The Tribune from Scranton, Pennsylvania • Page 1

The SDH MORE VETOES! Governor Disapproves of Six MeasuresThe Bills That Received His Signature. APPROVAL OF ORDINANCES Special to The Republican. HARRISBURG, April 27. Six bills were today vetoed by Governor Pen nypacker. Because the bill is "An ex ample of the inconsiderate spirit which would visit with fine and imprisonment an act to which no criminality can properly attach" he disapproved the bill to protect the public from the unlawful use of bottles, jars, vessels or other packages in the sale of milk and cream and their products, and providing penalties for such use.

The bill authorizing the employment of a chief draughtsman in the department of internal affairs was disapproved because a bill providing for such an official was signed on Saturday. The governor's objections to a bill prohibiting physicians from testifying in divorce and equity proceedings in regard to communications made to them by their clients are that the language is vague and indefinite and that it therefore might be dangerous legislation. Of a bill aouthorizing orphans' and common pleas 'courts to appoint and re move trustees, the. governor says that as it finally passed the language is so radically different from that of the original bill as to suggest the thought that the Initial idea was considered vicious. A bill establishing a division, of horticulture In the department of agriculture was too vague and lacking in details to meet approval.

Among the bills approved by the that excites some attention, is that enabling James Russ, of this city, to sue the state for the recovery provisions furnished 'he legislature who at.t? onies incident to the il Grant monu ment in 1 ue claims aggre gate, abow and suit will be in stituted immediately in the Dauphin county courts for the recovery of the money. Governor Stone vetoed a similar bill two years ago, when a number of appropriation bills were disapproved on account of the lack of funds. The following bills were also ap proved: Authorizing the superintendent of public instruction to employ lecturers and instructors to attend summer educational assemblies, including the Pennsylvania Educational association's annual meeting. Changing the name of the Northern Luzerne poor district to the Lakevlew poor district in Luzernecounty. Amending the act authorizing the incorporation of refrigerating companies in Philadelphia, so as to provide that no such system shall be established within the limits of any city, borough or district without the consent of the authorities.

Providing for the adjustment of the indebtedness of cities of the third class and boroughs or townships an nexed thereto. Providing that poor house property may be taken for park purposes. The Kirker bill increasing the salary of the county engineer of Allegheny county from $3,000 to $4,000. MORE LEGISLATIVE RASCALITY FOUND Following Grand Jury's Findings, More Indictments Will Be Returned at St. Louis.

ST. LOUIS, Aprjl 2T. The April grard jury had a busy day and as a result of its probing uncovered more legislative rascality. John A. Lee, former lieutenant governor pf Missouri, was again before the Inquisitors, and gave additional information as to Doodling in the general assembly in sessions of 1902.

and 1003. For the greater part of two hours he was on the rack. Probably the most interesting information obtained today was that given in the testimony of R. B. Bridgeman, Journal clerk of the senate, who if said to have told the Inquisitors that Senator James Orchard was chairman of committee to whom the alum bill was referred in 1901, and kept the measure in his possession until after the general assembly had adjourned sine die, when he hunted up Bridge nwn an Induced him to enter upon the Journal a minute to the effect that the bill had been regularly reported to the general assembly before that body had adjourned, thus falsifying the official records of the senate.

Herbert B. Martin, superintendent of the money order department of the postoftice branch in the union station, wan another Important witness who testified today. He told the story of a senator who stepped oft a train from Jefferson City and asked him (Martin) to give him change for a $1,000. When told tha there was not Hhat much in the office, this senator remarked that it was Impossible to get the bill broke at Jefferson City, as there was noth ing'but $1,000 bill In circulation there. The name of this senator has been withheld, but he Is believed to be already under Indictment.

Hugh Koenlg. bookkeeper of the American Exchange bank of thii city, also testified and told of a nuiwr of checks for $1,000 which had passed through, his hands, all payable to legislators. When the grand Jury concluded its examination of John A. Lee he was requested to appear before that body again and give them the fourth chapter In this scarlet letter of a stale's shame. As a result of today's investigation, it Is said thut a number of Indictments will bo returned aKt ing people of this city, legislators and others.

