davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal., 1897-04-17
ISCUSSING THE TEXAS CASE.


q federal question; but We have such
question here. even If the precedent was
not of value upon that consideration. L do
not know whether my friend. Mr.. Ketcham,
yesterday assumed that the attorney gen
efal of Texas was a member of this board
Of Railroad Commissioners. | think he did.
If he did, it was mistake. The attorney
general was not a member of the board.
He was sued as the attorney general and
had nothing to do with the case under the
law. except that this special law put upon
him the duty of bringing certain suits to
enforce certain penalties. l think that an
assault upon the attorney general. the
drawing OF him Ito the feet of the United
States Court would be larger indignity
than to so deal with the prosecuting attOr-
ney. This Texas law provided certain pen
alties for violation, very much like the pen
alties in this 3-cent-fare bill. some OF which
are to be prosecuted by individuals. whom
we could not bring in here, and some of
which run against the employees OF the road
who may decline to take a 3-cent fare. and
some against the corporation itself, which
may also he prosecuted. OF course. pros
ecution against a corporation can only be
satisfied by fine, and your honor Will see
that this statute, which is under Considera-
ton here, runs on ali fours with the penal
provisions i'm this act in Texas. 1t imposes
upon its officers. who may refuse 10 exc
cute the law, OF who may exact a larger
CoHiRehSSitlOi tilsel i HNeu py the law In
the Texas case the question of reasonable
ness was raised. That of course, does not
affect the matter that L am considering. 1t
was aVerred that such fares We're unrea-
sonable and unjust. and set forth specific
facts and prayed decree restraining the
commission from enforcing the rates. and
also restraining the attorney general from
instituting suits. together with penalties
for failing TO obey such regulation. Ii as
that relief that the court gave. The high
est law officer of the State of Texas-there
probably, a constitutional officer-who. by
law, was required To enforce these penal
ties, was restrained by the court Let US
see how the injunction ran: And the de-
fendant Charles a. Culberson. acting as
attorney general OF the State of Texas and
his successors in office. be and they are
hereby perpetually enjoined, restrained and
prohibited from instituting or authorizing
or directing any suit or suits. action or
actions, against the defendant railway
The Indianapolis journal., 1897-04-17

What was involved in that statute? 1t
was a general law. 1t applied TO all the
cities and towns of the State of Indiana.
1t did not simply provide a way by which
a street-railway corporation might be or
ganized. but it defined its powers and func-
tions, went into the manner of grade and
gauge and the method of construction and
into many details of that kind and made
all of those details applicable to every city
and town in the State of Indiana. Under
the twenty-third section. the Legislature
here exercising that judgment which. under
the Constitution. was committed To IL, de-
clared that this was a subject that was ca
pable of being dealt with by general leg
islation. Therefore. If the declaration
The San Francisco call., 1897-04-06
AN AGED WOMAN
FASTS 40 DAYS
Mrs. Mary Lincoln of
Bristol Battles Long
Against Food.
AT the Age of Ninety. Three She
Slowly Perishes for Want
o! Nourishment.
Determines to and Actually Starves
Hers 1t to Death in the Midst
of Plenty.

BOSTON, MASS, April 5.-Mrs. Mary
Lincoln, aged 90, died in Bristol. R. l.,
to-day after fasting forty-eight days. The
case is considered most remarkable one.
She was in very good physical condition
and was bright and cheerful until SIX weeks
ago, when attacked with the final illness
which caused her 10 declare against any
more food.
Physicians from all over New England
have puzzled over the case for weeks, at.
tempting every known means 10 get sus-
tenance into her system, but her strange
disease baffied science.
While conscious of all that was going
on abou: her, Mrs. Lincoln said she did
not care Tor anything more to eat. She
was determined and actually starved to
death in the midst of plenty. She slept a
great deal during her illness, which was
somewhat refreshing to her, but her gre at
constitution was undermined more and
more each day as she went without food.
This is not only one of the longest fasts
on record, bnt it is the only case where
person anywhere near her great age ever
lived for any length of time under such
remarkable circumstances. She was very
patient and seldom com planned. She had
no organic disease whatever.
Mrs. Lincoln was widely known in
Bristol and highly respected. She leaves
three sisters, all advanced in years. A
brother, William Lindsey, died only six
weeks ago after he had just called on his
sister, Mrs. Lincoln, and arranged for her
funeral. She was one Of a family of ten
oh
The San Francisco call., 1897-04-06
FELL THROUGH A TRESTLE.
Disastrous Wreck of an Engine Dnd Fl
teen Cars on the Pennsylvania
Railroad

