The Pickens sentinel. (Pickens, S.C.) 1871-1903, April 16, 1891, Image 1
ShE IC ris _ ________
V OL. X X - ~~~PICK EN S,S C , T IU S A
VOL. x1x1,.89. O.3
STORY OF THE COOSAW.
THE FIGHT NOW ON IN THE FEDE
MAL COURT.
Unexpected Appearance of the Attorne3
General-Laying Out the Lines of 11at
tie-The Argument of the Counsel Vrc
and Con.
CHARLESTON, S. C., April 8.-Pur.
suant to the order issued by Judg(
Simonton in the United States Circuit
Court on Tuesday, the proceedings on
the order to the Coosaw Company tc
show cause why the receivership cre
ated by the State should not be made
permanent were begun yesterday morn.
ing at 11 o'clock.
The Court was opened for the ordin
ary business of the term at 10 o'clock
but little was done, as everybod7 was
waiting expectantly for the arrival of
the hour when the cause now so famous
in the judicial annals of South Caro,
lina, should be argued. The opposing
counsel ap,eared in Court a few min
utes before 11, and taking their seats
at the long table just in front of the
clerk's desk quietly awaited the hour,
When the portly form of Attorney Gen
eral Pope appeared in the Court room
there was some surprise evinced by
many persons present as it had been
thought that he would not have been
able to leave Aiken, where similar pro
ceedings are in progress before Judge
Aldrich in the State Court. By travell
ing in the night, however, Mr. .P'ope,
and Mr. II. A. M. Smith, of counsel,
reached the city, and, accompanied by
Major Julian Mitchell, appeared in
Court before the appointed hour. They
looked as I resh and ready for anothei
hard day's work as if they had been on
a week's holliday, instead of being en
gaged in burning the midnight oil ovei
musty law tomes, studying up the
merits of their position.
IN BATTLE ARRnAY.
These gentlemen occupied seats near
the door. while at ths other end (f the
table sat the lion. Augustine T. Sinythe,
Mr. Louis DeB. McCrady and Mr. T.
W. Bacot, counsel for the Coosaw Miin
ing Company. The tables were crowd
ed with law books, an(I a half dozon in
evitable "green-bags," crammed with
heavy volumes, peeped out from inder
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
that might. be raised by the opposing
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 in them
There were, however, se veral members
of the Charleston Bar present, whc
listened with great interest to the ar.
guments as they were presented.
OPENINO FIRE.
Judge Simonton was en the Bench
before 11 o'clock, and as the hands of
the big Court clock crept around to th(
appointed hour Mr. Smythe, leading
counsel for the Coosaw Company, arosi
and informed the Court that, in obe
dienee to the order of the previous day
the defendants were present and ready
to proceed.
Attorney GEneral Pope read the fol.
lowing, which was flied with the clerk
A PLEA TO THE JURISDICTION.
"And now comes the State of Souti
Carolina, plaintiif above named, by the
lion. Y. J. Pope, Attorney General of
the said State, and appear herein fox
the purpo3e only of contesting th(
jurisdiction of this Court over the
above mentioned cause, and the legality
of the attempted removal of the same
from the Court of Common Pleas fox
Beaufost County, and for no other pur
pose whatsoever. Y. J. Pope.
"Attorr.ey General, State of S. C."
MUTUAL EXP'LANATIONs.
Mr. Pope then called attention to th(
remlarks 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 official capacity. He disclaimed
ever having received such a letter,
either individually or as Attorney Gen
eral. After mutual satisfactory ex
planations between Mr. Pope and Mr.
Smythe, the latter gentleman called at
tention to the fact that the paper intro
duced by Mr. Pope raisedl immaediately
the question ot jurisdiction, and re
qluested Mr. McCrady to p)resent thE
argument of thle defendants.
AIRL. LOUls D)E B. M'CIRADT.
Mr. McGrady began his argument
promptly and appJliedl himself to the(
points In issue without any introduc
tory flourish of trumpets or rhetorical
effort.
There were, he said, three iconstitu.
tional questions involved in the cause.
The tenth section of Article IV of thE
2onstitution of the United States pro
vided that no State could by any legis
Jative act impair the obligation of its
contracts. Under an Act of the South~
Carolina Legislature a grant had beenm
made to the Coosawv Minling Company,
under wvhich it claimed an Iieiilnite
and ex(lus5ive license, oin certain conidi
tions, to mine rock from the Coosaw,
River, opposite to andt slouth of C~his
elm's Island. Bly another Act passed
on D)ecembe'r 23, i890, a board of phioM
phate commhlissionlers was created, and
the Act provided that tile boardl should,
on and after March 1, 1891i, take pos
session of the Coosaw territory, and,
further athorizedl theO ioard to isst(
licenses to other parties to miine ini t hlis
river. On the 21st of March the Stat&
of South Carolina fled a complaint in
the Court of Commoi Pleas of lcaufori
County, asikinlg for an injunctioni re
straining the Coosaw Comipany froin
asserting its rights to the territory and
from mining rock within it. There is
no reference ill the complaint of the
Act of 1890,) but without the Act thme
board would have had no existence
The wrongs charged against the Coo.
saw Company are the wrongs set forth
In this Act, and nowhere else. .In this
suit the Coosaw Company has filled i
p etition for a removal to the United
States Court, and in regardi to juirisdic
then It must be shown by the defen
dants that there Is a Federal qluestion
involvedi. Is the petition for renmoval
a pleading, and can a Fedleral qjuestior
be set forth in that petition?
In support of his position Mr. Mc.