POWERS WANT REFORM. Sultan Urged to See They Are Sincerely Executed. LONDON, April 27. In the house of commons this afternoon Viscount Cranborne, under secretary for foreign affairs, stated that further representations bad ben made to the porte by the Austrian and Russian ambassadors in Constantinople in which the sultan had been strongly urged to see to it that tbe reform schemes In the Balkans were sincerely executed. These representations bad been supported by all tbe other powers.

FATAL EXPLOSION. Five Men Were Badly Molten Metal. Burned by LANCASTER, April 27. While a cupola at Vesta furnace. Marietta, was being closed last night, an explosion occurred and burning metal was thrown over David Apply, Thomas L.

Kisselring. Winfield Simmons, William Eberly and Charles Harris. Their clothing was fired and fellow workmen stripped tnem as they ran madly about. All are seriously, if not mortally, Injured. Apply and Kisselring were blinded.

THE PRESIDENT IN STATE OF NEBRASKA His Greatest Crowd at the Capital, Lincoln Entertained by the Omaha Club. OMAHA, April 27. Starting from Grand Island early this morning President Roosevelt has spent the day touring through, the western half of Nebraska with Senators Millard and Detrich. His greatest crowd was at the capitol at Lincoln. It was about one third as large as the crowd that came out to hear him there when he was campaigning in 1900, when there was a street fair going on and excursions had been run from all over the state.

The president also spoke in Fremont, Hastings aid other small towns before coming to Omaha, where he was taken for a drive through the city, was entertained at the Omaha club and made a speech at the auditorium under the auspices of the Knights of Ak Sar Ben. His speeches all through the day have been complimentary to the facilities of citizenship displayed by Nebraskans in the state and the nation, with advice that, the farmers keep on diversifying fheir crops as most of them are now doing. WHITNEY'S COLT WON THE HANDICAP Took' the Excelsior Event at Opening of the New Jamaica Race Track. the NEW April 27. With a tremendous roar of enthusiasm 20,000 persons greeted William C.

'Whitney's 4 year old colt, Blackstock, as with Grover Cleveland Fuller in the saddle he won the Excelsior handicap at a mile and a sixteenth this afternoon at the New Jamaica race track. A length and a half behind came W. S. Fan shawe's Heno, formerly owned by Clarence H. Mackey, who was three lengths in front of John Hackett's Yellow Tail.

It was the first big handicap of the season and it attracted to post an exceptionally high class field. It was an open betiins affair. P. H. McCarren's Mackey Dwyer and Heno closing equal favorites at fives, with Foxhall P.

Keene's Injunction next In favor at sixes. Blackstock closed at eight. Blackstock got the lead early, when Fuller had straightened him out for the run to the far turn. Royal, with O'Nell up, was the first to challenge him, but Blackstock shook him off and then came the veteran Herbert, who found the pace set bv Blackstock too much foiv him and dropped back. After that Heno was the challenger, but he like the others was not equal to the task.

Kabstoek never faltered and won a splendid victory with something to spare. Mr. Whitney presented Fuller with I'OO for his clever ride. It was a superb day for the opening' of the Metropolitan Jockey club's new track, but the problem of picking winners did not prove so easy as at Aqueduct, for only two favorites and a second choice won. VASQUEZ'S RETREAT.

President of Santo Domingo Takes His Capital With Him. WASHINGTON', April 27. The secretary of state has received a telegram from Mr. Powell, United States minister at Port au Prince, Hayti, reporting that he had been Informed by Consul Simpson, at Puerto Plata, Dominican Republic, under date of April 23, that tbe Dominican government has resigned. The consul added to his dispatch tho words "already gone," which Is supposed to mean that President Vasquez and bis followers have taken flight Mr.

Powell says that the situation Is still serious. Tbe defeat of Vas quei means the return to power of Gen. Wosy Gil, former president, who was for many years consul general of the Dominlcnn Republic In New York. In another dispatch Mr. Powell said that President Vasquer.

had cstabllshfd his capital at Santiago and was preparing for another attack on Santo Domingo city. LOST HER VOICE AND FOUND IT. Girl Was Pining Away Until She Could Talk Again. LANCASTER, April 27. Prom some unaccountable cause' Edith' McCaulley, tbe 10 vear old daughter of William M.

