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j^'i^ j^* >*^^i ^ / VOL. XLVI. WINNSBORO, S. C., WEDNESDAY, APRIL 15, 1891. NO. 35. STORY OF THE COOSAV,". THE FIGHT NOW 0N IN THE FEDE| RAL COURT Unexpected Aof t!i? Attorney General?X.itJ in;; Oat the hi.-ie* of flattic?The Argument of the Counsel I'ro and Con. I Charleston*, s. C., April 8.?i\irsuant to tlie order issued by Judge ""Simontoa in the United States Circuit Court on Tuesday, the proceedings 0Uj (the order to the Coosaw Company show cause why the receivership ere- j ated by the S*,ate should not be made | permanent were begun yesterday morn-j * mg at 11 o'clock. i The Court \va3 opened {or the prdin| ary business of the ter-* at 10 o'clock, , ,but little was done, a.r everybody was Waiting expectantly for the arrival of the hour when thc c<*use now so famous un the judi/^ annaJs of South Caro-j ?-.u be argued. The opposing I counsel appeared in Court a few min- j utes before 11, and takzng their seats j at the long table just in front of thy | clerk's desk quietly awaited the hour, I "When the poi tly 1'onn of Attorney Gen- j era! Tope appeared in the Court room ?& there was some surprise evinced by ??" many persons present, as it had been fii|p thought that he would not have been able to leave Aiken, where similar proIII eeedings are in progress before Judge e?K& Aldricn in the State Court. By travel 1M ing in the night, however, Mr. Tope, "M and Mr. II. A. M. Smith, oi' counsel, reached the city, and, accompanied by jag Major Julian Mitchell, appeared in ggm Court before ihe apyointed hour. They gg looked as fresh and ready for another ||g hard day's work as if they had been on jjipppf a week's hollitiay. insteai of being en- J gS? gaged in burning the midnight od over j musty law to:nes, studying up the |i| merits cf their position. nmglf These gentlemen occupied seats near 38H the door, while at the other end of the table sat the Hon. Augustine T. Smythe, xfr T.nni? li.oJ-V MfOadv and Mr. T. II "\V. Uacot, counsel for the Coosaw Mini ing Company. The tables were crowdf ed with law oooks, ana a half dozen inevitable "green-bags," crammed with % heavy volumes, peeped out from under the seats of the opposing lawyers. The counsel on both sides were evidently ready for heavy work, and each was prepared to meet promptly any point 1 that might be raised by the opposing 1 attorneys. - There was no crowd in the Court room. The arguments were supposed to be dry and technical, and the general public took but little interest m them. There were. however, several members of the Charleston Bar present, who listened with great interest to the arguments as they were presented. OPENING FIUE. Judge Simonton was on the uencn before 11 o'clock, ;>nd as the hands oi' the big Court clock crept around to the appointed hour Mr. Smythe, leading counsel for the Coosaw Company, arose and informed the Court that, in obedience to the order of the previous day, the defendants were present and ready to proceed. Attorney (Jencral Pope read the following, which was riled with the clerk: A PLEA TO THE JURISDICTION. "And now comes the State of South j Carolina, plaintiff above named, by the Hon. Y. J. 1'ope, Attorney fieneral of the said State, and appear herein for the purpose only of contesting the jurisdiction of this Court over the above mentioned cause, and the legality of the attempted removal of the same L1? ?* * /v.wmATi P'DOO "FAT I rum LDt v^unru ui wuimvu a. , Beaufort County, and for no other purpose whatsoever. Y. J. Pope. "Attorney General, State of S. C." MTTT'CAL EXPLANATIONS. Mr. Pbpe then called attention to the remarks of Mr. Smythe on Tuesday, in which a reflection had been thrown on him for not replying to a letter which it was said had been written to him in his oflicial capacity. He disclaimed ever having received such a letter, either individually or as Attorney General. After mutual satisfactory explanations between Mr. Pope and Mr. Smythe, the latter gentleman called attention to tlie fact that the paper intro-1 duced by Mr. Pope raised immediately ] the question ot jurisdiction, and re" quested Mr. McLracy to present toe argument of the defendants. Mil. LOUIS DE B. M CIIADY. Mr. McCrady began his argument promptly and applied himself to the points in issue without any introductory flourish of trumpets or rhetorical effort. There were, he said, three Constitutional questions involved in the cause. The tenth section of Article IV of the Constitution of the United States provided that no State could by any legislative act impair the obligation ot its contracts. Under an Act of the South Carolina Legislature a grant had been made to tin- Coosaw Mining Company, under which it claimed an indefinite and exclusive license, on certain conditions, to mine rock from the Cooaaw Kiver, opposite to and south of Chisolm's Island. By another Act passed on December 23,1S90, a board of phosphate comlaissioners was created, and the Act provided that the board should, on and after March 1, ISi'l. take possession of the Coosaterritory, and further authorized the ooard to issue licenses to other parties to mine in this j river. On the 21st of March the State of South Carolina fded a complaint in | the Court of Common Pleas of Beaufort j County, asking for an injunction re-1 straining the Coosaw Company from j ? asserting its rights to the territory and J from mining rock within it. Tliert is no reference in the com pi tint of the Act of IS JO, but without the Act the board would have bad no existence. The wrongs charged against the Coosaw Company ore the wrongs set forth in this Act, and nowhere eJse. In this suit the Coosaw Company has tilled a petition for a removal to" the United States Court, and in regard to jurisuic ticn it musi te snown oy znt ueiei:- \ dants that there is a Federal question involved. Is the petition l'or lemoval a pleading. and can a Federal question I be set forth in that petition? In support of his position Mr. Mc-j Crady quoted numerous authorities, among them the Gold Washing and Water Company vs Keys,: 0 I'.s, page 202, wh:'ch he referred to several times in the course of his argument, and read from at some length, in 1211". page 462, in the case of Carson vs Dunham, j it was held that where the petition was j defective it might even be amended to [ make more plain the point of jurisdic- j tif'Ti n<i nnn'ml fiirt-htr frfiin I* 1 S., page oiT: Mayer vs Cooper, 0 Wallace. page 2'yl: Kail road vs Mississippi, 102 I". S., page HO, and a further lengthy list of authorities. Section 10 of the 4th article of the Constitution must be construed for the I purpose of seeing if the act of Decern-' ber 23,1S90, is embraced in its purview,! but a further constitutional question | than tiiis is involved. The 5th article of the Constitution provides that no ] person shall be deprived of his proper-1 tv without due-process of law. The i vuusaw vcuii?