davidaulloa/AmericanStories huggingface dataset:
The herald., 1896-02-26
PRIMARY ELECTION LAW
Declared Unconstitutional by the Su-
preme Court
The Decision Of the Lower Court Affirmed
that, II Is Local and Special
Legislation

SAN FRANCISCO. Feb. 25.-The Califor-
mia supreme court today decided that the
primary election law, passed at the last
legislature, is unconstitutional, on the
ground that it is special and local legisla-
ton. Chief Justice Beattie rendered the
decision. All the other justices concurred.
The proceeding was brought in the shape
of a suit by Martin Marsh, a taxpayer, to
enforce the supervisors of Los Angeles
from appropriating public funds of the
county for the purchase of ballot boxes
and in payment of other expenses involved
in carrying out the provisions of the act of
March 27, 1895. The superior court of
Los Angeles county sustained Marsh's
contention that the act was local and spe-
cial. and therefore unconstitutional and
void.
In affirming the action of the lower
court the supreme court says:
"There can he no question that the act
is local and special, since by it's terms it is
to apply only and take effect and be in
force in only counties of the first and Sec
ond classes; that is to say, Los Angeles
and San Francisco. The act is intended to
of delegates to nominating conventions,
and not only in its general scope and nature
but by various specific provisions is made
an essential part cf the general Law of the
state.
"Not only is it 8 general law that should
have uniform operation. and not only is
the casa to which it applies one that the
general law can be made applicable to,
but it clearly appears that it was designed
originally to apply uniformly through
out the state. This is shown by the
various expressions scattered through
out its first twenty-four sections, in
which the original scheme of tie
law is embodied. But for sections %
and 26, which are in some respects in con-
gruous with other portions of the act. limit
ing the operation of the law to counties of
the first and second class, we sh h,uld have
law complete and fully capable of ap-
plying, and intended to apply, in every
! part of the STATE. 1t is not matter of ar
gument or speculation, therefore. whether
this is a case in which a general law could
be made applicable. This act, by iti
terms, shows that such is the case and il il
did not it is apparent that the law regu,a,-
ing the election of public officers by pre-.
scribing exclusive means by which candi.
dates of great political parties can secure a
place on the official ballot is necessarily q
law of general nature and capable of uni
form operation
The herald., 1896-02-26

how we'll Oakland will suit, but either the
capital of the state or the future great
Stockton will be glad to give this board
any site it may select.
''Stockton is not only in one of the great
est and best valleys of the world, but it is
also the center of the manufacturing on
the Pacific coast. Even in the hard times
they kept foundries and large manufactor-
les running.
II would offer to this board for Stockton
a site. If nobody else will give it, will
give fifteen or twenty acres adjoining the
city. guarantee, also, that we will be as
liberal with this school as we were with the
Valley railroad"
1t was agreed by the regents that this
offer on behalf of Stockton and Sacra-
mento be printed with the report. An
amendment was then adopted to the mo
ton of Judge Wallace that the special
meeting to consider the report should be
held on Tuesday, March 31st.
The herald., 1896-02-26
RESOLUTION OF CENSURE
Supposed to Fit the Case OF Ambassador
Bayard
A Constructive Charge Of Offensive Partisan
ship to be 1ade by q Strict
Party Vote.

WASHINGTON, Feb. 25.-Chairman Hit
of the foreign affairs committee, today re-
ported to the house the preamble and reso-
lutions agreed on by the foreign affairs
committee censuring Ambassador Bayard
for portions of speeches he delivered al
Edinburgh and Boston.
Accompanying the preamble and resolu
tons is a brief report which sets forth tha,
Mr.. Bayard did make the speeches con.
tanning the features alluded to as objec-
tionabIe, and saying that no action had
been taken by the government thereon.
The preamble contains extracts of
speeches which brought forth the resoll-
tions in the house and they are followed by
the following resolution recommended by
the committees:
Resolved, That it is the sense of the
house that Thomas f. Bayard, ambassador
to England, in publicly using the language
above quoted has committed an offense
against diplomatic propriety and an abuse
of the privileges of his exalted position,
which should make him the representative
of the whole country and not of any polit-
cal party. Such utterances are wholly in
consistent with that prudent, delicate and
scrupulous reserve which he himself, while
secretary of state, enjoined upon all diplo.
matte agents OF the United States. In one
speech he offends a great body of his coun-
trymen, who believe in the policy of pro-
lection; in the other he oifends all OF his
countrymen, who believe that Americans
are capable of self government. There
fcre, as the immediate representatives of
the American people, we condemn and
censure said utteraEces of the Hon. I. T,
Baya.d
Resolved, further, That in the opinion af
the house of representatives, public
speeches by our diplomatic or consular
officers abroad, which display part;sanship
or which condemn any political party or
party policies or organization of citizens
in the United States, are in dere.ict!on of
duty of such officers, impair the useful
ness of public servants and diminish tbs
confidence which they should always COM
mand at home ard abroad.
A minority report containing the views
of the members of the committee opposed
to the resolution will also be presented.
The herald., 1896-02-26
Nye's Funeral Service,

