reach 18 pounds per cubic foot measurement, or is short of bands or otherwise at of condition, the ship agent to have the right to have same recompressed at the shipper's expens to comply with the standard or to put it on board the vessel without recompresslng, in which latter case the shipper shall pay to ship SO cents per bale.

Mr. Hall said that this was- an advantage to the railroad companies and be could not see why they should object. If the rule requiring recompresslng was enforced outside of the city the companies would have to send them to the city and it would cost a great deal more than under the sliding scale provided. Mr. Hall said that the regulations were necessary to protect the ship people from the ungainly bales that are sometimes offered for shipment and that as all the agents are In the Maritime Association.

If the railroads get their cotton shipped they will have to allow inspection at outlying places or bring it to the city. CUSTOM-HOUSE XOTES. A Hate Too Loral. Charles Cleveland, first mate of the bark Isaac Jackson, tvhlch was to have sailed for Baltimore yesterday afternoon, got himself Into a great deal of trouble. A libel had been preferred against the boat by a cook named Chas.

Morse, on Infraction of contract without Just cause, and pursuant to the order of the United States district court. Deputy United States Marshal John Earley went to seize the vessel. The captain was not present at the time, and First Mate Jackson threatened to make trouble. He summoned Deputy Galbreth. who came to his aid.

and dispatched Earley to the court for a warrant for the arrest of the first mate. The latter had threatened to throw the entire tea party of United States officials overboard. Earley returned, with Deputies Alexis and Fortler, and the four had considerable trouble in taking the mate away. He is a powerful man. and very much opposed to being arrested.

While Deputy Galbreth was awaiting the return of Deputy Earley, Mate Cleveland undertook to throw Deputy Galhreth overboard, and had to be kept at bay by the officer. The arrest was made, however, without any one getting hurt. The charge standing against the mate la a serious one, and may subject him to heavy punishment, i The libel was compromised, the captain paying a part of the wages demanded by libelant, and the bark was released. January Imports. Auditor of Customs Bloomfield yesterday gave out the following statement: The Importations of bananas at this port for the month of January, 1S93, were aa follows: Bunches.

Value. British Hondnraa 12,500 $3,180 Costa Rica 28,047 9.117 Guatemala 4,200 1.032 Honduras 47,762 10.359 Nicaragua 61,000 10.280 Cuba 10,000 4,074 Colombia 65,057 11,651 222,566 $49,693 The importations of cocoanuts at this port for the month of January, 1806, were as follows: Quantity. Value. British Honduras 48,400 $387 nonuuras 1,564 Nicaragua 1O.70O, Colombia 78,300) 778 .311.100 $2,860 Imports of sugar at this port, per steamship- Algiers, from Cuba. Feb.

3, 1896: Cane sugar not above No. 16, D. 8., In color: bags, 24.443; pounds, value, $111570; duty collected, $44,628. I. MEMBERS CAN DRAW.

SALARIES TO-DAY, This Makes the Second Installment of Their $400. Secretary and Clerk Work Hard Un der the Kew Code, Which Does Not Increase Their Sal aries a Dollar. The General Appropriation Bill Beaches the Senate Needs of Deaf and Dumb Institute. TBI PTCATCKB'S BCRBAtT, 218 Capitol Street. Jscksnn.

Feb. 4. 1836.) To-morrow the legislature will have been in session thirty days. To-morrow the members can draw their secpnd In stallment. ThU installment amounts to $133 33, being one-third of the $100 allowed members by law for the regular session of the legislature.

The members have already drawn their first Install ment aud IO cent mileage each way for the most direct route usually trav eled In coming from and returning to their several homed. If the legislature should adjourn day after to-morrow, nn der the law, each member could draw his third Installment, which would complete the $400. Should the legislature remain In session six months, which It will not, each member could only draw $133 33, making the $400. At special and extra ordinary seasons of the legislature mem bers receive $5 per diem and the same mileage allowed at the regular session, and can draw their per diem at the end of each day. If they shall so elect.

The lieutenant governor and president of the senate each receives $5 for the regular session and per day for a special or extraordinary session, besides mileage, as any other member. Tne president pro tern, of the senate receives $450 for each regular session and $5 50 per day for each day at a special or extraordinary session, besides mileage, as any other member. The new code seems to be In some respects fearfully and wonderfully built. For Instance, it loads the secretary of the senate and the clerk of the house with additional work and leaves the compensation the same as for the past twenty years or more. Under prior law it was made the duty of the secretary of state to urn'sh a copy of all journals of both houses to the public printer, and the secretary of state was paid the legal fee for furnishing these copies.

