SBJBP4HpiP'11 i WTT. w - i 'en DCAI Estate Sellers Get their l ttt I 3JetIJuj-er through THE WAMTQ Inserted In THE DM; JYYrl, I O PATCH reach Every fC u , ;wr. DISPATCH. Investors Everywhere body. It is the Best Advertutsg Medium for Employer and Employed, ( It CU-eohUes Everywhere. read It. Bargain Hunters rely on-K for offerings. The bebt Medium. FORTY -SIXTH YFIATL PTTTSBtrRG-, THUESD- rt MAT " 28, 189L THKEB OPNTS. m- H - .,. . .. , i- ' HE BV mm mm JBJ pNB HJ L l jV BJ BB B el BJ H A SHOW FOR HCKERS Baker Secures Some Amend- ments-to the Ballot Bill in Conference. MOBE LUtE HEAL KEFOBM. A Week's Time Is 2fow Allowed the Independents After the Regu lar Nominations. $1,000 FOR WHOLESALE LICENSES. The Legislature Also Places "More Re strictions Upon This Class . of Dealers. ONE VETO VERY NEARLY KNOCKED OUT. On the McConncH Bill the Senate for the First Time Cots Ajainst the Governor, bnt He . Wins in the Hanse. e 1HD5IGHT rirnsox fires a bojibshmx at FROM A STAFF OOBRESPOXDENT. 1 Haerisbukg, May 27. When the Baker ballot bill came over to the House to-day for concurrence in the Senate amendments, there was a lively time for awhile. Mr. Baker opposed concurrence strongly, de claring the amendments had utterly emascu lated the bill, and practically perverted it from its original purpose. Uc called On the House, and the Republican side especially, to refuse to concur and demand a conference committee, as he believed that the most ob noxious features of the bill conld be modi fied and an agreement reached between the two Houses. Ex-Speaker Graham also opposed concur rence. He had voted for the original' bill, believing that it was a good measure, al though not going so far as he had desired, bnt the present measure was ''& fraud, a pretense, a eham and a disgrace to the Legislature of Pennsylvania." Mr. Biter, of Philadelphia, eaidhe was for true ballot teform, unmutilated and not deformed, and there, God helping him, he would stand. Democrats reared Sometliing Worse. Singularly enough, considering their past course on the bill, thi Democratic side jnade the only arguments in favor of con currence. What influence Secretary Har zity, who was circulating among the Demo crats, had in tbe matter can only be con jectured, but he favored concurrence, and the minority, with a few exceptions, seemed '.to take their cue from him. Mr. Wherry, while admitting that tbe "ftrfwas Imperfect, 2jh1 thai the House ctMfCur. Eren-inits prent shape, he argued, it would educaa the people. It Would be worth all it would cost if it ac complished no more than this. Messrs. Biter and Skinner argued to the same e'flect, but Gillan and Boper asserted that jio matter what their fellow Democrats might do, they would not vote for the con currence. i The yeas and nays were called, and the House refused to concur, the vote standing B3to89. Nine Democrats and 80 Repub licans voted opainst, and GG Democrats and 32 Bepublicans for concurrence. The Speaker appointed Messrs. Baker and Biter, Bepub licans, ana iniv, jjemocrat, couierees on the part of the House. Senator Gohin and ITecb, Bepublicans, and Green, Democrat, were appointed on the part of the Senate. The two first Senators voted against the bill on final passage in the Senate. How the treasure Xow Stands. . The committee held two protracted ses sions, and finally agreed upon the following amendments, Mr. Biter alone dissenting: Parties casting 3 per cent of the highest en tire vote cat shall be entitled to place their candidates upon the official bal lot, this provision being unchanged, but in the case of independent nomination the nomination papers must be Eigncd by one-half of 1 per cent of the high est entire vote cast for any officer "elected" at the preceding election. As the Senate passed the bill, it required one-half of 1 per cent of tho highest entire vote forany officer "cast," etc This change therefore gives in dependents a much fairer chance to get in their nominations. Certificates of nomination must be filed S6 days and nomination papers 49 days before the election, thus giving independents one week after the regular nominations are made in which to make theirs. In city and county nominations tho limit is 2 and 35, and in boroughs and townships lOandTdays, instead of 40 and 20 days. Section 27, upon which the mainnght has "been, was amended to lead that if any voter declare to the Judge of election that "by reason of disability"' he is unable to prepare his ballot, he may take a voter into the berth to assist him. Tho Senate provision was "lor any cause." lie is not, however, required to swear to his disability, and it Vas upon this that Mr. Biter dissented. IIksrt II ALU A STRUGGLE FOR VOTES. Very Liicly light Over Appropriating S1D7.O00 for the State College. Hakkisbbbq, May 27. There was alhely debate over the bill to appropriate $157,000 to the State College in tbe House this evening. Mr. Capp characterized the bill as an out rage, and attacked tbe college as a useless and practically unknown Institution. The 6tate had already appropriated enough money to lino its walls with gold, and there had never been any results which Justified the expenditure. Mr. Wherry defended the college and the appropriation, stating that the United States appropriated $45,00 an nually for its support, and would increase the amount $1,000 every year for tbe next 15 year- If the State did not do its share tho na tional appropriation w ould be lost. Some of themoet active ikirmishing for votes that has been seen since tho road bill passed was practiced by both Mdes, but the bill finally went through, receiving 113 votes. IT WAS A STAND-OFF. A Split on the Mathilda Gross McConnell Veto of the Governor. Harrisbuko, May 27. For the first time this session the Senate refused to sustain an Executive veto, when the bill to enable Jlathtlda Gross McConnell, of, Allegheny county, to convey ccrtaui property freed from the trusts arising from tho will of Eva line McConnell, vetoed by Go-vemorPatti- son last week, was called up. Senator Flinn made a brief statement of its purpose and the necessity lor its passage. The Toll w as called, and the 37 Senators voted to pass ike j bill, notwithstanding the GOTernor'a objec tions. Tbe SI Bepublicans all voted Tea, and Senators Brandt, Dunlap, Ilall, Herring, McDonald and Booney, Democrats, voted with them. 