/au> viaiui^ luat ic au i indefinite ?rant under certain condi- j tions, whicu it lias t'ulriiled, but the ?tate, notwithstanding this claim, has j | passed an Act seeking to deprive the I company of its property without the ; process "of law. The "due process of i law,"'it has been decided, is a case in [ which there is a plaintiff, a defendant, : a complaint, an answer and a trial, but the Act of December 23,1S90, contemplated nothing of this kind. In the definition of due process Mr. McCrady quoted Bump on Constitutional Decisions, page 350. T nrtiir t,Kp A fit. 01" >. if anv nnc m' 1 tempted to mine in Coosiiw S out a permit, his property was imme! diately forfeited to the State, and the | :>2<ate was authorized to briDg action I for claim and delivery, and in such case was required to give no bond. If, after several years' litigation, it was decided that the Company was in the right, its property would "then be lost, and it could get no redress since the State could not be sued, and there would be no bond on which to sue. Furthermore, the Act of 1890 practically repealed the Act by March 20, 1ST6, by which the grant was made, and the repeal took place after the Coosaw Company had spent vast sums or money on itsjplant, and its great property was thus to be swept awav without anv re dress from the Courts of South Carolina. On the subject of the State being a plaintiff, Mr. McCrady cited the cases of iiailroad vs Mississippi, 102 U. S., page 140; Ames vs Kansas, 11 U. S., page 402; Tennessee vs Davis, 100 U. S. page 269; Stone vs South Carolina, 117 U. S., page 269; Stone vs South Carolina, K5 S. C.j page 544; Barker vs Bowman, 8:h S. C.', page 3S8, and many other authorities sustaining the same point. ATTORNEY GENERAL POI'E. Mr. McCrady was followed by Attorney General Tope for the State. In beginning .Mr. rope submitted the ioilowmg suggestion to the Court: ' And now comes State of South Carolina by the Hon. Y. J. reps, the Attorney General of said State, and gives the Court to understand and be informed that there is now pending and being beard before the Court of Common Pleas for iieaufort County the question of the ordering an injunction and continuing its receiver- under the rule to show case in said case in said Court made and returnable on 7th April, 1891, and also on the question of jurisdiction of such Court. Y. J. Pope, "Attorney General, State of South Carolina." Mr. Tope, after some introductory remarks of a personal nature, said that in the argument of opposing counsel he had detected two errors, one of legislative history and one of State and iiiriipial hisfnrv. If, was rtpivs to The state of South Coralina that the Coosaw Company lirst saw the light in 187*5 it was the child of an Act of the 28th of March, 1ST0, he said, and, conj tinning, he gave what he claimed was the history of the provisions of that Act. Mr. Pope's style i3 impassioned and earnest, and he referred at some length to the action of the Coosaw Company in, as he expressed it, ungratefully disavowing the State, its mother, and quo; ted Shakespeare and several other au: thorities to sustain his position on this point. He asserted with much warmth the determination of the State to give and to claim what was right, and asked what the State had ('one that the defendant could come here with such loud complaints. His remarks In this part of his argument smacked strongly : of what might be termed sarcasm, and nis references to opposing counsel as "these young men" caused some amusement to those gentlemen. The State, he said, had bowed her sovereign head to come into a Court of justice, and the people of South Carolina felt it acutely that this mining company was not satisfied with the righteous conduct of ; the State and sought to inject delay in the proceedings, and thereby induce a compromise. He wanted to disabuse ; counsel's mind of the idea that the State would consent to anything like this. South Carolina was neither poor, nor wanting in spirit, and no concatenation of events could procure a comnromine. Thft Stnlp hari hopn insnlt'.prl and her laws shall be vindicated, and this creature of hers (the Coosaw Company) made to respect her. No power, save that of the United States Courts could stay her right to make this creature bow in submission to her righte' ous will. lie here paid a lengthy tribute to South Carolina, the United States and Chief Justice Marshall, and the Federal Courts. The tiling of a petition and bond does not constitute a transfer of a case, he said. It is the duty cf a suitor who I wishes a transfer to appear in the State Court and settle the matter tkere, and any other course indicated a lack of courtesy toward the State Court. On | the point of the United States jurisdiction being purely statutory, he read the Act oi Longressot lsai amendatory to the Act of 1875, which latter Act, he said, was fraught with great mischief and arrogance to the states. JBverv ca.se cited, he said, by the opposing counsel had been decided under the old mischievous Act, and not one under the new Act of lbST. Under the law of l*i>7 the Court was compelled to conline itself in such caaes to the complaint filed in the State Court. This was not true under the oid law, and it was there that the difference between the Acts of lbTo and 1857 appeared. Tho rvftt if if ?n trs tliic pAnrt ctotoj n/^ i. iiv iv tiiio vvui u owcvwvo jakj facts which raises a Federal question. From the beginning of this case the great cry on the part of the defendants had been the great amount of money that they had paid to the State, but they said nothing about the money they had* made out of the Coosaw liiver. The amount they paid to the State was only a part of the value of the State's property. lie asse.-ted that the State could not 2rant in perpetuity to a ferr persons the exercise ol rig?its which belonged to all her citizens. Any such Act of the Legislature is repealable. On the principal of eminent domain, the blate can take the property of private citizr-ns <^.nd appropriate it to rights of way lor corporations, such as railways, canals, etc. iJut she holds navigable rivers and the soil beneath them in trust for all her citizens. .She holds them as a siivprpi<rn and anv net which fives them away can be undone by a subsequent Legislature. In support of tills he quoted the iinai decision in the famous Louisiana slaughter house case, and argi:\.: that a Legislature could not bind another Legislature to such grants where the whole people were directly interested. In reply to a question 'rom the Court, Mr. Tope explained more explicitly that he held that where an Act was passed by one Legislature conlining public rights to a few individuals, a subsequent Legist lure coma annul it. GOING INTO ANCIENT HISTOUY. This company may llourish, he said, but in the end would be overtaken. Charges had been made, though they may oe ^aue. that the inception of these matters in the Legislature were not handsome?I will use no stronger term. Mr. Smythe: -Now, if he wants to refer to those things, let him put them in the pleadings, and we will meet him now." -Mr. rope: "i will not reirr to tnese matters if the company behaves in a |seemly manner, bat if it does not the | strong arm of the law wili catch it by j the nape of the neck and swing: it clean i out. \Ve will try to avoid it, but if | neccssarv will do it."