Crady quoted numerous authorities
among them the Gold Washing andii
Water Company vs Keys, 9)6 U. S., page
202, which he referred to several timei
In the course of his argument and read
from at some length. In 121 U. S., page
482, in the case of Carson vs D)unham
it was held that where the petition was
defective It might even be amended tr
make more plain the point of jurisdic
tion. Hie quoted further from 122 U.
S., page 517; Mayer vs Cooper, 6 Wal
lace, page 252; Railroad vs Mississippi,
102 U. S., page 140, and a further
lengthy list of authorities.
Section 10 of the 4th article of the
Constitution must be construed for the
purpose of seeing if the act of Decem
ber 23, 1890, is embraced in its purview,
but a further constitutional question
than this is involved. The 5th article
of the Constitution provides that no
person shall be deprived of his proper
tv without due process of law. The
Coosaw Campany claims that it has an
indefinite grant under certain condi
tions, which it has fulfilled, but the
State, notwithstanding this claim, has
passed an Act seeking to deprive the
company of its property without the
process of law. The "due process of
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, 1890, contem
plated nothing of this kind. In the
definition of due process Mr. McCrady
quoted Bump on Constitutional Decis
ions, page 350.
Under the Act of 1890, if any one at
tempted to mine in Coosaw River with
out a permit, his property was imme
diately forfeited to the State, and the
State was authorizul to bring action
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. Further
more, the Act of 1890 practically re
pealed the Act by 1\arch 20, 1876, by
which the grant was made, and the re
peal took place after the Coosaw Com
pany had spent vast sumnis of money on
its 1plant, and its great proporty was
thus to be swept away without any re
dress from the Courts of South Caro
lina.
On the subject of the State being a
plaintiff, Mr. McCrady cited the cases of
[Zailroad vs Mississippi, 1o. U. S., page
110; Ames vs Kansas, 11 1'. S., page
462; Tennessee vs Davis, 100 U. S. page
269; Stone vs South Carolina, 117 U. S.,
page 269; Stons vs Soth Carolina, 16
S. C., page 544; Earker vs lowman, 8th
S. C., page 388, and many other author
ities sustaining the same point.
ATTORNET GENERAL POPE.
Mr. McCrady was followed by At
torney General Pope for the State. In
beginning Mr. Pope submitted the fol
lowing suggestion to the Court:
"And now comes State of South Car
olina by the lion. Y. J. Pope, the At
torney General of said State, and gives
the Court to understand and be in
formed that there is now pending and
being beard before the Court of Coiiimon
Pleas for Ileaufort County the question
of the ordering an injunction and con
tinuing its receiver undjer the rule to
show case in said case in said Court
made and returnable on 7th April,
1891, and also on the question of juris
diction of such Court.
Y. J. POi'E,
"Attorney General,
State of South Carolina."
Mr. Pope, after some introductory
remarks of a personal nature, said that
in the argument of opposing counsel
lie had detected two errors, one of leg
islative history and one of State and
judicial history. It was news to the
State of South Coralina that the Coo
saw Company first saw the light in
1871. It was the child of an Act of the
28th of March, 1870, he said, and, con
tinuing, he gave what lie claimed was
the history of the provisions of that
Act.
Mr. Pope's style is impassioned and
earnest, and he referred at some length
to the action of the Coosaw Company
in, as.hie expressed it, ungratefully dis -
avowing the State, its mother, and quo
ted Shakespeare and several other au
thorities to sustain his position on this
point, HIe asserted with much warmth
the determination of the State to give
and to claim what was right, and asked
what the State had done that the deC
fendant could come here with such
loud complaints. Hius remarks in this
part of his argument smacked strongly
of what might be termed sarcasm, and
his references to opposing counsel as
"thnese young men" caused some amluse
ment to those gentlemen. The State,
lhe said, had bowed her sovereign head
to come into a Court of justice, and the
people of South Carolini felt it acute
ly that this mining comp)any was not
satisfied with the righteous conduhLct of
the State and sought to inject delay in
the proceedings, and thereby induce a
compromise. lie wvantedi to disabuse
counsel's mind of the idea that thne
State would consent to anything lhke
this. South Carolina was neither poor,
nor wanting In spirit, and no concaten
ation of events couldl procure a comi
promise. The State hadl been ihsulted,
and her laws shall be vindicated, and
this creature of hers(the Coosaw Coin
pany) made to respect her. No power,
save that of the Unitedl States Courts
couIld stay her right to make this crea
ture bow in submission to her righte
oulS will, IIe here paid a lengthy tib
te to South Carolinia, the Ui nited States
a:n. I Chief ,Juistice Marshali, anid the
Federal Co,,is.
Thelm filing of a petit ion and bond does
not conist itute n. tansfer of a case, ho
sid. it is lihe duty cif a suitor who
wishes a traust el to appear ini the State
Court, and settle tihe matter tihere, arnd
aniy other counrse indi(icated( a lack of
courtesy t,oward the State Court. (On
thme point of the Unied Stat-s jurisdic
tion1 bingi~ putrely statutory, he read the
Act of Congress of 1887 amendamory t,o
the Act of 1875, which latter Act, lie
Maid, was fraught with great msischmief
andl arrogance to the St1ates. Every
case citedi, lie sid(, by the opposing
counsel had been diecidled un rder the 01(1
mischievous Act, andi not one uInde(r
the new Act of 1887. Under the law of
1887 the Court was compelled to con
fine itself In such cases to the com
p)laint filedl In the State Court. Tids
was not true under the 01(1 law, and it
was there that the difference bet,ween
the Acts of 1875 and 1887 appeared.
The petition to this Court stat,es no
facets which raises a Federal qjuestion.