'Eight Senators, all Democrats, stood by the Governor. When the hill came np In the Boose, Mr. Graham made a strong plea for Its passage oyer the veto and read a letter from A, M. Brown, Esq., of Pittsbuiv, who drew up the will orEvallne McConnell, setting forth that the act would only carry out the Intention of the testatrix. Mr. Wherry defended the veto, following the line laid down 4n the Governor's message, and the vote which followed showed that the Democratic side had been brought Into line in support of Mr. Pattison. The veto was sustained, the vote standing 115 to 68, or SI less than the number requisite to override it. But three Demo crats, Messrs. Gentner, EUwood and Missi mer, voted with the Bepublicans. A FLOP ON LICENSE. NEW WHOLESALE BILLDBOPPED AND THE OLD ONE PASSED. The Senate Famishes Another Surprise It Substitute the BUI That Passed the House No Change In the 81,000 and 8500 License Fees. Harrisburo, May 27. Surprises on the license question appear to be the order in the closing days of the Legislature. When the Senate took up the wholesale bill to night, a motion was made to go into com mittee of tbe whole for amendment. It pre vailed, and SenatorHarlan promptly moved to substitute the bill which, .passed the House, but which the Senate Finance Com mittee dropped, taking In Its stead the "bill prepared by the Pittsburg Wholesalers' As sociation. It was agreed to, and the com mittee arose and promptly passed tbe origi nal bill by a vote of 26 to 17. The first vote was 27 to 16, but Senator Neeb, who had voted yea nndera misapprehension, changed his vote to nay. The bill provides tat wholesalers.dealers, brewers, distillers, rectifiers, compounders, storekeepers and agents having stores or of fices in tho State shall pay for each separate establishment a license fee of $1,000 in cities of the first and second-classes, $500 in third class cities, $300 in all other cities, $200 In boroughs and $100 In townships. In all cities bottlenT licenses shall be $300, boroughs $200 and townships $100. Brewers and distillers shall be permitted to deliver tholr products within the county where the license is granted. All licenses shall be granted by tbe Courts of Quarter Sessions, the provisions being Identical with those relattvo to the granting of retail licenses under tbe Brooks law, witn tno exception mat in tnecaseor ais 1 41 era and brewers It shall not be necessary to prove that the place is necessary for the accommodation of tho public. Bectlfiers, compounder, distillers or manufacturers shall not self spirituous liquors In less quan tities than one gallon, nor shall any whole sale dealer or storekeeper sell any spirituous or vinous liquors In less quantities than one quart, or brewed or malt liquors In quanti ties than 12 pint bottles, nor shall brewers or bottlers sell less than the latter quantity. No liquors 6hall be drunk on the premises, nor in anyplace provided for that purpose. 8300,000 FOB THE WORLD'S TATE. The Manner In Which the Commission Is to Be Appointed. Harkisbueo, May 27. The World's Fair Commission, as agreed on by the Committee on Conference, will consist of the Governor, Xleutenant Governor, President "pro tern, Speaker, and 30 others, to be appointed by the Governor. The appropriation is $300,000. ALMOST A HOUSE RIOT. "Wherry Charges Fraud In a Count and , liaises a Big Sized Bow. Harrisbubo, May 27. Th e rock upon which the two houses parted company for a time to-day was the apportionment ques tion. Tho Congressional ana judicial bills went through, but the House refused to concur in tho Senate amendments' . both the Sbratorls.1 andLeslU.tivAiliill!L . ejjnferenfce committees were appotstea, ataaj ro-nigut tout on jucgisiauve apportionment recommenaea uiat tno uouse recede from Us position and concur in the Senate amendments. The Honse agreed to this bvavote of 115 to 75. There was great, disturbance While the vote was being taken, and tbe Democrats questioned tho correctness of the count. Mr. Wherry came to the desk and charged, although not ad dressing the Speaker, that 25 votes had been counted for the bill which had not been cast. This almost caused a small riot, and Mr. Brooks and MrrStewart declared that Mr. Wherry had impugned tho honesty of the onloers of the House. Mr. Wherry got out of it by claiming that ho had not made the remark to tbe Chair. The House members of the conference committee on the Sena torial bill reported that the committee could not agree, and asked to be discharged. This was done and a new committee ap pointed. No report has as yet been made. ITS PATE IS UNCERTAIN. Flinn's Street Hallway Bill Is Amended, but It May Not Pass. HAnr.iSBtmo, May 27. Senator Flinn's bill providing for the sale or lease of the prop erty and franchises of street passenger rail way companies to motor power com panies, was amended to empower, any such railway company to contract with Such motor pow er company for the con struction ox motors, caDies, electric ap paratus and appliances and to secure the payment of the price thereof by bonds, mortgages of franchises and otherwise. All such leases, contracts, obligations and securities heretofore given are declnred to be valid, as though this act was in existence at tbe time of their making. No motor power company, required by law to procure consent or the local or muni cipal authorities. to enter upon streets and -highways, buying or leasing the property of franchises of any street railway company, shall have tbe right to operate by cable or electrle power, without obtaining the con sent of said authorities. The bill is toward the end of the calendar, and may possibly not be reached. PATTISON'S SURPRISE PARTY. Snyder and Bobert Watchorn Named in Place of Waller and Martin. HAltMBBima, May 27.-Just at midnight the Governor dropped a bombshell into the Senate by sending In the name of Z. X. Sny der, principal of the Indiana State Normal School, for State Superintendent of Instruc tion, and that of Robert Wntebom, now As sistant Executive clerk, for Factory In spector. The nominations will not be confirmed, the Republican Senators being solidly against such action. ' NEEB STILL ON DECK. His Jefferson Township Anti-Prohlbltlon Bill Passes the House. 5 Habbisbubo, May 27. Senator Neeb's bill repealing the local prohibitory law for Jef ferson township, Allegheny county, passed the Ilouse finally to-night. The vote stood 103 to 50, and the necessary number was only obtained after several members, at tbe so licitation of some of the Allegheny delega tion, had changed their votes in its favor. THE CHARTER BILL THROUGH. Senator Flinn Calls It Up and Has It Passed Finally by the Senate. HABRissuno, May 27. On motion of Flinn, the Pittsburg cbarterbill was passed finally, with the amendment providing that the act be not construed to take from the Mayor any power he now possesses. Three Bills Laid Out, Harrbbubo, May 27. At the afternoon ses sion of the Senate these bills were indefi nitely postponed: To prevent tbe sale and manufacture "of cigarettes; to prevent the smoking, buying and using of cigarettes; to establish a more uniform and precise game law. Dr. Eggle's Commission. Hawusburo, May 27. Governor Pattison to-nlgbCissued the commission of Dr. Eggle, the Republican State Librarian. No action has been taken in tho cases of State Super intendent Waller or Factory Inspector, Martin. Another Mining BUI Passed. HARRisstmo, May 27. Tho House receded from its nonconcurence' ln Senate amend- ments to the antharclte mining bill, and the bill as amended was adopted. This bill goes to the Governor. HAST MLli PASSED. The Senate Takes Up and Bushes Through a Large Number of Them. Harrisbihiq, May 87. In the Senate the fol lowing bills were passed finally: Making an appropriation of $23,000 for tho erection of a wing to the Western Peniten tiary and a cellhouse for female pris oners; to Children's Aid Society of Western Pennsylvania; to Pittsburg and Allegheny Home for Friendless, and to Ladles' Grand Army Home, at Hawkins station, Al legheny county: further empowering courts to authorize the removal of remains in cities or boroughs and for disposition of real estate for religious or charitable purposes; authorizing sale, conveyance and exchange of portions of the land belonging to the Commonwealth at Erie now occupied by the Soldiers' and Sailors' Home; validating acknowledgments heretofore taken by deputy consuls and.eommercial