The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-30


opinion reverses that decree. He says there
is no debut that the boom violates the
provision of the river and harbor act OF
1880. under which IL was constructed. be-
cause not allowing free passage OF
boats between the boom and the opposite
shore as provided in the State laws. The
case Is considered important as a pre-
cedent
Two decisions were handed down by Jus
tice Harlan I'm cases involving the right OF
creditors whose debts are CONTRACTED In
connection with the conduct Of insoivent
roads to preference over mortgages hold
ers. The Richmond x Danville Railway
Company, whose property subse-
quently absorbed by the Southern Railway,
while insovent. bought of the Carnegie
Company steel rails within year prior TO
the appointment OF a receiver OF the Dam
vile company. The Carnegie Company as
serted that this condition OF affairs gave
IL an equitable lien and a preference over
mortgage creditors. because the indebted
ness was really part of its running
expenses. The United States Circuit
Court of Appeals accepted this view OF the
case and Justice Harlan's opinion affirms
the decree.
In the case OF the Lackawanna Iron and
Coal Company VS.. the Farmers Loan and
Trust Company, an opposite conclusion was
reached. the contention of the Lacka-
wana company being sustained because
the contract contained no promise to pay
out of any particular fund and several
years had elapsed between creation of the
and for other reasons not bringing IL with
In the rule laid down in the Carnegie case.
The protest against Senator Scott, OF
West Virginia. occupying his seat in the
Senate probably will be decided soon by
the Senate committee on privileges and
elections in favor of Senator Scott The
committee decided to-day not to take any
more testimony in the case because of its
opposition TO going behind the action OF
State IRR1ElQf1lra Of
seating its members
Mr. Clayton, of Alabama, to-day intro
duced the following resolution In the
House:
Resolved. That on July 4. 1900. the mill
tary and naval forces of the United States
be withdrawn from the island OF Cuba
and that the governemnt thereof be left
TO the Cuban people.
Resolved, further, That the President OF
the United States be. and he hereby Is,
directeu to make proclamation OF this res
olution and all proper orders for the ex-
ecution thereof"
The secretary Of the navy received the
following cablegram to-day from Admiral
Schley, commanding the South Atlantic
squadron:
"PURTO ENSENADA. Jan. 2S.-Bubonic
plague is officially reported TO be epidemic
in Rosario, a distance OF 100 miles. Squad
ron sails for Montevideo"
statement by s. c. T. Dodd. solicitor
Of the Standard Oil Company. concerning
dividends of that company from 1852 to the
present year. has been made public by the
industrial commission. 1t shows that the
companys dividends have varied So per
cent per annum in 1852 to 80 per cent. in
1897. -
The Postofice Department officials say,
they have no intention at present of is
suing circulars warning the public against
green goods men. 1t is possible that such
circulars may be prepared for display in
postoffices. Nor is there any present in
tention Of asking Congress TO repeal the
law making the receiver of green goods
equally liable with the person selling
such articles. -
Quartermaster General Luddington has
received a telegram from Agent Massey at
Havana in regard to the work of collect
ing the remains of American soldiers who
have died in Cuba since the Spanish war.
with a view to their transportation to the
United States for reinterment. He says the
work is finished in the province OF Pinar
del Rio, Havana and Matanzas. and that
there are 129 bodies at Trisconia and nine
at Matanzas. Burial parties are now work.
ing on the north coast and also on the
south coast from Cienfuegos.
Representative Briggs. of New York. to-
day introduced bill giving the thanks OF
Congress and a gold medal to Helen Miller
Gould for patriotic service during the war
with Spain.
President Mckinley is fifty-seven years
old to-day. having been born at Niles.
Trumbull county, Ohio. Jan. %. 1s43 He
received many congratulations from Wis
itors and a large number of cablegrams
and kilograms felicitating him upon the
occasion. Many floral remembrances were
sent him.
The Forbes apparatus for sterilizing
water for drinking purposes, as developed
by the United States War Department. has
been adopted for the use of the British
army in the present African campaign.
One hundred sets or apparatus have al
ready been shipped. Use is also being
made by that government of another in
vention developed by our late war in the
sSaPs Of ~ ten
the use Of the medical department.
Surgeon General Sternberg has compiled
some figures as a basis of mortality cali
culations in the Spanish-American war
which, incidentally, developed the Interest,"
ing fact that the mobilization of the army
during the Spanish-American wa was ac-
complished In only fraction OF the tire
required TO assemble az equivalent number
OF troops at the outbreak OF the civil was.
n May 1861, the main strength OF the
Union army was is. 161 and In one month 10
had increased to only $50 In the first
month of the Spanish-American war tho
United States army, starting at about
26.000 had increased before the close OF
the month to 202 526. This is regarded a
remarkable feat OF military organization.
far surprising the best results obtained
b. THE British government.
Mr.. Kasson, the special plinipotentiary
charged with the negotiation of reciprocity
treaties. returned to-day from Florida.
completely recovered from severe attack
ton of the efforts OF the friends OF the
pending French reciprocity treaty. to Sc
cure its ratification by t.le Senate.
The secretary of state is in receipt of
a telegram from United States consul Kin
drick. at Juarez, Mexico. reporting that
six Americans have been SHOT Their
names are: Don Cusack. Jack Eldridge.
George Lunt Charles Burns, Lou Webster
and Henry Williams. Ii is said they were
shot by order OF General Torres. near
Guaymas, on the ground that they were
not yet been able TO confirm this report.
but the secretary Of state has suitably
instructed our ambassador I'm relation TO
the alleged shooting. and has also in
structed Consul kindrick 10 ascertain and
report to the ambassador all particulars.
The term of Lord Pauncefote. the British
ambassador 10 this capitol. will expire I'm
April Some time ago, I'm view OF his long
and honorable career here. the ambassa-
doris fen,.re was extended until Anrfl ana