Pittsburg dispatch. (Pittsburg [Pa.]) 1880-1923, March 25, 1891, Image 1
- -- .. . .... nim i II ji-rawTPiTr ii. "iii'iiimi i 'y i'i iTTivn'ininHii I ' iHU I . i 1 1 WtBri'37fl'7Liyfl7J.'mT THIS IS THE SEASON TO SELL AD BEST HOUSES. BUYERS AND RENTER LOOK FOE, BARGAINS IN THE EVERY MOBSBG DISFATCH. FORTY-SIXTH AH the Expected Curative Legislation Is to Be Placed in Operation. DETAILS OF THE SCHEME By Which It Is Proposed to Collect for the Street Improve ments Finished and COMPLETE THE WORK UNDER WAY. The Common Pleas Tribunal to Assess Damages and Benefits, the City Tajing Balances and Costs. FIXIXG WEAK TLACES IX TDE CHARTER. AH'ctica Orren and Bcmtiies Atkel for ill ef the DtlctLciu Etctatly Foisted Out by the Esjrtne Ccatt. THE AKGDKEKTS Or KOEELASD ZND E0DOERS SrUOM A STAFF COBBESPOJTPEWT.l Hakrisbusg, March 24. The Pittsburg Etreet bills were introduced to-day by Sena Tor JTlinn, and at once referred to the Judi ciarv General Committee. At 3 o'clock the committee met, when the bills were dis cussed by City Attorney W. C Moreland. Mr. Moreland said that the recent decisions of the Supreme Court had completely wiped out the laws under which cities of the sec ond class had conducted their street im provements, and that it was necessary to be gin anew. The legislation they asked for was of three kinds, curative, generalaud supplementary. T le curative legislation consisted of two bills, one relative to the grading, paving, macadamizing, and the other to the open ing, widening and lengthening of streets. t mere lor the purpose of providing a it reassessment and collection of joney due for improvements made .uder the laws declared unconstitutional. lla-i- of the Cnratne Legislation. "2 This cur.itie legislation was based upon the Supreme Court's decision in the case of Black versus the City of Chester. The act of 1S87, niacins seven classes of cities, had been decided unconstitutional, leaving Chester in a condition similar to that in Pittsburc at present. In 1SS9 the Legislature passed a curative law, under which a case was appealed to tlie Supreme Court, and that body affirmed" its validity. These bills were within the letter and spirit of thc-s laws and decisions, and were general, applying to all cities v hich might be directly or indirectly inter ested. The third was a law to provide a method bj which future improvements could be made. It was a general one for cities of the second class, and provided lor viewers, opened the doors of the courts to all, and threw a safeguard around the property hold ers by providing for the advertisement of every step taken. Meeting tho Court's Objections. "" The Supreme Court decision had been based on two main points no concert of ac tion between the city and the property hold ers, and the wresting from the courts of their proper powers and prerogatives and vesting them in a subordinate tribunal. This bill removes these difficulties. The fourth was a municipal lien law. The Supreme Court had decided that liens rela ting to a particular class of cities were un constitutional. It is essential that there be power to enforce these liens, aud for this j u'-pose this general bill is introduced. The fifth bill is supplementary to the city charter. In "Whitney's appeal the Supreme ourt bad decided that all that nas neces-h-iry was that the charter should specifically umerate the powers conferred upon the nous departments, which the bill did. 'i wo other departments were created, the Su l i cms Court having decided that the Coun c could not do this, it being a legislative " nction. Mr. Moreland made a very clear refutation of the matter, concisely answer i: l' nil interrogatories and meeting all ob jections. Kodgers Adds an Explanation. He was followed by "W. B. Eodgers, ex i tv Solicitor of Allegheny, who thoroughly ci plained ihe situation and the legislation necessary. The curative bill to reassess and tollcct the amounts due for grading, paving, etc , provide that whenever any citv, bor ough, township, or other municipal di- ision of the State has by act, ordinance, or n solution authorized the grading, paving, macadamizing, or otherwise improving of an v street or alley, or the construction ot a v sewer, and work has been done, ma tt als furnished, or private property taken, j i ured, or destroyed, and the acts of As ' tubly under which this was done have i i declared unconstitutional, or are so dc-t-fi ve as to invalidate the mode of assess-B-i i upon property benefited to pay the - v, expenses and damages, authority sr ! !e given lor their levy, assessment and colict .on in the manner following: I ithir party, the city or persons interested, ma at jii; time after the worK has been done present a ppution to tne Conrt of Common I'leas betting forth the improvement, the costs, rxpen6es and damages, and the fact that they hai e cot been paid, and asking forthe appoint ment of three freeholders to ascertain and de termine them ana to 1 airly auil Ratably Assess the Same i pou the prupertj benented. At least 10 days' t jtice to all interested shall be given by order o the court of the daj ot heanng, byadver t ement in two newspapers and by hand bills ai ng the line of the proposed improvement, at ch time, unless cood objection is made thereto, three viewers shall he appointed, any to of whom shall have power to act, who shall also give not less than 10 days' notice in the same manner of the time when they nu hear all parties In Interest. After tiie heanng and inspection of tho improvement r shall fix the damages to such property fnr Biicb opening, widcmnc. straighten i and extending, takirg into consideration tjc peculiar benefit, and after ascertaining the totn damages shall fairly and ratably assess the same upon the properties benefited, but not in any case to exceed the benefit pecu liarly resulting from such Improvement. If property peculiarly benehtea to the full 111 lUI. MUUK1 I 1 1 J I U I V ren shall find the excess of damages. ty not within the watershed of such sewer, ununuuiu JLU VVHAXit congresses, furnished to him Dy tne cierc oi j. avaa xxw u - inuiuuiin; rlllliTOU' Ul U IUI lUI I II M M n r IUI T 1 IN I nf llrril 'III 111 ! Ibeviewers shall make full report, setting 0nBr lh ',. M.d. the Committee on Appropriations, showing 'f&s'LIIW liWl I Vlfl III IV I U I 1 1 tJUllLlllL. I amount of the damages cannot be found, the viewers shall find the excess of damages. Ihe viewers shall make full report, setting forth the damages and benefits in each case the names of the owners of each parcel of property, and what amount of damages are not assessed upon property peculiarly benefited thereby. Ten days' notice of the time ot filing this re port shall be given, tho report to remain mean while for inspection or exception at a place