agents of the United States and to authorize these officers to take acknowledgments of all instruments of writing concerning property In this State; providing for the re covery of damages to trees along publlo highways by telegraph, telephone and elec tric light companies; conferring on hus bands, wives and parents the right of pos session of the bodies of their deceased wives, husbands and children; prohibiting mining and manufacturing com panies from engaging in the company store business; making appropriation to assist in furnishing a hospital in Oil City; fixing hun dred weight of bushel of potatoes; to pro vide for publication of 30,000 copies of the report on the birds of Pennsylvania; to pro tect holders of policies of Insurance Issued by casualty insurance companies; making appropriation for payment of Felix CNeg ley. MAT DELAY ADJOURNMENT. The House Not Disposing of the Senate Bills Fast Enough. HiRniSBtnio, May 28, 8 A. jr. At this hour the House has acted upon but five of the 83 Senate bills which remained to be dis posed of, and there is talk in the Senate of extending tbe session anotherweek. A consultation was held, and it was decided to wait awhile. Possibly half. of the calendar can bo got through with, but it cannot be cleared. The Senate has taken two or three recesses to wait for business from tho House. Tbe usual disorder prevails in tbe House, although the members have hardly been as demonstrative aB on other closing nights. At midnight a recess of half an hour was taken for lunch. As this report closes, both Houses are in session, and it is not likely that they will adjourn before daybreak. GRAVE SCANDALS CHARGED. A Proposal to Investigate the State Lunatic Hospital at Warren. - Hakrtsbcbq, May 27. The proceedings of the Senate to-day were openod by the offer ings of a resolution by Senator Markley, of Montgomery, for tbe appointment of a committee to investigate charges made against the management of the Warren State Lunatic Asylum. Among the alleged delinquencies of tho institution are cruel treatment and lack of discipline. Senator MoCreary, of Erie was satisfied that the charges could not be sustained, and said the allegations contained In tho' resolution had not even the respectability of -a. common rdmor. Senator Markley said he had letters and so had other Senators, showing the ne cessity for the proposed Investigation. senator xnompson opposeo. commissions, as history demonstrated that nearly all of them amounted to nothing or very little. Senator Hines, of, Luzerne, ald some of the charges were unfit to be printed. Senator Robinson, of Chester, inauired whether the chaM4..ffeeflf-5iroferred -bjr inmates' '-ot the hospfto'-to- which tho Senator irom Mizerne answered in me amrmntive, but afterward stated that someoX-the let ters written oh 'the subject of complaint came from citizens outside the institution. tion was referred to the Committee on the Judiciary, toTvhicii -the charges should be submitted. FLINN'S WHARF BILL THROUGH. In Spite of Some Opposition, It Is Now Best ing in the Governor's Hands. IlAiraiSBtmo, May 27. Senator Dunlap, of neaver, entered a protest against the man ner in which the Flinn bill, authorizing the appropriation of wharves in cities of the second class for park purposes, was amended in conference com mittee. The Senate had concurred in the action of tbe committee, and Mr. Dunlap moved to consider the vote by which affirm ative action had been taken, because, in his opinion, the Constitution had been violated in striking out the classification as to cities of the second coss and making the bill apply to all cities. His motion was defeated. In the House Representative Gillan, of Franklin, made a speech against favorable action on Flinn's wharf bill for reasons similar to those advanced in the Senate by Mr, Dnnlap, bnt the House adopted there port, and the bill is now ready lor the Gov ernor's consideration. G0BIN CAPTURES THE PRIZE. The Republican Senatorial Caucus Names Him for President Pro Tern. Harkisbubo, May 27. Tho Republican Sen atorial caucus met to-nlgnt and nominated Senator J. P. S. Gohin, of Lebanon county, for President pro torn. Senator Harlan, of Chester, was the only candidate against Gobin, but the latter had the Inside track and carried off the prize by a vote of 17 toll. tSenatorGobln's term expires in December, 1892, and unless he obtains a re-election, the Senate will be minus a presiding officer when the next Legislature meets. It is claimed, however, that he Is practically sure of a renomlnatlon and re-election. DICE QUAY IN A BOW. He Has, a Lively War of Words With Ex Clerk Samnel Loscli. -HARBiSBtrBo, May 27. Ex-Chief Clerk Sam uel A. Losch and Dick Qnay had a' brief al tercation in the House -to-night. Mr. Losch says Mr. Quay ordered him off the floor of the House, but the latter denies this and says that he saw the ex-Chief Cleric standing at the clerks' desks where the bills were, and requested him to let the papers alone and movo away. Tbe colloquy was short, but decidedly per sonal whllelt lasted. LAID QUIETLY TO REST. The Lytle Insurance Bill Indefinitely Post poned by the Senate. Harribboro, May 27. The Lytle insurance bill, which sought to compel companies to deposit with the State Treasurer the amount of a contested claim In addi tion to 10 per cent for coun sel fees and providing for cash surren der values after tbe payment of two prem iums, was indefinitely postponed in the Senate by 81 yeas to 5 nays, as was the bill fixing the term of office of notaries public. SENATE STATE COMMITTEE. Flinn Will Help Name That Body's Officers for the Session of 1893. Habrisbdbo, Moy 27. At the Republican caucus tho following State Committee was elected: Fllnri Allegheny; Crawford, Ve nangoSmltb,Lancaster; Crouse and Thomas, Philadelphia. The committee will select the officers for the Senate of 1893. CALLS IT THE KINETOGBAPH. The Latest Machine Derised by the Greatest of Inventors, Edison. CSFECIAL TELEGRAM TO THE DISrATCn.) New York, May 27. Inventor Edison has completed a machine which reproduces scenes, sounds and motions occurring at a distance. He has called this wonderful new instru- mentthe kinetograph. PARNELL WttLIARRX Mrs. Kate 0'Shea Certain to Again; Become a Bride in July. FORTUNE OF $500,000 AT STAKft' te? The Divorced Wife Urging Parnell to Fight For the leadership. A TOUR THEOUGH AMERICA rROBABLB CBT VVSVXt'B CABLX COXrAXT.l London, May 27. Mr. Parnell will certainly marry the recent Mrs. O'Shea in July. Those best Informed declare that the tenacity with which Mr. Parnell has clung to his position as leader of tbe Irish Nationalists, and the desperation with which he has fought the battle with his political oppon ents, are largely due to the Influence of tho divorced wife of Captain O'Shea. Should that lady win the probate suit now pending regarding tho disposal of the lega cies nndor the will of her aunt, Mrs. Wood, she will become possessed of $500,000. It is rumored that after his marriage and the prorogation of Parliament, Mr. Parnell and his bride will visit America. TEH PEOPLE CREMATED And Many Fatally Injured In a Petroleum Fire, Still Raging Fiercely. tUT DCXLAF'B CASUS COUP ANY. 1 DtmKnts, May 27. It is only now possible to state tho terrible results of the explosion of petroleum in this city yesterday. The ignited oil was thrown in every direction with great force, large sheets falling upon, the adjoining houses and setting them on -fire. Seven of these burned so fiercely that no effort conld be made to save them. It is now found that ten of the inmates are miss ing. They are supposed to be dead, while between 20 and CO are so seriously Injured that the majority of thorn are not expected to live. Although tbe firemen and re!aya,of volunteers have worked incessantly, the conflagration has not yet been subdued. Alreadv it has burned over 8.000 vards. and .heroulean efforts are being madeto confine ii wiinui s present limits, since in tue im mediate vicinity there are eight other pe troleum reservoirs, besides several store bouses containing hundreds of barrels of naptha. 