Ferom the beginning of this case the
great cry on the part of the defendants
had been the great amount of money
that they had p)aid to the State, but
they said nothing about the money they
had made out of the Coosaw River,
.i'he amount they paidl to the State was
only a part of the value of the State's
property.
lie asserted that the State could not
grant in perpetuIty to a few persons
the exercise of rights which belonged to
all her citizens, A ny such Ac of the
Legislature is repealable. On the prin
cipal of eminent domain, the State can
take the property of private citizens
and appropriate it to rights of way for a
corporations, such as railways, canals,
etc. But she holds navigable rivers
and the soil beneath them in trust for
all her citizens. She holds them as a a
sovereign, and any act which gives
them away can be undone by a subse
quent Legislature. In support of this
he quoted the final decision in the
famous Louisiana slaughter house case,
and argued that a Legislature could
not bind another Legislature to such
grants where the whole people were di- 1
rectly interested. In reply to a ques- i
tion from the Court, Mr. Pope ex- i
plained more explicitly that he held t
that where an Act was passed by one j
Legislature confining public rights to a -
few individuals, a subsequent Legisla- t
tore could annul it.
GOINO INTO ANCIENT HISTORY. I
This company may flourish, he said, t
but in the end it would be overtaken. j
Charges had been made, though they
may va unti ue, that the inception of I
these matters in the Legislature were I
not handsome-i will use no stronger
term.
Mr. Smythe: '-Now, If he wants to re
fer to those things, let him put them <
in the pleadings, and we will moet him I
now."
Air. Pope: "I will not refer to these
matters if the company behaves in a
seemly manner, but if it does not the
strong arm of the law will catch it by
the nape of the neck and swing it clean I
out. We will try to avoid it, but if i
necessary will do it."-News and Cou- I
rier.
Argument at Alken.
AIKEN, S. C., April 8.-Judge Al
(rich, in chaimbers, continued the hear
lug of the argument to-day on the peti
tion of the lhosphate Commission
that the adpointmient of a temporary
receiver and t lie temporary inj unction
of the Coosaw Coinpany be made per
manent. The State was represented by
Col. Robert Aldrich and Mir. G. *S.
Alower, and the Coosaw Company by
Gen. Edward Alc('rady and M1r. A. M.
Lee. The hearing coimmenced at 10
a. in. and continied until 2 p. Im. A
recess was then taken until 3.30 p. i.,
when Ilhe hearing was resumed. It
was concluded at 4.3( p. in. Messrs.
Mower, McCrady and Lee left for
Charleston on the night train and Col.
Aldrich returned to Barnwell.
The matter is in Judge Aldrich's
hands, and his decision as to whether
he, sitting in chambers, had jurisdic
tion in the case, and as to whether the
appointment of a receiver and the
granting of a permanent injunction
may be expected in a few days.
Ar. Mower, in opening the argument
addressed himself to the task of prov
ing that Judge Aldrich had jurisdic
tion in the case. In support of his
views he quoted liberally from lav
and precedent.
Col. Aldrich followed for the State
and Gen. McCrady and Mr. Lee for
Coosaw. The tine before dinner was
taken up in arguing the question of
jurisdiction. After dinner the argu
ments were on the appointment of a
recolver. Col. Aldrich said it seeied
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 bur
dens to the taxpayers. It appeared that
his Honor should issue the usual order,
confirming the order issued appointing
a temporary receiver, and continuing
him until further action of the court.
lie thought there is no reason why
Mr. Brooks should not be appointed
receiver because he is a clerk in the of
fice of the Secretary of State.
Gen. McCrady-"Wonld you think it
proper to appoint a Coosaw otficial re
ceiver ?"
Col. Aldrich--"Yes, if it pleased the
court."
Gen. McCrady then suggested Mlr.
Moses E. Lopez for the position, lie
knows more about phosphates than
any other man in this State.-The
State.
School Examiners' Recommiendation.
COLU'MBIA, S. C., April 8.--Tho ofli
cial report of the proceedings of the
meeting of the State board or examnin
ers Saturday is given to the press this
evening, it was dlecidedl that all man
uscrip)t histories of the State to be sub
nitted must be presented in type writ
ten copy, and that thme manuscript will
le accompanied with some Indication
of the proposed arrangement of the
text, the style and cost of thme book.
TIhe board dlecidled that the form of
county teachers' certificates shall be
changed by the aidition of matter
showing the holder's experience as a
teacher, and attendlance on the teach
ers' institute, proper credit being
for them. The board decided to have
the State (divided into suitable districts
for the holding of teachers' institutes
this summer. TIhe (detailed wvork for
arrangement was left to St ate Supeirin
tendent Mayfield. A resolution was
passedl urging the county hoards to re
dIistrict their counulties in suiitab)le
school distr-iets andi press the levying
of' a special school tax un mder the pro
vision of the school act of 1888 in all
propier cases.
Couinterf'it Curr-ency.
WVASII IGoN, April 8,- -Assistant
Unitedi States TJ'zeasurmer' Whlelpley
stated this mnorninig that thiei'e was no0
dloubt that a couniterfei't of the $2 sli
ver certifIcate was ini cirictilation. As
fast as thme $2 silver cer'tificates; was
recei redi at thme Tr'easurmy D.epart menit
they were destroyed, but no oider hadi
yet been issued calling themm In. 'The
1priting of' $2 silver certificates fr'oni
the 01ld plate had beenti suspend(edl. Tlhe
new design will hear the portrait of
Secretary WVindom, insteadl of that of
Glen. hlancock. It is said that the new
issue of .82 silver certificates will not
be p)rinted( until Secretary Foster de
cidles uption a dlistinctive paper upon
which to print all treasury notes, bonds
and securities.
'A Pnre Matter of Liaith."