FLEroHEEs, N. c., Feb. 25- Funeral
services over the remains OF Edgar W. Nye
were conducted by Rector H. H. Phelps
and Rev. Thomas q. Vvetmore at Calvary
Episcopal church, one mile north of this
place, today. The little church is beauti.
fully located on the summit of a symmet.
rcal knoll adjoining the cemetery lot., The
people of the community turned out en-
masse to pay their last earthly tribute to
their distinguished and warm hearted
neighbor. The casket was borne by w, f..
Breeze, L. p. McKissick, DR.. George w.
Fletcher, DR.. Walter Hillyard and Oliver
Routledge, and was covered with flowers.
Tne grave has been decorated by the ladies
of the commu lity.
The herald., 1896-02-26
THE ROBBERS ESCAPED
A Bank Cashier Wounded and Q Citizen
Killed


Killed
WARREN, Ark, Feb. 25.-A daring but
unsuccessful attempt was made to rob the
Merchants and Planters bank of this
place today. About $3.50 O'Clock three
men entered the bank and two of them
walked around behind the enclosure where
Mr.. Adair, the cashier, was seated in con-
versation with T. NJ. Goodwin and d. W.
Sutton. Their first salutation was, "Hold
up your hands," Mr.. Adair spran z for his
pistol. when the men commenced sh ooting,
and Mr.. Goodwin received what is thought
to be mortal wound, and Mr..
Adair was shot through the shoul-
der. He returned the fire and
evidently wounded one of the men, as
when he rode off he was seen to be bleed
ing. The firing of the pistols startled the
citizens, who came running from all direc-
tions and the robbers were forced to retire
without accomplishing their object. As
they rode out of town they kept up a fusil-
lade of shots. The plans were well laid
and 10 doubt the bank would have been
looted but for the promptness of Mr..
Adair with his pistol.
Mr.. Goodwin il in critical condition.
Mr.. Adair's wound is a very painful one
but not necessarily fatal. Several citizens
had narrow escapes from the flying bull
let's and on the interior the bank is perfor-
ated with bullet holes.
The herald., 1896-02-26
Millions for Defense

WASHINGTON, Feb. 25.--Senator Squire
today presented his report on the forlifica-
tions bill. The committee today amended
the bill, making the total amount carried
by it $sO,OOO,0OO instead of SS7 900 900,
making $lO,O00,O00 available at once and
to be expended during the fiscal year end
ing Juue 80, 1897, and $4,000, 900
thereafter for the following seven years.
This is in lieu of the emergency section of
the bill, which allowed the president to ex-
pend all the money in his discretion, The
bill also authorizes contracts to be made
for the entire works of Notifications.
The herald., 1896-02-26
SCHOOL SITES
Considered by the Regents of the State Un,-
yersjty

Considered by the Regents of the State Uu,-
versity
SAN FRANCISCO, Feb. 25.--The board of
regents of the university of California met
today in special session to consider the re :
ort of the committee to which had been
assigned the duty of examining the sites
offered for the Wilmerding school.
Regent J. West Martin submits the re-
port 10 the effect that seventeen sites had
bsen offered and considered by the com.
mittee.
Gov. Budd, who had entered tho room,
took the first opportunity to engage the
attention of the board -. -....
II think" he said, "that with the Lick, :,
ths Coggswell and the Polytechnic school
ia San Francisco, the board, in spending
ms money, should 60 to some manufac.
The herald., 1896-02-26
KILLED HIS WIFE
She Begged for Mercy, but None Was Shown
Her

She Begged for Mercy, but None Was Shown
Her
SAN Francisco, Feb. 25.-Nicholas
Claussen, baker, shot and killed his wife
at l3 Everett street at about o'clock to-
night at the house of friend named Foley,
where Mrs. Ciaussen was apparently hid
ing to escape the wrath of her husband.
Claussen entered Foley's house with a
pistol in his hand and told his wife that he
was going to shoot her, but she begged for
her life. and he put the pistol in his pocket
and started to leave the room. but he had
hardly reached the door when he pulled
the weapon from his pocket and, rushing
at his wife, fired three shots. two of which
entered the body near the heart. the third
striking her in the arm, She died inme-
diately. Ciatssen was taken into custody.
The murdered woman was the mother of
three boys and was very eomely.
The herald., 1896-02-26
Chinese Affairs