The new law makes It the duty of the secretary of the. senate and the clerk of the house to furnish' the printer with this copy, and provides no compensation therefor. Not satisfied with this, the new code plies Pel ion on Ossa by requiring the secretary of the senate and the clerk of the house to make a thorough and complete Index of the Journals of the respective houses. Formerly this work was done by the public printer. The good book says the laborer is worthy of his hire, hut there is no authority In that book for making capable officials sweat and grunt under a weary load without adequate compensation.

THE APPROPRIATION BILL. The general appropriation bill, which carries $2,525,000 in round numbers, which passed the house lest Saturday, was reported to the senate this morning. Under the constitution this bill had to lie in the house one legislative day. This was. Saturday.

The senate was not in session Monday morniug. and there was uc thing to be gained in the matter of time by making this a special report Saturday afternoon, so It went over with the regular budget this morning, when its passage will donbtlers be facilitated. As before stated no such bill within the recollection of the oldest legislator ever passed the house at eucn an early stage of the session. Until tsis bill becomes law no state officer or judge or chancellor, or other person In tue employ of the state, can draw their salaries, but will have to hypothecate the tame to some bank, as a rule, for money on which to live. This appropriation- Is for the years of 1896-7.

The heavy item In lr Ik for the maintenance of Dublic schools, there being appropriated, for each year the sum. In round numbers, of $923,000. DEAF AND DUMB INSTITUTE. The trustees 'and superintendent of the institntion for the deaf and dumb have asked in their biennial report for the authority to dispose of the property now occupied by the colored department and purcnase more suitable grounds and erect buildings. The reasons given for this change are strong and conclusive.

The main line of the Alabama and VIcksburg Railroad, with switches for the coal chute, passes directly across this tract of land ot seventy acres, rendering it very dangerous to the limbs and lives of the pupils. Besides, the dairy that furnishes the two departments Is located at this department, necessitating frequent passing from one to the other. In passing between these departments the main track and many switches of every trunk line running through the city has to be crossed. This property adjoins the city limits, and is very valuable, and It is estimated that it can be sold for enough to provide better and more suitable grounds. Superintendent Dobyns made an argument to-dy before the house on the appropriation bill for this institution, and it was carried almost unanimously.

SENATE. The senate met pursuant to adjournment. Lieutenant Governor Jones in the chair. Prayer by Rev. Mr.

Norsworthy. Joqrnal of yesterday was read and approved. Reports of commltteesr The committee on local and private legislation ported senate bill No. 2. to create an Inferior court for the county of Lauderdale to be" known as the city court of Meridian.

Bill do not pass. Title sufficient, and recommend that substitute do pass. Mr. W. R.

Trigg, chairman. 7 The committee on claims reported senate bill No. 13, to appropriate money to pay J. A. P.

Campbell aa apeclal counsel retained by the governor in the case of the United States vs. J. M. Stone et al. Title sufficient.

Do not pass. The committee on confederate veterans memorial recommend it do pass. Title sufficient. Introduction of bills: By Mr. Somervllle Senate Bill No.

165 To so amend sections 3.V and 384 of the code as to correct a mistake and adjust the boundary line between Carroll and Leflore counties and to relieve the owners of certain lands of double assessments and taxation thereon and allow redemption thereof. -Conn ty- affairs. By Mr. Lewen thai Senate bill 166. to amend section 852, code 1892.

regulating payments of dividends bv corporators so as to prohibit hanks of deposit from declaring dividends; 1f the assessed valne of ita stock Is below Corporations. By Mr. Hicks Senate bill No. .167, to amend section 3981, code 1892, In relation to- office days of county superintendents of education. To education.

By Mr. Noel Renate bill No. 168, to require each patty to a suit to re-estab lish his portion of court of records, which shall have been stolen, lost or destroyed. Judiciary. By Mr.

Noel Senate bill No. 169. to exempt homesteads from seizure or sale under execution or attachments where the title to the property is vested in a member, or members, of a family other thjm the head of the family. Judiciary. By Mr.

Noel Senate bill No. 170, to ao amend section 1971, code, so as to make the exemption of personal property allowed to heads of families living In the country the same as for those who live 'n cities, towns and villages. Judiciary. By Mr. Noel Senate bill No.

171. to exempt certain gift a or devises from garnishment or other legal process. Judiciary. By Mr. Klger Senate bill No.