WVAsmi INO'TON, April 8.-Senator Ed
mumnds, who sent hits resignation to the
Governor of Vermont a few days ago,
wvhen asked for a statement of the rea
soins for his resignation, said: "I have
resignled from personal considerations
solely. it is a pure matter of health.
I cannot live in Wasnington during
the winter. I suffer from th roat trouble
aiid the clinate is too severe. I hold
that a senator shiouhld attend to his du
ties, and if I cannot remain In Wash
lngtoin constantly, I prefer to resign.
I shall spend t,hie winters In Aiken, S.
C., visitineg W~ashingtoni occasionally]
to attend the sessions of time Supreme I
Court when I havo business before It,"
TILLMAN AND NOBLE.
'HE AGRICULTURAL COLLEGE FUNC
TIED UP STILL.
'urther Cor'respon(lenco netween (Gov
ernor Tillman and tie Department o
the Interlor-Congresm Will linve to do
elde the Matter.
COLU*ttiA, S. C., April 7.-The fol
wilng is the last letter from the )epart
nent of the Interior to Governor Till
nan in regard to the equitable (listribu
ion of the fund last year given by (on
,ress to be divided betweeni the -hit
aid the colored agricultural colleges o
he State. As will be seen by it the De
>artment of the Interior adteres to itI
dea of what is an "e<Iuitable" distribi
ion. "Governor Tillman's reply wa
nailed yesterday, and a copy of it wil
LIso be found below. Ile, too, adhlere
o his previously stated viws, aid st
he whole matter lies over for the coi
ideration of Congress at its next ses
,ion unless the Secretary of the I terio
hould in the meantime conclude to ae
opt the basis of distribition provide<
or by our Legislature at its last sessionl
DEPART31ENT OF THE IN TnEON,
WjrAStIIN(rON, Iarch 21st., ISl.
You. It. j?. RTil mu u, (locrilor of' No'mf
Carufolina.
Sin: I have the honor to acknowledg
lie receipt of your letter of the lt1
nstant stating that your Legislattri
iaving acted and adjourned ut il No
'ember the question of the eititabh
livision of the fitndils appropriated fo
tgricultural colleges by ti A t of Con
,ress, approved August :;I, 1 w , is ni
onger ati opei one so far as I State
;oulth Carolinat is coniceriedl, am(t ('1
juirimg whether the Sveret ary "refust
o pay South ("trolinla hl quta lipm
lie basis proposud by the t(eral As
emibly, ai if so, wihtel ht insist
hat the school popllatimn, as iown 1e
he celisis of 1 ,j ilisteal 41f 11, ;a
0,overin?
In answer to the first pai I:~ the i;
pIliry I haINv the honlor to vall your al
ention Jo the provisiols of te statil
t provided in t li irst sect ion
"That in any State in which i lere lo
)eeli one college establisheIi inpursu
mce of the Act, of .1Jtly 2, I l2, aid als
]I which an edlucatioiial inst il lit ion (
ike character has bteii established 4
nay be hereafter established, and is lmv
kdded by such State f'rom ;ts own reve
mue for the eduication of cilored stu
lents in agriculture and the tiechanli(
trts, howeyer naued or si yled, o
vIiether or not it has receiveil iont-,
ieretofore under the Act. to which thi
ket is an amendment, the Legislature o
mch State may prepare aid report t
.he Secretary of the Interior a jist, an
quitable division of the fund to be rt
2eived under this Act between (ilt' 'ol
lege for white studenits aid one istiti
Lion for colored students established a
tiforesaid, which shall be ditled iit
two parts aid paid accortdidgly."
-;ection -1 provides:
"That oi or beforo the first day of .) ll
in each year, after the passage of 1hi:
Act, the Secretary of the Iiterior slia
iscertain and testify to the Secretary o
thie Treasury as to each State aid ''ei
ritory, whether it is entitled to rVheiv
ts share of the annual appropriatio
lor colleges, or of institutions for co
>red students uider this Act, and thi
tmount which theretupon each is enti
led respectively to receive. If' th
iecretary of the Interior shall withliol
, certificate from aiy State or 'l'erritor
of its appropriation1, the facts aid re:
ions therefore shall be reported to th
President and the amouit involve
ihall be kept separate in the Treastr
intil the close of the next C'oingress i
>rder that the State oir TIerritory m ta'
f it should so dlesire, appeal t o (Congrei
prom tile determination tof the Secret ar'
)f the Interior. If the niext, C'ongres
ihiall not diirect such stilm to be paid,i
uhall be turned into the 'l'reasuatry, an
hle Secretary of thle Interior is htetreb
shiarged with the proper adlminiist ratio
if this law.'V
it seems evidlent that while the Leg
atture may p)rop)ose aL division oft th
'und( betwecen the two inistitutions, it i
nadle thet dutty of the Secretary to pas
11p0n the eqiuitableness of' the pIroplose
livisioni. Ini all but a very fe w inlst aniet
vhtere a slight variance was adtimit te
lie Secretary has insisted upon4)1 a di vi:
oin on ihe ratio of thet school popiulat 101
md1( this seems to b~e thte mo05 st iital
imid uniform basis that (can b Ie adopte<
[n tis case he~ sees 110 r'easont' t'recetd
~rom his convictionts t hmt equIity dli
nandsk a di visioni into t he ratio of t h
In antswer' to the14 se'ontd part of t h
niquiry, I have to state th1 at. whent yo
veire writtent to oin the sutbject , ,i annt ar
I1, 189l1 the school ensuts for St ;ite<
southi darolinla fotr thie year 1t 0 wt~l
iot availablme, and1( thtt c'(nsus1 of te5
'ent., was sumggested as an emtnit ath
1asisiot divi55si4o Th ft-prt mnt
Ithe divisitit shciubl he hId po t10 if
latter' etiuntnrai in. \'ery rep et fuly
e\t ng '''rt iiry.