to be designated in the notice. An Opportunity to File Exceptions. When filed it shall be approved nisi and 20 days given for the filing of exceptions. If none are filed it shall be approved absolutely, but if any aro filed the conrt shall speedily hear the same, and may confirm, set aside, change or modify the report, or refer it back to the same or another Board of Viewers, as may seem proper. Within 30 days after the final con firmation, or the nxine of damages, any person Interested may appeal, and on said appeal the amount of such damaces shall at tho demand of either party be determined by a jury accord ing to the course of the common law. Ail costs of these proceedings, and any excess of damages, abore the benefits, shall be paid out of the municipal treasury. , When the court has finally confirmed the report, or fixed the amounts of assessments, the benefits thus ascertained shall be due and pay able to the treasurer within 30 days, and if not paid nithin that time shall then bear interest and bo delivered to the City Solicitor or attor ney 10 oe collected Dy action ot assumpsit or other due process of law. This act shall cover the ascertaining, levying and collection of the costs, expenses and damages of all improve ments completed within two years preceding its annroval. or now in process of comnletion. and power is given to complete such improve- uienis now in process oi completion, ana wnen finished to assess and collect for the same. In cases of appeal, should the appellants recover less damages than had been awarded, the court may then order and compel the municipal authorities to repay to the property owners assessed for benefits so much of tbeir assessments as were made by reason of said excess of damages. The Other Cnratlve Measure. The second curative hill is entitled "an act authorizing the ascertainment of damages in opening, widening, straightening nd ex tending of streets and alleys in cases where the local authorities have entered upon private property or filed bonds under un constitutional or invalid laws, and provid ing lor the ascertainment, levy and collec tion of benefits therefor." It provides that when an act or acts of Assembly under which a city, borough or township or other municipal division of this State has entered upon private property for the purpose of opening, widening, straightening and ex tending any street or alley, is declared un constitutional or is so defective as to invali date the mode of assessment of damages for private property taken and for benefits peculiarly accruing therefrom or either as contemplated by said acts, then the said municipality is authorized to assess and col lect the benefits in manner as follows: The municipality or interested person may any time within six months from the approval of this act petition the Court or Common Pleas to appoint three disinterested freeholders to assess damages. These viewers shall be ap pointed in the same manner as on the preced ing bill, and have the same powers and proceed in a similar way as to notice of their meeting, bearings and report. Exceptions may be filed and appeals taken as on the former case. When the conrt has made its final decree confirming the report or fixing the assessment where ex ceptions have been filed, the report or decree shall be placed in the hands of the city solicitor or attorney, who shall collect the same and pay over to the parties damaged all assessment! bearing interest 30 days after said final decree. Proceedings shall include the assessment of damages and the levy and collection of all benefits on streets or alleys, the act or ordi nance for which was passed within two years prior to the approval ot this act. Provision for Jfatnre Improvements. All other provisions are similar to those of the first bill. The bill providing for future improvement! is entitled, ''An act relating to streets and sewers in cities of the second class, providing for the making of public improvements and the assessment, collection and paymentof the costs, damages and expenses theieof.'.' -The Councils are authorized, after passing an ordinance or joint resolution fixing the locatioj, breadth or length, and after all damages for private property taken, injured or destroyed shall be paid or secured, to lay out and open streets and alleys, to widen, straighten, alter, improve or extend or vacate any street or alley now or hereafter laid out; to grade, re grade, pave, repave, curb, recurb, macada mize or otherwise improve the same, to establish or re-establish all grades, and to cause sewers and drains to be constructed in any street or alley or through private prop erty. Xo ordinance for the grading, paving, curbing or macadamizing shall be passed except upon the petition of a majority in interest along the line of the proposed im provement, duly verified by the affidavit of a credible person that the petitioners are the owners of a majority in interest, and no work shall be begun until 60 days after the approval of the ordinance, dnring which time any person interested may present a petition to court praying for an inquiry whether said petition to Councils had the requisite number of signers, the decision of the court to be final and conclusive. DIflerence From the Former Act. This provision differs from the act of 1889 in requiring the petition of a majority in in terest instead of the owners of one-third of the property fronting or abutting on the street to be improved, and in allowing 60 days for objections to the sufficiency of the signers. Within 30 days alter the approval of the ordinance notice of the proposed im provement shall be served on all property holders affected personally, or by leaving a copy with an adult member of the family at his residence, or if he be not known, by notice posted on the premises. Notice shall also be made in two or more daily newspapers once a 'week for three weeks, and by hand bills posted along the line of the proposed improvements. After this notice has been given all persons fail ing to present or join in such petition to court shall thereafter be precluded from disputing the fact of a majority in in terest having properly signed the petition to Councils. At the expiration of 60 days, where no petition has been presented, 'or where the Court has considered it and ad judged the petition to Councils properly signed by the requisite number in interest, Councils may proceed on the improvements. If the Court has decided that the petition was not properly signed, the or dinance becomes null and void. This section is entirely new. When the im provements have been completed, the city, or any person interested, may petition the Court of Common Pleas for the appointment of three disinterested view ers to determine the costs and