McCaulley of 'lanhelm, lout her voice and sho became weak nnd debilitated too weak. In fact, to nscend tile stairs. While descending a stairway yesterday, however, hT voice came back as unaccountably aa It had left, and is now as strong as ever and she Is rapidly regaining vigor. STOLE KING'S BAGGAGE. PARIS, April 27.

American travelers on the continent have long dreaded Italian Journeys on account of the thieving employe oi ice railroads, who are the real brigands of the country, and open travelers' trunks In transit with apparent Impunity. Hence ihere was great amusement, roupled with secret satisfaction, when King Edward's baggage was lost between Rome and Syracuse In the recent trip. It was returned when the thieves ascertained to whom It lielongcd. A Miss Alice Cornelia Thaw of Pittsburg Became the Bride of the Earl of Yarmouth. INCOME, $100,000 A YEAR PITTSBURG, April 27.

George Francis Alexander Seymour, the earl of Yarmouth, and Miss Alice Cornelia Thaw, the daughter of the late William Thaw, were married here today. Society in Pittsburg and other cities was represented at the wedding and groom's father and mother, the marquis and marchioness of Heret marquis and marchioness of Hert years old. She has an income of $30, 000 a year in her own right, and her mother recently agreed to make a settlement sufficient to make the couple's income $100,000 a year. The earl had his English lawyer with him and the settlement was drawn up and signed today by the parties interested. By agreement the earl is assured of an Income of at least $50,000 a year, even if his wife should die without children.

Yarmouth was served this morning with a king's bench writ for a debt of $1,500. The ceremony was performed promptly at 4 o'clock in Calvary Episcopal church by Rev. William L. Mc Ewan, the Presbyterian pastor of the Thaw family, assisted by Rev. J.

H. Mcllvalne, rector of the church. The church was decorated' for the occasion by Joseph Thaw, a brother of the bride. Calvary church specially lends itself for decorative purposes. Three steps led to the chancel, where the couple were united and these steps had been made the bases for bowers of palms.

Round the foot of the palms were many plants of white hydranga, white lilies and other potted plants. In each of the corners of the church were palms while the windows, 12 on each side, were decorated with a harmony of flowering plants of all colors and varieties. The church was opened for the reception of the invited guests shortly after 2 o'clock, but it was after 3 before any of them began to arrive. The carriages were driven In a line down Penn avenue, and a few feet from the pavement awning a policeman compelled the occupants of each carriage to show their admission cards. At the entrance to the awning: they were shown again, and at tbe door they were lifted.

A score of policemen and almost as many detectives surrounded the church and kept the crowds back. Promptly at the appointed hour the bridal party reached the church. Miss Thaw, iyho was given away by her elder brother, Harry Kendall Thaw, wore a gown of white satin, trimmings of duchesse lace, and a tulle veil, fastened with a spray of valley lilies, completed the bridal costume. The flowers carried were white Persian lilacs and lilies of the valley. The attendants wore simple frocks of white chiffon, caught in at the waist with a novel sash effect and large flat white hats trimmed with clusters of white lilacs.

They carried purple and white lilacs. Immediately preceding the bride was the matron of honor, Mrs. George Lauder Carnegie, an elder sister, and in advance were the maids, Miss Isa belle May, of Washington, D. Miss Eleanor Wilson, Miss Martha Ferguson, Miss Mary Thaw Thompson, Miss Nancy Carnegie, and Lady Jane Seymour, the bridegroom's slBter. The early and his brother, Lord Edward Seymour, who was the best man, entered from the vestry and awaited the bridal party at the chancel steps.

The bride and her attendants were preceded up the main aisle by the ush ers, Joslah Copeley. Thaw, J. Dennis ton Lyon, H. C. Norman, an attache of the embassy, Count Delia Charardesca, H.