(cfiv1:l0. Noil fti ii .\I ai::iiv
ILo t. Nt .bl,t ('Itcw//rar .l'/i:ui~ In I
ttl/t i or,'t b li'urs s n ;/ot.tV' />, i. 1
ego: li hve beie-fin tit eimctl wc iib
Atectlt i yourt,' e tet .\ae (Ila,
rely (co yletir WI eitn .hn W. Nf
onse, atFbruaryr 1(h. \s ') I wr
)t ther. Noleior I(tsterl ittosemlth
pronks(i iano ea dmiv bis of ir y' ii
tmtotede i Congress yea "f.1
futheretndoowenctg nd tupporttsf a i
ame forr to seeit o'iltf gri ! ret;s
Al griulur al' tollege(whi tt e andor Clall
nolgosoed).y tWetate. s divi
~ro i hiae ior ntorty as proi Ii
.hef htad,t anwd tee tthe toecrto
li te Ioneio hash teri ht ItS 1 4 refm
Soatuth ointa enuta b'iecase s
eimar to Ie untifi Cortss meet s.
,vith itsclo colegat the li'asa
eslg amsor comienity ripleny iefs:
rone pper.yteSat.. G
GIRLS SAVED THE TRAIN.
1ht they 1'3inacd the Wreck Thetnolves
-1gus HIieroines.
F a.: i.:1101.1> .N. J., A pril 12.-Ano
ther chapter was added to the story of
,aura and Flora Woolley yesterday.
These ,_irls are the twinl sister* who
piled ties ou a rail road track near Farmn
Ini.dalc last week, antI then fla"ged the
train. hoping to get a large reward.
Their ruse was discovered.
Laura has been geatly agitated over
since the inattei becaie public, and yes
terday she Went to her bed-room and
prepared to eud hier life. She tied one
end of a stout rope to a hook in the wall.
and with the other end she iade a noose.
Then she mounted a chair, placed the
n1oose around her neck, aud prepared to
swing hersell' off into eternity. She
spratng from the chair, and was strang
lin when her sister Flora ruished in at
the door and rewetied her. The --irl is
apparently not inuch tho worse for her
experihent, and her friends and rola
Lives will try to persuade her that there
Io easoti wIly she should not con
tiliu to live.
The attelpt to wreck the train oc
:curred on Monday of lst week. As the
1 ).:u p. Im. express train from New York
to Iakewtod, on the NOw Jersey South
tiern rail road, nearedi a deep cut at liIen
dricks4n's switch, live miles from Lake
N ood, a yun. g:rl ran down the track
franit ically waving a rel fag. Engineer
Williamo Nori.son put on the brakes, and
the train stopped but a few feet from a
he I iI tie. that had bwvtn piled across
the traick.
"I w twk t t put thei there :141
]'Ull 11, t h O w od , the(-.il1 k,ap
-~~~"I( retya :ta ivtelinew. -'.1d r.ul
(.1 iteu 'iti en. it rI 10i- ' up :. collec
- lion th-'a %v;t, rt the :l t)
th > itit e it |11 ; ti I in;i,
n1ltiiltt I U;41 0o I iou' l lI?V
r el : a L rollkte.
(i(or!_ -i, ;h! e ;t b eho s.
c()jbM n1t -Cle.w o s c hemlit
M01b1 be ph.twwd ill Ha'i ! int,
TIui - were nIIot tuierlcl . ;Ut the lew
huii a l ii m t ~ vicini nii wi~tt Nell
11-lmv?l l : ! abov4 Altiu. . little
SIe a ,ab'ncomlincod hh1 l1t ha 10 :h:e
tret noW at'ed ar to w ir*e1k t! tain.
r1x> nply e vi inlefd ;. it cmisil
Of'thv "h1cr4)inc Iofa dat\,'' who Ibtalinled
- mlrli her a1 c 's i uth t -1he Iid le r
-ister:l- 1 d h,1ined a1114 ca:rrive,d mut thm
scheille to enlrithi a sleitlr Ilr-;e, .111d
illlt1ei tallv to win a lit til liecmi . re
ivo. ThIe gil who hIa waved the
t.nl was ttne tf the twinl sisters, h'l'ira
antd I ura, du'lter it ( W;eor \ool
Iey.
'he Mi-'es WoIles were inl a ad pro
- dicament at tie di,scoYcry of their. plot,
'lThey ha lheard their lIther reald ill tie
I l.T;-pelTs, they said. of a _,irl who huaI
0 !aved a trail - glory, AnI tie idte.
sug14 ested itsfItf to 1te11 that th e salmie
tling couli he dmne tor loney. Teli
I I t d c ri1.-etd the. ties to the track andl
sei thoir younger br(other, "Bud,'' to
the lou.ise for a sit.al flag. The stbr%
about the Ilell inlaking for tIe woods
mws persisted ill until lr. 7ir rung.
1 a col ule.ssion 11roli thetm.
Allioncem in Evory State.
.' asn li N 'ToxN, A pril S.-Hekpresen-.
e tative derry Sitm pson left the city yester
t day Ior Olean, N. Y., to spend the next
y ten days ill the work (f prosel * \ting the
- tarirs ol Wnstern New York. 'hie
0 tinl lecturer f tle Alltane, Mr'.