expenses, and to fairly and ratably assess them upon the property benefited and make report to the Court. " The Appointment of the Viewers. These viewers shall be appointed in the same manner, and after the same notice given, as are the viewers in the two bills given above. Theis. duties are practically the same, and their reports shall be acted upon in the same manner. Under the act of 1S89 there was a permanent Board of Viewers. This bill provides for the ap pointment of three viewers in every case where a petition is presented, and if everv property holder along the street petitioned, the Court might appoint a different board in each case, although it is probable that where the petitions all referred to the same improvement aud set forth the same facts, but one board would be appointed. (. Where the city was the petitioner.no action would likely be taken until the work was finished, in which case one board wonld be all that was necessary. The compensation of the viewers is fixed at 55 per day. These viewers shall visit the improvement and per sonally inspect the same and also all proper ties near supposed to be damaged or bene fited thereby. After a full inspection and hearing they shall ascertain and determine the total costs and expenses in cases of grading, paving, curbing or inacadamizinir, and the total damages and expenses in cases of-construction of sewers, and shall fairly and ratably assess the same on tie proper-, ties benefited, but not in any case to exceed the benefit peculiarly resulting from snch improvement, nor in case of sewer shall any -fc1f -a-ir-Y Oir n at V DO YOU WANT A SITU A I IUN7 -M PITTSBURG, assessments of benefits be made in proper ty not within the watershed of such sewer. One of the Changes Made. If property peculiarly benefited to the full amount of the costs, expenses and damages cannot be found, they shall find the excess of costs, damages and expenses. Under the old law the Department of Pnblio Works furnished a statement of the cost and ex pense of improvement to the Board of View ers, who thereupon, after having given five, days' notice by handbills, proceeded to as certain the costs, expense and damages and assess the amount upon the property "bene fited. Upon their report beingapproved by Coun cils, notice was given for three days in the newspapers anthonzed to do the city print ing, and their action was final and conclu sive, unless within ten days persons inter ested petitioned the Court of Common Pleas setting forth their objections, whereupon the Court had powers similar to those given in this present bill. The costs, damages and expenses incurred or likely fo be incurred by reason of the opening, widening, straightening or extend ing of any street or alley shall be ascer tained, assessed and paid in the same man ner as in the case of sewers, and the peti tion for viewers may be presented by the city or any party interested. In case of no appeal to the Supreme Court, the report of the viewers, or the assessments as fixed by the conrt where exceptions have been filed and determined, shall be certified by the Prothonotary to the City Solicitor to collect the assessments and pay the damages. The Provisions for Collection. He shall give three weeks' notice in two daily papers that if they are not paid within 30 days he will proceed" to collect the same ' and pay the damatres to the parties entitled thereto. Under the act of 1889, the proceed ings were similar to those given above in tne case of improvements for grading, pav ing, etc. All damages sustained by the es tablishment or re-establishment of the grade of a street or alley shall be paid by the city, and in case of a failure to agree with the persons damaged, such damages shall be as certained and assessed as in the case of sewers. No street or alley shall be vacated unless upon petition signed by a majority of the owners of property in interest fronting or abutting thereon, verified by affidavit, and the proceedings shall be the same as in the case of the grading or paving or macada mizing of a street, which has been given above, and the costs, expenses and damages shall be ascertained, assessed, coHected and paid as in the case of the opening, widen ing, straightening or extending of streets and alleys. Under the law of 1889 the peti tion of the owners of one-half the property in interest was required. The Councils may direct by ordinance the construction of boardwalks on any unpaved street or alley, and may require the owners of property abutting on any streets directed to be graded or paved, to pave the foot or sidewalk, and upon their failure to do so within 30 days, the Chief of the Department of Public Works may cause the same to be done, the costs and expenses therefore to be by him certified to the City Solicitor, who shall collect the same with interest. One Week's Notice of an Ordinance. When the sidewalk shall have been laid at the time ot the paving and curbing of a street, aud forms a part of the improve ment, the cost and expenses shall be assessed and collected as part of the total amount. !Ko ordinance for any improvement shall be finally acted upon by both branches of Councils until at least one week after its presentation and publication. No street or alley shall be entered upon, over or under, used or occupied by any person or corpora tion for any purpose without the authority of Councils, and when granted, the Coun cils shall have authority to impose such reasonable regulations with regard to public convenience and safety as they shall deem necessary. To carry ont the purposes of this act, Ihe power of eminent domain is conferred upon cities of the secondjdass. The bill 31, creating and regulating municipal liens, provides that whenever heretofore or hereafter a final assessment shall have been made for the costs, damages, and expenses of grading, paving, macadam izing or otherwise improving any street, lane, or alley, or parts thereof, or the con struction of any sewer or the opening, widening, straightening, extending or lay ing out of any street, lane or alley, or parts thereof, or the construction or laying of any boardwalks or sidewalks, the assessment shall be a lien npon the property assessed from the date of the final confirmation of the viewers' report, or tne decree of the court, where exceptions to the report have been filed and determined, and if filed in the office of the Piothonotary within six months after the final assessment shall remain a lieu until fully paid and satisfied. Manner of Dealing With Delinquents. This lien when filed shall he proceeded upon for collection by writ of scire facias, returnable to the monthly or other return day, and shall be served upon the owner or reputed owner of the property personally or by leaving