8honld the flames spread until they reach these extra dangerous localities, there is no estimating the extent of the damage that might be done. AN IRISH MAIDEN'S LUCK. She Gets 420,000 Through an Old Gentle man's Fatherly Fancy tot Her. CBT DtJWLAP'S CABLE COMPANY.) LoxDOT, May 27. The case of Smith vs. Park, came up for hearing this morning. It will be remembered that an old gentleman named Cornelius John Park, residing at Teddington, on the Thames, 15 miles above here, having taken a fancy to Margaret Smith, an Irish maiden lady of 85, executed a deed giving her 30,000 pounds if she mar ried his son, but in case his son should re fuse, Miss Smith was to receive 20,000 within six months after his death. Soon afterward the testator died, and his son refusing to" carry out His father's wishes, Miss Smith brought suit for the 20,000. The Attorney General, Sir Edward Clarke, Q. C., closely examined the plaintiff, a buxom, inatronly-appearing woman, as to her previous life, out was unable to bring out anything to her discredit, or to show any reason why the explicit provisions of the will should not be carried out. The' Jury accotdlngly brought in a1 verdletVsr 'jmes onuin. -t , T fxe&zs: x BALM FOB CHEVALIER SC0VEL. The Famous Tenor Settles His Libel Suit for Fifteen Hundred Dollars. BVDUKLAP'S CABLX COMPAKT. Losdok, May 27. Tbe suit which was brought by tho well-known singer, the Chev alier Scovel, against the St. Stephen'! Beview, the society paper, whioh stated in an issue a few months ago that he had married his wife, who was Miss Roosevelt, of New York, for mbney, and in which other matter he stigmatized as libelous occurred, came up for hearing to-day. Mr. Scovel made his ap pearance, accompanied by his wife, mother and sister, but those spectators who bad hoped for an Interesting, more or less theat rical trial were disappointed. In opening the proceedings, Mr. Scovcl's counsel announced that the parties to the suit had agreed on a settlement, with the court's permission, viz: That a verdict should be given for the plaintiff with dam ages of 200 against tbe printers and of 100 against the editor of the paper in question, and that the latter should tenderan apology in full for tho statements which hud ap peared. WALES AS A WITNESS. The-Prince Summoned to Appear at the Baccarat Trial on Monday Next. BV BUXLAF'g CAELE.COMPANY.J Loxdos, May 27. The great baccarat card cheating case, in which Sir W. Gordon Cum ming is implicated, will come up for trial next Monday before the Lord Chief Justice and a special jury. Applications for seats are pouring in on all sides from people of thehighest sooial position. Tho court room, although the largest in tbe great Palace of Justice, cannot accommodate a tenth part of the applicants for admissions. His Royal Highness, the Prince of Wales, has been in formed by the solicitors on both sides, that bis presence is requested. He has in his possession a document signed by Sir W. G. Cumming after the allegations had been made against him at Tanby Croft. The Prince will lie accommodated with a seat on tho bench, and it is believed that both sides will agree that-his examination will be taken as early as possible in the pro ceedings and so dispense with his Continued attenuance. A WOMAN SUFFRAGE FIGHT. The Question Likely to Break Up an English Female Political Society. by pujilap's CABLE COMPASI.l LosDoir, May 27. There is every prospect that the annual meeting of the Woman's Liberal Federation will not be harmonious. The burning qncstion of the hour is woman suffrage, that reform being advocated by such leading memDers as Lady Sandhurst, Miss Cobden, Miss Cons and others. On the opposite side are ranged the majority of tho association, who strenuously oppose tbe In sertion of any planks in their platform not approved by the Liberal party itself. In addition to this bone of contention is the stand taken by the Executive Commit tee of the Federation, who, this year, pro pose assuming increased powers. CLIPPED BY A BULLET. The Tip of a Customs Officer's Ear Shot Off by a Concealed PlstoL CBT DDKLAP'S CABLE COMPANT. LrvERPOOL,fay 27. A tremendous sensa tion "was caused at the landing of some ex press baggage from the steamship Etruria in the Alexandria dock to-day. The officers were 'examining a rather large package, when suddenly a loud report was heard and the tip of Surveyor Kcarn's ear was shot off. Great excitement ensued. The police rushed to the spot, the package was opened and a huge revolver, with one chamber empty, was found among tho contents. Suicide of a Judge. tBT DUXLAP'S CABLE COMPANT. Bordeaox, May 27. M. 'Benrler. a Majris- trate of the Court of Appeals, drowned him self yesterday in the Garonne at tills place on'account or having made heavy losses in stock speculations. France Getting Beady for War. Paris, May 27--The Chamber of Deputies J; to-day passed a bill providing forthe stor- ingoffti stock of grain in every fortified town In 'France, sufficient to feed all the civilians of such a town intlme of war. , 'it MAY BE A BENEFIT. -. BARON HIBSCH TELLS ABOUT THE EXPULSION OF BUSSIAN HEBBEWS. j They Will Be Much, Better Off In New i-ountry Where They May Become Ciu en The Czar Does Not Know About tb Injustice to His Subjects. Paris, May 27. Baron Hlrsch in on Inter view to-day 'in regard to his plans for tbe amelioration of the condition of the He brews in Eussia, said: "The measures now enforced against the Hebrews In Itussta are equivalent to a wholesale expulsion of the race from the Russian empire. This fact does riot appear toJ'me to be altogether a misfortune fovthe Kussian Hebrews. The worst" thrag- that could happen to them would be to continue for an indefinite period the wretched existence which they have hitherto ledin cTowded.narrow streets, without any hope of improving their condi tion, This state of affairs has reduced them to a condition incompatible with the dignity of human beings. The only means of im proving their condition is to transport them to other countries where they may enjoy tho same rights as the people among whom they live. "What is going on In Russia to-daymay ho the prelude to this beneficial transforma tion; therefore, while we are filled with hor ror at the atrocities committed, let us hope to derive from them some advantage for.the unfortunate victims of oppression and facili tate their oxnatriation. which is their only means of salvation. "I'nere are two ways of alleviating the mis erable lot of the Russian Hebrews. The first plan is to acquaint the Czar with the truth In regard to the cruelties which are perpe trated dally in his country and in his name. I Am personally convinced that an appeal