LONDON, Feb. 26.-A dispatch to the
Times from Shanghai says that Anhui
troops at Kiang Yin, SO miles from Shang-
hal, have mutinied. By the explosion of
the main powder magazine at that point
200 persons were killed and many wound
ed. One captain has been killed by the
troops and the general has been made pris-
oner and is awaiting death. The foreign
instructors of the troops are safe and are
being protected by the Human troops.
The herald., 1896-02-26
A Goud Indian

SAN DIEGO, Feb. 25.---Miguel Perez. an
Indian living at Old Town, was burned to
death yesterday in the hills back of Mo-
rena. lie was engaged with his son and
Juan Fidel in clearing brush. Miguel
went further into the brush than the other
two, and was separated a few hundred
feet from them, across small canyon.
The boys soon aftcrward saw big blaze
in the direction of Miguel. Some time af-
terward, not getting any response TO their
calls. they went over to the ashes of the
big fire, and there found Miguel burned to
a crisp. Tie deceased had the reputation
of being IA remarkably good Indian.
The herald., 1896-02-26

Matte had shown me the gold watch that
had been given to her by DIR. Brown.
1.-The girl was overcome by flattery. She
told me herself that she had to attend all
OF DR.. Browns sermons because he could
not preach as we'll when she was absent"
The charge which j. E. Mason presented
to the council accuses the pastor of having
lntinidated a very estimable young lady of
the church by threatening her with an I'M
warranted and uncalled for attack upon
her character. In submitting it in behalf
OF the young lady and her mother Mr..
Mason exacted a promise that the name of
the young woman and of her mother shall
not be made public.
The herald., 1896-02-26
FORMAL PROPOSALS
Relative to English Control Of Affairs In
Egypt

Re1atlVe TO English Control Of Affairs In
Egypt
LONDON, Feb. 26. "A Lonstantinople dis
patch to the Times says Lord Salisbury
has sent reply to the communication
which the sultan instructed Costaki Pasha
to make to the British government, in.
viting England to regulate the situation in
Egypt, with suzerain power, on the basis of
guarantees being given for the security of
'inmunicaton between England and In
dia.
The Times correspondent says Lord
Salisbury, in his reply, says the Turkish
ambassadors suggestions are too vague.
The sultan has therefore appointed com.
mission consisting of the grand vizier.
HALT, Rifaat Pasha, the minister OF for,
eign affairs, Tewik Pasha and the presi.
dent of the council of state, Said Pasha, to
formulate proposals on the subject
The herald., 1896-02-26
Released on Bn,l

Sioux CITY Iowa, Fch. -. Judge Ladd
of the district conrt, has signed writ of
habeas corpus in the case of State vs. Bnii,
VINO is charged with the murder OF Maud
Strawn at Sheldon, Iowa, whereby iiull is
released on his own bond. Bull was given
preliminary hearing at Sheldon some
days ago and was bound over to the grand
jury aud his bail fixed at $1,000. Bull has
been in Jail at Primghar.
The herald., 1896-02-26
Takes the News

BosroN, Feb. 25.--The New London Dav.
the leading evening paper of New London.
Conn. has joined the Associated Press and
land Associated Press.
The herald., 1896-02-26
THE NEWS

BY Observation-Disclosures proceedings;
Morrill, moves to consider the tariff bill,
which the senate for the second time de-
ciines to do; in the house the Indian APP
propriation bill is passed, and the secretary
of the treasury authorized to exterminste
the Alaskan seal herds. The state Iii.
preme court declares the primary election
law unconstitutional and void Reports
OF General Weyler's generosity toward in-
surgent prisoners; g. Spanish army has Lost
itself. DIR. Jameson given an ovation
upon his appearance at the Bow street po-
lice station q. Bay District races; Bellicose
breaks record L. A. w. national COM
luittees Some rather dreary testi-
mony in the case of Dr. Brown at
San Francisco Senator Hill reports
the resolution to condemn the
speeches of Ambassador Bayard. Saliva
tion army officers. =. Railroad notes. Two
bank Iobberes in the southwest. Ana
heinz Grandma Rogers ambition. San
Diego; a crazy carpenter. Pasadena;
dwelling burned. santa Ana; Masonic
matters. santa barbara: tramps fire.
mems field day. San Bernardino; al
election; sample oranges Pomona; an
excursion today San Pedro; five boys
take tumble; a re. Riverside; mining
at Panamint.. .Oceanside, Carlsbad
The herald., 1896-02-26