a copy with an adult member of his family at least ten days before the return day. " If he cannot be found, or has no dwelling in the county, the Sheriff shall return the writ nihil, whereupon an alias sire facias may issue, to be served by notice posted upon the premises, which posting shall be equivalent to service. If no appearance is entered to the writ. judgment shall be entered for the debt. interest ana cost ot tne lien, out ii entered the case shall be proceeded with in accord ance with law. When final judgment is entered, a writ ot levari facias may issue, upon which the sheriff shall sell the prop erty, after advertisement in at least two newspapers for three weeks before the re turn day, the proceeds to be distributed in accordance with law. Any person aggrieved by any final judgment on any lien, may have a writ of error to the Supreme Court, which must be sued out within one year from the entry of such judgment. Patching tJp the City Charter. The bill to amend the city charter, after a formal enumeration of the'duties ot the de partments of Public Safety. Public Works and Charities, provides that there shall be two additional executive departments, to be called Department of Awards and Depart ment of Libraries, the heads of which shall be chosen by City Councils. The Depart ment of Awards is given the awarding of contracts and for supplies in all city depart ments, subject to the approval of both branches oi City Councils, and the members thereof shall be chosen by City Councils. The Department of Libraries is given complete control of all public libraries and the buildings, houses grounds, goods and chattels connected therewith or appertain ing thereto. The Councils shall by ordi nance provide for the carrying into effect of this act by the election of the heads of de partments, whose term chill be for four years, and all public officers chosen by Conncils or any committee thereof shall hold office for the same term of four years. Councils shall fix salaries, the number and grade of assistants, superintendents, em ployes, clerks and their salaries. Provided that the section shall not apply to any head of department or officer until the end of his term. Issuing Certificates ot Indebtedness. The twenty-fourth section of the act for the government of second-class cities, relat ing to the increase of indebtedness, is amended to provide that any city may, with out a vote of the qualified electors, issue certificates or evidences of indebtedness for work done or materials furnished for and on account of grading, paving or macadam izing roads, streets or alleys, and the con struction of sewers, heretofore or hereafter made, with the authority of the munici pality, which certificates shall be issued tor a period not exceeding three years, and shall bear legal interest and be negotiable. They may be cancelled by the city at any time on ten days' notice and the payment of Continued on Seienth Page, WEDNESDAY, MARCH 25, 1891 TWELVE PAGES. THREE OJSHTH. 1 CARNEGIE IS COMING Early in April to Revive Interest in the Library Building. HE THIKKS IT HOW HIGH TIME That Active and Earnest Steps Should Be Taken in the Matter. K0T ERKCTIKG ANT DWELLING HOUSES rFPKCIAl, TELEGRAM TO THE DiarjLTCtl.l , New Yoek, March 24. Mr. Andrew Carnegie was seen to-day in reference to the rumor that he was about to erect a quan tity of buildings in Pittsburg for renting purposes. He said it is not his intention to erect any tenements in Pittsburg or any where else at present. "You can say," said he, with a smile, "that Carnegie, the iron man, has no extra cash lying around with which to build ten ements, and has no interest in such edi fices there or elsewhere. There is one building I should like to see erected in Pittsburg, and I shall go to Pittsburg as soon after the first of the month as possible to see if the people of that city will not co operate with me in the effort to get it started. I mean, of course, the Music Hall and Library. I want to see that building started before long and hope to revive enough interest in the project to accomplish my purpose. I will do my share if the people of Pittsburg will do theirs. "No steps have been taken in the matter for some months and I think the time has come for decisive action on the part of the people who believe Pittsburg should have such an institution worthy of her greatness. I think the new Music Hall here in New York is just-what Pittsburg needs, and I should like the people of that city who visit New York to go and see it The building is not open to the public, but 1 have given orders that visitors from Pittsburg be ad mitted upon application. I hope that the people of Pittsburg will awake to the im portance of having such a building, and my visit next month will be mainly for the purpose of arousing public sentiment in fa vor of inaugurating the work of building it You may state for me that that is the only sort of proposed building I am at all interested in." O'MALLEYINTHE TOILS. 5ZHSATI05AL DEVEL0PMEHTS EXPECTED IN THE BEIBEBY CASE. The Grand Jury Hearing Damaging Testi mony Against the Detective Threats and Attempts to Spirit Witnesses Away The State's Advantage In Foiling Intimi dation. New Orleans, March 24. The grand jury held another long session to-day, and from the witnesses examined it is evident that the body is getting into the bribery business. The coming sensation will doubt less be the indictment of a prominent party; not heretofore mentioned in connection with the case. As telegraphed last hlght, O'Malley was indicted yesterday for being an accessory be fore the fact of attempting to bribe jurors. McChrystal) his accomplice, has told his master's part in the transactions in which the prisoner figured. Detective Collins has told the secrets of O'Malley's office; another city detective kept constant watch of O'Mal ley's office and reported who entered, and O'Malley's doings have evidently been shad owed. Many of the witnesses of the last few days have been surprised to find themselves called.acd protested that they knew nothing until they got into the jury room. The sys tem of espionage extended to the witnesses for the State. Some of them were threatened, and the State also learned of efforts to spirit some away. The State has the advantage of knowing the relative importance of its witnesses, while the defense merely gnessed at their knowledge. The methods of the de fense were well known and thwarted at many steps, although the skill of O'Malley and his henchmen proved eminently success ful, so far as the jurors were concerned. O'Malley has not yet been brought back, although a capias has been issued, and it is not likely that he will be really sought for until the Grand Jury is through with the investigation. SLAVEEY