PITTSBURG, Pa, April 5-A disas-
trous railroad wreck took place here this
morning, disastrous to property, but for
tunately only one man was killed. A
freight train on the Pennsylvania railroad
was about to cross the Ohio River bridge
at 6:15 this morning, and when on the
approaches broke through the trestle over
Hanover street.
The engine and fifteen cars fell into the
street below, completely blocking the
thoroughfare. The trestle broke under
the engine. which went down first, and
the cars came down on top of it.
So great was the mass of fallen cars and
timbe from the bridge that considera BILE
time elapsed before it could be found
what loss OF life had actually occurred.
When the engine was finally reached
the engineer was found to be alive, but
was terribly crushed and will proba bly,
die. The fireman was lying under the
wreckage and was dead when taken
out. Five other men riding on the train
were very badly hurt, but will probably
recover.
The cause of the accident is not vet
known, but rigid examination into it
will be held. The trestle that gave way
to-day had frequently held much heavier
trains and was supposed to be perfectly
safe.
The San Francisco call., 1897-04-06

propoaed here can be suggested l will ac-
cept it, although it must be insisted that
the policy of discriminating duties sane
toned by the founders of our Government
and tried for more than thirty years with
the best results has again received the APP
provaI of the people in theNlast National
election and should at least have another
trial.
1.-THE revival of American shipping, SO
long neglected, is not the result of any
party nor of any particular interest; 1t
belongs to no section; it concerns the
whole country, its future prosperity and
welfare; its has become the cause of
0G00, 600 of people, henceforth they will
take care of it; in their keeping 1t will nc
longer Ianguish and die.
II feel that sooner or later the patriotic
cause of upbuildiug American shipping
will triumph and Americans will enjoy
and use their common share in the oceans
OF the world and have their part in their
carrying trade; that the time is not dis.
tant when the American flag will be seen
on every sea and float from vessels of the
United States in all ports of the earth, and
American merchants. business men and
BANKERS will be established and doing re-
munerative business in all commercial
centers"
Lindsay (D.) OF Kentucky addressed the
Senate in favor of the bankruptcy bill.
The Senate adopted a resolution offered
some time instructing ago the Committee
on Civil Service and Retrenchment to in
vestigate the case OF the discharged en-
ployes from the Bureau of Animal Indus
try in South Omaha, Nebraska, for mere
political reasons, and also one offered to-
day for q ike investigation OF the dis
missal of eighty-tiye colored persons from
the Bureau of Engraving and Printing in
Washington for no other cause than that
of color.
a bill was introduced by Chandler (R.)
of New Hampshire, abolishing competi-
tion in trade productions and authorizing
commissions to enable merchants, manu-
facturers and producers of commodities,
subject to interstate commerce, to main
tain prices and make profits no.withstand-
ing business depression. He explained
that he had no intention OF urging its pas
sage unless in the case of the passage of
the bill 10 allow railroad pooling. 1t was
characterized by Allen (Pop.) of n ebraska
as 1.-The rankest kind of Populism," and
Allen added that Sin the palmiest days of
Populism no man was ever wild enough
or long-haired enough TO introduce bill
of that kind"
A joint resolution was introduced by
Bate 3D. of Texas, and was passed unani-
mousIy. authorizing the President to
direct the surgeon general of the Marine
Hospital Bureau to distribute all availa-
bic supplies OF tents, blankets, food and
medicine and TO purchase such further
supplies as may be needed for the suffer-
ers by the Mississippi floods.
The Senate at : o. clock adjourned
The San Francisco call., 1897-04-06
u0HIVS MUNICIPAL ELECTIONS.
Cincinnati, Columbus ard GAINESVILLE Elect
Democratic Mdyors-cieveinnd
Coes r publican.