?News and (Jou! ri:-r. ' Arsusiieut ;?t AJken. Aiken, C., April Judge Alii rich. in chambers, continued the hearj ing of the argument to-day on tbe pcti j turn oi me i'nospnaie v^ommissiou I that the adpomtiasnt of a temporary ! receiver an;! the temporary injunction VCK^^Coosaw Company be made peri manenfr^Tfflg^nivo^^re presented by : Col. Robert Aldrich affcT^Mr.- G. S. I Mower, and the Coosaw Company by i Gen. Edward McCrady and .Mr. A. M. |Lef. The hearing comrr.enced at 1U ja. m. and continued until 2 p. m. A J recess was then taken until 3.30 p. m., j when the hearing was resumed. It was concluded at 4.30 p. m. Messrs. I Mower. McCrady and Lee left for i Charleston on the nisht train and Col. j Aldrich returned to JJarnwell. I The matter is in Judge Aldrich's | hands, and his decision as to whether be, sitting in chambers, had jurisdiction in the case, and as to whether the i appointment of a receiver and the 'granting of a permanent injunction : may be expected in a lew days. Mr. Mower, in opening the argument, | addressed himself to the task ox provjing that Judge Aldrich had jurisdiction in the case. In support of his views he quoted liberally from law and precedent. Col. Aldrich followed for the State ana Gen. McCrady and .Mr. .Lee lor Coosaw. The time before dinner was [taken up in arguing' the question of j jurisdiction. Alter dinner the arguments were on the appointment of a receiver. Col. Aldrieh said it seemed that the rock was owned by the ."State, which is not disputed, and when the, Coosaw Company ceases work the State is deprived of its revenue, adding burdens to the taxpayers. It appeared that his Honor should issue the usual order, confirming1 the order issued appointing a temporary receiver, and continuing i him until further action of the court, ile thought there is no reason why Mr. lirooks should not be appointed receiver because he is a clerk in the oflice of the Secretarv of State. Gen. McCrady?:*\VotiiU you think it proper to appoint a Coosaw oilicial receiver?" Coi. Aidrich?"Yes, if it pleased the court." I Gen. McCrady then suggested Mr. I Moses 12. Lopez for the position. He knows more about phosphates than any other man in this State.?The State. Italy's lila^ter. lioiviE, April 2.?In a long interview with Marquis di Itudini, Minister Porter stated that the United States government .s willing to materially compensate the families of the New Orleans victims, i hnf. ilint it is imnossible lor the Wash inirton government to place the lynchers on trial, thai being a matter for tiie grand jury in New Orleans to decide, i The Premier insisted that Italy's dignity j demanded that the culprits should be | punished. All endeavors to obtain the opinion upon the present crisis between the Umted States and Italy of Hon. A. J. Porter, United States Minister here, have proved futile. Porter declares that the rules of international comity preen owirpciinn df nnininn tiv n Minister placed in the position that he (Porter) is now placed in. It is learned, however, from reliable sources that the United States Minister has done much to pacify the Italian government and that he has won over to his way of thinking other Ministers, several of whom have been trying to induce the Italian Premier. Marquis di liudini, to be less hasty. The idea of war is scoutcd here in diplomatic and government circles. Even Baron Fava's linal withi drawal is not pelinitely decided upon. It is said that even ifUaron Fava is withdrawn it will be done only as the most forcible protest known in diplomacy .and not as a forerunner of a conflict between the United States and Italy. The Italian Cabinet Ministers are in receipt of a laree number of cablegrams and letters from prominent Italians in other cities urging moderation upon the Italion governmontin its treatment of the XewOrleaus troubles. School Examiners' Kecommendatlon. Columbia. S. C., April 8.?The ofllcial report of the proceedings of the meeting of the State board of examiners Saturday is given to the press this evening. It was decided that all manuscript histories of the State to be sub- i mitted must be presented in type written copy, and that the manuscript will be accompanied with some indication of the proposed arrangement of the | text, the style and cost of the book. The board decided that the form of county teachers' certilicates shall be changed by l!i? addition of matter showing the holder's experience as a teacher, and attendance on the teachers' institute, proper credit being for them. The board decided to have the State divided into suitable districts ! for the holding of teachers' institutes | tills summer, fhe detailed work for rtiiUU?I;LIJCIIO was ic*u tu cuur;cu[;ciuiteridehfc Mayiield. A resolution was passed urging the county boards to redistrict their counties in suitable school distri/ts and press the levying of a special school tax under the "provision of the school act of 1888 in all proper cases. Revenue!nl Italian*. | I'AKKEiiSBuuo, W. Va.. April 3.?| There is considerable commotion; among the railroad lines in this .State, j and there are indications that the Ital-| ians are avenging their country met? by | the destruction of properly. Two nti tempts to wreck a lact express on the I i>..u: 1 .1 ~ Jjtllli iUUIC auu KJ.llV IvrtliiUilU ncir: ui:tected in time to prevent the loss of life. A few minutps before the Xew York express passed ;i narrow cut near Grafton the t-rack walker discovered several heavy p.tces of iron wedged tisrhtlv between the rails. An hour j later the Chicago express barely escaped j i a disastrous wreck near the same point; byasimiliar obstruction. A large de| pot and store building on the Baltimore | and Uhio at Constitution was blown up j with dynamite, completely wrecking i the building and causing a heavy loss. | All the contents were destroyed. All i these crimes arp charged to the Italians in the neighborhood where they ! happened. r A - - 1 ? ? -V- 4 V JLluIT 3 j London, April 2.?A dispatch from j ! Home says that the next move on trie j part, of the Italian Government, should j : satisfaction not be sriven for the New j | Orleans tragedy, will he to p!:'.ce an em- J I bargo on American goods,and prohibit j j their importation into Italy. j Much indignation exists in Home: j aga est the Vatician party for the ut- j ; terances of the Papal organ to the ef- j I feet that the government was influ i eutxu i > v MTlfl >UHCL15>. i. lie UlCilLD 1 i are said to be doing: everything possi-; j ble to weaken the prestige which the : government has gained with the peoi pie by its action.