IS HEW YOEK. A Little Girl Kept in Bondage by the Con sul General of Pern. rSFEClAI. TXLEOB.OX TO THE DISPATCIT.1 New Yoke, March 24. A stout little girl of about 14 years, with swarthy skin and big, seal-brown eyes, came before Jus tice Divver in the Harlem Police Court this morning and told a remarkable story. She had been a slave in the family of Juan Quintans, Peru's Consul General here, for the last three years, she said. She was bought by the Consul General, several of her friends asserted, about three years ago, in Lima, Peru, for ?500, and was brought to New York by him. She complained that she had led a most wretched life all this time, having been beaten repeatedly by Mrs. Quintana for petty offenses. Her troubles cnlminated Monday evening, when the child bore the marks of severe treatment. Her name, she said, was Maria Feborsia. Maria was given into the permanent care of Mr. Gerry's society, and the case went over until to-morrow morning for further in vestigation. HOT ACCEPTABLE TO MCAEAGUA. The Sherman Canal Bill Thonght to Be Con trary to Treaty. Panama, March 24. Respecting the Nicaraguan Interoceauic Canal the Opin ion National, of Leon, the largest 'city in the Republic, contained an article Febru ary 14, from which the following extracts are made: The ;blll (presented in the Senate of the United States by Senator Sherman contains conditions which we Delieve cannot be ac cepted by Nicaragua, since they are contra dictory to rights ceded in the Cardenas St enocal canal contract nf April 24, 1887, and restrict the action of the Republic. The bill mentioned impliedly, at least, accepts the Zeledon Menocal contract, the validity of which has been energet ically rejected by Nicaragua, and recognized by the Congress of the United States on Febru ary 10, 1RSB. It has already been said, but it is as well to repeat, that the legal existence In com pany of these two contracts is impossible, and, based on this fact, the Government of Nic aragua has issued protests and rejected the Zeledon Menocal contract on varions occas ions, and refuses to permit It being observed by the company. THAT BILLION VOTED AWAY. Representative Dockery Gives a Statement of the Appropriations of Congress. St. Louis, March 24. The Republic has received from Congressman Dockery. of this State, a comparative list of the appropria -w-v - -i -v s-a r TT f 4 inn a w.n 1 il . Tn r r I I, . rt TTTAw n T "ifTtT fTIT - TT. 1 1" IT1F t TH O I ti . II II m .a I M t I PI s f ' A Lft b'f A I LT IV.' M ' .in Byut jiuueuuuu jimj-m.. nil 'II I'll II IV MHMMIUV tiV NRtRlll I'l'IIIHfll 4 tions made by the Fiftieth and Fifty-first Congresses, furnished to him by the clerk of the Committee on Appropriations, showing a total of 51,008,873,129 55 appropriated by the last Congress, as against $817,969, 859 80 voted by the preceding Congress. Mr. Dockery calls attention to the fact that the statement made by Chairman Can non, of the Appropriation Committee, and telegraphed to the country about a week ago, shows a total of 20,464,000 less than the above list, which he accounts for by say ing that Mr. Cannon did not include in his statement $2,236,000 for back pay and bounty to soldiers (as estimated by Secre tary Windom), $3,000,000 for sugar bounty and $15,227,000, the amount carried by the direct tax bill. ... : -... i ir w Vjv in ii ORDER OF CO-OPERATION. AEGUMENT HEARD TOE THE APPOINT MENT OF A RECEIVER. Throe Hundred Members Who Wanted Their Interests Protected Tho Ques tion or Responsibility Is Yet to Be De cided in Philadelphia. KrXCIAI. TELEGRAM TO TO DISPATCH. t Philadelphia, March 24. Argument in the case ot the application of the Pitts burg branch of Universal Order of Co-operation took place to-day before Judge But ler, in the United States Circuit Court. It was the application made for the appoint ment of a receiver for the entire order in the United States. Peter Boyd, counsel of the complainants, stated the point on which the motion was based. He said that he represented over 300 members, who desired to have their in terests protected. It was a matter which was far-reaching in its results, as the shoe maker, the tailor and the small merchant and mechanic had money invested in the concern. Mr. Boyd thought there must be a general collapse. The order had received over $250,000 and money was coming in right along. The plan was that a member who would pay in $30 and get two other members to join would, at the end of four months, re ceive $100. If he did not succeed in getting two other members he was fined $30. But ifhe com plied with the rules, at the end of four months, he still received $70. Thus it was seen vthat if a man became a certificate holder and got two other members, there was $90 received, while each of the members was to get $100. How this, in the end, could result in anything but a collapse Mr. Boyd could not see. Mr. Heverin said that his clients wished to do nothing contrary to law, and would be pleased to have the Court pass upon the matters in dispute. As soon as the proceed ings had been begun, counsel had advised the officers of the order to stop doing business until it was ascer tained what the Court would direct. Money, however, still coming in all the time and of course they were holding onto that. Counsel would like the Judge to take the matter into consideration and to decide whether the wheels of the Association's ma chinery were stopped. The Judge said that he was informed that nothing had been done further than the filing of the bill and the entering of the ap pearance of Messrs.fHeverin and Shakes peare for the defendants. He said farther that an answer should be put in so that all the facts would be before the Court, and then the question whether a receiver should be appointed could be passed upon. MUST SUPPORT HERSELF. a-,'..,. -..' ... . a p untcast jniia bnes uer A-ainer in vain for Her Maintenance. St. Louis, March 24. The Court of Appeals to-day handed down an interesting decision. Frieda Hnke, who will shortly attain her majority, and who has taken to the stage chorus as a means of support since her father, William Huke, thrust her out of doors, sued her father in the Circuit Court to compel him to maintain her. The parent's demurrer to her petition was sustained, and she appealed to the Court of Appeals. Judge Thompson writes the opin ion, and holds that the child has no action against her father for maintenance. He says that by the common law of England a father is not bound to support his iniant child, in the sense that the obligation has any legal sanction. BRIBERY CHARGES NOT SUSTAINED. Tho California Assembly Adopts the Minor ity Report ot the Committee. Sacbamento, March 24. The Assembly to-day, by a vote of 40 to 21, 28 members be ing absent, adopted