172, to create the state board of agriculture of Mississippi; to define ita duties and powers; to facilitate the collection of agricultural statistics and reports; to otherwise promote agricultural interests, and to provide for the maintenance of the same. To agriculture. Bv Mr. Kiepr Sennt Mil Kn IT! tn define the practice of medicine; to create i an executive committee of the state board of health, and to repeal chapter 38. acts 1891.

To public health and quarantine. By Mr. Klger Senate bill No. 174, to repeal section 7 of an act approved March 10. 1888.

entitled an act to nrovide for the readjustment of the boundary line between Mississippi and Arkansas. To special committee on state boundaries. By Mr. Rowan Senate bill No. 175, to extend the police powers and improve the morals of the state.

To temperance. Mr. Hardy called up senate bill No. 2, in relation to city court, and which was passed by a vote of 31 to O. Senate bill No.

5. to amend chapter 47, code, in reference to stock law, being the special order for to-day, waa brought np. Committee amendments Nos. 1, 2 and 3 were adopted. Mr.

Wells offered the following amendment: Strike out the words "and geese," In twenty-seventh line. Mr. Miller spoke for the amendment, and said the raising of geese was the sole industry of a number of women in his county. Mr. Broyles spoke against it, and said that the raising of geese would keep the old women of the country in all sorts of fusses and disturbances; that It' was the cause of more fussing than anything he knew of.

and. that he would vote against It for that reason if for no other. Mr. McKinney spoke against the amendment. Mr.

Brewer spoke against It. Amendment was lost by 16 to 15. The following amendment, by Mr. Ken-drick, was lost: Strike out the words "a majority," in sixth and seventh lines, and in twenty-ninth and thirtieth lines insert, in lieu thereof, the words ''two-thirds." Mr. Rainwater offered the following amendment: Amend by adding, after the last word in the first section, the following: "Any person who shall willfully or negligently permit any of his stock, or tock of which he has charge, required to be kept in an Inclosure by the provisions of law, to run at large In any stock Jaw district, or partial s'ock law district, as now established, or that may hereafter be established, or shall willfully turn out any stock belonging to any other person so required to be kept In an inclosure, in such stock law or partial 'stock law district, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine of not more than $25 for each offense." On motion of Mr.

Kendrick It was tabled. Mr. Faulkner offered "the following amendment, which was adopted: Amend by adding the following section: "Local laws authorizing the cultivation of crops, without fences or with certain kind of fences, shall remain In force until altered, amended or repealed on petition of vote under the provisions of chapter 47. code 1892." The following amendment bv Mr. Taylor was adopted: Insert after "againt the entire stock." in twenty-fifth line of printed bill, the following: "In case a change be desired from a partial stock law to an entire stock law.

or from an entire stork law to a partial stock law, then in such election the ballots shall read: 'For the Pnrtial Stock 'For the Entire Stock Law." Whereupon the substitute, as amended, was passed. Mr. Wells moved to amend title by adding the words "and to make it unlawful for geese to run at large In certain cases." Lost. Mr. Somervllle moved to amend title by inserting words, "or between the.

two, before the final clause, as the case may be. Passed. SENATE BILLS ON THIRD READING. Senate Bill No. 116 For the relief of Bank of Winona, as the holder of certain school warrants of the county of Carroll.

Passed. Senate Blil No. 95 To repeal section 634, chapter 21, code, with reference to keeping a general docket in the circuit court. Indefinltelv nostnoned. Senate Bill No.

101 To amend chapter to, uii iW9, coue ui iswz. xnaennite-ly postponed. Senate Bill No. 53 To amed sections 102 and 1027. code, to prohibit the car rying or conceaiea weapons, indefinitely postponed.

Senate Bill No. 102 To amend eection 1894. code of 1892. so as to extend the chancellor in vacation the powers therein conferred upon the court. Indefinite ly postponed.

Senate bill No. 38. to amend section 4CrJV, code, in reference to teachers' cer tiflcates, was debated for some two hours without a vote being had thereon. Adjourned to 10 o'clock to-morrow morning. HOUSE.

House was called to order by Speaker (pro tem.) Eaton. Prayer by the Rev. A. F. Watklns.

The bill appropriating $195,000 for the support of the lunatic asylum, being the regular order for to-day, was taken, np and passed by a unanimous vote. An act to amend section 160 of the code, in relation to the sale of property of certain kind, pending an attachment suit. Passed. An act to defray tho expenses of the East Mississippi insane asvlnm. and ap propriating passed by a vote of llO yeas and 1 nay, Mr.