~ With the exception of the clerics, the newspapers, without regard to party, support the government in Its course. v s TILLMAN AND NOBLE. i j THE AGRICULTURAL COLLEGE FUND TIEO UP STILL| Further Correspondence 15etween Gov| ernor Tillman and the Department of i the Interior?Congress Will IIAve to dei / !/!< . thA I Columbia, S. C.. April 7.?The foli lowing is the last letter from the Department of the Interior to Governor Tillman in regard to inequitable distribu: tion of the fund last year given t}-"-Congress to be divided between the whit^ ! and the colored agricultural colleges of j the State. As will be seen by it the DeI ?n?.fwor?f s\-? T t-? f QTM AY? O H )*OrOC! f*/\ if C ^7cLI L WA. i-Ul/Vi IVi c*unvi. vo \j\s x% *j idea of what is an "equitable" distribution. "Governor Tillman's reply was mailed yesterday, and a copy of it will also be "found below. lie, too, adheres to his previously stated views, and so the whole matter lies over for the consideration of Congress at its next session unless the Secretary of the Interior should in the meantime conclude to accept the basis of distribution provided for by our Legislature at its last session: Department of tiie Interior, Washington, March 21st, 1891. IIon. JJ. R. Tillman, Governor of South Carolina. Sir: I have the honor to acknowledge the receipt of your letter of the 16th instant stating that your Legislature j laving actea ana aujourneu uixux ?\ ovember the question of the equitable division of the funds appropriated for agricultural colleges by the Act of Congress, approved August 31, 1890, is no lunger an open one so far as the State of South Carolina is concerned, and enquiring whether the Secretary "refuses to pay South Carolina her quota upon the basis proposed by the General As- i semtiiy, and if so, whether he insists that the school population, as shown by the census of 1880 instead of 18(J0, shall govern In answer to the lirst part of the inquiry I have the honor to call your attention to the provisions of the statue. It provided in the lirst. section: "That in any State in which there has Kaa,, Jn ^nron. UCCU UiiC CDUIUHOUCU. 111 ?/i4iou.~ j ance of the Act of .July 2,1802, and also in which an educational institution of like character has been established or may be hereafter established, and is now aided by such State from its own revenue for the education of colored students in agriculture and the mechanic arts, howeyer named or styled, or whether or not it hus received money heretofore under the Act to which this Act is an amendment, the Legislature of such State may prepare and report to the Secretary of the Interior a just and equitable division of the fund to be received under this Act between one college tor white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordidgly." Section -1 provides: "That on or before the first dav of July in each year, after the passage of this Act, the Secretary of the Interior shall ascertain and testify to the .Secretary of the Treasury as to each State and Territory, whether it is entitled to receive its share of the annual appropriation j for colleges, or of institutions for colored stiu'.ents under this Act, and the amount which thereupon each is entitled respectively to receive. If tbf Secretary of the Interior shall withhold a certificate from any State or Territory of its appropriation, the facts and reasons there-ore shall be reported to the President and the amount involved citnll Iip Vf-Tit. sp-narafp. in t.hft Treasnrv until the close of the next Congress in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Interior. If the next Congress shall not direct such sum to be paid, it shall be turned into the Treasuary, and the Secretary of the interior is hereby charged with the proper administration of this law." It seems evident that while the Legilature may propose a division of the fund between the two institutions, it is made the duty of the Secretary to pass upon the equitableness of the proposed division. In all but a very few instances where a slight variance was admitted the secretary nas insistea upon a division on the ratio of tlie school population, and this seems to be the most equitable and uniform basis that can be adopted. In this case he sees no reason to recede from his convictions that equity demands a division into the ratio of the school population. In answer to the second p.^rt of the inquiry, I have to state that when you were written toon the subject, Jannary 81, 18(Jl, the school census for State of South Carolina for the year 1890 was not available, and the census of 1880, i xvliitf? 23 upr ppnt rnlnrpd (5-t.l ner 1 cent., was suggested as ari equitable basis of division. The department is now in possession of tlie school census for lS'.'O. (Whites 30.7 per cent., colored <53.3 per cent.,) and it is?considered that the division should be b&sed upon the latter enumeration. Very respectfully, Geo. Chandler, Acting .Secretary. governor tilman'.s iieply. Hon. Chandler, Acting Secretary , Interior, Washington, 1), C. s;i:: 1 have the honor to acknowledge receipt of your letter of March 21st, in reply to my letter to lion. John W. Xo me, uatea ! euruary n>tn. iis x wrote to Mr. Xoble, our (General Assembly has proposed an equal division of the fund donated by Congress last year "for the further endowment and support of colleges for the benefit of agriculture and the mechanic arts," between Clemson Agricultural College ("white) and Clallin College (colored). "Wnether such division is equitable or not as provided by the statute and whether the Secretary of the Interior has the right to refuse South Carolina her quota because he thinks it is not equitable is for you or him to decide until Congress meets. South Carolina has dealt liberally with its colored college in the past and 1 am sorry to see it crippled by a refusal on your part to accept the apportionment proposed by the State. As Gov- j frnor I havn no anthoritv In do more. unci if I had, I would refuse to accept the money on such terms as you offer. Very respectfully, Ji. Pi. Tillman, Governor. "A Pure Matter of Health." Washington, April 8.?Senator Edmunds. who seat his resignation to the Governor of Vermont a few days ago. when asked for a statement of the reasons for his resignation, said: "I hare resigned from personal considerations solely. It is a pure matter of health, i cannot live in Washington during the winter. I ?ui:crfrom throat trouble an/1 t ho flimafp ic tnr\ cororo T hnlrf r. .111 t*lV > l.UXUV X tUV k/V. T u> V. < JL UViU that a senator should attend to his duties. and if I cannot remain in Washington constantly, I prefer to resign. I shall spend the winters in Aiken, S. C., visiting Washington occasionally to attend the sessions of ths Supreme Court when I have business before it." Mi:s. Saraii B. CoorEii condensed a great truth into a sentence when she remarked to the Pacific Coast Women's Tress Association that the greatest j olessing a community can enjoy is a good newspaper. I GIRLS SAVED THE TRAIN. ; But they Planned the "Wreck Themselves ?liocus Heroines. Freehold, X. J., April 12.?Another chapter was added to the story of Laura and Flora Woolley yesterday. These girls are the twin sisters who piled ties on a rail road track near Farmingdale last week, and then flagged the truin. hopins to zet a lanre reward. Their ruse was discovered. Laura has been greatly agitated ever since the matter became public, and yesterday she went to her bed-room and prepared to end her life. She tied one end of a stout rope to a hook in the wall, -2nd with the other end she made a noose. Thcn^TtfeNinounted a chair, placed the noose aroundlieFMcl^nif'^CparPxlto swing herself oft' into eternity. SK&sprans from the chair, and was strangling when her sister Flora rushed in at the door and rescued her. The girl is <mrwr<?nflTr rtnf. mnr?Vi t.h<* wnrcp for lipr experiment, and her frierds and relatives will try to persuade her that there is no reason why she should not continue to live. The attempt to wreck the train, occurred on Monday of last week. As the 4.30 p. m. express train from Xew York to Lakewood, on the New Jersey Southern rail road, neared a deep cut at Hendrickson's switch, five miles from Lakewood, a young girl ran down the track frantically waving a red flag. Engineer William Xsrison put on the brakes, and the train stopped but a few feet from a heap of ties that had been pileu across the track. "I saw two men put them there and run into the woods," the girl said, apparently in great excitemeut, "and ran down to stop you." Grateful passengers took up a collection that was reported at the time to amount to $105, and the maiden tound herself a heroine. George Fitzgeiald, the station boss, could not quite see how such a scheme could be planned in that vicinity. Tramps were not numerous, and the few fnmilips livi-ior in th* virMrnt.r wprp well known and above suspicion. A little investigation convinced him that the ties were not placed there to wreck the train. These suspicions were confirmed by a fellow employee, Levi Buidge, a cousiu of the "heroine of a day," who obtained from her a confession that she and her sister had planned and carried out the scheme to enrich a slender purse, -and lncidentallv to win a little lleeting renown. The girl who had waved the llag was one of the twin sisters, Flora and Laura, daughters of Gcorse Woolley. The Misses Woolley were in a sad predicament at the discovery of their plot. They had heard their father read in the newspapers, they said, of a girl who had saved a train for slorv, and the idea suggested itself to them that the same thing could be done for money. They had carried the ties to the track and sen; their younger brother, "Bud," to the house for a signal flag. The story about the men making for the woods was persisted in until Mr. Burdge wrung a coufession irom them. Alliances In Every State. Washington, April 8.?Representative -Jerry Simpson left the city yesterday for Olean, X. Y., to spend the next ten days in the work of proselyting the farmers of Western Xew York. The national lecturer of the Alliance, Mr. Willitts, also left yesterday afternoon for New Jersey, where he hopes to awaken considerable interest in the Al liance cause. He has already made a journey out to Ohio and sown the seed from which he hopes a large crop of Alliances will grow. This activity on the part of the Alliance leaders, according to Senator Pefier's statement to a United Press reporter, is due to the fact tha*- a movement is on foot to carry the Alliance ideas into every State of the Union before the next campaign. Senator Peffer also spoke hopefully of the conference to be held in Cincinnati on the 19th of May, and said that it was the forerunner of the organization of a new party. The effect uf the recent visit of Representative Simpson to New Fugland is viewed with some alarm by the members of both the Republican and Democratic parties Id New Hampshire. Both parties there hare discovered how equally divided the vote is, and it would not take many converts to the Alliance ideas to give the third party the balance of power. P. T. Barn 11 m Dies. Bridgeport, Conn., April 7.?The great showman, P. T. Barnum, passed away at G:22 o'clock this evening in the presence of his 2'rief stricken family. During the period of Barnum's invalidism and confinement to the house which began twenty-one weeks ago last Friday, there have been frequent fluctuations in his condition from cach of which he rallied, although in each instance with a slightiy lowered vitality. The change for the worse, which occurred last night was so much more pronounced than the previous attacks had been that it convinced the physicians that their patient had not many more hours to 1 ve. At 3:30 o'clock this afternoon Barnum sank into a comatose condition, from which it was evident that there would be little hope of his again returning to consciousness. When the end Dually came, it wa3 peaceful and to all appearances, painless. The physicians say that Barnum had no organic disease whatever, enfeebled heart action, which had been apparent for the past few months being due to the gradual failure of his general mental powers, resulting [from old age. He was about 80. Counterfeit Currency. Washington, April 8? Assistant United States Tieasurer Whelpley stated this morning that there was no doubt that a counterfeit of the 82 sil! ver certificate was in circulation. As I fast as the S2 silver certificates was received at the Treasury Department they were destroyed, but no order had yet been issued calling them in. The printing of 82 silver certilicates from the old plate had been suspended. The new design will bear the portrait of Secretary Windom, instead of that of Gen. Hancock. It is said that the new issue of ?2 silver certificates will not be printed until Secretary Foster decides upon a distinctive paper upon whir?h tn nrinf nil frpasnrv miffs. bonds and securities. Keady to Shoot Italians. Dodge City, Kansas, April 2.?The following message was sent to New Orleans to-night: To the Mayor and citizens of 2sew Orleans: The people of Dodge City, Kansas, in mass convention assembled, resolved, that this meeting express the sentiment of this cijV and county, and say to th? people \lthe Crescent City, that 1,000 ablel\*ied men, spoken lor by this resolution are maHv tn crn tn T,nni<;iana anrl sttoot, and they vrill shoot, if railed upon by our Government and Italy's hostile attitude demands it. i E. W. Evans, Mayor. UNDER BONDS. THE SHERIFF PUTS A STOP TO AN ANTICIPATED ENCOUNTER. Colonel Talbart Arrested and Put Under i Peace Bonds-Mr. >'. G. Gonzales Temporarily Bound Over?His Cass to bo Heard tills Afternoon. '-vr L? Z"1 A T A T?