AROUND TOWN-Savage was not on hand,
and the police commissioners dcliberated
without him The traffic in human souls
on Alameda street. one gang trying 10
freeze the other out The Siberian report
filed at last and Goodman Is exonerated
Large shipments of oil; prices and
consumption both on the increase q.
is Il foundered sorrel mare worth $5O?
NO contiuua, ce in the Pomeroy Hooker
condemnation suit allowed; the parties
must proceed to trial For the coming
Fiesta; meeting of the executive commit
tee -. An alleged Truman thief arrraign,d Il
in the police court ., Fred Marshall, m in.
mate OF the coWnty Jail, wants his liberty
ANA dnesnt care how II Is obtained Tie
IandAlarks clnh meeling
The herald., 1896-02-26
WHERE YOU NAY 90 TO-DAY

oRrnEuM--At 8 p. M; vaudeville.
BUGBANK-speeial benefit matinee and at 8
p III. The Fire Patrol
Los ANGELES THEaTER-Ats 8 p. M; Louis II
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25
HER JEWELRY SAFE.
Mrs. Laura Tinkcom Thought Her.
self Robbed at st. Paul.

Fridays st. Paul Pioneer Press
gives full account of the robbery of
Mrs. Laura Tinkcom's jewels. Mrs.
TinkcOm lives alone in fat AZ, the
Buckingham, and her granddaughter,
Miss Stella Lundberg, of this city, has
been visiting her. Last Friday even
ing Miss Lundberg returned to this
city, and Mrs. Tinkcom went to the
train to see her off. Before going to
the train, Mrs. Tinkcom took her
jewelry from it's usual place, on &C
count of the many burglaries in that
city, and put it in the closet with the
soiled clothes. When she returned
from seeing her granddaughter off on
the train she forgot to remove the
jewelry fro n it's hiding place.
Mrs. Tinkcom had for some time
thought that there were rat holes in
the closet, and on Saturday man
was sent to her rooms to look for rat
holes, and made thorough examina-
tion of the closet. Soon after he had
gone, Mrs. Tinkcom went to the closet
for her jewelry and found that it was
not there. She reported the matter to
the police, and day before yesterday
procured warrant for the man,
who is the janitor of the building.
None of the jewelry was found, but a
handkerchief taken from his pocket
was recognized by Mrs. Tinkcom as
the one in which she had wrapped the
jewels previous to going to the train
with her granddaughter. No one else
had been in the rooms.
The jewelry was worth between
500 and $500, according to Mrs. Tink
CONS statement. There was dia
mond set bracelet worth 5000, a dia
mond pin worth 5000, diamond pend
ant worth $50, necklace worth $40
and three rings set with diamonds
and emeralds worth $50 each, and &
solitaire diamond ring worth 800
These were heirlooms, the most Of
them having been in the family fol
years.
LATER-Today's Pioneer Press states
that the man who was accused OF
stealing the diamonds was released
yesterday, on telegram from Miss
Stella Eundberg. from this city, stat
ing that she wore the diamonds wher
she returned to MankatO last Friday
night. The latest explanation is thai
in the parlance of apartment houses
''rat holes" mean Oil stoves, as NO
cooking is allowed in the building
The janitor found no such stove. The
manager and agent of the building
and several of the guests, who did not
think the janitor guilty, interested
themselves in his behalf and tele
graphed Miss Lundberg late Thurs
day night, and the reply came yester
day forenoon.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25
Clothes Lines Cleared.

A. L. Shoemaker, who resides t
602 N Broad street, reported to the
police Saturday that his clothes
line was visited last night and full
washing taken, even down to the
clothes pins, although the thief was
considerable enough to leave the line.
Mr.. Shoem lker and family occupy the
second fl or of the house, and MIS-.
Rask and family the first floor, and
Mrs. Rasks clothes line was also
cleared. The two washes had been
hung out late in the afternoon
and the wet clothing had
frozen stiff. 1t must have been no
easy task 10 have gotten away with
the entire lot under such conditions
The loss was not discovered until this
morning.
Mr. Shoemaker discovered this
morning the foot prints in the snow
of man whn had entered the ward
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25