democratic MdyorS-CIeveinnd
Co.'s r pubncan
CINCINNATI, OHIO. April 5.-CoIonel
Gustav Tafel (Democrat) defeated Levi
GoodaIe tRepu blican) for Mayor in the
municipal election to-day by majority of
about 1000 the rest OF the Democratic
ticket carrying by about the same average
majority.
Colonel Tafel will be the first Dem ocratic
Mayor for Cincinnati in many years. The
successful ticket was composed partly OF
Democrats and partly of Republicans, its
aim being the overthrow of the present
n municipal administration. As John r.
McLean's newspaper Qhe Enquirer) was
the principal organ of the successful
movement it is claimed by many of his
friends and admirers that the election to-
day opens the way for him into the United
States Senate, he being alleged to have an
ambition that way.
COLUMBUS, ONO. April 5.-The Demo-
Gratis carried Colum bus, eecIing Samuel
T. Black by 400 votes over Emmett Tomp-
kins, Republican, ana their entire city
ticket, except Judge of the Police Court,
S. ]. Schwartz, Republican. being elected
10 that office over w. NJ. Thompson.
ZANESVILLE, OHIO, April s. - The
Democrats elected their candidate for
Mayor to-day by majority of about $50
The resi- of the Democratic ticket was car
ried bv about the same majority.
CLEVELAND, ONO. April 5.-Robert
E. McKisson, the Repu olican candidate
for Mayor, defeated John Farley, Demo
crat, by plurality of 1900
The San Francisco call., 1897-04-06
RUN OF THE BAT7LE-SHlP IOWA.
The Big Modern Vessel Makes Success
fri Run, Averaging Hf6 Knots
an Hour.

BOSTON, MASS, April 5.-The battle
ship Iowa was given preliminary run
to-day over the Cape Ann course, where
she will have her final trial spin on
Wednesday.
The trial as far as it went was thor
oughiy successful. The Iowa was sent
over the first half of the course after she
had done some 'jockeying" 10 warm UP
her engines. She accomplished the thirty
three miles in the remarkably good time
of one hour and ffty-five minutes and
twenty-one seconds, or at the rate of l7.l6
knots an hour.
The conditions under which this was
accom- plished were not the most iavora BILE,
for, while the sea was as smooth as could
be wished. the wind was directly aft,
about the worst direction it could blow
from to insure good draught.
After the FIRST leg of the return journey
had been covered at rattling pace the
vessel ran into dense fog bank and
speed had 10 be reduced.
The San Francisco call., 1897-04-06
DID 4 DIgoAcE BUSINESS.
Peculiar Conduct # n Latcyer Tho Il,
sued His Ospss DIvsrce.

Peculiar Conduct # Latcyer Tho Is-
sMsd His Oson Dtvarce.
NEW YORK, N. Y. April 5.-A Sun
special from Atlanta says: John NJ. Petrie,
lawyer OF Marietta. has discounted law.
yers of Chicago in securing divorces with
secrecy and dispatch. He began to prsc.
iice only about year ago.
The trial of case in the Cobb SUPERIOR
Court last week developed curious state
of affairs. Joe Robertson was Indicted
tried and convicted OF living with Georgia
Lester, contrary TO law. He con tended
that he had been divorced from his f;rst
wife and was lawfully married 10 his sec.
ond. paper was exhibited in court pur.
port ing to be divorce granted Robertson
at the Novemb Der term, the iury verdict
signed by Asker Dobbs, foreman. and the
decree signed by George f. g bier. Judge
and w. r. Montgomery, Clerk of Court.
Robertson said he had paid S35 for his
services and Petrie had furnished him
with that paper He said he thought he
was legally divorced. and had applied to
and obtained from Judge Stone the ordi-
nary marriage license, and was married
to Georgia Lester last December. The
name signed to the verdict of the sup.
posed jury is that OF a man whose name is
not in the jury-box. The signature of the
decree Is clumsy effort 10 initiate the
Judges peculiar chirography.
A. rule has been issued by Judge Gobler
against Petrie to appear before him and
show cause why he should not be stricken
The San Francisco call., 1897-04-06
MRS. ANNIE BEsANT SPEAKS.
Addrssses Many Theosophists at Neu
orE ard Brooklyn.