Persch, of Philadelphia, and It. Haven Tebb, of London, Kngland. Following the service was a reception and dinner at tbe bride's home. The writ for debt was served at 11 o'clock at the earl's hotel. The constables with the writ notified the Thaw family that they had It, but did not want to serve it at the ceremony In church of afterwards, so the earl was reached by telephone and repaired to his hotel, where the constables read the It is for a little over $1,600, the Reversionary and Securities company being the plaintiff, and it commands the earl to have an apearance entered for him within forty days.

The earl and his British counsel heard he writ read and the earl remarked: "That's all right. It Is not what I thought It was. I'll attend to It all right. I suppose they sent that here because they understood a settlement was to be made today' Yarmouth took out the marriage license shortly after 9 o'clock at the register's ofTtee. He went there accompanied by his lawyer, rushed through a crowd or Hungarians who were waiting for their licenses and handed his card to the clerk.

Thereupon he signed an application, putting a dash opposite the word "occupation," and the was made out. Yar mouth handed the clerk a dollar and getting tired waiting for the change, fifty cents, told the clerk to keep It and went out. To Take Command at Once. PARIS, April 27. nar Admiral Cotton, the new commander of the American squadron In European waters, is at present In Paris.

We will leave hers Immediately for Villa fram he to take command of the squadron and bring the vessels. to Marseilles on tbe occasion of the arrival of President Loubet on Aril 29, when he will pla himself at the disposal of the American consul and tbe French authorities. MATTHEWS GAVE UP. BUFFALO, April After 18 rounds of a guerrilla light in the ring of the International Athletic club at Fort Erie tonight, Matty Matthews, of Brooklyn, threw up the sponge In bis battle with Jim Ferns because of an Injury to bis light leg and bis weakened physical condition, caused, by Ferns' haymaker swings to the body. WEDDED NOBLEMAf SUCCEEDS TYNER.

DAILY, SUNDAY, WEEKLY EDITIONS. EPDB THIRTY SEVENTH YEAR. TUESDAY MORNING, APRIL 28, 1903. PRICE TWO CENTS. iCvJ 0 TOMORDROW 1 Charles E.

Robb Gets Place In Post office Department. WASHINGTON, April '27. Charles H. Robb, an assistant attorney of the department of justice, has been selected "by Postmaster General Payne to succeed James N. Tyner as assistant attorney general for the postofflce department.

The summary dismissal of Mr. Tyner, and the request of Acting Assistant Attorney General Chris tiannv mado Ins Sfl tlirrlftV. ihftt he be relieved from the responsibilities of the office pending an Inquiry into Ms or ficial acts, made necessary the appointment of a law officer to carry on the legal work of the department. Mr. Robb was recommended for the place by Attorney General Knox, who spoke highly of his ability and honesty.

Mr. Robb was sworn this morning and immediately entered upon the dls .1 a U. TT only accepted the ptace pending a set t'HTj 1 Trlln assistant attorney general's office, and made it plain to Mr. Payne that he did not desire to keep the place longer than was necessary. His salary will be $4,600 a year, the same that he received in the department of justice.

Postmaster General Payne and Fourth Assistant Postmaster General Bristow spent the morning going over the package of public documents included among the papers taken from the government safe by Mrs. Tyner last Tuesday afternoon, which were returned to the department on Saturday. "After the documents have been reviewed they will be sent to Attorney General. Knox with the request that he tjtke such action as he may deem proper to bring the offenders to justice. It is not believed by those in a position to know that Mr.

Tyner, Mrs. Tyner and Mrs. Barrett will be rigorously, prosecuted under the sections of the statutes covering the subject. RELIANCE BEING FITTED FOR RACE Men Going Over Every Rope Will Probably Be Given a Short Spin Today. BRISTOL, R.

April 27. C. Oliver Iselin announced late this morning that the Reliance would not go out today. A gang of sailmakers worked over the mainsail of the yacht this morning and all day men were busy going over every rope and making all taut and trhn. A new staysail was taken aboard1 from the Herreshoff shops late this morning.

In speaking of yesterday's trial, Mr. Iselin said today: "I was very much pleased indeed with tie showing made by the The wind was satisfactory and everything worked well." Mr. Iselin said that Reliance would make her headquarters at Bristol for a few days at any rate. If the work on her gets along well she will probably go out tomorrow. The north breeze was entirely fresh by noon today and yachtsmen gazed longingly at the ruffling waters.