John Mahoney, we'll known
farmer of the southeastern part of
the county, died Thursday night at his
home near the line between Medic and
Mcpherson.
Judge Mead made an order Satur-
day to examine the accounts of the
executor of the estate of Andrew
Anderegg, deceased, and an order ap-
pointing W. P. Bradley administrator
of the estate of Charles Bradley.
The St. Peter Herald says that
the Vitascope company foundered
there last Saturday night and on Sun
dry the show disbanded. The vita
scope was shipped to Minneapolis and
the vaudeville performers left for
Chicago.
-Amboy Herald: At the recent
district meeting of the pastors Of the
M. e. church at Madelia, we are in
formed by Rev. Wareham that a COM
pany of twelve was formed for the
purpose of visiting the Paris exposi-
tion in 1900, and that they will con-
tinue their journey to the Holy Land
before returning. DR.. Cleveland, of
Mankato, is the prime mover in this
proposed trip, which will require
nearly years time in making. Rev.
Wareham intends to compose one of
the party and is confident the round
trip can be made for $500.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25
A NEW AGENCY.

Mr.. E. R. Graham, representiog the
Minnesota Hedge Il Wire Fence Co.,
of Minneapolis, is in the city city and
will make this his headquarters fol
six or eight months to come. He is
here to introduce live hedge fence
combined with wire. This fence is
very popular wherever it is in use, be.
ing impenetrable for hogs and stock,
as we'll as an adornment. The COM
pany which he represents is composed
of some OF the leading citizens OF
Minneapolis, and appears to be very
substantial concern, and the names
of those interested is guaranty of it's
reliability. Mr.. Graham will call up
on some of our leading citizens.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25
WANTS TO RECOVER.
Mark Raible Sues his SOn-in=laW
for Return of Property.

The complaint has been served in a
suit brought by Mark Raible against
Charles Graf. The plaintiff alleges
that he is divorced man, So years of
age, and for three years past has been
at times very feeble and infirm. He
has no family except one son whose
residence is unknown to him, and one
step daughter, Mrs. Chas. Graf. The
plaintiff alleges that, being sick and
expecting to die shortly, and having
for long period been kindly treated
by Mr.. Graf, on Dec. 23rd, 1893, he
agreed that if the defendant would
give him a home, support, clothing,
medicine, and all necessary supplies
and care during the plaintiffs life,
the plaintiff, not wishing to be a
charge upon the defendant. would
deed to him his real estate and trans
fer to him his personal property. The
real estate.was the e4, wi, sec. Is,
1926, and worth $500. The person
al property consisted of 800 in cash,
horses, harness and household goods.
The total value of everything was
49, 1862. The defendant agreed to this
The plaintiff alleges that instead of
the mutually binding papers. which
he understood were to be signed, he
was induced to sign warranty deed
without being able to read or know
it's contents, and that the defendant
never executed any instrument en-
bodying the conditions of the agree
ment by him to be performed, and
that he now repudiates and denies
that he is bound to perform any OF
the conditions, and neglects and re-
fuses to perform them. The plaintiff
says that since the delivery of the
deed, the defendant has changed his
tconduct toward the~@-plaihtiff, and
neglects to properly support and care
for the plaintiff, and treats him I'M
kindly. The complaint alleges that
the defendant has never paid any
consideration for the property or deed
in any manner, and therefore asks the
court to declare the deed and the re-
cord thereof void, and to return to
the plaintiff the money and personal
property, including 1876 received for
the rent of the premises, less any
amount which ethe defendant may
show himself entitled to retain by
reason of services performed for plain
tiff, or for money paid Ito or on &C
count of plaintiff. Schmitt & Wilson
are attorneys for the plaintiff.
Mr.. Graf denies all of the allega-
tions in the complaint. He says that
he did not want the farm and pro-
perty transferred to him in the first
place, and would transfer them back
less what he has paid out to support
the old gentleman, whom he has al
ways treated kindly and literally.
They have never had any cross words,
and Mr.. Graft has never been COM
planned to regarding the matter. Mr..
| Graft expects that the case will be set
tied, as it's commencement was great
surprise to him and he considers it
uncalled for. Thos. Hughes is his
attorney.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25
nOnV to Ind
rl0ny to lad
On farm lands on easy term.
MANKATO SAVINGS BANK.

Mr.. Reuben B. ,Disbrow, of the
Disbrow Manufacturing company, of
this city, returned Friday night from
the Minnesota State Dairy conven-
tion at Albert Lea, where he sold
four of his celebrated winner
churns. The butter that took first
premium at the convention was made
in one of these churns, and the ma
chine received much praise from prac-
tical creamery men. 1t is unques-
tionably the best combined churn and
worker on the market.