NEW YORK, N. Y. April SIN spite
of the rain and rival meeting by Mrs. An
ME Besant at Cncksring Hail. 1900 people
attended the public reception given at
Madison-square Concert Hall last night
by the local theosophical societies to Mrs.
Katherine A. Tingley and her band OF
theosophical crusaders on the occasion OF
the return to New York after girdling e
globe.
Mrs. Tingley was asked whether she
claimed to be a reincarnation of Nine.
Blavatsky. II have every where caused
TO be published statements that l claim
nothing of the kind" she replied.
Ms. Annie Besant addressed meeting
OF the newly organized New York branch
OF the theosophiss yesterday morning,
and spoke at meeting in Brooklyn in
the afternoon and last night, and delivered
the last of the series OF Lectures upon the
Human Aura" Human Soul'' and
''Human Thought" at Chickering Hall.
Mrs. Besant left to-day for ST. Louis,
and from there will 60 on to Kansas City,
Salt Lake City, Denver. Los Angeles art
San Francisco. Returning she will, she
says, visit Minneapolis, st. Paul, Milwau-
kee, Chicago and the other principal cities
of the West.
The San Francisco call., 1897-04-06
EErIREMENr OF ADMIRALS.


kamsay and BrosCn Soon to 6ench me
Age Limit.
WASHINGTON, D. c.. April 5.-Un'
der the operation of the age limit Rear
Admiral Francis NJ. Ramsay, chief OF the
bureau of navigation, goes upon the re-
tired list. The next officer to retire is
Rear-Admiral George Brown, who reaches
the prescriplive age three months from
to-day.
Rear-Admiral Ramsay has been identl-
fed with the navy for nearly thirty-seven
years, having been appointed from Penn
sylvania in 1850, and his first rank being
that of midshipmap-a grade no Longer
existing in the American navy.
He saw considerable service during the
war and was rapidly advanced because OF
his conspicuous merit. Since he became
has not had command OF feet, and has
enjoyed the unique distinction of being
the only fleet officer in the navy who had
never commanded fleet.
This has been due to the desire OF the
former Secretary of the Navy to keep him
in a position where he could get the full
benefit OF his fairness and his great knowl-
edge of naval affairs. His retirement Will
bring bout the promotion to the rank of
rear-admiral of Montgomery Sicare, now
commander of the Brooklyn Navy-yard.
The members of the lighthouse board
are in session to-day and Will elect as
chairman to succeed Rear Admiral
Wa ker. who retired last month, Captain
w. s. Schley, who was recently detached
from the command OF the New York.
The San Francisco call., 1897-04-06
EXONERAIES
APPRAISER LEAW
Senator Perkins Presents a
Letter to Secretary
Gage.
The Ex.ColIector Writes That
He Is Now Convinced That
Leavy Was innocent.
Although California1s rs Urged th
Sending ef Coombs to japan He
Failed to Be Chosen.