to the Czar's sentiments of justice, humanity and mercy would not be In vain. The Czar most assuredly is not aware of the persecu tion which Is committed under the shield of his .authority. If the Czar was made fully aware of the. facts in connection with the treatment which his Hebrew subjects are forced to endure, I am certain that he would noi nesitate to stop tno Daroanty com plained of, and while maintaining, if neces sary, the government's ipollcy, In regard to the expulsion of the Hebrew, he would or der tho application of this policy to be made in both a humano and a gradual manner." AN OLD SEA-DOG'S ROMANCE. When a Boy He Saved Charlotte Cushman's Life and Is Now Bead at 80. x SPECIAL TELZCRAM TO TUB MSrATOT. Bosros, May 27. Captain Cornelius LovelL of East Boston, who once saved Charlotte Cnshman from drowning when both were children, died to-day, aged SC years. He fol lowed tbe sea for many years, and when he left the sea he had an Interest in a number of vessels. He became ship broker and commission merchant. One day when a mere boy he missed a girl whom he saw playing on the wharf, and rightly supposed that she had fallen into tho dock. Observ ing the water bubble up he Sprang over board and soon brought to the surface the missing girl, more dead than alive. She was taken to a storo and restored to consciousness, after which be accompanied her to her home. Her poor mother was grateful beyond expression when informed of what the sailor boy had done and said that she would never forget him while she lived. On tho wav homo lie learned that the girl's name was charlotte Cushman, and she insisted that he. too. should tell herhla name, because she wanted to pray for him. It was all she could do, for she was very poor. A few years before her death she gave a reading at East Boston. At tbe close of the entertainment a friend who knew the incident of her rescue introduced Captain Lovell to her, with a brief allusion to his having saved het life. She was apparently overcome by her own gratitude and ex dabned; "Forgot It; how conld I forget it!" T ; , il ii i m i ii , an HQ.fc - CASEY'S DEATH JUSTIFIABLE. One of General Miles' Staff Testifies in Favor of Plenty Horses. SPECIAL TELEGRAM TO THE BISPATCH.l Sioux Falls, S. D., May 27. The event of Plenty Horses' trial to-day was the testi mony of Captain Frank D. Baldwin, a mem- ber of General Miles' staff. He appeared for the defense and declared that Casey was a , scout, whose whole duty was to report the movements of the enemy, and that when he proposed to hold a council with Bed Cloud and other chiefs he exceeded his authority. The impression left by Baldwin's testimony was that a fierce war of magnificent propor tions reigned at Pine Ridge and had it not been for the military display made by Gen eral Miles the trouble would still be raging with all its fierceness. The object to be gained was that if a war raged and Casey was a spy, then Plenty Horses was j ustifled iu killing the Lieutenant. Plenty Horses still retains his wonderful nerve, and, although he understands every thing going on, he gives no indication what ever of his feelings. R. O. Pugb, Issue clerk, testified that rations were Issued by the War Department to tho band to which the prisoner belonged after tbe surrender of the No Water camp. Living Bear, father of Plenty Horses: nas not yet arnvea, out it is inougnt ne will reach this city by to-morrow. Living Bear's non-appearance is one of the strange fea tures of the case, and it may be possible the trial will not go on to-morrow on Living Bear's account. THE CHARLESTON HEARD 'FROM. She Arrives at Callao bnt Catches No Sight of the Elusive Itata. Washtkgtok, May 27. The Navy Depart ment to-day received its first news from the Charleston since she left Acapulco, Hex., the first of last week, in continued pursuit of the Itata. When the vessel failed to touch at Panama witliln the time expected, the de partment said that it was very probable it had been decided to keep straight on down the coast, and that tbe Charleston would first be heard from at some Peruvian port. This prediction is fulfilled, for the port at which the Charleston announced her arrival is Callao. The whereabouts of tho Itata are as far from being known as before the Charleston was heard flom, for Captain llemey, her commander, reported that he had seen nothing of the Itata on his cruise down the coast. t The Charleston will Join the squadron under Admiral McCahn in Chilean waters, and it is surmised that a report will fit no very distant date come thence announcing tho peaceful surrender by tho .Insurgents of the elusive craft which the United States Government will libel and perhaps forfeit for violation of our neutrality laws. KOBE FISHERY TROUBLE. France's Action at St. George's Bay Likely To Cause Fresh Complications. WASHiKQToir, May 27. Respecting the ac tion of the French Government In station ing a warship at St. George's Bay, Newfound land, to prevent United States fishermen from obtaining bait, it is said at the State .Department that action cannot be taken nor can on opinion as to the merits of the case be given until furthor advioes are re ceived. It has not yet been made clear to the Department whether tho warship has prevented our fishermen from buying bait or whether it has prevented tho French in habitants from selling It. These are two very distinct and -different propositions. In the first case it might be token as an asser tion of authority over American citizens, while in the second case, the French authori ties might bo exerting an undeniable author ity over the French subjects. Until tho real state of the case Is known there is nothing for the State Department to do in the mat ter. HEAVY JUDGMENTS ENTERED. The American "Machine Company, of Phila delphia, Goes by the Wall. Philadelphia, May 27. Eight judgment notes aggregating in amount $730,831 were, entered to-day against tho American Ma-, chine Company and executions issued upon, them. The company manufactures postal scales and other devices, and it has a paid up capital of $150,000. An effort is to bo made to induce tho creditors to agree to someplan by which the company can continue. Executions on judgments aggregating $11, 000 were also Issued to-day against Charles P. Heroic, jeweler. BATTLE' AT A CIRCUS, Four Spectators Fatally Wounded in a Fight With Canvasmen. MOEE THAN 100 BULLETS FffiED. A Chicken. Thief Started the Wild Affray to Secure Revenge. BRICKS USED AGAINST WINCHESTERS rSFXCIAL TZXXQBAX TO TUX CtsrATCn.l Mahokov Citt, Pa, May 27. This city was the scene of a terrible riot last night caused by the employes of Wallace's circus firing into a part of the audience that remained in the show after the performance was aver, and fatally wounding Patrick Quinn from Shenandoah, and wounding several others, itls thought fatally. It appears the crowd under the canvas did not move fast enough to please the employes, who were anxious to get the canvas down, and they made an at tempt to hustle them out without ceremony. Blows were struck and a fierce fight took place. Another squad of circus men with guns loaded came to the rescue of those en gaged and commenced firing Into the crowd with the above result. Fully 100 shots were fired by the circus men from guns loaded witluhotand a hand-to-hand conflict then ensued. Stakes were pulled up and used by both parties and the