the minority report of the committee appointed to investigate the charges of accepting bribes for appoint ments to the San Francisco police force, which charges were made against Assembly men Edwards and Bruner, of Sacramento. The report which exonerates Bruner, was concurred in by all, except the Democratic members and five Republican members, in cluding Bledsoe, chairman of the investi gating committee. The majority report, finding Bruner guilty, having been pub lished by newspapers, was not read or printed in the journal. BOTH WERE SUICIDES. The Coroner Benders a Verdict in the Cin cinnati Students' Case. Cincinnati, March 24. The Coroner has just announced to-day his opinion in the case of Sallinger and Fravcnthal, the two students of the Hebrew Union College, who were found in their rooms March 4, one dead, the-other dying. His judgment is that it was an unmistak able case of suicide on the part of both. He made a painstaking investigation on ac count of a theory advanced that one of the young men killed the other and then shot himself. CAPTAIN COUCH TO BE AVENGED. His Slayer Found Guilty of Murder In the First Degree. Wichita, Kan., March 24. The trial of J. C. Adams, charged with the murder of Captain Couch, the noted "Oklahoma boomer," was concluded to-day, the jury bringing in a verdict of murder in the first degree. Sentence was reserved. The killing of Captain Couch occurred at Oklahoma City last fall. J. C. Adams contested tne Captain's claim to a portion of land, and during the dispute over it Adams killed Couch with a shot from a Winchester rifle. NEW YORK'S GOLDEN OPPORTUNITY. The Grant Monument May Be Helped Ont by the Direct Tax. New Yoek, March 24. The Executive Committee of the Grant Monument Asso ciation held a meeting this afternoon and passed resolntions asking the Legislature to appropriate $500,000 of the State direct tax, recently refunded by the United States, lor the purpose of erecting the monument to General Grant at Riverside Park. A committee to advance the plan will be sent to Albany. Lillian Russell Mnst Pay Pp. New Yoek, March 24. Judgment for $2,250 was entered at the County Clerk's office to-day against Lillian Eujsell, in favor of James C. DufL Palmed Off on the Public as Those of t'je Great Talleyrand FOR SOME POLITICAL PURPOSE. Smallpox Breaks Ont Near Queen Victoria's Country Resort. PARNELL K0W WA1TIXG UPON DBALI mr mrxLAT's cable coaPAirr.i Pabis, March 24. The sensation of the hour here is the attack-on the authenticity of the alleged memoirs of Charles Maurice deTalleyrand-Perigord.PrinceofBenevento, by M. Aulard, Professor of French Revo lutionary history. Prof. Aulard believes that the greater portion of the memoirs as published are apochryphal, and bis belief is indorsed by some of the best literary judges in France. He points out that the 'few chapters in which the light, eighteenth cen tury touch of Talleyrand constantly re curs, differ entirely in style, train of thought, spirit and mental physiognomy from six-sevenths of the rest of the work. Besides this the memoirs abound in glar ing errors that Talleyrand could not possibly have committed. Thus the great Carnot is referred to almost with contempt and it is stated he underwent penal servitude at Cay enne. As a matter of fact he was neither there nor at any other penal colony in his life. What seems to be really the work of Talleyrand is the portrait of Philippe Egalite, seven pages of which the editor says is lost. In the opinion of the learned professor the apochryphal chapters are the wort of M. de Racourt, one of Talleyrand's ex ecutors, and that the" seven pages lost were destroyed for political reasons. The Dnc de Broglie, ou being asked where the original MSS. was, returned a confused answer and doesn't remember that he ever possessed or saw it. Again, asks M. Aulard, if the real memoirs were the flat, colorless affair the present volumes turn out to be, why should Talleyrand have enjoined his heirs to publish them before 1864, aud when that year came why was publication post poned for 26 years longer? M. Aulard de clares that only a sight of the original will convince him that the present issue is genuine. RIOTERS ON TRIAL. O'Brien, Dalton and Others, of Tipperary Fame, Before the Conrt at Cork. Cobk, March 24. The trial of Michael O'Brien, Dalton and the other persons who are charged with rioting at the time of the trial at Tipperarv of Messrs. John Dillon and William O'Brien and a number of others, opened in this city to-day. Besides the charge of rioting made against them, the accused are also charged with having as saulted Colonel Caddell, who was in com mand of the police at Tipperary at the time of the trial. 'The transfer yesterday of Dil lon and O'Brien from the Gal way jail to the jail hera is believed to have been connected with this case, as both these gentlemen will be called upon to give evidence in the pend ing trial, the rioting having occurred prior to their departure irom Ireland during the progress of the conspiracy trial. Among the other witnesses summoned is John Morley, who was present at the time of the trouble, and who would have been badly injnred by constable who aimed a blow with his baton at him. had not the blow been warded oS by John Connor. Al fred Illingworth, another English member of Parliament will also testify. Mr. Carson, in stating the case for the Crown, argued that the riot was a preconceived- one and that it had been got up for political pur poses. He declared that the presence of Mr. Morley at the time of the riot was due to party aims. A NEW POSTAL SCHEME. Tho English Postmaster General Proposes n Messenger and Telephone Service. London, March 24. Postmaster General Raikes, In speaking of his recent action in forbidding the establishment of a corps of messenger boys in this city by private parties, told a reporter who interviewed him to-day that if he had allowed the district messenger companies to carry out their pro posed plans they would seriously infringe upon the monopoly of the postal service, as they would soon steal the most profitable part of the postal business, namely, the de livery of short-distanced letters. The Postmaster General imparted the in formation that he was engaged in the work of maturing a gigantic scheme for a night and day messenger call and telephone ser vice combined, and that this scheme was far beyond the dreams of the capacity of the companies which had hoped to establish a system similar to the one he proposed. "WORK ON THE WABASH. Wabash Stockholders in England Decide to Postpono the Detroit Line. IBTDClfLAP'S CABLE COMPAKT.I London, March 24. The stock and de benture holders of the Wabash Road met this afternoon, in order to hear the state ment of President Ashley and the history