I Willitts, also left yesterday atternoon
Y tot Nw Jersey, where he hopes to
awakenl conIsiderab)le interest ill thte Al
l.Iaine cause. lIe has already made a~
.iouirney ott to (.h ic :1111I sowni thle seed
fromi whliebh oei ag crop of Al
l 1ianices will gro Iw . Thllis atctivity on the
1part. ot the A Ilianco leadom s, utcordmig
t) Senuatori l'eIler's statement tona United
Pr 'ess reporter, is due to the Itct that a
mov0elnent is on l'foot 10 carry the Alli
aniec ideaIS into ( every State ok'the U nion
0 b eforie thte next camlpaignl. Senator l 'ek.
S Ier also spokn h opef ully of tile oett r-.
entec to be blel ill ('in cintiliti on t.he 19 fth
\f May, ioul said thtat it was the foireruni
uer of flhe organIizhat!in of a necw party.
Thie effect, of thio ie'enit visit of lIepre.
'Centaittie Silnpson! to New Enughioitl is
hiers of biothi the I tlfubicani and1 1 )eiIlo
e (lratie ltirttie ill New llIi ipshIire.
SI oth Iath: t ther'e have dliscovyered how
t.q<iially dividhed the vote is, atiti it. would
tnot take miany conivets to thte A fltance
e iltens ti ive the thirdt Party thie btaIlce
Iof ptowerC.
I'. T. IHarnea mtiles.
s f'i it i*D :t''1:T, ('onn.. A pirl 7.--Tlhe
Sawa it I tlc Ii bia tllin i!t1 tt
Ii the j li i of I Itli i t lity b-O
I i n :nto l Ise titjlemen t to ti . t p ittiti
I..
fl:t iIIc' a et enittn ic t e r' g o
- 't'.wi i as oi iilen ii i fredany tihn'
whothrust l he i -io cwtrnId V; and
kntva al i igi. ,t d n;Iih n t>le girl,
ino wa ..it i foldh:ed, hueti phyi ot that
iie Ilitn f: ig b.t the door no.-a lose.
'Ih .ai iA tip::: 'le twoha a Ceroon
sutai ast whthe to klillNth ilr
3tal laer Cttli ho.e 'Iie gIr a n alnd
wlke. eiu. wand i'tI |inn truck a
raktl aht ]trilnny b; iles romul hoe
wh:itet. var, nie dhat flOt et,werdb
ha |t elalttet frt.pas e
EDMUNDS EXPLAINS.
The Farmers' Alliance Makes the aitum
tion Inreresting.
WA$JINOTON, April 12.-The Star re
cently published a two column interview
with Senator Ediunds upon the present
political situation and outlook. As be
t ween the two great parties the Senator
does not see any great difference be
tween the situation now and what it has
been for several years, but as to the
'ariners' Alliance tiesituationi is one of
extraordinary interest and importance 1
becalse of its possiblo effect upOlnil the
Inext national election. The reporter
asked: "What dangers to both parties t
and to the country are there in the (
situation ?"
"I do not think there is any danger
to the 1)emocratic party," the Senat,r
replied with a faint smile. "For in this t
respect all is fish that comes to its lt,
or indeed goes iito the net of tle
Farmers' Alliance, for the next 'resi
dontal election if' the Farmers' Alliance
should carry many States without hav
ing a majority of tle whole electoral
college the simile result would be
that there woild be no election by tihe
people, as it is called, aud tine present
Hfouse ot Representatives, having a
very large lDenocratic majority of St ttes
as well as inembers, would elect a )eI
Ocratic caldideto in a Constitutional
and regular way, although lie may have
carried the smallest number of States.
As to the danger of the l4epublicai
party, it Is that the Farmers' Alliance
may carry in th next Presidential elec
t ion Some States that wvoild otherwise
vote for a l,p3iblicanl candidate, aind
Ihus inl elffect, it' there should be no elec.
Gimn by til people, give 1th election toI
the lmiocratic vatididate by the House
tot I"-presentatives.
"What daIt yoti thiniik will be the issue
44 t l' President i ial v;inimigil parties?"
"'i t e Ihruballji:iis will doibt less' staint
by tht, s:mle o'miuld fI' justice and
e .ial!)it yof right 111 in lig tlie citizens of
the (IiiteI States and fair elections and
fao'r i pri'at ccl i'an oft .\iericanr la bor:rnii
il)ilist ties t hat it hns mIaintained hith
'rt a W
I ) you thii,k silver will be an issie
in fhe iext elect ionl?"
I daIn't I hinik it will be an issue lie
I ween t iv kelpliblicanls and )emtocrats,
fI'r I thiink that the I)eiociratic party
will hiardl wish to make the silver(gties
tio1 ill issille ta the extelit. of' unni
:11V ctsiderable ris if separatilnivg silva-r
and gold a.s c()iti lmllney14 for tihe% coint Iy.
and cetainly tle gieat body af thn
Neiublican party I atm sitre will not Ip
to I 1hli pmilt ()f safety. I have mo doutt
but that t le Iepliblicalns will be inl fav'or
of lsilng silver as money as it, always has
donia. W hat the F armers' Alliance plit
foriml, if it, should mominillate a cahdidate
foI' 'resideint, will be I aim (Ituite tiable
to say."
"low ii tle feeling of the unin
atmnig c-taiti classes to be muet?"
"I t iiiik it. is to be luet as every other
Alistrihance inl society olight to be, by a
candid co4nsiideratiio, by correct inifor
mat ion, jiist reasoniig an I t he enact
ieitt of such lav s as may fairly appear
to be flor t ho promotioi of' the general
p.it blie go(([. I t is upon such colnsidolra
tins that, every g(verinItnent of tho
people in ist, bo carried on."
"is the third party luovement likely,
anad if so, what, Imlight it lead to ? Is
coinimisin at the bottom of' it ?"