Ross, of Tisho mingo, voting no. An act to defray the expenses of the Institution for the deaf and dumb, and appropriating passed by a vote of 84 yeas to 23 nays, Messrs. Brown. Dinsmore, Fox. Hathorn.

Lamb of Pa nola, Land. Midford, Nellson. Permen-ta. Prewltt. Roberts.

Ross. Smith of ureen. smitn or franklin. Steele. This- pen.

Wnetstone. Moore. Wilson. Wnrthv Kennedy, Richardson and House voting nay. Mr.

Moore, of Yalouusha, moved to reconsider. An act for the sutmort and malnten ance-of the state normal school at Holly Springs, and appropriating $4O00, passed by a vote of 89 yeas tof 15 nays. Messrs. Bryant. Cowart, Doty, Fox, Jones of Claiborne.

Land, Pope, Roberts. Smith, of Greene, Stowers, Talbot, Thlgpen, Touchstone, Webb and Weems voting nay. An act to provide clerical assistance and traveling expeuses for the tstat superintendent, and appropriating $1200 f'r came. Mr. Dinsmore moved to amend by inserting $300 where $1200 appears.

Mr. Dlnsmlre spoke against the bill, Mr. Russell favored the bill, Mr. Chap, roan against the bill. Mr.

Cox fa-rored the bill, Ross favored the bill, Mr. Goodwin favored the bill. Mr. Glover favored the moved tha previous qnestlou. Upon an aye and na ote being taken, the amendment was (post by a rote of 52 to St.

On a final vote, the bill fa'led to pass by a vote of 52 to 56. Among the bills introduced were the" following: P.y Mr. Russell To amenl sections 4236. 42T.7, 424rt and 4242 of chapter 13U of code, to provide for tha appointment of stenographers. By Mr.

Whetstone To anead section 3817 of lue code, in reference to the effect of conveys area of tax collectors. By Mr. Abboy To amend sectlia 15ST of the rode. In relation to the refunding of money paid by a license. By Mr.

Webster In reference to the adoption of a uniform series of text books for pnWlc schools. By Mr. Macshlp To establish a home for soldiers and of the confederate states and their widows and servants, and to pay pensions thereto and to regulate the payment thereof. A number of new hills were introancea. ana tne diii providing ror rne wunu; went of a separate court in Marldian aad Lauderdale county was taken np, debated, amended and heard.

Pending a final rota on the bill, the house adjourned nntU 10 o'clock to-morrow morning. The grand jury returned an indictment against the 10-year-old negro boy. Wil-. 11am Benson, who, on Christmas day, killed his little companion, Alfred with an ax. CURRENT COMMENT.

The Canton Times, nnder the caption' of "Bonds," saya: The law requiring public officers to give bond i not only wrong, but seldom effectual In accom- ftlishiug the purpose for which they are ctended. They are a bar In the first place to the worthy poor so far as office Is concerned, and the state has no right to make a man's friends suffer for his misdeeds. Officials are the public's servants fut la office by it and for its benefit, and should suffer for any dereliction of duty or malfeasance in office. Make the penalty for theft a positive and manda tory one, ana iec it De or sncn severity as to deter men forever from Its commission. No honest man Is in danser.

and thieves ought to be exterminated. Turkey anu iuina. witn an or tneir (in onr eyes) barbarisms, are a race of honest people: when a man steals there bis head Is cot off if a common man, and if a noble be commits what Is known as "carl kari" which means he disembowls himself. There has not been a bank failure la China In 900 years, whilst in the southern states there are only a few state treasuries that have not been looted In the past two decades. How much of the hundreds of thousands of these defalcations aia tne states recover from bondsmen? Official thieves as well as common ones, whose honor la thin and whose greed is great, can well afford to spend five years fn the for a few hundred -thousand dollars.

'ho Pascacoula Democratic Star is after the "fire bug." It says: "Incendiarism has wronght np this community to a pitch bordering on lynch aw. rso evil can Derail us, as an element of destruction to property and a menace to life, more to be dreaded than fire. Arson Is denounced law as next to murder. It is so regarded by tha people. "The quiet and peace of one's boms In a country town Is startled and thrown Into sudden excitement and activity by an alarm of fire, particularly in the dead of night.