of the road since the meeting six years ago, when the Trust Company took charge of the affairs here. It was resolved to appoint a committee to supervise the interests of the bond aud stockholders, and to control the voting power of the securities. It was further agreed that the proposed Detroit and Chicago line be postponed until the earnings of the road improve to snch an extent as to justify the expenditure, MAD MAY-DAY PLOTS A Revolutionary Character Aimed to Be Given the Holiday. IBT DUHLAP'S CABLE COMPAST.3 Rome, March 24. At a search in the houses of members of the Federation of So cialists and Anarchists in the Romagna, some very important papers have been seized, which show that the Socialists of Italy, France, Germany, Spain, and Aus tria have concerted to give a revolutionary character to the demonstration of the 1st of May.. Italians in London Indignant, mr BURLAP'S CABLE COMPAXT.l London, March 24. A meeting of the Italians living here will be held in the "Efol bom Town Hall Thursday in order to pro test against the lynching of their compatri ots in New Orleans. Envoy Foster In Madrid. Madbid, March 24. General J. W. Foster, the special representative of the United States in the negotiations for a com. mercial treaty with Spain has arrived here and has already had a conference with the Ministers. Spain's Infant King 111. BT DCNLAF'S CABLE COMPACT. MADniD, March 24. The infant King of Spain is suffering from a cold. In answer to inquiries to-night it was stated-that His Majesty's illness is very slight. Tories and Unionists Ont of the Race. Dublin, March 24. The Tories and Unionists of Sligo finally resolved to-night THE PROMISED PANACEA. not to take part in the comine election in that division. Their decision was received by thfe McCarthy' with loud cheers, ri TWO NOTED CHEFS DEAD. M. VESDIEE AND M. J'l) OF GASTE0 NCfftfCiiouA. -lake thi Somo of the Famous Feats of Each In the Way of Catering-! They Served Monarchs, Presidents and Many Lesser Lights The Biggest Banquet. iii- Jk. TBT DUWLAP'S CAB 6fftOr Pabis, March 24. The uij 'fOr T. Jo P of March will long be gastronomic annals of the French and of the world. Last night died two of the most famous caterers of modern times, M. Verdier, founder of the famous Maison Doree, and M. Potel, of the firm of Potel et Charbot. M. Potel began life as the keeper of a cork shop in the Rue Montmartre. It was he who first introduced the practice of send ing banquets into the provinces, and who during the yisit of President Carnot to Corsica last vear, furnished that official with all the dinners be ate outside of Paris. M. Potel became associated in partnership with M. Charbot, who was a cook to Louis Philippe, but who leltthe monarch's service forthe grave reason that he was not allowed to use refined hog lard instead of "drip pings" in preparing his dishes. The firm Were most prosperous under the Empire, the Emperor, besides being at all times a gen erous patron, having commissioned them to supply all repasts when Queen Victoria was in Paris in 1885. The most gigantic banquet ever turned out by the house was in 1889, when it was ordered to provide dinners for 16,000 pro vincial maires, a far less important and far more numerous class of officials than the English or American "Mayor," at the Palais de l'Industrie, on the Champs Elysees. On this occasion 4,000 quarts of "bouillon." 2,000 fowls, 6,000 pounds, of roast beef, 25,000 pounds of pate-de-foie-gras, 9,000 pounds of cold vegetables for Russian salads, and 20,000 cups of tea and coffee were furnished, eaten aud drank. The reputation of M. Verdier rested on giving the most minute attention to' a deli cate and tefined cuisine. He began with his brothers in or near Central Pans market, where his father carried on the trade of "rotisseur," or vender of roast meats. PLEA FOR NEWFOUNDLAND. Interested English Merchants Ask the Gov ernment to Delay Action. London, March 24. A deputation of merchants engaged in trade with Newfound land visited William Henry Smith, the Government leader of the House of Com mons, to-day for the purpose of urging delay on the part of the Government in pushing through Parliament the bill introduced in the House of Lords last week by Lord Knutsford. Colonial Secretary, to make operative npou Newfoundland the modus Vivendi. Mr. Smith informed them that though the question was of great importance and of the utmost urgency, an interval of 26 days will elapse between the time the bill was intro duced and the time for its second reading, which, in his opinion, would afford sufficient time for its opponents to prepare their ob jections for presentation. Sir Julius Vogel writes proposing that the Imperial Government pay bounties to Newfoundland fishermen similar to the bounties which French fishermen receive. Sir J. P. Hennessey, after Mr. Smith's re ply in the House of Commons yesterday, decided to postpone raising any further dis cussion on the Newfoundland question until after Easter. The Liberals generally take the same view. A MEASURE TOO STRICT. It Wonld radically Abolish the Importa tion of Some American Goods. TBT DUNLAP'S CABLE COMPAXT.l LONDON.March 24. An influential depu tation waited upon Henry Chaplin, Presi dent of the Board of Agriculture, thi3 after noon. The interview wa3 regarding a bill at present before Parliament, providing for the restriction of the adulteration of arti ficial manures and feeding stuffs, Mr. Chap lin having signified his intention of intro ducing a Government measure on thy same subject. The deputation consisted of the leading representatives of English seed crushers, manure manufacturers and im porters of American linseed and cotton caKe. Snggestions looking to the drafting of the new bill were offered to Mr. Chaplin, and the point was made that if the bill now be fore the House were passed its provisions were so stringent that it would practically abolish the importation of the American staples. Mr. Chaplin promised to give the subject his attention. VICTORIA'S DANGER. Smallpox Infects the Town Which She Is Now VIstlns;. rBT PnULAP'S CABLE COMPAHT.l London, March 24. A sensation has been cansed by the announcement that smallpox has appeared at Grasse, the resort on the Mediterranean where the Queen has gone for a holiday. It is remembered that the town is 2,000 years old, and like all ancient and many modern continental towns, its sewerage is extremely defective. On the other hand, it is noted that Her Majesty's hotel is located high above the old town, and it is, therefore, hoped that she will suffer no inconvenience. A JUVENILE PANIC. Twenty Berlin Children Injured After the Fall of a Hanging Lamp. BT DUHLAP'S CABLE COMrANT.1 Beelin, March 24. At a children's party given at the house of a merchant named