The Columbia was pulled into the dock at the Herreshoff yards during the morning and her mainsail was unshipped. A new main sail was then carried down the Herreshoff shops and bent on early In the afternoon. Also men were busy re fitting some of her gear. There was a long conference this morning between Mr. Iselin and Boss Sailmaker Hathaway in the Herreshoff yards.

It is said that the Reliance will try at least one other mainsail before leaving Bristol. Both Reliance and Columbia, It is expected, will be ready for any contingency by the time they leave this port. The two yachts lay not much more than 50 yards apart yesterday, but last evening after her trial spin the Reliance shifted her moorings to a point about 200 yards further north, so that it was impossible for the two yachts to foul each other, either in getting under way or dragging if a gale blew up the bay. THE NEGROES LOSE IN ALABAMA CASE Supreme Court, by a Divided Bench, Denies Them Suffrage Rates in the Above State. WASHINGTON, April 27.

By a divided bench 5 to 3 Justice Day being absent, the supreme court denied the application of Jackson W. 'Gales, on behalf of himself and 5,000 other negroes In Montgomery county, Alabama, to compel the registrars of that county to place their names on the register books. The case was brought in the federal court for the district of Alabama, alleging the deprivation of their constitutional rights under the 14th and 15th amendments, but that court dismissed thtv cause for want of jurisdiction and on that question It was brought to the supreme court on appeal and by certificate. Justice Holmes In delivering the majority opinion, said the question of jurisdiction and the merits of the case at bar were so Interwoven that It became necessary for the court to take up both, for it was Impossible to allow in a suit like this, that the relief sought should be granted. It would be an extraordinary and unheard of extension of political relief.

Tbe decree of tbe court dismissing the bill for want of Jurisdiction was therefore affirmed. Justice Holmea made but a brief announcement of bis opinion from the bench and did not make Its text public. It la understood, waver, that It does not In any way pass upon the constitutionality of the Alabama constitutional amendment, tbe court having considered In connection with 'he merits of tba case only the Question of power to grant relief by proceedings such as tbe case at bar. Justice Harlan delivered a vigorous dissent to tbe majority opinion. Tbe court, he said, bad been asked to pass upon only one polat, namely, whether tbe circuit court bad Jurisdiction of th case.

Yet this court bad left the question of jurisdiction In the air and had gone out of Its way to take up the merits of the case, which was entirely against a long line of it decisions, many of which a quoted. He was not willing, he said, to be a party assenting to the principle that th court, for any reason, should step aside and consider tbe uncalled for merits of a case. Justice Brewer, for himself, and Justice Brown also dissented. MILES His Report Contains a Number of Stories of Alleged Cruelty in the Philippines. GENERAL HAS K0 PROOF WASHINGTON, April 27.

The war department made publics today portions of the report submitted by Lieutenant General Miles on his observations in the Philippines. In a special paper General Miles tells of the complaints to hi by P1upinos that they stabulary, and he also recites charges of a more serious nature made against regular army officers. There is little or no prooi offered in the report, and the commanding general of the army says that the reports are made to him in a casual way. He says that in going from Calamba to Batangias, in November last, he noticed tnat the country appeared to have been devastated, large sections lying waste, and in the ride of 38 miles he did not notice any of the large fields under cultivation. "Stopping at Lipa," continues; the report, "one of the principal towns, and while at lunch with the commanding officer, one.

of the officers reported that somCcitizens desired to speak to me, which request was granted." The party, he explains, consisted of Goribio Catigbac, the acting president of the town Gregorlo Aguilera, former president; Jose Luz, treasurer, and others. The report adds: "They stated that they desired to make a complaint of the harsh treatment of the people of that community; that 15 of their people had been tortured by what was known as the water torture, and that one man, a highly respected citizen, aged 65. named V'in cente Luna, while suffering from the effects of the torture and unconscious, was dragged into his house, which had been set on Are, and burned to death. They stated that these atrocities had been committed by a company of scouts under the command of Lieutenant Hennessy, and that their people had been crowded into towns, 600 be ing confined in one building." General Miles says he looked at the building, and found that it was one story high, 18 or no feet wide ana pos sibly 60 or 70 feet long. He consid ered the statements so serious that he asked that they be sent to him in Manila in He did not receive them, however, and remarks that he is unable to say "whether any Influence was brought to bear to prevent their making a statement, either by persu asion or coercion.