Ail hasten to the rescue only to tn many Instances, that they are powerless to render adequate as sistance to their neighbor, who is being burned out of house and effects, and often ruined. AH are more or less recon- clled to accept and bear the misfortune or acciaent. wnicn may occur in spite or. precautions, but whea it is discovered that the hand of an incendiary has applied the match, which started the coo sumlng flames, then- a feeling of Ten-' geance is not only felt by the victim of tue loss, dui aiso Dy tne wnoie community. "There is no punishment too Inhuman for a 'fire even that of holocaust If caught In time, in the burning building he has set on fire.

Hanging is but genue remontion." The bill introduced in the house by Representative Lewis, of Rankin, pro- vlding that persons convicted of stealing articles of value, shall, upon conviction, be made to work out the value of such article, and reimburse the person from wnom tne article was stolen, is meeting much lavoranie comment from the state- press. The Jackson News says of It: "It looks on Its face like this bill was fair one. for Under the law now there is no vray tb- loser can get value for bis goods, even if the person is con victed." On the same subject the Columbni Commercial-adds: "There should be a law of this kind on our statute books. It is little conao-. lailon to a man to have a fellow being punished for the theft of his property, and no compensation at all." NOTES.

Architect Hull is utilizing- a force of convicts placed St the disposal of the house and senate joint committees' by. Governor McLaurin to Investigate the condition of the capltol, with startling effezt. The foundation is being dug into and laid bare In all of Its hideons deformity Mr. Hull and Civil Engineer. Wilcox are busy ascertaining how much the capitol walls are out of plumb.

The architect, of course, declines to talk, ex- cept In his report to the committee, which' emploved him, which cannot, in the nature of things, be ready for some days. T. It is annonncea tnat ioiouet ouu uuw. ann at Rankin, will assume the duties of private secretaryship to Governor Me- Laurln on next aionaay. woionei uuiwiu is an exceedingly popular gentleman and an accomplished diplomat, whose month has no sieve attaenment.

tie win wonui-ly wear the honors of this Important; and honorable position. TEACHING THE TEACHEHS. Tulane University to Advance Hor naal Instruction. The authorities of Tulane- University have issued the following circular, which is self-explanatory: "Desiring to extend the benefits and privileges of advanced university education to all classes of eligible persons, and recognising the teachers of the conn-; try as properly and peculiarly the recipients of such benefits and privileges, and the most Influential agency for the transmission and application of higher, education to the uses of the general pub- 11c. and for the advancement and Improve -k ment of normal and pedagogical ins true- tion.

the administrators of. the Tulane University of Louisiana have established as a department of i.he university, the university department for teachers. "The Intention of this department is not to compete with or do the work of the normal colleges of this or other states. but to supplement such work by giving postgraduate instruction to a mature body of students who have devoted themselves to educational work, and who, for the sake of self-development or more extended usefulness, are desirous of pursuing the paths of culture on a higher plane. The persons most Immediately in the view of this board are the graduates of normal colleges of good standing, teachers whose private studies and practical experience have provided them with a solid foundation for higher attainments, and persons who, hav Ing dedicated themselves to the cause of education ana qnauueu lueuravira ir un instruction afforded, seek advancement on the particular lines here taught.

"Candidates from the above-mentioned classes of tiersons may be enrolled in the university department for teachers, and receive instruction therein gratuitously for the present, on the following conditions: "First That they shall be. of such age (not less than 20 years) and character aa to appreciate and profit by the instruction afforded them. "Second That they shall satisfy the faculty of the university that they have ability and attainments requisite to pursue to advantage the university classes lected by them. "Third That they shall satisfy faculty that they are either actually?" tilncr tYie nrnfeoston of teaching, or tf a they have adopted It as the profession to which they Intend to devote themselves. "Fourth That the classes attended by them shall be of university grade in substance and methods.

"Fifth That no student shall attend, more than three classes in one session, but a less number may be PWfsned. "Sixth That any course of tudy under a professor completed the student shall be credited fn the records oi Tthe part ment and a certificate shall be given for the same, and three with a thesis hall consmute rte evwencs of fitness for radnation. and appropriate diploma shall fVc 1 1 recommended by the will be "For the present the instrncuw" limited to fhe listing "verslty hoped that, -u 'tVf to embrace science of education. For Over-' Fifty: Tears- -Mra. Wlnslow's Soothing Syrup Jas been 1 Children It softens s.

allays all pain, cures win! fr. the best remedy tor diarrao.i. 71 best remedy and is the best renwuy..