\**r i 'hO L 0? V.j ^XyiiJ. iU, x vi buv. past day or two there has been some apprehension of a personal ditliculty occurring between Colonel W. J. Talbe rt Superintendent of the South Carolina Penitentiary, and Mr. 2s. G. Gonzales, editor of the State, on account of recent publications reflecting severely on each other, and on yesterday from in^orma&Jir' 2iven to him, Sheriff liosvaD was led to belirfS?i.hat there was some grounds for these appT5fr&Lsi?ns> anc* accordingly he took cut ^arriutr?s?T the arrest of both of these parties in ' order to ha\e .them put under peace bonds. The warrants "were issued by Trial Justice Muller and placed in the hands of Constable Pollock. Colonel Talbert was found about two o'clock and at once proceeded to the Trial Justice's cffice, where he gave the required bond for S500, with Mr. "W. T. Martin as surety. He stated to the Trial Justice that he did not object to giving the bond if it was required of him, but thai at the same time he wanted it. understood that he was thirsting for no man's blood, and further, that as a lawabiding citizen, ne considered himself to be always bound to keep the peace, although always ready to protect himself when necessary. He said also that he did not want any one put under peace bond for his protection. lie asked the Trial Justice if anyone had requested that he should be put under bond, to which the Sheriff replied that he had taken out the warrants on his own responsibility. The warrant against Mr. Gonzales was served later in the afternoon, and he appeared at the Trial Justice's ollice ahoiit. in Hie vfternnnri. Mr. Gonzales was accompanied by Mr. F. II. "Weston as his attorney, and demanded a trial on the ground th:it he had made no threats against any one, and could therefore see no reason why he should be required to give a peace bond. Sheriff Rowan made a statement to the effect that he had made inquiries of parties who he thought were in a position to know as to whether there was any likelihood of a difficulty occurring between Messrs. Talbert and Gonzales. aud that he had been informed by them that there was. Mr. E. J. Watson of the State being one of those who so informed him in response to his inquiries. The Sheriff further stated that Col. Geo. lv. Wright had notified him in the morning that a difficulty was pending, and that thereupon he considered it his duty as a peace officer, to take the course he had taken. Mr. Gonzales said that the course of the Sheriff was unwarranted by the facts and that if he was put under bond Mr. Calvo of The liegister ought also to be put under bond as he had published in his paper an article writt2n by Colonel Talbert that might have provoked bloodshed. THE SHERIFF'S SWORN STATEMENT. After making an unsworn statement as above, counsel for Mr. Gonzales required the .Sheriff's testimony to be reduced to writing, it being as follows: S. W. llowan, being duly sworn, says: "My attention was called to the probability of adilllculty between Mr. X. G. Gonzales and Mr. \V. J. Talbert. I was informed that policemen were stationed near The State office and that the citizens along the street were anticipating a difficulty. I made inquiry last night to get something definite, but the narties pave me evasive answers. I have not seen Mr. Gonzales for three or four days. When I read the paper (The State of the 9th) I read an article that made me suspicious of trouble. I went on the street this morning and a gentleman informed me that trouble was expected . between Mr. Gonzales and Mr. Talbert, and that he thought that they ought to be placed under bond. 1 requested my informant to make his atlidavit and told him if I made it I could not make the arrest. He declined, giving no reason, and I then came round and made the affidavit. I had been told if these two parties met on the street there wf>uld be trouble. Mr. Geo. K. Wright came to me and stated that Mr. Condit was alarmed and so told him." Cross-examined?"I saw the policemen standing near the State ollice; I have frequently seen them standing on the corner of the Opera House and at the Opera House steps. The*e is one store between the Opera IIouss and the State office. I did not approach either Mr. Gonzales or Mr. Talbert, I was suspicious of trouble last night, and from the time of the appearance of the first article in The Register, knowing Mr. Gonzales not to l>e a man who take insults. I think, but do not state positively, that both Mr. Watson and Mr. Reynolds told me that if Mr. Gonzales and Mr. Talbert met there would be trouble. Mr. Watson and Mr. Reynolds both are employed in the State otlice; Mr. Watson as lo'cal editor and Mr. Reynolds as business manager. "(Signed) S. W. Rowan." Mr. Gonzales was then required to give bond until 4 o'clock this afternoon, at which time the examination will be continued. , t - 1 1 'n il ?I i -.1 KjOlOllVL 1 iilUfJL'b SLilf-tTU ell 111C Liuivj tiiai he was in the Trial Justice's office that he regarded the whole trouble as having been purposely brought about by a "Radical sheet," as previous to its attacks upon him there was no cause for any trouble. The Evening Record, commenting upon the arrest, says: "Since the publication of Mr. W. J. Talbert's letter in The Register yesterday morning in which the following reference to the editor of the State appeared: '1 denounce his insinuations against my good name as contemptible lies and slanders,' the public generally I have felt that bloodshed was imminent. All day yesterday every one was uu ma qui vive*of expectancy*" This statement, taken in connection with the sworn statement of the Sheriff, goes to show that there was some public apprehension of an impending ciiiliculty.?Register. Holocaust in I'enuaylvunlu. Pittsburg. Pa.. AprilA special j from Rochester, Pa., says: "In a fire j last night a large frame structure on! I New York street, belonging to .John F. ! Smith, in which was located the tea and coffee store of Geo. Edwards, the millinery store of Mrs. Ilall, the shoe shops and residence ofE. ). Keene was destroyed. A number of Italians lived over tue millinery store and all were burned to death." There have been nine bodies found. A Sensation lu Abbeville. Ciiaklestox, April 7.?It was discovered Saturday that the grave of Judge Wardlaw, who was buried near Abbeville