noise and confusion caused the whole town to turnout. Bricks Used to -Answer Ballets. Then the circus hands retreated up Fine street followed by the mob, who hurled stones, bricks and everything they could lay hold of at the fleeing employes. Finally the men reached .where tbe train was iBvested cash in the stnkinefnnd were intact. wattlngand they hurriedly entered it. rumor was circulated that a number 1 been killed by the circus men and this ad4v tothAATritemfltit ThnnillAf Hl1ro-ca unli-M arnrA railliv! Into requisition, and he attempted to stop the train containing the employes of the circus, in which it Is. needless to add he sig nally failed, and some of the men engaged in the fight received terrible gashes in the heads from pins, in the hands of tho circus men. A number of residents of the city were struck by flying missiles hnrled at the circus men as they made their way to the train. It is impossible to learn bow many of the showmen and employes were injured, bnt it is said four of them were carried away. Among the rioters hurt were Patrick Quinn, John Bees, Hugh and Edward Courtney. Martin Tansie, Frank Watkins and Edward McCaulley. These are seriously wounded, and the death of four of tbem is hourly ex pected. The mob surrounded the train after the showmen had entered it, and were piling in after them when they were confronted with tbe barrels of about 20 Winchester rifles, and they turned and fled. No Arrests Have Yet Been Made. The canvasmen had become desperate, and had the mob attempted any further vio lence several of them would have been killed, having been warned that If they ad vanced further they would.be fired upon. A few minutes later the train pulled out, but It was many hours before tbe mob dis persed. The Injured were carried to their homes and physicians summoned. -Constable Charles Klindenst went to Potts vllle early this morning to see District At torney Koch in regard to tbe arrest of the f - men engaged in the riot, bnt Koch being out nf the cltv he was directed to DenutvShev. who informed him that no proceeding conld be taken against them unless he had the names of the parties implicated. Klindenst stated that when the Chief Burgess-and staff attempted to board the train for the pur-, pose of arresting the men, theywere forced back by Winchesters in the hands of the can vasmen, who threatened to shoot if they advanced farther. Owing-' to the confusion and crowd it was impossible to see who fired tbe.shbts into tbe crowd; , . j. Early in the'doy-the UoSs cnnvasman was, arrested for stealing a chicken, and npon be ing arrested and aompelledto pay a heavy fine, with the costs in the case, threatened to have vengeance before the day was over. This man has not been seen since the riot and it is believed that he caused the riot and tied for narts-unknown. Officers are now In. vestigating, .and arrests will probably be made to-morrow. The show exhibited at Tainaqua to-day. . NEAL IS A CANDIDATE: Official Notification of This Fact Sent to the Ohio Democracy. SPECIAL TELEGRAM TO THE DISPATCH.l Columbus, May 87. All doubts as to the candidacy of L. T. Neal for Governor were removed by a confidential letter received to-day, In which the Ross County Executive Committee 'and editors of the Democratic papers at Chilllcothe, Neat's home, make the following announcement: "The best informed Democrats in the State, who, in so far as individuals are con cerned, take a disinterested view of the po litical situation and look to the Interests of our party alone, agree in tbe opinion that Governor Campbell cannot be re-elected if nominated. If they are right, Governor Campbell ought not to be renominated. In a contest between his personal ambition and the success or our party there ought to be no hesitancy in refusing him a second nom ination. Lawrence T. Neal has, In compli ance with the urgent request of many of tbe most active and influential Democrats in every seetion of the State, consented to lead In the effort to make tue coining election a contest for principle. "H McKinley wins this election It will be a vindication of his bill and the cause of pro tection. We can, by nominating Mr. Neal, settle the Presidental election in our favor in advance in Ohio this fall." BURNED IN THEIR HOME. A Mbther and Her Three Children Found f Dead in the Bulus. Topeka, May 27. A small four-room frame residence at the corner of Buchanan avenue and Gordon street bnrned this morning. In the ruins were found the charred remains of Mrs. W.A.Uptegroff,aged25, and her three children, all girls aged from 15 months to 5 years. All the surrounding circumstances point to a deliberate and carefully planned triple murder an suicide. The scene of tho tragedy is in a sparsely settled portion of North Topeka, among an Ignorant class of day laborers. The r fire was discovered about 10 o'clock. The House was supposed by the neighbors to be uninhabited. It has been learned that the family moved into the honse about a month ago. The father Is a teamster, and left-home early this morning to hunt work. He has not had any work since he moved lien and both he and his wife have been veiy despondent, ne .was found about 11 o'clock and told of the terrible fate of his family. In a half crazy condition he put the whip to his horses and hastened them to the spot When he arrived he coffld only talk in an incoherent manner, and conld give no In formation whatever to throw light on the affair. LIQUOR DEALERS BARRED. A Motion to Admit Them Into the Knights of Pythias Badly Defeated. SPECIAL TELEOBAM TO THE DISPATCH. CracinsATr, May 27. The warmest contest the Grand Lodge, Knights of Pythias, has known for years occurred to-day over an at tempt to so amend tho by-laws as to admit brewers, distillers and wholesale liquor dealers and their traveling salesmen into the order. The debate was of the racy sort and many amendments were offered. A vote was not reached until Just before tho olose of to-dny's session, when the proposi tion was defeated by an overwhelming vote. A year ago the by-law excluding all dealers in liquor from membership passed by but four majority A LAWSUIT OVER WORMS. Too Many or Them Dropping Oft a Man's Tree for His Neighbor's Comfort, SPECIAL TELEOBAM TO THE DISPATCH. 'Aksohia, Cosk., May f 27, It lias been a principle in law, in this State, at least, that fruit dropping from a tree over the division line on the premises adjoining the owner of the tree belonged to tho man on whose land the f nut fell. A novel suit la about to be brought by a Derby man against his neigh bor. Involving this principle, though In this case it Is riot for fruit, but worms. The worms have finished their feeding, and are dropping from the trees in countless num bers. The plaintiff has complained to his neighbor, and asked him to. cut down. tho tree, whioh is now worthless as a fruit bearer. Tbe defendant refuses to do it. He says that if the worms had been apples, his neigh bor would have made no complaint, for when the tree was a good bearer he used to fiick up every apple that fell on his side of he line. The case Is to be beard before a local justice next week, and whoever wins the other will carry the case to the Supremo Court. A CHARGE OF PERJURY THE LATEST ON WHICH A WABBANT TOB BABDSLET IS OUT. Accused of False Swearing Before the In vestigating Committee The City's Big Sinking Fond Found Intact Oellers Is