"A third party movemnilt.," replied
l Senaor"does iot exist inl the FamIi
ers' Alliatnee titerprise. If sicceessf Il
to the extent, of' haviig a 'residetit and
haoath houses o" C'ongress, it would doht
less lead to tie eniiactment of the iea
sures they have alread3 indicated, anl
then in a very short t m whether those
lueasures waere good 'or the farmers or
extiremely bad for' thtem woui1ld mni
festly applear. I do niot thnink that
('onunif lstin is at the bot tom of the
Sairmetrs' A liice moveimenit. Th'Ie per'
ee ent age of' comm i i uni ini this cotinitriy
is, I beil ieve, alimost in liiiitesi mally
sianall. TJhne gr'eat body of' thne labor
ing pneopule of' tine country, which t akinig
all t lie depart ments of human act ivit y,
einb races prob)ably niinetydiv e otne hn- n
dr'edthms of the whole nutunber (of grown
nil peaople whota)are altogethier' too itntelli
gent and hionnest, to thinik that commnil
ismn will be of' anty benefit tothnein or' their
fa tn ilies, but t hey believe that it is des
raict i ve of' priv'ate irights, of' persotnal
prosperity andio personal haineCss, annd
i f car iriedi inito paractice wouldi effec the
natint'ianice aof thei viciaous aind hazy
anda igtnoirant aout of' the toil of initelli
"'l mw mtighit the fitnainces otf the count
tr b' le atffetdb hs oenn?
"Tihie finiainens of tine couintry always
adIeipen d very lar'gely iip~on the coidenil~ ce
.hat p eop le eingagedi itt bulsinmess atnd
peop le h t avintg ('apital have ini th adt,w -
ininiistirationi of its gover'tnment. If ainy
oif the movemen'ifliits of' whvaich we hna 'ea
ben(at s4peakinig shiouill apeari so faormii
dial e as to anake unisoui ( legisltion at
all prtobnabh-, tic tinainces of tIne counti ry
aanib I be very greatly dhisturbedai, aunt
t i a al,of coinirsa, wa liidadist ila e\a-ny
lirait('h f n l nitnat i11(t blinsit's-s. TI: s
Theaa nh';ain h ,f (inav. I'ma1it.
I :lAf;llni. N. C', Apil N. (IOvernitor
I iami'l G. F-owlea, whota died sinbletnly
hinst ig4ihtha b'tn slightly indaispnose'd
ior' t woi iday s. bunt wasi nit suppomased to
baa seriioiusly il. Slaortily iatr It o'claock
he in a!!ieal to his daghiter .\atry ami sahil
tinat ha was anot, I tel in g wel, amnd ex
;'etedf she wonul hnave to sit, upl with
lhmit. II's dauightetr, .\iss I helen, titen
wentl i ttn his rnomi, atnd ini a few tmniti
alias hie saul, "I att fainiting.'' She has
ta-nod tan his shIde, bitt lie altmost, inistanit
ly e'xpnired. II is dleath was priobatbly
1111 roi pleIxy. li e was sixty years of
agi'. '-iT the aptal, public bili ngs amid
tihe eeut i ve mlatnsioni will he drapead
in111 mournIing. llaleighi is a city of' sad
ness. h,ieintenanit Governor IloIt, hats
-aen telegraphed for and will be here
ta at ay.
liroake' 1oth ilanats.
SPa' iKANt-s 1" ALLs,WAsHIINGTVON, April
7. A horge WVebberi, of St. l'aul, anid
Voiung l)empsey, of' California, lighlt,
'veighits, fought seventeeni rounids be
tore~ the Athletic club last night foir a
puir.ae of $500. At t.he end of the sev
enteenth round D)emnpsey threw up thno
fight, the bones in both his hanids hay
inug been broken.
A Sensationm In A bbevlie.
CH A iLLSTiON, April 7.-I t was dis
covered Saturday that the grave of
Judge Wardlaw, who was bunried near
Abbeville eighteen years ago, had bneen
opened and the cotlin broken. Tr.e
body was undisturbed. llis wife's
grave had also been opened. Thle 11o
tiYA is not known.
ITALIAN GASCONADE.
LULL IN THE EXCITENENT AT THE
FEDERAL CAPITAL.
[he Viewg of Senator Butler on the Course
of the Itualin Gxovernment in Itecalling
their .11hiNter from the United States
No War Probable.
WAS1ING ToN, April 2.--All quiet on
he Potomac" stums u the situation at
he National Capital to-night. Sena
ors Butler, Ialsoin, Vance, Rteprosen
ative Boatman and all the Southern
'ongressinen now i-i Washington con
lenin Italy's course. Senator Butler,
vhen aske:l if he regarded Italy's ac
ion in recalling laron Fava as justifi
ule unler the circunmstances, replied:
"I (o not. Mr. Mlaine and Governor
Sicholls have done all that their official
)Ositionli permitted them to do, all that
:ould riason-Aly be expected of them
in<l tlii.- action of the Italian Govern
nent has very much the appearance of
talian gase-on:Ide. Of course every
aw-abi<ling citiz.en loprecates the un
rortitnate oCCTrreLIce in New Orleans,
tL tht. peoil- ol' Louisiana are the
est ji,lgesof their own environments,
intd can ie triisttl to dteal properly with
Illihem. N tither Mr. BIlaine nor Govern
)r Nichiolls is a graitl juryinan or pros
ncutor, aml thwy havt properly left the
tifYair int th0 IlV:ds of the law, where it
belollgs.