Scharf, to-night, a hanging kerosene lamp fell among the guests. An explosion followed, and in the panic 20 children were more or less injured, but none fatally. Two girls had their legs broken by jumping out of the window. B. & 0. Plans to Save Seventy Eight Miles Between Pitts burg and Chicago, BEATING ALL OTHER ROADS. An L Boad Along the Biver Front to Connect the Depot and the UNION BRIDGE, JDST PURCHASED, The Structure to Ee a Doable-Decker for Rail and Eoad. ANDEEW CAE2TEGI'S 1XTEREST IN IT How the Baltimore and Ohio airline to Chicago via Pittsburg was to get through the latter city ha3 been a burning question in railrcad circles, not only locally, but in the nation. A comprehensive answer will therefore be interesting reading. The Bal timore and Ohio Railroad Company has ef fected the purchase of the Union bridge, connecting the Point and lower Allegheny. Tne price has not been made public, al though rumor has ii that it was pnt np a pez because the railroad company wanted it. The present structure is of wood, and will shortly be replaced by a double-decker iron bridge to cost $500,000. On the present level of the bridge will be accommodations memorable? Qi,nJny aaa TeuJC1B pa5seDSe" ana slre capit.. -j , .,. The-present bridge is too low to suit the United States Government, represented by Colonel Merrill, who has lodged several strenuous but unavailing kicks against it. The new bridge will be much higher from the water level. The railroad tracks will be ou the second story of the bridge, which will necessarily be a very strong structure to withstand such demands as will be made upon it. The plans are already drawn, and the contract will be let this spring. The present piers have been ex amined, and are thought to be adequate for the new bridge. ' It will not be very long before the repre sentatives of the Baltimore and Ohio Rail road appear before Pittsburg Conncils as suppliants for a franchise for a double track "L" road right of. way from the present Baltimore and Ohio depot, on Smithfield street, to the Union bridge at the Point, thus completing the airline between Balti more and Chicago. All the other connec tions have been secured, and only this is lacking. The Arguments in Store for Conncils. Tremendous opposition from the river men, the Pennsylvania Railroad, and other sources is discounted by the Baltimore and Ohio people, but an ennmeration of the strong points in favor of their plan will, it is thought, give them a show before tha representatives of the people in Councils. It will be argued that the granting of this franchise will make Pittsburg the most important station on the main line of the Baltimore and Ohio, between Chicago and Baltimore; that the practical paralleling of the Pennsy to Philadelphia and New York will thus be accomplished, so far as passenger aud freight traffic is concerned; that the general facilities appertaining to the Baltimore and Ohio main line afforded by this franchise will be a great pnblio benefit, and that other railroads (meaning the Pennsylvania Railroad) are about to ask for much greater privileges involving several public streets. The marked generosity of Andrew Car negie to the city of Pittsburg in the matter of prospective and assured donations will have peculiar significance when the Balti more and Ohio has favors to ask of the city of Pittsburg, inasmuch as Mr. Carnegie's heavy interests in the Baltimore and Ohio, both as a holder of stock antedating the Pittsburg and Western deal and by the lib eral provision for himself and his associates made in that deal, virtually make it a per sonal matter between Messrs. Carnegie, Frick, Oliver and others and the general directorate of the Baltimore and Ohio Road. One Way to Please the River Men. It has even been mooted that to placats the river interests, the Baltimore and Ohio people wonld be willing to build a freight dock, where the river trade could transfer to the railroad and vice versa. At the Allegheny end of the double-decker bridge a Y.with a graSual grade, will lead from the bridge in both directions to the Pittsburg and Western tracks, now running nnder the bridge. Thence through trains will run to the present Pittsburg and West ern depot, soon to become the Allegheny depot of the Baltimore and Ohio. It is readily to be seen that every local advantags enjoyed by the Pennsylvania Railroad will be thus gained by the Baltimore and Ohio. Should water submerge the Pittsburg and Western tracks, through trains can rnn via the Junction Railroad to Bennett station, and thence on to Chi cago. The system by means of which the Pennsylvania Railroad, Panhandle and Ft. Wayne tracks are linked by means of the Ohio connecting bridge, so far as through freight is concerned, will be at least equalled by the existence of the Junction Railroad, and the use of it in the moving of through freieht trains east and west oi Pitts burg. It will be possible, therefore, to promise that no freight will be moved over the "L" road on Water street, lla;e Freight Depot for Allegheny. At the Allegheny end of the Junction Railroad will be erected a huge new freight depot for Pittsburg traffic. To handle Pitts burg coal or freight, the enormous tonnage of the Carnegie concerns and coke region output, the Baltimore and Ohio, either westward, eastward, north ward or south ward, will be on comfortably even term with the Pensylvania Railroad. Mr. Car negie's broadside of attacks npon the Penn sylvania Railroad, first given to the public through The Dispatch, veiled a business hostility which late developments show to be a personal rivalry. His election to the Presidency of the Baltimore and Ohio at the next annual meeting is among the prob abilities. In assuming the Pittsbnrg and Western Railroad the Baltimore and Ohio fonnd several things awry. The Pittsburg and Western has been running into Akron, O., over the tracks ot the Cleveland, Akron and Ohio Railroad, a leased line ot the Pennsylvania Railroad. For the nse of 15 miles of track between Warwick, O., and Akron, the Pittsbnrz and Western paid annual tribute of $40,000, besides the annoy ance of adjusting all trains, both freight and passenger, to the Cleveland, Akron and Columbus schedule, a matter sometimes of serious delaj. , The new management has a Baltimore and Ohio main line graded to Barberton, O., and will reach Akron soon. A pro jected airline between Akron and Chicago junction, nnder the name of the Akron and AVestern Railroad, has been gobbled by the Baltimore and Ohio, and tracklaying is being pushed, with the assurance of speedy completion. It is stated that when all these minutio have been worked out the Baltimore and Ohio will have 78)4 miles the shortest road between Pittsburg aud Chicago. -a i 4 Uf-JSi jp&lifrl&et&tito