He declares that on the island of Cebu it was reported that Captain Samuels, Forty fourth infantry, United States volunteers, and Lieutenant Feeter, Nineteenth infantry, had com mitted similar atrocities against the people of that island. "It was also reported that at Laoag, on the island of Luzon, two natives were whipped to death. "At Tasloban, Leyte, it was reported that Major Glenn ordered Lieutenant Caulfield, of the Philippine scouts, to take eight prisoners out into the coun try, and that if they did not guide him to the camp of the insurgent Quison he was not to bring them back. "It was stated that the men were so taken out, and that they either did not or could not do as directed. One of the men who had a son among the scouts was spared, but the others were separated Into Iwo parties, numbering three and four respectively, and, while tied together, were all murdered by being shot or bayoneted to death, some being In a kneeling position at the time.

The pretense was made that they were killed while attempting to escape, but, so far as I know, no offl clal report was ever made of the clr cumstanees. These facts have been reported by Major Watts, who inves tigated the case. Besides Lieutenant Caulfield, Civilian Scouts Ramos, Pres ton, Corn and McKeen were partici pants. "It appears that Major Glenn, Lieutenant Conger, and a party of assistant and native scouts were moved from place to place for the purpose of extorting statements by means of torture, and it became so notorious that his party was called 'Glenn's Bri gade. Whether it was possible for officers to be engaged in such acts without the personal knowledge of the general upon whose staff they were serving at the time, namely, Brigadier General Hughes, I leave for others to eonjooture.

In fact, I was informed that It was common talk at places where officers congregated that such transactions had been carried on either with the connivance or approval of certain commanding officers. It Is, however, most gratlfyihg to state that such atrocities had been condemned by such commanders as Generals Law ton, Wade, Sumner, Lee, Baldwin and others." Another charge made by General Miles relates to the distribution of food to the Filipinos concentrated by Gen. J. Franklin Bell. General Miles says that in the district in which General Bell operated eome 400,000 people were concentrated in towns under what was known as the order of reeoncentration.

"They were given but fifteen days to collect what little property they had and come Into these towns. They were held In these places for several months, until they had nearly exhausted what Utile substance they had. If it had been continued two weeks longer they either would bave had to be fed or would have starved. "During this time General Bell and Colonel Woodruff, of the commissary department, entered Into an arrangement by which money In the hands of the commissary department which had been appropriated by congress to support the army was used In buying large quantities of second quality rice, which was shipped, together with large quantities of sugar, salt and damaged flour, at government expense, and hauled to different places for distribution by government teams, or by private, teams forced Into service without compensation, and old, not at cost, 1A HEARD but at a profit of 25 per according to General Bell's statement, or ranging from 25 per cent, to 100 per according to the communication of General Davis. One excuse for entering into this transaction and not permitting the ordinary traders to supply rice to the community was the fear that it would go into the hands of the Insurgents.

"Not only was this second quality rice purchased and sold to a starving community In this way, but, according to the statement of Colonel Woodruff, 128,0000 pounds of damaged flour was also sent to be sold at the Invoice price of good flour, together with the added profits that might be charged. In addition to the cost and, the profits the persons distributing this rice were authorized to compensate themselves. It doefc not appear what the compensation was, whether large or small." General Miles remarks that General Davis asserted that these people were prisoners of war, and adds that, "it has already brought a serious scandal upon the service and is in direct violation of law." An answer to these statements prepared by Judge Advocate General Davis, of the war department, points out that the Incidents reported by General Miles have been made the subject of special investigations, and in some cases have resulted In a number of courtmartial trials by tribunals appointed by the president. Some phases of these Inquiries are not yet complete, and others are being investigated. "The conduct of these inquiries is made especially difficult, and the time consumed in carrying them forward to completion Is materially added to, by the fact that.