")o y ou think t he- M-1ia will he again
leard froiny''
"''hat, : (:annot tc1l. It appears to
Ie aui 1'alian inst itution transplanted
m this country, but it does not flourish
lcr* Wid will not be permitted to
;prcud. Wipt evr means are necessa
'y to r-:14elite it will be adopted
xh'rever it shows it; head, and the
It alian ( iovern ient, inay as well un
ler>t al. fir.-t- as lait, that if Italian
il1.ie! , emnir over ainot identify them
elves wit It the Mmhia they must take
h coT)se ql(eles. Ilow long do you
ippos. an A1iniric:au White Cap, Ku
klix Klan or Ao!lv Nlag-uiro organiza
Lion w hull porni,i ted Lo ply their
avocat i. n in an I i liaft city on Italiaa
Jild-;t? J- ahout as long as it
Lalkos ii g-t t!wi (it the nearest lamp
post or n"arest, linib. ()tne thing. I
1hink mn-ty bw alv assured, that the
toirse of ltho Italini tioqernment is
not cailatir,dl to ticourage the amia
ble 'i' of the Ainirican character or
oxite svilpit by lfor lUllian sibjects
Mho iit stilt'tos '-hor[e law oflicers of
his country in r f enforcing
'he law."
"Will tLhoe )re;ttt coinplicat;ons lead
to wartt inl 0pr:inioi1 ?'
- do iot, know. I I itst not. There
i% nothin-i inl tho vwooluctt of outr Gov..
erminelit to) go to w\ar- about, blitt if
I1ily is spoilint'r for .t i t I expect she
(.Anl ho -teonnionatl. NObodly here
wants war, ;ld nobiy wants to be
iictate<ti to or buimii iy a foreign Gov
1,in(nt. i tIh ei sui-eLs of foreign
(;overimiets are lirstily treated by
our people Ite (Qb,?V0I*ll(rit ouight to
udo Its the . istico to give aln opportuni
ty to uiko atmnnds. TIhat proper
aiinls woutld e ma.e in dtie tine
tero call litb no touit, but wien an ef
fort is ina(le to (i rive us to a reckoning
with nulecent, haste we ought, at least
to assert a beconiing deterininat,on not
t.o be driven."
Seniator Ibltler's tteraices have the
proper riig, Il h lie hit voices the sen
I iiiients of his poople in the Old Pal
niettt Stiate as exjpIessed in the News
and Cui er'.
T1her'e are no new developments in
the ItLaliani in yv. Thle next feature of
[tie conitroiversy' will be the reply fromn
Mlar<1uis o pe rial11 to the Secr'etary's
letter of last,i night, wyhich has not yet
arr'ived. OIn it will' depend much ot
t he prospect. Ii':nim.y indicate his in
ability to~ speak for' hai Government,
hafvinog beun let t, only ii charge of "cur
sent alfairs,"' in which evenut M[r. Bilaine
will take it, f'or gr.uitedl t,hat dliplomat
ie representation in1 this country from
Italy is at, an end, aiid will p)robably
'onnounlieni c:te withi Al argniiis I )i I tudini
through Ali isitr I'or'ter' at ltoiue. The
note fron)ii Alarisii nIm nperiali may be
dielaye<i long enintighi for1 a cable mes
sage to reach lI udini fr'oini here and for
a rely 3 ci inta i ig inst r'ucti ons to get
b ack. Ilhis I uiy hiappent within a
couple ofi hoursi or' i. mnay take two
days accorid inog t a ti he te ilper of the
I tal iani yoern aien t. -News and Cour
ier.
N i: w Yiusn April 2. -The steamshi p
Agti:ih o t he II ltdras Central Amern
eini ( anal C oinipaiiy left heire twvo weeks
ago wit ht Wanuer Al1iller, President of the
.\ iiaraiugna ('anal Comipany and party
whoi were 'ong to iisp)ect the works.
in tie uonoring of' March 2tith the
.\oti was wrecked on Paunnacadorie's
ro'e,'.uutiles N orthw~'est of Greytown.
.\i I li were lost so far as known. As
sion a t hie steamter str'uck the reef a
hi h e 1 oai: was sen t ashore. I t r'eached
theytw nth 0hof iNlarchi, and on
ih ha ollowing the steanmer Brazo of
t lhe Aloriega- li fe, left Greytown to go ter,'
Sit' resenie ti t het paissengers andl crew of
the .\ imut.a. Tlhe lirazo is expected
back at. I,reytIown today. 'The Chief
Iagier ot thte Agiun telegraphedl
these fa'.t; to hiis co;niany's ollice to
day.
J 4gIi ite 14uu1ncant vitory)').
tioin "~ tus ava i lable ait I o'lock this
after' o)on mnake it rert a it lhat ther'e has
been nio choice bty thle people for any
Ollicer upon)1 1he P en erail ticket. Th'le
retpulicaniis iave c'arr'ieul a sullicient
niumbeir of towvns to give I hem thle fIfty
live votes nece't.sary 1forI anjority on
joint ballot. Th'ei lot al tinun ber of votes
fon govern' ior st ans ik: lIr;ntl on, ntionalist,
I ,529. 'Thle net*Xtgetinraassembly stands;
Senat I, r'epubilicanis; 21 ; democrats 9; to
be ch ose:n i. II tuse of r'epresentative,
repubI llicanls 31; deumocrats 23; to be
Qin:m.:t , April 2. -Last evening a
violeuit carthliinake hieire was felt all
along lte Nort h shioro tof St. Lawrence
aind exIended& far' inito thie back country
par'ishes. News fr'om St,.G(abriel County,
at Qui'lee, aund other stations confirm
[l.h f'act of a iuleiit shock. Rtesidents of
lioniaparte stalte that the earth and
:Iwellint there shook ini that parish for
uever'al seconds anid caused the inhabit
imts great~ alarnm.