Elected City Treasurer Once More. CSFZCIAK, TZLIOBAK TO TBI DISPATCH.l Philadelphia, May 87. Another war rant has been Issued for the arrest of City Treasurer-John 3ardsley. The warrant was sworn out by Detective Buraside, of the District Attorney's offloemd charges Bards ley with having committed perjury, in swearing before the Investigating commit tee that he had never received any consider ation from tho-banks for tbe deposit of pub lic money, when to fact he received 3 per cent on deposits of city funds and 4 per cent on deposits of State funds. One of the papers this morning printed a rumor to the effect that Bardsley had hypothecated a large part of the securities in the sinking fund of the city. To-day the commission of expert accountants were put to work examining the sinking f and ac counts. At 11 o'clock to-night they had fin ished their labors and the suiting rand com missioners Issued a statement stating that tfiAVnimffldnf .Amrlffo. anil 4SV1 flfln nnfn. ,tty Councils met in Joint sessions to-day , fleeted Richard Cf. Oellers City Treos- M?,?M?Ie.erad' . u4fi, -TCity Solicitor was read, main- 1 -. .V). CI ht Of Councils tO fill the "'M neht of Councils to vat. " h J'o the resignation of John. Sard&v, ,Vn, vfv"!3 the same man who was electa Vii,Vfc.Niv the ConntvCom- was elei misstonersN vcv foSDemocratlc mem missioners. bers partlclpa'"-'Yzbint sessions of Councils which eii Oellers. Councils will meet again to-m. f morning and ap prove Mr. Oellers' suretvis, and it is tbe In tention to have him take possession of the office at once. Every one is now looking for some move on the part of the State administration to keep Oellers out until tbe courts can decide whether the right to appoint rests on the Governor or in City Councils. Another phase of Bardsley's Third street operations, which was not disclosed yester day, developed to-day. He brought Glenden nlng t Co. a number of stocks whioh were not purchased for him by them. The evi dence on this point is conclusive, and the deduction is, of course, that Bardsley was en gaged in transactions with other stock brokerage firms, and that some of these, were probably speculative. The name of another brokerage firm, which does an ex tensive business with small speculators, was mentioned to-day. It was said that Bardsley was a frequent visitor at the firm alluded to, and that he kept a speculative account with it. It is probable that the Investigating Committee of Councils will summon the members to appear before It, In order that the extent of Bardsley's speculations with it may be laid bare. GOING AFTER THE SEALERS. The Bevenue Cutters Bush and Bear Or dered to the Bering Sea. Wabhtsotow, May 27. Orders were sent by telegraph to-day to tbe Commanders of tho revenue cutters, Bush, at San Francisco, and Bear, at Seattle, Wash., to proceed on their annual cruise to Bering Sea. The Rush will take along with It Major W. H. Williams, special agent in charge of the Seal Island; J. Stanley Brown, special Treasury agent, who rwill complete the .work begun bvErof. El- Bott; jnilton .Barnes, or onio, wno win so in charge ortneisianaorst. George, and 8. . Nettleton, another special agent, and his wife, who will teach scbookon the Island of St. Paul. It is expected that It will take the Bush about 12 days to get to the Seal Islands. Although official information can't be ob tained, it is quite certain that the instruc tions to the commander of the revenue cut tor withrespecttopoaehersaresubstantially th e same as those lssned last year. The Cor wln, however, will not sail for somo days, and in the meantime the Government Will consider tho advisability of giving her special instructions, modifying those under which the Bush and Bear sail. Tbe instruc tions of the two last named vessels, being tbe same as those of last year, are not to seize poaching vessels unless found Illicitly sealing within the marine league, but to warn them off. The general subject as to whether or not there Is to be a closed season has not, it Is said, yet been settled. WISE GIVES IT UP. The Strike Not Declared Off, but He Advises the Men to Go to Work. rSPECXAL TELEGRAM TO THE DISPATCH. . Scottdale, May27. Master Workman Wise said to-day: "We are conquered, but not subdued. Our organization has not vet de clared the strike off. Tho same genuine union spirit is manifesting Itself among the miners, and the order will soon be as mighty as ever. Starvation only forces the men to go to work." The charges of the sorehead element that Wise sold out is considered ridiculous, though there is an element in tho region that claims the strike should have been declared off when the leaders knew they were whipped. The rush of men for work at the various plants continues, but in most instances the applicants are turned away, being given to understand that their services are not wanted. This means that the black list has gone through the regions, and a man refused at one works is certain to be refused at another. As a result they are either prepar ing to leave the dlstriot Tor another field or are drifting aimlessly about,andmore homes have been broken up by the Btrike that has just closed than by alt the strikes that have proceeded it. Reports are coming in hourly of the hopeless destitntion of hundreds of families. VICTIMIZED BY A GIRL. A 13-Year-Old Lass Passes a Check, Forged by Herself, on a Batcher. SPECIAL TELEGRAM TO THE DISPATCH. New York, May 27. Mary Andrews, a pretty, brown-eyed maid of 13, was before Justice Walsh in Brooklyn to-day, accused of passlnga worthless check for $7 Won Mr. Schlldwatcher, a butcher. She Induced the butcher to cash the check by represent ing that her employer, Mrs. Jacobson, a dressmaker, had sent her to get change. Tbe check was returned to him from the bank as worthless. Acting Detective Parrett knew nothing about tbe forgery when he arrested Mary. She was locked np because she had been stealing from her employer. When Mary was asked about tbe check episode, she confessed that she was the forger. "I saw Mrs. Jackson writing out some of these papersbefore she went away," said the worried over her arrest, "I tried to Imitate her signature, and when I found I could do it well enough I got hold of the checkbook and wrote out the check for $7'60. Then I got the butcher to give me tho money for It." The Justice did not send her to jail, but handed her over to the Society for the Pre vention of Cruelty to Children. FOREIGN LACE WORKERS. A Nice Little Point That May Be Settled Through a Strike at Scranton. SPECIAL TELEGRAM TO THE DISPATCH. Scbaxtos, May 17. When the Scranton Lace Curtain Manufacturing Company de cided toorcct a factory In this city it was found that It wonld be necessary to' Import from England about 60 skilled workmen. The question at once arose whether this could be done under existing laws. An in quiry was nt once sent the Treasury Depart ment at Washington. To-day was received that the laws do not prevent employes from engaging- under contract, or agreement, skilled workmen in foreign countries to per form labor in the United States In or upon a new Industry not- at present- established in tbe United States, provided that skilled la bor for that purpose cannot be, otherwise ob tained. The lace men say they cannot get tbe men needed in America, aid will engage them at once, .i. 00 VACANCIES EXIST? The Governor's Authority to Appoint Jndges Seri ously Questioned. THEYMAYALLBEBEYOEEID An OjTinioD, of Judge Agnew Tnonglit to Be Against the Appointees. SUPREME (MET BATTAKEAHAND Hr. Pat&on's Right to 2Tame Preideat Judge Platiy Denied. 