WASHINGTON, D. O., April 5.-Sena-
tor Perkins has presented to Secretary of
the Treasury Gage letter from T. G.
Phelps, former Collector of Customs at
San Francisco, generating q. Nj. Leavy,
charges made by Collector Phelps, upon
which Leavy was removed from office dur.
ing the administration of President Har-
rison.
The ex-Collector writes that he is now
convinced that Appraiser Leavy was inno-
cent of the accusation he then brought
against him of favoring certain importers
who were detected in defrauding the rev.
enue. Secretary Gage has as yet taken no
action toward clearing the record, but the
probability is that Leavy will be acquitted
of any knowledge or participation in the
frauds.
The ambition of Frank Coon bs of Cali
fornia to be Minister to Japan was blasted
to-day when Buck of Georgia was ap-
pointed to this post. The California dele
CATION Endorsed Coombs for this mission,
but it is the policy of the administration
not to reappoint those who formerly held
office. This rule will be adhered to, with
occasional exceptions.
Representative Barham will tomorrow
submit to President Mckinley the follow
ing names for appointment to Federal po-
sitions in California:
Sterling A. Campbell, as Collector at
Eureka; T. A. Roseberry, Register Land
Office at Susanville; N. Bullock. Post
master at Eureka; Allen b. Lemm on,
Postmaster at Santa Rosa, Z. E. Tucker
at Fortuna, James T. Laind at Altura,
w. D. Mckenzie at Monticello, George F.
Brown at Bonneville, NJ. o. Moore at
Fall River Mills, Mrs. l.. Packwood at
Bieber. Mrs. Mary E. Jones at Downie-
vile, P. L. Hail at Willets, Robert j..
Nixon at Yreka and John Vanderhoff at
Hayfork.
Pensions have been issued as follows
California - Original: William Wilt
Oleta; James H. Brown. Veterans Home,
Napa. Reissue: Joseph Lead. Los An
geles; Ursula M. Potes, Los Angeles.
Oregon-Additional: William T. A. H.
Boles, Philomath.
Washington-Orieinai Especially: Henry
Allen, Kelso.
The San Francisco call., 1897-04-06
GLOBE SAVINGS BANK CLOSED.
Receiver Appointed for Well Known
Chicago co1cern-Debts 10 Be
An Fad in Tune.

CHICAGO. Ill, April 5.-The Globe
Savings Bank did not open its doors this
morning. Later the Chicago Title and
Trust Company was appointed receiver.
The capital stock of the bank is $500, 900.
A few days ago an assessment of so per
cent on its capital stock was made, and it
is supposed the tardy response on the
part of the stockho olders is the Gauss of tn G
failure.
Mr.. Churchill in an interview said !:
''The assessment was made by order of
the State Bank Examiner, who thought
that some of our assets were not very
good. He objected 10 items amounting
to $103, ,324 and ordered this amoun
charged up to profit and loss, and an as
sessment of 100000 made to cover the de-
hciency.
According to our last statement our as
sets are over $4,000 and our liabilities
about $640, COO and consist of our ca apital
stock OF $500, 900 paid in savings deposits,
$315, coo; checking deposits, $125, GOO.
There is no doubt of our ability to pay in
full, but it may take some time.
"The Globe safety deposit vaults which
were operated by the bank are OF affected
in any way by the suspension. The
Globe Savings Bank was organized in
1891, with Eastern capital, most OF it held
in Nashua. n. II. Charles w. Spalding
has been the president of the institution
since 1t started"
Cashier Churchill added: 'I do not see
how We can resume. Our loaus in round
numbers are $3.50, 600; about rs per cent
secured on real estate. $72, 900 in stocks
and bonds and $57 600 in realty foreclose
on. The deposits are about 100000. I do
not think the depositors will lose any
thing. We had 49, 600 cash on hand when
We closed Saturday"
President c. W. Shald1ne is trustee OF
Dartmouth College and holds 500 shares.
He came to the banks assistance with q
$25, 900 donation in the recent furry and
is prostrated by the failure. Most of the
Eastern stockholders are residents OF
Nashua and Manchester, N. H. The
Nashua Savings Bank holds zoo shares and
Keene's Five-cent Savings Bank OF Keene,
n. H, 100 shares.
The San Francisco call., 1897-04-06
AUGUST BELMoN1's VIsIE.
1t HtU Result sn Lncredsfn1 Racins
Harmony in the Hest.