In a number of cases, the incidents were not made known to the proper military authorities at the time of their occurrence." General Davis says that the measures resorted to In connection with the purchase and distribution of rice were "dictated by military necessity. They were undertaken with the approval of the local military commander and were calculated to meet an emergency of impending famine In such a way as to relieve actual distress without pauperizing the native population, and without casting the burden of their support upon the insular treasury when public order has been restored and the provinces relegated to civil control." "SHOOT TO KILL" ORDER SUSTAINED Court Affirms Right of Militiamen to Obey Superiors' Instructions. Special to The Republican. PHILADELPHIA, April 27. The supreme court of Pennsylvania today, by a decision, affirmed the right of a militiaman to obey the! commands of his officer, even to shooting a man, without interference by the civil courts.

The decision was handed down by Judge Mitchell, In the case of Arthur, Wadsworth, who shot and killed William Durham at Shenandoah during the coal strike. Wadsworth had received orders to keep every one from loitering near a house that had been dynamited, to halt every man and to fire upon those who disobeyed. Durham refused to halt. Since that time there has been a contest on between the military and civilian authorities over the right to try Wadsworth. In order to make a test case his arrest was permitted and today's decision under habeas corpus proceedings takes his case out of the hands of civil authorities.

The officers in Wadsworth's regiment, the Eighteenth, have already promoted him to sergeant. Judge Mitchell says in his opinion: "The sending of troops to the anthracite region, by the governor, was a declaration "of qualified Jaw; qualified in that it was put in force and order, not for the ascertainment or indication of private rights or the other ordinary functions of government. For these the courts and other agencies of the law were still open. Exigency required Interference with their functions. "But within its necessary field, and for the accomplishment of Its Intended purpose, It was martial law with all its powers.

The government has and must have this power or perish. "And it must be real power, sufficient and effective for its ends, the enforcement of law, the peace and security of the community as to life and property. "The resort to the arms of the government means that the ordinary civil officers' authority Is subordinated and the rule of force under military methods is substituted to whatever extent may be necessary In the discretion of the military commander. To call out the military and then have them stand quiet and helpless while mob law overrides the civil authorities, would be to make the government contemptible and destroy the purpose of Its existence." Lebanon, April 27. Brig.

Gen. J. P. S. Gobln, commander of tbe Third brigade.

wno issuea 'snoot to Kill" order, this evening In speaking of the supreme court's action discharging Wadsworth from arrest, said: "It Is very gratifying. It certainly Is tho salvation of the guard, which could never exist If soldiers axe to be prosecuted crim inally for obeying the command of a superior officer. Further than that I have nothing to say until I have read Judge Mitchell's opinion In full. What information I have as to It was secured by rydlng those parts of the opinion as were published in the afternoon papers, recently Hull A my position In the case at tbe First regiment anniversary In Philadelphia." i UNREST IN COLOMBIA. An Order Has Been Issued for Expul sion of General Ospina.

COLON, Colombia, April 27. Advices from Cartbageuia Indicate that, there is unrest In some departments. An order was Issued for the expulsion of General Ofiplnar who, bow ever, has been elected senstor. Senor Blanco's memorial to the sssembly of lloltvar, praying for adverse action on th Panama canal treaty, has been negatived. Racing at Chicago.

CHICAGO, April 27. Dan McKenna and Gregor both Derby candidates, and held almost equal favorites In tbe third race for 3 year olds, tha feature event of tbe programme at Lakeside, met defeat today. Tha race went to Soothsayer, a to 1 shot Three favorites and a secou i choice won. '4 9 SI PACIFIES His Appearance Subdues Disorderly Gafaering of Strikers in Omaha, Keb. LESSONS OF COAL STRIKE OMAHA, April 27.