8ERI0TJ8 LZOAL TR0TJBlB---EXPBCTin) The Supreme Court may be called os sooner or later to decide whether the Gov ernor has the constitutional right or not to appoint three new judges 'far Allegheny County, J. CL Shoemaker, who was deputy Attorney General under Pattison during hia prior term, first raised the point, and it was the chief topic of conversation among law yers yesterday afternoon. Mr. shoemaker presented his side of the case so skillfully that he produced a doubt In the minds ef many attorneys. He said he had no " desire to worry.the Governor or the newly appointed Judges, bnt it might avoid com plications In the future to settle the question early. The new Jndges will hold the Criiri lnal Court in June, at which. Fitzsimmong, charged with the murder of GWrlnson, will be tried, and he thought Thomas M. Marshall would be astute enough to put in a plea against the jurisdiction of the court, if an adverse decision were rendered. Mr. Shoemaker was loth to discuss the subject, but finally explained on what he based his.' opinion. Judge Agnew Questions the Move. Ex-Chief Justice Agnew was seen last evening at his home in Beaver, but he de clined to express on opinion without know ing all the facts bearing both sides. He ad mitted there was considerable room for doubt and It was a debatable question. He added that he would "consider a lawyer remisi in his duty, who, in defending life, did not test the legality of the court if he was sot sure about lc In 1878 Lacka wanna county was carved out of Luzerne, and a newi Judicial district was created. Governor Hartranrt appointed a Mr.Bentley Judge, and in the test case, argued before the Supreme Court, Judge Agnew, then Chief Justice, decided against Judge Bentley; remarking that his commis sion was not worth the paper it was written on. The attorneys for the Lackawanna bar claimed "the Governor simply filled a va cancy created by the act of Assembly. Thl3 act Is to create new counties, and In their creation a new Judicial district springs up, as provided by the Constitution." Judge Agnew, Interrupting the attorney, said: "The Constitution did not require that upon tbe creation of tbe offices that there; should be an immediate right to appoint." In his decision against Judge Bentley he further stated:. , Having no power to appoint, the coW mission to Judge Bentley was waste paper-, and void. He Is not even a de fectojudge, .there belng.no offlce.t'bfLfflled.nocommls sion. toTeri5iiued anp no authority "mTTne Governor to act"' In the Lackawanna case cited a new county, as well as judicial district, was cre ated by act of Assembly, but In tho Alle gheny county appointments a new court only was established. The cases are not iden tical, but Mr. Shoemaker thinks tbe reason ing which knocked out Judge Bentley could be applied to Governor Pattison's ap pointees. He was anxious to know what Judge Agnew thought about it. Depends on a Vacancy. The Judge said last evening: "Tbe question turns on whether there is a vacancy under tbe Constitution by the creation of a new court in Allegheny county, and this is the point mado by Mr. Shoemaker. I do not remember muoh about the Lackawanna case, bnt if I reoollect rightly there was some provision In the act of Assembly which did not require the new court to be onran- ized immediately. I suppose, in the present case, tbe Governorreasonedand was advised that the act for Allegheny county was im mediate In Its operation, and therefore there were three vacancies to fill. I am not pre pared to say whether my reasoning azainst Judge Bentley will apply In this cose. Jndges are human, and are as liable to err as any body else. I never give much for a. street opinion; bnd I can't say whether or no there is any similarity between the two cases. I can see where there Is room for ar gument on both sides, bnt what the Supreme Court would think about it is more than I can tell. We are too apt to Jump at conclu sions, and I always aim at the truth. Judge Story used to say that he never hesitated about expressing an opinion when the com mon law was Involved, hut he wanted to pose himself when a statute was intro duced." Powers of the Governor Defined. The appointment of tbe newjudges, Mr. Shoemaker says, is a constitutional question that has never been decided. The Constitu tion gives the Governor the right to "All a vacancy in a judicial office, or in any other elective office which he Ior may be author ized to fill." In 1858, In the Commonwealth versus Maxwell, the Supreme Court decided that "where a vacancy occurs within three months of a general election the Governor can only appoint until tbe first Monday of January next, but on the expiration of such commission the office may again be filled by appointment for the ensuing year." Mr. Brightly, in his report of the above case, adds this statement In a foot note: "The Governor has no power to fill an orig inal vacancy caused by the creation of a new judgeship; it must be filled by the people." Thisi note has much wefcrht with Mr. Shoe- maKer, as ne nas a nign opinion oi tne acu ity of Mr. Brightly, and he thinks he would not have made it unless the facts and deci sion in the case warranted It. The footnote was read to Judge Agnew yesterday, when he said that reporters were often mistaken, and during his experience on tbe bench he discovered Instances where the reporters had misstated the cases. A note Is not a de cision of the Court, and must be taken" with allowance. In the Maxwell cose referred to, Judge McCartney at Easton died July 15, 1S6S. Gov ernor Pollock appointed H. D. Maxwell Judge to succeed nun. On October li, not three months after, tbe election was held, and Mr. Findleywas elected by the people. Governor Pollock ignored htm, and commis sioned Maxwell December 1 for another year. J. M. Porter, an able lawyer, and one of the founders of Lafayette College, in arguing the case against Maxwell made these points: The People Are Paramount, "It Is to be observed that the Governor's power must be derived from the Constitution only. He can derive no power to appoint from tbe act of Assembly. If the act gives him a power to appoint where the constitu tion does not, such authority is void, and the commission under it is void. The act of Assembly can't CTeate a -vacancy in provid ing for filling a vacancy." The court decided in favor of Maxwell on the ground that three months, between tho appointment and election had not elapsed. Chief Justice Lewis and Justice Black dis sented, so Jealous were they, says Mr. Shoe maker, of, the elective franonise of the peo ple. Back oflt all, he added, is the Consti tution guarding the right to vote against the appointive powder of tho Governor. Though toe cases cited are not the same astheap- Eointmentofthejudgesryet Mr. Shoemaker olds that the reasoning leads up to the con clusion that the Governor hasn't the right to appoint the judges as he has done. He said helntendedtowrttoto Mr. Pattison about it, but neglected to do so. ' AnotherpolntwhlchMr.Shoemakermakes la that the Governor hasn't" the riant to I name the President Judge. The Coasttta- i 3 -m .- A-a
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