Harmony in the Hest.
NEW YORK, N. Y, April 5.-August
Belmont of the Jockey Club. just re-
turned from his Western trip, said :
while in the West l had pleasant inter-
views with gentlemen connected in rae
ing, and, like myself. desirous that there
should be re-establishment OF the recipro-
cal relations between the governing turf
bodies OF the East and West 1t was
natural the object should be discussed,
but 1t was only III an informal manner.
II believe that an arrangement satisfac-
tory to all is a matter of but little time
anu of an exchange of sentiment. AS q
matter of fact there has been at no time
any straining OF relations between the
Jockey Club and the American Turf Con-
gress of the character generally assumed
that is, there has been no attack OF one
body upon the other.
81 am sure the Jockey Club in no ruling
it made sought to discrim nate against
the governing body in the West, and the
Jockey Club has been at all times free 10
concede that it had nc idea that the rules
adopted by the Turf Congress were any
other than, in the opinion OF that body,
expedient for the government or neces-
sary for racing in the territory in its juris-
diction."
The San Francisco call., 1897-04-06
BRYAN AEFo1E THE BAR.
WIH argue a Whisku Case tm the Sa-
prente Court.

WIH Argue Whisku Case ia the Sn-
prente Court.
WASHINGTON, D. C.. April 5.-Wil-
liam ]. Bryan was an attraction in the
Supreme Court OF the United States and
drew great crowds 20 the courtroom to-
day. He moved the admission TO the Su.
preme Court bar of P. c. Bell of Illinois,
Deputy mmissioners of Pensions,
whose services in the campaign in
Bryan's behalf caused much speculation
as to whethe, or not the President would
remove him for 'Dernicious activity. ;"
Bell is now retired.
Mr.. Brvar is engaged as counsel for the
State of Nebraska in the maximum freig ht
rate cases, which have beenon the docket
for several days. They present the ques-
ton of the power of the State to establish
schedules of rates to govern the railroads
in their dealings with the State.
At late our in the afternoon John L..
Webster, attorney for the appellant, be-
gan the opening argument, which was not
completed when the court rose at
O'Clock. Mr.. We bster will be followed to-
morrow by J. NJ. Woolworth OF Omaha
and James C. Carter of New York for the
railroads, leaving Attorney General Smith
and Mr.. Bryan TO close for the State on
Wednesday.
The San Francisco call., 1897-04-06
DECREE or FORECLOSURE.
Ruling at Boston on MORTGAGES of the
San Diego Town and Land
comDanY

BOSTON, Mass, April 5-A decree for
foreclosure of three quarters OF million
OF dollars worth of mortgages upon the
property of the, San Diego Town and
Land Company of California in favor OF
the Boston Safe Deposit and Trust Com.
pany was rendered in the United States
Circuit Court to-day by Judge Colt upon
bill OF equity brought by the Boston
company. This is a move toward reorgan.
ization OF the company. Charles ID.
Lanning, the present receiver, was ap-
pointed by the court receiver for mortgage
bondholGers in foreclosure proceedings.
The San Francisco call., 1897-04-06
NOMINATED By THE PRESIDENT
Batch of Appotsstments Sent to the Sem
nfe for nnrOruL

Batch of Appotsstnaents Sent to the Sem
ate for ppr0rdt.
WASHINGTON. d. c., April 5.-The
President to-day sent to the Senate the
following nominations:
A. E. Buck OF Georgia to be Minister to
Japan.
James Boyle of Ohio to be Consul at
Liverpool.
E. S. Day of Connecticut to be Consul at
Bradford England:
F. R. McCreery of Michigan to be Sec
retary of Legation in the Uity.of Mexico.
Drigadier-General Frank Wheaton to be
maior-general.
+. P. Flint of California to be United
States Attorney for the Southern District
of California.
Captain II. L. Howison to be commo-
dore.
Commander G. D. Sigsbee to be captain.