The president tonight took cognizance of a condition of affairs flat threatens a business paralysis such as no city in this country ever faced. On May 1, if the present indications come true as read by business men and laborers alike, the city will be tied up by an absolutely general and complete strike. Even the teamsters employed by the merchants throughout the city have promised to stop work unless all the other demands made by all the othef laborers, each in their own branch of work, are agreed to by the employers. The Ak Sar Ben, the organization of Omaha business men which tonight had entire charge of the president's reception, is particularly affected by the prospects of the city. These men.

are in such a fix now that they are almost ready to cry for peace' at any price. They went to the president yes terday afternoon at Grand Island and asked that he employ his sociological genius to effect a settlement of Omaha's prospective troubles next weok. Tonight after a greeting by all the people of Omaha, along the principal streets which equalled his reception when he campaigned in Omaha two years ago, the president went to the den of the Knights of Ak Sar Ben, on the outskirts of the town and addressed a crowd of 10,000 people. For a time the crowd was very disorderly. Senator Manderson tried three times restore order.

At last he called the police. Their efforts caused several free fights and more disorder. The senator rose again and said: "Finding myself quite unable to control the disorder and unreasonable spirit of some of the people present, I announce my willingness to give over the effort and to turn this audience over to the man. who subjected to his control the disorderly and rloutous coal strikers of Pennsylvania, the president of the United States." The crowd quieted with a suddenness which showed that all that it had been waiting tor was a chance to hear the president The president spoke of the fact that this was the birthday of President Grant and delivered his usual homilies on civio righteousness. Then turninj; to the subject which was uppermost in the minds of his hosts, be said in part: "If I might give a word of advice in Omaha, I should like to see your daily press publish' in full the concluding portion of that report of tha anthracite coal strike commission, signed by all the members thereof by those in a special sense the champions of the wage worker and by those In a special sense Identified with capital, organized or unorganized, because men and women of Omaha, those people did not speak first as capitalist or as laborer, did not speak first aa judge, as army man, as church man, but they (all of them), unanimously signed that report, as American citizens, anxious to see right and justlca prevail: "Capitalist and wage earner alike, should honestly endeavor each to loolc at any matter from the other's standpoint, with a freedom on the one hand from the contemptible arrogance which looks down upon the man of less means, and on the other from tha no less contemptible envy.

Jealousy and rancor which hates another be cause he is better off. "Look at the report signed by thosd men; look at it In the spirit in which they wrote It, and if you can only; make yourselves, make the commune lty approach the problem of today in the spirit that those men, your fellows, showed in approaching the great problem of yesterday, any problem op problems will be solved. "Any man who tries to excite class! hate, sectional hate, hate of creeds, any kind of hatred, in our community, though he may affect to do It in tha Interest of the class he Is addressing, Is In the long run with absolute cer tainty that class' own worst enemy. "Let me close In expressing abounding confidence I have that you of this city, that you of this state wlU In the end work out your fate aright, because, I hold you to be in a peculiar sense typical of nil that Is best In thel American character." i MORMONS UNDER BAN. German Government to Stop the WorW vi men BIS ft LIN, April 27.

The statement that thd government Is determined not to allow the preaching of Mormonlsm In Germany la confirmed. No general decree of expulsion will be issued and no steps will be taken to Interfere with existing settlements. No new preachers will be tolerated, however, and It Is more than probable that the leaders of the existing Mormon communities will be quietly ordered to desist from preaching their doctrines. nt) MARINE NEWS. NEW YORK, April 27.

Arrived: Steam, ships La Gsacogne, from Havre; Minnetmka, from Loudon: Vaderland, from Antwerp; Noordam, from Rotterdam. Arrived out: Stesmshlps Moltke, from New York at Hamburg: Minnehaha, from New York at London: lvernla, from New York at Liverpool. Handicap at St. Louis. ST.

LOUIS, April 27. The fourth event wl a handliap and the feature raco at Klnlnn today. Olenwater at odds was the favortti and Just managed to win by a head from Boastert Three favorites won. THE WEATHER. WASHINGTON, April 27, FVir Esateru Pennsylvania: Fair Tuesday; Wednesday fair, colder In northern and western portion.) fresh to brisk winds, mostly east.

Western Pennsylvania: Fair Tuesday warmer to northern portion Wednesday: In creasing cloudiness and colder; probably, showers; brisk, possibly high, wit east winds on Lake Brie..