eighteen years ago. had been opened and the collin broken. Tr e I body was undisturbed. Iiis wife's grave had also been opened. The mo} tive is not known. EDMUNDS EXPLAINS. The Farmers' Alliance Makes the Situation Inrerestin;T? Washington. April 12. -The Star recently published a two column interview with .Senator Edmunds upon the present political situation and outlook. As between the two great parties the Senator does not see any gieat difference between the situation now and what it has been for several years, but as to tne Farmers' Alliance the situation is one of extraordinary interest and importance because of its possible effect upon the next national election. The reporter asked: "What dangers to both parties and to the country are there in the situation V" "I do not think there is any danger to the Democratic party," the Senator replied with a faint smile. "For in this all is fish that comes to its net, or indeeS^nSfes^i^0 ^ net Farmers" AmanceT73K^he ^xtPresidental election if the FanByfi '!?5fflR!c? snouia carry many btates witnout Having a majority of the whole electoral college the simple result would be that thejre would be no election by the: people, as it is called, and the present: House ot Representatives, having a! very large Democratic majority of States i as well as members, would elect a Dem- ] ocratic candidete in a Constitutional] and regular way, although he may have carried the smallest number of States. As to the danger of the Republican] party, it is that the Farmers' Alliance j may'carryin the next Presidential elec-< tion some States that would otherwise vote for a Republican candidate, and i thus in ellect, if there should be no elec j tion by the people, give the election to j the Democratic candidate by the House ] t > ? ~ 4.yy UJL iiepre&euuiiiveis. "What do you think will be the issue j of the Presidential campaign parties V" j ' The Kepublicans will doubtless stand J by the same ground for justice and j equality of rights among the citizens of the I'nited States and fair elections and for the protection of American la bor and! industries that it has maintained hith-j erto." ! "Do you think silver will be an issue in the next election?" "I don't think it will be an issue between the llepublicans and Democrats, for I think that the Democratic party: will hardly wish to make the silver question an issue to the extent of running any considerable risk of separating silver and gold as coiu money for the country, and certainly the great body of the republican part? I am sure will not up to the noint of safetv. I have no doubt but that tlie Republicans will be in favor of using silver as money as it always has done. What the Farmers' Alliance platform, if it should nominate a cahdidate for President, will be I am quite unable, to say." ' How is the feeling of the union among certain classes to be met ?" 4,I think it is to be met as every other disturbance in society ought to be, by a j candid consideration, by correct infor-1 mation, just reasoning an I the enactment of such laws as may fairly appear | to be for the promotion of the general j public good. It is upon such considerations that every government of the peupie uiuao uc uctincu uu. "Is the third party movement likely, and if so, what might it lead to? Is communism at the bottom of it?" "A third party movement," replied the Senator, "does not exist in the Farmers' Alliance enterprise. If suceeessful to the extent of having a President and both houses of Congress, it would doubtless iead to the enactment of the mea-, sures they have already indicated, and then in a very short time whether those measures were good for the farmers or extremely bad for them would manifestly appear. I do not think that communism is at the bottom of the Farmers' Alliance movement. The percentage of communism in this country1 is, 1 believe, almost infinitesimally small. The great body of the laboring people of the country, which taking all the departments of human activity, emoraces prooauiy mneiy-nve one Hundredths of the whole number of grown up people who are altogether too intelligent and honest to think that communism will be of any benelit tothem or their families, but they believe that it is destructive of private rights, of personal prosperity and personal happiness, and it' carried into practice would effect the maintenance of the vicious and lazy and ignorant out of the toil of intelli- i gent and industrious people." "How might the finances of the country be affected by this movement?" 1 "The finances of the country always depend very largely upon the confidence: that people engaged in business and; ir. O /] pCUpJLC iiclVlliy VrtpiLai Udic iijl 1/iic au- i ministration of its government, 11 any of the movements of which we have been speaking should appear so formi- i dable as to make unsound legislation at all probable, ti.e finances of the country would be very greatly disturbed, and that, of course, would disturb every, branch of labor and business. This everybody perfectly understands." Fifty Lives Lost. St. Louis, April G.?Mr. John T> Farish, a well known mining expert' who has returned to this city from Col.; orado, says that never in all his exper- j iencein the mountains has he witnessed j anything like the snow storms of the j past six weeks. For eighteen days he j says he was snow boi nd in the .Red j mountains, near liico, (Jol., ana during that period was literally cut off from the world. The snow storm, which raged for weeks, started in about the 15th of February, and since that time the trails to the mines have been covered up and fully fifty lives lost by the disastrous snow slides that were of almost daily occurrence, making it dangerous for a man or beast to venture away from shelter. He reports that the great producing mines were completely shut olf, and that thousands of tons of ore arn awaiting the reopening of the trails. The Deiitlt of Got. Fowlt*. liALEiori. X. C., April 8.?Governor Daniel G. Fowle, wbo died suddenly last night, had been slightly indisposed for two days, but was notsupposed to be seriously ill. Shortly after 11 o'clock he called to his daughter Mary and said that he was not feeling well, and expected she would have to sit up with him. His daughter, Miss Helen, then went into his room, and in a few minutes he said,"! am fainting." She hastened to his side, but he almost instant'v expired. His death was probably from apoplexy. JJe was sixty years of age. 'l'ne capital, public buildings and the executive mansion will be draped in mourning. Raleigh is a city of sadness. Lieutenant Governor Holt has been telegraphed for and will be here to-day. Italiaiis Flocking: to America. New 1'ohk, April 2?Superinten-1 dent of Immigration Weber says immigration from Italy is rapidly increasing ?in fact, leadingthat of all*other countries. The ligures of March are: Italy, 7,W{); Germany, 7,0S7; Great Britian and Ireland, 4.3S0; Hungary, 3,5b(J; Austria, 3.3S4; Russia, 2,'.?2y; total 29,338. .Sixteen Hundred and seven iuuians were lanaeu at the barge otlice to-day. j | ITALIAN GASCONADE. | A LULL IN THE EXC1TENENT AT THE FEDERAL CAPITAL. The Views of Senator Butler 011 the Courg? _ * of the Italian Government In Recalling their 3Ilnister from the United State*? No War Probable. Washington, April 2? All quiet on the Potomac" sums up the situation at * ' A Vnfi Anrtl Ponifol f CAn o _ I LUC i^auuuai \jC*)JH,<i.L ivrux^uui kj*uc&tors Butler, Ransom, Vance, Represen tative Boatman and all the Southern Congressmen now in Washington condemn Ifaly's course. Senator Butler, when asked if he regarded Italy's action in recalling Baron Fava as justifiaole under the circumstances, repiied: "I do not. Mr. Blaine and Governor Xicholls have done all that their official positions permitted them to do, all that could reasonably be expected of them ^^jisaction of the Italian GovernL?r,f J ^JlSlweuch the appearance of. i i 11~, 11 sj 11 CIO T Ci V _ _ Ti ,. : ^^^icourse everr Italian gasconadT^? law-abiding citizen deprefj^^x^a^^^^^ fortunate occurrence in &ew Orteans^^^^^^ but the people of Louisiana are the best judges of their own environments, and can be trusted to deal properly with them. Neither Mr. Blaine nor Governor Xicholls is a grand juryman or pros- -\ ^ ecutor, and they have properly left the affair in the hands of the law, where it belongs." "Do vou think the Matia wili be again heard from ?" "That I cannot tell. It appears to be an Italian institution transplanted fn thic />Aiinfw Kn*? ?+ ~ ^:~"U v?vy wuuuij , uuu X\J uvco UUU UUULZSU here and will not be permitted to spread. Whatever means are necessary to eradicate it will be adopted wherever it shows its head, and the Italian Government may as well understand, first as last, that if Italian subjects come over and identify themselves with the Mafia they must take the consequences. How long do you suppose an American White Cap, Kuklux Klan or Molly Maguire organization would be permitted to ply their avocation in an Italian city on Italian subjects? Just about as long as it takes to get them to the nearest lamp post or nearest limb. One thing I think may be safely assured, that the course of the Italian Goqernment is not calculated to encourage the amiable side of the American character or CTTTYirkOfVlTT f r\ T? Tfrtllftw kjj j X\JL xiauau auujcuisd who use stilettos on the law officers of . this country in revenge for enforcing the law." "Will the present complications lead to war in your opinion?" "I do not know. I trust not. There is nothing in the conduct of our Government to go to war about, but if Italy is spoiling for a fight I expect she can be accommodated. Nobody here wants war, and nobody wants to be uiciatra to or ouiiiea by a foreign Government. If the subjects of foreign Governments are harshly treated by our people the Governments ought to do us the justice to give an opportunity to make amends. That proper amends would be made in due tim? there can be no doubt, but when an effort is made to drive us to a reckoning with indecent haste we ought at least to assert a becoming determination not to be driven." Senator Butler's utterances hare the proper ring, and he but voices the sentiments of his people in the Old Palmettt State as expressed in the Xews and Courier. There are no new developments in the Italian flury. The next feature of the controversy will be the reply from i>xari?uis linperiaii to me oecretarys letter of last night, which has not yet arrived. On it will depend much of the prospect. He may indicate bis inability to speak for his Government, , 1 having been left only in charge of "cursent affairs," in which event Mr. Blaine will take it for granted that diplomatic representation in this country from Italy is at an end, and will probably communicate with Marquis Di Rudini through Minister Porter at Rome. The note from Marquis Imperiali may bo delayed long enough for a cable message to reach Rudini from here and for a reply containing instructions to get back. This may happen within a couple of hours or it may take two days according to the temper of the Italian Government.?News and Courier. Wrecked on a Reef. , Xew York, April 2.?The steamship Aguan, of the Honduras Central American Canal Company left here two weeks ago with Warner Miller, President of the ^ icaraugua Canal Company and party who were going tojnspect the works. On the morning of March 26th the Aguan was wrecked on Pannacadorie's reef 200 miles Northwest of Greytown. Xo lives were lost so far as known. As soon as the steamer struck the reef a life boat was sent ashore. It reached Grey town on the 30th of March, and on the day following the steamer Brazo of the Moregan life, left Greytown to go to the rescue of the passengers and crew of the Aguan. The Brazo is expected hack at Greytown today. The Chief Engineer of the Aguan telegraphed these facts to his company's office today. The Plot Miscarried. Wheeling,W. Ta., April 8? Miss J| Amy Morgan, daughter of a Wheeling banker, was seized at her father's gate i by two masked men on Sunday night, ! who thrust her into a carriage and i drove all night. At daylight the girl, : who was blindfolded, heard one of the j men pounding at the door of a house. - ? , He came back and said: "We are here. i The game is up." The two had a con sulfation as to whether to kill the girl or let her go, and finally decided upon the latter course. The girl ran and walked ten miles, and then struck a railroad at Kilsey, 25 miles from home. She got back home at noon yesterday, exhausted. Jussrled Republican Victory. Providence, 11.1., April 3.?The election returns available at 1 o'clock this afternoon make it certain that there has ueeu iiu ciiuiue uy uie jjcupic iui au.j officer upon the general ticket. The republicans have carried a sufficient number of towns to give them the fiftylive votes necessary for a majority on joint ballot. The total number of votes for governor stands: Burton, nationalist, 384: Davis, democrat, 22,243; Ladd, republican, 21,895; Larry, prohibitionist, 1,829. The next general assembly stands; Senate, republicans; 21; democrats 9;?to be chosen 6. House of representative, republicans 34; democrats 23; to be chosen 19. Severe Earthquake. Quebec. April 2.?Last evening a violent earthquake here * is feltall along the Xorth shore of St. Lawrence and extended far into the back country parishes. Xews from St. Gabriel County, at Quebec, and other stations confirm the fact of a violent shock. Residents of Bonaparte state that the earth and dwellings there shook in that parish for several seconds and caused the inhabit| ants great alarm. ;\v* > :$